Ordinance No. 7,389950914 -3
ORDINANCE NO. 7389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PROPOSAL AND AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUT$ AND THE CITY CLERK TO
ATTEST TO A BAYLAND PARK PHASE I FACILITIES DEVELOPMENT
AGREEMENT WITH SENTERRA DEVELOPMENT, L.L.C.; 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 approves the proposal and authorizes and directs the
Mayor and City Clerk of the City of Baytown to execute and attest
to a Bayland d-Park Phase I Facilities Development Agreement with
Senterra Development, L.L.C.. A copy of said agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all intents
and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 14th day of September,
1995.
PETE C. ALF O, Mayor
ATTEST: '
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
CIO RAMIREZ, City Attorney
• legal/ councill septembed9- 14- 95authAGREEsenterra
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BAXLANDPARK
PHASE I
FACILITIES DEVELOPMENT AGREEMENT
This contract for the development of the Phase I improvements ( "Project ") on the City of
Baytown's Bayland Park ( "Agreement ") is entered into as of this the day of
September, 1995, by and between the City of Baytown, Texas ( "City ") and Senterra
Development, L.L.C. ( "Developer ").
I. DEFINITIONS
As used in this Agreement, the following words and phrases are defined to mean:
Bayland Park: means that property which is more particularly
described in Exhibit "A ".
City: means and refers to the City of Baytown, Texas and
all attendant boards, agencies, commissions, and
related bodies, along with their respective officers,
agents, and employees.
City Manager: means the City Manager of the City of Baytown or his
designated representative.
Construction Cost: means the entire cost to develop the Project not including
the cost of Outside Consultants, work performed directly by
the City, any cost associated with the City's financing of
the Project and any costs provided by the City prior to the
date hereof.
Developer: means Senterra Development, L.L.C. its officers, agents,
and employees.
Project: shall mean Phase I of die development which shall
be financed by funds secured by the City and will include a
restaurant, ship store, and boat owners facility for tenants of
the inarina.
Project Representative: shall mean designees of the Developer who are approved by
the City Manager to oversee the project and perform such
other duties as specified herein or ordered by the City to
carry out the intent of this Agreement.
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® Total Project Cost: means the total cost of the Project including the cost of
Outside Consultants but not including work performed
directly by the City, any cost associated with the City's
financing of the Project and any costs provided by the City
prior to the date hereof.
II. SCOPE OF WORK
A. Scope of Work
Developer wi11 coordinate the development of the Project for the City to the City's
satisfaction. Developer will coordinate the entire development process, in conformity with
State Law, which includes the following:
Conceptual Phase
Negotiate and document architectural /engineering and all professional contracts.
Establish lines of authority, communications, and team schedules.
Manage and coordinate design team activities.
Obtain and analyze preliminary construction pricing.
Identify cost reduction target areas.
Conduct preliminary structural systems evaluation.
Conduct preliminary mechanical, plumbing, and electrical systems evaluation.
Evaluate space usage, core plans, typical tenant layouts, and efficiency factors.
Identify and integrate parking requirements.
Design Develooment Phase
Coordinate meetings between the City, the restaurant operator and the outside
consultants.
Facilitate tunely communication between all parties.
Evaluate alternative design and structural sche►nes.
Evaluate cost benefits of alternate building materials,
mechanical /electrical /plumbing components, etc.
Develop complete project critical path method schedule including design and
construction requirements.
Conduct periodic pricing reviews to assure that design and budget targets remain
in balance.
Verify mechanical /electrical / plumbing load assumptions and establish related
operational objectives.
Evaluate construction methods and techniques.
Finalize major equipment selections.
Establish project accounting systems.
• Once complete, coordinate meeting with City officials for preliminary approval.
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Construction Document Please
Prepare and review documents for discrepancies, design, and operational errors,
potential costs savings, etc.
Formulate signage criteria and restrictions.
Provide instructions for bid package and specify general conditions.
Specify scheduling requirements.
Enforce City's band and insurance requirements.
Evaluate and specify testing and quality control requirements.
Release early material orders (steel, glass, elevators, etc.), if required.
Evaluate potential material suppliers and subcontractors.
Verify that value engineering requirements are incorporated Li revisions of the
construction documents.
