Ordinance No. 13,911ORDINANCE NO. 13,911
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH LS ENERGY PROPERTIES, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an
Industrial District Agreement with LS Energy Properties, LLC. A copy of said Industrial District
Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown. 1117
INTRODUCED, READ, and PASSED by the
City of Baytown, this the 25th day of October, 2018.
ATTE
LE CIA BRYSCH, Citytferk
APPROVED AS TO FORM:
CL.
n"'
PPACIOILwinz, SR., D
Attorney
i fs'vote of the City Council of the
CARLOS, Ma
'.cobfs0l\legal\Karen•.FileslCity Council\Ordinances\201 S •.October 25`•.IDAwithLSEnergyPropertiesLLC.doc
Exhibit "A"
Industrial District Agreement
This Industrial District Agreement ("Agreement") is made and entered into between the
City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also referred to as "Baytown" or "City," and LS Energy Properties, LLC, a Texas
limited liability company, hereinafter referred to as "Property Owner." In consideration of the
promises and of the mutual covenants and agreements herein contained, it is agreed by and
between the City and Property Owner as follows:
I.
Parties
This Agreement is made under the authority of Texas Local Government Code
Annotated §42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other
applicable law. The parties to the Agreement and their addresses are:
1. The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O. Box 424
Baytown, TX 77522
2. The "Property Owner"
LS Energy Properties, LLC
Attn: Mr. Brian Shanklin
2050 FM 1405
Baytown, TX 77523
Tax Statement Address:
LS Energy Properties, LLC
Attn: Property Tax Department
2050 FM 1405
Baytown, TX 77523
II.
Identification of Property and Industrial
District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate
limits of the City is sometimes referred to herein as the "affected area," and it is described in
Exhibit A, which is attached to this Agreement and made a part hereof. Acting pursuant
to the above mentioned authority, the City Council of the City has by ordinance, designated the
affected area as an industrial district, the same to be known as Baytown Industrial District
No. 3 (the "Industrial District").
III.
Term
The term of this Agreement is seven tax years, from 2018 through 2024, unless it is
sooner terminated under the provisions hereof. This Agreement shall be effective and
binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement
and shall remain in effect for seven years. This Agreement supersedes any prior existing
agreements between the Property Owner and the City relating to the subject matter specific to
the term hereof.
IV.
Limited Immunity from Annexation by the Citv
In consideration of the obligations of the Property Owner herein set forth, the City
hereby guarantees for the term of this Agreement the immunity of the affected area from
annexation of any type by the City except for such parts of the affected property as may
be necessary to annex property owned by third parties within the Industrial District that the
City may decide to annex. Additionally, this Agreement shall not affect the continuation of
any limited purpose annexation status to which the affected area is now subject.
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31 n of each year during the term
hereof a sum of money equal to:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
2018
$5,406,450.00
2019
$5,406,450.00
2020
$5,406,450.00
2021
$5,406,450.00
2022
$5,406,450.00
2023
$5,406,450.00
2024
$5,406,450.00
hereinafter referred to as the "Base Value," multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable Yearly Payment Rate as
detailed below:
TAX YEAR
YEARLY
PAYMENT
RATE
2018
.66
2019
.66
2020
.66
2021
.66
2022
.66
2023
.66
2024
.66
Vl.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible property, real or mixed, in
the affected area, which is not within the corporate limits of the City, for the purpose of
computing the payments hereunder. For the purpose of providing a procedure for determining
and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the term of this Agreement (including,
in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of
such provisions would require the assessment of the Property Owner's property on an equal
and uniform basis with property in the general corporate limits of the City, the provisions of
this Agreement will control where in conflict with the provisions of such laws and (ii) the
income method of appraisal as described in Section 23.012 of the Texas Property Tax Code
shall not be limited to only properties for which a rental market exists. Specifically, nothing
contained herein shall limit the income method of appraisal specified in Section 23.012 of the
Texas Property Tax Code to only properties for which a rental market exists, instead if such
method is used, the chief appraiser shall:
I . use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in determining an appropriate
capitalization rate; and
4. determine a capitalization rate for income-producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
The parties agree that the fair market value of the Property Owner's land,
improvements, and tangible property subject to Subsections B and C of this section shall be
determined in accordance with the market value computation contemplated in the Texas
Property Tax Code for the purpose of calculating the Property Owner's payment under this
Agreement on properties annexed or disannexed subsequent to the commencement of this
Agreement. The City may choose to use the appraised value as finally determined by the
Chambers County Appraisal District (or through administrative or judicial appeal of the
Chambers County Appraisal District's determination), or by appraisal conducted by an
independent appraiser of the City's selection at the City's expense. The determination of fair
market values by the City shall be final and binding unless the Property Owner within thirty
(30) days after receipt of the City's determination petitions for a Declaratory Judgment to the
Civil District Court of Harris County, Texas, as provided for by Section XIII hereof.
Nothing contained herein shall ever be construed as in derogation of the authority of the
Chambers County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion for ad valorem tax
purposes.
B.
Adiustment of Base Value for Property Inside the Comorate Limits but Subs2guently
Disannexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is disannexed from the corporate limits of the City during the term of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such
disannexed land, improvements and tangible property, real or mixed shall be determined as
described in Subsection A of this Section based upon the year in which the property is
disannexed and shall be added to the Base Value specified in Article V each year after the
disannexation for purposes of payment hereunder.
