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CC Resolution No. 2861 RESOLUTION NO. 2861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 53.82 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 53.82 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 53.82 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 53.82 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 1 oth anniversary of the date of issuance without premium. The bonds shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95%of par;provided,however,the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent 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 280'day of September, 2023. , DON CAPETILLO, ayor ATTEST: sNYTOw �lz •........ I 0 u N • ANGELA 8CKSqN, City Jerk ,°'CO ��.� °goo ccu•i°•r APPROVED AS TO RM: SCOTT L ND, City Attorney RAKaren Anderson\RESOLUTIONSICITY COUNCIL\2023\2023.09.28\ChambersCountyMUDIAnnexationaBMAcres.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 John Blake Fitzgerald, Trustee of the John D. Fitzgerald Trust and Independent Executor of the John D. Fitzgerald Trust, Deceased, as well as Kinney M. Fitzgerald, individually and as Trustee of the Kinney M. Fitzgerald Trust ("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: 1. 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 76`n Legislature of the State of Texas, Regular Session, effective May 6, 1999. II. 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. III. The land sought to be added to the District contains approximately 53.82 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 sea., 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. 1 V. 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. NIT INDUSTRIAL LLC, a Texas limited liability company,has entered into an earnest money contract to purchase the Land and desires to be considered a Petitioner for addition of the Land into the District. VIII. 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$906,550.29. 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 Oh day of July, 2023. "Petitioners" CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.1 (the "District") 11 eggs, Pres Board of Directors 5ATTEST: [S E A L] THE STATE OF TEXAS § COUNTY OF s § // This instrument was acknowledged before me on this l0 day of J" _,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] ap '�'11 11'�'�'rr'r� Not b 'c, S to of Tex ib 1 Yn a J RON YOUNG * 5939639 l� ll1 y a NOTARY PUBLIC,STATE OF TEXAS 11 3 11OF MY COMMISSION EXPIRES 11 1 JUNE 19, 2025 �lll IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the Wh day of July,2023. "Landowner" By: ohn Blake Fitpffffi,Trustee of the John D. Wt4erald TrusrwxWdependent Executor of the Estate of John D.Fitzgerald,Deceased THE STATE OF TEXAS § §COUNTY OF L�_ § This instrument was acknowledged before me on this 'ZZ-day of A,,q u S 2023, by John Blake Fitzgerald,in his capacity as Trustee of the John D.Fitzgerald Tyust,on behalf of said trust, and in his capacity as Independent Executor of the Estate of John D. Fitzgerald, Deceased,on behalf of said Estate. [SEAL] STEPHEN KINCAID Notary blic,State of Texas .�1PRY PVei�i 'Q=-Notary Public,State of Texas Comm.Expires 09-17.2024 Notary ID 125727301 �unna 4 IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the 6`h day of July,2023. "Landowner" e By. nn y M. itzgerald ' div' y and as Trustee of a Kinney M.Fitzgerald Trust THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this�day of 2023, by Kinney M.Fitzgerald,individually,and in his capacity as Trustee of the M. Fitzgerald Trust,on behalf of said Trust. [SEAL] 6 Hannah Lon Jackson Notary Public,State of Texas ` My commis-M Exgns 12IM2023 ID No 128591371 5 IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the 6 h day of July,2023. NIT INDUSTRIAL LLC, a Texas limited liability company By. J en, anaging Member THE STATE OF TEXAS § COUNTY OF kb rA tjj!4zA-y § This instrument was acknowledged before me on this day of S'r 2023, by Jason Tangen, in his capacity as Managing Member of NIT INDUSTRIAL LC, a Texas limited liability company,on