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Ordinance No. 15,349 ORDINANCE NO. 15,349 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WATER SUPPLY AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Water Supply Agreement with Chambers County Improvement District No. 3. Said amendment is attached as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 26"' day of January, 20223 ®�yTt71 b�` DON CA ETILLO, Mayor ATTEST: �e4�,......... ANGELARACKSON, City Clerk ' - - -' OF S" APPROVED AS T FORM: SCOTT LEM ND, City Attorney RAKaren Anderson'ORDINANCES\2023\2023.01.26 IstAmendment2CC1D3WaterSupplyAgreement.docx EXHIBIT "A" FIRST AMENDMENT TO WATER SUPPLY AGREEMENT This First Amendment to Water Supply Agreement (this "First Amendment") is entered into to be effective as of , 2022, by and between the City of Baytown, Texas, a municipal corporation and home-rule city which is principally located in Harris County, Texas and Chambers County, Texas (the "City"), and Chambers County Improvement District No. 3, a municipal utility district created pursuant to Article XVI, Section 59, Texas Constitution (the "District"). RECITALS WHEREAS, the City and the District entered into that certain Water Supply Agreement (the "Agreement"), dated as of April 30, 2012 (the 'Effective Date"), pursuant to which the City agreed to provide water supply services to the Service Area(as defined in the Agreement);and WIIEREAS, the District is in the process of annexing land into the boundaries of the District and the land to be annexed is not currently within the boundaries of the Service Area; and WHEREAS, the City and the District desire to amend the agreement (i) to align the capacity and quantity requirements to the needs of the District, and (ii) include the land to be annexed by the District in the Service Area. NOW THEREFORE, for and in consideration of the mutual covenants and agreements here contained,the parties do hereby mutually agree as follows: AGREEMENT For and in consideration of the mutual covenants and terms contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the City and the District agree as follows: 1. Unless otherwise specifically set forth in this First Amendment, all capitalized terms herein shall have the meanings set forth in the Agreement. 2. Section 1.07 of the Agreement is hereby deleted in its entirety and replaced with the following: 1.07 "Service Area" shall mean all the land described in the attached Exhibit "A", which is incorporated herein for all intents and purposes, and any additional land which is annexed by the District with the City's consent. First Amendment,Page 1 3. Exhibit "A" of the Agreement is hereby deleted in its entirety and replaced with the Exhibit "A" attached hereto. 4. Article IV "QUANTITY AND CAPACITY" of the Agreement is hereby deleted in its entirety and replaced with the following: ARTICLE IV QUANTITY AND CAPACITY 4.01 General. Subject to the terms and conditions of this Agreement, City agrees to sell and deliver(or cause to be delivered)to the District, the District's Water requirements, and the District agrees to purchase from City the District's Water requirements for resale during the term of this Agreement for water services to be supplied to the Service Area as defined in Article I hereof. The District's total Water requirements shall mean the total quantity of Water the District needs to conduct operations, use or resell within the Service Area. The maximum amount of total Water that the City shall be obligated to provide shall be no more than 351,406 gallons per day ("gpd") average daily flow and no more than 864,435 gpd average daily flow at full build-out; provided that such quantities do not exceed the rate of 400 gpd times the actual number of equivalent single-family connections ("ESFC") calculated pursuant to Chapter 114 of the Code of Ordinances, Baytown, Texas, as it currently exists and as hereinafter amended. Any increase in quantity above the annual 110% quantity adjustment set forth in Section 4.02 below must be approved in writing by the City's Director of Public Works and Engineering, which approval may not be unreasonably withheld, but may not exceed 864,435 gpd average daily flow. The Director shall provide a written response to the District within thirty (30) days of the District's request for such an increase. 4.02 Adjusted Quantity. It is expressly understood and agreed that the quantity specified in Section 4.01 and the capacity reserved in Section 4.03 shall be adjusted annually to a quantity that equals 110% of the average annual Water usage during the previous year; provided that such quantity does not exceed the quantities specified in Section 4.01. 4.03 Capacity Reserved. The City covenants and agrees that the City shall reserve for the benefit of the District, the capacity in its water supply facilities sufficient to supply the quantity established in Section 4.01 and adjusted in Section 4.02 of this Agreement. However, the District shall not be guaranteed any specific quantity or pressure of Water for the services to be provided herein by the City if the City's Water supply is limited or when the District's equipment may become inoperative due to unforeseen breakdown or scheduled maintenance and First Amendment,Page 2 repairs, and the City is in no case to be held to any liability for failure to furnish any specific amount or pressure of Water. 4.04 Service Contracts with Other Entities. The District shall not permit any entity located outside the Service Area to connect to the District's System during the term of this Agreement without the express prior written consent of the City. Failure to comply with this provision shall constitute an Event of Default. 3. This First Amendment shall continue in full force and effect for the same period as the Agreement. 4. Except as specifically amended in this First Amendment, the First Amendment and the Agreement shall remain in full force and effect in accordance with their terms and conditions, which terms and conditions shall apply to this First Amendment. In the event of any conflict between this First Amendment and the Agreement, the terms and conditions of this First Amendment shall govern and control. 5. This First Amendment and the Agreement embody the entire agreement between the City and the District relative to the subject matter hereof and thereof. 