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C.
Adiustment of Base Value for Property Outside the Corporate Limits but Subsequently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is annexed and shall be
subtracted from the Base Value specified in Article V each year after the annexation for
purposes of payment hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 of
each year showing the total amount due on December 31 of such year pursuant to this
Agreement. Such statement shall be mailed to the "Tax Statement Address" noted in this
Agreement. Any amounts due on December 31 that are not paid when due shall become
delinquent on January 1 of the following year. Provided, however, if the tax statement is
mailed after December 10, the delinquency date is postponed to the first day of the next
month that will provide a period of at least 21 days after the date of mailing for payment of
the amount due. Delinquent amounts shall be immediately subject to the same penalties,
interest, attorneys' fees and costs of collection as recoverable by the City in the case of
delinquent ad valorem taxes. The City shall have a lien upon the Property Owner's land within
the affected area upon any delinquency in the Industrial District Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally
determined by the due date of the Property Owner's payment hereunder and the Property
Owner is pursuing through a declaratory judgment action as specified in Subsection A, the
Property Owner shall, without prejudice to such action, pay to the City by December 31 of each
year (subject to the exception in the preceding paragraph for statements mailed after December
10), such amount as is provided in the Texas Property Tax Code, as amended throughout the
term of this Agreement, for payments made under such conditions by owners of property within
the general corporate limits of the City subject to ad valorem taxation. Any refund payable
by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the
City of both Chambers County Appraisal District's form notification that the appraised value of
the property has been reduced and a written refund request by the Property Owner, if not paid
timely, the refund amount shall bear interest at the rate specified in Section 2251.025 of the
Texas Government Code beginning 60 days after the City received both the Property Owner's
written refund request and the Chambers County Appraisal District's formal notification
that the appraised value of the property has been reduced.
VII.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial
District, and that development within the District may have an impact on the drainage of
surrounding areas. To this end, the Property Owner and the City agree that the same standards
and criteria relative to noise, vibration and toxic levels and drainage and flood control which are
adopted by the City and made applicable to portions of the City adjacent to the Industrial
District shall also be applicable to the affected area. The Property Owner agrees that any
industrial or other activity carried on within the affected area will be constructed in strict
compliance with all applicable valid state and federal air and water pollution control standards.
If the Property Owner's property within the affected area is subject to the Occupational Safety
and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to
ensure that its facilities and improvements in the affected area comply with the applicable fire
safety standards of such act and the resolutions from time to time promulgated hereunder (the
"OSHA Standards"), but there shall be no obligation to obtain any permits of any kind from the
City in connection with the construction, operation or maintenance of improvements and
facilities in the affected area not located within the corporate limits of the City. Nonetheless, the
Property Owner agrees that any structure built within the affected area shall be built in
accordance with the building code adopted by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial
districts are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner
also recognize that the City may have an interest in activities in the City's industrial districts
that are regulated by other governmental entities. Nothing in this Agreement is intended to limit
the City's right and authority to communicate its interest in, or opposition to, those activities to
the applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
VIII.
actions
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's
premises and the same right to examine the Property Owner's books and records to determine
the value of the Property Owner's properties as are provided in the Texas Property Tax Code as
amended.
DC.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation to make the payments above provided for, the City
shall have the option, if such default is not filly corrected within sixty (60) days from the
giving of written notice of such default to the Property Owner to either (i) declare this
Agreement terminated or (ii) continue the term of this Agreement and collect the payments
required hereunder. Notwithstanding any to the contrary contained herein, should the City
determine the Property Owner is in default according to the terms and conditions of Section
VII hereof, the City shall notify the Property Owner in writing by U.S. Mail, certified return
receipt requested, at the address stated in this Agreement, and if such default is not cured within
sixty (60) days from the date of such notice (the "Cure Period") then such failure to cure shall
constitute a material breach of this Agreement; provided that, in the case of a default under
Section VII for causes beyond the Property Owner's control that cannot with due diligence be
cured within such sixty (60) day period or in the event that the failure to cure results from
ongoing negotiations with federal or state officials, administrative proceedings or litigation
regarding the necessary cure steps, then the cure period shall be extended until such
negotiations, administrative proceedings or litigation are concluded.
B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved
of all further obligations hereunder, but the Property Owner shall not be relieved of the
obligation to pay any amounts that accrued prior to such termination. In the event of
termination, the City shall have the right to repeal the ordinance designating the affected area
as an industrial district. Provided, however, if the termination occurs as a result of the
City's exercising its option to terminate (as provided in the first sentence of this Section
DQ, the City shall not have the right to annex the affected area into the general corporate
limits of the City so as to subject the affected area to ad valorem taxes for any part of the period
covered by the Property Owner's last payment hereunder.
X.
Notice
Any notice to the Property Owner or the City concerning the matters to which
the Agreement relates may be given in writing by registered or certified mail addressed to the
Property Owner or the City at the appropriate respective addresses set forth on the cover page of
this Agreement. Any such notice in writing may be given in any other manner. If given by
7
registered or certified mail, the notice shall be effective when mailed. With the exception of
annual bills for payments due herein, notice given in any other manner shall be effective when
received by the Property Owner or the City, as the case may be.