behalf of said company. [SEAL] I /J �r LEANNE KUCIEMBA to blic, State of Texas Notary Public,State of Texas Comm.Expires 12-19-2023 Notary ID 130472246 6 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 53.82 ACRES(2,344,321 SQ. FT.) SITUATED IN THE WILLIAM BLOODGOOD AUGMENTATION SURVEY, A-5,CHAMBERS COUNTY,TEXAS Being a tract of land containing 53.82-acre (2,344,321 square feet) situated in the William Bloodgood Augmentation Survey, A-5, in Chambers County, Texas, being all of a called 0.8151-acre tract as conveyed unto John D. Fitzgerald and Kinney Fitzgerald by deed dated March 26, 2004 and recorded in Volume 687, Pag 546 of the Official Public Records of Chambers County, Texas, being all of the residue of a called 18.423-acre tract (Tract One) as conveyed unto John M. Fitzgerald by deed dated December 18, 1974 and recorded in Volume 363, Page 181 of the Deed Records of Chambers County, Texas, being all of the residue of a called 4.779-acre tract as conveyed unto John D. Fitzgerald and Kinney Fitzgerald by deed dated March 26, 2004 and recorded in Volume 687, Page 558 of the Official Public Records of Chambers County, Texas, being all of the residue of a called 18.423-acre tract as conveyed unto John D. Fitzgerald and Kinney M. Fitzgerald by deed dated September 3, 1974 and recorded in Volume 363, Page 173 of the Deed Records of Chambers County, Texas, and also being all of the residue of a called 18.423-acre tract as conveyed unto John D. Fitzgerald and Kinney M. Fitzgerald by deed dated July 7, 1970 and recorded in Volume 42, Page 74 of the Deed Records of Chambers County, Texas. Said 53.82-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod located on the located on the south right-of-way line of Interstate Highway 10, for the northwest corner of said 0.8151-acre tract, for the northeast corner of a called 5.32-acre tract as conveyed unto Martin Gas Transport, Inc. by deed dated March 26, 1987 and recorded in Volume 9, Page 109 of the Official Public Records of Chambers County, Texas, and for the northwest corner of said tract herein described, from which a found 1/2-inch iron rod located at an angle point in the south right-of- way line of Interstate Highway 10 bears South 82' 21' 51" West, a distance of 967.98 feet and from which, a found TxDOT Concrete Monument bears South 73' 14' 49" West, a distance of 6.98 feet; THENCE North 82'2 V 5 1"East, with the south right-of-way line of said Interstate Highway 10 and the north line of said 0.8151-acre tract, a distance of 71.75 feet to a point for the northeast corner of said 0.8151- acre tract, for the northwest corner of a called 2.00-acre tract as conveyed unto Kurt N. Snell by deed dated August 5, 2004 and recorded in Volume 717, Page 234 of the Official Public Records of Chambers County, Texas, and for the northeast corner of said tract herein described, from which a found 1/2-inch iron rod bears South 73' 17' 08" West, a distance of 0.31 feet); THENCE South 20' 17' 59" East, with the east line of said 0.8151-acre tract and the west line of said 2.00-acre tract, at distance of 304.09 feet passing the southwest corner of said 2.00-acre tract and for the northwest corner of the residue of a called 15.06-acre tract(save and except 2.00 acres) as conveyed unto Kurt N. Snell by deed dated August 5, 2004 and recorded in Volume 717, Page 228 of the Official Public Records of Chambers County, Texas, continuing with the east line of said 0.8151-acre tract and the west line of said 15.06- acre tract at a distance of 491.52 feet passing a point for the southeast corner of said 0.8151-acre tract and for the northeast corner of said 18.423-acre tract(Tract One), continuing with the east line of said 18.423-acre tract (Tract One)and the west line of said 15.06 acre tract for a total distance of 511.32 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for an angle point on the easterly line of the residue of said 18.423-acre tract (Tract One), for an angle point on the west line of said 15.06-acre tract and for an angle point on the easterly line of said tract herein