CC Resolution No. 1738 60
RESOLUTION NO. 1738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 43.3846 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be
included in a municipal utility district unless the governing body of the municipality gives its
written consent in accordance with Chapter 42 of the Texas Local Government Code and
Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit"A" and incorporated herein for all intents
and purposes, for its written consent to the annexation by Lake Municipal Utility District,
hereinafter referred to as the "District," of 43.3846 acres of land located within the extraterritorial
jurisdiction of the City and more specifically described in Section 1 hereof; and
WHEREAS, the City Council of the City is in support of the proposed annexation of the
43.3846 acres described in Section 1 hereof by the District and herein gives its written consent to
the inclusion of such property in the territory of the District subject to the terms and conditions
stated herein; and
WHEREAS, the District who has requested the City Council's consent has assured the City
that the District is willing to accept such consent based upon the terms and conditions as hereinafter
stated, and that the District, in consideration of the City granting its consent for the creation of the
District have agreed, and by the acceptance of the benefits of this resolution, do hereby agree to
comply with the terms and conditions contained herein;NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the terms and conditions specified in Sections 2 and 3
hereof, the City hereby grants its consent to the inclusion in the District of 43.3846 acres of land
located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section
42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The
land to be included within the District is more particularly described in Exhibit "A" which is
attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land."
Section 2: That the City's consent to the inclusion of the Land in the District is
expressly contingent upon the following:
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any
bonds of the District, the petitioners will have a duplicate original of this
agreement approved, ratified and executed by the governing body and officers of
the District and will deliver or cause to be delivered such executed agreement to
the City Attorney of the City.
61
b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the
District only for the purposes of the purchase, construction, acquisition, repair,
contracting for, extension and improvement of or otherwise acquiring land,
easements, works, improvements, facilities, plants, equipment and appliances
necessary to:
• provide a water supply for municipal uses, domestic uses and commercial
purposes;
• collect, transport, process, dispose of and control all domestic or
communal wastes whether in fluid, solid or composite state;
• gather, conduct, divert and control local storm water or other local
harmful excesses of water in the District and the payment of organization
expenses, operation expenses during construction, interest during
construction, and the cost of issuing bonds; or
• refund bonds issued for the foregoing purposes.
C. Terms of Bonds. The District's bonds shall expressly provide that the District
shall reserve the riht to redeem said bonds on any interest payment date
subsequent to the 15` anniversary of the date of issuance without premium. The
bonds shall be sold only after the taking of public bids therefor. None of the
bonds, other than refunding bonds and bonds sold to a federal or state agency,
shall be sold for less than 95% of par; provided, however, the net effective interest
rate on bonds so sold, taking into account any discount or premium as well as the
interest rate borne by such bonds, shall not exceed two percent above the highest
average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond
Index" during the one-month period next preceding the date notice of the sale of
such bonds is given. Bids for the bonds shall be received not more than 45 days
after notice of sale of the bonds is given. The District's resolution authorizing the
issuance of the District's bonds must contain a provision that the pledge of the
revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the territory of the District, takes over the assets of the District and
assumes all of the obligations of the District.
d. Approval for Annexation by District. No land will be added or annexed to the
District until the City has given its written consent by resolution of the City
Council to such addition or annexation.
e. Approval of Plans and Specifications. The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City, before
the commencement of any construction within the territory of the District, all
plans and specifications for the construction of water, sanitary sewer 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
2
62
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.
f. 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 Growth Management and Development
Advisory Commission of the City of a plat which will be duly recorded in the
Map and Plat records of Harris County, Texas, and otherwise comply with the
rules and regulations of the City. The District will not provide water or sewer
service to any lot unless the plat covering such lot has been approved by the
Growth Management and Development Advisory Commission.
h. Notice Required before Bond Issuance. Before the issuance of any series of
District bonds, the District shall tender to the City Manager written notice of the
contemplated issuance at least thirty days prior thereto, which notice shall include
the amount of the bonds to be authorized, the timing of such issuance, along with
any other information requested by the City Manager.
i. Water and Sewer Rates. The District will use its best efforts to structure its
rates for water and sewer service in the same manner as the City even though
level of rates may vary.
j. Treated Water and Sewer Services. The District intends to and shall enter into
a contract with the Baytown Area Water Authority for the purchase of treated
water services. The route of the water line constructed by the District must be
approved by the City; and, once constructed, the District will convey all rights
title and interest in such line to the City. Pursuant to this Agreement, the District
will agree that no water or sewer service shall be provided to land outside the
3
63
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.
