CC Resolution No. 2508RESOLUTION NO. 2508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE CONSENT TO THE ADDITION OF ROAD POWERS FOR AND
THE DISANNEXATION OF TERRITORY FROM HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473 WITHIN THE CORPORATE LIMITS OF THE CITY
OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
*************************************************************************************
WHEREAS, the City Council of the City of Baytown, Texas (the "City"), consented to the
creation of Harris County Municipal Utility District No. 473 (the "District"), located in the City's
corporate boundaries, by adoption of Resolution No. 1737, on August 25, 2005; and
WHEREAS, the City Council approved the First Amendment to the Utility Functions and
Services Allocation Agreement which reflects a revised District land plan, revised boundaries and the
addition of District road facilities on December 14, 2017; and
WHEREAS, the City has considered a petition for disannexation of certain territory from the
district and for consent to acquisition of road powers from the District and the ability of the District to sell
bonds for such road facilities in accordance with the Utility Functions and Services Allocation Agreement
as amended, which petition is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes; and
WHEREAS, in consideration of the City's granting its consent, the District has agreed and by the
acceptance of the benefits of this resolution, do hereby agree to comply with the terms and conditions
contained herein as well as in Resolution No. 1737; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, gives its written consent to
the following:
(i) District's boundaries as revised per the Exhibit "A"attached hereto; and
(ii) The acquisition of road powers of the District and the ability of the District to issue bonds
for such road facilities in accordance with the Utility Functions and Services Allocation
Agreement as amended.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED, by the affirmative votk f the City Council of the City of
Baytown this 11 m day of January, 2018. ��
DONCARLOS, Mayor
CITY OF BAYTOWN
BAYTOWN CERTIFICATION
I, LETICIA BRYSCH, THE DULY APPOINTED CITY CLERK OF THE CITY OF BAYTOWN, HARRIS AND
CHAMBERS COUNTIES,TEXAS,DO HEREBY CERTIFY AND ATTEST THAT AS PART OF MY DUTIES, I DO
SUPERVISE AND ACT AS LAWFUL CUSTODIAN OF THE RECORDS OF THE CITY OF BAYTOWN; THAT
THE ATTACHED DOCUMENT IS A TRUE AND CORRECT COPY OF :
RESOLUTION NO. 2508
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE CONSENT TO THE ADDITION OF ROAD POWERS FOR AND
THE DISANNEXATION OF TERRITORY FROM HARRIS COUNTY MUNICIPAL
DISTRICT NO. 473 WITHIN THE CORPORATE LIMITS OF THE CITY OF
BAYTOWN,TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WITNESS MY HAND AND SEAL OF THE CITY ON JANUARY 12,2018.
LETICIA BRYSCH,C CLERK
* Cal Ili,
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ATT T:
L fTICIA BRYS H, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR(ity Attomey
R:\Karen\FileslCity Council\Resolutions\2018Vanuary 11•.Consent2Disannexation&RoadPowecs4MUD473.doc
Exhibit "A"
PETITION FOR CONSENT TO ACQUISITION OF ROAD POWERS
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
1. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473 (the
"District") was created by Order of the Texas Commission on Environmental Quality on
March 1, 2006, under the terms and provisions of Article XVI, Section 59, and
subsequently obtained road powers pursuant to Article III, Section 52, the of the Texas
Constitution by special act of the Texas Legislature, and is operating under Chapter
8250, Texas Special District Local Laws Code and Chapters 49 and 54, Texas Water
Code, together with all amendments and additions thereto.
2. The development of the District is contingent upon the construction of
certain road facilities. The primary function of the road facilities is to provide access to
the District. The major thoroughfare and arterial road facilities will benefit and serve all
of the land within the District.
3. By Resolution No. 1737, effective August 25, 2005, attached hereto as
Exhibit A, the CITY OF BAYTOWN, TEXAS (the "City"), consented to and granted a
petition for the creation of the District.
4. The petition describes the work to be done by the District as providing for
the design, construction, acquisition, maintenance and operation of a waterworks and
sanitary sewer system, and a drainage and storm sewer system in the District.
5. The District now requests that the City consent to the addition of road
powers to the District's powers and ability to issue bonds for such facilities in
accordance with the Utility Functions and Services Allocation Agreement as amended.
