Ordinance No. 14,207ORDINANCE NO. 14,207
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 NSN PROPERTIES, L.L.C.; 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 NSN Properties, 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.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 261h day of September, 2019.
_n RANDON CAPETILLO, ayor
ATTIC"t': �-.
LETICIA BRYSCH, CitWerk
o N
Y
r a
APPROVED AS TO FORM: v ,Q►��
NACIO RAMIREZ, SRPry Attorney
R: Karen`files.City Council Ordinances\2019 September 26 IDAwithNSNPropertiesLLC.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 NSN Properties, L.L.C., 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
Annotated §42.044 (Vernon 1993), article XI, §5 of the Tex&
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"
NSN Properties, L.L.C.
Attn: President
626 W. Alabama
Houston, TX 77006
Local Government Code
s Constitution and other
Tax Statement Address:
NSN Properties, L.L.C.
Attn: Property Tax Department
626 W. Alabama Houston,
TX 77006
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 2019 through 2025, 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 City
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 St 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:
Year
2019
Base Value
$4,891,682
2020
$4,891,682
2021
$4,891,682
2022
$4,891,682
2023
$4,891,682
2024
$4,891,682
2025
$4,891,682
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
PAYi47ENT
RATE
2019
.66
2020
.66
2021
.66
2022
.66
2023
.66
2024
.66
2025
.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
2019
.66
2020
.66
2021
.66
3
TAX YEAR.
YEARLY
PAYMENT
RATE
2022
.66
2023
.66
2024
.66
2025
.66
On or before February I" 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 I of each contract year.
V1.
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 arnounts 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 tern 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. detennine a capitalization rate for income -producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
4
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.
Adjustment 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 purposes of payment hereunder.
C.
Adjustment 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.
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 convected 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 anything 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 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
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.
XV.
Authority
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 (5)
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
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.
to
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 Agreement is executed in multiple counterparts on behalf
of the Property Owner thisojjL_ day of Sj'gA ev,% 6-e!c , 2019, and on behalf
of the City this day of , 2019.
NSN PROPERTIES, L.L.C.
By:
1�ab r; G.�i_
Printed Name
r'E C7
Title
STATE OF'rc A$ §
COUNTY OFG&jWS §
Before me, L, -eP , the undersigned notary public,
on this day personally appeared bq G . the S'Q
of NSN Properties, L.L.C., 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 thin day of 2019.
Ila k��I
ip�t{`''� •.: ERIN JEAN NAPIER
My Notary ID # 126W119 Notary Public in and tor the State of`t-
+,�= `. Expires March 28, 2020
ATTEST:
LETICIA BRYSCH, City Clerk
12
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
WADE NICKERSON, Finance Director
\\cobfs0l\lcgal\Karen\Files\Contracts\Industrial District AgmenentANSN Propenies\Existing Company IDA -- Logistics.docx
13
2a u a K
IN5 IE IN R9
EXHIBIT A
Description of Pmnodv
BEING A 11.568 ACRE (S03,897 SQ. FT.) TRACT OF LAND LYING IN THE. W.D.
