Ordinance No. 15,351 ORDINANCE NO. 15,351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 3;AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the
Development 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 26th day of January, 202
F,pYT�{1r, n B NDON CAPETILLO,Ayor
ATTEST:
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ANGEL
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APPROVED AS O FORM:
SCOTT LEMON0, City Attorney
R:Karen Anderson ORDINANCES\2023\2023.01.26 IstAmendment2CCID3DevelopmentAgreement.docx
EXHIBIT "A"
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
This First Amendment to Development 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 located in Chambers and Harris Counties,
Texas (the "City"), and Chambers County Improvement District No. 3, a municipal utility
district created pursuant to Section 59, Article XVI,Texas Constitution(the"District").
RECITALS
The City and the District entered into that certain Development Agreement, dated as of
April 13, 2012 (the"Agreement").
The District is in the process of annexing land into the boundaries of the District. The
City and the District now desire to amend the Agreement to include the land to be annexed by
the District in the Property(as such term is defined in the Agreement).
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. The first recital on page 1 of the Agreement is hereby deleted in its entirety.
3. The definition of"Property" in Section 1.01 of the Agreement is hereby deleted in its
entirety and replaced with the following:
Property means all of the land described by metes and bounds attached hereto as
Exhibit A and depicted in the boundary map and vicinity map attached hereto as Exhibit
A-1,which are incorporated herein for all intents and purposes. Property shall be defined
as the Property plus any additional land which is annexed by the District with the City's
consent.
10. Exhibits A and Exhibit A-1 of the Agreement are hereby deleted in their entirety and
replaced with the Exhibits A and Exhibit A-1 attached hereto.
ll. This First Amendment shall continue in force and effect for the same period as the
Agreement.
12. Except as specifically amended in this First Amendment, the Agreement shall remain in
full force and effect in accordance with its 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.
13. This First Amendment and the Agreement embody the entire agreement between the City
and the District relative to the subject matter hereof and thereof.
14. 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]
-2-
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. Clay
(Printed Name)
Secretary -
(Title)
APPROVED AS TO FORM:
(Signature)
Bryan T. Yeates _
(Printed Name)
Attorney
(Title)
-3-
CITY
JASON E. REYNOLDS (Date)
City Manager
City of Baytown, Texas
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
638927 1
Exhibit
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 §
COUNTY OF CHAMBERS§
1
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 04019'04" 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
12032'57",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 16055'29"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
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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 02'39'44" 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 28S.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 28S.48 acre tract (common with the
1 north line of the Jacob Townsend Survey,Abstract 25),1773.49 feet to a point for corner;
t
i
} 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 29'47S3"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
23018'04",a chord length of 1623.51 feet,and a long chord bearing South 18008'51"West,continuing in
all a total arc length of 1634.75 feet to a point for comer 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
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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
S. 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 87'31'31" 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 87°59'44"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 88018'21"West,398.02 feet to a point for corner,
THENCE,South 01'2648" 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
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Chambers County Improvement District No.3 Jacob Townsend Survey,Abstract No.25
i 1,004.70 Acres R.A.West Survey,Abstract No.314
Kate Dugat Survey,Abstract No.416
jChambers County School Land Survey,Abstract No.321
THENCE,South 02°30'46" East,160.39 feet to a point for corner;
i
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;
i
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;
I THENCE,South 87'43'36" East,396.00 feet to a point for corner;
l
1
THENCE,South 01°27'10" East,26.16 feet to a point for corner;
j 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
1 for corner;
THENCE, North 89°31'04"West,577.87 feet to a point for corner;
i
THENCE, North 01633'17"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 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,
i
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
i 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;
I
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
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t
! 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
Amended Notice of Lis Pendis 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 18°38'26"East,
j 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
i
feet to a point for corner at the beginning of a curve to the left;
j THENCE,along the east line of said State Highway 99,and along the arc of said curve to the left,having a
j 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
i
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;
i
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
I north line of Farm to Market Road(FM)565;
`t
t
( Page 5 of 8
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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
i
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
r 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
i
268 of the Chambers County Official Public Records;
i
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;
I THENCE, South 87039'37" West, along the north line of said 5.2303-acre tract, 764.84 feet to a found
I
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.;
fTHENCE, North 86°21'52"West,along the south line of said 5.2303-acre tract to Texan Hospitality, Inc.,
I 506.13 feet to a point for the 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.,
548.24 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;
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
ifeet to a point at the southeast comer of said 57.09-acre tract, common with a western corner of the
I aforementioned 84.0932 acre tract;
Page 6 of 8
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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
i 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 "JonesICarter 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 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 39006'31" 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;
t
THENCE, South 12°49'07" 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
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, 100.30 feet to a point;
i
THENCE,South 04030'40" East,780.91 feet to a point along the north line of the aforementioned 8.508-
acre tract;
THENCE North 79006'05"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;
t
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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.
i
"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."
