CC Resolution No. 2806 RESOLUTION NO. 2806
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF BAYTOWN, TEXAS,
GRANTING CONSENT TO THE INCLUSION OF 378.34 ACRES OF LAND WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS,
INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS no land within the extraterritorial jurisdiction of a municipality may be
included in a municipal utility district unless the governing body of the municipality gives its
written consent in accordance with Chapter 42 of the Texas Local Government Code and
Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes, for its written consent to the annexation by Harris County Municipal
Utility District No. 213-A, hereinafter referred to as the"District," of 378.34 acres of land
located within the extraterritorial jurisdiction of the City and more specifically described
in Section 1 hereof; and
WHEREAS, the City Council of the City is in support of the proposed annexation
of the 378.34 acres described in Section 1 hereof by the District and herein gives its
written consent to the inclusion of such property in the territory of the District subject to
the terms and conditions stated herein, which terms and conditions are generally the same
as those placed on the District's territory in January 2018; and
WHEREAS, the District who has requested the City Council's consent has assured the
City that the District is willing to accept such consent based upon the terms and conditions as
hereinafter stated, and that the District, in consideration of the City granting its consent for
the creation of the District has agreed, and by the acceptance of the benefits of this resolution,
does hereby agree to comply with the terms and conditions contained herein; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the terms and conditions specified in Sections 2 and 3
hereof, the City hereby grants its consent to the inclusion in the District of 378.34 acres
of land located within the extraterritorial jurisdiction of the City pursuant to the
provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of
the Texas Water Code. The land to be included within the District is more particularly
described in Exhibit "A" which is attached hereto and made a part hereof for all intents and
purposes, hereinafter the "Land."
Section 2: That the City's consent to the inclusion of the Land in the District is
expressly contingent upon the following:
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of
the District, the petitioners will have a duplicate original of this agreement approved,
ratified and executed by the governing body and officers of the District and will
deliver or cause to be delivered such executed agreement to the City Attorney of the
City.
b. Bonds to be Issued for Specific Purposes Only. Bonds may be issued by the District
only for the purposes of the purchase, construction, acquisition, repair, contracting for,
extension and improvement of or otherwise acquiring land, easements, works,
improvements, facilities, plants, equipment and appliances necessary to:
• provide a water supply for municipal uses, domestic uses and commercial
purposes; collect, transport, process, dispose of and control all domestic or
commercial wastes whether in fluid, solid or composite state;
• construct, acquire, improve, operate, or maintain roads or improvements thereto,
including storm drainage, in aid of those roads;
• construct, acquire, improve, operate, or maintain recreational facilities or
improvements thereto;
• gather, conduct, divert and control local storm water or other local harmful
excesses of water in the District and the payment of organization expenses,
operation expenses during construction, interest during construction, and the cost
of issuing bonds; or
• refund bonds issued for the foregoing purposes.
c. Terms of Bonds. No series of bonds issued by the District shall have a final maturity
date more than twenty-five (25) years from its date of issuance. The District's bonds
shall expressly provide that the District shall reserve the r i g h t to redeem said bonds
on any interest payment date subsequent to the 1 Oth anniversary of the date of issuance
without premium. The bonds shall be sold only after the taking of public bids
therefor. None of the bonds, other than refunding bonds and bonds sold to a federal
or state agency, shall be sold for less than 95% of par; provided, however, 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, shall 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-month period next preceding the date notice of the
sale of such bonds is given. Bids for the bonds shall be received not more than 45 days
after notice of sale of the bonds is given. The District's resolution authorizing the
issuance of the District's bonds must 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 will terminate when and if the City annexes the
territory of the District, takes over the assets of the District and assumes all of the
obligations of the District.
d. Approval for Annexation by District. No land will be added or annexed to the
District until the City has given its written consent by resolution of the City Council
to such addition or annexation.
e. Approval of Plans and Specifications. The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City, before the
commencement of any construction within the territory of the District, all plans and
specifications for the construction of water, sanitary sewer and drainage facilities to
serve such District and obtain written approval of such plans and specifications
from the City Engineer. All water wells, water meters, fire hydrants, flush
valves, valves, pipes and appurtenances installed or used within the territory of the
District shall conform exactly to the specifications of the City. All water service lines
and sewer service lines, lift stations, sewer treatment facilities, and appurtenances
thereto, installed or used within the territory of the District shall comply with the
City's standard plans and specifications. Prior to the construction of such facilities
within the District's territory, the District or its engineer, shall give written notice
by registered or certified mail to the City Engineer, stating the date that such
construction will commence. The construction of the District's water, sanitary sewer
and drainage facilities shall be in accordance with the approved plans and
specifications and with applicable standards and specifications of the City. During
the progress of the construction and installation of such facilities, the City Engineer
of the City, or his duly authorized representative, shall be entitled to snake
periodic on-the-ground inspections at any time. As further definition of the terms used
in this subsection, specific mention of the fact is made that "plans and
specifications," "standard plans and specifications," "approved plans and
specifications," or "applicable standards and specifications" are defined to mean
and to require City approval only of the method of construction and types of materials
to be employed therein by the District and are not meant to limit the discretion of the
board of directors of the District to determine what facilities may be constructed,
paid for and maintained by the District.
f. Employment of Operator. The District must employ an operator holding a valid
certificate of competency issued under the direction of the Texas Commission on
Environmental Quality as required in Section 26.0301 of the Texas Water Code.
