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Ordinance No. 13,908ORDINANCE NO. 13,908 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 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH FRIENDSWOOD DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF AN ADDITIONAL 13.86 ACRES OF LAND ADJACENT TO THE PROPERTY CURRENTLY SUBJECT TO THE DEVELOPMENT AGREEMENT; 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 First Amendment to the Development Agreement with Friendswood Development Company for the development of an additional 13.86 acres of land adjacent to the 500.534 acres of land, which is currently subject to the Development Agreement. A copy of said amendment is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the City of Baytown, this the 25th day of October, 2018. S ATTE: LETICIA BRYSCH, City ClbrP APPROVED AS TO FORM: 10, ACIO RAMIREZ, SR. ty Attorney from and after its passage by vote of the City Council of the DONCARLOS, +%cobfs0l ,IegahKarenTiles •City Council Ordinances\2018'October 25\FirstAmendment2DevelopmentAgreementwithFriendswoodDevelopmentCompany.doc Exhibit "A" FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This FIRST AMENDMENT (the "First Amendment") to the DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into as of 2018 ("Effective Date"), by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city of the State of Texas (the "City") and FRIENDSWOOD DEVELOPMENT COMPANY, an assumed name of Lennar Homes of Texas Land and Construction Ltd., a Texas limited partnership (the "Developer"). RECITALS WHEREAS, Garth — Wallisville Ltd., a Texas limited partnership ("Owner"), the Developer and the City entered into the Agreement on January 30, 2018, concerning the development of approximately 500.534 acres of land, all of which is located in the extraterritorial jurisdiction of the City; and WHEREAS, thereafter the Developer purchased the 500.534 acres of land from the Owner; and WHEREAS, after the purchase of the 500.534 acres of land, the Developer purchased an additional 13.86 acres of land described in the attached Exhibit "A-1"; and WHEREAS, the Agreement along with the Strategic Partnership Agreement, which is attached to the Agreement as Exhibit `B," only contemplated the 500.534 acres of land; and WHEREAS, the Plan of Development, which is attached to the Agreement as Exhibit "C", contemplates, in part, only the 500.534 acres of land, but Figures 1 through 10 incorporate the entire 514.394 acres (the "Property"); and WHEREAS, the Density, Land Uses and Development Standards, which is attached to the Agreement as Exhibit "D", contemplates, in part, only the 500.534 acres of land, and therefore defines the maximum density of 4.0 per acre to be 2,002 total dwelling units; and WHEREAS, the "Service Area" defined in the Water Supply and Waste Disposal Agreement between the City of Baytown and the Harris County Municipal Utility District No. 213-A (the "District") also does not include the additional 13.86 acres; and WHEREAS, the Developer desires that the Property be subject to the Development Agreement and the Developer and the District desire that the 13.86 acres be annexed into its territory for the purpose of providing water, sewer, drainage, transportation, and recreational facilities to land within its boundaries and for purposes of the Strategic Partnership Agreement as well as the Water Supply and Waste Disposal Agreement; and First Amendment, Page 1 NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the Parties hereto do hereby mutually agree as follows: 1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as used in this First Amendment shall have the same meanings as in the Agreement. 2. Amendment. a. The term "Property" as used in the following documents shall mean and include the entire 514.394 acres, described in Exhibits "A" and "A-1," which are attached hereto and incorporated herein for all intents and purposes: 1. The Agreement, 2. The Strategic Partnership Agreement, and 3. The Plan of Development. b. The term "Service Area" as used in the Water Supply and Waste Disposal Agreement shall include the 13.86 acres described in Exhibit "A-1." c. The maximum density of 4.0 units per acre shall hereafter be defined as a total of 2,057 dwelling units for the entire 514.394 acres. 3. Entire Agreement. The provisions of this First Amendment and the Agreement and the documents referenced therein should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement and the documents referenced therein, the provisions of this First Amendment shall control. 4. Interpretation. This First Amendment has been jointly negotiated by the Parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this First Amendment. 5. Ca tions. Captions contained in this First Amendment are for reference only and, therefore, have no effect in construing the documents. The captions are not restrictive of the subject matter of any section. 