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Ordinance No. 13,143ORDINANCE NO. 13,143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459; 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 and directs the City Manager to execute and the City Clerk to attest to the Second Amendment to the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 459. A copy of such 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 vot of the City Council of the City of Baytown this the 10th day of March, 2016. S PHEN4f ATT T: ETICIA BRYSCH, City Clerk��'- .y�••���b4g049�V Yt Ar O o �q C4i� APPROVED AS TO FORM: • ` f,5 et(fNACIO RAMIREZ, SR., Ci ttorney`� CARLOS, R:1KarenTileslCity CounciFOrdinances\2016Warch 1 0`% SecondAmendment2AllocationAgreementwithHCMUD459ordinance .doc Exhibit "A" SECOND AMENDMENT TO THE UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT This Second Amendment to Utility Functions and Services Allocation Agreement (this "Second Amendment ") is made and entered into this day of , 2016 (the "Effective Date ") by and between THE CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city situated in Harris and Chambers Counties, Texas (the "City "), and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459, a political subdivision of the State of Texas created under the authority of Article XVI, Section 59 of the Texas Constitution and operating under and governed by the provisions of Chapters 49 and 54 of the Texas Water Code, as amended (the "District "). RECITALS WHEREAS, Moody Simmons Baytown, Ltd., a Texas limited partnership, and Moody Simmons Baytown II, Ltd., a Texas limited partnership (collectively, the "Developer ") and the City entered into that certain Utility Functions and Services Allocation Agreement dated March 18, 2005 (the "Agreement "), which details the terms and conditions pursuant to which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and drainage facilities needed to serve lands being developed within and near the boundaries of the District; and WHEREAS, pursuant to the terms of the Agreement, the Developer assigned all of its rights, obligations, title, and interests in and to the Agreement to the District on or about June 22, 2006; and WHEREAS, the City and the District entered into that certain First Amendment to Utility Functions and Services Allocation Agreement dated December 21, 2015 (the "First Amendment "), which made certain adjustments to the Agreement to account for the annexation of a 128.143 acre tract of land into the boundaries of the District; and WHEREAS, the District's current boundaries are more fully described in the metes and bounds descriptions attached hereto as Exhibits "A -I" and "A -II" (collectively, the "Current Tracts "); and WHEREAS, the District desires to annex the additional property, as more fully described in the metes and bounds description attached hereto as Exhibit "A -III" (the "Additional Tract "), into the boundaries of the District; and WHEREAS, the City will consent to the annexation of the Additional Tract into the boundaries of the District, subject to the execution of this Second Amendment; and WHEREAS, the parties now wish to make certain adjustments to the Agreement to account for the annexation of the Additional Tract into the boundaries of the District; Second Amendment, Page 1 NOW, THEREFORE, for and in consideration of the mutual promises, obligations, and benefits contained herein, the City and the District agree as follows: AGREEMENT 1. Recitals. The recitals set forth above are declared true and correct and are hereby incorporated as part of this Second Amendment. 2. Definitions. Unless a different meaning clearly appears from the context, words and phrases as used in this Second Amendment shall have the same meanings as in the Agreement. 3. Amendments. a. The definition of "Tract' in Section 1.1 of the Agreement shall be deleted in its entirety and replaced with the following: Tract means the 138.439 acres of land as described in Exhibit "A -I," the 128.143 acres of land as described in Exhibit "A -II," and the 5.983 acres of land as described in Exhibit "A- III ", to which the City has agreed to provide the services described in this Allocation Agreement. b. The definition of "Development Plan" in Section 1.1 of the Agreement shall be deleted in its entirety and replaced with the following: Development Plan means the conceptual plan for the development within the District attached as Exhibit "C -P' for the 138.439 acres within the Tract, Exhibit "C -11" for the 128.143 acres within the Tract, and Exhibit "C -III" for the 5.983 acres within the Tract. C. Section 1.2 of the Agreement is hereby amended to read as follows: 1.2. Exhibits. Allocation Agreement incorporated herein: Exhibit A -I Exhibit A -II Exhibit A -III Exhibit B Exhibit C -I Exhibit C -II Exhibit C -III Exhibit D Exhibit E Exhibit 1 Second Amendment, Page 2 The following Exhibits attached or to be attached to this V a part of the Contract as though they were fully 138.439 Acre Tract 128.143 Acre Tract 5.983 Acre Tract In -City Procedures Development Plan for 138.439 Acre Tract Development Plan for 128.143 Acre Tract Development Plan for 5.983 Acre Tract Right -of -way and Municipal Utility Easement Point of Connection Phased Development for 128.143 Acre Tract Exhibit 2 Off -site Waterline Connection: SE Quadrant for 128.143 Acre Tract Exhibit 3 Off -site Waterline Connection: NW Quadrant for 128.143 Acre Tract Exhibit 4 Sewer line Connection: SE Quadrant for 128.143 Acre Tract Exhibit 5 Sewer Line Connection: SW Quadrant for 128.143 Acre Tract d. Section 2.4 of the Agreement shall be deleted in its entirety and replaced with the following: 2.4 Maximum Number of Connections. The City agrees to provide up to 1,015 ESFCs to serve the District. e. Section 2.6 of the Agreement shall be deleted in its entirety and replaced with the following: 2.6 Letter of Assurance and Issuance of Assignments of Capacity by the District. The City agrees that, at such time as the District has acquired Water Supply Service or Wastewater Service from the City up to 1,015 ESFCs, the City shall, upon reasonable request, issue a letter of assurance that the District is entitled to the use and benefit of such capacity. The letter of assurance shall provide for the use and benefit of quantities up to, but not in excess of, the capacities as provided for herein as necessary for the District to provide water and wastewater services up to 1,015 ESFCs. The District shall have the right to assign all or part of its capacity on assignment forms approved by the City for reservation of capacity to landowner(s) and developer(s) within its boundaries. At such time as a landowner or developer located within the boundaries of the District requests a building permit from the City, the City shall honor such assignments of capacity or agreements; provided, however, that the City shall have no duty to honor any assignment of capacity that in the City's sole opinion was not validly issued or which will result in capacity which exceeds the uncommitted capacity reserved by the District. Any such assignment shall be subject to the restrictions noted herein. f. Section 3.1, Subsection (a) of the Agreement is hereby amended to read as follows: Section 3.1 Development Plan. The District's Development Plan for the overall development of the District is attached hereto as Exhibits C -I, C -II, and C -III. The City and the District agree that specific approvals are required for each phase or part of the Development Plan, provided, however, that the City shall not withhold such approvals if the applicable phase or part is in conformance Second Amendment, Page 3 with the Development Plan and this Agreement. In addition the parties agree as follows: (a) The District understands and agrees that a portion of the consideration for the City to enter into this Allocation Agreement is the District's obligation to develop or cause to be developed the property consistent with the Development Plan. The creation of the District and annexation