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Home My WebLink AboutO-2009-3158 agreement for bike and pedestrian trail to be built on HCFCD E REQUEST FOR CITY CO NCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: N/A Department: Parks & Recreation Acc't Number: Report: _Resolution: _Ordinance: -L Amount Budgeted: N/A Exhibits: Interlocal Agreement - HCFCD Amount Requested: N/A Exhibits: Bud eted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte is building a bicycle-pedestrian trail along Fairmont Parkway as a component of the 2001 Bicycle Pedestrian Trail System Master Plan, as approved by City Council. The trail alignment will require easements from various properties along the route, including four from the Harris County Flood Control District. The Interlocal Agreement being considered will allow the trail to be placed on Harris County Flood Control property and will facilitate the building of the trail in the near future. The plans for the trail have been reviewed by HCFCD and they are comfortable with the alignment. There is one easement on undeveloped HCFCD land that has not been master-planned. Once that is done by HCFCD, the trail may have to be moved. At this point HCFCD does not have a defmitive answer as to when the land will be developed as a future stormwater detention facility, but it appears to be some years away. Staff recommends approval of the Interlocal Agreement between the City of La Porte and Harris County to be able to move forward with the trail installation. There are several more easements that will be required before we can move forward with the installation, including one from the City of Pasadena. Once the easements are in place we will be able to move forward toward providing this important component in the City's Trail Master Plan. Ron Bottoms, City Manager tf-l!#7 Exhibit # 1 Ordinance 2009 3 I 5" 8 ORDINANCE NO. 2009- 31 5 8 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FLOOD CONTROL DISTRICT FOR BIKE-PEDESTRIAN TRAIL EASEMENTS ON HARRIS COUNTY FLOOD CONTROL OWNED PROPERTY, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 was 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 the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law 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. Page 1 of2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 27TH day of JULY, 2009. CITY OF LA PORTE By: ATTEST: L/JztlLti~ Martha Gillett, City Secretary APPROVED AS TO FORM: U~ -r ~ Clark T. Askins, Assistant City Attorney Page 2 of2 Exhibit #2 lnterlocal Agreement INTERLOCAL AGREEMENT THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 THIS AGREEMENT is made, entered into pursuant to the Interlocal Cooperation Act, TEXAS GOV'T CODE ANN., Chapter 791, and executed by and among the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter called "HCFCD" or the "District" and the City of La Porte, a municipal corporation, hereinafter called the "City." R E C I TAL S: WITNESSETH, that WHEREAS, the City desires to construct or cause to be constructed a 1 O-foot wide public hike and bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00, B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the south side of Fairmont Parkway to Little Cedar Bayou Park on the east side of Highway 146 approximately 5.2 miles in length and 10 feet wide, hereinafter called the ''Trail''; and WHEREAS, the City desires to maintain or cause to be maintained the Trail with related appurtenances; and WHEREAS, the District is willing to allow the City to use the portion of the property owned in fee by the District (hereinafter the "Property") for the purposes stated herein, subject to the conditions hereinafter provided; and WHEREAS, the City has prepared a map/layout of the proposed alignment of the Trail, which has been reviewed by the District personnel and is shown in Exhibit "A" attached to this Agreement for descriptive purposes only. NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: T E R M S: I. Plans and Specifications After the approval of this Agreement by the Commissioners Court of Harris County, the City will furnish the District, for the District's written approval, detailed construction plans and specifications (hereinafter the "Plans and Specifications") for the Project. After the approval of the Plans and Specifications by an authorized representative of the District, the District representative will so notify the City that the District allows the City's use of the following described Property situated in the County of Harris, State of Texas, for the purpose of constructing and maintaining the Trail: a 10-foot wide public hike and bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00, B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the south side of Fairmont Parkway to Little Cedar Bayou Park on the east side of Highway 146 approximately 5.2 miles in length. II. Construction Only after receipt of the notice of the approval of the Plans and Specifications from the District, the City, at the City's sole expense, shall commence to construct, and shall proceed diligently until completed (but in no event longer than one (1) year from the commencement of construction of the Trail, unless the Director determines in his sole discretion that good cause exists to extend the time in which the Trail is to be completed), the Trail in a good and workmanlike manner and in substantial accordance with the Plans and Specifications, which have been approved in advance by the District for such purposes. If any conflict arises between the provisions of the Plans and Specifications and the provisions of this Agreement, this Agreement shall be controlling and binding upon the parties hereto. III. Maintenance and Repair The City shall maintain in good repair and in safe condition the Trail, including but not limited to, repair of slope, pavement, bridges, stairways, landscaping, irrigation features, traffic control signs, light fixtures, electrical equipment, and all other improvements and appurtenances constructed or to be constructed along the Trail. The City acknowledges that the Trail or one or more of its improvements and appu rtenances could adversely affect the condition of the Property's flood control features. Therefore, in the event the District's Director, in his sole discretion, determines that the Trail