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Ordinance No. 13,913ORDINANCE NO. 13,913 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 RAIL LOGIX AMERIPORT, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** 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 Rail Logix Ameriport, L.L.C. 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. /j INTRODUCED, READ, and PASSED by the affirrna e vote of the City Council of the City of Baytown, this the 25th day of October, 2018. / I APPROVED AS TO FORM: A�42� *IANIRRAMIREZ, SR , ity Attorney H. DONCARLOS, `',cobfsO Negai Karen\FileslCity Council',Ordinances\2018`•.October 25,.IDAwithRailLogixAmeriportLLC.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 Hams and Chambers Counties, Texas, liereinafter also referred to as "Baytown" or "City," and Rail Logix Ameriport, 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: 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" Rail Logix Ameriport, LLC Attn: Property Tax Department 3330 S. Sam Houston Parkway E Houston, TX 77047-6503 Tax Statement Address: Rail Logix Ameriport, LLC c/o: Ryan LLC Attn: Property Tax Department 2800 Post Oak Blvd, Suite 2500 Houston, TX 77057 lI. 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 Agrcement 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. TV. Limited Immunity from Annexation by the City In consideration of the obligations of the Property Owner herein set forth, the City hereby guarantees for the tern 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 abovc, the Property Owner agrees to pay to the City on or before December 3151 of each year during the tern 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: I' 2018 $2,977,206.00 2019 $2,977,206.00 2020 $2,977,206.00 2021 $2,977,206.00 2022 $2,977,206.00 2023 $2,977,206.00 2024 $2,977,206.00 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 plus (3) the value of the situs inventory, which is the personal property and inventory stored or held on or within the affected property which is not owned by the Property Owner, as assessed each year by the Chambers County Appraisal District, multiplied by (4) the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City, multiplied by 0.50, and multiplied by the applicable Yearly Payment Rate as detailed below: TAX YEAR YEARLY PAYMENT RATE 2018 .66 2019 .66 2020 .66 K TAX YEAR YEARLY PAYMENT RATE 2021 .66 2022 .66 2023 .66 2024 .66 On or before February 1" of each contract year during the term of this Agreement, the Property Owner shall file a written information report with the City's Director of Finance stating the name and address of each person to whom the Property Owner leased or otherwise provided storage space on January 1 of each contract year. VI. 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: 1. 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 Corporate Limits but Subsequently 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 proposes of payment hereunder. 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 l 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 5 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. Inspections 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. iX. 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 fully 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 IX), 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 payinent 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 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. XI. 