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CC Resolution No. 2731 RESOLUTION NO. 2731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 485 ACRES IN THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 321 AND THE BENJAMIN WINFREE SURVEY, ABSTRACT NO. 28, CHAMBERS COUNTY, TEXAS, INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in an improvement district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and Chapter 54 of the Texas Water Code; and WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for its written consent to the annexation by Chambers County Improvement District No. 2, hereinafter referred to as the "District," of 485 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 485 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein; and WHEREAS, the District, who has requested the City Council's consent, has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City granting its consent of the proposed annexation, has agreed, and by the acceptance of the benefits of this resolution does hereby agree to comply with the terms and conditions contained herein;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 485 acres of land located within the extraterritorial jurisdiction,of the City pursuant to the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The land to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." Section 2: That the City's consent to the inclusion of the Land in the District is expressly contingent upon the following: a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will have a duplicate original of this agreement approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered such executed agreement to the City Attorney of the City. b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition, repair, contracting for, extension and improvement of or otherwise acquiring land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: • provide a water supply for municipal uses, domestic uses and commercial purposes; • collect, transport, process, dispose of and control all domestic or communal wastes whether in fluid, solid or composite state; • gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operation expenses during construction, interest during construction, and the cost of issuing bonds; • establish, finance, provide, operate and maintain a fire department and/or fire- fighting services; • Design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including stone drainage, in aid of those roads; • finance, develop and maintain recreational facilities; • promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; • secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District; • to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law; or • refund bonds issued for the foregoing purposes. C. Terms of Bonds. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the 15"' anniversary of the date of issuance without premium. The bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than ninety-five percent (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 (2%) above the highest average interest rate reported by the Daily Bond Buffer in its weekly "20 Bond Index" during the one-month period next preceding the date of notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. To the extent any bonds of the District are secured by a pledge of the revenues from the operation of the District's system, the District's resolution authorizing the issuance of the District's bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will tenninate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors, officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer, drainage, road, recreational and fire-fighting .......... facilities to serve such District and obtain written approval of such plans and specifications from the City Engineer. All water wells, water meters, fire hydrants, flush valves, valves, pipes and appurtenances installed or used within the territory of the District shall conform exactly to the specifications of the City. All water service lines 2 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 (aov plans and specifications. All road, recreational, and fire-fighting facilities installed or used within the territory of the District shall conform to all applicable specifications of the City. Prior to the construction of such facilities within the District's territory, the District or its engineer, shall give written notice by registered or certified mail to the City Engineer, stating the date that such construction will commence. The construction of the District's water, sanitary sewer, drainage, road, recreational, and fire-fighting facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the construction and installation of such facilities, the City Engineer of the City, or his duly authorized representative, shall be entitled to make periodic on-the-ground inspections at any time. As further definition of the terms used in this subsection, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the board of directors of the District to determine what facilities may be constructed, paid for and maintained by the District. f. Employment of Operator. If applicable, the District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality as required in Section 26.0301 of the Texas Water Code. The District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property Platted. The owner or developer of the land included within the limits of the District shall, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty (30) days prior thereto, which notice shall include the amount of the bonds to be authorized, the timing of such issuance, along with any other information requested by the City Manager. i. Water and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in the same manner as the City even though levels of rates may vary. j. Treated Water and Sewer Services. The District has entered into a contract with the City of Baytown for the purchase of (i) treated water services and (ii) wastewater treatment and disposal services. Pursuant to this Agreement, the District has agreed that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. k. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. 3 1. Annexation at Any Time. The enabling legislation for the creation of the District contains provisions that will allow the City(i)to annex all or part of the District, notwithstanding any is provision of Chapter 43, Local Government Code, (ii) that such annexation shall not result in total or partial dissolution of the District or an assumption by the City of any of the District's obligations or indebtedness, and (iii) that annexation of all or part of the District has no effect on the validity of the District and the District shall continue to exist and exercise the powers granted to it by such enabling legislation. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 10"day of June, 2021. BRANDON C TILLO, ayor ATTEST: ANGELA ACKS N, Interim Cit �I k }� 9rF01 APPROVED AS TO FORM: KAREN L. HORNER,City Attorney • R:UCaten HomeilDoeuments\Files\City Counci1\Mo1uliom\2021Vune I0\ChambemCountyMUDAnnexation485Acre intoCCID#2RevisedClmn.dx 4 Exhibit "A" PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 THE STATE OF TEXAS § COUNTY OF CHAMBERS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: AmeriPort, LLC, a Texas limited liability company, NPH Market Street, LLC, a Delaware limited liability company, and APBP Building 1, LLC, a Delaware limited liability company, being the holders of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Chambers County, Texas (collectively, the "Landowners"), and Chambers County Improvement District No. 2 ("District") (Landowners and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, as amended, respectfully petition for consent to include additional land in a special district. In support of this petition, Petitioner shows as follows: " I. The District, to which the land hereinafter described is sought to be annexed,exists under the terms and provisions of Article XVI, Section 59 and Article II1, Sections 52 and 52-a of the Constitution of Texas, Chapter 3872, Texas Special District Local Laws Code, Chapters 49 and 54, Texas Water Code, as amended, and Chapter 375, Texas Local Government Code, as amended, and was created by an Act of the 8111 Texas Legislature. Landowners are the sole owners and holders of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Chambers County, Texas. Landowners represent and warrant that the lienholders consenting to this petition below are the only holders of liens against the land sought to be annexed. II. The land sought to be added to the District is comprised of four tracts of land containing a total of approximately 485.00 acres of land, more or less, which tracts lie wholly within Chambers County, Texas. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq.' as amended, said area is within the extraterritorial jurisdiction of the City of Baytown, Texas, and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit"A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements,works, improvements, facilities, plants,equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; (4) establish, finance, provide, operate and maintain a fire department and/or fire- fighting services ("firefighting facilities") within the District subject to approval of the Texas Commission on Environmental Quality pursuant to its rules and Chapter 49 of the Texas Water Code,as amended; (5) design, acquire, construct and finance macadamized, graveled or paved roads or improvements, including storm drainage, in aid of those roads ("Road Powers") pursuant to applicable law and Article 111, Section 52 of the Texas Constitution; (6) finance,develop and maintain recreational facilities for the people of the District; (7) promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District; (8) secure expanded and improved transportation and pedestrian facilities and systems to benefit land and property within the District;and (9) to provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law. V. The area of the District is urban in nature, is within the growing environs of the City of Baytown, Texas, and is in close proximity to populous and developed sections of Chambers 2 County, Texas. The District's area will, within the immediate future, experience a substantial and sustained industrial and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: (1) The land sought to be added to the District is not supplied.with adequate water and sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer,and drainage facilities for and within the land sought to be added to the District. (2) The present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require such additional facilities as may be necessary to promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare, including, without limitation, recreational facilities, as same are necessary and desirable for the health and well-being of such inhabitants. The land sought to be added to the District does not currently include adequate recreational facilities. (3) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto may require fire-fighting