Ordinance No. 9,371ORDINANCE NO. 9371
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN ASSIGNMENT OF INDUSTRIAL
DISTRICT AGREEMENT TO DOME HYDROCARBONS, L.C.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to the Assignment of Industrial District
Agreement to Dome Hydrocarbons, L.C. Such assignment is attached hereto as 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 27`" day of June, 2002.
ATTEST:
GA.._.Y W. SMtTH, City Clerk
APPROVED AS TO FORM:
rr&!L'j�J9r, R W- WAPN'A�-o - a.— '•i
1- AKaren\Fi1es \City Council \Ordinances\DomeConsent2lDA.doe
PETE C. ALFARO, Mayor
•
Assignment of Industrial District Agreement to Dome
Hydrocarbons, L.C.
STATE OF TEXAS §
COUNTY OF CHAMBERS §
This Assioment of Industrial District Agreement (this "Assignment ") is made this
day of, 2002, by and among the City of Baytown, a municipal
corporation located in Harris and Chambers Counties, Texas (the "City "), West Bay Organics,
L.C., a Texas corporation, and Dome Hydrocarbons, L.C., a Texas limited liability company.
WITNESSETH:
WHEREAS, on the 13`h of May, 1999, the City Council of the City
authorized an Industrial District Agreement (the "Agreement ") with West Bay
Organics, L.C; and
WHEREAS, effective the 5`h day of June, 2001, Dome Hydrocarbons
L.C., acquired certain assets of West Bay Organics, L.C., including its facility,
which is subject to the Agreement; and
WHEREAS, on the 11th day of January, 2002, Dome Hydrocarbons, L.C.,
sent a letter to the City requesting the City to consent to the assignment of the
Agreement to Dome Hydrocarbons, L.C.;
NOW, THEREFORE, in consideration of the foregoing and in consideration of the
mutual promises, covenants and agreements herein contained, the parties agree hereto as follows:
1.
Assignment and Assumption
Pursuant to paragraph 16 of the Agreement, West Bay Organics, L.C., hereby assigns all
of its rights and obligations under the Agreement effective January 1, 2001, to Dome
Hydrocarbons, L.C.; and Dome Hydrocarbons, L.C., hereby assumes all of West Bay Organics,
L.C.'s, rights and obligations under the Agreement effective as of January 1, 2001. Such
agreement is attached hereto as Exhibit "A" and incorporated herein by this reference for all
intents and purposes.
Assilzriment of Industrial District Agreement, Page I E=ff A
L
II.
Consent
Pursuant to paragraph 16 of the Agreement and subject to the conditions listed herein, the
City hereby consents to the assignment of all of West Bay Organics, L.C.'s, rights and
obligations under the Agreement to Dome Hydrocarbons, L.C., and the assumption of such rights
and obligations by Dome Hydrocarbons, L.C. It is expressly agreed that the consent given in
this article is subject to the following terms and conditions:
(a) The City shall have the authority to collect any underpayment of industrial
District Payments from Dome Hydrocarbons, L.C;
(b) The City shall have the authority to, and shall not be deemed to have waived the
right to, pursue and/or resolve any and all outstanding matters, including, but not
limited to, any breach of contract concerns, with Dome Hydrocarbons, L.C.;
(c) The City shall have the authority to require strict compliance with any and all
terms of the Agreement;
(d) Dome Hydrocarbons, L.C., shall assume all obligations and liabilities under the
Agreement accruing prior to and after the date of the effective date of this
Assignment; and
(e) Dome Hydrocarbons, L.C., or any entity acting by, through, or on behalf of Dome
Hydrocarbons, L.C., shall not contest the City's authority to impose these
additional conditions on the consent granted herein.
III.
No Expansion of Rights
Notwithstanding any language in the Agreement or this Assignment to the contrary, the
City's consent granted herein shall not be deemed to expand the rights and privileges specified in
the Agreement and originally granted to West Bay Organics, L.C.
IV.
Notice
All notices required to be given under this Assignment or the Agreement shall be given in
writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at
the respective addresses designated hereinbelow or at such other address as may be designated in
writing by Dome Hydrocarbons, L.C., or the City. Notice given by mail shall be deemed given
three (3) days after the date of mailing thereof to the following addresses:
Assignment of Industrial District Agreement, Page 2
Dome Hydrocarbons, L.C.
3444 Meadowlake Lane
Houston, Texas 77027
Fax No: (713) 622 -6359
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
V.
Further Assurances
West Bay Organics, L.C., Dome Hydrocarbons, L.C., and the City shall execute such
additional agreements as may be reasonably necessary in the option of the City to reflect the
foregoing assignment, assumption, and consent among the parties hereto.