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 ("CIMA") 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 Harris 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, Harris County, Texas, pending final determination of the controversy beyond any further appeal. XIV. Assignment 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. ?CV. 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 arca. 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 (5) garbage pickup service. XVII. Severabilitv 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 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 term 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 Agreement 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. 10 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. XXI. Headings 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. 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. XXIII. 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 Agrgement is executed in multiple counterparts on behalf of the Property Owner this day of 'rIA� , 2018, and on behalf of the City this day of 12018. )N&rte S N,ht Printed Name Title STATE OF S § COUNTY OF 6h s § Before me, " rL- , the undergigned notary public, on Oisday perso=W#i d , the 1 G of the ownerof the affected property, known to me to be the person who name is subscribed to the foregoing instrument and acknowledged to me that lie executed the same for the purposes, in the capacity, and for the consideration therein expressed. SUBSCRIBED AND SWORN before me thisc day of pdv�- 201820. MY KATHRYN !L:AIREDERBURKNotary50707My Coxpires Notary P lic in and for the State ofJ9 ATTEST: LETICIA BRYSCH, City Clerk 12 CITY OF BAYTOWN STEPHEN H. DONCARLOS, Mayor .G( APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney WADE NICKERSON, Finance Director R:\Kann\piles\Contmcls.lndaslrial Distnct AgreementAllail Logix Ameriport\Rad Logix Ameriporl IDA - 201 R.doe 13 . ............ ------- ------ .----- ----- Exhibit A Property Description DES-C.RIPTIONIOP- 18i,0921 ACRES, OR Y88j09.1 SQJT. A TRACT OR PA94:PL CONJAiNiNG ,1840$ 1 ACRES OR 788,091 SQUARE FEET ,OF LAND SITUATED IN THE 01, SHOR.T. SURVEY, ABSTRACT, NO. 2'28;'dHAMBER$NTY•6 JEKA$, SLING. PART OF ANQ'OIJT OF THE: RESIDUE OF A. CALLED Q. 65.8778 ACRE TRACT -OF LA146 CO'NVLFYED TO AYMOORT, Lbb A$'lifiCOR0`55 OND.ER-YOL. (QB) 1*053, PG'. 709 OF THE HAMBERS COUNTY DEED RECORDS (C.C.D.R.), A D. kINOA 'ORE P'ARfIG'Ll'LXRLY DESCRIBED BY NIKES AND BOUND& S FOLLOWS. WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE OwKbiNXTU systi-M, Soull I CENTRAL ZONE NAD84 COMMENCING AT A POINT ON THE NORTH LINE OF A CALLED 4.103 ACRE INACT, CONVEYED To BAYER MTE91AUCIEK:E, LLC, IN THAT (4FRTAIA'-WA' 1.:A�NTY- DEED FILE!] FOR RE -CORD IN VOL (1-3) 1-466, PG. -4,97 � C . " RR C. .0,11 - MARKING THE SOUTHEAST CORNER 04k�'*§tSIDUt OF A CAI,4el),O,�031 ACRE TRACT CONVEYED I'0 RAIL ALOGIX AMEPIFORT, H -C IN THAT CERTA WARRANTY . ,b6E6.R'ECiORr)EC�*IN.'CHA'Ma TY CLERK'$ FILE- (c,aar.).NO. 90524; .. EM COLIN THENCE, •NORTH. 15 DQ3,.28 MIN. 33,3E.C. VVEST, ALONQ,AND SMITH' THE EASTERLY LINE OF SAID, 46.3D31 ACRE TRACTA DISTANCE OF 169,15 FEET TO THE MOST 'SOUTHERY_ SOUTHWEST CORNER. AND POINT: OP BEGINNING OF'THE HPREIN DESCRIBED TRACT,' 'THENC9, KOR-71-f 15 DEG. 28 MIN, 33 SEC. WEST, ALONG AND. -WITH THE FASTERWNNE QFSAID 46,3013,ACRE TRKT; -A DISTANCE OF 1-915.63 FEET TO A POINT ON VC-SOUTHEASTEKY LINE OF A CACL6 5.1,989.'ACRETIRACT CONVEYED -TO AMERIP_QRT BUILDING LLC IN -THATCERTAIN. WARRANTY DEED FILED FOR I�ECORDVNDER' C.C. 6.F, NO. D(JI 16110, MAIMNO THE100.5i N-QRTHP-R[Y -99RNkR,'qr THE HEREIN DESCRIBED TRACT, TAEMCt, ALONG.Allb WIT11 THE SOUTHWESTERLY ,LINE OrMP 5'.1987 ACRE TRACT', THE FOLLOWING FIVE is) COURSES AND DISTANCES; 1,. SOUTH 55PEG.14MIN. 28:SEC' EAST, A DISTA14CE OP 76,9.1 F'EElV A'CAPPED,5/8 INCH IRONiNOIJ STAMPED "WIFIDRQSF LANDSERVICES" FOUND MARKING A POINT' OF CURVATURF TO.THElUFt,; 2. W411 SAID.CORVFH TO THE LEFT; IfAVING -A RADIUS OF 100.P0 FEET, A CPALENT ANGLE OF 06 DEG-. 