Ordinance No. 14,741 ORDINANCE NO. 14,741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE DECLARATIONS
OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR
PROPERTY SITUATED WITHIN CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO. 2, CHAMBERS COUNTY,TEXAS, OWNED BY AMERIPORT,
LLC, NPH MARKET STREET, LLC, AND APBP BUILDING 1, LLC; 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 approves the
Declarations of Covenants, Conditions, Restrictions, and Easements for property situated in
Chambers County Improvement District No. 2, Chambers County, Texas, owned by AmeriPort,
LLC, NPH Market Street, LLC, and APBP Building 1, LLC. Said First Amendment to the
Declarations of Covenants, Conditions, Restrictions, and Easements 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 v IL vote of the Cit Council of the City
of Baytown this the 10"' day of June, 2021.
ANDON CAPET , Mayor
ATTEST:
LLD
ANGELA ACKSON, Interim City C
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RAKaren Homet-Documents\ ileslCity CouncillOrdinances1202 Wune 101ApprovaloflstAmendment2Declaiations4Ameriport.doc
Exhibit "A"
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
This FIRST A\i 1ENDMENT TO DECLARATION OF COVENANTS. CONDITIONS.
RESTRICTIONS AND EASEMENTS (this '`Amendment") is executed as of June: 10. 2021 (the
"Amendment Effective Date") by ANIERIPORT. LLC. a Texas limited liability company
("Declarant'). NPH MARKET STREET. LLC. a Delaware limited liability company ("AIPH
Harhet'). and APBP BUILDING 1. LLC, a Delaware limited liability company
RECITALS
A. Declarant filed that certain Declaration of Covenants. Conditions. Restrictions and
Easements dated September 1. 2019 and recorded as Document No. 2019-146233 of the
Official Public Records of Chambers County. Texas (the "Declaration"), which
Declaration encumbers the real property more particularly described therein (tile
B. The Control Period has not expired. Therefore. pursuant to Section 14.3(a) of the
Declaration. Declarant has the right to amend the Declaration so long as such amendment
will not be materially inconsistent with the �(eneral overall plan for the development of the
Property.
C. Declarant, NPH Market. and API3P 1. being the holders of title to all ofthe land described
by metes and bounds on Exhibit A attached hereto (the "Aiwexed Proj)ertr,") as of the
Amendment Effective Date. desire: to annex the Annexed Property into the jurisdiction of
the Association and the Declaration. and modify the depiction of the zones set forth in the
Declaration.
D. "file terms of this Amendment are not materially inconsistent with the general overall plan
for the development of the Property.
AGREEMENT
1. Defined Ternls. All capitalized terms used but not defined herein have the meanings
set forth in the Declaration.
2. Annexation. The Annexed Property (i) is hereby annexed to the jurisdiction of the
Association. (ii) shall hereafter be included as Property as defined in the Declaration and (iii) shall
hereafter be subject to all terns and conditions of the Declaration. All of the provisions of the
Declaration. as amended. shall apply to the Annexed Property with the same force and effect as if
the Annexed Property were originally included in the Declaration as part of the initial Property
subject thereto.
l
3. Building Materials. Section 3.2 of the Declaration is hereby amended to replace
the `'Building Materials"requirement for Zone B with the following:
Zone B: Building elevations and exterior materials and colors must be submitted for
ARC approval. Metal buildings will be allowed in Zone B along with any
buildings otherwise allowed in Zone B. However, buildings permitted
within 200 feet of FM 565 S. shall be clad with a concrete tilt wall,masonry
or glass product acceptable to the ARC on the exterior walls facing FM 565
S.The foregoing restriction will not be construed as a prohibition on the use
of metal personnel doors, overhead/roll-up doors or other miscellaneous
architectural features made of metal, such as roof flashing, gutters or the
like, provided that such metal personnel doors, overhead/roll-up doors or
other miscellaneous architectural features made of metal do not constitute
fifty percent (50%) or more of any such exterior building wall.
4. Monument Sign. The Declaration is hereby amended to add the following as new
Section 3.3:
3.3 Monument Sign. The City and Declarant will work in good faith toward
design and approval of an AmeriPort monument sign located on a maximum area of 25' x
25' near the intersection of FM 565 and the Grand Parkway. Both parties will work together
to obtain approval from the Texas Department of Transportation("TXDOT") for a location
in the TXDOT right-of-way. If such approval is not granted, Declarant shall provide an
alternative location on its property located near such intersection, which site shall be
subject to the written approval of the City, which approval shall not be unreasonably
withheld, conditioned or delayed. Both parties shall work together to finalize the content,
design and specifications of the monument sign on or before one(1)year from the effective
date of this Amendment, unless extended upon agreement of the City and Declarant.
