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CC Resolution No. 2858 RESOLUTION NO. 2858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 3.0327 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1;MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************* WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in a municipal utility district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and Chapter 54 of the Texas Water Code; and WHEREAS,the City of Baytown,Texas,hereinafter referred to as the"City,"has received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for its written consent to the annexation by Chambers County Municipal Utility District No. 1, hereinafter referred to as the "District," of 3.0327 acres of land located within the extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof; and WHEREAS, the City Council of the City is in support of the proposed annexation of the 3.0327 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein; and WHEREAS,the District who has requested the City Council's consent has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City granting its consent for the creation of the District have agreed, and by the acceptance of the benefits of this resolution, do hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 3.0327 acres of land located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The land to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." Section 2: That the City's consent to the inclusion of the Land in the District is expressly contingent upon the following: a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will have a duplicate original of this agreement approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered such executed agreement to the City Attorney of the City. b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition, repair, contracting for, extension and improvement of or otherwise acquiring land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: • provide a water supply for municipal, domestic and commercial purposes; • collect,transport,process,dispose of and control all domestic, industrial or • communal wastes whether in fluid, solid or composite state; and • gather, conduct, divert and control local storm water or other harmful excesses of water in the area; or • refund bonds issued for the foregoing purposes. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the 10`h anniversary of the date of issuance without premium. The bonds shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95%of par;provided,however,the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one- month period next preceding the date notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. The District's resolution authorizing the issuance of the District's bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors, officers or developers and landowners shall submit to the City Engineer of the City,before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, flush valves, valves,pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the territory of the District shall comply with the City's standard plans and specifications. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary 2 sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities,the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on the ground inspections at any time. As further definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. f. Employment of Operator. The District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers County, Texas,and otherwise comply with the rules and regulations of the City.The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though level of rates may vary. j. Treated Water and Sewer Services. The District intends to and shall enter into a contract with the City of Baytown for the purchase of treated water services. Pursuant to this Agreement, the District will agree that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. Additionally,the District shall not construct sewage treatment plant facilities without the prior approval of the City Council of the City. Nothing contained herein shall be construed as to require the City to provide sanitary sewer services to the District. Section 3: In consideration of the City giving its consent for the creation of the District, the petitioners agree that the following additional conditions and terms will apply to the land within the District after its creation: 3 a. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. b. Annexation at Any Time. At any time, the City may annex that portion of the District within its Extraterritorial Jurisdiction. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14`h day of September, 2023. ON CAPETILLO, ayor ATTEST: ��o�Q,pYTOttiN r --J o ANGELA ACKSON;�Cify Clefk-'� a ^n oa APPROVED AS TO F SCOTT L D. City Attorney RAKaren Anderson\RESOLUTIONS,CITY COUNCIL\2023\2023.09.14\S.LemondlChambersCountyMUDIAnnexation3.0327Acres.docx 4 EXHIBIT "A" CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 PETITION FOR CONSENT TO ANNEX LAND THE STATE OF TEXAS § COUNTY OF CHAMBERS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN: CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 (the "District"), and LESLIE TURNER., a landowner ("Landowner") (Landowner and District hereinafter called "Petitioners"),acting pursuant to the provisions of Section 54.016,Texas Water Code,respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioners would show as follows: I. The District, to which the land hereinafter described is sought to be annexed,exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code,as amended, and was created by House Bill No. 952,Acts of the 76t' Legislature of the State of Texas, Regular Session, effective May 6, 1999. Il. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District. Landowner represents and warrants that there are no outstanding liens of record affecting the land sought to be added, except for a Vendor's Lien in Deed held by Barbers Hill Bank,a branch of Anahuac National Bank. III. The land sought to be added to the District contains approximately 3.0327 acres of land, more or less, and lies wholly within Chambers County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of the Texas Local Government Code, Section 42.001 et seg.,as amended,said area is within the extraterritorial jurisdiction of the City of Baytown and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. IV. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. V. 1 The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition,repair, extension and improvement of land, easements, works, improvements,facilities,plants,equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. VI. There is a necessity for the improvements described above. The area of the District is urban in nature, is within the growing environs of Baytown,Texas, and is in close proximity to a populous and developed section of Chambers County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to the land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto, require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. It is estimated by the Petitioners from such information as is available at this time,that the cost of extending the District's facilities to serve the area sought to be annexed will be approximately $0. 2 WHEREFORE,Petitioners respectfully pray that this petition be granted in all respects and that the City of Baytown give its consent to the annexation of the aforesaid land in said District. IN WITNESS WHEREOF, Petitioners have executed this Petition effective as of the 6m day of July,2023. "Petitioners" CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 (the "District") elI , r si n Board of Directo LY CBoard Meyers Secretary of Dir tors THE STATE OF TEXAS § �s § COUNTY OF Yb § This instrument was acknowledged before me on this CJ day of `-�`'lY ,2023,by Kelly Riggs and Justin Meyers, in their capacity as President and Secretary of CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT, on behalf of said District. [SEAL] QC4I✓Yb✓✓✓✓. ---- - ✓I.IC/✓,r✓.�,4 Not b c, S to of Texas ti Yp J RON YOUNG ti r 5939 STATE 111 NOTARY PUBLIC,STATE OF TEXAS 11 3 MY COMMISSION EXPIRES 11 JUNE 19, 2025 1 1�.�✓✓✓1dCYY✓.IC/Y.rll✓l✓1✓✓!✓✓� LESLIE TURNER, Landowner By: hafi") Leslie Turner, Sole Landowner THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this C�day of 2023, by Leslie Turner, in her capacity as sole Landowner. [SEAL] of ry Public, State of Texas LISA ANN CUTBIRTH Notary Public,State of Texas ��• ''i n� Comm.Expires 08-23-2026 ''a';;of•':�`� Notary ID 13398166-3 4 EXHIBIT " " DESCRIPTION OF A TRACT OF LAND CONTAINING 3.0327 ACRE(132,106 SQUARE FEET) SITUATED IN THE WILLIAM BLOODGOOD LEAGUE,A-4 IN CHAMBERS COUNTY, TEXAS Being a tract of land containing 3.0327 acre(132,106 square feet) situated in the William Bloodgood League,A-4 in Chambers County, Texas, and being all of Tract 1, and the east fifty feet of Tract 2 of A Minor Plat for Susan Fullbright as recorded in Volume B, Page 169 of the Plat Records of Chambers County, Texas, and also being all of a 2.6 acre tract(calculated) (called Part of that Five(5) Acres) as described in deed to Leslie Turner and recorded under County Clerk's File No. 2022-188301 of the Deed Records of Chambers