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HomeMy WebLinkAboutO-2017-3690 For Creation of a Municipal Utility District (MUD), Petition, Utility Agreement ORDINANCE NO.,201 7-3 690 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS CONSENTING TO AND GRANTING A PETITION FOR THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, A MUNICIPAL UTILITY DISTRICT TO BE LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LA PORTE, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS A 234.686 ACRE TRACT OF LAND SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 265, HARRIS COUNTY, TEXAS; APPROVING A UTILITY AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND BEAZER HOMES TEXAS, L.P., ON BEHALF OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of La Porte (the "City") has received a petition seeking consent for the creation of Harris County Municipal Utility District No. 561 (the "District") within the city limits of the City, the boundaries of said District being legally described on Exhibit A,attached hereto; and WHEREAS, the petitioners request that the City Council authorize the Mayor to sign a Utility Agreement between the City of La Porte and Beazer Homes Texas,L.P. on behalf of proposed Harris County Municipal Utility District No. 561, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That all of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this Ordinance. Section 2. That the petition seeking the City's consent to the creation of 685194_2 HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, is hereby granted subject to the terms and conditions set forth in Exhibit B attached hereto (the "Consent Conditions"),and incorporated herein for all purposes. Section 3. That the Utility Agreement by and between the City and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561, a copy of which is attached hereto as Exhibit C and incorporated herein for all purposes, is hereby approved and the Mayor of the City is hereby authorized to execute the Agreement on behalf of the City. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect , impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law 685194_2 at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance is effective upon the date of the acquisition of the tract described on Exhibit A attached hereto by Beazer Homes Texas, L.P. If the said tract is not acquired by Beazer Homes Texas, L.P. as of 11:59 p.m. CST on July 31, 2018, then in that event this ordinance shall be of no effect, and shall be null and void for all purposes 685194_2 PASSED AND APPROVED this 11th day of December, 2017. CITY OF LA PORTE, TE AS LI . Rigby .yor ATTEST: « - ate Patrice Fogarty, eV Secre APPROVED AS TO FORM: %i�.� _ _ Clark Askins, City Attorney 685194_2 Exhibit A DESCRIPTION OF A TRACT OF LAND CONTAINING 234.686 ACRES(10,222,915 SQUARE FEET)SITUATED IN THE RICHARD PEARSALL SURVEY,A-625 IN HARRIS COUNTY.TEXAS Being a tract of land containing 234.686 acres (10,222,915 square feet) situated in the R*cherd Pearsall Survey,A-625 in Harris County, Texas. and being out of a called 48551426- acre tract conveyed unto PPG industries, Inc., by deed recorded under County Clerk's File No. 0484569 of the Official Public Records of Real Property of Harris Counnty,Texas, Said 234.686 acre tract being more particularly described by metes and bounds as follows: "Note:All beeullagr cited herein are find bearings, referenced to the Texas State Plane Coordinate System of 1983,South Central Zone No. 4204(NA083,2011). BEGINNING at a found 318-inch iron rod with cap stamped"RPLS 5007"located at the intersection of the south property line of said 485.51426-acre tract with the west right-of-way line of Bay Area Boulevard(200-Reit wide,as recorded under County Cleaic'a File No, (484569 and X626685, of the Official Public Records of Real Property of Harts County, Tours), for the northeast corner of a dulled 3,659-.ere tract conveyed unto Ambrose Joseph Smith.I1I,by deed recorded under County Clerk's File No. 20110443002 of the Official Public Records of Real Property of Harris County,Texas;,and for the southeast corner of said tract herein described; THENCE South 86°55'32"West with the south line of said 48551426-acre tract,with the north line of said 3.659-acre+tract, with the north line of a called 2.3497-acre tract conveyed unto Elizabethtown Properties. LLC, by deed recorded under County Clerk's File No. 20090584848 of the Official Public Records of Real Property of Harris County,Texas,with the north line of a called 2.323-acme tract conveyed unto Stanwood Wen**, LP, by deed recorded under County Clerk's File No. R922416 of the Official Public Records of Real Property of Harris County, Texas.with the north line of a called 4.000-.care trach (Tract 2) conveyed unto CCC Oroup, Inc., by deed recorded under Cotuxy Clerk's File No. Ufl349I of the Official Public Record*of Real Property of Harris County,Texas,with the north line of a called 10.37- acre tract co nveyed unto Green Bishop Holdings, LLC, by deed recorded under Comity Clerk's File No. TI of the Official Public Records of Real Property of Harris County,Texas,with the north line of the remainder of a called 12.20-acre tract(Tract 1)conveyed unto CCC Group, Inc.,by deed recorded under County Clerk's File No. U723491 of the Official Public Records of Read Property of Harris County,Texas,with the north line of a called 1.744-acre tract conveyed unto Jason R.Montan,by deed recorded under County Clee s File No. T$15823 of the Official Public Records of Real Property of Harris County,Texas, with the north line of a called 4.255- acre tract conveyed unto Jim M.Mormon, et al,by deed recorded under County Clerk's File No. T815824 of the Official Public Records of Real Property of Barris County,Texas, a distance of 2.724.61 feet to a found 1/2-inch iron rod in the east property lime of a called 5.927-acne tract conveyed unto C.M. Millstid Properties, LLC.by deed recorded ander County C6ak's File No. 20140496527 of the Official Public Records of Real Property of Harris County,Texas,for corner on the south line of said tract herein described; Page 1 of 4 685194_2 THENCE North 03" 06' 14" West with the east property tine of said 5.927-acre tract, a distance of 389,18 feet to a 112-inch iron rod found for the northeast corner of said 5.927-acre tract,and for an interior corner of said tract herein described; THENCE South 87°05' 32"West with the north property line of said 5.927-acre tract,a distance of 390.61 (bet to a found 314-inch iron rod for the northwest comer of said 5.927-acre tract, in the west line of said 485.51426-acre tract,in the east right-of-way line of a 200-foot wide Exxon Pipeline Company,Inc., pipeline corridor,recorded under Volume 5310,Page 582 of the Deed Records of Harris County,Texas, and for the westernmost south corner of said tract herein described; THENCE North 03° 10' 26" West with the west property line of said 485.51426-acre tract and the east right-of-way line of said pipeline corridor, a distance of 2,834.18 feet to a set 5/8-inch iron rod with plastic cap stamped "Cobb, Fendley&Associates"for corner, from which a found 112-inch iron rod(disturbed)bears North 61' 59' hast,a distance of 0.85 feet; THENCE North 86" 52' 57" East with the north property tine of said 485.51426-acme tract and the south line of a called 2.347-acre tract conveyed unto W131-MC Properties, Inc.. by deed recorded under County Clerk's File No.20140412351 of the Official Public Records of Real Property of Harris County,Texas,at a distance of 61.05 feet pass a found 518-inch iron rod with orange cap stamped "G.B.I.PARTNERS",and continuing for a total distance of 389.58 feet to a found 5/8-inch iron rod with orange cap stamped 'PREJEAN & CO 4925", for the southeast corner of said 2.347-tee tract,and for an interior corner of said 485.51426-ems tract; THENCE North 02° 49' 53" Weal with a y property line of said 485.51426-acre tract and the east property line of said 2347-acre tract,a dieter=of 323.90 feet to a set 5/8-inch iron and with plastic cap stamped "Cobb, Fondle),&Associate*"ibr corner for the northernmost west comer of said 485.51426-aera tract, from which a Annul railroad spike in asphalt bears South sr 08' West,a distance of 2.78 feet THENCE North 86° 53° 30"East with the south line of a 60-foot wide Public Road and Utility eight-of-way (recorded under' County Clerk's File No. F395945 of the Official Public Records of Real Property of Harris County,Texas)and the north property Imre of said 485.51426- acre tract, a distance of 59.98 feet to a found 5/8-inch iron rod with orange cap stamped "PRETEd N & CO 4925" for an angle point in the north property line of said 485.51426-acre tract; THENCE North 86°IT 10" East with the north property line of said 485.51426-sore tract,with the smith right-of-way line of said 60-hoot wide Public Road and Utility right-of-way, and with the tooth property tine of a 32320-acre tract conveyed!onto Bruce Meismer& Denims McClung, by deed recorded under County Clerk's File No. W980075 of the Official Public Records of Real Property of Harris County,Texas,a distance 01 2,264.61 feet to a set 5/8-inch iron rod with plastic cap stamped "Cobb, Fendley & Associates" for an interior corner of said 485.51426-acre tract, from which a found 5/8-inch iron rod (disturbed) bears North 45" 51' West,a distance of 1.82 feet; !sage 2 of 4 685194_2 176.1589 VP) 8411-1 • `251io 31°111 Jo(143.3 21271b5 C16"ZrZ01)gam 991'CZ UO3 pU,914INN191111 10 LNIOd (N WLI 8046t.Jo 1P2ua1 ug J0J (IJ 9LcoPJO oaugNIP g 1553...a,61 001 1141/°S URN WOW) „ix) ,01 cosi Jo 11111)Lt33 e luej owtott'l s! stupsu awyst. 