The District shall allow representatives of the City to supervise the continued
operations of the sewage treatment facility by making periodic inspections thereof.
g. Subdivisions to be Property Platted. The owner or developer of the land included
within the limits of the District shall,prior to the sale of any lot or parcel of land, obtain
the approval of the Planning and Zoning Commission of the City of a plat which
will be duly recorded in the Map and Plat records of Harris County, Texas, and
otherwise comply with the roles and regulations of the City. The District will not
provide water or sewer service to any lot unless the plat covering such lot has been
approved by the Planning and Zoning Commission.
h. Notice Required before Bond Issuance. Before the issuance of any series of District
bonds, the District shall tender to the City Manager written notice of the contemplated
issuance at least thirty (30) days prior thereto, which notice shall include the amount
of the bonds to be authorized, the timing of such issuance, along with any other
information requested by the City Manager.
i. Water and Sewer Rates. The District will use its best efforts to structure its rates for
water and sewer service in the same manner as the City even though the level of rates
may vary.
j. Treated Water and Sewer Services. The District intends to and shall enter into a contract
with the City of Baytown for the purchase of treated water services. Pursuant to this
Agreement, the District will agree that no water or sewer service shall be provided to land
outside the boundaries of the District without the prior written approval of the City Council
of the City. Additionally, the District shall not construct sewage treatment plant facilities
without the prior approval of the City Council of the City. Nothing contained herein shall
be construed as to require the City to provide sanitary sewer services to the District.
k. No Bonds Issued for Rehabilitation Purposes.No bonds shall be issued for the purpose
of repairing, rehabilitating, maintaining or replacing facilities previously financed or
purchased with bond proceeds.
1. Approval for Bonds Issued after December 31, 2036. After December 31, 2036, the
District may not issue bonds until the City has given its written consent by resolution of
the City Council to such issuance of bonds.
m. Notice to Purchasers. The following notice, with appropriate modifications, shall be
included in the notice to purchasers of real property in the District Information Form
required to be recorded in the Real Property Records of Harris County, Texas,pursuant to
Section 49.455 of the Texas Water Code: "All of the property within the boundaries of the
District is subject to the terms and conditions of a Strategic Partnership Agreement
("Agreement")between the District and the City of Baytown("City"),which was effective
on January 24, 2019. The Agreement allows full —purpose municipal annexation of the
District by the City upon termination of the Agreement and requires limited purpose
annexation of the District by the City as soon as practicable after approval of the
Agreement. A copy of the Agreement may be obtained by contacting the offices of the
District."
n. District Website. The District shall maintain an internet website that fully complies with
the laws of the State of Texas and contains the following information:
• the date and location of the next election for officers of the District; and
• the requirements and deadline for filing for candidacy of each elected office of the
District, which shall be continuously posted for at least one year before the election day
for the office.
o. General Plan and Land Use. The land within the District will be developed in accordance
with the General Plan,which is attached hereto as Exhibit"B" and incorporated herein for
all intents and purposes.
p. Annexation at Any Time. At any time, the City may annex that portion of the District
within its extraterritorial jurisdiction.
Section 3: This consent to annex granted herby is subject to the following:
a. the approval and execution by the City and Friendswood Development Company of a
Second Amendment to Development Agreement substantially in the form attached hereto
as Exhibit"C".
Section 4: This resolution 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 22"d day of November, 2022.
ANDON CAPETILLO, yor
TEST: P�TGK111V
o
z
ANGELA KS ?N, itylCTrV a
APPROVED AS FORNT C;,iO
SCOTT LE ND,City Attorney
R:IScoMOrdinances 11-22-22\Resolution for addition of 378.34(HC213A).docx
EXHIBIT "A"
PETITION FOR CONSENT TO
ADDITION OF LAND TO A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY
COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
The undersigned Lennar Homes of Texas, Land and Construction, Ltd., a Texas limited
partnership,d/b/a Friendswood Development Company(the"Property Owner")and Harris County
Municipal Utility District No. 213-A (the "District"), respectfully petition the City of Baytown,
Texas for its consent to the addition of land to the District. In support of this Petition,the District
would show the following:
I.
The land sought to be added to the District(the "Tract") is described by metes and bounds
in Exhibit"A", attached hereto and made a part hereof for all purposes.
II.
The Tract is located wholly within Harris County, Texas, and within the extraterritorial
jurisdiction of the City of Baytown, Texas, as such term is determined pursuant to Chapter 42
V.T.C.A. Local Government Code.
III.
The Property Owner is the holder of title to a majority in value of the Tract as shown by
the Harris County Tax Rolls and conveyances of record. There are no liens on the Tract.
IV.
The District was organized, created by House Bill 3925, 83`d Texas Legislature, Regular
Session, codified at Chapter 8478, Texas Special District Local Laws Code, effective September
1, 2013 (the"Act"). The District is organized for the purposes found in Chapter 54, Texas Water
Code, as amended, and the Act to provide for:
(1) the control, storage, preservation, and distribution of its storm water and
floodwater,the water of its rivers and streams for irrigation,power and all other useful purposes;
(2) the reclamation and irrigation of its arid, semiarid, and other land needing
irrigation;
(3) the reclamation and drainage of its overflowed land and other land needing
drainage;
(4) the conservation and development of its forests, water, and hydroelectric power;
0 15633.00000 1\4880-3992-3217.v3
(5) the navigation of its inland and coastal water;
(6) the control, abatement, and change of any shortage or harmful excess of water;
(7) the protection, preservation, and restoration of the purity and sanitary condition of
water within the state;
(8) the preservation of all natural resources of the state; and
(9) the construction,operation and maintenance of roads serving the District.
The District is empowered and authorized to purchase, construct, acquire, own, operate,
maintain, repair, improve, or extend inside and outside its boundaries any and all works,
improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes
for which the District is organized.
V.