or one or more of its improvements and appurtenances has caused damage or destroyed a flood control feature of the Property, then all such property of the District so damaged or destroyed shall be promptly repaired or replaced by the City to the satisfaction of the District's Director. However, in lieu of said repair or replacement, the City shall, if so required by the District's Director, pay to the Harris County Flood Control District money in an amount deemed sufficient by the District's Director, in his sole discretion, to compensate for the loss sustained by the District as a result of damages or destruction to said flood control features. The City shall perform its obligations as specified herein regardless of who or what necessitated the repairs or replacement and without the aid or assistance of the District or the District's equipment, personnel, or materials. The City shall mow, edge, and trim the grass between the Trail and the District right-of-way line and between the Trail and the top of the bank on the side of the channel on which the Trail is located, hereinafter called the "Maintenance Area." The City shall mow, edge, and trim the said grass at such time intervals so as to keep same from attaining a height of more than nine (9) inches. The City shall remove the trash, paper, debris, and accumulated silt from the Trail and Maintenance Area at such time intervals so as to keep the Trail and Maintenance Area neat and tidy at all times. The City shall also pick up the trash and debris that collects on any other improvements or appurtenances associated with the Trail. All maintenance required as hereinabove set forth shall be the sole responsibility of the City. IV. Trail Alteration and Inspection The City will not undertake any alteration to the Trail, any existing improvements thereto, or begin any construction without first securing the written approval of an authorized representative of the District of the plans and specifications for the same. With the prior written consent of an authorized representative of the District, the City may make minor changes in the Plans and Specifications necessary or desirable during the construction of the Trail. - 2 - During the term of this Agreement, the District, its Director or his designee(s) (hereinafter the "Director") may inspect the Trail and the Maintenance Area to determine whether the City is constructing and maintaining the Trail and performing its other obligations pursuant to this Agreement. V. Trees and No Waste The City shall not cause or permit any waste upon the hereinabove described Trail and Property. Further, the City shall not cut or damage any tree or trees on the District's Property with a diameter breast-high ("dbh") greater than three (3) inches at a level approximately four and one-half (4~) feet from its base, without the prior written consent of the District's Director. VI. Public Use and No Fee The Trail shall be open to the use of the general public. No fee or charge shall be imposed for the use thereof. VII. Limitation and Disclaimer of Warrantv The City's right to the use and enjoyment of the Trail for the purposes herein stated is expressly limited to the District's right, title, and interest, if any, in and to the Property, and the District makes no warranty or representation as to its right, title, or interest, if any, in and to said Property. If, and in the event that, additional rights, title, and interest in and to the Property are needed for the construction, maintenance, or operation of the Trail, the acquisition of such rights, title, and interest shall be at the sole expense and obligation of the City. VIII. Term The term of this Agreement begins on September 1 , 2009 and ends on August 31 ,2034; however, it shall continue thereafter on a year to year basis, unless earlier terminated as provided hereunder. Any party hereto may terminate this Agreement prior to the expiration of said term(s), without cause, upon thirty (30) days prior written notice to the other parties hereto. IX. Notices All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt requested, addressed to Harris County Flood Control District, Attention: Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may designate in writing from time to time. All notices shall be given to The City, by registered or certified mail, postage prepaid, return receipt requested, addressed to The City of La Porte, Attention: Director of Parks and Recreation, 1322 South Broadway Street, Houston, Texas 77571. Each notice shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. - 3 - X. The District's Riqhts Paramount The District has advised the City and the City is aware that portions of the Property located along HCFCD Units 8106-00-00, 8109-00-00, 8509-03-00, and F216-00-00 were acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of HCFCD Units 8106-00-00, 8109-00-00,8509-03-00, and F216-00-00, and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees, agents, and contractors, the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the City shall have no claim for damages of any character on account thereof against the District, or any officer, employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other structures appurtenant thereto constructed by the City, including but not limited to, railings or low water crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water in the channel. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements, and further, to not permit the City to rebuild same. The District makes no representation as to the suitability of the soils or the stability of the channel bank for the City's intended purposes. The City understands that in the event of a failure involving distinct elements of the Trail's construction, the District may not permit the City to replace those elements. XI. Covenant Not To Sue and Release THE CITY COVENANTS NOT TO SUE AND AGREES TO RELEASE THE DISTRICT AND ITS AGENTS, OFFICERS, SERVANTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AND INVITEES (HEREINAFTER IN THIS ARTICLE, THE "DISTRICT") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITY, CLAIMS DEMANDS, AND CAUSES OF ACTION OF EVERY CHARACTER AND KIND RESULTING FROM PERSONAL INJURY, ILLNESS, OR DAMAGE TO OR LOSS OF PROPERTY OCCURRING, GROWING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACTIONS OF THE CITY, ITS EMPLOYEES, AGENTS, SERVANTS, REPRESENTATIVE, LICENSEES, OR INVITEES IN SECURING, EXERCISING, OR IN ANY MANNER PERFORMING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE COVENANT NOT TO SUE AND TO RELEASE PROVIDED FOR IN THIS ARTICLE IS EXTENDED BY THE CITY TO ALSO RELEASE THE DISTRICT FROM THE CONSEQUENCES OF THE DISTRICT'S OWN NEGLIGENCE. THIS COVENANT NOT TO SUE AND TO RELEASE SHALL APPLY EVEN THOUGH ANY DAMAGE, INJURY, SICKNESS, OR DEATH IS CAUSED IN WHOLE OR IN PART BY ANY DEFECT IN OR CONDITION OF ANY PROPERTY, AREA, FACILITIES EQUIPMENT, TOOLS, OR OTHER ITEMS WHICH MAY BE PROVIDED BY THE DISTRICT, WHETHER OR NOT SUCH DEFECT OR CONDITION WAS KNOWN OR COULD HAVE BEEN KNOWN BY THE DISTRICT. THE COVENANT NOT TO SUE AND TO RELEASE PROVIDED HEREIN SHALL NOT BE CONSTRUED IN ANY WAY TO LIMIT INSURANCE COVERAGES PROVIDED BY THE CITY FOR THE DISTRICT PURSUANT TO THE TERMS OF THIS AGREEMENT, WHICH INSURANCE REQUIREMENT IS INDEPENDENT FROM AND IN ADDITION TO SUCH CONVENANT NOT TO SUE AND TO RELEASE. - 4 - XII. Indemnification bv Contractor and Insurance Requirements The City will cause to be inserted in the construction contract for the Trail an agreement that the contractor will indemnify, protect, covenant not to sue, release, and save and hold harmless the City and the Harris County Flood Control District and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Trail or any associated improvements, or on account of any act of omission by the contractor. The City shall furthermore require that the construction contractor's insurance policies name the Harris County Flood Control District as an insured. Such insurance policies shall include not less than the minimum coverages as stated in the current "Harris County General Conditions for Roads, Bridges and Related Work." The City shall at all times keep and maintain during the term of this Agreement, at their own expense, a general liability insurance policy covering the Trail and all facilities and activities associated therewith, with coverage in the amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injury to or death of anyone person and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for injury to or death of more than one person in anyone accident or occurrence, and not less than ONE HUNDRED THOUSAND DOLLARS ..~ ($100,000.00) for any single occurrence for damage to or destruction of property, or in the amounts of the HCFCD's maximum limitations under the Texas Tort Claims Act, whichever amounts shall be greater for covering HCFCD. Said policy(ies) shall name the Harris County Flood Control District as an insured. The City shall deliver a copy of each such policy to the Director of the District within fifteen (15) days after the effective date of this Agreement. Not later than thirty (30) days after the expiration date of each policy, the City shall furnish a copy of a renewal insurance policy to the Director of the District. XIII. Not Joint Enterprise, Emplovee, Nor Aoent This Agreement is not intended to and shall not create a joint enterprise between the City and the District. It is understood and agreed that the District and the District's personnel shall not be considered employees, agents, partners, joint venturers, or servants of the City. It is also understood and agreed that the City's personnel shall not be considered employees, agents, partners, joint venturers, or servants of the District. The parties are undertaking governmental functions or services under this Agreement and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The party undertaking work under this Agreement shall have a superior right to control the direction and management of such work and the responsibility for day-to-day management and control of such work except as may otherwise expressly be provided herein. XIV. No Intent to Dedicate The City's use of the District's Property set out herein is intended by the parties to be temporary in nature. Neither the District nor the City intend to designate any part of the Trail as a park, recreation area, scientific area, wildlife refuge, or historic site for any purpose, including TEX. PARKS & WILD. CODE ANN. Ch. 26, as amended, or to dedicate any part of the Trail as a park for any purpose, - 5 - including Tex. Loc. Gov't Code Ann. Ch. 317, as amended. xv. No Allocation of Funds It is expressly understood and agreed by the parties, such understanding and agreement being of the essence to this Agreement, that the District has not appropriated funds hereunder to fulfill any obligation created by the terms of this Agreement; provided further, however, that the District may, but shall not be obligated to, from time to time budget and appropriate funds to fulfill any obligation created hereunder. In the event the District shall fail or refuse to appropriate or expend funds necessary to perform any obligation hereunder, the sole remedy of the City shall be to terminate this agreement; provided further, however, that before terminating this Agreement for such failure or refusal, the City shall first notify the District in writing of its intent to terminate and give the District not less than thirty (30) days to remedy such deficiency, and thereafter only terminate in the event the District fails or refuses to remedy the deficiency. XVI. Entire Aoreement This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. XVII. Titles and Provisions Titles are for convenient reference oniy and shall not be used to interpret or limit the meaning of any provision of this Agreement. The use of the neuter, male, or female singular pronoun to refer to the District or the City shall be deemed a proper reference, even though the District or the City may be a male individual, a female individual, a partnership, a corporation, a limited liability company, governmental entity, or any other entity or group of two or more individuals or entities. - 6 - EXECUTED in triplicate originals on - yo NO\" Df;~ .~ APPROVED AS TO FORM: VINCE RYAN Harris County Attorney ~ r By: . , MITZI UR Assistant County Attorney ATTEST: [or WITNESS] ~ By: vfYl w1h /JALtII Name: JY(). r;JAa. ~ j I /~ Title: CAy Sure-/ary HARRIS COUNTY FLOOD CONTROL DISTRICT I . . . . ~<-:<... . .. . ..... . . . . . . . . . . . . , . . . . . . .' 