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Nm: 1. Square footage arca shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 2,This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley&Associates, Inc.dated November 17,2017 titled"SURVEY OF A 234.686 ACRE TRACT OF LAND srruATED IN THE RICHARD PE A.RSAIJ,SURVEY, ABSTRACT NO. 625 HARRIS COUNTY,TEXAS". Cobb,Fendley&Associates,Inc, TBPLS Firm Registration No, 100467 13430 Northwest Freeway,Suite 1100 )ka �j. Flnu n,Texas 77040 qty 0 T e 7 'tf, qf Phone:(713)462-3242 "314-4. * '41.:)L. ; Job No. 1702-015-01t � t November 17,2017 8 , • Page 4 of 4 685194_2 PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: BEAZER HOMES TEXAS, L.P., a Delaware limited partnership (herein the "Petitioner"),acting pursuant to the provisions of Chapters 49 and 54,Texas Water Code, respectfully petitions the City Council of the City of La Porte, Texas (the "City"), for its written consent to the creation of a municipal utility district and would show the following: I. The name of the proposed District shall be HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561 (the "District"). II. The District shall be created and organized under the terms and provisions of Article XVI,Section 59 of the Constitution of Texas and Chapters 49 and 54,Texas Water Code, together with all amendments and additions thereto. III. The District shall contain an area of 234.686 acres of land,more or less, situated in Harris County, Texas. All of the land proposed to be included within the District is within the corporate limits of the City. All of the land proposed to be included may properly be included in the District. The land proposed to be included within the District is described in Exhibit A, which is attached hereto and incorporated herein for all purposes (the "Property"). IV. Prior to applying to the Texas Commission on Environmental Quality for creation of the District, the Petitioner will hold fee simple title to the Property. The Petitioner hereby represents that the Petitioner will own a majority in value of the Property prior to applying to the Texas Commission on Environmental Quality for creation of the District, as indicated by the certificates of ownership to be provided by the Harris County Appraisal District. V. The Petitioner certifies that there are no lienholders on the Property. 688550_2 VI. L e Pointe at La Port, Inc. has entered into an earnest money contract to purchase some of the Land and desires to be considered as a Petitioner for the consent to creation of the District. VII. The general nature of the work proposed to be done by the District at the present time is the purchase, design, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of a waterworks and sanitary sewer system for residential and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, and such other purchase, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of such additional facilities, including roads, parks and recreation facilities, systems, and enterprises as shall be consistent with all of the purposes for which the District is created (the"Project"). VIII. There is,for the following reasons, a necessity for the above-described work. The area proposed to be within the District is urban in nature,is within the growing environs of the City, and is in close proximity to populous and developed sections of Harris County, Texas. There is not now available within the area, which will be developed for single family residential, multifamily, and commercial uses, an adequate waterworks system, sanitary sewer system, or drainage and storm sewer system, or roads, or parks and recreational facilities. The health and welfare of the present and future inhabitants of the area and of the territories adjacent thereto require the purchase, design, construction,acquisition,ownership,operation,repair,improvement and extension of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system,roads,or parks and recreational facilities. A public necessity,therefore,exists for the creation of the District, to provide for the purchase, design,construction,acquisition, maintenance, ownership, operation, repair, improvement and extension of such waterworks system,sanitary sewer system,and drainage and storm sewer system,roads, and parks and recreational facilities to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- 688550 2 IX. The Petitioner, by submission of this Petition, requests the City's consent to the creation of the District containing the Land under the same conditions as set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes X. A preliminary investigation has been made to determine the cost of the proposed District's waterworks system, sanitary sewer system, and drainage and storm sewer system projects,and it is now estimated by the Petitioner,from such information as it has at this time,that such cost will be approximately$16,744,000. XI. A preliminary investigation has been made to determine the cost of the proposed District's road projects, and it is now estimated by the Petitioner,from such information as it has at this time, that such cost will be approximately$750,000. XII. A preliminary investigation has been made to determine the cost of the proposed District's park and recreational facilities, and it is now estimated by the Petitioner, from such information as it has at this time, that such cost will be approximately$1,600,000. XIII. The total cost of the proposed District's projects is estimated by the Petitioner to be approximately$19,094,000. WHEREFORE, the Petitioner prays that this petition be heard and that the City Council duly pass and approve an ordinance granting the consent to the creation of the District and authorizing the inclusion of the Property within the District. [EXECUTION PAGES FOLLOW] -3- 688550_2 RESPECTFULLY SUBMITTED thi a � day of ,2017. BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings Inc., a Delaware corporation, its general partner (Earnest Mo ey Contract Holder) By: Na e: Jet+ JLderso•n Title: U P t40( 414 ()"6111""- THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me, the undersigned authority, this alS4 day of Nove_ nreir , 2017, by VP Land of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of Beazer Homes Texas, L.P., a Delaware limited partnership, on behalf of said Delaware corporation and Delaware limited partnership. g+" .. KATHRYN DAW Vii;'• ,:Notary Public,State of Texas 14,'. s Comm.Expires 03-15-20'1 (311A4Notary Publi State of Texas ;• 7 otary 2984 AO -4- 688550 L E POINTE AT LA PORT, INC. a Texas corporation (Earnest Mone C ntract ld By: Y William P. Rowland President THE STATE OF TEXAS § COUNTY OF41ARR+SAri § This ins umen t w s acknowledged before me, the undersigned authority, this day o , 2017, by William P. Rowland, President of L e Pointe at La Port, Inc., a Texas corporation, on behalf of said Texas corporation. Notary Public, State of Texas [Official Notary Stamp] *IL TERESA 1 SOULE Notary I0 # 128951730 `I My Commission Expires April 10.2020 -5- 68855O Exhibit A UE.SCRIPTION OF A TRACT OF LAND CONTAINING 234.686 ACRES (10,222,915 SQUARE FEET)SITUATELI IN THE RICHARD PEARSALL SURVEY,A-62.5 IN HARRIS COUNTY,TEXAS Being a tract of land containing 234,686 acres (10,222,915 square feet) situated in the Richard Pearsall Survey, A-625 in Harris County, Texas, end being out of a called 485.51426- acre tract conveyed unto PPG Itrdus ries, Inc., by deed recorded under County Clerk's File No. 0484569 of the Official Public Rear of Real Property of Harris County,Texas. Said 234.686 acre tract being more particularly described by metes and bounds as fellows: "Note:All bearings.cited herein are Grid bearings, referenced to the Texas State Plane Coordinate Syriern of 1983, South Central.Zinn No. 4204 OMD83,2011), BEGINNING at a found 5.18-inch iron and with cap stamped"RPLS 5007'located at the intersection of the south property line of said 485.51426-acre tract with the west right-of-way Line of Bay Area Boulevard(200-feet wide, as recorded under County Clerk's File No. 04$4569 and X626685, of the Official Public Reeords of Real Property of llama County, Tues), for the northeast corm of a called. 3.659-acre tract conveyed unto Ambrose Joseph Smith, Ili, by deed recorded under County Clerk's File No. 20110443002 of the Official Public Records of Real Property of}Innis County,Turas,and for the southeast corner of said tract herein described; THENCE South 860 55'32" West with the south line of said 485,51426racre tract, with the north litre of said 3,659-acre tract, with the north line of a called 2.5497-acre tract conveyed unto Elizabethtown Properties, LLC, by deed recorded under County Clerk's File No. 20090584848 of the Official Public Records of Real Property of Harris County, Texas,with the north line of a called 2.323-acre tract conveyed unto Stanwood Worries, LP, by deed recorded ander County Cleries File No. R922416 of the Official Public Records of Real Property, of Harris County, Texas, with the north line of a called 4.0110-acre tract (Tract 2) conveyed unto CCC Group, Inc., by deed recorded under County Cleric's File No. 1.1723491 of the Official Public Records of Real Property of.Harris County,Texas, with the north line of a called 1037- acre tract conveyed unto Green Bisrop Holdings, LLC, by deed recorded under County Clerk's Pile No. T183215 of the Official Public Records of Real Property of Harris County,Texas,with the north line of the remainder of a called 12.20-acre tract(Tract 1)oaaveyed unto CCC Gro p, Inc.,by deed recorded under County Clerk's File No. 11723491 of the Official Public Records of Real Property of Harris County, Texas, with the north line of a called 1.744-acre tract conveyed unto Jason IL Mornian,by deed recorded under County Clerk's File No, T815823 of the Official Public" Rcoords of Real