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CC Resolution No. 2646RESOLUTION NO. 2646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3, ONE PURPOSE OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL. USE OR TO FURNISH SANITARY SEWER SERVICES, ROADWAYS, DETENTION, OR DRAINAGE, WITHIN ITS BOUNDARIES, AND CONSISTING OF 187.114 ACRES OF LAND SITUATED IN THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT 321, CHAMBERS COUNTY, TEXAS; GRANTING CONSENT TO THE INCLUSION OF 36.17 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPA[, UTILITY DISTRICT NO. 3; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************ WHEREAS, a political subdivision, one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services, roadways, detention, or drainage, may not be created or thereafter expanded in the extraterritorial jurisdiction of a municipality unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and Chapter 54 of the Texas Water Code; and WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for its written consent to the creation of Chambers County Municipal Utility District No. 3, hereinafter referred to as the "District," containing 187.114 acres of land, more or less, within the extraterritorial jurisdiction of the City and located in Chambers County, Texas, and more particularly described in Section 1 hereof (the "Property"); and WHEREAS, the City also has received a request, which is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes, for its written consent to the annexation by the District of 36.17 acres of land, more or less, within the extraterritorial jurisdiction of the City and more specifically described in Section 2 hereof (the "Additional Property"); and WHEREAS, the landowners and developers who have requested the City Council's consent to the creation and annexation described herein have assured the City that they are willing to accept such consent based upon the terns and conditions as hereinafter stated, and that they, in consideration of the City granting its consent for the creation of the District and the annexation of Additional Property into the District have agreed, and by the acceptance of the benefits of this resolution, do hereby agree to comply with the terns and conditions contained herein; and �N'1IEREAS, based upon such representations, the City Council of the City is in support of the proposed creation of the District as described in Section 1 hereof and the annexation by the District of the additional 36.17 acres described in Section 2 hereof and herein gives its written consent to the creation of the District and the annexation of the property into the territory of the District subject to the terns and conditions stated 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 Section 3 hereof, the City of Baytown, Texas, hereby consents to the creation of Chambers County Municipal Utility District No. 3, as described in Exhibit "A," within the extraterritorial jurisdiction of the City and located in Chambers County, Texas, pursuant to the provisions of Section 42.042 of the Texas Local Government Code, Section 54.016 of the Texas Water Code, and Section 8042.0104, Texas Special District Local Laws Code. The land embraced within the limits of Chambers County Municipal Utility District No. 3 is more particularly described in Exhibit "A" of the petition. Section 2: That subject to the terms and conditions specified in Sections 3 hereof, the City hereby grants its consent to the inclusion in the District of 36.17 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 `B" which is attached hereto and made a part hereof for all intents and purposes. Section 3: That the City's consent to the creation of the District as described in Section 1 and the annexation of Additional Property described in Section 2 hereof is expressly contingent upon the following conditions: 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 these conditions approved, ratified, and executed by the governing body and officers of the District and will deliver or cause to be delivered such executed conditions to the City Attorney of the City. b. Bonds to be Issued for Specific Purposes 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 commercial wastes whether in fluid, solid or composite state; ➢ construct, acquire, improve, operate, or maintain roads or improvements thereto, including storm drainage, in aid of those roads; ➢ gather, conduct, divert and control local storm water or other local harmful excesses of water in the District; ➢ pay organization expenses, operation expenses during construction, interest during construction, and the cost of issuing bonds; 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 8'1' anniversary of the date of issuance without premium. None of the bonds shall be sold for less than 97% 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, other than refunding 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 net 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. 