1....1.1 .. . . '. . . By: Name: l Title: t '~y J1 WAft r -4PfJ/fovEfJ /Is- TO F()/(H ~r:~ I/IS Iy,. c 17'Y 1I77Of(II/CY - S:\Shared\lnt\Drafts\PRM Drafts\CSS 8106-00-00 COLP Hike and 8ike Agrmt 821 06-11-2009.doc - 7 - Exhibit "0" IF t FAIRMONT PARKWAY i ~ :f'- ~ !" ,.. z N86.S6'29"E 12.13' ~ 0 '[POINT OF BEGINNING OVl ~~~~~ "'0 -<0 zx -4 ii l'1l'1 l'1' l'1' C' m TRACT 1 Vll'1 )>:0 x'" :!:f1 !o!' ~ g)> MO~~~ r", )>:r CDO S86"56'29"W 272.27' i :=e" f'T1z ,,;0 Vl' ~~ - -< 0 266.00' "-< ;;:i~3of;l ~~ :-< ~ ::l)> z 00 ",0 "x ? ~ ! zx @8:i!g~ l'1n " d" . l'1 "'. 0 ~0i>~fT1 -<-< 0 II ~ ~ -<' l'1 x c:2 CD Vl "')>:!:)>~ 011 l'1 X 0 )> Zz ~ l'1 ~~~;;1Vl ""0 '" Vi 0-4 ... l'1 g~~Vl8 '" '" ~ Vl X.." l'1 Vi 8 010 :z: I ti~z<1l;;J )>:!l 0 ",n 0 0 ::t~c:: o cil~ Vl < .." . l'10;;10 ~~ '" 0 0 0 = ~ '" z)>:!::!: C ~ . -- <: N .-< C!' 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FOUND 5/8" IRON ROD J(Q) n=o !NI~(Q)!NI n=o lUJ !NIif'~1f?d ~lUJ If?d~~)f 10' PEDESTRIAN/BIKE ~~~if'If?d~(clr !NI@a ~~ EASEMENT - TRACT 1 0.0919 ACRES n 0 I3g i III III ,,~ :II ."JIo o. 0 en 00 - OC 'III . ..... ?J~ In :z: (,I(XI z . II (,I <0 Cl ';! ..... 01 n ~ q, O)N ~~ a c en 01 :ill 0 :::~ I!! i:i N '-I -tt JIo 0 ~ ...... '" n 0 ZVl z 01 (,1- 0 c: "", :II Z ...:d 0 0 O.flo:.III N ~:;;: = 01 0 ~M! ~ z Cl "'" n ;ij . . z 0 ~~i z 0 ::0 0 0 S86'56'29"W 4.00' N86.S6'29"E 1 0.00' ~ r I S86'56'29"W 315.15' Vl a (,I d .... ui '< ni .... a a 8. !il~~i' r~~Vi )>)>;;1" 2l~9!il ~~)>g l'1-<~z oozo ;OrO." !2V:~<o ~88i' z , ~m)>Vl -<z:;:1 ~QoF:l . -< -< --< (,I ~ K STREET o d~ :-~tx1 I:J r-- ~Q)~o . P Q ;1: r-~ ~\)~- ~~\)~ -01\) -::0 I\.lr;:j POINT OF BEGINNING zll JRACT 2 o 0 ::t c: ::t UI UI ,~~~ dll d 00.....oQl -Il-J -Il- ~ 0 <= <: tIi \) ,.. ..:>1 C ~ :b .... 01?Q" ~ ::0 "lI1-...J:::O<= ...,~O(') =:1 .". ~ ~ ~ I:J ~ p} ::t~ -..... ~II ~ ~~!~""<~ o 0 :-l~c~;!l . . cl.....O o I 0 ~c 0 oq cl:J o ~~ \:). ~ ::uQ)~o :c'c Q . r-~ ~\)~.... ~~\)c:;: -0.... -::0 I\lr;:j 10' PEDESTRIAN/BIKE EASEMENT - TRACT 2 0.OS74 ACRES S86.S6'29"W 10.00' L STREET r-eo' 01 o DATE: DRAWN Bv: CHECKEO BV: PROJ. No.: 03-24-09 JWR SEW 02-1166-01 TRACTS OF LAND IN THE JOHNSON HUNTER SURVEY, ABSTRACT No. 35 IN HARRIS COUNTY, TEXAS (10' PEOESTRIAN/BIKE EASEMENT. H.C.F.C.D. . UNIT No. F 216-00-00) CITY OF LA PORTE 604 WEST fAIRMONT PARKWAY LA PORTE, TEXAS 77571 281-471-5020 Hl.IIIT~ HUITT ,ZOLLARS. INC. '500 S. OA'RY ASHFORD SUITE 200 HOUSTON, TX 77077 PHONE 281.496.0066 FAX 281,496,0220 NO. REVISION DATE SHEET: 5 of 5 Exhibit "0" THENCE, North 03 degrees 04 minutes 57 seconds West, parallel to and 14.00 feet West of the West line of said Block 1131, 250.00 feet to a point on the North line of said closed 9th Street; THENCE, North 86 degrees 56 minutes 29 seconds East along the North line of said closed 9th Street, 10.00 feet to the POINT OF BEGINNING and containing 0.0574 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. March 24, 2009 Steven E. Williams, R.P.L.S. Texas Registration No. 4819 f?l" /fh //7 Page 4 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 35.doc Exhibit "0" METES AND BOUNDS DESCRIPTION 0.0574 ACRES OF LAND IN THE JOHNSON HUNTER SURVEY, ABSTRACT No. 35 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT H.C.F.C.D. UNIT No. F 216-00-00 - TRACT 2) BEING 0.0574 acres of land in the Johnson Hunter Survey, Abstract No. 35 in the City of La Porte, Harris County, Texas; being part of 9th Street, a sixty foot wide street dedicated by the plat of Town of La Porte recorded in Volume 60, Page 122 Deed Records of Harris County Texas; being a part of that same portion of said 9th Street that was vacated, abandoned and permanently closed by City of La Porte Ordinance No. 1391; said 0.0574 acre tract of land is described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod at the intersection of the South line of Fairmont Parkway with the West line of 8th Street for the Northeast corner of Block 1101, said Town of La Porte, from said rod a 5/8 inch iron rod for the Northeast corner of Lot 19 and the Southeast corner of Lot 20 said Block 1101 bears South 03 degrees 04 minutes 57 seconds East, 325.00 feet; THENCE, South 86 degrees 56 minutes 29 seconds West along the North line of said Block 1101 and the South line of said Fairmont Parkway, 266.00 feet a point for the Northwest corner of said Block 1101 which is the Northwest corner of that same 1.148 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. F598827, Official Public Records of Real Property of Harris County, Texas; THENCE, South 03 degrees 04 minutes 57 seconds East, along the West line of said Block 1101, the West line of said 1.148 acre tract and the East line of said 9th Street, passing at 400.00 feet the Southwest corner of said Block 1101 which is the Southwest corner of said 1.148 acre tract, continuing and crossing K Street, a 60 foot wide street dedicated by the plat recorded in Volume 60, Page 122 Deed Records of Harris County Texas, in all a total distance of 460.00 feet to a point for the Northwest corner of Block 1131, said Town of La Porte which is the Northwest corner of that same tract of land designated as Parcel "B" and described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. J237303 Official Public Records of Real Property of Harris County, Texas, said point also being the Northeast corner of that aforementioned portion of 9th Street closed by City of La Porte Ordinance No. 1391; THENCE, South 86 degrees 56 minutes 29 seconds West along the South line of K Street and the North line of said closed 9th Street, 4.00 feet to the POINT OF BEGINNING of this tract herein described; THENCE, South 03 degrees 04 minutes 57 seconds East, parallel to and 4.00 feet West of the West line of said Block 1131, which is the West line of said Parcel "B" and the East line of said closed 9th Street, 250.00 feet to a point on the South line of said closed 9th Street; THENCE, South 86 degrees 56 minutes 29 seconds West, along the South line of said closed 9th Street, 10.00 feet; Page 3 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 35.doc Exhibit "0" THENCE, North 86 degrees 56 minutes 29 seconds East along said line, 12.13 feet to the POINT OF BEGINNING and containing 0.0919 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. Steven . Iiams, R.P.L.S. Texas Registration No. 481 RI.