SMITH SURVEY, ABSTRACT 23 CHAMBERS COUNTY, TEXAS, BEING OUT
OF A CALLED 81662 ACRE TRACT AND A CALK D 970.338 ACRE TRACT AS
RECORDED W VOLUME 456, PAGE 338 OF THE CHAMBERS COUNTY DEED
RECORDS, CHAMBERS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (ALL
BEARINGS BASED ON THE TEXAS STATE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE, ALL COORDINATES SHOWN ARE SURFACE);
COMMENCING AT AN INTERIOR CORNER OF A PARCEL OF LAND
IDENTIFIED AS THE POINT OF BEGINNING OF TRACT 3 PART 18 (CALLED
970.338 ACRES) IN A SURVEY PREPARED BY SURVCON INC. DATED
MARCH 2, 2003, SAID POINT BEING THE. SOUTHEAST CORNER OF A
331.1179 ACRE TRACT CALLED "MAIN MILL" AND RECORDED IN VOLUME
B. PAGE 136 OF THE PLAT RECORDS OF CHAMBERS COLNTY, SAID POINT
HAVING COORDINATES OF Y-13,821,504.3840, X-3,272,350.2053;
THENCE N 53011'06" E, 431.42 FEET TO A 5/8 INCH IRON ROD WITH CAP
(BURYI-PARTNERS) SET FOR THE SOUTH END OF A CURVE TO THE LEFT
HAVING A RADIUS OF 417.24 FEET, A CENTRAL ANGLE OF 30°57'35", AND
A CHORD BEARING AND DISTANCE OF N 48*48*17" E - 250.35 FEET, BEING
THE SOUTHWEST CORNER AldD POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF
225.46 FEET TO THE POINT OF COMPOUND CURVATURE WITH A CURVE
TO THE LEFT HAVING A RADIUS OF 407.11 FEET, A CENTRAL ANGLE OF
04*W03". AND A CHORD BEARING AND DISTANCE OF N 32047'06"F - 28.90
FEET;
THENCE ALONG THE ARC OF SAID CURVE, 28.90 FEET TO A 518 INCH ROD
WITH CAP (BURY+PARTNERS) SET FOR THE END OF SAID CURVE;
THENCE N 00°00'08" W, 588.38 FEET TO A AN ANGLE POINT IN 1'HH WEST
LINE OF THE HEREIN DESCRIBED TRACT;
THENCE N 00°14'55" W. 388.90 FEET TO AN "X" CUT IN CONCRETE SET FOR
THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
074sto s.nOC ExInbit A. Page 1
910/LOOM Xialo 6juno3 asactoo4a SOPOL99600 XVJ 99811 aam Z10L/1L/11
= IK Wt. P6
THENCE S 89°51'54" E, 218.06 FEET TO AN "X" CUT IN CONCRETE. SET IN
THE NORTH LINE OF A CONCRETE DRIVE FOR THE MOST WESTERLY
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S 00048'54" E. 34S.95 FEET TO A 5/8 INCH IRON ROD WITH CAP
(BURY+PARTNERS) SET FOR THE POINT OF CURVATURE OF A NON -
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 67.62 FEET. A
CENTRAL ANGLE, OF 59°3625", AND A CHORD REARING AND DISTANCE
OF N S2°14'40" E - 67.22 FEET, FOR AN INTERIOR CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF
70.35 FEET TO A 5/8 INCH IRON ROD WITH CAP (BURY+PARTNERS) FOR
THE POINT OF TANGENCY;
THENCE S 89°24'28" E, 235.56 FEET TO A 5/8 INCH IRON ROD WITH CAP
(BURY -PARTNERS) SET FOR THE MOST EASTERLY NORTHEAST CORNER
OF THE HERE IN DESCRIBED TRACT;
THENCE S 00°10'06" W. 834.04 FEET TO A 5/8 NCH IRON ROD WITH CAP
(BURY+PARTNERS) SET FOR THE SOUTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE S 89*5754" W, 695.90 FEET TO THE POINT OF BEGINNING AND
CONTAINING I L568 ACRES OF LAND MORE OR LESS.
SAVE AND EXCEPT 3[11E FOLLOWING TRACT:
BEING A 0.670 ACRE (29,193 SQ. FT.) TRACT OF LAND LYING IN THE W.U.
