HomeMy WebLinkAboutPR 18717: IDA WITH GT LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES P. R. NO. 18717
11/07/14 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GT
LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES
WHEREAS, the City Council of the City of Port Arthur deems it
in the best interests of the citizens of Port Arthur to enter into
an Industrial District Agreement with GT Logistics LLC and Golden
Triangle Properties pursuant to Sections 42 . 044 and 212 . 172 of the
Texas Local Government Code, and Article 1, Sections 5 and 6 , of
the City' s Charter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct .
Section 2 . That the City Council hereby authorizes the
City Manager to execute an Industrial District Agreement with GT
Logistics LLC and Golden Triangle Properties with an "In Lieu of
Payment" equal to ninety five percent (95%) of the Taxable Value,
in substantially the same form as attached hereto as Exhibit "A" .
Section 3 . That GT Logistics LLC and Golden Triangle
Properties shall sign and return the Agreement by the close of
business on Thursday, November 20, 2014 , or this Resolution is null
and void and the property described herein is annexed, effective
December 31, 2014 at 11 : 59 p.m.
s.pr18717
Section 4 . That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of November, A. D. ,
2014, at a Meeting of the City Council of the City of Port Arthur,
by the following vote : AYES :
Mayor:
Councilmembers : ,
NOES: .
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
\61 4/1A(--)
CITY AT O EY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
TO BE PRESENTED AT OR
BEFORE THE COUNCIL MEETING
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EXHIBIT "A"
TO
P.R. NO. 18717
STATE OF TEXAS §
COUNTY OF JEFFERSON §
INDUSTRIAL DISTRICT AGREEMENT
This INDUSTRIAL DISTRICT AGREEMENT (this "Agreement" ) is
made and entered into by and between the City of Port Arthur
(hereinafter referred to as the "City" ) , a home rule
municipality governed under the laws of the State of Texas and
GT Logistics LLC and Golden Triangle Properties (hereinafter
referred to as the "Property Owner" ) . The Property Owner owns
and/or leases real and tangible personal property and operates a
terminal facility (the "Facility" ) that is located in the City' s
extraterritorial jurisdiction; and
WHEREAS, pursuant to Section 42 . 001 of the Texas Local
Government Code, the legislature has declared it the policy of
the State of Texas to designate certain areas as
extraterritorial jurisdiction of municipalities to promote and
protect the general health, safety, and welfare of persons
residing in and adjacent to the municipalities; and
WHEREAS, the extraterritorial jurisdiction (hereinafter
referred to as "ETJ" ) of the City of Port Arthur is the
unincorporated area that is contiguous to the corporate
boundaries of the City that is located within 3-1/2 miles of the
boundaries of the City; and
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WHEREAS, pursuant to Section 42 . 044 of the Texas Local
Government Code (TLGC) , the governing body of a municipality may
designate any part of its extraterritorial jurisdiction as an
industrial district and may treat the designated area in a
manner considered by the governing body to be in the best
interest of the municipality. Said real estate was previously
designated as an industrial district; and
WHEREAS, in 2013 , the City entered into an Industrial
District Agreement with GT Logistics LLC and Golden Triangle
Properties, which was approved by Resolution No. 13-594 and
expires on December 31, 2014 ; and
WHEREAS, pursuant to Section 42 . 044 of the Texas Local
Government Code, the City may make written agreements with the
owners of land in an industrial district; and
WHEREAS, this Agreement is authorized under Sections 42 . 044
and 212 . 172 of the Texas Local Government Code, Vernon' s Texas
Code Annotated and Article 1, Section 5 of the City' s Charter,
and that the parties agree that the following terms are
reasonable, appropriate, and not unduly restrictive of business
activities; and
WHEREAS, this Agreement includes provisions concerning said
real estate and tangible personal property owned or leased by
the Property Owner in the ETJ. Such real estate is sometimes
referred to herein as the "Affected Area, " and it is described
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in Exhibit "A" , which is attached to this Agreement and made a
part hereof; and
WHEREAS, the Property Owner and the City have previously
entered into various industrial district agreements related to
the Affected Area and various industrial projects located
thereon; and
WHEREAS, this Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of all
parties to this Agreement. Effective January 1, 2015, this
Agreement supersedes any prior existing Industrial District
Agreement between the Property Owner and the City relating to
the subject matter hereof and governing City' s contractual
relationship with the Property Owner; and
WHEREAS, the City Council finds that the provisions set
forth in this agreement to be in the best interest of the City
and beneficial to the general health, safety, and welfare of its
residents; and
WHEREAS, the Property Owner finds that this Agreement, as
delineated herein, is beneficial to meet the needs of its
business operations .
NOW, THEREFORE, in consideration of the promises and the
mutual agreements of the parties contained herein, the City and
the Property Owner, agree with each other as follows :
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Section 1: ETJ status, City Services and Code Enforcement:
Pursuant to Section 42 . 044 of the Texas Local Government
Code, CITY agrees that during the term of this Agreement, and
subject to the terms and provisions of this Agreement, it shall
guarantee the continuation of the extraterritorial status of the
Affected Area and immunity from annexation by the City (unless
otherwise provided herein) .
The Property Owner and CITY agree that the City shall have
no obligation to provide City services to property Owner in the
Affected Area and that City will not extend any services to
Property Owner in the Affected Area (unless otherwise provided
herein) . In the Affected Area, the City will not require the
Property Owner to adhere to City codes such as the regulation of
plats and subdivisions of land, the imposition of building,
electrical, or plumbing inspections, and related code
requirements . However, Property Owner must comply and Property
Owner agrees to comply with City regulations and specifically
not to imprudently discharge storm water that contributes to
flooding on adjacent property. Accordingly, Property Owner
agrees that it shall not have a right to City services .