6. Further Documents. Each Party shall, upon request of the other party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 7. Recordation. This Amendment shall run with the land and be recorded in the real property records of Harris County and be binding upon the Property, Parties, and all successor owners. Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed lot within the Property which has been improved with a residential dwelling unit except for land use and development regulations, City Ordinances that First Amendment, Page 2 apply to specific lots or residents of the City, and annexation of the property by the City. For purposes of this Agreement: (a) the term "end -buyer" means an owner of any fully developed lot within the Property, but said end -buyer will not be considered the Owner or Developer, and (b) the term "fully developed lot" means any lot, regardless of the use, for which a certificate of occupancy has been issued for a structure thereon. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. "CITY" CITY OF BAYTOWN, TEXAS RICHARD L. DAVIS, City Manager ATTEST: Un LETICIA BRYSCH, City Clerk (SEAL) THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the day of , 2018, by RICHARD L. DAVIS, the City Manager of City of Baytown, Texas, on behalf of said city. Notary Public, State of Texas (NOTARY SEAL) First Amendment. Page 3 "DEVELOPER" LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership dba Friendswood Development Company By: Lennar Texas Holding Company, a Texas Corporation, its general partner THE STATE OF TEXAS § COUNTY OF HARRIS § dent This instrument was acknowledged before me on this the `.? day of LQ&, by JW�e 1 Lc of Lennar Texas Holding Company, acting as general partner of Lennar Homes of Texas Land and Construction, Ltd. YOLANDA BARAJAS Notary ID # 4912704 My Commission Expires ,�*'z September 29, 2020 Notary Public, State of xas a \\COBFSOI\Legal\Karen\Files\Contracts\Lennar Homes Development Agreement\First Amendment to Development Agreement.docx First Amendment, Page 4 EDIT "A" 500.534 ACRES A compilation of 5 tracts totaling 500.534 acres in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being further described by metes & bounds below: Tract 1: A METES & BOUNDS description of a certain 65.604 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth-Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 65.604 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with S&V plastic cap found for the northwest comer of a called 13.860 acre tract of land described in the deed to Sowell Wallisville Partners, LP, recorded in Clerk's File Number 20110485127 of the Harris County Official Public Records of Real Property; THENCE, South 26 Degrees 57 Minutes 03 Seconds East, with the westerly line of said 13.860 acres, a distance of 832.92 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set for corner; THENCE, South 47 Degrees 33 Minutes 21 Seconds West, continuing with said westerly line, a distance of 651.92 feet to a 5/8 -inch iron rod with S&V plastic cap found for the southwest corner of said 13.860 acres; THENCE, South 61 Degrees 19 Minutes 46 Seconds East, with the southerly line of said 13.860 acres, a distance of 1342.78 feet to a 5/8 -inch iron rod found for the southeast comer of said 13.860 acres, also being in the westerly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement, a distance of 403.79 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the northerly right-of-way line of Wallisville Road (right-of-way varies), common with the southerly line of said 309.7686 acres; THENCE, South 86 Degrees 58 Minutes 43 Seconds West, with said common line, a distance of 1603.78 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, North 03 Degrees 04 Minutes 58 Seconds West, continuing with said common line, a distance of 11.34 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, South 86 Degrees 55 Minutes 02 Seconds West, continuing with said common line, a distance of 301.84 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") Exhibit "A," Page 1 set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way) and being the southwest corner of said 309.7686 acres; THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 309.7686 acres, a distance of 1587.91 feet to a set 3/4 - inch iron rod (with cap stamped "JonesiCarter property comer") at the southwest comer of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the northwest comer of said 309.7686 acres; THENCE, North 17 Degrees 27 Minutes 36 Seconds East, with the southerly line of said 36.93 acres, common with the northerly line of said 309.7686 acres, a distance of 142.41 feet to a 5/8 - inch iron rod with Land Tech plastic cap, found at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1386.00 feet, a chord bearing of North 46 Degrees 08 Minutes 27 Seconds East, a chord length of 483.40 feet and an arc length of 485.88 feet, to a found 5/8 -inch iron rod; THENCE, North 36 Degrees 04 Minutes 39 Seconds East, continuing with said common line, a distance of 566.89 feet to a found 5/8 -inch iron rod; THENCE, South 53 Degrees 56 Minutes 59 Seconds East, continuing with said common line, a distance of 114.