Ordinance No. 13,126ORDINANCE NO. 13,126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE SIXTH AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to the Sixth Amendment to the Water
Supply and Waste Disposal Agreement with Chambers County Municipal Utility District No. 1.
A copy of said amendment is attached hereto as Exhibit "A," and incorporated herein for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v of the City Council of the
City of Baytown this the 11th day of February, 2016.
TEPHEN H. DONCARLO . , Mayor
ATTEST:
LETICIA BRYSCH, Jerk
APPROVED AS TO FORM:
dNACIOIREZSR�.,C-Attorney
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Exhibit "A"
SIXTH AMENDMENT
TO THE
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN, TEXAS,
AND THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Sixth Amendment (the "Sixth Amendment") to that certain Water Supply and Waste
Disposal Agreement (the "Agreement') between the City of Baytown, a municipal corporation
situated in Hams and Chambers Counties, Texas, acting by and through its governing body, the
City Council of the City of Baytown, Texas (the "City"), and Chambers County Municipal
Utility District No. 1, a conservation and reclamation district created pursuant to Article XVI,
Section 59, Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code
(the "District') is made by and between the same parties on the date herein after last specified.
RECITALS
WHEREAS, the City and the District entered into the Water Supply and Waste Disposal
Agreement on the 4th day of March, 1996 (the "Agreement'); and
WHEREAS, the City and the District thereafter entered into the First Amendment to the
Agreement on the 22nd day of August, 1997, to expand the Service Area to include Sections 3
and 4 of Country Meadows Subdivision (the "First Amendment'); and
WHEREAS, the City and the District thereafter entered into the Second Amendment to
the Agreement on the 26`h day of August, 2002, to expand the Service Area to include the
following:
➢ Block A Addition to Section 4 of Country Meadows Subdivision,
➢ Section 5 of Country Meadows Subdivision,
➢ Block A Addition to Section 5 of Country Meadows Subdivision,
➢ Block B Addition to Section 5 of Country Meadows Subdivision,
➢ Section 6 of Country Meadows Subdivision, and
➢ Sections 1, 2 and 3 of Hunters Chase Subdivision;
(the "Second Amendment'); and
WHEREAS, the City and the District entered into the Third Amendment to the
Agreement on or about the 4`h day of June, 2004, to expand the Service Area to include the
following:
Sixth Amendment Page 1
Section 7 of Country Meadows Subdivision
Yes
Yes
Section 7 of Country Meadows Subdivision
Yes
Yes
Sections 1 and 2 of Pine Meadows
Yes
No
Sections I and 2 of Pine Meadows
Yes
No
(the "Third Amendment"); and
WHEREAS, the City and the District amended the Agreement through the Strategic
Partnership Agreement, dated on the 27th day of June, 2005, to expanded the Service Area to
include approximately 16.0964 acres of commercial frontage adjacent to Pine Meadows, Country
Meadows and Hunters Chase Subdivisions (the "Fourth Amendment"); and
WHEREAS, the City and the District amended the Agreement through the Strategic
Partnership Agreement No. 2, dated on the 28th day of January, 2008, to expanded the Service
Area to include approximately 107.2936 acres of commercial development along State Highway
146 and/or Interstate 10 (the "Fifth Amendment"); and
WHEREAS, the City and the District wish to enter into and amend the Agreement to
provide water and wastewater services to approximately 231.5763 acres;
NOW THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Sixth Amendment shall have the same meanings as in the
Agreement.
2. Amendments.
a. Article 1 "Definitions," Section 1.08 of the Agreement is hereby amended to read
as follows:
1.08 "Service Area" shall mean the area located within both the
boundaries of the District as they currently exist on the day of
execution of this Agreement and as further described in Exhibit
«D .11
b. Article 1V "Quantity and Capacity," Section 4.01 of the Water Supply and Waste
Disposal Agreement is hereby amended to read as follows:
4.01 General.
(a) Water. Subject to the terms and conditions of this
contract, City agrees to sell and deliver (or cause to
be delivered) to the District, the District's total
treated water requirements, and the District agrees
to purchase from City, the District's total treated
Sixth Amendment Page 2
water requirements, not to exceed 1,670,400 gallons
per day average daily flow, for resale during the
term of this contract for water services to be
supplied in the Service Area, which consists of a
total of 4,009 Equivalent Dwelling Units. The
District's total treated water requirements shall
mean the total quantity of treated water the District
needs to conduct operations, use or resell within the
Service Area.
b. Waste. In consideration of the compensation stated
herein, the City shall accept and treat waste from
the District and the District shall have the privilege
of discharging waste into the City's System, not to
exceed 1,271,350 gallons per day average daily
flow, representing 4,010 anticipated equivalent
dwelling units.