6. This First Amendment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES COMMENCE ON FOLLOWING PAGE] First Amendment,Page 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of this day of , 2022. DISTRICT (Signature) (Date) By:_ Brian D. Cunningham (Printed Name) President (Title) Chambers County Improvement District No. 3 ATTEST: (Signature) Bronson A. Cla (Printed Name) (Title) APPROVED AS TO FORM: (Signature) Bryan T. Yeates _ (Printed Name) Attorney_- (Title) First Amendment,Page 4 CITY JASON E. REYNOLDS (Date) City Manager City of Baytown,Texas ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND,City Attorney First Amendment,Page 5 F:--.xhibit A Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 I Chambers County School Land Survey,Abstract No.321 STATE OF TEXAS § i COUNTY OF CHAMBERS§ :f A METES& BOUNDS description of a certain 880.30 acre tract, situated in the Jacob Townsend Survey, Abstract No. 25,the R.A.West Survey,Abstract No.314,the Kate Dugat Survey,Abstract No.416, and the Chambers County School Land Survey,Abstract No.321 all in Chambers County,Texas; being all of a called 285.48 acre tract(Tract 1),all of a called 129.96 acre tract(Tract 2),and all of a called 254.14 acre tract (Tract 3) described in Special Warranty Deed with Vendor's Lien recorded in Volume (08) 1067, Page 264 of the Chambers County Official Public Records,and all of a called 210.72 acre tract described in Special Warranty Deed recorded in Volume (08) 1074, Page 223 of the Chambers County Official Public Records; said 880.30 acre tract being comprised of three tracts and being more particularly described as follows with all bearings being based on the Texas Coordinate System,South Central tone, NAD83; Tract I—285.48 acres BEGINNING at the northeast corner of said called 285.48 acre tract, being common with a northwest corner of a called 11.89 acre tract conveyed to Coastal Industrial Water Authority recorded in Volume 313,Page 663 of the Chambers County Deed Records; THENCE, South 04°19'04" West, 2683.79 feet to a point for corner in the beginning of a curve to the right; THENCE, along the arc of said curve to the right, having a radius of 930.06 feet, a central angle of 12°32'57",an arc length of 203.71 feet,and a long chord bearing South 10°35'34"West,203.30 feet to a point for corner; THENCE, South 16"55'29"West, 1096.02 feet to a point for corner marking the southeast corner of the aforementioned called 285.48 acre tract; THENCE, South 87°37'03"West, along the south line of said called 285.48 acre tract, 3049.05 feet to a point for corner marking the southwest corner of the said called 285.48 acre tract; THENCE, North 01°43'33" West, along a west line of the said called 285.48 acre tract, being common with the east line of the B.B.B.&C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a point for corner marking a southern northwest corner of the said called 285.48 acre tract; THENCE, North 80'14'58" East,along the lower west line of the said called 285.48 acre tract,421.47 feet to a point for corner marking an interior corner of the said called 285.48 acre tract; Page 1 of 8 K:\05479\05479-0900-22 2022 General consult(Grand Pky_Kligore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 I THENCE, North 02°3944" West, along the upper west line of the said called 285.48 acre tract, 2708.36 feet to a point for corner marking the northwest corner of said called 285.48 acre tract,said point being = the occupied northwest corner of the Jacob Townsend Survey,Abstract 25; THENCE, North 87°04'16" East, along the north line of the called 285.48 acre tract (common with the i north line of the Jacob Townsend Survey,Abstract 25), 1773.49 feet to a point for corner; THENCE, North 87°15'45" East, along the north line of the called 285.48 acre tract (common with the north line of the Jacob Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF BEGINNING, CONTAINING 285.48 acres of land in Chambers County,Texas Tract II—129.96 acres BEGINNING at the northeast corner of the aforementioned 129.96 acre tract (in the north line of the Jacob Townsend Survey, Abstract 25), said point also marking the northwest corner of a called 40.801 acre tract(Parcel 18)as described in Second Amended Notice of Lis Pencils recorded in Volume(07)934, Page 280 of the Chambers County Official Public Records; THENCE, South 29°47'53"West,along the east line of said 129.96 acre tract,common with the west line of said 40.801 acre tract being the west right-of-way line of State Highway 99,2795.10 feet to a point for corner at the beginning of a curve to the left; THENCE, along the arc of said curve to the left, having a radius of 4019.72 feet, a central angle of 23'18'04",a chord length of 1623.51 feet,and a long chord bearing South 18°08S1"West,continuing in all a total arc length of 1634.75 feet to a point for corner at the southeast corner of the said 129.96 acre tract,said point also marking the southwest corner of said 40.801 acre tract; THENCE, South 87039'30" West, along the south line of said 129.96 acre tract (common with the south line of the Jacob Townsend Survey, Abstract 25), 1005.32 feet to a point for corner marking the southwest corner of said 129.96 acre tract, being in the occupied east right-of-way line of Needlepoint Road(as described In the parent tract deed); THENCE, along the west line of said 129.96 acre tract, described as being common with the occupied east right-of-way line of Needlepoint Road the following nine(9)courses and distances: 1. North 16°24'09"East,1157.81 feet to a point for corner; 2. North 15°19'42"East,41.33 feet to a point for corner; 3. North 15023'18"East,55.80 feet to a point for corner; 4. North 17°10'54" East,45.19 feet to a point for corner; Page 2 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kilgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 5. North 08°38'17"East,37.06 feet to a point for corner; 6. North 02°31'50"East,54.46 feet to a point for corner; 7. North 01°5756"East,47.69 feet to a point for corner; 8. North 01°22'26"East,524.57 feet to a point for corner; 9. North 04°28'33" East, 2045.44 feet to a point for corner marking the northwest corner of said 129.96 acre tract; THENCE, North 89"12'24"East,with the north line of said 129.96 acre tract(common with the north line of the Jacob Townsend Survey,Abstract 25),1407.80 feet to a point for corner; THENCE, North 87"34'17" East, along the north line of said 129.96 acre tract, 944.50 feet to the POINT OF BEGINNING,CONTAINING 129.96 acres of land in Chambers County,Texas Tract III-464.86 acres(combination of 254.14 and 210.72 acre tracts) BEGINNING at the northwest corner of the said 210.72 acre tract; THENCE, North 87031'31" East,along the north line of said 210.72 acre tract, 1796.29 feet to a point for corner at a northeast corner of the said 210.72 acre tract; THENCE, South 03°07'50" East, along