County,Texas. Said 3.0327-acre tract of land more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod with cap stamped"PRO-SURV"located in the east right-of-way line of State Highway No. 146(120 feet wide)for the northwest corner of said 2.6-acre tract(calculated)and for the southwest corner of Reserve`B", Pine Meadows Subdivision Section One as recorded in Volume B, Page 249 of the Plat Records of Chambers County, Texas, for the southwest corner of a called 0.0540-acre tract(Private Lift Station Site)as described in deed to Chambers County Municipal Utility District No. 1 and recorded under County Clerk's File No. 101236 of the Deed Records of Chambers County, Texas, and for the northwest corner of said tract herein described; THENCE North 77'22' 07"East,with the north line of said 2.6-acre tract(calculated), the south line of said Reserve"B"and the south line of said 0.0540-acre tract,at a distance of 45.12 feet passing the southeast corner of said 0.0540-acre tract,continuing with the north line of said 2.6-acre tract and the south line of said Reserve`B", at a distance of 297.12 feet passing the southeast corner of said Reserve`B"and the southwest corner of Lot 73 of said subdivision, continuing with the north line of said 2.6-acre tract(calculated)and the south line of said Lot 73 for a total distance of 1,042.68 feet to a set 5/8-inch iron rod with yellow cap stamped"Cobb Fendley& Associates"located in the south line of Lot 84 of said subdivision,for the northeast corner of said 2.6-acre tract(calculated), for the northwest corner of Lot 2 of Country Meadows Section Three, a subdivision plat recorded in Volume A,Page 134 of the Plat Records of Chambers County,Texas,and for the northeast corner of said tract herein described; THENCE South 11° 39' 59" West,with the east line of said 2.6-acre tract(calculated) and the west line of said Lot 2, a distance of 209.12 feet to a set 5/8-inch iron rod with yellow cap stamped"Cobb Fendley&Associates"for an angle point in the east line of said 2.6-acre tract(calculated), for an angle point in the west line of Lot 22 of Country Meadows Section Two, a subdivision plat recorded in Volume A,Page 132 of the Plat Records of Chambers County, Texas,and for an angle point in the east line of said tract herein described; Page 1 of 3 THENCE South 03' 38' 03"West, continuing with the east line of said 2.6-acre tract (calculated)and the west line of said Lot 22, a distance of 3.28 feet to a found 1/2-inch iron rod for the southeast corner of said 2.6-acre tract, for an angle point in the west line of said Lot 22, for the northeast corner of Lot 17, Block 1 of Country Meadows Section One, a subdivision plat recorded in Volume B, Page 91 of the Plat Records of Chambers County, Texas, and for the southeast corner of said tract herein described; THENCE South 77'33' 24"West,with the south line of said 2.6-acre tract(calculated) and the north line of said Lot 17, at a distance of 504.46 feet passing the most southerly southwest corner of said 2.6-acre tract(calculated)and the southeast corner of said Tract 1 of said Minor Plat for Susan Fullbright subdivision,continuing with the south line of said Tract 1 and the north line of said Block 1, at a distance of 604.46 feet passing the southwest corner of said Tract 1 and the southeast corner of said Tract 2,continuing with the south line of said Tract 2 and the north line of said Block 1 for a total distance of 654.46 feet to a found 1/2-inch iron rod with cap stamped"PRO-SURV" located in the north line of Block 1, Lot 9 of said Country Meadows Section One subdivision, for the southwest corner of said east Fifty(50)Feet of said Tract 2, for the southeast corner of a called 0.479-acre tract as described in deed to T.J.'S Triple Scented Candles and recorded under County Clerk's File No. 10901-S of the Deed Records of Chambers County,Texas, and for an angle point in the south line of said tract herein described; THENCE North 11°21' 06"East,with the east line of said 0.479-acre tract and the west line of said east Fifty(50)feet of said Tract 2, a distance of 193.29 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley& Associates" located in the north line of said Tract 2, for the northeast corner of said 0.479-acre tract, for the northwest corner of said east Fifty(50) feet of said Tract 2, for an angle point in the south line of said 2.6-acre tract(calculated)and for an angle point in the south line of said tract herein described; THENCE South 77'22' 07"West,with the south line of said 2.6-acre tract(calculated), the north line of said Minor Plat for Susan Fullbright subdivision, the north line of said Tract 2 and the north