Loading...
CC Resolution No. 2553RESOLUTION NO. 2553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 369.706 ACRES OUT OF THE CHRISTIAN SMITH LEAGUE, ABSTRACT 22, AND THE THOMAS SHEPHERD SURVEY, ABSTRACT 229, CHAMBERS COUNTY, TEXAS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************* WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in a municipal utility district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and Chapter 54 of the Texas Water Code; and WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for its written consent to the annexation by Chambers County Improvement District No. 1, hereinafter referred to as the "District," of 369.706 acres of land, more or less, located within the extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof; and WHEREAS, the City Council of the City is in support of the proposed annexation of the 369.706 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein; and WHEREAS, the District, which has requested the City Council's consent, has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City's granting its consent for the annexation of property into the District has agreed, and by the acceptance of the benefits of this resolution, does hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 369.706 acres of land located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The land to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." Section 2: That the City's consent to the inclusion of the Land in the District is expressly contingent upon the following: a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will have a duplicate original of this resolution approved and ratified in writing by the governing body and officers of the District and will deliver or cause to be delivered such ratification to the City Attorney of the City. b. Bonds to be Issued for Specific Purposes Only. Bonds may be issued by the District only for the purposes specified in Chapter 566, Acts of the 73`d Legislature (the "Act") or for refunding outstanding bonds. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any date subsequent to the 10th anniversary of the date of issuance without premium or earlier. The bonds, with the exception of refunding bonds, shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95% of par; provided, however, the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the Dail Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors, officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, flush valves, valves, pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the territory of the District shall comply with the City's standard plans and specifications. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities, the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on -the -ground inspections at any time. As further definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable 0) standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. f. Employment of Operator. The District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty (30) days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though the level of rates may vary. j. Treated Water and Sewer Services. The District intends to and shall enter into a contract with the City of Baytown for the purchase of treated water services. Pursuant to this Agreement, the District will agree that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. Additionally, the District shall not construct sewage treatment plant facilities without the prior approval of the City Council of the City. Nothing contained herein shall be construed as to require the City to provide sanitary sewer services to the District. Section 3: In consideration of the City giving its consent for the inclusion of 369.706 acres in the District, the petitioners agree that the following additional conditions and terms will apply to the land within the District after its creation: Annexation at Any Time. At any time, the City may annex that portion of the District within its extraterritorial jurisdiction pursuant to the Act. 3 Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this 