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Ordinance No. 13,288ORDINANCE NO. 13,288 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 DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 230.36 -ACRE ANNEXATION; 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 and City Clerk of the City of Baytown to execute and attest to the following Development Agreements with the following property owners within the proposed 230.36 -acre annexation: Copies of said Development Agreements are attached hereto 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 affirn Baytown, this the 22nd day of September, 2016. ATTE T: LE ICIA BRYSCH, City CfeJ APPROVED AS TO FORM: ACID RAM IREZ, SR., Ci VA torney A epYTOW,y� v OF Ri%KarenTiles-City Council, Ordinances\2016% September 22' DevelopmentAgreementOrdinance .doc ;y of Exhibit Name UICAI) Account Ninuber Angel Brothers 0440150000171 A Properties, LLC 0440150000020 0440150000170 B Barkaloo 55 Limited 0440150000001 Copies of said Development Agreements are attached hereto 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 affirn Baytown, this the 22nd day of September, 2016. ATTE T: LE ICIA BRYSCH, City CfeJ APPROVED AS TO FORM: ACID RAM IREZ, SR., Ci VA torney A epYTOW,y� v OF Ri%KarenTiles-City Council, Ordinances\2016% September 22' DevelopmentAgreementOrdinance .doc ;y of Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This Development Agreement ("Agreement') is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner'). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(bx1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Reme&q. The Owner acknowledges that if (i) any plat or related development document is filed in violation of this Agreement, (ii) the Owner commences construction on or development of the Property in violation of this Agreement, or (iii) the Property ceases to be used or appraised for agricultural, wildlife management or timber use, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the F--177-71 7/!711 .1! ..11 . - Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have ender Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of inflrestructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The team of this Agreement (the "Term') is seven (7) years from the date of execution by the City Manager. 7. Exnimdou of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have tiled a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate daring the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. lnfra9tructure Impmvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner finther acknowledges that any additional infiastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Munici Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to fumish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership Interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Sevmbilitr. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non - waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Page 4 (fj Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Iw,. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the teams of this Agreement. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) CooW parts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) EyglSreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Com lA_areement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terns and conditions of this Agreement. (m) Authorit,�. The Owner covenants that helshelit has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of . 2016. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager DMIOMMMLAWNWRL Page 5 Entered into this day of . 2016. OWNER: ANGEL BROTIRS PROPERTIES, LLC GAR L, Member STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the Lday of i 2016, by GARY ANGEL, Member of ANGEL BROZ RT1ES, LLC, er of the above - referenced property. Notary PbftL State of Texas STATE OF TEXAS § y9 -4, Q) COUNTY OF HARRIS § This instrument was acknowledged before me on the day of . 