HomeMy WebLinkAbout09-13-06 Meeting of the La Porte Redevelopment Authority Minutes
La Porte Redevelopment Authority,
City of La Porte, Texas
Minutes of the Board Meeting
Held September 13, 2006
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting,
open to the public, on the 13th day of September 2006, and meeting was called to order at 6:31 p.m. in
Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was
called of the duly appointed members of the Board, to wit:
Peggy Antone
Dave Turnquist
Alton Porter
Horace Leopard
Doug Martin
JJ Meza
Michael Say
Chester Pool
Lin Pfeiffer
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9 - Chairman
. and all of the above were present except Director Meza, thus constituting a quorum. Also present at the
meeting were John Joerns, David Hawes, Joe Fogarty, Norman Reed and Russell Plank.
2. CONSIDER APPROVAL OF THE MINUTES OF THE MAY 24, 2006 BOARD OF DIRECTORS
MEETING
Upon a motion duly made by Director Pool and being seconded by Director Turnquist, the board
unanimously approved the minutes of May 24, 2006
3. REVIEW AND CONSIDER APPROVAL OF FISCAL YEAR 2006-2007 BUDGET
Mr. Joerns reviewed the proposed budget for Fiscal Year 2006-2007. Upon a motion duly made by
Director Martin and being seconded by Director Say, the board unanimously approved the Fiscal Year
2006-2007 budget.
4. CONSIDER AND TAKE APPROPRIATE ACTION ON BID TABULATION AND
RECOMMENDATION OF ANGEL BROTHERS ENTERPRISES, LTD AS CONTRACTOR AT A
BID PRICE OF $6,264,013.15 FOR SITE PREPARATION, STORM DRAINAGE IMPROVEMENTS,
SMALL DIAMETER WATER MAIN, SANITARY SEWER, PAVEMENT CONSTRUCTION,
TEMPORARY TRAFFIC CONTROL, PERMANENT TRAFFIC CONTROL & SIGNAGE AND
EXPORT DRIVE TO SERVE THE DEVELOPMENT OF PORT CROSSING
Mr. Joerns and Mr. Hawes reviewed the bid tabulations with the Board of Directors. Adjustments to the
bid were made due to requirements of Harris county Flood Control. Angel Brothers was still the low bid
after the adjustment. Upon a motion duly made by Director Leopard and being seconded by Director
Martin, the board unanimously awarded the contract to Angel Brothers and approved the amended bid of
$6,327,093.10.
5. CONSIDER AND TAKE APPROPRIATE ACTION ON BID TABULATION AND
RECOMMENDATION OF ANGEL BROTHERS AS CONTRACTOR AT A BID PRICE OF
$2,561,685.10 FOR CONSTRUCTION OF OFFSITE SANITARY SEWER, ONSITE PAVING,
ONSITE STORM SEWER, ONSITE SANITARY SEWER, ONSITE WATER LINE AND
APPURTENANCES TO SERVE THE DEVELOPMENT OF LAKES AT FAIRMONT GREEN
Mr. Joerns and Mr. Hawes reviewed the bid tabulations with the Board of Directors. Upon a motion duly
made by Director Leopard and being seconded by Director Martin, the board unanimously awarded the
contract to Angel Brothers and approved the bid of$2,561,685.10.
6. DISCUSS TIRZ GUIDELINES ORIGINALLY ADOPTED BY THE CITY
Mr. Joerns and David Hawes reviewed the TIRZ guidelines with the board and discussed possible
options or changes to the same. No action was taken.
7. STAFF REPORT AND UPDATES
· STATUS OF ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE (ZONING ORDINANCE), BY ADDING A SECTION
ENACTING EXTERIOR BUILDING DESIGN REQUIREMENTS FOR STRUCTURES
LOCATED WITHIN THE CITY'S TAX INCREMENT REINVESTMENT ZONE NUMBER
ONE
· UPDATE ON DEVELOPMENTS
Mr. Joerns gave an overview of the ordinance dealing with exterior building design requirements and
discussed the current status of development within the zone boundaries.
8. BOARD MEMBER COMMENTS
There were no board comments
9. ADJOURNMENT
Upon a motion duly made by Director Porter and being seconded by Director Say, the board
unanimously approved the motion to adjourn at 7:09 PM.
SIGNED:
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TITLE:
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DATE:
DATE:
~_.- AGENDA ITEM 3:
CONSIDER APPROVAL OR OTHER ACTION REGARDING THE LA PORTE
REINVESTMENT ZONE NUMBER ONE AND LA PORTE REDEVELOPMENT
AUTHORITY TO CONSENT THE ASSIGNMENT OF RIGHT TO
REIMBURSEMENT DATED OCTOBER 25, 2006 FROM 65 LA PORTE, L TD TO
FIRST NATIONAL BANK
"'.,;-.
CONSENT
Reinvestment Zone Number One, City of La Porte, Texas and La Porte Redevelopment
Authority (collectively, the "City") hereby consents to the Assignment of Right to
Reimbursement (TIRZ) dated October 25, 2006, from 65 La Porte, Ltd., a Texas limited
partnership, to First National Banle, a copy of said Assignment of Right to Reimbursement
(TIRZ) is attached hereto as Exhibit "A". The City agrees that payments owing by the City
under that certain Development Agreement dated August 4, 2004, executed by the City and 65
La Porte, Ltd., a Texas limited partnership, shall be paid directly to First National Bank until
otherwise notified in writing by First National Bank.
This consent is dated \-")o\€fvlhef d-. g , 2006.
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TE S
By:
Name:
Title:
A TT.E. sr}-7 //.'i
( ....! ....., // /
~I'=i~a
~E-. \1 'EiA~
I
LA PORTE REDEVELOPMENT AUTHORITY
By: l11:#~
Name: L, R. el er
Title: ---.Cj~ i(l'V\O.J
, ...,.e.
EXHIBIT "A"
ASSIGNMENT OF RIGHT TO REIMBURSEMENT
(TIRZ)
[ATTACH]
EXHIBIT "AI!
ASSIGNMENT OF RIGHT TO REIMBURSEMENT
(Pill)
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
FOR VALUE RECEIVED, the undersigned, 65 LA PORTE, LTD., a Texas limited
partnership ("Borrower"), hereby assigns, transfers and sets over unto FIRST NATIONAL BANK
("Lender"), with its principal office in Edinburg, Texas, Hidalgo County, Texas, all ofits rights, title
and interests in and to any and all ofthe monies, proceeds, reimbursements and other sums payable
to Borrower (whether now or hereafter) pursuant to that certain development agreement
("Development Agreement") made by and between THE CITY OF LA PORTE, TEXAS and
Borrower and relating to a project of Borrower which is soon to be ui:l.der development on all or a
- portion of the real property described ,in Exhibit "A" attached hereto. Borrower has executed a
certain Promissory Note ("Note") dated October 25, 2006, payable to the order of Lender in the
principal sum of $3,628,000.00, bearing interest as therein provided, to evidence a loan to provide
funds for the development of said project. Said Note is secured by a Deed of Trust, Security
Agreement - Financing Statement ("Deed of Trust") dated October 25, 2006, to M. V.
McCARTHY, Trustee, creating a lien on said property. All sums owing to Borrower as payments
and! or reimbursements pursuant to the Development Agreement shall be paid to Lender, irrespective
of any default by Borrower, to be applied againSt the indebtedness of Borrower to Lender evidenced
by said Note, said Deed of Trust and other loan documents, in such order and manner as Lender may
determine. Said parties to the Development Agreement shall be notified of this Assignment and
directed by Borrower to pay such sums directly to Lender.
Borrower hereby agrees to execute such further documents, and to perform such further acts
as Lender may reasonably require in order to carry out and perform the terms and provisions hereof.
Page 1
This Assignment shall not be deemed to impose upon Lender any of the Borrower's
obligations to develop said property in the absence of Lender's express written assumption of such
obligations .
Upon Borrower's full and final payment of the Note and any other indebtedness secured by
the Deed of Trust, then this Assignment shall be released by Lender, at Borrower's expense, and
thereafter Lender shall have no further obligation to make advances under the Note.
EXECUTED this the 25th day of October, 2006.