13th day of December, 2018. BRANDON CAPETILLO, Mayor ATTEST: LETICIA BRYSCH, City APPROVED AS TO FORM: ACIO RAMIREZ, SR., ley Attorney .COBFSO1\Legal\Karen\Files•.City Council\Resolutions\2018\December 13.CCD#lAnnexation369.706Acres.doc 4 PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND The undersigned majority of the Board of Directors of Chambers County Improvement District No. 1, hereinafter called "District," an improvement district heretofore existing under the terns and provisions of Article XVI of the Constitution of the State of Texas and operating under Chapters 49 and 54, Texas Water Code, as amended, and created by Senate Bill 1326, Chapter 566, Acts of 73rd Leg., Regular Session, 1993, and the undersigned landowners joining in this petition desire to obtain the written consent of the City of Baytown, hereinafter called "City," for the addition to the District of land in the total amount of 369.706 acres, more or less, located in Chambers County, Texas, and which is within the City's extraterritorial jurisdiction in accordance with Section 54.016, Texas Water Code, which lands are described in Exhibit "A" attached hereto and made a part hereof. Said Section 54.016 provides in part that no municipal utility district operating under Chapter 54, Texas Water Code, may add land within the area of the extraterritorial jurisdiction of any city without the written consent of the city; and the governing body of such city is given ninety (90) days to refuse or grant permission for the addition of land to the district, and said governing body is permitted an additional 120 days' time within which to mutually agree with the landowners and officers of the district concerning the addition to the District of land within the city's extraterritorial jurisdiction. The undersigned directors deem it beneficial to the District for the City of Baytown's personnel to review, study and approve the District's plans and specifications for the installation and construction of water, sewer and drainage facilities, and also deem it beneficial to the District that the lands described in Exhibit "A" be added to the District. There are lienholders on the above-described land, and the lienholders have consented and to this petition. 94095-002 Now, therefore, being in all things fully advised, for and in consideration of the premises and the timely written consent of the City of Baytown for the addition of an area of land to this District as aforesaid, and in consideration of the benefits derived by said District from the City of Baytown's engineering assistance in the review, study and approval of the District's utility installation plans and specifications, as will be evidenced by the passage of a resolution and the acceptance of this. The general nature of the work proposed to be done in the land to be included in the District is construction of improvements authorized by Senate Bill 1326, Chapter 566, Acts of 73`d Leg., Regular Session, 1993, and extension of water, sanitary sewer and drainage facilities. The work proposed to be done on the land to be included in the District is necessary to provide utility service to the development proposed to be annexed into the District. Wherefore, the District respectfully prays that this petition be granted in all respects and that the City of Baytown give its written consent to the addition of the aforesaid land to said District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 94095-002 ATTEST: Dated this day of % , 2013. CHAMBERS COUNTY IMPROVEMENT DIST) ICT NO. 1 Presides , 4U)4W 1 Gm)>`i5r d rf uyQ APK 94095-002 Presiderit I r ),) �- L` �-j1-1Vi-- Director leo ber--t Director prove yO o� tea►, � =�' 94095-002 Presiderit I r ),) �- L` �-j1-1Vi-- Director leo ber--t Director STATE OF TEXAS COUNTY OF CHAMBERS § This instrument was by (Al ,- /I i anif F G before me on _ o , 2018, the directors of Chambers County Improvement District No. 1, by and on behalf of said utility district. [I o"TERESA WYATT Notazy Public, STATE TEXAS .