the east line of said 210.72 acre tract, 1709.93 feet to a point for corner; THENCE, North 88"05'10" East, with a north line of said 210.72 acre tract, 1716.89 feet to a point for corner; THENCE, South 01°40'35" East, along an east line of said 210.72 acre tract, 1242.97 feet to a point for corner; THENCE,South 87059'44"West,3.91 feet to a point for corner; THENCE,South 01"33'16" East,along an east line of the aforementioned 210.72 acre tract, 868.67 feet to a point for corner; THENCE,South 88°18'21"West,398.02 feet to a point for corner; THENCE,South 01"26'48" East,192.80 feet to a point for corner; THENCE,South 87028'30"West,819.13 feet to a point for corner; Page 3 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 f1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 I THENCE,South 02"30'46" East, 160.39 feet to a point for corner; THENCE,South 07°49'09" East,360.01 feet to a point for corner; THENCE,South 15°38'38" East,338.95 feet to a point for corner; THENCE, North 87027'23" East,693.04 feet to a point for corner; THENCE,South 01"26'47" East, 19.26 feet to a point for corner; THENCE,South 87°43'36" East,396.00 feet to a point for corner; THENCE,South 01°27'10" East,26.16 feet to a point for corner; THENCE, South 89°31'04" East, 598.07 feet to a point for corner, said point also being in the westerly right-of-way of Farm to Market Road (F.M.) 3180 (140 foot right-of-way), dedication of which is recorded in Volume 300,Page 622 of the Chambers County Deed Records; THENCE, South 07°09'09"West,along the westerly right-of-way of said F.M.3180, 100.68 feet to a point for corner; THENCE, North 89031'04"West,577.87 feet to a point for corner; THENCE, North 01°33'17"West,25.84 feet to a point for corner; THENCE, North 87'43'36"West,497.18 feet to a point for corner; THENCE, North 04036'32"West,11.39 feet to a point for corner, THENCE,South 87°27'23"West,673.99 feet to a point for corner; THENCE, North 15°38'45"West,425.19 feet to a point for corner; THENCE, North 07°49'09"West,371.48 feet to a point for corner; THENCE,South 87027'38"West,509.36 feet to a point for corner,said point also being in the east line of the aforementioned 254.14 acre tract; THENCE, South 02°31'16" East,along the east line of the said 254.14 acre tract(common with the east line of the Jacob Townsend Survey, Abstract 25), 2747.10 feet to a point for corner marking the southeast corner of said 254.14 acre tract; THENCE, South 87°39'30" West, along the south line of said 254.14 acre tract (common with the south line of the Jacob Townsend Survey,Abstract 25), 3790.48 feet to a point for corner in the east right-of- Page 4 of 8 K:\05479\05479-0900-22 2022 General consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 way line of State Highway 99 being described as a called 40.801 acre tract (Parcel 18) in Second j Amended Notice of Lis Pendis recorded in Volume (07) 934, Page 280 of the Chambers County Official i Public Records,said point being in the arc of a non-tangent curve to the right; THENCE,along the west line of the said 254.14 acre tract,common with the east right-of-way line of said State Highway 99 and the arc of said non-tangent curve to the right, having a radius of 3619.72 feet, a central angle of 22'18'55",an arc length of 1409.79 feet,and a long chord bearing North 18°38'26" East, 1400.90 feet to a point for corner; f i THENCE, North 29°47'53" East,continuing along said east right-of-way line of State Highway 99,2795.78 feet to a point for corner at the beginning of a curve to the left; i THENCE,along the east line of said State Highway 99,and along the arc of said curve to the left,having a 1 radius of 3064.79 feet, a central angle of 57°06'39", an arc length of 3,054.89 feet, and a long chord bearing North 01014'33"East,2,929.99 feet to a point for corner; THENCE, North 27°18'47"West,continuing along the east line of said State Highway 99,156.96 feet to a point for corner; THENCE, North 02044'58"West, 193.07 feet to the POINT OF BEGINNING,CONTAINING 464.86 acres of land in Chambers County, Texas, along with the herein described 285.48 acre tract (Tract 1), and the 1 herein described 129.96 acre tract(Tract 11)for a total acreage of 880.30 acres. Tract IV—124.4 acres i A METES & BOUNDS description of a certain 124.4-acre tract of land situated in the K. Dugat Survey, Abstract No.416 and the B.Winfree Survey,Abstract Number 28 in Chambers County,Texas,being all of a called 84.0932-acre tract conveyed to Texan Hospitality, Inc. by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-165694 of the Chambers County Official Public Records, a portion of a called 36.64-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2020-150275 of the Chambers County Official Public Records, all of a called 5.2303-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed recorded In Clerk's File No. 2020-161871 of the Chambers County Official Public Records, and a portion of a called 17.37-acre tract to conveyed Texan Hospitality, Inc by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-163629 of the Chamber's County Official Public Records, said 124.4-acre tract being more I particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, South Central Zone; i BEGINNING at the southeast corner of said 84.0932-acre tract,common with the southwest corner of a i called 8.508-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-163597 of the Chambers County Official Public Records and in the north line of Farm to Market Road(FM)565; Page 5 of 8 j K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kilgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc 1 I Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 f I THENCE,South 57°08'34"West,along the south line of said 84.0932-acre tract,common with the north line of said FM 565,1280.34 feet to a point at the beginning of a curve to the left; THENCE, along said common line and the arc of said curve to the left having a radius of 3789.53 feet, a central angle of 00°57'50",an arc length of 63.75 feet, and a long chord bearing South 56°39'39"West, 63.75 feet to a point at the beginning of a non-tangent curve to the left for the southwest corner of said 84.0932-acre tract,common with the southeast corner of the aforementioned 36.64-acre tract; THENCE, along the south line of said 36.64-acre tract, common with the north line of said FM 565 and arc of said non-tangent curve to the left having a radius of 5789.57 feet,a central angle of 05°23'30", an arc length of 544.81 feet,and a long chord bearing South 53'44'33"West,544.61 feet to a point for the south corner of said 36.64-acre tract, being in the east line