Property of Harris County,Texas,with the north line of a called 4.255- acre tract conveyed unto Jim M.Merman, et al, by deed recorded under County Cleric's Hie No. T815824 of the Official Public Records of Real Property of Harris County, Texas, a distance of 2,724.61 feet to a found lt2-inch iron rod in the east property line of a called 5.927-acre tract conveyed unto C.M. Millstid Properties. LI . by deed recorded under County Clerk's File, No. 20140496527 of the Official Public Records of Real Property of Harris County,Texas,for earner- on arn ron the south live of said tract herein described; Page tof4 -6- 688550_2 THENCE North 03°06" 14" West with the east property line of said 5.927-acre tract, a distance of 389.18 feet to a 1/2-inch iron rod found for the northeast corner of said 5.927-acre tract,and far an interior corner of said tract herein described; THENCE South 87°05' 32"West with the north property line of said 5.927-acre tract,a distant* of 390.61 fact to a found 3/4-inch iron rod for the northwest corner of said 5.927-acre tract, in the west line of said 485.51426-acre tract, in the east right-of-way line of a 200-foot wide Exxon Pipeline Company,Inc., pipeline corridor, recorded under Volume 5310, Page 582 of the Deed Records of Harris County,Texas, and for the westernmost south corner of said tract herein described; THENCE North 03° 101 26" West with the west property line of said 485.51426-acre tract and the east right-of-way line of said pipeline corridor, a distance of 2,834.18 feet to a set 5/8-inch iron rod with plastic cap stamped "Cobb, Fendley&Associates" for corner, from which a found 1t2-inch iron rod(disturbcd)bears North 61* 59' Fast,a distance of 0.85 feet; THENCE North 86° 52' 57" East with the north property tine of said 485.51426-acre tract and the south line of a called 2,347-acre tract conveyed uric WB1-MC Properties, Inc., by deed recorded under County Clerk's Pile No.20140412351 of the Official Public Records of Real Property of Harris County,Texas,at a distance of 61.05 feet peas a found 5/8-inch iron rod with orange cap stamped "G.B.1.PARTNERS",and contimih for a total distance of 389.58 feet to a found 518-inch iron rod with orange cap stamped "PREJEAN & CO 4925", for the southeast corner of said 2.347-acre tract,and for an interior corner of said 485.51426-acre tract: THENCE North 02° 49' 53" West with a westerly property. line of said 485.51426-acre tract and the east property line of said 2.347-acre tract, a distance ot-323.40 feet to a set 51-inch iron rod with plastic cap stamped "Cobb, Fendley & Associates' tor corner hr the northernmost west corner of said 485.51426-acre tract, horn which a found railroad spike in asphalt bears South 8/f'08' West,a distanoe of 2.78 feet; THENCE North 86° 53' 3D" East with the south line of a 60-foot wide Public Road and Utility right-of-way (recorded under County Clerk's File No. F395945 of the Official Public Records of Real Property of Harris County, Texas)and the north property line of said 48531426- acre tract, a distance of 59.98 feet to a found 5/8-inch iron rod with orange cap stamped "PREJEAN & CO 4925" for an angle point in the north property line of said 485.51426-acre tract; THENCE North 86° 57' 10" East with the north property line of said 485.51426-acre tract,with the south right-of-vmy line of said 60-foot wide Public Read and Utility right-of-way. and with the south property line rola 3.2320-acre tract conveyed unto Bruce Wismar& Dennis McClung, by deed recorded under County Clerk's File No. W 0075 of the official Public Records of Real Property of Harris County, Texas, a distance of 2,260.61 feet to a set 518-inch iron rod with plastic rap stamped "Cobb, Fendley & Associates" for an interior corner of said 485.51426-acre tract, from which a found 5/8-Inch iron rod (disturbed) bears North 45° 51' West,a distance of 1.82 feet; Page 2 of 4 -7- 688550_2 THENCE North Or 37' 10" West with an interior property line of said 485.51426-acre tract and the east property line of said 3.2320-acre tract, a distance of 158.30 feet to a point for corner,from which a found 112-inch iron rod bears South 86°29' West,a distance of 0.31 feet; THENCE North 86° 31' 59" East with the north property line of said 485.51426-acre tract, the south property line of a called 8.069-acre tract conveyed unto Shell Federal Credit Union, by dckad recorded under County Clerk's File No. Y501711 of the Official Public Records of Real Property of Harris County.Texas,and the south property Ike of a tract of land conveyed unto La Porte Properties Partnership, by deed recorded under County Clerk's File No. 1860208 of the Official Public Records of Real Property of Harris County,Texas,a distance of 586,33 feet to a set 518-inch iron rod with plastic cap stamped "Cobb, rendley & Associates" in the west right-of-way line of said Bay Area Boulevard. for the northeast comer of said tract herein described,from which a fiatind 112-inch iron rod(disturbed)beats South 000 54West, a distanec of 0.21 feet; THENCE in a Nouthcrly direction with the west right-of-way hoc of said Bay Armi Boulevard.the following courses and distances: 1. Southerly direction with a curve to the right, whose radius is 1,297.50 feet, a central angle of 30" 40' 34" (choni beers South 12° 12' 29" West, a distance of 686,41 feet) for an arc iength of 694.68 feet to a found 5/8.inch iron rod with orange cap stamped "PREJEAN&CO 4925"; 2. South 27° 30' 06" West, a distance of 397.99 feet to a found 5018-inch iron rod with orange cap stamped"PREJEAN&CO 4925"; 3. Southerly direction with a curve to the right, whose radius is 1,567.18 tee*, a central angle of 47° 20' 47" (chord bears South 03° 45' 37" West, a distance of 1,258.51 feat) for an arc length of 1,295.04 feet to a found 5/8-inch iron rod with orange cap stamped"PREJEAN&CO 4925"; 4. South 19° 54' 47" East, a distance of 1,006.97 feet to a found 5.'8-inch iron rod (disturbed)with orange um stamped"PREJEAN &CO 4925"; THENCE continuing with the west right-ofway line of said Bay Area Boulevard, with a curve to the right, whose radius is 1,488.80 feet, a central angle of 19° 10' 07" (chord bears South 10° 19' 43"East, a distance of 495.76 feet)for an arc length of 498.08 feet to the POINT OP BEGINNING and containing 234.686 acres(10,222,915 square feet)of land,more or less. Page 3 of 4 -8- 688550_2 Notes: 1. Square-footage arca shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 2,This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley 86 Associates,Inc.dated November 17,2017 titled°SURVEY OF A 234686 ACRE TRACT OF LAND SITUATED IN THE RIC'ILARD PEARSALL SURVEY, ABSTRACT NO. 625 HARRIS COUNTY,TEXAS". Col*,Fcndky&Associates,Inc. MIMS Firm Registration No. 100467 13430 Northwest Freeway,Suite 1100 Houston,Texas 77040 Phone:(713)462-3242 44) e Job No. 1'702-015-01 A.„ 21Mv_it November 17,2017 Prtssic4 -44410 8100 / 06 di ••• Page 4 of 4 -9- 688550_2 Exhibit B Consent Conditions (a) To the extent authorized by law, the District will issue bonds only for the purpose of purchasing and constructing, or purchasing, or constructing under contract with the City of La Porte, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage facilities, recreational facilities, road facilities, or parts of such systems or facilities,and to make any and all necessary purchases, construction, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures,and facilities therefor,and to operate and maintain drainage facilities and recreational facilities, and for refunding such bonds. Such bonds will expressly provide that the District reserves the right to redeem the bonds on any interest- payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium and will be sold only after the taking of public bids therefor, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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,will not exceed two percent(2%) 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, and that bids for the bonds will be received not more than forty-five (45) days after notice of sale of the bonds is given. No land located within the city limits or extraterritorial jurisdiction of the City of La Porte will be added or annexed to the District until the City of La Porte has given its written consent by resolution or ordinance of the City Council to such addition or annexation. (b) (1) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the Director of the Department of Public Works of the City of La Porte, or to his designated representative, all plans and specifications for the construction of water, sanitary sewer,drainage,and road facilities and related improvements to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City of La Porte.All water service lines and sewer service lines,lift stations, sewage treatment facilities, and road facilities, and appurtenances thereto, installed or used within the District will comply with the City of La Porte's standard plans and specifications as amended from time to time. Prior to the construction of any water, sanitary sewer, drainage or road facilities within or by the District, the District or its engineer will -10- 688550_2 give written notice by registered or certified mail to the Director of Public Works, stating the date that such construction will be commenced. The construction of the District's water,sanitary sewer, drainage and road facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City of La Porte; and during the progress of the construction and installation of such facilities, the Director of Public Works of the City of La Porte, or an employee thereof,may make periodic on-the-ground inspections. (2) Before the expenditure by the District of bond proceeds for the acquisition, construction