Section 2 . Description of Affected Area and Determination
of Taxable Value:
The City designates the part of its ETJ as shown in Exhibit
"A" , which contains the real estate owned by the Property Owner
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or leased by a third party as an Industrial District . Property
Owner hereby certifies that Exhibit "A" represents a true,
correct and complete legal description and map depiction of all
of the real property owned and utilized by it in the City of
Port Arthur' s ETJ, also known as the "Affected Area" . For the
purposes of this agreement, the taxable value is the appraised
value for tax purposes of the land, all improvements, and
tangible property, real, personal or mixed that is situated on
the Affected Area as established by the Jefferson County
Appraisal District (hereinafter referred to as the "JCAD Value" )
as of January 1 of each calendar year of the Agreement
hereinafter referred to as the "Value Year" ) and discussed more
fully below.
The JCAD value also includes the assessed value of any
property that is located in a foreign trade zone or any other
type of federal, state or local zone .
Section 3 . Payments by the Property Owner:
If the Affected Area were located within the corporate
limits of the City of Port Arthur, the Property Owner would be
required to pay ad valorem taxes based upon the Assessed Value
as determined annually by the Jefferson County Appraisal
District. However, as part of the consideration for the City' s
undertakings, as set forth above, the Property Owner agrees to
make a payment to the City in lieu of taxes (hereinafter
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referred to as "In Lieu of Payment" ) . Commencing with calendar
year 2015 and each calendar year thereafter for the duration of
this Contract, on October 15th of each year of this agreement,
the Property Owner will remit to the City a sum of money equal
to Ninety Five percent (95%) of the amount of ad valorem taxes
that the Property Owner would be required to pay if the Affected
Property were in the City of Port Arthur (Assessed Value
multiplied by the Current City Tax Rate) . The term "Assessed
Value" is defined as the 100% valuation of the land,
improvements and tangible property, real, personal, or mixed,
including inventory, units, and equipment and all other property
situated on land in the Affected Area, as if it were within the
corporate limits of the City of Port Arthur for general
municipal purposes as of January 1 of the each calendar year of
the Agreement .
The In Lieu of Payment shall be calculated by the following
formula:
95% of the Assessed Value X Current City Tax Rate
Therefore, if the following factors were in place :
Assessed Value was $15 , 000, 000
Current City Tax rate was . 792/100
The in lieu of payment would be :
95% X $15 , 000, 000 X . 792/100 = $112, 860
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Section 4 . Treatment of Fluctuations in value:
In the event there are any fluctuations of 10% or more in
the taxable value, the parties agree that there shall be a floor
and ceiling applied in order to calculate the payment for each
year. Therefore, the parties agree to place a cap on the
variance in the amount of the payment from the previous year of
plus or minus 10% of the Property Owner' s taxable value .
The intent of the 10% provision is to limit fluctuations
in payments to the City to no more than 10% up or 10% down each
year. This is accomplished by specifically defining the taxable
value for the purpose of this contract each year (hereinafter
referred to as the "Contract Value" ) . The base year of this
contract is 2014 . Accordingly, a Contract Value will be
established in 2014 , which will determine the floor and ceiling
related to future payments .
a. Calculation of the Contract Value if there is a Decrease
in Value of More than 10%:
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2015 of more than 10% of the
Taxable Value for 2014 , the Contact Value for 2015 will be an
amount equal to minus 10% (or 90% of the taxable value for the
immediately preceding year [2014] .
In the event there is a fluctuation which results in a
decrease in the taxable value for 2016 of more than 10% of the
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Contract Value for 2015, the Contact Value for 2016 will be an
amount equal to minus 10% (or 90% of the Contract Value for the
immediately preceding year [2015] .
In the event there is a fluctuation which results in a
decrease in the taxable value for 2017 of more than 10% of the
Contract Value for 2016, the Contact Value for 2017 will be an
amount equal to minus 10% (or 90% of the Contract Value for the
immediately preceding year [2016] .
b. Calculation of the Contract Value if there is an increase
in Value of More than 10%:
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2015 of more than 10% of the
Taxable Value for 2014 , the Contact Value for 2015 will be an
amount equal to plus 10% (or 110% of the taxable Value for the
immediately preceding year [2014] .
In the event there is a fluctuation which results in an
increase in the taxable Value for 2016 of more than 10% of the
Contract Value for 2015, the Contact Value for 2016 will be an
amount equal to plus 10% (or 110% of the Contract Value for the
immediately preceding year [2015] ) .
In the event there is a fluctuation which results in an
increase in the taxable Value for 2017 of more than 10% of the
Contract Value for 2016, the Contact Value for 2017 will be an
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amount equal to plus 10% (or 110% of the Contract Value for the
immediately preceding year [2016] ) .
Section 5. Back-up Fire and Police Assistance:
If requested orally or in writing by the Property Owner,
the City' s Fire Department will provide primary Fire Suppression
Support as determined by the City' s Fire Chief, and the City' s
Police Department may assist in providing an evacuation route
and traffic control in the case of a fire or a chemical release
at the Property Owner' s facilities located in the in the
Affected Area. Nevertheless, the Property Owner agrees to abide
by and shall take such precautions as to prevent (1) fires,
explosions and chemical releases and (2) the imprudent discharge
of storm water that contributes to flooding on adjacent
property. The Property Owner shall also provide an evacuation
procedure as is expected in the industry, and as is required by
applicable federal and state laws, and the health and safety
laws of the City. The Property Owner shall employ or provide
sufficient primary fire suppression response, as well as control
and abate chemical releases . The Property Owner shall provide
the City' s Fire Chief and Police Chief with Emergency Response
Plans for any plants, refineries, chemical operations or other
hazardous operations that take place on the land, described in
the Attachments . If there is a fire and the City is requested
to provide initial and primary fire suppression services or if a
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cleanup is required, the Property Owner agrees to pay to the
City the costs and expenses incurred by the City and any of its
departments or of any of its affiliated providers, i . e .
ambulance companies that are called to the scene .