%Notary Public, State of Texas Comm. Expires 07-18-2021 Notary ID 4747609 94095-002 CONSENT OF LANDOWNER, CP CHAMBERS LAND DEVELOPMENT, LLC TO PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 The undersigned is the landowner of all land described in Exhibit "Tract A" to be added to Chambers County Improvement District No. 1 ("District"). There is a lienholder on the land to be added to the District. The undersigned landowner and lienholder have each consented and hereby join in this petition to the City of Baytown for addition of land into Chambers County Improvement District No. 1. CP CHAMBERS LAND DEVELOPMENT, LLC, a Texas limi ability com y By. Title: l &,Vw • G(r�SiY� 1 Printed Name: ��►t;e �� ck�, ; , V ru FfPS T THE STATE OF TEXAS 9 COUNTY OF § This instrument was acknowledged before me on uvolyl O 2018, by 44. i d --r- a0Z. i , the V s of CP CHAMBERS LAND DEVELOPMENT, LLC, a Texas limited liability company, by and on its behalf. `,�%1f TERESA WYATT p Pp�i'1 °' �Gy n ;Notary Public, State of Texas Comm. Expires 07-18-2021 Note ID 4747508 Notary Public, State o EXAS n,„� 94095-002 404470vl LIENHOLDER'S CONSENT TO PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 International Bank of Commerce, as lienholder on the land described in Exhibit "Tract A" herein, hereby consents to the Petition to the City of Baytown of CP Chambers Land Development, LLC, for addition of land to Chambers County Improvement District No. 1, situated in Chambers County, Texas (the "District"), and hereby consents that the land described in Exhibit "Tract A" and owned by CP CHAMBERS LAND DEVELOPMENT, LLC be added to and become part of said Dist i t. �y Dated this cam' I , 2018. INTERNATIONAL BANK OF COMMERCE By: 4 Crai Bunk, Executive Vice President Mailing Address: 5615 Kirby Dr. Houston, Texas 77005 STATE OF TEXAS § COUNTY OF HARRIS § 4.1 '1, f , , , This it st ment as acknowledged before me o , 2018, by , the of International BAnk of Commerce, by and on its behalf. Nicole m 61af►Cheite Notary public State of Texas ?y ply Comm. Exp. 5/8/21 Notary ID 12527793-0 94095-002 404470vl -4jly& 19tk4w& Lary Public, Statte ifTEXAS CONSENT OF LANDOWNER, TGS CEDAR PORT PARTNERS, L.P. TO PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 The undersigned is the landowner of all land described in Exhibit "A" to be added to Chambers County Improvement District No. 1 ("District"). There is a lienholder on the land to be added to the District. The undersigned landowner and lienholder have each consented and hereby join in this petition to the City of Baytown for addition of land into Chambers County Improvement District No. 1. TGS CEDAR PORT PARTNERS, L.P., a Texas limited narDy6r's►Qf / /1 By: Tit e: %%Uinl Printed Name: alr. QM - 7; liiCP RC51 Lk THE STATE OF TEXAS § COUNTY OF 14-)q K IF 15 § This instrument was acknowledged before me on 6 2018, by llq'l i l ,T d / -5;,' i , the vi -C -e ros of TGS CEDAR PORT PARTNERS, L.P., a Texas limited partnership, by and on its behalf. ..�nrru�,, TERESA WYATT Notary Public, State of T S i� =o:•,':Notery Public, State of Texas may, Comm. Expires 07-18-2021 n�� Notafy ID 4747509 94095-002 LIENHOLDER'S CONSENT TO PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. I International Bank of Commerce, as lienholder on the land described in Exhibit "A" herein, hereby consents to the Petition to the City of Baytown of TGS Cedar Port Partners. L.P., for addition of land to Chambers County Improvement District No. 1, situated in Chambers County, Texas (the "District"), and hereby consents that the land described in Exhibit "A" and owned by TGS Cedar Port Pa 1ers, L.P. be added to and become part of said District. Dated this .2018. INTERNATIONAL BANK OF COMMERCE By: K—IKI- CraijBunk, Executive Vice President Mailing Address: 5615 Kirby Drive Houston, Texas 77005 STATE OF TEXAS - § CO 7NTY OF its instrument was acknowledged before me p' 2018, by , the of International Bak Jf Commerce, by and on its behalf. Nicole M Blanchette j� o��rvue�, Notary F'tbAc N tary Public, State of TEXAS Slate of Te • COMM. Exp. 5!8!21 Of `*y Notary 1D 12527793-0 94095-002 404471 v i silsrlarj sl8 M slooly 311dUy K "�� 7,3ioyl40ST to �aua ��{, rs 1e . 9%612 { � .tfTl}900 viv 'r ., �'•TtAr. a S silsrlarj sl8 M slooly 311dUy K "�� 7,3ioyl40ST to �aua ��{, rs 1e . 