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. 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 and drainage 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. 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 and drainage 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. Employment of Operator. 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 applicable 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 level of rates may vary. Treated Water and Sewer Services. The District intends to and shall enter into a contract with the City for the purchase of treated water services. Pursuant to this Agreement, the District will agree 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. Additionally, the District shall not construct sewage treatment plant facilities without the prior approval of the City Council of the City. Nothing contained herein shall be construed as to require the City to provide sanitary sewer services to the District. k. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan attached hereto as Exhibit "B.". 1. Annexation at Any Time. At any time, the City may annex that portion of the District within its extraterritorial jurisdiction. The District desires to and shall enter into a Strategic Partnership Agreement with the City, which agreement shall address the imposition of sales and use tax in the retail commercial areas of the District and the imposition of certain chapters, articles and/or sections of the Code of Ordinances, Baytown Texas, along with all amendments thereto, in the District. Section 4: 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 9"' day of April, 2020. � RANDON CAPETILL Mayor ATT T: LETICIA BRYSCH, City Cler APPROVED AS TO FORM: ACIO RAMIREZ, �Cittomey O° ° 'u e .Ao N i cobfsOl legal '.Karen•.Files-..City Council'•.Resolutions\2020\1pril Mity of Baytown Consent Resolution to Creation (CCMUD3).docx 4 Exhibit "A" PETITION FOR CONSENT TO CREATION OF A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN: The undersigned, hereinafter called "Petitioner" (whether one or more), being the holder of title to all and, therefore, a majority in value of the lands hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Chambers County, Texas, acting pursuant to the provisions of Section 8042.0104 of the Special District Local Laws Code, Texas Water Code, as amended, respectfully petitions for consent to the creation of a municipal utility district, hereinafter called "District". In support of this petition for consent to creation of the District, Petitioner shows as follows: The name of the District will be CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3. The area of the land to be included in the District contains 187.1135 acres, more or less, and lies wholly within Chambers County, Texas. All of said area is within the extraterritorial jurisdiction of the City of Baytown and is not within the corporate limits or extraterritorial jurisdiction of any other city. Petitioner hereby certifies that the lienholders executing this petition below are the only holders of liens against the land to be included in the District. The land sought to be included within the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. 1V. The District has been created by an act of the 86th Texas Legislature pursuant to the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, codified as Chapter 8042, Special District Local Laws Code (the "Act'), and shall be organized under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, Article III, Section 52 of the Constitution of Texas, the Act, and Chapter 49 and Chapter 54 of the Texas Water Code, as amended. The purposes of and the general nature of the work proposed to be done by the District 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, as and if required; (5) exercise road powers and authority ("Road Powers") pursuant to applicable law; and (6) 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, and is in close proximity to populous and developed sections of Chambers County. The District's area will, within the immediate future, experience a substantial and sustained residential and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: (1) The District's area is not supplied with adequate water and sanitary sewer