CC Resolution No. 2793 RESOLUTION NO. 2793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE CREATION OF THE HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 555 OVER CERTAIN
PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF BAYTOWN, TEXAS; PROVIDING CONDITIONS TO THE
GRANTING OF CONSENT; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Forestar (USA) Real Estate Group, Inc., a Texas corporation (the
"Petitioner"), has petitioned for the City of Baytown, Texas (the "City") to consent to the creation
of the Harris County Municipal Utility District No. 555 (the "District") to serve that certain
approximately 119.328 acres of land in Harris County, Texas, more particularly depicted and
described in the attached Exhibit "A" (the "Petitioner's Land"); and
WHEREAS, land within the extraterritorial jurisdiction of a city may not be included
within a municipal utility district without the written consent of such city; and
WHEREAS, the City desires to consent to the creation of the District subject to the terms
and conditions set forth herein and in the attached Exhibit "B", with such conditions being in
accordance with Section 54.016(e) of the Texas Water Code; and
WHEREAS, the general nature of the work to be done by and within the District is:
(i)the design, construction, acquisition, improvement, extension,maintenance,and
operation of a waterworks and sanitary sewer system for municipal, domestic,
industrial, and commercial purposes;
(ii) the design, construction, acquisition, improvement, extension, maintenance,
and operation of works, improvements, facilities, systems, plants, equipment, and
appliances helpful or necessary to provide more adequate drainage for the District;
(iii)to control,gather,conduct,divert,abate,and amend local storm waters or other
harmful excesses of waters, and such other design, construction, acquisition,
improvement, extension, maintenance, and operation of such additional facilities,
systems, plants, and enterprises as are helpful or necessary for such purposes;
(iv)the design, construction, acquisition, extension, maintenance, and operation of
macadamized, graveled, paved roads, or turnpikes, or improvement in aid of those
roads or turnpikes, inside or outside the District; and
(v) the financing, developing, and maintaining of parks and recreational facilities
for the people in the District, as shall be consonant with all of the purposes for
which the District is created; NOW THEREFORE,
Res.Consent to Creation of Municipal Utility District—Forestar(USA)Real Estate Group,Inc.- 7.25.22 Page I
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, finds the matters and
facts set out in the Recitals of this resolution are true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants consent
to the creation of the Harris County Municipal Utility District No. 555 subject to the terms and
conditions set forth herein and in Exhibit "B" attached to this resolution.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 11 th day of August, 2022.
DON CAP TIL O, Mayor
o�01,,`JTOWN TF
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APPROVED A TO ORM:
SCOTT LE OND, City Attorney
Res.Consent to Creation of Municipal Utility District-Forestar(USA)Real Estate Group,Inc.--7.25.22 Page 2
EXHIBIT A-DESCRIPTION OF PETITIONER'S LAND
Res.Consent to Creation of Municipal Utility District-Forestar(USA)Real Estate Croup,Inc.-7.25.22 Page 3
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LAND TITLE SURVEY PAPE-DAWSON —
_ PL ENGINEERS
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Exhibit A
DESCIMMON OF A TRACT OF LAND CONTAINING
119.328 ACRES (5,197,923 SQUARE FEET) SITUATED
IN THE GEORGE ELLIS SURVEY, A-21
IN FORT HARRIS COUNTY, TEXAS
Being a tract of land containing 119,328 acres (5,197,923 square feet) situated in the
Gcorge Ellis Survey, A-21 in I-[arris County,Texas and being all of a called 119.327-acre tract as
conveyed unto Forester (USA) Real Estate Group, Inc by deed recorded under County Clerk's
File No. RP-2021-55748 of the Official Public Records of Real Property of Harris County,
Texas, said 119.328-acre tract being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8-inch iron rod with cap stamped "Pape-Dawson" found for the
common northeast corner of the herein described tract and said 119.327-acre tract and for the
northwest corner of a called 6.400-acre tract as conveyed unto Carlos Benavides and Cecilia
Benavides by deed recorded by under County Clerk's File No. 20150187373 of the Official
Public Records of Real Property of Harris County, Texas and being located on the south right of
way line of Barbers Ifill Road (100 feet wide), also known as F.M. 1942, as recorded under
County clerk's File Numbers 13328808, B357094 and 0357095 of the Official Public Records of
Real Property of Harris County, Texas;
THENCE South 12' 28' 47" East departing from the south right of way line of said
Barbers Hill Road and with the common boundary line of said 119.327-acre tract and said 6.400-
acre tract, a distance of 2,557.53 feet (called 2,557.40 feet) to a 5/8-inch iron rod with cap
stamped "RPLS #5206" found for the commojl southeast corner of the herein described tract and
said 119.327-acre tract and for the southwest corner of said 6.400-acre tract and being located on
the north boundary line of a tract of land conveyed unto Malcom O. Brown by deed recorded in
Volume 1708, Page 211 of the Deed Records of Harris County, Texas from which a 5/8-inch
iron rod with a cap (not legible) found for the southeast corner of said 6.400-acre tract bears