of a called 3.00-acre tract of land conveyed to East Houston Oil&Gas,LLC by Assignment,Bill of Sale and Conveyance recorded in Volume 519,Page 268 of the Chambers County Official Public Records; THENCE, North 21°07'44" West, along the west line of said 36.64-acre tract,common with the east line of said 3.00-acre tract,408.49 feet to a point for the northeast corner of said 3.00-acre tract, common with the southeast corner of a called 5.2303-acre tract conveyed to East Houston Oil & Gas LLC by Special Warranty Deed recorded in Clerk's File No.2020-0161872 of the Chambers County Official Public Records; THENCE, North 00°08'28" East, along the east line of said 5.2303-acre tract, 680.78 feet to a point for the northeast corner of said 5.2303-acre tract; THENCE, South 87°39'37" West, along the north line of said 5.2303-acre tract, 764.84 feet to a found 5/8-Inch iron rod for the northwest corner of said 5.2303-acre tract,common with the southeast corner of the aforementioned 5.2303-acre tract to Texan Hospitality,Inc.; THENCE, North 86°21'52" West,along the south line of said 5.2303-acre tract to Texan Hospitality, Inc., 506.13 feet to a point for the southwest corner of said 5.2303-acre tract to Texan Hospitality,Inc.; i THENCE, North 04°36'22" West, along the west line of said 5.2303-acre tract to Texan Hospitality, Inc., 548.24 feet to a point for corner for the northwest corner of said 5.2303-acre tract to Texan Hospitality jInc, being in the south line of a called 7.87-acre tract conveyed to Bat Hawk Investments Group, LP by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2018-138299 of the Chambers County Official Public Records; THENCE, North 87°39'24" East, along the north lines of said 5.2303-acre tract to Texan Hospitality, Inc. and the aforementioned 36.64-acre tract, common with the south lines of said 7.87-acre tract, a called 5.840-acre tract conveyed to Chambers County Improvement District No. 3 by Special Warranty Deed recorded in Volume. (11) 1292, Page 274 of the Chambers County Official Public Records and a called 57.09-acre tract conveyed to Bat Hawk Investments Group, LP by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2018-138299 of the Chambers County Official Public Records, 1598.73 feet to a point at the southeast corner of said 57.09-acre tract, common with a western corner of the aforementioned 84.0932 acre tract, Page 6 of 8 K-\05479\05479-0900-22 2022 General Consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc i Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No. 314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE, North 02°31'16" West, along the west line of said 84.0932-acre tract, common with the east line of said 57.09-acre tract, 1843.00 feet to a point for the northwest corner of said 84.0932-acre tract, } common with the northeast corner of said 57.09-acre tract, being in the south line of Kilgore Parkway (120' right-of-way) recorded in Volume (09) 1148, Page 479 and Volume (09) 1092, Page 242, both of the Chambers County Official Public Records; THENCE, North 87028'13" East, along the north line of said 84.0932-acre tract,common with the south j line of said Kilgore Parkway, 1313.08 feet to a point for the northeast corner of said 84.0932-acre tract, being in the west line of the aforementioned 17.37-acre tract; THENCE, North 87°28'13"East,along the north line of the said 17.37-acre tract, 146.13 feet to a set 5/8- inch iron rod (with cap stamped "loneslCarter Property Corner"), being in the west line of a called 1.5237-acre tract to Edwin F Bailey and Susan C Bailey by Warranty Deed with Vendor's Lien recorded in Clerk's File Number 1995-6219B of the Chambers County Official Public Records; 1 I j THENCE, South 04°00'04" East, along the west line of said 1.5237-acre tract, the west line of a called l 2.000-acre tract to Lawrence Gibson and Debra Gail Gibson by Correction Deed recorded in Clerk's File ( Number 1996-1842B of the Chambers County Official Public Records,the west line of a called 2.000-acre tract to Ray Terry Sr and Judy K. Terry by Warranty Deed with Vendor's Lien recorded in Clerk's File i Number 1996-4914B of the Chambers County Official Public Records, and the west line of a called 1.5240-acre tract to Ray Terry Sr and Judy K. Terry by Warranty by Warranty Deed with Vendor's Lien recorded in Clerk's File Number 2002-3232B in Chamber's County Official Public Records,738.11 feet to a point; THENCE, South 39*0631" East, along the west line of said 1.524-acre tract and common with the east line of aforementioned 17.37-acre tract,26.46 feet to a point; THENCE, South 12049'07" East, along said common line, 37.36 feet to a point along the north line of a !) called 1.999-acre tract to Cortland M. Weston by General Warranty Deed recorded in Clerk's File f Number 2002-7613B of the Chamber's County Official Public Records, i THENCE, North 89017'01" West, partially along the north line of said 1.999-acre tract, common with an east line of aforementioned 17.37-acre tract,100.30 feet to a point; THENCE,South 04°30'40" East,780.91 feet to a point along the north line of the aforementioned 8.508- acre tract; THENCE North 79°06'05"West,along the north line of said 8.508-acre tract,common with the south line j of said 17.37-acre tract,62.24 feet to a point in the east line of the aforementioned 84.0932-acre tract; i THENCE, South 04°30'40" East, along the east line of said 84.0932-acre tract, common with the west lines of said 17.37-acre tract and the said 8.508-acre tract,280.13 feet to a point; Page 7 of 8 K:\05479\05479-0900 22 2022 General Consult(Grand My _KlIgore)\Survey\Documents Created\Dwg 7373 V2 4 Trads.doc I I Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE, South 04°29'25"East,along the east line of said 84.0932-acre tract,common with the west line of said 8.508-acre tract, 689.97 feet to the POINT OF BEGINNING,CONTAINING 124.4 acres of land In Chambers County, Texas, as shown in drawing number 7373 in the office of Quiddity Engineering in Bellaire,Texas. "This document was prepared under 22 TAG 663.21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the political subdivision for which it was prepared." 1, Steven Jares, a Registered Professional Land Surveyor, do hereby certify that this metes & bounds I accurately describes the boundaries of an annex tract for Chambers County Improvement District No.3. WITNESS MY HAND AND SEAL this Adatit 20 -Quiddity Engineering, LLC6330 West Loop South,Suite 150 gh Steven Jares Bellaire, Texas 77401 essional Land Surveyor (713)777-5337 17GIswsOoardofftofiessiona(tandSurveying SJares@quiddity.com 4tgistration Mo. 10046100 ...SrEVE.W 1 ............ ... �o S.31 j' •r . ti .. A' �P• . l9yo SURV E'10Q Page 8 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kilgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc FIRST AMENDMENT TO WATER SUPPLY AGREEMENT This First Amend Tent to Water Supply Agreement (this "First Amendment") is entered into to be effective as o .2% 2023, by and between the City of Baytown, Texas, a municipal corporation an home- le city which is principally located in Harris County, Texas and Chambers County, Texas (the "City"), and Chambers County Improvement District No. 3, a municipal utility district created pursuant to Article XVI, Section 59, Texas Constitution (the "District"). RECITALS WHEREAS, the City and the District entered into that certain Water Supply Agreement (the "Agreement"), dated as of April 30, 2012 (the "Effective Date"), pursuant to which the City agreed to provide water supply services to the Service Area(as defined in the Agreement); and WIIEREAS, the District is in the process of annexing land into the boundaries of the District and the land to be annexed is not currently within the boundaries of the Service Area; and WHEREAS, the City and the District desire to amend the agreement (i) to align the capacity and quantity requirements to the needs of the District, and (ii) include the land to be annexed by the District in the Service Area. NOW THEREFORE, for and in consideration of the mutual covenants and agreements here contained,the parties do hereby mutually agree as follows: AGREEMENT For and in consideration of the mutual covenants and terms contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District agree as follows: 1. Unless otherwise specifically set forth in this First Amendment, all capitalized terms herein shall have the meanings set forth in the Agreement. 2. Section 1.07 of the Agreement is hereby deleted in its entirety and replaced with the following: 1.07 "Service Area" shall mean all the land described in the attached Exhibit "A", which is incorporated herein for all intents and purposes, and any additional land which is annexed by the District with the City's consent. First.Amendment,Page 1 3. Exhibit "A" of the Agreement is hereby deleted in its entirety and replaced with the Exhibit "A" attached hereto. 4. Article IV "QUANTITY AND CAPACITY" of the Agreement is hereby deleted in its entirety and replaced with the following: ARTICLE IV QUANTITY AND CAPACITY 4.01 General. Subject to the terms and conditions of this Agreement, City agrees to sell and deliver(or cause to be delivered)to the District, the District's Water requirements, and the District agrees to purchase from City the District's Water requirements for resale during the term of this Agreement for water services to be supplied to the Service Area as defined in Article I hereof. The District's total Water requirements shall mean the total quantity of Water the District needs to conduct operations, use or resell within the Service Area. The maximum amount of total Water that the City shall be obligated to provide shall be no more than 351,406 gallons per day ("gpd") average daily flow and no more than 864,435 gpd average daily flow at full build-out; provided that such quantities do not exceed the rate of 400 gpd times the actual number of equivalent single-family connections ("ESFC") calculated pursuant to Chapter 114 of the Code of Ordinances, Baytown, Texas, as it currently exists and as hereinafter amended. Any increase in quantity above the annual 110% quantity adjustment set forth in Section 4.02 below must be approved in writing by the City's Director of Public Works and Engineering, which approval may not be unreasonably withheld, but may not exceed 864,435 gpd average daily flow. The Director shall provide a written response to the District within thirty (30) days of the District's request for such an increase. 4.02 Adjusted Quantity. It is expressly understood and agreed that the quantity specified in Section 4.01 and the capacity reserved in Section 4.03 shall be adjusted annually to a quantity that equals 110% of the average annual Water usage during the previous year; provided that such quantity does not exceed the quantities specified in Section 4.01. 4.03 Capacity Reserved. The City covenants and agrees that the City shall reserve for the benefit of the District, the capacity in its water supply facilities sufficient to supply the quantity established in Section 4.01 and adjusted in Section 4.02 of this Agreement. However, the District shall not be guaranteed any specific quantity or pressure of Water for the services to be provided herein by the City if the City's Water supply is limited or when the District's equipment may become inoperative due to unforeseen breakdown or scheduled maintenance and First Amendment,Page 2 repairs, and the City is in no case to be held to any liability for failure to furnish any specific amount or pressure of Water. 4.04 Service Contracts with Other Entities. The District shall not permit any entity located outside the Service Area to connect to the District's System during the term of this Agreement without the express prior written consent of the City. Failure to comply with this provision shall constitute an Event of Default. 3. This First Amendment shall continue in full force and effect for the same period as the Agreement. 4. Except as specifically amended in this First Amendment, the First Amendment and the Agreement shall remain in full force and effect in accordance with their terms and conditions, which terms and conditions shall apply to this First Amendment. In the event of any conflict between this First Amendment and the Agreement, the terms and conditions of this First Amendment shall govern and control. 5. This First Amendment and the Agreement embody the entire agreement between the City and the District relative to the subject matter hereof and thereof. 