Ordinance No. 10,810 ORDINANCE NO. 10,810
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT
WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Section 43.0751 of the Texas Local Government Code (the "Act") authorizes the
City of Baytown and certain utility districts, including Chambers County Municipal Utility District No. 1
(the"District"), to negotiate and enter into a strategic partnership agreement by mutual consent; and
WHEREAS, this Agreement provides for the annexation of a tract of land in the District, as more
specifically described in Exhibit "A," by the City for the limited purposes of applying certain of the City's
ordinances to such tract; and
WHEREAS, as required by the Act, the City held public hearings on November 19, 2007, and
December 13, 2007, at City Council Chamber, City Hall, 2401 Market Street, Baytown,Texas 77520,and
the District held a public hearing on October 30, 2007, at 7711 Highway 146, Baytown, Chambers
County,Texas,and another public hearing on November 19, 2007, at 1415 Louisiana, 5th Floor, Houston,
Texas 77002, at which members of the public were given the opportunity to present testimony or
evidence regarding the proposed Agreement, and the City and the District made copies of the proposed
Agreement available, and gave notice of the hearings prior to the public hearings in accordance with the
Act; and
WHEREAS, the Strategic Partnership Agreement has been adopted by the District's governing
body prior to the date of this ordinance; NOW THEREFORE,
BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the Interim City Clerk to attest to the Strategic Partnership
Agreement No. 2 with Chambers County Municipal Utility District No. 1. 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 fr i and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative v telof the City Council of the City of
vn, this the 24"'day of January, 2008.
0� gAYron
....
ST PHEN . DONCARLOS, Ma or
:cn
rr
t�
KNAU nterim City C k
APPROVED AS TO FORM:
I t ACIO RAMiREZ, SR.,Cit A torney
R:`Karen\Files\City Council\Ordinances\2008Vanuary 24\ChambersCountyMUD1SPA2.doc
EXHIBIT k
STRATEGIC PARTNERSHIP AGREEMENT NO. 2
BETWEEN THE CITY OF BAYTOWN, TEXAS,
AND THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This STRATEGIC PARTNERSHIP AGREEMENT (this "Agreement") is made and
entered into as of the Effective Date by and between the CITY OF BAYTOWN, TEXAS, a
municipal corporation situated in Harris and Chambers Counties, Texas, acting by and through
its governing body, the City Council of the City of Baytown, Texas (the "City"), and THE
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. I (the "District"), a
conservation and reclamation district created pursuant to Article XVI, Section 59, Texas
Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code.
RECITALS
WHEREAS, Texas Local Government Code, §43.0751 (the "Act") authorizes the City
and certain utility districts to negotiate and enter into a strategic partnership agreement by mutual
consent, and the City and the District wish to enter into such an agreement; and
WHEREAS, this Agreement provides for the annexation of a tract of land in the District,
as more specifically described in Exhibit "A," by the City 11or the limited purposes of applying
certain of the City's ordinances to the Tract; and
WHEREAS, as required by the Act, the City held public hearings on November 19,
2007, and December 13, 2007, at City Council Chamber, City Hall, 2401 Market Street,
Baytown, Texas 77520, and the District held a public hearing on October 30, 2007, at 7711
Highway 146, Baytown, Chambers County, Texas, and another public hearing on November 19,
2007, at 1415 Louisiana, 5th Floor, Houston, Texas 77002, at which members of the public were
given the opportunity to present testimony or evidence regarding the proposed Agreement, and
the City and the District made copies of the proposed Agreement available, and gave notice of
the hearings prior to the public hearings in accordance with the terms of the Act; and
WHEREAS, the City and the District wish to enter into a strategic partnership agreement
to provide the terms and conditions under which services will be provided by the City and the
District and under which the District will continue to exist for an extended period of time after
the Tract is annexed for limited purposes;
NOW, THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS:
Strategic Partnership Agreement.-Page I
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IChapter 114 "Sewer and Water Line Extensions " ', Article IV Impact Fees,"
and
Chapter 130 Zoning."
"Board" means the Board of Directors of the District.
"City" means the City of Baytown, Texas, a municipal corporation situated in Harris and
Chambers Counties, Texas.
"City Charter" means the Charter of the City and any amendments thereto.
"City Code" means the Code of Ordinances of the City and any amendments thereto.
"City Council" means the City Council of the City or any successor governing body.
"City Manager" means the City Manager of the City or his designee.
"Comptroller" means the Comptroller of Public Accounts of the State of Texas.
"Consent Resolution" means resolutions, including all attachments and exhibits passed by
the City Council consenting to the creation of and inclusion of land in the District.
"District" means Chambers County Municipal Utility District No. 1.
"EDU's" or Equivalent Dwelling Units" means a standardized measure of consumption
of water and wastewater systems capacity which is equal to the average flow rate for a single
family dwelling unit in the City, as determined by the City Council.
"Effective Date" means the date the City Manager signs this Agreement.
"Government Code" means the Texas Government Code and any amendments thereto.
"Impact Fee" means a charge or assessment imposed by the City against new
development in order to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable to the new development in
accordance with Chapter 395 of the Texas Local Government Code.
"Implementation Date" means the date the limited-purpose annexation ordinance is
passed by City Council pursuant to Section 3.01.
"Landowner" means a person that owns real property in the District.
"Local Government Code" means the Texas Local Government Code and any
amendments thereto.
stratetic Partner5hin Aereement, Page 3
Y
1
"Party" or "Parties" means a party or the parties to this Agreement, being the City and the
i District.
"Resident" means a person that resides in the District.
"Sales and Use Tax" means the sales and use tax authorized to be imposed within the
corporate limits of the City lying within Chambers County, including, but not limited to, the
sales and use tax authorized to be imposed by Chapters 321 and 327 of the Tax Code, Chapters
344 and 363 of the Texas Local Government Code and those imposed by any other district or
entity which may be subsequently created by the City which imposes a sales and use tax within
the corporate limits of the City lying within Chambers County.
"Service Area" means the property within the boundaries of the District as described in
Section 6.02 of this Agreement.
"Tax Code" means the Texas Tax Code and any amendments thereto.
"Tract" means the following property within the boundaries of the District described in
Exhibit "A" to this Agreement, which is attached hereto and incorporated herein for all intents
and purposes.
"Water Supply and Waste Disposal Agreement" shall mean that certain agreement
entitled "Water Supply and Waste Disposal Agreement between the City of Baytown, Texas, and
Chambers County Municipal Utility District No. I," dated the 4th day of March, 1996, as last
amended on the 14th day of July, 2004.
ARTICLE III. LIMITED-PURPOSE ANNEXATION
Section 3.01. Generally
As soon as practicable following the approval of this Agreement by City Council, as
authorized by the Act, the City shall annex the Tract for the limited purposes of applying the
Applicable Ordinances within the Tract. The Applicable Ordinances will be applicable to and
enforceable in the Tract upon the date of limited-purpose annexation.
Section 3.02. Property Taxes and District Liability for Debts of the City
During the term of this Agreement, except as provided in Article IV, ad valorem taxes
levied by the City will not be levied on taxable property within the Tract.