described; Page 1 of 4 THENCE South 12' 55' 54" East, with the east line of said 18.423-acre tract (Tract One) and the west line of said 15.06-acre tract, at a distance of 1,460.30 feet passing a found 1/2-inch iron rod for the southeast corner of said 18.423-acre tract(Tract One) and for the northeast corner of said 4.779-acre, continuing with the east line of said 4.779-acre tract and the west line of said 15.06-acre tract for a total distance of 1,485.40 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associate" for an angle point in the east line of said 4.779-acre tract, for an angle point on the west line of said 15.06-acre tract and for an angle point on the east line of said tract herein described; THENCE South 12' 06' 51" East, continuing with the east line of said 4.779-acre tract and said 15.06- acre tract, a distance of 361.07 feet to a found 5/8-inch iron rod located on the north right-of-way line of Needlepoint Road (width varies, Volume 326, Page 547, Official Public Records of Chambers County, Texas), for the southeast corner of said tract herein described; THENCE South 87" 16' 34" West,with the north right-of-way line of said Needlepoint Road, a distance of 734.50 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for an angle point in the north right-of-way line of said Needlepoint Road and for an angle point on the south line of said tract herein described; THENCE South 74128' 48" West, continuing with the north right-of-way line of Needlepoint Road, at a distance of 241.40 feet passing the west line of said 18.423-acre tract (Volume 363, Page 173) and the east line of said 18.423-acre tract (Volume 42, Page 74), continuing with the northerly right-of-way line of said Needlepoint Road (as monumented, no record information found) for a total distance of 816.09 feet to a found 1-inch iron pipe for the southwest corner of the residue of said 18.423-acre tract (Volume 42, Page 74) for the southeast corner of a called 12.026-acre tract as conveyed unto Herman S. Lowery by deed dated March 27, 1980 and recorded in Volume 451, Page 665 of the Deed Records of Chambers County, Texas, and for the southwesterly corner of said tract herein described; THENCE North 13' 14' 27" West, with the west line of said 18.423-acre tract (Volume 42, Page 74) and the east line of said 12.026-acre tract, a distance of 1,204.56 feet to a set 5/8-inch iron rod with yellow cap stamped"Cobb Fendley&Associates"for the northwest corner of said 18.423-acre tract(Volume 42, Page 74), for the southwest corner of a called 4.5117-acre tract as conveyed unto Herman S. Lowery and wife, Ursula Lowery by deed dated May 13, 1991 and recorded in Volume 144, Page 186 of the Official Public Records of Chambers County, Texas, and for an angle point on the west line of said tract herein described; Page 2 of 4 THENCE North 56° 54' 10" East, with the north line of said 18.423-acre tract (Volume 42, Page 74) and the south line of said 4.5117-acre tract, at a distance of 184.14 feet passing a point for the southeast corner of said 4.5117-acre tract and for southwest corner of a called 6.918-acre tract as conveyed unto Midstream Transportation Co. by deed dated September 4, 2019 and recorded under County Clerk's File No. 145762 of the Official Public Records of Chambers County, Texas, from which a found 1 1/4-inch galvanized iron pipe bears South 12° 52' 56" East,a distance of 2.23 feet, continuing with the north line of said 18.423-acre tract(Volume 42, Page 74) and the south line of said 6.918-acre tract, at a distance of 517.37 feet passing a point for the southeast corner of said 6.918-acre tract and for the southwest corner of a called 2.34-acre tract (Tract II) as conveyed unto Gail M. Enderli by deed dated September 30, 2020 and recorded under County Clerk's File No. 159789 of the Official Public Records of Chambers County, Texas, from which a found 5/8-inch iron rod bears South 15' 05' 37" East, a distance of 0.72 feet, continuing with the north line of said 18.423-acre tract(Volume 42, Page 74)and the south line of said 2.34-acre tract, at