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CC Resolution No. 2574RESOLUTION NO. 2574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 172.31 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in an improvement district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and 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 annexation by Chambers County Improvement District No. 2, hereinafter referred to as the "District," of 172.31 acres of land located within the extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof, and WHEREAS, the City Council of the City is in support of the proposed annexation of the 172.31 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein; and WHEREAS, the District, who has requested the City Council's consent, has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City granting its consent of the proposed annexation, has agreed, and by the acceptance of the benefits of this resolution does 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 subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 172.31 acres of land located within the extraterritorial jurisdiction of the City 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 to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." Section 2: That the City's consent to the inclusion of the Land in the District is expressly contingent upon the following: a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will have a duplicate original of this agreement approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered such executed agreement to the City Attorney of the City. b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition, repair, contracting for, extension and improvement of or otherwise acquiring land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: provide a water supply for municipal uses, domestic uses and commercial purposes; • collect, transport, process, dispose of and control all domestic or communal wastes whether in fluid, solid or composite state; • gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operation expenses during construction, interest during construction, and the cost of issuing bonds; or • establish, finance, provide, operate and maintain a fire department and/or fire- fighting services: • Design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads; • finance, develop and maintain recreational facilities; • promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; • secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District; • to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law; or • refund bonds issued for the foregoing purposes. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the 15th anniversary of the date of issuance without premium. The bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95% of par; provided, however, the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the date of notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. To the extent any bonds of the District are secured by a pledge of the revenues from the operation of the District's system, the District's resolution authorizing the issuance of the District's bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors, officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer, drainage, road, recreational and fire -fighting facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, flush valves, valves, pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, W installed or used within the territory of the District shall comply with the City's standard plans and specifications. All road, recreational, and Ere -fighting facilities installed or used within the territory of the District shall conform to all applicable specifications of the City. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary sewer, drainage, road, recreational, and fire -fighting facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities, the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on -the -ground inspections at any time. As further definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. f. Employment of Operator. If applicable, the District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty (30) days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though levels of rates may vary. j. Treated Water and Sewer Services. The District has entered into a contract with the City of Baytown for the purchase of (i) treated water services and (ii) wastewater treatment and disposal services. Pursuant to this Agreement, the District has agreed that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. k. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. 3 1. Annexation at Any Time. The enabling legislation for the creation of the District contains provisions that will allow the City (i) to annex all or part of the District, notwithstanding any provision of Chapter 43, Local Government Code, (ii) that such annexation shall not result in total or partial dissolution of the District or an assumption by the City of any of the District's obligations or indebtedness, and (iii) that annexation of all or part of the District has no effect on the validity of the District and the District shall continue to exist and exercise the powers granted to it by such enabling legislation. 