XL
No Further Expansion of Taxing Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement. The Property Owner shall not be obligated
by virtue of this Agreement, or the establishment of the industrial district covering the affected
area not within the corporate limits of the City, to make any payments to the City in the
nature of a tax or assessment based upon the value of the Property Owner's property in the
affected area during the term of this Agreement other than the payments specified herein.
Specifically, the Property Owner shall not be liable for any City taxes within the affected area,
including, without limitation, City ad valorem taxes on taxable property within the affected area.
XII.
Reimbursement for Services
If the Property Owner requests and receives mutual aid firefighting assistance and
is a member of Channel Industries Mutual Aid organization C'CAW') or similar
organization, the Property Owner shall reimburse the City for costs incurred by the City in
providing fire protection services to the Property Owner as shall be provided in the charter,
bylaws and agreements pursuant to which CIMA or such similar organization is organized and
operates. If the Property Owner requests and receives mutual aid firefighting assistance and is
not a member of CIMA or a similar organization, then the Property Owner shall be required to
reimburse the City for costs actually expended by the City in providing any firefighting
assistance to the Property Owner, including chemical and personnel costs.
XIII.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of
Hams County, Texas, for a Declaratory Judgment determining said controversy and the
cause shall be tried as other civil causes. If the controversy affects an Industrial District
Payment, the Property Owner shall, pending final determination of said controversy, pay to the
City on the due date the same amount which was paid to the City for the last preceding
period as to which there was no controversy concerning the amount owed by the Property
Owner to the City. The Property Owner agrees to tender any additional amount of potential
liability to the registry of the Civil District Court, Hands County, Texas, pending final
determination of the controversy beyond any further appeal.
XIV.
Assi ng_men_t
This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit the Property Owner and the City only. If the Property Owner conveys all or any
part of the property then covered hereby, the Property Owner shall notify the City within 30
days of the conveyance and shall thereafter cease to be obligated with respect to the property so
conveyed and the Base Value shall be apportioned between the Property Owner and the grantee
based upon the property conveyed, only if the grantee thereof enters into an Industrial District
Agreement with the City with respect to such property so conveyed. No right or obligation
under this Agreement may be sold, assigned or transferred.
XV.
Authori
The Property Owner covenants that it has the authority to enter into this Agreement
by virtue of being either the legal or equitable owner of a possessory estate (including a
leasehold estate) in the land comprising the affected area, which will not terminate before the
expiration date of this Agreement. Additionally, the officers executing this Agreement on
behalf of the parties hereby represent that such officers have full authority to execute this
Agreement and to bind the party he represents.
XVI.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (S)
garbage pickup service.
XVII.
Severability
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision, covenant,
obligation or agreement, such determination shall not affect any other provision, covenant,
obligation or agreement, each of which shall be construed and enforced as if the invalid or
unenforceable portion were not contained herein. Provided, further that such invalidity or
9
unenforceability shall not affect any valid and enforceable provision thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent permitted by law. Notwithstanding
the above, if the application of this Section XVII requires reformation or revision of any tern
that removes or materially diminishes the obligation of the Property Owner to make the
payments to the City described herein (except in the event of a reformation that shortens the
term of this Agreement), the City shall have the option to declare this Agreement terminated.
XVIII.
Complete Ageement
This Agreement contains all the agreements of the parties relating to the subject
matter hereof and is the full and final expression of the agreement between the parties.
XIX.
Non -waiver
Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any
right or remedy occurring as a result of any future default or failure of performance.
XX.
Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
M.
Headines
The headings appearing at the first of each numbered section in this Agreement are
inserted and included solely for convenience and shall never be considered or given any effect
in construing this Agreement or any provision hereof, or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question
of intent should arise.
E
XXII.
Choice of Law: Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution
or performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
Y.M.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf
of the Property Owner this 0 day of 00.+01 y , 2018, and on behalf
of the City this day of , 2018.
STATE OF �.x Q S §
COUNTY OF ChaA&&S §
LS Energy Properties, LLC
By.
Printed Name
Ti e
Before me, the undersigned notary public,
on this day personally afpeared , the
of LS Energy Properties, LLC, the owner of the affected property, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me this I I"dayAf 0(ti-obey , 2018.