Declarant shall use reasonable efforts to commence construction of the monument sign
within one (1) year after such content, design and specifications have been approved and
all necessary permits have been issued, unless extended upon agreement of the City and
Declarant.
5. Section 14.3(c) of the Declaration is hereby amended and restated in its entirety to
read as follows:
(c) City Joinder Required. The City must join in any amendment that either
(i) modifies the definition of "Greenbelt Reserve", "Parkway," or "Parkway Protective
Zone,"(ii)alters the boundaries of,or uses permitted in, the zones described in Section 2.2
above or(iii) modifies any provision of Article 2, Article 3, Article 4, Article 7, Article 8,
or this subsection above.
2
6. Zones. Exhibit B to the Declaration is hereby deleted and replaced with Exhibit B
annexed hereto.
7. Miscellaneous. Except as expressly amended hereby, the Declaration remains
unaltered and in full force and effect and is hereby ratified, adopted and confirmed in all respects.
This Amendment will govern in the event of any conflict between the terms of the Declaration and
the terms of this Amendment. This Amendment will be binding upon, and inure to the benefit of,
and will be enforceable by the Declarant and the Association and their respective successors and
permitted assigns. In the event that a paragraph, section, sentence, clause or phrase contained in
this Amendment becomes or is held by any court of competent jurisdiction to be illegal, null or
void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases
contained in this Amendment will not be affected thereby. This Amendment may be executed in
any number of counterparts,each of which will be deemed an original and all of which counterparts
together constitutes one agreement with the same effect as if the parties had signed the same
signature page.
[End of text; signature page follows.]
3
EXECUTED as of the date of the acknowledgment below but to be effective as of the
Effective Date.
DECLARANT
AMERIPORT, LLC,
a Texas limited liability company
By:
Name: yan T. Lovell
Title: Vice President
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on 2021, by Ryan T.
Lovell, Vice President of AMERIPORT, LLC, a Texas limited 44abflity company, on behalf of
said limited liability company. �� n ^�,- n
[SEAL] 1'�Q�X kq APX
KELLENE APPEL
Notary Public, State exas
i Notary ID 0124740986
r - My Commission Expires
March 4. 2023
d�
SIGNATURE PAGE
EXECUTED as of the date of the acknowledgment below but to be effective as of the
Effective Date.
NPH MARKET
NPH MARKET STREET, LLC,
a Delaware limited liability company
By:
Name: Ryan Il
Title: Vice President
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on u1 2021, by Ryan T.
Lovell, Vice President of NPH MARKET STREET, LLC, a DelawtirJ liability company,
on behalf of said limited liability company. �J
[SEAL] '"""e KELLENE
ID#1 4740 �QQ Q D f) Q,
Notary ID Commission
Expires
Notary Public, State of—of a ss_
My Commission Expires y
March 4, 2023
GSIGNATUR PAGE
• EXECUTED as of the date of the acknowledgment below but to be effective as of the
Effective Date.
APBP 1
APBP BUILDING 1, LLC,
a Delaware limited liability company
By:
Name: Ryan T. Love
Title: Vice President
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on 2021, by Ryan T.
Lovell, Vice President of APBP BUILDING 1, LLC, a Delaware rimited liability company, on
behalf of said limited liability company.
SEAL 1f�At,
n
�>-'� KELLENE APPEL � V Dim _���
1 Notary ID :124740986 Notary Public, State of Te a
- My Commission Expires
March 4,2023
SIGNATURE PAGE
Pursuant to Section 14.3(c) of the Declaration, the City hereby consents to the terms and
conditions set forth in this Amendment.
CITY
CITY OF BAYTOWN,TEXAS,
a home-rule municipal corporation
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 2021, by
of the CITY OF BAYTOWN,
TEXAS, a home-rule municipal corporation, on behalf of said home-rule municipal corporation.
[SEAL]
Notary Public, State of Texas
SIGNATURE PAGE
• CONSENT AND SUBORDINATION BY LIENHOLDER
The undersigned, successor by merger to Icon Bank of Texas, N.A., is the holder of a deed
of trust, mortgage or other security instrument made by AmcriPort, LLC, a Texas limited liability
company,dated as of July 17, 2018, recorded as Document No.2018-134002 of the Official Public
Records of Chambers County, Texas (the "Security Instrument").
The undersigned does hereby consent to and approve the First Amendment to Declaration
of Covenants, Conditions, Restrictions and Easements and First Supplemental Declaration of
Covenants, Conditions, Restrictions and Easements ("Amendment") to which this Consent and
Subordination by Lienholder is attached, and does hereby acknowledge and agree that the
Amendment is hereby subordinated to the Security Instrument and will not be disturbed, interfered
with or terminated by any foreclosure of the Security Instrument or deed in lieu of foreclosure.
