Ordinance No. 14,495ORDINANCE NO. 14,495
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 12, 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 12, 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 1 Oth day of September, 2020.
BRANDON CAPETILLO, ayor
AT T T:
L ICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
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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 12, 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:
I.
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:
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 12, LLC
3330 South Sam Houston Parkway
East
Tax Statement Address:
Ameriport Building 12, LLC
3330 South Sam Houston Parkway
East
Houston, TX 77047 Houston, TX 77047
lI.
Identification of Property and Industrial District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits
of the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A,
which is attached to this Agreement and made a part hereof Acting pursuant to the above
mentioned authority, the City Council of the City has by ordinance, designated the affected area
as an industrial district, the same to be known as Baytown Industrial District No. 3 (the "Industrial
District").
III.
Term
The term of this Agreement is seven tax years, from 2020 through 2026, unless it is sooner
terminated under the provisions hereof. This Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall
remain in effect for seven years. This Agreement supersedes any prior existing agreements
between the Property Owner and the City relating to the subject matter specific to the tern hereof.
IV.
Limited Immunity from Annexation b the ie Cif
In consideration of the obligations of the Property Owner herein set forth, the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to annex
property owned by third parties within the Industrial District that the City may decide to annex.
Additionally, this Agreement shall not affect the continuation of any limited purpose annexation
status to which the affected area is now subject.
V.
Industrial District Payment
lent
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 3 1 " of each year during the term hereof a
Sum Of Money equal to: the Base Value Industrial District Payment plus the Added Value Industrial
District Payment. The sum of the Base Value Industrial District Payment plus the Added Value
Industrial District Payment shall be referred to as the Industrial District Payment.
A.
Base Value hldustrial District Payment
The Base Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
Year
2020
Base Value
$11,346,855
2021
$11,346,855
2022
$11,346,855
2023
$11,346,855
2
Year Base Value
2024 $11,346,855
2025 $11,346,855
2026 $11,346,855
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
2020
.66
2021
.66
2022
.66
2023
.66
2024
.66
2025
.66
2026
.66
plus
(3) the value of the sites 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
2020
.66
2021
.66
2022
.66
2023
.66
2024
.66
2025
.66
2026
.66
On or before February I" of each contract year during the tenn of this Agreement, the
Property Owner shall file separate written information reports 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
(1) January I" of the current contract year and
(2) September I" of the preceding year.
Additionally, if the Property Owner on or before July I" of each year certifies under oath that the
Property Owner has required the owner of the situs property to make the payment to the City for
that portion of the Base Value Industrial District Payment calculated pursuant to subsection (3) and
(4) this Subsection A, the City shall invoice such owner for that amount. However, nothing herein
shall be construed so as to relieve the Property Owner from making the Full Industrial District
Payment on or before December 31" of each year should the: owner of the sites property fail to
timely pay that portion of the Base Value Industrial District Payment calculated pursuant to
subsection (3) and (4) this Subsection A.
B.
Added Value Industrial District Payment
The Added Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as determined by the City, of all of the Property Owner's land
and all other tangible property, real, personal or mixed, within the affected area on
January 1 of each year in which an Industrial District Payment is due hereunder
minus the Base Year Value, hereinafter referred to as the "Added Value," multiplied
by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City COUnci I
for the City for each year of tine term of this Agreement, multiplied by the applicable
added value industrial district payment rate detailed below.
The applicable Added Value Industrial District Payment Rate shall be determined using
the following chart:
ADDED VALUE
TAX YEAR
INDUSTRIAL
DISTRICT PAYMENT
RATE
2020
.00
2021
.00
2022
.25
2023
.35
4
ADDED VALUE
TAX YEAR
INDUSTRIAI,
DISTRICT PAYMENT
RATE
2024
.45
2025
.55
2026
.66
If the fonnula used in calculating the Added Value Industrial District Payment produces a
negative number, then the Added Value Industrial District Payment shall be $0.00.
V1.
Valuations and Collecti
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 teen 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:
l . use incorne and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in determining an appropriate
capitalization rate; and
4. detennine a capitalization rate for income -producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
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 detennined 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
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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 detennination), or by appraisal conducted by an independent appraiser of the City's
selection at the City's expense. The determination of fair market values by the City shall be final
and binding unless the Property Owner within thirty (30) days after receipt of the City's
determination petitions for a Declaratory Judgment to the Civil District Court of Harris County,
Texas, as provided for by Section X111 hereof Nothing contained herein shall ever be
construed as in derogation of the authority of the Chambers County Appraisal District to
establish the appraised value of land, improvements, and tangible personal property in the
annexed portion for ad valorem tax purposes.