Section 3.03. Municipal Court's Jurisdiction
Upon the limited-purpose annexation of the Tract,
e City'sjurisdiction to adjudicate cases filed under the Applicable Ordinancesl arpal
iisi court shall have
occurring within the Tract. ng from actions
Strategic Partnership Aeree , Page 4
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Section 3.04. Powers and Functions Retained by the District
Except as limited by the Consent Resolution, the District is authorized to exercise all
powers and functions of a municipal utility district provided by existing law or any amendments
or additions thereto. The District's assets, liabilities, indebtedness, and obligations will remain
the responsibility of the District during the period preceding any full-purpose annexation.
Disposition or acquisition of additional assets, liabilities, indebtedness, and obligations will be
governed by the Consent Resolution.
ARTICLE IV. SALES AND USE TAX AGREEMENT
Section 4.01. imposition of the Sales and Use Tax
The City and all special districts or entities created or hereinafter created by the City
having within its boundaries (lie corporate limits of the City lying within Chambers County shall
impost; a Sales and Use Tax within the Tract upon the limited-purpose annexation of the Tract
and upon the imposition of any Sales and Use Tax hereinafter adopted. The Sales and Use Tax
shall be imposed on the receipts from the sale and use at retail of taxable items at the same rate
as such tax is imposed on the receipts from the sale and use at retail of taxable items within the
corporate limits of the City lying within Chambers County. The Sales and Use Tax shall take
effect on the date described in Tax Code §321.102 or such other applicable law.
Section 4.02. Notification of Comptroller
The City shall send notice of this Agreement and the limited-purpose annexation of the
District to the Comptroller within three days of the Implementation Date in the manner provided
by Tax Code §321.102. The City shall send to the District a copy of any notice from the
Comptroller delaying the effectiveness of the Sales and Use Tax in the Tract.
Section 4.03. City Audit Rights
The District is required by law to prepare an annual audit within 120 days after the close
of the District's fiscal year. The District shall provide a copy of its annual audit to the City within
30 days after the audit is completed.
ARTICLE V. SERVICES PROVIDED BY THE DISTRICT
Section 5.01 Water, Sewer and Drainage Services.
The District shall continue to develop, to own, and to operate and maintain a water,
wastewater, and drainage system in the District and the Tract. The District agrees to operate and
maintain water, wastewater, and drainage service at the same level as the District has operated
and maintained them before the Implementation Date; provided that upon development of the
Tract, the District shall provide a uniform level of services in the Tract as in other developed
areas within the District. The City may periodically inspect the District's water, wastewater, and
drainage facilities.
Strategic Partncrchip A—Pem_ Page 5
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ARTICLE V1. SERVICES PROVIDED BY THE CITY
Section 6.01. Enforcement of Applicable Ordinances
The City shall apply and enforce the City's Applicable Ordinances within the Tract as
more particularly provided in Section 3.01 Of*this Agreement.
Section 6.02. Utility Services.
(a) The City shall provide water and wastewater services to the District only for the
applicable Service Area in accordance with the Water Supply and Waste Disposal
Agreement, as amended in this Section and as follows:
1• Article I "Definitions," Section 1.08 of the Water Supply and Waste Disposal
Agreement is hereby amended to read as follows:
1.08 "Service Area" shall mean the area located within both the
boundaries of the District as they currently exist on the day of
execution of this Agreement and as further described in Exhibit
"B "
2. Article I "Definitions" of the Water Supply and Waste Disposal Agreement is
hereby amended by adding a new Section 1.14, which shall read as follows:
1.14 "Tract" has the same definition as contained in the Strategic
Partnership Agreement executed on even date.
3. Article III "Ownership, Operation and Maintenance of Systems," Section 3.07 of
the Water Supply and Waste Disposal Agreement is hereby amended to read as
follows:
3•07 .Seena�:e and Infiltration The District agrees that it will adopt and
enforce written rules, regulations, and provisions to ensure that connections to the
System will be such as to prevent as much as feasibly possible the discharge into
said System of anything except sewage; and in particular, but without limitation
thereto, that no drains shall be installed or connected in such a manner that any
rainwater or other surface waters are permitted to enter the District's System; and,
in addition, that adequate safeguards will be taken to prevent any abnormal
seepage or infiltration or discharge of any solid matter into said System. The
District agrees that throughout the term of this Agreement the District will
promulgate and enforce an active program to reduce the inflow and infiltration
into the City's System. Additionally, the District shall tender to the City a report
at least annually on the progress of such program. Prior to the execution of this
Contract by the City, the District shall supply the Director with a copy of such
Strategic Partnership ALreem Page 6
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1
rules, regulations, and contracts, including statement of measures designed to
enforce such provision. The District shall initiate whatever lawful actions are
necessary to disconnect any customer who, following reasonable notice, refuses to
remove noncompliant connections. The District will inspect all connections at the
time made and continue to monitor the District's System as a whole to detect
infiltration and unpermitted connections at least one (I) time per month or as
otherwise may be ordered by the Director. The District further agrees to
continuously maintain the District's System so as to prevent any abnormal
seepage or infiltration or discharge of any solid matter into said System. Failure to
do so shall be an Event of Default notwithstanding any payments pursuant to the
following paragraph.
4• Article IV "Quantity and Capacity," Section 4.01 of the Water Supply and Waste
Disposal Agreement is hereby amended to read as follows:
4.01 general.
a• Water. Subject to the terms and conditions of this contract,
City agrees to sell and deliver (or cause to be delivered) to the District the
District's water requirements of treated water, and the District agrees to
purchase from City, the District's treated water requirements, not to
exceed 900,000 gallons per day average daily flow, for resale during the
term of this contract for water services to be supplied in the Service Area,
which consists of a total of 2566 Equivalent Dwelling Units.
b. Waste. In consideration of the compensation stated herein, the City
shall accept and treat waste from the District and the District shall have the
privilege of discharging:
1• waste into the City's System, not to exceed 285,600
gallons per day average daily flow, representing 816 anticipated
equivalent dwelling units within the following subdivisions:
(a) Sections 1, 2, 3, 4, 5, 6, and 7 of Country Meadows
Subdivision,
(b) Block A Addition to Section 4 of Country Meadows
Subdivision,
(c) Block A Addition to Section 5 of Country Meadows
Subdivision,
(d) Block B Addition to Section 5 of Country Meadows
Subdivision, and
(e) Sections 1, 2, 3, and 4 of Hunters Chase Subdivision.
The District expressly understands and agrees that the City will NOT
accept and/or treat waste from the District for Sections l and 2 of Pine
Meadows Subdivision or any part of the Service Area other than those
Strate sic Partncrshin Agreement Page 7
I
4
subdivisions referenced in subsections (a) through e above
Service Area"), except as g O a ("Remaining
p provided hereinbelow. Any discharge or
attempted discharge of waste from such subdivisions into the City's
System, as determined by the City, shall be deemed an Event of Default
unless such discharge is in accordance with Section 4.01 (b)(2) hereof; and
2. waste into the City's System, not to exceed 625,000 gallons
per day average daily flow, representing the following anticipated
connections:
Residential Commercial
Units Units Sections 1 & 2 Pine Meadows Subdivision 191 EDU's 31 EDU's
Remaining Service Area 513 EDU's 1016 EDU's
ONLY AFTER the City's completion and acceptance of the Northeast
District Wastewater Treatment Plant; provided that the District:
within 365 calendar days of receipt of notice that the Northeast
District Wastewater Treatment Plant is complete, to cease
operations of the District's wastewater package treatment plant
serving the Service Area;
constructs, at its own cost and expense, the necessary
appurtenances to connect the wastewater facilities to the City's
wastewater treatment plant, including, but not limited to,
extending the sewer line from the District's wastewater system
in a manner approved by the City Engineer to a point
designated by the City Engineer; and
Y removes its wastewater package treatment plant located on
Needlepoint Road within 6 months after the date the Service
Area is tied into the City's wastewater treatment plant.