6. The District agrees that if the requested consent to road powers is given,
the Petitioner and the District will adopt and abide by the conditions set forth by the
City in accordance with the Utility Functions and Services Allocation Agreement as
amended.
7. The District has not yet issued bonds and has properly excluded land in
accordance with Chapter 49, Texas Water Code. The District requests that the City
consent to the exclusion of District land and the District boundaries as revised
694849
consisting of 139.3785 acres, the metes and bounds of which are on Exhibit B attached
hereto.
WHEREFORE, the undersigned respectfully prays that this petition be heard and
granted in all respects and that the City give its written consent to (1) the addition of
road powers and ability to issue bonds for such purposes to the District, and (2) the
District boundaries as revised as shown by the metes and bounds on the attached
Exhibit B.
RESPECTFULLY SUBMITTED this 10th day of January, 2018.
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 473
ATTEST:
This instrument was acknowledged before me on this L601 day of
U 2018, by ii 1 UalC Q , as ?(I c- ,
and oin yckas of the Board of Directors of
HARRIS COUNTY M CIPAL UTILITY DIS NO. 473, a political subdivision of
the State of Texas, on behalf of said political subdivision.
(NOTARY SEAL)
KRISTEN HOGAN
' My Notary 1D# 124441238 Notary Public, State of T
Expires January 16,201 9
-2-
694849
(SEAL)
By:
L ✓ 1
Name: �AtSon.l'low
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Nh
Title:
Title: Q..0—f UVIly
=N
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this L601 day of
U 2018, by ii 1 UalC Q , as ?(I c- ,
and oin yckas of the Board of Directors of
HARRIS COUNTY M CIPAL UTILITY DIS NO. 473, a political subdivision of
the State of Texas, on behalf of said political subdivision.
(NOTARY SEAL)
KRISTEN HOGAN
' My Notary 1D# 124441238 Notary Public, State of T
Expires January 16,201 9
-2-
694849
EXI HBIT A
CERTIFICATION
I, GARY W. SMITH, the duly appointed and acting City Clerk of the City of Baytown,
Harris County, Texas, do hereby certify and attest that as part of my duties, I do supervise
and act as lawful custodian of the records of the City of Baytown; that the attached document
is a true and correct copy of Resolution 1737.
RESOLUTION NO. 1737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING CONSENT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE
KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473, ONE PURPOSE
OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL
USE OR TO FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE,
WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND
CONSISTING OF APPROXIMATELY 403.9469 ACRES OF LAND, MORE OR LESS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Adopted by the City Council at its Meeting held on August 25, 2005.
WITNESS MY HAND AND SEAL of the City on August 27, 2005.
Gedry W. Smith, City Clerk
�y�
k.
RESOLUTION NO. 1737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL
SUBDMSION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 473, ONE PURPOSE OF WHICH WILL BE TO SUPPLY
FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO
FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE,
WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS,
AND CONSISTING OF APPROXIMATELY 403.9469 ACRES OF LAND,
MORE OR LESS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, a political subdivision, one purpose of which is to supply fresh water for
domestic or commercial use or to famish sanitary sewer services, roadways, or drainage, may
not be created in a municipality unless the governing body of the municipality gives its written
consent in accordance with Chapter 42 of the Texas Local Government Code and the Chapter 54
of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, for its written consent to the creation of Harris County Municipal Utility District
No. 473 hereinafter referred to as the "District," containing 403.9469 acres of land, more or less,
within the corporate limits of the City and located in Hams County, Texas, -and more particularly
described in Section 1 hereof; and
WHEREAS, the landowner and developer who have requested the City Council's consent
have assured the City that they are willing to accept such consent based upon the terms and
conditions as hereinafter stated, and that they, in consideration of the City granting its consent for
the creation of the District have agreed, and by the acceptance of the benefits of this resolution, do
hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby finds that the proposed Harris County
Municipal Utility District No. 473 (the "District"):
a. will be an economically feasible and sound development benefiting the city;
b. will not adversely affect the existing City water, sewer and storm facilities or
other City utilities or City functions, and
C. will not increase the City's taxes or utility rates or adversely impact the City's
financing or bond rating.
Further, the City Council finds that all of the conditions imposed herein and by Article VII of
Chapter 98 of the Code of Ordinances, Baytown, Texas, have been agreed to by the developer
and landowner of the territory within the District.