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set for corner; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, continuing with said common line, a distance of 263.07 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the westerly line of said 150 -foot easement; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with the westerly line of said 150 -foot easement a distance of 356.26 feet to a 5/8 -inch iron rod with S&V plastic cap found at the northeast comer of said 13.860 acres; THENCE, South 76 Degrees 25 Minutes 37 Seconds West, with the northerly line of said 13.860 acres, a distance of 133.63 feet to the POINT OF BEGINNING, CONTAINING 65.604 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JonesiCarter in Bellaire, Texas. Tract 2: A METES & BOUNDS description of a certain 107.208 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 309.7686 acre tract of land described as Tract Two in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 107.208 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; Exhibit "A," Page 2 BEGINNING at a 1/2 -inch iron rod found for the southwest comer of a called 15.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G812757 of the Harris County Official Public Records of Real Property; THENCE, South 89 Degrees 12 Minutes 40 Seconds East, with the southerly line of said 15.0000 acres, a distance of 1168.52 feet to a 5/8 -iron rod with plastic cap found at the southeast comer of said 15.0000 acres and being in the westerly right-of-way line of Garth Road (right-of- way varies), common with the easterly line of said 309.7686 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said common line, a distance of 122.38 feet to a 5/8 -inch iron rod with Terra plastic cap found for corner; THENCE, North 89 Degrees 36 Minutes 07 Seconds West, continuing with said common line, a distance of 10.38 feet to a 5/8 -inch iron rod with Costello plastic cap found for corner; THENCE, South 10 Degrees 54 Minutes 11 Seconds East, continuing with said common line, a distance of 19.32 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northeast comer of a called 106.85 acre tract of land described in the deed to Castlerock Communities, LP, recorded in Clerk's File Number 20150041623 of the Harris County Official Public Records of Real Property; THENCE, South 80 Degrees 25 Minutes 52 Seconds West, with the northerly line of said 106.85 acres, a distance of 6.10 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, North 89 Degrees 12 Minutes 59 Seconds West, continuing with said northerly line, a distance of 2176.58 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 76 Degrees 25 Minutes 01 Seconds West, continuing with said northerly line, a distance of 503.99 feet to a found 5/8 -inch iron rod with Cob plastic cap; THENCE, South 63 Degrees 23 Minutes 29 Seconds West, continuing with said northerly line, a distance of 28.75 feet to a 5/8 -inch iron rod with Cob plastic cap found at the northwest comer of said 106.85 acres and being in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 499.42 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the southerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, North 35 Degrees 07 Minutes 01 Seconds East, with said southerly line, a distance of 2342.65 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, North 53 Degrees 56 Minutes 59 Seconds West, continuing with said southerly line, a distance of 70.00 feet to a found 5/8 -inch iron rod with Landtech plastic cap; Exhibit "A," Page 3 THENCE, North 36 Degrees 02 Minutes 26 Seconds East, continuing with said southerly line, a distance of 892.80 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set at the beginning of a non -tangent curve to the right; THENCE, continuing with said southerly line and said non tangent curve turning to the right, having a radius of 815.00 feet, a chord bearing of North 54 Degrees 17 Minutes 26 Seconds East, a chord length of 510.30 feet and an arc length of 519.03 feet, to a found 5/8 -inch iron rod; THENCE, South 60 Degrees 55 Minutes 06 Seconds East, continuing with said southerly line, a distance of 56.73 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, departing said southerly line and over and across said 309.7686 acres, a distance of 2169.57 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, North 79 Degrees 05 Minutes 54 Seconds East, continuing over and across said 309.7686 acres, a distance of 20.