21 MIN. 85 '§9d,.AN A0&tE'N.GfH IAFI 1.14 .N FEET, 'k DAC ORD BEARING AND DISTANCE Of SOUTH 58 QF0. 25 MIN. 16 SEC,, EASt, ) 1.091 F�fib A'Ck0A-D'516'lNdI.4IRON ROD STAMPED "WINPROSF. LAND SERVICES' FOUND 'MARKING A POINT OF TANGENCY; 3 SOUTH .61 DEQ; 16 MIN, 03'SFC' EAST,. A. 1:)ISTANC-E OF 451.80 .FEET TO- A CAPPED- SY8 INCH IRION ROD STAMPED "-WINDROSE'LAND: SERVIC-ES!'FOUND MARKINQ A POINT Of CURVATUIRE-TO THE RIGHT; A, WITH SAID CURVE TO [HE RIGHT; HAVING A. RADIUSOF 09.180 FEET,, A CENTRAI ANGLE -OF . DEG. 43 MIN. 10 SEC., AN Agt, LFOGTH .6 ' 1"1 38.26 FEET, -AND A CHORD BEARING T7 ' AND DISTANCE OF SOUTI 1,55 DEG. 14 MIN. 28 SEC. EAST, 1.37.98 FEEl'TO A CAPPtl) 5.18. INCH IRON' ROD STAMPED'WINDROSE LAND SFRVICE-S' FOUND MARKING A POINT Of TANGENC-Y; 5. $0011413 DEQ, 52 MIN. 53 SEC, CAST, A. DISTANCE OF .079.44 FEET TO A:C-APPED 518 INCH IRON ROD P� . D `WINDkOSC LAND $ERVIC;FS" FIQUNI? QN THE, PROPOSED NORTHWEM-RLY RIGHT-0F_WA-Y,LlIqE OF TRANSPOR' DRIVE (B6 ) b'' * ' " * ' ' 0 . - gq NA:WIDTH.OP�61E MARKII'tQ THE MQU SQU_THERI.Y CORNER or SAID A 1989 ACRE TRACT AND. THFvMO§f iiXSfEkLv':' 6R�'Eiz.QFTRT HEREIN t)tSCgf.BEL)TRACT',- F,xhibit A- I 121623 600001 19077503.1 THENCE, SOUTH 31 DEG. 38 MIN, 03 SEC, WEST. A DISTANCE OF 348,77 FEET TO A CAPPED 5/8 INCH 1RON ROD STAMPED "WINDROSE LAND•*SERVIGI:S" FOUND'MARKINb A SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 4B. -DEG, 52 MIN.'33SEC. WEST; A DISTANCE OF 874,18 FEET TO CAPPED 5/B INCH IRON ROD STAMPED ' IINDRO$E LAND SERVICES' FOUND MARKING AN'INTERIOR COPNER OFTHE HEREIN DESCRIBED TRACT; THENCE,=SOUTH 17 DEG, 04 -MIN, 68 S&S -* (=AST; 'A 04TANCS Of 1147,40 FEET CAPPED -5/8 INCH IRON ROD STAMPED bWIN0kOSE'LANb SEPVI.CES"FOUND NI,ARKING•A SQUYHEASTERLY CORNER OF -THE HEREIN DESCRIBED -TRACT; THENCE, SOUTH 31 DEG. 38 -MIN. 03 SEC, WEST, A DISTANCE OF 184.28 FEET -TO A POINT OF CURVATURE TO THE RIGHT; THENCE, WITH SAID CURVE TQ THE RIGHT, HAVING A RADIUS OF 40,00 FEET, A CENTRAL ANGLE OF 16 DEG. 4A hilN. 64 SEC., AN pR& LENGTH OP 1 i:69 FEET, AND A CHORD BEARING ;AND DISTANCE OF SOUTH 40 DEG. 00 MIN. 31 SEC, WEST; 11,65 FEET TO A POINT -OP CURVATURE; THENCE, WITH ACURVE TO'THE RIGHT, HAVING A RADIUS QF 41•:60 FEET, A CENTRAL ANGLE OF -105 DEG. 91 MIN. '02 SEC`., AN CIRC LENGTH OF 7,6.15 FEET, AND A CHORD BEARING AND DISTANCE: OF NORTH G7 DrQ. 59 MIN. 04 SEC, WEST, A. DISTANCF OF 63.06 TO A POINT OF TANGENCY; THENCE; NORTH, 15 DEG, 28' MIN. 33 SEC, YV,EST, A DISTANCE OF 31.94 FEET TO AN INTERIOR C0kNER OF THE HEWEIN D[SGRIBEL`k TRi4GT, THENCE, .SOUTH 74 DEG. .31 MIN. 27 SEC. VILEST, .A DISTANCE OF 54,00 FEET TO THE POINT OF BEGINNING, AMID CONTAINING 18.09.11 ACRES OR 788,091 SQUARE FEET OFLAND, AS SHOWN bN JOB NO. 46137 -RAIL LOGIX ]A -IB -2, PREPARED NY WINDROSE LAND SERVICES. Exhibit A-2 521623 000001 19077503.1 Rail Logix Ameriport LLC Lien Release Tract 1 8.836 Acres STATE OF TEXAS COUNTY OF CHAMBERS § R.A. Porter Survey Abstract No 205 A METES & BOUNDS description of a certain 8.836 acre tract in the R.A. Porter Survey, Abstract No. 205 in Chambers County, Texas; being a portion of a called 665.8778 acre tract (Tract 3) described in Special Warranty Deed with Vendor's Lien to Amedport LLC, recorded in Volume (08) 1053, Page 709 of the Chambers County Official Public