The general nature of the work to be done by and within the Tract at the present time is the
construction, maintenance and operation of a waterworks system for domestic and commercial
purposes; the construction, maintenance and operation of a sanitary sewer collection system and
sewage disposal plant;the control,abatement and amendment of the harmful excess of waters and
the reclamation and drainage of overflowed lands within the lands to be included within the
District; and the construction, installation, maintenance, purchase and operation of roads, parks
and recreational facilities and of such additional facilities, systems, plants and enterprises as shall
be consistent with the purposes for which the District is organized.
VI.
There is a necessity for the improvements above described because the Tract is located
within an area that is experiencing substantial and sustained residential and commercial growth,is
urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and
services. The health and welfare of the future inhabitants of the Tract require the acquisition and
installation of an adequate waterworks, sanitary sewer and storm drainage system, roads and park
and recreational facilities.
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and storm and sanitary sewer collection and disposal systems will conserve
and preserve the natural resources of this State by promoting and protecting the purity and sanitary
condition of the State's waters and will promote and protect the public health and welfare of the
community; therefore, a public necessity exists for the inclusion of the Tract within the District.
015633.00000114880-3992-3217.v3
V II.
Said proposed improvements are practicable and feasible, in that the terrain of the Tract is
of such a nature that a waterworks system and sanitary and storm sewer systems can be constructed
at a reasonable cost; and said land will be rapidly developed for commercial, multi-family and/or
residential purposes.
VIII.
A preliminary investigation has been instituted to determine the cost of the project
attributable to the Tract,and it is now estimated by those filing this Petition,from such information
as they have at this time, that the ultimate cost of the development contemplated will be
approximately $60,000,000.
WHEREFORE, the undersigned respectfully prays that this Petition be granted in all
respects and that the City Council of the City of Baytown, Texas, adopt a resolution giving its
written consent to the addition of the Tract to the District.
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0 15633.00000 1\4880-3992-3217.v3
RESPECTFULLY SUBMITTED THIS N'" 6-f «° , 2022.
"DISTRICT"
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 213-A
C�—,/ �� .
P ent, Board of Direc
ATTEST:
Secre ary d of Directors
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the j�_ day of tL(W.0 .022, by
11 PEI G tv,,� _ and ft=R KW%" ,!�Q CIS, of the Board of
Directors o arris County Municipal Utility District No.213-A, a po itical subdivision,on behalf
of said political subdivision.
L;
Notary Public in and for
�-^ KRYSTAL ANN JOSf_PH the State of Texas
NOTARY 10 013299732'8
My Commission Expires
March 25.2025
i ;6 4, ,
015633.000001\4880-3992-3217.v3
"PROPERTY OWNER"
Lennar Homes of Texas,Land and Construction,
Ltd.,a Texas limited partnership,
d/b/a Friendswood Development Company
By: U.S. Home LLC,a Del e
Limited Liability y, its general partner
By:
Name: chAel W.Johnson
Title: vice Pros dent
THE STATE OF7T2 X.QS §
COUNTY OF Oaf f 13 §
his instrument was ac70p-
wledged before me on this day of NCNV.'Mbef ,2022,
a by K� _ e1 w —Sao, pr'e i deni of U.S. Home LLC, a Delaware Limited
Liability Company, general partner of Lennar Homes of Texas, Land and Construction, Ltd., a
Texas limited partnership,d/b/a Friendswood Development Company,on behalf of said entities.
ffpHal
EZ I
7384 plres Notary Public in and for y
the State of —T2xS
(SEAL)
C 1 SG33.000001\4880-3992-3217.v3
I
f ExHlerr"A"
f Tract 1:
A METES&BOUNDS description of a certain 15.762 acre tract of land situated in the George Ellis Survey,
Abstract No. 21 in Harris County,Texas, being all of Lot 3 as shown on the plat for the A.M. Dalquist
Estates,recorded in Volume 16,Page 65 of the Harris County Map Records and described in the deed
to Malcom 0 Brown and Helen Joyce Brown,recorded under Clerk File Number D574011 of the Harris
County Official Public Records of Real Property; said 15.762 acre tract being more particularly
described as follows with all bearings being based on the Texas Coordinate System, South Central
Zone, NAD 83;
COMMENCING at a 1-inch iron pipe found at the southeast corner of Lot 3,Block 19 of the Elena Fruit
&Cotton Farms plat,recorded in Volume 7, Page 48 of the Harris County Map Records,common with
the northeast corner of a called 120 acre tract described in the deed to Beverly Sansom, recorded
under Clerk's File Number K164705 of the Harris County Official Public Records of Real Property and
being in the westerly right-of-way line of North Main Street(a 60-foot right-of-way);
THENCE, North 12 Degrees 30 Minutes 22 Seconds West, with the westerly right of-way line of said
North Main Street, common with the easterly line of said Lot 3, Block 19,a distance of 1.193.79 feet;
THENCE, South 77 Degrees 29 Minutes 38 Seconds West, over and across said North Main Street, a
distance of 60.00 feet to a 3/4-inch iron rod (with cap stamped "Jones I Carter property corner')set
in the easterly right-of-way line of said North Main Street, at the southwest corner of said Lot 3,
common with the northwest corner of a called 31.574 acre tract described in the deed to Missouri
Pacific Railroad Company, recorded under Clerk's File Number R802767 of the Harris County Official
Public Records of Real Property and being the POINT OF BEGINNING of the herein described tract;
THENCE,North 12 Degrees 30 Minutes 22 Seconds West,with said easterly right-of-way line,summon
with the westerly line of said I of 3,a distance of 261.70 feet to a 3/4-inch iron rod(with cap stamped
"JoneslCarter property corner") set zit the northwest corner of said Lot 3, common with the
southwest corner of Lot 4 of said A.M. Dalquist Estates;
THENCE,North 77 Degrees 46 Minutes 43 Seconds East,with the northerly line of said Lot 3,common
with the southerly line of said Lot 4, a distance of 2623.56 feet to the northeast corner of said Lot 3,
common with the southeast corner of said Lot 4 and being in the westerly line of Lot 19 out of the
George Ellis League, recorded in Volume 72, Page 459 of the Harris County Deed Records;
THENCE,South 12 Degrees 30 Minutes 09 Seconds East,with the easterly line of said lot 3,common
with the westerly line of said Lot 19, a distance of 261.,70 feet to a 5/8-inch iron rod with Landtech
Cap found at the northeast corner of said 31.574 acres, common with the southeast corner of said
Lot 3;
Exhihit A•Page 1 of 14
e
I
THENCE,South 77 Degrees 46 Minutes 43 Seconds West,with the northerly line of said 31.574 acres,
common with the southerly line of said Lot 3,a distance of 2623.54 feet to the POINT OF BEGINNING,
CONTAINING 15.762 acres of land in Harris County,Texas as shown on drawing number 16292 in the
offices of Jones ICarter in Bellaire,Texas.