6. This First Amendment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES COMMENCE ON FOLLOWING PAGE] First Amendment,Page 3 IIV WI E NHEREOF, the parties hereto have executed this First Amendment as of this� ay of &-eQ ,204 DISTRICT (Signature) (Date) By: Brian D. Cunningham (Printed Name) President (Title) Chambers County Improvement District No. 3 ATTEST: (Signature) Bronson A. Clay (Printed Name) Secretary (Title) APPROVED AS TO FORM: (Signature) �T. Yeates (Printed Name) Attorney (Title) First Amendment,Page 4 n ., r JAS E. REYN (Date) City anager City of Baytown,Texas IIST: rOF 1/ ' ANGELA J CKSON, City Cle CCCC•••• `y^ N90af^ ATPR VED S T FORM: f .... ' SCOTT LEM ND, City Attorney First Amendment,Page 5 i Exhibit A Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No,321 STATE OF TEXAS 4 i COUNTY OF CHAMBERS§ A METES& BOUNDS description of a certain 880.30 acre tract, situated in the Jacob Townsend Survey, Abstract No. 25,the R. A.West Survey, Abstract No.314, the Kate Dugat Survey,Abstract No.416, and the Chambers County School Land Survey,Abstract No.321 all in Chambers County,Texas; being all of a called 285.48 acre tract(Tract 1),all of a called 129.96 acre tract(Tract 2),and all of a called 254.14 acre tract (Tract 3) described in Special Warranty Deed with Vendor's Lien recorded in Volume (08) 1067, Page 264 of the Chambers County Official Public Records, and all of a called 210.72 acre tract described in Special Warranty Deed recorded In Volume (08) 1074, Page 223 of the Chambers County Official Public Records; said 880.30 acre tract being comprised of three tracts and being more particularly described as follows with all bearings being based on the Texas Coordinate System,South Central Zone, NAD83; Tract I—285.48 acres BEGINNING at the northeast corner of said called 285.48 acre tract, being common with a northwest corner of a called 11.89 acre tract conveyed to Coastal Industrial Water Authority recorded in Volume 313,Page 663 of the Chambers County Deed Records; THENCE, South 04"19'04" West, 2693.79 feet to a point for corner in the beginning of a curve to the right; THENCE, along the arc of said curve to the right, having a radius of 930.06 feet, a central angle of 12"32'57",an arc length of 203.71 feet,and a long chord bearing South 10°35'34"West,203.30 feet to a point for corner; THENCE, South 16°55'29" West, 1096.02 feet to a point for corner marking the southeast corner of the aforementioned called 285.48 acre tract; THENCE, South 87"37'03" West, along the south line of said called 285.48 acre tract, 3049.05 feet to a point for corner marking the southwest corner of the said called 285.48 acre tract; THENCE, North 01*43'33" West, along a west line of the said called 295.48 acre tract, being common with the east line of the B.B.B.&C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a point for corner marking a southern northwest corner of the said called 285.48 acre tract; THENCE, North 80"14'58"East, along the lower west line of the said called 285.48 acre tract, 421.47 feet to a point for corner marking an interior corner of the said called 285.48 acre tract; Page 1 of 8 K:\05479\05479-09D0-22 2022 General Consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc i Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No. 25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE, North 02°39'44" West, along the upper west line of the said called 285.48 acre tract,2708.36 feet to a point for corner marking the northwest corner of said called 285.48 acre tract,said point being the occupied northwest corner of the Jacob Townsend Survey,Abstract 25; THENCE, North 87°04'16" East, along the north line of the called 285.48 acre tract (common with the north line of the Jacob Townsend Survey,Abstract 25),1773.49 feet to a point for corner; THENCE, North 87°15'45" East, along the north line of the called 285.48 acre tract (common with the north line of the Jacob Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF BEGINNING, CONTAINING 285.48 acres of land in Chambers County,Texas Tract II—129.96 acres BEGINNING at the northeast corner of the aforementioned 129.96 acre tract (in the north line of the Jacob Townsend Survey, Abstract 25), said point also marking the northwest corner of a called 40.801 acre tract(Parcel 18)as described in Second Amended Notice of Lis Pendis recorded in Volume(07)934, Page 280 of the Chambers County official Public Records; THENCE, South 29°47'53"West,along the east line of said 129.96 acre tract,common with the west line of said 40.801 acre tract being the west right-of-way line of State Highway 99, 2795.10 feet to a point for corner at the beginning of a curve to the left; THENCE, along the arc of said curve to the left, having a radius of 4019.72 feet, a central angle of 23"18'04", a chord length of 1623,51 feet,and a long chord bearing South 18°08'51"West,continuing in all a total arc length of 1634.75 feet to a point for corner at the southeast corner of the said 129.96 acre tract,said point also marking the southwest corner of said 40.801 acre tract; THENCE, South 87"39'30" West, along the south line of said 129.96 acre tract (common with the south line of the Jacob Townsend Survey, Abstract 25), 1005.32 feet to a point for corner marking the southwest corner of said 129.96 acre tract, being in the occupied east right-of-way line of Needlepoint Road(as described in the parent tract deed); THENCE, along the west line of said 129.96 acre tract, described as being common with the occupied east right-of-way line of Needlepoint Road the following nine (9)courses and distances: 1. North 16'24'09" East, 1157.81 feet to a point for corner; 2. North 15°19'42" East,41.33 feet to a point for corner; 3. North 15°23'18"East,55.80 feet to a point for corner; 4. North 17"10'54" East,45.19 feet to a point for corner; Page 2 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kilgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 5. North 08"38'17" East,37.06 feet to a point for corner; 6. North 02°31'50" East,54.46 feet to a point for corner; 7. North 01*57'56"East,47.69 feet to a point for corner; 8. North 01'22'26"East,524.57 feet to a point for corner; 9. North 04°28'33" East, 2045.44 feet to a point for corner marking the northwest corner of said 129.96 acre tract; THENCE, North 89'12'24" East,with the north line of said 129.96 acre tract(common with the north line of the Jacob Townsend Survey,Abstract 25), 1407.80 feet to a point for corner; THENCE, North 87°34'17" East, along the north line of said 129.96 acre tract, 944.50 feet to the POINT OF BEGINNING, CONTAINING 129.96 acres of land in chambers County,Texas Tract III-464.86 acres(combination of 254.14 and 210.72 acre tracts) BEGINNING at the northwest corner of the said 210.72 acre tract; THENCE, North 8703:1231" East,along the north line of said 210.72 acre tract, 1796.29 feet to a point for corner at a northeast corner of the said 210.72 acre tract; THENCE, South 03'07'50" East, along the east line of said 210.72 acre tract, 1709.93 feet to a point for corner, THENCE, North 88°05'10" East, with a north line of said 210.72 acre tract, 1716.89 feet to a point for corner, THENCE, South 01°40'35" East, along an east line of said 210.72 acre tract, 1242.97 feet to a point for corner; THENCE,South 87059'44"West,3.91 feet