South 77'47' 26" West, a distance of 109.00 feet;
THENCE South 77° 47' 26" West departing from the west boundary line of said 6.400-
acre tract and with the south boundary line of said 119.327-acre tract and in pail with the north
boundary line of said Malcom 0. Brown tract and the north boundary line of a called 14.044-acre
tract as conveyed unto Word of Faith Fellowship Church by deed recorded by under County
Clerk's File No. U757159 of the Official Public Records of Real Property of Harris County,
Texas, a distance of 2,845.80 feet (called 2,845.90 feet) to a 5/8-inch iron rod with yellow cap
stamped"Cobb Fendtey & Associates" set for the for the common southwest corner of said tract
herein described and said 119.327-acre tract and for the southeast corner of a called 18.67-acre
tract as conveyed unto Coastal Industrial Water Authority by deed recorded under County
Clerk's File Number D282570 of the Official Public Records of Real Property of Harris County,
Texas from which a 1/2-inch iron rod in concrete found for the northwest comer of said 14.044-
acre tract bears South 77"4T 26" West, a distance of 711.37 feet;
Page 1 of 3
THENCE North 250 37' 08" East departing from the north boundary line of said 14.044-
acre tract and with the west boundary line of said I I9.327-acre tract and the east boundary line
of said 18.67-acre tract, a distance of 1,483.38 feet (called 1,483.52 feet) to a 5/8-inch iron rod
with cap (not legible) found for an angle point for the common west boundary line of said tract
herein described and said 119.327-acre tract, the east boundary line of said 18.67-acre tract and
for the beginning of a tangent curve to the left;
THENCE continuing with the west boundary line of said 1 19.327-acre tract and the east
boundary line of said 18.67-acre tract and with said tangent curve to the left whose central angle
is 34' 57' 24" and whose radius is 1,000.00 feet (chord bears North 081 08' 37" East, a distance
600.69 feet), for a curve length of 610.11 feet to a 5/8-inch iron rod found for an angle point for
the common west boundary line of said tract herein described and said 119.327-acre tract, the
east boundary line of said 18.67-acre tract and for the point of tangency;
THENCE North 09' 26' 56" Fast continuing with the west boundary line of said
119.327-acre tract and the east boundary line of said 18.67-acre tract, a distance of 732.88 feet
(called 733.28 feet) to a 5/8-inch iron rod with a cap stamped "Pate-Dawson" found for an angle
point for the common west boundary line of said tract herein described and said 119.327-acre
tract and for the east boundary line of said 18.67-acre tract;
THENCE North 18' 36' 40" East continuing with the west boundary line of said
119.327-acre tract and the east boundary line of said 18.67-acre tract, a distance of 68.63 feet
(called 68.12 feet) to a 5/8-inch iron rod with a cap stamped "Pate-Dawson" found for an angle
point for the common west boundary line of said tract herein described and said 119.327-acre
tract and for the southwest corner of a called 0.0729-acre tract as conveyed unto County of
Harris by deed recorded tinder County Clerk's Nile Number 20070645146 of the Official Public
Records of Real Property of Harris County,Texas;
THENCE North 90' 14' 17" East departing from the east boundary line of said 18.67-
acre tract and with the north boundary line of said I I9.327-acre tract and the south boundary line
of said 0.0729-acre tract, a distance of 77.00 feet to a 5/8-inch iron rod with a cap stamped "Pate-
Dawson" found for a common corner of said I I9.327-acre tract and said tract herein described
and for the southeast corner of said 0.0729-acre tract;
THENCE North 09' 45' 56" West with the east boundary line of said 0.0729-acre tract
and the west boundary line of said 119.327-acre tract, a distance of 49.84 feet to a 5/8-inch iron
rod with a cap stamped "Pate-Dawson" found for the common northwest corner of said 119.327-
acre tract and said tract herein described and for the northeast corner of said 0.0729-acre tract
and being located on the south right of way line of said Barbers Hill Road;
THENCE North 80' 25' 17" Fast departing frorn the east boundary line of said 0.0729-
acre tract and Nvith the north bowidary line of said 119.327-acre tract and the south right of way
line of said Barbers Hill Road, a distance of 348.35 feet to a 5/8-inch iron rod with a cap stamped
"Pape-Dawson" found for an angle point for the north boundary line of said tract herein
described, said 1 19.327-acre tract, the south right of way line of said Barbers Hill Road and for
the beginning of a tangent curve to left;
Page 2 of 3
TIIENCE continuing with the north boundary line of said l 19.327-acre tract, the south
right of sway line of'said Barbers Hill Road and with said tangent curve to the left whose central
angle is 03' 13' 16" and whose radius is 2,914.79 feet (chord bears North 79' 07' 54" East, a
distance 163.84 feet), for a curve length of 163.86 feet to a concrete monument found for an
wigle point for (lie north boundary line of said tract herein described, said 119.327-acre, the
south right of way line of said Barbers Hill Road and for the point of tangency;
THENCE North 77' 31' 02" East continuing with the north boundary line of said
1 19.327-acre tract and south right of way line of said Barbers Hill Road, a distance of 1,053.78
feet to the POINT OF BEGINNING and containing 119,328 acres (5,197,923 square feet) of
land, more or less.