The Property Owner shall immediately notify the central
dispatch office which serves the City' s Fire Chief, Police
Chief, and the City' s Emergency Management Coordinator of all
incidents involving fires, serious injuries, deaths, chemical
releases and flooding that create a health and safety hazard to
the community or that exceed permissible exposure limits under
applicable state or federal laws .
Section 6 . Annexation for Health, Safety and Welfare
Reasons:
It is specifically stipulated that nothing in this
Agreement will in any manner limit or restrict the authority of
the City to annex all or part of said Affected Area during the
period of the Agreement if the City should determine that such
annexation is reasonably necessary to promote and protect the
general health, safety, and welfare of the persons residing
within or adjacent to the City, provided however, that the City
agrees that such annexation for the land described in the
Attachments will not be made for revenue purposes only.
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Section 7 . Annexation due to Legislative Action:
Notwithstanding any other provision in this Agreement, the
parties agree and consent that the City may annex the Affected
Area if a bill is adopted by the State legislature which limits
or restricts the authority of the City to annex all or part of
the Affected Area. In the event of annexation, the Property
Owner will not be required to make further payments under this
Agreement for any calendar year commencing after annexation with
respect to the property so annexed, but shall nevertheless be
obligated to make full payments for the year during which such
annexation becomes effective if the annexation becomes effective
after January 1st of said year. The Property Owner shall not be
required to pay ad valorem taxes to the City for the same period
of time they have already paid an "in lieu of tax" payment, with
respect to the Affected Area to this Agreement . If for any
reason, the City cannot annex the property of the Property Owner
and if the parties cannot reach an agreement on a new payment
schedule or on a new "in lieu of tax" agreement, the Property
Owner agrees that it will continue to pay to the City the "in
lieu of tax" payments delineated in this Agreement until
December 31, 2017, and it will thereafter continue to annually
pay the City an "in lieu of tax" payment of Ninety-five percent
(95%) of its taxable value times the City' s tax rate for so long
as it or its assignees and successors or affiliates own the
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property, as described in the Attachments . Payments will be due
on October 15th of each year. Pursuant to Sections 42 . 044 and
212 . 172 Local Government Code, the Property Owner agrees and
consents that the Parties have the option, to extend this
contract and that the Property Owner will continue to annually
pay the City "in lieu of tax" payments at the ninety-five (95%)
rate, as denoted above, for successive periods, for a total
duration not to exceed 45 years, or the maximum period allowed
by law, whichever is longer.
Section 8 . Right to Annexation at the Expiration of the
Agreement:
The parties agree that the City has the sole discretion,
after October 1, 2017, to annex the Affected Area or to enter
into negotiations on the payment by the Property Owner of
additional "in lieu of tax" payments .
Section 9 . Right to Annexation pursuant to Chapter 43 of
the Texas Local Government Code:
The City reserves the right to annex any tract or parcel
with the minimum required adjacent area, as per Chapter 43 Local
Government Code, if any of the owners or lessees that do not pay
an "in lieu of tax" payment for its interest in the land,
improvements, units, equipment, inventory, and all other
property located in the Affected Area, as described in Exhibit
"A" . Nothing contained herein shall be construed to prohibit or
prevent the Property Owner from paying the other owners' or
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lessees' "in lieu of tax" payment required by this Agreement to
prevent annexation by the City. If the City annexes a tract or
tracts, the total "in lieu of tax" payment will be reduced by
the same percentage as the assessed value of the tracts under
the contract are reduced by such annexation.
Section 10 . Assignment:
If the Property Owner desires to assign all or a portion of
this Agreement to any person, the Property Owner shall provide
written notice of such assignment and shall receive the written
consent of the City Council, by a duly adopted Resolution, which
will not be unreasonably withheld. The Property Owner shall
provide the description of the new Property Owner and such other
information as is reasonably requested to indicate that the new
Property Owner will safely operate the facility, act as a good
corporate citizen, and will fully abide by the terms of this
agreement . If the assignment is approved by the City Council,
the Property Owner shall be relieved of its obligations under
this Agreement to the extent that an assignee expressly assumes
the Property Owner' s obligations . Subject to the preceding,
this Agreement shall inure to the benefit of and be binding upon
the parties hereto and its respective successors and assigns .
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Section 11. Other Relief Granted:
It is agreed by the parties to this Agreement that the
Property Owner and the City have the right to seek equitable
relief, including specific performance of this Agreement .
Section 12 . Port Arthur Industrial Group:
The Property Owner agrees that it will participate in the
Port Arthur Industrial Group during the life of this Agreement
and for so long as the Port Arthur Industrial Group is a viable
organization in order to assist in the establishment of
apprenticeship, internship, mentoring and/or education programs
and projects for the training of Port Arthur residents for
permanent jobs in the Port Arthur area. The Property Owner
further hereby agrees to request and encourage its contractors
and subcontractors to establish and fund their own
apprenticeship, internship, mentorship and/or education programs
and projects for the training of Port Arthur residents for
permanent jobs .
Section 13 . Undocumented Workers:
The Property Owner certifies that they have not, and will
not, knowingly employ an "undocumented worker" which means an
individual who, at the time of employment, is not (i) lawfully
admitted for permanent residence to the United States, (ii) a
temporary resident lawfully permitted to be employed in the
United States or (iii) or authorized under law to be employed in
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that manner in the United States . The Property Owner
acknowledges that it has reviewed Chapter 2264 , Texas Government
Code, and hereby affirmatively agrees to repay the amount of any
incentive with interest at the rate of ten percent (10%) per
annum, not later than the 120th day after the date the City
notifies the Property Owner of a violation. The Property Owner
acknowledges the City may bring a civil action as to recover any
amounts owed under this Chapter 2264 Texas Government Code, and
further acknowledges that the City may recover court costs and
reasonable attorney' s fees incurred in bringing an action under
Section 2264 . 101, Texas Government Code. The Property Owner
will also promptly report to the City any "undocumented worker"
that is improperly retained by its contractors or subcontractors
on its facility.