Incorporate in the contract documents perfonnance specifications and warranty
perfonnance criteria.
Once complete, coordinate meeting with City officials for final approval.
PermittinL, Phase
Coordinate obtaining construction and building permits from aH appropriate
governmental authorities.
Facilitate meetings when appropriate to gain approvals and answer questions.
Contract Award Please
Prepare Bid Specifications.
Conduct pre -bid conference for bid work.
Receive and evaluate bids; recommend contract awards.
Conduct post -bid conferences.
Review and recommend acceptance of alternatives.
Verify schedule requirements with contractors.
Prepare contracts and verify incorporation of all legal requirements.
Obtain and review construction submittal requirements and where specifications
permit substitution; evaluate altematives.
Construction Phase
Provide full construction inspection services
Manage change order submittal and review process.
Maintain project records.
Conduct regular weekly job meetings of general contractor and major
subcontractors.
Prepare bi- monthly written construction progress status reports.
Manage testing and laboratory services.
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Review and process pay requests submitted by contractors and suppliers.
Monitor and control schedules.
Prepare monthly cost and progress reports,
Coordinate major contractors with specialty contractors (such as security,
graphics, and landscaping).
Verify building layout with surveys.
Maintain Project cost accounting and draw system.
Supervise a. rchitectural /engineerin;/construcbon service contracts.
Monitor Project security and safety requirements.
Coordinate tenant work and occupancy schedules.
Provide ongoing cost and quality control.
Supervise close -out to include as -built documents, operations training, and
procurement of permits.
B. Instructions during the Development
The Developer shall advise and consult with the City Manager throughout the
development process. All instructions to the Outside Consultant's or the contractor shall
be forwarded through the Developer. The Developer shall have authority to act on behalf
of the City only to the extent provided in the contract documents unless otherwise
modified by written instrument.
C. Site Examination
The Developer shall examine (and shall require the Outside Consultants to examine) the
site at intervals appropriate (Developer to examine at least three (3) days a week) to the
stage of construction, to remain specifically familiar with the progress and quality of the
work and to determine, in general, if the work is proceeding in accordance with the
contract documents. On the basis of such on -site exairinations, the Developer shall keep
the City Manager informed of the progress and quality of work and shall attempt to guard
the City against defects and deficiencies in the work of the contractor or overcharges by
the contractor or any subcontractor.
D. Developer's Responsibilities
The Developer shall not be responsible for nor have control or charge of the construction
means, methods, techniques, sequences or procedures, or safety precautions and programs
in connection with the Project. The Developer shall not have control over the acts or
omissions of the contractors, subcontractors, any of their agents or employees, or any
other persons performing any work.
E. Developer's Access to the Project Site
The Developer shall at all times have access to the Project site throughout the
development of the Project.
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• F. Determination of Amounts Due and Owing
Based on the Developer's observations at the site, the Developer shall determine the
amounts owing to the contractor and shall issue a project certificate for payment ul such
amounts, as provided in the contract documents.
G. Rejection of Work
The Developer shall have the authority to reject the work which does not conform to the
contract documents, and whenever, in the Developer's reasonable opinion, it is necessary
or advisable for the implementation of the intent of the contract documents, the Developer
shall have authority to require special inspection or testing of work in accordance with the
provisions of the contract documents, whether or not such work has been fabricated,
installed or completed.
H. Review of Drawings, Product Data, and Samples
The Developer shall receive contractor's submittals, such as shop drawings, product data
and samples, from the contractor and shall review and approve or take other appropriate
action upon them, but only for confonnance with the design concept of the Project with
the information given in the contract documents. Such action shall be taken with
reasonable promptness so as to cause no delay. The Developer's approval of a specific
item shall not indicate approval of an assembly of which the item is a component. The
Developer shall review and sign or take other appropriate action on Change Orders
prepared by the contractor for the City's authorization in accordance with the contract
documents. _
I. Minor Changes in Work
The Developer shall have the authority to order minor changes in work not involving an
adjustment in a contract sum or an extension of contract tune and which are not
inconsistent with the intent of the contract documents. Such changes shall be effected by
written order issued through the contractor.
I Warranties from Contractor
The Developer shall assist the contractor in receiving and forwarding to the City for the
City Manager's review, written warranties and related documents assembled by the
contractor.