facilities and services, or with adequate drainage facilities. The health and welfare of the future inhabitants of the area and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, and drainage facilities for and within the area of the District. (2) The future inhabitants of the area 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 residential and commercial development within the area and territories adjacent thereto. Road Powers are of necessity to the District and to the land within the District as such powers will allow the District to design, acquire, construct, improve, maintain, operate, 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. (3) The future inhabitants of the area 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. -2- A public necessity exists for the organization of such District 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. VI. It is now estimated by Petitioner from such information as is available at this time, that the ultimate cost of the development contemplated will be approximately $88,719,000 for water, sewer and drainage facilities and $42,849,000 for road facilities. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Baytown give its written consent to the creation of said District. [Remainder of page intentionally left blank.] -3- Dated this Q & day of re6 tI'hsar , 2020. AMERICUS HOLDINGS, LTD., a Texas limited partnership By: Town and Country Ventures 11, Inc., a Texas corporation, its General Partner By: Andrew A. Schatte, President "PETITIONER" THE STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me on this the 26 day of 2.6r'vcLr , 2020, by Andrew A. Schatte, President of Town and Country Ventures 11, Inc., a Tes corporation, General Partner of Americus Holdings, Ltd., a Texas limited partnership, on behalf of said entities. (SEAL) �``�Y"o''� JAMS HOSAK ary Public in and for _ f ^Notary Public, State of Texas Ve'S'tate of TEXAS Comm. Expires 05-01-2023 �''�;°;+�►��� Notary ID 7626108 The undersigned, being a lienholder on all or a portion of the property described in the foregoing Petition consents to the creation of CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3 over the land which is more particularly described in said Petition, and to the filing of said Petition with the City of Houston, Texas. PARK BLOCKS, LTD.. a Texas limited partnership (also sometimes referred to as Park Block, Ltd.) By: Park Blocks Management, LLC, a Texas limited liability company, its General Party& A �P�( QMd AV�ot•� Attest C i IF ♦ 1. _ s .�!)I "LIENHOLDER" THE STATE OF TEXAS § COUNTY OF HARRIS § This ins ent was acknowledged before me on this�� day of5A/ , 2020, by , the r of Park Blocks Management, LLC, a Texas limit liability company, the General Partner o Park Blocks, Ltd., on behalf of said limited liability company and limited partnership. l,_ d S� dro0.4 6& �e WUNDAL.HUNSINQERD #125021430 Notary Public in and for ommission Expires (SEAugust 13, 202o the State of T E X A S 505803_2 -2- The undersigned, being a lienholder on all or a portion of the property described in the foregoing Petition consents to the creation of CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 over the land which is more particularly described in said Petition, and to the filing of said Petition with the City of Houston, Texas. ALLEGIANCE BANK A Texas banking corporation By: Name: +a i!� Lc�• DD lils Title: —05MOV, I)GCf- Tf1S • v►`�' Attest By:__ Name: ,,PoAv Title: _<7 L14- , "LIENHOLDER" THE STATE OF TEXAS COUNTY OF HQ #-;S This instrument was ack viedged efore me on this the A day of 2020, by�•11 �.c� V; S , the�gn�at' Q, ce, Q ' f Allegiance Ban a Texas banking corporation, on behalf of said entity. a+q,,� JANIS HOSAK `� ;' '••' '0' Notary Public, State of Texas � Comm. Expires 05-01-2023 `+ 4%z" Notary ID 7625108 505803_2 -3- r il-i N y Public in and for the State of A- j�Q S Exhibit "A" STATE OF TEXAS) COUNTY OF CHAMBERS) DESCRIPTION of a 187.1135 acre tract of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County, Texas and being all of that certain 5.7270 acres described in Deed for undivided interest from Gregory Angel, Trustee, to Montgomery Jett Angel Trust dated October 30, 2018 and recorded under County Clerk's File #2018-137473 of the Official Public Records of Chambers County, Texas; all of the residue of that certain called 154.072 acres (Tract 3) conveyed by Chambers Grand Parkway Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed dated November 16, 2009 and recorded in Volume 1161 at Page 209 of the Official Public Records of Chambers County, Texas; all of that certain called 41.7490 acres conveyed by Park Block, Ltd. to