5• Article IV "Quantity and Capacity," Section 4.03 of the Water Supply and Waste
Disposal Agreement is hereby deleted in its entirety.
6• Article IV "Quantity and Capacity," Section 5.01 of the Water Supply and Waste
Disposal Agreement is hereby amended to read as follows:
5.01 Imna1 c_ The District shall pay to the City impact fees, which
shall be charged against new development within the Service Area in order to
generate revenue for funding or recouping the cost of capital improvements or
facility expansions necessitated by and attributable to the new development,
pursuant to Article IV, Chapter 114 of the Code of Ordinances, as hereinafter
amended. The impact fees may be adjusted from time to time by the City Council
and the District shall be required to pay the rate in effect at the time payment
due. p y nt is
Strategic Partnership Agreement, Page 8
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1. this Agreement be amended to revise the definition of Tract to exclude such area;
and
2. the City disannex such area from its limited purpose annexation.
(d) All services to be provided by the City herein shall be expressly subject to the payment of
the appropriate impact fees, monthly service charges, and all other applicable fees
specified in the Water Supply and Waste Disposal Agreement, this Agreement and the
City Code. The District shall pay water and wastewater impact fees to the City based
upon equivalent dwelling units in accordance with Article IV of Chapter 114 of the City
Code, and as may be hereinafter amended. The wastewater services to be provided to
Pine Meadows Sections I& 2 and the Remaining Service Area are subject to the
completion of the City's Northeast Wastewater Treatment Plant, which is a capital
improvement identified in the City's capital improvement plan. The City has committed
to the construction of such plant within two years and to have service available within a
reasonable period of time, as determined by the City, which period of time shall not
exceed five years.
Section 6.03. No Further Services
The Parties expressly understand and agree that the City will only provide those services
listed in Sections 6.01 and 6.02 during the term of this Agreement. The City shall have no
obligation to provide or extend any City municipal services not expressly agreed to herein.
ARTICLE V11. FULL-PURPOSE ANNEXATION
Section 7.01. No Full Purpose Annexation During Term of Agreement
The City agrees that it will not annex all or part of the District or commence any action to
annex all or part of the District for full purposes during the term of this Agreement, except by
mutual agreement of the Parties.
Section 7.02. Full Purpose Annexation Option at Termination of Agreement
On or before the third month prior to the expiration of the term or any extended term
hereof; the City Manager shall evaluate whether the City should negotiate a new strategic
partnership agreement with the District, annex the District for full purposes upon the termination
of this Agreement, or allow this Agreement to expire. The City Manager shall make a
recommendation to the City Council regarding the negotiation of a new strategic partnership
agreement, the full-purpose annexation of the District, or the expiration of this Agreement. If the
City Manager recommends that the City negotiate a new strategic partnership agreement or
annex the District and the City Council approves such recommendation, the City shall begin 'proceedings to enter into a new strategic partnership agreement or to annex the District for full
purposes at the end of the term of this Agreement as applicable. If the City Manager
Strategic Partncrshin Acrecment Page 10
I'econlrllends that the Cityneither • .ther negotiate a new strategic partnership agreement nor annex the
District for full purposes, and the City Council agrees or if the City Council rejects the City
Manager's recommendation to negotiate a new strategic partnership agreement e
District for full purposes, the City may begin proceedings todi an ex theT act for limited
purposes ifauthorized under the applicable provision of the Local Government Code. If the City
decides to disannex the Tract, the City may institute proceedings to accomplish such
disannexation to be effective upon the termination of this Agreement.
ARTICLE VI11. BREACH, NOTICE AND REMEDIES
8.01. Notice of District's Default
A. The City shall notify the District in writing of an alleged failure by the District to
comply with a provision of this Agreement, describing the alleged failure with reasonable
particularity. The District shall, within 30 days after receipt of the notice or a longer period of
time as the City may specify in the notice, either cure the alleged failure or, in a written response
to the City, either present facts and arguments in refutation or excuse of the alleged failure or
state that the alleged failure will be cured and set forth the method and time schedule for
accomplishing the cure.
B. The City shall determine (i) whether a failure to comply with a provision has occurred;
00 whether the failure is excusable; and (iii) whether the failure has been cured or will be cured
by the District. The District shall make available to the City, if requested, any records,
documents or other information necessary to make the determination.
C. If the City determines that the failure has not occurred, or that the failure either has
been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to
the City, or that the failure is excusable, the determination shall conclude the investigation.
D. If the City determines that a failure to comply with a provision has occurred and that
the fitilure is not excusable and has not been or will not be cured by the District in a manner and
in accordance with a schedule reasonably satisfactory to the City, then the City may exercise the
applicable remedy under Section 8.03(A).
Section 8.02. Notice of City's Default
A. The District shall notify the City Manager in writing specifying any alleged failure by
the City to comply with a provision of this Agreement, describing the alleged failure with
reasonable particularity. The City shall, within 30 days after receipt of the notice or the longer
period of time as the District may specify in the notice, either cure the alleged failure or, in a
written response to the District, either present facts and arguments in refutation or excuse of the
alleged failure or state that the alleged failure will be cured and set forth the method and time
schedule for accomplishing the cure.
Straiebic Partnership AL.—,.... i Page i i
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B. The District shal
l determine (i) whether a failure to comply with a provision has
occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will
be cured by the City. The City shall make available to the District, if requested, any records,
documents or other information necessary to make the determination.
C. If the District determines that the failure has not occurred, or that the failure either has
been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to
the District, or that the failure is excusable, the determination shall conclude the investigation.
D. If the District determines that a failure to comply with a provision has occurred and
that the failure is not excusable and has not been or will not be cured by the City in a manner and
in accordance with a schedule reasonably satisfactory to the District, then the District may
exercise the applicable remedy under Section 8.03(B).
Section 8.03. Remedies
A. If the City determines that the District has committed a breach of this Agreement, the
City may, and the District explicitly recognizes the City's right to, terminate service under this
Agreement and to seek all remedies at law or in equity necessary to enforce the provision(s)
violated. Termination of service pursuant to this article shall not limit the City's remedies at law
or in equity.
B. If the District determines that the City has committed a breach of this Agreement, the
District may file suit in a court of competent jurisdiction in Harris County, Texas, and seek any
relief available at law or in equity, including, but not limited to, an action under the Uniform
Declaratory Judgment Act in addition to the monetary awards as may be appropriate.
ARTICLE IX. BINDING AGREEMENT, TERM, AND AMENDMENT
Section 9.01. Beneficiaries
This Agreement binds and inures to the benefit of the Parties, their successors and
assigns, as well as special districts created by the City and imposing a sales and use tax within
that portion of the City lying within Chambers County. The District shall record this Agreement
with the County Clerk in the Official Records of Chambers County, Texas. This Agreement
binds each owner and each future owner of land included within the Tract in accordance with
Subsection (c) of the Act.