or development of recreational facilities, the District shall obtain and maintain on file, from a registered landscape architect, registered professional engineer or a design professional allowed by law to engage in architecture, a certification that the recreational facilities,as constructed,conform to the applicable recreational facilities design standards and specifications of the City of La Porte's Department of Parks and Recreation and shall submit a copy of the certification and the "as built" plans and specifications for such recreational facilities to the Director of the City of La Porte Parks and Recreation Department. (c) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within, the District that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning Commission of the City of La Porte of a plat which will be duly recorded in the Real Property Records of Harris County, Texas, and otherwise comply with the rules and regulations of the City of La Porte. -11- 688550_2 ALLEN BOONE HUMPHRIES ROBINSON LLP ATTORNEYS AT LAW PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON,TEXAS 77027 TEL(713)860-6400 FAX(713)860-6401 abhr.com Direct Line: (713)860-6424 Linda Sotirake Direct Fax: (713)860-6624 lsotirake@abhr.com Legal Assistant December 5, 2017 VIA MESSENGER Ms. Patrice Fogarty City of La Porte City Secretary's Office 604 W Fairmont Parkway La Porte,TX 77571 Re: Creation of Harris County Municipal Utility District No. 561 (the "District") Dear Ms. Fogarty: Enclosed for review and consideration by the City of La Porte is the revised Petition for Consent to the Creation of a MUD related to the proposed creation of the District. Should you have any questions, please feel free to call me at(713)860-6424. Sincerely, 9 Linda F. Sotirake Legal Assistant Enclosure cc: Mr. Corby D. Alexander (w/enc.) City of La Porte 604 West Fairmont Parkway 691799 La Porte, TX 77571 Mr. Clark Askins (w/enc.) City of La Porte Askins & Askins, PC 702 W. Fairmont Parkway La Porte,TX 77571 Mr. Reid Wilson (w/enc.) Wilson, Cribbs & Goren, P.C. 2500 Fannin Street Houston, TX 77002 691799 Ex. c UTILITY AGREEMENT THIS UTILITY AGREEMENT (this "Agreement') is made and entered into as of December 11, 2017, by THE CITY OF LA PORTE, TEXAS (the "City"), a home rule municipality in Harris County,Texas,acting by and through its governing body the City Council of La Porte Texas; and BEAZER HOMES TEXAS, L.P.., a Delaware limited partnership ("Developer") on behalf of proposed Harris County Municipal Utility District No. 561. RECITALS Developer has contracted to purchase approximately 234.686 acres of land in Harris County, Texas, described by metes and bounds in Exhibit A attached hereto (the "Tract"),and desires to develop a quality master-planned single-family and multi-family residential community with senior living facilities and supporting commercial uses within the Tract. The Tract is located within the corporate boundaries of the City. Developer intends to create Harris County Municipal Utility District No. 561 (the "District") within the City's corporate limits for the purposes of, among other matters, providing water distribution, wastewater collection, and storm sewer and drainage, recreational and road facilities to serve development occurring within the District. The District will contain the Tract. The City is a municipal corporation and is operating under the home rule municipality laws of the State of Texas. The City has the power under the laws of the State of Texas to acquire,own,and operate a water and sanitary sewer system and works and improvements necessary for the drainage of the lands in the City. The City also has the authority to contract with a district organized under the authority of Article XVI, Section 59,of the Constitution of Texas,whereby the District will acquire or construct for the City (i) water distribution systems and sanitary sewer collection to connect to the City's water supply or treatment systems and (ii) improvements necessary for the drainage of lands in the City. The City and Developer on behalf of the District may enter into an agreement under the terms of which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and storm sewer facilities needed to serve lands being developed within the boundaries of the District. The City and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement and have further determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. 685974_3.docx AGREEMENT For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City and Developer on behalf of the District contract and agree as follows: ARTICLE I DEFINITIONS The capitalized terms and phrases used in this Agreement shall have the meanings as follows: "Approved Plans" means plans and specifications approved in accordance with Section 3.01. "Approving Bodies" means any or all of the following entities,as appropriate in a particular context: the City; Harris County, Texas; the TCEQ; the Attorney General of Texas; the Comptroller of Public Accounts of Texas; the United States Department of Justice;and all other federal,state, and local governmental authorities having regulatory jurisdiction and authority over the financing of the Facilities, the construction of the Facilities, or the subject matter of this Agreement. "Bonds" means the District's bonds, notes, or other evidences of indebtedness issued from time to time for the purpose of purchasing, constructing, acquiring, operating, repairing, improving, or extending the Facilities, and for such other purposes permitted or provided by state law,whether payable from ad valorem taxes,the proceeds of one or more future bond issues, or otherwise, and including any bonds, notes, or similar obligations issued to refund such bonds. "City" means the City of La Porte, Texas. "City Facilities" means and includes the water distribution,wastewater collection, and drainage systems(but not including detention systems),recreational facilities within road rights-of-way, including trails and sidewalks, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. 2 "Consent Ordinance" means the ordinance adopted by the City evidencing the City's consent to the inclusion of land within the District in accordance with Texas Water Code Section 54.016, as amended. "Construction Costs" means costs associated with any particular construction project under the terms of this Agreement, including, but not limited to, costs of construction, acquisition, and installation; engineering fees and expenses; costs of advertising; costs of acquiring necessary licenses, permits, waste control orders, discharge permits or amendments thereto; fiscal, legal, and administrative costs; material-testing costs; site, easement, and permit costs; and all other costs and expenses directly relating to the foregoing,together with an amount for contingencies on estimated Construction Costs of fifteen percent (15%) of the foregoing, provided that no contingency amount shall be included in "Construction Costs" regarding a particular construction project once that project is complete. "Developer" means Beazer Homes Texas, L.P. "District" means Harris County Municipal Utility District No. 561, a body politic and corporate and a political subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the Texas Constitution. Any references herein to District shall mean Developer; provided that upon assignment of this Agreement by Developer to the District pursuant to Section 11.11 below, any references herein to the District shall mean the District. "District Assets" means(i) all rights,title,and interests of the District in and to the Facilities, (ii) any Bonds of the District which are authorized but have not been issued by the District, (iii) all rights and powers of the District under any agreements or commitments with any persons or entities pertaining to the financing, construction, or operation of all or any portion of the Facilities and/or the operations of the District, (iv) all cash and investments, and amounts owed to the District, and (v) all books, records, files, documents, permits,funds, and other materials or property of the District. "District Engineer" means any engineering firm as the District may engage from time to time. "District Obligations" means (i) all outstanding Bonds of the District, (ii) all other debts, liabilities, and obligations of the District to or for the benefit of any persons or entities relating to the financing, construction, or operation of all or any portion of the Facilities or the operations of the District, and (iii) all functions performed and services rendered by the District for and to the owners of property within the District and the customers of the services provided from the Facilities. 