to a point for corner; THENCE, South 01'33'16" East, along an east line of the aforementioned 210.72 acre tract, 868.67 feet to a point for corner; THENCE,South 88'18'21"West,398.02 feet to a point for corner; THENCE,South 01`26'48" East,192.80 feet to a point for corner; THENCE,South 87"28'30"West,819.13 feet to a point for corner; Page 3 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc i Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE,South 02"30'46" East, 160.39 feet to a point for corner; THENCE,South 07049'09" East, 360.01 feet to a point for corner; THENCE,South 15°38'38" East,338.95 feet to a point for corner; THENCE, North 87°27'23" East, 693.04 feet to a point for corner; THENCE,South 01"26'47" East, 19.26 feet to a point for corner; THENCE,South 87'43'36" East,396.00 feet to a point for corner; THENCE,South 01*27'10" East,26.16 feet to a point for corner; THENCE, South 89"31'04" East, 598.07 feet to a point for corner, said point also being in the westerly right-of-way of Farm to Market Road (F.M.) 3180 (140 foot right-of-way), dedication of which is recorded in Volume 300,Page 622 of the Chambers County Deed Records; THENCE, South 07`09'09"West,along the westerly right-of-way of said F.M. 3180, 100.68 feet to a point for corner; THENCE, North 89031'04"West,577.87 feet to a point for corner; THENCE, North 01*33'17"West,25.84 feet to a point for corner; THENCE, North 87'43'35"West,497.18 feet to a point for corner; THENCE, North 04°36'32"West, 11.39 feet to a point for corner, THENCE,South 87°27'23"West,673.99 feet to a point for corner; THENCE, North 15'38'45"West,425.19 feet to a point for corner; THENCE, North 07°49'09"West,371.48 feet to a point for corner; THENCE,South 87'27'38"West,509.36 feet to a point for corner,said point also being in the east line of the aforementioned 254.14 acre tract; THENCE, South 02'31'16" East, along the east line of the said 254.14 acre tract (common with the east line of the Jacob Townsend Survey, Abstract 25), 2747.10 feet to a point for corner marking the southeast corner of said 254.14 acre tract; THENCE, South 87°39'30" West, along the south line of said 254.14 acre tract (common with the south line of the Jacob Townsend Survey, Abstract 25), 3790.48 feet to a point for corner in the east right-of- Page 4 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc I Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 i way line of State Highway 99 being described as a called 40.801 acre tract (Parcel 18) in Second Amended Notice of Lis Pencils recorded in Volume (07) 934, Page 280 of the Chambers County Official Public Records,said point being in the arc of a non-tangent curve to the right; THENCE,along the west line of the said 254.14 acre tract,common with the east right-of-way line of said State Highway 99 and the arc of said non-tangent curve to the right, having a radius of 3619.72 feet, a central angle of 22'18'55",an arc length of 1409.79 feet,and a long chord bearing North 189876" East, 1400.90 feet to a point for corner; THENCE, North 29 47 53 East,continuing along said east right-of-way line of State Highway 99,2795.78 feet to a point for corner at the beginning of a curve to the left; THENCE,along the east line of said State Highway 99,and along the arc of said curve to the left, having a radius of 3064.79 feet, a central angle of 57°06'39", an arc length of 3,054.89 feet, and a long chord bearing North 01'14'33"East,2,929.99 feet to a point for corner; THENCE, North 27°18'47"West,continuing along the east line of said State Highway 99,156.96 feet to a point for corner; THENCE, North 02°44'58"West, 193.07 feet to the POINT OF BEGINNING, CONTAINING 464.86 acres of land in Chambers County, Texas, along with the herein described 285.48 acre tract (Tract 1), and the herein described 129.96 acre tract(Tract II)for a total acreage of 880.30 acres. Tract IV—124.4 acres A METES & BOUNDS description of a certain 124.4-acre tract of land situated in the K. Dugat Survey, Abstract No.416 and the B.Winfree Survey,Abstract Number 28 in Chambers County,Texas, being all of a called 84.0932-acre tract conveyed to Texan Hospitality, Inc. by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-165694 of the Chambers County Official Public Records, a portion of a called 36.64-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2020-150275 of the Chambers County Official Public Records, all of a called 5.2303-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed recorded in Clerk's File No. 2020-161871 of the Chambers County Official Public Records, and a portion of a called 17.37-acre tract to conveyed Texan Hospitality, Inc by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-163629 of the Chamber's County Official Public Records, said 124.4-acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, South Central Zone; BEGINNING at the southeast corner of said 84.0932-acre tract, common with the southwest corner of a called 8.508-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2021-163597 of the Chambers County Official Public Records and in the north line of Farm to Market Road(FM)565; Page 5 of 8 K:\05479\05479-0900-22 2022 General consult(Grand Pky_Kllgore)\Survey\Documents created\Owe 7373 V2 4 Tracts.doc I i Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE, South 57'08'34"West, along the south line of said 84.0932-acre tract, common with the north line of said FM 565,1280.34 feet to a point at the beginning of a curve to the left; THENCE, along said common line and the arc of said curve to the left having a radius of 3789.53 feet, a central angle of 00057'50",an arc length of 63.75 feet, and a long chord bearing South 56"39'39" West, 63.75 feet to a point at the beginning of a non-tangent curve to the left for the southwest corner of said 84.0932-acre tract,common with the southeast corner of the aforementioned 36.64-acre tract; THENCE, along the south line of said 36.64-acre tract, common with the north line of said FM 565 and arc of said non-tangent curve to the left having a radius of 5789.57 feet,a central angle of 05°23'30",an arc length of 544.81 feet, and a long chord bearing South 53044'33"West, 544.61 feet to a point for the south corner of said 36.64-acre tract, being in the east line of a called 3.00-acre tract of land conveyed to East Houston Oil&Gas,LLC by Assignment,Bill of Sale and Conveyance recorded in Volume 519, Page 268 of the Chambers County Official Public Records, THENCE, North 21`07'44" West, along the west line of said 36.64-acre tract, common with the east line of said 3.00-acre tract,408.49 feet to a point for the northeast corner of