of new territory into the District was predicated on the District's ability to cause the property to be developed in conformance with the Development Plan. The City and the District agree that the District will cause the Tract to be developed in accordance with the Development Plan; provided that the same complies with the Code of Ordinances. The Development Plan contained in Exhibit C -I provides for 122.3 net acres of single family development and the balance of the property shall be used for recreational facilities, stormwater detention, open spaces and roadways. The Development Plan contained in Exhibit C -II provides for approximately 100 net acres of single family development and the balance of the property shall be used for recreational facilities, stormwater detention, open spaces and roadways. The Development Plan in Exhibit C -III provides for approximately 5 net acres of single family development and the balance of the property shall be used for recreational facilities, stormwater detention, open spaces and roadways. Any material change to the Development Plan, as determined by the City, shall be approved by the City and shall conform to the then - current City standard criteria and Code. 4. Except as specifically amended by the First Amendment and this Second Amendment, the Agreement shall remain in full force and effect in accordance with its original terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in multiple copies, each of equal dignity, as of the date set forth on the first page hereof. CITY OF BAYTOWN By: RICHARD L. DAVIS, City Manager Second Amendment, Page 4 ATTEST: By: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: By: IGNACIO RAMIREZ, SR., City Attorney HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459 By:_ Name: Title: ATTEST: By: Name: Title: (SEAL) R:1Kared,Files',Contmcts` In -City MUD Agreements Second Amendmentl.docx Second Amendment, Page 5 Exhibit "A" Exhibit 'W incIudes the Tracts described in Exhibits "A-I". "A II ", and "'A-M' EXI-IIBrr A I 138.439 ACRE TRACT METES AND BOUNDS HUNTER'S CREEK BOUNDARY 138A39 ACRES 138.439 ACRES OF LAND BEING ALL THAT CERTAIN 14.727 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN CLERK'S FILE NO. X990277 OF THIS OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COMM, TEXAS, ALL THAT CERTAIN 71.570 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS, AND ALL THAT CERTAIN 52.142 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN CLERK'S FME NO X961225 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BERM SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TOM AND TIM SJOLANDER SURVEY, A-1644 HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY MEM AMID BOUNDS AS FOLLOWS: BEGINNING at a found 1 inch irmn pipe being the northeast corner ofpmvioudy mentioned 14.727 sae tract and the awd west corner of previously m=WonW 71.570 acre tract, a point on the south line of NadlepoW Road (60' R.O.W.) and having pofa having Stale Pleas Coordinates N:13866 "75, E325783637, South Central Zone; TH EMM N 77037' 10" W, along the north lice of previously mandosed 71.570 aces tract and the web line ofNeed gxiatRoad, a distanceof 819.64 fed tyoa tbmtd 1 inch iron pipe located at the amtheemt oesnv of said 71.570 ac ro tract and the northwest comer ofpreviondy mentioned 52.142 an tract; THENCE N 77 *38'25" E, along the noelh Tina of aald 52.142 an tract and the sou& line of Needlepoint Road, a distance of 812.21 feet to a found 1 inch iron pipe located at the northeast carder ofsaid 52.142 we bad and dm nordrivest corner of that cataia 43.1651 acre tract of lun i as described is deed tttcorded in Clealc's F'le No. V726885 of the OfiWml Public Reoonds of Harris County, Texas; THENCE S 12 °48'23" E, leaving the south line ofNeedlepoint Road and along the east ' line of previously mentioned 51142 am tract and tha west line of p mvionely men Boned 43.1651 acre bae>, a distsna of 2,272.45 fast to a found 518 inch iron rod with cap being the southeast coma of said 52.142 ace tract. Said point also being on the southeast line of a 50 foot wide Houston Lighting and Poway Company mm en as filed f8r record in Volume 3474, Page 14 of the Dad Records of Harris County, Texas and a point on the northwest line of a 100 foot wide Dayton -Goose Creek "way easemad as Bled for record in Volume 390, Page 431 of the Deed Records of Harris County, Ted THENCE 9 24 °48'51" W, along the outheamerly line of previously mentioned 52.142 acre tract, along the southeasterly line of previously mentioned Houston Lighting and Power Company easement and along the northwesterly line of Exhibit "A-l" 1: 12003120030MWPVluntees Creek District Boundary.doc Page 1 of 3 previously mentioned Dayton -noose Credo Railway easement, a distance of 1,325 A9 feet to a found 5/8 inch iron rod with cap. Said point being the southwest corner of said 52.142 we tract and the southeast corner of aforementioned 71.570 acre one THENCE S 24 °45'07" W, along the soudwastaly line of previously mentioned 71.570 am tmcx„ along the southeasterly line of previcusly mentioned Houston Lighting and Power Company easement and along the naUrvestaly line of previously mentioned Dayton -Goose Credo Railway easaanarg, a distance of 1291.62 feet to a found % inch iron rod for coma being the swrtbwest corner of said 7l S M acre tract and a point on the eat line of f andm=k Bemuse„ a recorded subdivision as Sled fbr record in Volume 338, Pop 106 of do Map Records of Hams County, Teams; THENCE N 13035'23" W, along tun west itirte of previcusly menftW 71.570 we tract and the asst line of previously mentioned Landmark Estate a du6moe of %5.12 feet to a found % inch iron end for canna being die nordsast corner ofprevim* mentioned Landmark Estates and to soulltust corner of McGee Place Phase Two, a recor ded subdivision as AN fbr Fro ad is Vohane 345, Page 60 of the Map Records of Haab County, Texas; 'WHENCE N 1392013" W, along the line of the said 71.570 acre bard sad the east Jim of McGee Place Phase Two, a distance of 1,530.44 fiat to a f mmd %inch irons rod fur F, now "; THENCE N 13°03'00" W, contiiming along the weat line of the 71.570 we trad and the east line of MoGee Place Pba Tvm, a distance of269A1 fleet to a hued 1 incb fan pips far corner, the Radioed canner ofMcGee Ph" Phase TWO and the qw&ma sores of that certain 19 000 acts tract of land as desorlbed in dead recorded in SO48441 ordw Official Public Records ofHatth County. Texas; THENCE N 13" 05148" W, along de west line of the acid 71.570 acre tract and Una east Ito of paeario * meffiflowd I9.Ow ace tract's dance d w.810t4pa hwd 1 bob . h= pipebeingduenottlteastoMmofsaid 19000OU.&ttaet4ad soudwastoovapoffta certain 13.210 -acre tnWt of lend as dascn'b6d in deed recorded in Clerk's File No. V229558 of the Official Pubic Records of Harris County, Texas; THENCE N 13006'03" W, continuing along the was line of said 71.570 acre treat and along the east Ctne of previously mentioned 13.210 acre trod, a diadance of 265.77 feet to a fund 1 inch iron pipe being the northeast corner of said 13.210 acre tract and the southeast corner ofthat certain 2.542 we tract of land as desmIed in deed recorded in Clerk's File No. L275249 ofdne Official Public Records of Real Property Harris County Texas: ].12003120030661WP %Huntw% Creek District Boundary.doc Page 2 of 3 THENCE N 12 °59'38" W, along the west line of said 71.570 acre erect and the east line of previously mentioned 2.542 acre tract, a dismuce of 265.03 feet to a Found A inch iron rod being the nortihaast comer of said 2.542 acre tract and the southeast comer ofthat certain 10.800 acre tnad of land as described in deed recorded in Cleric's File No. M56808S of the Official Public Records of Real Property Harris County, Texas; THENCE N 13006114" W, continuing along the weal line of said 71.570 acre tract and the east line of previously mentioned 10.800 acre tract a dih wm of 528.80 Poet to a found % inch iron rod being Oka northeast corner of p aviously mentioned l OJW acre dart and the southeast comer ofaftementioned 14.727 acre