Ordinance No. 14,858ORDINANCE NO. 14,858
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 CHAMBERS COUNTY LOGISTICS TERMINAL, L.P.;
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 Chambers County Logistics Terminal, L.P. 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 23rd day of September, 202
ANDO CAPE ILLO, ayor
ATTEST: o� 5NXTo�yV
f//"�\\ n r � eye ee •��
ANGELA CKSON Cit tFO0���
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
R:1Karen HomerlDocuments\Files\City Counci[%Ordinancesl2{12115eptember 231]DAwitliC]iambersCountyLogistiesTenninal.docx
Exhibit "A"
Industrial Distrid 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 Was "Baytown" or "City," and Chambers County Logistics Terminal,.
L.P., a Texas limited partnership, 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 beuveen 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:
1. 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" Tax Staternent Address:
Chambers County Logistics Chambers.County Logistics
Terininal, L.P. Terminal, L.P.
1919 S. FM 565 1919 S. FM 565
Baytown, TX 77523 Baytown, TX 77523
II.
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 2021 through =7, 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 subjectmatter specific to the term hereof.
IV.
Limited Wirnunity. from Annexation by the City.
In consideration of the obligations of the Property Owner herein set forth, the City hereby
guarantees for the to n 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 thud 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.
lndustiriai District Payment
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.31 .of each year -during the term hereof
a.sum of money equal to:
(1): the fair market value as agreed to and stipulated by the parties to be as follows
for each.yearindicated:
2
2421
$410.t 3b8-00
2022
$41;601,368.00
2023
$41601,368.-00
2024
$41,601,368.00
2025
$41,601,368.00
2026
$41,601368.00
2027
$411*601,368.00
hereinafter referred to as the "Base Value," multiplied by
(2) the property:tax rate per. $100.00 of assessed valuation adopted by the City:
Council .for the City, multiplied by the applicable Yearly Payfnent Rate as detailed
below:
TAX YEAR
YEARLY
PAYNIENT
RATE.
2021
.66
2022
.66
2023
.66
2024
.66
2025
.66
2026
.66
2027
.66
plus.
(3) the value of the situs inventory; which.is the personal property.and inventory stored
or held on or within, the affected property which is. not owned by the Property
Owner, as assessed each year by the Chambers Courity Appraisal District,
multiplied by
(4) the property tax. rate per. '$100.00 of assessed valuation adapted by the City
Council for the'City, multiplied by 0.50, and multiplied by the applicable Yearly
Payment Rate. as detailed below:
YEARLY
TAXYEAR PAYMNT
RATE
2021 .66
2022 .66
TAXYEAR.
LY
YEARLY
PAYMENT
RATE
2023
.66
2024
.66
2025
.66
2026
.66
2027
.66
On .or before February. 11 of each contract year during the term of this Agreement, the
Property Owner shall file a written information. report with the City's iairector. of Finance stating
the .name and address of -each person to whom the Property Owner leased or otherwise provided
storage space on January *1 of each contract year.
Vl.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible properly, 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. theamounts 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 terraof 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 rriarket 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:.
1. use income and expense data pertaining to theproperty, 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. determine 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 'Subsectioris B 'and C of this section shall be determined. in
accordance with the market value computation contemplated in the Texas Property Tax .Code
for the purpose of calculating the Property Owner's payrnen#under this Agreement on properties
annexed or disannexed subsequent to the commencement of this. Agreement. The City may
choose to use .the appraised value as finally determined by the Chambers County Appraisal
District (or through administrative or judicial appeal of the Chambers County Appraisal
District's determination), or by appraisal conducted by an independent - appraiser of the City's
selection at the City's expense. The.dete. ination 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 H a r r i s..
County, Texas, as :provided for by Section :XIII hereof. Nothing contained herein shall ever
be construed as in derogation..of the authority of the Chambers County Appraisal District to
establish the .appraised value of land, improvements, and tangible personal property in the
annexed portion for -.ad valorem tax purposes.
B.
Adiustment.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 daring the term of this. Agreement, shall
become part of the. affected area immediately upon disannexadon. The value far such disannexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the:property is disannexed and shall
be added to the Base Value specified in Article V each year after the disannexation for purposes
of payment hereunder.
C.-
Adjustment of Base Value: for ProRerty 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 .determined. as described in
Subsection A.of this Section based upon the year in which the property is annexed and shall be
subtracted from the Base Value. specified in Article V each year after the annexation for purposes
of payment hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 of each
year showing the total amount due on December. 31 of such year pursuant to this Agreement.