Section 14 . Property Tax Information, Credits and Refunds:
With respect to the land, improvements, units, equipment
and all other property located in the Affected Area (in this
section "such property" ) as described in Exhibit "A" for the tax
years 2015 through 2017, Property Owner must provide to the
Director of Finance to the City, no later than September 15th, a
copy of the non-privileged/non-confidential rendition which the
Property Owner files with the Jefferson County Appraisal
District . The Property Owner shall also provide the following to
the Director of Finance of the City:
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• each notice of appraised value received by the
Property Owner from the Jefferson County
Appraisal District with respect to such property;
• any notice of protest filed by the Property Owner
with the Jefferson County Appraisal Review Board
( "ARB" ) with respect to such property within 45
days of said filing;
• any informal settlement or final ARB order
determining protest with respect to such
property;
• any pleadings filed by the Property Owner as a
petition for review of an order determining
protest of the ARB with respect to such property;
• any settlement, final judgment or other final
disposition on appeal or otherwise of any such
lawsuit; and
• the Property Owner shall provide to the City a
copy of all non-privileged/non-confidential
pleadings and discovery filed in any litigation
or protest that the Property Owner has with
Jefferson County Appraisal District .
Pending final determination of any tax protest filed by the
Property Owner with the Jefferson County Appraisal Review Board,
or appeal thereof on the Affected Area, the Property Owner shall
pay to City, on October 15th of each year, the amount calculated
based upon the value of the property reflected on the most
recently adopted appraisal roll prepared by or for Jefferson
County Appraisal District and as further delineated in this
Agreement . If the final determination of a protest or an appeal
reduces the value of the property after Property Owner has
tendered payment to the City hereunder, the Property Owner' s
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liability hereunder shall be recalculated based on the final
determination of value, the City shall after the final
determination of such protest or appeal, refund to Property
Owner, the difference between the amount actually paid hereunder
and the amount for which the Property Owner is determined to be
liable, without interest . All refunds, if any, will be given as
a credit toward the next calendar year' s in-lieu-of payment .
Section 15. Notice of Default :
Notwithstanding anything herein to the contrary contained
in this Agreement, in the event of any breach by the Property
Owner of any of the terms or conditions of this Agreement, the
City shall give the Property Owner not less than five (5)
business days' written notice, specifying the nature of the
alleged default, and manner in which the alleged default may be
satisfactorily cured. Thereafter, the Property Owner will be
afforded a reasonable time within which to cure the alleged
default . Nevertheless, time is of the essence on the payment
schedule for the "in lieu of tax" payments on October 15th of
each year. If the Property Owner does not pay the "in lieu of
tax" payment on October 15th of each year, the City can
immediately commence annexation proceedings and sue for all
damages . In case of litigation for breach of the Agreement and
to encourage timely payments, the City can seek 1000 of all
monies that the City would have received from the Property Owner
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if it been within the corporate limits, which include 100% of
all taxes, building permits, sales or use taxes, and all
franchise fees on cable and electrical usage, interest and
penalty thereon, attorney' s fees, and court costs .
Section 16 . Entire Agreement :
This Agreement constitutes the entire agreement of the
parties with respect to the Projects described herein and
supersedes any and all prior understandings or oral or written
agreements between the parties respecting such subject matter,
except as otherwise provided in the instruments referenced
herein. This Agreement may be amended only by written
instrument signed by all of the parties hereto.
Section 17 . Severability:
If any term or provision in this Agreement, or the
application thereof to any person or circumstance, shall to any
extent be held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability
shall not affect any other provision of this Agreement or the
application thereof, which can be given effect without the
invalid or unenforceable provision or application, and the
parties agree that the provisions of this Agreement are and
shall be severable. Provided however, payment of the "in lieu
of tax" payment is an essential part of this Agreement .
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Section 18 . Remedies Cumulative :
Except as otherwise expressly provided herein, all rights,
privileges, and remedies afforded the parties by this Agreement
shall be deemed cumulative and not exclusive, and the exercise
of any or more of such remedies shall not be deemed to be a
waiver of any other right, remedy, or privilege provided for
herein or available at law or in equity.
Section 19. Governing Law:
This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas . This Agreement
is to be performed in Jefferson County, Texas .
Section 20 . Counterparts :
This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which taken
together, shall constitute but one and the same instrument,
which may be sufficiently evidenced by one counterpart .
Section 21. Authority:
By acceptance of this Agreement and/or benefits conferred
hereunder, the Property Owner represents and warrants that its
undersigned agents have complete and unrestricted authority to
enter into this Agreement and to obligate and bind the Property
Owner to all of the terms, covenants and conditions contained
herein.
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Section 22 . Notice:
Any notice provided for in this contract shall be given in
writing to the parties hereto by certified mail, return receipt
requested, addressed as follows :
TO CITY: TO PROPERTY OWNER:
City Manager Bart Owens
CITY OF PORT ARTHUR Vice-President/General Manager
444 4th St . GT LOGISTICS LLC
Port Arthur, TX 77640 1998 Hwy 73 West
Port Arthur, TX 77640
Steve Birdwell
GOLDEN TRIANGLE PROPERTIES
President
10 Oaklawn Drive
Houston, Texas 77024
WITH A COPY TO: WITH A COPY TO:
City Attorney Hubert Oxford III
CITY OF PORT ARTHUR BENCKENSTEIN & OXFORD, LLP
444 4th St . 3535 Calder, Ste 300
Port Arthur, TX 77640 Beaumont, TX 77706
(409) 983-8126
(409) 983-8124
Section 23 . If the Property Owner permanently ceases
operation of its Port Arthur facility during the term of this
Agreement, then Property Owner shall have the right, at is sole
option, to cancel this Agreement with ninety (90) days written
notice in which case the Property Owner shall be relieved of all
its obligations under this Agreement, except as to pay the In
Lieu of Tax payments for the year of the cancellation.