tract; 1HEMM S 77° IS'53" W, leaving the west line of sald 71.570 acre tract and along the south line of pravlously mentioned 14.727 we tract and die north line of previously mentioned 10.800 feet, a diatom of 2,430.70 feat to a found I inch iron pipe being the sohdhwrmt comer of said 14.727 acre duct and the nm*west corner of sald 10.800 arse tract. Said point also being located on the east line of Sjohaft Road (70' R,O.W.k THENCE N WW' 15" W, along the west line of previously mentioned 14.727 acre tract and the east line of Sjotender Road; a distance of 263.73 Set to a A mhd SB i mb h= rod being the notthaert cm m of said 14.727 acre tract and rho kWswdm of the east Ere on S jolsndw and dw mob fine of afinemeaffoned Naodlepoard Road; THENCE N M 1140" E, along the north lase of prtevioasiy mentioned 14.727 acre tract and the south line a Needlepoint Road, a distmhoe of 2,414.78 fast to the POW]' OF 13EGDMG and containing 138.439 acres of land. Tbis docurnot was prepared under rrtle 22 of the Timm Administrative Coda. Chq"w 663. It don not rensci dw Muhl of man the gromd survey. and is rat to be used m convoy "estobliah iatetesb implied os a WidW by the creation or reemMSmudOn of the bounden► of the polltical subdividon for which it was prepme& Texas Registradw No. 2634 JA2003%20030661WPUfunWs Creek District Boundary.doc Page 3 of 3 EXHIBIT A H 128.143 ACRE TRACT NEEM AND BOUNDS County. Harris Project Goose Crock .lob No. 159401 NOS No. 15-130 Page 1 of 3 Pages FIELD NOTES FOR 128.143 ACRES Being a tact containing 128.143 acres of lead situated in the Harvey Whiting Survey, Abstract 840, in Harris County, Texas. Said 128.143 acres being a call 32.64 acre tract of lead reearled in the name of Goose Creels Country Club in Volume 3295, Page 464 of the Hams County Deed Records (H.CrD.R ), a portion of e, call 100 acre tract of land recorded in the now of Goose Creek Country Club in Volume 3295, Page 286 of the H C.D.1L, Lots 27 — 31 of Country Club 08b Section Bight; according to the map or plat thereof recorded in Volume 316, Page 132 of the Harris County Map Records (A.C.M.Ll and Lots 23 — 25 of County Club Oaks Section B1gvm according to the map or plat thereof recorded in Volume 346, Page 130 of the ILC.M.R. Said 128.143 acres of land being more particularly described by metes and bounds as follows (Bearings are raftetuxd to, the Texas Coordinate System of 1983, South Ceat<al Zone, based on GPS observations): I gGINMG at a 3/4 inch iron pipe found at the eccommon South plat comer Vole 66, `B° Country Club Oaks Section One, according chap POD 9 offm ifLC.M &, and Ca1M Club Oaks Section TLtne, 800in8 to doom or Pw thw o of ts� iu Vabma 86► Page 7S afft ]LC.Mit and bftat tba&mhaa * comer, of Country Club Drive (60 -foot width): THENCE, through and across aforesaid 100 acres the following five (S) courr m 1.) South 03 degrees 01 minute 51 seconds East a distance of 200.00 feet to a S/8 inch capped iron rod set: 2.) Nor& 86 degmes SB minutes 09 seconds Fast, a distance of 170.00 feet to a 5/8 inch mppod inn rod set; 3) South 58 degrees 37 minutes 20 seconds East, a distance of 442.41 feet m a 518 tuck capped icon rod set; 4.) North 86 degrees S8 minutes 09 seconds Testi a distance of 240.00 feet to a S/8 inch CIPPOIL iron rod 804 3) North 03 degrees Ol miratis 51 seconds West, a distance of 450.00 feet to a 518 inch capped tam zed set; TI ME, with the South Tina of aforesaid Section Three and Country Club Oaks Section North 86 pig tD the map or plat.thereof rwmOcd In Valente 259, Page 15 of tha ELCMJL. dogreas S8 minutes 09 seconds Past,•a.distadce of 465.09 feet to a 518 lm*.capped iron rod ash: THENCE, with the Southwesterly Has of said Section Six, Country Club Oaks Seedon Seven, mordta8 to *6 MP or Flat gwmdmwxW inVoluu*277. POP 103 of the'ECM stud abrasaid Seotioth Eig�„ South 53 deg�es 4I nrimttea 0d seconds Fesk a 0 64L78 hest to a 1R inch iron. rod Hound at the Wcat orW brwdd Lot 31 cad urea South of Lot 32 of said Section Bight; Page 2 of3 Pages THENICE, with the common lime for said Lots 31 and 32, North 36 degrees 17 minutes 59 seconds Fas4 a distance of 120.49 feet (call 120.00 feet) to the North carrier of said Lot 31 and East corner of said Lot 32, $om which point a found 3/8 inch iron rod bears North 68 degreas 54 minutes 46 saonds East, a distance of 0.42 bet, and std point being on the Southwest Right-of- Way (ILO. W.) line of Country Club View (50 -foot width); THENCE, with said Southwest and South R.O.W. line of Cow►try Club View and the Northeast and North line of aforesaid Sots 27 — 31 of Section Eight and Lots 23 — 25 of Section Eleven, the Wowing five (5) Courses: 1.) South 53 degrees 42 minutes 01 secon s East, a distance of 164.41 feet to a 112 inch iron rod ft ed at a point i tr OMAN tc OW i!t 2.) 55.62 feet, 6long true orc :af traid otlrt W OM left haft a radius of 80.80 feet, a central angle of 39 degrees 26 minutes 13 secoodls "a chord which bears South 73 degrees 25 minutes 07 secondF East, a distance of 54.33.fi:rt to a 112 inch uoa rod found at a point for tangency; 3a North 86 deg"M 51 minutes 46 seotmds Fast; a distance of 46.56 feet to a 1/2 inch iron rod rv,md at div common line for said Secdone MOd and Elaveo; 4;) North SO gees 37 minutes 48 semnds Bast, a distance of 90.43 feet to a 1R inch iron rod found at a point for Curvature to the leis 54 68.57 feet AM t mOM of said am to the Iefl baying s radius of 73.00 feet, a central angle of S2 degr W 23 inhotes 01 seconds oo¢ ac drord which bears North 60 degrees 26 minutes 18 s000ads Eric. a didame Of 66.31 fe" tae S11i inch c Sped Iron rod at at the Southwest Corner of Country Club Viihag0. 8to dw map or plat* aWteaotded in Volurie 454, Page 22 of *8 ILdILIL; with the Saar mmg line of said Comry 0mb VilIsM South 55 dagraes 4S Inkodes 13 w=& East, a disW-be of 88.77 del jb jO is l3ti *wd a� of said Country drab Vii "% an Easterly corner ofel?4rdsaid'ioo and being at the Westerly R.O.W. lux of Emmett HWW 13on11wud.Sditth (44"WMU TMMM pdW Odd* a tt.Q:9Y. him 79.33 &et,.altmg arc of arum- �eagarLL arrve io flee hellhavinB $ isdita:of2'T d� . a cenlyd an& of01 degme 39 MIONOB ossaconils and a c� w. %s :. q dam lbagb�abos of second West, a'of 79.36 f,eettrf a 54 inch i>�:rod ) comer of a call 8755 square tbet tract of land recorded in the riatnif of City M in Harris Cmwdy Chuck's Frle (ILC.C.F.) No. 2386917; itGE. i�ouah a dkgeod Lot 25 of Seedop Bkyen and with the North and West lines of said 875.5 to i hnwft two (2) MOBW 1.) South 86 degrees 56 minutes 10 saxnds West a distance of 30.11 fact (ca1130.00 feet) to a 5/8 inch capyotl.hroa rod sal; 2.) 10 dspw 07 mbmmea 25 secomb Wash, at 30.00 fietlass a W iaeis_k04- od found and =Whwh* for a °10111 distepoe of 30.26 feet (oahl 30.00 fMMO the South Od -loner of odd 875.5 ague SOd Uut'rmd bft At tbr.'N & Um of a WU 7,939 sore WOU Tteet)tiact of lad recorded is to nitre of ILLAP. in Volume 3245, Pape 486 of the JLCAPL; Page 3 of 3 Pages THENCE, with said North line. South 86 degrees 56 minutes 10 seconds West, at 3,824.49 tect pass a 3/4 inch iron rod found for reference and continuing for a total distance of 3,849.88 feet to a 5/8 inch capped iron rod set; THENCE, with a Northwesterly line of said 7.939 ucm tract and a tract occupied by H.LAP. (record not found), South 77 degrees 04 minutes 00 seconds West, passing Goose Creek and continuing for a total distance of 466.73 feet to a 5/8 inch capped iron rod set; THENCE, with the call common line for aforesaid Harvey Whiting Survey and the William Scott Upper League. South 86 degrees 56 minutes 10 seconds West, a distance of 201.77 feet to a 518 inch capped iron rod set at the Southeast corner of Country Club Oaks Section One, according to the map or plat thereof recorded hi Volume 57. Page SO of the 1-I.C.M.R.; THENCE, with the Fast and North lines of said Section One, the following three (3) courses: 1.) North 03 degrees 03 minutes 00 seconds West, a distance of 1,919.61 feet (call 1,920.00 feet) to a 5/8 inch capped iron rod set; 2.) North 86 degrees 57 minutes 00 seconds