The provisions of this Sixth Amendment and the provisions of the Fifth Amendment,
Fourth Amendment, Third Amendment, First Amendment, and the Agreement should be
read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this Sixth Amendment and the provisions of
the Fifth Amendment, Fourth Amendment, Third Amendment, First Amendment, and the
Agreement, the provisions of this Sixth Amendment shall control.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies,
each of which shall be an original, as of the _ day of , 2016, the date signed
by the City Manager of the City of Baytown.
CHAMBERS COUNTY MUNICIPAL
UTI DIS3:RICT NO. 1
B.
pSignature
—
h: C��IC A
Printed Name
President
Sixth Amendment Page 3
ATTEST:
By:
N.�Sigatur
04 G. AW -WV*
Printed Name
Secretary
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me this day of , 20A
by �1'.ha�d C�repX , as President, and & �i'G , as Secretary,
of Chambers County Municipal Utility District No. 1, a political subdivision of the State of
Texas, on behalf of said political subdivision.
Notary and for a State 001as
��R�G•,�A�,rcrrrrrrtii..4
tioTARY PUBLIC. STATE Of TEXAS ` CITY OF BAYTOWN TEXAS
MY coli'/.ISSIoH EXPIRES
���F<,•' JUNE 19, 20;'1'1
By:
RICHARD L. DAVIS, City Manager
ATTEST:
0
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
M
IGNACIO RAMIREZ, SR., City Attorney
Sixth Amendment. Page 4
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me this day of , 2q_,
by Richard L. Davis, as City Manager and Leticia Brysch, as City Clerk of the City of Baytown,
a home -rule municipal corporation in Harris and Chambers County, Texas, on behalf of said
municipal corporation.
Notary Public in and for the State of Texas
RAKamnWilesTontractslWatcr & Wastewater AgreemendChambers County MUD No. I%thAmendment2UtilityAgreementforCCMUDNol .doc
Sixth Amendment. Page 5
Exhibit "D"
METES AND BOUNDS DESCRIPTION
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
559.6173 ACRES IN THE
WILLIAM BLOODGOOD LEAGUE, ABSTRACT NO. 4, THE WILLIAM
BLOODGOOD AUGMENTATION SURVEY, ABSTRACT NO. 5 AND THE
CHAMBERS COUNTY SCHOOL LAND SURVEY NUMBER 3, ABSTRACT NO. 321
CHAMBERS COUNTY, TEXAS
BEING 559.6173 ACRES OF LAND SITUATED IN THE WILLIAM BLOODGOOD LEAGUE,
ABSTRACT NO. 4, THE WILLIAM BLOODGOOD AUGMENTATION SURVEY, ABSTRACT NO. 5
AND THE CHAMBERS COUNTY SCHOOL LAND SURVEY NUMBER 3, ABSTRACT NO. 321,
CHAMBERS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS IN FIVE TRACTS AS FOLLOWS:
TRACT 1
BEING 90.2384 ACRES OF LAND OUT OF AND PART OF THAT CERTAIN 102.264 ACRE TRACT
SITUATED IN THE WILLIAM BLOODGOOD LEAGUE, ABSTRACT NO. 4, PAGES 138 THRU 143,
OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, SAID 102.264 ACRE TRACT BEING
ORIGINALLY A PART OF A 100 ACRE TRACT OF LAND THAT WERE DEEDED TO K.M.
FITZGERALD BY JOHN SHEARER IN A DEED DATED MAY 1, 1916 AND RECORDED IN VOLUME
6, PAGE 575 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, SAID 90.2384 ACRES OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an iron rod found for the northeast comer of the aforementioned 102.264 acre tract, said
point being in the south R.O.W. line of Interstate Highway No. 10 and being the east line of said William
Bloodgood League Abstract No. 4 and the west line of the William Bloodgood Augumentation Survey,
Abstract No. 5, thence S 75° 13' 12" W, 225.00 feet along the south R.O.W. line of Interstate Highway No.