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the westerly right-of-way line of said Garth Road; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said right-of-way line, a distance of 123.44 feet to a 5/8 -inch iron rod found at the northeast comer of a called 5.0000 acre tract of land described in the deed to Goose Creek, I.S.D., recorded in Clerk's File Number G873953 of the Harris County Official Public Records of Real Property THENCE, South 79 Degrees 06 Minutes 26 Seconds West, with the northerly line of said 5.0000 acres, a distance of 1002.22 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set at the northwest comer of said 5.0000 acres; THENCE, South 00 Degrees 48 Minutes 26 Seconds West, with the westerly line of said 5.0000 and 15.0000 acres, a distance of 700.00 feet to the POINT OF BEGINNING, CONTAINING 107.208 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 3: A METES & BOUNDS description of a certain 263.445 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 263.445 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a 3/4 -inch iron rod found at the northwest comer of said 348.0163 acres, common with the southwest comer of a called 89.1 acres tract of land described in the deed to George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); Exhibit "A," Page 4 THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 253.78 feet; THENCE, South 12 Degrees 24 Minutes 47 Seconds East, a distance of 20.00 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the easterly line of a 150 -foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records and being the POINT OF BEGINNING of the herein described tract; THENCE, North 77 Degrees 35 Minutes 13 Seconds East, over and across said 348.0163 acres, a distance of 3806.48 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer"); THENCE, South 57 Degrees 03 Minutes 09 Seconds East, continuing over and across said 348.0163 acres, a distance of 140.51 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, North 77 Degrees 30 Minutes 45 Seconds East, continuing over and across said 348.0163 acres, a distance of 237.81 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, South 10 Degrees 54 Minutes 06 Seconds East, continuing over and across said 348.0163 acres, a distance of 1932.83 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property, common with the southerly line of said 348.0163 acres; THENCE, South 37 Degrees 33 Minutes 33 Seconds West, with said common line, a distance of 90.02 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") at the beginning of a non -tangent curve to the left; THENCE, continuing with said common line and non -tangent curve turning to the left, having a radius of 1014.00 feet, a chord bearing of South 54 Degrees 16 Minutes 43 Seconds West, a chord length of 634.92 feet and an arc length of 645.78 feet, to a set 3/4 -inch iron rod (with cap stamped "JonesiCarter property corner"); THENCE, South 36 Degrees 03 Minutes 51 Seconds West, continuing with said common line, a distance of 517.88 feet to a set 3/4 -inch iron rod (with cap stamped "JonesICarter property corner"); THENCE, South 46 Degrees 49 Minutes 36 Seconds West, continuing with said common line, a distance of 381.60 feet to a set 3/4 -inch iron rod (with cap stamped "JonesiCarter property comer"); THENCE, South 36 Degrees 43 Minutes 26 Seconds West, continuing with said common line, a distance of 2135.90 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the easterly line of said 150 -foot wide Houston Lighting and Power easement; Exhibit "A," Page 5 THENCE, North 26 Degrees 57 Minutes 01 Seconds West, with said easterly line, a distance of 4418.31 feet to the POINT OF BEGINNING, CONTAINING 263.445 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4A: A METES & BOUNDS description of a certain 62.431 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 62.431 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 3/4 -inch iron rod found at the northwest corner of said 348.0163 acres, common with the southwest corner of a called 89.1 acres tract of land described in the deed to George Hamman, recorded in Volume 1054, Page 259 of the Harris County Deed Records and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 77 Degrees 35 Minutes 13 Seconds East, with the southerly line of said 89.1 acres, common with the northerly line of said 348.0163 acres, a distance of 94.15 feet to a 3/4 - inch iron rod (with cap stamped "JonesiCarter property comer") set in the westerly line of a 150 - foot wide Houston Lighting and Power easement recorded in Volume 3021, Page 30 of the Harris County Deed Records; THENCE, South 26 Degrees 57 Minutes 01 Seconds East, with said westerly line, a distance of 4552.09 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property comer") set in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 43 Minutes 26 Seconds West, with said northerly line, a distance of 672.23 feet to a 5/8 -inch iron rod with landtech plastic cap found for the northeast corner of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property; THENCE, South 76 Degrees 55 Minutes 35 Seconds West, with the northerly line of said 1.899 acres, a distance of 240.00 feet to a found 5/8 -inch iron rod with cap; THENCE, South 20 Degrees 47 Minutes 18 Seconds West, continuing