Section 3: In consideration of the City giving its consent for the creation of the
District, the petitioners agree that the following additional conditions and terms will apply to the
land within the District after its creation:
a. General Plan and Land Use. The land within the District will be developed in
accordance with the General Plan to be approved by the City.
b. Annexation At Any Time. At any time, the City may annex that portion of the
District within its Extraterritorial Jurisdiction.
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 25ffi day of August, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
W'%Rj W. SMITH, City Clerk
APPROVED AS TO FORM:
et
ACIO RAMIREZ, SR., Ci ttorney
R:AKarenAFilesVCity Counci1AReao1utions\2005VAugust 28VLakeMUDAnnezation43+acres.doc
4
LAKE MUNICIPAL UTILITY DISTRICT
PETITION TO CITY OF BAYTOWN
FOR ADDITION OF LAND
Whereas, the undersigned president and secretary of the Board of Directors of LAKE
MUNICIPAL UTILITY DISTRICT (the "District"), which is a municipal utility district heretofore
duly created and organized under the authority of Article XVI, Section 59 of the Constitution of the State of
Texas,by Order of the Texas Water Commission on February 27, 1979 and operating pursuant to the provisions
of Chapters 49 and 54, Texas Water Code, as amended, desire to obtain the written consent of the City of
Baytown for the addition to the District of an area of land within the City's extraterritorial jurisdiction
in accordance with Section 54.016,Texas Water Code. Said land is being developed into a subdivision
consisting of approximately 196 residential lots. The estimated cost for providing District services
to said land area is$1,315,000. Said land is described in Exhibit"A"attached hereto and incorporated
herein for all purposes; and
Whereas, Sowell Equities-Highlands, L.P., owner of said land, has acknowledged and
consented to this Petition as evidenced by executing the attached approval and acceptance; and
Whereas,said Section 54.016,provides,in part,that no municipal utility district created under
Chapter 54,Texas Water Code, may add land within the area of the extraterritorial jurisdiction of any
city without the written consent of the city;and the governing body of such city is given sixty(60)days
to refuse or grant permission for the addition of land to the District and said governing body is
permitted an additional six months' time within which to mutually agree with the landowners and
officers of the District concerning the addition thereto within the city's extraterritorial jurisdiction;and
Whereas,the undersigned directors deem it beneficial to said District for the City of Baytown's
personnel to review, study and approve the District's plans and specifications for the installation and
construction of water, sewer and drainage facilities.
EMIT A
Now,therefore,being in all things fully advised, for and in consideration of the premises and
the timely written consent of the City of Baytown for the addition of an area of land to this District as
aforesaid, and in consideration of the benefits derived by said District from the City of Baytown's
engineering assistance in the review, study and approval of the District's utility installation plans
and specifications, as will be evidenced by the passage of a resolution and the acceptance of this
agreement and undertaking by the City Council.
Wherefore,petitioners respectfully pray that this petition be granted in all respects and that the
City of Baytown give its written consent to the addition of the aforesaid land to said District T h e
president or vice president is authorized to execute and the secretary or assistant secretary to attest this
order on behalf of the board and the District.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
z
Dated thisJl.U�P ILO 2005.
LAKE MUNICIPAL UTILITY DISTRICT
By: �� e/2(e
Hilda C. Martinez, President
ATTEST:
By: , —
C tthia Barny, Sec ary
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Before me,the undersigned notary public,on this day personally appeared Hilda C.Martinez,
President of the Board of Directors of Lake Municipal Utility District, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act and deed of said Lake Municipal Utility District, that she was duly authorized to
perform the same by appropriate resolution of the board of directors of said District, and that she
executed the same as the act of such District for the purposes and consideration therein expressed, and
in the capacity therein stated.