3 "Facilities"means and includes the water distribution,wastewater collection,and drainage and detention systems,recreational facilities outside of a City road right-of-way, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. "Financing and Reimbursement Agreement" means the District's agreement, if any,as defined in Section 4.04. "State" means the State of Texas. "TCEQ" means the Texas Commission on Environmental Quality, or any successor or successors exercising any of its duties and functions related to water conservation and reclamation districts. ARTICLE II REPRESENTATIONS Section 2.01 Representations of the City. The City hereby represents to Developer that: (a) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. (b) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any Person which has not been obtained. Section 2.02 Representations of Developer. Developer hereby represents to the City that: (a) It is duly authorized,created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carry on the operations contemplated by this Agreement. (b) It has the power,authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof (i) have been duly authorized, will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to it or any provisions of its articles of incorporation and by-laws, and (ii) do not constitute a default under, or result in the creation of any lien,charge,encumbrance or security interest upon any of its assets under, 4 any agreement or instrument to which it is a party or by which it or its assets may be bound or affected. (c) It has sufficient capital to perform its obligations under this Agreement. (d) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of such entity, enforceable in accordance with its terms. (e) With respect to Developer only, the petition for the creation of a municipal utility district and the petition for consent to the creation of a municipal utility district that have been previously submitted to the City have been duly authorized, executed and delivered. (f) The execution, delivery and performance of this Agreement by it does not require the consent or approval of any Person which has not been obtained. ARTICLE III DESIGN AND CONSTRUCTION OF THE FACILITIES Section 3.01 Design. The Facilities shall be designed by the District Engineer in accordance with sound engineering principles and in compliance with all applicable requirements of the Approving Bodies. The plans and specifications for the Facilities shall be subject to review and approval by the City, the District, and the Approving Bodies with jurisdiction(the"Approved Plans"). The District shall not make any changes to the Approved Plans without the approval of the City. The City shall not require that the Facilities be designed to requirements more stringent than the City's requirements applicable to the design of similar facilities outside the District but within the City's jurisdiction. The District shall design the Facilities in such phases or stages as the District and/or Developer from time to time, in their sole discretion, may determine to be necessary and economically feasible. Section 3.02 Construction. When the District determines,in its sole discretion,that it is necessary and economically feasible to construct the Facilities, the District shall proceed to award a construction contract for the Facilities based upon the Approved Plans. The Facilities shall be installed, construction contracts shall be awarded, and payment and performance bonds obtained all in accordance with the general law for municipal utility districts and in full compliance with the applicable requirements of the Approving Bodies. In addition to any other construction contract provisions, any construction contract for the Facilities shall include the contractor's one(1)year warranty of work performed under the contract. The District shall file all required documents with the TCEQ. 5 Section 3.03 Acceptance of Facilities. Upon completion of the Facilities,the District shall order the District Engineer to certify that the Facilities have been completed in substantial compliance with the Approved Plans,and the District shall certify that all bills and sums of money due in connection with the construction and installation of the Facilities have been fully paid and that the Facilities are free of any and all liens and claims, all according to the certification of the construction contractor. The District shall require the District Engineer to provide three (3) copies of construction drawings of the Facilities to the District. The District shall accept the construction of the Facilities in writing from the construction contractor. The District shall then convey the City Facilities to the City in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City and the provisions of Article IV below. Section 3.04 Permits, Fees, and Inspections. The District understands and agrees that all City ordinances and codes, including applicable permits, fees, and inspections, shall be of full force and effect within its boundaries the same as to other areas within the City's corporate limits;provided,however,that no permits,permit fees,or inspection fees shall be required for the Facilities to be conveyed to the City. ARTICLE IV FINANCING OF THE FACILITIES Section 4.01 Authority of District to Issue Bonds. The District shall have authority to issue, sell,and deliver Bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District,for the purposes,in such forms and manner,and as permitted or provided by federal law, the general laws of the State of Texas, and the Consent Ordinance; provided, however, that such authority to issue, sell, and deliver Bonds will be limited to Bonds issued,sold,and delivered for the purpose of reimbursing Developer or any other developers within the District for the purposes described in Exhibit B of the Consent Ordinance and for the repair and rehabilitation of Facilities to be owned and maintained by the District. Section 4.02 Distribution of Bond Proceeds. The proceeds of Bonds issued by the District shall be used and may be invested or reinvested, from time to time, as provided in the order or orders of the District authorizing the issuance, sale, and delivery of such Bonds and in accordance with the federal,state,and local laws and regulations governing the proceeds of the District's sale of its Bonds. Section 4.03 Bonds as Obligation of District. Unless and until the City shall dissolve the District and assume the District Assets and District Obligations, the Bonds of the District, as to both principal and interest, shall be and remain obligations solely of 6 the District and shall never be deemed or construed to be obligations or indebtedness of the City. Section 4.04 Financing by Third Parties. From time to time, the District may enter into one or more agreements (the "Financing and Reimbursement Agreement") with Developer or other landowners of property located within the District whereby Developer or such landowners will construct the Facilities on behalf of the District or advance funds to or on behalf of the District for the acquisition and construction of the Facilities. The construction of any Facilities financed under the terms of a Financing and Reimbursement Agreement shall be subject to all the terms and conditions of this Agreement. Each Financing and Reimbursement Agreement will provide for the District's reimbursement of the person or entity advancing funds for the Facilities(i)from the proceeds of the District's sale of its Bonds, subject to all the terms and conditions of such Financing and Reimbursement Agreement, including, among other conditions, the approval of the TCEQ of the sale of the Bonds and the use of sale proceeds for such purpose; and/or (ii)from District funds lawfully available for such purpose. ARTICLE V OWNERSHIP,OPERATION, AND MAINTENANCE OF FACILITIES Section 5.01 Conveyance of Facilities. As the City Facilities are constructed and accepted in accordance with Article II and the City Facilities are conveyed to the City under this Article V, the construction contractor's one (1) year warranty of its work shall be assigned to the City, as required under Section 3.02 above. Section 5.02 City Acceptance. As the Facilities are constructed and completed, representatives of the City shall inspect the same and, if the City finds that the City Facilities have been completed in substantial compliance with the approved plans and specifications, the City will accept the conveyance of the City Facilities, and the City Facilities so conveyed shall be operated, maintained, and repaired by the City at its sole expense as provided in this Agreement. The City shall accept ownership of the City Facilities under this Section 5.02 in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City. If the City Facilities have not been completed in substantial compliance with the approved plans and specifications,the City will immediately advise in what manner the City Facilities do not comply so that the problems may immediately be corrected; whereupon the City shall again inspect the City Facilities and accept the same if the non-complying items have been corrected. In conjunction with the City's acceptance of the City Facilities, the City shall be provided with one (1) set of the construction drawings for such City Facilities. Section 5.03 Operation of the Facilities by the City. Upon the acceptance of the City Facilities by the City, the City will operate the City Facilities and provide services 7 from the City Facilities to users within the District without discrimination. The City shall at all times maintain the City Facilities, or cause the same to be maintained, in good condition and working order and will operate the same,or cause the same to be operated, in an efficient and economical manner at a reasonable cost and in accordance with sound business principles, and the City will comply with all the terms and conditions of this Agreement and with all applicable federal, state, and local laws and regulations. (a) The City shall provide competent, trained personnel, licensed or certified as necessary by the appropriate regulatory authority, to operate, inspect, maintain, and repair the City Facilities. The City shall implement a scheduled maintenance program for the City Facilities and shall ensure that the City Facilities are maintained in the same fashion and with the same frequency as similar facilities owned and operated by the City to serve areas outside the District. (b) The City shall maintain all customer information and records necessary to provide monthly billings to customers served by the City Facilities. The City shall respond to inquiries or correspondence from governmental or regulatory