9%612 { � .tfTl}900 viv 'r ., �'•TtAr. a Exhibit "A" (Description of 10.000 acres owned by CP Chambers Land Development LLC) 94095-002 EXHIBIT'W' Legal Description FIELD NOTES of a 10.0000 acre tract of land situated in.the Thomas Shepherd Survey, Abstract 229, Chambefs County, Texas. Said 10.0000 acres being all of that same land conveyed by Gulf Industrial Products, inc. to Flomin Inc. by Deed dated January 1, 2012 and recorded in Volume 1311 at Page 132 of the Official Public Records of Chambers County, Texas. This 10.0000 acres is more particLlarly described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998961. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 2 inch Iron pipe fouifd In the East right-of-way line of F. M. Highway 1405 (300 feet wide right-of-way) in the North line of that certain 105:202 acres conveyed by Fleda Schilling, it al, to Houston Lighting & Power Company by Deed dated May 7, 1966 and recoided in Volume 276 at Page 469 of the Deed Records of Chambdrs County, Texas and subsequently conveyed by Reliant Energy, Incorporated to Texas GenCorp Holdings, inc. by Deed dated August 31, 2002 and recorded in Volume 575 at Page 835 of the Official Public Records of Chambers County, Texas. Said point being the Southwest comer of that certain 260.4611 acres (Tract 2) surveyed this date. Said 260.4611 acres being that same land called 260.4704 acres (Tract 1) conveyed by Kerley Properties, Inc. to SPCM Inc. by Deed dated February 16, 2005 and recorded in Volume 826 at Page 549 of the Official Public Records of Chambers County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value of Y=13,843,144.16 and X=3,269,790.80. Said point being in a curve to the left, concave Westerly. THENCE: Along and around said curve to the left, in a Northerly directloh, along the East right-of-way line of said F. .M. Highway 1405 and the (Nest line of 'said 260.4611 acre tract, said curve having a radius of 5970.37 feet, an overall central angle of 29°08'28° and an overall long chord bearing and distance of North 13030'140 East 3003.95 feet; for. an arc length of 1388.55 feet to a'/ inch iron rod, with cap (BHA), set in said arc. Said point has a State Plane Coordinate Value of Y=13,844,433.83 and X=3,270,296.51. THENCE: North 77033'41° East for a distance of 780.07 feet to a Yz inch iron rod, with cap (BHA), set for an Interior comer of said 260.4611 acre tract. Said point being the Northwest comer and POINT OF BEGINNING of this tract and has a State Plane Coordinate Value of Y=13,844,601.83 and X=3,271,058.20. THENCE: South 12°26'19° East along an interior line of said 260.4611 acre tract and the West line of this tract for a distance of 500.00 feet to a'A inch iron rod, with cap (BHA), set for the Southwest comer of this tract and an interior comer of said 260.4611 acres. Said point has a State Plane Coordinate Value of Y=13,844,113.62 and X=3,271,165.88. THENCE: North 77°3341° East along an Interior line of said 260.4611 acre tract and the South line of this tract for a distance of 871.20 feet to a % Inch iron rod found for an interior comer of said 260.4611 acres and the Southeast comer of this tract. Said point has a State Plane Coordinate Value of Y=13,844,301.25 and X=3,272,016.54. THENCE: North 12026'192 West along an interior line of said 260.4611 acre tract and the East line of this tract for a distance of 500.00 feet to a % inch iron rod found for an interior comer of said 260.4611 acres and the Northeast comer of this tract. Said point has a State Plane Coordinate Value of Y=13,844,789.46 and X=3,271,908.86. THENCE: South 7703341" West along an interior line of said 260.4611 acre tract and the North line of this tract for a . distance of 871.20 feet to the PLACE OF BEGINNING and containing within these boundaries 10.0000 acres of land. NOTE: This Company does not represent that the above acreage or square footage calculations are correct. Exhibit "A" (Description of 260.4611 acres owned by TGS Cedar Port Partners, L.P.) 94095.002 EXHIBIT "N' Legal Description FIELD NOTES of a 260.4611 acre tract of land situated in the Christian Smith League, Abstract 22 and the Thomas' Shepherd Survey, Abstract 229, both in Chambers County, Texas. Said 260.4611 acres being all of that same land called 260.4704 acres (Tract 1) conveyed by Kerley Properties, Inc. to SPCM Inc. by Deed dated February 16, 2005 and recorded in Volume 826 at Page 549 of the Official Public Records of Chambers County, Texas. This 260.4611 acres is more particularly described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998961. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THiS METES AND BOUNDS DESCRIPTION. BEGINNING at a 2 Inch iron pipe found in the East right-of-way line of F. M. Highway 1405 (300 feet wide right-of-way) in the North line of that certain 105.202 acres conveyed by Fleda Schilling, at al, -to Houston Lighting & Power Company by Deed dated May 7, 1966 and recorded in Volume -276 at Page 469 of the Deed Records of Chambers County, Texas and subsequently conveyed by Reliant Energy, Incorporated to Texas GenCorp Holdings, Inc. by Deed dated August 31, 2002 and recorded In Volume 575 at Page 835 of the Official Public Records of Chambers County, Texas. Said point being the Southwest comer and POINT OF BEGINNING of this tract and has a State Plane Coordinate Value of Y=13,843,144.16' and X=3,269,790.80. Said point being in a curve to the left, concave Westerly. THENCE:' Along and around said curve to the left, in a Northerly direction, along the East right-of-way line of said F. M. Highway 1405 and the West line of this tract, said curve having a radius of 5970.37 feet, an overall central angle of 29008'28" and an overall long chord bearing and distance of North 13°30'14" East 3003.95 feet; for an arc length of 1388.55 feet to a Yz Inch iron rod, with cap (BHA), set in said are. Said point has a State Plane Coordinate Value of Y=13,844,433.83 and X=3,270,296.51. THENCE: North 7703341" East for a distance of 780.07 feet to a Y2 Inch iron rod, with cap (BHA), set for the Northwest comer of a 10.0000 acre tract surveyeO this date and an Interior comer of this tract. Said 10.0000 acres being that same land con4eyed by Gulf industrial Products, Inc. to Flomin Inc. by Deed dated January 1, 2012 arid recorded in Volume 1311 at Page 132 of the Official Public Records of Chambers County, Texas. Said point has a State Plane Coordinate Value of Y=13,844,601.83 and X=3,271,058.20. THENCE: South 12"26'19" East along an Interior line of this tract and the West line of said 10.0000 acres for a distance of 500.00 feet to a Y2 inch iron rod, with cap (BHA), set for the Southwest comer of said 10.0000 acres and an interior comer of this tract. Said point has a State Plane Coordinate Value of Y=13;844,113.62 and X=3,271,165.88. THENCE: North 7703341" East along an Interior line of this tract and the South line of said 10.0000 acres for a distance of 871.20 feet to a Y2 inch iron rod found for an Interior comer of this tract and the Southeast comer of said 10.0000 acres. Said point has a State Plane Coordinate Value of Y=13,844,301.25 and X=3,272,016.54. THENCE: North 12"26'19" West along an Interior line of this tract and the East line of said 10.0000 acres for a distance of 500.00 feet to a'/Z Inch iron rod found for an interior comer of this tract and the Northeast comer of said 10.0000 acres. Said point has a State Plane Coordinate Value of Y=13,844,789.46 and X=3,271,908.86. THENCE: South 77033'41" West along an interior line of this tract and the North line of said 10.0000 acres for a distance of 871.20 feet to said %Z inch iron rod, with cap (BHA), set for the Northwest comer of said 10.0000 acres and an Interior comer of this tract. THENCE: Continue South 77033'41" West for a distance of 780.07 feet to said % inch iron rod, with cap (BHA), set in the West line of this tract and the East right-of-way line of said F. M. Highway 1405 In arc of said curve mentioned above. THENCE: Continue along and around said curve to the left, In a Northerly direction, along the West line of this tract and the East right-of-way line of said F. M. Highway 1405, for an arc length of 1648.03 feet to a Y2 inch Iron rod, with cap (BHA), set in the North