CC Resolution No. 2747 RESOLUTION NO. 2747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 0.9414 ACRES
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
BAYTOWN INTO SPRING MEADOWS 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 Spring Meadows Municipal Utility District,
hereinafter referred to as the "District," of 0.9414 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
0.9414 acres described in Section I 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,which 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, 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 0.9414 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,
casements, 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 right to redeem said bonds on any interest payment date subsequent to
the l01h anniversary of the date of issuance without premium. Tile 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.
C. Approval of Plans and Specifications. The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City,before the
commencement of any construction within the territory of the District, all plans and
specifications for the construction of water, sanitary sewer and drainage facilities
to serve such District and obtain written approval of such plans and specifications
from the City Engineer. All water wells, water meters, fire hydrants, flush valves,
valves,pipes and appurtenances installed or used within the territory of the District
shall conform exactly to the specifications of the City. All water service lines and
sewer service lines, lift stations, sewer treatment facilities, and appurtenances
thereto, installed or used within the territory of the District shall comply with the
City's standard plans and specifications. Prior to the construction of such facilities
2
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 Planning and Zoning 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 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 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 the level
of rates may vary.
j. Treated Water and Sewer Services. The District intends to and shall enter into a
contract with the City of Baytown for the purchase of treated water services.
Pursuant to this Agreement, the District will agree that no water or sewer service
shall be provided to land outside the boundaries of the District without the prior
written approval of the City Council of the City. Additionally, the District shall not
construct sewage treatment plant facilities without the prior approval of the City
Council of the City. Nothing contained herein shall be construed as to require the
City to provide sanitary sewer services to the District.
3
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
conjunction with the neighboring hotel property.
b. Annexation at Any Time. At any time, the City may annex that portion of the
District within its extraterritorial jurisdiction, subject to the resulting strategic
partnership agreement entered into by the parties as contemplated in section 3.c of
this resolution.
C. Strategic Partnership Agreement. The City and the District shall enter into a
strategic partnership agreement wherein the property subject to this resolution and
other District property shall be annexed for limited purposes.
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 91h day of September, 2021.
NDON CAPETILLO,Ma or
ATTEST:
ti���epYTOW4,
T�`L
0."N
— S
ANGELA J KSON,Interi •a C
y
9rF OF,��+P
APPROVED AS TO FORM:
KAPEN L. HORNER, City Attorney
R\Karen Homer\DoeumentsTi1es\City Council\Re Itmons\202I\September 9\SpringMcadowsMUD.docx
4
Exhibit "A"
IL
SPRING MEADOWS MUNICIPAL UTILITY DISTRICT
PETITION FOR CONSENT TO ANNEX LAND
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN:
SPRING MEADOWS MUNICIPAL UTILITY DISTRICT(the"District"),and ArchPoint
Ventures, LLC, a Texas limited liability company ("Landowner") (Landowner and District
hereinafter called "Petitioners"),acting pursuant to the provisions of Section 54.016,Texas Water
Code,respectfully petition for consent to include additional land in a municipal utility district. In
support of this petition, Petitioners would show 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 of the Constitution of Texas and Chapters 49
and 54,Texas Water Code,as amended, and was created by House Bill No. 952, Acts of the 760'
Legislature of the State of Texas,Regular Session,effective May 6, 1999.
II.
Landowner is the sole owner and holder of fee simple title to the land sought to be annexed
to the District. Landowner represents and warrants that there are no outstanding liens of record
affecting the land sought to be added.
III.
The land sought to be added to the District contains approximately 0.9414 acres of land,
more or less,and lies wholly within Harris County,Texas. No part of said area is within the limits
of any incorporated city or town. Under the provisions of the Texas Local Government Code,
Section 42.001 et seg., as amended, said area is within the extraterritorial jurisdiction of the City
of Baytown and is not within such jurisdiction of any other city. All of the territory to be annexed
may properly be annexed to the District.
IV.
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.
V.
The general nature of the work proposed to be done in the area sought to be annexed shall
l
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, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial or
communal wastes whether in fluid,solid or composite state; and
(3) gather, conduct, divert and control local storm water or other harmful excesses of
water in the area.
VI.