Section 2: That upon the terms and conditions specified in (i) Article VII of Chapter
98 of the Code of Ordinances, Baytown, Texas, which is incorporated herein by this reference
for all intents and purposes, (ii) the Utilities Functions and Services Allocation Agreement and
(iii) this resolution, the City hereby grants its consent to the creation of the District pursuant to
the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the
Texas Water Code. The land embraced within the limits of the District is more particularly
described in Exhibit "A," which is attached hereto and made a part hereof for all intents and
purposes.
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this 25h day of August, 2005.
C �- � �' I
CALVIN MUNDINGER, Mayor
GXW;W
L ata
GkRV W. SMITH, City Clerk
APPROVED AS TO FORM:
4TdNACIO RA.MIREZ, SR., Ci omey
R W,a=\Fflcs\Cgy Coundntmomnons\2005\August 2Mnsendtao1udon4kCgyMUD.doc
2
• 0
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters
49 and 54, Texas Water Code, respectfully petitions the City Council of the City of
Baytown, Texas, for its written consent to the creation of a municipal utility district and
would show the following:
I.
The name of the proposed District shall be HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473 (the "District").
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas
Water Code, together with all amendments and additions thereto.
The District shall contain an area of 403.9469 acres of land, more or less, situated
in Harris County, Texas, and described by metes and bounds in Exhibit A, which is
attached hereto and incorporated herein for all purposes (the "Land"). The Land is
within the extraterritorial jurisdiction of the City of Baytown, Texas (the "City"). All of
the Land may properly be included in the District.
IV.
The Petitioner holds fee simple title to the Land. The Petitioner hereby represents
that it owns a majority in value of the Land, as indicated by the certificate of ownership
provided by the Harris County Appraisal District.
V.
The Petitioner represents that there are no lienholders on the Land except Capital
Farm Credit, FLCA, and II C.B., L.P., and that there are no residents on the Land.
r= MIT A
VII.
The general nature of the work to be done by the District at the present time is
the design, construction, acquisition, maintenance and operation of a waterworks and
sanitary sewer system for domestic and commercial purposes, and the construction,
acquisition, improvement, extension, maintenance and operation of works,
improvements, facilities, plants, equipment and appliances helpful or necessary to
provide more adequate drainage for the District, and to control, abate and amend local
storm waters or other harmful excesses of waters, and such other construction,
acquisition, improvement, maintenance and operation of such additional facilities,
systems, plants and enterprises, as shall be consonant with all of the purposes for which
the District is created (the "Project"). The Project will not (a) adversely affect City water
and sewer functions, (b) increase City utility rates or (c) impact the City bond rating.
VIII.
There is, for the following reasons, a necessity for the above-described work. The
area proposed to be within the District is urban in nature, is within the growing
environs of the City, and is in close proximity to populous and developed sections of
Harris County, Texas. There is not now available within the area, which will be
developed for single family residential and commercial uses, an adequate waterworks
system, sanitary sewer system, drainage and storm sewer system, parks or recreational
facilities, or fire fighting facilities. The health and welfare of the present and future
inhabitants of the area and of the territories adjacent thereto require the purchase,
design, construction, acquisition, ownership, operation, repair, improvement and
extension of an adequate waterworks system, sanitary sewer system, and drainage and
storm sewer system. A public necessity, therefore, exists for the creation of the District,
to provide for the purchase, design, construction, acquisition, ownership, operation,
repair, improvement and extension of such waterworks system, sanitary sewer system,
and drainage and storm sewer system, to promote the purity and sanitary condition of
the State's waters and the public health and welfare of the community.
IX.
A preliminary investigation has been made to determine the cost of the Project
and it is now estimated by the Petitioner, from such information as it has at this time,
that the cost of the Project will be approximately $27,800,000.
M62 -2-
0
X.
U
The Petitioner requests that the City Council grant its consent for the inclusion of
the Land in a municipal utility district under the conditions set forth in City of Baytown
Code of Ordinances, as applicable.
WHEREFORE, the Petitioner prays that this petition be heard and that the City
Council duly pass and approve an ordinance or resolution granting the consent to the
creation of the District and authorizing the inclusion of the land described herein within
the District.