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Exhibit A-Page 2 of 14
1
Tract 2:
t
i
`s
l
A METES&BOUNDS description of a certain 15.762 acre tract of land situated in the George Ellis Survey,
Abstract No. 21 in Harris County,Texas, being all of Lot 4 as shown on the plat for the A.M. Dalquist
Estates,recorded in Volume 16, Page 65 of the Harris County Map Records and described in the deed
to Malcom 0 Brown and Helen Joyce Brown,recorded under Cleric File Number D574010 of the Harris
County Official Public Records of Real Property; said 15.762 acre tract being more particularly
described as follows with all bearings being based on the Texas Coordinate System, South Central
Zone,NAD 83;
COMMENCING at a 1-inch iron pipe found at the southeast corner of lot 3,Block 19 of the Elena Fruit
&Cotton Farms plat, recorded in Volume 7,Page 48 of the Harris County Map Records,common with
the northeast corner of a called 120 acre tract described in the deed to Beverly Sansom, recorded
under Clerk's File Number I<164705 of the Harris County Official Public. Rec.urJs of Real Piupei ty ecrd
being in the westerly right-of-way line of North Main Street(a 60-foot right-of-way);
THENCE, North 12 Degrees 30 Minutes 22 Seconds We%t, with the westerly right-of-way line of said
North Main Street, common with the easterly line of said Lot 3, Block 19, a distance of 1193.79 feet;
THENCE, South 77 Degrees 29 Minutes 38 Seconds West, over and across said North Main Street, a
distance of 60,00 feet to a 3/4-inch iron rod (with cap stamped "Jones I Carter property corner") set
in the easterly right-of-way line of said North Main Street, at the southwest corner of Lot 3,of said
A.M. Dalquist Estates, common with the northwest corner of a called 31.574 acre tract described in
the deed to Missouri Pacific Railroad Company, recorded under Clerk's File Number R802767 of the
Harris County Official Public Records of Real Property,
THENCE,North 12 Degrees 30 Minutes 22 Seconds West,with said easterly right-of-way line,common
with the westerly line of said Lot 3,a distance of 261.70 feet to a 3/4-inch iron rod(with cap stamped
"Jones)Carter property corner") set at the northwest corner of said Lot 3, common with the
southwest corner of said Lot 4 and being the POINT OF BEGINNING of the herein described tract;
THENCE,North 12 Degrees 30 Minutes 22 Seconds West,with said easterly right-of-way line,common
with the westerly line of said Lot 4, a distance of 261.70 feet to a 1-inch iron bar found at the
northwest corner of said Lot 4, common with the southwest corner of Lot 5, of said A.M. Dalquist
Estates;
THENCE,North 77 Degrees 46 Minutes 43 Seconds East,with the northerly line of said Lot 4,common
with the southerly line of said Lot 5, a distance of 2623.57 feet to the northeast corner of said lot 4,
common with the southeast corner of said Lot 5 and being in the westerly line of Lot 19 out of the
George Ellis League, recorded in Volume 72, Page 459 of the Harris County Deed Records;
THENCE,South 12 Degrees 30 Minutes 09 Seconds East,with the easterly line of said lot 4,common
with the westerly line of said Lot 19,a distance of 261.70 feet to a 3/4•inch iron rod(with cap stamped
rAlPil A• Vqe ;of 14
"JonesI Carter property corner")set at the northeast corner of said Lot 3,common with the southeast
corner of said Lot 4;
THENCE, South 77 Degrees 46 Minutes 43 Seconds West, with the northerly line of said Lot 3,
common with the southerly line of said Lot 4,a distance of 2623.56 feet to the POINT OF BEGINNING,
CONTAINING 15.762 acres of land in Harris County,Texas as shown on drawing number 16292 in the
offices of Jones I Carter in Bellaire,Texas,
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Exhibit A-Page 4 of 14
+i
1
i
i
Tract 3:
A METES&BOUNDS description of a certa'n 41 640 icre tract of land situated in the George Ellis Survey,
Abstract No.21 in Harris County,Texas,being out of Lot 3,Block 19 of the Elena Fruit&Cotton Farms
plat, recorded in Volume 7, Page 48 of the Harris County Map Records and described in the deed to
Helen Joyce Brown, Linda Sue Brown and Malcom Brown, Jr, Co-Trustees for the Malcom Orval
Brown, Sr, Family Trust, recorded under Clerk's File Number X954415 of the Harris County Official
Public Records of Real Property; said 41.640 acre tract being more particularly described as follows
with all bearings being based on the Texas Coordinate System,South Central Zone, NAD 83;
BEGINNING at a 1-inch iron pipe found at the southeast corner of said Lot 3, common with the
northeast corner of a called 120 acre tract described in the deed to Beverly Sansom, recorded under
Clerk's File Number K164705 of the Harris County Official Public Records of Real Property and being
in the westerly right-of-way line of North Main Street(a 60-toot right-of-way);
THENCE, South 77 Degrees 56 Minutes 08 Seconds West, with the southerly line of said Lot 3,
common with the northerly line of said 120 acres,a distance of 1351.57 feet to a 1/2-inch iron rod
with BHA plastic cap found at the northeast corner of a called 58.5511 acre tract described in the
deed to Goose Creek Consolidated Independent School District, recorded under Clerk's File Number