East, a distance of 225.23 feet to the call centerline of Goose Creek as shown said plat of Section One; 3.) North 36 degrees 05 minutes 31 seconds East, a distance of 1.99 feet to the Southwest confer of aforesaid Replat of Reserve "B" Country Club Oaks Section One (as occupied); THENCE, with the occupied South line of said Repint of Reserve 'B" Country Club Oaks Section One, North 86 degrees 58 minutes 09 seconds East, at 301.71 feet pans a 1/2 inch iron rod fotmd for reference and continuing for a total distance of 532.00 feet to the POINT OT BEGINNfNG and containing 128.143 acres of land. THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND UNDER THE DIRECTION OF KYLE B. DUCKETT. RVLS 6340, FILED UNDER JOB NO. 159401 IN THE OFFICES OF GBI PARTNERS, L.P GBI Partners, L.P. Ph: 281.499.4539 May 26, 2015 EXHY Iff A III 5.983 ACRE TRACT METES AND BOUNDS Page 1 of i Page County: Harris Project: GCCC Club House Job No. 159403 MBS No. 15 -132 FIELD NOTES FOR 5.983 ACRES Being a tract containing 5.983 acres of land situated in the Harvey Whiting Survey, Abstract 840, in Harris County, Texas. Said 5.983 acres being a portion of a call 100 acre tract of land recorded in the name of Goose Creek Country Club in Volume 3295, Page 286 of the H.C.D.R. Said 5.983 acres of land being more particularly described by metes and bounds as follows (Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, based on GPS observations): BEGINNING at a 3/4 inch iron pipe found at the common South corner of Replat of Reserve "B" Country Club Oaks Section One, according the map or plat thereof recorded in Volume 66, Page 9 of the H.C.MJL, and Country Club Oaks Section Three, according to the asap or plat thereof recorded in Volume 86, Page 75 of the H.C.M.R., same being at the Southeast terminus corner of Country Club Drive (60 -foot width) and being on the North line of said 100 acre tract; TIIENCE, with the common line for said 100 acre tract and said Section Three, North 86 degrees 58 minutes 09 seconds East, a distance of 775.00 feet to a 518 inch capped iron rod set; 'ITEEENCE, through and across afDresaid 100 acres, im following five (5) courses: 1.) South 03 degrees 01 mim 51 seconds Fast, a distance of 450.00 feet to a 518 inch capped iron rod set; 2.) South 86 degrees 58 minutes 09 seconds West a distance of 240.00 feet to a 518 inch capped iron rod set; 3.) North 58 degrees 37 minutes 20 seconds West, a distance of 442.41 feet to a 518 inch capped iron rod set; 4.) South 86 degrees 58 minutes 09 seconds West, a distance of 170.00 feet to a 5/8 inch capped iron rod set; 5.) North 03 degrees 01 minute 51 seconds West, a distance of 200.00 feet to the PUINT OF BEGMING and containing 5.983 acres of lend. TEN DE,SCRIM0K WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND UNDER THE DIRECTION OF KYLE B. DUC IT, RPLS 6340, TILED UNDER JOB NO. 159401 IN THE OFFICES OF GBI PARTNERS, L.P GBI Partners, L.P. Ph: 281.499.4539 June 11, 2015 Exhibit "El" ARTICLE Vii. - IN-M MUNICIPAL UTILITY DISTRICTS Sec. 98 -701. - Policy. There Is hereby adopted a policy and plan establishing the conditions under which a municipal utility district may be formed within the corporate limits of the city, which shall read as follows: The following berms. conditions and standards establish the basis under which the city council may consent to the formation of a municipal utility district within the corporate limits of the city In writing. (Ord. No. 10003, § 1, 2 -10-05) Sec. 98-702. - Resolution to create a municipal utility district (a) The city's consent to the creation of a municipal utility district proposed to be formed within the corporate limits of the city under the Texas Water Code and the Texas Cionstihitlon Section 59. Article)M, shall be evidenced by the adoption of a resolution. (b) No resolution shall be adopted consenting to the creation of a municipal utility district unfit the city council finds that the proposed municipal utility, district (1) will be an economically feasible and sound development benefiting the city, (2) will not adversely affect the existing city water, sewer and storm fadildes or other city utilities or city functions, and (3) will not Increase the dty's taxes or utility rates or adversely Impact the city's financing or bond rating, and that (4) all of the conditions imposed by hi s article have been agreed to by the majority in value of landowners within the proposed municipal utility► district. (Ord. No. 10003, § 1, 2 -10-05) Sec. 98 -703. - Conditions to creation. The following conditions shall apply to every municipal utility dis6lct within the city: (1) The municipal utility district may acquire property outside Its boundaries with prior written ant of the city only for purposes of providing stormwater drainage and detention. potable water disMbution, wastewater collection, and for other purposes permitted by law. provided that no land shell be annexed or added to the municipal utility d Mot unless the city has giver its written cent by resolution of the city council to such addition or annexation; (2) � y property �id b boundaries without t prior written consent of � c h services (3) owned or control d by the municipal u" district for any property or d boundaries without the prior written consent of the city. (4) The municipal utility district shall pay the actual costs Incurred by the city for legal. engineering and ftnandel advisory services In connection with the allocation agreement (hereinafter defined) and the adoption of a resolution consenting to creation of the municipal utility district (5) The facilities to be constructed by the municipal utility district shag be designed and constructed in compliance with d applicable requirements and criteria of the gWcable regulatory agendas and subject to the applicable provisions of the city's resolution granting a petition for inclusion of certain territory In the municipal utility district (the "consent resolution`); Page 1 (8) Prior to the sale or offer to sell any bonds of the municipal ON district, the berms and conditions In this subdivision and the consent resolution must be approved and raffled in an Instrument executed by the governing body and officers of the municipal utility, and such Instrument must be delivered to the city allomey, (7) The city shall not allow any connection to be made to the municipal utility district's wastewater system wffJl. with respect to such connection: a. The municipal utility district has issued an assignment of capacity specifying the number of gallons per day of water supply and wastewater treatment allocated for such connection, and has provided a copy thereof to the city manager, b. The city has Inspected the connection and premises and has Issued a building permit for that connection; and c. All buildings or structures served by connections shell be located entirely within the boundaries of a lot or parcel shown in a plan, plat or replat tiled with and finally approved by the city and duly recorded in the official records of the county where the property Is located (provided this limitation shall not apply If no plan, plat or replat Is required by applicable state statutes or city ordinances); (8) Unless and until the city shall dissolve the municipal utility district and assume the propertles, assets, obligations and liabilities of the municipal utility district, the bonds of the municipal utility district, as to both principal and interest, shall be and remain obligations solely of the municipal utility district and shall now be deemed or construed to be obligations or Indebtedness of the City. (9) All contracts with third parties for construction of water, wastewater and stormwater facilities to serve the proposed municipal utgly district will contain the following provisions: a. A requirement that all plans and specifications for construction of improvements or modification of improvements which are to be built to serve the municipal utility district and/or require approval of the Texas Commission on Environmental Qua* be prepared in accordance