I, 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 ji5;
_7Quiddity Engineering, LLC
6330 West Loop South,Suite 150 JaresBellaire, Texas 77401 nd Surveyor
(713) 777-5337 7eVs(Boardof rProfessiona(Landsumeyfng ares@qudty.com
Xedislmtion No. 10046100
57...v . �._.�..
b E••�N„/ARE
S
l9yo SURVEyOP
Page 8 of 8
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EXHIBIT A-1
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
This First Amend t o Development Agreement (this "First Amendment") is entered
into to be effective as o , 202 , by and between the City of Baytown, Texas, a
municipal corporation an home- le city which is located in Chambers and Harris Counties,
Texas (the "City"), and Chambers County Improvement District No. 3, a municipal utility
district created pursuant to Section 59, Article XVI, Texas Constitution(the"District").
RECITALS
The City and the District entered into that certain Development Agreement, dated as of
April 13, 2012 (the "Agreement").
The District is in the process of annexing land into the boundaries of the District. The
City and the District now desire to amend the Agreement to include the land to be annexed by
the District in the Property (as such term is defined in the Agreement).
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:
I. Unless otherwise specifically set forth in this First Amendment, all capitalized terms
herein shall have the meanings set forth in the Agreement.
2. The first recital on page 1 of the Agreement is hereby deleted in its entirety.
3. The definition of"Property" in Section 1.01 of the Agreement is hereby deleted in its
entirety and replaced with the following:
Property means all of the land described by metes and bounds attached hereto as
Exhibit A and depicted in the boundary map and vicinity map attached hereto as Exhibit
A-1, which are incorporated herein for all intents and purposes. Property shall be defined
as the Property plus any additional land which is annexed by the District with the City's
consent.
10. Exhibits A and Exhibit A-1 of the Agreement are hereby deleted in their entirety and
replaced with the Exhibits A and Exhibit A-1 attached hereto.
ll. This First Amendment shall continue in force and effect for the same period as the
Agreement.
12. Except as specifically amended in this First Amendment, the Agreement shall remain in
full force and effect in accordance with its 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 terns and conditions of this First Amendment
shall govern and control.
13. This First Amendment and the Agreement embody the entire agreement between the City
and the District relative to the subject matter hereof and thereof.
14. 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]
-2-
IN W SS WHEREOF,the parties hereto have executed this First Amendment as of this
day of� 202)t
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)
Bryan T. Yeates
(Printed Name)
Attorney
(Title)
-3-
C
r:22112
JA ON E. REY OLDS (Date)
C' Manager
City of Baytown, Texas
A ST:
JGc K.� �pYTGN✓�y '
ANGELA CKSON, City Clerkp<•,,,•••_•..,�cTy
•z� t�
PROVE AST FORM:
• :c7,.1
�qr Of
SCOTT LE ND, City Attorney
638927_1
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 §
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 1—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 01043'33" 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 285AB 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
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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
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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
S. 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;
S. 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 cornerof the said 210.72 acre tract;
THENCE, North 87'31'31" 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 01040'35" East, along an east line of said 210.72 acre tract, 1242,97 feet to a point for
corner;
THENCE,South 87°59'44"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`2648" 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
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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 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 87'27'23" East, 693,04 feet to a point for corner;
THENCE,South 01026'47" 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 89'31'04"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 paint 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
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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
Amended Notice of Lis Pendis 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 18°38'26" 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 11)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 Vendors 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
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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 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 00008'28" 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
i
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.,
548.24 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;
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 Vendors
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 S
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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
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 "JonesICarter 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 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°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 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
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, 100.30 feet to a point;
THENCE,South 04o3O'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
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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 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 77
Quiddity Engineering, LLC
6330 West Loop South,Suite 150 1 g By/
gh Steven Jares
Bellaire, Texas 77401 isteressional Land Surveyor
(713) 777-5337 N
7evs 03nardofrfmfessiona(LandSurveying SJares@quiddity.com
kegirtmtion Aro. 10046100
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Page 8 of 8
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