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Section 24 . This agreement is effective the 1st day of
January, 2015, and shall expire on the 31st day of December,
2017, unless extended by the Parties, as delineated in Section
11 .
[SIGNATURE PAGES FOLLOW]
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SIGNED AND AGREED to on the day of ,
2014 .
Property Owner
BY:
Steve Birdwell
Golden Triangle Properties
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Steve Birdwell, known to me to be the person
whose name is ascribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of Golden Triangle Properties for the purposes and
considerations therein expressed, and the capacities therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
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SIGNED AND AGREED to on the day of ,
2014 .
Property Owner
BY:
Bart Owens
GT Logistics LLC
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Bart Owens, known to me to be the person
whose name is ascribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of GT Logistics LLC for the purposes and considerations therein
expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
s.ida_gt logistics 2015-2017 Page 23
SIGNED AND AGREED to on the day of
2014 .
CITY OF PORT ARTHUR, TEXAS
BY:
John A. Comeaux, P.E. ,
Interim City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared John A. Comeaux, P.E. , Interim City Manager
of the City of Port Arthur, known to me to be the person whose
name is ascribed to the foregoing instrument, and acknowledged
to me that he executed the same as the act and deed of the City
of Port Arthur, for the purposes and considerations therein
expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
RETURN TO:
VAL TIZENO, CITY ATTORNEY
CITY OF PORT ARTHUR
P. O. BOX 1089
PORT ARTHUR, TX 77641-1089
s.ida_gt logistics 2015-2017 Page 24
Exhibit "A"
Legal Description and Map Depiction of the Affected Area
(Attached as the next pages of this Exhibit "A" )
s.ida_gt logistics 2015-2017 Page 25
April 30, 2008
METES AND BOUNDS DESCRIPTION OF
A 1,116.39 ACRE TRACT OF LAND IN THE
T& NO RAILROAD SURVEY, SECTION 276, ABSTRACT 414,
THE T& NO RAILROAD SURVEY, SECTION 275, ABSTRACT 316,
THE BBB & C RAILROAD CO. SURVEY, SECTION 390, ABSTRACT 93,
THE W. KYLE SURVEY,ABSTRACT 414, THE WILLIAM H.VORIS SURVEY,
ABSTRACT 382,AND THE R. A. GREER SURVEY,ABSTRACT 666
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
A 1,116.39 acre (48,630,066 square feet) tract of land In the T & NO Railroad Survey,
Section 276, Abstract 414, the T & NO Railroad Survey, Section 275, Abstract 316, the
BBB & C Railroad Co. Survey, Section 390, Abstract 93, the W. Kyle Survey, Abstract
414, the William H. Voris Survey, Abstract 382, and the R. A. Greer Survey, Abstract
666, Port Arthur, Jefferson County, Texas, and being comprised of a called 1101.94
acre tract of land (called Parcel 1) conveyed to Equistar Chemicals, LP and described in
a deed to National Distillers and Chemical Corporation, as recorded under Jefferson
County Clerk's File Number 8403467, a called 2.02 acre tract of land (called Parcel N)
described in a deed to National Distillers and Chemical Corporation, as recorded under
Jefferson County Clerk's File Number 8403467, and a called 9.49 acre tract of land
described in a deed to National Distillers and Chemical Corporation, as recorded under
Jefferson County Clerk's File Number 8414481, said 1,116.39 acre tract being more
particularly described as follows (bearings based on the Texas State Plane Coordinate
System, South Central Zone, derived by GPS observations from TXBM, TXCN, and
TXGA (TXDOT COR Stations)):
COMMENCING at a 3/8-inch iron rod found at the northwest corner of a called 1.345
acre tract of land described in a deed from Equistar Chemicals, LP to Lakeside Palomar
Community Development, Inc., as recorded under Jefferson County Clerk's File Number
2001004526, the intersection of the southerly right-of-way line of State Highway 73
(width varies), and the easterly right-of-way line of Lakeside Plaza:
THENCE, South 85 degrees 12 minutes 34 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance of 139.60 feet, to a 3/8-inch iron rod found
at the northeast corner of said called 1.345 acre tract, the most northerly corner of said
called 1101.94 acre tract, and the most northerly corner and POINT OF BEGINNING of
the herein described tract of land;
THENCE, South 75 degrees 27 minutes 26 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance of 636.46 feet, to a 5/8-inch iron rod with
"CLR" cap set at a northeasterly corner of the herein described tract, the intersection of
the southerly right-of-way line of said State Highway 73 and the westerly right-of-way
line of F.M. 823 (100 feet wide);
F:l survey107043001000S\MB-1116.doc 1116 Ac Page 1 of 10
THENCE, South 34 degrees 49 minutes 10 seconds East, along the westerly right-of-
way line of said F.M. 823, a distance of 846.39 feet, to a 5/8-inch iron rod with "CLR"
cap set at a point of curvature;
THENCE, Southeasterly, along said curve to the left, through a central angle of 10
degrees 25 minutes 43 seconds, to a 5/8-inch iron rod with "CLR" cap set at a point of
tangency, said curve having a radius of 1,687.07 feet, an arc length of 307.07 feet, and
a chord which bears South 40 degrees 02 minutes 02 seconds East, a distance of
306.65 feet;
THENCE, South 45 degrees 06 minutes 25 seconds East, a distance of 59.59 feet, to a
5/8-inch iron rod with "CLR"cap set at an interior corner of the herein described tract;
THENCE, North 47 degrees 31 minutes 22 seconds East, a distance of 100.11 feet,to a