RP-2018-302358 of the Harris County Official Public Records of Real Property, common with the
northwest corner of said 120 acres;
THENCE, South 77 Degrees 49 Minutes 42 Seconds West, with the southerly line of said Lot 3,
common with the northerly line of said 58.5511 acres, a distance of 1263.83 feet to the southwest
corner of said Lot 3 and from which a found 1/2-inch iron rod bears,South 78 Degrees 17 Minutes 02
Seconds West,a distance of 1.75 feet,
THENCE,North 12 Degrees 26 Minutes 10 Seconds West,with the westerly line of said Lot 3,common
with the easterly lines of a called'33.'119 acre tract described in the deed to SCI rexas Funeral Services,
Inc.,recorded under Clerk's File Number RP-2016-119789 of the Harris County Official Public Records
of Real Property and a called 15.358 acre tract described in the deed to Missouri Pacific Railroad
Company, recorded under Clerk's File Number R400764 of the Harris County Official Public Records
of Real Property, a distance of 694.84 feet to a 3/4-inch iron rod (with cap stamped "JonesICarter
property corner") set at the southwest corner of a called 6,001 acre tract described in the deed to
Missouri Pacific Railroad Company,recorded under Clerk's File Number R276773 of the Harris County
Official Public Records of Real Property;
THENCE, North 77 Degrees 54 Minutes 33 Seconds East,with the southerly line of said 6.001.acres,a
distance of 2614.56 feet to a 5/8-inch iron rod with Landtech plastic cap found at the southeast corner
of said 6.001 acres and being in the westerly right-of-way line of said North Main Street, common
with the easterly line of said Lot 3;
1-xOibit A-Page S of 14
I
THENCE,South 12 Degrees 30 Minutes 22 Seconds East,with said common line, a distance of 693.69
feet to the POINT OF BEGINNING,CONTAINING 41.640 acres of land in Harris County,Texas as shown
on drawing number 16292 in the offices of Jonesl Carter in Bellaire,Texas.
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Exhibit A-Page 6 of 14
f
f
I
Tract 4:
)
A METES&BOUNDS description of a certain 47.428 acre tract of land situated in the George Ellis Survey,
Abstract No.21 in Harris County,Texas, being out of the south one half of Lot 19 out of the George
Ellis League, recorded in Volume 72, Page 459 of the Harris County Deed Records and described in
the deed to Helen Joyce Brown, Linda Sue Brown and Malcom Brown,Jr,Co-Trustees for the Malcom
Orval Brown, Sr, Family Trust, recorded under Clerk's File Number X954414 of the Harris County
Official Public Records of Real Property; said 47.428 acre tract being more particularly described as
follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83;
COMMENCING at a 1-inch iron pipe found at the southeast corner of Lot 3, Block 19 of the Elena Fruit
&Cotton Farms plat, recorded in Volume 7, Page 48 of the Harris County Map Records,common with
the northeast corner of a called 120 acre tract described in the deed to Beverly Sansom, recorded
under Clerk's File Number K164705 of the Harris County Official Public Records of Redl Proper ty d1ld
being in the westerly right-of-way line of North Main Street(a 60-foot right-of-way);
1 HENCE, North 12 Degrees 30 Minutes 2.2 Seconds West, with the westerly right-of-way line of said
North Main Street,common with the easterly line of said Lot 3, Block 19,a distance of 1193.79 feet;
THENCE, South 77 Degrees 29 Minutes 38 Seconds West, over and across said North Main Street,a
distance of 60.00 feet to a 3/4-inch iron rod (with cap stamped "Jones I Carter property corner")set
in the easterly right-of-way line of said North Main Street,at the southwest corner of Lot 3 as shown
on the plat of the A.M. Dalquist Estates, recorded in Volume 16, Page 65 of the Harris County Map
Records, common with the northwest corner of a called 31.574 acre tract described in the deed to
Missouri Pacific Railroad Company,recorded under Clerk's File Number R802767 of the Harris County
Official Public Records of Real Property;
THENCE, North 77 Degrees 46 Minutes 43 Seconds Cast,with the northerly line of said 31.574 acres,
common with the southerly line of said Lot 3, a distance of 2623.54 feet to a 5/8-inch iron rod with
landtech Cap found at the northeast corner of said 31.574 acres,common with the southeast corner
of said Lot 3, the northwest corner of a called 31.912 acre tract described in the deed to Missouri
Pacific Railroad Company, recorded under Clerk's File Number R276773 of the Harris County Official
Public Records, in the westerly line of said Lot 19 and ueing the POINT OF BEGINNING of the herein
described tract;
THENCE, North 12 Degrees 30 Minutes 09 Seconds West,with the easterly line of said lot 3 and Lots
4 and 5 of said A.M. Dalquist Estates, common with the westerly line of said Lot 19, a distance of
793.89 feet to a 3/4-inch iron rod (with cap stamped "Jones)Carter property corner") set at the
northwest corner of the south one half of said Lot 19;
THENCE, North 77 Degrees 59 Minutes 28 Seconds East,with the northerly line of the south one half
of said Lot 19, a distance of 2618.71 feet to a 3/4-inch iron rod (with cap stamped "JonesICarter
rxllfb;l A Page i or tit
property corner") set at the northeast corner of the south one half of said Lot 19 and being In the