with said northerly line, a distance of 239.00 feet to a found 5/8 -inch iron rod with cap; THENCE, South 76 Degrees 26 Minutes 44 Seconds West, continuing with said northerly line, a distance of 188.03 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); Exhibit "A," Page 6 THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said easterly right-of-way line, common with the westerly line of said 348.0163 acres, a distance of 4603.46 feet to the beginning of a curve to the left, from which a found 5/8 -inch iron rod bears North 46 Degrees 42 Minutes 52 Seconds East, a distance of 1.12 feet; THENCE, with said common line and curve turning to the left, having a radius of 858.85 feet, a chord bearing of North 28 Degrees 42 Minutes 16 Seconds West, a chord length of 468.16 feet and an are length of 474.16 feet to the POINT OF BEGINNING, CONTAINING 62.431 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Tract 4B: A METES & BOUNDS description of a certain 1.846 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas, being part of the residue of a called 348.0163 acre tract of land described as Tract One in the deed to Garth Wallisville, LTD, recorded in Clerk's File Number 20090462192 of the Harris County Official Public Records of Real Property; said 1.846 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; BEGINNING at a 5/8 -inch iron rod with plastic cap found at the southwest corner of a called 1.899 acre tract of land described in the deed to the San Jacinto River Authority, recorded in Clerk's File Number 20150508810 of the Harris County Official Public Records of Real Property and being in the easterly right-of-way line of Haney Road (a 70 -foot right-of-way); THENCE, North 76 Degrees 26 Minutes 40 Seconds East, with the southerly line of said 1.899 acres, a distance of 475.93 feet to a 3/4 -inch iron rod (with cap stamped "JonesICarter property corner") set at the southeast corner of said 1.899 acres and being in the northerly line of a called 36.93 acre tract of land described in the deed to the Coastal Industrial Water Authority, recorded in Clerk's File Number D838008 of the Harris County Official Public Records of Real Property; THENCE, South 36 Degrees 04 Minutes 42 Seconds West, with said northerly line, a distance of 141.03 feet to a found 5/8 -inch iron rod at the beginning of a non -tangent curve to the right; THENCE, continuing with said northerly line and non -tangent curve turning to the right, having a radius of 1210.00 feet, a chord bearing of South 43 Degrees 02 Minutes 51 Seconds West, a chord length of 294.82 feet and an arc length of 295.56 feet, to a found 5/8 -inch iron rod; THENCE, South 77 Degrees 13 Minutes 30 Seconds West, a distance of 125.28 feet to a 5/8 - inch iron rod found in the easterly right-of-way line of said Haney Road, common with the westerly line of said 348.0163 acres; THENCE, North 12 Degrees 53 Minutes 18 Seconds West, with said common line, a distance of 251.93 feet to the POINT OF BEGINNING, CONTAINING 1.846 acres of land in Harris County, Texas, as shown on Drawing No. 11216 in the office of JoneslCarter in Bellaire, Texas. Exhibit "A," Page 7 EXIiIBIT "A-1" 13.534 ACRES Harris County MUD 213-A 13.860 Acres STATE OF TEXAS § COUNTY OF HARRIS Taleott Patching Survey, A- 620 A METES 8i BOUNDS description of a certain 13.860 acre tract of land situated In the Talcott Patching Survey, Abstract No. 620, In Harris County, Texas; said 13.860 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a found 5/84nch iron rod found at the northwest comer of a called 106.65 acre tract of land recorded in Clerks File Number 20150041623 of the Harris County Official Public Records of Real Property; THENCE, South 88 Degrees 34 Minutes 56 Seconds West, a distance of 166.24 feet to the POINT OF BEGINNING of the herein described tract; THENCE, South 26 Degrees 57 Minutes 06 Seconds East, a distance of 208438 feet to a point for corner; THENCE, North 61 Degrees 19 Minutes 51 Seconds West, a distance of 1342.78 feet to a point for corner; THENCE, North 47 Degrees 33 Minutes 16 Seconds East, a distance of 651.92 feet to a point for corner; THENCE, North 26 Degrees 57 Minutes 08 Seconds West, a distance of 832.92 feet to a point for corner; THENCE, North 76 Degrees 25 Minutes 32 Seconds East, a distance of 133.63 feet to the POINT OF BEGINNING, CONTAINING 13.860 acres of land in Harris County, Texas This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests Implied or established by the creation or reconfiguration of the politi®I subdivision for which it was prepared. Acting By/Through Jeromy Alvin Chandler Registered Professional Land Surveyor No. 5755 JChandler@jonescarter.com Jones ICarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713)777-5337 Texas Board of Professional Land Surveying Registration No. 10046100 Page 1 of 1 K:4flssa•1t05687.000940 Fac - 519 Acre 9aytevm Tr2d11 surveying PhONVOCumencs CreWgdlHCMUD 213-A13ASOACRE, doc Exhibit "A-1," Page 1