Section 9.02. Term
This Agreement commences and binds the Parties on [lie Effective Date and continues
until March 3, 2021, unless earlier terminated. This Agreement shall be automatically extended
for additional five (5) year terms unless either party gives written notice of termination three
months prior to the date of any such automatic extension. However, both parties expressly
understand and agree that should any portion of the property involved in this Agreement become
straweic Partnership A �reemcnt. Page 12
annexed by the City of Baytown for full purposes, this Agreement may terminate with respect to
such area at the sole option of the City.
Section 9.03. Amendment
The Parties by mutual consent may amend the terms and conditions of this Agreement
at any time.
ARTICLE X. MISCELLANEOUS PROVISIONS
Section 10.01.Force Majeure.
In the event any party is rendered unable, wholly or in part, by force majeure to carry out
any of its obligations under this Agreement, it is agreed that on such party's giving notice and
tiill particulars of such force majeure in writing or by telegraph to the other party as soon as
possible after the occurrence of the cause relied upon, then the obligations of the party giving
such notice, to the extent it is affected by force majeure and to the extent that due diligence is
being used to resume performance at the earliest practicable time, shall be suspended during the
continuance of any inability but for no longer period. Such cause shall as far as possible be
remedied with all reasonable dispatch.
The term "force majeure" as used herein, shall include, but not be limited to acts of God,
strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people,
explosions, breakage or damage to machines or pipelines and any other inabilities of either party,
whether similar to those enumerated or otherwise and not within the control of the parties
claiming such inability, which by the exercise of due diligence and care such party could not
have avoided.
It is understood and agreed that the settlement of strikes or lockouts shall be entirely
within the discretion of the party having the difficulties, and the above-referenced requirement
that any force majeure be remedied with all reasonable dispatch shall not require the settlement
of strikes or lockouts by acceding to demands of the opposing party when such course is
inadvisable in the discretion of the party having the difficulty.
Section 10.02,Approval.
Whenever this Agreement requires or permits approval or consent to be hereinafter given
by any party, such approval or consent shall not be unreasonably withheld. Such approval or
consent on behalf of a party shall be evidenced by an ordinance or resolution adopted by the
governing body of the party, or by an appropriate certificate executed by a person, firm or entity
previously authorized to determined and give such approval or consent on behalf of the party
pursuant to an ordinance or resolution adopted by the governing body, unless stated otherwise
herein.
Strategic Partnership Agreement Page 13
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Section 10.03. Notice
I
Any formal notices or other communications ("Notice") required to be given
Party to another by this Agreement shall be given in writing addressed to the Partyo be notified
at the address set forth below for such Part
depositing the same in the United States Mail,�certifieddortegis registered, return vering the same e tperson, es by
d,
postage prepaid, addressed to the Party to be notified, (iii) by depositing the same w q withFederal
Express or another nationally recognized courier service guaranteeing "next day delivery,"
addressed to the Party to be notified, or iv b -sending �' "
( ) Y • b the same by telefax with confirming copy
sent by mail. Notice deposited in the United States mail in the manner herein above described
shall be deemed effective from and after the date of such deposit. Notice given in any other
manner shall be effective only Wand when received by the Party to be notified. For the purposes
of notice, the addresses of the Parties, until changed as provided below, shall be as follows:
All Notices required or permitted hereunder shall be in writing and shall be served on the
Parties at the following address:
City: City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281)420-5891
District: Chambers County Municipal Utility District No. 1
Young & Brooks
1415 Louisiana, 5th Floor
Houston, TX 77002
Fax: (713) 951-9605
The Parties shall have the right from time to time to change their respective addresses,
and each shall have the right to specify as its address any other address within the United States
of America by giving at least five days' written notice to the other Parties. If any date or an
Period for calculating the notice shall be extended to
period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable
the first business day following such
Saturday, Sunday or legal holiday.
Section 10.04. Time
?rime is of the essence in all things pertaining to the performance of this Agreement.
Section 10.05. Severability
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which t
shall continue in full force and effect.
Strategic reem�nt Page 14
Section 10.06. Waiver
Any failure by a Party hereto to insist upon strict performance by the other Party of any
material provision of this Agreement shall not be deemed a waiver thereof or of any other
provision hereof, and such Party shall have the right at any time thereafter to insist upon strict
performance ofany and all of the provisions of this Agreement.
Section 10.07. Applicable Law and Venue
The construction and validity of this Agreement shall be governed by the laws of the
State of Texas without regard to conflicts of law principles. Venue shall be in Harris County,
Texas.
Section 10.08. Reservation of Rights
To the extent not inconsistent with this Agreement, each Party reserves all rights,
privileges, and immunities under applicable laws.
Section 10.09. Further Documents
The Parties agree that at any time after execution of this Agreement, they will, upon
request of another Party, execute and deliver such further documents and do such further acts and
things as the other Party may reasonably request in order to effectuate the terms of this
Agreement.
Section 10.10. Incorporation of Exhibits and Other Documents by Reference
All Exhibits and other documents attached to or referred to in this Agreement are
incorporated herein by reference for the purposes set forth in this Agreement.
Section 10.11. Effect of State and Federal Laws
Notwithstanding any other provision of this Agreement,
the District shall with al
applicable statutes, rules, regulations, and ordinances of the United States and the Statelof Texas,
Chambers County as well as the City , as such statutes, rules, regulations and ordinances now
exist or as may be hereinafter amended.
Section 10.12. Entire Agreement
This Agreement, including the exhibits hereto, contains all the agreements between the
parties hereto with respect to the strategic partnership and may not be modified orally or in any
other manner other than by an agreement in writing, signed by all the parties hereto or their
respective successors in interest.
Stratc,ic Partners in Agreement. Page 15
Section 10.13. Headings
The headings as to contents or particular articles or sections herein are inserted only for
convenience, and they are in no way to be construed as a part of this Agreement or as a limitation
Oil the scope of the particular sections to which they refer.
Section 10.14. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
Section 10.15. Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement. It is specifically agreed and understood by the parties
hereto, that the Water Supply and Waste Disposal Agreement between the City and the District is
hereby superseded by this Agreement and shall have no further force and effect.
Section 10.16. 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.
Section 10.17. Authority for Execution
The City hereby certifies, represents, and warrants that the execution of this Agreement is
duly authorized and adopted in conformity with the City Charter and City Ordinances. The
District hereby certifies, represents, and warrants that the execution of this Agreement is duly
authorized and adopted by the Board.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies,
each of which shall be an original, as of the date signed by the City Manager of the City of
Baytown.
CHAMBERS COUNTY MUNICIPAL
UTILITY DISTRICT NO. I
By:
Signature
i
Richard E. Greer
President
Strategic Partnerp Aereement Page 16
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ATTEST:
f
By:
Signature
Flarold R. Scarborough
Secretary
STATE OF TEXAS ti
COUNTY OF titi
This instrument was acknowledged before me this dayof
by Richard E. Greer as President, and Harold R. Scarborough, ' 20—'
ers County
Municipal Utility District No. I, a political subdivision of the State cof Texas, on behalf of said
Political subdivision.