The Noor Foundation by Correction Deed dated April 30, 2018 and recorded under County Clerk's File #2018-131695 of the Official Public Records of Chambers County, Texas; and all of that certain 27.497 acres conveyed by Mrs. Annie Pauline Miller to Hang W. Freeman, Trustee, by Deed dated February 1, 1956 and recorded under Volume 173 at Page 303 of the Deed Records of Chambers County, Texas (now carried in the name of Family Interests, Ltd. on tax roll). This 187.1135 acres is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR=1.0000000. REFERENCE IS MADE TO THE MAP OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a point in the South right-of-way line of Interstate Highway No. 10 (300 feet wide right-of-way) for the Northwest corner of that certain 40.323 acres described in Lis Pendens dated June 6, 2005, styled State of Texas vs. Family Interests, Ltd., recorded in Volume 781 at Page 367 of the Official Public Records of Chambers County, Texas and the Northeast corner of said 5.7270 acres. Said point being at the intersection of the South right-of-way line of said Interstate Highway No. 10 with the West right-of-way line of State Highway 99 (a/k/a East Grand Parkway South) and being the Northernmost Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95. THENCE: South 02°31'30" East along the Northernmost East line of this tract, the East line of said 5.7270 acres, the Northernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99 for a distance of 50.17 feet to a point for an interior corner of this tract, an exterior corner of said 40.323 acres, an exterior corner of said State Highway 99 and the Northernmost corner of said 154.072 acres. Said point being the BEGINNING POINT of a curve to the right, concave Southerly. PAGE 2—187.1135 ACRES. THENCE: Along and around said curve to the right, in an Southeasterly direction, along the Southernmost East line of this tract, the East line of said 154.072 acres, a West line of said 40.323 acres and the West right-of-way line of said State Highway 99, said curve having a radius of 1110.92 feet, a central angle of 28°44'53" and a chord bearing and distance of South 61 °49'04" East 551.57 feet, for an arc length of 557.40 feet to a point for the TERMINATION POINT of said curve. THENCE: South 27°18'35" East along the Southernmost East line of this tract, the East line of said 154.072 acres, the Southernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99, for a distance of 2133.74 feet to a point for the BEGINNING POINT of a curve to the right, concave Westerly. THENCE: Along and around said curve to the right, in a Southerly direction, along the Southernmost East line of this tract, the East line of said 154.072 acres, the East line of said 41.7490 acres, the Southernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99, said curve having a radius of 2664.77 feet, a central angle of 57*06' 14", a chord bearing and distance of South 01°14'09" West 2547.28 feet, for an arc length of 2655.85 feet to a point in the South line of said Chambers County School Land Survey and the North line of the Jacob Townsend Survey, Abstract 25, Chambers County, Texas. Said point being in the North line of that certain called 92.3102 acres conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the Official Public Records of Chambers County, Texas and being the Southeast corner of this tract, the Southeast corner of said 41.7490 acres and the Southwest corner of said 40.323 acres. THENCE: South 87°32' 17" West along the Easternmost South line of this tract, the South line of said Chambers County School Land Survey, the South line of said 41.7490 acres, the South line of said 154.072 acres, the North line of said 92.3102 acres and the North line of said Townsend Survey for a distance of 945.19 feet to a point for the Southernmost Southwest corner of this tract, the Southwest corner of said 41.7490 acres, the Southernmost Southwest corner of said 154.072 acres and the Southeast corner of that certain called 32.10 acres conveyed by Gordon W. Speer to Speer Properties, Inc. by Deed dated February 28, 2002 and recorded in Volume 549 at Page 766 of the Official Public Records of Chambers County, Texas. THENCE: North 02°27'43" West along the Southernmost West line of this tract, the Southernmost West line of said 154.072 acres, the West line of said 41.7490 acres and the East line of said 32.10 acres for a distance of 1478.65 feet to a point for an interior corner of this tract, the Northwest corner of said 41.7490 acres and the Northeast corner of said 32.10 acres. PAGE 3—187.1135 ACRES. THENCE: South 87*32' 17" West along the Westernmost South line of this