65 LA PORTE, LTD., a Texas limited partnership
By: NEHC Properties, Inc., a Texas
corporation, as general partner
By: ~~
Name(~ e og'
Title:l;President
THE STATE OF TEXAS
COUNTY OF ;/-MJe t'J
s
s
s
This instrument was acknowledged before me on the 8~ day of jtJovemf3-e1f!J, A.D.,
2006, by Joe Fogarty, President ofNEHC Properties, Inc., a Texas corporation, on behalf of said
corporation, general partner on behalf of 65 LA PORTE, LTD., a Texas limited partnership.
c&h1AUU~
DONNAL CUFFORD
MY COMMISSION EXPIRES
January 22, 2010
After recordinl! return to:
FIRST NATIONAL BANK
1817 F.M. 1960 West
Houston, Texas 77090
Attention: Melissa M. Chappell
(FNB Loan No. 320000670)
Page 2
EXHIBIT "A"
[Legal]
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT 1
BEING A 19.169 ACRE (835,002 SQUARE FEET) CALLED 835,020 SQUARE FEET OF lAND
COMPRISING PART OF THE TOWN OF LA PORTE (VOL 60, PG. 112, H.C.D.R) JOHNSON
HUNTER SURVEY, A-35, LA PORTE, ~RIS COUNTY, TEXAS AND IS MORE
PARTICULARLY DESCRISED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 5/B INCH IRON ROD AT THE NORTHWEST CORNER OF THIS 19.169
ACRE TRACT; SAlD POINT BEING COINCIDENT WlTH THE SOUTHWEST CORNER OF BAY
POINT (GARDENWAlK) TOWNHOMES (VOL 195, PG. 18, H C M R) AND THE EAST RlGHT-
OF-WAY LINE qF STATE HIGHWAY 146;
THENCE- SOUTH 89, DEGREES 59 MiNUTES 41- SECONDS EAST (CAlL, EAST); , ,
COINCIDENT WITH TIiE SOUTH BOUNDARY LINE OF SAID BAY POINT TOWNHOMES; A
DISTANCE OF 937.99 FEET TO A 5/B INCH IRON ROD SET AT THE NORTHEAST CORNER
OFTHfS 19169ACRETRACT;' '
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF LrITlE CEDAR
BAYOU PARKA DISTANCE; OF 46188 FEET TO A 518 INCH IRON ROD FOUND FOR
CORNER;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY LINE OF THAT CERTAIN 3.399
ACRE (TRACT lV), (HCCF NO. K784741) COMPRISING PART OF CITY OF LA PORTE BAY
FOREST GOLF COURSE; A DISTANCE OF 100 00 FEET TO A 518 INCH IRON ROD FOUND
FOR CORNER;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF SAID CITY OF
LA PORTE 3.399 ACRE TRACT A QISTANCE OF 467.73 FEET TO A 5/8 INCH IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF THIS 19 169 ACRE TRACT;
THENCE WEST COINCIDENT WITH THE NORTH BqUNDARY LINE OF TRAC/2 (20 000
ACRE TRACT) A DISTANCE OF S59 72 FEET TO ASlS INCH IRON ROD SET FOR
SOUTHWEST CORNER OF THIS 19. 169 ACRE TRACT;
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAYUNE OF STATE HlGHWAY 146, A DISTANCE OF 391.78 FEET TO A
SET 5/8 INCH IRON ROD FOR CORNER; .
THENCE SOUTH 87 DEGREES 58 MINUTES 30 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, A DISTANCE OF 16.60 FEET TO A
1/2 INCH IRON ROD FOUND FOR CORNER; ,
THENCE NORTH 00 DEGREES 31 MINUTES 19 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STA TE HIGHWAY 146. A DISTANCE OF 538.53 FEET TO
THE POINT OF BEGINNfNG.
EXHIBIT "A"
.
LEGAL DESCRIPTION
TRACT 2
BEING A 14.707 ACRE TRACT (640,616 SQUARE FEET) TRACT OF lAND IN THE TONN OF
LA PORTE (VOL 50, PG 112, ET SEa H.C.D R) W. P. HARRIS SURVEY, A-30, LA PORTE.
HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOUOWS:
BEGINNING AT A 518 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THAT
CERTAlN CITY OF LA PORTE BAY FOREST GOLF COURSE TRACT II (20.35 ACRES) AS
DESCRIBED IN HCCF NO. K784741 , AND THE SOUTHEAST CORNER OF THIS 14707 ACRE
TRACT;
THENCE SOUTH 87 DEGREES 50 ~INliTES 08 SECONDS WEST, COINCIDENT WITH THE
. NORTH ~IGHT..OF-WAY UNE OFVVHARrON WEEMS BOUI..E'iARD (HCCF # Estp165); A'.
bl5TANCE OF 712..51 FEET TO A 5/6 'INCH IRON ROO SET FOR THE SOUTHWEST .
CORNER OF THIS 14.707 ACRE TRACT AND FROM WHICH A 1/2 INCH IRON ROD WAS
FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST, 074 FEET;
THENCE NORTH COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT'9, (41 992
ACRES) AND THE WEST RIGHT -oF.WA Y UNE OF 6TH STREET (CLOSED BY HARRIS
COUN1Y COMMISSIONERS COURT VOL 5307, PG. 419, HCDR) A DISTANCE OF_9p.20
FEET TO A 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 14.707
ACRE TRACT;
THENCE EAST COINCIDENT WITH THE SOUTH BOUNDARY LINE OF CITY OF LA PORTE
SAY FOREST GOLF COURSE A DISTANCE OF 712.00 FEET TO A 5/8 INCH iRON ROD SET
FOR THE NORTHEAST CORNER OF THIS 14.707 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF CITY OF LA PORTE
SAY FOREST GOLF COURSE TRACT.!r, A DISTANCE OF 886 29 FEET TO THE POINT OF
BEGINNING.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 3
BEING A 9.075 ACRE. (395.31 0 SQUARE FEET) TRACT OF LAND IN THE TO'IM OF LA .
PORTE (VOL 60, PG 112 ET SEQ. HCDR) W.? HARRIS SURVEY. A-30, I.A PORTE, HARRIS
COUNTY, TEXAS. THE 9.075 ACRE TRACT IS MORE PARTlCUtARL Y DESCRIBED BY
METES AND BOUNDS AS FOUOWS;
BEGINNING AT A 5/8 INCH IRON ROD SET ON THE EAST RJGHT-OF-WAY UNE OF STATE
HIGHWAY 146 AT THE SOUTHWEST CORNER OF THIS 9.075 ACRE TRACT AND THE
NORTHWEST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL 6642, PG 439, HCDR);
THENCE IN A NORTHERLY DIRECTION COINCIDENT. WITH THE EAST RIGHT -QF-WAY
LINE OF STATE HIGHWAY 1:46. FOLt.OWING A CU~~. TO THE LEFT, SAID CURVE' .
HAVING A CENTAALANGLE OF 4 DEGREES 47 MINUTES 24 SECONDS ARAb!US OF
5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 16 DEGREES 26 MINUTES 45
SECONDS EAST, A DISTANCE OF 493.62 FEET FOR A TOTAL ARC DISTANCE OF 493.78
FEET TO A 5/8 INCH iRON ROD SET FOR THE NORTH'vVEST CORNER OF THIS 9 075 ACRE
TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 02 SECONDS EAST COINCIDENT WITH THE
SOUTH BOUNDARY UNE OF TRACT 8 (5.754 ACRE TRACT) A DISTANCE OF 655.09 FEET
TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THIS 9.075 ACRE .
TRACT;
THENCE SOUTH 12 DEGREES 55 MINUTES 2B SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY UNE OF.THAT CERTAIN CITY OF LA PORTE SAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (HCCF NO. 1<784741) A DISTANCE OF 773.7B FEET TO A
5/8 INCH IRON ROD SETFOR THE SOUTHEAST CORNER OF THIS 9 075 ACRE TRACT;
THENCE NORTH 35 DEGREES 34 MINUTeS 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY UNE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT EASEMENT A DISTANCE OF 101.50 FEET TO A 5/8 INCH IRON ROD FOUND FOR
CORNER;
THENCE NORTH 70 DEGREES 19 MINUTES 18 SECONDS WEST corNCIDENT WITH THE
NORTH RIGHT-OF-WAY UNE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT DRAINAGE EASEMENT A DISTANCE OF 597.61 FEET TO THE POINT OF
BEGINNING.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 4
BEING A 20.1190 ACRE (876,385 SQUARE FEET) CAlLED (876,392 SQUARE FEET) TRACT
OF LAND IN THE W. P. HARRIS SURVEY, A-30, LA PORTE HARRIS COUNTY, TEXAS. SAID
20.1190 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: .
BEGINNING AT A SET 5/8 INCH IRON ROD MARKING THE NORTH RIGHT-OF-WAY LINE OF
McCABE ROAD AND THE EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146, SAID .
POINT BEING THE SOUTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
. THENCE NORTH 23.DEGREES 27 MINuTEs 22 SECONDS EAST, COINCIDENT WITH THE
. EAST RIGHT-0F-WAY LINE OF STATE HIGHVVAY-146, A DISTANCE OF 706.52 fEET (CAlL
708~06 FEET) TO ACONC~ETE HIGHWAY MONUMENT FOUND FOR A POIN"( OF
CURVATURE; .... . .