10 to the POINT OF BEGINNING;
(1) THENCE S 12' 2l' 14" E, 2323.66 feet to a point for the southeast corner of this tract, in the north R.O.W.
line of Needle Point Road and the south line of said 222.3 acre tract;
(2) THENCE S 78' 07' 32" W, with the south line of this tract, being the south line of said 222.3 acre tract and
north R.O.W. line of Needle Point Road, a distance of 2311.24 feet to a 1" iron pipe in the east R.O.W. line
of State Highway No. 146, being the southwest corner of this tract;
(3) THENCE N 123 55' 32" E, with the west line of this tract and the east R.O.W. line of said State Highway
No. 146, a distance of 1405.00 feet to a concrete R.O.W. monument for an angle point;
(4) THENCE N 35' 59'38" E, continuing with the west line of this tract and the east R.O.W. line of said State
Highway No. 146, a distance of 179.06 feet to a concrete R.O.W. monument for an angle point;
(5) THENCE N 15� 24' 09" E, continuing with the west line of this tract and the east R.O.W. line of said State
Highway No. 146, a distance of 828.71 feet to an iron pipe and being the southwest corner of the Humble
Oil and Refining Co. 0.8931 acre tract of land;
(6) THENCE N 75 06' 18" E, with North line of this tract and being the south line of said 0.8931 acre tract, a
distance of 300.37 feet to an iron rod set in concrete for an interior corner, said corner being the southeast
corner of the aforementioned 0.8931 acre tract;
(7) THENCE N 15'' 16' 18" E, with the east line of the said 0.8931 acre tract, a distance of 150.54 feet to an
iron rod set in concrete for the northwest corner of this tract of land and the northeast corner of said 0.8931
acre tract, said comer being in the south R.O.W. line of Interstate Highway No. 10;
Page I of 6
559.6173 ACRES
(8) THENCE N 75ry 13' 12" E, with the north line of this tract and being the south R.O.W. line of Interstate
Highway No. 10, a distance of 822.30 feet to the POINT OF BEGINNING and containing 90.2384 acres,
more or less.
TRACT 2
BEING 206.2848 ACRES OF LAND OUT OF AND PART OF THE WILLIAM BLOODGOOD LEAGUE,
ABSTRACT NO. 4, AND THE WILLIAM BLOODGOOD AUGMENTATION SURVEY, ABSTRACT
NO. 5, CHAMBERS COUNTY, TEXAS, ALSO BEING COMPRISED OF THREE TRACTS OF LAND
AS RECORDED IN VOLUME 13, PAGE 567, VOLUME 13, PAGE 598, VOLUME 10, PAGE 359 AND
VOLUME 577, PAGE 45 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a concrete highway monument in the east right-of-way of State Highway 146, said right-
of-way line being the west property line of this tract;
(1) THENCE along the east right-of-way of State Highway 146, N 120 55' 32" E, 200.00 feet to a I" iron pipe
found for an angle point in the west line of this tract, and the aforementioned tract recorded in Volume 13,
Page 567 of the Deed Records of Chambers County, Texas; said point being the southwest corner of a 5.0
acre tract;
(2) THENCE along the south line of said 5.0 acre tract N 77° 22'11" E, 1041.60 feet to a 1" von pipe found for
the southeast corner of said 5.0 acre tract and an interior corner of this tract;
(3) THENCE along the east line of said 5.0 acre tract N 11 ° 25' 51" E, 209.09 feet to a 1" iron pipe found for
the northeast corner of said 5.0 acre tract the most northwest corner of this tract;
(4) THENCE, S 770 09'44" W, 1041.83 feet to a point located in the east right-of-way line of said State Highway
146 for the northwest corner of said 5.0 acre tract, the southwest comer of a 42.3089 acre tract and for an
angle point in the west line of this tract and;
(5) THENCE N 120 03' 06" E along the east right-of-way line of said State Highway 146, 690.17 feet to a point
for the northwest corner of said 42.3089 acre tract and for the northwest corner of this tract;
(6) THENCE N 770 17' 46" E along the north line of said 42.3089 acre tract, 2790.51 feet to a point for the
northeast corner of said 42.3089 acre tract and for the northeast comer of this tract;
(7) THENCE S 11 ° 37' 26" E along the east line of said 42.3089, 631.53 feet to a point for the southeast corner
of said 42.3089 acre tract for an angle point in the east line of this tract;
(8) THENCE S 110 46' 53" E, 2139.70 feet to a point for the southeast comer of this tract;
(9) THENCE S 770 37' 06" W, 1480.58 feet to a 2" iron pipe found for an angle point;
(10) THENCE. S 77° 30' 56" W, 894.59 feet to a 2" mill shaft found for an angle point;
(11) THENCE S 77° 30' 10" W, 1005.43 feet to a 5'8" iron rod found for the southeast corner of a 4.0 acre tract
and an interior corner of this tract;
(12) THENCE N 12° 34' 49" W, 300.24 feet along the east line of said 4.0 acre tract to a 2" iron pipe found for
the northeast comer of said 4.0 acre tract and an interior corner of this tract;
(13) THENCE S 77" 45' 00" W, 463.92 feet along the north line of said 4.0 acre tract to an iron rod found on the
east right-of-way line of State Highway 146, said iron rod being the northwest corner of said 4.0 acre tract
and the southwest corner of this tract and also on a curve to the right having a chord bearing N I F 02' 02"
E, 159.20 feet;
Page 2 of 6
559.6173 ACRES
(14) THENCE along the arc of said curve to the right subtending a central angle of 00° 48' 01", a radius of
11399.16 feet, an arc distance of 159.20 feet to a 5/8" iron rod wi cap;
(15) THENCE continuing along the east right-of-way line of State Highway 146 N 111 09' 41" E, 1421.38 feet
to the POINT OF BEGINNING and containing 206.2848 acres of land, more or less.