The undersigned hereby evidences such subordination, consent, approval, agreement and
non-disturbance by causing its duly authorized agent to sign, seal and deliver this Consent and
Subordination by Lienholder as of the date of the acknowledgment set forth below. Except for
such subordination, consent and non-disturbance, no real or personal property encumbered by the
Security Instrument shall be affected hereby and all real or personal property encumbered by the
Security Instrument shall remain as security for the indebtedness described in the Security
Instrument.
x LIENHOLDER:
BANCORPSOUTH
By: aniw flanll
Name:
Title: (J-h
STATE OF TEXAS §
COUNTY OF U/ § /II/ j
1'h i s t t c s a nowle cd- —c me on the 'may day of_V✓�
2021, by � ✓f _ _ of BANCORPSOUThI. on ehalf of
said entity.
Notary Public, State of Te s
F�,nrru LAURA RILEY
Notary Public,State of Texas
My Comm.Exp.07/1412024
Notit 192361®1-7
N SIf,SATUAL PACH:
CONSENT AND SUBORDINATION BY LIENHOLDER
The undersigned is the holder of a deed of trust, mortgage or other security instrument
made by NPH Market Street, LLC, a Delaware limited liability company, dated as of May 19,
2020, recorded as Document No. 2020-153707 of the Official Public Records of Chambers
County, Texas (the"Security Instrument").
The undersigned does hereby consent to and approve the First Amendment to Declaration
of Covenants, Conditions, Restrictions and Easements and First Supplemental Declaration of
Covenants, Conditions, Restrictions and Easements ("Amendment') to which this Consent and
Subordination by Lienholder is attached, and does hereby acknowledge and agree that the
Amendment is hereby subordinated to the Security Instrument and will not be disturbed, interfered
with or terminated by any foreclosure of the Security Instrument or deed in lieu of foreclosure.
The undersigned hereby evidences such subordination, consent, approval, agreement and
non-disturbance by causing its duly authorized agent to sign, seal and deliver this Consent and
Subordination by Lienholder as of the date of the acknowledgment set forth below. Except for
such subordination, consent and non-disturbance, no real or personal property encumbered by the
Security Instrument shall be affected hereby and all real or personal property encumbered by the
Security Instrument shall remain as security for the indebtedness described in the Security
Instrument.
LIENHOLDER:
THE N HE N TRUST COMPANY
KRISTIE K VILLARREAL
z �e. Notary ID#11656362
My Commission Expires By:
July 25,2023 Name: vi` n Si
Title: S/. Yitc ins o�int
STATE OF TE §
COUNTY O §
Tfiisjnstrument was ackno I g :d
, efor n the Z day o
2021, b THE NJfT ER TRUST
COMPANY, on behalf of said entity.
tary Public, State of Texas
SIGNATURE PAGE
CONSENT AND SUBORDINATION BY LIENHOLDER
The undersigned is the holder of a deed of trust, mortgage or other security instrument
made by APBP Building 1, LLC, a Delaware limited liability company, dated as of July 20,2020,
recorded as Document No. 2020-156693 of the Official Public Records of Chambers County,
Texas (the "Security Instrument").
The undersigned does hereby consent to and approve the First Amendment to Declaration
of Covenants, Conditions, Restrictions and Easements and First Supplemental Declaration of
Covenants, Conditions, Restrictions and Easements ("Amendment") to which this Consent and
Subordination by Lienholder is attached, and does hereby acknowledge and agree that the
Amendment is hereby subordinated to the Security Instrument and will not be disturbed, interfered
with or terminated by any foreclosure of the Security Instrument or deed in lieu of foreclosure.
The undersigned hereby evidences such subordination, consent, approval, agreement and
non-disturbance by causing its duly authorized agent to sign, seal and deliver this Consent and
Subordination by Lienholder as of the date of the acknowledgment set forth below. Except for
such subordination, consent and non-disturbance, no real or personal property encumbered by the
Security Instrument shall be affected hereby and all real or personal property encumbered by the
Security Instrument shall remain as security for the indebtedness described in the Security
Instrument.
LIENHOLDER:
THE NTETRUST COMPANY
KRISTIE K VILLARREAL
z = Notary 10#11656362
My Commission Expires B
July 25,2023 Name: ✓% ss•
Title: S!.