VI.
Severability
All parties agree that should any provision of this Assignment be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Assignment or the
Agreement, which shall continue in full force and effect
VII.
Ambijzuities
In the event of any ambiguity in any of the terms of this Assignment or the 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.
VIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Assignment.
Assignment of Industrial District Agreement, Page 3
0
Authori
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 /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be de d to be an�riginal, but all of which shall constitute but one
and the same Agreement on the rt day of �.w-� r, 2002, the date of execution by the
Mayor of the City of Baytown.
Assignment of Industrial District Agreement, Page 4
WEST BAY ORGANICS, L.C.:
Officer's Signature
Officer's Printed Name
Officer's Title
ME HYDROCARBONS, L.C.:
, i 1-k— U."I -- -
Officer's Si re
2�� p A
Officer's Printed Name
O ficer's Title
CITY OF BAYTOWN:
PETE C. ALFARO, Mayor
r ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, W., City Attorney
STATE OF TEXAS §
COUNTY OF §
Before me, , the undersigned notary public, on this day
personally appeared , in his/her capacity as
of West Bay Organics, L.C., on behalf of such corporation,
known to me;
proved to me on the oath of ; or
through his/her current {description of
identification card or other document issued by the federal government or any
state government that contains the photograph and signature of the acknowledging
person)
(,/ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 12002.
Notary Public in and for the State of Texas
0 My commission expires:
Assignment of Industrial District Agreement, Page 5
0
STATE OF TEX%M-'iZ1S §
COUNTY OF §
Before me, the undersigned n public o this day
personally appeared bars. t �-�4«c , in his/her capacity as Res\10cK
of Dome Hydrocarbons, L.C., on behalf of such corporation,
known tome;
-proved to me on the oath of ; or
through his/her current "_ (t_s {description of
identification card or other document issued by the federal goverment or any
state government that contains the photograph and signature of the acknowledging
person)
one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this
• �1` �1�tit``'�1111111'111111.�15
Notary PublIc, State ol Texas 1
da-V of 1�Kt-
Publik in,afid for
My commissi
\ 1Bdc2 \Litigation\BLANCA\FORMS\[DA Assignments\AssignmentoflDATODOME .doc
Assignment of Industrial District Agreement, Page 6
2002.
State of Texas
3 0�
® INDUSTRIAL DISTRICT AGREEMENT
BETWEEN
WEST BAY ORGANICS, L.C.
AND
CITY OF BAYTOWN, TEXAS
This Agreement is made and entered into between the CITY OF BAYTOWN, Texas, a
municipal corporation in Harris County and Chambers County, Texas, hereinafter also referred to
as "Baytown" or "City," and WEST BAY ORGANICS, L.C., a Texas corporation, 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 1963 adopted the "Municipal Annexation Act," Article
970x, Revised Civil Statutes of Texas, (now TEX. LOC. GOV'T 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 26`h 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 WEST BAY ORGANICS, L.C.'s Baytown
Plant and facilities as described in Appendix A, be included in the Baytown Industrial District No.
3; and further desires to enter into this contractual agreement with WEST BAY ORGANICS, L.C.
for this purpose; and
WHEREAS, WEST BAY ORGANICS, L.C.'s Baytown Plant includes both real and
personal property within the corporate limits or extraterritorial jurisdiction of the City used in its
refining and chemical manufacturing and research facilities acturing and research 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:
Industrial District Ageement, Page 1
MMU A
® I . 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 may be necessary
to annex in order to annex property owned by third parties within the Industrial District that the City
may decide to annex. 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 WEST BAY
ORGANICS, L.C.'s Baytown Plant and facilities which have been annexed by the City of Baytown,
which areas, both annexed and otherwise, are jointly described by metes and bounds in the attached
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 property 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; and (c) 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, I, 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 Baytown Plant, which are located within
the Industrial District or the annexed areas noted in Appendix B, ordinarily and customarily supplied
by the City to property 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.
4. The Company and the City of Baytown recognize that in the past the Company has paid to
the City a share of the needed revenue for operating the City and providing services for its residents.
It is further recognized 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,
0 Industrial District Agreement, Page 2
• beginning in 1999, the Company agrees to pay the City of Baytown an industrial District payment
on or before December 31 st of each year during the term of this Agreement, 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 Baytown Plant within the corporate limits or extraterritorial
jurisdiction of the City, 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.
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 Baytown Plant 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) 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 then above definitions:
Industrial District Agreement, Page 3
MO.