a distance of 618.44 feet passing a found 5/8-inch iron rod for the northeast corner of said 18.423-acre tract (Volume 42, Page 74) and for the northwest corner of said 18.423-acre tract (Volume 363, Page 173), continuing with the north line of said 18.423-acre tract (Volume 363, Page 173) and the south line of said 2.34-acre tract, at a distance of 648.22 feet passing the southeast corner of said 2.34-acre tract and for the southwest corner of a called 2.363-acre tract(Tract I)as conveyed unto Gail M. Enderli by deed dated September 30, 2020 and recorded under County Clerk's File No. 159789 of the Official Public Records of Chambers County,Texas, from which a found 1/2-inch iron rod bears South 29' 24' 52" East, a distance of 0.62 feet, continuing with the north line of said 18.423-acre tract (Volume 363, Page 173) and the south line of said 2.363-acre tract, at a distance of 793.83 feet passing the southeast corner of said 2.363-acre tract and the southwest corner of a called 4.752-acre tract as conveyed unto Gail M. Enderli by deed dated September 30, 2020 and recorded under County Clerk's File No. 159788 of the Official Public Records of Chambers County, Texas, from which a found 5/8-inch rod bears North 12° 33' 50" East, a distance of 0.63 feet, continuing with the north line of said 18.423-acre tract (Volume 363, Page 173) and the south line of said 2.363-acre tract, at a distance of 1,185.15 feet passing a found 3/4-inch iron rod for the southeast corner of said 4.752-acre tract and the southwest corner of said 5.32-acre tract, continuing with the north line of said 18.423- acre tract (Volume 363, Page 173) and the south line of said 5.32-acre tract passing a found 3/4-inch iron rod for the northeast corner of said 18.423-acre tract (Volume 363, Page 173) and the northwest corner of said 18.423-acre tract (Tract One), continuing with the north line of said 18.423-acre tract(Tract One)and the south line of said 5.32-acre tract, for a total distance of 1,576.50 feet to a found 5/8-inch iron rod for the southeast corner of said 5.32-acre tract, for the southwest corner of said 0.8151-acre tract and for an interior corner of said tract herein described; THENCE North 20' 17' 59" West, with the west line of said 0.8151-acre tract and the east line of said 5.32-acre tract, a distance of 523.14 feet to the POINT OF BEGINNING and containing 53.82 acres (2,344,321 square feet)of land. Page 3 of 4 Notes: 1.All bearings shown hereon are grid values, based on the Texas State Coordinate System, South Central Zone (4204),NAD 83,2011 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.of even date. Cobb,Fendley&Associates,Inc. TBPELS Firm Registration No. 100467 13430 NW Freeway, Suite 1100 Houston,TX 77040 Phone: 713-462-3242 c, kf,� ►3. �( .. ' Job Number: 1412-048-01-12 KYLE CARS%'-'t\l SUNDPAY�i June 16,2023 ...�................................. 5924 a }' SU*R' Page 4 of 4 !if a INk s i :: : : 9 ; ��_ , EXHIBff "A" -� 11 1 Ak 10 ...................... A if P. It g i.it it !WNI F 0-. I i! ;r -01 iHi! p It it V,i f_ . Z llf i: i A IP ft 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. I (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. H. The Property to be annexed to and included within the District is an area of approximately 53.82 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 term is defined in the Texas Local Government Code, Section 42.001 et seq., as amended) of any city, town or village, except the City of Baytown, Texas. M. 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 1 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. XI. NIT INDUSTRIAL LLC,a Texas limited liability company,has entered into an earnest money contract to purchase the Land and desires to be considered a Petitioner for addition of the Land into the District. 