THENCE IN A NORTHERLY DIRECTION, COINCIDENT Wffii THE EAST RIGHT-OF-WAY
LINE OF STATE HIGHWAY 148, FOLLOWING A NON~TANGENT CURVE TO THE l&l. SAID
CURVE HAVING A CENTRAL ANG~ OF 3 DEGREES 31 MINUTES 23 SECONDS, A RADIUS
OF 5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 21 DEGREES 40 MINUTES
DB SECONDS EAST. 363.10 FEET. FOR AN ARC DISTANCE OF 363. 15 FEET TO A 51'S INCH
IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE SOUTH 70 DEGREES 19 MINUTES 18 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL 6642, PAGE 439, H.C D.R.); A DISTANCE
OF 56261 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH 35 DEGREES 34 MINUTES 35 SECONDS EAST; COINCIDENT WITH THE
WEST RIGHT-OF-WAY LINE OF SAID HARRIS COUNTY FLOOD CONTROL DIsTRICT'
DRAINAGE EASEMENT, A DISTANCE OF 651.96 FEET TO A SIB INCH IRON ROD SET FOR
CORNER;
THENCE SOUTH 00 DEGREES 41 MINUTES 16 SECONDS EAST, COINCIDENT WITH THE
WEST RIGHT-OF-WAY UNE OF SAID HARRIS COUNTY FLOOO CONTROL DISTRICT
DRAINAGE EASEMENT, A DISTANC~ OF 26987 FEET TO A 1/2lNCH IRON ROD FOUND
FOR THE SOUTHEAST CORNER OF mIS-20_1190 ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 39 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF McCABE ROAD, A DISTANCE OF 132760 FEET TO THE
POINT OF BEGINNING.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 5
BEING A 4.973 ACRE (216,624 SQUARE FEET) TRACT OF lAND IN THE W.P. HARRIS
SURVEY, A-3D, LA PORTE, HARRIS COUNTY, TEXAS. THE 4.973 ACRE TRACT IS MORE
PARTICULARLY 1;)ESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 112/NCH IRON ROD FOUND ON THE NORTH RIGHT-OF-WAY UNE OF
MCCABE ~OAD AT THE SOunlWEST CORNER OF THIS 4.973 ACRE TAAcT AND THE
SOUTHEAST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE DITCH EASEMENT (VOL. 6642, PG 439 HCDR};
THENCE NORTH 0 DEGREES 41 MINUTES 16 SECONDS WEST COINCIDENT WITH THE
~ST R1GHT.:.QF-WAY UNE OFSAlD'HCFCD DRAlNAGEDITCHEA$EMENT A DISTANCE
OF 300.02 FEET TO A 51BINCH IRON ROO FOUND FO~ THE" NORTHWEST CORNER OF "
THIS 4 973 ACRE TRACT;
THENCE SOUTH 89 DEGREES 49 MINUTES 39 SECONDS EAST, COINC/DENT WITH THE
SOUTH BOUNDARY UNE OF THAT CERTAIN OilY OF LA PORTE SAY FOREST GOLF.
COURSE TRACT III (69.35 ACRES) (HCCF NO..K(84741) PASSING AT 4 56 FEET A 518 INCH
IRON ROD FOUND ON UNE. .FOR A TOTAL DISTANCe OF 724.56 FEET TO A S/8INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF THIS 4 973 ACRE TRACT;
THENCE SO,UTH 0 DEGREES 15 MINUTES 09 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY UNE OF FOREST vtSN MOBILE HOME PARK (ABANDONED
T1DEWOOD SUBDIVISION SECTION ONE) (VOL. 66, PG 61, HCMR) A DISTANCE OF 300 00
FEET TO A 5/8 INCH IRON ROD FOUND FOR "DiE SOUTHEAST CORNER OF TIiIS 4_973 -
ACRE TRACT;
THENCE NORTH B9 DEGREES 49 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORm RIGHT-OF-WAY LINE OF MCCABE ROAD, A DISTANCE OF 71964 FEET TO THE
POINT OF BEGINNING .
EXHJ81T "AU
LEGAL DESCRiPTION
TRACT 6
BEING A 2.8755 ACRE (125,2S8 SQUARE FEE!) TRACT OF lAND IN THE TOWN OF LA
. PORTE (VOL 60, PG. 112 ET. SEa. H.C.O.R.), W. P. HARRIS SURVEY, A-30, LA PORTE,
HARRIS COUNTY, TEXAS. SAID 2.8755 ACRE TRACT BEING MORE PARTlCUlARl Y
DESCRIBED BY METES AND BOUNDS AS FOUOWS:
8EGINNING AT A 5/8 INCH IRON ROD SET MARKlNG THE INTERSECTION OF SOUTH
RIGHT-OF-WAY UNE OF WHARTON WEEMS BOULEVARD (H.C C F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 145;
THENCE NORTH 89 DEGREES 01 MINU7ES 35 SECONDS EAST, COINCIDENT\tVfTH THE
SOUTH RIGHT-OF-WAY UNE OF WHARTON W'EE~~BOULEVARD, FOR A DISTANCE OF
190.05 FEET TO HCGHWAY MONUMENT (BRASS CAP IN CONCRETE). FOUNO FOR .
CORNER;
THENCE NORTH 86 DEGREES 46 MrNUTES 31 SECONQS EAST, COINCIDENT WITH THE
SOUDi RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
8353 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH, FOR A DISTANCE OF 358.40 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE WEST, FOR A DISTANCE OF 402.51 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE NORTH 14 DEGREES 54 MINUTES 28 SECONDS EAST, COINCIDENT WlTHTHE
EAST RIGHT-OF-WAY lINE OF STATE HIGHWAY 146, FORA DISTANCE OF 181.06 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 10 DEGREES 32 MINUTES 41 SECONDS EAST, COINCIDENTWfTH THE
EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146, FOR A DISTANCE OF 127.65 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 49 DEGREES 47 MINUTES 08 SECONDS EAST, FOR A DISTANCE OF
77.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.8755 ACRES OF !.AND
EXHIBIT II A"
TRACT 7
BEING A 16.586 ACRE (722.474 SQUARE FEED TRACT OF lAND IN THE TOWN OF LA
PORTE (VOL 80, PG. 112. H.C.D.R.), W. P. HARRIS SURVEY. A-30. LA PORTE, HARRIS
COUN1Y. TEXAS. THE 16.586 ACRE TRACT IS MORE PARTICUlARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
SEGtNNING AT A 5/8 INCH IRON ROD FOUND MARKlNG THE NORTHWEST CORNER OF
THAT CERTAIN CITY OF LA P'ORTE BAY FOREST GOLF COURse TRACT III (69 35 ACRES)
(H C C.F NO. K784741) AND THE NORTHEAST CORNER OF THIS 16.586 ACRE TRACT;
SAID CORNER BEING COINCIDENT WITH THE SOllTH RlGHT -OF-WAY UNE OF WHARTON
WEEMS BOULEVARD (H C C.p NO. E563165);
. TIiENCE SOUTH; COINCII:>ENTWITH THE WEST aOUNDARy. UNE OF SAID CITY OF LA. .
'PORTE BAY FOREST GoLF COURSE; AOISTANCE OF 545-.03 FEET.TO'THE SOUTHEAST
CORNER OF THIS 16.586 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH
13 DEGREES 24 MINUTES WEST, 0.47 FEET;
THENCE, NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCIDENT WITH THE
NORTH BOUNDARY UNE OF SAID CITY OF LA pORTE SAY FOREST GOLF COURSE, A
DISTANCE OF 1402.12 FEET TO A 51B INCH IRON ROO SET FOR THE SOUTHWEST
CORNER OF THIS 16.586 ACRE TRACT;
THENCE NORTH, COINCIDENT WITH THE EAST BOUNDARY UNE OF TRACT a (5.754
ACRES); A DISTANC'E OF 485.53 FEET TO A 5la INCH IRON ROO FOUND' FOR THE
NORTHWEST CORNER OF THIS 16 5B8ACRE TRACT;
THENCE NORTH 87 DEGREES 50 MINUTES 08 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF
140311 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16 586 ACRES OF LAND.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 8
BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF lAND IN THE TOWN OF LA
PORTE (VOL 60. PG. 112 ET SEQ. KC D.R.), W.P. HARRIS SURVEY. A-30, LA P0RTE.
HARRIS COUNTY, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD SET MARKlNG THE INTERSECTION OF SOUTH
RIGHT-OF-WAY UNE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146;
THENCE IN A NORTHEASTERLY DIRECTION COINCIDENT WITH THE SOUTH RIGHT -oF-
WAY UNE OF WHARTON WEEMS BOULEVARD FOLLOWING A CURVE to THE RIGHT
HAVING A CENTRAL ANGLE OF 79 DEGREES 09 MINUTES 19 SECONDS. A RADIUS 01=
55.00 FEET AND A CHORD BEARING OF NORTH 50 DEGREES 02 MINUTES 20 SECONDS
EAST FOR A DISTANCE OF 70.08 FEET, FOR AN ARC DISTANCE OF 75.98 FEET TO A
HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 01 MINUTES 35 S!=CONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
212.00 E=EEr TO HIGHWAY MONUMENT (BRASS C.A.P IN CONCRETE) FOUND FOR '
CORNER;
THENCE NORTH 85 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDErhwnli THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOUlEVARD, FOR A DISTANCE OF
83.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AND POINT OF BEGINNlNG FOR
THE HEREIN DESCRIBED TRACT;
THENCE NORTH 66 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY liNE OF WHARTON WEEMS BOULEVARD. FOR A DISTANCE OF
235.96 FEET TO A HIGHVVAY MONUMENT (8~SS CAP IN CONCRETE) FOUND FOR
CORNER; ..
THENCE NORTH 87 DEGREES 50 MINlJTES 08 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF wHARTON WEEMS BOULEVARD, A DISTANCE OF 87.56
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF THIS 5.754
ACRE TRACT
THENCE SOUTH,COINCIDENTWITH THE WEST BOUNDARY LINE OF TRACT 7 (16.586
ACRES), FOR A DISTANCE OF 485.53 FEET TO A5/SINCH IRON ROD SET FOR CORNER
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST COINCIDENT WITH THE
NORTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA 'PORTE SAY FOREST GOLF
COURSE TRACT III (99.35 ACRES) (H C C F. NO. K7B4741). FOR A DISTANCE OF 100.00
FEET TO A 5/8 INCH JRON ROD FOUND FOR CORNER;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WEST130UNDARY UNE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE FOR A
DIST ANCEOF 80.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COJNCIDENT WITH THE
NORTH BOUNDARY UNE OF TRACT 3 (9.075 ACRES). FORA DISTANCE OF 655:09 FEET
TO THE SOUTHWEST CORNER OF THIS 5.754 ACRE TRACT. FROM WHICH A FENCE
CORNER BEARS SOUTH 34 DEGREES 31 MINUTES EAST 1.09 FEET,
THENCE NORTH 11 DEGREES 37 MINUTES 20 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT -OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 188.89 FEET
TO A 518 INCH IRON ROD SET FOR CORNER;
EXHIBIT "An
<'lrllL+ ~ (O\\-\1nue.&
THENCE EAST, corNCIDENT WITH THE SOUTH BOUNDARY UNE.OF TRACT 6 (2.8755
ACRES) FOR A DISTANCE OF 406.21 FEET TO A SIB INCH IROl-l ROD SET FOR CORNER;
THENCE NORTIi, COJNCIOENT WITH THE EAST BOUNDARY UNE OF TRACT 6 (2.B755
ACRES), FOR A DISTANCE OF 358...40 FEET TO THE POINT OF BEGINNING AND
CONTAINING SAiD 5.754 ACRES (250,652 SQ. Fr.) OF lAND.