//' pfJ. March 24, 2009 Page 2 of 5 K:\projlsurvey\02116801 \Easements\doc\M&B ESMT TR 35.doc Exhibit "0" METES AND BOUNDS DESCRIPTION 0.0919 ACRES OF LAND IN THE JOHNSON HUNTER SURVEY, ABSTRACT No. 35 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT H.C.F.C.D. UNIT No. F 216-00-00 - TRACT 1) BEING 0.0919 acres of land in the Johnson Hunter Survey, Abstract No. 35 in the City of La Porte, Harris County, Texas; being part of 9th Street, a sixty foot wide street dedicated by the plat of Town of La Porte recorded in Volume 60, Page 122 Deed Records of Harris County Texas; being a part of that same portion of said 9th Street that was vacated, abandoned and permanently closed by City of La Porte Ordinance No. 1389; said 0.0919 acre tract of land is described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod at the intersection of the South line of Fairmont Parkway with the West line of 8th Street for the Northeast corner of Block 1101, said Town of La Porte, from said rod a 5/8 inch iron rod for the Northeast corner of Lot 19 and the Southeast corner of Lot 20 said Block 1101 bears South 03 degrees 04 minutes 57 seconds East, 325.00 feet; THENCE, South 86 degrees 56 minutes 29 seconds West along the North line of said Block 1101 and the South line of said Fairmont Parkway, passing at 266.00 feet a point for the Northwest corner of said Block 1101 which is the Northwest corner of that same 1.148 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. F598827, Official Public Records of Real Property of Harris County, Texas, said point is also the Northeast corner of the aforementioned portion of 9th Street closed by City of La Porte Ordinance No. 1389, continuing along the South line of said Fairmont Parkway and the North line of said closed 9th Street, in all a total distance of 272.27 feet to a point at the beginning of a non-tangent curve to the right whose radius is 17.00 feet and whose radius point bears South 56 degrees 56 minutes 29 seconds West, said point is the POINT OF BEGINNING of this tract herein described; THENCE, in a Southerly direction along said curve through a central angle of 29 degrees 58 minutes 33 seconds, 8.89 feet; THENCE, South 03 degrees 04 minutes 57 seconds East, parallel to and 4.00 feet West of the West line of said Block 1101 which is the West line of said 1.148 acre tract and the East line of said closed 9th Street, 391.51 feet to a point on the South line of said closed 9th Street and on the North line of K Street, a 60 foot wide street dedicated by the plat recorded in Volume 60, Page 122 Deed Records of Harris County, Texas; THENCE, South 86 degrees 56 minutes 29 seconds West, along the South line of said Closed 9th Street, 10.00 feet; THENCE, North 03 degrees 04 minutes 57 seconds West, parallel to and 14.00 feet West of the West line of said Block 1101, 393.50 feet to a point at the beginning of a tangent curve to the left whose radius is 7.00 feet; THENCE, in a Northerly direction along said curve through a central angle of 68 degrees 11 minutes 21 seconds, 8.33 feet to a point on the North line of said closed 9th Street and on the South line of Fairmont Parkway; Page 1 of 5 K;\proj\survey\02116801 \Easements\doc\M&B ESMT TR 35.doc 2~~blffilc;?niSg g :III III ... ~~~b~~:--J:::j~ = 888000800 g 00 00 C '11I ~-I\J"""'---I\.)- ,. o~~~9>>PPcnO S! ......,~o-momt,,~ " CD o......oo~... :a: ~~:::I~~o;CDCDN n ~~~d...lI\3O!~l:1 CJ C <D(J1O>'-'O<Dt;~tl J!! ;:I ~U;~9m~~~g;! a . ~ i;! ZZZUlUlZZUlUl ~ ~~~~~~b~o 0 f\rt.)t.nUle,..i.p.. .-:...:~ :a I'.).fo.coco-gt,nt.olt;: a oo...o~--o...: I; NQ).,..-oO""r...:q!i ,.. ~~:EtT$Tl(Tl(Tl~:l ~ t:l :f"hiI\.)O)--tOf$- () ~~C~:~~~~ s .......,.. ~.... ~-Ilo:.~ OATE: ORAWN BY: CHECKED BY: PROJ. No.: 03-10-09 JWR SEW 02-1168-01 SHEET: 5 of 5 ( { ~ \ ~(J) .....0 0 -+. ~ ~ \gd- ~ -m '-' . U> \ ~ -~ (T1 ~ ..; N "f ." o i -4 Z 0 ~ 'II 0. m ~ 1ft ~ -4 G') "f "i ~ po f;! Q o -4Z .... .. G') ::Q ~ '"ji ~ I ~ -< SPRING --- 8109-00-00-02-002.0 10.318 ACRES TO: HARRIS COUNTY FLOOD CONTROL DISTRICT H.C.C.F. No. J818873 O. P. R.RP. H. C. T. \ - 60' =C.::SE~ "'--- UNIT No. B 109-00-00 VOL 3714, PC;. 190 D.R.H.C.T. 8109-00-00-02-001.1 10.320 ACRES TO: HARRIS COUNTY FLOOD CONTROL DISTRICT H.C.C.F. No. K529266 O.P.R.R.P.H.C. T. ~ iF ~~ @~ W>~ ~~ ~b <<">>(Q) 9~ ~ffi @W> ~W> ~~ ~ ffi ~ S03"06'31"E 540.79' ~::o ~~ ::!:!"lJ~~ r-)..-;C') ~::O~~ C')~oo ~gr-::O::O ~f1'1:o5!~ ;:t<:!ll~~ 0~~tjti\ :-l0l-;~ o;~:a~ ~9);' ~_r-~ "lJ;!! )..).. ~-; 0'" >0 -oC -oZ 1"'10 o UI ~ OCXl Z · :;0> oE o=:; 02: ZC =:; C Z 1"'1 TRACST OF LAND IN THE WILUAM M. JONES SURVEY ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENTS. HCFCD. SPRING GULLY) 0(T1~-i . >0:;;0 g(J) -> OIc;!-oO ~_(T1 -i >~~N 0-i(J) ~ ~ (J) ;; z 'CD ~ (T1 Z 01 m 01 (J1 t-5 N . (T1 ~XZ piOl ~ m -4 O! '-' N 0 (J1 ~ . 'II O'!. q m N -4~ ~ ~i (T1 (')! ~ -4Z ~ NG') z o ~ d I~~ _ - --t-:-J~- o 0 .0 0 ..... \ ~~ 01 CO \_\1 \~(J) \ 0 ~ \:-J f3 c,,~ Od L ~d ~m I 'u> -~ \ ~ ~ \ ,,0. . \ (T1 ~ F,... (T1 ~~ ~8o \ ;,,~~ \ ?:z~ oo(Tl \ ~t~ \ 9~ \~ '" 0> '" (]I. ~ ~ z II OJ)>)> 00 0> 01 ;;0 dI UlUl"O (]I q ........0 N 01 Ul (Xl. Z. ~ 0 .;> ---l ,..; m- -.J . :;0 ." i-> :::;::0;;0 ~ . zo N o ~ UI ':;0 ';>.0:::;:: o~ 0 :c 0 ~:r :h z CITY OF LA PORTE 604 WEST F"AIRMONT PARKWAY LA PORTE, TEXAS 77571 281-471-5020 Hl.BlT~ HUITT-ZO~~ARS INt. ~~~E S2~AlRY 'ASHF'ORD HOUSTON. TX 77077 PHONE 281.496.0066 F' AX 281-496-0220 NO. REVISION "II ~ - :II == o z -t " ~ :II ~ == ~ < UI o DATE THENCE, in a Northwesterly direction along said curve through a central angle of 77 degrees 46 minutes 27 seconds, 23.08 feet; THENCE, North 03 degrees 06 minutes 31 seconds West, 47.02 feet to a point at the beginning of a tangent curve to the left whose radius is 25.00 feet; THENCE, in a Northerly direction along said curve through a central angle of 29 degrees 35 minutes 15 seconds, 12.91 feet to a point at the beginning of a tangent curve to the right whose radius is 35.00 feet; THENCE, in a Northerly direction along said curve through a central angle of 06 degrees 39 minutes 28 seconds, 4.07 feet to the POINT OF BEGINNING and containing 0.0181 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. March 10, 2009 Steven E. Williams, R.P.L.S. Texas Registration No. 4819 R~'" /p. tP9 Page 4 of 5 K:\proj\suNey\o2116801\Easements\doc\M&B ESMT TR 8.doc METES AND BOUNDS DESCRIPTION 0.0181 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT HCFCD - SPRING GULLY - TRACT 2) BEING 0.0181 