B.
Adjustment of Base Value for Property Inside the Corporate Limits but Subsequently
Disannexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is disannexed from the corporate limits of the City during the tern of this Agreement, shall
become part o1 the affected ai"ea iillnlediately Upon disaniiexatioli. The Val Lie for such chsannexed
kind, improvements and tangible property, real or mixed shall be cetennined as described in
Subsection A of this Section based upon the year in which the property is disannexed and shall
be added to the Base Value specified in Article V each year after the disannexation for purposes
of payment hereunder.
C.
Adjustment of Base Value for Property Outside the Corporate Limits but Subsequently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be 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 clue on December 31 of such year pursuant to this Agreement.
Such statement shall be mailed to the "Tax Statement Address" noted in this Agreement. Any
amounts due on December 31 that are not paid when due shall become delinquent on January l
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
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collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall
have a lien upon the Property Owner's land within the affected area upon any delinquency in the
Industrial District Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined
by the due date of the Property Owner's payment hereunder and the Property Owner is
pursuing through a declaratory judgment action as specified in Subsection A, the Property Owner
shall, without prejudice to such action, pay to the City by December 31 of each year (subject to
the exception in the preceding paragraph for statements mailed after December 10), such amount
as is provided in the Texas Property Tax Code, as amended throughout the term of this
Agreement, for payments made under such conditions by owners of property within the general
corporate limits of the City subject to ad valorem taxation. Any refund payable by the City
to the Property Owner hereunder shall be paid within 60 days after receipt by the City of both
Chambers County Appraisal District's fora notification that the appraised value of the property
has been reduced and a written refund request by the Property Owner; if not paid timely, the
refund amount shall bear interest at the rate specified in Section 2251.025 of the Texas
Government Code beginning 60 days after the City received both the Property Owner's written
refund request and the Chambers County Appraisal District's formal notification that the
appraised value of the property has been reduced.
VI1.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding areas.
To this end, the Property Owner and the City agree that the same standards and criteria relative to
noise, vibration and toxic levels and drainage and flood control which are adopted by the City and
made applicable to portions of the City adjacent to the Industrial District shall also be applicable
to the affected area. The Property Owner agrees that any industrial or other activity carried on
within the affected area will be constructed in strict compliance with all applicable valid state and
federal air and water pollution control standards. If the Property Owner's property within the
affected area is subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as
amended, then the Property Owner shall undertake to ensure that its facilities and improvements
in the affected area comply with the applicable fire safety standards of such act and the resolutions
from time to time promulgated hereunder (the "OSHA Standards"), but there shall be no obligation
to obtain any 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 tirne of construction.
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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.
Vill.
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 terins of
this Agreement, including the obligation to make the payments above provided for, the City shall
have the option, if such default is not hilly 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 anything to the contrary contained herein, should the City detenmine 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 ongoing negotiations with federal or state officials,
administrative proceedings or litigation regarding the necessary cure steps, then the cure period
shall be extended until such negotiations, administrative proceedings or litigation are concluded.
B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not filly
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such tennination, both the Property Owner and the City shall be relieved of all
further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay
any amounts that accrued prior to such termination. In the event of termination, the City shall have
the right to repeal the ordinance designating the affected area as an industrial district. Provided,
however, if the termination occurs as a result of the City's exercising its option to terminate (as
provided in the first sentence of this Section IX), the City shall not have the right to annex the
affected area into the general corporate limits of the City so as to subject the affected area to ad
valorern 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.
Xl.
No Further Expansion of Taxing Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power or
authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement. The Property Owner shall not be obligated by
virtue of this Agreement, or the establishment of the industrial district covering the affected area
not within the corporate limits of the City, to make any payments to the City in the nature of a tax
or assessment based upon the value of the Property Owner's property in the affected area during
the 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.