facilities in order to supplement or supplant fire-fighting services otherwise provided by governmental entities other than the District, as fire-fighting services are necessary and desirable for the health and welfare of such inhabitants. (4) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require adequate road facilities, as same are necessary and desirable for the health and welfare of such inhabitants,and for the orderly growth of industrial and commercial development within the area and territories adjacent thereto. Road Powers are of necessity to the land within the District and the land sought to be added to the District as such powers will allow the District to construct, acquire, improve, and provide financing for road facilities that may not otherwise be constructed in a manner that will proactively address safety, capacity, durability, economic feasibility, and regional mobility issues. A public necessity exists for the addition of said lands to the District to promote,develop, encourage and maintain employment, commerce, economic development, and the public welfare in the area within the District and to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the purchase, construction, extension, improvement, maintenance and operation of a water supply and sanitary sewer system, drainage facilities, road facilities, and, subject to the laws of the State of Texas and the rules of the Texas Commission on Environmental Quality, fire-fighting facilities, and such additional facilities, including, without limitation, recreational facilities, as may be necessary and appropriate to accomplish such functions. 3 VI. The Petitioner agrees and hereby covenants that if the requested consent to the annexation of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth in Exhibit"B"attached hereto and incorporated herein for all purposes. VI I. It is now estimated by the Petitioner from such information as is available at this time, that the amount of bonds necessary to be issued to finance development costs contemplated within the area proposed to be annexed will be approximately$16,397,820. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Baytown, Texas, give its consent to the annexation of the aforesaid land into said District. [Remainder of page intentionally left blank.] 4 DATED this the 0 day of Apvril2021, TO BE EFFECTIVE the day of A7flNi 1 , 2021. PETITIONER AmeriPort, L NC, a Texas limited liability company By: 4A� Mi hacl APlank, Manager THE STATE OF TEXAS § COUNTY OF S § This instrument was acknowledged before me on thisa�-day of L , 2021, by Michael J. Plank, Manager of AmeriPort, LLC, a 'Texas limited liability company, on behalf of said entity. eap KELLENE APPEL UIJAISk A9JOS i Notary ID#1247-10986 Notary Public in and for the rNNMy Commission Expires State of'fexas �o„� March 4, 2021 (SEAL) 5 NPH Market Street, LLC, a Delaware imite liability company By: Mic ael J.hank, Manager THE STATE OF TEXAS § n § COUNTY OF �,`u�� § This instrument was acknowledged before me on this day of- - 2021, by Michael J. Plank, Manager of NPH Market Street, LEE, a Delaware limited liability company, on behalf of said entity. a KELLENE APPEL otary Public in and for (SEAL) Notary ID p124740986 the State ofTexas My commission Expires March 4, 2023 • 6 APBP Building 1, LLC, a Delaware limit iability company By: Mi ael J. Plank, Manager THE STATE OF TEXAS § COUNTY OF NWZS § This instrument was acknowledged before me on this+ day of _, 2021, by Michael J. Plank, Manager of APBP Buildings , LLC, a Delaware limite�Iia ity company, on behalf of said entity. Notary Public in and r + °�e, KELLENE APPEL (SEAL) Notary 10#124740986 the State of Texas My commission Expires March 4, 2023 • • 7 CHAMBERSCOUNTYIMPROVEMENT DISTRICT NO.2 By: Js g '/ ' Patsy Wald op President, goard of Directors By: Adr.sr "::.:,ibs Secretary Board of Directors (SEAL) THE STATE OF TEXAS § COUNTY OF HARRIS § ® This instrument was acknowledged before me on this fit day of��r�i( 2021, by Patsy Waldrop, President of Chambers County Improvement District Nt d 2, on behalf of said district. ALANNA BLACK Notary Public in and for the My Notary ID#131430272 State of Texas Expires January 31,2022 (SEAL) s The undersigned, being a holder of liens against a portion of the property described in the foregoing Petition for Consent to Include Additional Land in Chambers County Improvement District No.2, hereby acknowledges and consents to said Petition. THE NORTHERN TRUST COMPANY By: O�) — Name: ay. Sa Attest: By: 1 CAR l t� Name: ItrF1i^ E ! S Title: SEe. h, Vt�. o�cr��wT THE STATE OF TEXAS § • §COUNTY F� § This instrument was acknowledged before me on this day of 2021, bM2e,i t�ii ok gn j�jE?2S,,.F'he Northern Trust Company. 1, �--�I o 'y Public in and for the eS teofTexas (SEAL) KRISTIE K VILLARREAL Notary ID#11656362 My Commission Expires July 25. 