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 6m day of July,2023. "Landowner" By: ofild e Fi erald, rustee of the John D. Trus dependent Executor of the Estate of John D.Fitzgerald,Deceased THE STATE OF TEXAS t' § COUNTY OF V�yl § This instrument was acknowledged before me on this 2t day of 2023, by John Blake Fitzgerald,in his capacity as Trustee of the John D.Fitzgerald Trust,on behalf of said trust, and in his capacity as Independent Executor of the Estate of John D. Fitzgerald, Deceased,on behalf of said Estate. [SEAL] STEPHEN KINCAID P4°��-Notar Public,State of Texas �2t n_ y Comm.Expires 09 17 2024 Notary ID 125727301 4 IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the 6`h day of July,2023. "Landowner" By: ldjnney M.F tzgerald, WSW@ and a Trustee of a Kinney M.Fititgerald Trust THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this 99 day of 2023, by Kinney M. Fitzgerald,individually,and in his capacity as Trustee of the KiAn6 M.Fitzgerald Trust,on behalf of said Trust. [SEAL] &�A A— ) r$� Hannah Lori Jackson Notary Public,State of Texab ^ My Commission Exjxrm 1210812023 ID No 128591371 IN WITNESS WHEREOF,Petitioner has executed this Petition effective as of the 60'day of July,2023. NIT INDUSTRIAL LLC, a Texas limited liability company By: n,Managing Member THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this 22— day of L v%-T 2023, by Jason Tangen, in his capacity as Managing Member of NIT INDUSTRIAL LLC, a Texas limited liability company, on behalf of said company. [SEAL] 1 �t.EA�NN KUCIEMBA vC ° °i,�Notar P Notary lic, State of Texas -.'.**y^ V Public State of Texas Comm.Expires 12-19-2023 >h oll%r` Notary ID 130472246 6 CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY THE STATE OF TEXAS § COUNTY OF CHAMBERS § I,the undersigned officer of NIT INDUSTRIAL LLC,hereby certify that Jason Tangen serves as Managing Member of NIT INDUSTRIAL LLC, 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. I 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 Jason Tangen has the power to execute in the name of NIT INDUSTRIAL LLC, 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 VI- day of 2023. NIT INDUSTRIAL LLC a Texas limited ' o any By: Name: Title: Mb� Address: 61n 40 STATE OF TEXAS § COUNTY OF rt� .P-f § BEFORE ME, the undersigned authority, on this the day of -t 2023, personally appeared 7;KeA5F-h.Ev�-� ,serving in his/her capacity as of NIT INDUSTRIAL LLC,a Texas limited liability company,who acknowledged to me that he/she executed the same in the capacity and for the purposes therein expressed. [SEAL] �C State of Texas :YPrr/ LEANNE KUCIEMBA v6�4 Notary Public,State of Texas Comm.Expires 12-19-2023 If, Notary ID 130472246 CERTIFICATE OF AUTHORITY OF TRUST I,JOHN BLAKE FITZGERALD,hereby certify that I am duly authorized in my capacity as TRUSTEE of the JOHN D.FITZGERALD TRUST to sign a Petition for Consent to Annex Land into CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the"District"), and any other documents or certificates needed by the City of Baytown,Texas and the Attorney General of Texas,in connection with said annexation. (Check one of the following) ❑ I hereby certify that no written trust agreement exists and therefore the Texas Trust Act applied and I am the trustee;or ❑ Attached hereto as Exhibit A is a copy of the trust agreement showing my evidence of my appointment as Trustee. John Blake Fitzgerald,Trustee of the John D. Fitzgerald Trust and Independent Executor of the Estate of John D.Fitzgerald,Deceased By: Name: era- THE STATE OF TEXAS § COUNTY OF keeJeAl § This instrument was acknowledged before me on this 'ZZ day ofAucjS 2023, b John Blake Fitzgerald in his capacity as Trustee of the John D.Fitzgerald Tru on behalf of y g said Trust. [SEAL] .,"vP'.. STEPHEN KINCAID Notary Public,State of Texas '`at 'vc Comm.Expires 08-17-2024 s OF Notary ID 125727301 CERTIFICATE OF AUTHORITY OF TRUST I,KINNEY M.FITZGERALD,hereby certify that I am duly authorized in my capacity as TRUSTEE of the KINNEY M.FITZGERALD TRUST to sign a Petition for Consent to Annex Land into CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the "District"),and any other documents or certificates needed by the City of Baytown,Texas and the Attorney General of Texas,in connection with said annexation. (Check one of the following) ❑ I hereby certify that no written trust agreement exists and therefore the Texas Trust Act applied and I am the trustee;or ❑ Attached hereto as Exhibit A is a copy of the trust agreement showing my evidence of my appointment as Trustee. Kinney M.Fitzgerald,individually and as Trustee of the Kinney M.Fitzgerald Trust By: Name: L.