said 3.00-acre tract, common with the southeast corner of a called 5.2303-acre tract conveyed to East Houston Oil & Gas LLC by Special Warranty Deed recorded in Clerk's File No. 2020.0161872 of the Chambers County Official Public Records; THENCE, North 00°08'28" East, along the east line of said 5.2303-acre tract, 680.78 feet to a point for the northeast corner of said 5.2303-acre tract; THENCE, South 87'39'37" West, along the north line of said 5.2303-acre tract, 764.84 feet to a found 5/8-Inch iron rod for the northwest corner of said 5.2303-acre tract,common with the southeast corner of the aforementioned 5.2303-acre tract to Texan Hospitality, Inc.; THENCE, North 86"21'52"West, along the south line of said 5.2303-acre tract to Texan Hospitality, Inc., 506.13 feet to a point forthe southwest corner of said 5.2303-acre tract to Texan Hospitality, Inc.; THENCE, North 04°36'22" West, along the west line of said 5.2303-acre tract to Texan Hospitality, Inc., S48.24 feet to a point for corner for the northwest corner of said 5.2303-acre tract to Texan Hospitality Inc, being in the south line of a called 7.87-acre tract conveyed to Bat Hawk Investments Group, LP by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2018-138299 of the Chambers County Official Public Records; I THENCE, North 87°39'24" East, along the north lines of said 5.2303-acre tract to Texan Hospitality, Inc. and the aforementioned 36.64-acre tract, common with the south lines of said 7.87-acre tract, a called 5.840-acre tract conveyed to Chambers County Improvement District No. 3 by Special Warranty Deed recorded In Volume (11) 1292, Page 274 of the Chambers County Official Public Records and a called 57.09-acre tract conveyed to Bat Hawk Investments Group, LP by Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2018-138299 of the Chambers County Official Public Records, 1598.73 feet to a point at the southeast corner of said 57.09-acre tract, common with a western corner of the aforementioned 84.0932 acre tract; Page 6 of 8 K:\05479\05479-0900-22 2022 General Consult(Grand Pky_Kligore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc I i Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R.A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE, North 02°31'16" West, along the west line of said 84.0932-acre tract, common with the east line of said 57.09-acre tract, 1843.00 feet to a point for the northwest corner of said 84.0932-acre tract, common with the northeast corner of said 57.09-acre tract, being in the south line of Kilgore Parkway (120' right-of-way) recorded in Volume (09) 1148, Page 479 and Volume (09) 1092, Page 242, both of the Chambers County Official Public Records; THENCE, North 87°28'13" East, along the north line of said 84.0932-acre tract, common with the south line of said Kilgore Parkway, 1313.08 feet to a point for the northeast corner of said 84.0932-acre tract, being in the west line of the aforementioned 17.37-acre tract; THENCE, North 87'28'13" East,along the north line of the said 17.37-acre tract, 146.13 feet to a set 5/8- inch iron rod (with cap stamped "Jones(Carter Property Corner"), being In the west line of a called 1.5237-acre tract to Edwin F Bailey and Susan C Bailey by Warranty Deed with Vendor's Lien recorded in Clerk's File Number 1995-6219B of the Chambers County Official Public Records; THENCE, South 04'00'04" East, along the west line of said 1.5237-acre tract, the west line of a called 2.000-acre tract to Lawrence Gibson and Debra Gail Gibson by Correction Deed recorded in Clerk's File Number 1996-1842B of the Chambers County Official Public Records,the west line of a called 2.000-acre tract to Ray Terry Sr and Judy K. Terry by Warranty Deed with Vendor's Lien recorded in Clerk's File Number 1996-4914B of the Chambers County Official Public Records, and the west line of a called 1.5240-acre tract to Ray Terry Sr and Judy K. Terry by Warranty by Warranty Deed with Vendors Lien recorded in Clerk's File Number 2002-32328 in Chamber's County Official Public Records,738.11 feet to a point; THENCE, South 39`06'31" East, along the west line of said 1.524-acre tract and common with the east line of aforementioned 17.37-acre tract,26.46 feet to a point; THENCE, South 12'49'07" East, along said common line, 37.36 feet to a paint along the north line of a called 1.999-acre tract to Cortland M. Weston by General Warranty Deed recorded in Clerk's File Number 2002-7613B of the Chamber's County Official Public Records; THENCE, North 89°17'01" West, partially along the north line of said 1.999-acre tract, common with an east line of aforementioned 17.37-acre tract,100.3O feet to a point; THENCE,South 04`30'40" East,780.91 feet to a point along the north line of the aforementioned 8.508- acre tract; THENCE North 79"06'05"West, along the north line of said 8.508-acre tract,common with the south line of said 17.37-acre tract,62.24 feet to a point In the east line of the aforementioned 84.0932-acre tract; THENCE, South 04'30'40" East, along the east line of said 84.0932-acre tract, common with the west lines of said 17.37-acre tract and the said 8.508-acre tract,280.13 feet to a point; Page 7 of 8 K.\05479\05479-0900-22 2022 General Consult(Grand Pky_Kilgore)\Survey\Documents Created\Dwg 7373 V2 4 Tracts.doc i I Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25 1,004.70 Acres R. A.West Survey,Abstract No.314 Kate Dugat Survey,Abstract No.416 Chambers County School Land Survey,Abstract No.321 THENCE,South 04029'25" East, along the east line of said 84.0932-acre tract,common with the west line of said 8.508-acre tract, 689.97 feet to the POINT OF BEGINNING, CONTAINING 124.4 acres of land in Chambers County, Texas, as shown in drawing number 7373 in the office of Quiddity Engineering in Bellaire,Texas. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the political subdivision for which it was prepared." 1, Steven Jares, a Registered Professional Land Surveyor, do hereby certify that this metes & bounds accurately describes the boundaries of an annex tract for Chambers County Improvement District No.3. WITNESS MY HAND AND SEAL this day 20 Z7-- Quiddity Engineering, LLC 6330 West Loop South,Suite 150 i g By/T ro gh Steven Jares Bellaire,Texas 77401 istere Pr essional Land Surveyor (713)777-5337 N0. 17 Tuts Ooard of rProfessionaCLandSur•veyiag SJares@quiddity.com fgis1 m tion No. 10046100 SP�jE'i°FlF o�go9iP ..S7EV.................i..... t,q ................... _EIV 7JARES iS 5 ";;31 7'•••. •O P: 0 SURVEIOQ Page S of 8 K:\05479\05479-0900-222022 General Consult lGrand Pky_Kllgore)\Survey\Documents Created\Dwg 7373 V24 Tracts.doc