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PETITION FOR CONSENT TO THE CREATION <br /> OF A MUNICIPAL UTILITY DISTRICT <br /> TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LA PORTE, <br /> TEXAS: <br /> BEAZER HOMES TEXAS, L.P., a Delaware limited partnership (herein the <br /> "Petitioner"),acting pursuant to the provisions of Chapters 49 and 54,Texas Water Code, <br /> respectfully petitions the City Council of the City of La Porte, Texas (the "City"), for its <br /> written consent to the creation of a municipal utility district and would show the <br /> following: <br /> I. <br /> The name of the proposed District shall be HARRIS COUNTY MUNICIPAL <br /> UTILITY DISTRICT NO. 561 (the "District"). <br /> II. <br /> The District shall be created and organized under the terms and provisions of <br /> Article XVI,Section 59 of the Constitution of Texas and Chapters 49 and 54,Texas Water <br /> Code, together with all amendments and additions thereto. <br /> III. <br /> The District shall contain an area of 234.686 acres of land,more or less, situated in <br /> Harris County, Texas. All of the land proposed to be included within the District is <br /> within the corporate limits of the City. All of the land proposed to be included may <br /> properly be included in the District. The land proposed to be included within the District <br /> is described in Exhibit A, which is attached hereto and incorporated herein for all <br /> purposes (the "Property"). <br /> IV. <br /> Prior to applying to the Texas Commission on Environmental Quality for creation <br /> of the District, the Petitioner will hold fee simple title to the Property. The Petitioner <br /> hereby represents that the Petitioner will own a majority in value of the Property prior to <br /> applying to the Texas Commission on Environmental Quality for creation of the District, <br /> as indicated by the certificates of ownership to be provided by the Harris County <br /> Appraisal District. <br /> V. <br /> The Petitioner certifies that there are no lienholders on the Property. <br /> 688550_2 <br />