There is a necessity for the improvements described above. The area of the District is
urban in nature, is within the growing environs of Baytown, Texas, and is in close proximity to a
populous and developed section of Harris County. The land sought to be added to the District is
not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it
presently economically feasible for such facilities to be provided to the 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 an adequate
water supply and sewage disposal system and an adequate drainage system for and within the land
sought to be added to the District. A public necessity exists for the addition of the aforesaid lands
to the District in order to provide for the purchase, construction, extension, improvement,
maintenance and operation of such waterworks and sanitary sewer system and such drainage
facilities, so as to promote and protect the purity and sanitary condition of the State's waters and
the public health and welfare of the community. •
VII.
Petitioners agree and covenant to abide by the conditions set forth in Exhibit"B",attached
hereto and made a part hereof for all purposes,until such time as said conditions may be changed
by City ordinance or resolution,either specific or general.
VIll.
It is estimated by the Petitioners from such information as is available at this time,that the
cost of extending the District's facilities to serve the area sought to be annexed will be
approximately $147,972.
WFfEREFORE, Petitioners respectfully pray that this petition be granted in all respects and
that the City of Baytowii (,ive its consent to the annexation of the aforesaid land in said District.
1N WITNESS WHEREOF, Petitioners have executed this Petition effective as of the 8111
day of April, 2021.
"Petitioners"
SPRING MEADOWS MUNICIPAL
UTILITY DISTRICT
(the "District")
Frank Cope, Preside9t
Board of Directors
�i
ATTEST: �l
Gre ;Secreta
c,N`.••••• ,d� ,/ irectors
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GATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this ff .day of ,2021,by Frank
Cope and Grady Green, in their capacity as President and Secretary of SPRING MEADOWS
MUNICIPAL UTILITY DISTRICT, on behalf of said District.
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CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY
STATE OF TEXAS • §
COUNTY OF HARRIS §
1, the undersigned officer and member of ArchPoint Ventures, LLC, a Texas
Limited Liability Company, hereby certify that I, Saqib Ali, serve as Sole Owner/Director of
ArchPoint Ventures, LLC,and that in such capacity executed the Petition to which this certificate
is attached, praying for the addition to Spring Meadows Municipal Utility District of that certain
tract or parcel of land situated in Harris County, Texas, and more particularly described in said
Petition,reference to which is hereby made for all purposes,and that the execution of said Petition
had been duly authorized, approved, ratified, and confirmed as the act and deed of said limited
liability company, by all necessary action of the member of said limited liability company in
conformity with its Articles of Organization.
1 do further certify that I have the power to execute in the name of ArchPoint Ventures,
LLC,a Texas Limited Liability Company,such contracts,agreements, and instruments as may be
required or permitted by law to be executed by said company,which are necessary and appropriate,
related or appurtenant to the requested addition of the aforesaid lands.
Effective the 80' day of April,2021.
ARCHPOINT VENTURES, LLC,
a Texas Limited Liability Company
By: , .Aai j;? A'
Saqib Ali, Owner& Director
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this Z day of tl ,
2021, by Saqib Ali, in his/her capacity as Owner& Director of ArchPoint Ventures, LLC,
a Texas Limited Liability Company,on behalf of said com y.
