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CC Resolution No. 2393RESOLUTION NO. 2393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A CONDITIONAL CONSENT TO THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528, CONSISTING OF 169.4498 ACRES WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN, BEING OUT OF THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT 65, HARRIS COUNTY, TEXAS, AND LOCATED IN THE TRI -CITY BEACH ROAD AREA ON PORTIONS OF ASHBEL SMITH TRACTS; AND GRANTING A CONDITIONAL CONSENT TO THE INCLUSION OF 327.3214 ACRES OUT OF THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, no land within the corporate limits of a city may be included in a municipal utility district unless the governing body of the municipality gives its written consent in accordance with 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 creation of Harris County Municipal Utility District No. 528, hereinafter referred to as the "District," consisting of 169.4498 acres located in the corporate limits of the City and more particularly described in Exhibit "A "; and WHEREAS, the City has also received requests, which are attached hereto as Exhibits `B," "C," and "D" and incorporated herein for all intents and purposes, for its written consent to the annexation by Harris County Municipal Utility District No. 459, hereinafter referred to as the "District," of 327.3214 acres of land located within the corporate limits of the City and more specifically described in Exhibits "B," "C," and "D"; and WHEREAS, the City Council of the City is in support of the creation of the District and the proposed annexation of the 327.3214 acres described in Exhibits `B," "C," and "D" by the District and herein gives its written consent to both the creation of the District and the inclusion of the 327.3214 acres in the territory of the District subject to the terms and conditions stated herein; and WHEREAS, the District, which 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, consisting of 169.4498 acres described in Exhibit "A," and for the District's annexation of the 327.3214 acres described in Exhibits "B," "C," and "D" has agreed, and by the acceptance of the benefits of this resolution, does hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby finds that the proposed creation of Harris County Municipal Utility District No. 528 as described in Exhibit "A" and the annexation of an additional 327.3214 acres described in Exhibits `B," "C," and "D" into the Harris County Municipal Utility District No. 528 (the "District "): a. will be an economically feasible and sound development benefiting the city; b. will not adversely affect the existing City water, sewer and storm facilities or other City utilities or City functions; and C. will not increase the City's taxes or utility rates or adversely impact the City's financing or bond rating; only if 209.8083 acres, as more particularly described in Exhibit "D" is acquired by Texas Capital Corporation, Inc., on or before March 31, 2016 (the "Conveyance "). The City Council finds that all of the conditions imposed herein and by Article VII of Chapter 98 of the Code of Ordinances, Baytown, Texas, have been agreed to by the appropriate developers and landowners of the territory within the District. Section 2: That upon the terms and conditions specified in (i) Article VII of Chapter 98 of the Code of Ordinances, Baytown, Texas, which is incorporated herein by this reference for all intents and purposes, (ii) the Utilities Functions and Services Allocation Agreement, and (iii) this resolution, the City hereby grants its consent to the creation of Harris County Municipal Utility District No. 528 as more particularly described in Exhibit "A" and to the annexation of the 327.3214 acres described in Exhibits "B," "C," and "D" pursuant to the provisions of Section 54.016 of the Texas Water Code; provided that the Conveyance occurs on or before March 31, 2016. Should the Conveyance not occur by such date, the City withdraws any consent it has given pursuant to this resolution. It is expressly understood that the Conveyance occurring on or before March 31, 2016, is a condition precedent to the City's consent and absent such Conveyance, this resolution shall be null and void. The land within the limits of the District is situated within the corporate limits of the City and is more particularly described in Exhibits "A," "B," "C," and "D" which are attached hereto and made a part hereof for all intents and purposes. Section 3: This resolution shall take effect after its passage by the City Council of the City of Baytown only if the Conveyance occurs prior to March 31, 2016; bsent the Conveyance occurring by such date, this resolution shall be null and void. / INTRODUCED, READ and PASSED, by the affirmative ,,te of the City Council of the City of Baytown this the 280' day of January, 2016. �/ ATT T: L TICIA BRYSCH, Ci erk APPROVED AS TO FORM: I NACIO RAMIREZ, SR., Ci o ey V � t N f g lc 0 F t� DONCARLOS, RAKarenTilei • %City Council\Resolutions\2016Vanuary 28\H arrisCountyMUD528Creation &Annexation.doc 2 Exhibit "A" PETITION FOR CONSENT TO CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 THE STATE OF TEXAS § COUNTY OF HARRIS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN: The undersigned, hereinafter called "Petitioner" whether one or more, being the holders of title to a majority in value of the lands hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Hams County, Texas, acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, as amended, respectfully petition this Honorable Council for the inclusion of land in a municipal utility district. In support of this petition for consent to include said lands within the District, Petitioner respectfully shows as follows: I. Harris County Municipal Utility District No. 528 (the "District ") was created pursuant to House Bill 886, 82 "d Texas Legislature of the State of Texas, Regular Session, (the "Act ") codified at Chapter 8318, Texas Special Local Laws Code, effective September 1, 2011 (the "District Legislation ") under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, and Chapters 49 and 54 of the Texas Water Code, as amended. II. The City of Baytown supported the creation of the District containing 237.2845 acres through Resolution No. 2119 adopted by the City on February 10, 2011. Subsequent to its creation and pursuant to an Oder Excluding Land and Redefining Boundaries dated September 11, 2014, the District excluded approximately 27.8347 acres, and by an Order Excluding Land 012505.000001 \4839 - 7420- 5737.v I and Redefining Boundaries dated February 9, 2015, whereby the District excluded 40.0 acres, the District is now comprised of approximately 169.4498 acres of land, and lies wholly within Harris County, Texas.. All of said area is within the corporate limits of the City of Baytown and is not within the corporate limits or extraterritorial jurisdiction of any other city. Petitioner hereby certifies that there are no holders of liens against the land to be included in the District. No one currently resides within the District M. The land currently sought to be included within the area of the District is described by metes and bounds in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. IMA The purposes of and the general nature of the work proposed to be done by the District 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 uses, domestic uses and commercial purposes; 2. collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; 3. gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; 4. design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads, or improvements in aid of those roads; and 5. to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law. 012505.000001 \4839- 7420- 5737.v1 V. There is a necessity for the improvements above described for the following reasons: The area of the District is within the growing environs of the City of Baytown, and is in close proximity to populous and developed sections of Harris County. The District's area will within the immediate future, experience a substantial and sustained residential and commercial growth. Said area is not supplied with adequate water and sanitary sewer facilities and services, with adequate drainage facilities, road facilities or park and recreational facilities. The health and welfare of the future inhabitants of the area and of territories adjacent thereto require the acquisition and installation of an adequate water supply system, sanitary sewer collection and disposal system, drainage system, roadway system and park and recreational facilities for and within the area of the District. A public necessity exists for the organization of such District to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer facilities, drainage facilities, road facilities and park and recreational facilities in order to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. It is now estimated by those filing this petition, from such information as they have at this time, that the ultimate cost of the development contemplated will be approximately $30,000,000.00. 