Ordinance No. 15,053 ORDINANCE NO. 15,053
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 4000 CEDAR BLVD, LLC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial
District Agreement with 4000 Cedar Blvd, 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 10`h day of March, 2022.
ANDON CAPETILL , Mayor
ATTEST: YTO
Wa;�F Vo ;N
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ANGELA ACKSON, City e�t
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APPROVED AS TO FORM:.
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TREVOR FANNING, Interim City Attorney
R:Karen Anderson ORDINANCES 2022 2022-03.10 IDAwrthCedarBlvdLLC.docx
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 4000 Cedar Blvd, 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:
4000 Cedar Blvd, LLC 4000 Cedar Blvd, LLC
Attention: Matthew Reich Tax Department
172 S Broadway 172 S Broadway
White Plains,NY 10605 White Plains,NY 10605
11.
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 2022 through 2028, 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 31 st of each year during the term hereof a
sum of money equal to: The Base Value Industrial District Payment plus the Added Value
Industrial District Payment. The sum of the Base Value Industrial District Payment plus the Added
Value Industrial District Payment shall be referred to as the Industrial District Payment.
A.
Base Value 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:
2022 $18,106,567.00
2023 $19,629,490.00
2024 $21289,476.00
2025 $23,098,861.00
2
727$29,564,026.00
,071,090.00
2 00,820.00
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:
YEARLY
TAX YEAR PAYMENT
RATE
2022 .66
2023 .66
2024 .66
2025 .66
2026 .66
2027 .66
2028 .66
plus
B.
Added Value Industrial District Payment
The Added Value Industrial District Payment shall be calculated as follows:
(1) the fair market value,as determined by the City,of all of the Property Owner's land
and all other tangible property, real,personal or mixed,within the affected area on
January 1 of each year in which an Industrial District Payment is due hereunder
minus the Base Year Value,hereinafter referred to as the"Added Value,"multiplied
by
(2) the property tax rate per$100.00 of assessed valuation adopted by the City 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:
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ADDED VALUE
TAX YEAR INDUSTRIAL
DISTRICT PAYMENT
RATE
2022 .00
2023 .00
2024 .25
2025 .35
2026 .45
2027 .55
2028 .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:
I. 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.
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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.
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 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.
Adiustment 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 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
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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 twenty-one (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 December 31 of each year (subject to
the exception in the preceding paragraph for statements mailed after December 10), such amount
as is provided in the Texas Property Tax Code, as amended throughout the term of this
Agreement, for payments made under such conditions by owners of property within the general
corporate limits of the City subject to ad valorem taxation. Any refund payable by the City
to the Property Owner hereunder shall be paid within sixty(60)days after receipt by the City of
both (i) Chambers County Appraisal District's formal notification that the appraised value of the
property has been reduced and (ii) 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 sixty (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
6
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.
The City and the Property Owner recognize that activities in the City's industrial districts
are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner also
recognize that the City may have an interest in activities in the City's industrial districts that are
regulated by other governmental entities. Nothing in this Agreement is intended to limit the City's
right and authority to communicate its interest in,or opposition to,those activities to the applicable
regulatory agencies or to participate,to the extent allowed by law, in any related administrative or
judicial proceeding.
VIll.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's premises
and the same right to examine the Property Owner's books and records to determine the value of
the Property Owner's properties as are provided in the Texas Property Tax Code as amended.
IX.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the 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.
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B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within sixty(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 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
8
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.
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 they represent.
9
XVI.
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.
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.
XIX.
Non-waiver
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy,strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
10
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.
XXI.
Headings
The headings appearing at the first of each numbered section in this Agreement are inserted
and included solely for convenience and shall never be considered or given any effect in construing
this Agreement or any provision hereof, or in connection with the duties,obligations or liabilities
of the respective parties hereto or in ascertaining intent, if any question of intent should arise.
XXII.
Choice of Law, Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City,regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County,Texas.
XXIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
IN WITNESS WHEREOF his Agreement is executed in multiple counterparts on behalf
of the Property Owner this , day of v\ , 2022, and on behalf of the
City this day of ,2022.
4000 CEDAR BLVD,LLC
rj Z- ei',(-�n
Printed N e
Title
1l
STATE OF t�.X-w loyAt- §
COUNTY OF_ WfLSTC u sr §
Before me, "wrct,.� f; G-�t t , the undersigned notary public,
on this day personally appeared �,,� Q �L , the G.v konA�! 5
of 4000 Cedar Blvd, LLC,the owner of the affected property,known to me to be the person wh
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 this V day of 72022.