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 reirnburse the City for costs incurred by the City in providing fire protection
services to the Property Owner as shall be provided in the charter, bylaws and agreements pursuant
to which CIMA or such similar organization is organized and operates. If the Property Owner
requests and receives mutual aid firefighting assistance and is not a member of CIMA or a similar
organization, then the Property Owner shall be required to reimburse the City for costs actually
expended by the City in providing any firefighting assistance to the Property Owner, including
chemical and personnel costs.
Xlll.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris
County, Texas, for a Declaratory Judgnnent determining said controversy and the cause shall be
tried as other civil causes. If the controversy affects an Industrial District Payment, the Property
Owner shall, pending final determination of said controversy, pay to the City on the due date the
same amount which was paid to the City for the last preceding period as to which there was no
controversy concerning the amount owed by the Property Owner to the City. The Property Owner
agrees to tender any additional amount of potential liability to the registry of the Civil District
Court, Harris County, Texas, pending final detennination 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 Year Value plus the Added Value shall be apportioned between the Property ONvner and
the grantee based upon the property conveyed, only if the grantee thereof enters into an Industrial
District Agreement with the City with respect to such property so conveyed. No right or obligation
under this Agreement may be sold, assigned or transferred.
XV.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement by
virtue of being either the legal or equitable owner of a possessory estate (including a leasehold
estate) in the land comprising the affected area, which will not terminate before the expiration date
of this Agreement. Additionally, the officers executing this Agreement on behalf of the patties
hereby represent that such officers have fiill authority to execute this Agreement and to bind the
party he represents.
XV1.
No Municipal Services
it is agreed that during the teen of this Agreement, the City is tinder 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 ftrrnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severability
m
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is detennined 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 pennitted by law. Notwithstanding the above, if the application of this
Section XVII requires reformation 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 reformation that shortens the term of this Agreement), the City shall have the option
to declare this Agreement terminated.
XVIII.
Complete Agreement
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the firll and final expression of the agreement between the parties.
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 hiture default or failure of performance.
XX.
Ambiguities
In the event of any ambiguity in any of the terns 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.
XX I.
Headings
The headings appearing at the first of each numbered section in this Agreement are inserted
and included solely for convenience and shall never be considered or given any effect in construing
this Agreement or any provision hereof, or. in connection with the duties, obligations or liabilities
of the respective parties hereto or in ascertaining intent, if any question of intent should arise.
XXII.
Choice of Law, Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
XXIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf
of the Property Owner this _ _ day of , 2020, and on behalf of the City
this -----clay of*____ __, 2020.
ANIERIPORT BUILDING 12, LLC
f
Printed Name
Title
STATE OF TEXAS §
COUNTY OF V�f eX,5
Before me, V \\J?-<r ,the undersigned notary public,
on this day personally appeared Q1f'L ,the V Q _
of AMERIPORT BUILDING 12, LLC, the owner of the affected property, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes, in the capacity, and for the consideration therein
expressed.
SUBSCRIBED AND SWORN before me this � day of � "r .32020.
KELLENE APPEL Lao
i Notary 10 #124740986—
r My Commission Expires Notary Public in an the State of Texas
4Tforl�} March 4, 2023
12
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
VICTOR BROWNLEES, Finance Director
R:1KarenTiI&ContractslInd ustrial District Agrcements\Ame6port Building MAmeriportNewCornpanylDA -- Logistics.docr
13
Exhibit "A"