Records of Real Property; said 8.836 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a found 1/24nch iron rod marking the southwest comer of said 665.8778 acre tract, being a northwest comer of a called 255.6 acre tract to Bayer Corporation LLC described In Special Warranty Deed, Recorded in Volume (04) 716, Page 741 of the Chambers County Official Public Records of Real Property, being the southeast corner of a called 21.65 acre tract to Union Pacific Railroad Co., described in a Deed recorded in Volume 278, Page 464 of the Chambers County Deed Records, and described In a Corrected Certificate of Merger recorded In Volume (00) 450, Page 169 of the Chambers County Official Public Records of Real Property; THENCE, North 12019'24" West, 2337.31 feet along the west line of said 665.8778 acre tract, being common with the east line of said 21.65 acre tract to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer; THENCE, North 69059'16" East, 70.51 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, South 12019'24" East, 843.27 feet to a set 3/4 -inch Iron rod (with cap stamped "Cotton Surveying") for comer; THENCE, North 77040'36" East, 73.85 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer; THENCE, South 12°19'24" East, 60.62 feet to a set 3/4 -inch Iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, North 77040'36" East, 281.30 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, South 05037'14" West, 631.90 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, South 00020'19" East, 224.01 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, South 00"52'25" East, 634.81 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for corner in a south line of the aforementioned 665.8778 acre tract, being Rail Logix Ameriport LLC Lien Release Tract II 11.013 Acres STATE OF TEXAS § COUNTY OF CHAMBERS § R.A Porter Survey Abstract No. 205 A METES & BOUNDS description of a certain 11.013 acre tract in the R.A Porter Survey, Abstract No. 205 in Chambers County, Texas, being a portion of a called 665.8778 acre tract (Tract 3) described in Special Warranty Deed with Vendor's Lien to Ameriport LLC, recorded in Volume (08) 1053, Page 709 of the Chambers County Official Public Records of Real Property; said 11.013 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a found 1/2 -inch iron rod marking the southwest corner of said 665.8778 acre tract, being a northwest corner of a called 255.6 acre tract to Bayer Corporation LLC described in Special Warranty Deed, recorded in Volume (04) 716, Page 741 of the Chambers County Official Public Records of Real Property, being the southeast comer of a called 21.65 acre tract to Union Pacific Railroad Co., described in a Deed recorded in Volume 278, Page 464 of the Chambers County Deed Records, and described in a Corrected Certificate of Merger recorded in Volume (00) 450, Page 169 of the Chambers County Official Public Records of Real Property; THENCE, North 77°18'04" East, 344.29 feet along the south line of said 665.8778 acre tract, being common with the north line of said 255.6 acre tract to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") marking the POINT OF BEGINNING of the herein described 11.013 acre tract; THENCE, North 18°12'19" East, 261.57 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer; THENCE, North 11 °50'44" East, 2536.76 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for corner; THENCE, North 69059'23" East, 205.78 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer; THENCE, South 12°0731" West, 2700.59 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for comer, THENCE, South 