LAWRENCE BENJAMIN GILL o y Public in and for the
Notary Public-State of New York State of Mcc l,-a )1a _
No.01GI6422954
Qualified in New York County
M Comm.Ex Tres Oct.4,2025
CITY OF BAYTOWN
BRANDON CAPETILLO,Mayor
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
TREVOR FANNING, Interim City Attorney
VICTOR BROWNLEES,Finance Director
R Karen Anderson\1DAs\2022-2028VDA-4000 Cedar Blvd,LLC NewIDA2022(Non-Logistics)docx
12
EXHIBIT "A"
METES &BOUNDS DESCRIPTION
PARCEL "A"
19.3150 ACRES BEING ALL OF
ALL OF LOTS 21 THRU 27
CEDAR CROSSING BUSINESS PARK
CHAMBERS COUNTY, TEXAS
All that certain 19.3150 acres of land being all of Lots 21 thru 27, Cedar Crossing Business Park,
according to the plat thereof filed in the Map Records of Chambers County, Texas in Volume "A", Page
120 and being all that certain called Lots 21 thru 27 described in a deed dated 06-13-2014 from Baytown
Long Ball, L.P. to Centerpoint Cedar Crossing LLC filed in the Deed Records of Chambers County, Texas
in Volume 1499, Page 483 and being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2"iron rod with cap marking the northeast corner of said Lot 21 and being on
the south right-of-way line of Cedar Boulevard(200'wide at this point);
THENCE S 00'00' 01" E - 399.93',with the east line of said Lot 21 to a found 1/2" iron rod with cap
for corner;
THENCE S 89"59'43"W - 2,111.43', with the south line of said Cedar Crossing Business Park to a
found 1/2" iron rod with cap for corner;
THENCE N 00-00' 36" E - 379.98',with the west line of said Lot 27 to a found 1/2" iron rod with cap
for corner and being a point on a curve to the right having a central angle of 040 52'34", a radius of
5,694.58', a chord bearing of N 870 37'22" E—484.50';
THENCE with said curve to the right and with said south right-of-way line(70'wide at this point) for an
arc distance of 484.64'to a found"X"in concrete for the Point of Tangency;
THENCE N 890 59' 56" E - 1,627.28', continuing with said south right-of-way line to the POINT OF
BEGINNING of the herein described tract and containing 19.3150 acres, more or less.
Compiled from a survey by:
PREJEAN &COMPANY, INC.
Job No. 41-724
Date: 11-11-2021
METES &BOUNDS DESCRIPTION
PARCEL"B"
46.5268 ACRES BEING OUT OF
RESTRICTED RESERVE"A"
CEDAR CROSSING PHASE II
CHAMBERS COUNTY, TEXAS
All that certain 46.5268 acres of land being out of Restricted Reserve"A", Cedar Crossing Phase II,
according to the plat thereof filed in the Map Records of Chambers County, Texas in Volume"B", Page
112 and being all that certain called 28.682 acres, 11.290 acres and 6.5625 acres described in a deed
dated 06-13-2014 from Baytown Long Ball, L.P. to Centerpoint Cedar Crossing LLC filed in the Deed
Records of Chambers County,Texas in Volume 1499, Page 483 and being more particularly described
by metes and bounds as follows:
BEGINNING at a found 1/2"iron rod with cap marking the northeast corner of said 11.290 acre tract and
being on the west right-of-way line of F. M 1405(300'wide);
THENCE S 3°09' 13" E - 913.28', with said west right-of-way line to a found 1/2"iron rod for corner
for the north end of a 25' radius cut back for the intersection with the north right-of-way line of West
Greenwood(100'wide)and being a point on a curve to the right having a central angle of 930 09'06, a
radius of 25.00', a chord bearing of S 43 °25'22"W—36.31';
THENCE with said curve to the right and with said cutback line for an arc distance of 40.65'to a found
1/2" iron rod for the Point of Tangency;
THENCE S 890 59' 53"W - 928.41', continuing with said north right-of-way line to a found 1/2" iron
rod for corner;
THENCE N 000 00' 07"W - 338.28', with the most southerly west line of said 28.682 acre tract to a
found 60D Nail for corner;
THENCE N 890 59'44"W - 1,925.45', with the south line of said 28.682 acre tract to a found 1/2"
iron rod for corner;
THENCE N 000 02' 56"W - 599.78', with the most northerly west line of said 28.682 acre tract to a
found 5/8"iron rod for corner;
THENCE N 890 59' 53" E - 2,829.10', with the north lines of said 28.682 acre tract and 11.290 acre
tract to the POINT OF BEGINNING of the herein described tract and containing 46.5268 acres, more or
less.
Compiled from a survey by:
PREJEAN &COMPANY, INC.
Job No. 41-724
Date: 11-11-2021