line of said 0.479-acre tract, at a distance of 117.20 feet passing the northwest corner of said Tract 2,the northwest corner of said 0.479-acre tract and for a called 1.088-acre tract as described in deed to Gilbreath& Company and recorded in County Clerk's File No. 2020-149680 of the Deed Records of Chambers County,Texas, continuing with the south line of said 2.6-acre tract(calculated)and the north line of said 1.088-acre tract for a total distance of 386.83 feet to a found 1/2-inch iron rod with cap stamped"PRO-SURV"located in the east right-of-way line of said State Highway No. 146,for the southwest corner of said 2.6-acre tract (calculated), for the northwest corner of said 1.088-acre tract and for the southwest corner of said tract herein described; Page 2 of 3 THENCE North 12'23' 46"East,with the east right-of-way line of said State Highway No. 146 and the west line of said 2.6-acre tract(calculated),a distance of 16.55 feet to the POINT OF BEGINNING and containing 3.0327 acres (132,106 square feet)of land, more or less. Notes: 1. All bearings shown hereon are based on the Texas State Coordinate System, South Central Zone(4204),NAD 83, 2001 adjustment. 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 3. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley& Associates, Inc. dated May 12,2023,titled"A BOUNDARY SURVEY OF A 3.0327 ACRE (132,106 SQ. FT.)TRACT SITUATED IN THE WILLIAM BLOODGOOD LEAGUE, A-4, IN CHAMBERS COUNTY, TEXAS". Cobb,Fendley&Associates,Inc. TBPELS Firm Registration No. 100467 ..........0 13430 NW Freeway, Suite 1100 ; Houston,TX 77040 : ' """ CHRISTOPHER B. WELLS Phone: 713-462-3242 "" ;A9 6615 P: 9�0 .. Job No. 1412-048-01-12 May 12,2023 Page 3 of 3 '<Fy f'`J 9 a� ,A-, �(/(J a fq a� i a Y a • 4 � e S a:� a p py �9 BE s j. 1 §yk YS � Y1i �• °•7 i � r _ e ° € i. hh s q } ,�� g s�t a3 I : \� ;�•Y � �1 gT � �,j,��7; a �� d � $�! �5] G q 1 Yd y PETITION FOR ADDITION OF CERTAIN LAND TO CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 THE STATE OF TEXAS § COUNTY OF CHAMBERS § TO THE HONORABLE BOARD OF DIRECTORS OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1: The undersigned, hereinafter called Petitioner(whether one or more), as owner of title to the land hereinafter described and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code,particularly Section 49.301 of the Code,together with all amendments and additions thereto, respectfully petitions and requests the Board of Directors of CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (hereinafter the"District"),to add to and include within the boundaries of the District the property described by metes and bounds in Exhibit"A" attached hereto and incorporated herein for all purposes (hereinafter the "Property"). In support of this Petition,Petitioner represents, covenants and agrees, as follows: I. The Petitioner is vested with fee simple title and full ownership of the Property. II. The Property to be annexed to and included within the District is an area of approximately 3.0327 acres of land, more or less, and lies wholly within Chambers County, Texas, and is accurately described by metes and bounds in Exhibit"A"hereto. No part of the Property is within the corporate limits of any incorporated city,town or village and no part of the Property is within the extraterritorial jurisdiction (as such tern is defined in the Texas Local Government Code, Section 42.001 et sea., as amended) of any city, town or village, except the City of Baytown, Texas. III. Petitioner represents and warrants that all holders of liens against any portion of said land sought to be annexed have consented to the addition of said land to the District by Joinder attached hereto. IV. Petitioner alleges that the addition of said Property to the District is feasible and practicable and would be to the advantage of the District, and would be of benefit and to the advantage of the land and all taxable property located thereon. Petitioner further alleges that the District's present I and future water and sanitary sewer systems and other improvements of the District are sufficient or will be sufficient to supply the land proposed hereby to be added to the District without injuring lands already within the District. V. Petitioner, on behalf of itself and its successors and assigns, agrees(i)to comply with the terms, conditions and provisions of the District's rules, regulations and policies for the provision of District services, as amended from time to time, (ii) to prohibit the use of District services by, through or across the Property to any land or premises outside the Property without the prior written consent of the District,and(iii)to