012505.00000114839 - 7420- 5737.v I VII. WHEREFORE, the undersigned respectfully pray that this petition be granted in all respects and that the City of Baytown, Texas, give its written consent to the inclusion of the aforesaid land in said District. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 012505.000001 \4839- 7420- 5737.v1 effective the da of , 2015. RESPECTFULLY SUBMITTED to be e � y __.. "PETITIONER" Graham Mortgage Corporation By: Vice President 012505.000001 \4839- 7420- 5737.v 1 STATE OF TEXAS) COUNTY Of HARRIS) HC MUD NO. 529 - TRACT 1) FIELD NOTES of a 28.5456 acre tract of land situated in the William Scott Lower u league, Abstract No. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B. W. Armstrong, at al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 28.5456 acre tract of land is more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998389. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a %: inch iron rod, with cap, set at the intersection of the Northwest right - of -way line of State Highway No. 146 (200 feet wide right-of-way) with the East right - of -way of the Missouri Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by Ashbel Smith Land Company to Missouri Pacific Railroad Company by Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 of the Deed Records of Harris County, Texas). Said point being the Southwest comer and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N= 13,831,254.86 and E= 3,248,223.73. THENCE: North 24° 15'03" West along the Southernmost West line of this tract and the East right-of-way line of said Missouri Pacific Railroad for a distance of 540.66 feet to a '/, inch iron, with cap, set for the BEGINNING POINT of a curve to the right, concave Easterly. THENCE: Along and around said curve to the right, in a Northwesterly direction, along the Southernmost West line of this tract and the East right -of -way line of said Missouri Pacific Railroad, said curve having a central angle of 06 °37'49 ", a radius of 1065.93 feet, and a chord bearing and distance of North 20 056107" West 123.28 feet, for an arc length of 123.35 feet to a fence comer post found for an interior comer of this tract and an exterior corner of said Missouri Pacific Railroad. THENCE: South 71027'32" West along the Westernmost South line of this tract and an exterior line of said Missouri Pacific Railroad for a distance of 30.00 feet to a fence comer post found for an exterior corner of this tract and an interior corner of said Missouri Pacifle Railroad; said point being the BEGINNING POINT of a curve to the right, concave Eastetly. EXHIBIT PAGE 2 — 28.5456 ACRES, TRACT 1 THENCE: Along and around said curve to the right, in a Northerly direction, along the Northernmost West line of this tract and the East right -of -way line of said Missouri Pacific Railroad, said curve having a central angle of 17 °22'22 ", a radius of I095.93 feet, and a chord bearing of North 08 057'32" West 331.03 feet, for an arc length of 3J2.30 feet to a' /: inch iron rod, with cap, set for the TERMINATION POINT of said curve. THENCE: North 00 °22'43" West along the Northernmost West line of this tract and the East right -of -way line of said Missouri Pacific Railroad for a distance of 164.82 feet to a fence corner post found at the intersection of said line with the South right -of -way line of Alexander Drive (120 feet wide right -of -way) for the Northwest corner of this tract. THENCE: South 88 136'31" East along the South right -of -way line of South Alexander Drive and the North line of this tract for a distance of 742.80 feet to a concrete right -of- way monument found for an angle point in said line. THENCE: South 88 °51'51." East along the South right -of -way line of South Alexander Drive and the North line of this tract fora distance of 648.31 feet to a concrete right -of- way monument found for the BEGINNING POINT of a curve to the right, concave Southerly. THENCE: Along and around: said curve to the right, along the North line of this tract and the South right -of -way line of said South Alexander Drive, in an Easterly direction, said curve having a central angle of 07023'2T, a radius of 2804.76 feet, and a chord bearing and distance of South 84050'16" East 361.55 feet, for an arc length of 361.80 feet to a' /2 inch iron rod, with cap, set for the Northeast corner of this tract at the intersection of the South right -of -way line of South Alexander Drive with a West right -of -way line of State Highway No. 146. THENCE: South 18°20'49" East along the East line of this tract and a West right -of -way line of said State Highway No. 146, for a distance of 156.45 feet to a %Z inch iron rod, with cap, set for the Southeast corner of this tract and an interior comer of said State Highway Nb. 146 right -of -way. Said point being in a curve to the right, concave Northerly. THENCE: Along and around said curve to the right, in a Westerly direction, along the South line of this tract and the North right -of -way line of said State Highway No. 146, said curve having a central angle of 07 °12'01 ", a chord bearing and distance of South 48 °00'47" West 476.69 feet, for an arc length of 477:00 feet to a'' /x inch iron rod, with cap, set for the TERMINATION POINT of said curve. THENCE: South 59 °19'20" West along the South line of this tract and the North right - of -way line of said State Highway No. 146 for a distance of 478.02 feet to a %x inch iron rod, with cap, set for an angle point in said line. PAGE 3 — 28.5456 ACRES, TRACT 1, THENCE: South 65 °20' 11" West along the South line of this tract and the North right - of -way line of said State Highway No. I46 for a distance of 756.46 feet to the PLACE OF BEGRiNING and containing within these boundaries 28.5456 acres of land. SURVEYOR'S CERTIFICATE I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, during April and May of 2005 and that all lines, boundaries and landmarks are accurately described therein. Wn NESS my hand and seal at Baytown, Texas, this the 9'h,day of May, A. D., 2005. l�'Y11L J ene Ramsey Registered Professional Land Surveyor No. 4379 o�arg 14- 447.28.5456ac.Tractl.fdn.doc C* e•`�'�� °o�� Hutchison & Associates, Inc. " j' ' ............... 1209 Decker Drive, Suite 100 „�tsY Baytown, TX 77520 "f'” X90 437%W_ 4 �L �sato 0 Engineering Firm #F -267 61l)pV�y Surveying Firm #100293 -00 STATE OF TEXAS) COUNTY OF HARRIS) HC MUD NO. 528 - TRACT 2) FIELD NOTES of a 180.9042 acre tract of land (net acreage of 140.9042 acres) situated in the William Scott Lower league, Abstract No, 65, Harris County, Texas, and being out of and a part D of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B. W. Armstrong, ct al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 180.9042 acre tract of land is more particularly described -by metes and bounds as follows, to -wit: NOTE; ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83, ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998389. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 2 inch iron pipe for the Northeast corner of a 1.5116 acre tract of land called Tract 2 conveyed to Jack A. I loward, et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and recorded at County Clerk's Me No. F530458 of the Official Public Records of Real Property of Harris County, 'Texas, and in the South right -of -way line o1'State Highway No. 146, 200 foot wide right -of -way. Said COMMENCING POINT has a State Plane Coordinate Value of N= 13,830,522.01 and Ea3,247,084.46. UIENCE: South 16 107'47" West along the East line of said 1.5116 acres for a distance of 677.44 feet to a 2 -1/2 inch metal post for the Northwest corner and POINT OF BEGINNING of this tract. THENCE: South 89115151 11 East along the North line of this tract for a distance of 1329.80 feet to a point for the Northeast corner of this tract. THENCE: South 00 °44'09" West along the East line of this tract for a distanco of 2982.46 feet to a point for an angle point in said East line. THENCE: South 19 020100" West along the East line of this tract for a distance of 1000.68 feet to a point for an angle point in said East line. THENCE: South 31008'04" West along the East line of this tract for a distance of 908.34 feet to a point in the North right -of -way line of Evergreen Road (60 feet wide right-of-way) for the Southeast corner of this tract. 'l'HENCE: North 58 051'56" West along the Easternmost South line of this tract and the North right-of- -way line of Evergreen Road for a distance of 409.49 feet to a %: inch iron rod, with cap, for the BEGINNING POINT of a curve to the right, concave Northeast. THENCE: Along and around said curve, in a Northwesterly direction, with the Easternmost South line of this tract of land and the Northeast right -of -way line of Evergreen Road, said curve having a central angle of 15 °59'48 ", a radius of 789,20 feet, and a chord bearing and distance of North 50 050'40" West 219.63 feet, for an arc length of 220.34 feet to a % inch iron rod for the TERMINATION POINT of said curve, 'THENCE: North 42°52'l6" West along the Easternmost South line of this tract of land and the Northeast right -of -way line of Evergreen Road for a distance of 685.33 feet to a %z inch iron rod for the BEGINNING POINT of a curve to the left, concave Southwest. THENCE: Along and around said curve to the left, in a Northerly direction, with the Easternmost South lime of this tract of land and the Northeast right -of -way line of Evergreen Road, said curve having a central angle of 03 °08'33 ", a radius of 6814.28 feet, and a chord bearing and distance of North 44 °27'42" West 373.68 feet, for an are length of 373.73 feet, to a Y2 inch iron rod for the TERMINATION POINT of said curve. THENCE: North 46 °00158" West along the Easternmost South line of this tract of land and the Northeast right -of -way line of Evergreen Road for a distance of 531.26 feet to a %: inch iron rod, with cap, for the Southernmost Southwest corner of this tract of land and the Southeast comer of an 80 acre tract of land conveyed to Bill W. Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and recorded under County Clerk's File No. S210455 of the Official Public Records of Real Property of Harris County, Texas. THENCE: North 509612" East along the Southernmost West line of this tract of land and the East line of said 80 acre tract of land, and at 2.37 feet pass a 4 inch pipe fence corner post, continuing along said line and R barb wire fence a total distance of 536.04 feet to a 2 inch iron pipe for an interior corner of this tract of land and an angle corner of said 80 acre tract of land. THENCE: North 54 °45' 13" West along the Westernmost South line of this tract and an exterior line of said 80 acre tract, and along a barb wuro fence, for a distance of 293.16 feet to a'' /Y inch iron rod, with cap, for the Westernmost Southwest corner of this tract. THENCE! In a Northerly direction along the Northernmost West line of this tract of land and the East line of said 80 acre tract of land, and a barb wire fence line the following courses and distances: North 16 °15'01" East for a distance of 1171.99 feet to a 2 inch iron pipe; North 43°11'] 7" East for a distance of 341.17 feet to a 2 inch Iron pipe; North 18 000'45" East for a distance of 481.29 feet to a'' /a inch Iron rod, with cap; North 15 05925" Fast for a distance of 927.59 feet to the PLACE OF BEGINNING and containing within these boundaries 180,9042 acres of land. SAVE AND EXCEPT, the following tract: Being 40.0 acres in the William Scott Lower League, A -65, Harris County, Texas and being out of a called 35.2543 acre tract described as Tract One and a called 145,0439 acre tract described as Tract Two in that certain Trustee's Deed (By Substitute Trustee) dated May 05, 2009 from Chris Norris, Substitute Trustee to Graham Mortgage Corporation as recorded under Harris County Clerk's File No. 20090189189; said 40.0 acres being more particularly described as follows; BEGINNING at a 4 inch iron pipe found on the northeast right -of -way line of Evergreen Road, 60 feet wide, for a south corner of a called 80 acre tract described in that certain Warranty Deed dated October 22, 1996 from Alvie Wright Nance to Bill W. Nance as recorded under Harris County Clerk's File No. 5210455 and the west corner of said called 35.2543 acre tract; said iron pipe having a Texas Plane Coordinate of X= 3,277,357.1 and Y= 703,195.0, South Central Zone (NAD 27); TIENCE, N 50 °39'21" E, along a common line between said called 80 acre tract and said called 35.2543 acre tract, a distance of 535.21 feet to a 2 inch iron pipe found on the southwest line of said called 145,0439 acre tract for the north corner of said called 35.2543 acre tract and an east corner of said called 80 acre tract; THENCE, N 54 025'55" W, along the common line between said called 145.0439 acre tract and said called 80 acre tract, a distance of 293.61 feet to a 2 inch iron pipe found for an inner corner of said called 80 acre tract and a west corner of said called 145.0439 acre tract; THENCE, N 16 °11'08" E, along the common line between said called 80 acre tract and said called 145.0439 acre tract, a distance of 850.00 feet to a 5/8 inch iron rod with a yellow plastic cap set on said common line; THENCE, S 74 °31'22" E, across said called 145.0439 acre tract, a distance of 1 t72.73 feet to it 5/8 inch iron rod with a yellow plastic cap set for corner; THENCE, S 22 920'32" W, across said called 145.0439 acre tract and said called 35.2543 acre tract, a distance of 1962,26 feet to a 5/8 inch iron rod with a yellow plastic cap set on the northeast right -of -way line of said Evergreen Road; THENCE, N 43 °04'24" W, along said northeast right -of -way line, a distance of 224.66 feet to a 1/2 inch iron rod found for the beginning of a nor- tangent curve to the left; 'I7IENCH, Northwesterly, continuing along said northeast right -of -way line along said curse with a central angle of 03 008'42 ", a radius of 6814.28 feet, a chord which bears N 44 °25'33" W, a distance of 373.98 feet, for an arc distance of 374.03 feet to a 1/2 inch iron rod found for the and of said curve; THENCE, N 45 °49'15" W, continuing along said northeast right -of -way line, a distance of 531.35 feet to the POINT Or BEGINNING and containing 40.0 acres. 4 INIIG ACCOTD04 TD PREUNINAAr rL= DISIpiANCi pllf� tla �YESIC6TSSL AND IPYAICAUM., WIT DAM. THE SNBJCCT 1MR. OD► k+ A1DVN NEACCa� SCALE: 1 ° =1500' ANC flruhno W Imc At IDAN!f $mom1 st3w A Sm.1".'m N va, AAREAA TUDJCCr TD POWTIWI DY TW a AW4V. GWICC prLWD EMT VIIN tlf QtX �SAIhU�t TpI4iCC rL ARCAS NIX It d ppp A7 AV CS" r LC ;S TNAM 1 �T OA VITA WAC{ ApGf LL:S MAN 1 NA.0 AND mt"3 MiQttCTCD pr LLK ,rS raw * CNANCS rLCUOI AND m X N"AMID Di11Ai AN Hu L[fLiBNlACD TO DUISOK THE 40 ANNUAL OIANCC nMof1KA11NN, AS SCSLDNATCD IA'iS{Di REFYRENCE IS MADE TO MM A140 HOUNDS OESCRIP00N OF EVEN OAtE l"LLLW SCOTT LOWER LEAGUE ACCOMPANWNO THIS PLAT, -M- A -86 28,5456 ACRES (TRACT 1) & 140.9042 ACRES (TRACT 2) COMPRISING HARRIS COUNTY MUNICIPAL DISTRICT NO, 528 MA- RUTCHISON & ASSOCIATES SCALEf JOB NO.i 14 -4427 ENGINEERING FIRM NF -267 a SURVEYING FIRM 9100293 -00 1 1500 9RVN- NAMEIHCMUD582.1 1209 DECKER DRIVE, BAYTOWN, TEXAS DRAWN BYI CHECKED HYI 281/422 -13213 e.Ia Exhibit "B" PFTfTION FOR CONSl -:u l I0 AN\FX I —AND Il',Il0 ]- IARRIS CO1JN*ry mt,,Ni( "IPAt. L�-gLiry UIS 11t1t_- I ; f1. 