77052'29" East, 62.06 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for corner; THENCE, South 11019'52" West, 88.75 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying") for corner in the south line of the aforementioned 665.8778 acre tract, being common with the aforementioned 255.6 acre tract, from said iron rod a found 1/2 -inch iron rod (with cap) bears North 77018'04" East, 2087.34 feet; AV Wlndmse Land Services, Inc e r 3628 Wmfthaao ,rr \ Hous(on, reRaa 77012 phone 1713) 438.2281 Fair (713) 4611151 ProfesS/Onat Development Consultants Land Surveying, platdng, project Management, GIS Serviees DESCRIPTION 2.6912 ACRES OR 117,231 SQUARE FEET LIEN RELEASE TRACT M A TRACT OR PARCEL CONTAINING 2.6912 ACRES OR 117,231 SQUARE FEET OF LAND, BEING OUT OF A CALLED 665.8778 ACRE TRACT OF LAND TO AMERIPORT, LLC AS RECORDED UNDER VOLUME (08) 1053, PAGE 709 OF THE CHAMBERS COUNTY DEED RECORDS, SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, DESCRIBED AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 1983; COMMENCING AT A CAPPED 5/8" IRON ROD STAMPED "COTTON SURVEYING" FOUND ON TETE COMMON LINE OF SAID 665.8778 ACRES AND A TRACT OF LAND TO BAYER MATERIALSCIENCE LLC AS RECORDED UNDER VOLUME (88) 43, PAGE 506, VOLUME (01) 526, PAGE 358, VOLUME (01) 526, PAGE 367, VOLUME (03) 699, PAGE 1, VOLUME (04) 716, PAGE 741, AND VOLUME (08) 1029, PAGE 336 OF THE CHAMBERS COUNTY DEED RECORDS, FROM WHICH THE SOUTHWEST CORNER OF SAID 665.8778 ACRES BEARS SOUTH 77 DEGREES 18 MINUTES 04 SECONDS WEST, 622.82 FEET; THENCE NORTH 11 DEGREES 19 M24U TES 52 SECONDS EAST, DEPARTING SAID COMMON LINE, A DISTANCE OF 88.74 FEET TO THE SOUTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 77 DEGREES 52 MINUTES 29 SECONDS WEST, A DISTANCE OF 62.06 FEET TO THE SOUTHWEST' CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 12 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 2700.59 FEET TO TIB: NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 69 DEGREES 59 MINUTES 21 SECONDS EAST, A DISTANCE OF 18.32 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 03 DEGREES 22 MINUTES 57 SECONDS, A RADIUS OF 175.00 FEET, AN ARC LENGTH OF 10.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 71 DEGREES 40 MINUTES 52 SECONDS EAST, 10.33 FEET TO THE NORTHEAST CORNER OF THE HEREIN DF SCR®ED TRACT; THENCE SOUTH l l DEGREES 19 MINUTES 52 SECONDS WEST, A DISTANCE OF 2715.83 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.6912 ACRES OR 117,231 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 46137-REGE7G3-20110118, PRODUCED BY WIIDROSE LAND SERVICES, INC. KURKOWSKI RP.LS. NO. Sim STATE OF TEXAS 01-19-I1 DATE SKMT3 OF 5 Y Wmjmu%46137•Ddb CoaWWC* OmupWl5-Wut4 vett sod Anodalu, LM14411114411-SURVEYM14111-Meta & Doun"6131. REI.TR•ULDOC Wlndrose Land Services, Inc Howftmi6 I = 170042 Phone fT13) 458.7781 FIT 913) 41614151 Professlonal Development Consultants X Lend Surveying, Platting, Project MlnagerrrenL GIS Services THENCE NORTH 12 DEGREES 19 MINUTES 24 SECONDS WEST, WITH SAID COMMON LOVE, A DISTANCE OF 55.60 FEET TO 71M NORTHWEST CORNER OF THE HEREIN DESCRIBEDTRACT; THENCE NORTH 69 DEGREES 59 MINUTES 21 SECONDS EAST, DEPARTING SAID COMMON LINE, A DISTANCE OF 47492 FEET TO A NORTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 12 DEGREES 39 MINUTES 02 SECONDS EAST, A DISTANCE OF 55.50 FEET TO AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRAGI; THENCE NORTH 69 DEGREES 59 MINUTTFBS 21 SECONDS FAST, A DISTANCE OF 1054.20 FEET TO THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 11 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF 2536.76 FEET TO AN ANGLE