-001 -/'000V- —71 THE STATE OF TEXAS § COUNTY OF V4 6pfs- § This instrument was acknowledged before me on this a a day of A QA 2023, by Kinney M.Fitzgerald,individually,and in his capacity as Trustee of the Kinn4 M.Fitzgerald Trust,on behalf of said Trust. [SEAL] .fo'�°% Hannah Lori Jackson Notary Public,State of Texas $' My com"mmn Expose r� 12I08/= ID No 128397371 DESIGNATION OF SUCCESSOR TRUSTEES OF THE JOHN D. FITZGERALD TRUST AND RESIGNATION OF CURRENT TRUSTEE WHEREAS, by last will and testament dated August 25, 1989 (the "Will"), John M. Fitzgerald, as settlor, created that certain trust known as the John M. Fitzgerald Family Trust(the "Family Trust'); WHEREAS,pursuant to a Trust Termination and Distribution Agreement,the Family Trust was terminated and its assets divided between the John D.Fitzgerald Trust("John's Trust')and the Kinney M. Fitzgerald Trust created under Article VH of the Will; WHEREAS,John D.Fitzgerald is serving as sole trustee of John's Trust,pursuant to Section 8.1 of the Will; WHEREAS,John D.Fitzgerald has the right under Section 8.3 of the Will to remove and change the designation of the successor trustees of John's Trust;and WHEREAS,John D.Fitzgerald desires to name new successor trustees of John's Trust and to resign as trustee of the same. NOW,THEREFORE,pursuant to the powers provided under Section 8.3 of the Will,John D.Fitzgerald hereby appoints the following as Successor Trustee of John's Trust,each to serve alone and in the order named; 1. John Blake Fitzgerald; 2. Kassie M.Fitzgerald. Further, John D. Fitzgerald hereby resigns as Trustee of John's Trust, and John Blake Fitzgerald accepts the appointment as Successor Trustee. IN WITNESS WHEREOF,John D.Fitzgerald has executed this Designation of Successor Trustees on this 2'Sday of January,2017,in his capacity as sole beneficiary and as trustee of the John D.Fitzgerald Trust. Jo .Fitzgerald,Ben and Tiustee ACCEPTANCE OF APPOINTMENT AS SUCCESSOR TRUSTEE: John Blake Fitzgerald, Successor Trustee THE STATE OF TEXAS § COUNTY OF rs § This instrument was acknowledged before me on the A'-1µ day of January,2017,by John D. Fitzgerald,individually as beneficiary and as trustee of the John D.Fitzgerald Trust . . NOTARY�llC 3T IEXAS n(Yl ���1� W O'OK DM 91 7 Notary Public,Sta of Texas NOTARY ID 12rM4 E THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of January,2017,by John Blake Fitzgerald,individually as successor trustee of the John D.Fitzgerald Trust. Notary Public, State of Texas 2 IN WITNESS WHEREOF,John D.Fitzgerald has executed this Designation of Successor Trustees on this_ __day of January,2017,in his capacity as sole beneficiary and as trustee of the John D.Fitzgerald Trust, John D. Fitzgerald,Beneficiary and Trustee ACCEPTANCE OF APPOINTMENT AS SUCCESSOR TRUSTEE: L lake Fitzg Successor Trustee THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of January,2017,by John D. Fitzgerald,individually as beneficiary and as trustee of the John D.Fitzgerald Trust. Notary Public,State of Texas THE STATE OF TEXAS § COUNTY OF-�9-9-- § tL =Yof This instrument was acknowledged before me on theZ4 uary,2017,by John Blake Fitzgerald,individually as successor trustee of the John D.Fitzgerald Trust. M. JODI MARIE BEN, Notary lic, State of Texas My ComnOssion Explms p� F�wry 23.2019 2 LETTERS TESTAMENTARY In the Estate of John D. Fitzgerald, deceased 22CPR0090 THE STATE OF TEXAS COUNTY COURT COUNTY OF CHAMBERS I, HEATHER H. HAWTHORNE, Clerk of the COUNTY COURT, CHAMBERS County, Texas, do hereby certify that on the 20th day of September, 2022 John Blake Fitzgerald was by said court duly granted Letters Testamentary for the Estate of John D. Fitzgerald, deceased, and that JOHN BLAKE FITZGERALD qualified as Independent Executor of said Estate on the 20th day of September,2022 as law requires and that said appointment is still in full force and effect. Witness my hand and seal of said court, at Anahuac, Chambers County, Texas, this 20th day of September,2022. i:v. ,',1\NC1T Y C��,��� HEATHER H.HAWF�iI 1 �Ll?I�K 4-* CHAMBERS County, i�//�'•• ,'��� By. r3 �� Christy G ,J .VWY ' '''�F. covN� .. RECEIVED 01/10/2017 09:53AM Jan. 10. 