[EXECUTION PAGES FOLLOW]
7M2 -3-
•
El
RESPECTFULLY SUBMITTED this� day of August, 2005.
PETITIONER:
BURNET BAY, LTD., a Texas Iimited partnership
By: Hammersmith Group, Inc., a Delaware
corporation. its General Partner
By:
Kopecky, Vice President
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on the JE'dday of August, 2005,
by George Kopecky, Vice President of Hammersmith Group, Inc., a Delaware
corporation, as General Partner of BURNET BAY, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
6 eaw• L Mu " ea
CmWiss
on
2006
(NOTARY SEAL)
Notary Public, State of Texas
Attachment: Exhibit A - Metes and Bounds Description of the Land
EXHIBff A
(Metes and Bounds Description of the Land - 403.9469 acres)
•
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 2 of 7 Pages
August 12, 2005
from which a concrete monument found bears North 83 degrees 20 minutes 58 seconds West,
a distance of 1.74 feet;
5. North 86 degrees 42 minutes 21 seconds East, a distance of 1,037.27 feet to a 1/2 -inch iron
rod found at the northeast corner of said 23.1480 acre tract and the northwest comer of a
called 8.92 acre tract of land described by deed to Missouri Pacific Railroad Company,
recorded under Harris County Clerk's File Number 6045735
THENCE, South 02 degrees 29 minutes 21 seconds East, with the west line of said 8.92 acre
tract, a distance of 1,295.26 feet to a 5/8 -inch iron rod found at the southwest comer of said 8.92
acre tract and the southeast comer of said 23.1480 acre tract in the north line of a called 5.923
acre tract of land described by deed to Missouri Pacific Railroad Company, recorded under
Harris County Clerk's File Number G221936 for comer,
THENCE, South 86 degrees 56 minutes 56 seconds West, with the south line of said 23.1480
acre tract and the north line of said 5.923 acre tract, a distance of 5.41 feet to a 5/8 -inch iron rod
found at the northwest comer of said 5.923 acre tract and the most easterly northeast comer of a
called 201.2111 acre tract of land described by deed to Burnet Bay, LTD, recorded under Harris
County Clerk's File Number Y603616;
THENCE, South 02 degrees 30 minutes 33 seconds East, with the east line of said 201.2111 acre
tract, a distance of 2,710.87 feet to a 5/8 -inch iron rod with cap found at the southeast comer of
said 201.2111 acre tract in the north line of a called 9.057 acre tract of land described by deed to
Martin Marietta Materials, Inc. recorded under Hands County Clerk's File Number R230583;
THENCE, North 81 degrees 30 minutes 36 seconds West, with the south line of said 201.2111
acre tract and the north line of said 9.057 acre tract, a distance of 177.02 feet to the east comer of
a called 0.1538 acre parcel of land described by deed to Burnet Bay, LTD, recorded under Harris
County Clerk's File Number Y603617;
THENCE, North 81 degrees 30 minutes 36 seconds West, with the south line of said 0.1538 acre
parcel and the south line of a called 36,190 square foot parcel of land described by deed to
Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603617, a distance of
4,298.93 feet to the southwest comer of said 36,190 square foot parcel and the northwest corner
K:1SdskLan"URVEY1031840VM881031840 MUD 473 Bndy M&B 0&12-05.doc Carter"Burgess
•
•
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 3 of 7 Pages
August 12, 2005
of a tract of land described by deed to Mary K. Ellison, et al, recorded under Hams County
Clerk's File Number V278078 in the east right-of-way line of Thompson Road;
THENCE, North 02 degrees 35 minutes 27 seconds West, with the west line of said 36,190
square foot parcel, the west line of a called 11.1438 acre tract of land described by deed to
Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603619, and the east
right-of-way line of said Thompson Road, a distance of 937.03 feet to the northwest corner of
said 11.1438 acre tract and the southwest comer of a called 6.00 acre tract of land described by
deed to Charles W Caldwell, et ux, recorded under Harris County Clerk's File Number S015995;
THENCE, North 86 degrees 58 minutes 57 seconds East, with the north line of said 11.1438 acre
tract and the northerly line of said 201.2111 acre tract, a distance of 1,131.37 feet to a 1/2 -inch
iron rod found at the southeast comer of a called 6.00 acre tract of land described by deed to