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 the 28`h day of March, 2019. BRANDON CAPETILLO, Mayo ATTEST: LETICIA BRYSCH, APPROVED AS TO FORM: NACIO RAMIREZ, SR., y Attorney cobfs01Uega1\Karen\Fi1es City CoundhResolutions\2019Wlarch 28•.ChambersCountyMUDAnnexationl72+AcresintoCCID#2Revised.doc 4 Exhibit "A" PETITION.FOR CONSENT TO INCLUDE ADDITIONAL LAND IN CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2 THE STATE OF TEXAS § COUNTY OF CHAMBERS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: AmeriPort, LLC, a Texas limited liability company, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Chambers County, Texas ("Landowner"), and Chambers County Improvement District No. 2 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, as amended, respectfully petition for consent to include additional land in a special district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 and Article HI, Sections 52 and 52-a of the Constitution of Texas, Chapter 3872, Texas Special District Local Laws Code, Chapters 49 and 54, Texas Water Code, as amended, and Chapter 375, Texas Local Government Code, as amended, and was created by an Act of the 81St Texas Legislature. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Chambers County, Texas. Landowner represents and warrants that there are no holders of liens against said land. 11. The land sought to be , added to the District is comprised of two (2) tracts of land containing a total of approximately 111.90 acres of land, more or less, which tracts lie wholly within Chambers County, Texas. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et sea., as amended, said area is within the extraterritorial jurisdiction of the City of Baytown, Texas, and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements,. facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; (4) establish, finance, provide, operate and maintain a fire department and/or fire- fighting services ("firefighting facilities") within the District subject to approval of the Texas Commission on Environmental Quality pursuant to its rules and Chapter 49 of the Texas Water Code, as amended; (5) design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads ("Road Powers) pursuant to applicable law and Article III, Section 52 of the Texas Constitution; (6) finance, develop and maintain recreational facilities for the people of the District; (7) promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; (8) secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District; and (9) to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law. V. The area of the District is urban in nature, is within the growing environs of the City of Baytown, Texas, and is in close proximity to populous and developed sections of Chambers County, Texas. The District's area will, within the immediate future, experience a substantial and sustained industrial and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: 2 (1) The land sought to be added to the District is not supplied with adequate water and sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, and drainage facilities for and within the land sought to be added to the District. (2) The present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require such additional facilities as may be necessary to promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare, including, without limitation, recreational facilities, as same are necessary and desirable for the health and well-being of such inhabitants. The land sought to be added to the District does not currently include adequate recreational facilities. (3) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto may require fire -fighting facilities in order to supplement or supplant fire -fighting services otherwise provided by governmental entities other than the District, as fire -fighting services are necessary and desirable for the health and welfare of such inhabitants. (4) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require adequate road facilities, as same are necessary and desirable for the health and welfare of such inhabitants, and for the orderly growth of industrial and commercial development within the area and territories adjacent thereto. Road Powers are of necessity to the land within the District and the land sought to be added to the District as such powers will allow the District to -construct, acquire, improve, and provide financing for road facilities that may not otherwise be constructed in -a manner that will proactively address safety, capacity, durability, economic feasibility, and regional mobility issues. A public necessity exists for the addition of said lands to the District to promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District and to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the purchase, construction, extension, improvement, maintenance and operation of a water supply and sanitary sewer system, drainage facilities, road facilities, and, subject to the laws of the State of Texas and the rules of the Texas Commission on Environmental Quality, fire -fighting facilities, and such additional facilities, including, without limitation, recreational facilities, as may be necessary and appropriate to accomplish such functions. 