(NOTARY SEAL) Notary Public in and for the State of Texas
CITY OF BAYTOWN, TEXAS
By:
ATTEST: Garrison C. Brumbaek, City Manager
By:_
Kelvin Knauf, Interim City Clerk
APPROVED AS TO FORM:
By:
Ignacio Ramirez, Sr., City Attorney
Strategic Partncri Aerecmcnt Page 17
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STATE OF TEXAS
COUNTY OF HARRIS §
This instrument was acknowledged before me this
day of 20
by Garrison C. Brumback, as City Manager of the City of Baytown, Texas, a municipal
corporation, on behalf of said municipal corporation. p
Notary Public in and for the State of Texas
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l2ah;ircalFiles',C'unrrtctslLimited Annexation Contrlcll5PA4AdditionalpropertyNCltantbersCoanlyMUDC'tc;tillOO72t}n7R.doc
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Strati Mic Partnership Page IS F
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Exhibit A
Tract
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!~xhibit"A."Page Solo
3
� `s
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June :0, 19eo
C xn= COON_7 MUNICIPAL 0:'.:»•:T CS�711C h0. 1
XAC-- 1
Bein
84
tract situated a•tbsfMLiy�a8loedand + Pact uad o! that eer.ain 202.2i4 arse
tracl thtu 14], Of the Deed Retards of paabera Caont Ahor act No. 4. pages 1.
thAt Woe*being
=.M• . f a 100 acre andYa Texas, ati
7 Far; o , said 10:.2i4 a
1916 and remroed in Volume ;gersld by John Shearer in & Za a% tract o! load
County. �saa, said 90.2384 6' Page 575 of the Dead Records of dated may 1.
by notes and bound& as follovs�s of :and being sore particularly dibeq
C2"-ENC1HG at an iron rod found far the northeast
caner of the ataresontaoned said point being 102.264 acre Csaet,
in the south A.O.K. line of
ntsrsca[e 8igbway No. 10 and being the e42C line
A said Millias 8loodg0ad League Abstract No. 4
AM CA cl veal lint of ens Millaas elovdgood Augu-
=.Go ioo % along Anstraet No. 5. thence 5 75.13'12' M.
^T S.oQ feat along the &oath R.O.K. line v! Znear-
state highway Ho, 10 to the Foist of nog09 nt
gri
ttheeduthe;ucO4. E' 2323.6i fiat to A point for
R.O.M. 1.ihe at Neeer of this tract. In the north
dle point Road and the •oath
line of said 222.3 acre tract;
TH N= S 73*07.326 M, wltb the mouth line of this
tract. being the soaeh line of said 2Z2.3 acre tract
tanc+ i�2321.2{ left at Noodle Point Aced,a dis-
4.O.Y. lids at State 81 a 1 iron PSPa Lathe east
andsootbwest meaner of ghwaY No. 146�being the
this tract;
-NENCC N 12'35'32• t. witD the vest line of this
Cruet and Ybe east R.O.M. lint of said state Sign-
wnY no. 14i, a diau;;; of 1403.00 toot to a Cos,
erete R.Q.R. monument for an angle paint;
=BEisCL N 35'39'3e' g, continuing with the vest
line at this tract and the east R. O.M. line of
said State Rignway No 14i,a distance of L73.06
cot to a coacreta A.O.M. sonuaeat for as angle paint:
liline o
a H 15'24'09' 1:' Continuing with the Hest
f ttas tract and tna east R.O.M. line of said
Mate Sighwav Ho. 146,a diacQanca of W- ling tart maid
an iron Fape and being the soutawast corner 0f thto
e
• Hustle Oil and Refining Co. 0.0931 acre tra r. of land;
andC= N 7S'06' u. E, vith North line of LRia lost[
and being CAe ■auto line of said O.s931 acre true;,
a disranoe of 300.37
concrete for an tat to an iron rod set in
the
southeast 'nteriar corner, said corner being
corner of Gee aforasencioned Q.893l
acre tract;
a.Ld L H 15`lb'1d• F, with the east line of the
sand 0.ran acre tract, a dastance v[ 150.54 fact
to an Aron rod act in eanerete for the northeast
Corner of tDis tragic of land and the northeast
corner of said 0,a93I acre tract, said corner
being in she waY No. 1Q; South R.O.W. line of Interstate Uigh_
:sari s tract and bei-ngnq th L'9 75• Z' E, wi the north line of t,.�is
Jli e south A.O.w, line of 9"4' NO, l0 erstate
, one
m a d:s;anca of 8:Z.30 iaat I nntt
Paint of geS:nnanq and eoncaanang 90.2384 ae.-asp
ore or less.
Page f of 1
TRACT 2
IDESCRIPTION Or TRAC•f OF LAND CO
6.U151 AC•RI S(262,01? NrAlN1NO
LOODG
WILLIAM B CONTAIN FEET)SiTUATEU IN TILL
OOD Al)(3LNENTA r1ON SL:R VI:Y,.1.5.
CHAMJ3ERS COUNTY, .rEy(AS
Bang a tract of land containing 6.0I Sl acres(2t,?t)l-
BhtoRestri AuRumentation Survey, square feet)sut,atcd to the lv fliam
"��"•Restricted Reserve'•p^. A-5 in Chambers County,'texas hcing a1!of RtStriCIL'd Reserve
Section One,a subdivision plat recorded under Document No,Portion or Future County Road l2eel
Chambers County,Texas.Said 6.0151-acre tract being more particular! f dCs wide?of Summerf iew
bounds as follows: XXXXXX of the Map Records of
Y embed by n1etcs and
BEGINIYiNC at a found 5/8-'Inch iron rod located in the east right-of-way line ofState
Highway 146, for the southwest corner of Abbe Subdivision,a subdivision Plat
2,Page 104 of the Map Records of Chambers Count
Summerfield Section O Y. Texas,f'or the northwest comer of saidunder V olum�,
Ones Restricted Reserve"A'•and said tract herein described;
THENCE North 770 17'S5" ast with the south line Of said Abbe Subdivision and lice n„nh
line of said Summer field Section One and said Restricted Reserve
Point for corner, for the northwest corner of Block 1,and the no comer o
Reserve"A"Of said Summerfield Section Onc and for the north distance of 337.11 1'cet to a
described; fsaid Restricted
cornereast Of said tract herein
THENCE South 100 31'US"
West continuing with the cast line of said Restricted Reserve'•.1"
and the west line S said Block 1,a distance of continuing
8
right-of--way line of said Future Count reel to a
southeast corner of said Restricted Reserve y Rod'1°r the southwest comer
located in the north
'•A'; Block 1 and the
THENCE North 7811 34'59"West with the north right-of--way line of said Future and the south line of said Restricted Reserve'•A,, a distance of 1-Wa feet to a i
re County Read
THENCE South 10°51'22" pint for corner;
120.07 feet pass the south ri West crossing the right-Of-way
Restricted Reserve"B•' ght-Of way line of said Future County Road,for the northeast corner ot'said
y Of said Future County Road,at
total distance of637.78 feet to a the point estcomer located in the south
One, for the southwest coffer Of said Block Sm r southeast er of nlock 5 ofsaid Summerfield Section[Inc, for a
said tract herein described; line of said Summerfield Scction
comer of said Restricted Reserve"I3'•antl
THENCE North 5!°53'04"West with the south line of said Su
Restricted Reserve"h a distance of349.25 feet to a point for comer located i
fine ofsaid State Highway 146 and being in a curve a the left, for the most
d in Section One and said
of said Summerfield Section One said Restricted Reserve•'B'• n fire cast right-o f way
and said tract hereinl descrihcdsl comer
TIIr. CE in a northeasterly direction continuing with the cast right-of--w,
Highway 146 and the%vest line ofsaid Summrrfield Scction One.said Restricts
curve to the left whose radius is 5,739.58 feet with a central an, iY Zinc ufs;dd State
1 I°•t3'20"East,a distance o � ylc of fi7 U6' d Reserve••!3•'and sail
lino of said Future County Rod,at an peel c'nt,all arc len, 41•'
f,th of 346.0ti feet lChord hears,Forth
Future County Road,for a total arc length of 71 S.60th of�c t�o)Pass he (he
north pass the south right -►vay
containing 6,015, acres 262, right-of way lint of said
017 square feet)of OF land,more or less. BEGL�r,NJN
(�arts!