Given under my hand and seal of office, this day of J , 201�
Paul D. Bacon N tary Pub is m and for the
Notary Public State of T E X A S
� � ' State of Texas
i^� My Commission Expires
n A* February 20,2007
3
: Approved and accepted:
SOWELL EQUITIES-HIGHLANDS, L.P.
a Texas limited partnership
By: Sowell Highlands, Inc.
a Texas corporation i/ eneral Partner
Bv: /
Name. S Wh
Title:
THE STATE OF TEXAS §
COUNTY OF WlaI §
BEFORE ME, the undersigned authority, on this day personally appeared S L' oWh,
CSI dMt of Sowell Highlands, Inc., a Texas corporation as general partner of S well Equities-
Highlands,L.P., a Texas limited partnership,known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
considerations therein expressed.
GIVEN UNDER MY HAND and seal of office this 15* day of Tu�V
20 DG .
r
ALICIA M. BAUGN Notary Public in and Or
Notary Public,State of Texas
My Commimlon Does The State of Texas
November 10,2005
Printed/Typed Name of Notary
My Commission expires:
4
EXHIBIT "A"
STATE OF TEXAS) TRACT 5
COUNTY OF HARRIS
FIELD NOTES of a 43.3846 acre tract of land situated in the George Ellis Survey, Abstract 21,
Harris County,Texas, and being all of that same land"called"43.384 acres conveyed by Royal D.
Burnside, Jr. to David C. Willingham by Deed dated February 26,2001 and recorded under County
Clerk's File No.U898550 of the Official Public Records of Real Property of Harris County, Texas.
This 43.3846 acre tract of land is more particularly described by the following metes andbounds,
to-wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
NE
REFER TO THE TEXAS STATE
CTU COORDINATE S CENTRALZo
NAD 83. ALLSTANCESARE ACTUAL DISTANCES. SCALE FACTOR= 0.9 2.
REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
BEGINNING at a'/:inch iron rod,with cap stamped"#4980", found in the East right-of-way line
of Garth Road(80 feet wide right-of-way) at the Southwest corner of the residue of a 72.5691 acre
tract of land conveyed by Royal Burnside,Jr.,to Royal Burnside, III under Probated Will No.
330671 dated May 16, 2002, Official Public Records of Real Property of Harris County,Texas.
Said point being the Northwest corner and POINT OF BEGINNING of this tract and having a State
Plane Coordinate Value of Y=13,869,876.10 and X=3,241,134.62.
THENCE: North 7751'47"East (called North 81°03'44"East) along the North line of this tract
and the South line of the residue of said 72.5691 acres for a distance of 2314.82 feet to a'/z inch
0>' found for _____ _
iron rod,with cap stamped '#498,__, _____. r fire Northeast comer of this tract and the Southeast
comer of the residue of said 72.5691 acres. Said point being in the Southernmost West line of that
certain 6.611 acre tract(120 feet wide San Jacinto River Authority Easement tract) as conveyed by
Gift Deed from Royal D. Burnside,Jr. to San Jacinto River Authority dated July 22, 1994 and
recorded under County Clerk's File No. P986695 of the Official Public Records of Real Property of
Harris County, Texas.
THENCE: South 10*54'27"East along the East line of this tract and the Southernmost West line
of said 6.611 acre tract for a distance of 847.34 feet(called South 07042'19"East 847.35 feet) to a
�/z inch iron rod found for the Northeast corner of that certain 6.00 acre tract of land conveyed by
Royal D.Burnside,Jr., et al,to Terry L. &Kay H. McDaniel (Tract 1)by Deed filed October 15,
1993 and recorded under County Clerk's File No. P505805 of the Official Public Records of Real
Property of Harris County,Texas. Said point being the Southeast comer of this tract.
PAGE 2—43.3846 ACRES.