2D23 9 • The undersigned, being a holder of liens against it portion of the property described in the foregoing Petition for Consent to Include Additional Land in Chambers County Improvement District No. 2, hereby acknowledges and consents to said Petition. BANCORPSOUTH By: W Na A kAU 1 Title: Mti.k_F Pry:4. - Attest: Name: �r (✓ }� •YI/�VIM Title: TI lE STATE F TEEX�Ap'Sq rr $ COUNTY OF %mac T str t yyltpva pck Ied c or me on this 1� � day of�, 2C by TI, (�1 . �( � 4 Bancorp S, uth, a I Notary Public in and fort tc 0&'o LAURARILEY State of Texas Notary Public,State of Texas (SEAL) My Comm.Exp.07/14/2024 Notary IO 235161.7 10 EXHIBIT "A" WINDROSE LAND SURVEYING I PLATTING TRACT IX-109.86 ACRES A TRACT OR PARCEL CONTAINING 109.86 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 321, CHAMBERS COUNTY, TEXAS, BEING A PORTION OF A CALLED 5.078 ACRE TRACT AND 60.722 ACRE TRACT CONVEYED TO NPH MARKET STREET, LLC IN CHAMBERS COUNTY CLERKS FILE (C.C.C.F.) NO. 2020-153704, AND A PORTION OF A CALLED 61.353 ACRE TRACT CONVEYED TO NPH MARKET STREET, LLC IN C.C.F. NO. 2020-151355, WITH SAID 109.86 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83: BEGINNING AT A POINT ON THE WEST R.O.W LINE OF GRAND PARKWAY (ORIGINALLY STATE HIGHWAY 99) (R.O.W WIDTH VARIES),MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 02 DEG. 46 MIN. 25 SEC. EAST, ALONG THE WEST R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF 85.97 FEET TO AN ANGLE POINT; THENCE,SOUTH 42 DEG. 13 MIN.32 SEC.WEST,A DISTANCE OF 159.86 FEET TO A POINT FOR CURVATURE TO THE LEFT; THENCE, WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 86 DEG. 25 MIN.59 SEC., AN ARC LENGTH OF 603.42 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 37 DEG.22 MIN.25 SEC. WEST-547.81 FEET TO A COMPOUND CURVE TO THE LEFT; THENCE,WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,580.00 FEET,A CENTRAL ANGLE OF 09 DEG. 16 MIN.00 SEC., AN ARC LENGTH OF 417.27 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 10 DEG. 29 MIN.02 SEC. EAST-416.81 FEET TO A POINT OF TANGENCY; THENCE,SOUTH 15 DEG.07 MIN.02 SEC.EAST,A DISTANCE OF 1,397.99 FEET TO A POINT OF CURVATURE TO THE RIGHT; THENCE,WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 930.00 FEET, A CENTRAL ANGLE OF 13 DEG.01 MIN.56 SEC., AN ARC LENGTH OF 211.53 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 08 DEG.36 MIN.04 SEC. EAST-519.95 FEET TO A COMPOUND CURVE TO THE RIGHT; THENCE,WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 425.00 FEET,A CENTRAL ANGLE OF 75 DEG.25 MIN.33 SEC., AN ARC LENGTH OF 559.48 FEET, A CHORD BEARING AND DISTANCE OF SOUTH 35 DEG.37 MIN.40 SEC.-519.95 FEET TO A POINT OF TANGENCY; THENCE,SOUTH 73 DEG.20 MIN.26 SEC.WEST,A DISTANCE OF 1,175.82 FEET TO A POINT FOR CORNER; THENCE, 13 DEG.00 MIN. 14 SEC.WEST,A DISTANCE OF 3,180.58 FEET TO A POINT FOR CORNER; THENCE,NORTH 77 DEG.21 MIN.47 SEC.EAST,A DISTANCE OF 1,671.04 FEET TO AN ANGLE POINT; THENCE,NORTH 87 DEG,20 MIN.05 SEC.EAST,A DISTANCE OF 451.49 FEET TO THE PLACE OF BEGINNING AND CONTAINING 109.86 ACRES OF LAND IN CHAMBERS COUNTY,TEXAS. C�.OF.. a.... .................... . ROBER..KNESS. .............................. '2w 648E; 09/16/2020 ROBERT KNESS v•SUR-j� DATE: R.P.L.S.NO.6486 STATE OF TEXAS SHEET 1 OF 1 WINDROSE LAND SURVEYING I PLATTING TRACT X-1 1.64 ACRES A TRACT OR PARCEL CONTAINING 11.64 ACRES SITUATED IN THE CHAMBER COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 321, CHAMBERS COUNTY, TEXAS, BEING A PORTION OF A CALLED 5.078 ACRE TRACT AND 60.722 ACRE TRACT CONVEYED TO NPH MARKET STREET,LLC IN CHAMBERS COUNTY CLERKS FILE(C.C.C.F.) NO.2020-153704,AND A PORTION OF A CALLED 61.353 ACRE TRACT CONVEYED TO NPH MARKET STREET, LLC IN C.C.F.NO.2020-151355,WITH SAID 11.64 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83: BEGINNING AT A POINT ON THE WEST R.O.W LINE OF GRAND PARKWAY (ORIGINALLY STATE HIGHWAY 99) (R.O.W WIDTH VARIES),MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,SOUTH 88 DEG.01 MIN.48 SEC.WEST,A DISTANCE OF 56.15 FEET TO AN ANGLE POINT; THENCE,SOUTH 73 DEG.20 MIN.26 SEC.WEST,A DISTANCE OF 1,572.79 FEET TO A POINT FOR CORNER; THENCE,NORTH 13 DEG.00 MIN. 14 SEC.WEST,A DISTANCE OF 1.00 FEET TO A POINT FOR CORNER; THENCE,NORTH 73 DEG.20 MIN.26 SEC. EAST,A DISTANCE OF 1183.50 FEET TO A POINT OF CURVATURE TO THE LEFT; THENCE,WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 54.00 FEET,A CENTRAL ANGLE OF 75 DEG.25 MIN.33 SEC.,AN ARC LENGTH OF 717.45 FEET,A CHORD BEARING AND DISTANCE OF NORTH 35 DEG.37 MIN.40 SEC.EAST-666.76 FEET TO A COMPOUND CURVE TO THE LEFT; THENCE,WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, A CENTRAL ANGLE OF 13 DEG.01 MIN. 56 SEC., AN ARC LENGTH OF 238.83 FEET, A CHORD BEARING AND DISTANCE OF NORTH 08 DEG.36 MIN.04 SEC.WEST-238.31 FEET TO A POINT OF TANGENCY; THENCE,NORTH 15 DEG.07 MIN.02 SEC.WEST,A DISTANCE OF 1,397.99 FEET TO A POINT OF CURVATURE TO THE LEFT; THENCE, WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,460.00 FEET, A CENTRAL ANGLE OF 09 DEG. 15 MIN. 58 SEC.,AN ARC LENGTH OF 397.84 FEET, A CHORD BEARING AND DISTANCE OF NORTH 10 DEG.29 MIN.03 SEC.WEST-397.41 FEET TO A COMPOUND CURVE TO THE RIGHT; THENCE,WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 280.00 FEET,A CENTRAL ANGLE OF 84 DEG.51 MIN.49 SEC., AN ARC LENGTH OF 414.72 FEET,A CHORD BEARING AND DISTANCE OF NORTH 36 DEG.35 MIN.20 SEC. EAST-377.84 FEET TO AN ANGLE POINT; THENCE,SOUTH 47 DEG. 46 MIN. 28 SEC. EAST, A DISTANCE OF 151.00 FEET TO A POINT ON THE WEST R.O.W. LINE OF SAID GRAND PARKWAY; SHEET 1 OF 2 THENCE, SOUTH 02 DEG. 46 MIN. 25 SEC. EAST, ALONG THE WEST R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF 517.93 FEET TO AN ANGLE POINT; THENCE,SOUTH 06 DEG. 19 MIN.26 SEC. EAST, CONTINUING ALONG SAID WEST R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF 807.61 FEET TO ANGLE POINT; THENCE, SOUTH 02 DEG. 46 MIN.28 SEC. EAST, CONTINUING ALONG SAID WETS R.O.W. LINE OF SAID GRAND PARKWAY, A DISTANCE OF 1,288.80 FEET TO THE PLACE OF BEGINNING AND CONTAINING 11.64 ACRES OF LAND IN CHAMBERS COUNTY, TEXAS. 1t 'N 09/16/2020 ROBERT KNESS ROBERT KNESS """"""""""""" DATE: R.P.L.S.NO.6486 6486 a�,.