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 10.320 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. K529266, Official Public Records of Real Property of Harris County, Texas, said 0.0181 acre tract of land is described by metes and bounds as follows: COMMENCING at a 5/8 inch "Texas Land Surveying" plastic capped iron rod on the South line of Fairmont Parkway (250 feet wide) for the Northwest corner of that certain 10.318 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. J818873, Official Public Records of Real Property of Harris County, Texas, and the Northeast corner of that same 236.0 acre tract of land designated as Tract One and described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. X202178, Official Public Records of Real Property of Harris County, Texas, from said capped iron rod a 1-1/4 inch copperweld rod on the South line of Fairmont Parkway bears South 86 degrees 55 minutes 22 seconds West, 1,329.69 feet; THENCE, North 86 degrees 55 minutes 22 seconds East along the South line of said Fairmont Parkway, passing at 85.01 feet the Northeast corner of said 10.318 acre tract and the Northwest corner of said 10.320 acre tract, continuing in all a total distance of 151.56 feet to the POINT OF BEGINNING of this tract herein described; THENCE, North 86 degrees 55 minutes 22 seconds East continuing along the North line of Fairmont Parkway, 11.20 feet to a point at the beginning of a non-tangent curve to the right whose radius is 35.00 feet and whose radius point bears South 59 degrees 43 minutes 11 seconds West; THENCE, in a Southerly direction along said curve through a central angle of 27 degrees 10 minutes 18 seconds, 16.60 feet; THENCE, South 03 degrees 06 minutes 31 seconds East, 47.02 feet to a point at the beginning of a tangent curve to the left whose radius is 7.00 feet; THENCE, in a Southeasterly direction along said curve through a central angle of 59 degrees 03 minutes 01 seconds, 7.21 feet to a point on the East line of said 10.320 acre tract which is the West line of Restricted Reserve "B" Replat, Bayport North Industrial Park Partial Replat No.1, a subdivision recorded in Harris County Film Code No. 516298, Map Records of Harris County, Texas; THENCE, South 03 degrees 06 minutes 31 seconds East along said line, 10.61 feet to a point at the beginning of a non-tangent curve to the right whose radius is 17.00 feet and whose radius point bears North 09 degrees 07 minutes 02 seconds East, from said point a 5/8 inch aluminum capped iron rod on said line bears South 03 degrees 06 minutes 31 seconds East, 540.79 feet; Page 3 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 8.doc Exhibit "C" THENCE, in a Northerly direction along said curve through a central angle of 16 degrees 29 minutes 22 seconds, 10.07 feet to the POINT OF BEGINNING and containing 0.0151 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. March 10,2009 Steven E. Williams, RP.L.S. Texas Registration No. 4819 t?J"/~. G);1. Page 2 of 5 K:\proj\survey\02116a01\Easements\doc\M&B ESMT TR a.doc Exhibit "e" METES AND BOUNDS DESCRIPTION 0.0151 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT HCFCD - SPRING GULLY - TRACT 1) BEING 0.0151 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 10.318 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. J818873, Official Public Records of Real Property of Harris County, Texas, said 0.0151 acre tract of land is described by metes and bounds as follows: COMMENCING at a 5/8 inch 'Texas Land Surveying" plastic capped iron rod on the South line of Fairmont Parkway (250 feet wide) for the Northwest corner of said 10.318 acre tract and the Northeast corner of that same 236.0 acre tract of land designated as Tract One and described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. X202178, Official Public Records of Real Property of Harris County, Texas, from said capped iron rod a 1-1/4 inch copperweld rod on the South line of Fairmont Parkway bears South 86 degrees 55 minutes 22 seconds West, 1,329.69 feet; THENCE, North 86 degrees 55 minutes 22 seconds East along the South line of said Fairmont Parkway, 8.04 feet to the POINT OF BEGINNING of this tract herein described; THENCE, North 86 degrees 55 minutes 22 seconds East continuing along the North line of Fairmont Parkway, 10.62 feet to a point at the beginning of a non-tangent curve to the left whose radius is 25.00 feet and whose radius point bears South 69 degrees 42 minutes 32 seconds East; THENCE, in a Southerly direction along said curve through a central angle of 23 degrees 23 minutes 59 seconds, 10.21 feet; THENCE, South 03 degrees 06 minutes 31 seconds East, 37.06 feet to a point at the beginning of a tangent curve to the right whose radius is 17.00 feet; THENCE, in a Southwesterly direction along said curve through a central angle of 88 degrees 39 minutes 06 seconds, 26.30 feet to a point on the West line of said 10.318 acre tract and the East line of said 236.0 acre tract; THENCE, North 03 degrees 06 minutes 31 seconds West along said line, 10.01 feet to a point at the beginning of a non-tangent curve to the left whose radius is 7.00 feet and whose radius point bears North 06 degrees 23 minutes 04 seconds West; THENCE, in a Northeasterly direction along said curve through a central angle of 86 degrees 43 minutes 27 seconds, 10.60 feet; THENCE, North 03 degrees 06 minutes 31 seconds West, 37.06 feet to a point at the beginning of a tangent curve to the right whose radius is 35.00 feet; Page 1 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR a.doc Il f !" :;: ", ,.. ~ OVl ~ !'> Exhibit "8" ~ CTlP1 ~2~~~ :- Z VlITl ill 9 ....~ 0 0 ;;1>z>> z:r i ~~ r-:$.!TIz::u >" CTl. ....0 iit x::O C' r::o 3:r> 1Tl' MALONE DRIVE (PVT.) 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Z "T}COOX :<::0 ::0 r :r ~g:ttj -l ;nfT1~ 0 0 t: 0 ::0 at 1"1 > ::0 g > U1 -.oJ Ot..lZUl ....~ Vi ::0 P rn 0) ;t'z" 0.......... l CD ~~ ^ ::0 ;:I:~~~ oolTl -l 0 ~ ;a~ n VI Vi 0 0 :-.~~ >01 :- C ~c 09g~ \ -0 s 0) Z ~> g " mf'l1311 VI f VI r= n ",> -0 0 0 ;;1 Z fT1 0 :-iO)Vir>i a ~~ fTI S VI 0 .... c ~>- ~ 0;& VI ." :< Z (I) > 311 ~3!~ 103: .... ....fT1 _fT1 . :< >f'I1Z \ Z ~ o~ ~ .... :;oC- -" o 3:: tiJ' > (()r- . P o~ : Alf'I1_0 -I>."t)C) ...., Zz 0) f'I1Z,,-f ~ . \ ~ :;0 S t'l II (I)-ff'l1~ ~ 0 0) U1 q U1 0 r ,r z Of'l1~--f . >0 AI 0(1)-> <: ~f'I1""OO 0 co3::f'I1-f lil f'I1C ;:I:~ r;~rn"'" 0~ ...., j I AI 311 00-l>.NO) \ rn - 9:>11"T1~ -.oJ 0 ~ :u<:~~~<11 ........ ::09 (0) f'I1 I OJ ::0 \)~.. _ \) I\J 3:: (") CD .... I " ::c g ~::o C1I 0 f'I1 0 ()) -I ~ .... b I . 0 ~J - VI :-t&C)-:-i . I o~9 -I>.\) I 0)0 '-.1::0 ):. :::! ~ DATE' DRAWN BY- ~ECI<ED El)"~' JWR OJ. No.: . 02 SEW -1168-01 TRACST OF WILLIAM M Ji:ND IN THE ABSTRACT N NES SURVEY COUN~ ~ IN HARRIS ~;~~EsiRI=KE BIG ISLA~ s' HCFCD. LOUGH) CITY OF LA PO 604 WEST F RTE LA PORT:'IRii~~1 PARKWAY 281_471_502J7571 SHEET: 5 of 5 Z ~. 1\ I ;Yd~ 1'--1 ;rnUl >C_ 01 ;t'nUl oOD (J)ZZ ~ 9g~o. Oo~ - ::10'" ...., :o",~lTlx \ ~;..>~ 0-,,0 -.oJ ;n' ZX ::oZ~~ 0 s"ll . ;>;>z-<o '09 fT1z >-() f'I1 ;Of' fT1z \ :X:CTl>"U -oFO .. ;;all&~ 0g~~ ~fTI3: I :-J ;-.~1ii~ ;-l~~~ o~~ -.oJ ",zz Ul....fT1 :;oF;;Z I O!. ~-J11Tl \ ~ ~ f-.-/\J :;00 I I g FOUND C 5t,.B" AP ED fkl.JlNMINUI~ ROD !:fY!!T~ 1500 5 LLARS. INe SUITE 20~AIRY ASHFORO HOUSTON PHONE 2e. TX 77077 f" AX 281_49:~;2~g66 Ul .... co '" "l. Z ~ "II ut ~ ...., i..... ~ N -I...... ~ --.J 0 '" a "II N f'I1 111- 'i~ 1ft ~ 0 ...e ... ~. ~Z"" ~ a ()! _ ...z , ~.. o 0,......... \ - - W<lii-U~ tlI. .>>(l1Nl1F!.t> t>IlIIWI<.'\I S07J~~o.fE 1A~~'TWdlfrlf:,'T \N\@. ~~ \ BIG ISLAND SLOUGH \ \ 230' H.c.F.C.D. FEE STRIP "BIG ISLAND SLOUGH" H.C.r.C.D. UNIT No. 8106-00-00 VOL. 8260, PG. 124 I D.R.H.C. T. N07~6'03"W 94.47' ~t)~-~-- _.....J-- S07.,6'03"E 93.75' C3 I N07'16'03"W 100.26' VI co 0> rj, '" N -J i '" -J ~ "->Z tJ1 o VI _ CD CD 0> ;"'" tit .... '" .... . - '" --! ~ ~ ... ?i ~ o J1 ~ ~ "'G ~ ~ -I'D Z :DO ~ ~- OJ ~!i 0) ut NO I\J :e "II N III 1ft -.oJ z 0 . ~ CD i f'I1 0> rj, Z .... '" N i P -< -J ri 0 0 ~ tn -J ,.. ~ Exhibit "8" THENCE, North 86 degrees 52 minutes 27 seconds East along the South line of Fairmont Parkway, 10.03 feet to the POINT OF BEGINNING and containing 0.0181 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. Steven E. i1lams, R.P.L.S. Texas Registration No. 4819 17/' //"1/9-- March 11, 2009 Page 4 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 33.doc Exhibit "B" METES AND BOUNDS DESCRIPTION 0.0299 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT HCFCD - BIG ISLAND SLOUGH - TRACT 2) BEING 0.0299 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 230 foot wide strip of land designated as "Big Island Slough" and described in the deed to Harris County Flood Control District recorded in Volume 8260, Page 124 Deed Records of Harris County, Texas, said 0.0299 acre tract of land is described by metes and bounds as follows: COMMENCING at a 1 inch illegible plastic capped iron rod on the South line of Fairmont Parkway (250 feet wide) at the intersection with an East line of said "Big Island Slough" for the Northwest corner of that same 49.366 acre tract of land described in the deed to Notsouh Development Corporation recorded in Harris County Clerks File No. 20080480467, Official Public Records of Real Property of Harris County, Texas, from said capped iron rod, a 5/8 inch aluminum capped iron rod for the Northeast corner of said 49.366 acre tract bears North 86 degrees 52 minutes 27 seconds East, 1,574.42 feet; THENCE, South 86 degrees 52 minutes 27 seconds West along the South line of said Fairmont Parkway, 24.29 feet to the POINT OF BEGINNING of this tract herein described; THENCE, South 07 degrees 16 minutes 03 seconds East, 93.75 feet to a tangent curve to the left whose radius is 7.00 feet; THENCE, in a Southeasterly direction along said curve through a central angle of 85 degrees 51 minutes 30 seconds, 10.49 feet; THENCE, North 86 degrees 52 minutes 27 seconds East, 17.78 feet to a point on an East line of said "Big Island Slough" and the West line of said 49.366 acre tract; THENCE, South 07 degrees 16 minutes 03 seconds East along said line, 10.03 feet; THENCE, South 86 degrees 52 minutes 27 seconds West, 18.51 feet to a tangent curve to the right whose radius is 17.00 feet; THENCE, in a Northwesterly direction along said curve through a central angle of 85 degrees 51 minutes 30 seconds, 25.47 feet; THENCE, North 07 degrees 16 minutes 03 seconds West, 94.47 feet to a point on the South line of Fairmont Parkway, from said point a 5/8 inch "Prejean" plastic capped iron rod for a Northwest corner of Restricted Reserve "C" of Bayport North Industrial Park II, a subdivision recorded in Harris County Film Code No. 625094, Map Records of Harris County, Texas bears South 86 degrees 52 minutes 27 seconds West, 474.40 feet and then South 86 degrees 50 minutes 30 seconds West, 548.82 feet; Page 3 of 5 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 33.doc Exhibit "B" Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. March 11, 2009 Steven E. Williams, R.P.L.S. Texas Registration No. 4819 /Jg ,//*P7" Page 2 of 5 K:\proj\surveY\02116801\Easements\doc\M&B ESMT TR 33.doc I Exhibit "B" I METES AND BOUNDS DESCRIPTION 0.0181 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT HCFCD - BIG ISLAND SLOUGH - TRACT 1) BEING 0.0181 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 230 foot wide strip of land designated as "Big Island Slough" and described in the deed to Harris County Flood Control District recorded in Volume 8260, Page 124 Deed Records of Harris County, Texas, said 0.0181 acre tract of land is described by metes and bounds as follows: COMMENCING at a 1 inch illegible plastic capped iron rod on the South line of Fairmont Parkway (250 feet wide) at the intersection with an East line of said "Big Island Slough" for the Northwest corner of that same 49.366 acre tract of land described in the deed to Notsouh Development Corporation recorded in Harris County Clerks File No. 20080480467, Official Public Records of Real Property of Harris County, Texas, from said capped iron rod, a 5/8 inch aluminum capped iron rod for the Northeast corner of said 49.366 acre tract bears North 86 degrees 52 minutes 27 seconds East, 1,574.42 feet; THENCE, South 86 degrees 52 minutes 27 seconds West along the South line of said Fairmont Parkway, 215.76 feet to the POINT OF BEGINNING of this tract herein described; THENCE, South 07 degrees 16 minutes 03 seconds East, 61.93 feet to a point at the beginning of a tangent curve to the right whose radius is 17.00 feet; THENCE, in a Southwesterly direction along said curve through a central angle of 82 degrees 33 minutes 52 seconds, 24.50 feet to a point on a West line of said "Big