Ordinance No. 14,912ORDINANCE NO. 14,912
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 P8/CPL 1 PROPCO, 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 P8/CPL 1 Propco, 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 14t1i day of October, 2021.
RANDON CAPETILL , Mayor
ATTEST: �oF epYTOtyN ��
n � I A %N
ANGELA ACKSON, City C
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FOF�V
APPROVED AS TO FORM:
C
KAREN L. HORNER, 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 P8/CPL 1 Propco, 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:
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 Statement Address:
P8/CPL 1 Propco, LLC P8/CPL 1 Propco, LLC
c/o Avera Companies Two Seaport Lane
Attn: Rick Kight Boston, MA 02210
7880 San Felipe, Suite 250
Houston, TX 77063
IT.
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 2027, 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 term hereof.
IV.
Limited Immunity from Annexation by the City
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
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 Paymentplus 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 Industrial 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:
2021
$27 305 920.00
2022
$27 305 920.00
2023
$27 305 920.00
2 224
$27 305 920.00
7202025 $27,305 920.00
2026 $33 000 000.00
27 $33,000 000.00
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 Payment Rate as detailed
below:
TAX YEAR
YEARLY
PAYMENT
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 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
2021
.66
2022
.66
2023
.66
2024
.66
2025
.66
2026
.66
2027
.66
On or before February I` of each contract year during the term 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 l" of the preceding year.
Additionally, if the Property Owner on or before July 1" 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 subsections (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 situs property fail to
timely pay that portion of the Base Value Industrial District Payment calculated pursuant to
subsections (3) and (4) of 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 S 100.00 of assessed valuation adopted by the City Council
for the City for each year of the 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
INDUSTRIAL
TAX YEAR
DISTRICT PAYMENT
RATE
2021
.00
2022
.00
2023
.25
4
ADDED VALUE
INDUSTRIAL
TAX YEAR
DISTRICT PAYMENT
RATE
2024
.35
2025
.45
2026
.55
2027
.66
If the formula used in calculating the Added Value Industrial District Payment produces a
negative number, then the Added Value Industrial District Payment shall be $0.00.
VI.
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 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 term 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:
1. use income 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. 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 Subsections 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 payment 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 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 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.
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 term of this Agreement, shall become
part of the affected area immediately upon disannexation. The value for 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 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 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 I" of each
year showing the total amount due on December 3 1 " 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 3 1 " 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`h, 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
N
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 such determination 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 3151 of
each year (subject to the exception in the preceding paragraph for statements mailed after
December 10`h), 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 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.
VII.
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 permits 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 time of construction.
7
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 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 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 anything to the contrary contained herein, should the City determine the Property
Owner is in default according to 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 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 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
N.
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
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
Property Owner or the City, as the case may be.
XI.
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 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 ("CIMA") 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 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.
0
XIII.
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 Judgment 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 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 thirty (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 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 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 parties
hereby represent that such officers have full authority to execute this Agreement and to bind the
party he represents.
XV1.
No Municipal 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.
F
XVII.
SeverabilitY
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 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 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 Agreement
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 be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
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.
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 WHEW, this A ement is executed in multiple counterparts on behalf
of the Property Owner this 6--' day of f , 2021, and on behalf of the City
this _ day of , 202 .