POINT; THENCE SOUTH 18 DEGREES 11 MIMTTES 19 SECONDS WEST, A DISTANCE OF 261.57 FEET TO THE PLACE OF BEODR41NO AND CONTAINING 20.2598 ACRES OR 882,518 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 46137 -RE -EJB-20110118, PRODUCED BY WINDROSE LAND SERVICES, INC. f MM KURKOWSKI R.PLS. No. 5101 STATE OF TEXAS 01-19-11 DATE SHEETS OF 5 Y:1NcimnN6137-Deka Compsuia at&VkglS.Wud, Geh and AaocWe% L%14411114411 SURVEYING114411-Macs A BomidsN6137. RI X-TR-IV.DOC 1 Land 20.2598 ACRES OR LIEN RE' Ll A TRACT OR PARCEL CONTAINING 20.: BEING OUT OF A CALLED 665.8778 A( RECORDED UNDER VOLUME (08) 1053, RECORDS, SITUATED IN THF. R.A. POP COUN'T'Y, TEXAS, DESCRIBED AS FOLLG STATE PLANE COORDINATE SYSTEM, SC COMMENCING AT A CAPPED 518" RION R( THE COMMON LINE OF SAID 665.8778 MATERIALSCIENCE LLC AS RECORDED L 526, PAGE 358, VOLUME (01) 526, PAGE 30 PAGE 741, AND VOLUME (08) 1029, PAGE 3'. FROM WHICH THE SOUTHWEST CORNL DEGREES 18 MINUTES 04 SECONDS WEST. 'I'11LNCE SOUTH 77 DEGREES 18 MINUTES A DISTANCE OF 278.60 FEET TO THE MOST OF BEGINNING OF THE HEREIN DESCRIBE] THENCE SOUTH 77 DEGREES 18 MINUTE,' COMMON LINE, A DISTANCE OF 271.56 1 CORNER OF THE HEREIN DESCRIBED TRAI THENCE NORTH 11 DEGREES 50 MINUTES LINE, A DISTANCE OF 2708.74 FEET TO AN TRACT; TIiENCE SOU'T'H 69 DEGREE'S 59 MI1V(1TES TO AN ANGLE POINT; THENCE SOUTH 37 DEGREES 10 MINUT TO AN ANGLE POINT; THENCE SOUTH 70 DEGREES 08 MINUTE TO AN INTERIOR CORNER OF THE HERm THENCE SOUTH 12 DEGREES 19 MINUTE. TO A SOUTHEASTERLY CORNER OF THE I THENCE SOUTH 77 DEGREES 40 MINUTE TO A SOUTHWESTERLY CORNER OF THE THENCE NORTH 12 DEGREES 19 MINUTE TO AN INTERIOR CORNER OF TRE HMUM THENCE SOUTH 77 DEGREES 40 MINUTII TO A SOU'T'HWESTERLY CORNER OF THE THENCE NORTI1 12 DEGREES 19 MINUTE' TO AN INTERIOR CORN IR OF THE HERE THENCE SOUTH 69 DEGREES 59 MINUET TO A WESTERLY CORNER OF THE BE COMMON LINE OF SAID 665.8778 ACRES SOUIHEM PACIFIC COMPANY AS REC CHAMBERS COUNTY DEED RECORDS; Y.Tatem%46137 wta Compmdm Windnose Land Services, Inc 3628 Wostchaso Houston, Texas 77842 phone (713) 456-2281 Fax (713) 481-1151 >fesi oval Development Consultants PfatBng, Project Management, GIS Services 71ON 2011 8K VOL P(3 i18 SQUARE FEET A4320 OR 1 ?` 6 336 TRACT IV ACRES OR 882,518 SQUARE FEET OF LAND, TRACT OF LAND TO AMERIPORT, LLC AS GE 709 OF T11B CHAMBERS COUNTY DEED SURVEY, ABSTRACT NO. 205, CHAMBERS WITH ALL BEARINGS BASED ON THE TEXAS I CENTRAL ZONE, NAD 1983; SIAMPED "COTTON SURVEYING" FOUND ON -RFS AND A TRACI' OF LAND TO BAYER TER VOLUME (88) 43, PAGE 506, VOLUME (01) VOLUME (03) 699, PAGE 1, VOLUME (04) 716, OF THE CHAMBERS COUNTY DEED RECORDS, OF SAID 665.8778 ACRES BEARS SOUTH 77 2.82 FEET; 14 SECONDS WES1% WITH SAID COMMON TJNE, SOUTHERLY SOUTHEAST CORNER AND PLACE � TRACT; 04 SECONDS WEST, CONTINUING WITH SAID :Er TO THE MOST SOUTHERLY SOU•IIIWEST 56 S13CONDS EAST, DEPARTING SAID COMMON TNTERIOR CORNER OF THE HEREIN DESCRIBED SECONDS WEST. A DISTANCE OF 918.00 FEET 03 SECONDS WEST, A DISTANCE OF 48.19 FEET 45 SECONDS WEST, A DISTANCE OF 85.07 FEIiI' DESCRIBED17RACT; 24 SECONDS vAS T, A DISTANCE OF 863.61 FEET EREIN DESCRIBED TRAGI l 36 SECONDS WEST, A DISTANCE OF 7.37 FEET WMIN DESCRIBED TRACT; 24 SECONDS WEST, A DISTANCE OF 60.62 FEET DESCRIBED TRACT; 36 SECONDS WEST, A DISTANCE OF 73.85 FEET WREIN DIISCRIBED TRACY; 24 SF.CONDS WEST, A DISTANCE OF 84327 PEST' DESCRIBED TRACT; 16 SECONDS WEST, A DISTANCE OF 7052 FER T IN DESCRIBED TRACT, SAME BEING ON TM - ND A CALLED 21.65 ACRE TRACT OF IAND TO tDFU UNDER VOLUME 278, PAGE 464 OF THE or Ick LP114411%14411•SUP.VEyjNCh14411 A4dwc&UoweB414137- r , AK o I� Windrose Land Services, Inc 3620 Wasichose Houston, Texas 77042 Phone (713) 456-2261 Fax (713) 461-1181 Professional Development Consultants Land S4 rrveying, PlaHlog, Project Managemen4 GIS Services f. THENCE NOW113 12 DEGREES 19 MINUTES 24 SECONDS WEST, WTTH SAID COMMON LTDIE, W `, A DISTANCE OF 55.60 FF.FT TO THE NU 111WEST CORNER OF THE HEREIN DESCRIBED .