Island Slough" and the East line of Restricted Reserve "C", Bayport North Industrial Park II, a subdivision recorded in Harris County Film Code No. 625094, Map Records of Harris County, Texas; THENCE, North 07 degrees 16 minutes 03 seconds West along said line, 10.21 feet to a point at the beginning of a non-tangent curve to the left whose radius is 7.00 feet and whose radius point bears North 25 degrees 35 minutes 07 seconds West; THENCE, in a Northeasterly direction along said curve through a central angle of 71 degrees 40 minutes 56 seconds, 8.76 feet; THENCE, North 07 degrees 16 minutes 03 seconds West, 62.66 feet to a point on the South line of Fairmont Parkway, from said point a 5/8 inch "Prejean" plastic capped iron rod for a Northwest corner of said Reserve "C" bears South 86 degrees 52 minutes 27 seconds West, 278.12 feet and then South 86 degrees 50 minutes 30 seconds West, 548.82 feet; THENCE, North 86 degrees 52 minutes 27 seconds East, 10.03 feet to the POINT OF BEGINNING and containing 0.0181 acres of land. 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I"? g III I .!..)> "--0 -1'0,0 oZ coo-t ::0-0..., Ul-o::o . fTI 0 z::os;: N::E --..jfTI::E rri5~ - 0 0::0 I '0 -1':.0)> ~ ..., o C z o 01 ......... 00 -0 a r a >iTt"ll UlXO :::1___ :- O....Z v. (J) ... ~ ~rO Ul ~ -0>'" o - -oZ() ~ l'TJOo 0> OUl - a: '" -Ca: ;;; ~:::Om '" z;l;z ~ ~2 :g :::Ozz - gql:) Ul 00 0) .,; 01 N ~ ~ HlDTf~ HUITT-ZOLLARS, INC. lSOO S. DAIRY ASHFORD SUITE 200 HOUSTON, TX 77077 PHONE 281-<496-0066 FAX 281.<496.0220 NO. REVISION S03.06'31-E 10.01' 8109-00-00-02-002.0 POINT OF BEGINNING 10.318 ACRES TO: HARRIS COUNTY FLOOD CONTROL DISTRICT Z H.C.C.F. No. J818873 O.P.R.R.P.H. C. T. 0.4862 ACRES OF LAND IN THE WILUAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENTS. HCFCD . 236 ACRE TRACT) () o -0.." -00 fTIc :::Oz ~O r..... 01 ~ O.j>o. o . "'II J> - :II :: 0 I\) Z 11l q ::0 ... ~ fi ~ " I ~ ""< J> :II ~ == J> -< DATE Exhibit "A" THENCE, North 03 degrees 07 minutes 39 seconds West along the West line of said 136.0 acre tract and the East line of said 29.981 acre tract, 10.47 feet to a point at the beginning of a non-tangent curve to the left whose radius is 85.00 feet and whose radius point bears North 21 degrees 17 minutes 35 seconds West, from said point a 5/8 inch iron rod for a Northwest corner of said 236.0 acre tract bears North 03 degrees 07 minutes 39 seconds West, 277.21 feet; THENCE, in a Northeasterly direction along said curve through a central angle of 35 degrees 50 minutes 53 seconds, 53.18 feet; THENCE, North 32 degrees 51 minutes 32 seconds East, parallel to and 19 feet Southeast of the Southeast line of said Exxon Pipeline Company easement, 678.10 feet to a point at the beginning of a tangent curve to the right whose radius is 95.00 feet; THENCE, in a Northeasterly direction along said curve through a central angle of 54 degrees 03 minutes 49 seconds, 89.64 feet; THENCE, North 86 degrees 55 minutes 22 seconds East, parallel to and 54 feet South of the South right-of-way line of Fairmont Parkway, 1,296.52 feet to a point at the beginning of a tangent curve to the left whose radius is 7.00 feet; THENCE, in an Easterly direction along said curve through a central angle of 03 degrees 18 minutes 25 seconds, 0.40 feet to the POINT OF BEGINNING and containing 0.4862 acres of land. Bearings are based on the Texas State Plane Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in December 2008 and January 2009. March 12, 2009 Steven E. Williams, RP.l.S. Texas Registration No. 4819 tlJ./~ ~P;J' Page 2 of 3 K:\projlsurvey\02116801\Easements\doc\M&B ESMT TR 6.doc Exhibit "A" METES AND BOUNDS DESCRIPTION 0.4862 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN/BIKE EASEMENT HCFCD - 236 ACRE TRACT) BEING 0.4862 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 236.0 acre tract of land designated as Tract One and described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. X202178, Official Public Records of Real Property of Harris County, Texas, said 0.4862 acre tract of land is described by metes and bounds as follows: COMMENCING at a 5/8 inch "Texas Land Surveying" plastic capped iron rod on the South line of Fairmont Parkway (250 feet wide) for the Northeast corner of said 236.0 acre tract and the Northwest corner of that certain 10.318 acre tract of land described in the deed to Harris County Flood Control District recorded in Harris County Clerks File No. J818873, Official Public Records of Real Property of Harris County, Texas; THENCE, South 03 degrees 06 minutes 31 seconds East, 53.99 feet to the POINT OF BEGINNING of this tract herein described; THENCE, South 03 degrees 06 minutes 31 seconds East, 10.01 feet to a point at the beginning of a non-tangent curve to the right whose radius is 17.00 feet and whose radius point bears North 04 degrees 27 minutes 24 seconds West; THENCE, in a Westerly direction along said curve through a central angle of 01 degrees 22 minutes 46 seconds, 0.41 feet; THENCE, South 86 degrees 55 minutes 22 seconds West, parallel to and 64 feet South of the South right-of-way line of said Fairmont Parkway, 1,296.52 feet to a point at the beginning of a tangent curve to the left whose radius is 85.00 feet; THENCE, in a Southwesterly direction along said curve through a central angle of 54 degrees 03 minutes 49 seconds, 80.21 feet; THENCE, South 32 degrees 51 minutes 32 seconds West, parallel to and 29 feet Southeast of the Southeast line of that certain Exxon Pipeline Company easement designated as Bayport Pipeline Corridor "500" Segment 1 and described in the instrument recorded in Harris County Clerks File No. R930138, Official Public Records of Real Property of Harris County, Texas, 678.10 feet to a point at the beginning of a tangent curve to the right whose radius is 95.00 feet; THENCE, in a Southwesterly direction along said curve through a central angle of 37 degrees 48 minutes 58 seconds, 62.70 feet to a point on the West line of said 236.0 acre tract and the East line of that certain 29.981 acre tract of land described in the deed to Coastal Industrial Water Authority recorded in Harris County Clerks File No. E819078, Official Public Records of Real Property of Harris County, Texas; Page 1 of 3 K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 6.doc EXHIBIT A City of La Porte EXHIBIT B :I: ~ - ,J:. 0')