1-inch iron pipe found at an interior corner of the herein described tract, and lying in the
easterly right-of-way line of said F.M. 823;
THENCE, North 45 degrees 06 minutes 25 seconds West, along the easterly right-of-
way line of said F.M. 823, a distance of 64.31 feet, to a 5/8-inch iron rod with "CLR"cap
set at a point of curvature;
THENCE, Northwesterly, along a curve to the right, through a central angle of 10
degrees 25 minutes 59 seconds, to a 5/8-inch iron rod with "CLR" cap set at a point of
tangency, said curve having a radius of 1,587.07 feet, an arc length of 288.99 feet, and
a chord which bears North 40 degrees 02 minutes 10 seconds West, a distance of
288.59 feet;
THENCE, North 34 degrees 49 minutes 10 seconds West, a distance of 742.18 feet, to
a 1-inch iron pipe found at a northwesterly corner of the herein described tract;
THENCE, North 29 degrees 49 minutes 53 seconds East, a distance of 61.31 feet, to a
1-inch iron pipe found at a northwesterly corner of the herein described tract, and lying
in the southerly right-of-way line of said State Highway 73;
THENCE, South 85 degrees 05 minutes 29 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance of 75.01 feet, to a 5/8-inch iron rod with
"CLR" cap set at a northeasterly corner of the herein described tract;
THENCE, South 30 degrees 56 minutes 15 seconds East, a distance of 1,073.07 feet,
to a 1-inch iron pipe found at an interior corner of the herein described tract;
THENCE, North 43 degrees 45 minutes 45 seconds East, a distance of 123.97 feet,to a
5/8-inch iron rod with "CLR" cap set at a northeasterly corner of the herein described
tract;
F:lsurvey107043001DOCS\MB-1116.doc 1116 Ac Page 2 of 10
THENCE, South 30 degrees 54 minutes 24 seconds East, a distance of 4,363.53 feet,
to a 5/8-inch iron rod with "CLR" cap set at an angle point in the easterly line of the
herein described tract;
THENCE, South 32 degrees 16 minutes 49 seconds East, a distance of 400.39 feet, to
a broken concrete monument found at the most northerly corner of the aforementioned
called 9.49 acre tract;
THENCE, Southeasterly along a non-tangent curve to the left through a central angle'of
01 degrees 34 minutes 14 seconds, to a 5-inch concrete monument found at the most
easterly corner of said called 9.49 acre tract, said curve having a radius of 5,779.65
feet, an arc length of 158.43 feet, and a chord which bears South 34 degrees 37
minutes 50 seconds East, a distance of 158.40,feet;
THENCE, South 36 degrees 37 minutes 44 seconds West, a distance of 2,716.64 feet,
to a 1-inch iron pipe found at the most southerly corner of said called 9.49 acre tract and
an interior corner of the herein described tract;
THENCE, South 64 degrees 42 minutes 06 seconds East, a distance of 1,434.17 feet,
to a 5-inch concrete monument found at an easterly corner of the herein described tract,
and lying in the in an easterly line of the herein described tract;
THENCE, South 14 degrees 26 minutes 02 seconds East, a distance of 389.11 feet, to
a point in the northerly bank of Taylor Bayou, at the southeasterly corner of the herein
described tract;
THENCE, North 89 degrees 54 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 88.44 feet, to a point for corner;
THENCE, North 76 degrees 03 minutes 49 seconds West, along the northerly bank of
Taylor Bayou, a distance of 88.58 feet, to a point for corner;
THENCE, North 84 degrees 22 minutes 39 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.83 feet, to a point for corner;
THENCE, South 88 degrees 58 minutes 36 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.73 feet, to a point for corner;
THENCE, South 86 degrees 45 minutes 53 seconds West, along the northerly bank of
Taylor Bayou, a distance of 38.13 feet, to a point for corner; _
THENCE, North 13 degrees 41 minutes 30 seconds East, a distance of 11.39 feet, to a
point for corner;
F:lsurvey107043001DOCSIMB-1116.doc 1116 Ac Page 3 of 10
THENCE, North 01 degrees 38 minutes 12 seconds East, a distance of 23.09 feet,to a
point for corner;
THENCE, North 07 degrees 36 minutes 37 seconds West, a distance of 14.64 feet,to a
point for corner;
THENCE, North 57 degrees 12 minutes 26 seconds West, a distance of 30.60 feet,to a
point for corner;
THENCE, South 65 degrees 32 minutes 21 seconds West, a distance of 29.18 feet,to a
point for corner;
THENCE, South 22 degrees 23 minutes 51 seconds West, a distance of 48.68 feet,to a
point for corner;
THENCE, North 88 degrees 16 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 286.98 feet, to a point for corner;
THENCE, North 89 degrees 45 minutes 37 seconds West, along the northerly bank of
Taylor Bayou, a distance of 182.99 feet, to a point for corner;
THENCE, South 68 degrees 20 minutes 56 seconds West, along the northerly bank of
Taylor Bayou, a distance of 223.09 feet, to a point for corner;
THENCE, North 15 degrees 55 minutes 19 seconds West, a distance of 32.56 feet, to a
point for corner,
THENCE, South 79 degrees 59 minutes 40 seconds West, a distance of 43.90 feet, to a
point for corner;
THENCE, South 19 degrees 20 minutes 41 seconds West, a distance of 64.42 feet, to a
point for corner;
THENCE, South 62 degrees 40 minutes 57 seconds West, along the northerly bank of
Taylor Bayou, a distance of 337.26 feet, to a point for corner;
THENCE, South 85 degrees 56 minutes 10 seconds West, a distance of 1,098.26 feet,
to a point for corner;
THENCE, North 36 degrees 37 minutes 44 seconds East, a distance of 49.73 feet, to a
point for corner;
THENCE, South 85 degrees 24 minutes 44 seconds West, a distance of 545.00 feet, to