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Votc: This motes and hounds description is rrfcropced to;t sarvcv
�'()hb,Frndlcy&Associates, Inc.d-Mcd Jamiary S. titicd
:1�h•l)1.5! r1C.'R F.TRA("!'SlTt:; � _ drawing prrpancl!�y
At.'Gt;+v1r�lT:I rinN st.;Rv1.Y,1r5,N CI1j1XIB rl.Ll:1V} 13!QOf)nn(nLE SI'RVrY of.
�Rs�ot.�rY. rrxAs".Cobb,rcndlcy&,Issociates,Inc,
13410 Nhonhwcst Freew.ty,Suito (!oQ ffoaston, Texas"7040
P cane:(713)463.3242
Job No. 5310-!c)}_j)1-U1
January 8,20Oti
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TRACT 3
i DESCRIPTION OF A TRACT OF LAND CONTAINING
10.2881 ACRES(448,149 SQUARE FEET)SITUATED TN T1IE
f WILLIAM BLOODGOOD AUGMENTATION SURVEY,A-5,
f CHAMBERS COUNTY,TEXAS
Being a tract of land containing IQ?881 acres(448,149 Dlaodgood Augumentad square lest)situated in the 1l:lliam
on Survey,A-5 in Chambers County,Texas being out ora 31.5178-acre tract
comprised of three tracts of land as recorded in Volume 294,Pagc 215. Volume 13, Page 59', �•oluntc
319.Page 356,and Volume 282,Page 451 of the Deed Records of Chambers County.Texas.Said
10.2$81-acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point for corner located in the west right-of-way line of State Ilighway 146.
for the northeast comer of said 31.5178-acrc tract and said tract herein described for the beginning of a
curve to the left;
THENCE in a southwesterly direction continuing with the west right-of-way line of said State
Highway 146 and the cast line of said 31.5178-acre tract and with said curve to the len whose radius is
11,518.16 feet with a central angle of 02°28' 1 I"(Chord bears South 07^32'US"Wcst,a distance of
496.49 feet)for an arc length of 496.53 feet to a point for comer;
THENCE South 06° 18'03"West with the west right-of--way line of said State Highway 146
and the east line of said 31.5178-acre tract,a distance of 291.40 feet to a point for comer,for the
beginning of a tangent curve to the right;
THENCE in a southwesterly direction continuing with the west right-of-way line of said State
Highway 146 and the east line of said 31.5178-acre tract and with said curve to the right whose radius
is 5,669.75 feet with a central angle of 020 42'56"(Chord bears South 070 39'3 1"West,a distance of
268.69 feet)for an arc length of 268.72 feet to a point for comer, for the southeast comer of said tract
herein described
THENCE South 770 18'56"West,a distance of 151.87 feet to a point for corner;
THENCE South 77'38'48"West.a distance of 296.57 feet to a point for corner, for the
southwest corner of said tract herein described;
THENCE North 070 05'29"East,a distance of 1,063.71 feet to a point for corner located in the
north line of said 31.5178-acrc tract for the northwest corner ofsaid tract herein described;
THENCE North 78"30'22"East with the north line of said 31.5178-acre tract,a distance of
448.44 feet to the POINT OF BEGINNING and containing 10.2881 acres(448,149 square feet)of
land,more or less.
Cobb,Fendley&Associates,Inc.
13430 Northwest Freeway,Suite 1100
Houston,Texas 77040
Phone:(713)4662-3242
Job No. 53I0-101-01-Ol
January 10,2008
a
TRACT 4
DESCRIPTION OF A TRACT OF LAND CONTAINING
0.7510 ACRES(32,759 SQUARE FEET)SITUATED IN TILE
WILLIAM 13LOODGOOD AUGUMENTATION SURVEY,A-5,
CHAMBERS COUNTY,TEXAS
Being a tract of land containing 0.7520 acres(32,759 square feet)situated in the William
Bloodgood Augumcntation Survey,A-5 in Chambers County,Texas heing out of a 31.517E-acre tract
comprised of three tracts of land as recorded in Volume 294, Page 215,Volume 13,Page 597,Volume
319, Pagc 356,and Volume 282,Page 451 of the Deed Records of C harnbers County,Texas.Said
0.7520-acre tract being more particularly described by metes and bounds as follows:
left; COMMENCING FOR REFERENCE at a point located in the west right-of--way line
Highway 146, for the northeast corner of said 31.5178-acre tract and for the beginning of a curve to the of SL1tc
THENCE in a southwesterly direction continuing with the west right-of--way line of said State
Highway 146 and the east line of said 31.5178-acre tract and with said curve to the left whose radius is
11,518.16 feet with a central angle of020 28' 11"(Chord bears South 07"32'08"West,a distance of
496.49 feet)for an are length of 496.53 feet to a point for comer,
THENCE South 060 18'03"West with the west right-of--way line of said State Highway 146
and the cast line of said 31.5178-acre tract,a distance of 291.40 feet to a point, for the beginning of a
tangent curve to the right;
THENCE in a southwesterly direction continuing with the west ri t
Highway lob and the cast line of said 31.5178-acre tract and with said curve to the right whose radius
bh -of--way line of said State
is 5,669.75 feet with a central angle of 02°42'56"(Chord bears South 070 39'3 1"West,a distance of
268.69 feet)for an arc length of 269.72 feet to a point;
THENCE South 770 18,56"West,a distance of 151.87 feet to a point.
THENCE South 770 38'48"West,a distance of 296.57 feet to a point;
THENCE South 121*09'36"East,a distance of 417.86 feet to the POINT OF BEGINNING
and the northwesterly comer of said tract herein described;
THENCE North 770 49'48"East with the north line of said tract herein described,a distance of
265.78 feet to a point for the northeast comer of said tract herein
curve to the right; described and for the beginning of a
THENCE in a southwesterly direction continuing with the west ri said curve to the right whose m(light-of--way line of said Slate
Highway 146 and the cast sine of said 31.517E-acre tract and with us
is 5,669.75 feet with a central angle of 020 31'42"(Chord bears South 140 54'36"West,a distance of
250.17 feet)for an arc length of 250.19 feet to a point for comer for the most southerly comer of sa id
31.5178-acre tract and said tract herein described;
THENCE North 51'40'50"West with the south line of said 31.5173-acre tract,;t distance of
238.76 feet to a point for comer;
THENCE North 120 09'36"West,a distance of 38.54 feet to the POINT OF BEGINNING
and containing 0.7520 acres(32,759 square feet)of Ian(,,more or less.
Cobb,Fendley&Associates,Inc.