with the than adopted city specifications and requirements for such fadlides and delivered to the city for approval prior to submission to the Texas Commission on Environmental Quality. Ail plans and spedflcations presented to the bidders shall be approved by the city In writing prior to advertising for bids. b. A requirement that prior to the construction of such facilities within the municipal utility district's territory, written notice by registered or certified mail be given to the city, stating the date that such conswctlon will commence; c. An agreement that all construction or modification of improvements to serve the municipal utility district will be subject to periodic Inspections by the city or its duly authorized agent and that no underground Improvements will be baddtiled prior to inspection and written approval by the city; d. All contracts for construction of Improvements will be awarded In compliance with the terms contained within public bidding statutes in Chapter 49 of the Texas Water Code; if the municipal utility district Is performing the services, the same berms and conditions as set forth herein shag be applicable to the municipal utility district. (10) As the municipal utility district's feclNes are acquired and constructed, the municipal utility district shall convey the some loo the city, including all warranties relating to the facig6ew, provided, however, that the municipal utility district shall not convey. and the city shall not accept, stormwatsr detention systems; (11) As acquisition and/or construction of each phase of the facilities Is completed, representafivves of the city shall Inspect the some and, N the city finds that the same has been completed In accordance with the final plans and specifications, the cry will accept the same, whereupon such portion of the facilities shag be operated and maintained by the city at Its sole expense; Page 2 provided, however, that the city shall not accept. or operate and maintain, stonmrvaler detention systems, and further provided, however, that in the event that the facilities have not been completed In accordance with the Mal plans and specifications. the city will Immedieteiy advise the municipal utility district In what manner said fadli les do not comply, and the municipal utility district shall immediately correct the same, whereupon the city shall again inspect the facilities and accept the some N the defects have been corrected; (12) The city shall bill and collect from customers of the facilities and shall from time to time fix such rates and charges for such customers of the facilities as the city, In Its sate discretion, determines are necessary, provided that the rates and charges for services afforded by the facilities will be equal and uniform to two charged odw similar claseltications of users in nomnuntdpal utility district areas of the city; and all revenues from the facilities shall belong exclusively to the city without rebels of such revenues to the municipal utility district, (13) Ume time by the city. provided the charge Is equal to it* S determined ums charged other users for comparable connections; and the connection charge shall belong exclusively to the city; (14) The munldpal utft district Is authorised to assess. levy and collect ad valorem taxes upon all taxable properties within the municipal utility district to provide for (a) the payment In full of the municipal utility district's obligations, including principal, redemption premium, if any, and Interest on the bonds to be issued by the municipal utility disMat and to establish and maintain any Interest and sinking fund. debt service fund or reserve fund. (b) for administration, operation and maintenance purposes. all In accordance with applicable law and (c) to pay expenses of assessing and collecting the taxes. The city will levy and collect ad valorem taxes upon all taxable properties in the city. including the municipal utility district (18) Unless the municipal utility district is In default under the terms of its allocation agreement after reasonable opportunity to cone, the city shall not dissolve the municipal utility disMct until the water, wastewater and drainage utilities required to serve the municipal utility district have been completed and bonds Issued by the municipal utility district to twos same; and the city shall afford the municipal utility district the opportunity to dischmge any obligations of the municipal utility dh Met pursuant to any existing agreements of the municipal utility district with third parties for construction of facilities, by either (a) authorizing the municipal utility district to sell its bonds before or during a transition period prior to the effective date of dissolution, as established by the city. (b) issuing bonds and selling bonds of the city pursuant to Vernon% Texas Codes Armotab4 Local Government Code Section 43.080, as amended. in at Mad the amount necessary to discharge the municipal Wily district's obligations, including those under any such agreements. or (c) providing written notice to the municipal utility district that the city has suRident funds available from cow sources to discharge the municipal utility district's obligations. Including those under any such existing agreements with third parties. The city shall have the right to dissolve the municipal utility district if construction of water, wastewater or drainage utilities required to serve the municipal utility district does not begin within 36 months of execution of the allocation agreement (16) All city ordlnances and codes, Including applicable permits, fees and Inspections. shall be of full force and effect within the bourWartes of the municipal utility district in the same manner as with respect to other areas within the city's corporate Iknits, except as spe Pill caUY herein provided otherwise; (17) No bonds, other than refunding bonds, or notes of the municipal utility district shall be issued or sold unless not less than 20 days following the filing of an application with the Texas Commission on Environmental Quality for the approval of projects and bonds, the municipal ud ty district. provides the city with a copy of such application and not less than 30 days prior to publication of notice of sale, the municipal utility district provides the city with a copy of the staff memorandum of Texas Commission on Environmental Quality approving the projects and bonds, a copy of its proposed bond order, preliminary official statement, bid form and notice of safe and the following criteria are met Page 3 The municipal utility district shall not issue bonds unless the following conditions have been satisfied: a. The municipal utility district shag not Issue any bonds, other than refunding bonds, unless the purpose for which the proceeds of such bonds may be used Is limited to one or more of the following and no others: 1. Designing, purchasing and/or constructing or otherwise acquiring (i) Waterworks facilities to provide water supply for municipal, domestic, and commercial uses, excluding industrial uses, (U) Wastewater facilities to collect, transport, process, dispose of and control all domestic or communal wastes. excluding industrial waste, whether in fluid. solid or composite state, or (Ui) Sfornwater drainage and detention Willies to gather, conduct, divert and control local stornwater or other local harmful excesses of water In the municipal utility distritri. 