•� REV:02/01/2021 STATE OF TEXAS '9 ppESS\d SUFt�1 SHEET 2 OF 2 WINDROSE LAND SURVEYING I PLATTING TRACT XI-191.60 ACRES A TRACT OR PARCEL CONTAINING 191.60 ACRES OR 8,345,748 SQUARE FEET OF LAND, SITUATED IN THE BENJAMIN WINFREE SURVEY, ABSTRACT NO. 28, CHAMBERS COUNTY, TEXAS, BEING ALL OF A CALLED 191.541 ACRE TRACT CONVEYED TYO AMERIPORT, LLC IN THAT CERTAIN WARRANTY DEED FILED FOR RECORD UNDER CHAMBERS COUNTY CLERKS FILE (C.C.C.F.) NO. 2018134001, WITH SAID 191.60 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83): BEGINNING AT CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND AT THE NORTH END OF A CUTBACK CORNER AT THE INTERSECTION OF THE SOUTHEAST RIGHT OF WAY (R.O.W.) LINE OF F.M.565, WIDTH VARIES, AS RECORDED UNDER VOLUME (VOL.) 121, PAGE (PG.) 151 & PG. 214 OF THE CHAMBERS COUNTY DEED RECORDS (C.C.D.R.), AND VOL. 978, PG.325,C.C.D.R., AND THE NORTHEAST R.O.W. LINE OF F.M. 2354, 120 FOOT R.O.W., AS RECORDED UNDER VOL. 191, PG.542,C.C.D.R.; THENCE, NORTH 50 DEG. 17 MIN.52 SEC. EAST, ALONG THE SOUTHEAST R.O.W. LINE OF SAID F.M.565,A DISTANCE OF 1,842.85 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 50 DEG. 13 MIN.52 SEC. EAST, CONTINUING ALONG THE SOUTHEAST R.O.W. LINE OF SAID F.M.565, A DISTANCE OF 1,471.18 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE NORTH CORNER OF THE HEREIN DESCRIBED TRACT,FROM WHICH A 5/8 INCH IRON PIPE BEARS FOR REFERENCE NORTH 43 DEG. 16 MIN. WEST, 1.2 FEET; THENCE, SOUTH 39 DEG.41 MIN.39 SEC. EAST, ALONG THE SOUTHWEST LINE OF TIFFANY ACRES SUBDIVISION,SECTION 2, AS RECORDED UNDER VOL. A, PG. 243, OF THE CHAMBERS COUNTY MAP RECORDS, AND OF A CALLED 21.000 ACRE TRACT OF LAND CONVEYED TO DAVID MICHAEL McADAMS AND JODIE L McADAMS, AS RECORDED UNDER C.C.C.F. NO. 200310224, A DISTANCE OF 2,744.85 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND ON THE WEST LINE OF A CALLED 2.000 ACRE TRACT OF LAND CONVEYED TO NORBERTO PAGAN AND DELIA PAGAN, AS RECORDED UNDER VOL.236, PG.460,C.C.D.R., FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE,SOUTH 02 DEG.45 MIN.28 SEC.EAST, ALONG THE WEST LINE OF SAID CALLED 2.000 ACRE TRACT, PASSING AT A DISTANCE OF 40.54 FEET THE NORTHWEST CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO VALENTIN GARCIA AND HILDA A. GARCIA, AS RECORDED UNDER VOL. 236, PG. 474, C.C.D.R., AT 127.58 FEET THE NORTHWEST CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO WYMAN TOD STEPHENS, AS RECORDED UNDER C.C.C.F. NO. 201058364, AT 243.28 FEET THE NORTHWEST CORNER OF A CALLED 2.00 ACRE TRACT CONVEYED TO GRACIELA RENTERIA, AS RECORDED UNDER C.C.C.F. NO. 201 71 2791 2, AT 522.36 THE NORTHWEST CORNER OF A CALLED 1.9912 ACRE TRACT CONVEYED TO DENNIS RAY FETING, AS RECORDED UNDER C.C.C.F. NO. 19913177, AND CONTINUING FOR A TOTAL DISTANCE OF 637.48 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR THE NORTHEAST CORNER OF A CALLED 7.965 ACRE TRACT CONVEYED TO NEQ INVESTMENTS, LLC, AS RECORDED UNDER C.C.C.F. NO.200725110,AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 48 MIN. 29 SEC. WEST, ALONG THE NORTH LINE OF SAID CALLED 7.965 ACRE TRACT, A DISTANCE OF 1,085.42 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR THE NORTHWEST CORNER OF SAID CALLED 7.965 ACRE TRACT,AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; SHEET 1 OF 2 THENCE, SOUTH 03 DEG. 11 MIN. 30 SEC. EAST, ALONG THE WEST LINE OF SAID CALLED 7.965 ACRE TRACT, A DISTANCE OF 320.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "5206" FOUND FOR THE SOUTHWEST CORNER OF SAID CALLED 7.965 ACRE TRACT, THE NORTHWEST CORNER OF A CALLED 8.6936 ACRE TRACT CONVEYED TO ALBERT NEEL NELSON III,AS RECORDED UNDER C.C.C.F. NO.2019141127,THE NORTHEAST CORNER OF A CALLED 8.66 ACRE TRACT CONVEYED TO NEQ INVESTMENTS, LLC, AS RECORDED UNDER C.C.C.F. NO. 200731212, AND THE MOST SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,SOUTH 86 DEG. 48 MIN. 29 SEC. WEST, ALONG THE NORTH LINE OF SAID CALLED 8.66 ACRE TRACT, PASSING AT A DISTANCE OF 1,150.00 FEET THE NORTHEAST CORNER OF A CALLED 1.9973 ACRE TRACT CONVEYED TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, AS RECORDED UNDER VOL.307, PG. 642, C.C.D.R., AT 1,585.15 FEET THE NORTHEAST CORNER OF A CALLED 2.1681 ACRE TRACT CONVEYED TO DAVID AND DONNA SCHAFFER, AS RECORDED UNDER VOL. 27, PG. 509, C.C.D.R., AT 2,057.67 FEET THE NORTHEAST CORNER OF A CALLED 1.228 ACRE TRACT CONVEYED TO JOHLAND INVESTMENTS LLC, AS RECORDED UNDER C.C.C.F. NO. 2016117950, AND CONTINUING FOR A TOTAL DISTANCE OF 2,389.43 FEET (CALLED 2,389.16 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354 FOR THE NORTHWEST CORNER OF SAID CALLED 1.228 ACRE TRACT, AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG THE NORTHEAST R.O.W. LINE OF SAID F.M.2354, WITH A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 5,789.58 FEET (CALLED 5,729.58 FEET), A CENTRAL ANGLE OF 04 DEG. 49 MIN.22 SEC. (CALLED 04 DEG. 51 MIN.24 SEC.), AN ARC LENGTH OF 487.31 FEET (CALLED 485.66 FEET), AND A CHORD BEARING AND DISTANCE OF NORTH 37 DEG.57 MIN.05 SEC. WEST, 485.51 FEET (CALLED NORTH 37 DEG.33 MIN.03 SEC. WEST, 485.51 FEET) TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR A POINT OF TANGENCY; THENCE, NORTH 40 DEG. 38 MIN. 16 SEC. WEST(CALLED NORTH 40 DEG.21 MIN.46 SEC. WEST),CONTINUING ALONG THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354, PASSING AT A DISTANCE OF 846.53 FEET A CONCRETE MONUMENT FOUND, AT 849.52 AN IRON ROD WITH ALUMINUM CAP STAMPED "H 1205", AND CONTINUING FOR A TOTAL DISTANCE OF 857.53 FEET (CALLED 856.70 FEET) TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE SOUTH END OF AFORESAID CUTBACK CORNER AT THE INTERSECTION OF THE NORTHEAST R.O.W. LINE OF SAID F.M. 2354 AND THE SOUTHEAST R.O.W. LINE OF SAID F.M. 565, FROM WHICH A 5/8 INCH IRON ROD STAMPED "5206" FOUND BEARS FOR REFERENCE SOUTH 12 DEG. 16 MIN, 1.2 FEET; THENCE, NORTH 13 DEG.53 MIN. 15 SEC. WEST, ALONG SAID CUTBACK, A