Sterling Trust Company, trustee, recorded under Harris County Clerk's File Number S015998 for
comer,
THENCE, North 04 degrees 52 minutes 49 seconds West, with the westerly line of said
201.2111 acre tract and the east line of said 6.00 acre Sterling Trust Company tract, a distance of
138.61 feet to a 1/2 -inch iron rod found for angle point;
THENCE, North 08 degrees 48 minutes 35 seconds West, with the westerly line of said
201.2111 acre tract, a distance of 743.03 feet to a 1/2 -inch iron rod found at the northeast corner
of a called 10.00 acre tract of land described by deed to Mohammad S. Subedar, recorded under
Harris County Clerk's File Number T584957 the southeast comer of a called 16.0520 acre tract
of land described by deed to TA Operating Corporation, recorded under Harris County Clerk's
File Number P611282, and the northwest comer of a called 3,263 square foot parcel of land
described by deed to Burnet Bay, LTD, recorded under Harris County Clerk's File Number
Y603617;
THENCE, North 86 degrees 57 minutes 43 seconds East, with the northerly line of said 3,263
acre parcel, a distance of 1,334.95 feet;
'I ENCE, North 02 degrees 31 minutes 20 seconds West, with a westerly line of said 3,263 acre
parcel, a distance of 1.08 feet to a 5/8 -inch iron rod found for corner,
KlsdskLandISURVEY%039WW&81031840 MUD 473 8ndy M&B 0&12-05.dx CartenBurgess
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 4 of 7 Pages
August 12, 2005
THENCE, North 87 degrees 27 minutes 38 seconds East, with the north line of said 3,263 acre
parcel, a distance of 86.26 feet to a 3/4 -inch iron rod found at the northeast comer of said 3,263
acre parcel;
THENCE, North 02 degrees 37 minutes 58 seconds West, with the west line of said 201.2111
acre tract and the west line of said 23.1480 acre tract, a distance of 1,330.78 feet to the POINT
OF BEGINNING and containing 264.5684 acres, (11,524,599 square feet) of land.
TRACT 2 - 139.3785 ACRES / 6,071.327 SOFT.
139.3785 acres, (6,071,327 square feet) of land described by deed to Burnet Bay, LTD recorded
under Harris County Clerk's File Number X913086;
BEGINNING at the most southerly comer of said 139.3785 acre tract in the northeast right-of-
way line of Decker Drive, (also known as Spur 330);
THENCE, North 66 degrees 25 minutes 36 seconds West, with the southwest line of said
139.3785 acre tract and the northeast right-of-way line of said Decker Drive, a distance of 723.91
feet to the centerline of Spring Creek Gully;
THENCE, with the westerly line of said 139.3785 acre tract and the centerline of said Spring
Creek Gully the following ten, (10) courses and distances:
1. North 36 degrees 21 minutes 39 seconds West, a distance of 76.57 feet;
2. North 14 degrees 31 minutes 43 seconds East, a distance of 80.08 feet;
3. South 61 degrees 58 minutes 42 seconds East, a distance of 107.64 feet;
4. North 25 degrees 46 minutes 10 seconds East, a distance of 119.15 feet;
5. North 74 degrees 02 minutes 30 seconds West, a distance of 211.92 feet;
6. North 23 degrees 56 minutes 57 seconds West, a distance of 92.31 feet;
K:1SdskLand%SURVEY10318401M861031840 MUD 473 Bndy M&B 08-12-05 doc
Cartern-Burgess
•
11
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 5 of 7 Pages
August 12, 2005
7. North 55 degrees 10 minutes 49 seconds West, a distance of 136.45 feet;
8. North 07 degrees 12 minutes 21 seconds West, a distance of 124.18 feet;
9. North 46 degrees 42 minutes 15 seconds East, a distance of 61.88 feet;
10. North 33 degrees 50 minutes 44 seconds West, a distance of 73.82 feet to the southwest
comer of a called 1.760 acre tract of land described by deed to the City of Baytown, recorded
under Harris County Clerk's File Number P029811;
THENCE, North 64 degrees 44 minutes 31 seconds East, with the southeast line of said 1.760
acre tract, a distance of 607.86 feet to the east corner of said 1.760 acre tract and the south comer
of a called 4.896 acre tract of land described by deed to the City of Baytown, recorded under
Hams County Clerk's File Number P029811 and the beginning of a non -tangent curve to the
right;
THENCE, northeasterly, with the southeast line of said 4.896 acre tract and the arc of said non -
tangent curve to the right having a radius of 853.65 feet, a central angle of 11 degrees 31 minutes
