Ordinance No. 12,601ORDINANCE NO. 12,601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE DONATION OF PROPERTY FROM THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR A LIFT STATION
SITE FOR VICTORIA WALKER AND ANTONIO BANUELOS ELEMENTARY
SCHOOLS AS WELL AS THE SURROUNDING SERVICE AREA; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 accepts the donation
of property from the Goose Creek Consolidated Independent School District for a lift station site for
Victoria Walker and Antonio Banuelos Elementary Schools as well as the surrounding service area. Such
property is more fully described in Exhibit "A," which is attached hereto and incorporated herein for all
intents and purposes.
Section 2: 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 of the City Council of the City of
Baytown this the 14`h day of August, 2014.
4
ME DES RENTS I III, Mayor Pro Tern
ATTEST:
LETICIA BRYSCH, City
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci A !�mc
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Exhibit "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: 2014
Grantor: GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
Grantor's Mailing Address: 4544 I -10 East
Baytown, TX 77521
Harris County
Grantee: City of Baytown, Texas
Grantee's Mailing Address: 2401 Market Street
Baytown, TX 77520
Consideration: TEN AND NO 1100 DOLLARS ($10.00) and other valuable consideration,
and pursuant to the terms and conditions of that certain Interlocal
Agreement for a Street, Utilities, and Lift Station Associated with the New
Elementary School next to Victoria Walker Elementary School dated
September 29, 2013 by and between Goose Creek Consolidated
Independent School District and the City of Baytown.
Property: All that certain tract of land referenced as the 100' x 100' lift station site to be dedicated
to the City as shown on the plat attached hereto as Exhibit A and as further described by metes and
bounds in field notes attached hereto as Exhibit B.
Reservations from Conveyance: For Grantor and Grantor's heirs, successors and assigns
forever, a reservation of all Grantor's right, title and interest in and to any oil, gas and other
minerals in and under and that may be produced from the Property. Grantor waives and conveys
to Grantee the right of ingress and egress to and from the surface of the Property relating to the
portion of the mineral estate owned by Grantor and any and all rights to disturb the surface of the
Property in any manner in connection with development, exploration and/or exploitation of the
portion of the mineral estate owned by Grantor.
Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons
other than Grantor, and other instruments, other than conveyances of the surface fee estate, that
affect the Property; validly existing rights of adjoining owners in any walls and fences situated on
Page 1 of 4
a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any
encroachments or overlapping of improvements; all rights, obligations, and other matters arising
from and existing by reason of any Harris County water or utility district.
THE PROPERTY IS SOLD AND CONVEYED TO AND ACCEPTED BY GRANTEE
IN ITS PRESENT CONDITION, AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
OTHER THAN THE LIMITED SPECIAL WARRANTY OF TITLE INCLUDED HEREIN,
AND GRANTEE EXPRESSLY ACKNOWLEDGES THAT THE SALES PRICE REFLECTS
SUCH CONDITION. WITHOUT LMTING THE GENERALITY OF THE FOREGOING,
EXCEPT FOR THE LIMITED SPECIAL WARRANTY OF TITLE INCLUDED HEREIN, THE
SALE OF THE PROPERTY IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY,
REPRESENTATION, AGREEMENT, STATEMENT OR EXPRESSION OF OPINION (OR
LACK THEREOF) OF OR WITH RESPECT TO: (A) THE CONDITION OF THE PROPERTY
OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED TO
SUITABILITY FOR HABITATION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE OR PURPOSE; (B) THE INCOME TO BE DERIVED FROM THE
PROPERTY; (C) THE COMPLIANCE WITH ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (D) THE SOIL CONDITIONS,
WATER, DRAINAGE, TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS OF THE
PROPERTY OR WHICH AFFECT THE PROPERTY; (E) ANY CONDITIONS RELATING TO
OR ARISING FROM ANY ARCHEOLOGICAL OR HISTORIC SITE, CEMETERY, BURIAL
GROUND, ENDANGERED SPECIES HABITAT, OR OTHER SUCH CONDITION WHICH
MAY AFFECT THE PROPERTY; (F) AREA, SIZE, SHAPE, CONFIGURATION, LOCATION,
CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION OR COMPOSITION OF THE
PROPERTY, (G) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (I) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (I) ANY
ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL OR OTHER
CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW OR
HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND Q) ALL
OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES BY GRANTOR
WHATSOEVER. GRANTEE HAS MADE ITS OWN PHYSICAL INSPECTION OF THE
PROPERTY AND HAS SATISFIED ITSELF AS TO THE CONDITION OF THE PROPERTY
FOR GRANTEE'S INTENDED USE. GRANTOR MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES AS TO THE NATURE OR QUANTITY OF THE
INTERESTS THEY OWN IN ANY OIL, GAS AND OTHER N2gERALS.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's successors 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 when the claim is by, through, or under Grantor but not
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otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
When the context requires, singular nouns and pronouns include the plural.