r 10 SANDRA GUTIERREZ
Notary ID#11015448
[SEAL] ti� MY Commission Expires 0,
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'Forts December 4,2023 Nota o
blic, State fT
EXHIBIT "All
DESCRIPTION OF A TRACT OF LAND CONTAINING
0.9414 ACRES(41,006 SQUARE FEET)SITUATED
IN THE GEORGE ELLIS LEAGUE, A-21
IN HARRIS COUNTY, TEXAS
Being a tract of land containing 0.9414 acres (41,006 square feet) situated in the George
Ellis League, A-21 in Harris County, Texas, and being out of a called 1.000-acre tract of land as
conveyed unto Archpoint Ventures, LLC, by deed recorded under County Clerk's File Number
RP-2019472656 of the Official Public Records of Real Property of Harris County, Texas, save
and except a 0.0562-acre strip conveyed unto Harris County, Texas by deed recorded under
County Clerk's File Number W693654 of the Official Public Records of Real Property of Harris
County,Texas. Said 0.9414-acre tract being more particularly described by metes and bounds as
follows:
COMMENCING FOR REFERENCE at a 1/2-inch iron rod found for the southwest corner of
a the residue of a called 1-acre tract as conveyed unto Clarence Wilder Leavins, by deed
recorded under County Clerk's File Number H675430 of the Official Public Records of Real
Property of Harris County, Texas and being located in the east right of way line of Garth Road
(100 feet wide) as recorded under County Clerk's File Numbers W693654 of the Official Public
Records of Real Property of Harris County,Texas, Volume 7, Page 48, and Volume 311, Page 2
of the Map Records of Harris County,Texas;
THENCE North 100 53' 09" West with the west boundary line of the residue of said 1-acre tract
and with the east right-of-way line of said Garth Road, a distance of 208.71 feet to a 1/2-inch
iron rod found for the southwest corner of said tract herein described and for the POINT OF
BEGINNING, and for the northwest corner of the residue of said 1-acre tract;
THENCE North 100 53' 09" West, (called North 100 51' 27" West), with the east right-
of-way line of said Garth Road, a distance of 208.23 feet, (called 208.71 feet), to a 1/2-inch iron
rod found for the northwest corner of said tract herein described and for the most northerly
southwest corner of the residue of a called 9-acre tract as conveyed unto Ivy Ross Leavins and
wife Margaret Leavins as recorded in Volume 1390, Page 660 of the Deed Records of Harris
County,Texas;
THENCE North 770 44' 01" East, (called North 77' 49' 34" East), departing from the
east right of way line of said Garth Road and with the north boundary line of the residue of said
9-acre tract, a distance of 196.87 feet to a 5/8-inch iron rod with a cap stamped"Cobb Fendley&
Associates" set for the northeast corner of said tract herein described and for a corner of the
residue of said 9-acre tract;
THENCE South 10° 57' 00" East, (called South 101 51' 27" East) with the westerly
boundary line of the residue of said 9-acre tract, a distance of 208.23, (called 208.71 feet), to a
5/8-inch iron rod with a cap stamped "Cobb Fendley & Associates" set for the southeast corner
of said tract herein described and for the northeast corner of the residue of said I-acre tract;
Page 1 of 2
THENCE South 77' 44' 0 1" West, (called South 77" 49' 34" West), continuing with the
north boundary line of the residue of said 1-acre tract, a distance of 197.10 feet to the POINT
OF BEGINNING and containing 0.9414 acres(41,006 square feet)of land, more or less.
Notes:
1. All bearings shown hereon are referenced to the Texas Coordinate System of 1983, South
Central Zone No.4204,NAD83 (2011 Adjustment; EPOCH 2O10.00).
2. Square footage area shown is for information only and surveyor does not certify accuracy of
survey to nearest square foot.
3. This metes and bounds description is referenced to a survey drawing prepared by Cobb,
Fendley & Associates, Inc. dated March 15, 2021 and titled "A STANDARD LAND SURVEY
OF A 0.9414 ACRE TRACT SITUATED IN THE GEORGE ELLIS LEAGUE A-21, IN
HARRIS COUNTY,TEXAS".
Cobb,Fendley &Associates,Inc.
TBPELS Firm Registration No. 100467 Of t
13430 NW Freeway,Suite i 100
Houston,TX 77040
Phone:713462-3242 VWAMACOM
Job Number 2018-010-01-04 9oa5413
o��
March 15, 2021
Page 2 of 2
ABBREVIATIONS
¢ M.R.H.C..Tx - MAP RECORDS OF HARRIS COUNTY, TEXAS
J�J O.R.H.C..Tx, o DEED RECORDS OF HARRIS COUNTY. TEXAS
O.P.R.R.P.H.C..Tx. - OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS
0 F.G NO. - FILM CODE NUMBER
A C.M. a CONTROL MONUMENT
Irk I.R. IRON ROD
P FND. - FOUND
WAWSVILLE ROAD
10 40 0 40
IVY ROSS LEAVINS AND WIFE
* MARGARET LEAVINS Scold: 1'-40'
RESIDUE OF CALLED 9-ACRE
VOLUME 1390.PAGE 560
D.R.H.C..Tx.