in and for the State
v
���� .1101& JULIE BERTRAW,
_$ ,,A�.'•�l�.iNotary Public, State of Taxes
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Notary 10 128037433
CITY OF BAYTOWN
STEPHEN H. DONCARLOS,
Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMMEZ, SR., City Attorney
WADE NICKERSON, Finance Director
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12
Electronkally Recorded Instrument: 00125621 Book OR Volume: 1767 Page: 590
HeaUter H. Hawthorne, County Clerk, Chambers Courtly, Texas
EXHIBIT A
TRACT 1: Fee
BEING 11.001 acres (479,212 square feet) of land in the W.D. Smith Survey, Abstract Number 23 in
Chambers County, Texas and being all of the called 11.00 acre tract of land described in the deed
from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume 1171, Page 397 of the
Chambers County Deed Records and being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983, South Central Zone:
COMMENCING at a 5/8 -inch iron rod found at the northern re-entrant comer on the west line of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded in Volume 456, Page ISS of the Chambers County Deed Records;
THENCE, across said 870.338 acre tract, South 20' 31' 27" West - 312.09 feet to a 5/8 -inch iron rod
with cap stamped "IDS" set for the northwest comer of said 11.00 acre tract and the POINT OF
BEGINNING of the herein described tract;
THENCE, with the boundary lines of said 11.00 acre tract the following courses and distances;
South 89' 52' 17" East - 740.65 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for
the beginning of a curve to the right,
in a southeasterly direction with said curve to the right having a radius of 50.00 feet, a
central angle of 89" 45' 54", and a chord bearing and distance of South 44' 59' 20" East -
70.57 feet, an arc distance of 78.33 feet to a bent 5/8 -Inch Iron rod found at the end of
curve;
South 00' 06'24" East - 314.28 feet to a 5/8 -inch iron rod with cap stamped "IDS" set at the
beginning of a curve to the right,
In a southwesterly direction with said curve to the right having a radius of 50.00 feet, a
central angle of 90' 43'45", and a chord bearing and distance of South 45' 15' 29" West -
71.16 feet, an arc distance of 79.18 feet to a 5/8 -inch iron rod with cap stamped "IDS" set
at the end of curve;
North 89' 22'39" West -163.02 feet to a 5/8 -inch iron rod with cap stamped "iDS" set at
the beginning of a curve to the left;
In a southwesterly direction with said curve to the left having a radius of 100.00 feet, a
central angle of 90' 25'28", and a chord bearing and distance of South 45' 24'37" West -
141.94 feet, an arc distance of 157.82 feet to a 5/8 -inch Iron rod found at the end of
curve;
Exhlb" A— Page 1 of 10 Pages
r,1
Elecfronk:ally Recorded Inshument 00125621 Boolc OR Volume. 1767 Page. 594
Heather H. Hawthorne, County Clerk, Chambers County, Texas
South 00' 11'56" West - 284.95 feet to an "X" cut in concrete found at the beginning of a
curve to the right;
In a southwesterly direction with said curve to the right having a radius of 60.00 feet, a
central angle of 87' 52' 40", and a chord bearing and distance of South 44' 08' 16" West -
83.27 feet, an arc distance of 92.03 feet to a bent 5/8 -inch Iron rod found at the end of
curve;
South 88' 04'35" West -199.01 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for
an angle point;
North 00' 49' 17" West - 280.70 feet to an "X" cut in concrete found for an angle point;
North 89' 52'27" West - 204.42 feet to an "X" cut in concrete found at the beginning of a
non -tangent curve to the right;
In a northwesterly direction with said curve to the right having a radius of 1394.03 feet, a
central angle of 02' 09'00", and a chord bearing and distance of North 08' 25119" West -
52.31 feet, an arc distance of 52.31 feet to a 5/8 -inch iron rod with cap stamped "IDS" set
at the end of curve;
North 00' 19'2-3" West - 68.14 feet to a 5/8 -Inch iron rod with cap stamped "IDS" set for an
angle comer;
North 00' 15' 41" West - 464.20 feet to the POINT OF BEGINNING and containing 11.001
acres (479,212 square feet) of land.
TRACT II: Easement
A PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES AS SET FORTH
AND MORE FULLY DEFINED IN THAT CERTAIN ROAD EASEMENT AGREEMENT BY AND BETWEEN
CEDAR CROSSING, L.P., A TEXAS LIMITED PARTNERSHIP, AND LS ENERGY PROPERTIES, LLC, A
TEXAS LIMITED LIABILITY COMPANY, DATED FEBRUARY 9, 2010, FILED FOR RECORD IN VOLUME
1171, PAGE 411 OF THE CHAMBERS COUNTY DEED RECORDS.
TRACT III: Fee
BEING 8.191 acres (356,765 square feet) of land In the W.D. Smith Survey, Abstract Number 23 In
Chambers County, Texas and being all of the called 8.190 acre tract of land described In the deed
from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume 1273, Page 65 of the
Chambers County Deed Records and being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983, South Central Zone:
Exhibit A— Page 2 of 10 Pages
W
Electronically Recorded Instrument: 00125821 Book OR Volume:1767 Page: 595
Heather H. Hawthcme, County Clerk, Chambers County, Texas
COMMENCING at a 5/8 -inch iron rod found at the northern re-entrant corner on the west line of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded in Volume 456, Page 155 of the Chambers County Deed Records,
THENCE, across said 870.338 acre tract, South 350 14' 54" East -1490.47 feet to a 5/8 -inch Iron rod
with cap stamped "GBI" found for the southwest corner of said 8.190 acre tract and the POINT OF
BEGINNING of the herein described tract;
THENCE, with a west line of said 8.190 acre tract, North 00" 16'55" East - 432.81 feet to a 5/8 -inch
Iron rod with cap stamped "IDS" set for an angle comer;
THENCE, with a south line of said 8.190 acre tract, North 77° 34' 05" West -160.25 feet to a 5/8 -
Inch iron rod with cap stamped "IDS" set for and angle corner;
THENCE, with a west line of said 8.190 acre tract, North 00° 20' 18" East - 455.54 feet to a bent
railroad spike found for the northwest corner of said 8.190 acre tract;