STATE OF TEXAS
COUNTY Cflj�VA §
This instrument was acknowl dged bef41e-,me op the/ day of
2021, bX yilJl �Y 12uf, ;jd � H"to� 17 f THE NQATHE9N TRUST
COMPANY, on behalf of said entity.
ar Public, State of Texas
SIGNATURE PAGE
EXHIBIT "A"
WINDROSE
LAND SURVEYING I PLATTING
TRACT IX-109.86 ACRES
A TRACT OR PARCEL CONTAINING 109.86 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 321, CHAMBERS COUNTY, TEXAS, BEING A PORTION OF A CALLED 5.078 ACRE TRACT AND 60.722 ACRE TRACT
CONVEYED TO NPH MARKET STREET, LLC IN CHAMBERS COUNTY CLERKS FILE (C.C.C.F.) NO. 2020-153704, AND A PORTION
OF A CALLED 61.353 ACRE TRACT CONVEYED TO NPH MARKET STREET, LLC IN C.C.F. NO. 2020-151355, WITH SAID 109.86
ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83:
BEGINNING AT A POINT ON THE WEST R.O.W LINE OF GRAND PARKWAY (ORIGINALLY STATE HIGHWAY 99) (R.O.W WIDTH
VARIES),MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 02 DEG. 46 MIN. 25 SEC. EAST, ALONG THE WEST R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF
85.97 FEET TO AN ANGLE POINT;
THENCE,SOUTH 42 DEG. 13 MIN.32 SEC.WEST,A DISTANCE OF 159.86 FEET TO A POINT FOR CURVATURE TO THE LEFT;
THENCE, WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 86 DEG. 25 MIN. 59 SEC.,
AN ARC LENGTH OF 603.42 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 37 DEG.22 MIN. 25 SEC. WEST-547.81 FEET
TO A COMPOUND CURVE TO THE LEFT;
THENCE,WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,580.00 FEET, A CENTRAL ANGLE OF 09 DEG. 16 MIN.00 SEC.,
AN ARC LENGTH OF 417.27 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 10 DEG, 29 MIN. 02 SEC. EAST-416.81 FEET
• TO A POINT OF TANGENCY;
THENCE,SOUTH 15 DEG.07 MIN.02 SEC.EAST,A DISTANCE OF 1,397.99 FEET TO A POINT OF CURVATURE TO THE RIGHT:
THENCE,WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 930.00 FEET, A CENTRAL ANGLE OF 13 DEG.01 MIN. 56 SEC.,
AN ARC LENGTH OF 211.53 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 08 DEG.36 MIN. 04 SEC. EAST-519.95 FEET
TO A COMPOUND CURVE TO THE RIGHT;
THENCE,WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 75 DEG. 25 MIN.33 SEC.,
AN ARC LENGTH OF 559.48 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 35 DEG.37 MIN. 40 SEC.-519.95 FEET TO A
POINT OF TANGENCY;
THENCE,SOUTH 73 DEG.20 MIN.26 SEC.WEST,A DISTANCE OF 1,175.82 FEET TO A POINT FOR CORNER;
THENCE. 13 DEG.00 MIN. 14 SEC.WEST,A DISTANCE OF 3,180.58 FEET TO A POINT FOR CORNER;
THENCE,NORTH 77 DEG.21 MIN.47 SEC.EAST,A DISTANCE OF 1,671.04 FEET TO AN ANGLE POINT;
THENCE,NORTH 87 DEG. 20 MIN.05 SEC. EAST,A DISTANCE OF 451.49 FEET TO THE PLACE OF BEGINNING AND CONTAINING
109.86 ACRES OF LAND IN CHAMBERS COUNTY,TEXAS.
�E OF,rF
XSTi R_F,9N
o:
ROBERT KNESS
..............................6486 ? 09/16/2020
ROBERT KNESS 19�0 pESS� y�
DATE:
R.P.L.S. NO. 6486
SURD
STATE OF TEXAS
SHEET I OF 1
WINDROSE
LAND SURVEYING I PLATTING
TRACT X-11 .64 ACRES
A TRACT OR PARCEL CONTAINING 11.64 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.