line of said Shepherd Survey and the South line of the G. L. Short Survey, Abstract 228, Chambers County, Texas, for the Northwest comer of this tract and the Southwest comer of that certain 0.9678 of an acre (Tract E) described in Deed from Maxine W. Clark, at al, to Mobay Corporation recorded In Volume 43 at Page 506 of the Official Public Records of Chambers County, Texas; now in the name of Covestro, LLC. Said point has a State Plane Coordinate Value of Y=13,846,064.76 and X=3,270,492.17. Lega( Description THENCE: North 77021'51" East along the North line of this tract, the North line -of said Shepherd Survey, the South line of said Short Survey, the South line of said 0.9678 of an acre, the South line of that certain 50 feet wide strip conveyed by Stella Baumert, at al, to the Texas & New Orleans Railroad Company by Deed dated October 13, 1956 and recorded In Volume 181 at Page 485 of the Deed Records of Chambers County, Texas and the North line of that certain 50 feet wide strip conveyed by Annie Schilling, at al, to the Texas & New Orleans Railroad Company by Deed dated October 9, 1956 and recorded In Volume 181 at Page 489 of the Deed Records of Chambers County, Texas; said Railroad right-of-way subsequently conveyed to Southern Pacific Transportation Company in Volume 233 at Page 332, Deed Records of Chambers County, Texas and subsequently conveyed to Union Pacific Railroad Company as per Merger recorded in. Volume 450 at Page 169, Official Public Records of Chambers County, Texas; the South line of that certain 255.60 acres conveyed by Reinette N. Seaman, at al, to Bayer Corporation by Deed dated November 13, 2001 and recorded in Volume 526 at Page 358 of the Official Public Records of Chambers County, Texas (now in the name of Covestro, LLC) and the South line of that certain 665.8778 acres conveyed by Johnnie Glenn Jennings, Jr. to Amedport, LLC by Deed dated June 30, 2008 and recorded in Volume 1053 at Page 704 of the Official Public Records of Chambers County, Texas; and at 161.91 feet pass a Ya Inch iron rod, with cap (BHA), found for the Southeast comer of said 50 feet wide strip first above-mentioned and the Northeast comer of said 50 feet wide strip last above-mentloned; at 3197.09 feet pass a Ya Inch Iron rod, with cap (BHA), found for the Southeast comer of said 255.60 acres and the.Southwest comer of said 665.8778 acnes; in all, a total distance of 3815.31 feet to a % inch iron rod, with cap (BHA), set in the West right-of-way line of the C.I.W.A. canal for the Northeast comer of this tract, the Southeast comer of said 665.8778 acres and the Northwest comer of tfiat certain 14.6146 acres (called 14.60 acres - Parcel "B") conveyed by W. Everett W. DuPuy, at al, to Coastal Industrial Water Authority by Deed dated July 22, 1969 and recorded in Volume 309 at Page 163 of the Deed Records of Chambers County, Texas and by Fleda M. Schilling to Coastal Industrial Water Authority by Deed dated -July 28, 1969 and recorded in Volume 309 at Page 311 of the Deed Records of Chambers County, Texas. Said point has a State Plane Coordinate Value of Y=13,846,899.29 and X=3,274,214.69. THENCE: South 02010'42" West along the East line of this tract and the West line of said 14.6148 acres and at 184.12 feet pass a %: inch iron rod, with cap (BHA), set for the Northwest comer of that certain 0.0908 of an acre (Tract 4) surveyed this date (said 0.0908 of an acre being that same land called 0.09 of an acre Private Access Road and Right to Build a Bridge reserved by Grantor In the above-mentioned Volume 309, Page 1'63); at 206.12 feet pass a % Inch iron rod, with cap (BHA), set for the Southwest comer of said 0.0908 of an acre; in all, a total distance of 1959.88 feet to a 5/8 Inch iron rod, with cap "G.S ", found for an angle point In said line. Said point has a State Plane Coordinate Value of Y=13,844,941.02 and X=3,274,140.20. THENCE: South 12022'29" West along the East line of this tract and the West line of said 14.6148 acres for a distance of 339.90 feet to a 5/8 inch iron rod, with cap "G.S °, found for an angle point In said line. Said point has a State Plane Coordinate Value