3 VI. The Petitioner agrees and hereby covenants that if the requested consent to the annexation of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth in Exhibit "B" attached hereto and incorporated herein for all purposes. VE. It is now estimated by the Petitioner from such information as is available at this time, that the amount of bonds necessary to be issued to finance development costs contemplated within the area proposed to be annexed will be approximately $5,600,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Baytown, Texas, give its consent to the annexation of the aforesaid land into said District. [Remainder of page intentionally left blank.] 4 Dated this the 23� day of V �n , 2017. PETITIONER AmeriPort, LL( By: Mic el J. THE STATE OF TEXAS § COUNTY OF S § Texas limited liability company This instrument was acknowledged before me on this 00day of M Cfi— , 2017, by Michael J. Plank, manager of AmeriPort, LLC, a Texas limited liability company; on behalf of said entity. LEESA MARIE CARDEN ;%Notary Public, Stete'o Taxas Comm. Expires 09-12-2020 Notary ID 130616946 (SEAL) 440346 ly 6 4 — Notary Public in and for the State of Texas I CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 By: -1'l OVA f ,1k, Patsy w drop President, Board of Directors By: h Stepl a Olson Secretary, Board of Directors (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me an this (?^ day of Marc h 2017, by Patsy Waldrop, President of Chambers County Improvement District No. 2 on behalf of said district. RACHEL HOLLYWOOD NOTARY ID #130543447 My Commission Expires February 17, 2020 l.LOT- 1h Notary Pub 'c m and for the State of Texas e s f1 it 11ndrose Land Services, Inc i 3200 Mterest, Sulfa 225 .r Houston, Texas 77042 Phone (713) 458-2281 Fax (713) 4614161 Professional Development Consultants . �- Lend Surveying, Platting, Project Management and G1S Services Firm Regfstratlon No. 10108800 CHAMBERS COUNTY 1WROVEMENT DISTRICT NO.2 TRACT V-105.09 ACRES A TRACT OR PARCEL CONTAINING 105.09 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY, ABSTRACT NUMBER 321 AND TIM G.L. SHORT SURVEY, ABSTRACT 140. 228, CHAMBERS COUNTY, TEXAS, WITH SAID 105.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A POINT ON THE WEST R-O.W LINE OF GRAND PARKWAY (ORIGINALLY STATE HIGHWAY 99) (R.O W WIDTH VARIES), MARKING THE SOUTHEAST CORNER OF THE FEItEINDESCRMED TRACT; THENCE SOUTH 87 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 451.49 FEET TO AN DMUUOR CORNER OF THE HEREIN DESCRIBED 'TRACT; THENCE SOUTH 77 DEGREES 21 MDMTES 47 SECONDS WEST, A DISTANCE OF 2.564.14 FEET TO THE SOUTHWEST CORNER OF THEHEREIN DESCRIBED TRACT; TMW E, NORTH 18 DEGREES 06 MINUTES 21 SECONDS BAST, A DISTANCE OF 37.07 FEET TO AN ANGLE POINT; THENCE, NORTH 31 DEGREES 38 MINUTES 03 SECONDS EAST, A DISTANCE OF 1783.19 FEET TO A NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 87 DEGREES 14 MINUTES 23 SECONDS EAST, A DISTANCE OF 1504.78 FEET TO AN INTERIOR CORNER OF THE HERON DESCRIBED TRACT; THENCE, NORTH 02 DEGREES 48 M MUTES 21 SECONDS WEST, A DISTANCE OF 2202.84 FEET TO A WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 31 DEGRBaS 53 MINUTES 58 SECONDS BAST, A DISTANCE OF 578.30 FBI' TO THE BEGIN N]NG OF A CURVE TO THE LEFT; THENCE, WITH A CURVE TO THE LEFT, HAVING AN ARC DISTANCE OF 34735 FEET, A RADIUS OF 570.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 54 MINUTES 55 SECONDS,A. CHORD BEARING AND DISTANCE OF NORTH 14 DEGREES 16 MR4UTPS 58 SECONDS EAST, 342.00 FEET TO A POINT OF TANGENCY; THENCE, NORTH 03 DEGREES 01 MiN{TTFS 02 SECONDS WEST, A DISTANCE OF 114430 FEET TO AN ANGLE POINT; THENCE, NORTH 03 DEGREES 57 MINUTES 02 SECONDS WEST, A DISTANCE OF 399.60 FEET TO AN ANGLE POINT; . THENCE, NORTH 03 DEGREES 06 MINUTES 02 SECONDS WEST, A DISTANCE OF 800.2.0 FEET TO AN ANGLE POINT; THENCE, NORTH 02 DEGREES 32 MINUTES 02 SECONDS WEST, A DISTANCE OF 332.76 FEET TO THE NORTHWEST CORNER: OF TEE HEREIN DESCRIBED TRACT; THENCE, NORTH 87 DEGREES 03 MINUTES 31 SECONDS EAST, A DISTANCE OF 190.81 FEET TO THE NORTHEAST (:ORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG THE WEST RO.W UNE OF SAID GRA W PARKWAY, SOUTH 02 DEGREES 48 M NU O 26 SECONDS BAST, A DISTANCE OF 221 FEET TO AN ANGLIi POINT; THENCE, CONTINUING ALONG THE WEST R.O.W UNE OF SAID GRAND PARKWAY, SOUTH 02 DEGREES 44 i MINUTES 38 SECONDS EAST, ADISTANCE OF 2737.96 FEET TO AN ANGLE POINT; THENCE, CONTINUING ALONG THE WEST RO.W LINE OF SAID GRAND PARKWAY, SOUTH 87 DEGREES 44 MINUTES 19 SECONDS WEST, A DISTANCE OF 1.32 FEET TO APOINT FOR CORNER AND BEGINNING OF A CURVB TO THRIGHT; TMWCB, CONTMM,'.G ALONG THE WEST RO.W LINE OF SAID GRAND PARKWAY, ALONG WITH A ; CURVE TO THE RIGHT, HAVING AN ARC DISTANCE OF 996.80 FEET, A RADIUS OF 17,038.73 FEET, A C - IRAL ANGLE OF 03 DEGREES 21' MINUTES 07 SECONDS, A CHORD BEARING AND DISTANCE OF SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, 996.66 FEET TO A POINT OF TANGENCY; SHEET 1 OF 2 Y:Wroje W46137--Delta Companies Group1915-Ward. Gam and Assoc.latm LK14411\1441 I-SURVEYW (AL4411 Metes & ' BoundM6137 CCID-Tract V.doc i i i CHAMBERS COUNTY MRO , NT DISTRICT NO.2 TRACT V-105.09 ACRES (CONTD.) THENCE, CONTMMG ALONG TSE WEST MOM LINE OF SAID GRAND PARKWAY, SOUTH 01 DEGREE'S 09 MINUTES 26 SECONDS WEST, A DISTANCE OF 256.84 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE, CONTINUING