321, CHAMBERS COUNTY, TEXAS, BEING A PORTION OF A CALLED 5,078 ACRE TRACT AND 60.722 ACRE TRACT CONVEYED
TO NPH MARKET STREET,LLC IN CHAMBERS COUNTY CLERKS FILE (C.C.C.F.) NO. 2020-153704,AND A PORTION OF A CALLED
61.353 ACRE TRACT CONVEYED TO NPH MARKET STREET, LLC IN C.C.F.NO,2020-151355,WITH SAID 11.64 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM.SOUTH CENTRAL ZONE,NAD 83:
BEGINNING AT A POINT ON THE WEST R.O.W LINE OF GRAND PARKWAY (ORIGINALLY STATE HIGHWAY 99) (R.O.W WIDTH
VARIES),MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE,SOUTH 88 DEG.01 MIN.48 SEC. WEST,A DISTANCE OF 56.15 FEET TO AN ANGLE POINT;
THENCE,SOUTH 73 DEG.20 MIN.26 SEC. WEST,A DISTANCE OF 1,572.79 FEET TO A POINT FOR CORNER;
THENCE,NORTH 13 DEG.00 MIN. 14 SEC.WEST,A DISTANCE OF 1.00 FEET TO A POINT FOR CORNER;
THENCE,NORTH 73 DEG.20 MIN.26 SEC. EAST, A DISTANCE OF 1,183.50 FEET TO A POINT OF CURVATURE TO THE LEFT;
THENCE,WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 54.00 FEET, A CENTRAL ANGLE OF 75 DEG.25 MIN.33 SEC., AN
• ARC LENGTH OF 717.45 FEET,A CHORD BEARING AND DISTANCE OF NORTH 35 DEG.37 MIN.40 SEC. EAST-666.76 FEET TO A
COMPOUND CURVE TO THE LEFT;
THENCE,WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 1,050.00 FEET,A CENTRAL ANGLE OF 13 DEG.01 MIN.56 SEC.,
AN ARC LENGTH OF 238,83 FEET, A CHORD BEARING AND DISTANCE OF NORTH 08 DEG,36 MIN,04 SEC. WEST-238.31 FEET
TO A POINT OF TANGENCY;
THENCE,NORTH 15 DEG.07 MIN.02 SEC.WEST,A DISTANCE OF 1,397.99 FEET TO A POINT OF CURVATURE TO THE LEFT;
THENCE, WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,460.00 FEET, A CENTRAL ANGLE OF 09 DEG. 15 MIN, 58
SEC.,AN ARC LENGTH OF 397.84 FEET, A CHORD BEARING AND DISTANCE OF NORTH 10 DEG. 29 MIN.03 SEC. WEST-397.41
FEET TO A COMPOUND CURVE TO THE RIGHT;
THENCE,WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 84 DEG.51 MIN.49 SEC.,
AN ARC LENGTH OF 414.72 FEET, A CHORD BEARING AND DISTANCE OF NORTH 36 DEG.35 MIN. 20 SEC. EAST-377.84 FEET
TO AN ANGLE POINT;
THENCE, SOUTH 47 DEG. 46 MIN. 28 SEC. EAST, A DISTANCE OF 151.00 FEET TO A POINT ON THE WEST R.O.W. LINE OF SAID
GRAND PARKWAY;
SHEET 1 OF 2
to
• THENCE,SOUTH 02 DEG. 46 MIN. 25 SEC. EAST, ALONG THE WEST R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF
517.93 FEET TO AN ANGLE POINT;
THENCE, SOUTH 06 DEG. 19 MIN.26 SEC. EAST, CONTINUING ALONG SAID WEST R.O.W. LINE OF SAID GRAND PARKWAY, A
DISTANCE OF 807.61 FEET TO ANGLE POINT;
THENCE,SOUTH 02 DEG. 46 MIN. 28 SEC. EAST, CONTINUING ALONG SAID WETS R.O.W. LINE OF SAID GRAND PARKWAY, A
DISTANCE OF 1,288.80 FEET TO THE PLACE OF BEGINNING AND CONTAINING 11.64 ACRES OF LAND IN CHAMBERS COUNTY,
TEXAS.
OFT T�f
p N
.............................. 09/16/2020
ROBERT KNESS
ROBERT KNESS 'A 6 Q:' DATE:
STATE OFOTEXA86 486<"9'p�'�ESS\°?y�� REV:02/01/2021
supli
•
SHEET 2 OF 2
•
WINDROSE
[AND SURVEYING I PLATTING
TRACT XI-191.60 ACRES
A TRACT OR PARCEL CONTAINING 191.60 ACRES OR 3,345,748 SQUARE FEET OF LAND, SITUATED IN THE BENJAMIN
WINFREE SURVEY, ABSTRACT NO. 28, CHAMBERS COUNTY, TEXAS, BEING ALL OF A CALLED 191.541 ACRE TRACT
CONVEYED TYO AMERIPORT, LLC IN THAT CERTAIN WARRANTY DEED FILED FOR RECORD UNDER CHAMBERS COUNTY
CLERKS FILE (C.C.C.F.) NO. 2018134001, WITH SAID 191.60 ACRE TRACT 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 CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND AT THE NORTH END OF A CUTBACK CORNER AT
THE INTERSECTION OF THE SOUTHEAST RIGHT OF WAY (R.O.W.) LINE OF F.M.565, WIDTH VARIES, AS RECORDED UNDER
VOLUME (VOL.) 121, PAGE (PG.) 151 & PG. 214 OF THE CHAMBERS COUNTY DEED RECORDS (C.C.D.R.), AND VOL.