2017 9:40AM No. 0473 P. 1 TRUST TNIM MA,TION AND DISTRBUTION AGROMENT This agreement is effective as of December 2016, (the "1ffective Date', by and between John D.Fitzgerald and Kinney M.Fitzgerald,Trustees of the John M.Fitzgerald Family Trust(the"Trust."). RECITALS A. On August 25, 1989,John M.Fitzgerald("Decedent•')executed his Last Will and Testament B. Decedent died on September 17, 1989,and his Will was admitted to probate in the Probate Court of Chambers County,Texas,in Cause No.2097. C. Pursuant to the terms of the Will,Decedent's residuary estate,was distributed to the Trustee of the of the Trust,which was Decedent's We,Mabel M.Fitzgerald. D. Mabel M.Pitzgerald(the"Wife)died on January 7,2001,atwhich time the parties hereto became Co-Trustees of the Trust. E. Pursuant to the terms of the Trust,upon the death ofthe Wife,the Trust created under the Will was to terminate and be distributed to Descendants'Trusts under Article VIr of the Will. F. The Trust has continued intact by agreement of the Co-Trustees,but now they wish to terminate and divide the Trust and its assets In accordance with the terms of the WHL IT IS,TIIERERORE,AGRERD THAT: 1. The property listed on Schedule comprises all of the assets of the Trust; 2. The assets listed on Schedule B shall be distributed to KinaeyK Fitzgerald,Trustee of the Kinney M.Fitzgerald Trust C Kinney's Trusfj. 3. The assets listed on edule sball be distributed to John D.Fitzgerald,Trustee of the John D.Fitzgerald Trust("John's Trust"). 4. If anyassets are discovered afterthe date of execution ofthis Agreement;such assets shall be owned one-half('/)by Kinney's Trust and one-half 0/2)by John's Trust; as allocated according to the provisions of the Will. . 5. The parties hereto will execute deeds and such other transfer documents as maybe necessary or desirable to effect the allocation and distribution of assets provided for herein. RECEIVED 01/10/2017 09:53AM Jan. 10. 2017 9:41AM No. 0473 P. 2 6. By execution ofthis agreement,KinneyM,Fitzgerald formally accepts all the duties of Trustee ofthe Kinney K Fitzgerald Trust as defined in the Will,and John D.Fitzgerald formally accepts all the duties of Trustee of the John D.Fitzgerald Trost as def ned in the Will. 7. This Trust TermimMon and Distribution Agreement is binding on the parties hereto, their heirs,successors,and assigns. 8. This Agro mwt may be executed in multiple counterparts,each of which shall be deemed an original for all purposes. DATED and MCUTE D on the date first written above. I). Fitzgerald, Trustee of the John M. geraid Family Trust r7 linn eyMizg a of the John M Fitz$ amity Trust STATE OF TRXAS § COUNTY"OF eAAm&,Ls § :MnuMad 2017 This instrument was aelmowledged before=on the_I day of Reeewb&��6,by John D.Fitzgerald,Co-Trustee of the John M.Fitzgerald Family Trust IDtYRt 'HE(9NER &I:KIGO/9tK MY CMMSslaN EXPIRES Notaty FubUc,State of Texas am 20,nil RECEIVED 01/10/2017 09:53AM Jan. 10. 2017 4:41AM No. 0473 P. 3 STATE OF TEXAS § COUNTY OF emmoap- § �pnuARy,ao�y This instmment was acknowledged before me on the I day of IDwa u tber,-2A16,by Kinney M.Fitzgerald,Co-Thi tee of the John M.Fitzgerald Family Tnast. KnlMMY HEIdEE'IiE15f11ER V Q ztA F•--d 10 rYUL MY COMIMI6810N EXPIRES Not public,State of Texas Jmo 1Q 2D17 PREPARED 1N THE OFFICE OF: John W.Carlson Carlson Law Finn 717 Sidney Baker Street Kerrville,Texas 78028 3 RECEIVED 01/10/2017 09:53AM Jan. 10. 2017 9:41AM No. 0473 P. 4 NUMP—LE Ab ets of amA_v_Tnst 1. 141 acres,more or less,located in Chambers County,Texas,at the Southwest corner of the intersection of State Mghway 146 and Interstate 10,Baytown,Texas. 2. 