THENCE, with the north line of said 8.190 acre tract, South 890 51'54" East - 511.86 feet to a 5/8 -
inch iron rod with cap stamped "IDS" set for the northeast comer of said 8.190 acre tract;
THENCE, with the east line of said 8.190 acre tract, South 00° 00' 17" West - 921.63 feet to a 5/8 -
inch iron rod with cap stamped "IDS" set for the southeast comer of said 8.190 acre tract;
THENCE, with the south line of said 8.190 acre tract, WEST- 360.10 feet to the POINT OF BEGINNING
and containing 9.273 acres (403,914 square feet) of land
save and except the following tract:
BEING 1.082 acres (47,149 square feet) of land in the W.D. Smith Survey, Abstract Number 23 in
Chambers County, Texas and being all of the called 1.082 acre "save and except" tract of land
described in the deed from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume
1273, Page 65 of the Chambers County Deed Records and being more particularly described by
metes and bounds as follows with bearings based on the Texas Coordinate System of 1983, South
Central Zone:
COMMENCING at a 5/8 -Inch iron rod found at the northern re-entrant corner on the west line of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded in Volume 456, Page 155 of the Chambers County Deed Records;
THENCE, across said 870.338 acre tract, South 350 14'54" East -1490.47 feet to a 5/8 -inch iron rod
with cap stamped "GBI" found for the southwest comer of said 8.190 acre tract;
r~� Exhiblt A —Page 3 of 10 Pages
Mecbonk2lly Recorded Indrwrot 00125621 Book OR Wow 1767 Page: 596
Heather H. Hawthome, Courdy Clerk, Chambers Courtly, Tema
n THENCE, with a west line of said 8.190 acre tract, North 000 16'55" East - 432.81 feet to a 5/8 -inch
Iron rod with cap stamped "IDS" set for an angle corner;
THENCE, with a south line of sold 8.190 acre tract, North 7T 34'05n West - 160.25 feet to a 5/8 -
Inch iron rod with cap stamped "IDS" set for and angle comer;
THENCE, North S2° 46'S7" East -178.84 feet to the POINT OF BEGINNING of the herein described
tract;
THENCE, with the west line of said 1.082 acre tract, North 21° 34' 22" East - 81.13 feet to an angle
point;
THENCE, with the north line of said 1.082 acre tract, North 89° 58' 57" East - 300.06 feet to the
beginning of a non -tangent curve to the right;
THENCE, with the east line of said 1.082 acre tract, in a southwesterly direction with said curve to
the right having a radius of 254.30 feet, a central angle of 50° 51' 03", and a chord bearing and
distance of South 16° 26' 34" West - 218.36 feet, an arc distance of 225.69 feet to the end of curve;
THENCE, with the south line of said 1.082 acre tract, North 630 27' 35" West - 299.66 feet to the
POINT OF BEGINNING and containing 1.082 acres (47,149 square feet) of land.
Resulting in a net acreage of 8.191 acres (356,765 square feet) of land.
TRACT IV: Fee
BEING 4.810 acres (209,515 square feet) of land in the W.D. Smith Survey, Abstract Number 23 in
Chambers County, Texas and being all of the called 4.810 acre tract of land described in the deed
from Cedar Crossing, LP. to LS Energy Properties, LLC recorded in Volume 1273, Page 65 of the
Chambers County Deed Records and being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983, South Central Zone:
COMMENCING at a 5/8 -inch iron rod found at the northern re-entrant corner on the west line of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded in Volume 456, Page 155 of the Chambers County Deed Records;
THENCE, across said 870.338 acre tract, South 61° 30'46" East - 425.06 feet to a 5/8 -Inch iron rod
with cap stamped "IDS" set for a southwest corner of said 4.810 acre tract and the POINT OF
BEGINNING of the herein described tract,
THENCE, with the boundary lines of said 4.810 acre tract the following courses and distances;
1--1% ) t.xhlblt A - Page 4 of 10 Pages
Electronically Recorded Intent: 00125621 Book OR Volume:1767 Page: 597
Heather H. Hawthorne, County Clerk, Chambers County, Teems
North 000 04' 43" West .. 587.12 feet to a 5/8 -inch iron rod with cap stamped "IDS" set at the
beginning of a curve to the right;
in a northeasterly direction with said curve to the right having a radius of 65.00 feet, a central angle
of 91° 14' 10", and a chord bearing and distance of North 459 32' 13" East - 92.91 feet, an arc
distance of 103.50 feet to a 5/8 -Inch iron rod with cap stamped "IDS" set for the end of curve;
South 88° 50' 50" East - 177.13 feet to a 5/8 -Inch Iron rod with cap stamped "IDS" set a the
beginning of a curve to the right;
In a southeasterly direction with said curve to the right having a radius of 65.00 feet, a central angle
of 85° 07' 25", and a chord bearing and distance of South 460 17' 00" East - 87.93 feet, an arc
distance of 9657 feet to a 5/8 -inch iron rod with cap stamped "IDS" set at the end of curve;
South 030 43' 10" East - 59.10 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for an angle
point;
South 00° 10'30" East -132.71 feet to a 5/8 -Inch iron rod with cap stamped "IDS" set for an angle
point,
South 000 18'21" West - 92.51 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for an angle
point;
South 00" 15'10" West -129.91 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for an angle
point;
South 00' 28' 31" West - 143.63 feet to a 5/8 -inch iron rod with cap stamped "IDS" set at the
beginning of a curve to the right;
in a southwesterly direction with said curve to the right having a radius of 65.00 feet, a central angle
of 900 35142", and a chord bearing and distance of South 44° 49' 24" West - 92.40 feet, an arc
distance of 102.78 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for the end of curve;
North 890 52' 41" West - 210.45 feet to a 5/8 -inch iron rod with cap stamped "IDS" set for the
beginning of a curve to the right;
In a northwesterly direction with said curve to the right having a radius of 35.00 feet, a central angle
of 890 47' 52", and a chord bearing and distance of North 44° 58' 42" West - 49.41 feet, an arc
distance of 54.85 feet to the POINT OF BEGINNING and containing 4.810 acres (209,515 square
feet) of land.