1999
.45
2000
.48
2001
.50
2002
.50
2003
.50
2004
.50
2005
.50
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 Baytown Plant 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) 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 then above definitions:
Industrial District Agreement, Page 3
Full Value Payment
Tax Paymeot
Industrial District Payment
C. The appraised value for tax purposes of the annexed portion of land, improvements,
and tangible personal property 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 payments hereunder. Therefore, the parties agree
that to determine the fair market value of all of the Company's Baytown Plant 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 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. Adjustments to this
amount shall be made within thirty (30) days of the resolution of the disagreement.
5. 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 6 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
article 4(c) herein, giving due consideration to comparable present day facilities considering and
0 Industrial District Agreement, Page 4
® giving effect to sound engineering valuation practices relative to service life, life expectancy, process
and functional obsolescence.
6. 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 of valuation. 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.
7. 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 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. The City shall have a lien upon the
Company's property upon any delinquency in Industrial District payment.
8. 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, 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 circumstances. 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.
0 Industrial District Agreement, Page 5
® 9. 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 Baytown Plant shall also be
applicable to the plant 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, and any other governmental agency having legal
authority in these matters. In this connection, it is recognized between the parties that these agencies
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.
10. 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.
11. 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 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 percent (50 %) or more of the stock having
the right to vote for the election of directors.
12. 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 the 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
0 Industrial District Agreement, Page 6
• 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.
13. In the event the terms and conditions of this Contract 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 said Contract shall be
renegotiated to accomplish the intent of this Agreement.
14. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Company and the City only.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
EXECUTED IN DUPLICATE ORIGINALS this the - o day of '1999.
WEST BAY ORGANICS, L.C.
r--1By
Printed Name
\-� �T
Title
isIndustrial District Agreement Page 7
ATTEST:
SE T Y
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HAL , City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Attorney
cAk1h 1 41\LegaIU DA% WestBayOrganics UDAofWestBayOrganics
0 Industrial District Agreement, Page 8
E ?SIT "A"
BEING a parcel or tract of land in the CIEUST1:1N SMITH LEAGUE, Abstract No. 22, Chambers
County, Texas, and being that same parcel conveyed by Fenno D. Ball, et al. to R.D. Haden by Deed,
dated March 18, 1878, recorded in Volume "B;' Page 578 of the Decd Records of Chamber County,
Tcxas, said to contain 45.25 ac:cs of land. mere or less, but found upon a rc- survey to contain 48.791
acres of land, and being more particularly described by metes and bounds as follows, to -wit:
BEGIINNLNG at a fence post on the Fast bank of Cedar Bayou, the Southwest comer
of the Lizzie Wilburn Estate 34.95 acre tract and the Nonhwcst corner of this tract;
THENCE a true bearing of North 80012'22" East following the common boundary
between the Haden and Wilburn Est31cs lracts as fenc.-d, at 1942.77 felt passed a 1.0
foot North of, and 0.35 foot West of, a fence corner in the West right -of- -way of a
County Road at 1975.27 feet passed the Southeast corner of said Wilburn Estate
tract, in the center of said Road, and Southwest comer of the Annie. Schilling Estate
original 360 acre tract, as described in a decd of record in Volume "H," Page 176 o f
the Deed Records of Chambers County, Texas, in all a totul distance of 2155.30 feet
to the Northeast comer of this tract in the center of a County Road, said corner is
situated 3.29 feet North 10° 17' 08" Wes: of an iron rod found in said road;
THENCE South 10° 17' 08" Last with center of a County Road and entering the
right -of -way of F.M. Highway No. 1405, and with the center of said latter named
Highway, at 3.29 feet passed aforesaid iron rod, and at 991.75 feet to comer in said
F.M. Highway No. 1403, the Southeast corner of this tract and the Northeast corner
of the C.D. Ehrhardt so- called 45.25 acre tract;
THENCE South 80' 52' 17" West at 40.0 feet crossed the West right -of- -way fence
of F.M. Highway No. 1405, at a fence comer, and following with a fence, a total
distance of 1275.51 feet to a fcnc: corner and angle in the common boundary fence
between the Haden tract and the Ehrhardt tract;
THENCE continuing with said common boundary as fenced, South 79° 44' 37"
West 886.00 feet to a past on the East bank of Cedar Bayou, the Southwest corner
of this tract and the Northwest comer of the C.D. Ehrhardt tract;
THENCE with the meanders of the East bank of Cedar Bayou, North 10° 46' 53"
West 591.11 feet and North 08* 39' 38" West 393.10 feet to the PLACE OF
BEGINNING, containing within said boundaries, 48.791 acres of land, there being
0.993 acre in the right-of-way of said County Road and F.M. Highway No. 1405,
leaving a net acreage of 47.798 acres of lane!.
:7
•
Appendix B
(Continued)
There is no annexed property at the time of this Agreement.
ApAendix B, Page 3