13430 Northwest Freeway,Suite 1100
Houston,Texas 77040
Phone:(713)462-3242
Job No. 5310-101-01-01
January 10,2008
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Exhibit Q
Service Area
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Exh6it"B•„Page Solo '
Exhibit "B"
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+ & SSOCIATES
January 29, 2004
Chambers County Municipal Utility District No. 1
Boundary Map Revision
Chambers County Municipal Utility District No. 1, lying totally within the
boundaries of Chambers County, Texas, and being 478.6193 acres, more or
less, out of the William Bloodgood League, A-4, the William Bloodgood
Augmentation,A-5 and the Chamber School Land Survey No. 3, A-321 and
being described by metes and bounds prepared in four(4)separate tracts as
listed below and attached in the following pages:
Tract 1 90.2384 acres
Tract 2 206.2848 acres
Tract 3, 150.5783 acres
Tract 4' 31.5178 acres
Total 478.6193 acres
The information herein is includes the annexation of a 42.3089-acre tract located
north of and adjacent to Tract 2 described herein.
The information attached was prepared an
provided by Chambe ou u • produced from documents
rict No. 1.
a e A. Fun .,
Regi erect Professional Land S urvtyor No. 5 Q
31�
Note: The documents attached were prepareed under 22 TAC 663.21 and do not
reflect the results of an on the ground survey, and are not to be used to convey
or establish interests in real property except those rights and interests implied or
established by the c►eation or necon figuration of the boundary of the political
subdivision for which it was prepared.
5300 Hollister.Suite 400 i Houston.Texas 77040-61381 Voice 713.462.32421 Fax'13.462.32621 www.coblen.com
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3
1
j June 20, 1900.
`I OL4"02 Cogent ROW30Fu. M=Tr n=SMM
TVAC7 1
being 90.238
4 acres of land not of and a part o! that eersalsN 102.264 cane
tract situated in the William, aloodgood Leagosa that ce to d. 2.264 lit,
then lbe. o! the Deed Records o! Chambers County, Tessa. said 102Pages.264 acm
tract being acigiNNally • Part of a 100 acre and a =.3 acre tract of land
that vote deeded to s.n. Pitsgerald by Jahn Sbearer in a Dead dated Inq l,.
1916 and recorded is Volue.e 6. sage 575 of the Deed Records of Cbam,bers
uotes and bean" as Z
Wald .?314
jW
by m 4,cttis of land being snore Particularly de�serihad
=Mr- NCSMG at Aft 'ran rod found for the nor
Curler of the aforemantioned 202-264 acre theast
tract,
said point being in the south A.O.K. lice of
Sotsratata Highway Ro. 10 and being the east line
of said William Blood
go" League Abstract No. 4
and the vest line of the William Alond90od Auqu-
mentatioo Survey. Abstract No- S, tbenee S 75-23112- M.
225.00 feet along the south A.O.K. line of =nter-
state Highway No. 10 to the Point of Beginnings
THENCE S 12'21'14• E. 2323.66 feet to a point for
the southeast corner of this tract, in the north
R.O.H. line of Meedle Point Road and the south
lime at said 2=3 sere tracts
THENCE S 78'07.32' H, with the south line 49 this
tract, being the south line of said 222.3 acre tract
ta°cemolhZ311.24 test line o_ xeedle Point Road,a dis-
LO.W. lime of State ghway no. 144to 4 1" ironibbmto the cast
southwest Corner of this tracts • 9 the
TBEUTC V 22.15.32' E. with the vest line of this
a xa146 the aeast dis R-O'H- line of said State IIigb-
3' tans of 1403.00 feet to a cee-
erete R-O.L. monument for an angle points
THENCE V 35.39'31` t, continuing with the vest
line at this tract and the east L O.W. line of
said State 3igbway Mo. 146,a distance of 179.06
lest to a Concrete R.O_w, sonumecL for an angle point;
THENCE x 15-24109- L, continuing with the west
line of this tract and the east L O.H. line of said
Ststa IIigbwal MD. 146,E distance of 82e.71 feet to
an irope
' Suable oOU andad beingRefining
southwest corner of the
Co. 0.0931 acre tract of lands
THENC 9 75.0601e' X. with worth line of this tract
anddista being the south lima of said 0.s931 acre tract,
a nce of 300.37 feet to an iron rod not in
concrete for an interior corner, said corner being
acre
southeast corner of the aforementioned 0.8931
j traetN
e
THENCE R 15'16•13' E. with the cast line of the
said 0.0934 acre tract. a distance of 150.54 fact
to an iron rod set in concrete for the northwest
Corner of this tract of land and the northeast
orner Of-said 0.8931 aere•tract, said corner
being in the Soetb R.O.W. ,no
of interstate Bigh-
war No. lot
THENCE x 75.13'12- _, with nthin le of this
tract and being the south R.Othe.NN.orline of interstate
alghway kc. 106 a distance of 922-30 toot to the
point of segsnninq and containing 90.23b4 &Cron,
no" or less.
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January 29, 2004
%i Page 1 of 2
Y1
CHANGERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
TRACT 2
Being 206.2898 acres of land out of and
part
Abstract No. 4, and the William BloodgoodAu of the William Survey, Abstra League,
5, Chambers County, Texas, also being comprisendoft ion ct threetractsofland as,
recorded in Volume 13, Page 567, Volume 13, Pa
ge Volume 577, Page 45 of the Deed Records of Chambers BCounty,,e 10,
TexasPasge aid59 tract nd
of land beinglmore particularly described as follows:
BEGINNING at a concrete highway monument in the east
right-of-way of State Highway 146, said right-of-way
line being the west property line of this tract;
THENCE along the east right-of-way of State Highway
146, N 120 55' 32" E, 200.00 feet to a 1" iron pipe
found for an angle point in the west line of this
tract, and the aforementioned tract recorded in
Volume 13, Page 567 of the Deed Records of Chambers
County, Texas; said point being the southwest corner
of la 5.0 acre tract;
THENCE along the south line of said 5.0 acre tract N
7701 22' 11" E, 1041.60 feet to a 1" iron pipe found
for, the southeast corner of said 5.0 acre tract and
an Interior corner of this tract;
THENCE along the east line of said 5.0 acre tract N
11', 25' 51" E, 209.09 feet to a 1" iron pipe found
for; the northeast corner of said 5.0 acre tract the
most northwest corner of this tract;
THENCE S 77° 09' 44" W, 1041.83 feet to a point
located in the east right-of-way line of said State
Highway 146 for the northwest corner of said 5.0 acre
tract, the southwest corner of a 42.3089 acre tract
and !for an angle point in the west line of this tract
ands
THENCE N 12° 03' 06" E along the east right-of-way
linel, of said State Highway 146, 690.17 feet to a
Point for the northwest corner' of said 42.3089 acre
tract and for the northwest corner of this tract;
THENCE N 77° 17' 46" E along the north line o 42.3689 acre tract, 2790.51 feet to a f said
or the
northeast corner of said 42.3089 acre tract and for
the northeast corner of this tract;
THENCE S 11. 37' 26" E along the east line of said
42.3069, 631.53 feet to a point for the southeast
corner of said 42.3089 acre tract for an angle point
in the east line of this tract;
THENCE S 110 46' 53" E, 2139.70 feet to a point for
the southeast corner of this tract;
THENCE S 770 37' 06" W, 1480.58 feet to a 2" iron
pipe found for an angle point;
THENCE, S 77° 30' 56" W, 894.59 feet to a 2" mill
shaft !found for an angel point:
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January 29, 2004
Page 2 of 2
Tract 2
THENCE S 770 30' 10" w, 1005.43 feet to a 5/8" iron
rod found for the southeast corner of a 4.0 acre
tract and an interior corner of this tract;
THENCE N 120 34' 49" W, 300.24 feet along the east
line of said 4.0 acre tract to a 2" iron pipe found
for the northeast corner of said 4.0 acre tract and
an interior corner of this tract;
THENCE S 770 45' 00" W, 463.92 feet along the north
line of said 4.0 acre tract to an iron rod found on
the east right-of-way line of State Highway 146, said
iron rod being the northwest corner of said 4.0 acre
tract and the southwest corner of this tract and also
on; a curve to the right having a chord bearing N 110
021 02" E, 159.20 feet;
THENCE along the arc of said curve to the right
subtending a central angle of 00° 48' 01", a radius
of' 11399.16 feet, an arc distance of 159.20 feet to a
5/8" iron rod w/cap;
THENCE continuing along the east right-of-way line of
State Highway 146 N 11° 09' 41" E, 1421.38 feet to
the POINT OF BEGINNING and containing 206.2848 acres
of land, more or less. .
