Ordinance No. 14,199ORDINANCE NO. 14,199
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 AMERIPORT BUILDING 1, LLC; 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 Ameriport Building 1, LLC. A copy of said Industrial
District Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents
and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 26th day of September, 2019.
ANDON CAPETILLO, Ma36
A T-
T" ETICIA BRYSCH, City-Cferk
APPROVED AS TO FORM:
NACIO RAMIREZ, SRtVty Attorney
0
R:1KarenTileslCity Council Ordinances\2019 September 26 IDAwithAmeriportBuilding I LLC.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 Ameriport Building 1, LLC, a
Delaware 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:
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:
I . 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"
Ameriport Building 1, 1. LC
3330 S. Sam Houston Pkwy E
Houston, TX 77047
Tax Statement Address:
Ameriport Building 1, LLC
3330 S. Sam Houston Pkwy E
Houston, TX 77047
H.
Identification of Property and hidustrial
Dictrirt
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 (tile "industrial District").
III.
Term
The teen of this Agreement is seven tax years, from 2019 through 2025, unless it is
sooner terminated under the provisions liereof. 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 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 Pa3�nent
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 31st 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:
i
2019
$ 8,959,005.00
2020
$ 8,959,005.00
2021
$ 8,959,005.00
2022
$ 8,959,005.00
2023
$ 8,959,005.00
2024
$ 8,959,005.00
2025
$ 8,959,005.00
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
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 tern of this Agreement, the
Property Owner shall file a written infonnation 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.
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 amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the term of this Agreement (including,
in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of
such provisions would require the assessment of the Property Owner's property on an equal
and uniform basis with property in the general corporate limits of the City, the provisions of
this Agreement will control where in conflict with the provisions of such laws and (ii) the
income method of appraisal as described in Section 23.012 of the Texas Property Tax Code
shall not be limited to only properties for which a rental market exists. Specifically, nothing
contained herein shall limit the income method of appraisal specified in Section 23.012 of the
Texas Property Tax Code to only properties for which a rental market exists, instead if such
method is used, the chief appraiser shall:
I . use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in detennining 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 detennination 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.
Adiustnient of Base Value for Property Inside the Co► orate 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 tern 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 detennined 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
5
Agreement. Any amounts due on December 31 that are not paid when due shall become
delinquent on January I 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 refimd 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 ref nd request by the Property Owner; if not paid
timely, the refimd 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 fonnal 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
sun-ounding 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. Tile 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
6
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 pen -nits 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.
Vlll.
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 terns 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
7
ongoing negotiations with tWeral 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 filly
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 f irtlier obligations hereunder, but the Property Owner shall not be relieved of the
obligation to pay any amounts that accrued prior to such termination. hi 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 tenminate (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 Ilinits 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 tern 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.
s
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 incur•ed 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.
XI1I.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said patties may petition any Civil District Court of
Harris County, Texas, for a Declaratory Judgment detennining 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, Han -is 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.
9
XV.
Authority
Tile 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 refonnation or revision of any tern
that removes or materially diminishes the obligation of the Property Owner to make the
payments to the City described herein (except in the event of a refonnation that shortens the
tern of this Agreement), the City shall have the option to declare this Agreement terminated.
Will.
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.
XX 11.
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 terns and conditions of this Agreement.
IN WITNESS WHEREOF, this Agr ement is executed in multiple counterparts on behalf
of the Property Owner this � day of �- T, 2019 and on behalf
of the City this__ day of _ , 2019.
AMERIPORT BUILDING I, LLC
B y. WN04won-�-a
w.PrintedVarne
Title
STATE OF §
§
COUNTY OF §
Before me, I �\ , the undersi fined notary 1 ublic,
on this day personally appeared ,the
of AMERIPORT BUILDING 1, LLC, Ithe owner of tilt affected property, known td me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me this c ay of I - "-- , 2019.
=t►"Y °�e� JENNIFER EVE CHAPA
Notary ID #131740990
My Commission Expires
Fo<<� September 27, 2022
ATTEST:
LETICIA BRYSCH, City Clerk
F4
(4&Pu&blif(U�nandfor the Stalbot'Texas
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
WADE NICKERSON, Finance Director
R:IKaren\FileslContrac(sllndustriat District Agreements Amenpon Building I%Existing Company IDA -- Logistics.docx
13
Exhibit "A"
2010 BK VOL PG
58938 OR 1219 4U8
A' W/ndroso Land Selvidea,140
3628 WwWhoso
i r Houston, Texas TT042
k' Plrono (713) 451-=" Fair (T V 4614161
ti. Professional Development Consuftents
Land Surveying, Platting, Pigjwt Msnegoment and G IS Services
DESCRIPTION
11.2600 ACRES OR 490,486 SQUARE FEET
A TRACT OR PARCEL CONTAINING 11.2600 ACRES OR 490,486 SQUARE FEET OF LAND, SITUATED IN
THE RA. PORTER, SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, BEING A PORTION
OF THAT CERTAIN CALLED 665.8778 ACRn TRACT CONVEYED TO AMERIPORT, LLC IN THAT
SPECIAL WARRANTY DEED PILED FOR RECORD UNDER VOL. (08) 1D53, PG. 709 OF THE OFFICIAL.