2. Purchasing, constructing, owning, operating. repairing, improving. extending or otherwise acquiring interests in real property. Improvements. facilities. appliances. equipment buildings. plants or structures necessary or incidental to the operation of waterworks facilities. wastewater facilities. or stormwater drainage facilities. Proceeds of the bonds for costs of operations of the municipal utility district shall not exceed ten percent of the Issuance amount; and 3. All costs of issuance of the bonds (including but not limited to legal fees, financial advisory fees, administrative and organizational fees and expenses and costa of operations during constriction, bond discount, capitalized interest, developer barest creation costs, pfirting expenses. publication expenses and contingencies relative to facilities not yet under contract): Proceeds of the bonds for costs of operations of the municipal utility district shall not exceed tan percent of the Issuance amount. b. The municipal utility district shall not sell or Issue any bonds unless: 1. The farms of such bonds expressly provide that the municipal utility district reserves and shell have the right to redeem the fronds not later than the 15th anniversary of Be darts of Issuance, without premium; 2. The bonds, except refunding bonds, are sold after the taking of public bids therefor; 3. None of such bonds and bonds acid to a federal or state agency, other than refunding bonds, Is sold for less than 95 percent of par, 4. The net eftecdve interest rate an bonds so sold, taking Into account any discount or premium as well as the Interest rate borne by such bonds, does not exceed two percent above the highest average Interest rats reported by the Dally Bond Buyer In its weekly W Bond Inde)' during the one -month period next preceding the date notice of the sale of such bonds Is given and bids for the bonds will be received not more than 45 days after notice of sate of the bonds Is given; 5. The maximum term of any debt Issuance shall be no greater than 25 years; 6. The minimum par amount of any bonds Issued. except a final Issue, shall be $1.000,000.00; 7. Each Issue of bonds shall be structured to achieve either level principal payments or level debt service payments, excluding the first two years of debt service; 6. The municipal utility district strap submit to the city pro forma cash flows prepared In a manner consistrunt with the financial feasibility rules of the Texas Commission on Environments! Quality evidencing a municipal utility district tax rate (both maintenance Page 4 and operations rate and interest and sinking rate combined) not to exceed $1.60 per $100.00 assessed valuation; and 9. Each bond lssue shall not include more than two years of capitalized interest. The city staff shall review the documents required to be provided hereunder and the evidence of compliance with the foregoing criteria within 15 days foflowing recelpt of same. H the city staff gives a favorable approval of the bonds. an Item VIII be placed on the next available regular or special council meeting agenda for oonsideretion by the city council. The Issuance of bonds by the municipal utility district must be approved by the city council of the city. or Its designee. Any costs Incurred by the city in connection with review of the Issuance of bonds shall be paid by the municipal utility district. In an amount not to excead $2,500.00, c. The municipal utiffty, districts resolution authoring the issuance of the municipal utility distrids bonds must contain a provision that the pledge of the revenues from the operation of the municipal utility district's water and sewer andfor drainage system to the payment of the municipal utility district's bonds will terminate when and If the city takes over the assets of the municipal utility district and assumes an of the obligations of the municipal utility district. (18) The city acknowledges that a municipal utility district has authority to assess an unlimited tax for payment of debt service. However. prior to implementation of any increase in tax rate above its Initial rate, the municipal utility district shall make a formal presentation to city council explaining the need for the Increase. at which time residents of the municipal utility district shall be given an opportunity to be heard. Notice of such presentation shall be sent to each owner of taxable property within the municipal utility district as reflected on its most recent certified tax roll. This provision shall be in addition to any requirements of notice and hearing which may be contained in the Twtes Water Code and In the Texas Tax Code which apply to the municipal utility district; (19) In addition to the Information the municipal Willy district Is required to file of record as required by the Texas Water Code. the municipal utility district shaft annually deliver to each property owner within the municipal utility, district, as reflected on its most recent certified tax roll, written notice of the existence of the municipal utility disMct and Its right to assess taxes In addition to time assessed by the city. Such notice shall also contain a reference to the allocation agreement, the consent resolution and this paragraph. Such notice shall advise the property owner that such documents are available for inspection during regular business haws in the municipal utility dWft s office; (20) The majority in value of landowners within the proposed municipal utility district shall enter into a ul ty functions and services allocation agreement ('allocation agreement") with the city, which shall contain the terms and conditions set forth In this section, as well as other terms and cx>:udtilons winch may be agreed to by the city or Imposed herein. The allocation agreement shall be assigned by the proponent to the municipal utility district upon Us creation; (21) The allocation agreement stall be entered Into simultaneously with the adoption of the consent resolution; (22) The municipal utility district shall establish an of lal meeting location within the corporate limits of the city and at all times after the municipal utility district has 100 residential moons shall hold the meetings of its board of directors at such location; (23) In addition to any other notice requirements applicable to the municipal utility district the municipal utility district must post an agenda of the meetings of Its board of directors at all primary entrances to the municipal utility district and at the location designated for notices at city hall not less than 72 hours prior to any meeting. An agenda shall also be provided to the city manager of the city prior to any meeting of the board of directors. Page 5 (24) The official office for recordkeeping of the municipal utility district must be accasslbte to the district's residents and shall not require a long distance phone cap for a district resident to contact the official office for recordkeeping; (25) The municipal uglily district shall comply with all applicable requirements of the Texas Commission on Environmental Quality regarding the display of atgnage at entrances into the municipal utility district. The city may specify other conditions with which the municipal utility district must canply In this code, the resolution consenting to the creation of the municipal utility dWK and/or the allocation agreement. (Ord. No. 10003, § 1, 2- 10-05) Sec. 98 -704. - Petition for creation of municipal utility district. Upon the presentation of a petition for consent for the creation of a municipal utility district within the corporate limits of the city, the majority in value of landowners within the proposed municipal utility distrrict shall: (1) Present evidence that the proposed municipal utility district contains 100 or more acres: present evidence that the petition Is filed on behalf of the majority In value of landowners within the proposed municipal utility district: and show that the proposed municipal utility district is wholly within the corporate limits of the city; (2) Present a preliminary report describing the municipal utility district and proposed use of the land within the municipal utility district showing that the proposed municipal utility district and land use are feasible; (3) Present an estimate of assessed valuation of the municipal utility district showing the value of properly as it exists on data of the petition; a build -out sdcedule showing the projected value of the property when 60 percent of the projected vertical Improvements for the municipal utility district. exclusive of wastewater, water, sewer and drainage improvements, have been completed; and stowing the