Ordinance No. 9,0912001125 -1
ORDINANCE NO. 9091
® 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 HOME DEPOT U.S.A, INC., UPON RECEIPT OF PROOF OF HOME
DEPOT USA, INC.' S ACQUISITION OF THE 40 -ACRE TRACT OF LAND
DESCRIBED IN THE AGREEMENT; 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 Home Depot U.S.A, Inc.. upon receipt of a deed evidencing Home Depot's
ownership of the 40 -acre tract described in the Agreement. A copy of said Agreement is attached
hereto, marked Exhibit "A," and made a part hereof 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 25h day of January, 2001.
ATTEST: .
- - a-w4,
f(
GA W. MITH, City Clerk
eT&NACIO RAMIREZ, W., City Attorney
c:kIh2601Counci h0rdinances\HomeDepot.Ord
I,z, ( -
PETE C. ALFARO, Mayor
R Date /Time JAN- Z�- 2001(b10N} I l ; 38 P. M
JAN -22 -2001 10:46 HIRSCH $ WESTHEINER,P.C. P.04i17
INDUSTRIAL .DISTRICT AGREEMENT
BETWEEN
HOME DEPOT U.S.A., INC.
AND
CITY OF BAYTOWN, TEXAS
This 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," said HOME DEPOT U.S.A., INC., a Delaware corporation, with a permit
to engage in business in the State of Texas, hereinafter referred to as "Company."
WITNESSETH:
WHEREAS, Baytown has a history of cooperating with industries located within.and near
its city limits; and
WHEREAS, the City Council of the City of Baytown is of the considered opinion that
such cooperation results in economic growth and stability for Baytown and its adjacent areas;
and
WHEREAS, the Texas Legislature in 1.963 adopted the "Municipal Annexation Act,"
A.rticIe 970a, Revised Civil Statutes of Texas, (now TEX. LOC. GOVT CODE ANN_ § 42.044)
which provides for the creation of Industrial Districts within the extraterritorial jurisdiction of
cities; and
WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further
cooperation with industry and the economic enhancement of Baytown, the City of Baytown
enacted Ordinance No. 899, dated the 200 day of October, 1967, designating ,a part of its
extraterritorial jurisdiction as an Industrial District known as Baytown Industrial District No. 3;
and
WHEREAS, the City Council desires that all of the Company's warehouse and related
facilities, equipment and inventory (collectively, the "Chambers County Facility ") in the Home
Depot U.S.A., Inc. Cedar Crossing Wholesale Import Distribution Center be included in the
Baytown Industrial District No. 3; and further desires to enter into this contractual agreement
with the Company for this purpose; and
WHEREAS, the Company's Chambers County Facility includes both real and personal
property within the corporate limits or extraterritorial jurisdiction of the City used in the
Company's wholesale import distribution facilities, and includes any office facilities used in
direct support of these operations and either situated contiguous thereto or separated by public
roads; NOW THEREFORE,
In consideration of the promises and of the mutual covenants and agreements herein
® contained, it is agreed by and between the Company and the City of Baytown as follows.
2000943.2000943 /134670.01
Rx Date /Time AFV ?,- M1(K I I :H P- fly
JAN -22 -2001 10:47 HIRSCH & WESTHEIMER,P.C. P.05i17
1. The findings contained in the preamble hereof are declared to be true and correct
and are hereby adopted.
2. The City of Baytown hereby agrees that all of the land and improvements thereon.
owned, used, occupied, leased, rented or possessed by the Company within the
area designated as Baytown Industrial District No. 3 by Ordinance No. 899 and
amendments thereto shall continue its extraterritorial status as an Industrial
District and shall not be annexed by the City of Baytown nor shall the City
attempt to annex, or in any way cause or permit to be annexed any of such
property during the term of this Agreement, except for such .parts of Company's
property as is necessary to annex property owned by third parties within the
Industrial District that the City may decide to annex. However, the parties agree
to use good faith efforts to minimize the annexation of improved property. The
City further agrees, promises and guarantees that during the term of this
Agreement the City of Baytown shall not apply or purport to apply any ordinance,
rule or regulation to either the Industrial District area described in Appendix A or
certain portions of Company's Chambers County Facility which have been
annexed by the City of Baytown, which areas, both annexed and otherwise, are
jointly described in the map attached as Appendix B, except as relating to noise,
vibration, drainage or flood control, and pollution performance standards as
hereinafter provided. Specifically, but without limitation, the City agrees,
promises and guarantees that it will not extend to the Company's Chambers
County Facility, described by Appendix A any ordinance, rule or regulation (a)
governing plats and the subdivision of land; (b) prescribing any zoning, building,
electrical, plumbing or inspection code or codes; or (e) attempting to exercise in
any manner whatsoever control over the conduct of the Company's business
thereof. The Company shall not be required to obtain building permits for
construction of structures, other than those structures that enclose a space used for
sheltering any Group A, B, E, F, 1, M, R, and S occupancies, as defined in the
Southern Standard Building Code and that are located on the annexed property
within the area described by Appendix B, but the Company does agree that any
structure built within the area described by Appendix A shall be built in
accordance with the latest edition of the Southern Standard Building Code. The
City further agrees that during the term of this Agreement it will not levy or
purport to levy ad valorem taxes against any real or personal property owned,
used, occupied, leased, rented, or possessed by the Company within the Industrial
District.