PUBLIC RECORDS OF CHAMBERS COUNTY, WITH SAID 112600 ACRE TRACT BEING) MORE
PARTCULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT ON THE CALLED OSTENSIBLE SURVBY LING BETWEEN THE R.L.
PORTER SURVEY, ABSTRACT NO.205 AND THE O.L. SHORT SURVEY, ABSTRACT NO.228, MARKING
THE MOST WESTERLY SOUTHWEST CORNER OF SAID 663.8778 ACRE TRACT. SAME BEING THE
SOUTHEAST CORNER OF A CALLED 21.65 ACRE TRACT CONBYED TO SOUTHERN PACIFIC
COMPANY IN VOL. 278, PG. 464 OF THE CHAMBERS COUNTY DEED RECORDS, THE
NORTHEASTERLY CORNER OF A CALLED
7.162 ACRE TRACT CONVEYED TO UNION PACIFIC RAILROAD COMPANY IN VOL. (01) 499, PO. 575.
OPJLC.C, AND TILE MOST NORTI ERLY NORTHWEST CORNER OF A CALLED 235.60 ACRE TRACT
CONVEYED TO BAYER CORPORATION IN THAT CERTAIN WARRANTY DEED RECORDED IN VOL.
(01) 526, PO. 358.O.P.RC.C.;
THENCE NORTH 77 DEG. 18 MIN. 04 SEC. EAST, ALONG AND WITH A SOUTHERLY LINE OF SAID
665.8773 ACRE TRACT, SAME BEING THE NORTHERLY LINE OF SAID 255.60 ACRE TRACT, A
DISTANCE OF 1870.55 FEET TO AN ANGLE POINT;
THENCE NORTH 12 DEG. 41 MIN. 56 SEC. WEST, LEAVING SAID LINE, A DISTANCE OF 71.00 FEET TO
A CAPPED 518 INCH IRON ROD STAMPED "WDIDROSE LAND SERVICES" SET MARKING THE
SOUTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, -
THENCE NORTH 12 DEC 41 MIN 56 SEC WEST, A DISTANCE OF 300.53 FEET TO A CAPPED 5/8 INCH
IRON ROD STAMPED "WDNDROSE LAND SERVICES' SET MARKING A NORTHWSTERLY CORNER
AND BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
THENCE IN A NORTHERLY DIRECTION, A DISTANCE OF 5S28 FEET ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 772.60 FEET, SUBTENDING A CENTRAL ANGLE OF 04
DEG. 05 MIN. 57 SEC., AND HAVING A CHORD BEARING AND DISTANCE OF NORTH 16 DEG. 00 MIN.
47 SEC. EAST, 55.20 FLE71 TO A CAPPED 5/8 INCH IRON ROD STAMPED 'WINDROSE LAND SERVICES"
SET MARKING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 77 DEG. 18 MIN. 04 SEC. EAST, A DISTANCE OF 1050.94 FEET TO A CAPPED 519 INCH
IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE NORTTdEAST CORNER OF
THE HEREIN DESCRIBED I RACT;
THENCE SOUT H 23 090.54 & N. 40 SEC. EAST, A DISTANCE OF 347 03 FEET TO A CAPPED 5/8 INCH
IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING AN ANGLE POINT;
THENCE SOUTH 12 DEG. 41 MIN, 10 SEC. EAST, A DISTANCE OF 98.59 FEET TO A CAPPED 5/8 INCH
IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE SOUTHEAST CORNER OF
THE HEREIN DESCIU BED TRACT;
THENCE SOUTH 77 DEG. 18 MIN. 04 SEC, WEST, PARALLEL AND 71 FEET NORTHWESTERLY FROM
;HE SOUTHEASTRLY LING OF SAID 655.8778 ACRE TRACT, A DISTANCE OP 1144.94 FP_ET TO THE
PLACE OF BEGINNING AND CONTAINING 11,1600 ACRES OR 490,486 SQUARE FEET OF LAND. AS
SHOWN ON THE SURVEY, JOB N0. 46137WC-DELTA, FILED IN THE OFFICES OF WINDROSE LAND
SERVICES, INC.
O
TrE
Ia,Rx�giO ,
sM
C4 s 0226M I D
U OWSKI A'O su DATE
RP.I S. NO.5101
STATE OF TEXAS
SHEET I OF I
Y,Vmjemx6137•DduComp&nksrkv*315-WwtLGetz MdAmad" LP11411111N11-3URVEY0(MI44)1-mm A 8oue4sM6137WC-
bE1.T kom
Title Data, Inc. ST TDI22001 CH 2O10058938,006