K. City Approvals
• The City shall maintain absolute and final authority to approve all architectural and
engineering plans for the Project. The Developer shall coordinate and obtain approval of
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the City Manager of all phases of the development process which shall include the
following:
• outside consultant selection;
• architectural design development;
• construction documents;
• construction specifications;
• Project budget;
• contractor selection;
• alternate bid acceptance; and
• change orders.
L. Outside Consultants
The Developer will retain outside consultants to assist with the preparation of the
necessary drawings and specifications for the Project. These consultants shall possess
academic and professional experience in developments similar to the Project and are
licensed to perform such services in the State of Texas. Developer will retain Wilson
Architectural Group to provide architectural services for the Project. In the future,
Developer will identify other desired consultants and submit their respective qualifications
and the proposed contract for their services to the City for written approval prior to
engaging, hiring, consulting with or contracting with any finn, group of individuals or
persons to prepare drawings and /or specifications or to provide advice relative to the
Project.
M. Indemnity
The Developer shall indemnify, protect, defend and hold harmless the City, its employees,
officers, agents, servants, and representatives from any and all claims, losses, damages,
causes of action, suits and liability of every land, including but not limited to, all expenses
of litigation, court costs, and attorneys' fees, for injury to or death of any person or for
damage to any property arising out of the negligence of Developer in perfonning the
services provided by Developer (the "services provided by Developer" shall not include
the services performed by the Outside Consultants nor the construction services provided
by the contractors) pursuant to this Agreement. It is the expressed intention of the parties
hereto, both the Developer and the City, that the indemnity provided for in this paragraph
is an indemnity by the Developer to indemnify, protect, and defend the City from the
consequences of the City's own negligence where that negligence is a concurring cause,
with the negligence of Developer in perfonnin; its services hereunder, of the resulting
injury, death, or damage, and results from this Project. Furthermore, the indemnity
provided for in this paragraph shall have no application to any claim, loss, damage, cause
of action, suit, and liability where the injury, death or damage results from the sole
negligence of the City unmixed with the negligence of Developer in performing the
services by Developer hereunder.
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0 III. COMPENSATION
A. Developer Fee Structure
As compensation for the development services described hn Section II for the Project.
Developer will be reimbursed 'for the actual cost of managing the construction of the
Project and Developer will include time sheets and requests for reimbursement with each
and every construction draw depicting Developer's time and expenses during that
corresponding period. In no event, will Developer's reimbursement exceed 3.5% of the
Construction Cost for managing the construction process on the City's behalf. In
addition, Developer will receive 1% of the Total Project Cost, as a development fee, to
coordinate all facets of the Project.
B. Outside Consultant's Compensation
The Developer will retain, under this Agreement, architectural (Wilson Architectural
Group) and engineering firrns to assist the Developer with the Project. Each designated
firm's compensation package, once negotiated by the Developer, will be submitted to the
City for written approval. It is understood and agreed that the total cost for these services
will not exceed six and one half percent (6.5 %) of the Construction Cost.
C. Project Budget/ Retamoge
The aforementioned Developer's fee and Outside Consultant's fees will be included in the
Project Budget which will be submitted to the City for its written approval and then
forwarded on to the City's financing source for formulation of a construction draw
schedule. There shall be withheld from the Developer, retainage in the amount of five
percent (5 %) of the reimbursements and fees due Developer hereunder. All contracts for
construction services shall state that the City shall retain five percent (5 %) of each invoice
as retainage. The retainage shall be released upon the satisfactory completion of the
specific construction activities or services.
IV. UTILITIES
The City will provide underground water, sewer and electrical utilities of sufficient size to
accommodate all of the Project in accordance with the City Code as determined by the
City's Chief Building Inspector. Such utility connections and infrastructure provided by
the City shall extend to the Project facilities.
V. GOVERNING LAW AND VENUE
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its
execution or performance. The place of making and the place of performance for all
purposes shall be Baytown, Harris County, Texas.