westerly rlght-of-way line of Hadden Road(a 60-foot right-of-way);
THENCE,South 12 Degrees 28 Minutes 09 Seconds East, with said westerly right-of-way, a distance
of 784.17 feet to a 3/4-inch iron rod (with cap stamped "Jones I Carter property corner") set at the
northeast corner of a called 5.1650 acre tract described in the deed to Harris County,recorded under
Clerk's File Number W444687 of the Harris County Official Public Records of Real Property;
THENCE,South 77 Degrees 46 Minutes 43 Seconds West,with the northerly lines of said 5.1650 and
31.912 acre tracts, a distance of 2618.19 feet to the POINT OF BEGINNING, CONTAINING 47.428
acres of land in Harris County, Texas as shown on drawing number 16292 in the offices of
Jones Carter in Bellaire,Texas,
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Exhibit A-Page 8 of 14
a
Tract 5:
A METES&BOUNDS description of a certain 86.268 acre tract of land situated in the George Ellis Survey,
Abstract No.21 in Harris County,Texas,being all of the called 28.865 and 57.486 acre tracts described
in the deed to Michael W. Chatham, recorded under Clerk's File Number RP-2021-251322 of the
Harris County Official Public Records of Real Property; said 86.268 acre tract being more particularly
described as follows with all bearings being based on the Texas Coordinate System, South Central
Zone, NAD 83;
BEGINNING at a 1/2-inch iron rod with Chandler plastic cap found at the northeast corner of said
28.865 acres,common with the southeast corner of a called 5.000 acre tract of land described in the
deed to Man K. Wang, Jian Ming Guan and David Ho, recorded under Clerk's File Number
20070437059 of the Harris County Official Public Records of Real Property and being in the westerly
line of Lot 3, Block 19 of the Elena Fruit& Cotton Farms plat, recorded in Volume 7, Page 48 of the
Harris County Map Records;
THENCE, South 12 Degrees 22 Minutes 14 Seconds East, with the easterly line of said 28.865 acres,
common with the westerly lines of Lots 3 and 2, Block 19 of said Elena Fruit& Cotton Farms plat, a
distance of 528.75 feet to a 5/8-inch iron rod found at the southeast corner of said 28.865 acres,
common with the northeast corner of sa•d 57.486 acres;
THENCE, South 12 Degrees 26 Minutes 10 Seconds East, with the easterly line of said 57.486 acres,
common with the westerly lines of Lots 1 and 1, Block 19 of said Elena Fruit & Cotton Farms plat a
distance of 1178.47 feet to the southeast corner of said 57.486 acres, common with the northeast
corner of a called 15,358 acre tract described in the deed to Missouri Pacific Railroad Company,
recorded under Clerk's File Number R400764 of the Harris County Official Public Records of Real
Property and from which a found 5/8-inch iron rod with cap stamped Landtech bears, South 14
Degrees 22 Minutes 54 Seconds East,a distance of 0.57) feet;
THENCE,with the southerly line of said 57.486 acres, common with the northerly line of said 15.358
acres the following 4 calls;
1. South 77 Degrees 53 Minutes 23 Seconds West, a distance of 784.22 feet to a set 3/4-inch
iron rod(with cap stamped"Jones I Carter property corner")at the beginning of a curve to the
right;
2. With said curve turning to the right,having a radius of 1587.28 feet, a chord bearing of South
89 Degrees 36 Minutes 34 Seconds West, a chord length of 644.83 feet and an arc length of
649.35 feet, to a found 5/8-inch iron rod;
3. North 78 Degrees 40 Minutes 15 Seconds West,a distance of 260.62 feet to a found 5/8-inch
iron rod at the beginning of a curve to the left;
Fdiibil A-Page 9 of 14
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4. With said non tangent curve turning to the left, having a radius of 1687.28 feet, a chord
bearing of North 89 Degrees 47 Minutes 12 Seconds West, a chord length of 651.02 feet and
an arc length of 655.13 feet,to a found 5/8-inch iron rod with cap stamped Landtech;
THENCE, South 79 Degrees 05 Minutes 39 Seconds West, continuing with said common line, a
distance of 116.41 feet to a 3/4-inch iron rod(with cap stamped"Jones)Carter property corner")set
at the southwest corner of said 57.486 acres,common with the northwest corner of said 15.358 acres
and being in the easterly right-of-way line of Garth Road(right-of-way varies);
THENCE, North 10 Degrees 54 Minutes 06 Seconds West, with the westerly lines of said 57.486 and
28.865 acres, common with the easterly right-of-way line of said Garth Road, a distance of 1328.80
feet to the northwest corner of said 28.865 acres, common with the southwest corner of a called
28.8505 acre tract described in the deed to Five Star Builders,Inc,recorded under Clerk's File Number
RP-2018-139058 of the Harris County Official Public Records of Real Property and from which a found
1/2-inch iron rod bears, South 77 Degrees 49 Minutes 33 Seconds West,a distance of 1.15 feet;
THENCE, North 77 Degrees 49 Minutes 33 Seconds East,with the northerly line of said 29.865 acres,
common with the southerly lines of said 28.8505 and 5.000 acres, a distance of 2370.00 feet to the
POINT OF BEGINNING, CONTAINING 86.268 acres of land in Harris County, Texas as shown on
drawing number 16032 in the offices of Jones ICarter in Bellaire,Texas.