ALONG THE WEST RO.W LINE OF SAID GRAND PARKWAY, ALONG WITH A CURVE TO THE: LEFT, HAVING AN ARC DISTANCE OF 118733 FEET, A RADIUS OF 17,338.73 FEET, A CENTRAL ANGLE OF 03 DEGREES 55 MINUTES 25 SECONDS, A CHORD BEARING AND DISTANCE OF SOUTH 00 DEGREES 48 UM-R `ES 16 SECONDS WEST,1187.10 FEET TO A POINT OF TANGENCY; THENCE, CONTDARNG ALONG T IM WEST R.O.W LINE OF SAID GRAND PARKWAY, SOUTH 02 DEGREES 45 MINUTES 59 SECOND_ S EAST, A DISTANCE OF 244.70 FM TO A SOUTHEAST CORNER OF T11E IIEREIN DESCRIBED TRACT; THENCE, NORTH 87 DEGREES 41 MINUTES 00 SECONDS WEST, A DISTTANCE OF 186.85 FEET TO AN ANGLE POINT; THENCE, SOUTH 89 DEGRE13S 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 215.20 FEET TO AN INTERIOR CORNER OF THE HffitEIN DESCRIBED TRACT; THENCE, SOUTH 07 DEGREES 39 MINVIM 03 SECONDS EAST, A DISTANCE OF 96.07 FEET TO AN ANGLE POINT; THENCE, SOUTH 02 DEGREES 13 bIINUMS 02 EAST, A DISTANCE OF 20257 FEET TO AN ANGLE POINT; THENCE, SOUTH 06 DEGREES 22 MINUTES 08 SECONDS EAST, A DISTANCE OF 5026 PEST TO AN ANGLE POINT; THENCE, SOUTH 10 DEGREES 08 MINUTES 53 SECONDS EAST, A DISTANCB OF 7.50 FEET TO AN ANGLE POINT; THMCE, SOUTH 13 DEGREES 54 MINUTES 42 SECONDS VAST, A DISTANCB OF 243.60 FEET TO AN ANGLE POINT; THENCE, SOUTH 13 DEGREES 54 MIN rrES 36 SECONDS EAST, A DISTANC$ OF 196.56 FEET TO AN ANGLE POINT; THENCE, SOUTH 22 DEGREES 32 MINUTES 33 SECONDS EAST, A DISTANCE OF 3730 FEET TO AN ANGLE POINT; THENCE, SOUTH 34 DEGREES 54 MIlIUIES 59 SECONDS BAST, A DISTANCE OF 21.88 FEET TO AN ANGLE POINT; THENCE, SOUTH 45 DEGREES 43 MINUTES 08 SECONDS EAST, A DISTANCE OF 216.55 FEET TO AN ANGLE POINT; THENCE, SOUTH 48 DEGREES 10 MINUTES 46 SECONDS EAST, A DISTANCE OF 117.90 FEET TO A POINT ON TTE WEST R.O.W. LINE OF SAID GRAND PARKWAY, MARKING AN ANGLE POINT; THENCE, CONTINUING ALONG THE WEST R.O.W LINE OF SAID CALLED GRAND PARKWAY, SOUTH 02 DEGREES 45 MINUTES 59 SECONDS EAST, A DISTANCE OF 268.68 FEET TO THE PLACE OF BEGINNING AND CONTAINING 105.09 ACRES, AS SHOWN ON SURVEY, JOB NO. 49292, FILED IN THE OFFICE OF WINDROSE LAND SERVICES, INC. el O R.P.L.S. NO.5101 STATE OF TEXAS SHEET 2 OF 2 03/21/2014 DATE: REV: 05/05/14 AV Wlndrose Land Services, Inc 3200 Wllcr"4 Suite 325 Houston, Texas 77042 Phone (713) 45&2281 Fax (713) 461-1151 Professional Development Consultants �- Land Surveying, Platting, Project Management and G1S Services Finn Registration No. 10106800 CHAMBERS COUNTY WROVEHM DISTRICT NO.2 TRACT VI - 6.81 ACRES A TRACT OR PARCEL CONTAMG 6.81 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY, ABSTRACT NUMBER 321, CHAMBERS COUNTY, TEXAS, WITH SAID 6.81 ACRE TRACT BEING MORE PARTECULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT THE NORTIMAST CORNER OF TEB KMEIN DESCRIBED TRACT, SAME BEING THE SOUTM AST CORNER OF WEST CHANBW COUNTY ESTATES, SECTION TWO, VOL. B, PG. 75, C.C.P R-; TiiENCB, SOUTH 02 DEGREES 32 MINUTES 32 SECONDS BAST, A DISTANCE OF 716.83 FEET TO THE BEGi OW0 OF A CURVE TO THE RIGHT; THENCE, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVINO AN ARC DISTANCE OF 288.94 FEET, A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 29 MINUTES 24 SECONDS, A CHORD BBARING AND DISTANCE OF SOUTH 14 DEGREES 26 MINUTES 58 SECONDS WEST, 284.60 FEET TO A POINT OF TANGENCY; THENCE, SOUTH 31 DBGREES 25 MINUTES 58 SECONDS WEST, A DISTANCE OF 344.43 FEET TO THE MOST sour 8RLY CORNER OF THE HEREIN DESCRIBED TRACT; i THENCE, NORTH 02 DEGREES 48 MINUTES 21 SECONDS WEST, A DISTANCE OF 1273.32 FEET TO THE ' NORTHWEST CORNER OF THE HEREINDESCRIBED TRACT; MMgCE, NORTH 87 DEGREES 11 MINUTES 15 SECONDS EAST, A DISTANCE OF 281.51 FEET TO THE PLACE OF BEGIIOM40 AND CONTAINING 6.81 ACRES OF LAND AS SHOWN ON SURVEY, JOB NO.49292, F= IN THE OFFICES OF WWROSE LAND SEQVICBS, INC. OWSKI R.P.L,S. NO.5101 STATE OF TEXAS 03/21/2014 DATTi: Y:1PrWcC s\46137-Delta Con pa Ics Gsoup19154Wa:d, Gen and Associates, LN1441 IU441 I-SURVEYINMI4411-Macs & Soun&\46I37 CCID-Tract V1.doc EXHIBIT n1311 CONDITIONS TO CONSENT TO CREATION OF CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 a. Ratification .of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the of will cause a duplicate original of these conditions to be approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered the executed agreement to the City Attorney of the City by which such approval and ratification is evidenced, b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition,. repair, contracting for, extension and improvement of or otherwise acquiring land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: • provide a water supply for municipal uses, domestic uses and commercial purposes; • collect, transport, process, dispose of and control all domestic or communal wastes whether in fluid, solid or composite state; • gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operation expenses during construction, interest during construction, and the cost of issuing bonds; • establish, finance, provide, operate and maintain a fire department and/or fire -fighting services; • design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads; + finance, develop and maintain recreational facilities; • promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; • secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District; • to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law; .or • refund bonds issued for the foregoing purposes. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the tight to redeem said bonds on any interest payment date subsequent to the 15`4 anniversary of the date of issuance without premium. The bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95% of par; provided, however, the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the date notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. To the extent any bonds of the District are secured by a pledge of the revenues from the operation of the District's system, the resolution authorizing the issuance of such bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of such bonds will terminate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors,. officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer, drainage, road, recreational and fire -fighting facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, flush valves, valves, pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the territory of the District shall comply with the City's standard plans and specifications, All road, recreational and fire -fighting facilities installed or used within the territory of the District shall conform to all applicable specifications of the City. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary sewer, drainage, road, recreational and fire -fighting facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities, the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on the ground inspections at any time. As f irther definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and ' specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. f. Employment of Operator. If applicable, the District must employ an operAtor holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of Iand, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be M duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though level of rates may vary. J• Treated Water and Sewer Services. The District currently intends to enter into a contract with the City of Baytown for the purchase of treated water services, subject to mutual agreement as to terms and conditions therefor. The District currently intends to enter into a contract with the City of Baytown for the purchase of wastewater treatment and disposal services, subject to mutual agreement as to terms and conditions therefor. Any such agreements shall provide that the District agrees that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. k. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan to be approved by the City. 1. Annexation At Any Time. The enabling legislation for the creation of the District shall contain. provisions that will allow the City (i) to annex all or part of the District, notwithstanding any provision of Chapter 43, Local Government Code, (ii) that such annexation shall not result in total or partial dissolution of the District or an assumption by the City of any of the District's -obligations or indebtedness, and (iii) that annexation of all or part of the District has no effect on the validity of the District and the District shall continue to exist and exercise the powers granted to it by such enabling legislation. zo%39a \% ;**Act TRACT I .62 Amu -7 ... ... "ACT a 1739 Wn TRA �VNORTH TRACT 4. Ya • TRACT VM is AT -00 cwm TAKE * 7-w;� tt. YI[ TARP O. Z7 Gomm" oTt- CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2 895.37 ACRES C.aWia3 Tf— Exhibit "A" PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN CHAMBERS COUNTY ]IMPROVEMENT DISTRICT NO. 2 THE STATE OF TEXAS § COUNTY OF CHAMBERS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: National Property Holdings, L.P.; a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Chambers County, Texas ("Landowner"), and Chambers County Improvement District No. 2 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, as amended, respectfully petition for consent to include additional land in a special district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 and Article III, Sections 52 and 52-a of the Constitution of Texas, Chapter 3872, Texas Special District Local Laws Code, Chapters 49 and 54, Texas Water Code, as amended, and Chapter 375, Texas Local Government Code, as amended, and was created by an Act of the 81St Texas Legislature. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Chambers County, Texas. Landowner represents and warrants that there are no holders of liens against said land. IN The land sought to be added to the District is comprised of two (2) tracts of land containing a total of approximately 60.41 acres of land, more or less, which tracts lie wholly within Chambers County, Texas. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et sea., as amended, said area is within the extraterritorial jurisdiction of the City of Baytown, Texas, and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. Im The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general -nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; (4) establish, finance, provide, operate and maintain a fire department and/or fire- fighting services ("firefighting facilities") within the District subject to approval of the Texas Commission on Environmental Quality pursuant to its rules and Chapter 49 of the Texas Water Code, as amended; (5) design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads ("Road Powers") pursuant to applicable law and Article III, Section 52 of the Texas Constitution; (6) finance, develop and maintain recreational facilities for the people of the District; (7) promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; (8) secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District; and (9) to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law. V. The area of the District is urban in nature, is within the growing environs of the City of Baytown, Texas, and is in close proximity to populous and developed sections of Chambers County, Texas. The District's area will, within the immediate future, experience a substantial and sustained industrial and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: 2 (1) The land sought to be added to the District is not supplied with adequate water and sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, and drainage facilities for and within the land sought to be added to the District. (2) The present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require such additional facilities as may be necessary to promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare, including, without limitation, recreational facilities, as same are necessary and desirable for the health and well-being of such inhabitants. The land sought to be added to the.District does not currently include adequate recreational facilities. (3) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto may require fire -fighting facilities in order to supplement or supplant fire -fighting services otherwise provided by governmental entities other than the District, as fire -fighting services are necessary and desirable for the health and welfare of such inhabitants. (4) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require adequate road facilities, as same are necessary and desirable for the health and welfare of such inhabitants, and for the orderly growth of industrial and commercial development within the area and territories adjacent thereto. Road Powers are of necessity to the land within the District and the land sought to be added to the District as such powers will allow the District to construct, acquire, improve, and provide financing for road facilities that may not otherwise be constructed in a manner that will proactively address safety, capacity, durability, economic feasibility, and regional mobility issues. A public necessity exists for the addition of said lands to the District to promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in- the area within the District and to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the purchase, construction, extension, improvement, maintenance and operation of a water supply and sanitary sewer system, drainage facilities, road facilities, and, subject to the laws of the State of Texas and the rules of the Texas Commission on Environmental Quality, fire -fighting facilities, and such additional facilities, including, without limitation, recreational facilities, as may be necessary and appropriate to accomplish such functions. 3 VI. The Petitioner agrees and hereby covenants that if the requested consent to the annexation of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth in Exhibit "B" attached hereto and incorporated herein for all purposes. VII. It is now estimated by the Petitioner from such information as is available at this time, that the amount of bonds necessary to be issued to finance development costs -contemplated within the area proposed to be annexed will be approximately $4,400,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Baytown, Texas, give its consent to the annexation of the aforesaid land into said District. [Remainder of page intentionally left blank.] 4 Dated this the �c/ day of ar c k , 2017. PETITIONER National Property Holdings, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company, its a THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on thifiJ day of 1Y 1 k*/V, 2017, by Michael J. Plank, Manager of National Property Holdings GP, LLC, a Texas limited liability company, the sole General Partner of National Property Rollddin�gs, L.P., a Texas limited partnership, on behalf of said entities. ��ppY P4B LEESA MARIE CARDEN Notary Public, State of Texas Comm. Expires 09-12.2020 Notary ID 130816946 440348 Notary Public in and for the State of Texas CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 By: 41, Ll ITV, /dam Patsy Walilrop President, Board of Directors By,� J46A dif Ste en Ols n Secretary, Board of Directors (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this S4' day of 1 a rai 2017, by Patsy Waldrop, President of Chambers County Improv went District No. 2, on behalf of said district. RACHEL HOLLYWOOD Notary Pub i m and for the NOTARY ID 613D543447 State of Texas My Commission Expires February 17, 2020 Jbit A y , ; Mndrosa Land Services, Inc 3200 Wil"ust Sutic 325 �+ w..i► Houston, Tax" 77042 ` E Phone (773) 458 2282 Fax 1• (713) 461-115 L Proftslonal'Development Consultants Land Surveying, Plaiting, Prgect Management and G1S Services Flan Regfstradon No. 10908800 CAMBERS COUNTY HYMOVENMW DISTRICT NO.2 TRACT VM- 3952 ACRES A TRACT OR PARCEL CONTAINING 3952 ACRFN SITUATED IN THE BFMA1vIIN WEJFREE SURVEY, ABSTRACT -NO. 20, CHAW BERS COUNTY, TMALS, BEING MOB PARTICULARLY DESCRIBED BY M MS AND BOUNDS AS FOLLOWS, WITS ALL BEARINGS BASED ON TEXAS STATE PLANE OOORDINATE SYSTEK SOUTH COAL ZONE NAD 83: BTGNNING AT A POINT ON TBM EAST RIGHT OF WAY QLO.W.) LINE OF GRAND PARKWAY (R.O.W: VARIES), MARI@TG THE NORTHWEST CORNER OF TIM IZRBIN DESCRIBED TRACT; THENCE, DEPAIL71NO SAID HAST R.O.W. LIM OF MUND PARKWAY, WORTH 86 DECBt M 4511 W TrES 52 SECONDS BAST, A DISTANCE OF 1,475.71 FWr TO A POINT ON THE Y 1LO.W. LUM OF IFI L H GRVAY M. 2354 (120 FOOT R.O.W) AND TFM XORTEBAST CARNEit W TEE UMMM DBSCMED TRACT; T13ENC6, ALONG T BE SAID SWMWEST:ERLY R.O.W. MM OF FIL 2354, SOUTH M DEGREF5 30 MINUTES 05 SBCQNDS EAST, A DISTANCE OF 2957 FEET TO AN EAST CORNER OF THE MREN DESCRIBED TRACT; TMC E3 DEPARTING SAID SOUTHWESTERLY R.O.W. LIME OP SAID F.M. HIGHWAY NO. 2354, SOUTH 86 DEGREES 45 MNUTES 52 SECONDS WEST, A DISTTANCB OF 42.34 FEET TO AN INTERIOR CORM OF THE EMRE3N DESCRIBED TRACT; THENCE, SOME 03 DEGREES 39 M]N UMS 41 SECONDS EAST, A DISTANCE OF 30830 FEET TO AN INTERIOR CORNER OF THE HEREIN DBSCFM D TRACT, TFIENCB, NORTH 86 DEGREES 32 MINUTES 42 SECOND S BAST, A DISTANCE OF 234.11 FEET TO A POINT ON TEE SOVTSI4VE3iEftI.Y RO.W. Ln3E OF SAID 1114L 1UGHWAY 2354 AND BEND AN EAST CORNER OF THE HEREIN DESCRIM TRACT; THENC I , ALONG SAID SOUTHWESTBRLY R.O.W. Lm OF FM HMHWAY 23M. SOUTH 35 DEGRHSS 30 MINMM 05 SECONDS EAST, A DISTANCES OF 383.61 FEET TO THE SOLTTEAST CORNAEt OF THE b�SCRMD TgAcl THENCE, DEPARTING SAID R.O.W, SOUTH 86 DEGREES 18 MINUTES 21 SECONDS WEST, A DISTANCE OF 43639 FEET TO A SO MASTERLY CORNER OF THE MMMM DESCRIBED TRACT; T88NCE, NORTH 03 DEGREES 41 MINVOS 15 SECOlSMS WEST, A DISTANCE OF 218.679 FEET TO AN RnE RIOR CORNER OF THE BERM DESCRIBED TRACT; Tfmm SOUTH 52 DEGREES 12 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,90.72 FEET TO AN ANGLE POINT; THENCE, SOUTH 86 DEGREES 46 MINUTES 47 SECONDS WEST, A DISTANCE OF 48135 FEET TO A POINT ON THE BAST R.O.W. LINE OF SAID GRAND PARKWAY AND BEING ME SOUTHWEST CORNER OF THE H MEN DESCRIBED TRACT, TBE NCE, ALONG SAID BAST R-O.W_ L NE OF GRAND PARKWAY, NORTH 02 DECREES 43 M NUIBS 56 SECONDS WEST, A DISTANCE C F 17538 FEET TO THE BBGIpiN]NG OF A CURVE TO MIi3 RIMIT; THENCE, ALONO UM CURVED R.O.W. TO THB RIGST, HAVING A RADIUS OF 2,05634 M T, A CIRVTRA.L ANGLE OF 19 DEGREES 38 MDMMS 01 SECONDS, AN ARC LENGTH OF 704.65 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 07 DEC1RfiES 01 MINIMS 18 SECONDS EAST, 701.21 FEET TO THE END OF SAID CURVE; TEENCE3 CONTTNUM ALONG SAID R.O.W. LINE OF GRAND PARKWAY, NORTH 16 DFC3xfiES 55 MII4' MS 39 SECONDS EAST, A DISTANCE OF 473.52 FEET TO THE PLACE OF BEGMUNO .AND CONTAINING 3952 ACRES AS SHOWN ON JOB 140. 49309-R1, PREPARED BY VINDROSE LAND SERVICES INCH. THIS DESCRIPTION IS BASED ON EXISTING DOCUM WM AM R.O.W. MAPS, PREPARED UNDER 22 TAC 66311. DOES NOT REFLIR,CT THE RESULTS OF AN ON TM MOMM SURVEY. AND IS WOT TO BR USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROM3EM EXCEPT THOSE RIG15TS IMPLIED OR ESTABLISHED BY T04 CREATION OR RECONRGXMA770H OF TIC BOUNDAKY OF TEB POLITICAL SUBDIVI MN FOR WAS PRREPARED. 07 ROBERTRNESP NMN� DATE. R. -L&NO. 6486 "'"RO RY KN ...................... STATE OF 71OW ...K _ _ _ a y Wlndrose Land Services, Inc �.-� 3200 Microst, Suite 325 !p/��� r Houston, Taxes 77042 Phone (713) 468-2282 Fax (713) 461-1151 �D Profess/oval Development Consultants . r Land Surveying, Platting, Piviect Management and G1S Services Firm Registration No. 10108800 CEL4MERS COUNTY IIVXPROVEN9M DISTRICT NO.2 TRACT VII - 20.89 ACRF,S A TRACT OR PARCEL CONTAINING 20.89 ACRES SITUATED IN TSB BENTAMIN WINFREB SURVEY, ABSTRACT NO. 20, CHAMBERS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY M STPS AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON TEXAS STATE PLANE COORDINATB SYSTEM, SOUTH CENTRAL ZONE, NAD 83:. BEGDOUNG AT A POINT ON THE EAST RIGHT OF WAY (R.O.W.) UINE OF GRAND PARKWAY (R.O.W. VARIES), MARKING THE 8OIT£SWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG TSB SAID EAST R.O.W. LINE OF GRAM PARKWAY, NORTH 16 DEGREES 55 MINUTES 09 SECONDS BAST, A DISTANCE OF 838.04 FEET TO THE INTERSECTION OF SAID EAST ROW. LINE OF GRAND PARKWAY WITH THE SOUTHEASTERLY R.O.W. LINE OF FM 565 (120' R.O.W.) FOR THE NORTINJEST CORNER OF TIM HEREIN DESCRIBED TRACT; THENCE, ALONG THE SAID SOUTITBASTBRLY R.O.W. LIMB OF F.M. 565, NORTH 50 DEGREES 20 MINUTES 00 SECONDS EAST, A DISTANCE OF 443.65 FM TO A POINT MARK INQ THE SOUTSEA.ST R.O.W. L.1NE OF SAID FM. 565, BEING T M NORTHWEST CUTBACK CORNER AT THE INTERSECTION OF THE SOUTHEAST R.O.W. LxNB OF F.M. 565 WITH TEE SOUTHWEST RO.W. LINE OF F.M. 2354 (CALLED 120' R.O.W.), BEING THE MOST NORTHERN CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 64 DEGREES 32 MINUTES 45 SECONDS EAST, A DISTANCE OF 100.61 FEET TO THE SOUTHWEST CUTBACK CORNn OP THE I1V mRSECTION OF TAB SAID SObTHWBST R.O.W. LINI3 OF P.M. 2354 WITH THE SAID SOUTHEAST R.O.W. LIMB OF F.M. 565, BEING THE NORTBFAST CORNER OF THE IiERBIN DESCRIBED TRACT; THENCE, ALONG SAID SOUTHWEST R.O.W. LING OF F.M. 2354, SOUTH 40 DEGREES 21 MTNVTES 39 SECONDS EAST, A DISTANCE OF 846.24 FEET TO THE BEG]NMNG OF A CURVE TO THE RIGHT; TEENCE, COM