make available to the District,at no cost to the District, such easements and rights-of-way of standard location and size as may be reasonably necessary and reasonably located, if any,to permit the District to provide water,sanitary sewer and drainage works, facilities and services to or adjacent to the Property. VI. Petitioner hereby certifies that there are no qualified voters residing within the boundaries of the Property. VII. This Petition shall constitute an election on the part of Petitioner,its successors and assigns, for the Property and any improvements which are now or may hereafter be constructed thereon to become liable for all present and future debts and taxes of the District in the same manner and to the same extent as other lands and improvements in the District are liable for the District's debts and taxes. This Petition shall be considered further an election and authorization by Petitioner, its successors and assigns,for the Board of Directors of the District to issue and sell the remainder of bonds authorized at elections held prior to the addition of the Property but unissued at the time of the addition of the Property, for the purposes and upon the terms and conditions such bonds were voted,in one or more installments or series,at a future date or dates,when,in the Board's judgment, such amounts are required for the authorized purposes. VIII. Petitioner elects, accepts, assumes and acknowledges the right, power, duty and necessity of the District to assess, levy and collect taxes on and against the Property and all taxable property thereon for the payment of any outstanding indebtedness payable in whole or in part from taxation which may be owed, contracted or authorized by the District, or any taxes levied for or in anticipation of the payment of any such outstanding indebtedness which may be owed, contracted or authorized by District. IX. 2 Petitioner is aware that elections have been held within the District to authorize the Board of Directors to levy and collect a maintenance tax levied against all taxable property within the District to secure funds for authorized purposes. Petitioner elects, accepts, assumes and acknowledges the right, power, duty and necessity of the District to assess, levy and collect a maintenance tax on and against the Property and all improvements thereon. Petitioner hereby elects, accepts, covenants and agrees that the Property and all improvements thereon shall bear a pro rata share of any and all maintenance taxes and all other obligations heretofore authorized and to be authorized by the District, and such Property shall be taxed equally with all other properties within the District. X. For and in consideration of the addition of the Property to the District, Petitioner agrees that all agreements, stipulations and covenants stated herein shall become fixed with the Property, shall run with the Property and shall be binding on Petitioner and Petitioner's successors and assigns. WHEREFORE,Petitioner prays as follows: That this Petition be granted in all respects; that, subject to the required consent of the City of Baytown, Texas, the Property described in Exhibit"A"hereto be added to and become a part of the District as provided by law and particularly by the provisions of the Texas Water Code, as amended; that after this Petition is granted that it and the Board's action hereon be filed of record and recorded in the office of the County Clerk of Chambers County, Texas; and that Petitioner have any other relief to which Petitioner may be entitled. [EXECUTION PAGES TO FOLLOW] 3 IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the 61`day of July, 2023. ("Landowner") By: AwwL,�—) Leslie Turner, Landowner THE STATE OF TEXAS § COUNTY OF CHAMBERS § .,i,, This instrument was acknowledged before me on this t t"� day ofA �I 2023, by Leslie Turner, in her capacity as Sole Landowner. [SEAL] Notary Public, State of Texas LISA ANN CUTBIRTH °• }tA%Notary Public,State of Taxes . f Comm.Bxpiroe08.23.2026 may/ NotaryID 13388188-3 4 CERTIFICATE AS TO LIENS THE STATE OF TEXAS § COUNTY OF CHAMBERS § BEFORE ME, the undersigned authority, on this day personally appeared Eddie V. Gray, Trustee,who being by me first duly sworn,did on his oath depose and say as follows: "Leslie Turner, Sole Landowner ("Landowner"), is the owner of that certain real estate consisting of approximately 3.0327 acres of land, more or less, and more particularly described on Exhibit"A" attached hereto and made a part hereof for all purposes. Landowner is also a Petitioner in that certain petition which requests the inclusion of the aforesaid real estate in Chambers County Municipal Utility