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Exhibit A-Page 10 of 14
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II
? Tract 6;
A METES&BOUNDS description of a certain 150.113 acre tract of land situated in the George Ellis Survey,
Abstract No. 21 in Harris County, Texas, being out of Lots 1, 2 and 3, Block 19 of the Elena Fruit &
Cotton Farms plat, recorded in Volume 7, Page 48 of the Harris County Map Records and described
in the deed to Helen Joyce Brown, Linda Sue Brown and Malcom Brown, Jr, Co-Trustees for the
Malcom Orval Brown, Sr, Family Trust, recorded under Cleric's File Number X954415 of the Harris
County Official Public Records of Real Property; said 150.113 acre tract being more particularly
described as follows with all bearings being based on the Texas Coordinate System, South Central
Zone, NAD 83;
COMMENCING at a 1-inch iron pipe found at the southeast corner of said Lot 3, common with the
northeast corner of a called 120 acre tract described in the deed to Beverly Sansom, recorded under
Clerk's File Number K164705 of the Harris County Ofticial Public Records of Deal Property and being
in the westerly right-of-way line of North Ma;n Street(a 60-foot right-of-way);
THENCE, North 12 Degrees 30 Minutes 22 Seconds West,with the westerly right-of-way line of said
North Main Street, common with the easterly line of said Lot 3, a distance of 793.69 feet to a 3/4-
inch iron rod (with cap stamped "Jones I Carter property corner") set at the northeast corner of a
called 6.001 acre tract described in the deed to Missouri Pacific Railroad Company, recorded under
Clerk's File Number R276773 of the Harris County Official Public Records of Real Property and being
the POINT OF BEGINNING of the herein described tract
THENCE,South 77 Degrees 54 Minutes 33 Seconds West, with the northerly line of said 6.001 acres,
a distance of 2614.44 feet to a 5/8-inch iron rod with Landtech plastic cap found at the northwest
corner of said 6.001 acres and being in the westerly line of said Lot 3,common with the easterly line
of a called 15.358 acre tract described in the deed to Missouri Pacific Railroad Company, recorded
under Clerk's File Number R400764 of the Harris County Official Public Records of Real Property;
THENCE,North 12 Degrees 26 Minutes 10 Seconds West,with the westerly lines of said Lot 3 and Lot
2,common with the easterly lines of said 15,358 acres and a called 57.486 acre tract described in the
deed to Michael W. Chatham, recorded under Clerks File Number RP-2021-251322 of the Harris
County Official Public Records of Real Property,a distance of 1179.02 feet to a 5/8-inch iron rod FOLInd
at the northeast corner of said 57.486 acres, common with the southeast corner of a called 28.865
acre tract described in the deed to Michael W. Chatham, recorded under Cleric's File Number RP-
2021-251322 of the Harris County Official Public Records of Real Property;
THENCE, North 12 Degrees 22 Minutes 14 Seconds West,with the westerly lines of said Lot 2 and Lot
1,common with the easterly lines of said 28.865 acres,a called 5.000 acre tract described in the deed
to Man K.Wang,et al,recorded under Clerk's File Number 20070437059 of the Harris County Official
Public Records of Real Property,a called 28,8505 acre tract described in the deed to Five Star Builders,
Inc.,recorded under Clerk's File Number RP-2018-139058 of the Harris County Official Public Records
of Real Property and a called 14.044 acre tract described in the deed to Word of Faith Fellowship
1.01bil A-11,irc 11 of 14
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Church, recorded under Clerk's File Number U757159 of the Harris County Official Public Records of
Real Property, a distance of 1321.35 feet to a 3/4-inch iron rod (with cap stamped "JonesICarter
property corner") set at the northeast corner of said 14.044 acres, common with the northwest
corner of said Lot 1 and being in the southerly line of a called 119.398 acre tract described in the deed
to Forestar (USA), recorded under Clerk's File Number RP-2021-55748 of the Harris County Official
Public Records of Real Property;
THENCE,North 77 Degrees 47 Minutes 24 Seconds East,with the northerly line of said Lot 1,common
with the southerly line of said 119.398 acres, a distance of 1206.67 feet to a 5/8-inch iron rod found
at the southeast corner of said 119.398 acres, common with the southwest corner of a called 6.400
acre tract described in the deed to Carlos Benavides, recorded tinder Clerk's File Number
20150187373 of the Harris County Official Public Records of Real Property;
THENCE,North 71 Degrees 48 Minutes 25 Seconds East,with the northerly line of said Lot 1,common
with the southerly lines of said 6.400 acres and a called 6.839 acre tract described in the deed to Ivan
Leija, recorded under Clerk's File Number RP-2021-166816 of the Harris County Official Public
Records of Real Property, a distance of 1403.17 feet to a 3/4-inch iron rod (with cap stamped
"Jones)Carter property corner") at the southeast corner of said 6.839 acres, common with the
northeast corner of said Lot 1 and being in the westerly right-of-way line of said North Main Street;
THENCE,South 12 Degrees 30 Minutes 22 Seconds East,with the easterly lines of said Lots 1, 2 and
3, common with said westerly right-of-way line, a distance of 2505.41 feet to the POINT OF
BEGINNING,CONTAINING 150,113 acres of land in Harris County,Texas as shown on drawing number
16292 in the offices of Jones I Carter in Bellaire,Texas.