THENCE: South 77146'37"West along the Easternmost South line of this tract,the North line of
said 6.00 acres; the North line of a 4.00 acre tract (Tract 2) conveyed by said Burnside, et a1,to said
McDaniel by Deed filed October 15, 1993 and recorded under County Clerk's File No. P505805;
the North line of that certain 4.18 acre tract conveyed by said Burnside, et al, to Leslie M. &Isalyn
DeSouza by Deed filed May 31, 1995 and recorded under County Clerk's File No. R418323; the
North line of that certain 4.18 acre tract conveyed by said Burnside, et al,to Marco Antonio
Rodriquez, Sr.,by Deed filed May 25, 1995 and recorded under County Clerk's File No. R411583;
the North line of that certain 3.00 acre tract conveyed by said Burnside, et al,to Mohinder Singh by
Deed filed October 28, 1994 and recorded under County Clerk's File No.R123364; the North line
of those two certain 5.00 acre tracts conveyed by Richard H. Clark Estate, et al,to Rhonda F.
Rushing(Tracts 1 and 2)by Deed filed May 16, 2000 and recorded under County Clerk's File No.
U390578; the North line of that certain 3.00 acre tract conveyed by Maurice M. Watts, et al, to
Marshall W. Houston by Deed filed July 31, 2000 and recorded under County Clerk's File No.
U536269;the North line of that certain 5.00 acre tract conveyed by said Burnside, et al, to Daryl
eed filed April 22, 1993 under County Clerk's File
Wayne Fontenot and Bridgette Fontenot by D
No. P 194419, all of the Official Public Records of Real Property of Harris County,Texas; and the
Easternmost North line of a residue tract out of the heretofore mentioned 72.5691 acre tract, for a
distance of 1979.74 feet(called South 80158'36"West 1979.59 feet)to a '/Z inch iron rod,with cap
stamped"#4980", found for the Southernmost Southwest corner of this tract and an interior corner
of said residue tract out of said 72.5691 acres.
THENCE: North 12°45'20"West along the Southernmost West line of this tract and the
Northernmost East line of said residue tract out of said 72.5691 acres, for a distance of 226.60 feet
_ (called North 0995'45"West 226.61 feet)to.a''/:inch iron rod,with_cap,stamped_° t4980",found
for an interior corner of this tract and the Northernmost Northeast comer of said residue tract out of
said 72.5691 acres.
THENCE: South 77°52'05"West along the Westernmost South line of this tract and the
Westernmost North line of said residue tract out of said 72.5691 acres for a distance of 327.93 feet
(called South 81°03'44"West 327.87 feet) to a''/z inch iron rod,with cap stamped"#4980", found
in the East right-of-way line of said Garth Road for the Westernmost Southwest comer of this tract
and the Northwest comer of said residue tract out of said 72.5691 acres.
t•
PAGE 3 —43.3846 ACRES.
THENCE: North 10053'57"West (called in error,North 07°42'00"East) along the Northernmost
West line of this tract and the East right-of-way line of said Garth Road for a distance of 623.65
feet to the PLACE OF BEGINNING and containing within these boundaries 43.3846 acres of land.
SURVEYOR'S CERTIFICATE
I,Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the
foregoing field notes were prepared from an actual survey made on the ground,under my
supervision, in December of 2004 and April of 2005, and that all lines,boundaries and landmarks
are accurately described therein.
WITNESS my hand and seal at Baytown,Texas,this the 27th day of April,A. D., 2005.
- � �ez
Vene Ramsey
stered Professional Land Surveyor No. 4379
04-2658B.fdn.doc
OF
7
4! * m.
437Y?r
aUON
a
STATE OF TEXAS) TRACT 5
COUNTY OF HARRIS
FIELD NOTES of a 43.3846 acre tract of land situated in the George Ellis Survey,Abstract 21,
Harris County,Texas, and being all of that same land"called"43.384 acres conveyed by Royal D.
Burnside, Jr. to David C.Willingham by Deed dated February 26,2001 and recorded under County
Clerk's File No. U898550 of the Official Public Records of Real Property of Harris County,Texas.
This 43.3846 acre tract of land is more particularly described by the following metes and bounds,
to-wit:
NOTE: ALL 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= 0.9998832.
REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
BEGINNING at a ''/z inch iron rod, with cap stamped 11#498011, found in the East right-of-way line
of Garth Road(80 feet wide right-of-way) at the Southwest comer of the residue of a 72.5691 acre
tract of land conveyed by Royal Burnside,Jr., to Royal Burnside,III under Probated Will No.
330671 dated May 16,2002, Official Public Records of Real Property of Harris County,Texas.