�� ExMh A — Page 5 of 10 Pages
Electronically Recorded Instrument: 00125521 Book: OR Volume: 1767 Page: 598
Heather H. HaWtome, County Clerk, Chambers County, Texas
TRACT V: Fee
BEING 7.988 acres (347,943 square feet) of land in the W.D. Smith Survey, Abstract Number 23 in
Chambers County, Texas and being all of the called 7.988 acre tract of land described in the deed
from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume 1449, Page 124 of the
Chambers County Deed Records and being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983, South Central Zone:
COMMENCING at a 5/8 -inch iron rod found at the northern re-entrant corner on the west fine of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded in Volume 456, Page 155 of the Chambers County Deed Records;
THENCE, across said 870.338 acre tract, North 24' 55'31" East -1012.45 feet to a 5/8 -inch iron rod
found for the northwest comer of said 7.988 acre tract, the southwest comer of a 8.000 acre tract
of land described in deed from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume
1449, Page 62 of the Chambers County Deed Records, and the POINT OF BEGINNING of the herein
described tract;
THENCE, with the common line between said 7.988 acre tract and said 8.000 acre tract, South 89'
59' 47" East - 793.64 feet to a 5/8 -inch Iron rod set for the common east corner of said 7.988 acre
tract and said 8.000 acre tract;
.—. THENCE, with the east line of said 7.988 acre tract, South 00' 00' 13" West - 439.09 feet to a 5/8 -
inch iron rod with cap stamped "GBI" found for the southeast comer of said 7.988 acre tract;
THENCE, with the south line of said 7.988 acre tract, North 89' 5947" West - 743.64 feet to a 5/8 -
inch iron rod with cap stamped "IDS" set at the beginning of a curve to the right;
THENCE, in a northwesterly direction with said curve to the right having a radius of 50.0D feet, a
central angle of 90" 00' 00", and a chord bearing and distance of North 44' 59' 47" West - 70.71
feet, an arc distance of 78.54 feet to a 5/8 -Inch iron rod with cap stamped "IDS" set for the end of
curve;
THENCE, with the west line of said 7.988 acre tract, North 00' 00' 13" East - 389.09 feet to the
POINT OF BEGINNING and containing 7.988 acres (347,943 square feet) of land.
TRACT VI: Easement
A NON-EXCLUSIVE, PERPETUAL EASEMENT BY ROAD EASEMENT AGREEMENT BY AND BETWEEN
CEDAR CROSSING, L.P., A TEXAS LIMITED PARTNERSHIP AND LS ENERGY PROPERTIES, LLC, A TEXAS
LIMITED LIABILITY COMPANY, DATED OCTOBER 1, 2013, FILED FOR RECORD UNDER COUNTY CLERK
FILE N0, 201300088622, OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
�� Exhlbit A— Page 6 of 10 Pages
Sechnically Recorded Inourtrent: 00125621 Book OR Volume: 1767 Page: 599
Heather H. Hawthorne, County Clerk, Chambers County, Teras
BEING THE CENTERLINE OFA SIXTY FOOT (60') WIDE PERMANENT EASEMENT LOCATED IN THE WM.
D. SMITH SURVEY, ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS. SAID EASEMENT LIES
WITHIN THE BOUNDARIES OF THOSE CERTAIN CALL 870.338 ACRE (TRACT I, PART EIGHTEEN) AND
82.662 ACRE VOLUME 456, PAGE 155, OF THE CHAMBERS COUNTY DEED RECORDS (C.C.D.R.); A
CALL L083 ACRE TRACT OF LAND RECORDED IN THE NAME OF UNITED STATES STEEL
CORPORATION IN VOLUME 283, PAGES 177 AND 186, C.C.D.R., AND FURTHER DESCRIBED AS SAVE
AND EXCEPT TRACT 5 IN THE AFOREMENTIONED 870.338 ACRE TRACT, AND A CALL 8.190 ACRE
TRACT OF LAND RECORDED IN THE NAME OF LS ENERGY PROPERTIES, LLC, IN VOLUME 1273, PAGE
65, C.C.D.R. SAID EASEMENT BEING SITUATED THIRTY (30') TO EITHER SIDE OF THE CENTERLINE
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND
COORDINATES ARE BASED ON THE TEXAS PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
NAD 83, US SURVEY FEET, BASED ON GPS OBSERVATIONS):
COMMENCING AT A RAILROAD SPIKE (X=3265804.13, Y=13818625.70) FOUND AT THE
INTERSECTION FOR THE EASTERLY RIGHT-OF-WAY (R.O.W.) LINE OF FARM TO MARKET ROAD 1405
AND AN EXISTING DRIVE (SOUTH ROAD), FROM WHICH AN IRON ROD FOUND ATTHE SOUTHWEST
CORNER OF SAID 870.338 ACRES BEARS SOUTH 02 DEGREES 38 MINUTES D9 SECONDS EAST, A
DISTANCE OF 599.48 FEET,
THENCE, THROUGH AND ACROSS SAID 870.338 ACRE TRACT, THE FOLLOWING THREE (3) COURSES:
1. SOUTH 89 DEGREES 59 MINUTES 04 SECONDS EAST, A DISTANCE OF 5,000.91 FEET TO A
RAILROAD SPIKE FOUND;
2. NORTH 57 DEGREES 05 MINUTES 57 SECONDS EAST, A DISTANCE OF 2,287.98 FEET TO A
RAILROAD SPIKE FOUND;
3. NORTH 00 DEGREES 10 MINUTES 43 SECONDS EAST, A DISTANCE OF 263.01 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, FROM WHICH POINT FOUND RAILROAD
SPIKE (X=3272726.09, Y=13820132.66) ON A COMMON LINE FOR SAID 870.338 ACRE TRACT AND
SAID 82.662 ACRE TRACT BEARS NORTH 00 DEGREES 10 MINUTES 43 SECONDS EAST, A DISTANCE
OF 2.67 FEET.