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0 VI. NO RIGHT OF ARBITRATION
Notwithstanding anything to the contrary or apparent contrary contained in this
Agreement, the City and Developer hereby agree that no claims or disputes between the
City and Developer arising out of or relating to this Agreement to any of the work shall be
decided by any arbitration proceeding including, without limitation, any proceeding under
the Federal Arbitration Act (9 U.S.C. Section 1 -14), or any applicable state arbitration
statute, including, but not Limited to, the Texas General Arbitration Act, Texas Revised
Civil Statutes Title 10, articles 224 through 249 -43, provided that in the event that the
City is subject to an arbitration proceeding notwithstanding this provision, Developer
consents to be joined in the arbitration proceeding if Developer's presence is required or
requested by the City for complete relief to be recorded in the arbitration proceeding.
VII. ASSIGNMENT
The Developer's rights under this Agreement are not assignable. Any attempted
assignment shall be void and shall render this Agreement voidable at the election of the
City.
VIII. NO THIRD PARTY BENEFICIARIES
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Developer and the City only.
IX. ENTIRE AGREEMENT
It is understood that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
terminated orally. No verbal agreement or conversation with any officer, agent, or
employee of the City, either before or after the execution of this Agreement, shall affect or
modify any of the terms or obligations hereunder.
x. RELEASE
The City by this Agreement does not give consent to litigation and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement, charter , or applicable state law. The Developer assumes full responsibility for
the work to be performed by it hereunder (but not the services of the Outside Consultants
or the services provided by the contractors) and releases, relinquishes, and discharges the
City, its officers, agents, representatives, and employees from all claims, demands, and
causes of action of every kind and character, including the cost of defense thereof, for arty
• injury to, Including, but not Iimited to, the death of, any employees of either of the parties
hereto) and any loss of or damage to property (whcther the same be that eithe3 of the
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parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in
connection with the Developer's work to be performed hereunder whether or not said
claims, demands and causes of action in whole or in part are covered by insurance.
XI. WAIVER
Failure of any party, at any time, to enforce a provision of this Agreement shall iii no way
constitute a waiver of that provision, nor in any way affect the validity of this Agreement
or any part hereof or the right of the City thereafter to enforce each and every provision
hereof. No term of this Agreement shall be'deemed waived or breach excused unless the
waiver shall be in writing and signed by the party claimed to have waived. Furthermore,
any consent to or waiver of a breach will not constitute consent to or waiver of or excuse
of any other different or subsequent breach.
XII. SEVERABILI ry
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other tern of this Agreement,
which shall continue in full force and effect.
XIII. SAFETY AND HEALTH STANDARDS
The Developer shall examine the contractor for compliance with the Texas Occupational
Safety Act and with all safety and health standards promulgated by the Secretary of Labor
under Section 107 of the Contract Work Hours and Standards Act, published in 29 C.F.R.
part 1926 and adopted by the Secretary of Labor as occupational safety and health
standards under the Williams- Steiger Occupational Safety and health Act of 1970, and to
any other legislation enacted for the safety and health of the contractor's employees. Such
safety and health standards shall apply to all subcontractors and their employees as well as
to the contractor and his employees.
XIV. CONFLICTS OF INTEREST
The Developer shall exercise reasonable care and diligence to prevent any actions or
conditions which could result in a conflict with the City's best interest. This obligation
shall apply to the activities of the employees and agents of the Developer in their relation
with their employees and their families of the City and of their parties arising from this
Agreement and accomplishing services hereunder. Both parties efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making
receiving, providing, or offering substantial gifts, extravagant entertainment, payments,
loans, or other considerations for the purpose of influencing individuals to act contrary to
the City's best interest.
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• XV. AUDIT RIGHTS BY C[TY
•
The City's duly authorized representatives shall have access at all reasonable times to all
contractor's and subcontractor's personnel, job descriptions, employment, and
qualification records, books, records correspondence, instructions, plans, drawings,
receipts, vouchers, data stored in computers, and memoranda of every description
pertaining to the work under this Agreement for the purpose of auditing and verifying
costs of work or for any other reasonable purpose. City's representatives shall have the
right to reproduce the aforesaid documents The Developer shall preserve and shall cause
its contractors and subcontractors to preserve all aforesaid documents for a period of four
years after completion and acceptance or termination of work.