MG ALONG SAID SOUTHWEMERLY R.O.W. LEO OF P.M. 2354, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING AN ARC LENGTH OF 39999 FEET, HAVING A RADIUS OF 5669.58 FEET, THROUGH.A CENTRAL ANGLE OF 04 DEGREES 02 MINUTES 32 SECONDS, WITH A CHORD BEARING OF SOUTH 38 DEGREES 20 MNUTES 25 SECONDS EAST, A DISTANCE OF 39991' FMT TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; - THENCE, DEPARTING SAID R.O.W. LINE OF F.M. 2354, SOUTH 86 DEGREES 45 MINUTES 52 SECONDS WEST, A DISTANCE OF 1474.69 FEET TO THE PLACE OF BEGINNING AND CONTAINING 20.89 ACRES AS SOWN ON JOB NO.49309-R1, PREPARED BY WDMROSE LAND SERVICES INC. 03/21/14 DATE. EXHIBIT $ B" CONDITIONS TO CONSENT TO CREATION OF CHAMBERS COUNTY [MPROVEMENT DISTRICT NO.2 a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will cause a duplicate original of these conditions to be approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered the executed agreement to the City Attorney of the City by which such approval and ratification is evidenced. b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition, repair, contracting for, extension and improvement of or otherwise acquiring land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: • provide a water'supply for municipal uses, domestic uses and commercial purposes; • collect, transport, process, dispose of and control all domestic or communal wastes whether in fluid, solid or composite state-, • gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operation expenses during construction, interest during construction, and the cost of issuing bonds; + establish, finance, provide, operate and maintain a fire department and/or fire -fighting services; + design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads; finance, develop and maintain recreational facilities; + promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; • secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District: + to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law; .or • refund bonds issued for the foregoing purposes. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the 150' anniversary of the date of issuance without premium. The bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for Iess than 95% of par; provided, however, the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period nett preceding the date notice of the sale of such bonds is given. Bids far the bonds shall be received not more than 45 days after notice of • sale of the bonds is given. To the extent any bonds of the District are secured by a pledge of the revenues from the operation of the District's system, the resolution authorizing the issuance of such bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of such bonds will terminate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or mexation. e. Approval of Plans and Specifications. The District, its directors,. officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer, drainage, road, recreational and fire-fghdrig facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, slush valves, valves, pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the territory of the District shall comply with the City's standard plans and specifications. All road, recreational and fire -fighting facilities installed or used within the territory of the District shall conform to all applicable specifications of the City. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary sewer, drainage, road, recreational and fire -fighting facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities, the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on the ground inspections at any time. As further definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and* specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. E Employment of Operator. If applicable, the District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be 2- duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though level of rates may vary. j, Treated Water and Sewer Services. The District currently intends to enter into a contract with the City of Baytown for the purchase of treated water services, subject to mutual agreement as to terms and conditions therefor. The District currently intends to enter into a contract with the City of Baytown for the purchase of wastewater treatment and disposal services, subject to mutual agreement as to terms and conditions therefor. Any such agreements shall provide that the District agrees that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. k. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan to be approved by the City. 1. Annexation At Any Time. The enabling legislation for the creation of the District shall contain provisions that will allow the City (i) to annex all or part of the District, notwithstanding any provision of Chapter 43, Local Government Code, (ii) that such annexation shall not result in total or partial dissolution of the District or an assumption .annexation the City of any of the District's -obligations or indebtedness, and (iii) that annexation of all or part of the District has no effect on the validity of the District and the District shall continue to exist and exercise the powers granted to it by such enabling legislation. 209679.3 3 UA Z ; o .,-U !Mi 1; ! S