Such statement shall be mailed to the "Tax Statement Address" noted in this Agreement.. Any
amounts due on.December 31 that are not paid when due shall become delinquent on January 1
of the following year, Provided, however, if the. tax statement is mailed after December
10, the delinquency date is postponed to the first day of the next month'.that will provide a period
of at least 21 days .after the date. of mailing for payment of the, amount due. Delinquent
amounts shall be immediately subject to .the same penalties, interest, attorneys' fees and costs of
collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall
have a lien upon the Property Owner's land within the affected area upon any delinquency in the
Industrial District Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined
by the due date of the Property Owner's payment hereunder and the Property Owner is
pursuing through a declaratory judgment action as specified in Subsection A, the Property Owner
shall, without. prejudice to such action, pay to the City by 'Decembet 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 form notifieationthat 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.
VII.
Contpliance 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 Ahat 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, at
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 permits of :any kind from the City -in connection with the
construction,, operation or maintenance of .improvements and facilities in'the. affected area: not
Iodated within the corporate hinits:of the City* Nonetheless, the Property Owner agrees that any
structure built within 'the affected area shall be built-in accordance with the building code adopted
by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial
districts are subject to regulation by other governmental entities, including the state and federal
governments.and their various departments and agencies. The City and the Property Owner
also recognize that the City may have an interest in activities in the City's-industrial districts that
are regulated by other governmental entities. Nothing in this Agreement. is .intended to limit:the
City's right and authority to communicate its- interest in, or opposition -to, those activities to the
Applicable, regulatory agencies or to. participate, 'to the extent allowed by law, in any related
administrative or, judicial proceeding.
VIII..
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 PropertyTax Code as amended.
IX.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance -.of any of the terms of
this Agreement, including -the obligation to make the payments above provided for, the City shall
have the option, -if such default is not fully corrected within sixty (60) days from the giving of
written notice of such default to the Property .Owner to either (i) declare this Agreement
terminated or (ii) continue the term of this Agreement and collect, the payments required
hereunder. Notwithstanding any to the contrary contained herein, should the City determine
the Property Owner is in .default according th. the terms 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 defaulf: under Section VII for
causes beyond the: Property r 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 Cit
In the event of default by the City, the. Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate. this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved of
all 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 eve6t oftertnination, the City
shall have the.right to repeal the ordinance designating tho affected area as an industrial district.
Provided, however, If the termination occurs as a result of the Citys 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 valorem taxes for any part of the period covered by.the property Owner's last
payment hereunder.
X.
Notice
Any notice. -to the Property Owner .or the City concerning .the matters to which the
Agreement relates may :be given in writing by registered or certified mail addressed to the
Property Owner or the City at the appropriate respective addresses set forth on the cover page of
this Agreement. Any such notice in writing may be given in any other manner. If given by
registered or certified mail, the notice shall. be .effective when 'mailed. With the exception of
annual bills for payments. due herein, notice given :in any other manner shall be effective when
received by.the:PropertyOwner or the City, as:ihe case may be.
XI.
No Further Expansion of Taxigg 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, oe'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 Ownnees property in the affected
area during the term -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 ("CAA") or similar
organization, the Property Owner shall reimburse 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 CB4A or such similar organization is organized and
operates. If the Property Owner requests and receives mutual aid firefighting assistance and is
not a member ofCIMA or a sirnilar'orgariization, then the Property Owner shall be required to
reimburse the Cityfor costs.actually expended by the City in providing.any firefighting assistance
to the Property Owner;. including chemical and personnel costs.
XIU_
Declaratory Judonent 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 Judgment determining said controversy and the cause
shall be tried as other civil causes. 9 the controversy affects an Industrial District Payment,
the Property.Owner shall, pending fnal.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 determination of the controversy
beyond any further appeal.
XIV.
Assignment
This Agreement shall 'not bestow any rights .upon any third party, but rather, shall bind
and benefit the.Property:Owner and the City only. If the Property Owner conveys all or any part
of the property then covered hereby, the Property Owner shall notify the City within 30 days of
the conveyance and shall thereafter. cease to be obligated with respect to the property so conveyed
and the Base Value shall be apportioned between the Property Owner and the grantee based upon
the property conveyed, only*- if the grantee thereof enters into an Industrial District. Agreement
with the City with respect- to such property. so. conveyed. No. right or obligation under this
Agreement .may be sold, assigned of 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 Agredment on behalf of the
parties hereby represent that such officers have full authority to execute this Agreement and
to bind the party he represents.
XVI.