20 seconds, a chord bearing of North 45 degrees 15 minutes 47 seconds East, a chord distance of
171.38 feet, and an arc length of 171.67 feet to the most easterly comer of said 4.896 acre tract
and the non -tangent end of said curve;
'I ENCE, North 25 degrees 05 minutes 45 seconds West, with the northeast line of said 4.896
acre tract, a distance of 692.30 feet to the most northerly comer of said 4.896 acre tract and the
most northerly northwest comer of said 139.3785 acre tract in the southeast right-of-way line of
Interstate Highway 10;
THENCE, with the southeast right-of-way line of said Interstate Highway 10 the following five,
(5) courses and distances:
1. North 64 degrees 57 minutes 33 seconds East, a distance of 257.17 feet to the beginning of a
curve to the left and from which a concrete monument found bears North 26 degrees 23
minutes 24 seconds West, a distance of 1.38 feet;
2. Northeasterly, with the arc of said curve to the left having a radius of 572.96 feet, a central
K:1SdskLand%SURVEYW3184o1M&B1031UG MUD 473.0x* M&80&j2-W.doc Carter -Burgess
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 6 of 7 Pages
August 12, 2005
angle of 29 degrees 29 minutes 29 seconds, a chord bearing of North 50 degrees 08 minutes
08 seconds East, a chord distance of 291.67 feet, and an arc length of 294.92 feet to a
concrete monument found for point of tangency;
3. North 35 degrees 23 minutes 23 seconds East, a distance of 29.31 feet to a concrete
monument found at the beginning of a curve to the right;
4. Northeasterly, with the arc of said curve to the right having a radius of 572.96 feet, a central
angle of 29 degrees 31 minutes 28 seconds, a chord bearing of North 50 degrees 08 minutes
57 seconds East, a chord distance of 291.99 feet, and an arc length of 295.25 feet to the point
of tangency of said curve and from which a concrete monument found bears North 06
degrees 25 minutes 24 seconds East, a distance of 0.54 feet;
5. North 64 degrees 54 minutes 41 seconds East, a distance of 933.30 feet to a 1/2 -inch iron rod
with cap found at the most northerly corner of said 139.3785 acre tract an the most westerly
comer of the residue of a called 170.974 acre tract of land described by deed to Venture
2000, LTD, recorded under Harris County Clerk's File Number V226376;
THENCE, South 55 degrees 10 minutes 43 seconds East, with the southwest line of said residue
tract and the northeast line of said 139.3785 acre tract, a distance of 635.77 feet to a 1/2 -inch iron
rod with cap found for angle point;
THENCE, South 55 degrees 29 minutes 48 seconds East, with said common line, a distance of
87.42 feet to a 1/2 -inch iron rod with cap found at the most southerly corner of said residue tract
in the,, outhwest line of a called 25.0000 acre tract of land described by deed to CFJ properties,
recordeA under Harris County Clerk's File Number V247862;
THENCE, South 25 degrees 02 minutes 55 seconds East, with the southwest line of said 25.0000
acre tract, a distance of 424.55 feet to a 1/2 -inch iron rod with cap found at the most southerly
corner of said 25.0000 acre tract;
I ENCE, North 64 degrees 57 minutes 05 seconds East, with the southeast line of said 25.0000
acre tract, a distance of 1,122.04 feet to a 1/2 -inch iron rod with cap found at the southeast corner
of said 25.0000 acre tract in the west right-of-way line of Thompson Road;
K 1SdsklanMURVEW31M M881031840 MUD 473 Bm* M&B 08-12-05.doc CarternBurgess
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 7 of 7 Pages
August 12, 2005
THENCE, South 02 degrees 38 minutes 55 seconds East, with the west right-of-way line of said
Thompson Road, a distance of 1,073.82 feet to a 1/2 -inch iron rod with cap found at the
southeast corner of said 139.3785 acre tract and the northeast comer of Elena Fuit & Cotton
Farms, Unit D, Block 142, a subdivision as shown on the plat thereof recorded in Volume 7,
Page 48, of the Harris County Map Records;
THENCE, South 63 degrees 06 minutes 21 seconds West, with the southerly line of said
139.3785 acre tract and the northerly line of said Elena Fuit & Cotton Farms, Unit D, Block 142,
a distance of 3,200.21 feet to the POINT OF BEGINNING and containing 139.3785 acres,
(6,071,327 square feet) of land.