-., 0 TRACT; STATE OF TOMS 4 r'l COLI?M OF CHAM3ERS c. r•a v THENCE NORT H 69 DEORTES 59 MINUTES 21 SECONDS EAST, DEPARTING SAID COMMON I Bat Ins"W LINE, A DISTANCE. OF 474.92 FEET TO A NORTH CORNER OF THE HEREIN DESCRIBED dllo and At to RECORDEDirI TI{ACI'; "VOM and p&V a W4 OFTCIAL PIA IC RECOROt1 of THENCE SOUTH 12 DEGREES 39 MINUTE 02 SECONDS EAST, A DISTANCE OF 5550 FEET by ma an AhR 15 1011 TO AN INTERIOR CORNER OF THE IIEREIN DESCRIBED TRACT; THENCE NORTH 69 DEGREES 59 MINUTES 21 SECONDS EAST, A DISTANCE OF 1054.20 FEET AL, TO TIIE MOST EASTERLY NORTHEAST CO RNER OF TIIE HEREIN DESCRIBED TRACT; THENCE SOUTH 11 DEGREES 50 44 SECONDS WEST, A DISTANCE OF 2536.76 FEET TO AN ANGLE POINT; THENCE SOUTH 18 DEGREES 12 U94WBS 19 SECONDS WES T, A DISTANCE OF 261.57 FEET TO IHE PLACE OF BEGINNING AND CON3 AR41NG 20.2598 ACRES OR 882,518 SQUARE. FEET OF LAND, AS SHOWN ON JOB NO. 4613 -REL-MCB-20110118, PRODUCED BY WINDROSE LAND SERVICES, INC. OF F gP e�Tf MIKE K 9�wsyj Mi KURKOWM DATE R.P.L.S. NO. 5101 1 5101 .. STATE OF TEXAS Y.\PrgIwts"6137-Ddm Qmpani. Group\915-Ward. •TR 501-•5 Wes. LM1441 I\14411-SURVEYINiMI4411-Mam a Bouods146137- FILED FOR RECORD IN: Chambers County ON: MAR 151 2011 AT 11:23A AS A(H) Public Record5 Heather H. Hauthorner COUNTY CLERA CLERK NUMBER 643301 PAGES 16 STATE OF TOMS COLI?M OF CHAM3ERS AMOUNT: 76.1101 L WATMER R HAWINORIIE. hersbq C4* I Bat Ins"W waw FIIEO In N mm�bor N uenm an th t raampedneroonbyma.uwwu do dllo and At to RECORDEDirI RECEIPT HUMER 11259947 "VOM and p&V a W4 OFTCIAL PIA IC RECOROt1 of CtwTbmCarol.Taxes asOWV*Jtar on by ma an AhR 15 1011 BY YDEGRAFF STATE OF TEXAS Chambers (ount- J"Ajj 15r 21.111 AL, AS STAMPED HEREON BY ME. MAR COUNTY CLERK CKAWk CAS COUNTY TEAS Heather H th ne I CO NT ' Y, Recor d: ------- ------ ------ Y.\PrgIwts"6137-Ddm Qmpani. Group\915-Ward. •TR 501-•5 Wes. LM1441 I\14411-SURVEYINiMI4411-Mam a Bouods146137- EXHIBIT A LEGAL DESCRIPTION DESCOTION OF 44.4321. ACRES .OR 1144;1.75 SQ, -FT, .A'rkACt OR PARCEL CON'TAUNING 441,O1 ACR8 OR 1,744,175 SQUARE FEET -OF LAND SITUATED IN THE 61,11-100 SURVEY, ABSTgAtr'No. 4Mj.dHAWEOS. "6U9TY,Tk4 BEING THE REMAINDER'Of,,A CALLED 46,3013 ACRE -TRACT CONVEY151) TO; RAIL LWIX AMEMPOV, LLQ IN TRAY CERTAW WARRANTY D"Vb FILED FOR RECORCD 111; CHAMBERS Q0091 CLERKS; KE' (C.C.C.Fj: NO. 9.0524 AN(Y. BEING MORE PARTJQU4X' RLY DESCRIBED 9Y 'A AND.B-OUNDSFOLLOWS, WITH ALL aEARINGS- BASED' ON THE' T8XAS STATE PLANE` C0ORDI ATE SYSiEm, ZTH CENTRAL ZONE- NAD844 bEdiNKING AT A POINT ON TREAST LINE OF A CALLED 255.60 ACRE TRACT, CONVEYED TO SAYER (03)69%PCi. i, VOL. (04)716,PG, 141, Di' L, MARKING, T E- NO WE�.J' CORNER OFA CALLED 4.1 �53-'ACRE TRACT, AND� VOL- (08). 1029; PO.- 3a6 6, .0,Di' CONVEYED TO BAYEIZ, MTER(AbCIERM- ttgfk� WAkRA'NTV'D0. FII.�Q 'T. . FOR RE -CORD. IN. --VOL, 113) 1464, P.Q. 497C.Q.Q.]Z.,FOR HE -SOUTHWEST COkNEROF'TB8HEREIN 'b.tSCRIAED-IRAP.'T; THENCE, NOkTH. 1'2 DEG, 48,'MIN, 13 -SEC. WEST -ALONG AND WITH THE EASTERLY LINE OFSAlb 855.60 kRIi ToAbf, A blSfAN'Ct CSP 3398:24 To A'-;.;�*h6 -5j8:INc Hl. IRON:ROS STAMPED, "WINDROSE LAND'SERVIC81' FOUN(JI'lMARRING THE tOUTKWE& * CORNER OF A- -,cAU*ED90.92 -ACRE TRACT 'cyr LAND CON-VEYED- TO CHAMBERS COUNTY IMPROV"EMENT, DIVIRICT NO, 2 INt'HAMBEReCO'UNTY CLEW FILE NO..00103189, IFOR THE NORTHWEST CORNER-OF"I'l'It.11ERVIN DES.CRIBEWRACM, TRENOM691H �71)EGJ7-,MIN 54 -SEC' VAST, &ONO -AND WITH THE SOUTfIERLY LINE-OF,'SAIOO.