of Y=13,844,609.05 and X=3,274,067.37. THENCE: South 08019'25" East along the East line of this tract and the West line of said 14.6148 acres for a distance of 329.80 feet to a 5/8 Inch iron rod, with cap "G.S ", found for an angle point in said line. Said point has a State Plane Coordinate Value of Y--13,844,282.76 and X=3,274,115.10. THENCE: South 02010'31" West along the East line of this tract and the West line of said 14.6148 acres for a distance of 475.37 feet to a Y2 Inch iron rod found for an angle point in said line. 3ald point has a State Plane Coordinate Value of Y=13,843,807.78 and X=3,274,097.06. THENCE: South 87057144" East along the East line of this tract and the West line of said 14.6148 acres for a distance of 19.66 feet to a'/Z inch iron rod found for an angle point in said line. Said point has a State Plane Coordinate Value of Y=13,843,807.08 and X=3,274,116.71. THENCE: South 02"08'29" West along the East line of this tract and the West line of said 14.6148 acres for a distance of 333.23 feet to a Y2 Inch iron rod found In the North line of said 105.202 acres for the Southeast corner of this tract and the Southwest comer of said 14.6148 acres. Said point has a State Plane Coordinate Value of Y=13,843,474.12 and X=3,274,104.26.- THENCE: =3,274,104.26:THENCE: South 73021'31" West along the South line of this tract and the North line of said 105.202 acres for a distance. of 590.66 feet to a'/z Inch iron rod, with cap (BHA), set for an angle point in said line. Said point has a State Plane Coordinate Value of Y=13,843,304.98 and X=3,273,538.40. EXHIBIT dope' Legal Description THENCE: North 83036'13° West along the South line of this tract and the North line of said 105.202 acres for a distance of 1981.35 feet to a 2 inch iron pipe found in the centerline of a creek for an angle point in said line. Said point has a State Plane Coordinate Value of Y=13,843,525.70 and X=3,271,569.59. THENCE: South 77°53'37° West along the South line of this tract and the North line of said 105.202 acres and at 1061.23 feet cross the West line of said Shepherd Survey and the East line of said Smith League; In -all, a total distance of 1819.44 feet to the PLACE OF BEGINNING and containing within these boundaries 260.4611 acres of land; of which 8.8974 acres is in the Christian Smith League and 248.4529 acres is in the Thomas Shepherd Survey; of said 248.4529 acres, 3.1108 acres Iles within the limits of said Railroad. NOTE: This Company does not represent that the above acreage or square footage calculations are correct. Exhibit " ' (Description of 99.2449 acres owned by TGS Cedar Port Partners, L.P.) 94095 -OM EXHIBIT "�►" Legal Description FIELD NOTES of'a 99.2449 acre tract of land situated In the Thomas Shepherd Survey, Abstract 229, Chambers County, ' Texas. Said 99.2449 acres being all of that same land called 99.305 acres (Tract 2) conveyed by Kerley Properties, Inc. to SPCM Inc. by Deed dated February 16', 2005 and recorded in Volume 826 at Page 549 of the Official Public Records of Chambers County, Texas. This 99.2449 acres is more particularly described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE -ACTUAL DISTANCES. SCALE FACTOR = 0.9998961. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.' BEGINNING at a'/a Inch iron rod, with cap (BHA), set in the North line of the Shepherd Survey and the South line of the G. L. Short Survey, Abstract 228, at the Southwest'comer of that certain 105.0859 acres conveyed by Rosemary S. Creeoh, at al, to The Creech Family Trust by Deed dated December 19; 2012 and recorded in Volume 1383 at Page 354 of the Official Public Records of (3hambefs County, Texas. Said point being In the East line of the C.I.W.A. canal at the Northeast comer of that certain 14.6148 acres (called 14.60 acres — Parcel "B") conveyed by W. Everett W. Dupuy, at al,.to Coastal Industrial Water Authority by Deed dated July 22, 1969 and recorded in Volume 309 at Page 163 of the Deed Records, of Chambers County, Texas and by Fleda M. Schilling to Coastal Industrial Water Authority by Deed dated July 28, 1969 and recorded In Volume 309 at Page 311 of the Deed Records