All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD83 and are based on static GPS observations.
This description is submitted in conjunction with a District Boundary Map of Harris County
Municipal Utility District Number 473, is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of Harris County Municipal Utility District Number 473, for
which it was prepared.
Walter J. Wilbanks, .P L.S.
Texas Registration Number 4936
CARTER & BURGESS, INC.
Project No. 031840.800.1.0002
K,ISdskLandl.SURVM031840%M881031840 MUD 473 Bndy MBB 08-12-05.dw CQ• • ernBurgess
EXHIBIT B
METES AND BOUNDS DESCRIPTION
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT:No. 473
TRACT 2
1393785 ACRES
HARRIS COUNTY, TEXAS
September 18,,2017
All that 139.3785 acre (6,071,327 square foot) tract of land being all of a called 139.3786 acre tract of
land as described in a conveyance to Burnet Bay, Ltd, a Texas limited partnership by Special Warranty
Deed with Vendor's Lien recorded Harris County Clerk's File (H.C.C.F) Number X913086, and being
situated in the Nathaniel Lynch Survey, Abstract Number 44, Harris County, Texas, and being more
particularly described by metes and bounds as follows: (all bearings herein are based on the Texas State
Plane Coordinate System of 1983, South Central Zone 4204)
BEGINNING at the most southerly corner of said Burnet Bay, Ltd. tract of land in the northeast right -of.
way (R.O.W.) line of Decker Drive (also known as Spur 330) (width varies);
THENCE, North 66°2536" West, along the northeast KOM line of said Decker Drive, a distance of
72391 feet to the aline of Spring Crack Gully for corner,
THENCE, along the westerly line of said Burnet Bay, Ltd. tract and the centerline of said Spring Creak
Gully, the following ten (10) courses and distances;
I) Notch 36°21'39" West, a distance of 76.57 feet to a point;
2) North 14°31'43" East, a distance of 80.08 feet to a.point;
3) South 61058'42" East, a distance of 107.64 feet to a point;
4) North 25046110" Fast, a distance of 119.15 feet to a point;
5) North 74002'30" West, a db taaca of 211.92 feet to a point;
6) North 23°56'57" West, a distance of 92.31 feet to a point;
7) North 55010'49" West, a distance of 136.45 feet to a point;
8) North 0701212 1" West, a distance of 124.18 feet to a point;
9) North 46°42' 15" Fast, a distance of 61.88 feet to a point;
10) North 33°50'44" West; a distance of 73.82 fleet to the southwestcomer of a called 1.760 acre tract of
land as described by a Deed to the City of Baytown recorded under H.C.C.F. Number P029911;
BEC Job No. 16077 gage i otapages
016077 - 250AC TRACT SAYTOWN TMESURVEYN4) t?aw1(6) Metes and Bounds116077 MUD.doa
Harris Ceudy MumxiW Utility Dbuid No. 473
Trod l
1393M Aaera
September 18, 2017
THENCE, North 64°4431" East, along the southeast One of said 1.760 acre traA a distance of 607.86
feet to the east corner of said 1.760 acre tract and being the south corner of a called 4.896 acre tract of
lend as described by a Deed to the City of Baytown recorded under H.C.C.F..Number P029811, also
being the beginning of a non -tangent curve to the right;
THF+NCE, sort mMarly, along the 8unnlwnt line of said 4.%% acre tract, a A* ii amRe of 171.67 feet along
tiro arc of said non -tangent curve to the right having a radius 853.65, a central angle of 11 °31'20" and a
chord that bears North 45015'47" East; a distance of 17138 feet to the east comwof said 4.8% acre tract;
THENCE, North 25°05'45" West; along the northeast line of said 4.896 acre tract, a disume of 69230
feet to a point in southeast RO. W. line of Interstate Highway 10 (width varies) to the north corner of said
4.896 acre tract and being the most northerly northwest corner of said Bumet Bay, Ltd. tract;
THENCE, along the southeast R.O.W. line of said Interstate Highway 10. the following five (5) courses
and distances;
1) North 6405733" East, a distance of 257.17 feat to tho beginning of a curve to the left, and Som which
a concrete monument found bears North 26023124" Wast, a distance of 138 feet;
2) Nordwasterly, a distance of 294.92 Leet along the arc of said curve to the left having a radius of 572.%
fee, a central angle of 29°29'29" and a chord that bears North 50°08'08" Fast, a distance of291.67 feet
to a concreft monument found at the point oftangency of said cum.
