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Ordinance No. 16,079 ORDINANCE NO. 16,079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 15,705 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SETTLEMENT AGREEMENT WITH SUZAN O.AND ERIC G. CARTER, JR. TO INCLUDE SETTLEMENT OF THE MATTER STYLED S.O. CARTERANDE.G. CARTER, JR V. CITYOFBAYTOWN, NO. 1231329; IN THE COUNTY COURT OF LAW NO. 4 OF HARRIS COUNTY, AND/OR ALL OTHER DISPUTES BETWEEN THE PARTIES, AND TO SUBSTITUTE EXHIBIT "A;" AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** WHEREAS, on February 8, 2024 the City Council for the City of Baytown, Texas passed Ordinance No. 15,705 authorizing and directing the City Manager to execute and the City Clerk to attest to a settlement agreement with Suzan O. and Eric G. Carter, Jr. related to the matter styled Carter v. City of Baytown; No. 2023-35591; In the 1271h District Court, Harris County, Texas; authorizing payment by the City of Baytown in the amount of ONE-MILLION,FIVE-HUNDRED THOUSAND DOLLARS ($1,500,000.00) (the "Original Agreement"); and WHEREAS, the Carters did not execute the settlement agreement; and WHEREAS, the Carters subsequently filed the matter styled S.O. Carter and E.G. Carter, Jr v. City of Baytown; No. 1231329; In the County Court of Law No. 4 of Harris County; and WHEREAS, the parties have now resolved all of their differences; and WHEREAS, Exhibit "A" to the Original Agreement is now moot; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby amends Ordinance No. 15,705 to include settlement of the matter styled S.O. Carter and E.G. Carter, Jr v. City of Baytown; No. 1231329; In the County Court of Law No. 4 of Harris County, and'or all other disputes between the parties. Section 2: That a copy of the Mediated Settlement Agreement setting forth the terms of the settlement is attached hereto, marked Exhibit "A," and incorporated herein for all intents and purposes shall be substituted for the Exhibit "A" referenced in Ordinance No. 15,705 and shall be incorporated therein for all intents and purposes. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote the City Council of the City of Baytown this the 27t1' day of February, 2025. �t E. CWARLE JOFqSON, Mayor A EST: �oF gp,YTOW�T� ° s G JACKSON C t er ° � ° Oh le OF� APPROVED AS OF RM: SCOTT LEMON , City Attorney R:\Ordinances and Resolutions Ordinance Drafts 2025-02-27 Stl Agt Carter2 docx EXHIBIT "A" SETTLEMENT AND MUTUAL RELEASE AGREEMENT This Settlement and Mutual Release Agreement (the "Release Agreement") is entered into on the date of the last signature to this Release Agreement as shown below (the "Execution Date") between S.O. CARTER and E.G. CARTER, JR. (the"Carters"), and the CITY OF BAYTOWN, TEXAS, a Municipal Corporation principally situated in Harris County, Texas (the "City") acting through its governing body, The City Council of Baytown, Texas (hereafter, the Carters and the City are collectively referred to as the "Parties"). RECITALS The Parties agree that the following recitals are included solely as an aid to the proper construction of this Release Agreement. WHEREAS, the Carters own a 0.7215-acre tract of land and a 1.1094- acre tract of land, described in Exhibits A and B to this Release Agreement (the "Land"), and the parent tracts of the Land (the "Parent Tracts"). WHEREAS, a dispute arose between the Carters and the City arising from the construction of the San Jacinto ROW Project, which included the construction of San Jacinto Boulevard and Santavy Street, and the installation of drainage facilities on the Land; WHEREAS, the Carters executed a "Temporary Drainage Utility Easement" on November 2, 2016, a true and correct copy of which is attached hereto as Exhibit C; WHEREAS, on July 17, 2024, the Carters filed suit in Cause No. 1231329 in the Harris County Civil Court at Law No. 4, against the City, alleging inverse condemnation claims related to the San Jacinto ROW Project, the Temporary Drainage Utility Easement, and the drainage facilities connected to San Jacinto Boulevard on the Land (the "Inverse Condemnation Action"); WHEREAS, the City is a home-rule municipal corporation organized and operating under the laws of the State of Texas, and having the right of eminent domain and power of condemnation; WHEREAS, the City wishes to acquire the Land in fee simple; WHEREAS, on September 19, 2024, the City filed its Original Petition in Condemnation in Cause No. 1235411 in the Harris County Civil Court at Law No. 2, to condemn the Land (the "Statutory Condemnation Action"); WHEREAS, on September 30, 2024, the Carters filed a motion to consolidate the Inverse Condemnation Action and the Statutory Condemnation Action, and the County Court at Law No. 4 consolidated the actions on October 7, 2024 (the "Consolidated Lawsuit"); WHEREAS, the Parties attended mediation on February 11, 2025, to attempt to settle the Consolidated Lawsuit, and on February 12, 2025, the Parties entered into a Mediated Settlement Agreement, attached hereto as Exhibit D; WHEREAS, the Parties desire to fully and finally resolve all claims, including but not limited to, any and all claims and causes of action relating to or arising out of any contention that could be asserted by any of the Parties in the Consolidated Lawsuit; NOW, THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the Parties mutually agree, as follows: AGREEMENT 1. The Land Acquisition. The Carters agree to convey to the City fee simple title in the Land by Warranty Deed, attached hereto as Exhibit E and Exhibit F. 2. Payment. The City agrees to pay the Carters by wire transfer, no later than ten (10) calendar days after the City Council approves this Release Agreement, $1,500,000.00, which represents $700,000.00 for the City's acquisition of the Land, and $800,000.00 for damages to the remainder of the Parent Tracts. The Carters agree to timely provide wire transfer details so as not to delay the City's payment under this provision. 3. Access to San Jacinto Boulevard. The City agrees to allow one additional access point from each of the Parent Tracts on both sides of San Jacinto Boulevard, to be located south of the two curb cuts that are currently in existence, in accordance with the City's standards for driveways and curb cuts. The City agrees to work with the Carters to timely determine the specific location of the additional driveways and curb cuts in accordance with the City's standards for driveways and curb cuts. 4. Easement. The Parties agree that the Carters will reserve and retain an express non-exclusive easement, for utilities, and ingress and egress, in Exhibit E and Exhibit F, so long as such easement does not interfere with the City's use of the Land. The Parties agree that such easement will not diminish such additional rights, if any, that the Carters, or their successors in interest, have as the owners of property abutting a public road. 5. Release of the Carters' Claims. The Carters agree that all of the claims they have asserted or could have asserted against the City as of the Execution Date in the Consolidated Lawsuit are hereby released, as described in this paragraph, immediately and without further action of the Parties. The Carters release and forever discharge the City and its officials, agents, servants, employees, and attorneys, of and from any and all claims, demands, damages (both pecuniary and non-pecuniary), actions, causes of actions, attorneys' fees, expenses, court costs, compensation, and all consequential damages, including diminution in value, and all costs and expenses incurred by any other party its agents, servants, employees, and attorneys, including attorneys' fees and expert witness fees, purchase or construction costs, engineering, surveying, or land-planning fees or costs, with respect to the Consolidated Lawsuit. 6. Release of the City's Claims. The City agrees that all of the claims it has asserted or could have asserted against the Carters as of the Execution Date in the Consolidated Lawsuit are hereby released, as described in this paragraph, immediately and without further action of the Parties. The City releases and forever discharges the Carters and their agents, servants, employees, and attorneys, of and from any and all claims, demands, damages (both pecuniary and non-pecuniary), actions, causes of actions, attorneys' fees, expenses, court costs, compensation, and all consequential damages, including diminution in value, and all costs and expenses incurred by any other party its agents, servants, employees, and attorneys, including attorneys' fees and expert witness fees, purchase or construction costs, engineering, surveying, or land-planning fees or costs, with respect to the Consolidated Lawsuit. 7. Nonsuit of the Inverse Condemnation Action. The Carters agree to file a motion for non-suit of their claims in the Consolidated Action, with prejudice, within ten (10) calendar days of receipt of payment as described in Paragraph 2. 8. Nonsuit of the Statutory Condemnation Action. The City agrees to file a motion for non-suit of its claims against the Carters in the Consolidated Action, with prejudice, within ten (10) calendar days of Carters' receipt of payment as described in Paragraph 2. 9. Notices. Any formal notices concerning this Release Agreement shall be served in accordance with Texas Rules of Civil Procedure on the Parties' respective counsel of record. Any formal notices or other communications ("Notice") required to be given by one party to another by this Release Agreement shall be given in writing addressed to the party to be notified at the address set forth below for the party, (a) by delivering the Notice in person (b) by depositing the Notice in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified, or(c) by depositing the Notice with Federal Express or another nationally recognized courier service guaranteeing next day delivery, addressed to the party to be notified. Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after the third business day following the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. Courtesy copies of each Notice are be sent by email to each email address provided below. For the purposes of Notice, the addresses of the Parties, until changed, shall be as follows: City: CITY OF BAYTOWN c/o City Manager 2401 Market Street Baytown, TX 77520 Attn: City Manager Email: citvmanager@baytown.org Carters: S.O. Carter and E.G. Carter, Jr. c/o Eric G. Carter The Carter Law Firm 4900 Fournace Place, Suite 560 Bellaire, TX 77401 Email: ecartex0carter-lawfirm.com 10. Warranties. Each party or signatory to this Release Agreement warrants: a) that the party or signatory has the power to enter and perform this Agreement and has not assigned any rights or claims provided or released by this Agreement; b) this Agreement's execution by such party or signatory has been duly authorized by all necessary action; and c) that this Agreement constitutes a valid and binding obligation on that party, enforceable in accordance with its terms. Each party or signatory to this Release Agreement warrants that it, he, or she has read the Agreement, and each party understands that the Agreement is a full, final, and complete settlement and release of all claims held, owned, or possessed in any capacity whatsoever by each releasing party as against each released party. Each party or signatory to this Release Agreement warrants that other than the Consolidated Lawsuit, it, he, or she has no suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation pending or threatened against any other party, any other party's business, or properties, its financial or other condition, or the transactions contemplated under this Agreement. 