EXH f8fT "A"
LEGAL DESCRIPTION
TRACT 9
BEING A 41.992 ACRE 0,829.187 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL 50, PG. 112 H.C.D.R.), JOHNSON HUNTER SURVEY, MS, AND W. P. HARRIS
SURVEY, A-30, LA PORTE, HARRIS COUNTY, TEXAS, AND BaNG MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: .
SEGINNING AT A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE EAST RIGHT.
OF-WAY LINE OF STATE HIGHWAY 145 WITH THE NORTH RIGHT-OF-WAY LINE OF
WHARTON WEEMS BOULEVARD (H.C,C F NO. E563165).
THENCE IN A NORTHERLY DIRECTION, WITH THE EAST LINE OF STATE HIGHWAY 146,
FOLLOWING A NON-TANGENT CURVE TO THE lEFT. HAVING A CENTRAL ANGLE OF 05
DEGREES 44 MINUTES 36 SECONDS, A RADIUS OF 5906.03 FEET, CHORD BEARING AND' ~
DISTANCE OF NORTH 03 DEGREES 18 MINUTES 00 SECONDS EAST, 694.70 FEET, AN
ARC DISTANCE OF 695.10 FEETTOA5J8 INCH I~ON ROD SET AT "THE POINT OF
TANGENCY;
THENCE NORTH 00 DEGREES 02 MJNUTES 01 SECONDS EAST,.CONTINUIt:/G WITH THE;
EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146. FOR A DISTANCE bF 657.45 FE,ET
TO THE NORTHWEST CORNER OF. THIS 41.992 ACRE TRACT, BEING THE SdtOl-iwEST
CORNER OF TRACT 2 (20.00 ACRE TRACT), FROM WHICH A FENCE CORN~ BEARS
SOUTH 38 DEGREES 26 MINUTES EAST, 1.36 FEET;
THENCE NORTH 90 DEGREES 00 MINUTE~ 00 SECONDS EAST, WITH THE SOUTH LINE
OF -g- STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT, VOLUME 5307,
PAGE 419 HARRIS COUNTY DEED RECORDS), PASSING AT 860_31 FEET THE
SOUTHEAST CORNER OF TRACT 2 AND THE SOUTHWEST CORNER OF THAT CERTAIN
3.399 ACRE TRACTlV (HARRIS COUNTY CLERKS FILE NO. 1(784741), PASSING AT 960.31'
FEET THE SOUTHWEST CORNER OF THE 3.399 ACRE TRACT. AND THE SOUTHWEST
CORNER OF THE CIlY OF LA PORTE BAY FORREST GOLF COURSE, FOR A TOTAL
DISTANCE OF 1286.40 FEET CAlLED 1238.31 FEET TO THE NORTHEAST CORNER OF
THIS 41.992 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH 03 DEGREES
48 MINUTES WEST, 1.80 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST. WITH THE WEST LINE OF
6TH STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT. VOLUME 5307.
PAGE 419. HARRIS COUNTY DEED RECORDS), PASSING AT 480.00 FEET CALLED 450.00
FEET THE SOUTHwEST CORNER OF CITY OF LA PORTE SAY FOREST GOLF COURSE
AND THE NORTHWEST CORNER OF TRACT 2 (14.707 ACRE TRACn, FOR A TOTAl
DISTANCE OF 1393.20 FEET CALLED 1383.20 TO THE SOUTHEAST CORNER OF THIS
41.992 ACRE TRACT AND THE SOlJTH'NEST CORNER OF TRACT 2, FROM WHICH A 5/8
INCH IRON ROD FOU~D BEARS SOUTI-f 03.DEGREES 55 MINUTES 'vVEST, 0.74 FEET;
THENCE SOUTH 87 DEGREES 50 MINUTES 08 SECONDS WEST, WITH THE NORTH UNE
OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 782.69 FEET, FROM WHICH A
TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 16
DEGREES 39 MINUTES EAST, 046 FEET;
THENCE NORTH 89 DEGREES 28 MINUTES 42 SECONDS WEST; CONTINUING lNlTH THE
NORTH UNE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 317.48 FEET,
FROM WHICH A TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS
SOUTH os DEGREES 35 MINUTES EAST, 0 86 FEET;
If-ciL{-~ <=-.o\'\-f\Yl Je~
EXHIBIT" A"
THENCE, SOUTH 89 DEGREES 10 MINUTES 37 SECONDS WEST, CONTINUING WITH THE
NORTH LINE OF WHARTON WEEMS BOULEVARD, FOR A DlSTANCE OF 173.73 F1=ET, TO
THE BEGINNfNG OF A NON TANGENT CURVE TO THE RIGHT. FROM WHICH A TX. DOT
CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 12 DEGREES 48
MINUTES EAST. 1.07 FEET;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTIi LINE OF WHARTON
WEEMS BOULEVARD, FOLLOWING A CURVE TO l1iE RIGHT HAVING A CENTRAL ANGLE
OF 95 DEGREES 21 MINUTES 19 SECONDS, A RADIUS OF 55.00 FEET. CHORD BEARING
AND DISTANCE OF NORTH 41 DEGREES 01 MINUTES 19 seCONDS WEST, 81 33 FEET;
FOR AN ARC DISTANCE OF 91 53 FEET TO THE POINT of: BEGINNING, AND CONTAINING
41 992 ACRES OF LAND..
AGENDA ITEM 4:
DISCUSS REIMBURSEMENT AGREEMENT FOR ADDITIONAL PUBLIC
IMPROVEMENT DISTRICT AMENITY PROPOSED BY 65 LA PORTE, L TD (LAKES AT
FAIRMONT GREEN) ALONG TAYLOR BAYOU EASEMENT
See attached back up.
Discussion and receive direction from TIRZ/ Authority.
City of La Porte
Interoffice Memorandum
To:
From:
TIRZ Board/Redevelopment Auth ity
John Joerns, Interim City ~- filEf'r
r1-!
'V
November 3, 2006
FILE c~~y
\;. i
Date:
Subject:
TI RZ Agenda Item
The attached agenda item was on the November 6, 2006, City Council Agenda and will be on
the next TIRZ Board/Redevelopment Authority agenda.
Arete Corporation will present the concept at the next meeting. Melisa will poll the board next
week.
JJ/SG
Attachments
xc: Mayor and Council w/o attachments
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: November 6. 2006
Requested By: Wavne sa~W
Source of Funds:
NA
Account Number:
NA
Department:
Plannin!!
Amount Budgeted: NA
Report: -X..-Resolution: _Ordinance:
Exhibits: Letter to Mr. Joe Fogarty (October 31,2006)
Letter from Arete Development
Exhibit, Fairmont Greens Bayou Crossing
Exhibit, Fairmont Greens Recreational Trail
Exhibit, La Porte Pedestrian Trail Plan
SUMMARY
Staff received a request from Mr. Joe Fogarty to present a concept concerning planned amenities for the
Lakes at Fairmont Greens residential development. At issue is the Harris County Flood Control District's
(HCFCD) portion of Taylor Bayou. The developer is proposing consideration for the City of La Porte to
accept a segment of Taylor Bayou bounded by SH. 146 and McCabe Road from HCFCD into public
domain (See Exhibit, Fairmont Greens Recreational Trail).
As with the Port Crossing and Bayforest Retreat developments, HCFCD, during the review process of the
drainage outfall structures for the developments, requested additional easements for maintenance
purposes. Additional allocation, however, has a detrimental effect upon the lots planned for the
subdivision. The concept being presented would have the City accept responsibility for the stated portion
of Taylor Bayou and, in turn, turn the maintenance responsibilities over to the Public Improvement
District (Pill) for that housing development. HCFCD will only consider abandoning easements to
governmental agencies.
It must be understood that the City views the portion of the HCFCD channel that Arete wants the City to
accept into public domain as being strategically placed so that any action or modification made on this
segment of channel affects all developments upstream and downstream; specifically Port Crossing and
The Preserve at Taylor Bayou. Modifications considered for this portion of the Bayou will require
technical review by the Engineering Staff. Council could accept responsibility for maintenance as is.
Staff, however, recommends that should the Council consider accepting responsibility for the subject
portion of Taylor Bayou, these steps be accomplished:
1. Arete must appear before the TIRZ Board to brief the concept and receive approval for funding
the project. Plats and Construction Drawings must be reviewed and approved by Harris County,
HCFCD and the City. The City must receive a copy of the Express Approval Sheet from Harris
County .