2016, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 P- %rn=Wfld CaausetelDavd"W" Agre=ft - Ar4d Btaft hopatie 2016.doo 7 77;1-7771, Legal Description: Property Address: HCAD No. Legal Description: Property Address: HCAD No. Legal Description: Property Address: HCAD No. ]hitfttA," Pale Soto Exhibit "A" TR 25 ABST 591 D MCFADDEN 0 CEDAR BAYOU LYNCHBURG RD BAYTOWN, TX 77521 0440150000171 PT TR 3 (AG -USE) ABST 591 D MCFADDEN 0 CEDAR BAYOU LYNCHBURG RD BAYTOWN, TX 77521 0440150000020 TR 25A ABST 591 D MCFADDEN 0 CEDAR BAYOU LYNCHBURG RD BAYTOWN, TX 77521 0440150000170 OFTEXAS PLAZA 1_ NAY WE GRAY " SPORTS COMPLEX z EAR KALOO PARK BLUE HERON PARK 1.; WL JENKINS PARK 4 , Blue Heron Parkway Annexation Annexation of approximately 230.36 Acres along Blue Heron Parkway C3Anwe 110n A,va Sugoct Propmtba Parka City U-nits DOW CrodmIl Owntntary Inch - 895 feet Date 201 "7 -1 Exhibit "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This Development Agreement ( "Agreement ") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City ") and the undersigned property owner(s) (the "Owner "). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property "); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Dcvclonment Aerecmcnt. Page I Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and /or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if (i) any plat or related development document is filed in violation of this Agreement, (ii) the Owner commences construction on or development of the Property in violation of this Agreement, or (iii) the Property ceases to be used or appraised for agricultural, wildlife management or timber use, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Develo mcnt Agreement. Page 2 Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Tenn ") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. Development Agreement. Page 3 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non - waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Dcvcloomcnt Asrccment. Pap 4 (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authority. The Owner covenants that he /she /it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of , 2016. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Development Agreement. Page 5 Entered into this dad of .2016. O t ER: BARKAL00 55 LINICI'I?I) By and through its General Partner MICHELLE VAZQUEZ NololY Puol,C store of Texas ADRqN HOLDINGS, LLC c )'K ? My Commission Exoues ';;; � �� ;•� August 15, 2017 "` GC ALD A TEEL. Member STATE OF "TEXAS COUNTY OF HARRIS This instrument llas acknollledged before nle on the day of �z11]� . 2016, bl GERALD A "ITEEL. Member of ADRON HOLDINGS. LLC, the General Partner of BARKAL00 >j LIMITED. 011 ncr of the above - referenced propert � - Notary Public. State ol'Texas STATE OF TEXAS COUNTY OF HARRIS This instrument was acknollledged before me on the day of .2016. by RICHARD L. DAVIS. City Manager of the Cite of Ba)to%\n. Texas. Notary Public. State of`I'exas After Recording Return to: City of Baytoll11 City Clerk P. O. Box 424 Baytown, Texas 77522 It ' Karen l do ( ouv % I )cwlol mcnt V.I- -111C111% Ihl clopnlcat .\grecnlvrt - ItaIUlm i5 Lunacd 2016 doe Ucvc o mint Aurcen)cnt. Pauc 6 Exhibit "A" Legal TR 1B Description: ABST 591 D MCFADDEN Property 0 CEDAR BAYOU Address: LYNCHBURG RD BAYTOWN, TX 77521 HCAD No. 0440150000001 SAVE AND EXCEPT THAT PROPERTY DESCRIBED AS TRACT 1 (17.899 ACRES) AND TRACT 2 (0.698 ACRES), WHICH IS FURTHER DESCRIBED IN EXHIBIT "B," AND IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL INTENTS AND PURPOSES. Cxhibit "A." Page Solo Exhibit "B" TRACT I FIELD NOTE DESC RIP 1 *10N 17.899 ACRES Being a 17.899 acre tract or parcel of land situated in the David McFadden Survey. Abstract No. 391 and the Christian Smith Survey. Abstract No. 69. Harris Count;. 'texas. and being a portion ol'a called 42.5054 acre tract. Tract 1. as described in deed slated October 23. 2007 from George W. Chandler aka George Chandler. Robert A. Meister. Judi- Del Meister. Robert Andrew Meister. Kimberly Ann Stanley aka Kimberly A. Rossen aka Kimberly Ann Meister and Dorothy R. Berry to GT. I_C, and recorded in Harris County Clerks File No. 200702637119 and being more particularly described bS= metes and bounds as folk %%s; COMMENCING at a !