Notes:
1. All bearings shown hereon are referenced to the `Texas Coordinate System of 1983, South
Central Zone No. 4204,NAD83 (2011).
2. Square footage area shown is for information only and surveyor does not certify accuracy of
survey to nearest square toot.
3. This metes and bounds description is referenced to a survey drawing prepared by Cobb,
Fendley & Associates, Inc. dated June 23, 2021 and titled `'A BOUNDARY SURVEY OF A
1 19,328 ACRE (5,197,923 SQ. FT.) TRACT SITUATED IN THE GEORGE ELLIS SURVEY,
A-21, 1N HARRIS COUNTY, TEXAS".
Cobb,Fendley& Associates, Inc.
TBPELS firm Registration No. 100467 ZE Of ICY
13430 NW Freeway, Suite 1100 ?;� �* .Q
Houston,TX 77040 o eF.tis
Phone: 713-462-3242 AURELIO 0.CORTE,S..
......................
:ti y 5413 �9
Job Number 21 10-004-06-01
S
June 23, 2021 y suav .
Page 3 of 3
EXHIBIT B—TERMS & CONDITIONS TO CITY'S CONSENT OF THE DISTRICT
I.Bond Purposes
To the extent authorized by law, the District will issue bonds only for the purpose of purchasing and
constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems,
drainage facilities,parks and recreational facilities, or road facilities, or parts of such systems or facilities,
and to make any and all necessary purchases, constructions, improvements, extensions, additions, and
repairs thereto, and to purchase or acquire all necessary land, right-of-way easements, sites, equipment,
buildings,plants,structures,and facilities therefor,to operate and maintain same,and to sell water,sanitary
sewer, and other services within or without the boundaries of the District, and for the refunding of bonds
issued for the purposes set forth herein.
II.Bond Restrictions
(a) Such bonds will expressly provide that the District reserves the right to redeem said bonds on any date
not later than subsequent to the fifteenth (15"') anniversary of the date of issuance without premium and
that such bonds, other than refunding bonds, will be sold only after the taking of public bids therefor, and
none of such bonds, other than refunding bonds,will be sold for less than ninety-five percent(95go)of par;
provided that the net effective interest rate on bonds so sold, taking into account any discount or premium
as well as the interest rate borne by such bonds,will not exceed two percent(2%)above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one (1) month
period next preceding the date notice of the sale of such bonds is given, and that bids for the bonds will be
received not more than forty-five(45) days after notice of sale of the bonds is given.
(b)The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge
of the revenues from the operation of the District's water and sewer and/or drainage system to the payment
of the District's bonds, if any,will terminate when and if the City of Baytown,Texas dissolves the District,
takes over the assets of the District, and assumes all of the obligations of the District.
III.No Unilateral Annexation of City Land
No land located within the extraterritorial jurisdiction of the City of Baytown, Texas will be added or
annexed to the District until the City of Baytown, Texas has given its written consent by resolution or
ordinance of the City Council to such addition or annexation.
IV.District Facilities
(a) Prior to construction of any District facilities, the District shall submit to the City all plans and
specifications of all District facilities for review and approval of the City.
(b)The District shall construct all District facilities according to the plans and specifications approved by
the City, including those approved by the City in a development or utility agreement regarding the District.
(c)The City shall have a right to inspect District facilities in all phases of construction from design through
final completion.
(d) All District facilities related to water, sewer, and wastewater shall be designed with the capability to
connect with existing or planned City facilities of the same purposes.
(e) All District facilities related to parks and roads shall be designed to connect with existing or planned
City parks and roads.
Res.Consent to Creation of Municipal Utility District-Forestar(USA)Real Estate Croup,Inc.-7.25.22 Page 4
V.Development Plan
Prior to any subdivision of land within the District,the Developer shall provide a development plan to the
City for its approval that clearly indicates that the proposed subdivision is in conformance with the City's
subdivision regulations.
Res.Consent to Creation of Municipal Utility District-Forestar(USA)Real Estate Group,Inc.•-7.25.22 Page 5