SMITH SURVEY, ABSTRACT 23 CHAMBERS COUNTY. TEXAS, BEING OUT
OF A CALLED 82.662 ACRE TRACT AND A CALLED 970.339 ACRE TRACT AS
RECORDED N VOLUME 456, PAGE 338 OF THE CHAMBERS COUNTY DEED
RECORDS, CHAMBERS COUNTY, TEXAS, OUT OF A 11.568 ACRE TRACT,
AND BEING MORE PARTICULARLY DESCRIBED BY MET0 AND BOUNDS
AS FOLLOWS (ALL BEARINGS BASED ON THE TEXAS STATE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE. ALL COORDINATES
SHOWN ARE SURFACE);
COMMENCING AT AN INTERIOR CORNER OF A PARCEL OF LAND
IDENTIFIED AS THE POINT OF BEGINNING OF TRACT 3 PART 18 (CALLED
970.338 ACRES) N A SURVEY PREPARED BY SURVCON INC. DATED
MARCH 2, 2003, SAID POINT BEING THE SOUTHEAST CORNER OF A
331.1178 ACRE TRACT CALLED "MAN MILL" AND RECORDED IN VOLUME
974510-4.000 L•xhibit A. Page 2
eT0/6000 42DID 6iunCO 92ogwQ43 S008L9ZG09 XYd 99lTI G2A ZtOZ/IZ/II
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B. PAGE 136 OF THE PLAT RECORDS OF CHAMBERS COUNTY, SAID POINT
HAVING COORDINATES OF Y-13,821.504.5840, Xa3,272.3S0.2053;
THENCE N S3°11'06" E. 431.42 FEET TO A 5/8 INCH IRON ROD WITH CAP
(BURY+PARTNERS) SET FOR THE SOUTHWEST CORNER OF THE SAID
11.568 ACRE TRACT;
THENCE N 89°STS4" E. ALONG THE SOUTH LINE OF SAID 11.568 ACRE
TRACT, 381.37 FEET TO A POINT BEING THE SOUTHWEST CORNER AND
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE N 0000714• W. 129.02 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE LEFT HAVING A RADIUS OF 67.88 FEET. A CENTRAL
ANGLE OF 7300973". AND A CHORD BEARING AND DISTANCE OF N
36031'l I" W - 90.90 FRET;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF
96.67 FEET TO THE END OF SAID CURVE;
THENCE S 8905614- W, 144.57 FEET TO A POINT LYING IN THE WEST
PROPERTY LINE OF SAID 11.568 ACRE TRACT, BEING TILE MOST
WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE N 00°00'08" W, ALONG THE WEST LINE OF SAID 11.568 ACRE
TRACT, 26.00 FEET TO A POINT FOR THE MOST WESTERLY NORTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE N 89°56'34" E, 144.53 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE LEFT HAVING A RADIUS OF 62.20 FEET, A CENTRAL
ANGLE OF 74-08-40", AND A CHORD BEARING AND DISTANCE OF N
39039'38" E - 74.99 FEET;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF
80A9 FEET TO THE END OF SAID CURVE;
THENCE N 00°07'14" W. S82.00 FEET TO A POINT FOR TILE MOST
NORTHERLY NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE N 88004'58' E. 29.18 FEET TO A POINT IN THE EAST PROPERTY
LINE OF SAID 11.5611 ACRE TRACT. FOR THE NORTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE S 00%V54' E, ALONGISAID EAST PROPERTY LINE, 65.25 FEET TO
THE POINT OF CURVATURE OF A NON -TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 67.62 FEET. A CENTRAL ANGLE OF 11 *31735". AND A
CHORD BEARING AND DISTANCE OF S 16036'55" W -13.73 FEET;
9usi0 4 noc Lidubtt A. Page 3
O10/6000 X3813 Riu"03 saagnwyo S09BL9Z609 xvd 91117t Gun LtOt/tZ/I1
1800b OR W 42
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, DEPARTING
SAID EAST PROPERTY LINE, A DISTANCE OF 13.75 FEET TO THE END OF
SAID CURVE;
THENCE S 0000714" E, 782.33 FEET TO A POINT LYING ON THE SOUTH
PROPERTY LINE OF SAID 11.568 ACRE TRACT, BEING THE SOUTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S 89057'54" W. ALONG SAID SOUTH PROPERTY LINE, 26.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 0.670 ACRES OF LAND
MORE OR LESS.
074S10_4.000 F.xbtbil A, Inge 4
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