DISTANCE OF 109.77 FEET (CALLED 111.07 FEET) TO THE POINT OF BEGINNING AND CONTAINING 191.6 ACRES OR 8,345,748 SQUARE FEET OF LAND �E. OF T.O F "2�w ,.,;;..,,,,......,,,,...;,P, 09/16/2020 ROBERT KNESS ROBERT KNESS "'7""""""""""""" DATE: R.P.L.S.NO.6486 6486 -Q STATE OF TEXAS 9 OFESS\0 -*a �SlJft�1� SHEET 2 OF 2 WINDROSE LAND SURVEYING I PLATTING TRACT XII-171.90 ACRES A TRACT OR PARCEL CONTAINING 171.900 ACRES OR 7,487,976 SQUARE FEET OF LAND, SITUATED IN THE BENJAMIN WINFREE SURVEY,ABSTRACT NO.28,CHAMBERS COUNTY,TEXAS, BEING ALL OF A CALLED 171.900 ACRE TRACT OF LAND CONVEYED TO AMERIPORT, LLC IN THAT CERTAIN EWARRANTY DEED FILE FOR RECORD UNDER CAMBERS COUNTY CLERK'S FILE (C.C.C.F.) NO.2018134001,WITH SAID 171.90 ACRE TRACT EBING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARING BEING BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83; BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET ON THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY (R.O.W.) LINE OF NEEDLEPOINT ROAD (R.O.W. VARIES) AND THE NORTHWESTERLY R.O.W. LINE OF F.M. 565 (R.O.W. VARIES) AS RECORDED UNDER VOL. 121, PG. 151 AND 214, CHAMBERS COUNTY DEED RECORDS (C.C.D.R.) AND VOL.978,PG.325,C.C.D.R.FOR THE SOUTHWEST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 28 DEG. 59 MIN. 14 SEC. WEST, ALONG THE NORTHEASTERLY R.O.W. LINE OF NEEDLEPOINT ROAD, A DISTANCE OF 214.63 FEET TO 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT; THENCE, NORTH 08 DEG.03 MIN. 08 SEC. WEST, ALONG A CUTBACK, A DISTANCE OF 169.59 FEET TO A TXDOT MONUMENT FOUND ON THE SOUTHWESTERLY LINE OF GRAND PARKWAY (S.H. 99) (R.O.W. VARIES) MARKING A NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,ALONG THE SOUTHEASTERLY R.O.W. LINE OF GRAND PARKWAY (S.H.99),THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTH 16 DEG.55 MIN.00 SEC.EAST,A DISTANCE OF 766.59 FEET TO A TXDOT MONUMENT FOUND FOR A POINT OF CURVATURE TO THE LEFT; WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 2,000.00 FEET, A CENTRAL ANGLE OF 19 DEG.28 MIN.27 SEC., AN ARC LENGTH OF 679.78 FEET, A CHORD BEARING AND DISTANCE OF NORTH 07 DEG. 10 MIN. 46 SEC. EAST- 676.51 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE"SET FOR A POINT OF TANGENCY; NORTH 02 DEG. 33 MIN.28 SEC. WEST, A DISTANCE OF 1,718.97 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR A POINT OF CURVATURE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 6,888.29 FEET, A CENTRAL ANGLE OF 10 DEG. 02 MIN. 11 SEC., AN ARC LENGTH OF 1,205.07 FEET, A CHORD BEARING AND DISTANCE OF NORTH 02 DEG. 27 MIN. 38 SEC. EAST - 1,205.07 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING THE SOUTHWEST CORNER OF A CALLED 7.87 ACRES (TRACT 11) CONVEYED TO BAT HAWK INVESTMENTS GROUP,LP.AS C.C.C.F.NO. 2018138299,THE NORTHWEST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT; THENCE,NORTH 87 DEG.39 MIN.30 SEC.EAST,ALONG THE COMMON LINE OF SAID 7.87 ACRES AND SAID 171.900 ACRES,A DISTANCE OF 1,824.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING THE NORTHWEST CORNER OF CALLED 43.23 ACRES CONVEYED TO GUY PFITZNER AS RECORDED UNDER VOL. 1573, PG. 416, C.C.D.R., THE NORTHEAST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT FROM WHICH A CAPPED 5/8 INCH IRON ROD STAMPED "COTTON" FOUND BEARS FOR REFERENCE SOUTH 80 DEG, 27 MIN. 12 SEC. WEST, A DISTANCE OF 0.59 FEET; SHEET 1 OF 2 THENCE,SOUTH 02 DEG.47 MIN.36 SEC. EAST,ALONG THE COMMON LINE OF SAID 43.23 ACRES AND SAID 171.900 ACRES, A DISTANCE OF 2,995.19 FEET TO A CAPPED 5/81NCH IRON ROD STAMPED"WINDROSE"SET ON THE NORTHWESTERLY R.O.W. LINE OF SAID F.M.565,FOR THE SOUTHWEST CORNER OF SAID 43.23 ACRES,THE SOUTHEAST CORNER OF SAID 171.900 ACRES AND OF THE HEREIN DESCRIBED TRACT; THENCE,SOUTH 50 DEG. 13 MIN.52 SEC.WEST, ALONG THE NORTHWESTERLY R.O.W. LINE OF SAID F.M.565, A DISTANCE OF 856.17 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"5206"FOUND MARKING AN ANGLE POINT; THENCE,SOUTH 50 DEG. 17 MIN.52 SEC. WEST,CONTINUING ALONG THE NORTHWESTERLY R.O.W. LINE OF SAID F.M.565, A DISTANCE OF 1,904.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 171.900 ACRES OR 7,487,976 SQUARE FEET OF LAND. ,2�wPO FTF f .`:�G S1T R :9 �� 7t ��'N 09/16/2020 ........................... ROBERT KNESS ROBERTKNESS "';';o"'�$S""�:"' DATE: R.P.L.S. NO.6486 ��-G STATE OF TEXAS y �PESS� y� �O suR� SHEET 2 OF 2 -)MIT VI - CONDITIONS TO CONSENT TO CREATION OF CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 i i IL Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the ' District,the petitioners will cause a duplicate original of these conditions to be approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered the executed agreement to the City Attorney of the City by which such approval and um0fication is evidenced. ! b, Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisfdon,.rcpair,contracting for, extension and improvement of or otherwise acquiring land, easements, works, Improvements,facilities,plants,equipment and appliances necessary to: ; i • 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 to Quid,solid or composite state; i • gather,conduct,divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses,operation expenses during construction,interest during construction,and the cost of issuing bonds; • establish,finance,provide,operate and maintain a fire department andlor firefighting services; • design, acquire, construct and finance macadami � xed, graveled or paved roads or Improvements,including storm drainage,in aid of those roads; • •financo,develop and maintain recreational facilities; • promote, develop, encourage and rnalntain employment, commerce, economic development,and the public welfare In the area within the District;' • secure expanded and improved transportation and pedestrian facifitlas and systems to benefit land and property within the District; ' • to provide such other facilities,systems,plants and enterprises as shall be consonant with the purposes for which the District Is created and permitted under state law; .or • refund bonds issued for the foregoing purposes. g g p rR • C. 