a point for corner;
F:\survey\07043001DOCS\MB-1116.doc 1116 Ac Page 4 of 10
THENCE, North 06 degrees 30 minutes 08 seconds West,a distance of 53.66 feet,to a
point for corner;
THENCE, North 76 degrees 15 minutes 31 seconds West,a distance of 48.62 feet,to a
point for corner;
THENCE, North 22 degrees 38 minutes 15 seconds West, a distance of 140.59 feet,
along the northeasterly bank of Taylor Bayou, to a point for corner;
THENCE, North 33 degrees 05 minutes 13 seconds West,along the northeasterly bank
of Taylor Bayou, a distance of 96.41 feet,to a point for corner,
THENCE, North 60 degrees 35 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 281.92 feet, to a point for corner;
THENCE, North 78 degrees 00 minutes 48 seconds West, along the northerly bank of
Taylor Bayou, a distance of 123.30 feet, to a point for corner;
THENCE, South 82 degrees 22 minutes 05 seconds West, along the northerly bank of
Taylor Bayou, a distance of 112.91 feet, to a point for corner;
THENCE, South 54 degrees 28 minutes 06 seconds West, along the northerly bank of
Taylor Bayou, a distance of 157.98 feet, to a point for corner;
THENCE, South 76 degrees 30 minutes 13 seconds West, along the northerly bank of
Taylor Bayou, a distance of 76.71 feet, to a point for corner;
THENCE, South 46 degrees 35 minutes 51 seconds West, along the northerly bank of
Taylor Bayou, a distance of 402.96 feet, to a point for corner;
THENCE, South 38 degrees 51 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 65.50 feet, to a point for corner,
THENCE, South 16 degrees 59 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 80.03 feet, to a point for corner;
THENCE, South 16 degrees 35 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 132.26 feet, to a point for corner,
THENCE, South 27 degrees 14 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 468.77 feet, to a point for corner;
THENCE, South 40 degrees 46 minutes 37 seconds West, along the northerly bank of
Taylor Bayou, a distance of 350.04 feet, to a point for corner;
F:lsurvey107043001DOCS1Ma-1116.doc 1116 Ac Page 5 of 10
THENCE, South 46 degrees 28 minutes 54 seconds West, along the northerly bank of
Taylor Bayou, a distance of 237.05 feet, to a point for corner,
THENCE, South 62 degrees 42 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 196.52 feet,to a point for corner;
THENCE, South 79 degrees 33 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 105.88 feet,to a point for corner;
THENCE, North 08 degrees 41 minutes 43 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.02 feet, to a point for corner;
THENCE, North 89 degrees 24 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 123.82 feet, to a point for corner;
THENCE, South 04 degrees 20 minutes 03 seconds East, along the northerly bank of
Taylor Bayou, a distance of 33.27 feet, to a point for corner;
THENCE, North 87 degrees 33 minutes 19 seconds West, along the northerly bank of
Taylor Bayou, a distance of 107.49 feet,to a point for corner;
THENCE, North 81 degrees 22 minutes 14 seconds West, along the northerly bank of
Taylor Bayou, a distance of 167.37 feet,to a point for corner;
THENCE, North 58 degrees 34 minutes 35 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 233.42 feet,to a point for corner;
THENCE, North 52 degrees 36 minutes 32 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 416.40 feet, to a point for corner,
THENCE, North 45 degrees 04 minutes 29 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 334.26 feet, to a point for corner;
THENCE, North 41 degrees 12 minutes 18 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 279.62 feet, to a point for corner;
THENCE, North 38 degrees 01 minutes 24 seconds West, along the easterly bank of
Taylor Bayou, a distance of 338.36 feet,to a point for corner;
THENCE, North 29 degrees 27 minutes 09 seconds West, along the easterly bank of
Taylor Bayou, a distance of 425.91 feet, to a point for corner,
THENCE, North 15 degrees 26 minutes 41 seconds West, along the easterly bank of
Taylor Bayou, a distance of 338.77 feet, to a point for corner;
F:Isurvey107043001DOCS\MB-1116.doc 1116 Ac Page 6 of 10
THENCE, North 11 degrees 04 minutes 11 seconds West, along the easterly bank of
Taylor Bayou,a distance of 341.81 feet, to a point for corner;
THENCE, North 05 degrees 50 minutes 15 seconds West, along the easterly bank of
Taylor Bayou, a distance of 471.18 feet, to a point for comer,
THENCE, North 12 degrees 00 minutes 33 seconds West, along the easterly bank of
Taylor Bayou, a distance of 249.38 feet, to a point for corner;
THENCE, North 19 degrees 47 minutes 46 seconds West, along the easterly bank of
Taylor Bayou, a distance of 118.89 feet, to a point for corner;
THENCE, North 19 degrees 25 minutes 05 seconds West, along the easterly bank of
Taylor Bayou, a distance of 172.13 feet,to a point for corner;
THENCE, North 35 degrees 29 minutes 15 seconds West, along the easterly bank of
Taylor Bayou, a distance of 314.01 feet, to a point for corner,
THENCE, North 38 degrees 03 minutes 21 seconds West, along the easterly bank of
Taylor Bayou, a distance of 348.90 feet, to a point for corner;
THENCE, North 12 degrees 31 minutes 53 seconds West, along the easterly bank of
Taylor Bayou, a distance of 120.92 feet, to a point for corner;
THENCE, North 00 degrees 45 minutes 58 seconds East, along the easterly bank of
Taylor Bayou, a distance of 157.80 feet, to a point for corner;
THENCE, North 14 degrees 11 minutes 10 seconds East, along the easterly bank of
Taylor Bayou, a distance of 281.70 feet,to a point for corner;
