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Ordinance No. 15,535 ORDINANCE NO. 15,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, GRANTING A SPECIAL USE PERMIT TO ALLOW FOR A CREMATORIUM USE; PERMITTING THE FOLLOWING PROPERTY,WHICH IS PRESENTLY ZONED AS A GENERAL COMMERCIAL ZONING DISTRICT, BEING A COMBINATION OF ALL OF TRACTS 1 AND 2 IN THE CHRISTIAN SMITH SURVEY ABSTRAST NO. 69, AND CONTAINING APPROXIMATELY 3.23 ACRES OF LAND, AS DESCRIBED IN INSTRUMENT NUMBER RP-2023-14792 OF HARRIS COUNTY, TEXAS, CLERK REAL PROPERTY RECORDS, ATTACHED AS EXHIBIT "A;" PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CERTAIN CONDITIONS; PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CERTAIN CONDITIONS; PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND N0:1100 DOLLARS ($2,000.00); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. ************************************************************************************* WHEREAS,Danny Duncan owns approximately 3.23 acres of land(the Property)and requests an amendment to the zoning ordinances to allow the Property, which is currently zoned as a General Commercial("GC")Zoning District,to be used as a funeral home and crematorium; and WHEREAS,the Planning and Zoning Commission of the City of Baytown and the City Council of the City of Baytown ("City Council"), in accordance with the Charter of the City of Baytown, state law, and the ordinances of the City of Baytown, have given the required notices and have held public hearings regarding the rezoning of the property described in this special use permit ordinance; and WHEREAS, the City Council finds that this use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street: will not significantly diminish or impair property within the immediate vicinity in any material way;will not impede the normal and orderly development and improvement of surrounding property;will contribute to,enhance or promote the general welfare of the area of request and adjacent properties; will not be detrimental to the public health,safety,and will conform in all other respects to all applicable zoning regulations and standards; and WHEREAS,the City Council finds that it is in the public interest to grant this special use permit, subject to certain conditions;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared by the City Council of the City of Baytown, Texas ("City Council") to be true and correct. Section 2: That the zoning ordinances of the City of Baytown are amended to allow the following property (the "Property"), which is presently zoned a General Commercial ("GC") Zoning District to be used under this special use permit for a funeral home and crematorium use: Being all of tracts 1 and 2 in the Christian Smith Survey Abstract No. 69, and containing approximately 3.23 acres of land, as described in Instrument Number RP-2023-14792 of Harris County,Texas Clerk Real Property Records,attached in Exhibit"A"and incorporated herein for all intents and purposes. Section 3: The specific use authorized and permitted by this ordinance shall be developed in accordance with the City of Baytown ordinances and Land Development Code and is granted on the following conditions: 1. Use:The only use authorized by this special use permit is a funeral home and crematorium. 2. Site Plan: Use and development of the property must comply with the site plan, attached to this ordinance as Exhibit "B." 3. Expiration of special use permit: A lapse of a period greater than 24 months from the date of City Council approval causes this special use permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met: a. A certificate of occupancy is issued for the use specified in this special use permit; or b. If no certificate of occupancy is required, a certificate of completion for the use specified in the special use permit is issued. Section 4: That all paved areas,permanent drives,streets,and drainage structures,if any,on the property must be constructed in accordance with standard City of Baytown specifications,and completed. Section 5: That the Chief Building Official shall not issue a building permit or a certificate of occupancy for a use authorized by this special use permit on the Property until there has been full compliance with this ordinance, the Land Development Code, the construction codes, and the all other ordinances,rules and regulations of the City of Baytown. Section 6: That any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and,upon conviction,shall be punished by a fine not exceeded TWO THOUSAND AND NO:!100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City of Baytown may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 7: That the zoning ordinances of the City of Baytown,as amended,shall remain in full force and effect,save and except as amended by this ordinance. Section 8: That the terms and provisions of this ordinance are severable and are governed by Chapter 1 of Baytown Code of Ordinances. Section 9: That this ordinance shall take effect from and after ten(10)days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance 2 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14'day of September,2023. RANDON CAPETILLO, Mayor ATTEST: a a ANGELA KSON,Cihrk APPROVED AS T SCOTT LEM D, City Attorney RAScottlOrdinances 9-14-23\Funeral Home Specific Use Permit.docx 3 RP-2023-14792 01/17/2023 ER $54.00 EXHIBIT "A" SPECIAL WARRANTY DEED _ y NOTICE OP' CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOKIING INFORMATION FROM ANY INS7R UMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED ro FOR RECORD IN TIIE PUBLIC RECORDS.- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUAIRER. n o, TH>: STATE OF TEXAS X X KNOW ALL MEN BY TI[ESE PRESENTS: n COUNTY OF HARRIS X N O THAT TIIE. UNDERSIGNED, CEDAR BAYOU LODGE No. 321 of Free and N w Accepted Masons a/k/a CEDAR BAYOU MASONIC LODGE a/k/a CEDAR BAYOU LODGE No. 321, AX & A.M., hereinafter referred to as"Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is here-by fully acknowledged and r g confessed, has GRANTED, SOLD AND CONVEYED, and by these presents, subject to the J reservations and exceptions hereinafter contained, does hereby GRANT, SELL AND CONVEY r X unto D&E FUNERAL SERVICES, INC., a Texas corporation, hereinafter referred to as the 4 "Grantee,"the real property described as follows, to-wit: r c TRACT 1 A 2.7289 acre tract of land situated in the Christian Smith Survey,Abstract x No. 69 in Harris County, Texas, as more particularly described by metes Loll and bounds description attached hereto as Exhibit A. TRACT 2: A 0.49705 acre tract of land situated in the Christian Smith:survey,Abstract No. 69 in Harris County, Texas, as more particularly described by metes and bounds description attached hereto as Exhibit B. STEWART TITL5F.4 Z o, tQ �o TRACT. N 91 N An eight foot(8')easement for vehicular and pedestrian ingress and egress over and across that certain tract of land described by metes and bounds g description attached hereto as Exhibit C. n f° This conveyance, however, is made and accepted subject to any and all validly existing n d restrictions,encumbrances,easements and conditions,if any,relating to the hereinabove described c property as now reflected by the records of the County Clerk of Harris County, Texas. Further, c 0 this conveyance is made subject to the right of sepulture with respect to Tract 1 described herein. N w In acceptance of this Deed,Grantee expressly agrees to assume any and all responsibilities with respect to the Cedar Bayou Masonic Cemetery, which is situated on Tract 1. Without limitation, these responsibilities include maintaining the grounds in a neat and orderly manner, ensuring continuous public access to the cemetery as required by law,honoring the interment rights r 0 of those holding the same, and maintaining the name of the cemetery in perpetuity as the Cedar ' d � Bayou Masonic Cemetery.t Further, Grantee and agrees and stipulates that should any j modification, repairs or remodeling of any of the three tracts described herein be reasonably d anticipated to result in the destruction of any Masonic symbols, emblems, or other adornments c c affixed,painted,or attached to the property,that in such event Grantee shall first notify Grantor of such anticipated work, and Grantor shall be afforded the opportunity to remove such Masonic PA symbols, emblems, or other adornment from the property after removal of the same by Grantee. These obligations shall be continuing obligations and shall be covenants running with the land and shall be binding on Grantee and its successors and assigns,forever. Grantor hereby reserves all of the oil,gas and other minerals in,on or under, or that may be produced on or from the above-described premises for the purpose of developing said minerals owned by them. Grantor further covenants and agrees that he will not execute any oil,gas or other 2 d to �o mineral leases in the future that will permit any drilling or production operations or structures c 1 anywhere on the subject property, Exploration,drilling or production of oil,gas or other minerals will be completed by pooling,unitization,off set drilling or slant hole drilling which is permitted n by and/or through such tract of land with the bottom hole being below the surface of this tract or V1 e d any other tract of land. Grantor expressly waives any rights of ingress and/or egress to or from the c surface of the subject property for the purpose of production of said oil,gas and other minerals or c . for any other purpose,and further waives the right to use the surface for any purpose whatsoever. 0 w TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,Grantee's heirs, executors, administrators,successors and/or assigns forever;and Grantor does hereby bind itself, its successors and assigns, against every person whomsoever lawfully claiming or to claim the r 0 c same or any part thereof,by,through or under Grantor,but not otherwise. J GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR AND THE r GRAND LODGE OF TEXAS, A.F & A.M. HAVE NOT MADE, DO NOT MAKE AND X j SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, W9 WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF 3 J ANY KIND OF CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, r ORAL OR WRITTEN, PAST, PRESENT, FUTURE, OF, AS TO, CONCERNING OR C WITH RESPECT TO(A)THE VALUE,NATURE,QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE ° SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES th WHICH GRANTEE MAY CONDUCT THEREON; (D)THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,RULES,ORDINANCES,OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (F)THE MANNER OR QUALITY OF THE CONSTRUCTION OF MATERIALS,IF ANY, INCORPORATED INTO THE PROPERTY; (G)THE MANNER,QUALITY,STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; OR (H) EXCEPT FOR ANY WARRANTIES OF TITLE SET OUT IN THE CLOSING DOCUMENTS, ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR AND THE GRAND LODGE OF TEXAS,A.F.&A.M.HAVE NOT MADE,DO NOT MAKE AND SPECIFICALLY DISCLAIM ANY REPRESENTATIONS 3 m REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTIQN, � POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS,OR THE DISPOSAL OR EXISTENCE,IN OR ON THE PROPERTY, ~ OF ANY HAZARDOUS SUBSTANCE, INCLUDING, BUT NOT LIMITED T09 SOLID � WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL. PROTECTION AGENCY REGULATIONS AT 40 C.F.R. PART 261 AND THOSE DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND o LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED m THEREUNDER OR ANY OTHER FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS. GRANTEE FURTHER c ACKNOWLEDGES ANb AGREES THAT HAVING BEEN GIVEN THE fin+ OPPORTUNITY TO INSPECT THE PROPERTY,GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION N PROVIDED OR TO BE PROVIDED BY GRANTOR OR THE GRAND LODGE OF w TEXAS, A.F & A.M. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED TO OR TO BE PROVIDED WITrI RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT GRANTOR AND THE GRAND LODGE OF TEXAS,A.F. &A.M.ARE NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, r AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. GRANTEE FURTHER 0 ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON r AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND 3 r AGREED THAT' THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR ' NEGOTIATION TO REFLECT THAT ALL THE PROPERTY IS SOLD BY GRANTOR 3 AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING. GRANTEE EXPRESSLY WAIVES,TO THE EXTENT ALLOWED BY LAW,ANY CLAIMS UNDER c FEDERAL, STATE OR OTHER LAW THAT GRANTEE MIGHT OTHERWISE HAVE c AGAINST GRANTOR AND/OR THE GRAND LODGE OF TEXAS, A.F & A.M. � RELATING TO TIME CONDITION OC THE PROPERTY. x Taxes for the year 2023 have been prorated as of the date of this date; payment thereof t shall be assumed by Grantee. EXECUTED,this the 17- day of JAW 2023. 4 It d to CEDAR BAYOU LODGE No.321 of Free and Accepted c Masons a/k/a CEDAR BAYOU MASONIC LODGE a/k/a CEDAR BAYOU LODGE No.321,A.F&A.M. By. IDES A. C liR+,Y, Worshipful Master n C'GoV6�L`1 STATE OF TEXAS X z<` X 5 COUNTY OF I IARRIS X N G BEFORE ME,the undersigned authority,a Notary Public,on this day personally appeared N MILLS A, , known to me/proved to me through Driver's License, to be the person W Msucrlwhose name id to the foregoing instrument and acknowledged to me that lie executed the same for the purposes and consideration therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE, this 17— day of jAvvlALK ,2023. rp.Vv.r", Brtmclon kris BenoitL4 r r, �• Notary Public,sack orleme; C {.untm 1~xp�;csUl1/13/3025 Notary Public,State of S Notary ID 12,1430309 �.,...�. r A r Certification of die Grand Lodge of Texas,A F &A M to follow on subsequent nave. � t s IU Granteo's Mailing Address; r J t3 0 40Su.STd.W 4 o� PO K, r-x 77S.40 x IU h BY: . Mi�t6 CoAe Worshipful Master N 4 ATTES i r� U' Secretory V c_` STATE QF UXAS § N N COYNTV OFtj A• w BEFORE ME,the undersigned authority,on this a y,appeared 6r0o( �'known to me to be the person who executed the foreping instrume ackno ed to me that he executed the same for the purposes and consideration therein expr as the act and deed of Lodge No. 3 -1._A.F, & A.M.,ohd in tht cadtcity as WNorshipf aster of said Lodge. WITNESS MY HAND ALOF OFFICE this,_day of, 20.11 . r 0 c wandolyn Hop,6p ,l My Qpm�g �10�D�6xp[rOM Notary Public In and or H�,�r i.5 County,Texas Nelarryy 2 r h f�569ra01 rp Certff Bate jThe Grand Lodge.of Texas A.F. & A.M. riot being in session, but being in vacation,and the above and 'f fZue"AtY, oing deed frra�nrC,„,�uNo, �J __ A.F. & A.M. to �„�,.a. .��� dated _ day of c being presented to and considered during recess,the undersigned Grand Master of the Grand Lodge of Texas does;hereby give con'Went for and on behalf of said Grand Lodge of Texas to the execution and x delivery of said deed;provided that neither the Grand Lodge,nor the Grand Master,Incurs of assumes any liability N by reason of granting this4qpnsent or otherwise. AIR Witness the hand of the undersigned Grand Master and the seal of said Office on this the day of .Y1:.....:20; Grand Master of the Grand lodge of Texas,A.1', &A.M. j .; -::I y .I,'I �,.. .� (t:iiF: ;1•• :.t��u•� I I Grand:S - , '•:V�t+ :a;'qv bo- F'rl ii • CJ• I°ir' The'Grand'Lad• a of.'gxasr'(1,t~�: �'I�i}' kI - �.,..,. ,:F •��i.:y.{tf^ '•ii�f�j ,:*•� :;�>4;, �i;l;'�,,r:;:i�.;:i I sipp l; '.�� ' •.. ,li;,�;i• WI r5•• tq ,I. }i�.1 I}}��.il�i��!:�;�'}:���?"I)i '��i�. { ^.,�I��(.li. -^'•.?.$I�kJ• -:Gi:" II 'I,Ic.: :,'id{�2, (,�},. j:; ';;rye "k�•'` ', }3'' 8'7 Lr 4 ��}p� ,r. �'. ,I,,�, r�•�•({ '� ,•t`�' tie, . .�'!�''�. :':tin;�iti;:;���C��'{ `s2:'�5 �Jr�l� �i;•r t• V�!.i7 I If' '•""�' 'fr- '-�: ,:�tg 9 t+.,y'V!i;•,'F ,��'.. .•,�.•.., }�1?� VJV.v, jr;ij a���ut: . .. t�.K•� i v :;J�'i�: r•i:'_I�'�'Ila N,;(IflS{:;�E kr f�•� �:{s::`:�.•� .N,.»� ihl'i`I!`� .�i"c: •.aVl.hlF� :;;;.•;r1;:•. .37f,!'I;•• ;;1!FY; i•..,., �'iJ.i' '2 STATE OF TEXAS) d COUNTY OF HARRIS) TRACT 2—Masonic Cemetery) N FIELD NOTES of a 2.7289 acre tract of land situated in the Christian Smith Survey,Abstract t+ 69,In Harris County,Texas and being out of and a part of that certain Called 2 acres,more or I less,conveyed by The Christian Church by C.M.Milam(Agent),et al,to Cedar Bayou Lodge co No.321 by Deed dated November ISth,1905 and recorded under County Clerk's File Volume 51,Page 139 of the Official Public Records of Real Property of Harris County,Texas f (OPRRPHCP)and a part ofthat certain Called two acre tract conveyed by Mr.&Mrs.lifty,et a/,to Cedar Bayou Lodge No.321 by Deed dated June 25tb,1988 and recorded wider County Clerk's Book Volume 41,Page 225,OPRRPHCT,aforementioned 2.7289 acre tract being more `e particularly described by the following mates and bounds,to-wit: N NOTE:BEARINGS ARE LAMBERT ORID BEARINGS AND ALL COORDINATES REFER TO THE .Q TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83.ALL W DISTANCES ARE ACTUAL DISTANCES.SCALE FACTOR=1.0000000.REFERENCE IS MADE w TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a IP2 inch iron rod found in the East right-of-way margin of Ferry Road(60 ft+/-right-of-way width varies)at the Northeast comer of a Called 0.895 acre tract of land described In a Deed to Cedar Bayou Lodge No.321(Ancient Free&Accepted Masons)as recorded in Volume 204,Page 369 and Rather described in Volume 67,Page 369,DRHCT, S aforesaid 1/2 inch iron rod being the POINT OF COMMENCB'MWT of the herein described t TRACT 2 and bears a Texas State Plane Coordinate System Value of Y=13844805.710 and X=3260329.720; r THENCE North 87°19'52"West departing said Ferry Road and along the North line ofthe c remainder of a certain Called 0.995 acre parcel described in a Deed to Cedar Bayou Masonic Lodge as recorded in Volume 204,Page 64 and again in Volume 67,Page 369,DRHCT,for a r distance of 160.395 feet to a 1/2 inch iron rod found to concrete for an upper corner of the Cedar M Crest Cemetery tract; 19 THENCE South 020 331050 East along an upper boundary of aforesaid Cedar Crest Cemetery d fbr a distance of 118.796 fieet to a 112 inch rod set for an angle corner; THENCE South 020 34'15"West for a distance of59.58 feet to a 1/2 inch iron rod set for the 0 TRUE POINT OR PLACE OF BEGINNING of the herein described TRACT 2,aforesaid 1/2 C inch iron rod having Texas State Plane Coordinate System Values of Y-13844634.977 and X— 3260497.902; X THENCE North 87°26'55"But for a distance of 384.70 feet to a tt2 inch rod set; d 0 THENCE South 89'4110511 East for a distance of 152.32 feet to a IIz inch iron rod set; THENCE South 010 33'05"East for a distance of 60.99 feet to a 1/2 inch iron rod set; THENCE South 010 26'05"East for a distance of 56.39 feet to a 1/2 inch iron rod set for the upper Southeast comer of the herein described tract; THENCE South 860 38'55"West for a distance of 136.24 feet to a 1/2 inch iron rod set; THENCE South 620 50'10"West for a distance of 22.89 feet to a 1/2 inch iron rod set; THENCE South 150 47'05"East for a distance of 84.38 feet to a 1/2 inch iron rod set for the lower Southeast corner of the herein described tract; THENCE South 860 52'46"West for a distance of 218.85 feet to a I/2 Inch iron rod set; THENCE South 640 54'1 V West for a distance of 170.21 feet to a 1/2 inch iron rod fbund for a Southerly comer of the remaining portion of a Cedar Bayou Masonic Lodge tract as described and recorded in Volume 51,Page 138,DRHCT; M(MBIT A(1 of 2) M. PAGE 2-TRACT 2 Masonic Cemetery d A a a THENCE North 000 28'00"East for a distance of 50.80 feet to a 1/2 inch iron rod found in concrete; N THENCE North 87°11'34"Nest for a distance of 81.33 feet to a 1/2 inch iron rod set for the Southwest corner of the herein described TRACT 2; M n THENCE North or IV 29"West along an East line oftbe remain ing portion of a Cedar Bayou m Masonic Lodge tract described in Volume 15,Page 66,DRHCT,for a distance of 176.61 feet to n a 1/2 inch iron rod set; THENCE North 870 49'31"East for a distance of 56.20 feet to a 1/2 inch iron rod set; c` THENCE North 02010'29"West for a distance of$9.39 feet to the POINT OR PLACE OF N BEGINNING of the herein described TRACT 2 and containing within these boundaries 2.7289 Cr acres(113,870.98 Square Feet)of land,more or less. c N W SURVEYOR'S CERTIFICATE I.Steven Ray Estes,Registered Professional Land Surveyor No.5631,do hereby Certify that the S, ` foregoing field notes were prepared from an actual siuvay made on the ground under my supervision,in September of 2022 and that to the best of my knowledge and belief all lines, boundaries,and landmarks are awAtrately described herein. r WITNESS my hand and seal at Baytown,Texas,this the 17th day of October,A.D.,2022. C � 3 r �e •o N y � eon r °C x d P.XHIBIT A(2 of 2) STATE OF TEXAS) COUNTY OF HARRS) TRACT 3--Vacant Lot) to FIELD NOTES of a 0,49705 acre tract of land situated in the Christian Smith Survey,Abstract 69,in Harris County,Texas and being out of and a part of that certain Called 0.895 acres conveyed by the Cedar Bayou Methodist Church,et al,to Cedar Bayou Lodge No.321 by Deed dated January 14th,1950 and recorded under County Clerk's File Volume 204,Page 64 and referenced in volume 67,Page 64 of the Official Public Records of Real Property of Harris County,Taxes(OPRRPHCT)aforementioned 0.49705 of one acre tract being more particularly y described by the following trues and bounds,to-wit: NOTE:BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE c TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83.ALL N DISTANCES ARE ACTUAL DISTANCES.SCALE FACTOR m 1.0000000.REFERENCE IS MADE t! TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. N 0 BEGINNING at a 1/2 inch iron rod found in the East right-of--way,margin of Ferry Road same w being the recognized Northwest corner of the remaining portion of a certain Called 0.89S acre tract described in a Deed to Cedar Bayou Masonic Lodge as recorded in Volume 204,Page 64 and again in Volume 67,Page 369 of the Deed Records of Harris County,Texas(DRHCT) aforesaid 1/2 inch Iron rod being the Northwest comer and POINT OR PLACE OF BEGINNING of the herein described tract; THENCE South 28"33'0"West along said East right-of-way margin of Ferry Road for a distance of 81.462 feet to a 1/2 inch iron rod set; r, I 0 THENCE South 41"48-12"East departing said Ferry Road for a distance of 64.116 feet to a 1/2 3 inch iron rod set; 4 r THENCE North 87°07'03"East for a distance of 161.909 feet to a 112 inch iron rod set; THENCE North 02133'05"West for a distance of 118.796 feet to a 1/2 inch iron rod found in 0 concrete for the Northeast corner of the herein described TRACT 3; H r THENCE South 87°19'S2"West for a distance of 160.39S feet to the POINT OR PLACE OF 0 BEGINNING of the herein described TRACT 3 and containing within these boundaries 0.49705 3 of one acre(21,651.50 Square Fat)of land,more or las. K d SURVEYOR'S CERTIFICATE I,Steven Ray Estes,Registered Professional Land Surveyor No.5631,do hereby certify that the ' foregoing field notes were prepared from an actual survey made on the ground under my supervision,in September of 2022 and that all lines,boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown,Texas,this the 17th day of October,A.D.,2022. 0 �i sa etttar�ow EXHIBIT 8 EXHIBIT C Z STATE OF TEXAS) d COUNTY OF HARRIS) m Easement across TRACT 1 -Masonic Lodge) o 0 N FIELD NOTES of an eight(8')foot wide Easement situated is the Christian Smith Survey, Abstract 69,in Harris County,Texas and being out of and a part of that certain Called 2 acre tract conveyed by Mr.&Mrs.Pounds,of al,to Cedar Bayou Lodge No.321 by Deed dated July m 17th, 1875 and recorded under County Clerk's File Volume 15,Page 66&67 of the Official o Public Records of Real Pro M Perry of Harris County,Texas(OPRRPHCTj and a part of that ocrtain Called 2 acre tract conveyed by The Christian Church by C.M.Milam(Agent),at W.to Cedar Bayou Lodge No.321 by Deed dated November I Sth,1905 and recorded under County Clerk's z< File Volume 51,Page 138(OPRRPHCT)and a part of that certain called 0.895 acres conveyed I- by the Cedar Bayou Methodist Church,of at,to Cedar Bayou Lodgo No.321 by Deed dated o January 14th. 1950 and recorded under County Clerk's File Volume 204,Page 64(OPRRPHC(') a aforementioned casement being more particularly described by the following metes and bounds, � to-wit: a 0 NOTE:HEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE w TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH C6N'IRAL ZONE,NAD 83.ALL DISTANCES ARE ACTUAL DISTANCE'S.SCALE FACTOR d 1.0000000.REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 1/2 inch iron rod found in the East right-of--way line of Ferry Road(60 R +/-right-of-way width varies)at the Northwest corner of a remaining portion of a Called 0.895 acre tract of land described in a deod to Cedar Bayou Lodge No.321(Ancient Free&Accepted Masons)as recorded in Volume 204,Page 64 and again in Volume 67,Page 369 of the Deed Records of Harris County,Texas(DRHCT)aforesaid 1/2 inch iron rod being the POINT OF r COMMENCEMENT of the herein described easement tract and bears a Texas State Plane c Coordinate System Value of Y-13844805.710 and X-3260329.720; THENCE along the East right-of-way margin of said Ferry Road,the West boundary of r aforesaid Called 0.895 acre tract,South 280 33'00'0 West for a distance of 81.462 feet to a � POINT: K THENCE continuing along said Ferry Road South 28°33'31"West for a distance of 127.25 feet to a POINT; m 0 THENCE South 07°31'26"West continuing along said Ferry Road Bast lice for a distance of C 31.58 feet to a nail set in private road,for the TRUE POINT OR PLACE OF BEGINNING of � the herein described easement tract and having a Texas State Plane Coordinate System Value of Y-13844591.114 and X- 3260225.817,being the TRUE POINT OR PLACE OF � BEGINNING of the centerline of the herein described eight(8')foot wide easement tract; THENCE South 730 24'41"East for a distance of 113.016 feet along the private road to the Cedar Bayou Masonic Cemetery; THENCE South 870 46'33"East for a distance of 110.339 continuing along aforesaid private road to the Western boundary line of the Masonic Cemetery-Tract No.2,for a total length of 223,355 feet and containing within this description an eminent tract of 1,787 square feet of land,more or less. SURVEYOR'S CER71PICATC 1,Steven Ray F.stes,Registered Professional Land Survayor No.5631,do hereby Certify that the foregoing field notes were prepared f m an actual survey made on the ground under my supervision in September of 2022,and that the courses,distances,and landmarks described herein are.true and coma to the best of my knowledge and belief pF WITNESS my hand and seal at Baytown,'rem,this the l7th day of October,A.D.,2022. SirBYrIN RAY EST0 •�.,ya fi891 ,�v C. usl Z d f� N N y FA F� M N G 11 01 RP-2023-14792 C # Pages 11 01/17/2023 08:25 AM N e-Filed s e-Recorded in the N Official Public Records of w HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $54.00 r O C r - R J � 0 C This Rinstrument hwas received and recorded electronically 3 and any blackouts, additions or changes were present at the time the instrument was filed and recorded. _ m Any p ov�sion herein which restriot the sale, rental or use o the de arib�d real ra rty because of�olor ok race is invalid an unenfo ce le under Feder law. THE STATE OF TEXAS COUNTY OF EARRZS i her erti thin this instrument was FILED in c File r S ce on the date and at the time stamped hereon by me; was duly RECORDED in the Official Public ords of Real Property of Harris County, Texas. •�``pF 1�1*AR fai- •. ••• ••:O I • If1111111N I, Teneshia Hudspeth,County Clerk of Harris County,Texas certify that these pages are a true and correct copy of the original record filed and recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office This July 26, 2023 ��L. At 2�A Teneshia Hudspeth, County Clerk Harris County,Texas Any provision herein which restrict the sale,rental or use of the described Real Property because of color or race is invalid and unenforceable under the Federal Law.Confidential information may have been redacted from the document in compliance with the Public Information Act. M. 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