2. The subject channel be incorporated into a public amenity that benefits the entire project in order
for Public Improvement District funding to be allocated to the maintenance of the project.
Submitted Plats must reflect this amenity as a detention reserve, dedicated to the public with the
City's right of entry. All pedestrian, water or park features must be incorporated into the channel
improvements and not overlapping any public ROW (e.g. alley).
3. Construction drawings for the fence bordering Section 1 and Taylor Bayou must be reviewed and
approved by the City. HCFCD and the City of La Porte share the same concern over maintenance
issues resulting from the proximity of the privacy fence to the berm of Taylor Bayou. This fence
must be properly engineered and be commercial grade. It should be noted that the land plan for
the neighboring Section 9 has not, as yet, been approved.
Mr. Fogarty will present the concept during the workshop in an expanded format.
Action Required bv Council:
1. Direct issues and concerns to Staff for formal input to Arete Development.
2. Direct Staff to coordinate and prepare appropriate documentation with HCFCD should
consideration be favorable.
3. Provide guidance on any other issues identified.
1I)//;'6
Date I (
City of La Porte
Established 1892
October 31, 2006
Mr. Joe Fogarty
Arete Real Estate Development
340 N. Sam Houston Pkwy. East, Suite 100
Houston, TX 77060
RE: Letter Dated October 25, 2006
Dear Mr. Fogarty:
Your letter does not accurately reflect previous conversations regarding City maintenance of Taylor Bayou.
In past discussion with Mr. Reed he noted that 65 La Porte L TD is unwilling to adjust the plat to secure
HCFCD approval. The City staff stated they would entertain a positive recommendation to City Council to.
take over maintenance of this stretch of Taylor Bayou (and incorporate it into the PID) ifit were redesigned
and developed into an amenity feature. Of course, the final decision rests with City Council and the
TIR.Z/Redevelopment Authority. Mr. Reed indicated that was a feasible approach and noted willingness to
dedicate land to the south of Taylor Bayou.
Please coordinate with Wayne Sabo regarding the conceptual approach and presentations to City Council and
the TIRZ/Redevelopment Authority.
JJ/ml
c: Wayne Sabo, Director of Planning and Community Development'
David Hawes, TIRZ/ Authority Consultant
RECEIVED
OCi ' , ~'n.a.'"
.'0
PL {t fltBffi U." r-
~ . fi81iiVgg"''>N(' f"i,r;~~'",-
Ii ~\v:.J LtCrl: I ~
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
ARETE
Real Estate €r
Development Co.
340 N. Sam Houston Pkwy. E., # 100 · Houston, Texas 77060
(281) 272-6134 · (281) 260-9798 fFAX)
October 25,2006
RECEIVED
OCT 2 7 2006
Mr. John Joerns
Interim City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77572-1115
ASSISTANT CITY
MANAGER'S OFFICE
Dear Sir:
Please provide a letter to Harris County Flood Control concerning the maintenance of
Taylor Bayou between Highway 146 and McCabe Road in La Porte. This letter is
necessary in order for me to get Harris County Flood Control approval of my
construction plans. I would like the letter to be similar to the attached.
Sincerely,
~~
~:s~~ent
JF/dlc
ARETE
Real Estate 6-
Development Co.
340 N. Sam Houston Pkwy. E" # 100 · Houston. Texas 77060
(231) 272-6134 · (281) 260-9798 (FAX)
October 31,2006
Mr. Wayne Saba
City of La Porte
604 West Fairmont Parkway
LaPorte, IX 77571
Re: Lakes at Fairmont Gt'eens
Dear'Mr.. Saba:
In order to move our development forward, we need the City of La Porte to accept for
maintenance that portion of Taylor Bayou from 146 to McCabe Road, This maintenance
would be done through the development authority which will administer the PID created in
support of our Lakes at Fairmont Greens development.. Ihe property which we own is
bisected by Taylor Bayou.
HaIris County Flood Control will only approve ow plans under one of two sceruuios" One of
those requires us to grant to ~ris County Food Control an additional 30' of width in
exchange for their continued maintenance of this stretch of the Bayou. The other scenario
requires the City agree to accept future maintenance of the stretch of the Bayou. The first
scenario would require that we redo our land plan, redo our constmction plans and
engineering, request a variance of street setbacks for some of the lots and change some of the
lots sizes.. The additional easement would not be affective unless also granted across the golf
course.. Even if that solution were acceptable, the level of maintenance then provided by
Flood Control only allow for mowing twice a year. It is my view thai this is an unacceptable
level of maintenance.. A number of homes which baek up to this Flood Control easement ar'e
within the boundaries of the PID and would be paying a maintenance assessment equal to all
others in the development and have a right to expect that the drainage facility behind their
homes would be maintained to the same standard as that easement between the development
and the golf COUIse"
The drawings attached illustrate the route of the walkway which goes between the chain of
lakes- and the golf COUI'Se crosses I ayloI' Bayou and continues down to McCabe Road with a
bridge crossing TayloI Bayou.. Thatportion'ofthe walkway will be landscaped and lighted
similar'to all the walkways in the development. This is not a change.. lhis is the same plan
previously approved. This scenario enhances the quality of our proposed development.
Thank: you for yow' assistance in this matter.
S.e~'~
President
Ci
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CITY OF LA PORTE
TRAIL IMPLEMENTATION PLAN
UNPROTECTED' CROSSING {TYPE 1)
REOJRECTEDCRPSSINGTIYPE 2)
NEW SIGN;4;LiZED CRClSSING(TYPE 3}
scALe, INMILES(
^".-.
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AGENDA ITEM 5:
DISCUSS REIMBURSEMENT AGREEMENT AND ITEMS ELIGIBLE FOR
REIMBURSEMENT FOR RETREAT A T BAY FOREST SUBDIVISION
Items to be provided at the meeting by Hawes Hill and Associates.
J
DRAFT
Exhibit B
Retreat at Bav Forest I Elicible TIRZ Items
From Guidelines: (Still Requires Board Approval)
E lea) Offsite Water Lines ~ construction & engineering
E 1 (a) Offsite Sewer Lines ~ construction & engineering
E lea) Offsite Stormwater Improvements ~ construction & engineering
E 1 (e)( d) Detention Basin (benefit to downstream public)
o Construction & engineering
Entrance Road
E lea)
Off site road (South "s" ~ ? re-name)
(gains a lot for development & will serve development to the north)
Possible Eligible Items (Discuss with TIRZ Board/get more information)
E 1 (e) Off site sidewalk (along South S)
Also, for follow up:
o Covenants/future maintenance of commons/detention basin, etc.
o Fence approval along Golf Course and BroadwaylWharton Weems ifupgrade
considered
o Homeowners covenant/recognize they live adjacent to the Golf Course
(for adjacent lots)
o Harris County Flood Control approval
Need: the cost estimates for eligible items and schedule and projected taxable values
CONSENT
Reinvestment Zone Number One, City of La Porte, Texas and La Porte Redevelopment
Authority (collectively, the "City") hereby consents to the Assignment of Right to
Reimbursement (TIRZ) dated October 25, 2006, from 65 La Porte, Ltd., a Texas limited
partnership, to First National Banle, a copy of said Assignment of Right to Reimbursement
(TIRZ) is attached hereto as Exhibit "A". The City agrees that payments owing by the City
under that certain Development Agreement dated August 4, 2004, executed by the City and 65
La Porte, Ltd., a Texas limited partnership, shall be paid directly to First National Bank until
otherwise notified in writing by First National Bank.
This consent is dated _~l-eThW-a q , 2006.
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS
By: ~16
Name: L. e, ~. cr
Title: Ghb\ I1A\AJ> tJ
LA PORTE REDEVELOPMENT AUTHORITY
BY:~~
Name: L \ Q, . y"
Title: _c.h~, 'i2.lVl.o U
EXHIBIT "A"
ASSIGNMENT OF RIGHT TO REIMBURSEMENT
(TIRZ)
[ATTACH]
EXHIBIT "A"
ASSIGNMENT OF RIGHT TO REIMBURSElVIENT
(Pill)
THESTATEOFTEXAS ~
~
COUNTY OF HARRIS ~
FOR VALUE RECEIVED, the undersigned, 65 LA PORTE, LTD., a Texas limited
partnership ("Borrower"), hereby assigns, transfers and sets over unto FIRST NATIONAL BANK
("Lender"), with its principal office in Edinburg, Texas, Hidalgo County, Texas, all of its rights, title
and interests in and to any and all of the monies, proceeds, reimbursements and other sums payable
to Borrower (whether now or hereafter) pursuant to that certain development agreement
("DeveIopment Agreement") made by and between THE CITY OF LA PORTE, TEXAS and
Borrower and relating to a project of Borrower which is soon to be under development ob. all or a
portion of the real property described ,in Exhibit "A" attached hereto. Borrower has executed a
certain Promissory Note ("Note ") dated October 25, 2006, payable to the order of Lender in the
principal sum of$3,628,000.00, bearing interest as therein provided, to evidence a loan to provide
funds for the development of said project. Said Note is secured by a Deed of Trust, Security
Agreement - Financing Statement ("Deed of Trust") dated October 25, 2006, to M. V.