THENCE, THROUGH AND ACROSS SAID 870.338 ACRE TRACT AND SAID 82.662 ACRE TRACT, WITH
A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 78.32 FEET
THROUGH A CENTRAL ANGLE OF 89 DEGREES 45 MINUTES 07 SECONDS, THE CHORD OF WHICH
CURVE BEARS NORTH 45 DEGREES 03 MINUTES 17 SECONDS EAST, A DISTANCE OF 70.56 FEET TO
A POINT FOR TANGENCY;
THENCE, THROUGH AND ACROSS SAID 82.662 ACRE TRACT, THE FOLLOWING TWO (2) CURSES:
I. NORTH 89 DEGREES 55 MINUTES 50 SECONDS EAST, A DISTANCE OF 566.18 FEET TO THE
BEGINNING OF A TANGENT TO THE LEFT;
(� Exhlbtt A— Page 7 or to Pages
Electronically Recorded Instrument: 00125621 Book OR Volume: 1767 Page: 600
Heather H. Hawthome, County Clerk, Chambers Courtly, Tam
2. WITH SAID CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET, AN ARC LENGTH OF 753.40
FEET THROUGH A CENTRAL ANGLE OF 89 DEGREES 55 MINUTES 50 SECONDS, THE CHORD OF
WHICH CURVE BEARS NORTH 44 DEGREES 57 MINUTES 55 SECONDS EAST, A DISTANCE OF 678.41
FEET TO A POINT FOR TANGENCY;
THENCE, THROUGH AND ACROSS SAID 82.662 ACRE TRACT, SAID 8.190 ACRE TRACT, AND SAID
870.338 ACRE TRACT, NORTH 00 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF
2,064.39 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
SAID SIXTY FOOT (60') WIDE PERMANENT EASEMENT CONTAINING 4.77 ACRES OF LAND, MORE OR
LESS.
TRACT VII: Easement
NON-EXCLUSIVE EASEMENT FOR PERPETUAL INGRESS AND EGRESS EASEMENT ON, OVER AND
ACROSS THAT CERTAIN ROADWAY KNOWN AS "U.S. STEEL ROAD" RUNNING TO F.M. 1405 AS SET
FORTH UNDER TERMS, CONDITIONS AND STIPULATIONS CONTAINED IN THAT CERTAIN ROAD
EASEMENT AGREEMENT DATED FEBRUARY 9, 2010, EXECUTED BY CEDAR CROSSING ,LP., A TEXAS
LIMITED PARTNERSHIP FOR THE BENEFIT OF LS ENERGY PROPERTIES, LLC, A TEXAS LIMITED
LIABILITY COMPANY, RECORDED FEBRUARY 11, 2010 UNDER CHAMBERS COUNTY CLERK'S FILE
NO. 51730 (2010051730) AND DATED JUNE 17, 2011, RECORDED JUNE 22, 2011 UNDER
CHAMBERS COUNTY CLERK'S FILE NO. 66624 (20110666240), AS AFFECTED BY ROAD EASEMENT
AGREEMENT RECORDED AUGUST 22, 2006 UNDER CHAMBERS COUNTY CLERK'S FILE NO.18006
(2006018006) (TRACT nq
TRACT Vlll: Fee
BEING 8.000 acres (358,479 square feet) of land in the W.D. Smith Survey, Abstract Number 23 In
Chambers County, Texas and being all of the called 8.000 acre tract of land described In the deed
from Cedar Crossing, L.P. to LS Energy Properties, LLC recorded in Volume 1449, Page 62 of the
Chambers County Deed Records and being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983, South Central Zone:
COMMENCING at a 5/8 -Inch Iron rod found at the northern re-entrant corner on the west line of a
called 870.338 acre tract of land described in deed from USX Corporation to Cedar Crossing, L.P.