978, PG. 325, C.C.D.R., AND THE NORTHEAST R.O.W. LINE OF F.M. 2354, 120 FOOT R.O.W., AS RECORDED UNDER VOL.
191, PG.542,C.C.D.R.;
THENCE, NORTH 50 DEG. 17 MIN.52 SEC. EAST, ALONG THE SOUTHEAST R.O.W. LINE OF SAID F.M. 565, A DISTANCE OF
1,842.85 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR AN ANGLE POINT OF THE HEREIN
DESCRIBED TRACT;
THENCE, NORTH 50 DEG. 13 MIN.52 SEC. EAST, CONTINUING ALONG THE SOUTHEAST R.O.W. LINE OF SAID F.M. 565, A
DISTANCE OF 1,471.18 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE NORTH CORNER
OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 5/8 INCH IRON PIPE BEARS FOR REFERENCE NORTH 43 DEG. 16 MIN.
WEST, 1.2 FEET;
THENCE,SOUTH 39 DEG. 41 MIN.39 SEC. EAST, ALONG THE SOUTHWEST LINE OF TIFFANY ACRES SUBDIVISION,SECTION
2, AS RECORDED UNDER VOL. A, PG. 243, OF THE CHAMBERS COUNTY MAP RECORDS, AND OF A CALLED 21.000
ACRE TRACT OF LAND CONVEYED TO DAVID MICHAEL McADAMS AND JODIE L McADAMS, AS RECORDED UNDER
C.C.C.F. NO. 200310224, A DISTANCE OF 2,744.85 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND
ON THE WEST LINE OF A CALLED 2.000 ACRE TRACT OF LAND CONVEYED TO NORBERTO PAGAN AND DELIA PAGAN,
AS RECORDED UNDER VOL. 236, PG.460,C.C.D.R., FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT;
THENCE,SOUTH 02 DEG. 45 MIN.28 SEC. EAST, ALONG THE WEST LINE OF SAID CALLED 2.000 ACRE TRACT, PASSING AT
A DISTANCE OF 40.54 FEET THE NORTHWEST CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO VALENTIN
GARCIA AND HILDA A. GARCIA, AS RECORDED UNDER VOL. 236, PG. 474, C.C.D.R., AT 127.58 FEET THE NORTHWEST
CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO WYMAN TOD STEPHENS, AS RECORDED UNDER C.C.C.F. NO.
201058364, AT 243.28 FEET THE NORTHWEST CORNER OF A CALLED 2.00 ACRE TRACT CONVEYED TO GRACIELA
RENTERIA, AS RECORDED UNDER C.C.C.F. NO. 2017127912, AT 522.36 THE NORTHWEST CORNER OF A CALLED 1.9912
ACRE TRACT CONVEYED TO DENNIS RAY FETING, AS RECORDED UNDER C.C.C.F. NO. 19913177, AND CONTINUING
FOR A TOTAL DISTANCE OF 637.48 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED 115206" FOUND FOR THE
NORTHEAST CORNER OF A CALLED 7.965 ACRE TRACT CONVEYED TO NEQ INVESTMENTS, -LC, AS RECORDED UNDER
C.C.C.F. NO.200725110, AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 86 DEG. 48 MIN. 29 SEC. WEST, ALONG THE NORTH LINE OF SAID CALLED 7.965 ACRE TRACT, A
DISTANCE OF 1,085.42 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR THE NORTHWEST
CORNER OF SAID CALLED 7.965 ACRE TRACT,AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
SHEET 1 OF 2
THENCE, SOUTH 03 DEG. 11 MIN. 30 SEC. EAST, ALONG THE WEST LINE OF SAID CALLED 7.965 ACRE TRACT, A
DISTANCE OF 320.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR THE SOUTHWEST CORNER
OF SAID CALLED 7.965 ACRE TRACT, THE NORTHWEST CORNER OF A CALLED 8.6936 ACRE TRACT CONVEYED TO
ALBERT NEEL NELSON III, AS RECORDED UNDER C.C.C.F. NO. 2019141127,THE NORTHEAST CORNER OF A CALLED 8.66
ACRE TRACT CONVEYED TO NEQ INVESTMENTS, LLC, AS RECORDED UNDER C.C.C.F. NO. 200731212, AND THE MOST
SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 86 DEG. 48 MIN. 29 SEC. WEST, ALONG THE NORTH LINE OF SAID CALLED 8.66 ACRE TRACT, PASSING