projected value of the improvements upon completion of the development within the municipal utility district; and (4) Agree that the mql&* in value of landowners within the proposed municipal utility district shall develop the property for the purposes substantially as described In the preliminary report, except as may otherwise be agreed by the proponent and the city, and that prior to commencement of any Improvements, will comply with ail provisions of the subdivision ordinances and zoning ordinances of the city. (Ord. No. 10003, § 1, 2 -10-05) Sec 98 -705. - Other requirements. (a) The city reserves the right to impose other specific requirements FeMM to a given municipal utility district including, but not limited to park requirements, construction material for houses and other buildings, amerdites, and minbnum lot sizes, which shall be agreed to and set forth in the allocation agreement (b) The land within the district will be developed in accordance with the general plan to be approved by the CRY. (Ord. No. 10003, § 1, 2- 10-05) Sec 98 -706. - Abolitiort. Page 6 it is the policy of the city that a municipal Willy distrid created within the city should not be abolished until such time as it has retired all of its outstanding bonded indebtedness, so that the citye taxpayers outdde the municipal uti8ty district shell not have to pay off all or any part of the bonded Indebtedness buxered by the murMW utility district. The city does reserve the right to abolish any murddpal UM d WcL regardless of whethw it has any outstanding debt. if It Is deemed to be in the best Interest of the City. (Ord. No. 10003, § 1, 2- 10-05) Sec. 9 8-707. - City services. The city shall provide fire, police and obw general city services to the areas within the municipal Willy district similar to those provided In similary situated nonmurddpal utility district areas of the city. Dlff rW levels of service may be provided B Werent characteristics of topography, land uses and population density oonsdh to a sufliclent basis for providing ddferent levels of service as determined by the city. (Old No. 10003, § 1, 2 -10-05) Page 7 :o a6 0 lies Ic WOL 0 L,; c `f 0 c•tvy a�� �. ILA Lit �Ll (iv�t7 i•- } a to FFt �V secs• p`' �� R}�Li K;L`� ✓ Lam• � J ~ `} J tl ► a, =a a) �V. `y.a 41�r a�V �i�t w.. V•' G to l� IL efts itas� J.t�►�ttJ L� ■ t} • a t v >J V • p >a • 4L LY st IL Ll L3 y n V ' L't f f.1 �5� L } L% t V V ILI i} , _7 R� d.1 � V s �� V 47%A t » V U IL's • }'�� �� � �} ~its tt � *'' as ST A;V�VaI j R. O L V tV U V. } L2 t'A : 6 lr!� irA a_:r Exhibit 'C-11* �- -• ._.,•"r, as e a � t / iwt/.� .• �• .l i yyi .�I 4 Exhibit "C -111" to 104 f i y m �J ni W V ' U G! Q 0 o0 I st a a El L a Exhibit "VP Right -of -way and Municipal Utility Easement The legal descriptions of the following are attached as follows: zxbibk Acres tbhs `ID-1" 0.188 acres 10' ' 10' . 10' ' -of- t-of- -of- out of the 71.570 acm tad out of dw 14.727 acm tract out of the 52.142 acre tasat "D.2" 0.544 acres "D-3" 0.186 acres `�-4" 0.376 aches. 20' udi out of the 71.570 acre tract "D-5" 1 1.109 gem 20' munidpW utility cowneat out of the 14.727 acre tract "D-6" 0.373 acres 20'MURICiPW vWW out of haw 52.142 acre tract 71.570 ACRE TRACT NBBDLBPOINT ROAD 10' RIGHT -OF -WAY WIDMONG 0.188 ACRES 0.188 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND BEING SITUATED IN THE WRMAM BLOODGOOD SURVEY, A4, HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MBB'T S AND BOUNDS AS FOLLOWS: BEGINNING at a found I inch iron pipe being the northwest comes of said 71.570 acre tract and being the northeast corner of that certain 14.727 acne tract of land as evidenced in deed fled in Clerk's File No. X990277 of the Official Public Records of Real Propeny Harris County, Texas and being in the south line of Needlepoint Road (60' R.O.W. ) and laving point having State Plane Coordinates N:138M30.75, E:325783637, South Central Zone; THENCE N 77°37' 10" E, along the north line of the previously mentionW 71.570 ace trail and the south We of Needlepoint Road, a distance of 819.64 feet to a found 1 inch iron pipe for comer being the northeast corner of said 71.570 acre had and the northwest comer ofthat curtain $2.142 acre tract of land as evidenced in deed filed in ClaVs File Nor X961225 of the Official Public Records of Real Property Harris County, Texas; THENCE S 12°51114" E, along the east line ofthe aforementioned 71.570 acre tract and the west line of the previously mentioned 52.142 acne tract, a distance of 10.00 feet a point for corner; TIJENCB S 77038,25" E, leaving the east line of the aforementioned 71.570 acrd tract and the west line of the previously mentioned 52.142 acre tract, a distance of 0.08 feet to a point for corner; THENCE S 77°3710" E, a distance of 819.56 fat to a point for coma being on the west line of aforementioned 71.570 acre tract of land and on tiro east line of the earlier mentioned 14.727 acre tract THENCE N 12 050'54° W, along &a west line of the aforementioned 71.570 acre tract and the east line of the previously mentioned 14.727 acre tract, a distance of 10.00 feat to the POINT OF BEGINNING and containing 0.188 acres of land. C:1Docunmis and 3ettingsMaren.Hwneri "d Setdnp%Tempwmy Internet FileAOLMMeedlepoint IV Widening - 71570 Acne Tract (2).doc Page 1 of 1 14.727 ACRE TRACT NBBDLEPOINT ROAD 10' RIGHT -0F -WAY WIDENING 0.5S4 ACRES 0.554 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS SVIDENC® IN DEED FUM IN CIERVS FILE NO. X990277 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BE NG SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4. HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: BEGINNING at a found 1 inch iron pipe being the northeast comer of previously mentioned 14.727 acne tract and the northwest corner of that certain 71.570 acre had of land as evidenced in deed recorded in Clerk's File No. X633713 of the Official Public Records of Real Property Hams County, Texas and being in the south line of Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinatce N:13866344.75. E:32S783637, South Card al Zone; THENCE S IrSWSC E, along the east line of the aforementioned 14.727 acre tract and do west line of previously mentioned 71.570 acre tract, a distance of 10.00 feet to a point for coma. THENCE. S 77 037'10" W, leaving the east line of tie aforernem OMA 14.727 acre bast and the west line of the previously mentioned 71.570 acne tract, a distaaoe of 0.04 feet to a point for corner; THENCE S 77°11'40" W, a distance 2,415.34 fed to a point far corner being located on the west lone of the aforementioned 14.727 acre tract and a point otr the ens; line of Sjolander Road (70' R.O.W ); THENCE N 09123'15"W. along the west line of the aforementioned 14.727 acre tract and the east line of previously mentioned Sjolander Road, a distance of 10.02 feet to a found 518 inch iron rod for comer being the intersection of the east line of Sjolander Road (70 toot R.O.W) and the south line of earlier mentioned Needlepoint Road; THENCE N 77°11'4V E, along the north line of the aforementioned 14.727 acre tract and the south line of previously mentioned Sjolander Road, a distance of 2,414.78 feet to the POINT OF BEGRMING and containing 0.554 acres of land. C- Mmuments and SettingslKarea.HornwV ocal SettingsWemporary Internet Fi1r8VOLX6DWeedlepoint I& Widening -14 727 Acne Tract (2)Aw Page 1 of 1 52.142 ACRE TRACT NEEDLEPOINT ROAD 10' RIOHT-OF WAY WIDE GNO 0.186 ACRES 0.186 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS . EVIDENCED IN DEED FILED IN CLffiWS FILE NO. X961225 OF THE OFHICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, MAS AND BEM SITUATED IN THE WKMAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: BEt3MMG at a found l inch iron pipe being the northwest corner of said 52.142 am tract and being the northeast corner of that certain 71.570 acre tied of land as evidenced in deed filed in Clerk's Files No. X633713 of the Official Public Records of Real Property Harris County, Texas and being in the southerly line of Needlepoint Road (60' R.O.W. ); THENCE N 77°38'25" E, along