-.8K2A.CRE'tP�Act, -A bigtANCEOP'td0..24rEEtT"9:'A""'O _' QAP 0-5/4,11`19R IRON ROS'STAMPED "WINDROSE LAND OVIM'40UND WARkiNG; .114L'SOUTH9-Ast&bONEP-6F'.,S'Alt d:899�,AtkETRA,CTARD AN INTERIOR•00* RRER'. OF 7HEEEWN D8CRIBEOTI?AtT,`. THENCU, N.ORTF( 01 DEG. 40 MIN. 8$ -SEC.. EASf, ALONG AND WITH' THE EMT LINE OF -SAID 0.8992ACRE'TRAQT, A QJSTAN,CE OF FEET TOA CAPPED -5/0 INCLA IROR ROS' STAMPED "WINDROSE LAND SERVICES" FOUND MARKIG ff& NORTHEAST. CORNER AND A NORTH FR1,Y'QQRNEW..'0F; THE HEREIN DISCRI[lb TRACT; THIE'NC4, NORTH- 1Y IJE0, 18 MJN;'Q.4 �E.Qi EA$T; * 1319ANGE'QF 107'.-3'1 FEET TO A CAPPED.& STAMPtW'Wim`DR68tL'M) " _lC 'TMA61NO I . I . -6 INCH! IRON Ros A 'tERY ; EV h, K. . TIIF:NQRTREAST 0D.RNR OF:Tt,-IE HEREIN QESCIRBED;TRAct THENCe, -SQUTHI-5 DVG.,.05,MIN, 05- SEC, EAST, AWNG" ANO Wltk T04 P.'A�T LINE, OF SAID 46= ACRE TRACY, A DISTANCE OF 98-.5.4 FLET TQ A, CAP -PED 5/8 IN -CH. IRON 901),STAMP�D. 1' W.- ilqbROSS LAND SERVICES" RVICES" FQVkIQ MARKING AN ANGLE POINT, MgKe,- SOPM 19 DF& -28 MIN"'33 SEC. WL -A DISTANCE OF 963110 FEET TO A CAPPED 518 INCH IRON 90D STAMPED "'WlNORWE LAND SERVIC- E'9'1' S'Ft 0 " T P N THE NOR H,W OF A CALLED 5J989 ACRE TRACT CONVEYED TO AMERIPORTBUILDING -8i ftC IN'THAtCt6I_N.WAR'kAI4,YDEED FILED FOR RECORD UNDER C,C.C.F. NO. O(JI16110, MARKING.AN --ANGLE POINT; THENCE, ALONG AND WITH THENORTHW AND DISTANCE$' , , . ESTERV LINE OFUID 5.1989 ACklE TRACT, ii -it FOLLOWING SN'(d) COURSES SOUTH 92. t)EGi 4,' 4N, 32!tk:. WEST, A bl$fy,N,a or 46,63 FEET TO A POINT -OF CURVATURE TO THE LEFT! Exhibit A- I 521!23 000001 19077690.1 ............ ... ....... 2. WfiH SAID CVRVE`TO'TKE L - IEFT. LAVING A-RADIUS-oF 81,00'FEET, A CENTRAL ANGLE OF I IS DEG. 66 MIN. 10 SEC., AN ARC LENGTH 6.F I 6JJ*2'F ANIS A CHORD BEARING -AND DISTANCE OF SOUTH 26 DEG. 44.Mlt4, . FRET; D 27 SEC. WEST, 18'6'.84 PEET TO A POIN.,T-WCOMPOOND CURVATURE; 3. WITH- MICOCIJRYE TO THE LEFT, HAVING APADIUS OF,64665 FEETiA CENTRAL-AiNGLE OF' Ii 'DEG; -1-6 MIN. 40. -SCC,, AN ARG LENGTH OF 127.68 'FEET; A '9 .A P CHOR0 MARINO ANO. DISTANCE -OF SOUTH'e6 DO". 513 C,'EMT, 'I 27A7 FEET TO'A- QARP.ED!4/8I(4CH IR01q. ROD-STAMPED'W1NOROSE LAN6400 5liv. r6UMID MARKIW[P-A Q P I . .01TAN NOVI 4. }SOUTH, 41 DEG. -31 MIN, 18' SE(,. i5A-lgr, A 0JSTMCE, O� 10'5,2? EEF TO, A 9�APPEDSM INCH IRON ROD STAMP150'WINDROSE BAND SEWI&E5P*Stf MARKING. A. P_OWT614 CUk-VATURE)' 5. 'WITH A. qWRVE T.0'TFIF , LEFT, HAVING A MOWS OF 100,00 FEET, A -CENTRAL ANGLE' OF 12 'DEG. 4$ -'MIN%, 10 �S.E,Q.-, IS'( ARC, LENGTH OF 22,20 'FEET, ANDA CHORD BEARING AND DISTANCE OF SOUTH 4b bt.'G :51MIIM S3 S -T, Fkt TO A ' DA ' F?KD4/8..INC- H. IRAN ROD STAMPED.'.WINOROSE LAND SERVICES" SET MARKING A PqINT* OF TANGEN,Q.Y;. 6. SOUTH 56 DEO, 14 -MIK 28,8iic. -EAST, A _15IVANZ bbf 45.43 FEET A- PdIT ON THE: FA -ACRE TRACT, MARKING,.AN bES'tmBEb,-TR � ST L lNEOF Al .46.3013 THENCE, SQUTH 15 PEG; 28, MIN. 30 SVC. EA�.T, A- Dj.$T4NCIT OF 20.4-76 FEET TO A CAPP-ED 6/8 INC- W- IR014 ROILSWAPE[� 'WN61409i"LANIJ $150 -VICES" F0'UNQ ON THE, NORTHERLY -LINE OF SAID 4.1553 ACRE. lRACT, ANARK(NdTHE MARKINO A �00THWfERLY"G.10�4k OTHL-Heklo. WSCRtBqDJRACT, THENCE, SOUTH 77' DEG. 21 'MIN: 47 SEC. W-ESYALONG AND WITH THE IqORTHEI_Y LILAC- OP tAID-4,1563 ACRE TkAQI,.A DISTANCE -.0f 467-.47fE510 THE POINT OF. 99GINNING, ANDCONTAIMNG'44.02.'1 ACFI3S OR ll,`I44,176�SQUARIE FEET OF LANA; 'A5.4jQ-WN�QN.J0Q!'N0- 4607 -RAIL I,QGIXAOU , " _TN,RJ,,, PREPARED 6y. w INDPROSE LAND, SERy.flbb$,'. Exhibit A-2 521623 000001 19077690 1