3) North 35023'23" Eat a distance of 2931 Feet to aooncrete monument found at the beginning of a
curve to the right;
4) Wordy, a distance of 295.25 feet along the we of said curve to the sight having a radius of
572.96 Leet, a central angle of 29°31'28" and a chord that tests North 50°08' 57" East, a distance of
29I 99 feet m a concrete monument found at the paint of tangency of said curve;
5) North 64054141" •East, a distance of 933.30 feet to a 1/2 -inch iron prod with cap found at the most
westerly career of the residue of a called 170.974 acre tract of land as descriled in a conveyance to
Venture 2000, Lid. by a Deed reeorded under ILC.C.F. Number V226376 and being the most northerly
corner of said Burnet Bay, Ltd. tract;
THENCE, South 55°10'43" East, along the southwest line of tate residue of said 170.974 acro treat and
along the northeast lice of said Burnet Bay. Ltd. tract, a distance of 635.77 feet to,a ItUnch iron rod with
cup found at an angle pointy
THENCE, South 5502948" Fast eoubmung along the southwest line of the residue of said 170.974 acre
trot and along the northeast line of said Burnet Bay, Ltd. tract, a distance of 87.42 feat to a V24nch iron
rod w th cap found in the southwest lice of a called 25.0000 Una tract of land as described in a
conveyance to CFJ Properties by a Deed recorded under H.C.C,F. Number V247962 at the scatlh comer
of the residue of said 170.974 acre tract for ad woo point of the herein desaribcd but
BEC Job Na law Page 2 of 3 P8gea
LMOM - 250 Ac TRACT BAYrOVVN TXVSURVEYJ1(4) DMX6) MOO and Bohmds116077 MUD doe
Harris Candy XadsW Unity Disbiet No. 473
rct 2
139.3785 Acres _
September 18, 2017
THENCE, South 25°02'55" Past, along the southwest line of said 25.0000 acre tract and continuing
along the northeast line of said Burnet Bay, Ltd. tract a distance of 424.55 feet toa. 1/2 -inch iron rod with
cap found at the southwest corner of said 25.0000 tract and being an interior comer of the herein
described tract;
THENCE, North 64'57'05'' East, along the southeast line of said 25.0000 acre tract and along an interior
line of said Burnet Bay, Ltd tract, a distance of 1,122.04 feet to a 112 -inch iron rod with cW found in the
west R.O.W. line of Thompson Road (width varies) at the southeast corner of said 25.0000 acre tract for
to northeast corner of the herein demlxd tract
THENCE, South 02°38'55" East, along said west R.O.W. lime, a distance of 1,073.82 feet to a lt2-inch
iron rod with carp found at the northeast corner of Unit D, in Block 142, of ELENA FRUIT dt COTTON
FARMS, a Subdivision as shown on the Plat *areof recorded in Volume 7, Page -48 ofthe Harris County
Map Records QLC.M.R.) for the southeast corner of said Burnet Bay, Ltd. tract; .
THENCE South 63°06'21" West, along the northerly line of said Unit D and a4ng the soutlierly line of
said Burnet Bay, Ltd. tract, a distance of 3,20021 feet to the PODIT OF BG and dining a
con4xftd area of 1393785 acres (6,071,327 square ) of land.
"This tnu Od "ms's' 'uftW:='TAC §663.21, does not reflect theresults of an on the
ground survey, and is not to be used to convey or establisb interests in real prespe* except those rights
and interesft impUed or established by the creation or of the bou n4ary of the political
subdivision for which it was prepared."
Ronald 0. Harrison, B.PJ..S.
To= RegMstion No. 5342
TBPLS Firer Registration Number 10009000
ttec.tob N06 tion
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