the north line of die previously mentioned 52.142 acre bid and the south lime of Needlepoint Road, a distance of 812.21 feet to a found 1 inch iron pipe for corner being the nordmat corner of said 52.142 acre tract and the northwest comer of that certain 43.1651 sore had of hued as evidenced in deed fled in Glade's File No. V72605 of the OfiEichd Polio Records of Real Property Hams County, Texas; THENCE S 12 °4873" E, along the east line of the a6m - , -- meationed 52.142 acre tract and the west line of the previously mentioned 41.1651 acre tract, a distance of 10.00 feet a point for comer, THENCE S 77°38'25° W, leaving the cast line of the aforementioned 52.142 acre tract and the west line of the previously mentioned 41.1651 acre tract, a distance of 81220 to a point for comer being on the west line of the afa toned 52.142 acre tract of land and on the east line of the earlier mentioned 71.570 acre tract THENCE N 12 °51'14" W, along the west line of the atbi+enneationed 52.142 acre tract and the east lint of the previously mentioned 71.570 acre trace, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.186 aces of land. C:1Docu and Sett. *BVCaren.Homer%acW SettinoTen p uwy Internet FiiledOL IMNicedlepoint 10' Widening - 52142 Acre Trsct.doe Page 1 of 1 71570 ACRE TRACT 20' MUNICIPAL UTILITY BASEMENT 0.376 ACRES 0376 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND BEING S17 UATBD IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: COb1 MCING at a found 1 inch iron pipe being the northwest corner of said 71 .570 we tract and being the northeast corner of that certain 14.727 acre tract of land as evidenced in deed filed in Clerk's File No. X990377 of the Official Public Records of Real Property Harris County, Texas and being in the south line of Needlepoint Road (60' RO.w. ) and having point having State Plane Coordinates N .- 1386CM.75, 8:3257836.37, South Central Zone; THENCE S 12050'SC E, along the west line of previoudy mentioned 71.570 acre tract and the east line of previously mentioned 14.727 acre tract, a distance of 10.00 feet to POINT OF BEGINNING; THENCE N 77°37' 10" B, leaving the west lime of previously► mentioned 71.570 acre tract and the east line of p mviousbr wed 14.727 acne trad, a distance of 819.56 feet to a point on the asst line of said 71.570 am tract and a point on the west line of that certain 52.142 acre tract of land as evidenced in deed Bled in Clerk's File No. X961225 of the Official Public Records of Real Property Harris County, Texas; THENCE S 1215111411 E. along the east line of the aforementioned 71.570 acre tract and the west line of the previously mentioned 52.142 acre tract, a distance of 20.00 feet a point for comer; THENCE S 7703875" E, leaving the east line of the aforementioned 71.570 acre tract and the west line of the previously mentioned 52.142 acre tract, a distance of 025 feet to a point for concern; THENCE S 77°3710° B, a distance of 81939 feet to a point for career being on the west line of aforemettioned 71.570 acre tract of land and on the east line of the earlier mentioned 14.727 acre but THENCE N 1205WS40 W, along the west line of the aforementioned 71.570 acre UW and the east line of the previously mentioned 14.727 acne tract, a distance of 20.00 fed to the POINT OF BEGDINING and containing 0376 acres of land. C:MDoctmnents and MlLo W Settinvuemporary Internet FileMOLK6D12V MUE .71570 Acre Tntct (2)Aoc Page 1 of 1 14.727 ACRE TRACT 20' MUNICIPAL UT1L1TY BASENMNT 1.109 ACRES 1.109 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X990277 OF TIM OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: COMENCING at a f nmd 1 inch iron pipe being the northeast corner of p+avkmly mentioned 14.727 acre pact and the nm*west comer of that certain 71.570 acre tract of land ea evidenced in deed recorded in Clerk's File No. X633713 of the OMW Public Records of Real Properly Harris County, Turns and being in the south line of Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinates N:13966344.75, B:32SM637, South Central Zone; 7MwCE S 12050'54" E, along the east line of the aforementioned 14.727 acre tract and the west line of previously mentioned 71.570 acre tract, a distance of 10.00 feet to the POINT OF BEGINNIN&, THENCE S 12°50'34" A cmdmeog alongtarn gad line ofthe aforemenoioaled 14 .727 acre tract and the west line cfpwviou* mentioned 71.570 am tract, a distance of 20.00 feet to a point for corner. THENCE S 77037'10" W, leaving the east line of the previously mentioned 14.727 acre tract and the west lime of the pwvio%* mentioned 71.570 acre trsot, a distance of 0.13 foes to a point far corner THENCE S 77°11'40" W, a distance 2, 416.46 feet to a point for oorner being located on the west line of the aforementioned 14.727 acre tract and a point on the east line of Sjolander Road (70' R.O.W ); THENCE N 09023' 1 S" W, along the west line of the aforementioned 14.727 acre had and the east line of previously mentioned Sjolander Road, a distance of 20.04 feat to a point for owner; THENCE N 77°1 1'40" E, leaving the east line of Sjolander Road, a distance of 2,413.34 feet to a point for comer; THENCE N 77°37110" E, a distance of 0.04 feet to the POW OF BEGINNING and containing 1.109 styes of land. C:1Doccume and SettingslKarea.HornerlI.oca1 Setthwaemporary iiatemet PnesWLKM20' MUE • 14 727 Acre Tract doe Page 1 of 1 52.142 ACRE TRACT 20' MUNICIPAL UTILITY EASEMENT 0373 ACRES 0373 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS I3VIDENCED IN DEED FLED IN CLERK'S FILE NO. 3361225 OF TIIB OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A4, HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS: CONII MCING at a found 1 inch iron pipe being the northwest corner of said 52 .142 we tract and being the northeast comer of that certain 71.570 acre tract of lead as evidenced in deed Sled in Clerk's Files No. X633713 of the Official Public Records of Real Property Harris County, Texas and being in the southerly lime of Needlepoint Road (60' R.O.W. ); THENCE S 12 °51' 14" E, along the west line of previously mentioned 52.142 am tract and the east line of p z-Aously mentioned 71.570 acre tract, a distance of 10.00 feet to the POINT OF BEGINNING; THENCE N 7r=5-13, leaving the west line of previously mentioned 52.142 acre tract and the east tine of previously mentioned 71.570 acre tract, a distance of 812.20 feat to a point for corner being on the east line of said 51142 acne tract and on the west line of that certain 43.1651 acre tract of land as evidenced in deed filed in Clerk's File No. V726885 of the Official Public Records of Real Property Harris County, Texas, THENCE S 12 04873' E, along the east line of the aforementioned 52.142 acre tract and the west line of the previously mentioned 41.1651 acre tract, a distance of 20.00 feet a point for canner•, MM94CE S 77°3875° W, leaving the east line of the afanementioned 52.142 acre tract and the west line of the previously mentioned 41.1651 acre tract, a distance of 812.I8 to a point for comer being on thawed line of the afore entioned 52.142 acre tract of land and on the east line of the earlier mentioned 71 .570 acre tract; THENCE N 1205114" W, along the west line of the afmane Boned 52.142 acre tract and the east line of the previously mentioned 71.570 acre trace, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0373 acres of land. CADocuments and SettinpWaren.Homerii oval SettinpWamporary Internet Files101.K6DUW MUE - 52142 Acre Tract (2).doc Page 1 of 1 Exhibit "E" Paint of Connections The location of die oleo of the wastewater collection line from domct to tha City's waamaw collection qwm " be at it location mutually apemble to the City and die DevelW- polp Solo 0 n � li i MONO' I INS Ism, IS kM him Ix in X11111 ►��� ,�; �.�' M 1w PRO C M GC S LE 4 U. a • 1 ., • a 12 - rl. • Z Elf • • ��i f • ' i sill 0) j t I I 1 f r{7 tta s .. . e WA L4 "Vc Fwa �! 1 L rz�t i sit .> Sj4b at fit• �. '=:r`�'$_ " ° :: � r ` r t td's 'a .: c t �..:�y vY Yr.•1 � � 70— c s Nt�:L���ti ��L•ai -'c . 3i�lLt,\::d7� ���'- ,���1�� �i�.t_:" l�j��,. �.tii I.