'terms of Bonds. Tha District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any Interest payment date subsequent to the 151, anniversary of the date.of Issuance without premium. The bonds, other than refunding bonds and bonds sold to a federal or state agency,shall be sold only after the taking of public bids therefor.None of the bonds,other than reMnding bonds and bonds sold to a federal or state agency,shall be sold for legs than 95%ofpar;provided,however, the net effective Interest rain 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 Buver in its weekly "20 Bond Index"during the one-month period ream 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 orthe bonds is given. To the extent any bonds of the District are secured by a pledge _ of the revenues from the operation of the District's system,the resolution authorizing the issuance of such bonds must contain a provision that the pledge of tho revenues from the operation of the District's water and setvar and/or drainage system to the payment of such bonds will terminate when and if the City annexes the territory of the District,takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District, No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition orannexation. e, Approval of Plans and Specifications. The District,its directors,.officers or developers and landowmers shall submit to the City Engineer of the City,before the commencement of any construction within the territory of the District,all.plans and specifications for the construction of water, sanitary sewer, drainage, road, recreational and fire-Bghdng facilities to serve such District and obtain written approval of such plans and I 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 specif icatlons of the City. All water service lines and sewer service lines,lift stations,sewer treatment faclUties,and appurtenances thereto, installed or used within the territory of the District shall comply with the City's standard plans and specifications, All road, rrcreational and fire-fighting facilities installed or used within the territory of the District shall conform to all-applicable specifications of the City. Prior to the construction of such facilities within the District's territory, the District or its engineer,shall give written notice by registered or certified mail to the City Engineer,stating the date that such construction will commence. The constmcdon of the District's water, sanitary sewer, drainage, road, recreational and fire-fighting faciUties shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City. During the progress of the constmetion and installation of such facilities, the City Engineer of the City, or Ws 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 playas 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 arc 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 Qperstot•, if applicable,the District must employ an operator holding a valid certificate of competency issued wider the direction of the Texas Commission on Environmental Quality as required In Section 26.0301 of the Texas Water Code. Tho District shall allow representatives of the City to supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. g. Subdivlslons to be Property Platted. The owner or developer of the land included within the ifmits of the District shall.prior to the sale of any lot or parcel of land,obtain the approval of the Planning and Zoning Commission of tho City of a plat which will be ' 2, . I duly recorded in the Map and Plat records of Chambers County, Texas, and otherwise comply with the rules and regulations of the City.The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Bcfore the issuance of any series of District bonds, the District shell 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. 1. 'dater and Sewer Rates. The District will use its best efforts to structure its rates for water and sewer service in [fie same manner as the City even though level of rates may vary. . J. Treated Water and Sewer Services. The District currently intends to enter into a contract with the City of Baytown for the purchase of treated water services,subject to mutual agreement as to terms and conditions therefor. The District currently intends to enter Into a contract with the City of Baytown for the purchase of wastewater treatment and disposal services, subject to mutual agreement as to terms and conditions therefor. Any such agreements shall provide that the District agrees that no water or sewer service shall be provided to land outside the boundaries of the District without the prior written approval of the City Council of the City. k► General Plan and Land Use. The land within the District will be developed in accordance with the General Plan to be approved by the City. 1, Annexation At Any Time. The enabling legislation for the creation of the District shall contain•provisions that will allow the City (i) to annex all or part of tho District, notwithstanding any provision of Chapter 43, Local Government Code, (11) that such annexation shall not result in total or partial dissolution.of the District or an assumption by the City of any of the Disirict'sobligadons or Indebtedness,and(iii)that annexation of all or pan of the District has no effect on the validity of the District and the District shall continue to exist and exercise the powers gmted to it by such enabling legislation, 2M79J 3 NORTH fit.a7 ° PROJECT LEER TAMA ° f STE lot I Selma Imle,411 a-I lIwr W4 1801.. 