XVI. WARRANTY
Developer hereby warrants to the City that Developer shall use its best skill and judgment
in performing the Developer's services hereunder. Notwithstanding anything to the
contrary or apparent contrary contained elsewhere in this Agreement, all warranties of the
Developer contained in the Agreement shall be in addition to, and not in lieu of, the City's
claims and rights at law which shall continue for the applicable statute of limitations period
with respect to any default, or defective, non - complying, or incomplete work.
XVII. FUGITIVE EMISSIONS
Fugitive emissions, such as road dust and dust generated by construction activities, must
be controlled by wetting procedures and kept to a minimum.
XVIII. HISTORICAL AND ENVIRONMENTAL COMPLIANCE
Developer agrees to comply with and require all contractors and subcontractors to comply
with all applicable laws, relations, orders, and guidance administered by any governmental
agency with jurisdiction. The matters covered by this paragraph include, without
limitation, discharges of waste to air, water or land, solid waste disposal, and management
of "hazardous substances ". Developer shall comply with all laws of the state of Texas
concerning the preservation of historical sites.
XVIIII. COMPLIANCE WITH OWNER DIRECTIONS
Developer agrees that when the Developer or its employees, agents, or subcontracts are
on City's site, buildings, or grounds at that site, the Developer, his employees, agents, or
subcontractors shall comply with City's directions, rules and regulations for Developer's
or City's employees on the site. The Developer agrees to be responsible for any wastes
from City's site and shall provide for disposal which is proper and in compliance with
applicable federal, state, and local laws and regulations.
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® XX. UtiITENT OF THE PARTIES
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It is the intent of the parties to this Agreement that there is no relationship of partnership
nor joint venture created by this Agreement, that there is no fiduciary relationship created
and that any relationship between the parties is entirely contractual in nature, and
manifested by this Agreement.
XXI. TERtti'IIiVA,C10N
Both the Developer and the City hereby agree that this contract may only be terminated by
the Developer for cause, which shall be defined as a breach of any of the provisions of this
Agreement which is specifically referenced herein or any violation of law or order by the
City. Such termination will become effective upon giving thirty (30) days written notice
to the City unless such default is cured by the City. The City may terminate this
Agreement at any time with cause, which shall be defined as a breach of any of the
previsions of this agreement which is specifically referenced herein, such termination to be
effective thirty (30) days following such written notice unless cured by Developer. The
City may terminate this Agreement at any time without cause upon a finding by the City
Manger that the public health, safety, and welfare demand such result. Notwithstanding
any termination by the City without cause, the City shall pay to Developer the portion of
Developer's fees earned through the date of termination and reimburse Developer for
costs accrued through the date of termination (but in no event shall the amount of such
costs exceed, when added to all prior cost reimbursements paid hereunder, three and one
half percent (3.5 %) of the construction cost).
XXII. NOTICES
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified, or registered mail at the respective
addresses of the parties set forth herein or at such other address as may be designated un
writing by either party. Notice given by mail shall be deemed given three (3) days after
the date of mailing thereof to the following addresses:
DEVELOPER
Senterra Development, L.L.C.
Attn: Richard R. Nelson, IN
12 Greenway Plaza, Suite 1400
Houston, Texas 77046
Fax: 965 -2990
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CITY
City of Baytown
Attn: City Nlana -er
PO Box 424
Baytown, Texas 77522
Fax: 420 -6508
XXIII. HEADINGS
The article headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit, or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
XXIV. AUTHORITY TO ENTER CONTRACT
Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized
and empowered to enter into this Agreement. The persons executing this Agreement
hereby represent that they have authorization to sign on behalf of their respective
corporations.
XV. AGREEMENT READ
The parties acknowledge that they have read, understand, and intend to be bound by the
terms and conditions of this agreement.
XVI. MULTIPLE ORIGINALS
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts each of which shall be deemed an original for all purposes.
XVZI. PROJECT SCHEDULE
Attached hereto as Exhibit "B" is a schedule ( "Schedule ") for development of the Project
which Schedule represents Developer's best judgment as to the prospective schedule of
the work. Developer shall use its diligent efforts to cause the development of the Project
to occur in accordance with the Schedule.
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® IN WITtvESS WHEREOF, the undersigned have executed this Agreement as of the clay
and year fist above written.
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SENTERRA DEVELOPMENT, L.L.C.