THENCE, North 28 degrees 59 minutes 24 seconds East, along the easterly bank of
Taylor Bayou, a distance of 582.04 feet, to a point for corner;
THENCE, North 43 degrees 40 minutes 13 seconds East, along the easterly bank of
Taylor Bayou, a distance of 389.34 feet, to a point for corner;
THENCE, North 25 degrees 34 minutes 14 seconds East, along the easterly bank of
Taylor Bayou, a distance of 336.16 feet, to a point for corner;
THENCE, North 08 degrees 04 minutes 22 seconds East, along the easterly bank of
Taylor Bayou, a distance of 220.47 feet, to a point for corner;
THENCE, North 14 degrees 38 minutes 23 seconds West, along the easterly bank of
Taylor Bayou, a distance of 273.06 feet, to a point for corner;
F:\survey\0704300\ROCS\MB-1116.doc 1116 Ac Page 7 of 10
THENCE, North 27 degrees 28 minutes 48 seconds West, along the easterly bank of
Taylor Bayou, a distance of 465.55 feet, to a point for corner;
THENCE, North 28 degrees 46 minutes 03 seconds West, along the easterly bank of
Taylor Bayou, a distance of 417.94 feet, to a point for corner;
THENCE, North 04 degrees 24 minutes 55 seconds West, along the easterly bank of
Taylor Bayou, a distance of 125.95 feet, to a point for corner;
THENCE, North 52 degrees 02 minutes 00 seconds West, along the easterly bank of
Taylor Bayou, a distance of 67.85 feet, to a point at the northwest corner of the herein
described tract, and lying in the southerly bank of Tiger Bayou;
l[HENCE, leaving the easterly bank of Taylor Aayou, and along the southerly bank of
Tiger BayoU, as follows;
THENCE, North 54 degrees 32 minutes 23 se nds East, a distance of 251.63 feet,to a
5/8-inch iron rod with"CLR" cap set at a northedy corner of the herein described tract;
THENCE, North 51 degrees 22 minutes 50 secOnds East, a distance of 242.28 feet, to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 24 degrees 29 minutes 19 seconds East, a distance of 395.65 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly corner of the herein described tract;
THENCE, North 52 degrees 35 minutes 33 seconds East, a distance of 603.19 feet,to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 68 degrees 18 minutes 18 seconds East, a distance of 273.23 feet,to a
5/8-inch iron rod with CLR" cap set at a northerly corner of the herein described tract;
THENCE, North 78 degrees 40 minutes 42 seconds East, a distance of 196.73 feet, to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, South 80 degrees 02 minutes 00 seconds East, a distance of 151.51 feet, to
a 5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 82 degrees 58 minutes 03 seconds East, a distance of 584.69 feet, to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 77 degrees 22 minutes 04 seconds East, a distance of 236.38 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly corner of the herein described tract;
FA,omey10704300D]OCSVN8'1116.Uoo 1116 Ac Page 8of1n
THENCE, North 83 degrees 54 minutes 58 seconds East, a distance of 928.06 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly re-entrant corner of the herein
described tract;
THENCE, leaving the southerly bank of Tiger Bayou, North 08 degrees 36 minutes 40
seconds West, a distance of 933.50 feet, to a 3/8-inch iron rod in concrete found at a
northwesterly corner of the herein described tract;
THENCE, North 87 degrees 08 minutes 10 seconds East, a distance of 114.31 feet, to a
1/2-inch iron rod found at a northerly re-entrant corner of the herein described tract;
THENCE, North 09 degrees 21 minutes 06 seconds West, a distance of 227.73 feet, to
a 1/2-inch iron rod found at a northwesterly corner of the herein described tract;
THENCE, South 85 degrees 30 minutes 28 seconds East, a distance of 124.46 feet, to
a 1/2-inch iron rod found at a northerly re-entrant corner of the herein described tract;
THENCE, along a non-tangent curve to the left, through a central angle of 12 degrees
16 minutes 36 seconds, to a 1/2-inch iron rod found at a northwesterly corner of the
herein described tract, lying in the westerly right-of-way line of Lakeside Plaza Drive,
said curve having a radius of 258.42 feet, an arc length of 55.37 feet, and a chord which
bears North 01 degrees 06 minutes 08 seconds West, a distance of 55.27 feet,;
THENCE, South 85 degrees 09 minutes 10 seconds East, a distance of 59.76 feet, to a
5/8-inch iron rod with "CLR" cap set at a northerly re-entrant corner of the herein
described tract,.and lying the easterly right-of-way line of said Lakeside Plaza Drive;
THENCE, with the easterly right-of-way line of said Lakeside Plaza Drive, North 04
degrees 48 minutes 08 seconds East, a distance of 114.85 feet, to a 1/2-inch iron rod
found at the southwest corner of the aforementioned called 1.345 acre tract, and a
northwesterly corner of the herein described tract;
THENCE, South 85 degrees 13 minutes 23 seconds East, a distance of 139.54 feet, to
a 1/2-inch iron rod found at the southeast corner of said called 1.345 acre tract, and a
northerly re-entrant corner of the herein described tract;
{
F:l survey107043001DOCSIMB-1116.doc 1116 Ac Page 9 of 10
THENCE, North 04 degrees 48 minutes 39 seconds East, a distance of 420.04 feet, to
the POINT OF BEGINNING and containing a computed area of 1,116.39 acres
(48,630,066 square feet) of land.
of. (
._s. "" t(( `""� ,-• ltd/
4sd8 +/4
- ,Z o,r Paul R. Smith, RPLS
`��...... ° � Registered Professional Land Surveyor
Texas Registration Number 4646
A separate survey map was prepared in conjunction with this description.
Revised February 2, 2010
F_\survey\0704300\DOCS\MB-1116.doc 1116 Ac Page 10 of 10
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