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Exhibit A-Page 12 of 14
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C Tract,7
All Chat pertain tract or parcel containinV 6.001 acres of land
situated 16 the George E111s Laaguu, Abstract No. 23., 11arris
County TOXau, Gaid 6.001 acre tract being out of Lot 3, Block 19,
unit. ':', of the Elena Fruit and Cotton Farms subdivision as
reflected Oil the slap or plat thereof kocordod in Volusno 7, Page 48
of Harrib County Map Records (H.C.14.11.) and being a Portion of a
called 200 acre tract co►iveyed to Malcom 0. mown, at al by deed
dated December 22, 1947 and recorduo in Volume 17,98, Page 2o3,
Harris County Deed Records (EI.c.D.R.). Boprings and coordinates
recited heroin are grid and are reftlydneud to the Texas Coordinate
System, NAD 2,983, South Central Zone and based on a combined scale
Factor of 0.999899884. Said 6.001 acre tract is more particularly
described by meter. and bounds as follows.
COMMENCING at a 1" inch roe pipe round at the I Qrsaction of the
northern boundary of sai 200 acre tract and Lot 2 pf said Block 19
with the west right of way line of North Hain street., also known as
Crosby-Cedar Bayou Road, based on a variable width;
TI[ENQN B 12.27152" E, along the want right of Way line of North
Main Street, a dihtanea of 2 SOS.11 rant to a 5/8 Anch iron rod set
for the northltant corner and POINT OF BEGINNING of the herein
described tract, having coordinates of N = L3,871,852.29, and E a
3,245,075.81;
THENCE S 1212715211 t,, Continuing Cluny said west right of way line
of North Main Street, a distance of 100.00 feet to a 5/6 inch iron
rod set for the southeast corner of the herein described tract;
THENCE s 77°9d116" W. a distance of 2614.02 feet to a 5/e" iron rod
set in the east boundary of a called l2.832 afro tract convoyed to
Landcraft, Inc. by deed dated jvly S, 1998 and recorded under
II.C.C.F. No, L753442 for the southwest Cotner of the herein
described tract;
HENCE N 12°25'S5" Iv, aloncl the east bbotndary of said Landcraft
' E:aot, a distance of 100.00 Feet to a 5/B inc tht iron rod sett for the
northwest corner of the herein described tract;
THENCE: N 77*5411611 F., a distance of 2613.D6 feet to the POINT
OF OEGINNING and containing 6.001 acres of land
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Ntt9c 1 of 14
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All that certain tract or parcel containing 15.358 acres of land
situated in the George Ellis League,Abstract No. 21, Harris County,
Texas,said 35..390 sgkO tract being part of a called 73.932 acre tract
conveyed to Landcraft,.Inc.by dead dated July 5,198.,#and recorded under
Harris County Clark'a F110 H.C.C.F.j No.L753442 and part of`the south
half of Lot 16 of the Subdivision of the George Ellis League as recorded
in Volume 72, Page 459, Harris County Dead Records. Bearings and
coordinates recited herein are grid and are referenced to the Texas
coordinate System, HAD 1903, South Central Lone and based on a combined
.,cola factor of 0.999899804, Said 15.350 acre tract is more
particularly described by metes and bounds as follows:
DEOINVING at a 1/2 inch iron rod found in the east right of way line of
Garth Road, based on a variable width, for the northwest corner of a
called 33.119 acre tract conveyed to Earthman's, Inc. by dead dated
January l9, 1909 and recorded in H.C.C.F. No. H017304, and the
southwest corner of said 72.032 acre tract, having coovdinntes of N
13,070,656.52,E-3,240,904.05;
THENCE N 10°52'15" W, along the eant right of way line of Garth Road, a
distance of 520.42 feet to a 5/0 inch iron rod set for the north corner
of the herein described tract;
THENCE N 79.06132"E,d distance of 110.46 feet to a 5/8 inch iron rod set
for the beginning of a nurve whose circle center bears S 10,53'42"E;
THENCE in a easterly direction, 655.13 feet along the arc of a curve to
the right having a radius of 1607.28 feet,a central angle of 22.1414711,
and a chord which boars S 89046119"E, 551.02 feet to a 5/8 inch iron rod
set for a point of tangency;
THENCE S 78.3912211£,a distance of 260.62 feet to 5/8 inch iron rod set
for the beginning of a curve whose circle center bears N 11*2013811E;
THENCE in a easterly direction, 649. 35 feet along the arc of a curve to
the left having a radius of 1587.28 feet,a central angle of 2302612211,
and a chord which bears N 69-37127"E, 644.03 feet to a 5/6 inch iron rod
set for a point of tanguncy;
THENCE N 77°54'16"E, a distance of '184.19 feet to a 5/8 inch iron rod
set in the east boundary of said 72.032 acre tract and the west
boundary of a culled 2UO acre tract conveyed to Malcom O. Drown, et al by
deed dated DoeaMber 22, 1947 and recorded in Volume 1708, Page 203,
Harris County Deed Records for the northeast corner of the herein
described tract;
THENCE s 12.25155" E, along the common boundary of said Drown and
Landcruft Tracts,a distance of 141.07 feet to a 5/0 inch iron rod set for
the southeast corner of the herein described tract, from which a found
1/2 inch iron rod bears S 11*20'11"E,10.34 feet;
THENCE S 77.49'40"W, along the common boundary of raid Earthman's and
Landcraft Tracts, a distance of 2421.10 feet to the POINT )F BEGINNING
and containing 15.358 acres of land.
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f
Exhibit A-Page 14 of 14
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