McCARTHY, Trustee, creating a lien on said property. All sums owing to Borrower as payments
and/or reimbursements pursuant to the Development Agreement shall be paid to Lender, irrespective
of any default by Borrower, to be applied against the indebtedness of Borrower to Lender evidenced
by said Note, said Deed of Trust and other loan documents, in such order and manner as Lender may
determine. Said parties to the Development Agreement shall be notified of this Assignment and
directed by Borrower to pay such sums directly to Lender.
Borrower hereby agrees to execute such further documents, and to perform such further acts
as Lender may reasonably require in order to carry out and perform the terms and provisions hereof.
Page 1
This Assignment shall not be deemed to impose upon Lender any of the Borrower's
obligations to develop said property in the absence of Lender's express written assumption of such
obligations.
Upon Borrower's full and:final payment of the Note and any other indebtedness secured by
the Deed of Trust, then this Assignment shall be released by Lender, at Borrower's expense, and
thereafter Lender shall have no further obligation to make advances under the Note.
EXECUTED this the 25th day of October, 2006.
65 LA PORTE, LTD., a Texas limited partnership
By: NEHC Properties, Inc., a Texas
corporation, as general partner
r;J:merfY
Title: resident
THE STATE OF TEXAS
COUNTY OF ;/MJe is
g
g
~
This instrument was acknowledged before me on the g-t!:: day of /lJovemfJ-eJi), A.D.,
2006, by Joe Fogarty, President ofNEHC Properties, Inc., a Texas corporation, on behalf of said
corporation, general partner on behalf of 65 LA PORTE, L YD., a Texas limited partnership.
uf1hlAUU~
Notary Public in and for the Stat
: .j:;!.":.. DONNAL CLIFFORD
i: fxr 1 MY COMMISSION EXPIRES
iI :. January 22, 20tn
I
After recordin~ return to:
FIRST NATIONAL BANK
1817 F.M. 1960 West
Houston, Texas 77090
Attention: Melissa M. Chappell
(FNB Loan No. 320000670)
Page 2
EXHIBIT "An
[Legal]
EXHIBIT "AJJ
- LEGAL DESCRIPTION
TRACT 1
BEJNG A 19.169 ACRE (835,002 SQUARE FEET) CALLED 835,020 SQUARE FEET OF lAND
COMPRISING PART OF THE TOWN OF LA PORTE (VOL 60, PG. 112, H.C.D.R) JOHNSON
HUNTER SURVEY, A-35. LA PORTE, ~RIS COUNTY, TEXAS AND IS MORE
PARTJCUlARL Y DESCRIBED BY METES AND BOUNDS AS FOllOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD AT TI-lE NORTHWEST CORNER OF THIS 19.169
ACRE TRACT; SAJD POINT BEING COINctDENTWlTH TI-le SOUTHWEST CORNER OF BAY
POINT (GARDENWALK) TOWNHOMES (VOl. 195. PG. 18. H C MR.) AND THE EAST R1GHT-
OF-WAY UNE qF STATE HIGHWAY 146;
, , .
THENCE- SOUTH 89. DEGREES 59 MiNUTES 41 SECONDS EAST (CALL, EAST); .
COiNCIDENT wrrn THE SOUTH BOUNDARY LINE OF SAJD BAY POINT TOWN HOMES; A
DISTANCE OF 937.99 FEET TO A 5/8 INCH IRON ROD SET AT THE NORTHEAST CORNER
OF THIS 19169ACRETRACT;' '
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY UNE OF UTTlE CEDAR
BAYOU PARKA DISTANCE OF 46188 FEETTO A 518 INCH IRON ROD FouND FOR
CORNER;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY UNE OF THAT CERTAIN 3.399
ACRE (TRACT IV), (HCCF NO. 1<784741) COMPRISING PART OF CITY OF LA PORTE BAY
FOREST GOLF COURSE; A DISTANCE OF 100 00 FEET TO A 518 INCH IRON ROD FOUND
FOR CORNER;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY llNE OF SAiD CITY OF
U\ PORTE 3.399 ACRE TRACT A QISTANCE OF 467.73 FEET TO A 5/8 INCH IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF TIiIS 19 169 ACRE TRACT;
THENCE WEST COINCIDENT WITH THENORTH SqUNDARY UNE- OF TRAC/2(20 000
ACRE TRACT} A DISTANCE OF 859 72 FEET TO A 5/8 INCH IRON ROD SET FOR
SOUTHWEST CORNER OF THIS 19.169 ACRE TRACT;
THENCE NORTH 00 DEGREE~ 02 MINUTES 01 SECONDS EAST. COINCIDENT WITH THE
EAST R/GHT-OF-WAYUNE OF STATE HIGHWAY 146, A DISTANCE OF 391.78 FEET TO A
SET 5/8 INCH IRON ROD FOR CORNER; ,
THENCE SOUTH 87 DEGREES 58 MINUTES 30 SECONDS EAST. COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY,UNE OF STATE HIGHWAY 146, A DISTANCE OF 16.60 FEETTOA
112 INCH IRON ROD FOUND FOR CORNER; .
THENCE NORTH 00 DEGREES 31 MINUTES 19 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146. A DISTANCE OF 538.53 FEET TO
THE POINT OF BEGINNING.
EXHIBIT HA"
LEGAL DESCRIPTION
TRACT 2
BEING A 14.707 ACRE TRACT (640,616 SQUARE FEET) TRACT OF lAND IN THE TaNN OF
LA PORTE (VOL 50, PG 112, ET SEa H.C.D R) W. P, HARRIS SURVEY, A-30, LA PORTE.
HARRIS COUNTY, TEXAS AND MORE PARTICUlARLY DESCRIBED BY METES AND
BOUNDS AS FOUOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THAT
CERTAJN CITY OF LA PORTE SA YFOREST GOLF COURSE TRACT II (20.35 ACRES) AS
DESCRIBED IN HCCF NO. K784741 , AND THE SOUTHEAST CORNER OF THIS 14707 ACRE
TRACT;
THENCE .SOllTH ~7 DEGREES 50 MINLiTEs 08 SECONDS WEST, COINCIDENT WITH THE
. NORTH RIGHT-Of-WAY UNE OFWHARTON WEEMS BOU!,.E\iARD (HCCF #. ESEp165); A',
DISTANCE OF nt-51 F'EET TO A 5IS 'INCH iRON ROD SET FOR THE SOtJTHWEST .
CORNER OF THIS 14.707 ACRE TRACT AND FROM WHICH A 112 INCH IRON ROD WAS
FOUND BEARS SOUIH 03 DEGREES 55 MINUTES WEST, 0 74 FEET;
THENCE NORTH COINCIDENT WITH THE E4.ST.80UNDARY UNE OF TRACT 9, (41 992
ACRES) AND THE WEST RIGHT-OF-WAY UNE OF 6TH STREET (CLOSED BY HARRIS
COUNTY COMMISSIONERS COURT VOL 5307,' PG. 419, HCDR) A DISTANCE OF.913.20
FEET TO A 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 14.707
ACRE TRACT;
THENCE E4.ST COINCIDENT WITH THE SOUTH BOUNDARY UNE OF CI1Y OF LA PORTE
SAY FOREST GOLF COURSE A DISTANCE OF 712.00 FEET TO A 5/8 INCfi IRON ROD SET
FOR THE NORTHEAST CORNER OF THIS 14.707 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY UNE OF CITY OF LA PORTE
SAY FOREST GOLF COURSE TRACT.lf, A DISTANCE OF 886 29 FEET TO THE POINT OF
BEGINNING.
EXHIBIT "An
LEGAL DESCRIPTlON
TRACT 3
BBNG A 9.075 ACRE.(395,310 SQUARE FEET) TRACT OF lAND IN THE TOWN OF LA .
PORTE (VOL 60, PG 112 ET SEQ. HCDR) W. P HARRIS SURVEY. A-30, fA PORTE, HARRIS
COUNTY, TEXAS. THE 9.075 ACRE TRACT IS MORE PARTICULARLY DESCRIBED ay
METES AND BouNDS AS FOUOWS;
BEGINNING AT A 518 INCH IRON ROD SET ON THE EAST RIGHT-OF-WAY UNE OF STATE
HIGHWAY 146 AT THE SOUTHWEST CORNER OF THIS 9.075 ACRE TRACT AND THE
NORTHWEST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT {VOL 6642, PG 439, HCDR};
THENCE IN A NORTHERL Y DIRECTION COINCIPENT. WITH THE EAST RIGHT -QF-WAY
UNE OF STATE HIGHWAY 14.6, FOU.OWlNG A CU"~ T 0 THE ~FT, $AlO CURVE' .
HAVING A CENTRAL ANGLE OF 4 DEGREES 47 MINUTES 24 SECONDS A' RAD!US OF
5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 16 DEGREES 26 MINUTES 45
SECONDS EAST, A DISTANCE OF. 493.62 FEET POR A TOTAL ARC DISTANCE OF 493.78
FEET TO A 5IB INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THIS 9 075 ACRE
TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 02 SECONDS EAST COINCIDENT Wffif THE
SOUTH BOUNDARY UNE OF TRACT 8 (5.754 ACRE TRACT) A DISTANCE OF 655.09 FEET
TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THIS 9.075 ACRE .