No.'Muniaipal Services
It. is agreed that during. the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to '.the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Seyerability
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement .shall '.be. reformed so. as .to
comply with applicable law. If it is not possible. to so reform such provision, covenant, obligation
or agreement, such :determination shall. not affect any .other. provision, covenant, obligation or
agreement, each of 'Which. shall be .construed and .enforced :as if the invalid' or unenforceable.
portion were not contained herein. Provided, further that such invalidity or unenforceabilityshalI
not affect any valid and enforceable provision thereof, and each such provision, covenant,
obligation or agreement shall be deemed to be. effective, operative, made,.entered into or taken in
the manner and to the full extent permitted by law. Notwithstanding "the above, if the
application of this .Section XVII'requires reformation or revision of any term 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 A ear ement
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.
M.
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 beconsidered a waiver of the right to insist on and to enforce by in
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance:
XX.
Ambiguities .
In the event of any ambiguity in any. -of -the terms of this. Agreement, it, shall not be
construed for or against any party hereto on the basis that such party did.or did not author the
same.
XXT.
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.
-XX111.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by
the terns and conditions of.this Agreement.
11
IN WITNESS WHEREO�this Agre ent is executed in multiple counterparts on behalf
of the Property Owner this ay of (ems' 2021, and on behalf
of the City thisay of , 2021.
CHAMBERS COUNTY LOGISTICS
TERMINAL, L.P.,
By CHAMBERS COUNTY
ASSOCIATES, INC., its general partner Yt
f /
By.
4G��tctu �
Printed Name
n1QC-e�o��
f11I<c_ I b(
Title
STATE OF §
COUNTY / §
Before me, / !/ the undersigned notary public,
on this day persona ly appeared the of
Chambers County Logistics Termina P., the owner of the affected property, known tome to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same for the purposes, in the capacity, and fo� the consideration therein
expressed.
SUBSCRIBED AND SWORN before me thiday of A� , 2021.
°o° ALLISON DARDEN
Notary ID #1301e4775 Notary Public in and or the State of
My Commission Expires
March 24. 2023
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
12
ATTEST:
ANGELA JACKSON, City Clerk -
.-APPROVED AS'TO FORM:
'KAW- L H91NER, City Attorney
VICTOR BikOWNLEES, Pittance -Director
Mam AndeMnill?AkX2(i212027VDA-ChambetscbuntyLoijisticsT.eminaM;dstingIDA2021*.doex
13
Exhibit "A"
53.26 acres
Chambers County
Texas
A tract of land containing 53.26 acres being out of a called 81.6883 acre tract of land described in deed
of record in Volume 1318, Page 349, Chambers County Deed Records, a called 56.3919 acre tract of land
described in deed of record in Volume 936, Page 731, Chambers County Deed Records, and a called
443.65 acre tract of land described in deed of record in Volume 1291, Page 256, of the Deed Records of
Chambers County, lying and being situated in the B.B.B. & C. R.R. Company Survey, Abstract No. 61,
Chambers County, Texas and being more particularly described by metes and bounds as follow:
COMMENCING at a found 5/8-inch iron rod marking the intersection of the north right-of-way line of
F.M. Highway 565, (variable width) with the west line of Chambers County School Land Survey, Abstract
No. 321, same being the east line of the aforesaid B.B.B. & C. R.R. Company Survey, the southeast corner
of the'aforesaid called 443.65 acre tract of land and the southwest corner of the aforesaid called
444.7717 acre tract of land;
THENCE, in a SOUTHWESTERLY direction along the north right-of-way line of F.M. Highway S65,(variable
width) and a south line of the said called 443.65 acre tract of land and following the arc of a curve to the
left having a radius of 1949.81 feet, a central angle of 02° 34' 25", a distance of 87.58 feet to a set 5/8-
inch iron rod with Tri Tech cap marking the end of said curve:
THENCE, S 780 34' 20" W, continuing along the north right-of-way line of F.M. Highway 565, (variable
width) and a south line of the said called 443.65 acre tract of land a distance of 556.14 feet to the POINT
OF BEGINNING and southeast corner of herein described tract;
THENCE, 5 78° 34' 20" W, continuing along the north right-of-way line of F.M. Highway 565, (variable
width) and a south line of the said called 443.65 acre tract of land a distance of 191.75 feet to a point