11. No Admission of Liability. This Release Agreement is a compromise of all disputed claims and shall not at any time or for any purpose be deemed an admission of liability by any party. 12. Binding Effect. The Parties understand and expressly agree that this Release Agreement shall be binding upon and inure to the benefit of the Parties, their successors, assigns, agents, servants, employees, attorneys, representatives, independent contractors, or any other individuals or entities acting in privity or concert with them. 13. Modification of this Release Agreement. This Release Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification of this Release Agreement shall be binding unless it is in writing and signed by the party to be charged. 14. Merger. This Release Agreement, and the documents referenced herein, constitute the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this agreement and supersede all prior and contemporaneous understandings or agreements of the Parties. No party has been induced to enter into this Release Agreement by, nor is any party relying on,any representation or warranty outside those expressly set forth in this Release Agreement. 15. Review by Counsel. Each party has participated fully in the review and revision of this Release Agreement. Each party has been afforded sufficient time and opportunity to review the Release Agreement with legal counsel of its choice. This Release Agreement shall be deemed to have been jointly prepared by all parties hereto, and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Release Agreement. 16. Attorneys' Fees. The Parties agree that in the event of any legal action or proceeding seeking enforcement or interpretation of this Release Agreement, the prevailing party in such proceeding shall be entitled to recover its attorney's fees and costs incurred in connection with such action or proceeding. 17. Reservation of Rights. To the extent not inconsistent with this Release Agreement, the Parties reserve all rights, privileges, and immunities under applicable laws. 18. Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Release Settlement Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, orremedy, whether similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19. Interpretation. Unless the context clearly requires otherwise, (a) the plural and singular shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting. 20. Headings. The headings in this Release Agreement are included principally for convenience and shall not by themselves affect the construction or interpretation of any provision in this Release Agreement, nor affect any of the rights or obligations of the Parties to this Amended Settlement Agreement. 21. Further Documents. The Parties agree that at any time after execution of this Release Agreement, they will, upon request of the other party, execute and deliver the further documents and do the further acts and things as the other party may reasonably request to effectuate the terms of this agreement. 22. Incorporation of Other Documents by Reference. All other documents attached to or referred to in this Release Agreement are incorporated into this Agreement by reference for the purposes set forth in this Release Agreement. 23. Venue and Choice of Law. The Parties agree that any dispute that arises with respect to the interpretation or enforcement of this Release Agreement shall be resolved in Harris County, Texas. This Release Agreement, and any dispute arising between the Parties as to this Release Agreement, shall be governed by the laws of the State of Texas without regard to conflicts of law principles. 24. Severability. Should any of the provisions in this Release Agreement be determined to be invalid by a court of competent jurisdiction, it is agreed that this shall not affect the enforceability of the other provisions herein, and the Parties shall negotiate the provision or provisions in good faith to effectuate its or their purpose and to conform it or them to the law. 25. Counterparts. This Release Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 26. Abatement of the Consolidated Lawsuit. The Parties agree to abate both proceedings in the lawsuit for thirty (30) days from the executed Mediated Settlement Agreement to facilitate the presentation of the Settlement and Mutual Release Agreement to the City of Baytown City Council and to prepare for trial if necessary. 27. Effectiveness. This Release Agreement will become effective immediately as of the Execution Date. The Parties acknowledge that this Release Agreement is subject to approval by City Council of the City. [EXECUTION PAGES FOLLOW] IN WITNESS WHEREOF, the Parties have, through their authorized representatives and on the dates shown below, signed this Release Agreement in multiple copies, each of which shall be an original, as of the date first given above. By: Eric G. Carter Jr. _ Date: Z SWORN AND SUBSCRIBED before me by Eric G. Carter, Jr. on the day of fk Vlti[L1►/1 , 2025. MONICA MORENO tI� � 4nno Notary Public,State of Texas Comm.Expires 09-23-2028 Notary Public, State of Texas Notary ID 124882145 Notary's printed name: fvl;>r' COL Yy aVIo My commission expires: 0111 2131 Z91 By: i Suza Orr Carter Date: � 1 6 SWORN AND SUBSCRIBED before me by Suzan Orr Carter on the day of ) 2025. MONICA MORENO Notary Public,State ofTexas Comm.Expires 09-23-2028 Notary Public, State of Texas �••��"' Notary ID 124882145 Notary's printed name: J�LtYbyip My commission expires: 001)Z71 I zY CITY OF BAYTOWN, TEXAS By: Jason Reynolds City Manager Date: SWORN AND SUBSCRIBED before me by Jason Reynolds on the day of ) 2025. Notary Public, State of Texas Notary's printed name: My commission expires: Exhibit A Exhibit"A" I' Windrose Land Services,inc Houston,Texas 77042 u1 Phone(713)458.2281 Fox(713)461-1151 Professional Development Consultants f Land Surveying,Platting, Pro)oct Management and GIS SarvIces Firm Registration No. 10109800 DESCRIPTION OF 0.7215 ACRES OR 31,429 SQ.FT. A TRACT OR PARCEL CONTAINING 0.1215 ACRES OR 31.429 SQUARE FEET OF LAND,BEING OUT OF A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G.CARTER,JR AND SUSAN 0.CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100519150,SITUATED IN THE W.C.R.R.CO.SURVEY NO. 1,ABSTRACT NO.9",HARRIS COUNTY,TEXAS,WITH SAID 0.7215 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE(NAD 83): COMMENCING AT A CAPPED 5i8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE EAST LINE OF SAID 54.5913 ACRE TRACT MARKING THE SOUTHWEST CORNER OF SANTAVY STREET(UNIMPROVED)PER KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,AS RECORDED IN F.C.NO.674108.H.C.M R. AND THE NORTHWEST CORNER OF A CALLED 2.7149 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F043716; FROM WHICH A 2 INCH IRON PIPE BEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52 SECONDS EAST,0.55 FEET; THENCE, ALONG SAID'EAST LINE, SOUTH 12 DEGREES 08 MINUTES S9 SECONDS CAST, A DISTANCE OF 8.20 FCGT TO A CAPPED 5/9 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR THE PLACE OF BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCIBED CASEMENT; THENCE,CONTINUING WITH SAID EAST LINE,SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 40.63 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; SAID POINT ALSO MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 482.50 FEET, A CENTRAL ANGLE OF 08 DEGREES 13 MINUTES 59 SECONDS,AN ARC LENGTH OF 69.33 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES 21 MINUTES 26 SECONDS WEST,69.27 FEET TO A POINT MARKING THE BEGINNING OF A NON TANGEN CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1.665.00 FEET.A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 27 SECONDS,AN ARC LENGTH OF 95.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH IS DEGREES 47 MINUTES 34 SECONDS WEST,95.13 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 565.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS.AN ARC LENGTH OF 121.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST,120.77 FEET TO A POINT OF REVERSE CURVATURE, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 435.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 49.80 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST,48 78 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1653.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 134.77 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST,134.73 FEET TO A POINT OF TANGENCY; THENCE.SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST,A DISTANCE OF 280.56 FEET TO A POINT ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, ALONG SAID NORTH LINE, SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, A DISTANCE OF 52.65 FEET TO A CAPPED S18 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SCT MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; FROM WHICH A FOUND 518 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 1.0502 ACRE TRACT BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE OF 267.03 FEET; THENCE, LEAVING SAID NORTH LINE, NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST, A DISTANCE OF 31480 FEET TO A CAPPED 5/9 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT: SHEET 2 OF 3 a Windrose Land Services,Inc o r 2200 VlOMS1,Sulro 325 !Y E Houston,Texas 77042 Phone(713)458.2281 Fax(713)461-11 SI Professional Development Consultants 1 Land Surveying, Platting, Project Management and GiS Services Firm Registration No. 10108800 THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET, A CENTRAL. ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 131.51 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25 DEGREES 36 MINUTES 26 SECONDS EAST,131.47 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 26 DEGREES 29 MINUTES 09 SECONDS EAST,53.26 FEET TO A CAPPED Sig INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 112.43 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 23 DEGREES 33 MINUTES 53 SECONDS EAST,112.22 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1625.