TRACT 3
BEING 150.5783 ACRES OF LAND COMPRISED OF THREE TRACTS SITUATED IN THE WILLIAM
BLOODGOOD AUGMENTATION SURVEY, ABSTRACT NO. 5 AND THE CHAMBERS COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 321 IN CHAMBERS COUNTY, TEXAS, AS RECORDED
IN VOLUME 13, PAGE 569, VOLUME 13, PAGE 568 AND THE ANNIE BUSCH ESTATE RESIDUAL
52.539 ACRES OF THE ORIGINAL 261 ACRE TRACT OF LAND AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a point in the east R.O.W. line of State Highway 146, for the northwest comer of this tract
and the southwest corner of the Abbe Subdivision, thence N 77" 08' 38" E, with the north line of this tract
and the south line of said Abbe Subdivision, a distance of 1938.76 feet to a 2" iron pipe for the southeast
corner of said Abbe Subdivision and an angle point in the north line of this tract, said point also being the
southwest corner of the T.S. Fitzgerald Estate Tract of land;
(1) THENCE N 770 14' 13" E, with the north line of this tract and the south line of said Fitzgerald Estate Tract
897.71 feet to a 2" iron pipe for the southeast comer of said Fitzgerald Estate Tract and an angle point in the
north line of this tract, said point also being the southwest corner of the Roy C. Donnelly Tract;
(2) THENCE N 77' 15' 47" E, with the north line of this tract and the south line of said Donnelly Tract, a
distance of 3,606.53 feet to the northeast corner of this tract and the southwest comer of said Donnelly Tract;
(3) THENCE S 12° 47' 44" E, with the east line of this tract, a distance of 1004.52 feet to an iron shaft set in
concrete for the southeast corner of this tract and the northeast corner of the B.B.B. and C.R.R. Co. Survey,
Abstract No. 61;
(4) THENCE S 77° 18' 26" W, with the south line of this tract being the south line of said William Bloodgood
Augmentation Survey and the north line of said R.R. Survey a distance 4462.60 feet to an angle point in the
south line of this tract;
(5) THENCE S 77 19' 56" W, with the south line of this tract a distance of 122.70 feet to the southeast corner
of the United Gas Pipeline Co. Road Tract and a corner for this tract;
(6) THENCE N 12' 40' 04" W, with the west line of this tract, being the east line of said road tract a distance
of 40.00 feet to an iron rod for the northeast comer of said road tract and an interior comer of this tract;
(7) THENCE S 77" 19' 56" W, with the south line of this tract and the north line of said road tract a distance of
2071.86 feet to a point for a comer of this tract and a comer of said road tract;
(8) THENCE N 51 ' 59' 57" W, with the south line of this tract and the north I ine of said road tract a distance
of 232.90 feet to an iron rod for the southwest corner of this tract and the northwest corner of said road tract,
said point being in the east R.O.W. line of State Highway No. 146;
(9) THENCE with the west line of this tract and said east R.O.W. line of State Highway No. 146 following the
chord of a 01' 00' 00" curve, N 12° 14' 45" E, a distance of 853.52 fee to the POINT OF BEGINNING and
containing 150.5783 acres, more or less.