GOOSE CREEK CONS" ATED INDEPENDENT
Smom DISTRICT
of the Board
Page 3 of 4
THE STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF HARRIS §
BEFORE ME, a Notary Public, on this day personally appeared Jimmy Smith, known to
me to be the person whose name is subscribed to the foregoing instrument, and having been sworn,
upon his oath stated that he is the President of the Board of Trustees of the Goose Creek
Consolidated Independent School District; that he was authorized to execute such instrument
pursuant to resolution of the Board of Trustees adopted on a 2014; and that
said instrument is executed as the free and voluntary act and deed of such governmental unit for
the purposes expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the d8' day of
�/14 , 2014.
00 Ap-
�,.,..
HOEMI GARCIA No Public, State O exas
My Commission Expires
March 1. 2015
Retum to Grantee's Address:
City of Baytown
Attn: City Clerk
2401 Market Street
Baytown, TX 77520
Page 4 of 4
EXHIBU A
EXHIBIT B
Goose Creek CISD
Lift Station
0.2295 Acre
STATE OF TEXAS §
COUNTY OF HARRIS §
Tallcot Patching Survey
Abstract No. 620
A METES & BOUNDS description of a certain 0.2295 acre tract of land situated in the Tallcot Patching
Survey, Abstract No. 620 in Harris County, Texas, being out of Victoria Walker Elementary, plat of which
is recorded in Film Code No. 626004 of the Harris County Map Records; said 0.2295 acre tract being
more particularly described as follows with all bearings being based on the Texas Coordinate System,
South Central Zone, NAD 83;
COMMENCING at a found 5/8 -inch iron rod (with cap stamped "CLR ") for the northeast corner of
Eastpoint Blvd. (60 foot wide right -of -way) recorded in Volume 311, Page 3 of the Harris County Map
Records;
THENCE, South 79 °06'36" West, 60.03 feet along the north terminus of said Eastpoint Blvd. to a found
5/8 -inch iron rod (with cap stamped "CLR ") at the northwest corner of said Eastpoint Blvd.;
THENCE, South 12 °33'48" East, along the west right -of -way line of said Eastpoint Blvd., 611.22 feet to a
set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") for the POINT OF BEGINNING of the herein
described tract;
THENCE, South 12 °33'48" East, 100.00 feet continuing along said west right -of -way line to a set 3/4 -inch
iron rod (with cap stamped "Cotton Surveying ");
THENCE, over and across said Victoria Walker Elementary plat, the follow three (3) courses and
distances:
1. South 79 °06'36" West, 100.00 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton
Surveying ");
2. North 12 °33'48" West, 100.00 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton
Surveying ");
3. North 79 °06'36" East, 100.00 feet to the POINT OF BEGINNING, CONTAINING 0.2295 acre of
land in Harris County, Texas.
Cotton Surveying Company
6335 Gulfton, Suite 100
Houston, TX 77081 -1169
(713) 981 -0275
Texas Board of (ProfessionaCLandSurveying
Registration No. 10046100
0•.. e
x5TFR ;!
Acting by /Through illiam R. Wolfram III . , Ra
Registered Professional Land Surveyor W. R.WOLFRAN
No. 6244 'N 6244
WWolfram @jonescarter.com ..�' ��B8 ....
08/14
P: \PROJECTS \01599 - PBK ARCHITECTS \0035 -03 Victoria Walker Replat \Survey \Legal Desc \0.2295 Ac Lift Station.cloc