/� ' iron pipe found for the intersection of the south line Baker Road Extension. 110' R.O.W. and the westerl% line of Crosby Cedar Bayou Road. 60' R.O.W. for the most easterly northeast corner of the said called 42.5054 acre tract; n IENCE S 76°49'37" W. ,hung a north line of the said called 42.5054 acre tract. a distance of 1565.25 feet to a 3.14" iron rod with plastic cap stamped 'RPI.S 4980" set for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE S 13 °30'55" E. over and across a portion of the said called42.5054 aerr tract. passing at 23%. 1 1 feet a' "i' iron pipe found for an interior corner of the said called 42.5054 acre tract, the northwest corner of the said Christian Smith Sure%, an interior corner of the said David McFadden Survey, and the northwest corner of a called 6 acre tract as described in deed recorded in Volume 2733 Page 563 of the Deed Records of Harris County, Texas, and continuing along an interior line of the said called 42.5054 acre tract for a total distance of 573.11 feet to a '/a iron rod found for the southwest corner of the said called 6 acre tract and the northwest corner of a called 6.613 acre tract as described in deed recorded in Harris County Clerks File No. X376406: THENCE S 13=30'55" F. along the nest line of* the said called 6.613 acre tract and continuing along a interior line of the said called 423034 acre tract, a distance of Page 1 of 3 456.92 feet to a fence corner post tuund for the southwest corner ofthe said called 6.613 acre tract and the northwest corner of called 1.003 acre tract as described in deed recorded in Harris County Clerks File No. N439710 ; THENCE S 13-1625" E. Continuing along a interior line of the said called 42.iW4 acre tract and the \test line ofthe said called 6.613 acre tract. a distance of 481.90 feet to a 34" iron rod with plastic cap stamped 'RPLS =4980" set for a interior corner of the said called 42.5054 acre tract. the southwest corner of the remainder of a called 6 acre tract as described in deed recorded in Harris COUnty Clerks File No. 1-690943 and a interior corner ofthe herein described tract: THENCE N 79 °30'43" E. along a north line ofthe said called 42.5054 acre tract and the south line of the said remainder ofa called 6 acre tract. a distance of 334.58 feet to a 3'4" iron rod %%ith plastic cap stamped 'RPLS 4980" set an the northwesterly line of the Southern Pacific Railroad. formerly Dayton Goose Creek Railroad for the southeast Corner of the said called 6 acre tract. most southerly northeast corner ofthe said called 42.504 acre tract and the herein described tract: Ti `FNCE S 24051'55" W. along said railroad. a distance of 47.52) feet to a 3:4" iron rod with plastic cap stamped 'Rl3LS 4980" set for the most suutherl-k• southeast corner of the said called 42.5-W4 acre tract. same being the most southerly northeast corner of Chaparral Village Section 4. a subdivision according to the map or plat thereof recorded in Volume 263 Page 112 of the Map Records of Harris Count. Teas: TEIENC'E S 79`30'=43" W. along the most Southerly south line ofthe said called 42.5054 acre tract and a north line ol'said Chaparral Village Section 4. a distance ol'345.03 feet to a 3!4" iron rod %%ith plastic cap stamped'RPLS 4980" set for an interior corner ofthe said called 42.5054 acre tract. said Chaparral Village Section 4 and the herein described tract: 1- H -ENCE N 13=18'37" W. alone a nest line of the said called 42.5054 acre tract. and in east line of said Chaparral Village Section 4. a distance of 749.08 feet to a 3 4 iron rod \xiill plastic cap stamped 'RPLS 4980" set for an interior corner of' tile said called 42.5054 acre tract. a northeast corner of said Chaparral Village Section Pane -' of 3 1 ctild all Iilie- l•I'1l' C()1'llel' Of 1110 Ilel'elll deSCI -lbed LNICI: THI.-WCC: S 75 50`337" NV. alon!