By:
Neil H. Tofsk , Presiden
CITY OF BAYTOWN, TEXAS
Pete C. Alfaro, Mayor
ATTEST
By:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM
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Ignacio Ramirez, Sr., City Attorney
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STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared , in his capacity
as of Senterra Development L.L.C., on behalf of such
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
SUBSCRIBED AND SWORN before me this day o l �. �1�,C`,�1995.
4 �'r•'''' +. KELLY C. RITCHESON tt�
t �l. NOTARY PU9t_IC, STATE OF TEXAS `1
APRIL 12. 19-03
f r,s i�4
BlndAgmt (September 12. 1995)
leak 14
No ary Public in and for the State
of Texas
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 0.9010 of an acre tract of land situated in the
William Scott Upper League, Abstract No. 66, Harris County, Texas,
and being out of and a part of a 45.3774 acre tract of land called
Tract 2 in a deed from B.F.B., Inc., to City of Baytown, dated
November 20. 1979, and recorded at County Clerk's File Number G
388038 of the Official Public Records of Real Property of Harris
County, Texas. This 0.9010 of an acre tract of land is more
particularly described by metes and bounds as follows, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS
DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE
OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND
BOUNDS DESCRIPTION.
COMMENCING at a 2 inch galvanized iron pipe found for the West
corner of a 12.34 acre tract of land conveyed to the City of
Baytown by William Marsh Rice University by deed dated March 31,
1995, and recorded at County Clerk's File Number R 354555 of the
Official Public Records of Real Property of Harris County, Texas
and the North corner of a 10.00 acre tract of land called Tract 1
in a deed from Frank N. Angel to Le Roy E. Pearce, dated August 1,
1989, and recorded at County Clerk's File Number M 310862 of the
Official Public Records of Real Property of Harris County, Texas.
This corner is in the South right of way of State Highway No. 146,
right width varies, and has a State Plane Coordinate Value of Y =
705,022.15 and X = 3,269,733.81.
THENCE South 47 deg 49 min 20 sec East with the Southwest line of
said 12.34 acre tract of land and the Northeast line of said 10
acre tract of land, at 489.45 feet found a 2 inch galvanized iron
pipe in line for the East corner of said 10.00 acre tract and the
North corner of said 45.3774 acre tract of land, continuing on with
the Northeast line of said 45.3774 acre tract and the Southwest
line of said 12.34 acre tract of land a total distance of 1463.43
feet to a point.
THENCE South 42 deg 10 min 40 sec West a distance of 180.96 feet to
a 1/2 inch iron rod set for the Northwest corner of this tract of
land. This corner has a State Plane Coordinate Value of
Y = 703,872.71 and X = 3,270,666.92.
THENCE South 66 deg 00 min 00 sec East with the North line of this
tract of land a distance of 142.02 feet to a 1/2 inch iron rod set
for the Northeast corner of this tract of land.
THENCE South 03 deg 08 min 09 sec West with the East line of this
tract of land a distance of 183.74 feet to a 1/2 inch iron rod set
for the most Northern Southeast corner of this tract of land.
PXHiB(T A
® PAGE NO. 2 - 0.901G ACRE TRACT
THENCE South 48 deg 54 min 50 sec West with the Southeast line of
this tract of land a distance of 75.01 feet to a 1/2 inch iron rod
set for the most Southern Southeast corner of this tract of land.
THENCE North 86 deg 05 min 00 sec West with the South line of this
tract of land a distance of 121.09 feet to a 1/2 inch iron rod set
for the Southwest corner of this tract of land.
THENCE North 11 deg 32 min 34 sec East with the West line of this
tract of land a distance of 288.09 feet to the PLACE OF BEGINNING,
containing within said boundaries 0.9010 of an acre of land.
SURVEYED: August 31, 1995
SURVEYOR'S CERTIFICATE
I, Robert L. Hall,Jr. Reg. Professional Land "Surveyor No. 1610 do
hereby certify that the foregoing field notes were prepared from a
survey made on the ground on the date shown and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 5th., day of
Septzw 95.
REG . PROFESSIONAL LAND SURVEYOR
NO. 1610
4530LEAS.FDN
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ROB�T•L K4U- JR.
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