PS/�OPCO, C
111111hhhhhh T•�
By �
f/,%CTV,
Printed
rt�Name y
Title C IZe
Title
'
STATE OFF_ §
COUNTY OF r; §
Before me,"C titi rj n 4Fnp1•,ar Cou L�%- the undersigned notary public,
on this day personally appeared . 7j the
of P8/CPL 1 Propco, LLC, the owner of the;iffecled property, known to me to be the person wh se /
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me thi?Adlay of Seorlembe'r 2Q
otary Public in and the State 07;9�q f
12
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
VICTOR BROUINLEES, Finance Director
R.Waren Anderson\IDAs12021-202711DA-P8.CPL l Propeo, LLC NewIDA202i.doex
13
EXHIBIT A Page 1 of 2
Metes and Bounds Description
Of 40.766 Acres of Land
Out of The
John Steele Survey, Abstract No. 227
Chambers County, Texas
BEING a 40.766 acre tract of land located in the John Steele Survey, Abstract No. 227, Chambers County, Texas,
being a portion of that 1607 acre (by deed) tract of land described as "Tract 4" conveyed unto Cedar Crossing,
L.P. by deed recorded in Volume 15351 Page 85, of the Official Public Records of Chambers County, said 40.766
acre tract being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found at the south cutback corner in the east right-of-way line of Farm to
Market Road 1405 (a public right-of-way of varying width) as recorded in Volume 361, Page 200, of the Deed
Records of Chambers County, Texas and in the north right-of-way line of the Grand PcIrkway (AKA State Highway
99) (a public right-of-way of varying width) as recorded in Volume 650, Page 348, of the Official Public Records
of Chambers County, Texas, said rod marking the southerly southwest corner of that 11.758 acre (by deed) tract
of land described as Tract 2, Part 1 conveyed unto the Cedar Crossing, Limited Partnership by deed recorded in
Volume 650, Page 579, of the Deed Records of Chambers County, Texas; THENCE, North 85 degrees 31 minutes
41 second East, with the south line of said 1607 acre tract, the south line of said 11.758 acre Tract 2, Part 1 and
with the south line of that 0.1414 acre (by deed) tract of land described as Tract 2, Part 2 conveyed unto the
Cedar Crossing, Limited Partnership by deed recorded in Volume 650, Page 579, of the Deed Records of
Chambers County, Texas all being common with the north right-of-way line of said Grand Parkway, for a distance
of 1,118,69 feet, to a 5/8 in iron rod found marking the southeast corner of said 0.1414 acre Tract 2, Part 2;
THENCE, North 85 degrees 30 minutes 21 seconds East, with the south line of said 1607 acre tract, for a distance
of 1,393.70 feet, to an aluminum cap stamped "TXDOT' found for a point on a curve to the left having a central
angle of 00 degrees 08 minutes 24 seconds, a radius of 16,996.14 feet and a chord bearing of North 85 degrees
28 minutes 19 seconds East and a chord length of 41.53 feet; THENCE, continued with south line of said 1607
acre tract common with said north right-of-way line of the Grand Parkway and with said curve to the left, for an
arc distance of 41.53 feet, to an aluminum cap stamped "TXDOT' found for the end of the curve; THENCE, North
85 degrees 22 minutes 44 seconds East, continuing with said south line of said 1607 acre tract, for a distance of
14.50 feet, to a 5/9 inch iron rod with cap stamped "GORRONDONA" set for the southwest corner and the
POINT OF BEGINNING of the herein described 40,766 acre tract;
THENCE.. North 05 degrees 03 minutes 56 seconds East, for a distance of 2,197.56 feet, to a 5/8 inch iron rod
with cap stamped "GORRONDONA" set for the northwest corner of the herein described 40.766 acre
tract;
THENCE, North 86 degrees 02 minutes 55 seconds East, for a distance of 727.75 feet, to 5/8 inch iron rod with
cap stamped "GORRONDONA" set for the northeast corner of the herein described 40.766 acre tract;
THENCE, South 04 degrees 52 minutes 59 seconds East, for a distance of 614.29 feet, to 5/8 inch iron rod with
cap stamped "GORRONDONA" set for an angle corner in the east line of the herein described 40.766
acre tract;
CORRONDONA & ASSWAU-S, INC. • 4641 KENNEDY COMMERCE DRIVE HOUSTON, TEXAS 77032 6 291-469-3347 FAX 291469.3594
TEXAS SURVEYING FIRM BRANCH REGISTRATION NO. 10106902
Page 2 of
THENCE, South 05 degrees 03 minutes 38 seconds West, for a distance of 1,565.73 feet, to 5/8 inch iron rod
with cap stamped "GORRONDONA" set for the southeast corner of the herein described 40.766 acre
tract located in the south line of said 1607 acre tract in common with said north right-of-way line of
the Grand Parkway;
THENCE, South 85 degrees 22 minutes 44 seconds West, with said south line of said 1607 acre tract common
with said north right-of-way line of the Grand Parkway, for a distance of 836.96 feet, to the POINT OF
BEGINNING and containing 40.766 acres (1,775,751 square feet) of land, more or less.
This property description is accompanied by a separate plat of even date.
All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD83.
All distances and areas are surface.
Job No. TGSI1803.00.00 qF.
Date: July 26, 2018
' 'tC9 M
i_17ta�
Ja es M. "Matt" Ewing J`ruf` `o. t
Tex s Registered Professional Land Surveyor 1. �/ I li-„
RPLS No. 4892
Gorrondona and Associates, Inc.
Texas Surveying Firm Branch Registration No. 10106902
11710 North Freeway, Suite 700
Houston, TX 77060
281.469.3347
TGSI1803.00_m b_R2.doc
GORRONDONA R ASSOCIATES. INC. • 4641 KENNEDY COMMERCE DRIVE HOUSTON, TEXAS 7703? . 281469-1347 FAX 281469-3594
TEXAS SURVEYING FIRM URANCH REGISTRATION NO. 10106902