AT A DISTANCE OF 1,150.00 FEET THE NORTHEAST CORNER OF A CALLED 1.9973 ACRE TRACT CONVEYED TO GENERAL
TELEPHONE COMPANY OF THE SOUTHWEST, AS RECORDED UNDER VOL. 307, PG. 642, C.C.D.R., AT 1,585.15 FEET THE
NORTHEAST CORNER OF A CALLED 2.1681 ACRE TRACT CONVEYED TO DAVID AND DONNA SCHAFFER, AS
RECORDED UNDER VOL. 27, PG. 509, C.C.D.R., AT 2,057.67 FEET THE NORTHEAST CORNER OF A CALLED 1.228 ACRE
TRACT CONVEYED TO JOHLAND INVESTMENTS LLC, AS RECORDED UNDER C.C.C.F. NO. 2016117950, AND
CONTINUING FOR A TOTAL DISTANCE OF 2,389.43 FEET (CALLED 2,389.16 FEET) TO A 5/8 INCH IRON ROD FOUND ON
THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354 FOR THE NORTHWEST CORNER OF SAID CALLED 1,228 ACRE TRACT,
AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, ALONG THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354, WITH A NON-TANGENT CURVE TO THE LEFT, HAVING
A RADIUS OF 5,789.58 FEET )CALLED 5,729.58 FEET), A CENTRAL ANGLE OF 04 DEG. 49 MIN.22 SEC. (CALLED 04 DEG.
51 MIN.24 SEC.), AN ARC LENGTH OF 487.31 FEET (CALLED 485.66 FEET), AND A CHORD BEARING AND DISTANCE OF
NORTH 37 DEG.57 MIN. 05 SEC. WEST, 485.51 FEET (CALLED NORTH 37 DEG.33 MIN.03 SEC. WEST, 485.51 FEET) TO A
CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR A POINT OF TANGENCY;
THENCE, NORTH 40 DEG.38 MIN. 16 SEC. WEST (CALLED NORTH 40 DEG. 21 MIN. 46 SEC. WEST), CONTINUING ALONG
THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354, PASSING AT A DISTANCE OF 846.53 FEET A CONCRETE MONUMENT
FOUND, AT 849.52 AN IRON ROD WITH ALUMINUM CAP STAMPED "H 1205", AND CONTINUING FOR A TOTAL
DISTANCE OF 857.53 FEET (CALLED 856.70 FEET) TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR
THE SOUTH END OF AFORESAID CUTBACK CORNER AT THE INTERSECTION OF THE NORTHEAST R.O.W. LINE OF SAID F.M.
cw 2354 AND THE SOUTHEAST R.O.W. LINE OF SAID F.M. 565, FROM WHICH A 5/8 INCH IRON ROD STAMPED "5206"
FOUND BEARS FOR REFERENCE SOUTH 12 DEG. 16 MIN, 1.2 FEET;
THENCE, NORTH 13 DEG. 53 MIN. 15 SEC. WEST, ALONG SAID CUTBACK, A DISTANCE OF 109.77 FEET (CALLED 111.07
FEET) TO THE POINT OF BEGINNING AND CONTAINING 191.6 ACRES OR 8,345,748 SQUARE FEET OF LAND
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09/16/2020
ROBERT KNESS
ROBERTKNESS "•:....•••''•""'••"�:"' DATE:
R.P.L.S.NO. 6486 6486
STATE OF TEXAS 9 'QFESS\0' 'O
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SHEET 2 OF 2
WINDROSE
LAND SURVEYING I PLATTING
TRACT XII-171.90 ACRES
A TRACT OR PARCEL CONTAINING 171.900 ACRES OR 7,487,976 SQUARE FEET OF LAND, SITUATED IN THE BENJAMIN WINFREE
SURVEY, ABSTRACT NO. 28, CHAMBERS COUNTY,TEXAS,BEING ALL OF A CALLED 171.900 ACRE TRACT OF LAND CONVEYED
TO AMERIPORT, LLC IN THAT CERTAIN EWARRANTY DEED FILE FOR RECORD UNDER CAMBERS COUNTY CLERK'S FILE
(C.C.C.F.) NO. 2018134001, WITH SAID 171.90 ACRE TRACT EBING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS, WITH ALL BEARING BEING BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
NAD 83;
BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET ON THE INTERSECTION OF THE NORTHEASTERLY
RIGHT-OF-WAY (R.O.W.) LINE OF NEEDLEPOINT ROAD (R.O.W. VARIES) AND THE NORTHWESTERLY R.O.W. LINE OF F.M. 565
(R.O.W. VARIES) AS RECORDED UNDER VOL. 121, PG. 151 AND 214, CHAMBERS COUNTY DEED RECORDS (C.C.D.R.) AND