ApIE
WINDROSE
LAND I
DESCRIPTION OF
11.182 ACRES OR 487,080 SQ. FT.
A TRACT OR PARCEL CONTAINING 11.182 ACRES OR 487,080 SQUARE FEET OF LAND SITUATED IN THE R.A. PORTER
SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, BEING OUT OF AND A PART OF RESTRICTED RESERVE "C",
BLOCK I OF AMERIPORT SECTION 9, MAP OR PLAT THEREOF RECORDED UNDER CHAMBER COUNTY CLERK FILE
(C.C.C.F.) NO. 2019138650 , AND BEING OF ALL OF A CALLED 11.182 ACRE TRACT CONVEYED TO AMERIPORT
BUILDING 12, LLC AS RECORDED UNDER C.C.C.F. NO. 2019.140207 BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE (NAD 83):
BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" ON THE SOUTH RIGHT OF WAY (R.O.W.) LINE OF
FARM TO MARKET (F.M.) HIGHWAY NO. 565 (120 FEET IN WIDTH) AS DESCRIBED IN PART 1 90-104-441 OF THE OFFICIAL
PUBLIC RECORDS CHAMBERS COUNTY TEXAS (O.P.R.C.C.T ), SAME BEING THE NORTHEASTERLY CORNER OF THE
REMAINDER OF A CALLED 21.65 ACRES CONVEYED TO SOUTHERN PACIFIC COMPANY AS DESCRIBED IN VOLUME 278,
PAGE 464, CHAMBERS COUNTY DEED RECORDS (C.0 O.R.) AND BEING THE NORTHWEST CORNER OF SAID 11.182
ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT:
THENCE, NORTH 77 DEG. 09 MIN. 20 SEC. EAST ALONG THE SOUTH R.O.W. LINE OF F.M. 565, A DISTANCE OF 553.46
FEET TO A TXDOT DISK FOUND MARKING A POINT OF CURVATURE;
THENCE. CONTINUING ALONG SAID R.O.W. LINE OF F M. 565 WITH A CURVE TO THE LEFT. HAVING A RADIUS OF
1969.87 FEET, A CENTRAL ANGLE OF 08 DEG. 42 MIN. 49 SEC., AN ARC LENGTH OF 299.58 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 72 DEG. 47 MIN. 07 SEC. EAST 299.29 FEET TO A CAPPED 5/8 INCH IRON ROD
STAMPED "WINDROSE" SET MARKING A SOUTH CORNER OF THE RESIDUE OF A CALLED 37.890 ACRE TRACT
CONVEYED TO JINDAL SAW USA LLC AS RECORDED UNDER VOL. (07) 995, PG 29. C.C.D.R.;
THENCE, NORTH 76 DEG. 55 MIN. 21 SEC. EAST, ALONG THE SOUTH LINE OF SAID CALLED 37.890 ACRE TRACT, A
DISTANCE OF 273.14 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING AN INTERIOR
CORNER OF THE HEREIN DESCRIBED TRACT;
1HENCE, NORTH 13 DEG. 25 MIN. 03 SEC. WEST, ALONG THE AN EAST LINE OF SAID CALLED 37.890 ACRE TRACT A
DISTANCE OF 60.78 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET ON THE SOUTH R.O.W. LINE OF
SAID F.M. 565 MARKING THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
THENCE, ALONG SAID R.O.W. LINE OF F.M. 565 WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1969.87 FEET, A
CENTRAL ANGLE OF 01 DEG. 13 MIN. 53 SEC., AN ARC LENGTH OF 42.33 FEET AND A CHORD BEARING AND DISTANCE
OF NORTH 59 DEG. 40 MIN. 38 SEC. EAST - 42.33 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET
MARKING THE NORTHEAST CORNER OF SAID 11.182 ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT:
THENCE, SOUTH 06 DEG. 01 MIN. 46 SEC. EAST, A DISTANCE OF 450.90 FEET TO A CAPPED 5/8 INCH IRON ROD
STAMPED "WINDROSE" SET MARKING THE SOUTHEAST CORNER OF SAID 11.182 ACRE TRACT AND THE HEREIN
DESCRIBED TRACT;
THENCE, SOUTH 69 DEG. 59 MIN. 17 SEC. WEST, A DISTANCE OF 1,124.53 FEET TO A CAPPED 5/8 INCH IRON ROD
STAMPED "WINDROSE" SET ON THE EAST BOUNDARY LINE OF SAID 21.65 ACRE TRACT, AND MARKING THE SOUTHWEST
CORNER OF SAID 11.182 ACRE TRACT AND THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 12 DEG. 19 MIN. 24 SEC. WEST, A DISTANCE OF 490.63 FEET ALONG SAID EAST BOUNDARY LINE OF
THE CALLED 21.65 ACRE TRACT TO THE PLACE OF BEGINNING AND CONTAINING 11.182 ACRES OR 487,080 SQUARE
FEET OF LAND, AS SHOWN ON JOB NO. 46137 AP 12, PREPARED BY WINDROSE LAND SERVICES.
ROBERT KNESS
R.P.L.S. NO. 6486
STATE OF TEXAS
FIRM REGISTRATION NO. 10i08800
:
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.... RT KNESS
6486.......
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06-24-2019
DATE
713.458.2281 1 11111 RICHMOND AVE, STE 150, HOU510N, TX 77082