Said point being the Northwest comer and POINT OF BEGINNING of this tract and having a State
Plane Coordinate Value of Y=13,869,876.10 and X=3,241,134.62.
THENCE: North 77°51'47"East (called North 81°03'44"East) along the North line of this tract
and the South line of the residue of said 72.5691 acres for a distance of 2314.82 feet to a'/s inch
ron.rod,_with:9ap-stamped,,#4980'' found for the Northeast corner of this tract and the Southeast
comer of the residue of said 72.5691 acres. Said point being in the Southernmost West line of that
certain 6.611 acre tract(120 feet wide San Jacinto River Authority Easement tract) as conveyed by
Gift Deed from Royal D. Burnside,Jr. to San Jacinto River Authority dated July 22, 1994 and
recorded under County Clerk's File No.P986695 of the Official Public Records of Real Property of
Hams County, Texas.
THENCE: South 10'54'27"East along the East line of this tract and the Southernmost West line
of said 6.611 acre tract for a distance of 847.34 feet(called South 07°42'19"East 847.35 feet)to a
inch iron rod found for the Northeast corner of that certain 6.00 acre tract of land conveyed by
Royal D. Burnside,Jr., et al,to Terry L. &Kay H. McDaniel (Tract 1)by Deed filed October 15,
1993 and recorded under County Clerk's File No. P505805 of the Official Public Records of Real
Property of Harris County,Texas. Said point being the Southeast comer of this tract.
PAGE 2—43.3846 ACRES.
THENCE: South 77°46'37"West along the Easternmost South line of this tract, the North line of
said 6.00 acres; the North line of a 4.00 acre tract(Tract 2) conveyed by said Burnside, et al, to said
McDaniel by Deed filed October 15, 1993 and recorded under County Clerk's File No.P505805;
the North line of that certain 4.18 acre tract conveyed by said Burnside, et al, to Leslie M. &Isalyn
DeSouza by Deed filed May 31, 1995 and recorded under County Clerk's File No. R418323; the
North line of that certain 4.18 acre tract conveyed by said Burnside, et al,to Marco Antonio
Rodriquez, Sr.,by Deed filed May 25, 1995 and recorded under County Clerk's File No..R411583;
the North line of that certain 100 acre tract conveyed by said Burnside, et al,to Mohinder Singh by
Deed filed October 28, 1994 and recorded under County Clerk's File No. R123364; the North line
of those two certain 5.00 acre tracts conveyed by Richard H. Clark Estate, et al,to Rhonda F.
Rushing(Tracts 1 and 2)by Deed filed May 16,2000 and recorded under County Clerk's File No.
U390578;the North line of that certain 3.00 acre tract conveyed by Maurice M. Watts, et al,to
Marshall W. Houston by Deed filed July 31,2000 and recorded under County Clerk's File No.
U536269; the North line of that certain 5.00 acre tract conveyed by said Burnside, et al,to Daryl
Wayne Fontenot and Bridgette Fontenot by Deed filed April 22, 1993 under County Clerk's File
No.P 194419, all of the Official Public Records of Real Property of Harris County, Texas; and the
Easternmost North line of a residue tract out of the heretofore mentioned 72.5691 acre tract, for a
distance of 1979.74 feet(called South 80°58'36"West 1979.59 feet)to a''/z inch iron rod,with cap
stamped"94980", found for the Southernmost.Southwest corner of this tract and an interior comer
of said residue tract out of said 72.5691 acres.
THENCE: North 12°45'20"West along the Southernmost West line of this tract and the
Northernmost East line of said residue tract out of said 72.5691 acres, for a distance of 226.60 feet
_(called.North 09°SS'4 "Vyest 22b,61 feed to a'/:inch iron rod with ca stamped"#4980"z found__..._ ,.
for an interior comer of this tract and the Northernmost Northeast comer of said residue tract out of
said 72.5691 acres.
THENCE: South 77°52'05"West along the Westernmost South line of this tract and the
Westernmost North line of said residue tract out of said 72.5691 acres for a distance of 327.93 feet
(called South 81°03'44"West 327.87 feet)to a%z inch iron rod, with cap stamped"#4980", found
in the East right-of-way line of said Garth Road for the Westernmost Southwest corner of this tract
and the Northwest comer of said residue tract out of said 72.5691 acres.