3. It is further agreed that during the term of this Agreement the City of Baytown
shall not be required to furnish municipal services to the Company's Chambers
County Facility, which is located within the Industrial District or the annexed
areas noted in Appendix I3, ordinarily and customarily supplied by the City to
propeily owners within its boundaries, except as provided by mutual agreement.
Specifically, but without limitation, it is agreed that the City of Baytown 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.
r4
Rx Date /Time JAV-Z. -Nfl (MflN 11; H
JAN -22 -2001 10.47 HIRSCH $ WESTHEIMER,P.C.
P. 06/17
4. The Company and the City of Baytown recognize that during the next succeeding
seven years the City of Baytown will experience population growth as a result of
industrial expansion which will necessitate increased revenue to provide
expanded services and facilities. In view of this increased need for revenue
beginning in 2001, the Company agrees to pay the City of Baytown an Industrial
District payment on or before December 31" of each year during the term of this
Agreement beginning with a payment due by December 31, 2001, such payment
to be calculated on the basis of the below stated formula:
A. In applying the below stated formula, the following definitions shall
apply:
(1) Full Value Payment:
The fair market value as determined by the City, of all of the
Company's Chambers County Facility within the corporate limits
or extraterritorial jurisdiction of the City, but excluding Excluded
Inventory, as hereinafter defined, multiplied by the property tax
rate per $100.00 of assessed valuation adopted by the City Council
for the City of Baytown for financing the fiscal year in which such
December due date falls, and multiplied by the applicable
industrial payment rate as detailed below. The Excluded Inventory
shall mean all inventory that could be excluded from local taxation
pursuant to 19 U.S.C.A Section 81o(e), as it currently exists or as it
may hereafter be amended, regardless of whether the Chambers
County Facility is within a foreign trade zone, and shall also
include all other inventory in the Chambers County Facility if at
least 95% of all inventory in the Chambers County Facility would
qualify for such exclusion from local taxation.
� ��lol }r "Iy °l`lllul' -—
IN' ti� 'jrhllil���,dI�R��II�N��ilI!�,iV `1
4�
11
':
11
1
11'
1
/1
1
11.
/
11
1
(2) Tax Payment:
The amount paid by the Company to the City of Baytown as ad
valorem taxes on that portion of the Company's Chambers County
Facility within the City limits. The tax payment shall be based on
® the value determined by the Harris County Appraisal District or
such other appraisal district as may succeed the Harris County
Appraisal District in assessing property for the City.
3
R; Date /Time J�1N- Z�- Z001(�f4N� 11:38 P. H
JAN -22 -2001 10:47 HIRSCH & WESTHEIMER,P.C. P.07i17
(3) Industrial District Payment:
Amount paid by the Company in lieu of taxes pursuant to. this
Agreement, which amount shall not include the tax payment paid
by the Company.
B. The Company's Industrial District Payment shall be calculated each year
in the following manner using the above definitions: .
Full Value Payment
- Tax Payment
Industrial District Payment
C. The appraised value for tax purposes of the annexed portion of the
Company's Chambers County Facility, including, without limitation, the
land, improvements, and tangible personal property, other than the
Excluded Inventory, shall be determined by the Harris County Appraisal
District. The parties hereto recognize that said District is not required to
appraise the land, improvements, and tangible personal property in the
unannexed area for the purpose of computing the Industrial District
Payments hereunder. Therefore, the parties agree that to determine the fair
market value of all of the Company's Chambers County Facility in
accordance with the market value computation contemplated in the Texas
Property Tax Code for the purpose of calculating the Industrial District
payment in the manner described above, the City may choose to use an
appraisal of the Harris County Appraisal District, or an appraisal
conducted by the City of Baytown, and/or an independent appraiser of the
City's selection, and at the City's expense. This value shall be used in
determining the full value payment described above. Nothing contained
herein shall ever be construed as in derogation of the authority of the
Harris County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion for
ad valorem tax purposes.
D. It is agreed by the parties that the City has the power to and shall create an
Industrial District Review Board which shall carry out the duties
designated to it in this Agreement.
E. If any disagreement arises between the Company and Harris County
Appraisal District that results in a delay in the determination of
Company's Chambers County Facility's fair market value, the Company
shall pay to the City of Baytown 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 fair market value of the Company's Chambers
County Facility. Adjustments to this amount shall be made within thirty
(30) days of the resolution of the disagreement.
4
h Date /Time AN-Z ,)- Z00HMK 11:A
JAN -22 -2001 10:43 HIRSCH & WESTHEIMER,P.C.
P.ae /17
® 5. Furthermore, the City hereby agrees that for all new construction of the Company,
which is located within Industrial District No. 3 with value greater than $20
million or is otherwise qualified as provided herein, the industrial district payment
shall be calculated, subject to the limitations provided herein, as the fair market
value, as determined by the City of each new construction project multiplied by
the property tax rate per $100.00 of assessed valuation adopted by the City
Council of the City of Baytown for financing the fiscal year in which such
December due date falls, and multiplied by the applicable new construction
industrial district payment rate as detailed below. Such computation shall yield a
product which, for purposes of this Agreement, shall be referred to as the "never
construction industrial district payment."
1
2
0%
4
5
Such new construction industrial district payment rate shall apply only to
qualified, new construction and then only to the extent that the value of the
Company's Chambers County Facility located in Industrial District No. 3,
exclusive of such qualified, new construction, equals or exceeds the fair market
value of the Company's Chambers County Facility for the prior year. If,
however, in any year the market value of the Company's property is less than
such amount, then the value of the new construction shall be added to the market
value, and if such sum exceeds the value of the Company's Chambers County
Facility for the prior year, the value in excess of such amount shall be a factor in
computing the new construction industrial district payment.
This new construction industrial district payment shall first become effective as of
January 1, immediately following the date of the start of construction if such
construction qualifies as "new construction," as hereinafter defined, upon the
earlier of the final completion of the new construction or the expiration of two
years from the date of the notice of the start of construction. The City may allow,
in its sole discretion, an extension of time to the Company in the event of
unavoidable circumstances or a force majeure that causes a delay to the Company
in completing construction, but nothing contained herein shall obligate the City to
grant such an extension. For purposes of determining whether new construction is
qualified for the .new construction industrial district payment calculation, the City
shall verify that the fair market value of the new construction after the expiration
of two (2) years from the effective date of the new construction industrial district
5
h Date /Time JAN- 2 I IINP, 1-11 -- l
JAN -22 -2001 10:48 HIRSCH & WESTHEIMER,P.C.
x'. M
P. 09/17
® payment computation, equals-or exceeds 520 million dollars. However, if after the
two -year period, the fair market value of that new construction for which notice of
the start of construction is given within 90 days from the effective date hereof is
less than 520 million, the Company and the City agree that the new construction
industrial district payment will be calculated based upon a value of $20 million.
Otherwise, for all other new construction, if after the two -year period, the fair
market value of such new construction is less than S20 million, the difference
between the amount that would have been paid pursuant to the industrial district
payment calculation and the amount actually paid pursuant to the new
construction industrial district payment shall be recaptured by the City and shall
be paid within sixty (60) days after written notice of the non- qualification of the
new construction for the new construction industrial district payment computation
by the City or its designee to the Company. In no case shall the period to which
the new construction industrial district computation applies, inclusive of
construction and completion, extend beyond the term of this Agreement.
The term "new construction" as used in this paragraph shall mean permanent
buildings and structures, fixed machinery, fixed equipment and warehouse
racking, site improvements and that office space and related fixed improvements
necessary to the operation and administration of the Company, all of which
commence subsequent to the effective date of this Agreement and whose value
will exceed or otherwise be deemed to be $20 million as provided herein. "New
construction" shall not include land, inventories, supplies, tools, furnishings and
other forms of movable personal property, vehicles, vessels, aircraft, housing,
hotel accommodations, deferred maintenance investments, property to be rented
or leased, any improvements, including, but not limited to, those which produce,
store, or distribute natural gas, fluids, or gases which are not integral to the
operation of the facility, property that has an expected useful life of less than
fifteen. (15) years, or any property owned or used by the State of Texas or its
political subdivisions or any organization owned, operated or directed by a
political subdivision of the State of Texas.
Throughout the term of this Agreement, all new construction shall be valued
separately and included in the aforementioned industrial district payment only to
the extent that the value of the new construction is not subject to the new
construction industrial district payment computation.
In the event that the Company allows all or any part of its new construction
industrial district payment to become delinquent, this portion of the Agreement,
dealing specifically with new construction, shall be null and void; and all
payments previously reduced by virtue of this section (i.e., the difference between
the industrial district payment and the new construction industrial district
payment) shall be recaptured and paid within sixty (60) days of the delinquency
date.
Rx Date /Time AN- ?] -NWNK 11:A
JAN -22 -2001 10:49 HIRSCH & WESTHEIMER,P.C.
P.10 /17
® The Owner shall send written notice to the City of the date of the start of
construction on or before thirty (30) days after project approval by the Company;
provided, that if any project approval by the Company occurred prior to the
effective date of this Agreement in the year in which this contract is executed,
such notice shall be due on or before thirty (30) days after the execution of this
Agreement. And, provided further, that the currently approved Cedar Crossing
Wholesale Import Distribution Center is acknowledged to be a new construction
whose notice for the start of construction shall be due on or before thirty (30) days
from the commencement of the laying of the project foundation. Such notice
shall include a description of the project along with a verified statement of all
officer of the Company, who has the authority to bind the Company, that the
project qualifies as new construction as defined herein and should be subject to
the new construction industrial district payment. The Company agrees that the
failure to provide the City with this notice prior to the start of construction shall
constitute a waiver of any right or privilege to calculate the amount due to the
City based on the new construction industrial district payment rate and that such
new construction shall be factored into the full industrial district payment as
described in section 4 of this Agreement.
6. Determination of City and Industrial District fair market values, in the above
stated manner, shall be made by the City of Baytown and approved by the
Industrial District Review Board. Such final fair market value as approved by the
Industrial District Review Board shall be final and binding unless either party
within thirty (30) days after receipt of the Board's determination. petitions for a
Declaratory Judgment to the Civil District Court of Harris County, Texas, as
provided for by Section 7 hereof.
In determining the fair market value of property and improvements as used
herein, the Industrial District Review Board shall base its determination on the
fair market value as defined in Section 4(c) herein, giving due consideration to
comparable present day facilities, considering and giving effect to sound
engineering valuation practices relative to service life, life expectancy, process
and functional obsolescence.
7. 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 in which the
Plaintiff must establish by a preponderance of the evidence the_ correct
interpretation. Pending final determination of said controversy, the Company
shall pay to the City of Baytown 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 Company to the City, The Company agrees
to tender the 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.
8. All payments to the City of Baytown provided herein shall be made to the City at
the City Hall in Baytown, Texas. If any payment is not made on or before the due
7
h Date /Time AHI- MIOIHV Il;A
JAN -22 -2001 10:49 HIRSCH & WESTHEIMER,P.C.
P.11 /17
date, the same penalties, interest, attorneys' fees and costs of collection shall be
recoverable by the City as would be collectible in the case of delinquent ad
valorem taxes; provided, however, that this sentence shall not apply to any
payment which may be found to have been deficient as the result of proceedings
provided for in Section 5 hereof. The City shall have the right to file a lien upon
the Company's property during the pendency of any delinquency in an Industrial
District payment.
9. If any other municipality attempts to annex any land or property owned, used,
occupied, leased, rented, or possessed by the Company within the area designated
as Baytown Industrial District No. 3 or if the creation of any new municipality
should be attempted so as to include within its limits such land or property, the
City of Baytown shall upon the request and with the cooperation of the Company,
seek injunctive relief against any such annexation or incorporation, and shall take
such other legal steps as may be necessary or advisable under the circa nstances.
The cost of such legal steps, including attorneys' fees (other than the City
Attorney) retained by mutual agreement of the parties, shall be paid by the
Company. Should the City refuse or fail to comply with its obligations under this
paragraph, the Company shall have the right to seek such legal or equitable relief
as it deems necessary or advisable in its own name or in the name of the City and,
if necessary, the Company may join the City as a party to such legal action.
If the City and the Company are unsuccessful in preventing any such attempted
annexation or incorporation, the Company shall have the right to terminate this
Agreement as to any property so annexed or incorporated retroactive to the
effective date of such annexation or incorporation, or the Company may continue
this Agreement in full force and effect; provided, however, that the Company's
right to terminate this Agreement must be exercised within thirty (30) days after
judgment upholding such annexation or incorporation becomes final beyond
further appeal. If any payment is made by the Company to the City of Baytown
after the effective date of such annexation or incorporation and if the Company
elects to terminate this Agreement as above provided, then as to such property so
annexed or incorporated such payment shall be refunded by the City to the
Company.
10. The City of Baytown and the Company 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 Baytown Industrial District No. 3, and that development
within the District may have an impact on the drainage of surrounding areas. To
this end, the Company 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
Company's Chambers County Facility shall also be applicable to such facility
within the Industrial District. The Company further agrees to abide by the rules
and regulations and the permits issued to it by the Environmental Protection
Agency, the Texas Natural Resource Conservation Commission, the Texas Air
Control Board, and any other governmental agency having legal authority. in these
matters. In this connection, it is recognized between the parties that these agencies
8
R Av Date /Time (NK 11.38
JAN -22 -2001 10:50 HIRSCH & WESTHEIMER,P.C.
P.12 /17
are charged with the responsibility for enforcing air and water quality standards,
and it is agreed that so long as the Environmental Protection Agency, the Texas
Natural Resource Conservation Commission, the Texas Air Control Board, and
other related agencies are charged with such responsibility, nothing contained
herein shall be construed to impose upon the City of Baytown any responsibility,
authority or right, by termination of this Agreement or otherwise to enforce any
standards relative to air and water quality as are established by law, rule,
regulation or permit. It is also agreed that no violation of any standards or criteria
adopted by the City shall be a reason for termination of this Agreement.
11. This Agreement shall be for a term of seven (7) years from the date this
instrument is executed and for such additional period or periods of time as
provided by the Texas Municipal Annexation Act and mutually agreed upon the
parties hereto.
12. The benefits accruing to the Company under this Agreement shall also extend to
the Company's "affiliates" and to any properties owned or acquired by the
Company or said affiliates within the area encompassed by Industrial District No.
3, and where reference is made herein to land, property and improvements owned
by the Company, that shall also include land, property and improvements owned
by its affiliates. The "affiliates" as used herein shall mean all companies with
respect to which the Company directly or indirectly through one or more
intermediaries at the time in question, owns or has the power to exercise the
control over fifty (50 %) percent or more of the stock having the right to vote for
the election of directors.
13. It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed
by the parties and that, therefore, in addition to any action at law for damages
which either party may have, the Company may enjoin the enactment or
enforcement of any ordinance or charter amendment in violation of, or in conflict
with, the terms of this Agreement and may obtain such other equitable relief,
including specific performance of this Agreement, as is necessary to enforce its
rights. It is further agreed that should this Agreement be breached by the
Company, the City shall be entitled, in addition to any action at law for damages,
to obtain specific performance of this Agreement and such other equitable relief
necessary to enforce its rights. However, nothing contained herein shall be
construed to give the City any right to terminate this Agreement on the basis of
the Company's violation of any standard or criteria relative to air emissions, water
effluents, noise, vibration, or toxic levels, or drainage and flood control
established by any law, ordinance, rule, regulation or permit.
14. In the event the terms and conditions of this Agreement are rendered ineffective
or their effect changed by the Constitution, any Legislative changes, or any
interpretation of the Texas Property Tax Code by the State Tax Assessment
Board, both parties mutually agree that this Agreement shall be renegotiated to
accomplish the intent of this Agreement.
E
R; Date /Time J H ?,- M1(NflV 11;38 P. 013
JAN -22 -2001 10:50 HIRSCH & WESTHEIMER,P.C. P.13i17
15. This Agreement shall, not bestow any rights upon any third party, but rather, shall
bind and benefit the Company and the City only.
16. 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,
17. The Company shall not sell, assign, or transfer any of its rights or obligations
under this Agreement in whole or in part without prior written consent of the City;
provided, however, if the Company sells the Company's Chambers County
Facility in a sale and leaseback transaction, it may assign its rights and obligations
under this Agreement in connection therewith so long as (a) it also remains fully
liable hereunder and (b) the Company shall continue to operate the Chambers
County Facility for a warehouse distribution facility.
18. 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.
19. 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.
20. 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
parry he represents.