VOL.978,PG.325,C.C.D.R.FOR THE SOUTHWEST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 28 DEG. 59 MIN. 14 SEC. WEST, ALONG THE NORTHEASTERLY R.O.W. LINE OF NEEDLEPOINT ROAD, A
DISTANCE OF 214.63 FEET TO 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT;
THENCE, NORTH 08 DEG. 03 MIN. 08 SEC. WEST, ALONG A CUTBACK, A DISTANCE OF 169.59 FEET TO A TXDOT MONUMENT
FOUND ON THE SOUTHWESTERLY LINE OF GRAND PARKWAY (S.H. 99) (R.O.W.VARIES) MARKING A NORTHWEST CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE, ALONG THE SOUTHEASTERLY R.O.W. LINE OF GRAND PARKWAY (S.H. 99),THE FOLLOWING FOUR (4) COURSES AND
DISTANCES;
NORTH 16 DEG. 55 MIN.00 SEC. EAST, A DISTANCE OF 766.59 FEET TO A TXDOT MONUMENT FOUND FOR A POINT OF
CURVATURE TO THE LEFT;
WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET, A CENTRAL ANGLE OF 19 DEG. 28 MIN. 27 SEC.,
AN ARC LENGTH OF 679.78 FEET, A CHORD BEARING AND DISTANCE OF NORTH 07 DEG. 10 MIN. 46 SEC. EAST-
676.51 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR A POINT OF TANGENCY;
NORTH 02 DEG. 33 MIN. 28 SEC. WEST, A DISTANCE OF 1,718.97 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"SET FOR A POINT OF CURVATURE TO THE RIGHT;
WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 6,888.29 FEET, A CENTRAL ANGLE OF 10 DEG. 02 MIN. I
SEC., AN ARC LENGTH OF 1,205.07 FEET, A CHORD BEARING AND DISTANCE OF NORTH 02 DEG. 27 MIN. 38 SEC.
EAST - 1,205.07 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING THE SOUTHWEST
CORNER OF A CALLED 7.87 ACRES (TRACT 11) CONVEYED TO BAT HAWK INVESTMENTS GROUP, L.P. AS C.C.C.F. NO.
2018138299,THE NORTHWEST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT;
THENCE,NORTH 87 DEG.39 MIN.30 SEC.EAST, ALONG THE COMMON LINE OF SAID 7.87 ACRES AND SAID 171.900 ACRES,A
DISTANCE OF 1,824.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING THE NORTHWEST
CORNER OF CALLED 43.23 ACRES CONVEYED TO GUY PFITZNER AS RECORDED UNDER VOL. 1573, PG. 416, C.C.D.R., THE
NORTHEAST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT FROM WHICH A CAPPED 5/8 INCH
IRON ROD STAMPED "COTTON" FOUND BEARS FOR REFERENCE SOUTH 80 DEG. 27 MIN. 12 SEC. WEST, A DISTANCE OF 0.59
FEET;
SHEET 1 OF 2
THENCE,SOUTH 02 DEG. 47 MIN. 36 SEC. EAST, ALONG THE COMMON LINE OF SAID 43.23 ACRES AND SAID 171.900 ACRES,
A DISTANCE OF 2,995.19 FEET TO A CAPPED 5/81NCH IRON ROD STAMPED "WINDROSE"SET ON THE NORTHWESTERLY R.O.W.
LINE OF SAID F.M. 565,FOR THE SOUTHWEST CORNER OF SAID 43.23 ACRES,THE SOUTHEAST CORNER OF SAID 171.900 ACRES
AND OF THE HEREIN DESCRIBED TRACT;
THENCE,SOUTH 50 DEG. 13 MIN. 52 SEC. WEST, ALONG THE NORTHWESTERLY R.O.W. LINE OF SAID F.M. 565, A DISTANCE OF
856.17 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206"FOUND MARKING AN ANGLE POINT;
THENCE, SOUTH 50 DEG. 17 MIN. 52 SEC. WEST, CONTINUING ALONG THE NORTHWESTERLY R.O.W. LINE OF SAID F.M. 565, A
DISTANCE OF 1,904.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 171.900 ACRES OR 7,487,976 SQUARE FEET OF
LAND.
OF
Ep•.
�•� %0'N 09/16/2020
i. .S... .................... ..
ROBERT KNESS
ROBERT KNESS •••:•••••••••••••••••••••••••• DATE:
R.P.L.S. NO.6486 6486 ��••'�.
STATE OF TEXAS �i�jO;�E'SS\O,• O
SUFt��
SHEET 2 OF 2
EXHIBIT B
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