authorities and the District's directors,customers, or consultants. Section 5.04 Rates and Conditions of Service. The connection of improvements to the water and sanitary sewer City Facilities shall be made in the same manner, by the same procedures, and for the same charges, if any, per City policy for other water and wastewater connections. Water and wastewater customers within the District shall pay rates and charges for such services to the City, on the same basis and conditions as the City provides such services to similar City customers who do not receive services from the Facilities. The equivalent number of single family residences attributable to any particular connection shall be computed in accordance with the service unit factors determined by the City in its sole discretion, provided that the City shall always apply the same service unit factors within the District as it applies to other areas within the City. The City shall bill and collect charges from the customers of the City Facilities,calculated in accordance with this Section 5.04, in the same manner and under the same procedures as it bills and collects from other customers of the City that are not served by the City Facilities. Section 5.05 Repair of the Facilities. After its acceptance of the City Facilities, the City shall provide all personnel and equipment necessary to perform repairs on,and shall bear sole cost responsibility for repair of,the City Facilities,including,but not limited to, service line leaks, leaks at water meters, water main breaks, repairs to valves and fire hydrants, manhole repairs, and sanitary sewer line repair and cleaning, as needed. The City shall not, however, bear cost or responsibility for initial repair of any equipment or facilities identified by the City as in need of correction prior to the City's acceptance of the City Facilities under Section 5.02 above. The cost of all materials and supplies used to operate,maintain, and repair the Facilities shall be borne solely by the City. 8 ARTICLE VI CITY PLANT CAPACITY Section 6.01 Water Supply and Distribution Facilities. The City shall provide the District with its ultimate requirements for water supply and distribution capacities. The number and location of the points of connection between the City's water distribution system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide water supply and distribution capacities for the actual requirements of the development within the District's boundaries. Any water supply and distribution capacities so required by the District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its water supply and distribution facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To enable the City to effectively manage its water system capacities in compliance with the City's obligation under this Section 6.01, the District shall provide to the City,by December 31 of each year during the term of this Agreement, a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess water supply are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.02 Wastewater Collection and Treatment Facilities. The number and location of the points of connection between the City's wastewater collection system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide wastewater collection and treatment capacities for the actual requirements of the development within the District's boundaries. Any wastewater collection and treatment capacities so required by the District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its wastewater collection and treatment facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To enable the City to effectively manage its wastewater system capacities in compliance with the City's obligation under this Section 6.02, the District shall provide the City no less than annually a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess wastewater treatment are available to serve the Tract and will remain available to 9 serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.03 Letter of Capacity Assurance; Assignability. The City agrees that the City shall, upon reasonable request from the District, issue a letter of assurance to the owner of platted property within the District confirming water and wastewater utility availability for such platted property,based upon the standard City criteria published by the City regarding the calculation of water and wastewater requirements for various types of improvements. ARTICLE VII DISTRICT AND OVERLAPPING TAXES Section 7.01 Overlapping Taxes. The City agrees that no portion of City taxes to be derived from the taxpayers of the District will be used to finance elsewhere in the City services the District proposes to provide, and the City and the District agree that no portion of City taxes to be derived from the taxpayers of the District are required to be rebated to the District. Section 7.02 District Taxes. The District is authorized to assess, levy, and collect ad valorem taxes upon all taxable properties within the District to provide for (i) the payment in full of the District Obligations, including principal, redemption premium, if any,or interest on the Bonds and to establish and maintain any interest and sinking fund, debt service fund, or reserve fund and (ii) for maintenance purposes, all in accordance with applicable law. The parties agree that nothing herein shall be deemed or construed to prohibit, limit, restrict, or otherwise inhibit the District's authority to levy ad valorem taxes as the Board of Directors of the District from time to time in its sole discretion may determine to be necessary for the Facilities consistent with the consent conditions in the Consent Ordinance. The City and the District recognize and agree that all ad valorem tax receipts and revenues collected by the District shall become the property of the District and may be applied by the District to the payment of all proper debts, obligations,costs, and expenses of the District and may be pledged or assigned to the payment of all or any designated portion of the principal or redemption premium, if any, or interest on the Bonds or otherwise in accordance with applicable law. ARTICLE VIII DISSOLUTION OF THE DISTRICT Section 8.01 Dissolution of District. The City and District recognize and agree that the City may, pursuant to the procedures and provisions and subject to the limitations set forth in the laws of the State of Texas including, but not limited to, Section 43.074, Texas Local Government Code, abolish and dissolve the District and assume the District 10 Assets and District Obligations upon a vote of not less than two-thirds (2/3) of the entire membership of the City Council to adopt an ordinance to such effect, if the City Council finds: (a) that the District is no longer needed, (b) that the services and functions performed by the District can be served and performed by the City, and (c) that it would be in the best interests of the citizens and property within the District and the City that the District be abolished. In order to ensure that the property owners and inhabitants of the City and the District are afforded sufficient time and opportunity to realize the benefits and public utility to be derived from the creation and operation of the District and the financing,construction and implementation of the plan of improvements for the District, and in order to contribute to the financial stability and feasibility of the District by ensuring a sufficient longevity of the District's existence to permit the District to reach a satisfactory level of financial maturity, the City agrees that the District shall not be abolished until such time as the District is fully developed and has sold all Bonds necessary to finance the costs of the Facilities and has reimbursed Developer and any other landowners within the District in accordance with the Financing and Reimbursement Agreements previously entered into by the District. Section 8.02 Transition upon Dissolution. In the event all required findings and procedures for the dissolution of the District have been duly, properly, and finally made and satisfied by the City, and unless otherwise mutually agreed by the City and the District pursuant to then existing law, the District agrees that its officers, agents, and representatives shall be directed to cooperate with the City in any and all respects reasonably necessary to facilitate the dissolution of the District and the transfer of the District Assets to and the assumption of the District Obligations by the City. ARTICLE IX MATERIAL BREACH, NOTICE AND REMEDIES Section 9.01 Material Breach of Agreement. (a) The parties acknowledge and agree that any substantial deviation by the District from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example,a substantial deviation from the material terms of this Agreement by the District would be the failure of the District to obtain approval from the City prior to annexing an additional property into the District as provided for herein. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement would be an attempt by the City to dissolve the District other than as provided for herein. 