marking the southwest corner of herein described tract;
THENCE leaving right-of-way of said F.M. Highway 565 across the said 443.65 acre tract the following
calls:
THENCE, N 13° 13' 32" E a distance of 419.01 feet to a point
THENCE, N 12° 07' 43" E a distance of 934.03 feet to a point
THENCE, N 07° 29' 28" E a distance of 1197.65 feet to a point
THENCE, S 78" 36' 33" W a distance of 1468.61 feet to a point
THENCE, N 11° 23' 27" W a distance of 440.02 feet to a point
THENCE, S 78" 36' 33" W a distance of 1149.51 feet to a point
THENCE, 5 65" 34' 46" W at a distance of 497.65 feet cross into said called 56.3919 acre tract
and continuing along the same course a total distance of 2214.52 feet to a point being on the north of a
called 92.8172 acre tract of land described in deed of record in Volume 1287, Page 14, of the Deed
Records of Chambers County, Texas, for corner;
THENCE, S 78° 34' 04" W, along the north line of the said called 92.8172 acre tract of land same being
the south line of the said called 59.3919 acre tract of land a distance of 577.57 feet to a found 5/8-inch
iron rod marking the northwest corner of the said called 92.8172 acre tract of land same being the
southwest corner of the said called 59.3919 acre tract of land, on the east line of a 50 food Railroad
Tract as described in deed of record in Volume 180, Page 610 of the deed records of Chambers County,
Texas:
THENCE, N 12° 04' 05" W, along the west line of said called 59.3919 acre tract of land and the aforesaid
50 foot wide Railroad Tract a distance of 1066.05 feet to a found 5/8-inch iron rod marking the
northwest corner of the said called 59.3919 acre tract of land;
THENCE, 5 76° 45' 09" W, a distance of 50.01 feet (called 50.03 feet) to a point for the northeast corner
of a called 12.59 acre tract of land described in deed of record in Volume 7", Page 284 of the deed
records of Chambers County, Texas and the southeast corner of a called 20.777 acre tract of land
described in deed of record in Volume 921, Page 607 of the deed records of Chambers County, Texas,
found %-inch iron rod bears S 64° W — 0.4;
THENCE, N 12.11' 52" W, a distance of 1120.65 feet (called 1120.31 feet) to a found''/: -inch iron rod
marking the northeast corner of the aforesaid called 20.777 acre tract of land and the southeast corner
of a called 21.097 acre tract of land described in deed of record in Volume 1421, Page 1, of the deed
records of Chambers County, Texas;
THENCE, N 77- 27' 17" E, a distance of 50.00 feet to a set 5/8-inch iron rod with Tri Tech cap (found %-
inch iron rod with "BHA INC.' cap N 78° W--OW) marking the southwest corner of the aforesaid called
81.6883 acre tract of land;
THENCE, N 12- 02' 02" W, along the west line of the said called 81.6883 acre tract of land and the east
line of said 50 foot Railroad Tract a distance of 1144.56 feet to a found %-inch iron rod with cap
(unreadable) marking the northeast corner of said Railroad Tract;
THENCE, N 77° 27' 54" E, at a distance of 25.00 feet pass a set 5/8-inch iron rod with Tri Tech cap
marking the southeast comer of a Railroad Tract described in deed of record in Volume 181, Page 550,
of the deed records of Chambers County, Texas and continue along the same course a total of 94.99 feet
to a point for corner;
THENCE across the said 81.6883 acre tract, 56.3919 tract and 443.65 acre tract the following calls:
THENCE, 5 11° 23' 27" E a distance of 2607.61 feet to a point;
THENCE, S 33- 05' S5" E a distance of 532.18 feet to a point;
THENCE, 5 80° 03' 00" E a distance of 406.00 feet to a point;
THENCE, N 66" 55' 35" E a distance of 931.22 feet to a point;
THENCE, N 11' 23' 27" W a distance of 387.93 feet to a point;
THENCE, N 78" 36' 33" E a distance of4118.01 feet to a point;
THENCE, S 07" 16' 54" W a distance of 1837.53 feet to a point;
THENCE, 512° 06' 45" W a distance of 967.47 feet to a point;
THENCE, 5 00- 54' 08" W a distance of 349.75 feet to the POINT OF BEGINNING and containing
53.26 acres of land.
1.) BEARINGS ARE GRID WITH DISTANCES BEING TRUE BASED UPON TEXAS STATE PLANE COORDINATE
SYSTEM SOUTH CENTRAL ZONE (4204).
2.) THE SQUARE FOOTAGE AND ACREAGE VALUES SHOWN HEREON ARE MATHEMATICAL VALUES
CALCULATED FROM THE BOUNDARY DATA SHOWN HEREON. THESE VALUES IN NO WAY REPRESENT THE
PRECISION OF CLOSURE OF THIS SURVEY OR THE ACCURACY OF BOUNDARY MONUMENTS FOUND OR SET.
This document was prepared under 22 TA §663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of
the boundary of the political subdivision for which it was prepared.
// z
COD L. C NDRON, R.P.LS. NO.5899
SU EY OPERATIONS MANAGER
GLOBAL SURVEYOR, INC.
10401 WESTOFFICE DRIVE
HOUSTON, TEXAS 77042
8-13-14
JOB NO.8392-13 ' �' d'•
CODY L CONDRON
y 5899