recorded In Volume 456, Page 155 of the Chambers County Deed Records;
THENCE, across said 870.338 acre tract, North 170 27' 10" East -1422.74 feet to a 5/8 -inch iron rod
with cap stamped "GBI" found for the northwest comer of said 8.000 acre tract and the POINT OF
BEGINNING of the herein described tract;
�`I Extdbd A- Page 8 or 10 Pager;
Electronically Recorded Instrument: 00125621 Boolc OR Volume., 1767 Page: 601
Heather H. Hawthorne, County Clerk, Chambers County, Tums
n THENCE, with the north line of said 8.000 acre tract, South 89° 59'47n East - 793.64 feet to a 5/8 -
Inch iron rod with cap stamped "IDS" set for the northeast corner of said 8.000 acre tract;
THENCE, with the east line of said 8.000 acre tract, South 000 00' 13" West - 439.09 feet to a 5/8 -
inch Iron rod set for the southeast corner of said 8.000 acre tract and the northeast comer of a
called 7.988 acre tract of land described In deed from Cedar Crossing, L.P. to LS Energy Properties,
LLC recorded in Volume 1449, Page 124 of the Chambers County Deed Records;
THENCE, with the common line between said 8.000 acre tract and said 7.988 acre tract, North 89"
59'47" West - 793.64 feet to a 5/8 -inch Iron rod found for the common west comer of said 8.000
acre tract and said 7.988 acre tract,
THENCE, with the west line of said 8.000 acre tract, North 000 00' 13" East - 439.09 feet to the
POINT OF BEGINNING and containing 8.000 acres (348,479 square feet) of land.
TRACT IX: Easementy
BEING A TRACT OF LAND CONTAINING 0.605 ACRE LOCATED IN THE WM. D. SMITH SURVEY,
ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS, SAID 0.605 ACRE TRACT BEING A PORTION
OF A CALL 870.338 ACRE TRACT OF LAND RECORDED IN THE NAME OF CEDAR CROSSING, L.P. IN
VOLUME 456, PAGE 155, OF THE CHAMBERS COUNTY DEED RECORDS (C.C.D.R.); SAID 0.605 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS
ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE 4204,
BASED ON GPS OBSERVATIONS):
COMMENCING ATA 5/8 -INCH CAPPED IRON ROD FOUND AT THE NORTHEAST CORNER OF A CALL
8.190 ACRE TRACT RECORDED IN THE NAME OF LS ENERGY PROPERTIES, LLC IN VOLUME 1273,
PAGE 65, C.C.D.R.;
THENCE, THROUGH AND ACROSS SAID 870.338 ACRE TRACT, THE FOLLOWING TWO (2) COURSES:
NORTH 00 DEGREES 00 MINUTES 10 SECONDS WEST, A DISTANCE OF 774.5 FEET TO A POINT FOR
ANGLE TO THE RIGHT,
NORTH 00 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 439.09 FEET TO A 5/8- INCH
CAPPED IRON ROD SET ATTHE POINT OF BEGINNING AND SOUTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT,
THENCE, THROUGH AND ACROSS SAID 870.338 ACRE TRACT THE FOLLOWING FOUR (4) COURSES:
SOUTH 89 DEGREES 59 MINUTES 59 SECONDS WEST, A DISTANCE OF 60.00 FEET,
NORTH 00 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 439.09 FEET,
/— I Exhibit A —Page 9 of 10 Pages
ftftonk*
ImAnanent
EHea H RoHwwtoe rde�Cou Jerk, W1256 1 County, Tens
NORTH Volum.
Page. 602
NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF 60.00 FEETTO A S/8- INCH
CAPPED IRON ROD SET;
SOUTH 00 DEGREES 00 MINUTES 01 SECONDS EAST, A DISTANCE OF 439.09 FEET TO THE POINT
OF BEGINNING AND CONTAINING 0.605 ACRE OF LAND.
TRACT X: Easement
EASEMENT TRACT 2: BEING A TRACT OF LAND CONTAINING 0.547 ACRE LOCATED IN THE WM. D.
SMITH SURVEY, ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS, SAID 0.547 ACRE TRACT
BEING A PORTION OF A CALL 870.338 ACRE TRACT OF LAND RECORDED IN THE NAME OF CEDAR
CROSSING, L.P. IN VOLUME 456, PAGE 155, OF THE CHAMBERS COUNTY DEED RECORDS
(C.C.D.R.); SAID 0.547 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS (BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF
1983, SOUTH CENTRAL ZONE 4204, BASED ON GPS OBSERVATIONS):
COMMENCING AT A 5/8 -INCH CAPPED IRON ROD FOUND ATTHE NORTHEAST CORNER OF A CALL
8.190 ACRE TRACT RECORDED IN THE NAME OF LS ENERGY PROPERTIES, LLC IN VOLUME 1273,
PAGE 65, C.C.D.R.;
THENCE, THROUGH AND ACROSS SAID 870.338 ACRE TRACT, THE FOLLOWING TWO (2) COURSES:
NORTH 00 DEGREES 00 MINUTES 10 SECONDS WEST, A DISTANCE OF 774.5 FEET TO A POINT FOR
ANGLE TO THE RIGHT;
NORTH 00 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 439.09 FEETTO A 5/8- INCH
CAPPED IRON ROD SET AT THE POINT OF BEGINNING AND SOUTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT,
THENCE, THROUGH AND ACROSS SAID 870338 ACRE TRACT THE FOLLOWING FOUR (4) COURSES:
SOUTH 89 DEGREES 59 MINUTES 59 SECONDS WEST, A DISTANCE OF 793.64 FEET TO A 5/8- INCH
CAPPED IRON ROD SET;
NORTH 00 DEGREES 00 MINUTES DI SECONDS WEST, A DISTANCE OF 30.00 FEET;
NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF 793.64 FEET;
SOUTH 00 DEGREES 00 MINUTES 01 SECONDS EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.547 ACRE OF LAND.
nExhlMt A- Page 10 of 0 Pages