528 I IL- S t A°IZ OF TFXAS ('t7l'Nl °Y OF HARRIS 1 -0 111E HONOR.ARI F, MAYOR AND CITY (- 01,fNf lL OF I III. CITY 01- 13AY COWN TEXAS. the Wix1cmigned, I..ONF STAR 5000 CORPORA [ ION- a 1 cxa4 corporation (Elie "F'mperty Ow er" I, rl'spceitfully petitions the 't: ity uF IiaYtowm. rvx is for its mism Io flu- addition or kind to Ffgrti$ Count) ibluniCIP31 Utility District \o. 528 (the "Disirtct "I In support of this Pcotton, the Prcaperty O] k ter would show the Following, Floe land so ught to fie - mcIded to the District (lie "Tract") is described by mcies and bounds in F.Xhihit "-k ". U11.1.001103 111CIvo and makic: a pam hercol -Fuc all purposcs. Me 1'ract lies wholly widiin Haim County, Texas. The Traci lies t+iiinlly w]-ihin. the corporate boundaries of the City of Baytown, Te."s as such tcmi is determined pursuant to Chapier 41 WLC',A. Local Gov-erameltt Code, and is runt within th$ boundriries. of any other inctiTTK:maLed city or town. Property tiwoer is the holder of Eitle to the Tract as srtcpwri by the Harris County Tax ReAIs and conveymiecs of icc:or i. There are rm) Iiens on the Tract, Iv- 17ie District wa4 orean:ized and cremimi pursuant to E OLUC Rill 886. 82" Texas LegisIatture of the State of Texas, Regular Se lion, (the "Act ") codilaed at Chapter 83 1 X, fcx,is pccial U)cal ],nws, Cody, efrec me ~. Septernher 1, NI I (the "District Legi- 1 fit ion ") under the Corms and provisions of Article XV1, Section 59 of the Constitutions of Teas, and Chapters all and 54 of the Pexa_ti eater Code, as amanded. Inic Di -mrict iti organized FOr ihC F+urpoN&N Found in Chapter 54, Texas Witter CcKle, as amended, to provide foc r, I,1 the control, storage, prescraation, and distri!tmition of its sturrtit water and floodtv.airr, the w•;rtcr OFits rivers and sttemns Cor arn.g #ztion. power and all other us4fut pu.rpose.s: 42l the rcc:lumetian and irrigation Gf its arid, semiarid, rutd ether land needsng irrigation: �:� i �Sil ;.vr3L "CHp 141,fE -4 i- 73 ?8 -41r�7 , i I,3y lhc reclamation and drainage at its ave'rflowed land and other land needing dra:i naagc; ;4) the comservation and &vel-opment of its f6rests, Nvulea. and hydra electric. jX),ver; (5) t4c rnavigntion of its lnlatnxl and coati d 4vater; {5} the control, alra:tenlcrlt. and change cif any shoi -mg or harmful execs of watea; (7) the prolev° ion, preservation, and resivirmlion of the purity and sanitary condition of miler wit11i11 the state. and (M) the pres;orvalton of all naturf:tl rtsourms of the state. I be IDi }►rict is calllx,w=4 and authorized to purChmw, construct, acquire, own. opemate, maintain. repair, Improvc, OT extend irlside .md mas•idt its br;►undaries 191 }' and all wurks.. in.1provemcnis, facilities. Plants. equipment, and applianms nccessar;y im, 4tccnmplis1l the Vtn1P4sC5 of iLi cmitiort. 19 The gerie nai naturc of the work to be.a one by and wits In the '1 race at the present time is th4 constructiort, maintenance and operatiarn of a waic -works sy'stan1 for dcarneslie and commemin.l purptl<ses; the constructirm, maimenancc and oplrt;.t'ton oft :Sanitur seti r collection sYxtmv and sc%aage d1isposa1 plant: ills conwol, abaternem and Fatnen+3mva of the harmful excess of waters, and the reclasnatilon and drainage ul'overtlowcd lands within the lands to be inclmledl ti,vit'Kn the Dianct, and the ci�rtstrudion,. installf:nion. nanialtenlance, purchirse and operfation of such additional fkilit es, systems, Ol ant_ti and enterprises as shall he consonant with the purposes for which the Dis -mci is organized. V1. There is a riecessity for slat Improvements above dcscrilvd because the Tract arc located ;%itElin wi i ivi that i5 exNricnemg 5ubsuinlial and susmimed resislerltial and Co m ei-ciral gromlth. IS Urban in nature 111d is not stgypli d with :adequate ~viler, �ian;itruA- sewer and draiteape 11acilitics and services. The hrfulth and welfare of the future irihabitanls of the -Crisis rcquin: tine acquisition and inst►fllation of an radcquaie wateri rwks. sanimjv .sewer and 4ti?rnt drainage systern. The: puttltase, consiructiorn, extension, 'improvement, maintenancc and operation oI'such %vaierwvorks sys1cm and storm and ytmi.tlry Sewer collection and disposal .systems will Conserve and pretserve the r atiml t'c5cmmes of this State by pmrnfitinv, and pmtecti ng the purl y and 3t111itary condition of the State's waters and will profltl:Aw and prutec.t the public hLahli tuid wc1faarc of the community; thcrefore, a public nexcs5ily exiAs. for the inclusion of Ole "Trues within the Districi. a" ImA.I:1I:400! I W SA 1. 138 - 90Q7 % 1 till Said pruFused intprovemm7195 arc practicuble and fcasiblc, in that the lcrrairt of div 7 Tnc:t is of sucli a nalLIre that a lkpater-%%urlks system and 5unit and Storm scxver systems uan he cvnskrucled at a reasonable east~ and said land will be rapidly developed ror e.onimercial, multi - Emily and'or wsidemial purposes. Vill, .A preliminary investil tition has boon instauLed 10 det Mine the cost or the prc jest utinbutable to the Tract. and it is now estircnated by those filing this Peutinn, fix,m such irtfitrmanon. as they husk at this time, that the uldtnnic Iasi of the development contemplated Hill be approximately 54,500.000 WHIFRFFOR)_, the undetsiigned resp.ctFu ly pray that this Petition be gtnird in all resp,ms. and 1Jt31 the City Council of the City oJ* Baytown. Texas, adapt a rc,%ulution giving tis tx'>i iun consent tip the addition of the I-mcl.s to the Disirict. ITIAL RREMAINDER OF THIS PAGE v?rhNTt0NALLlf 1. f-T BLANK] lit25ll5.(IIKHXI I'4844_; 4- 18 -CAPY7 % I [IF'3PFCT1 -ULLY SUBMIT-ITT)T11S 'PROPP.RI-Y OWNLR' LI)Nr- STAR 5D(X) CORPORA') 10N. Lk L_ 'I'eXq S COT r tin Title: ME fiTATF OF TEXAS § COUNTY OF § , This, instrument was uckno%% ledged bc rory ane on this I t* day u r U (AT' - I;LQ "- , 2715. b-N rkw'tlk� . y of LONL STAR 5000 601+U-01ZATION. a lexas corporation, on twhai r of said corporation. -Vt "qhu'ri Rhea Iar*s Notarl PL!'C MIATE OF TEXAS M 'artt - �t. ji6iWnLx;7rfl'3 M 2-11"s (00.1 1,4841-733SAM.W7 v I 4 a L" / - - =��brlc in �d F4 die Suatc of Teri Namc.printed or typed STATE Oi: TEXAS) COUNTY OF HARRIS) M AC'T 7) MELD DOTES of a 27.83147 acre Witt of Iand' otui=d in the Wil Lint Soot: Lower xayue, Abstract No. b5. Harris County, Texas, and bc»g out of or,.d a Para of s 154 l acre tram of ]mid conveyed io Ashbel SinAll Land Company b)r B. W AmulTo119, et al, b) nod dated No--- crober 29, 1935, atttl recordcd in Volume 996 at Page 379 of the Deed Rarrrds or Harris county, Tcxas. ` his 27.8347 acre trecl of land is more parUcularl� dwcrthad by mater, and l *unds as .allows, to -wit NOT It AU, 137*A1tINGS MW LAMBERT G:RJD 5FARiNGS AND ALL C00PLDINATES l+ P ER TO THE TEXAS STATE PLANE COORDINATE SYS-TF -M SOLF111 CENTRkLZONE [SAD 83, AU. Di$TAINCES ARE- AC'MAI_ DIST'ANCrS. SCAT- -E FACTOR — 0.9.998399_ REFERENCE 1,S MADE TO 711E PLAT OF FVFN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION BEG04NING at a ouncrebr righi -oF- -way monlarlcnt found ai the intersection of the Noah rigbi -of way lime of Spar 55 (dght -of way width varies) and the; Eut ny'hdt -of -way line of Stan: Highway 146 (h&-of-way width varies). Said point being Westerrnrosl Southwest comer and POINT OF BEGINNING of this tract. mid having a State Pla nc Coordinate Value of N=13_832.328,10 and E- 3,250.340.20. Said point being ire n curve to the left, cemmve Westerly. THENCE: Along anti around said curve to the left, in a Northerly titrcction, along the Nest lone otthis tract .-,alit the East nght- at -way line ofsaid S%tc Highway No. 146, said curie having a central angle of 15'57"18", a radius of 1629,82 feet, and a chord bearing, and distance of Nonh 3'O0618 ".East 452.39 feet, for an arc len,g1h of 453.55 feet to ra concrctc right -of -way mcmumanl found fay the TERMINATION POINT of said curve THENCE: Neartll 10004'20" East along the West. line of dLiS WKI, and the F-L-A nghrt -ot- way line of said State 'Highway NQ. 146, for. it diatanoe of 97.12 fccx to a/2 inch iron rod, W11h ,cap, set for the '_Northwest wmcr of this truc:t and the :Soutfiw st ccpmur of iImi certain 33.00 acre tract. of laird cnuvcycd by A5hbel Sniitih Man4,r.rncrt. C'ornpony, et al, to Goose Creek Cousolidat.ed 1ndc;perWc=. School District by Deed dated June 5, 1991 and recorded under County Cit:-W.9 File No_ N174232 of the Off Dial Public Records of RP tl Property of iLy& County, Tcxas. THENCE- South 73'1116" Cast along, the North line of this treat and the South line of said 33.00 acre tract for a distance of 1 795,57 feet to a "I inch imn rod, with tap, set in die Wcst right -of -way line off n-01 Beach Road (80 feet -,wide Fight•o# -u -y) for the Southeast corner ref said 33.00 azirs and the Noribcast cam. er of Lhis Wo 1. PAGE-2 27 $3.47 ACR.ES, TRACT 7 TEII°NCF: South 08'04'3.9" Past along Lite Northctmrna_St Fast line rif this tract and the R''est right-of-way tine of said Tri- Citics Beach Faad for a distance or" 57 2.67 feci to u ° z inch iron md, with, Gala, bet for ft Basurrimost Southeast car= of this tract at the inIcTsection of the %Alcst right =cf -way lime of Tn- Cities Beach Road with the North nght or -w•ay Brie of said Spur 55. TF E=NCT: South 49 °20`Of "best a]onF tt�L Sauthenkm-nal Fast Line oCthis treci ;and i:he North tight-of-way this orsrdd Spur 55 for a distance of 104.30 feet tU h inch iron root, with cap, set for the Southemmosi Southeast corner of this tract and an angle point in the doTth nght -cif way line of said Spur 55 THENCE. North 73 °15'09" W cst.Along the .south Ime oCthis tract said the ?North right of -way line Hof said Spur 55 for a dismr,ac of 11:916 er:i to a % inch iron rod, with cap, set for an angle paint in said line - TH 8 NC North 74010'59" 3ytzt along the S nUth line of this tract and tic `north nghi- of -wuy line of saidSpur 55 for a. diswricc of 180.52 (e4A to a'K inch iron rod, with c:.tp, set for the Southernmost Sokillnvest corner aPihis tract and an angle POEM in the Norih right-of-way line of sand Spur 55. THENCE. Forth 23 °25'09 " West along the Southernmost Wesl line of this traces and the Nwth right- of -way line of said Spur 55 for a ttlstame oF1135.34 feet to the PLACE OF BEGRV -NTING and containing witbin chese boundaries 27.5347 -cres of land SURVEYOWS CERTff -ICATE Julie= Ramsey, Registered Pmfrssional Lund Survc -ymr No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey niaft on the ground, under my supervision, during April and May of 2005 and that all tincs, boundaries and landmarks are a,cturately describ, od thcrein. w l'rNESS my hand and scat at Bayrtown, Texas. this the 9P day of May. A. D . Z005- (juiienc Ramsey 1 Registered Professional Lund Sunk) -or No. 4379 05- 26966:27.8347tc,7ract7. %ln.doc '► ` "Y 1 Cs NO I r.: tj tz 5 y.i - T-M Cv Ilea fto S, Ir P? T- Lcz r.: tj tz 5 y.i - Exhibit "C" PE I'1TION FOR C� NSEN`T TO ANNEX LA\r) INTO H ARMS COU-NTY 119INICIPAI 1'TII.ITY DI5T`RjC'I' N0. S28 1 -11E S1 WIT OF TEXAS COUNTY tel: HARRIS 'm THE HONORABLE MAYOR, SAND C.1TY COUNCIL OF'ITIE CITY OF B A'r'Yf3WN.TI-:X AS. The unrlcri-Igned, 1"1-:.:SAS C.APfi'AL DEVELOPMEN 1` C'ORPOIZrATION. INC.. a Te \,t,, coWraflort (the "1'mperty Owner"), rtspcct.fully pctitions the City 01' 13ayqown. I'cxas. for ns cren.5ent to 1he addilian of land gu Mamis C ounty Mutkipal Utility District No. 528 (tile -District'-). In support of this Petition, fet Property 0- wncr would show the f01lM%371g The land sought to lee added to the District I Lite "Tract ") is described by navies and bounds in fLxltibit "A ". attached hereto and made a part hereof for all purlruse1,. The Traci lies wholly Within Ilanis County- Texas. Chic Tract lies wh<elly % %]thin the cog)oraie hauwldartes of the City of Baytown, I.ctas as mch term li deterrtimed pursuant io Chapter 42 V.T.f .A Local. Government Code, and is not within the bounda icy of any lather inceil3orated city or town, Property Owner is the holder of title to the I ract as shown by the }lams County Tax Rally .tnti conveyances nr r=ord, There are na Iims on the Trtitet. fV I he District «as organized and crested pursuant to House Bill 886,821"d '1 cxas a- gislature (if the State of Texas, Regular 5essiun, (the "Act ") codified at Chmpter 8318, Tcxas Special Local Laws Code, effective September 1, 21711 ithc "District Legislattort ") wider the terms and provisions of A'r'ticle XVI. Section 51) of the Cmistittttiali orI exas, and C'hapler5 a() and 54 of the. Texas Wafer Cade, as witended. The District is organi7cd for the purses fecund in Chapter 54. T xas Water C*odc, as arnendcd. to provide for: J) the control. ,;torage, pirservaaion. and d;stril7ution of its storm and 1.71aud%%-ater, the water of its rivers and strearns F6r i.rriVation, pow rand and all other useful purlxr5eti; (?) the reclamation and irrigation of its urid. setni (rid. and otlicr lane( ricuding l; rigaticn. 01 r.51A.CHWAN INAR.11-711N-WO' ,I Oat the reela rna.tiun and dminagt: of its oll r lowecd land and o4her land needing drainage, (4) the conservrl-tion and dev.lopment oohs %7rests, waaier. and hydroeicmiric Power I,5 I the navigation of its inland and coastal water; (6) the cOtstai.-A, nhal :ment, and ctmn�e of aZriv short t.gc: or h,Hfrnful Lr.`iCeSS troy wa(Cr, (Ti the. protcciion. prescmption, rand r S11,031tiiuls ui'tltc purtty and .sani►ary condition of water ww•d4.hin the state; and (S) the preservation of.t.11 mitural resources t>'1' LM state. ['he District is empowered and a +attic? rind to purchase, c =ortrsarut:t, acq!aire, otivn, OPCTate, m.ai twin; rspair, impntve, or extend inside arid masidc its bounde ies anti asid all works, improve, meats, facilities. plants, erluidl+me:nt. Anil appli.nnuos nect%sary to accomplish the purposes ofit,s Creation, Vf 'l'he general nature,af the work to'bc done by and wiitl`t'ut the Tract at the present time is the constauction, maimenance zuyd Crperat'ion of a wwatcrvworks system for domestic, and commercial purposes; the consmiction, maintenance and operation ol'a satniu ry seiner collection s•Aem and ;e%vage disposal plant., the control. almtermcnt and amendment of ili . ham.irul exec-as of wt evs and the r€clantation and dm, inagc of overnowed l; nd.-s within the land; to be includc-rl within the DiSt7iet;. arid the cjns[r=[ion; ins[ttllatiott. ttmaini:cnancc, purchase and opemdon of sac:h add tional faciliCes sysiems� plants and cmerrrise� a.`r shall be con-s-nnant .60 the purpnses for which the District is organii md. VI. There is a riccc. sity for the improvemenus ,above described (>ecausc than, Traci are hicaled within an :crew Lhat is experieri int sukt6ta,ttial and sasiamcd, residenC al and cornmertiial growth. is urban in nature and is rwt suppl icd with w1cclatatc water. sanitary scurer and drainage finci l i iies and scr- vices, T'he health and -xelr; re of the Future ttth.ab lant4 of the Tracts require tl e acquisition and installation of an adequaw t.w•gtcrwworks, gmimry sewer And storns drainagm %rgcm. The purc-hase, construction. cNtcnsiun, improvement. maltitenanec anal operation of such waterworks sysuern aatd storm and sanitary sewer collmion and disposal systems will conwrvc and preserve the nattlra +l resources of this State by prom€rting anti protecting the purist and sa.nii.a q corkditicm of the- SWE&S waters wid -Mll lrmmotc and protect tic public health and wclfarc or the community; flicrc(brc. a public necessity exists tar the imerll sion of the I ra t wwliihin the District, 41121fi1, f11RfANII''.`N`41- ?.11RArrU? v 'dill, Said prgmed improvements are practicable and fea5iblc, In thm the terrain elf the Trnc, is of such a naatury that a writcnvorks sysiem and sanitary and strarrn Beaker systems earl be constructed at a reasonable cost, and said land will be r°,Vidly developed for commermal, multi - f9mily and nr residential puWses. V111. A 1]7e11E771rtLiR' L'[6Vd°ti'llgali n. his ken im tituted to determine the cost o Ihcc project zatiril�utaWe to the Tract, and it is ncmv estimated by those fling this Pctiair>n, iram such infii muuon ar, then ha vc Lit this Kime, that t.hc ullimatC cost of [he dcvc.leipmenl contemplated wit: lie allpfc115113te1r 54.5(10,000. WHEREFORE, the undersigned respectfully pmy that this I'ctttlon he gr3ntt.cl in All resrvvtti and that the City Council of the City of Baytown., `['exas, 3drpt a msuluum gi%ing, it's tMIE01 Consent to tine addition ciCthe Tracts m the District. JTIIE REMAINDER OF 1-11IS PAG)F INTENTION 4LLY LE"' BLA SIf J iii ? � rSfiixn,r� t ��akv i - 7'�;�R yi�fA7 ,r i ItESPBC''MULIA SI BMITFEDTHIS ,-� - /� .2m-s- " PRC<VPRTY ON N, ER" TIrXAS CAM I "A1 DEVELOPMENT COWIC)ltr`1I KA. CNC.. a Ccxas corporaticrn`'� 131: Nat=-, ' - w e- ell Title: TIC��IAIVOF HAAS COUN "1 -Y OF —j)C,j10- S 'a is instrument %ws ucknuwledc ;cd lvibre me can this /� da> Icy J oh r1 W P-! 1 � - VP - - -- or rEXAS CAf'ITAI DE EL�iPNII -R 1 C01U'0RA [ION. INC. a Texas l "dja'1 oration, on behalf of sold corpoaratiOlL Notary Public in and ftar dhc State of Texas IL 1rrtr2r:rr r rrPseiu a ttrr rrr{t , i *°ear x ) u -k �j cj1 vz-4 FIC A, SEAL len5 Rrwa ,gin "� Name printed or type 7 . NDI3Yy1 &E: _ STATE of TE;cS 0 12546 010Y, I VI&I 1- 733R -1X1(k .v 9 i`T!}HIDTH" "A ' 1.iT1:P,D JYC}'�1L5 a1 n b71',fi7Sq ncro imt! d IrutU rtlna;cd iu !ho ii71,l.,tM1 SlitYl'Ir l�! l'�Y1'„14 I� IrF,+1CCefi, A]tSfiRAi`T' 4110, l3, laArrl:u� c�attc.'� Tnt;nrl anJl lrrir;�, cwt elalsel a,peri ad n �} to t111Kt ad 1-1 cu.-,t►"Pi la Aahbai 5mdth Ln0,i' sslsuur by f}~i�+, �lrmatrrdut ct al, 6y Dgc1! dntad NBgctrr hor T9.194 Gull I%e* vd.ln VaLumc "o at Tnp 379 01 (uc lTcad ltptoldaaLM ,AliiiJSl�l7rinl�.'(•��. y' ��, �. ��q$ n��gCidP 7A.�dlssauro�,eil+Uudlaril d;mcHl and by maMi and 6outi4a n lhllunn„ Irwlt NOTE, ,ILI, i19:A #tFIS lid fylPt l't` (litT1 ML&)l:CAVS AND Aj.1. Ci?ClRD'NA1'1S'b R-ZF Ht TO 7'FILe T 4VMI S'T'ABY PLAJ►X COO1td TNA'I"11G IJTR `, J, 5OUTI1L'YNi:ItA.I. ZONE, MAI)Z. AltLi1MASNCP�4AtIHK JYIA,L;IFI 'A:ANCES. SCALE VAC IVIt XQIjjkE,S 0.999 7. ALS ,li+Rf4Y ai o 21u�t6 Irtm Pro fuutad pl Iho Ittl�rec�tino al tllti t; ulL ripl -yf � ]Ind o(51gta Ili rbvrti pCs 30 CNU W rVkla 6lglttaaJ•1+<ay9 GTId ilia Martlt rich at -4..Np I:yo of pho Mlno rr9 J'ticiilc Itumraa:} pur•g LTWd (160 Alai Wida Atilt- ardwna vrliml, n4 (11b Plitt). axrec belke 14A 49 a:Inn Isnd i'P'I,T"d M4 2) cyr,r.ryctl by A,ahbal Sm5111 Jatod CeUp:smar l0 6tJUCUTl C" ►'elite Jtrlllrtu►d t3Dlpnaly Her Dud demild 3alm,41iry 9, LM toll r;**rt96d in Valusw 604.11 st Htlglo 1100 ard4o Gaff "nia OCRAMUS Quory, Tgt,AL SLIII point ha1ng fhb St'II IWUt aaamcv end PONT 43F IM13ENP ING u1 Chls I!rler Gulf ttpvlltg ,n sink I'luuoCogF41WRICV MD ofI NGgMAIS13MI011.l.Sar.d9c4llr -ka 3,IF13.3g5.4R1 ' HRI' 1-24 Nurlh 6d, dt6Tars 43 s111VA n U5 SW41t9?.0 I rIIGM.ilia ii+oct flits u1 tiffs tract Ir4flio houtllanat 00114 - of -itay lino 01,11414 SIA4 llkz1s Aq No. 1.46 iur a Chinme cd lld®,l(I tout 4n a mrarcla ligh1-01- rally u;,cnuanont i=04 * Rn.nn {s'pslat Iuasid fierl I°llE f l � "y,: I�onit G'! d%W&l pt adurrlw 37 aocaM&X - -1aE albla; lha y t not of this[ Crial anA It.IOC*oailtmel rifth{a•B"ld' Hurts olnaid.91nie'WLr "#Y Pda. 146 tar II dErituvo q(ML, l: i'eCt t:a A eonrrah rl�itt�af -a►ny nla�rumrat Lwnd, t`q Yf}�Ch`f�7P10 N`fJll�'i' of a �trrp to tie IIA tos°sw Nort7lrCrinft!/°, '111MI Tt A)gnR aGl]. settiud *bill curylt k, tlw.tOAl,.hl.alXr,r llraanhac d3rarr u, Alt ®� Itut+- WL4L king of 41111 tMO! and II`8'utall6'Jn14 rkb+rt- MY !,lue of mM ;Clam Tnuisiltslr ftt4, i 04 spill crir V ltArfnq ntantoal au#& :irT,3 @"c4.Ji0,lQj9nanal zZ41naurfi,a r lul &1`16211,81 it ttatrld n ehllrvl han:ilsf mad ithowc 9rHore,5a Illutvtsw tmhwtwl.591laettds }Peat 430.34 roll 1`4r on Am 11111144 OC433.60 fear ,, a % ineb 1rem mdt tdLh tnpt gal Car 4110 7'Ivmr,iPlATIOlrt 114JIN'T't3TA4111 cares Bt lbehVIanrctluu nT 17ra 6uaf31eas: ripl�t- uFMrny III o os5eateAlplra.ay MQ 146 ello-s INC Sun4'h rlpbf- uPwuy III, a artpnr M (dgll l-rd iiy W14 rapft4 -90111 TrohaP Wig 440 Na►thllvatt b Ql:4L- at (jib lr&nl i47IL*(Crt Ndrl h Yip ilaRrM Afl, *Coady &W al'"It 460.4ur;ll inn G1fIu3 lrycr Bud till Sau411.Mr 31, Uj; a.V ling Id kulrl l}1, a 55, for n dbinxte at201 _%s loci to a% Lath Irar. rod's With wpi. Asl fir no ongk jedtvi lie mbj line{ TICK NLZU Sr,'dlll 73 dater -aa 1`!P wduutai d?i rvsln�la elct Bltmf, MI R*rli ling of Ibis ITu1 rrsdl 111r Sarah r19j14<01-nny pst of add Mar _1VN h1e x d4I uraa ff )M4792 fmi (4 A Sea Inch "it Vsic 11,1111 anp, sed lbe u:n mtllta pglnt ED acid qua ITJ)iCLt -iumlh 11 dtrrory 13 mluuluc 0 amid Tiaat 11:long tho Mgttth Pica g1 tblc Ina, and IM Svulip rlxhr Br -Wisy lln4 orauW 3'p+ar 35, for p thine r4 00111.811 !calf In u % 11`; 1,b I1mti rank with onll, w1 fgr na nngig lxbli 91: curt( lln" Tltl:lti OVI tk tith GU "GIFMa"'I" tlitta 54 ensaeltt PJ1rs1 ulalrsl`tb. NDrVh Itst of INN trnel and rho iMI6 righ4- 1-+1107 Ilsm OWli l3ptM 39,, fir a tiirtnnsg of 16116 fwt 40 g % lAch :rat troll, vAltt, tup,,,acy,aI CIIO iuterseyllurt p�,4,RW•tilw vrlttr rJle iYcst r1z3d -oS 1111A. nt Tr {.. (1140 I:IatL I ?yu,.'I (MI fast "lda s1l*,Lt•uC =M,% for 1bo lerr(belpli e1, rprr ar dhls train T7J14V4'Itt Aga {h ic4 degrn r�lu,wlna 99 teeour9a Qncr olon 11111 tart Eno of 11111 iwltr Lin ;haWeet rI#t- *r-wny lint iRfolef r.3- lOcs 11eneb RaDil har a dirAnTita of 7FTm fps 1u a'P.lnob Iron cud, *+rata enlr, Ent a'. the talm,mrjW at arr+id ling wish Clti North rlth"f -way Him arcA l Mlvicurl Vmttla AnUritad dght al •w CUM face whk riqla-UP-7nq ail thlo petark %ctl•Iogmrthcad s1;rWar0ff`•It Man TiMIiM TEwt% 87 (IcCiou SO tl'lhtu toe U ectaade Weil Kkq Cho Banta floy of tim l"'t aml the Klorih rf0I4r - -mly Oita a<foId MI aourd P*dfIo L&rnas3l fv-a d, 14IWn49, bf31KSd fact to a catec -r ti poet Atmd for ftte aitfu tarnor ur iaid Warrara' r'W[U Rallra.d aowd nn 0XICAlar corner of MU L"ol TECBLv M Numb 02 dagmm M atlmstfin 57 miatadt goo glop °a:t Intrslor Loo of f9tli troal am) acs ocrati r 1tco of aadd E16:luc ai rutho Rnorooil rot, dllats e:4 pf 30•t)b foss to a farm) emmts host fkaund fur nM IrticrIoz e=w of ebb tenet ood ar, utei+lar "rnar of t&A Effilauirt Pnoff-a l?>sproeaft TM.4013w fiorib 5r OsCr i 51t.Wait its 03 mouth Wait atrial Ilia S(ruM lino of 11314 tract tad 11W Nearth r#81itro&wny bin OraldtiMbooziml Bbrtrfo lkidimod for o tltttina o rrlXv w e lK ineh beer ncd kind ru riN 1F1§G7IS'MK0 M' MM of a cures tg tht tight canters 11aralw4y[ THVICK Alung and riraand roll -a*nm to 11ty Y4#-. Ina Nottbwwlor)y dfr+tsltotc,+Uting Gta r3ou!!o lgru cd ablm icnat`�d Ihm "Mn rKb r'�►t�o[- +rratg Nau cJJaid Rtiicwurl P�liw Ar girotJt told mrvo iovvhrc s kc#>r d nocI6 of 4311pFt stn U8 arlaatat : mroawrlr, h m9lU2 of d9Z.lird tact nsx1 a tsiart! bt�lnt r)sQ tttrfats+s ar1�Cc�rttt 54 degrws 3tl nain�tw Sit te�gtli Wsat US.M flan, for ma *rv, ;W 0 5C.0 Awtin Elio PL&= or nc. GRi11'6, I AN[) CONTAIN MG iWain fkaes Oo'ij*4 rift 19 1 usry t1 land. Nl3T9i Tho CewcE tL dkx* not rapre t iimt 1tAO nbm t-crormla ttr4gttttrm inotagc ttttrtCtalanm rim corroM - - III Q� Cc. til ri 'V ti h � 1► Exhibit "D" PETITION FOR CONSENT TO ANNEX LAND INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 THE STATE OF TEXAS COUNTY OF HARRIS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: The undersigned, HAZELWOOD ENTERPRISES, INC., a Texas corporation (the "Property Owner "), respectfully petitions the City of Baytown; Texas for its consent to the addition of land to Harris County Municipal Utility District No. 528 (the "District "). In support of this Petition, the Property Owner would show the following: I. The land sought to be added to the District (the "Tract ") is described by metes and bounds in Exhibit "A ", attached hereto and made a part hereof for all purposes. II The Tract lies wholly within Harris County, Texas. The Tract lies wholly within the corporate boundaries of the City of Baytown, Texas as such term is determined pursuant to Chapter 42 V.T.C.A. Local Government Code, and is not within the boundaries of any other incorporated city or town. III Property Owner is the holder of title to the Tract as shown by the Harris County Tax Rolls and conveyances of record. There are no liens on the Tract_ IV. The District was organized and created pursuant to House Bill 886, 82nd Texas Legislature of the State of Texas, Regular Session, (the "Act ") codified at Chapter 8318, Texas Special Local Laws Code, effective September 1, 2011 (the "District Legislation") under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, and Chapters 49 and 54 of the Texas Water Code, as amended. The District is organized for the purposes found in Chapter 54, Texas Water Code, as amended; to provide for: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of its rivers and streams for irrigation, power and all other useful purposes; (2) the reclamation and irrigation of its arid, semiarid, and other land needing irrigation; 012505.000001 \4841- 7338- 9097.v1 (3) the reclamation and drainage of its overflowed land and other land needing drainage; (4) the conservation and development of its forests, water, and hydroelectric power, (5) the navigation of its inland and coastal water; (6) the control, abatement, and change of any shortage or harmful excess of water; (7) the protection, preservation, and restoration of the purity and sanitary condition of water within the state; and (8) the preservation of all natural resources of the state. The District is empowered and authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of its creation. V. The general nature of the work to be done by and within the Tract at the present time is the construction, maintenance and operation of a waterworks system for domestic and commercial purposes; the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the lands to be included within the District; and the construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized. VI. There is a necessity for the improvements above described because the Tract are located within an area that is experiencing substantial and sustained residential and commercial growth, is urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and services. The health and welfare of the future inhabitants of the Tracts require the acquisition and installation of an adequate waterworks, sanitary sewer and storm drainage system. The purchase, construction, extension, improvement, maintenance and operation of such waterworks system and storm and sanitary sewer collection and disposal systems will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State's waters and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the inclusion of the Tract within the District. 012505.00000114841 - 7338- 9097.v1 V11. Said proposed improvements . are practicable and feasible, in that the terrain of the Tract is of such a nature that a waterworks system and sanitary and storm sewer systems can be constructed at a reasonable cost; and said land will be rapidly developed for commercial, multi- family and/or residential purposes. 11 A preliminary investigation has been instituted to determine the cost of the project attributable to the Tract, and it is now estimated by those filing this Petition, from such information as they have at this time, that the ultimate cost of the development contemplated will be approximately $18,000,000. WHEREFORE, the undersigned respectfully pray that this Petition be granted in all respects and that the City Council of the City of Baytown, Texas, adopt a resolution giving its written consent to the addition of the Tracts to the District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 012505.00000114841 - 7338- 9097.v! RESPECTFULLY SUBMITTED THIS I c' ^ 1. �) I— , 2015. "PROPERTY OWNER' HAZELWOOD ENTERPRISES, INC., a Texas corporation r-- By: / Names• Title: THE STATE OF TEXAS, § COUNTY OF S § This instrument w acknp)-wl!#ged before me on this / ALy of 0" 2015, by I f'n -R ze,�t �'90d, DNS _ of HAZELWOOD ENTERPRISES, INC., a Texas corporation, on behalf of said corporation. BRENDA L. C `pt.• 4B��i Notary Public. Stas 12A a a•. 'y My Commissio August 20, 2018: Notary Public in and for the State of Texas (SEAL) C�- Name printed or typed 012505.00000114841 - 733 8 -9097. v 1 Escrow File No.: 14006313 Tract 1: A 192.9755 acre tract of land out of the William Scott Lower League, Abstract No. 65, Harris County Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbal Smith Land Company by B. W. At7rtstrong, et al, by doed dated November 29, 1935, and recorded in Volume 496 at Page X7"9 of the Deed Records of Harris county, Texas; such 192.9755 acre tract of land being more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND HOUNDS DESCRIPTION. BEGINNING at a 112 inch iron rod set for the East corner of this tract of land at the intersection of the Northwest right of way line of Evergreen Road, 60 foot right of way, and the West right of way line of Tri City Beach Road, 8o foot right of way. This corner has a State Plane Coordinate Value of Y - 704,759.64 and X = 3,284,462.24. THENCE South 48 deg 04 min 31 sea West with the Southeast line of this tract and the Northwest right of way line of Evergreen Road a distance of 848.77 feet to a 1/2 inch iron set for a Corner of this tract and the East corner of a 27.7906 acre tract of land surveyed this day; THENCE in a Northwesterly and Southwesterly direction with the Southeast line of this tract and the Northwest line of said 27.7906 acre tract of land the following courses and distances: North 41 deg 55 min 29 sac West 201.80 feet to 1/2 inch iron rod; North 48 deg 04 min 31 sac East 120.00 feet to 1/2 inch iron rod; North 41 deg 55 min 29 sea West 286.29 fast to 1/2 inch iron rod; Page 1 of 4 Escrow File No.: 14006313 Tract I: North 84 deg 16 min 36 sec West 462.80 feet to 1/2 inch iron rod; North 75 deg 27 min 28 sec West 285.17 fast to 1/2 inch iron rode South 37 deg 19 min 05 sec West 281.60 feet to 1/2 inch iron rod; South 42 deg 43 min 37 sec West 685.70 feet to 1/2 inch iron rod; South 11 deg 49 min 04 sec West 856;72 feet to 1/2 inch iron rod; and South 81 deg 35 min 42 sec East 121.66 feet to 1/2 inch iron rod set for a corner of this tract and the most Southern South corner of said 27.7906 acre tract on a nontangent curve to the left concave Northeast, THENCE with the Southeast line of this tract and the Northwest line of said 27_7906 acre tract of land and said curve to the left having a central angle of 50 deg 21 min 20 sea, a radius of 231.79 fast, a length of 203.71 feet and a chord bearing and distance of South 16 deg 44 thin 49 sec East 197.22 feet to a 1/2 inch iron rod for the point of tapgency of this carve and a corner of this tract and a corner of said 27.7906 acre, tract of land; THENCE South 41 deg 55 min 29 sec East with the Southeast line of this tract and the Northwest line of said 27.7906 acre tract of land a distance of 172.54 feet to a 1/2 inch iron rod set for a corner of this tract and a corner of said 27.7906 acre tract of land in the Northwest right of way line of Evergreen Road; THENCE South 48 deg 04 min 31 Sec West with the Southeast line of this tract and the Northwest right of way line of Evergreen Road a distance, of 1604.55 feet to a 1/2 iron rod set for the South corner of this tract of land; THENCE North 41 deg 46 min 15 sec West with the Southwest line of this tract of land a distance of 387.84 feet to a 51a inch iron rod set for the Southwest corner of this tract of land; THENCE in a Northwesterly direction with the West line of this tract of land the fbllowing courses and distances: North 28 deg 22 min 50 sec East 857.91 feet a 3/4 inch iron rod; North 03 deg 03 min 30 sec East 360.18 feet a 3/4 inch iron Page 2 of 4 Escrow File No.: 14006313 Tract I: EXEIIBIT "A" rod; North 08 deg 25 min 45 sac West 780.82 feet a 5/8 inch iron rod; North 12 deg 12 min 35 sec East 598.86 feat a 5/8 inch iron rod; North 55 deg 20 min 10 sec East 924.01 feat a 5/8 inch iron rod; North 30 deg 58 min 10 sea West 577.16 feet a 5/8 inch iron rod; North 14 deg 37 min 06 sec East 799.25 feet a 5/8 inch iron rod; and North 04 dog 17 =in. 47 s$a, yydilt 832;62 meet 3 3/4 'inch Iran rod set ;for. .the No) thtuest oorri it of t tract of laird In the South litre of the 2si�ssouri Pacific Railroad Company IOU foot right of way being a tract of land containing 11.56848 acres called Parcel No. 2 in a deed from Ashbel smith Land company to Missouri Pacific Railroad Company dated January 9, 1967, and 'rt3corded at 'Codhty ClerK's File Number C443456 of the offia3;a Public ttftcords of Real property of Harris county, Texas; THENCS $otith 87 deg 58• min 5d sec, $44t WM.- the Notes line of this tract and the Souidi line, at the Imllroad right, eL OpjI a diitAnCli of 2199•.40 feat, to,a' 3: /4''inch iron- ro4..set 14dr tlia N�irtheast,cbxner of this tract of lanW in -the -.West right of wad. 1$na o'z Tri City Hiiach Road; 8S&ltCE SCtl l 08 deg' .13. iitii . 3'S sea -t4s�k Vi'th the East Una of this tract and the West 'right oi' way Iips .of %ri City- t etkbb Road a distance of 1694:4 feat to an iron- rozi ,found for the solitbaadt corner -of this tract ai laxtd and thg Northaest corner of a 4.0727 acre tract nit land canvey4iid to Houston Lighting and er_ Company by Ashbel Su th Land Cotapany by steed dated April 97, 19671 and recorded. 12t Volume 6770 at page 168 of the Deed Recojeds of Harris county, Texas; THENCE South 81 rleg; 49 rain 10 sec West Viih tits SoUfa line o8 this tract and the North line of said #.0727 abre tYacti of land a distance of 350.Q0 feet to an iron rod found for an interior conger of this tract of land and the Northwest corner of said 4.0727 acre tract of land; THENCE South 08 deg 10 min 50 sec E¢st with the East line of this tract and the -Wass line of said 1._0727 acre -trAot of land a Page 3 of 4 Escrow File No.: 14006313 Tract 1: EXHIBIT "A" distance of 450.00 feet to an iron rod found for an intcrrior corner of this tract of land and the southwest corner of said 4.0727 acre tract of J'arld in the ttbkt.h line of a Houston Lighting and Power Company Ease4ent descrlb�4- as Second *raa+- in an instrument recorded in Volume 7720 at Page 236 of the Dead Records of Harris county, Texas; THENCB south 80 deg 12 min 40 sec East with the North line of this tract, the North line of said Easement and the South line of said 4.0727 acre tract of Uhd a distance of 367,95 feet to a 1/2 inch iron rod found for a corh&r of this tract of land and the Southeast corner of said 4.0727 acre tract of land in the West right of way line of Tri City Beach Road, and THENCE South 08 deg 10 min 5o sea East with the East line of this tract lartA amd the West right of tray Una of Tri City Beach Road a distance of 94.35 fOet: to thB PLACE 'O'F 2EGINNING, containing withU sa'icl- 666 wdarifts tm.9755 acres of land. SAVE AND EXCEPT the portions of said 192.9755 acre tract conveyed in the deeds filed under Harris County Clerk's File No(s). T147876 and T767071. Page 4 of 4 Escrow File No.: 14006313 Tract H- EXHIBIT "All A 12.7608 acre tract of land out of the William Scott Lower League, Abstract No. 65, Harris County Texas, and 19eiAj out of and a part of a 1541 acre tract of 'land conve}!ed to Asfi$ei Smith Land company by B. W. Armstrong, at all by Heed. dated • Kd1ie#bdt 29, 1935, and recorded 3;n voiame 996 at Page 31$ of the Deed.Raccrds of Harris County, Texas; such 12.7608 acre •twict of land being more particularly descrijnred by Yuetes and bounds as £oltowt, to -wits NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER To THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOMIDS DESCRIPTION. CoM,.10c3NG at a 1/Z .inch, Jxon rod set foY tha: Salt coMer of a 192,6755 acre ti�aat of laid surveyed this. slay -it 'the Intersection of the Northwest right of '40Y lino of Evergreen It.** G0 . foot xight of vay! aiut the Weiit right.of Way line of_9,'r :.city Baaosi A"d' so foot right of Way, This corner bas a Starts • zl is Coordinate Value of Y - 704,759.64 and X = 3,284,462.24. THENCE South 48 tied 04 min 31 sea West with the Southeast line of said 192.9755 'tract and the Northwest right of v4y fins of Evergreen Road, at 648.77 feet to a 1/2 .inch set for a corner of said 192.9755 acre tract and the East corner. of a 27,7906 acre tract of land surveyed this day, in all a total distance of 908.77 Page 1 of 2 Escrow File No.: 14006313 Tract M V-3 FAMU feet to a 112 inch iron rod set tar the East corner of this tract of land and a South corner of Baia 27.7906 acre and the POINT OF BEGINNING of this tract of land. This corner has a State Plane Coordinate Value of Y = 704,152.51 and X = 3,283,786.16[ THENCE Solxtb 48 deg 04 min 31 sec West: with the SOuthwast line of this tract or land . and the Northwest right of pax line-of Rvargreen Road a. distoad of 1885.75 FOat to a i /2, inch iron reed set for the South ccrnek of this tract, of land -and an East corner of said 27.7906'acre tract of land[ THENCE North 41 deg 55 min 29 sec West O t:h the Southwest line of this tract and the. Northeast line of said 27.7906 xt=a tX4ct of land a distance of 172.54 feet to a 1/2 inch iron rod set for a corner of this tract of land and the poiht of curvature of a curve to the right'concave Northeast[ TRjrL4CE .i7i aiT4+?rthraesEaerl diicectir�n with tits Southwest litm of this tract aitd Uhe W.6i hea9t .lire or said Z7,7}D5_ sere trx;ct of Land and said carve to the right UaVirig '4 aght7oal fn! of 59 deal 44 tstfti 33 sea ".a iadfl s,ok•1`11.79 lee.. ; a teng}h.og 1&1.1,3 fast an$ a chord bear: to and';distance of North 13 deg o3 mlz 13�sec West 155.29 fnet to A 112•. "t h itbh— rod set fin• -.a corner oil' t[ts tract, a rorhar of said 27.79'p6 aarg tact anti the ,faint of ngenoy of said cttrve4 THENCE North 11 deg 49 min 21 sec East with the Southwest line of this tract of land and the Northeast line of said 27.7906 acre tract of land a distance of 12.03 feet to a 1/2 inch #M rod set for the West corner of this tract of land and a cornet of said 27.7906 acre tract of land[ THENCE North 45 d" -14'm n. 45 sec East With the Northwest line of this tract and -tlie Sout4t8ast line of said 27.7906 acre tract of land a distatice. of 936.42 iEEekt to a 1/2 inch iron rod set for a corner of brie, tract of lar4 and a corner of said 27.7906 acre tract of land[ THENCE North 63 deg 17 gin 5o sec East with the Northwest Tina of this tract and the Southeast line of said 27.7906 acre tract of land a distance of 900,26 feet to a 1/2 inch iron rod set for the North corner of this tYaet of land and a corner of said 27.7906 acre tract of land[ and THENCE South Al cleg 55 9dtn 29 sea East with the Northeast line of this tract Arid a southwest line of said 27.79Gt acre, tract of land a di,sfanae of 128,16 feat to the pZACE OF 84CjNWj:Nd, containing within said boundaries 12.7608 acres of land, SAVE AND EXCEPT the portions of said 12.7608 acre tract conveyed in the deed fled under Harris County Clerk's File No. T147876. Page 2 of Escrow File No,: 14006313 Tract III: EXHIBIT "A" A 4.072 -acre tract In the Wiliam Scott Lower League, Abstract 65, in Hants County, Texas, being the same property described In a deed from Ashbel Smith Land Company to Houston Lighting & Power Company, dated April 2T, 1967, and recorded In Volume 6770, Page 168 of the Deed Records of Harris County, Texas, All bearings herein stated are based on the east One of sold 4.072 -acre tract as described In Volume 6770, Page 168 of said Deed Records, Said 4,072 -acre tract Is described as follows; BEGINNING at a 314 -Inch Iron rod set and recovered for the southeast comer of said 4.072 -acre tract, same being a comer (called 112 -Inch Iron rod) of a 192.9756 -acre tract described as Tract No. 1 In an Instrument recorded In the Official Public Records of Real Property of Harris County, Texas, under File 8462464 and Film Code 504 -37- 3520, and the point of Intersectlon of the West line of Td -City Beach Road (a/Wo E. Texas Avenue Extension) with the northerly One of a 10,141 -acre tract described in Volume 7720, Page 236 of said Deed Records; THENOE, N. 80° 12' 561 W., a distance of 367.92 feet, along the south line said 4,072 - acre tract, same being a north line of said 10.141 -acre tract and said 1929765 -acre tract, to a 314 -inch Iron rod (called Iron rod) found for an Interior comer of said 192.9755 -acre tract, same being the southwest comer of Bald 4,072 -acre traol; THENCE, N. 08. 10' 50' W„ a distance of 450,04 faet, along the westerly One of sold 4 ,072 -acre tract, same being an easterly One of said 192.9766 -acre tract, to the northwest comer of said 4,072 -acre tract, same being an Interior corner of said 192,9765 -acre tract, from which a found 3/4 -Inch Iron rod (called iron rod) bears S. 36° 13139" E, 0,35 feet; THENCE, N. 811 49' 10" 1—, a distance of 349.98 feet, along the north One of said 4.D72 -acre tract, same being a southerly One of sold 192.9755-acre tract, to a 314 -Inch Iron rod (called Iron rod) found for a comer of said 192,9755 -acre tract In the West One of said Tri -City Beach Road, some being the northeast comer of said 4.072 -acre tract; THENCE, S, 08. 10160" E., a distance of 563,62 feet, along the west line of said Td- City Beach Road, same being the east One of sold 4,072-acre tract, to the POINT OF BEGINNING and containing 4.072 sores of land.