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 49 MINUTES 59 SECONDS,AN ARC LENGTH OF 108.71 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 15 DEGREES 30 MINUTES 48 SECONDS EAST,108.69 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET MARKING THE END OF SAID CURVE; THENCE,NORTH 56 DEGREES 06 MINUTES 09 SECONDS EAST,A DISTANCE OF 29.32 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; THENCE, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 442.50 FEET, A CENTRAL ANGLE OF 09 DEGREES IS MINUTES 36 SECONDS,AN ARC LENGTH OF 7L52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 57 MINUTES 34 SECONDS EAST,71.44 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.7215 ACRES OR 31,429 SQUARE FEET OF LAND,AS SHOWN IN JOB NO.52208.0.7215 AC.,PREPARED BY WINDROSE LAND SERVICES,INC t OF �P:....is rgq•... ..................... Fo�N. gOOEHT KNE85 . ...... UI-18-16 OBERT KNESS .......................... R.P.L.S.N0.6486 �'9 DATE STATE OF TEXAS �°SURVFy SHEET 3 OF 3 CURVE TABLE CuNve RADIUS OeCTA ARC OeARfq CHORD oNT1AW aiR(t1AMW11OVee1 Cl M w orl2wY 6.r Nennrw Nir r10 r o.ra my µuaOAew� w sr1/7r C.aw P.O.C. cIn«...c.A a IiSww 021e7r aIr s1rArww eflr l� Clp RD a s"Or Ir1y1r 121.w s2rusrw lsafr %/ - — — — ' NORTH G "sow 067Y4r Aew 87SR10o'W AL70' % P.O.B. SCALE. 1' 100' CS Rsss.w a•Alrlr iwl.rr a2SY1CW 13,7r Ce feOw a•Atnr g1Ar N2su r1, 121.Ar CtI 42sw ormr swa finlaere S32w u wnaw Irlytr Iu.o N23.3m.E nsa O I LINE TABLE ti 112sw OrAywP IOa2r N1rm.rE IOaey / I ua eEA704 I olsrArlce CIO M2y Or1170• /lsr ea'sra1•C 11.M' I / CI 812rorsr! 0.20' CALLED 54.5917 ACRES i(ID . V STr2rarw ady OW4 CMl0.�iER.st SYSIUI L4 NSa'Osara weir N.eef.NG 20100510150 £ I GENERALNorts �s i'.' £ � 1.twxroll Do Iaf AeSAAtT wUodtt Pe00eATr, %� w88g R1Q fu1K'f FAi fAaAACe IMINlA11 IIQ aORni l LON I Q ar A QNapT ant Waal a AsslsAttas i� A 9L y u�lerArt ANo.ouo oe sorter ro Mr ALL m %i D COgltgvf a RLwtAIttRWS INAI A(1AIR(NT y Y pn�t�fa11 a Asmutloas eamunc rAr /� I �j g�¢ I s aeM«ss Iarc eAs1n D7215 ACRES COMM p I a R I 3/,429 50l FT. w INS PLAT 6 KCOIPAMCD Or A$&,HAIL MMS •7� i�/(� I AM DO PM K%CWFOL i i �• �; ry 'I EXHIBIT OF 0.7215 AC.1 31,429 SO.FT. SITUATED THE ry l W.C. SURVEY NO.1,A B99 '-4*M LAND swfees HA • �sn•u /%h � HARRISRIS COUNTY,TEXAS TI Inv A' m LS faocowr w1c ol.l�la WabMwo LOW SefWtos,IRO CALLED I.OS02 ACRES dAu�Ofg1.0SMM:AWOGIs oRAwN or b1 PEW �.� 3w RIMOC*—in O���A 001 CORPORATION aNCtEoer wl aSV r'Mr n12J U/J711 � �iii i IM Weer NO.f-Os2A00 N•C•�•�•f-0]693e Memo "NSAIMAC REV P/D/OSSIOneI DOvokonseRI CORsull9nls 71KEf 1 W S Rev, 1Mm^`NR nptlM«grrK 04SAMIr1 /1v RgitiY1A0 IelASatl Exhibit B Exhibit"B" AV Windrose Land Services,Inc 3200 WMcrO34 Sulfa 325 Houston,Taxes 77042 Phono(713)450.2281 Fax(713)461-1151 Professional Development Consultants f Land Surveying, Platting,Project Management and GIS Services Firm Registration No. 10100800 DESCRIPTION OF 1.1094 ACRES OR 48,323 SQ.FT. A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48,373 SQUARE FEET OF LAND,BEING OUT OF A CALLED 54.5913 ACRE TRACT TO ERIC G. CARTER, JR AND SUSAN O. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F. NO. 20100519150.SITUATED IN THE W.C.R.R.CO. SURVEY NO. 1,ABSTRACT NO.899,HARRIS COUNTY,TEXAS,WITH SAID 1.1094 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE(NAD 83): CONIMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN,TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.C.F.NO.F•591325,MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD(UNIMPROVED)AS DEDICATED IN KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,RECORDED IN F.C.NO.674109.H.C.M.R.AND THE NORTHEAST CORNER OF RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 2012044266S; FROM WHICH A FOUND CAPPED 112 INCH IRON ROD STAMPED "BUSCH HUTCHINSON" YEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST,A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREOF, RECORDED IN F.C.NO.639181.H.C.M.R. THENCE,ALONG THE WEST LINE OF SAID SAN JACINTO BOULEVARD,SOUTH I I DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 539.09 FEET TO A FOUND 3/4 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF A CALLED 14.558 ACRE TRACT CONVEYED TO JOHN R.SANDERS IN THAI' CERTAIN GENERAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20120061033 AND THE NORTHEAST CORNER OF SAID 54.5913 ACRE TRACT; THENCE,ALONG THE SOUTH LINE OF SAID 14JSS ACRE TRACT,SOUTH 77 DEGREES 25 MINUTES 16 SECONDS WEST,A DISTANCE OF 97.20 FEET TO A CAPPED 518 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR THE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT;SAID POINT ALSO MARKING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE,ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1487.00 FEET,A CENTRAL ANGLE OF 30 DEGREES 09 MINUTES 02 SECONDS,AN ARC LENGTH OF 792.50 FEET AND A CHORD DEARING AND DISTANCE OF SOUTH 12 DEGREES 52 MINUTES 03 SECONDS WEST.773.50 FEET TO A CAPPED 519 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR A POINT OF TANGENCY; THENCE,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS(VEST,A DISTANCE OF 422AS FEET TO A CAPPED 518 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION IN THAT CERTAIN DEED RECORDED IN II.C.C.F.NO.1`032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,ALONG SAID NORTH LINE,SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE OF 52.65 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; FROM WHICH A FOUND SIB INCH IRON ROD BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,48.52 FEET. THENCE,LEAVING SAID NORTH LINE.NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST,A DISTANCE OF 456.89 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1447.00 FEET,A CENTRAL ANGLE OF 29 DEGREES 51 MINUTES 38 SECONDS,AN ARC LENGTH OF 754.13 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 13 DEGREES 00 MINUTES 45 SECONDS EAST,74S.62 FEET TO A POINT ON THE SOUTH LINE OF SAID 14.556 ACRE TRACT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,ALONG SAID SOUTH LINE,NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST,A DISTANCE OF 40 68 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.1094 ACRES OR 48.323 SQUARE FEFT OF LAND,AS SHOWN IN 1 B NO.$2208-1.1094 AC,PREP RE O DY WINDROSE LAND SERVICES,INC. y P•t�`G{EqF+9 W ti ROBERT KNESS ............ 4g...JESSN DATE �0.12 15 R.P.L.S.NO.6486 8 STATE OF TEXAS y0 SUgVEyO SHEET 4OF4 NORTHSCALE. I* low SHEET 2 / SHEET 3 1.1094 ACRES 4$J23 SO. n CALLED SA 5913 ACRES •/i 0y ERN:C.CARTER JR 4 SUSAN 0.CARTER H.CC.F. NO.20100519150 lb �i L2 m CALLED 1,0502 ACRES EXHIBIT OF CALLED 1.0502 ACRES 04ANOND SHAMROCK 1.1094 AC.1 48.323 SO.FT DIAMOND SHAMROCK CORPORATION SITUATED IN THE I CORPORATION RC.C.F.NO.F-035939 N C.CF.No.►-032490 W.C.R.R.CO. SURVEY NO.1,A-899 HARRIS COUNTY,TEXAS er: DATE- ORAVM W dIV"Land San*es,Inc. OMWN W. REV: .� lle/H<bMtswr)M / brnN)ASe.7H i),ap.rji 01ECNED Br RK RM. /I� Joe No, SzMl 10w AC. REV, Pfulesslonal Development Consullams <wrasu.rp,A�'a AodAwwo— taas—, lNEEi)OF4 REV: RsnAWW" ft rNMW _ SH_EET 1 — — — — SHEET 2-- — — — --- I ~ I LINE TABLE 7QGSCALE' NORDTH P.0.8. I I UNE BEARINGOISYANCE L3 m u s2rxtirw aao L2 S FT2749•w 5261 CALLED 54.5913 ACRES r.o ip•u L2 mwalrE AO.Sf ERIC 0.CARIER,St.k LA a?r2=A9'w A6,52' SUSAN 0.CMIEA H.C.CF.NO.20100519150 r j ROANNDER OF ( CALLED 14&640 ACRES JOHN k STEFANKA SANIAVY 1.1094 ACRES /j I I VOL 1327,PC.et,H.C.o.R. 4AJ2J SO. FT. •ri �rur i/ �y 1 �g11DROSC IAMD fERN[CS' V SANTAW SIRWOMWROVCD) Iwusa11ar1 ��' c e v.a•c. i — — — — EXHIBIT OF /i 1 1094 AC./ 48.323 SO.FT. DIAMOND AMOLED 2.7SI U6 ACRES j pAu U71 ROaI SITUATED IN THE CORPOH.C.C.F.Na F023716 WC.R.R.CO. SURVEY NO.1,A-899 HARRIS COUNTY.TEXAS / SHEET 2 _ 11� _ /aLOF°o~ °"ta alF'u WirWroso LaidSoMtos,Ina SHEET3 ///, — — -- onAwn en CA RSV. 0oH4ns(SY• m CHECKED 6Y: BK NM. ` /Isr(IIJI-IKjI)1�%A17JM1.�1 Joe No. 571011.1051 AC. REV. §nrotosskuW Deveft manl CDnwllanls IAwf.ww9,-"AwwmmwmwA Oqs—$ $KEY 2 op RSV; ApbNgbnAL 1otmw cAUZD 02.e624 ACRESCONYDED EwA1 p1,Ar GENERAL Ho1Es P.O.C. ��BAR,TRNJSTEE I ACADEMY SPORTS AND 1• Swrvrm4 00 Nor AOs=ACT w&cer pn= no r'V.r/ DUT000R5 DAYTONN MIS ROMY TA1S PREPAem SATITRUT THE BU101i FIORTH apart°� N.0 T F�NO.F591325 N n�3a'E F.C.NO.639161 H.CM.R. - Or A GPIROIT HOLE PEPORI OR ARSTRACTO11S CEJITVICATE AND MOULO a SU8XCT To ANY ALL tj61,]0' ="M*1S 04 RCSTRNnTONS THAT A CONOET SCALE 1• 100' — — — Ir IA RESIDUE — I ECAPPEDR6u01 9EMNtl WOWost T Olt � W ASMACTORS CERTATE Y S. [OASM ON THE TOGS SIAft PLANE COWAMATE STSIX14 SCUTN CENTRAL 10NC PUM 1 L THISAlm ePLAT 4 aCtD�V A or A PAPAIE Y[I[S I 1 CALLED 10.50.5 OF 41 ACRES I PASCUAL OSJVARES H.C.C.F.N0.20120"2665 r G ®-sn eAnm an'LP. cA I '.1Near>sc LAND SERHas• kl �I r NSTX eATTONN nNAL PUT CURVE TABLE u F C.N0.674100.M C.M.R. CUgUE RA0RJ0 DELTA ARC eEAulwo CNORO °I 9 $ et 1 uer.aa 30'6JrOr ie2S0' slrsrorw Tr25O S2 Cr 114rA0' F 29'S17e' 751,1r N1rODPA3'6 )AS i7 6 CALLED 14.SS&ACRES I '0..R.SANDERS I 1 N.GC.F.140.20120061033 ( I _ SHEET 1 — SHEET 2 1 1 EXHIBIT OF 0.8. 1 1 1.1094 AC./ 48,323 SO.FT. L3 ® SITUATED IN THE W.C.R.R.CO. SURVEY NO.1,A-899 CALLED 51.5913 ACRES L1 HARRIS COUNTY,TEXAS ERI ER.CART dR. —"I LA SUSAN 0.CARTER FIELDED or.. DATE: 1TF1rds _ N.C.CF.N0.20100519150 I wNToEDse LedsMs1M,lM I way CA REV: ;pb CHECKED w. RN ph-am Fw nwr A7►>jI1 NapOl AA1.1g1 / JOe 110 srEae 110s.AC RVI. PED/essionaf Develwwnf Cansuffanfs '� TWC6TI WA ay; L"A." mus F'�lArA1NUDAsrALG SJ b. AiwAgSU0A1 N0.1aim pp Exhibit C NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY DRAINAGE UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTORS ERIC G. CARTER,JR. and SUZAN O. CARTER, owners of the below-described real property, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed by GRANTORS, have GRANTED, SOLD and CONVEYED and by these presents do hereby GRANT, SELL and CONVEY unto the GRANTEE CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, a temporary drainage utility easement above, across, over and under the real property located in Harris County,Texas,which is more particularly described in Exhibits "A," and `B," which are attached hereto and incorporated herein for all intents and purposes (the"Property'). Terms of this Temp r ry Easement 1. Use GRANTEE. GRANTEE may place no improvements in the Easement Area other than (i) one or more storm sewer intakes or collection points to direct water into the storm sewer line to be constructed on the adjacent right-of-way tract owned by GRANTEE, and (u) a temporary drainage ditch or swale for the purpose of collecting storm water and directing it into the storm sewer intakes or collection points. During the term of this temporary easement GRANTEE shall be responsible for the maintenance of the Easement Area in efforts to keep it mowed and free of trash and excess vegetation. 2. Non-exclusive. This temporary easement is non-exclusive, and GRANTOR may also utilize the Easement Area (and/or convey other easements over the Easement Area) so long as GRANTOR's use does not unreasonably interfere with GRANTEE's use of the easement for the purposes stated herein. 3. Construction Activities. GRANTEE agrees after that it completes construction of the improvements in the Easement Area,it shall repair any damage to the surface of GRANTOR's property that was caused by GRANTEE,its agents or contractors. Temporary Drainage Utility Easement,Page a 4. Nature of Conveyance. GRANTEE accepts this temporary easement and the Easement Area in its current AS-IS condition and subject to all matters of record,if any. 5. End of Temporary Easement. This temporary easement shall terminate, and GRANTEE shall promptly confirm same in writing upon the request of GRANTOR or any future owner of all or any portion of the land on which the easement is situated (each, a "Property Owner") on September 30,2021. If the City of Baytown's engineer determines that,with respect to a tract owned by such Property Owner, the drainage easement is still necessary because drainage improvements on the site are required to prevent the diverted storm water from draining onto neighboring properties, upon written request to GRANTOR this Temporary Easement may be extended until September 30, 2026. Upon the termination of this Temporary Easement GRANTOR may remove the headwalls and swale installed by GRANTEE. Nothing herein shall prevent GRANTEE from terminating this Temporary Easement earlier than September 30,2021. G. Consideration for Easement. Grantor has granted this temporary easement in consideration of GRANTEE'S promise (A) to build (i) San Jacinto Boulevard, (itJ lift station access sleeves across San Jacinto Boulevard as depicted in Exhibits"C"and"D,"which are attached hereto and incorporated herein for all intents and purposes, and (iii) curb cuts and access to San Jacinto Boulevard as approved by GRANTEE;and (B) to allow curb cuts and access to Santavy Road once built as approved by GRANTEE and in accordance with all applicable codes,rules and regulations. TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress to and from said easement for the purpose of constructing,inspecting,repairing, maintaining and removing utility and drainage lines, structures and other improvements, unto GRANTEE, its successors and assigns for the term stated herein. Notwithstanding the foregoing, it is expressly understood and agreed that the GRANTOR may request in writing that this temporary drainage utility easement be abandoned and the GRANTEE shall abandon the same by filing a notice of abandonment in the deed records of the Harris County if(i) a certificate of occupancy has been issued for all of the development on a tract to which this easement pertains and (ii) GRANTEE's engineer detemiines that the drainage easement is no longer necessary and does not impede the natural flow of surface waters in a manner that damages the property of another by the overflow of the water diverted. Because this Temporary Drainage Utility Easement,Page 2 Tcrnporaq- Fasenlent impacts nvo (2) tracts of land owned by Gl;U\NTOR, GRANDEE may release one tract or both tracts depending on the then current drainage requirements. GRANTORS agree to bind themselves, their heirs,executors, adnvnistrators, representatives and assigns to WARIU\N'1'and I-OREVER UF:FENU, the said property unto the said GR,\NTEE, CITY OF BAYTOWN, its successors and assigns, against ever• person whomsoever lawfully claiming or to claun the same or any part thereof. EXECUTED this the � day of ERIC G. CAR R,JR. RXF-CUTEU this the �1L� day of Ne +r�h�►,I ,� ", 1, GRANTOR: SUZAN O. CARfIER STATE Or• TEXAS COI IM Y OF HARRIS l dol-C nu, �1lU1U1� 1:1 rll the undersigned notary public, on this day personally appeared ERIC G. CARTI-M,JR., the owner of the above-described property, known to tile to be the person whose tulle Is subscribed to the foreg igti li]StrllnlCilt and aClCnp\\'Ie(Igetl to me that he executed the sank for the purposes and consideration therein expressed. Given under niv hand and scat of office this d:tt• r�f_(Vf1t otl� MONICA MORENO 41u(r�Yl,l obi Notary Public,State of Texas Notary Public in and for the State of Comm.Expires 09.09.2020 TcX.ts. Notary ID 124882145 My conitnission expires: H01 20 Temporary Drainaze Ulifily Eascntcnt.Page 3 STA-1'1--- 01 1'131r\S COUNTY OF HARMS § liefore Inc, r(1,WaMLy'Al o , the undersigned notary public, on this dly personally appeared SUZt\N O. CARTER, the owner of the above-described property, known to me to be the person whose nattne is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and eonsideradon therein expressed. Given under my hand and sea) of office this Will, (a, of I� 20 MONICA MORENO 1, �( 5+s Nest,ry PUbI c,State of Texas ''4Lc Comm.Exoiroe 09-09.2020 Notary Public in and for the State of �'4%o'`'+ fS•a:7ry ICt 124882145 Texas rnu� AA \1)•eomnvssirnn expires: GRANTORS'ADDRESSES• ERIC G. CARTER,JR. SUZAN O. CARTER l S 1 1 Southmore Blvd Fl0ust0n,'1't 77004-5946 RETURN TO GRANTEE: CITY OF BAYTOWN Attu: City Clerk P.O. liox 424 Baytown,Texas 77522 Temlwrary Drainage Utility Ememem. Page 4 Exhibit"A" Madrose Land Services,Inc 3200 VAtM&%Suite 328 /4 Houston,Texas 77042 Phone(713)450.2281 Fax(713)4e1.1181 Professional Development Consultants Land Surveying,Pistttng,ProJect Management and GIs Services Firm Registration No. 10108800 DESCRIPTION OF 0.7215 ACRES OR 31,429 SQ.FT. A TRACT OR PARCEL CONTAINING 0.7215 ACRES OR 31,429 SQUARE FEET OF LAND,BEING OUT OF A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G.CARTER,TR AND SUSAN 0.CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100519150,SITUATED IN THE W.C.R.R.CO.SURVEY NO. 1,ABSTRACT NO.999,HARRIS COUNTY,TEXAS,WITH SAID 0.7215 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE(NAD 83): COMMENCING AT A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE FAST LINE OF SAID 54.5913 ACRE TRACT MARKING THE SOUTHWEST CORNER OF SANTAVY STREET(UNIMPROVED)PER KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,AS RECORDED IN F.C.NO.674108,H.C.M.R. AND THE NORTHWEST CORNER OF A CALLED 2.7148 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F043716; FROM WHICH A 2 INCH IRON PIPE BEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52 SECONDS EAST,0.55 FEET; THENCE, ALONG SAID EAST LINE, SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST. A DISTANCE OF 8.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR THE PLACE OF BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,CONTINUING WITH SAID EAST LINE,SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 40.63 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; SAID POINT ALSO MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 482.50 FEET, A CENTRAL ANGLE OF 08 DEGREES 13 MINUTES 59 SECONDS,AN ARC LENGTH OF 69.33 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES 21 MINUTES 26 SECONDS WEST,69.27 FEET TO A POINT MARKING THE BEGINNING OF A NON TANGEN CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,665.00 FEET.A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 27 SECONDS,AN ARC LENGTH OF 95.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 15 DEGREES 47 MINUTES 34 SECONDS WEST,95.13 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 565.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 121.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST,120.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 435.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 23 MINUTES 42 SECONDS,AN ARC LENGTH OF 49.80 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST,48.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1653.00 FEET.A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 134.77 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST,134.73 FEET TO A POINT OF TANGENCY; THENCE,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST.A DISTANCE OF 280.56 FEET TO A POW ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, ALONG SAID NORTH LINE, SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, A DISTANCE OF 52.65 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; FROM WHICH A FOUND 518 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 1.0502 ACRE TRACT BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE OF 267.03 FEET; THENCE, LEAVING SAID NORTH LINE, NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST, A DISTANCE OF 314.90 FEET TO A CAPPED Sig INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT; SHEET 2 OF 3 A' Windrose Land Services,Inc 2200 Mlcrosl,Su/to 325 Houston,texas noel j Phone(713)458-2281 Fax(713)4614161 Professional Development Consultants f Land Surveying, Platting. Project Management and GIS Services Firm Registratlon No. 10108600 THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 131.51 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25 DEGREES 36 MINUTES 26 SECONDS EAST,131.47 FEET TO A CAPPED 5/11 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 475,00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 26 DEGREES 29 MINUTES 09 SECONDS EAST,53.26 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 112.43 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 23 DEGREES 33 MINUTES 53 SECONDS EAST,112.22 FEET TO A CAPPED S/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1625.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 49 MINUTES 59 SECONDS.AN ARC LENGTH OF 108.71 FEET AND A CHORD BEARING AND DISTANCE OF NORTH IS DEGREES 30 MINUTES 48 SECONDS EAST,108.69 FEET TO A CAPPED 518 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET MARKING THE END OF SAID CURVE; THENCE,NORTH 56 DEGREES 06 MINUTES 09 SECONDS EAST,A DISTANCE OF 29.32 FEET TO A CAPPED Sig INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT, THENCE, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 442.50 FEET, A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 36 SECONDS,AN ARC LENGTH OF 71.52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 57 MINUTES 34 SECONDS EAST,71.44 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.7215 ACRES OR 31.429 SQUARE FEET OF LAND,AS SHOWN IN JOB NO.S2208.0.7215 AC.,PREPARED BY WTNDROSE LAND SERVICES,INC. �QSgG 0 E ;F9 ROOERT.KNESS 01-18-16 OBERT KNESS ` )"" DATE R.P.L.S.NO.6486 �9+�0 ess aiTvpQ STATE OF TEXAS ti0 SURVEY SHEET 3 OF 3 CURVE TABLE 0MI RA N I MIA ARC BFM1PaT ow CI ON W13'39' M' N9B't149'W W Ilm f IP Ton II6. �A�mto ) s sr+en'c ass P.O.0 inenoa�wu a lox war 9i1C sts4WW TTstr �4 ®C10 r4 — C3 ax trlstr 12tx SvvvW lair ® '% _ TNORTH G OX CM4r 48 0 S2TEWW air � � IP..01 SM- 1'v 1W CS lox oratr to r s2S3r18'W u4n �! CS 1Bt2Do vair nor N2S2B24'E 131AT Cr 47sx W294r as N2B'2B9rE 517 C8 ex irlrw 11W N23"WE 1122 � ' I � LINE TABLE co 1oxx Or4W l 7r NIMWE low / ( � LK BFM coma CIO 41250' OB'sv T1.Sr SBB'WE TiM' �•'-� U 912'OBWE 82 12 912'08'SS'E 49 MM 54M13 90 � U 8 7 6W an EItlC G cAR1ER A&SOSAN � /;`" u NSA'Os09'E 293t G corm+ I I N.0 U.NG 2010D510150 •,' I s o I x GGGA1 NOTES �Qp 1. RIAVEILR Om NOT ABSTRACT SLUC►PROP". OF Ad WT Ti1 rlF��ENO AW NABSW BEOT I W=CERTMO OOMMINS OR T AND� s�uT A 0AWlt TO MY ALLi �: � D TERE WMT OR A951RA US CERITM11 MAY OMOSE Q7215 AptES I B XR I Z WIMATEEsmnT�,ON 00�rF W ME(N�) 31,429 SO FT T A1115 ND FLATS ACMAND BY A WARATE METES EXHIBIT OF A, I I 0.1215 AC.131,429 SQ,FT. SITUATED IN THE su Wn sIr 1A W.C.R.R.CO. SURVEY NO.1,A499 �, VM LW OMW HARRIS COUNTY,TEXAS rias r ®UL �Br. DATE: 01. O Wlr1 eL9ndS2AYl0eS,LAG oftmgmss Mo IM2 AM Ma 1�AM oTuwNer a AEv MSWMw 1��` *WKTamMV DIAMC $H= COBpORA= CIEO1 R. RN W. � PAaie(Ti>)IlA.rlBt Fa(TAgrB 101 H C.CF.N0.F-038939 H.CCF.NQ F-032490 OK STlQa0.MIX FW. lead Sr►ryiiy AiB�Aged Mee�roeK GTS Sentate 98TIOFJ I I& A1aRpgMEbeAtino Exhibit"B" Windrose Land Services, Inc r r n 0 3200 INilcrest,Suile 325 Houston,Texas 77042 Phono(713)458-2281 Fax(713)461.1151 Professional Development Consultants f Land Surveying, Plaffing, Project Management and GIS Services Firm Registration No. 10106800 DESCRIPTION OI' 1.1094 ACRES OR 48,323 SQ. t-r. A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48 52,1 SQUARE FEIiT OF LAND,BEING OUT OF A CALLED 54.391.1 ACHE I R ACr TO ERIC G CARI ER. At AND SUSAN O. CARTER IN THAT CERTAIN SPL'CIAL WARW\NrY DEED I;LCOKDED IN II C.C.I•. NO. 20100519150. SI I'UATED IN TIIE W'.C.R.R. CO. SURVEY NO. I.ABSTRACT NO.8h9.HARRIS COUNTY,TEXAS.WITH SAID 1.1094 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND UOUNDS AS FOLLOWS WIT[[ALL BEARINGS BASED ON THE TEXAS S1 ATE PLANE COORDINATE SYSTEM.SOUT11 CENTRAI.ZONE(NAD 83): COMMENCING AT A 2 INCH IRON PIPE.WITH DR.•ASS DISK I'OUNU ON TIII:SOUTH LINE OF A CALLED 82.8694 ACRE I PA('r CONVEYED TO GEORGE GILMAN.TRUSTEE IN TI IAT CERTAIN WARRAN rY DIED WITII VENDOR'S LIEN RECORDED IN ILC.C.F. NO. F-591325,MARKING TIIE NORTII\vur CORNI:R OF SAN JACINIO 1JOULFVARD(UNIMPROVED)AS ULDIC'AT);D IN KST:C UAYTOtVN FINAL PLAT.ALAI'OR PLA'r TIIERI:01%RI:C'ORDED IN F.C.NO.674109,It C.M R AND TIIL:NORTI MAST CORNER OF RESIDUE Of A CALLED 10.5.11 ACRE l RACI 10 PASCUAL OLIVARES IN TIIAT CERTAIN GENERAL.WARRAN IN DIA:D RECORDED IN I(ARRIS COUNTY CLERK'S FILE (ILC'.C.F.) NO. 20120442(165; FROM WHICH A I"OUND CAPPED 1/2 INCII IRON ROD STAMPED "DUSCII IIUfCI11NSON" III-.ARS FOR REFERENCr-. NORTH 77 DEGREES 09 MINUTES 33 SECONDS EAST,A DISTANCE OF 1367.30 rEET MARKING THI-'SOII'1'IIWESI CORNER OF FINAL PLAT ACADENIY SPORTS AND OUTDOORS BAYTOWN. MAP OR I'LV' 1111:RF01. RECORDED IN F.C.No .63')Ix1,1I.C.\ TIIENCE.ALONG 1 HE WES I LINE OF SAID SAN JACINTO R(IULEVARD,SOU I'll I I DEGREE'S 53 MINUTES 36 SECONDS EAST. A DISTANCE OF 539.09 FEET TO A FOUND 314 INCII IRON ROD MARKING -1111: SOUTIMAST CORNER OI'A CALLED 14.55H ACRE.TRACI CONVEYED TO JOIIN R. SANDERS IN I IIA'I' CERTAIN GENL'R,\L WARRAN I Y DEED RECORDED IN H.C.C.F.NO.20120061033 AND TIIE NORTIIEAS"I' CORNER OF SAID 54.5913 ACRI'TRACT: 'rnj:.NCi..ALONG TIIE SOUTH LINE- OF SAID 14.539 ACRE IRAC1%SOUTH 77 DEGREES 2S,\IINU-rES 16 SECONDS\VEST.A DISTANCE Or 97.20 rr.n*TO A CAPPED S/8 INCII IRON ROD STAMPED"WINDROSC• LAND SERVICES" SET FOR THE NORTIIEAS'r CORNM AND I'I.ACF Or BEGINNING 01:Till: HEREIN DESCRIBED FRAC T.SAID POINT ALSO MARKING'111L BEGINNING OF A NON;TANGENT CURVE"117'1111: RIGIII. THENCE:.ALONG SAID CURVI:10'I HE RIGIrr HAVING A RADIUS 01'14x7.00 FEET.A CEN 1'RA1.ANGLE Or 30 DEGREI:S 09 MINUTES 02 SECONDS.AN ARC LENG111 Or 782.50 rr•.r:T AND A CHORD BEARING AND' DISTANCE OF SOUTI1 12 DEGREES S2 MINUTES 03 SECONDS WEST,773.50 rECr TO A CAPPED 519 INCII IRON ROD STAMPED•'WIC IDROSE LAND SERVICES"SI:T rOR A POINT OF TANGENCY; THENCE,SOIrl N 27 DEGREES 56 MINUTES 34 SECONDS WL•S 1.A DIS I ANCE OF423.65 FEE I'10 A CAPPED 518 INCII IRON ROD STAMPED"WINDROSL LAND SERVICES"SET ON 111E NORTII LINK OF A CALLED 1.0502 ACRE (RACI'CONVEYED '1'O DIAMOND SHAMROCK CORPORATION IN THAT CERTAIN DI-'EU RECORDED IN ILC.C.r.NO. F032490 MARKING'fir.SOLTHF.AST CORNER OF THE HEREIN DESCRIBED I RACI; •r1IFNCE.ALONG SAID NORTH LINE.SOUTH 77 DEGREES 22 MINUTI:S 49 SECONDS WEST,A DISTANCE OF 52.65 MET TO A POINT MARKING THE SOUTIIWESI CORNER 01'1'Iili IIEREIN DESCRIBED TRACT; FROM WIIICII A FOUND 519 INCII IRON ROD BEARS rott RFl ERI:NC I?SOi TlI 77 DEGREES 22 MINUTfiS 49 SECONDS WFST.48.52 FEE r; TIiL•'NCF„LEAVING SAID NORTH LINE.NORTI 127 DEGREIIS M MINUTES.14 SECONDS LAS 1,A UIS I ANCE OF 456.89 FEET TO I IIL BEGINNING 01:A TANGENI'CURVr;TO nIL LEFT: THENCE ALONG SAID CURVE TO THE LEFT IIAVING A RADIUS 01:1447,00 FEET.A CEN-rRAI.ANGI E Or 29 DEGREES 51 MINUTES 38 SECONDS.AN ARC LENGTH OF 751.13 Fl:li r AND A CHORD BEARING.AND DISTANCE OF NORTH 13 DEGREES 00 MINUTES 43 SECONDS EAST, 74562 FEET TO A POINT ON ITIE SOUTH LIVE.OF SAID 14 SSH ACRE TRACT FOR THE NORI11WE.ST C:ORNFR OF THE I MRCIN DESCRIBED I R:AC r. TIILNCE,ALONG SAID SOU I II LINF.NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST,A DISTANCE Or 40.68 FEET TO TIIE 1'I.ACE OF 11l:GINNING AND CONTAINING 1.1094 ACRES OR 49.323 SQUAR FFII OF LAND.AS SHOWN IN JUB NO.5170H•1.1094 AC.PREPARED RY WINDROSF.LAND SERVICES,INC.' OF ROOERT.... KNESS •• I11.12.15 1D........ .............:.... ROBERT KNL'SS �•.; u406 DAI E R.P.L.S.NO.6486oFc i9rea��P S'I A'1 E OF TEXAS C�0 S(/RVEy SIII'1:'1'4 0F 4 NORTH SCALE• 1'.ioW SHEET 2 SHEET 3 1.1094 ACRES 44J2J SO. FT. Y CALLED 54.5913 ACRES 0y ERIC G.CARTER.JR.t SUSAN �y o.CARTER Fry H.C.C.F.NO.2MOO519150 t1 •SY/17" 'DOSE LAMD>�Qf' co 1110 sIr ut 12 ® EXHIBIT OF CAUFD 1.OS02 ACRES DU m i.o5052 ACRE IGN DIAMON CDWMA7 ROCK 1.1094 AC.1 48.323 SQ.FT. H.C.C.F.No.F-035939 SITUATED IN THE H.C.C.F.NNO.FF-032490 W.C.R.R.CO. SURVEY NO.1.A-899 HARRIS COUNTY.TEXAS AIELM BY: OATS 1512.13 �� wmt*se Land 8etwim.Mc OMv+Ner. GA REM tiltva-gs,ftan nou CHECVJMB: RK RCM �w(7WAS0,M F017121b/ memo. s22461.10)1AC. RlV: O� cwmda b sNEEr2ovt REV' Nw/iy6•eOenAC4 1swwm SHEET 1 I I SHEET 2 I I LINE TABLE NORTH O.B. I I uNE 9w9No IaarANeE SCAM V. tar L3 0 L1 STr26YrW 97m — — L1.- L7 97rV4VW 626Y CALLED$4.5913 ACRES IM0 1 l3 N777SWE 4oAr ERIC C.CARTER.JR.k U siiM rw 4&W SUSAN 0.CARTER M.C.C.F.NO.20100519150 I IREMAINDER OF I CALLED 14b.840 ACRES JOHN k STEFANRA SANTAVY 1.1094 ACRES I I VOL 1327.P0.82.H.C.D.R. 48,3?3 SO. FT. II r ®- 1MNOROY L: CAwm 6/r LR IAND S01MK6• SANTAVY STREET(M A1PROVEO) rltlIDpROM1 IG IGO.OMCI,R EXHIBIT OF CAUFD 2.7148 ACRES 1.1094 AC./48.323 SO.FT. DUUMD SMAURM SITUATED IN THE CORPORA W.C.R.R.CO. SURVEY NO.1.A-899 M.C.U.N0.W3718 F04 — - HARRIS COUNTY,TEXAS I f1EIn®er DATE 10.1b16 SHEET 2 DRAMNST a REV: �' ua0 / SKEET 3 ` Amrnrn�s6nsl .,1 p1j)af lnsi UQU®SY. FIX REV: r m"m 62J06.1.100/AC REV: DevSkpnwgCamAL,& tAeass..Hq AYS/pt PAr1efA0nprrR Gs 8NEET20F4 REV: Raw RplmainNn 1oin=0/06660 an cmW AM RNAL PLAT CEft NOTES P.O.C. G�OAGE MAN,TRUSTEE I ACADEMY SPORTS AND 1. MEM Dm Not ABMCT wBAiCT PROPERTY, nw t'�.■/ OUTDOORS BAYTOWN 11%w e WAS WARM TMTw THE BEIJFiTT H GGf.N0.F591325 BRASS 06K N ,�.E F.G NO.0181 H.CJ�.R. OF A WMT TITLE 1N MT OR ABSTAACPOR,S CT OCATE AND MD BE SOBW TO ANY ALL TNORTH _ _ _ _ - - --- -, ,�� - - WNDI110NS OR RESIIBCTIOHS TKAT A MWW SCAff 1'a 100' — �1� M= OR AB51AAC10B5 CERMCAIE RAY 2 BEARopS IN BASED DN THE MIAS STATE TKA11E WMATE SY5101,MM M AAL RX(HADB3) d rfM AHD PUT IS DESC�AN BY A SEPARATE METES I I ONE OF CALLED 10.541 AM PASCUAL OUVARES ELGC.F,N0.20120442665 N ®-0 CAPPED 5/r I.R •IW0R0SE LAND SMCES' IA t l MI — — z Ko BAYTOY&1 FINAL PEAT CURVE TABLE go, F.0 N0,814108,N GM R gpTyE RADIUS MTA ARC BM CNE>Rp EC2 teB1D0' 30'091r1' ?USStYuaw TT3.50'1e4 X 295lW 751.19 N13'DO'4rE 746.62 t I Iz ON CMED 14 SANS I A I R I 14GGF.NO,2012ODS1033 0 SHEET 1 _ EXHIBIT OF SHEET 2 I 1.1094 AC./ 48,323 SQ.FT. �• I I SITUATED IN THE L3 W.C.R.R CO. SURVEY NO.1,A-899 L1 HARRIS COUNTY,TEXAS GAITED 54213 ACRES i rxo�µ•� EC,a Most OATS: *12a5 i�, H.GC.F.N0.20OO19150 I DM REV: w mftlKs�Abz %tkq Tmn my CIM:BY: RK AEY: PMaae(fIJ)eSit101 Ferp1T)01151 JUNO. 522061.109MAO. REM. f Pro/BSSiWi2��@y@lbplNgll� SI BASS te+dS�rN►1p fTbttPlaFxtAtmp n%GISSe" SNETJ10fe W. f ppwftAb101D1d49 — ,tlti A.P. rOL V S 0100•G5t Y1S -• i "' OUVA3v10fl OlNIOyt'I.vS ' OtlVA]V109 O;N.Wr NVS 31I1021d Ot:Y NMd = UJON<<<A;)I wig r- NMOlAVS dO A110 ONIAVd - � i NIIHOlVI't 00.tl0L VIS 3NIlHOL I �+ ! - - I' '' ice"�.- .��,. _---- r�.\�. � I • f ��.'r ' } '�:•'. tiff + � _. �i � i .' .. .' -.r l I it 1 ---•.. .: � j I M.�' ''!I 11• � � �I• I r 3NI J1.1 a: 'i�i°I• -j 00160l\1S3NllI1O1VPt 1S 1H 1 II0., I!q!uX3 Ito • ., .•_•_:ti •... L,.,..� .. ;, _lion Iro, 101WQ9 �tr0 I1RAd lOWNfYJ 1 Dy =u r..!r.;ur.w. .+ s� ..•n•.•n ..•vd .. :.:=T rr.r. ..n' I 1 tam f ...... - i .•� pro �= n.. ..� .u, � . .1'n• ..._,I. �. n•v, •� -s = 0-1 CN; rPJ >or f II ! 1 f O D A\`�_ %ran.6.c.i •1.1..l.r\. �J Exhlobit D CAUSE NUMBER: 1231329 S.O. CARTER and E.G. § IN THE County Civil COURT Carter,Jr., § Plaintiffs, § § At Law No. 4 VS. § City of Baytown § Harris County,Texas Defendant. MEDIATED SETTLEMENT AGREEMENT On the 1 lth day of February, 2025, the parties in the above-referenced case reached an agreement. This agreement shall be filed among the papers of this cause as a Rule I I agreement. Each party acknowledges that they have conferred with counsel regarding the advisability of entering this agreement prior to signing it. The parties(1)acknowledge that the mediator is not acting as their counsel and has and will not render any legal advice regarding the merits of the matter mediated or the reasonableness of the settlement agreement; and (2) have read the settlement agreement, understand it,agree to the terms stated in it,and believe that it is in their best interest. If one or more disputes arise with regard to the interpretation and/or performances of this agreement or any of its provisions,the parties agree to attempt to resolve same by phone conference with the mediator who facilitated this settlement. If the parties cannot resolve their differences by phone conference,then each agrees to schedule one day of Mediation with the mediator within thirty (30) days to resolve the disputes and to share the costs of same equally. In the event an agreement cannot be reached after the one day Mediation with the Mediator,or if a party refuses to mediate,then the mediator shall act as the Arbiter of the issue and shall resolve the issue by telephone conference or meeting of the attorneys and mediator prior to the date of entry,or a date selected by the Mediator, and each party shall share the costs of same equally. Such decision of the mediator as Arbiter shall be final and binding. If a party refuses to mediate or arbitrate,then that party shall incur the costs of the mediation or arbitration,and may not recover attorney's fees or costs in any litigation brought to construe or enforce this agreement. This agreement is made and performable in Harris County,Texas and shall be construed in accordance with the laws of the State of Texas. Each signatory to this settlement has entered into same freely and without duress after having consulted with professionals of his or her choice. Each hereto has been advised that the Mediator is not the attorney for any party and that each party should have this agreement reviewed by that parry's attorney prior to executing same. Any party to this settlement agreement may file this agreement with the Court in accordance with Rule 1 I of the Texas Rules of Civil Procedure. IT IS AGREED, HOWEVER, THAT THIS AGREEMENT WILL BE ENFORCEABLE AS A CONTRACT EVEN IF A PARTY DISPUTES OR REJECTS THIS AGREEMENT BEFORE FILING IT WITH THE COURT. Do not sign this settlement agreement unless you understand and agree to its terms. MEDIATED SETTLEMENT AGREEMENT Page 1 of 3 Pages The terms of the agreement are as follows: City Staff, including the City Manager or designee,will recommend the following settlement proposal to City Council on February 27,2025. The parties understand that the terms of this mediated settlement agreement are subject to approval by City Council of the City of Baytown,Texas. The City of Baytown agrees to: 1) pay by wire transfer, no later than ten (10)calendar days after City Council approves the final settlement agreement, $700,000.00 for the land acquisition of the property described in Exhibits A and B attached hereto (the "Land"), and $800,000.00 for damages to the remainder of the Carters'property parent tracts,for a total of$1,500,000.00;2)allow one additional access point on both sides of San Jacinto Boulevard,south of the existing curb cuts, in accordance with the City's standards for driveways and curb cuts ;and 3)non-suit with prejudice the statutory condemnation action. In exchange for the City's aforementioned promises, the Carters further agree to: 1)release all claims against the City arising from the lawsuit,captioned S.O. Carter and E.G. Carter, JR. v. City of Baytown in the Harris County Court at Law No. 4, cause number 1231329; 2) file a motion for non-suit with prejudice within ten (10) calendar days of receipt of payment; and 3)convey fee simple title to the Land,described in Exhibits A and B attached hereto. The parties further agree that the Carters will reserve and retain an express easement for utilities, and ingress and egress in the driveways on San Jacinto Boulevard that cross the Land, so long as such easement does not interfere with the City's use of the Land. The City agrees to work with the Carters to timely determine the specific location of the additional driveways and curb cuts as contemplated by this agreement in accordance with the City's standards for driveways and curb cuts. The parties agree to abate both proceedings in the Lawsuit for thirty(30)days to facilitate the presentation of the final settlement agreement to the City of Baytown City Council, and to prepare for trial if the attempts to settle are unsuccessful. The parties agree that the City of Baytown will prepare a separate settlement and release agreement to be approved by the Carters,and upon such approval,be presented to City Council at the February 27, 2025 meeting. Signed this 12th day of February ,2025. DEFENDANT(5): PLAINTIFF(9): 717, Brant Gary Eric G. Carter Jr. Assistant City Manager City of Baytown remit, Suzan Orr Carter MEDIATED SETTLEMENT AGREEMENT Page 2 of 3 Pages ATTO YS FOR �EF�NgANT(5): ATTORNEYS FOR ?LAINTIFF(6): �uG V. Eric G. Carter Jr. Ronald C. Campana MEDIATED SETTLEMENT AGREEMENT Page 3 of 3 Pages Exhibit W -� AV Windrose Land Services,Inc 3200!Y `j E Houstoln.Texas 71042 Phone(713)458.2281 For(713)461.1151 ��.�_ Professional Development Consultants f Land Survoying, Pialling, Project Management and G/S Services Firm Registration No. 10108800 DESCRIPTION OF 0.7215 ACRES OR 31,429 SQ.FT. A TRACT OR PARCEL CONTAINING 0.7215 ACRES OR 31.429 SQUARE FEET OF LAND,BEING OUT OF A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G.CARTER,JR AND SUSAN 0.CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100519150,SITUATED IN THE W.C.R.R.CO.SURVEY NO. 1,ABSTRACT NO.899,HARRIS COUNTY,TEXAS,WITH SAID 0.7215 ACRE TRACT BEING MORE PARTICULARLY DFSCR10ED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE(NAD 83). COMMENCING AT A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE EAST LINE OF SAID 54.5913 ACRE TRACT MARKING THE SOUTHWEST CORNER OF SANTAVY STREET(UNIMPROVED)PER KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,AS RECORDED IN F.C.NO.674108.H.C.M.R. AND THE NORTHWEST CORNER OF A CALLED 2.7149 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F043716; FROM WHICH A 2 INCH IRON PIPE BEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52 SECONDS EAST,0.55 FEET; THENCE, ALONG SAID-EAST LINE, SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 9.20 FEET TO A CAPPED 519 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR THE PLACE OF BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,CONTINUING WITH SAID EAST LINE,SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 40.63 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; SAID POINT ALSO MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 482.50 FEET, A CENTRAL ANGLE OF 08 DEGREES 13 MINUTES S9 SECONDS,AN ARC LENGTH OF 69.33 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES 21 MINUTES 26 SECONDS WEST,69.27 FEET TO A POINT MARKING THE BEGINNING OF A NON TANGEN CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,665.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 27 SECONDS,AN ARC LENGTH OF 95.14 FEET AND A CHORD BEARING AND DISTANCE-OF SOUTH IS DEGREES 47 MINUTES 34 SECONDS WEST,95.13 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 565.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 121.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST,120.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 435.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 48.80 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST,48 78 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1653.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 134.77 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST,134.73 FEET TO A POINT OF TANGENCY; THENCE,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST,A DISTANCE OF 280.56 FEET TO A POINT ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, ALONG SAID NORTH LINE, SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, A DISTANCE OF 52.65 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; FROM WHICH A FOUND 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 1.0502 ACRE TRACT BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE OF 267.03 FEET; TIIENCE, LEAVING SAID NORTH LINE, NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST, A DISTANCE OF 314.90 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT; SHEET 2 OF 3 Windrose Land Services,Inc �7 3200 H4lcros1,Suite 325 rv� Houston.Texas 77042 �� E/1 Phone(713)458-2281 Fax(713)0814151 Professional Development Consultants Land Surveying, Platting, ProJect Management and CIS Services Firm Registration No. 10108800 THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 131.51 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25 DEGREES 36 MINUTES 26 SECONDS EAST,131.47 FEET TO A CAPPED SIR INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 26 DEGREES 29 MINUTES 09 SECONDS EAST,53.26 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 112.43 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 23 DEGREES 33 MINUTES 53 SECONDS EAST,112.22 FEET TO A CAPPED SIB INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1625.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 49 MINUTES 59 SECONDS.AN ARC LENGTH OF 108.71 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 15 DEGREES 30 MINUTES 48 SECONDS EAST,108.69 FEET TO A CAPPED 519 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET MARKING THE END OF SAID CURVE; THENCE,NORTH 56 DEGREES 06 MINUTES 09 SECONDS EAST,A DISTANCE OF 29.32 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; THENCE, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 442.50 FEET, A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 36 SECONDS,AN ARC LENGTH OF 71.52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 57 MINUTES 34 SECONDS EAST,71.44 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 7215 ACRES OR 31,429 SQUARE FEET OF LAND,AS SHOWN IN JOB NO.52208.0.7215 AC.,PREPARED BY WINDROSE LAND SERVICES,INC S OF F A,P;.pisTgq .}9 FoOEI� . NE sN 0I-I8-16 BERT KNESS ' + 8488 .,' DATE R.P.L.S.NO.6486 STATE OF TEXAS ~p SURVEyO SHEET 3 OF 3 CURVE TABLE CURVE RADIUS DELTA ARC OWING CHORD M r V.7Gt 70•. W"AVVGTRMPA"O"OVEM co .6LGG OE'I2S9• 0947 N6r217rw 66.7r 6 .Aawl t JJ+rsr c o7r P.O.C. a 1p100 m tr71 OS 1r a nVr•Jrw GSIr LA C/p IA C3 SGLW Irlflr 131.00 92ruww Sam NORTH C4 435M a Gr•2Y4r 4A 97G•270 w 417r P.O.B. VAL I•-l00• a 9D0 aOIr I14 031.71, Sri'2Hrw 134.rr 8i// n A C1 1013M 04•40 r gIAP N2s•7676.6 131..r / }y p 1 47sw *m4r 1130, NL'7D07'E ".20' %/Cr Ca WSW Irlslr 113A2 Nb's7S3•E Ilia p I LINE TABLE act IE360P 44210 0I•NSP IOE71' NIr2G'4rE 1GGA! I / •srx U// / UK BLARING OWANCG Orls7G' 71 sr GN ! 71./r I u 2lrwsrE 6.20 LI GIr*rWE 4op CALLED 54,5913 ACRES U Sirv4rw no EAR.0.CARTER. k MAN /%/' L4 NSG=vra 79Y KGGF.N0.20100s101s0 ®•//� I I 1 n I m CENMAL NOTES %'•'''• x 1. AAIIEw4 0o NGI AaSMACI stm.EFT Mtlp M1, $ 7' nq sATIEr tus LAnAAtG wT1lwr ra Gamr ` QQ� / ,Cis17 p A CVRRdT AK RVGIII M AGSMAgGAS //c7 O � earoNArt ANO AouG K yuG;oT to ANr A1y m �i g s D CpMi1GN1 a RLStIKigNS MA7 A C7AIA(Ili �/ I y'l,�� I OD0.xi�I On AOSMACIMK CPtrWR VAT Lbgiii 1 OCWM MC GAUD ON TK fM"7 ,/IARC a7215 ACRES I a Coom mTE Sawa mum CWMAL Too 91AGul i•,.�J J1,429 SO• FT. A INS JUr IS ACOQUPM p OT A SOATAIE VMS AM GAINS aSCRI'MIL ff / EXHIBIT OF I I 0.7215 AC./31,429 S0.FT. ti� 1 I SITUATED IN THE .t �: ' tD-x1 e.rrtG air IA. W.C.R.R.CO. SURVEY NO.1,A-899 ti tiNeRoa IARo aA.lur Ile 3/1•IA / HARRIS COUNTY,TEXAS I41A1• 0 L3 71 0ar OATS OI•LLN CdAu�01W7'AIAYNO�pLS oMrwor CA NEv. N4lIWWsLD $ COs.AT 3�7E CALLED 1.0302 ACRES ' GUWONO yIA4ROC2E CORPORATION 6ROUDGr IM aw. \ MAraa Lau7All CORr01iATON H.GGi.N0.L-036930 Alr.T 7JWu/i711 Iu pWHl.11Jr H.GGL N0.7-032420 mom SJM.6uISAC r¢V. FWos1iww5 /11 CpKul/ME{ I"O, "'Aft "ll— ra7.Alo SHIFT IO73 REV'. ftaltly..AV1 Alt IGIpIN Exhibit"B" '�' Windrose Land Services,Inc 3200&Wlcrust,Sulfa 325 !v Houston,Texas 77042 Phone(712)458.2281 Fax(713)461.1151 _. Professional Development Consultants 1 Land Surveying, Platting, Project Management and G)S Services Firm Registration No. 10108800 DESCRIPTION OF 1.1094 ACRES OR 48,323 SQ. FT. A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET OF LAND,BEING OUT OF A CALLED 545913 ACRE TRACT TO ERIC G. CARTER, JR AND SUSAN O. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F. NO 20100519150.SITUATED IN THE W.C.R.R.CO. SURVEY NO. I,ABSTRACT NO.699,HARRIS COUNTY,TEXAS,WITH SAID 1.1094 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.SOUTH CENTRAL ZONE(NAD 83): COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN,TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.C.F.NO.F-59132S,MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD(UNIMPROVED)AS DEDICATED IN KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,RECORDED IN F.C.NO.674109.H.C.M.R.AND THE NORT14FAST CORNER OF RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 20120442665; FROM WHICH A FOUND CAPPED In INCH IRON ROD STAMPED "BUSCH HUTCHINSON" BEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST,A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREOF, RECORDED IN F.C.NO.639181,H.C.M.R. THENCE.ALONG THE WEST LINE OF SAID SAN JACINTO BOULEVARD,SOUTH I I DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 539.09 FEET TO A FOUND 3/4 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF A CALLED 14.558 ACRE TRACT CONVEYED TO JOHN R.SANDERS IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20120061033 AND THE NORTHEAST CORNER OF SAID 54.5913 ACRE TRACT; THENCE,ALONG TILE SOUTH LINE OF SAID 14.558 ACRE TRACT,SOUTH 77 DEGREES 25 MINUTES 16 SECONDS WEST,A DISTANCE OF 97.20 FEET TO A CAPPED 513 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR THE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT;SAID POINT ALSO MARKING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; TIIENCE,ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1487.00 FEET,A CENTRAL ANGLE OF 30 DEGREES 09 MINUTES 02 SECONDS,AN ARC LENGTH OF 782.50 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 52 MINUTES 03 SECONDS WEST,773.50 FEET TO A CAPPED 5/9 INCH IRON ROD STAMPED"W INDROSE LAND SERVICES"SET FOR A POINT OF TANGENCY; TIIENCE.,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST,A DISTANCE OF 422AS FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE NORTH LINE OF A CALLED 1.0502 ACRE TTtACT CONVEYED TO DIAMOND SHAMROCK CORPORATION IN THAT CERTAIN DEED RECORDED IN II.C.C.F.NO.1'032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,ALONG SAID NORTH LINE,SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE OF 52.65 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; FROM WHICH A FOUND Sig INCH IRON ROD BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST.48.53 FEET; THENCE LEAVING SAID NORTH LINE,NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST,A DISTANCE OF 456.89 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1447.00 FEET,A CENTRAL ANGLE OF 29 DEGREES 51 MINUTES 38 SECONDS,AN ARC LENGTH OF 754.13 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 13 DEGREES 00 MINUTES 45 SECONDS EAST,74S.62 FEET TO A POINT ON THE SOUTH LINE OF SAID 14.558 ACRE TRACT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT: THENCE,ALONG SAID SOUTH LINE,NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST,A DISTANCE OF 40.68 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET OF LAND,AS SHOWN IN 1 B NO.52208-1.1094 AC.,PREP RED DY WINDROSE LAND SERVICES,INC. t OF y:r � satiyN ....i............ i ......" ti00EA7 K.....S ROBERTKNESS �� 10.12•IS `q 6486 I.,., R.P.LS.NO.6486 �y '°�eS �oN;OQ. DATE STATE OF TEXAS C SURVEY SHEET4 OF4 NORTH SCAM I' loo• _— _ ' — --•---- — ---- SHEET 2 SHEET 3 1.1094 ACRES 4$323 SO. Fr CAU"14.3913 ACRES ERIC G.CARTER.J L•SUSAN 0.CARTER „tiN N.C,C.F,N0.20100319150 i t% � ® `own i w SU ar y'Y rq 1/a•u �. - - — L2 41 EXHIBIT OF CALLED 1.0502 ACRES CALLm I.os02 ACRES DIAMOND SHAMROCK 1.1094 AC.1 48,323 SO.FT. DIAMOND SHAMROCK CORPORATION SITUATED IN THE CORPORAYII NCQf.f F-0032t90 N.C.C,F.Mo.F-0399�9 W.C.R.R.CO. SURVEY NO.1,A-899 1 HARRIS COUNTY,TEXAS FVLOED W. OATt: 1042.1e Windrose Lend Senues.Ax. auurHen a nev . vaoN. 7 s as Hanuia u.rraa CHECKED er AH REV: `/ Aearr PrL4lFalar pwrUIKo.Nst 100 NO. Saa04r tow AG am. J/ ProlesslOnal 0e10910IOM M ConsWlaWS slicer s oA. �Su.�rt,pl ADpY AK4'bAWpmnHR Ws REv: r..nA,y6nA,.Nn row"oMA/OH SHEET 1 •___ ,_ I � _�� _ _. ^� SHEET 2-- — —+� � -- I — 3 � TINE TABLE GNORTH P.O.B. I I UWE DEARNI O-W—M CE SCALE: 1'.IDO' m Lf E)7'tSYS•W o7.te l) 12 M-mrw sla CAVED 54.5913 ACRES M3J.•. 1.1 N71.251VE .O.w ERIC a CARTER.JR.B LE 51r'r7.rw .eaz SUSAN 0.CARTER H.C.C.f.No.20100519150 i RDIAINOER OF 1 CALLED 141640 ACRES JOHN k STEEANKA SANTAYY 1.W94 ACRfS �' I1 VOL 1327.Pa et.H.C.OR. 48,32J S0. FT. • ' U ®-SET CAPPED S/S•1K. 'WtNORosc 1AN0 scmucs• $ANTAVY STREET(UN WAOVED) %/ �cuuoape.l rc.aroa.c.. EXHIBIT OF j' CALLE0 2.7140 Anus 1.1094 AC.l 48.323 SQ.FT. DIAMOND SNAMROCN SITUATED IN THE . , Na F04371a W.C.R.R.CO. SURVEY NO.1,A409 TION H.e.M cE.Na o� � _ _ HARRIS COUNTY,TEXAS _SHEET 2 _ __ _ M060 W. DATE: rou•rs WindrDSo Land SeMces,Jne. SHEET 3 �� — DruVA m GA 11M MVAbKMum m rJat CHECKED EY•. Em KEY. rYwr'tJA/J.7Wer rupw4st-fN1 Jos HD 677061 M AC. AM. ProfossJonal Developmont consultants SHEET 7Oc. pA„ 4N5""gr¢l4R,4 stow- wr R.ppo.eyn/A. � CALLED U8494 ACRES FINAL PLAT GENERAL NOTES P.O.C. ��TO I ACADEMY SPORTS AND no r V.r/ GEORGE CILMAN,TRUSTEE pU7pOORS BAYTOWN 1• nos SURVEY a0 AS PREPARED rdWT l nl�OlrI RWAss o 0I H.C.U.NO.F391325 nos SIARr[T ws RPtPAA>D YRKIYT RK earns s' N 77L9'38'E F.C.N0.639181 H.C.W1. Or A CYAPENr THEE pu4ml,M A"MACTMS S�ORTH _ _ _ _ — — - CIAMCATE AND MOULD Q WAACT TO ANT ALL — — — — I367.3F CQ,Q110Ns M Resmcrats INAT A CUPR047 !CALF: 1'�100• f10 CY►m 1/r IA ORE REPORT M A6S11UCTM5 CEAIRIpTE YAy 'WUSOI IAIIW�QaN' 06GOSC 7. 9EAFAMS WERE DASM ON rK TEW S14TE MANE COMMATE STSRIA UNIN CENTRAL ZONC QUAW) L AND 6�UNDS CC=VMX T IS A—MM aT A SEPARATE Y[TCs RESIDUE OF I I CALLED 10.341 ACRES PASCUAL OUVARES _ H.C.CF.NO.20120442665 1 'vNEaost 1AN0 srnaar u1 �I � I KSTX BAYTOWN FINAL PLAT CURVE TABLE I g F.G N0.87410&H.GM.R. g1pVE RADUg OLZTA ARC BEARM CN0R0 $ 9 CI 1.6r'w 30'0990r )n2-w 9,rs20rw Mw F2 6 CZ ,.ATAQ 29'SMJa' 76R It N Irw4re 147.sr I is 8 AC J�OHN R.SSANDERS S ( A c 1 KGC.F.NO.20120061033 SHEET i _I_I _ _ .__._ SHEET 2 I I EXHIBIT OF O.B. I 1 1.1094 AC./ 46,323 SO.FT. ® SITUATED IN THE L3 W.C.R.R.CO SURVEY NO.1,A-899 CALLED S4.3913 ACRES !/ HARRIS COUNTY,TEXAS ERIC Q CARTER,JR.k Iv0!/••it SUSAN 0.CARTER �/� I F1E10[Oar: att. Io•I:ns "' Wrldmw Land Semkos,Inc . M.GGf.N0.20100319130 1 QMMMOr a qeV, ArJ l710—An 61.IM2 CHICKEDGY. RK AM Mornu).$&not r Ai)a�l�i N)6No. SUMI ISAI Ar- RM Pmfosslonal DeYelOpmenf Consultant, '! %MEET I or, REV, L&W A..".P mft /s„IAq /p toiol�! Exhibit E NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: ,2025 GRANTORS: ERIC G. CARTER,JR. AND SUZAN O. CARTER GRANTORS MAILING ADDRESS: 4900 Foumace Place, Suite 560 (including County) Bellaire, Texas 77401 Harris County GRANTEE: CITY OF BAYTOWN, TEXAS GRANTEE'S MAILING ADDRESS: 2401 Market Street (including County) Baytown, Texas 77522 Harris County CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: 0.7215 acre (31,429 square feet)tract of land situated in the W.C.R.R. Co. Survey No. 1, Abstract Number 899, Harris County,Texas. GRANTORS reserve unto themselves, their successors and assigns, (i) any and all oil, gas and other minerals in, on or under the premises conveyed herein; provided that there shall never in any event be any ingress or egress on or across the surface of the above described premises for the purposes of exploration, development, production or transportation of such oil, gas or other minerals, it being expressly contemplated by the GRANTORS and GRANTEE that any production of such minerals shall be from the surface of other adjacent property and that there shall be no development of any minerals that would require mining, shaft mining, pit mining or any other kind of mining that would require utilization of the surface, or through the pooling of such mineral interests for the development with adjacent parcels. (ii) non-exclusive easements for ingress and egress; and for underground utilities on the Property so long as such easement does not interfere with the GRANTEE'S use of the property; appurtenant to GRANTORS' Page 1 remaining property out of a called 54.5913 acre tract conveyed to Eric G. Carter Jr and Suzan O. Carter in that certain Special Warranty Deed recorded in the H.C.C.F. No. 20100519150, situated in the W.C.R.R. Co. Survey No. 1, Abstract No. 899, Harris County,Texas. GRANTORS, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to GRANTEE the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever. GRANTORS bind GRANTORS and GRANTOR's heirs, executors and administrators, to warrant and forever defend all and singular the property to GRANTEE and GRANTEE's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under GRANTORS, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronoun/include ERIC G. CARTER,JR. THE STATE OF TEXAS § COUNTY OF l�aYr15 § ACKNOWLEDGMENT This instrument was acknowledged before me by Eric G. Carter, Jr. on the `ZGr`l/`day of ftkn v 2025. NOTARY PUBLIC in and for State of Texas C� SUZAN . CARTER THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF ��Ci�'((lS § This instrument was acknowledged before me by Suzan O. Carter on the ZLQ`0I"day of fogy, , 2025. `iAAu(�ZW4y&1,0 NOTARY PUBLIC in and for State of Texas Page 2 A, Windrose Land Services,Inc 28H1a Texas 77042 Pfgro(717)158.27 Far(713)"/-f 151 Professional Development Consultants J Land Surveying,Platting,Proleel Management and G1S Services Firm Registration No. 10109800 DESCRIPTION OF 0.7215 ACRES OR 31,429 SQ.FT. A TRACT OR PARCEL CONTAINING 0.7213 ACRES OR 31,429 SQUARE FEET OF LAND,BEING OUI'OF A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G.CARTER,JR AND SUSAN O CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100319150.SITUATED IN THE W.C.R.R.CO.SURVEY NO.1,ABSTRACT NO.899,HARRIS COUNTY,TEXAS,WITH SAID 0.7215 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE(NAD 83): COMMENCING AT A CAPPED 518 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE EAST LINE OF SAID 54.5913 ACRE TRACT MARKING THE SOUTHWEST CORNER OF SANTAVY STREET(UNIMPROVED)PER KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,AS RECORDED IN F.C.NO.674108.H.C.M.R AND THE NORTHWEST CORNER OF A CALLED 2.7148 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.CF NO. F043716, FROM WHICH A 2 INCH IRON PIPE BEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52 SECONDS EAST,0.55 FEET; THENCE, ALONG SAID EAST LINE, SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 8 20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR THE PLACE OF BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE,CONTINUING WITH SAID EAST LINE,SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 40 63 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; SAID POINT ALSO MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 482.SO FEET,A CENTRAL ANGLE OF 08 DEGREES 13 MINUTES S9 SECONDS,AN ARC LENGTH OF 69 33 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES 21 MINUTES 26 SECONDS WEST,69 27 FEET TO A POINT MARKING THE BEGINNING OF A NON TANGEN CURVE TO THE RIGHT, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,665.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 27 SECONDS,AN ARC LENGTH OF 9S.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 15 DEGREES 47 MINUTES 34 SECONDS WEST,95 13 FEET TO A POINT OF COMPOUND CURVATURE, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 565.00 FEET,A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 12100 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST,120 77 FEET TO A POINT OF REVERSE CURVATURE, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 435.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 48.80 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST,49.78 FEET TO A POINT OF REVERSE CURVATURE, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1653.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 134.77 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST,134.73 FEET TO A POINT OF TANGENCY; THENCE,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST,A DISTANCE OF 280.56 FEET TO A POINT ON THE NORTH LINE OF A CALLED 10502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN HCCF NO.F032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, THENCE, ALONG SAID NORTH LINE,SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST.A DISTANCE OF 526S FEET TO A CAPPED S/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT. FROM WHICH A FOUND 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 10502 ACRE TRACT BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST.A DISTANCE OF 267 03 FEET; THENCE,LEAVING SAID NORTH LINE,NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST,A DISTANCE OF 31480 FEET TO A CAPPED SIB INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT, SHEET 2 OF Page 3 �-. a' Windrose Land Services,Inc /�.o v 3200 Mcivs,Suite 225 ', \ Houston,Taxas 77042 J Phone(713)4511,2281 Fax(713)461.1151 Professional Development Consultants 1 Land Surveying,Platting.Prolect Management and G1S Services Firm Registration No. 10108800 THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET,A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 131.51 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25 DEGREES 36 MINUTES 26 SECONDS EAST,131.47 FEET TO A CAPPED 5/R INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE. THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET,A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 26 DEGREES 29 MINUTES 09 SECONDS EAST,53 26 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET FOR A POINT OF REVERSE CURVATURE: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 11243 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 23 DEGREES 33 MINUTES 53 SECONDS EAST,112.22 FEET TO A CAPPED 3/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1625.00 FEET,A CENTRAL ANGLE OF 03 DEGREES 49 MINUTES 59 SECONDS.AN ARC LENGTH OF 109 71 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 15 DEGREES 30 MINUTES 48 SECONDS EAST,108.69 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET MARKING THE END OF SAID CURVE; THENCE,NORTH 56 DEGREES 06 MINUTES 09 SECONDS EAST.A DISTANCE OF 2932 FEET TO A CAPPED SIB INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; THENCE,ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 442.50 FEET,A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 36 SECONDS,AN ARC LENGTH OF 71.52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 57 MINUTES 34 SECONDS EAST,71.44 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 7213 ACRES OR 31,429 SQUARE FEET OF LAND,AS SHOWN IN JOB NO.52208.0.7215 AC.PREPARED BY WINDROSE LAND SERVICES,INC OF ,�95•pis rpq F+ ..y e� � •e�a ROOERT•KNEg6" 01-19-16 OBERT KNESS `• 6466 ' DATE R.P.L.S.NO.6486 �9��OR4sstQ#1!; , STATE OF TEXAS SURVE SHEET 3 OF 3 Page 4 M yg $ o8B48a400o nl� 4 A I z N pp y o��� PIT0 OR —A WIN S 91911 \' op u z z z z w m m a z1. T �'�' Y ago O 4E �' I► T T m n n E E E E f ' $ � '0 g Sj •�\ o�8 WOW ON d37N I NOuvNOdU= ®o NO ®o )OOtlNYNS O /!r)O i S3WV GfWC a3nvo a AS; Is'� A � c I � =p ;oA�cn m0C�Am N A D n x z G G Z i Ry :Z O 5K _ Page 5 Exhibit F NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: , 2025 GRANTORS: ERIC G. CARTER, JR. AND SUZAN O. CARTER GRANTORS MAILING ADDRESS: 4900 Fournace Place, Suite 560 (including County) Bellaire,Texas 77401 Harris County GRANTEE: CITY OF BAYTOWN, TEXAS GRANTEE'S MAILING ADDRESS: 2401 Market Street (including County) Baytown, Texas 77522 Harris County CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: 1.1094 acre (48,323 square feet)tract of land situated in the W.C.R.R. Co. Survey No. 1, Abstract Number 899, Harris County, Texas. GRANTORS reserve unto themselves, their successors and assigns, (i) any and all oil, gas and other minerals in, on or under the premises conveyed herein; provided that there shall never in any event be any ingress or egress on or across the surface of the above described premises for the purposes of exploration, development, production or transportation of such oil, gas or other minerals, it being expressly contemplated by the GRANTORS and GRANTEE that any production of such minerals shall be from the surface of other adjacent property and that there shall be no development of any minerals that would require mining, shaft mining, pit mining or any other kind of mining that would require utilization of the surface, or through the pooling of such mineral interests for the development with adjacent parcels. (ii) non-exclusive easements for ingress and egress; and for underground utilities on the Property so long as such easement does not interfere with the GRANTEE'S use of the Property; appurtenant to GRANTORS' Page 1 remaining property out of a so called 54.5913 acre tract conveyed to Eric G. Carter Jr. and Suzan Orr Carter in that certain Special Warranty Deed recorded in H.C.C.F. No. 20100519150 situated in the W.C.R.R. Co. Survey No. 1, Abstract No. 899, Harris County,Texas. GRANTORS, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to GRANTEE the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever. GRANTORS binds GRANTORS and GRANTOR's heirs, executors and administrators, to warrant and forever defend all and singular the property to GRANTEE and GRANTEE's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under GRANTORS, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires,singular nouns and pronouns include the plura RIC G.C XJR R,JR. THE STATE OF TEXAS § COUNTY OF (��l(YI` § ACKNOWLEDGMENT This instrument was acknowledged before me by Eric G. Carter, Jr. on the Vp�-day of wUlY 2025. _ ay\y G��111`tQ wu YP '� MONICA MORENO _Notary Public,State of Texas Comm.Expires 09.23-2028 NOTARY PUBLIC in and for State of Texas Notary ID 124882145 SUZAP-O:CARTER THE STATE OF TEXAS § COUNTY OF 1(1 § ACKNOWLEDGMENT This instrument was acknowledged before me by Suzan O. Carter on the '2l.r k? "-day of , 2025. MONICA MORENO /l I Notary Public,State of Texas Wwu) Comm.Expires 09-23-2028 NOTARY PUBLIC in and for State of Texas Notary ID 124882145 Page 2 AO W/ndrose Land Services,Inc 3200 WHcro!14 Suite 323 ITV ` Houston,Trans13)4 71151 Phone(713)058 Houston. Fos(73)48t-t187 Professional Development Consultants f Land Surveying,Platting,Project Management and GIS Services Firm Registration No. 10100800 DESCRIPTION OF 1.1094 ACRES OR 48,323 SQ.FT. A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET OF LAND,BEING OUT OF A CALLED 54.5913 ACRE TRACT TO ERIC G.CARTER,JR AND SUSAN O.CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100519150.SITUATED IN THE W.C.R.R.CO SURVEY NO.1,ABSTRACT NO.9".HARRIS COUNTY,TEXAS,WITH SAID 1.1094 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE(NAD 83): COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN,TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.C.F.NO.F.S91325.MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD(UNIMPROVED)AS DEDICATED IN KSTX BAYTOWN FINAL PLAT.MAP OR PLAT THEREOF,RECORDED IN F.C.NO.674102,H.C.M R.AND THE NORTHEAST CORNER OF RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE(H C.0 F.)NO. 20120442665; FROM WHICH A FOUND CAPPED 1/2 INCH IRON ROD STAMPED"BUSCH HUTCHINSON"BEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST.A DISTANCE OF 136710 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN,MAP OR PLAT THEREOF. RECORDED IN F.0 NO 639191.H C M R THENCE,ALONG THE WEST LINE OF SAID SAN JACINTO BOULEVARD,SOUTH I I DEGREES 53 MINUTES 16 SECONDS EAST,A DISTANCE OF 33909 FEET TO A FOUND 3/4 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF A CALLED l4 558 ACRE TRACT CONVEYED TO JOHN R.SANDERS IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN H C.C.F NO.20120061033 AND THE NORTHEAST CORNER OF SAID 54.5913 ACRE TRACT, THENCE,ALONG THE SOUTH LINE OF SAID 14.558 ACRE TRACT.SOUTH 77 DEGREES 25 MINUTES 16 SECONDS WEST.A DISTANCE OF 97 20 FEET TO A CAPPED 513 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET FOR THE NORTHEAST CORNER AND PLACE.OF BEGINNING OF THE HEREIN DESCRIBED TRACT;SAID POINT ALSO MARKING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE.ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1487.00 FEET,A CENTRAL ANGLE OF 30 DEGREES 09 MINUTES 02 SECONDS.AN ARC LENGTH OF 782.50 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 52 MINUTES W SECONDS WEST.773.50 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES-SET FOR A POINT OF TANGENCY; THENCE.SOUTH 27 DEGREES 56 MINUTES 14 SECONDS WEST,A DISTANCE OF 422.65 FEET TO A CAPPED Sig INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION IN THAT CERTAIN DEED RECORDED IN 11 CC F.NO.1`032490 MARKING THF.SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE.ALONG SAID NORTH LINE,SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST.A DISTANCE OF 52.65 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A FOUND 5/9 INCH IRON ROD BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST.48 52 FEET; THENCE.LEAVING SAID NORTH LINE.NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST,A DISTANCE OF 456 89 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1447.00 FEET.A CENTRAL ANGLE OF 29 DEGREES SI MINUTES 38 SECONDS,AN ARC LENGTH OF 754.13 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 13 DEGREES 00 MINUTES 43 SECONDS EAST,745 62 FEET TO A POINT ON THE SOUTH LINE OF SAID 14 558 ACRE TRACT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE,ALONG SAID SOUTH LINE.NORTH 77 DEGREES 2S MINUTES 16 SECONDS EAST,A DISTANCE OF 40.68 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1 1094 ACRES OR 48,323 SQUARE FEET OF LAND,AS SHOWN IN J 8 NO 5220A-1.1094 AC.PREP 0 BY WINDROSE LAND SERVICES,INC. S OF ,tP:EplirEq F.f y'P {� 4'•�7 •ROOERi "" .WEBS • ROBERTKNESS ' 1•••• 10.12-I5 8488 R.P.L.S.N0.6486 f9�O•tsno;4j Q' DATE STATE OF TEXAS ti0 SUf4V6yC SHEET 4 OF 4 Page 3 I .z 60 o� I � a : \� m I � pp s N Ii I 0 C)x �A mcc< q 3 MC fit -a z "T y� xpmQ N D pg$ `� 41 +1Yt�R� Page 4 .■ . o \,§ k q ■ � | � � | i7 ® . � mm t §§ 7� • � \\/ . B� k��= � i or) . ■ pp to | § § ! ■ �t� �\��. 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