_' a -Muth lilt ;' of the said called 42.5( 54 acre tract and a north 11110 of said Chaparral l'ilktue Section -f. a distance of 10; 1 79 !eet to 11 = 4" iron I-Od \% 11.11 plastic ciip stamped JULS 4Q()? ;et on i east line ol"I �l► feet �. ide pipeline eaS ?illellt 10 Humble Pipeline Collipan�� <<, described in dv�d: recclyded in Harris C�iluntN Clerks t=ile Nil. C'76-f�724. ('()38955 and D l I' 1 iJU. fc)r tilt SautIM-CSt Col-Iler Of the herein CleSel'IbeCl ll•aCl T1- iFNC'F i\ 14 04' ;" \V. ali]n,, the ea t line of said pi }cline zasenlellt. I)LIs:inu ill ?i)9 -_ feet tilt' n01'Cheatit C01 -IM- Of salCl I)IpZI' Z�lstillClll 3114 Ct1I11111Ui11�' 1111' Ct vital distance of 423.jj feet ti) I" iron rtid �' ith 1�11`tic cap s1a111IlCCl 'RPI.S 49,1)" qet for tilt most westel -Iv cOl -llel- lll'tlll herein (le,cribecl tract: ' - ) T L. 3 dlslallCt of .3.35-99 Celt l0 3 .3 4 iron rod ~,~,-ith 1)ia5[ic Cap stamped 'RPI S =19RO" set far an intCr101' 1111'1121' of the herein described tract: - FFII_NC'I: N I ;:'("i" W. a distance ol•:77.00 feet to it 3 t ' irtln rod ��ith plastic cap ' lWmped 'R PI S 1010" stt nn the st)uth 11110 Road bac•nsion. li)r the nt1YlIlX't�t C01-171eroCille herein cleSel-ibed tract: I H F NCE L'a;terlr. alollL tilt �ztltlth line ol'BakCr Road L \lClltilllil, d10112 'I rurAz its the 1'l_ {ll, haVill`(U a NidiUS Of 9945.0.) feet. a centl•a{ -,mple j- 1-5'07". Lill M'C Icnuth oF118 74. a chord baring of N ,5_;?'?;" I- •1101 a chorCl i!istancc t]f�11�.71 feel 10 a � 4" iroll 1.0CI \Mill cap si,lnlped 'RPLS 4980" 10111181 1-or the end of I II.N('I=. N 7h'-- t9'5;" F, C011tinuinL 1110112 the S011111 line ill 11lker Road Lxtension. a diSUMCC of X93.5,` feet tll the POI\ 1 01: IUIRNINING. coniainin_' it c. culatzd area of 17.899 acrer, OCIdild NOTE: l I;I- field n�lte cfcscrihtloll iZZ 1).11'1 ol, t`le plat tai same (kite. 11-10 bcarill_'; �Ile)'tn hel-Wil al': 1'eiel'CIII CI 1l1 �lillt 1'Itllz ( ?�11'd111211t S %sten-, Si ?111!1 Leilli'i11 44j �A 0 JA QES R YCCLEt( q la R. \kC�tll ill l�.P I t) 4 c)S(1 I► X111 771 1. TRACT _' FIELD NOTE DESCRIPTION 0.698 ACRE Being a 0.698 acre tract or parcel of land situated in the David McFadden Survev, Abstract No. 391, Ilan-is County. Texas. and being a portion of a called 42.5054 acre tract. Tract 1. as described in deed dated October ?3. 2007 from George NV. Chandler aka George Chandler. Robert A. Meister. Jud., I)el Meister. Robert Andrew Meister. Kimberly Ann Stanley aka Kimberly A. Rossen aka Kimberly Ann Meister and Dorothy R. Berry to GT. I.C, and recorded in Harris COLtnt% Clerks File No. 200702637119 and being, more particularly described b\ metes and bounds as follo\vs; r BFGINNING at a', -� iron pipe found for the intersection of the south line Baker Road Extension. 1 10' R.O.W. and the westerly line of Crosby Cedar Bayou Road. 60' R.O.W. for the most easier[y northeast comer of the said called 42.5054 acre tract: THENCE S 36`'4'22" E. along the westerk line of Crosby Cedar Bayou Road, a distance of'38.61 Feet. to a I i?" iron rod found for the southeast corner of, the herein described tract: 111ENC'E- S 77' 06'04" W. along= a south line of the said called 42.3054 acre tract. a distance of 808.60 feet, to a 34' iron rod with cap stamped "RPLS 4980" set liar corner. THENCE S 76`=43'46" «', continuing along a south line of the said called 42.3034 acre tract. a distance of 474.23 leet, to a.)','4" iron pipe found for an interior corner of the said called 42.3054 acre tract, for the south%vest corner of the herein described tract: THE NCE N 13"30'i 4" W a distance of 23.11 feet to a 3 4" iron rod x%ith cap ;tamped "RPLS 4980" found on the south line of Baker Read Fxtension. tier the nortIm st corner ofthe herein described ti-act. Pau Iof1 THFNC'F. NI 76`49'57" E, along the south line of Baker Road Extension. a distance of 1271.67 feet. to the POINT OF BEGTNKNING containinv. a calculated area of 0.698 acre. NOTE: This field note description is part of the plat of same date. The bearings shown hereon are referenced to State Plane Coordinate S% stem. South Central 7one. 1\ An 83. P,i',e 2, o ' OF _ i McClellan 4MESFi .P.L.S. N(). 4980 MEAN l °9 4980 10- 31 -201 � per: P,i',e 2, o ' I-b -7 7 JR III'