TRACT;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST. COINCIDENT WITH THE
'NEST BOUNDARY UNE OF.THAT CERTAIN CITY OF LA PORTE SAY FOREST GOLF
COURSE TRACT IU (69.35 ACRES)(HCCF NO. 1<784741) A DISTANCE OF 773.78 FEET TO A
5/8 INCH IRON ROD SETFOR THE SOUTHEAST CORNER OF THIS 907~ ACRE TRACT;
THENCE NORTH 35 DEGREEs 34 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY UNE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT EASEMENT A DISTANCE OF 101.50 FEET TO A 5/8 INCH IRON' ROD FOUND FOR
CORNER;
Tl:iENCE NORTH 70 QEGREES 19 MINUTES 18 SECONDS WEST COINCIDENT WITH THE
NORTH RIGHT-OF-WAY UNe OF $AlD 110 FEET HARRJS COUNTY FLOOD CONTROL
DISTRICT DRAINAGE EASEMENT A DISTANCE OF 597.61 FEET TO THE POINT OF
BEGINNING.
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT 4
BaNG A 20.1190 ACRE (875,385 SQUARE FEET) CAllED (876,392 SQUARE FEET) TRACT
OF LAND IN THEW. P. HARRIS SURVEY, A-30, LA PORTE HARRIS COUNTY, TEXAS. SAID
20.1190 ACRE TRACT MORE PARTICUlARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: .
BEGINNING AT A SET 5/8 INCH IRON ROD MARKlNGTHE NORTH RIGHT-OF-WAY LINE OF
McCABE ROAD AND THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146. SAID .
POINT SaNG THE SOUTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE NORTH 23 DEGREES 27 MINuTEs 22 SECONDS EAST, COINCIDENT WITH THE
. . EAST RI<;3HT.{JF-WAY UNE OF STATE HIGH\JVAY'146. A DISTANCE OF 705.52 fEET (CALI,.
708JJ6 FEET) TO A.CONCRETE HIGHWAY MO,.,UMENT FOUND FOR A POINT Of
CURVATURE; '. .
THENCE IN A NORTHERLY DIRECnON, COINCIDENT WID! THE EAST RIGHt-OF-WAY
LINE OF STATE HIGHWAY 145, FOLLOWING A NON:-TANGENT CURVE TO THE LEr-i,SAlD
CURVE HAVING A CENTRAL ANGL~ OF 3 DEGREES 31 MINUTES 23 SECONDS, A RADIUS
OF 5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 21 DEGREES 40 MINUTES
08 SECONDS EAST, 363.10 FEET, "FOR AN ARC DISTANCE OF 363.15 FEET TO A 518 INCH
IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE SOUTH 70 DEGREES 19 MINUTES 18 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY UNE OF THAT CERTAIN 110 FEETwrDE HARRIS' COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL 6642, PAGE 439, H.C D.R-); A DISTANCE
OF 56261 FEET TO A 518 INCH IRON ROD SET FOR. CORNER;
THENCE SOUTH 35 DEGREES 34 MINUTES 35 SECONDS EAST; COINCIDENT WITH THE
WEST RIGHT-OF-WAY LINE OF SAID HARRIS COUNTY FLOOD CONTROL DIstRICT'
DRAINAGE EASEMENT, A DISTANCE OF 651.96 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE SOUTH 00 DEGREES 41 MINUTES 16 SECONDS EAST, COINCIDENT WITH THE
WEST RIGHT-OF-WAY UNE OF SAID HARRIS COUNTY FLOOO CONTROL DISTRICT '
DRAINAGE EASEMENT, A OlSTANCI: OF 269 87 FEET TO A 112 INCH IRON ROD FOUND
FOR THE SOUTHEAST CORNER OF THIS'20.1190 ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 39 SECONDS WEST, COINCIDENT WITH THE
NORTH RIG.HT -OF-WAY LINE OF McCABE ROAD, A DISTANCE OF 132760 FEET TO THE
POINT OF BEGINNING.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 5
BEtNG A 4.973 ACRE (216,624 SQUARE FEET) TRACT OF lAND IN THE W.P. HARRIS
SURVEY, A-30. LA PORTE. HARRIS COUN1Y, TEXAS. THE 4.973 ACRE TRACT IS MORE
PARTlCULARL Y 1;)ESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING A TA 1/2 INCH IRON ROD FOUND ON TH!: NORTH RIGHT-OF-WAY UNE OF
MCCABE ~OAD AT THE SOUTHWEST CORNER OF THIS 4.973 ACRE TAACT AND THE
SOUTHEAST CORNER OF THAT CERTAlN 110 FEET WIDE HARRIS COUNTY FLOOD
. CONTROL DISTRICT D~NAGE DITCH EASEMENT (VOL. 6642. PG 439 HCQR);
THENCE ~ORTH 0 DEGR~S 4 ~ MINUTES 16 SECONDS WEST COINCIDENT WITH THE
, ~ST RlGHT~QF-WAY UN,E Of'SAlO'HCFCD DRAlNAGEDITCH- EASEMENT A DISTANCE
OF 300.02 FEET TO A 518 INCH IRON ROD FOUND FO~ THE' NORTHWEST CORNER Ot: '
THIS 4 973 ACRE TRACT;
THENCE SOUTH 89 DEGREES 49 MINUTES 39 SECONDS EAST. COINCIDENT WITH THE
SOUTH BOUNDARY UNE OF THAT CERTAIN OIlY OF LA PORTE BAY FOREST GOLF.
COURSE TRACT III (69.35 ACRES) (HCCF NO..K784741) PASSING AT 4 56 FEET ASIa INCH
IRON ROD FOUND ON UNE.,FOR A TOTAL DISTANCE OF 724.56 FEET TO A 518 INCH IRON
ROD FOUND FOR THE NORTIiEAST CORNER OF THIS 4 973 ACRE TRACT;
THENCE SOUTH 0 DEGREES 15 MINUTES 09 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY UNE OF FORESTVlEN MOBILE HOME PARK (ABANDONED
llDENOOD 5UBDIVISlpN Sf;CTION ONE) (VOL~, PG 61. HCMR) A DISTANCE OF 300 00
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THIS 4.973 .
ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF MCCABE ROAD, A DISTANCE OF 719 64 FEET TO l11E
POINT OF BEGINNING '
EXHIBIT" An
LEGAL DESCRIPTION
TRACT 6
BEING A 2.8755 ACRE (125,258 SQUARE FEET) TRACT OF lAND IN THE TOWN OF LA
. PORTE {VOL 60. PG. 112 ET.. SEQ. H.C.O.R.}. W. P. HARRIS SURVEY. A-30. LA PORTE.
HARRIS COUNTY. TEXAS. SAID 2.8755 ACRE TRACT BBNG MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET MARlONG THE INTERSECTION OF SOUTH
RIGHT-OF-WAY UNE OF WHARTON WEEMS BOULEVARD (H.C C F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY liNE OF STATE HIGHWAY 146;
THENCE NORTH 89 DEGREES 01 ""'NUTES 35 SECONDS EAST, COINCIDENT WITH THE
SOtm:f ~IGHT..OF.wAY UNE OFWHARTON W'E8j4~'BOULEVARD. FOR A DISTANCE OF
190.05 FEET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE).FOUNO FOR '..
CORNER;
. .
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONl;>S EAST. COINCIDENT WITH THE
SOUTIi RIGHT-OF-WAY LINE OFWHARTON WEEMS BOULEVARD. FOR A DISTANCE OF
83 53 FEET TO A 5/8 INCH IRON ROD SE:T FOR CORNER;
THENCE SOUTH. FOR A DISTANCE OF 358.40 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE WEST. FOR A DISTANCE OF 402.51 FEET TO A 5/8 INCH IRON ROO SET FOR
CORNER;
THENCE NORTH 14 DEGREES 54 MINUTES 28 SECONDS EAST. COINCIDENT WITH THE
EAST RlGHT-'OF-WAY UNE OF STATE HIGHWAY 146, FORA DISTANCE OF 181.06 FEET
TO A 5/8 INCH IRON ROO SET FOR CORNER;
THENCE NORTH 10 DEGREES 32 MINUTES 41 SECONDS EAST. COINCIOENTWlTH THE
EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 148, FOR A DISTANCE OF 127.65 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 49 DEGREES 47 MINUTES Q8 SECONDS EAST, FOR A DISTANCE OF
n.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 2. 8755 ACRES OF lAND
EXHIBIT U An
TRACT 7
BEING A 16.586 ACRE (722,474 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL 80. PG. 112. H..C.D.R.). W. P. HARRIS SURVEY, A-30, LA PORTE, HARRIS
COUNTY, TEXAS. THE 16.586 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BO~NDS AS FOLLOWS:
BEGrNNING AT A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF
THAT CERTAIN CITY OF LA P'ORTE BAY FOREST GOLF COURSE TRACT tcl {69 35 ACRES}
(H C C.F NO. K(84741) AND THE NORTHEAST CORNER OF THIS 16.586 ACRE TRACT;
SAJD CORNER BEING COINCIDENT WITH THE SOUTH RJGHT -OF-WAY UNE OF WHARTON
WEEMS BOULEVARD (H C C.p NO. E563165);
. THENCe SOUTH; COINCIl)ENT WITH THE WEST l30UNDARY UNE OF SAlD. CITY OF LA. .
'PORTE BAY FOREST GolF COURSE; A 'OISTANCE OF 54S~o3 FEET.TO'THE SoUTHEAST
CORNER OF THIS 16.586 ACRE TRACT, FROM WHICH A FENCE CORNER sEARs SOUTH
13 DEGREES 24 MINUTES WEST, 0.47 FEET;
THENCE, NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCIDENT WITH TI-fE
NORTH BOUNDARY UNE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE. A
DISTANCE OF 1402.12 FEET TO A 518 INCH IRON ROD SET FOR THE SOUTI-fWEST
CORNER OF THIS 16_586 ACRE TRACT; .
THENCE NORTH. COtNCIOENTWlTH THE EAST BOUNDARY l.JNE OF TRACT 8 (5.754
ACRES); A DISTANCE OF 485.53 FEET TO A 518 INCH IRON ROD FOUND: FOR THE
NORTHWEST CORNER OF THIS 16 586 ACRE TRACT;
THENCE NORTH 87 DEGREES 50 MiNUTES 08 SECONDS EAST, COINCIDENT WITH ruE
SOUTH f?lGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF
1403 11 FEET TO THE POINT OF BEGINNING. AND CONTAINING 16 586 AC;;RES OF LAND.
EXHIBIT "An
LEGAL DESCRlPTlON
TRACT 8
BEING A 5.754 ACRE (250,652 SQUARE: FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL 60. PG. 112 ET SEC. H_C D.R.), W.? HARRIS SURVEY. A-JO, LA P0RTE.
HARRIS COUNTY, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROO SET MARKING THE INTERSECTION OF SOUTH
RIGHT-OF-WAY UNE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146;
THENCE IN A NORTHEASTERLY DIRECTION COINCIDENT WITH THE SOUTH RIGHT -OF-
WAY UNE OF WHARTON WEEMS BOULEVARD FOLLOWING A CURVE rO THE RIGHT
HAvrNG A CENTRAL ANGLE OF 7fJ DEGREES 09 MINUTES 19 SECONDS. A RADIUS 01=
55.00 FEET AND A CHORD BEARING OF NORTH 50 DEGREES 02 MINUTES 20 SECONDS
EAST FOR A DISTANCE OF 70.06 FEET, FOR AN ARC DISTANCE OF 75.98 FEET TO A
HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR A POINT OF T~GENCY;
THENCE NORTH 89 DEGREES 01 MINUTES 35 SECONDS EASTCOINCIQENTWfTH THE
SOUTH R./<3HT.:.c>F-WAY L,INE OF ~TON WEEMS BOULf;VARD, FOR A DISTANCE OF
212:00 J=EET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER:
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENTwrrH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
83.5:3 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AND POINT OF BEGfNNING FOR
THE HEREIN DESCRIBED TRACT;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE Or
235.96 FEET TO A HIGHWAY MONUMENT (BAASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 87 DEGREES 50 MINUTES 08 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT -QF-WA Y LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF 87.56
FEET TO A 518 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF THIS 5.754
ACRE TRACT
. THENCE SOUTHi'.COINCIDENT WITH THE WEST BOUNDARY LINE OF TRACT 7 (16.586
ACRES), FOR A DISTANCE OF 485.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST COINCIDENT WITH THE
NORTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (H C C F. NO. K784741). FOR A DISTANCE OF 100.00
FEET TO A 5/8 lNCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WESTBOUNDARY UNE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE FOR A
DISTANCEOF 80_00 FEETTOA 5/8 INCH/RON ROD FOUND FOR CORNER;
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COJNCIDENT WITH THE
NORTH BOUNDARY UNE OF TRACT 3 (9.075 ACRES), FOR A DISTANCE OF 655;09 FEET
TO THE SOUTHWEST CORNER OF THIS 5.754 ACRE TRACT, FROM WHICH A FENCE
CORNER BEARS SOUTH 34 DEGREES 31 MINUTES EAST 1.09 FEET,
THENCE NORTH 11 DEGREES 37 MINUTES 20 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT -OF-WAY LINE OF slATE HlGHWA Y 146, FOR A DISTANCE OF 188_B9 FEET
TO A 518 lNCH IRON ROD SET FOR CORNER;
EXHIBIT "An
"lrl1L+ g- (o\\~nuecD
THENCE EAST, COINCfDENTWITH THE SOUTH BOUNDARY UNE.OF TRACT 6 (2.8755
ACRES) FOR A DISTANCE OF 406..21 FEET TO A 518 INCH IRON ROD SET FOR CORNER;
THENCE NORTH, COfNCrDENTWITH THE EAST BOUNDARY UNE OF TRACT 6 (2.8755
ACRES), FOR A DISTANCE OF 358..40 FEET TO THE POINT OF BEGINNING AND
CONTAJNlNG SAiD 5.754 ACRES (250,652 Sa. FT.) OF LAND.
EXHIBIT "An
LEGAL DESCRIPTION
TRACT 9
BEING A 41.992 ACRE (1,829.187 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA.
PORTE (VOl. 60, PG. 112 H.C.D.R.), JOHNSON HUNTER SURVEY, A-35. AND W. P. HARRIS
SURVEY, A-30, LA PORTE, HARRIS COUNlY, TEXAS, AND BEJNG MORE PARTICULA.RL Y
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: .
BEG/NNENG AT A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE EAST RIGHT-
OF-WAY UNE OF STATE HIGHWAY 146 WITH THE NORTH RIGHT-OF-WAY LlNEOF
WHARTON WEEMS BOULEVARD (H..C.C F NO. E563165).
THENCE IN A NORTHERLY DIRECTION, WITH THE EAST LINE OF STATE HIGHWAY 146.
FOLLOWING A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAl ANGLE OF 05
. DEGREES 44 MINUTES 36 SECONDS. A RADIUS OF 5906.03 FEET. CHORD BEARING AND' -
DISTANCE OF NORTH 03 DEGREES 18 MINUTES 00 SECONDS EAST. 694.70 FEET. AN
ARC DISTANCE OF695.10FEETTOA5I8 INCH IRON ROD SET AT THE POINT OF
TANGENCY; .
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST. .CONTINUIt;G WITH THE; .
EAST RIGHT-OF-WAY UNE OF STATE HIGHWAY 146, FOR A DISTANCE bF 6a7.45 FEET
TO. THE NORTHWEST CORNER OF. THIS 41.992 ACRE TRACT, BEiNG THE sbtiJ1.fwesT .
CORNER OF TRACT 2 (20.00 ACRE TRACT), FROM WHICH A FENCE CORN~ BEARS
SOUTH 38 DEGREES 26 MINUTES EAST, 1.36 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST. WITH THE SOUTHUNE
OF .5. STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT. VOLUME 5307,
PAGE 419 HARRIS COUNTY DEED RECORDS), PASSING AT 860_31 FEET THE
SQUTHEJ\ST CORNER OF TRACT 2 AND THE SOUTHWEST CORNER OF THAT CERTAIN
3.399 ACRE TRACT lV (HARRIS COUNTY CLERKS FILE NO. K(84741), PASSING AT 960.31'
FEET THE SOUTHVVEST CORNER OF THE 3.399 ACRE TRACT, AND THE SOUTHWEST
CORNER OF THE CITY OF LA PORTE BAY FORREST GOLF COURSE, FOR A TOTAL
DISTANCE OF 1286.40 FEET CALLED 1236.31 FEET TO THE NORTHEAST CORNER OF
THIS 41.992 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH 03 DEGREES
48 MINUTES WEST, 1.80 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, WITH THE WEST UNE OF'
6TH STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT. VOLUME 5307,
PAGE 419, HARRIS COUNTY DEED RECORDS), PASSING AT 480.00 FEET CALLED 450.00
FEET ruE SOUTHwEST CORNER OF CITY OF LA PORTE BAY FOREST GOLF COURSE
AND THE NORTHWEST CORNER OF TRACT 2 (14.707 ACRE TRACT), FOR A TOTAL
DISTANCE OF 1393.20 FEET CALlED 1383.20 TO THE SOUTHEAST CORNER OF THIS
41~992 ACRE TRACT AND THE SOUTH\NEST CORNER OF TRACT 2, FROM WHICH A 518
INCH iRON ROD FOUr.{D BEARS SOUTH 03.DEGREES 55 MINUTES WEST, 0.74 FEET;
THENCE SOUTH 87 DEGREES 50 MINUTES 06 SECONDS WEST, WITH THE NORTH UNE
OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 782.69 FEET, FROM WHICH A
TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 16
DEGREES 39 MINUTES EAST, 046 FEET; .
THENCE NORTH 89 DEGREES 28 MINUTES 42 SECONDS WEST; CONTINUING WITH THE
NORTH UNE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 317A8 FEET,
FROM WHICH A TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND SEARS
SOUTH 06 DEGREES 35 MINUTES EAST, 0 86 FEET;
EXHIBIT "A"
If-ciLt- g <:"'0 "-+\1'1 Je~
THENCE, SOUTH 89 DEGREES 10 MINUTES 37 SECONDS WEST, CONTINUING WITH THE
NORTIi.L1NE OF ~TON WEEMS BOULEVARD, FOR A DISTANCE OF 173 073 F~ET, TO
TIiE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, FROM WHICH A TX. DOT
CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTIi 12 DEGREES 48
MINUTES EAST. 1_07 FEET;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTH UNE OF WHARTON
WEEMS BOULEVARD, FOLLOWING A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 95 DEGREES 21 MINUTES 19 SECONDS. A RADIUS OF 55.00 FEET. CHORD BEARING
AND DISTANCE OF NORTH 41 DEGREES 01 MINUTES 19 $ECONDS WEST, 81 33 FEET;
FOR AN ARC DISTANCE OF 91 53 F='EET TO TIiE POINT OF BEGINNING. AND CONTAINING
41 992 ACRES OF LANO_o
r-.
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