of Chambers County, Texas. Said point being the Northwest comer and POINT OF BEGINNING of this tract and has a State Plane Coordinates Value of Y=13,846,939.97 and )(=3;274,396.19; from which a'/a inch Iron pipe (found) bears North 56015'44" East 2.45 feet. THENCE: North 77021'51" East along the North line of this tract, the North line of said Shepherd Survey, the South line of said 105.0859 acres and the South line of said Short Survey for a distance of 896.10 feet to a 2 inch Iron -pipe found for the Northeast comer of this tract, the Northeast comer of said Shepherd Survey, the Northwest comer of the residue of that certain 80.271 acres (Tract 5) conveyed by The Johnnie G. Jennings Non -Exempt Marital Trust to J Jennings Investments,, LP by Deed dated January 1, 2006 and recorded in Volume 952 at Page 646 of the Official Public Records of Chambers County, Texas and the Northwest comer of the Chambers County School Land Survey, Abstract 321, Chambers County, Texds. Said point has a State Plane Coordinate Value of Y=13,847,135.98 and X=3,275,270.49. THENCE: South 12'59'12" East along the East line of this tract, the East line of said Shephbrd Survey, the West line of said residue of said 80.271 acres, the West line of said Chambers County School Land Survey, the West line of that certain 6.9374 acres conveyed by Donatiod Deed from J Jennings Investments, L.P. to Coftnty of Chambers, Texas by Deed dated December 22, 2010 and recorded in Volume 1244 at Page 695 of the Official Public Records of Chambers ' County, Texas and the West line of that certain 61.3529 acres conveyed by Rosemary S. Creech, at al, to The Creech Family Trust by Deed dated December 19, 2012 and recorded in Volume 1383 at Page 354 of the Official Public Records of Chambers County, Texas and at 1431.69 feet pass a'/ Inch Iron pipe found 2.4 feet East of said line at the South line of said 80.271 acres and the North line of said 61.3529 acres; In all, a total distance of 3181.24 feet to a'/a inch iron pipe found for the Northeast comer of that certain 105.202 acres conveyed by Fleda Schilling, at at, to Houston Lighting $ Power Company by Deed dated May 7, 1966 and recorded In Volume 276 at Page 469 of the Deed'Records of Chambers County, Texas and subsequently conveyed by Reliant Energy, Incorporated to Texas GenCorp Holdings, Inc. by Deed dated August 31, 2002 and recorded In Volume 575 at Page 835 of the Official Public Records of Chambers County, Texas. Said•point being the Southeast comer of this tract and the Southwest'comer of said 61:3529 acres and has a State Plane Coordinate Value of Y=13,844,036.39 and X=3,275,985.39. THENCE: South 7302131" West along the South line of this tract and the North line of said 105.202 acres for a distance of 1685.94 feet to a % Inch Iron rod, with cap (BHA), set for the Southeast comer of said 14.6148 acres and the Southwest .comer of this tract. Said point has a State Plane Coordinate Value of Y=13,843,553.62 and X=3,274,370.23; from which a 518 Inch Iron rod (found) bears North 00023'23' East 4.42 feet. THENCE: North 42049'16" West along the West line of this tract and the East line of said, 14.6148 acres for a distance of 145.37 feet to a %a inch Iron rod, with cap (BHA), set for an angle point in said line. Bald point has a State Plane Coordinate *Value of Y=13,843,660.24 and X=3,274,271.43. THENCE: North 02010'42" East along the West line of this tract and the East line of said 14.6148 acres and at a distance of 3028.75 feet pass a'/a inch iron rod, with cap (BHA), set for the Southeast comer of that certain 0.0908 of an acre (Tract 4) surveyed this date (said 0.0908 of an acre being that same land called 0.09 of an acre Private Access Road and Right to Build a Bridge reserved by Grantor in the above-mentioned Volume 309, Page 163); at 3050.75 feet pass a % inch iron rod, with cap (BHA), set for the Northeast comer of said 0.0908 of an acre; In all, a total distance of 3282.45 feet to the PLACE OF BEGINNING and containing within these boundaries 99.2449 acres of land. NOTE: -This Company does not represent that the above acreage or square footage calculations are correct.