18.42 acres ofland out of the William Bloodgood Augmentation,Abstract No.S,Chambers County,Texas. RECEIVED 01/10/2017 09:53AM Jan. 10, 2017 9:42AM No. 0473 P. 5 SCHEDULE B Assets of the Kinney M.Fitzgerald Trust l. One-half C/z)wxUv:ided interest in the 141 acres,more or less,located in Chambers County, Texas,at the Southwest corner of the intersection of State Highway 146 and Jntwtate 10, Baytown,Texas. 2_ One-half(1/2) undivided interest in 18.42 acres of land out of the William Bloodgood Augmdatation,Abstract No.5,Chambers County,Texas. RECEIVED 01/10/2017 09:53AM Jan. 10. 2017 9.42AM No. 0413 P. 6 scm'E c Assets of the John D.Fitzgerald Trnst I. One-half(%z)undivided interest in the 141 acres,more or lest;,located in Chambers County, Texas,at the Southwest corner of the intersection of State Highway 146 and Ynterstate 10, Baytown,Texas. I One-half(1/2)undivided interest in 18.42 acres of land out of the William Bloodgood Augmentation,A,bstractNo.5,Chambers County,Texas. CERTIFICATE AS TO NO LIENS THE STATE OF TEXAS § COUNTY OF CHAMBERS § BEFORE ME, the undersigned authority, on this day personally appeared Kinney M. Fitzgerald,individually and as Trustee of the Kinney M.Fitzgerald Trust,who being by me first duly sworn,did on his oath depose and say as follows: "Kinney M. Fitzgerald, as Trustee of the Kinney M. Fitzgerald Trust, ("Landowner"), is the owner of that certain real estate consisting of approximately 53.82 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. 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" Kinney M.F' gerald, iv' y and as Trustee oft a Kinney M.F gerald Trust THE STATE OF TEXAS § COUNTY OF C q K✓S § This instrument was acknowledged before me on this ?R day of &1, -L6-+ ,2023, by Kinney M.Fitzgerald,individually,and in his capacity as Trustee of the Kinney M.Fitzgerald Trust,on behalf of said Trust. [SEAL] 40 Hannah Lori Jackson Notary Public,S to of Texas my comm"RvM • '''r 1 N Z869t371 OF.� CERTIFICATE AS TO NO LIENS THE STATE OF TEXAS § COUNTY OF CHAMBERS § BEFORE ME, the undersigned authority, on this day personally appeared John Blake Fitzgerald,Trustee of the John D.Fitzgerald Trust,and Independent Executor of the Estate of John D. Fitzgerald,Deceased,who being by me first duly swom,did on his oath depose and say as follows: "John Blake Fitzgerald, as Trustee of the John D. Fitzgerald Trust, and as Independent Executor of the John D.Fitzgerald Trust,Deceased("Landowner"),is the owner of that certain real estate consisting of approximately 53.82 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. 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." 4�iohnnWkke era ee of the John D. d Trus an Independent Executor of the Estate of John D.Fitzgerald,Deceased THE STATE OF TEXAS rr § COUNTY OF Lb § pp This instrument was acknowledged before me on this '7-Z- day of 8 r 2023, by John Blake Fitzgerald,in his capacity as Trustee of the John D.Fitzgerald t,on behalf of said trust, and in his capacity as Independent Executor of the Estate of John D. Fitzgerald, Deceased,on behalf of said Estate. [SEAL] E���,�YP STEPHEN KINCAID %nS Notary Public,State of Texas Notary blic,State of Texas Comm.Expires 09-17-2024 '����� ���`� Notary ID 125727301 CERTIFICATE AS TO NO LIENS THE STATE OF TEXAS § COUNTY OF CHAMBERS § BEFORE ME, the undersigned authority, on this day personally appeared Kinney M. Fitzgerald,individually and as Trustee of the Kinney M.Fitzgerald Trust,who being by me first duly sworn,did on his oath depose and say as follows: "Kinney M. Fitzgerald, as Trustee of the Kinney M. Fitzgerald Trust, ("Landowner"), is the owner of that certain real estate consisting of approximately 53.82 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. 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" kinrre �jd yM onaiTrustee of a Kinn gerald Trust THE STATE OF TEXAS § COUNTY OF S § This instrument was acknowledged before me on this day of Z f JSJ ,2023, by Kinney M.Fitzgerald,individually,and in his capacity as Trustee of the Kfiii4 M.Fitzgerald Trust,on behalf of said Trust. [SEAL] Hannah Lori Jackson o blic, §tare of Texas �. My Comm==Expos 148591371