11 (c) In the event that a party to this Agreement believes that another party has, by act or omission,committed a material breach of this Agreement,the provisions of this Article IX shall provide the sole remedies for such default, unless otherwise specifically provided herein. Section 9.02 Notice of District's Default. (a) The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The District shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice,either cure such alleged failure or,in a written response to the City,either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The City shall determine (i) whether a failure to comply with a provision has occurred;(ii)whether such failure is excusable;and(iii)whether such failure has been cured or will be cured by the District. The District shall make available and deliver to the City, if requested, any records, documents or other information necessary to make the determination without charge. (c) In the event that the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination shall conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may pursue the remedies provided in Section 9.04. 12 Section 9.03 Notice of City's Default. (a) The District shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within 30 days after receipt of such notice or such longer period of time as the District may specify in such notice,either cure such alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The District shall determine(i)whether a failure to comply with a provision has occurred;(ii)whether such failure is excusable;and(iii)whether such failure has been cured or will be cured by the City. The City shall make available and deliver to the District,if requested,any records,documents or other information necessary to make the determination without charge. (c) In the event that the District determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that such failure is excusable, such determination shall conclude the investigation. (d) If the District determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may pursue the remedies provided in Section 9.04. Section 9.04 Remedies. (a) In the event of a determination by the City that the District has committed a material breach of this Agreement the City may, subject to the provisions of Section 9.02, file suit in a competent jurisdiction in Harris County, Texas, and seek either (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (b) In the event of a determination by the District that the City has committed a material breach of this Agreement,the District may,subject to the provisions of Section 9.03, file suit in a court of competent jurisdiction in Harris County, Texas, and seek (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (c) Neither party shall be liable for any monetary damages of the other party for any reason whatsoever, including punitive damages, exemplary damages, consequential damages or attorneys' fees. 13 ARTICLE X BINDING AGREEMENT,TERM, AND AMENDMENT Section 10.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the District, their successors and assigns, including any additional districts created by division of the District. • Section 10.02 Term. This Agreement shall remain in effect until the earlier to occur of (i) the dissolution of the District by the City or (ii) the expiration of thirty (30) years from the date hereof. Section 10.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties shall promptly execute and file of record, in the Real Property Records of Harris County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. Section 10.04 Amendment. This Agreement may be amended only upon written amendment executed by the parties affected by such amendment. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") required to be given by one party to another by this Agreement shall be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified; (c) by depositing the same with FedEx or another nationally recognized courier service guaranteeing"next day delivery,"addressed to the party to be notified,or(d)by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after three (3) days after the date of such deposit.Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: City: City of La Porte 14 604 W. Fairmont Parkway La Porte,Texas 77571 Attn: City Secretary With copy to: Mr. Clark Askins Askins & Askins 702 W. Fairmont Parkway La Porte,Texas 77571 Developer: Beazer Homes Texas,L.P. Attn: Mr. Jeff Anderson 10235 West Little York,Suite 200 Houston,TX 77040 District: Allen Boone Humphries Robinson LLP Attn:Jim Boone 3200 Southwest Freeway,Suite 2600 Houston,Texas 77027 The parties shall have the right from time to time to change their respective addresses,and each shall have the right to specify as its address any other address within the United States of America by giving at least 5 days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday,the applicable period for calculating the notice shall be extended to the first business day following such Saturday,Sunday or legal holiday. Section 11.02 Severability by Court Action. Unless the court applies Section 11.03, if any provision of this Agreement or the application thereof to any person or circumstance is ever judicially declared invalid, such provision shall be deemed severed from this Agreement,and the remaining portions of this Agreement shall remain in effect. Section 11.03 Invalid Provisions. If any provision of this Agreement or the application thereof to any person or circumstance is prohibited by or invalid under applicable law,it shall be deemed modified to conform with the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any such other provision being prohibited or invalid. Section 11.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 15 Section 11.05 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to contlicts of law principles. Venue shall be in Harris County,Texas. Section 11.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws, including sovereign immunity, except to enforce any rights and remedies under this Agreement. Section 11.07 Further Documents.The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. Section 11.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Section 11.9 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances to the extent not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 11.10 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the District's board of directors. Section 11.11 Creation of the District. The rights, duties and obligations of the District hereunder shall be the rights, duties and obligations of Developer. Upon the creation of and confirmation of the District, the District shall automatically assume all rights, duties and obligations of Developer under this Agreement and Developer shall have no further liability under this Agreement,without any further action by the District, Developer, or the City being necessary. Section 11.12 Force Majeure. In the event any party is rendered unable,wholly or in part,by force majeure to carry out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the 16 earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure," as used herein, shall include without limitation of the generality thereof,acts of God,strikes,lockouts,or other industrial disturbances,acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority,insurrections,riots,epidemics,landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and wastewater systems hereunder, and any other inabilities of any party, whether similar to those enumerated or otherwise,which are not within the control of the party claiming such inability,which such party could not have avoided by the exercise of due diligence and care. Section 11.13 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third parties. Section 11.14 Merger. This Agreement embodies the entire understanding between the parties and there are no representations,warranties,or agreements between the parties covering the subject matter of this Agreement other than the Consent Ordinance between the City and the District. If any provisions of the Consent Ordinance appear to be inconsistent or in conflict with the provisions of this Agreement, then the provisions contained in this Agreement shall be interpreted in a way which is consistent with the Consent Ordinance. Section 11.15 Modification. This Agreement shall be subject to change or modification only with the mutual written consent of the City and the District. Section 11.16 Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties,obligations or liabilities of the parties hereto or any provisions hereof,or in ascertaining the intent of either party,with respect to the provisions hereof. Section 11.17 Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. Section 11.18 Voter Trailer. The City agrees that a trailer may be located on the Tract to provide housing for voters in connection with the election to confirm the District, 17 authorize bonds for the District, and elect the initial board of directors for the District; provided, however, that the trailer may not be located on the Tract for a period of time exceeding 8 months. [EXECUTION PAGES FOLLOW] 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity,as of the date first given above. THE CITY OF LA PORTE, TEXAS I a By: MEIN MIL __ All EST: •r Byr.,J,CQ_ ;Ii 2 O. City Secreta► (SEAL)ir-CA. E,.......RTF I1 ° i . ,...s v► APPROVED AS TO FORM: / • --A, trki 01 \ ec--)1 4 , ,tits iS.COlJt1�y4 City Attorney THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the // day of 4Cetnitie , 2017, by cYBct[;S A-7 , Mayor of the City of La Porte,Texas. _ _ _ — P1L. , i l ,,. a• PATRICE LEE FO( RN NotaryPublic,S S . e of 'exas i 0.0-P44 44 Notary Public � ft ,f •t i (P`S '� !fl#$49oso 28 211 19 BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings Inc., a Delaware corporation, its general partner By: Name: Title: THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me, the undersigned authority, this day of December, 2017, by , of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of Beazer Homes Texas, L.P., a Delaware limited partnership, on behalf of said Delaware corporation and Delaware limited partnership. Notary Public, State of Texas [Official Notary Stamp] 20 