tract, the Westernmost South line of said 154.072 acres, the North line of said 32.10 acres and the North line of that certain called 1.9821 acres conveyed by Gordon W. Speer to Speer Properties, Inc. by Deed dated February 28, 2002 and recorded in Volume 549 at Page 769 of the Official Public Records of Chambers County, Texas, for a distance of 1478.70 feet to a point for the Westernmost Southwest corner of this tract, the Westernmost Southwest corner of said 154.072 acres and the Northwest corner of said 1.9821 acres. THENCE: North 02027'43" West along the Westernmost West line of this tract, the Westernmost West line of said 154.072 acres, and the East line of that certain 4.391 acres conveyed by Leola Trichel, et al, to Speer Properties, Inc. by Deed dated September 13, 1989 and recorded in Volume 89 at Page 126 of the Official Public Records of Chambers County, Texas, for a distance of 1040.40 feet to a point for the Southwest corner of said called 27.497 acres. THENCE: Continue North 02027'43" West along the Westernmost West line of this tract, the Westernmost West line of said 154.072 acres, the West line of said 27.497 acres, the East line of said 4.391 acres and the East line of that certain called 1.49 acres conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line Company by Deed dated December 24, 1954 and recorded in Volume 163 at Page 459 of the Deed Records of Chambers County, Texas, for a distance of 1086.56 feet to a point for the Westernmost Northwest corner of this tract, the Northwest corner of said 27.497 acres and the Southwest corner of that certain called 20.98 acres conveyed by Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate Records of Chambers County, Texas. THENCE: North 87°37' 17" East along the Westernmost North line of this tract, the North line of said 27.497 acres and the South line of said 20.98 acres for a distance of 1094.44 feet to a point for the Northeast corner of said 27.497 acres and an exterior comer of said 154.072 acres. THENCE: Continue North 87°37' 17" East along the Westernmost North line of this tract, the Westernmost North line of said 154.072 acres and the South line of said 20.98 acres for a distance of 123.63 feet to a point for an interior corner of this tract, an interior corner of said 154.072 acres and the Southeast corner of said 20.98 acres. THENCE: North 0291'30" West along an interior West line of this tract, the Northernmost West line of said 154.072 acres and the East line of said 20.98 acres for a distance of 764.88 feet to a point for an interior corner of this tract, the Northeast corner of said 20.98 acres and the Southeast corner of the heretofore mentioned 5.7270 acres. PAGE 4—187.1135 ACRES. THENCE: South 87*31'35" West along an interior line of this tract, the South line of said 5.7270 acres and the North line of said 20.98 acres for a distance of 607.18 feet to a point for an exterior corner of this tract, the Southwest corner of said 5.7270 acres and the Southeast corner of that certain 4.964 acres conveyed by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated August 18 and 19, 2016 and recorded in Volume 1677 at Page 404 of the Official Public Records of Chambers County, Texas. THENCE: North 02*17'47" West along the Northernmost West line of this tract, the West line of said 5.7270 acres and the East line of said 4.964 acres for a distance of 383.93 feet to a point in the South right-of-way line of said Interstate Highway No. 10 for the Northernmost Northwest corner of this tract, the Northwest corner of said 5.7270 acres and the Northeast corner of said 4.964 acres. THENCE: North 82°20' 19" East along the Northernmost North line of this tract, the North line of said 5.7270 acres and the South right-of-way line of said Interstate Highway No. 10 for a distance of 608.09 feet to the PLACE OF BEGINNING and containing within these boundaries 187.1135 acres or 8,150,665 square feet of land. SURVEYOR'S CERTIFICATE 1, Glen H. Freeland, Registered Professional Land Surveyor No. 5758, do hereby certify that the foregoing description was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. WITNESS my hand and seal at Baytown, Texas, this the 26 day of December, A. D., 2018. Glen H. Freeland A R. P. L. S. No. 5758. P'�osrEq .I,� 18-6135.fdn.docx o ;N. Hutchison & Associates, Inc. GLEN GLEN ""FREEH FREEL AND 1209 Decker Drive, Suite 100 '"� """"""""""'� " ' .0 5758 Baytown, TX 77520 .,: 9oa o�0 �,��o ss Engineering Firm #F-267 S v��oQ UR Surveying Firm #100293-00 Exhibit "B" PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3 THE STATE OF TEXAS COUNTY OF CHAMBERS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: David Speer and Kevin Speer, being the holders 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 (collectively, the "Landowner"), and Chambers County Municipal Utility District No. 3 ("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 municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, has been created by an act of the 86th Texas Legislature pursuant to the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, codified as Chapter 8042, Special District Local Laws Code (the "Act"), and shall be organized under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, Article III, Section 52 of the Constitution of Texas, and Chapter 49 and Chapter 54 of the Texas Water Code, as amended. 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. II. The land sought to be added to the District contains approximately 36.1733 acres of land, more or less, and lies 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. "T 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 harmful excesses of water in the area; (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, as and if required; (5) exercise road powers and authority ("Road Powers") pursuant to applicable law; and (6) to provide such other facilities, systems, plants and enterprises as shall be consistent 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 residential and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: (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 may require fire -fighting facilities in order to -2- 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. (3) 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 residential 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 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, and, subject to the laws of the State of Texas and the rules of the Texas Commission on Environmental Quality, fire -fighting facilities and road facilities. VI. It is now estimated by Petitioner from such information as is available at this time, that the ultimate cost of the development contemplated within the area proposed to be annexed will be approximately $17,151,000 for water, sewer and drainage facilities and $8,283,000 for road facilities. 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.] -3- 90VITNESS WHERFFORE, day of 020. THE STATE OF TEXAS Petitioner has executed this Petition on this the i �_ PETITIONER By: Dav d Speer By: Ke /in Speer s COUNTY OF § This instrument was acknowledged before me on this f P day of TP9rva�' 2020, by David Speer. N ry Public injpd for the State of Texas (SEAL) THE STATE OF TEXAS COUNTY OF ot"V", flz JOHN ADDISON BALLIS, JR. ° Notary Public, State of Texas Comm. Expires 03.16.2022 Notary ID 131492641 This instrument was acknowledged before me on this � day of rel a r 2020, by Kevin Speer. r No ry Public in an for the Vate of Texas 545930 JOHN ADDISON BALLIS, JR. Notary Public, State of Texas Comm. Expires 03-16-2022 �'!i;°;t d� Notary ID f31492641 CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 By: Adam Kupst s President, Board of Directors By: &I Felicia Poe Secretary, Board of Directors (SFAI I'HE S1 A 1 E 01� TEXAS COUNTY Ol' HARRIS I his instrument was acknowledged before me on this qlw- day of Pt v , 2020, by Adam Kupstas, President of CHAMBERS COUN l Y MUNICIPAL U LITY DISTRICT NO. 3. on behalf of said district. (Dj1vt16-U Notary Public in and for the State of Texas Chambers County Municipal Utility District No. 3 36.1733 Acres STATE OF TEXAS § COUNTY OF CHAMBERS § Exhibit "A" Chambers County School Land League Abstract No. 321 A METES & BOUNDS description of a certain 36.1733 acre tract of land situated in the Chambers County School Land League, Abstract No. 321 in Chambers County, Texas, being all of a called 1.9821 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 769 of the Official Public Records of Chambers County (OPRCC), all of a called 0.9903 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 639, Page 488 OPRCC, all of a called 0.5951 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 776, Page 388 OPRCC, and all of called 32.10 acre tract of land conveyed by General Warranty Deed to Speer Properties recorded in Volume 549, Page 766 OPRCC; said 36.1733 acre tract being more particularly described as follows with all bearings based on the Texas Coordinate System of 1983, South Central Zone; BEGINNING at a point -for -corner being the southwest corner said 32.10 acre tract, being common with the southeast corner of a called 3.577 acre tract of land conveyed by Vendor's Lien Deed to David F. Eaves recorded in Volume 294, Page 518 OPRCC, and being in the north line of a called 