(C.M.) Sot 5/8'I.R. W/Cap
FND 1/2' I.R. N 77'44'O1" E — 196.87� 'COBS FENDLEY do ASSOCIATES'
(CALLED N 7r49'34'E) LEGEND
Q PROPERTY LINE
* FIRE HYDRANT
in
N
' IVY ROSS LEAVINS AND VdFE
'�►% .. O MARGARET LEAMNS
N &NU ACRES w N RESIDUE OF CALLED 9-ACRE
►'I.== ap N (4%OW SG. FTJ '. VOLUME 1390.PAGE 660
v Z N t N W D.R.H.C..Tx.
h
O o2 a^ T 3: ARCHPOWT VENTURES, LLC b e
C'j ^ RESIDUE OF A CALLED 0.9997 ACRE O
Q. 3 ,ta C.C.F.Nc. RP-2019-472656 t^ C
+tn _ O.P.R.R.P.H.C..Tx. ta i j
WR A C b O
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^ Ln is to
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Set 5/8'I.R. W/Cap
a
(CALLED S 77*49'34'W) 'COBS FENDLEY&ASSOCIATES'
6�
CA"
m P.O.B. S 77'44'01" W 197.10'
(C.M.)
FND 1/2'I.R.
C.
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t CLARENCE WILDER LEAVINS
CALLED 1 ACRE
C.C.F NO.H675430
O.P.R.R.P.H.C..Tx.
n FLOOOPLAIN INFORMATION
h
b THE PROPERTY SHOWN HEREON (EITHER IN TOTAL OR A
Z P.O.C. PORTION) IS LOCATED IN THE FOLLOWING ZONE(S) BASED
(C.M.) ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD
FNO 1 2'I.R. IE INSURANCE RATE MAPS 48201CO755M. REVISED JANUARY
NOTES: 6. 2017:
I. ALL BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE UNSHADED ZONE X - AREAS DETERMINED TO BE OUTSIDE
SYSTEM OF NAD 1983,SOUTH CENTRAL ZONE(4204).NAD83(2011 ADJUSTMENT. THE 0.2%ANNUAL CHANCE FLOODPLAIN.
EPOCH 2O10.00). MONUMENTS MARKED'CM'WERE HELD FOR CONTROLLING ELEVATIONS WERE NOT OBTAINED ON THE SUBJECT
MONUMENTS. PROPERTY. .
2. ABSTRACT INFORMATION FOR THE SUBJECT PROPERTY SHOWN HEREON IS BASED ON DETERMINATION OF THE FLOOD ZONE IS BASED ON THE
COMMITMENT FOR TITLE INSURANCE POLICY NO. 0-5966-000217774 ISSUED BY GRAPHICAL DELINEATION OF THE ZONES AS DEPICTED ON
STEWART TITLE GUARANTY COMPANY HAVING A POLICY DATE OF OCTOBER 24. THE FLOOD PLAIN MAPS.
2019. SURVEYOR DID NOT RESEARCH SUBJECT PROPERTY TITLE INFORMATION.
3. SCH DU F'R' XCEMPTIONS IF THIS PROPERTY IS NOT WITHIN AN IDENTIFIED FLOOD
HAZARD AREA. THIS INFORMATION DOES NOT IMPLY THAT
NONE PROVIDED THE PROPERTY AND/OR STRUCTURES THEREON WILL BE
4. ANY IMPROVEMENTS ARE NOT SHOWN HEREON. FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE
OCCASIONS. GREATER FLOODS CAN OCCUR AND FLOOD
5 THIS SURVEY PLAT IS REFERENCED TO A METES AND BOUNDS DESCRIPTION HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL
PREPARED BY COBB FENDLEY ASSOCIATES. INC OF EVEN DATE. CAUSES THIS f1 INFORMATION SHALL NOT
CREATE LIABILITY ONN THE
HE PART
RT OF THE SURVEYOR.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND. THAT THIS PLAT real
(MAP OR DRAWING)CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF A STANDARD LAND SURVEY OF A
SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT TEXAS 0.9414 ACRE TRACT
SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A SITUATED IN THE
CATEGORY 2. CONDITION 11 SURVEY. GEORGE EWS LEAGUE SURVEY. A-21.
t OF t IN HARRIS COUNTY. TEXAS.
WITNESS MY HAND AND SEAL THIS 15TH DAY OF MARCH, 2021, *to °"Q
ARCHPOINT VENTURES, LLC
AURELIO D.CORTES
REGISTERED PROFESSIONAL LAND SURVEYOR #5413 ALFaMI06COM GARTH ROAD AT WAWSVILLE ROAD
SW�� dI Cob Fendley
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