Exhibits A Legal Description of Tract 21 Exhibit A DESCRIPTION OF A TRACT OF LAND CONTAINING 234.686 ACRES(10,222,915 SQUARE FEET)SITUATED IN THE RICHARD PEARSALL SURVEY,A-625 TN HARRIS COUNTY,TEXAS Being a tract of land containing 234.686 acres (10,222,915 square feet) situated in the Richard Pearsall Survey,A-625 in Harris County, Texas, and being out of a called 48551426- acre tract conveyed unto PPG Iredustries, Inc., by deed recorded under County Clerk's File No. 0484569 of the Official Public Records of Real Property of Harris County,Texas. Said 234.686 acre tract being more particularly described by metes and bounds as follows: 'Note:All bearings cited herein are Grid bearings, referenced to the Texas State Plane Coordinate System of 1983, South Central Zone No. 4204(NA1 3,2011). BEGINNING at a found 5/8-inch iron rod with cap stamped"RPLS 50071'located at the intersection of the south property line of said 485.51426-acre tract with the west right-of-way line of Bay Area Boulevard(200-feet wide,as recorded under County Clerk's File No. 0484569 and X626685, of the Official Public Records of Real Property of Harris County, Texas), for the northeast corner of a called 3.659-acre tract conveyed unto Ambrose Joseph Smith, Ill, by deed recorded under County Cleric's File No. 20110443002 of the Official Public Records of Real Property of Harris County,Texas,and for the southeast corner of said tract herein described; THEI4CE South 86° 55'32" West with the south line of said 485.51426-acre tract, with the north line of said 3.659-acre tract, with the north line of a called 2.5497-acre tract conveyed unto Elizabethtown Properties, LW, by deed recorded under County Clerk's File No. 20090584848 of the Official Public Records of Real Property of Harris County, Texas, with the north line of a called 2.323-acre tract conveyed unto Stanwood Interr;eas, L1', by deed recorded under County Cleric's File No. 8922416 of the Official Public. Records of Real Property of Harris County, Texas, with the north line of a called 4.000-acre tract (Tract 2) conveyed unto CCC Group, Inc., by deed recorded under County Cleric's File No. 0723491 of the Official Public Records of Real Property of Harris County, Texas,with the north line of a called 10.37- acre tract conveyed unto Green Bishop Holdings, LLC, by deed recorded under County Clerk's File No. T183215 of the Official Public Records of Real Property of Harris County,Texas,with the north line of the remainder of a called 12.20-acre tract(Tract 1)eoaweyed unto CCC Group, Inc.,by deed recorded under County Clerk's File No. U723491 of the Official Public Records of Real Property of Harris County, Texas, with the north line of a called 1.744-aero tract conveyed unto!aeon R. Monitan,.by deed recorded under County Clerk's File No. 1815823 of the Official Public Records of Real Property of Harris County, Texas, with the north line of a called 4.255. acre tract conveyed unto Jim M. Morrnan, et al, by deed recorded under County Clerk's File No. T815824 of the Official Public Records of Real Property of Harris County, Texas, a distance of 2,724.61 feet to a found l/2-inch iron rod in the east property line of a milled 5.927-acre tract conveyed unto C.M. Millstid Properties. LLC, by deed recorded under County Clerk's File No. 20140496527 of the Official Public Records of Real Property of Harris County,Texas,for corner on the south line of said tract herein described; Page Iof4 22 THENCE North 03° 06' 14" West with the east property tine of said 5.927-acre tract, a distance of 389.18 feet to a 1/2-inch iron rod found for the northeast corner of said 5.927-acre tract,and for an interior corner of said tract herein dccribed.; THENCE South 87° 05' 32" West with the north property line of said 5.927-acre tract.a distance of 390.61 feet to a found 3/4-inch iron rod for the northwest corner of said 5.927-ate tract, in the west line of said 485.51426-acre tract, in the east right-of-way line of a 200-foot wide Exxon Pipeline Company,Inc., pipeline corridor, recorded under Volume 5310,Page 582 of the Deed Records of Harris County,Texas,and for the westernmost south corner of said tract herein described; THENCE North 03° 10' 26" West with the west property line of said 485.51426-acre tract and the east right-of-way line of said pipeline corridor, a distance of 2,834.18 feet to a set 5/8-inch iron rod with plastic cap stamped "Cobb, Fendley&Associates" for corner, from which a found 1/2-inch iron rod(disturbed)bears North 61° 59' Fest,a distance of 8.55 feet; THENCE North 86° 52' 57" East with the north property line of said 485.51426-acre tract and the south line of a called 2.347-acre tract conveyed unto WB1-MC Properties, Inc.. by deed recorded under County Clerk's File No.20140412351 of the Official Public Records of Real Property of Harris County,Texas,at a distance of 61.05 feet pass a found 518-inch iron rod with orange cap stamped "G,B.1. PARTNERS".and continuing for a total distance of 389.58 feet to a found 5/8-inch iron rod with orange cap stamped "PREJEAN & CO 4925", for the southeast corner of said 2.347-acre tract,and for an interior garner of said 485.51426-acre tract; THENCE North 02° 49' 53" West with a westerly property line of said 485.51426-acre tract and the east property line of said 2.347-acre tract, a distance of 323.90 fret to a set 518-inch iron rod with plastic cap stamped "Cobb, Fcndlcy &Associates" for corner for the northernmost west corner of said 485.51426-acre tract, from which a found railroad spike in asphalt bears South 88°08' West,a distance of 2.78 feet; THENCE North 86° 53' 30" East with the south line of a 60-foot wide Public Road and Utility right-of-way (recorded under County Clerk's File No. F395945 of the Official Public Records of Real Property of Harris County,Texas)and the north property line of said 485.51426- acre tract, a distance of 59.98 feet to a found 5f8-inch iron rod with orange cap stamped "PREJEAN & CO 4925" for an angle point in the north property line of said 485.51426-acre tract; THENCE North 86° 57' 10" East with the north property line of said 485.51426-acre tract,with the south right-of-way line of said 60-foot wide Public Road and Utility right-of-way, and with the south property line of a 3.2320-acre tract conveyed unto Bruce Mcismer& Dennis McClung, by deed recorded under County Clerk's File No. W980(}75 of the Official Public Records of Real Property of Harris County, Texas, a distance of 2,260.6l feet to a set 518-inch iron rod with plastic cap stamped "Cobb, Fendlcy & Associates" for an interior corner of said 485.5 t426-acre tract, from which a found 5/8-inch iron rod (disturbed) bears North 45" 51' Wcsl,a distance of 1.82 feet; Page 2 of 4 23 THENCE North 02° 37' 10" West with an interior property line of said 485.51426-acre tract and the east property line of said 3.2320-acre tract, a distance of 158.30 feet to a point for corner,from which a found 1/2-inch iron rod bears South 86°29' West,a distance of 031 feet; THENCE North 86° 31' 59" East with the north property line of said 485.51426-acre tract, the south property line of a called 8.069-acre tract conveyed unto Shell Federal Credit Union., by deed recorded under County Clerk's File No. Y501711 of the Official Public Records of Real Property of Harris County,Texas, and the south property line of a tract of land convoyed unto La Porte Properties Partnership, by deed recorded under County Clark's File No. J860208 of the Official Public Records of Real Property of Harris County,Texas,a distance of 586.33 feet to a sat 518-inch iron rod with plastic cap stamped "Cobb, Fendley & Associates" in the west right-of-way line of said Hay Area Boulevard, for the northeast comer of said tract herein described,from which a found 1/2-inch iron rod(disturbed)bears South 000 54' West,a distance of 0.21 feet; "I1-1ENCI in a southerly direction with the west right-of-way line of said Bay Area Boulevard,the following courses and distances: 1. Southerly direction with a curve to the right, whose radius is 1,297.50 feat, a central angle of 30° 40' 34"(chord bears South 120 12' 29"West, a distance of 686.41 feet) for an are length of 694.68 feet to a found 5/8-inch iron rod with orange cap stamped"PREJEAN&CO 4925"; 2. South 27° 30' 06" West, a distance of 397.99 feet to a found 518-inch iron rod with orange cap stamped"PREJEAN &CO 4925"; 3. Southerly direction with a curve to the right, whose radius is 1,567.18 feet, a central angle of 47° 20' 47" (chord bears South 03° 45' 3T' West, a distance of 1,258.51 feet) for an arc length of 1,295.04 feet to a found 5/8-inch iron rod with orange cap stamped"PREICAN&CO 4925"; 4. South 19° 54' 47" East, a distance of 1,006.97 feet to a found 5/8-inch iron rod (disturbed)with orange cap stamped"PREJEAN &CO 4925"; THENCE continuing with the west right-of-way line of said Bay Area Boulevard, with a curve to the right, whose radius is 1,488.80 feet, a central angle of 19° 10' 07' (chord bears South 10° 19' 43"East,a distance of 495.76 feet) for an arc length of 498.08 feet to the POINT OF BEGINNING and containing 234.686 acres(10,222,915 square feet)of land,more or less. Page 3 of 4 • 24 Notes: 1. Square footage arca shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 2. This marcs and bounds description is referenced to a survey drawing prepared by Cobb, Fendley&Associates, Inc.dated November 17,2017 titled"SURVEY OF A 234.686 ACRE TRACT OF LAND SITUATED IN THE RICHARD PFARSAIJ,SURVEY,ABSTRACT NO. 625 HARRIS COUNTY,TEXAS". Cobb,Fendley&Associates,Inc. TBPLS Firm Registration No. 100467 13430 Northwest Freeway, Suite 1 100 F T Houston,Texas 77040 �,�p4�%a rt Phone:(713)462-3242 a Job No. 1702-015-01 i November 17,2017o.ess edb 4411,out .r Page 4 of 4 25