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'••tr,law srpp•Mf KT•gr%..I ` I ww•a•a..sf.•?C w lot w.•n.e,.�.••••IYD••7` 1 �•tp tva.itar..o..+l Want rc..a.l owN ' M'••C•M..7 ow S r K IOST/•Mf.lyt w 1LilP0 � NOe.sr0 rnwes.eD•1liOwOa..N f tee•ltrr0 K le.t w .+ f f^1 � � e.t s w.1.r,.tra wp•.e rw v vest+n_e.r v 11/ 1 � • s'•R v•Iw POLITICAL OOUNOARY LAP OETrtlRAL NOTES OF CHAMBERS COUNTY w> 't':` -w '"�`p IMPROVEMENT DISTRICT NO.2 ` td tame.w 0i �••�r wr�mF�•sw�rrf•w'a r OEIMG 1t TRACTS TOTALING t "`"'•"' '•�'�"" Ku $L'�trl'i DISTRICTCALCLAJITIONS 1,380.37ACRES K iR."tilSs'a.S3C"-"�1 v `"'shy E)OSTING OLSMcT RI1 PORTER SURVEY.O IN THE T il0 M THE rlwa., •w•ea •.[O•rw swat 717t..v v w1•s1.ICra oan.r.re 1•yNp tract r .,.ftAWi O L WIPORT SURVEY.A53TP ACCT ILO.ZM TILE .et w fw.MK wrl.e.r TRACT° •it 64AW43 uNjA&N wponEE SVRVBY.ABSTRACT NO.26 AND TILE MAC?13•6636TACUS CN AWSERS COUNTY SCHOOL LAND SURVEY.ABSTRACT NO.321 VRAM ry.311i1 ACRLS CHAWERS COUNTY.TEAMS IRACIY •SUDIACRU MCI h.66t Aa93 APRs 2020 owletw.maAC S 9UR"TOIT3 C9WT>FWAT8 fR^CT I..MOMS tgAet a•I I IM CIMS .Me.- .t71 00 l.wn9ft^taro 0=04 M•en tt•t•• 1TIAeT I< •1/M AptEs rat f.6 w at.9p•Cf tl>00.s•'7let+t RKWS v K o••lf.s rRAct 0.11140 AC ltn tptww ea.aae•l wa'I a 1 `'Qr fW r ACT AA•I It W ACOWS ='°�`% t.'".3'ACM3-TOTAL ACaMX W I N D R OS E Rxvmxm LANDSVIVETING T/LAmNG / o I.l.ltw orar sole" .•wwO.n ors l lntlAta. l AM.1.rM 1 ri �r.y� .r)�I.rltft4,wlwA 1�Os6"0\ LOIs rM/Rw r l• 1 •YA e i/CKwser' l'iooOMfIR•s+iglY��sw./sMerlosnsor .��! �f.•.er rl� t I•l/ • t ♦ ='o'r='•wwvfivor vi.nee:�v�.Ow«rtyrr..as•.'�ws +w.e.a.�rr.w r..a•••a..wf.�wwe......� W/st/2CT1/! A•C+s'�L S Ap D fI tam w t?tptm rR wl Ars Alp nft1.•w•e. f >vew 6� r tall 6tltra0 spe jiwavedL t w s ,a Luo N R t 41 O LL �. ' ' m ZW o„ Z„j4 �Is�E �ci a Syr ��;� sui > 1" ! 00 Ix a tf a r s Yi�ir s MATCHLINE (SEE SHEET 4) c_a s s=�a Q r<.�a s��a s+'..Sm o v 5:s.--i a s s�o a c�Q•IP�o o.�a a a c-,:s o o t-ra�i a►.:-�o a r:.a a n a:ti�a s cr_� l I D:ce 11 a tb' i { P V lie II _ V(•' Iwl 1 L d 1{1{ •1_�'u a1 b ice ' � � ils ad A.; .{ ,"` �l O ,Mot;,� st„n _ 1 Q� �� 8 S['6S4L 3.It.ICLO S ° N• � t� 5bi 1 a Yi Prr 5 ( Q u S (MOW(tf�� ............. .t -0OI)AY=dl dlb)rytr 1 , r / ty pp ` 11 4! 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CC k4 R. NORTH SCALE• r -OW •�,`` \'� \` %0 V \�` \ \TRACT )a(TO BE AWXED S 13Sr16 E �., y�' \\\� • ` \ \ \� \ \` s a6ia'20•w 1.oes.4z. ACRES `� CANED WN5 o.. LLC �c.F.NO.z200 25110 \ ` \ S 86.46ftr w 2.389.4rCALLED\ 6936 ACRES NE IO NVES�68 ACRES CALLED 6TMENTS.U C A, T KM KFISON 91 C.C-C.F.N0.200731212 C.C.C.F.NO.2019141127 CALLED 1.9973 ACRES GENERAL Tp,EPHOKE COMPANY OF Dm VOL 307. C4Z•C.C.O.R. GENERAL NOTES I. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND WOULD BE SUBJECT TO ALL ENCUMBRANCES THAT A CURRENT COMM17MENT WOULD DISCLOSE 2 BEARINGS ZONE.THE TEXAS 19993. STATE PLANE COORDINATE EXHIBIT OF 3. THIS MAP AND THE LEGAL DESCRIPTIONS ATTACHED ARE A COMPILATION 191.60 ACRES (TRACT XI) 663.2211.5 EXISTING NOES NOT�REFLETS CT THE RESULPTS, PREPARED ANON THE GROUND SITUATED IN THE SURVEY. AND IS NOT TO BE USED TO CONVEY QI ESTABLISH INTERESTS CHAMBERS COUNTY SCHOOL IN REAL PROPERTY EXCEPT THOSE RIGHTS EMPUIE� OR ESTABLISHED BYY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. LAND SURVEY, A-321 4. PREPARmAALONGWIITTH NDS THIS PIOU Cl BOUNDARY MA OF THIS P. BOUNDARY WAS CHAMBERS COUNTY, TEXAS FIELDED BY: - DATE: 10-15-20 •DRAWN BY: RK REV: CHECKED BY: MC REV. W I N D ROS E LAND SURVEYING I PLATTING .HOB NO. 46137-ANNEX XI REV: 11111 RICHMOND AVE.STE ISO I HOUSTON,TX 77082 1 713.458.2281 SHEET t OF 3 REV: • FIRM REGISTRATION NO.10108800 1 WINDROSESERVICES.COM (-Ago r 7�.071ACRES 9AT HAWK RNUM NTS GROUP.LP Cz c r.NO.eD10188898 N 87n9'3W E 1.824A W NORTH X\ \` scA�. r- sea ' '• '• \ •``''.:\ ,' •� •\ I \ I 1 .-TRACT X®. ^pp \\ 171.90 ACRES O \ \\ (M BE AN?M=) m \ \ \,X \ GENERAL NOTES e�•19�6'2r \\ \; \ \\ 3 1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. Cs679.arla'46`W.\ THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF / \ ''•C-676.51' A CURRENT TITLE COMMITMENT AND WOULD BE SUBJECT TO ALL ENCUMBRANCES THAT COMMITMENT WOULD DISCLOSE. A CURRENT b. .\ \ \\ ?tea 2. BEARINGS WERE BASED ON THE TEXAS STATE PLANE �► \\\.` \ '\\ \.\�\ 'COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 1983. \•\ \' 3. THIS MAP AND THE LEGAL DESCRIPTIONS ATTACHED ARE A COMPILATION OF EXISTING DOCUMENTS AND S \ R.O.W. MAPS. PREPARED UNDER 22 TAC 663.21. DOES `• 4 4 EXHIBIT OF NOT REFLECT THE RESULTS OF AN ON THE GROUND \\ \• \ yti SURVEY. AND IS NOT TO BE USED TO CONVEY OR `\ \ \ � 171.90 ACRES (TRACT XII) ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT 169` •�''. y SITUATED I N THE THOSE RIGHTS IMPLIED OR ESTABLISHED BY THE �''` \ A \ CREATION OR RECONFIGURATION OF THE BOUNDARY OF ` PREPARED. CHAMBERS sueDlwsloN FOR WHICH IT WAS CHAMBERS COUNTY SCHOOL 4. A METES AND BOUNDS DESCRIPTION OF THIS POLITICAL \ LAND SURVEY, A-321 BOUNDARY WAS PREPARED ALONG WITH THIS POLITICAL BOUNDARY MAP. CHAMBERS COUNTY, TEXAS FIELDED BY: - DATE: 10-15.20 DRAWN BY: RK REV: • CHECKED BY: MC REV: ' ` W IN DROS E LAND SURVEYING I PLATTING JOB NO. 46137-ANNEX XII REV: 11111 RICHMOND AVE.STE 150 1 HOUSTON,TX 77082 1 713.458.2281 SHEET 1 OF 3 REV: FIRM REGISTRATION NO.10108800 1 WIND ROSESERVICES.COM