Page 3 of 6
559.6173 ACRES
BEING 31.5178 ACRES OF LAND OUT OF AND PART OF THE WILLIAM BLOODGOOD
AUGMENTATION SURVEY, ABSTRACT NO. 5 IN THE CHAMBERS COUNTY, TEXAS, AND
BEING COMPRISED OF THREE TRACTS OF LAND AS RECORDED 1N VOLUME 294, PAGE 215,
VOLUME 13, PAGE 597, VOLUME 319, PAGE 356 AND VOLUME 282, PAGE 451 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at an iron rod for the northeast comer of this tract, said point being on a curve in the west
R.O.W. line of State Highway No. 146 and on the south line of the William Bloodgood Augmentation Survey,
Abstract No. 5, thence following said curve having a central angle of 02° 28' 11" and a chord bearing S 070
32' 08" W, a distance of 496.49 feet to a concrete R.O.W. monument found at the point of tangency of said
curve;
(1) THENCE S 060 18' 03" W, along the west R.O.W. of State Highway No. 146, a distance of 291.40 feet to
the point of curvature for a curve to the right on the said west R.O. W. I ine;
(2) THENCE following along the arc of said curve to the right having a central angle of 02° 42' 56" an arc
distance of 268.72, said curve having a chord bearing S 07° 39' 31" W, 268.69 feet to an iron rod for the
southeast corner of this tract;
(3) THENCE S 77' 18' 56" W, a distance of 151.87 feet to a'/4" iron rod for an angle point;
(4) THENCE S 77' 38' 48" W, a distance of 296.57 feet to an axle for an interior comer;
(5) THENCE S 12° 09' 36" E, a distance of 417.86 feet to a 2" iron pipe at a fence corner;
(6) THENCE N 77- 49' 48" E, a distance of 265.78 feet to an von rod in the curve of the west R.O.W. line of
State Highway No. 146;
(7) THENCE along the arc of said R.O.W. curve having a central angle of 02' 3 P42" a distance of 250.19 feet,
said curve having a chord bearing S 14° 54' 36" W, a distance of 250.17 feet, to a point being the southeast
corner of this tract, said point being the north line of the T & N.O. Railroad Company Tract as recorded in
Volume 187, Page 316 of the Deed Records of Chambers County, Texas;
(8) THENCE N 510 40' 50" W, with the north line of the T & N.O. Railroad Company Tract, a distance of
1853.27 feet to an iron rod in the fence line of the south line of the Antone Busch Estate;
(9) THENCE N 760 47'43" E, a distance of 726.06 feet to a point for a corner,
(10) THENCE N 22° 24' 30" W, a distance of 213.39 feet to a point for a corner;
(1 l) THENCE N 78° 30' 22" E, a distance of 1138.63 feet to the POINT OF BEGINNING and containing
31.5178 acres, more or less.
TRACT 5
BEING A TRACT OR PARCEL CONTAINING 80.998 ACRES (3,528,257 SQUARE FEET) OF LAND
SITUATED IN THE WILLIAM BLOODGOOD AUGMENTED SURVEY, ABSTRACT NUMBER 5,
AND THE CHAMBERS COUNTY SCHOOL LAND SURVEY NUMBER 3, ABSTRACT NUMBER 321,
CHAMBERS COUNTY, TEXAS, BEING ALI, OF A CALLED 80.992 ACRE TRACT CONVEYED TO
EDDIE V. GRAY, TRUSTEE, BY DEED RECORDED IN VOLUME 396, PAGE 223 OF THE OFFICIAL
PUBLIC RECORDS OF CHAMBERS COUNTY (O.P.R.C.C.). SAID 80.998 ACRE TRACT BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
Page 4 of 6
559.6173 ACRES
BEGINNING at a 2 -inch iron rod found in a northerly line of said William Bloodgood
Augmented Survey, in the southerly line of the William Bloodgood League, Abstract Number 4,
in the most easterly south line of Hunters Chase Section Two Amended, a subdivision of record in
Volume "B", Page 223 of the Chambers County Plat Records (C.C.P.R.), marking the
northeasterly corner of a called 2.5375 acre tract conveyed to William McDonald by deed
recorded in Volume 1 111, Page 669, O.P.R.C.C., and marking the northwesterly corner of the
herein described tract;
(1) THENCE, North 77°45'55" East (called North 774526" East), along the common survey line. the southerly
line of said Hunters Chase Section Two, the southerly line of Hunters Chase Section Three, a subdivision of
record in Volume "B", Page 228, C.C.P.R., and the southerly line of Hunters Chase Section Four, a
subdivision of record in Volume "A", Page 245, C.C.P.R., a distance of 1,480.87 feet (called 1,480.74 feet)
to a point for the southeasterly corner of said Hunters Chase Section Four, the southwesterly corner of a
called 10.03 acre tract conveyed to Old Needlepoint 97.2 LLC by deed recorded in Volume 1431, Page 116,
O.P.R.C.C., and for an angle point in a northerly line of the herein described tract, from which a found 5/8 -
inch iron rod with cap stamped "BHA" bears North 11 °38' West, a distance of 0.24 feet;
(2) THENCE, North 7721'05" East (called North 77°20'36" East), along the southerly line of said
10.03 acre tract, at a distance of 662.84 feet pass a 1/2 -inch iron rod found marking the
southeasterly corner of said 10.03 acre tract and the most southerly southwest corner of a called
87.72 acre tract (Tract 1) conveyed to Old Needlepoint 97.2 LLC by deed recorded in Volume
1431, Page 111, O.P.R.C.C., and continuing, along the southerly line of said 87.72 acre tract and
along the southerly line of a called 28.80 acre tract conveyed to Ricky D. Fontenot, d/b/a Fontenot
Farms & Trucking by deed recorded in Volume 1454, Page 646, O.P.R.C.C., in all, a distance of
2,124.58 feet (called 2,124.86 feet) to a 1 -inch iron shaft found in the westerly line of a called
40.53 acre tract (Tract 3) conveyed to Angel Brothers Enterprises, Ltd. by deed recorded in
Volume 492, Page 326, O.P.R.C.C., marking the southeasterly corner of said 28.80 acre tract, and
the northeasterly corner of the herein described tract;
(3) THENCE, South 12°39'06", East (called South 12°39'24" East), along the westerly line of said called 40.53
acre tract, a distance of 978.00 feet to a 1 -1/2 -inch pipe found marking the northeasterly corner of a called
66.58 acre tract (Tract 1) conveyed to Eddie V. Gray, Trustee, by deed recorded in Volume 1408, Page 15,
O.P.R.C.C., marking an interior corner of said 40.53 acre tract and the southeasterly corner of the herein
described tract;
(4) THENCE, South 77°24'25" West (called South 77°24'07" West), along the northerly line of said 66.58 acre
tract, a distance of 3,606.53 feet to a 2 -inch pipe found marking the southeasterly corner of a called 2.0375
acre tract conveyed to Gabriel Manzanares by deed recorded in Volume 1504, Page 372, O.P.R.C.C., and
marking the southwesterly comer of the herein described tract;
(5) THENCE, North 12'35'12" West (called North 12036'04" West), along the easterly line of said 2.0375 acre
tract and the easterly line of a called 2.5375 acre tract (Tract No. 1) conveyed to William McDonald by deed
recorded in Volume 1111, Page 669, O.P.R.C.C., a distance of 985.20 feet (called 985.02 feet) to the POINT
OF BEGINNING and containing 80.998 acres (3,528,257 square feet) of land.
Tract 5 Notes:
1. All bearings are based on the Texas Coordinate System of 1983, South Central Zone, NAD 83.
2. All distances are surface unless otherwise noted and maybe converted to grid by multiplying by the
combined scale factor of 0.99990145.
Page 5 of 6
559.6173 ACRES
The above described tracts comprise a total of 559.6173 acres.
General Notes:
I . Tracts 1 through 4, inclusive, were transcribed verbatim from the records of the Chambers County
Municipal Utility District No. 1. Said tracts were annexed March 17, 1981. No verification has
been made nor is any warranty provided for the descriptions transcribed or the acreages stated
therein.
2. The unit of measurement is the U.S. Survey Foot.
3. Square footage area shown is for information only and surveyor does not certify accuracy of
survey to nearest square foot.
4. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley
& Associates, Inc. dated August 5, 2015 and titled "POLITICAL BOUNDARY MAP OF
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 IN THE WILLIAM
BLOODGOOD LEAGUE, A4, WILLIAM BLOODGOOD AUGMENTATION SURVEY, A-5,
CHAMBERS COUNTY SCHOOL LAND SURVEY NO. 3, A-321, CHAMBERS COUNTY,
TEXAS".
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
Cobb, Fendley & Associates, Inc.
-- - , i 2-4-77)��
William E. Merten
Texas Registered Professional Land Surveyor No. 5046
Cobb Fendley & Associates, Inc.
1506 East Broadway St., Suite 201
Pearland, Texas 77581
(281)993-4952
TBPLS Registration No. 100467
Page 6 of 6
559.6173 ACRES
V
Exhibit „D„
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