i
Juju 20, 1!!0
CNAetlLRS C0UW1r
Y R"'IPAL U .ITY oI j StiIC? R0. 1
being
acme of land amptised
William Selood3ood Au usentatioa S... of three tracts Situated in the
9 9 comp, Abstract recorded
school Land Surrey, i►3690V t Mow 321 in Ms..s . S, aid the Chambers
recorded in volume 138 sage Sil, Volume 13, lageRSabj and
OUsty, Texas as
Latate residual 32.339 acres of the arigiaal 261 mete tract of land and
being more particularly described as tollova=
SLGIRWIWG at a point is the east R.O.W. line of State
Highway No. 246. !or the southwtract est cachet of this
thong*aR 77.08 nd the southwest corner of the Abbe Subdivision,
and the south sin* of yid Abbe Subdivision north line : and sesnex
of 1938.76 toot to a 2• iron pipe !or the southeast
corner of said Abbe Subdivision and an angst rhepoias in
the Horeb sin* of this tract, said point also being the
southwest corner of the S.S. lirsgarald Lstste Tract of
lands
TNENCL R 77.14113, L, with the north ,no
of this tra
and the south line of said rats Latate tr act
ct
897.71 feet to a 2• iron pipe tar the soethsast corner
theof anorthid iIla ofdthhis to Tract and an angle point in
southwest corner of the Roy C.tract's 00 point also !angle
the
� C. Donnelly Tract;
7SENCL W 77•15'47• _, with the north line of this tract
and the south line of said Goon*sly Traet, distance of
3,606.53 toot to the nortbeast corner of thisa stage and
the southeast earner of said Donnelly Tract:
TBLSSCL S 12.471444 L, with the *mat line o! this tract,
a distance Of 1004.32 toot to an iron shalt eat in con-
crete for the southeast corner of this tract and the
northeast corner of the 1.A.1. and C.A.R. Co. Survey,
Abstract No. 61S
7HD#CL S 77.15126• W. vith the south line of this tract
being the south line of said William 8loodgood Augumen-
tation Survey and the north line f said R.R. Survey a
o
distance 4462.6o last to an angle point in the south
line of this tract?
a distance
S 77•191361 x, with the south line of this tract
• distance al 122.7o feet to one southeast corner of the
United Gas lipali¢a Co. Road -Teat and a corner tar
this tracts
THENCL w 12.40104"4,with the vest line of
this tract,
being the east line of said road tract a distance at
40.00 fact to an iron rod for the northeast eornar of
said road tract and an interior corner of this tract?
7UC
and the
S north
line x, with the south line of this tract
and eh* north lie* o! 2414 toad tract a distance of
2071.36 feet to ♦ point fora earner of this tract and
a corner of said road treaty
TSCHCS N 51'39'37• x, with the south line of this
tract and the north Ian* of said road tract a diatanee
Of 232.90 feet to an iron rod ter the southwest corner
Of this tract and "a northwest corner of said road
s
tract, said point being in the east R.O.W. line of
State vagnway Ho. 146;
TU LHCL with the vast line of this tract and said east
R.O.W. lane of State 8lghway, Wo. 246 following the
coord of a 02*00.00' curve, H 12'14'43• E. a distance
13 .57932 feet to the point Of beginning and containing
15o.S7e] aares, more or less. ,
A
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1 June 20,1390
citAxscRs cauxrs muxICZp , DTIL2tt aiSTllta xa. 1
TU M 4
Doing 31.5171 acres of land au,, a, and e !
l Au9u+eentaticn Survey, Abstract N0. 5 part
of the William Dloodgood
casprisad ad three tracts ad land as the Chadect COYntY. Sews and being
Volne, 1
3, lags 597
, Values 3
19
, Page
ecordd is Volume 294, page =0
Deed Records of Chambers County, ;axes, Dad a Velure 222, loge 45; of
as lellowms ing SO" perticulsrl des
cribed
DEGSNWixC at an Iron rod for "a northeast corner at
this tract. said point being on a Curve n the west X.O.W.
lire of State Highway We. 14i and on the south line ofi the
William Hloodgood League. Abstract no. 4 and the north line
of the fallowin said curve William Dloodgood Augumeotation Survey, Abstract No, S.
2.2He1,L* and 4 chard bearin4asi07 32 pD�y •nql, of
19i.19 feet eo • concr*t* R.O.x. m+ument founddat them of
of tangencr of said curve; point
wayxNo. 14i,S distance ofn2llh�Dwest R.D.Y. of State High—
curvature for a curve W tbo teat to Gha point
of
line j right eh the raid wsL R.O.W
.
j THENCE following along the are at maid curve to the right
having a central angle of 02.42.5i. an are distance o!
266.69�feet dtoua�i•eibowi rend a jar beating S D7`39.31• lj,
this tract: the souraeart eoez aE
moCE S for an an`la
iron rod for a le a distance of 151.47 feet to a 3/41 gle point;
THENCE S 77`3214r, W. a distance o! 29i.S7 feet t asps
for an interior corner; o as
THENCE S 22.09,36• E, a distance
Iron pipe at a lent, corner; of 41T.D6. feet to a 2`
THENCE N 77.491461 Z. a distancs of 265.78
iron rod in the curve of the rue lest to anR.O.W. line of State
Highway me. 146;
T"ZMCS along the are of said R.O.W. curve inq a
central angle of 02.31,42• a distance of250.29 feet,
said curve havinr a chord bearing S 14-34036` W a
distance of 250a17 to*t, to a point being the south-
11east corn*r of this tract, said point being the north
line of the 7 s N.O. Railroad Company Tract as recorded
In volume 4S; page 316 of the Deed Records of Chambers
CaYALy, Texas;
THENCE N 51*40.501 W, with the north line of the T 4 K.D.
Railroad Company Tract, • distanct of 1D53.27 fee
=Iron rod in the fence line of the south line of t to an
Antone HYaah =state= the
THENCE N 76•47'41• r, a distance of 726.06 feet to a
point for a corner;
THENCE N 22.24130• W, a distance of 213.39 tees to a
point for a carnet,-
THENCE of 78-30.221 E, a distance of 1134.63 face to
the Point of D*gihning and containing 31-5272 acres,
mace or less.
is
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