92.3102 acre tract of land conveyed by Special Warranty Deed with Vendor's Lien to Kilgore Business, LLC recorded in Volume 1663, Page 649 OPRCC; THENCE, North 02026'43" West, along the west line of said 32.10 acre tract, being common with the east line of said 3.577 acres, the east line of a called 1.618 acre tract conveyed by Warranty Deed with Vendor's Lien to Harold L. Duncan and Diane E. Duncan recorded in Volume 309, Page 833 OPRCC, the east line of a called 1.667 acre tract conveyed by General Warranty Deed to Larry Joe Benton and Lisa Jones Benton recorded in Volume 311, Page 487 OPRCC, the east line of a called 3.57 acre tract conveyed by Deed to P.C. Cezeaux and G.A. Martin recorded in Volume 16, Page 44 DRCC, and the east line of a called 3.567 acre tract conveyed by Correction Deed to Ricky Fontenot recorded in Volume 1383, Page 22 OPRCC, 1184.15 feet to a point -for -corner being an interior southwest corner of the herein described tract, being common the southeast corner of said 0.9903 acre tract, the northeast corner of said 3.567 acre tract, and being in the west line of said 32.10 acre tract; THENCE, South 87°32'17" West, along the south line of said 0.9903 acre tract, being common with the north line of said 3.567 acre tract, 558.42 feet to a point -for -corner being the southwest corner of said 0.9903 acre tract, and being in the occupied east right of way line of Needle Point Road; THENCE, along the west line of the herein described tract being common with the occupied east right of way line of Needle Point Road the following two (2) courses and distances: 1. North 08014'15" West, 36.86 feet to a point -for -corner; 2. North 11°48'00" West, 261.80 feet to a point -for -corner, being the northwest corner of said 1.9821 acre tract, and being in the south line of said remainder of 21.43 acre tract; THENCE, North 87°32'17" East, with the north line of the herein described tract being common with the south line of the remainder of a called 154.072 acre tract conveyed by Special Warranty Deed to Americus Page 1 of 2 K:\00280\00280-0001-00 Boundary Survey —186 Acre Baytown Tract\1 Surveying Phase\CCMUD No. 3\Documents\CCMUD No. 3 - Tract Two M&B.docx Chambers County Chambers County School Land League Municipal Utility District No. 3 Abstract No. 321 36.1733 Acres Holdings, LTD recorded in Document No. 2019-141206 OPRCC, 1554.66 feet to a point -for -corner, being the northeast corner of said 32.10 acre tract, being common with the northwest corner of a called 41.7490 acre tract conveyed by Special Warranty Deed to Americus Holdings, LTD recorded in Document No. 2019- 139029 OPRCC; THENCE, South 02°28'49" East, along the east line of said 32.10 acre tract, being common with the west line of said 41.7490 acre tract, 1476.92 feet to a point -for -corner (Northing: 13,865,474.60, Easting: 3,279,015.03) being the southeast corner of said 32.10 acre tract, being common with the southwest corner of said 41.7490 acre tract, and being in the north line of said 92.3102 acre tract; THENCE, South 87°23'25" West, along the north line of said 92.3102 acre tract, 950.40 feet to the POINT OF BEGINNING, CONTAINING 36.1733 acres, or 1,575,708 square feet of land in Chambers County, Texas, as shown on Drawing No. 14085 in the office of Jones I Carter in Bellaire, Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the ' 'cal subdivision for which it was prepared. .� Jones ICarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777-5337 Teas Board of rProfessiona[LandSurveying ftgistralion No. 10046100 S�VEN JARS 9 5317 �.6�SURvs�;.o /Through Steven Jares d Professional Land Surveyor rtgr.com Page 2 of 2 K:\00280\00280-0001-00 Boundary Survey —186 Acre Baytown Tract\1 Surveying Phase\CCMUD No. 3\Documents\CCMUD No. 3 - Tract Two M&B.docx N 8220Y9'f � 5aw* = ip1-gym.: mc"ax wxahr�rn cr a a <ti.<inye«a °i1 Z wo b —� N ET.22YT E 109I.144• N ET.IPYY f 7P1B7• � p i1 ,sv.. w � ur ewcc 2 .� H,W L N OV?01' w Je4OB' �lrlw � �wv f w..r.. u Sww� .a.•� F•: •- wv csµ r rvrn TRACT ONE 187.1135 ACRES 9,150,665 SQ Fr n TRACT TWO 36.1733 ACRES N µ 1,575,708 SQ FT i 4 k, N . ...,. s r•.s eri+"i.: rc,.• .�..: a4 ,owFMT vv s...nw v..•.+w w 1/ �°iii,r�r uc 1 4.. k u0.�<vwo [.uGi �W�iuy ip<p�ip .e.:. ,u"..«: «"«navi+wo�.'.1ee w: •v,�w :�� �:°«wM .�.'�°.«m a i.�'w ..,i..,'�,.:, :. �a`w:.:'a`n.'a.w'x+� • i »"«.,� «,"wswi.0 c.n e::°� :� �s ea. r.rt on cwu u m .m.c rm a :mwc< NavrN suet e•. rro 0 zoo .Oo eao BOUNDARY MAP OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT Na 3 CONTAINING 223.2868 ACRES OUT OF THE CHAMBERS COUNTY SCHOOL LAND LEAGUE, A•321 CHAMBERS COUNTY, TBXAS FEBRUARY 2020 0J0NE9ICARTER OWN. NOS