EXECUTED IN DUPLICATE ORIGINALS this the 1A day of January, 2001.
A EST:
SECRETARY
Deborah L. Greenberg
Assistant Sam"
v
HOME DEPOT U.S.A, INC.
By: I-P
Printed name: RMMU a SfEPRENs
Title: SENIOR CORPORATE COUNSEWFAI (VAIF
10
h Date /Time JAN- ? ? -MHNK 11:H
JAN -22 -2001 10:50 HIRSCH & WESTHEIMER,P.C.,.
•
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attomey
cv�lh2ssu. cQauonutomeDeva�teNudl +anenepam�c � 090 i
11
P.14 /17
h Date /Time JAHI -IM NK 11;38
JAN -22 -2001 10:50 HIRSCH & WESTHEIMER,P.C. P.15i17
APPENDIX A
RTES AND BOUNDS DESCRIPTION
OF 40.00 ACRES OF LAND
IN THE JOHN STEEL SURVEY, A - 227
CHAMBEM COUNTY, TEXAS
All that certain 40.00 acres of land, out of the 59.706 acre tract
described in the deed from C.A. Wilburn to United States Steel
Corporation, recorded under Volume 264, Page 461, in the Deed Records of
Chambers County, Texas, out of the 30.940 acre tract described in the
deed from L.B. Fisher, et ux to United States Steel Corporation, recorded
under Volume 284, Page 479, in the Deed Records of Chambers County,
Texas, out of the 17.280 acre tract described in the deed from Marjorie
W. Laughlin, et vir to United States Steel Corporation, recorded under
volume 283, Page 703, in the Deed Records of Chambers County, Texas, out
of the 279.128 acre tract, described as Tract 1 in the deed from Lislei
Doyle Wilburn, et al to United States Steel Corporation, recorded under
Volume 283, Page 186, in the Deed Records of Chambers County, Texas, and
out of the 15 acre tract described in the deed from Merle L. Wismer to
David T. Searls, Trustee, recorded under Volume 276, Page 539, in the
Deed Records of Chambers County, Texas, in the John Steel Survey, A -
227, Chambers County, Texas, and being more particularly described by
metes and bounds as follows: (All bearings based on the 15.4132 acre
tract described as Parcel No. 5, Part 1 in the deed from United States
Steel Corporation to State of Texas, recorded under Volume 351, Page 192,
in the Deed Records of Chambers County, Texas)
Commencing at concrete monument fo>~nd for..the Point of Curvature o£ a
curve to the left, having a central angle of 040 19' 58 ", and a radius of
3014.791, in the west right -of -way line of F.M. 1405 (300' right -of -way),
"fsoin,vt th a concrete monument found in said west right -of -way line bears
N 380 25' 06" E - 1449.87', and from which a concrete monument found in
said west right -of -way line bears N 38° 25' 06" E - 2449.251; Thence
along said curve to the left, along said west right -of -way Line, in a
southwesterly direction, an arc distance of 227.98' to a capped 3/4" iron
.rod set for the Point of Beginning and east corner of the herein
described tract, common to a point on a curve to the left, having a
central angle of 060 42' 19 ", a radios of 3014.791, and from which point
the center of the circle of said curve bears S 55° 54' 52" E;
THENCE along said curve to the left, along said west right -of -way line,
in a southwesterly direction, an arc distance of 352.82' to a capped 3/4"
iron rod set for the end of curve;
THENCE S 270 22' 48" W - 1413.55', continuing along said west right -of-
way line (right- of--way varies) , to a capped 3/4" iron rod set for an
angle corner of the herein described tract;
THENCE S 31°42' 50" w - 54.58', con- inuing along said west right -o* -way
line, to a capped 3/4" iron rod set for the south corner of the herein
described tract; -
THENCE N 610 10' 25" W - 974.92' to a capped 3/4" iron rod set for the
west corner of the herein described tract;
h Date /Time JAN- 11- 200AK l I
JAN -22 -2001 10:51 HIRSCH & WESTHEIMER,P.C. P.16i17
Page 2 - 40.00 acre tract
THENCE N 280 49' 35" E - 1820.04' to a capped 3/4" iron rod set for the
north Corner of the herein described tract;
THENCE S 610 ?0' 25" E - 953.73' to the POINT OF BEGINNING of the herein
described tract and containing 40.00 acres of land.
Prepared by:
G. P. SURVEYORS
a division of
Pate Engineers, Inc.
Job No. 947 - 003 -00 -53
Revised: December 20, 2000
0