District No. 1, a municipal utility district organized under and governed by the terms of Chapters 49 and 54 of the Texas Water Code." "Landowner holds title to the aforesaid real estate in fee simple absolute. As of the date hereof,Landowner's title to said real estate is not encumbered by any liens or the terms of any trust agreements, except for a Vendor's Lien in Deed held by BARBERS HILL BANK,a branch of ANAHUAC NATIONAL BANK. Landowner understands that the aforesaid municipal utility district will rely on this Certificate in making representations as to the status of title to the aforesaid real estate. Landowner hereby agrees to indemnify and hold harmless the aforesaid municipal utility district, its agents,successors and assigns from and against all losses,damages,injuries,claims, demands and expenses, including legal expenses, of whatsoever nature caused or contributed to by any errors or misrepresentations contained in this Certificate." ,V,1, L slie Turner,Landowner THE STATE OF TEXAS § COUNTY OF CHAMBERS § L This instrument was acknowledged before me on this-,A day of '�0 20a by Leslie Turner,Sole Landowner. .l [SEAL] N t Public, State of Texas LISA ANN CUTBIRTH r;4='•• •'i+^Notary Public,State of Texas Comm.Expires 09-23.2028 -3 Notary ID 13398188 JOINDER OF LIENHOLDER THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF CHAMBERS § That the undersigned, the legal and equitable owner and holder of certain lien or liens against all or a portion of the real estate sought to be included in CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (a municipal utility district organized under and governed by the terms of Chapters 49 and 54 of the Texas Water Code) by the Petition to which this Joinder is attached, has executed this Joinder to evidence its consent to the granting of said Petition, given with full knowledge and agreement that any and all liens held by the undersigned, however evidenced or created,are and will be subordinate and inferior to any and all tax liens now held by, or which may hereafter arise in favor of, the aforesaid municipal utility district pursuant to the Texas Property Tax Code as now in effect and as may hereafter be from time to time amended. Dated this the 7th day of August , 2023. BARBERS HILL BANK, a branch of Anahuac National Bank By: Namae laimepmfaivar Title. ssistant Cashier Address:11402 Eagle Dr Mont Belvieu,TX 77523 STATE OF TEXAS § COUNTY OF (;WW t W5 § BEFORE ME, the undersigned authority, on this the 1t"day of td + 2023, pggrsonally appeared Jc�s AC&Al , serving in his/her capacity as Mk - C4-MA i"'W of Barbers Hill Bank,a branch of Anahuac National Bank,who acknowledged to me that he/she executed the same in the capacity and for the purposes therein expressed. [SEAL] Notary Public, State of Texas LISA ANN CUTBIRTH Notary Public,state of Texas Comm.Expires09-23-2026 Notary ID 13398166-3 n,u+`` CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY THE STATE OF TEXAS § COUNTY OF CHAMBERS § I,the undersigned officer of BARBERS HILL BANK,hereby certify that James Naivar serves as Assistant Cashier of BARBERS HILL BANK, and that in such capacity he/she executed the Petition to which this certificate is attached,praying for the addition to Chambers County Municipal Utility District No. 1 of that certain tract or parcel of land situated in Chambers County, Texas, and more particularly described in said Petition,reference to which is hereby made for all purposes,and that the execution of said Petition has been duly authorized,approved,ratified,and confirmed as the act and deed of said bank,by all necessary action of the officers of said bank in conformity with its regulations. I do further certify that James Naivar has the power to execute in the name of BARBERS HILL BANK, such contracts, agreements, and instruments as may be required or permitted by law to be executed by said bank,which are necessary and appropriate,related or appurtenant to the requested addition of the aforesaid lands. Witness my hand this 7th day of August ,2023. BARBERS HILL BANK a branch of Anahuac 14ational Bank By: .C_ Name: Roxana Molina Title: Assistant Cashier Address: 11402 Eagle Dr Mont Belvieu,TX 77523 STATE OF TEYAAS § COUNTY OF § BEFORE ME, the undersigned authority, on this the day of (,C• 2023, personally appeared 9,600f4g 1461� ,serving in his/her capacity as 1, C of Barbers Hill Bank,a branch of Anahuac National Bank,who acknowledged to me that he/she executed the same in the capacity and for the purposes therein expressed. [SEAL] ,It,. i&oi�' Notary Pub Tic,State of Texas still LISA ANN CUTBIRTH Notary Public,State of Texas Comm.Explres09-23.2028 Notary ID 13398188-3