PAGE 3 —43.3846 ACRES.
THENCE: North 10°53'57"West(called in error,North 07°42'00"East) along the Northernmost
West line of this tract and the East right-of-way line of said Garth Road for a distance of 623.65
feet to the PLACE OF BEGINNING and containing within these boundaries 43.3846 acres of land.
SURVEYOR'S CERTIFICATE
I,Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the
foregoing field notes were prepared from an actual survey made on the ground,under my
supervision, in December of 2004 and April of 2005, and that all lines,boundaries and landmarks
are accurately described therein.
WITNESS my hand and seal at Baytown,Texas, this the 27th day of April,A. D., 2005.
eLQJ�
enesrofessional Land Surveyor No. 4379
04-2658B.fdn.doc
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LAKE MUNICIPAL UTILITY DISTRICT
Certificate of Resolution and Incumbency
I, the undersigned secretary of Lake Municipal Utility District, a political subdivision of the State
of Texas, hereby certify that the following schedule correctly shows the directors of said District as of the
date of this certificate:
Hilda C. Martinez
Felix J. Brysch, Jr.
Cynthia M. Bamy
Paul Batenhorst
David Riley
I further certify that the following schedule correctly shows the officers of said District as of the date
of this certificate:
Hilda C. Martinez President
Felix J. Brysch, Jr. Vice President
Cynthia M. Barry Secretary
Paul Batenhorst Assistant Secretary
I further certify that at a duly convened meeting of the Board of Directors held on June 16,2005,the
Board of Directors approved a Petition to the City of Baytown for Addition of Land by unanimous vote,and
authorized the President and Secretary of the Board to execute said Petition on behalf of the District.
To certify which,I have hereunto set my hand and the official seal of said District,this 16th day of
June, 2005.
thia M. Bamy, Secretarr
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Cynthia M. Bamy,
Secretary of the Board of Directors of Lake Municipal Utility District, a political subdivision of the State
of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND and seal of office s 16'h day o une, 2005.
Notary Public in and for
assss� The State of Texas
Paul D. Bacon
+P� Notary Public
� � • State of Texas
lll^^^111 My Commissioo Expires
'�+>Ecr�' February 20. 2007
CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY
THE STATE OF TEXAS §
COUNTY OF DALLAS §
I,the undersigned officer of SOWELL HIGHLANDS,INC.,a Texas corporation,as general partner
of SOWELL EQUITIES-HIGHLANDS, L.P., a Texas limited partnership, hereby certify that
Stephen L. Brown is the President of said corporation,and that in such capacity he
executed the Petition addressed to the CITY OF BAYTO WN from Lake Municipal Utility District,to which
this Certificate is attached, praying for the addition to said District of that certain tract or parcel of land
particularly described in said Petition, reference to which is hereby made for all purposes, and that the
execution of said Petition has been duly authorized, approved, ratified, and confirmed as the act and deed
of said corporation by all necessary actions of the Board of Directors of said corporation in conformity with
the Articles of Incorporation and Bylaws of said corporation.
I do further certify that Stephen L. Brown has the power to execute in the name of said
corporation such contracts, agreements, and instruments as may be required or permitted by law to be
executed by said corporation which are necessary and appropriate, related or appurtenant to the requested
addition of the aforesaid lands.
Witness my hand this I5M day of cuff tl . 20D5
.
SOWELL EQUITIES-HIGHLANDS, L.P.
a Texas limited partnership
By: SOWELL HIGHLANDS, INC.
a Texas corpoti s General Partnera
N I Title: vice ROOM
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Tw1e,
for lios V1 c.0 Pre,siA of Sowell Highlands, Inc., a Texas corporation, as
general partner of Sowell Equities-Highlands,L.P., a Texas limited partnership,known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND and seal of office this 191"- day of
7u1� 20 p5 .
Notary Public inand or
ALICIA M.BAUGH The State of Texas
Notary Public,state of Texas
My ComrnL Expires
November%2005
Printed/Typed Name of Notary
My Commission expires: