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Ordinance No. 12,971ORDINANCE NO. 12,971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF PROPERTY FROM THE EXXON MOBIL CORPORATION FOR A WALKING PATH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 Exxon Mobil Corporation for a walking path. 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 vot o the City Council of the City of Baytown this the I Oh day of September, 2015. APPROVED AS TO FORM: r< NACIO RAMIREZ, SR., Ci ttorney H. DONCARLOS, R:''Kared,Files%City Council' +.Ordinances\2015- .September 10\AcceptingDonationofProperty .docx `\ e r e rti u � r UG n e i /♦ , e W R:''Kared,Files%City Council' +.Ordinances\2015- .September 10\AcceptingDonationofProperty .docx EXHIBIT "A" 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. DEED Grantor(s): Exxon Mobil Corporation Grantor's Mailing Address 5000 Bayway Drive Post Office Box 4004 Hams County Baytown, Texas 77522 Attn: Diana Hessler Grantee: The City of Baytown Grantee's Mailing Address: 2401 Market Street Post Office Box 424 Harris County Baytown, Texas 77522 Attn: City Clerk Consideration: The sum of Ten and no1100 Dollars ($10.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged and for which no lien is retained, either expressed or implied. Property: All of those certain tracts of land in Hams County, Texas, being more particularly described below and in the attached Exhibits A, B, and C (the "Property"). PROPERTY DESCRIPTION FOR TRACT 1 BEING a 0.2709 of an acre tract of land situated in the William Scott Upper League, Abstract 66 and the Harvey Whiting Survey, Abstract 840, both in Hams County, Texas and being out of and a part of that certain called 60.6983 acres conveyed by the City of Baytown, Texas, et al, to Exxon Mobil Corporation by Deed dated May 13, 2004 and recorded under County Clerk's File No. X737198 of the Official Public Records of Real property of Hams County, Texas. PROPERTY DESCRIPTION FOR TRACT 2 BEING a 0.1444 OF AN ACRE TRACT OF LAND SITUATED IN THE William Scott Upper league, Abstract 66 and the Harvey Whiting Survey, Abstract 840, both in Hams County, Texas and being out of and a part of that certain called 60.6983 acres conveyed by the City of Baytown, Texas, et al, to Exxon Mobil Corporation by Deed dated May 13, 2004 and recorded under County Clerk's File No. X737198 of the Official Public Records of Real Property of Hams County, Texas. Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for tax and assessments (other than liens and conveyances) presently of record in the Official Public Records of Hams County, Texas, that affect the property, but only to the extent that said items are still in force and effect at this time. Restrictions: The land subject to this conveyance can only be used for the City of Baytown walking path. The land is restricted from being used for agricultural purposes, residential development, water wells, playgrounds, schools, daycare, places of worship or other sensitive use areas. No basements or substructures, including underground parking garages can be erected. No storage spaces or utility conduits can be erected where vapors may accumulate. Reservation from Conveyance: Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Conveyance: GRANTOR, for the Consideration and subject to the Restrictions, Reservation 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 anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns 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 the claim the same or any part thereof, except as to the Reservation from Conveyance and the Exceptions to Conveyance and Warranty. EXECUTED on the date(s) of acknowledgement indicated below. GRANTOR: lxn=� I✓)/'' Exxon Mobil Corporation �� Date Matthew Crocker Agent and Attorney In Fact Acknowledgement State of Texas County of Hams This instrument was acknowledged bgfore me on •%/ DIANA K. HfssLER otary Public's Signature I Notary Public. State of Texas .. v M Commisslon Expires ,,, ,N� p p December Ob, 2016 EssonMobil SurvCN No. 150506 DOCU\IL•'1'F CONTHOLE D li\ 1 \\ONNIOHil 5l R\ F\ COORDIN t l OH (M) 425 - 3150 IN ACCORD % %CF \11711 N'1 %FS 041 -0.14 01 LLJ LLs9� N L) _ � W �ciQ �1 y d tjT �.`_`\ ► mil. � .` J� e( t ID QD ki p a r Irl l ILI Hit =11?3 si l93i„ ;,y r�i, sll t t tt <� iiiCy'gs gq � n r .Ai:µ • � • a `t � g5j � C.�e. i t►. i � 2�f � °��° i r ExxonMobil Survey No. 150506 DOCUMENT CONTROLED BY EXXONNIOBIL SURVEI COORDINATOR (281) 425 - 3758 IN ACCORDANCE WITH BTAES 0- 0 -0 -14 STATE OF TEXAS) COUNTY OF HARRIS) TRACT 1) FIELD NOTES of a 0.2709 of an acre tract of land situated in the William Scott Upper League, Abstract 66 and the Harvey Whiting Survey, Abstract 840, both in Harris County, Texas and being out of and a part of that certain called 60.6983 acres conveyed by the City of Batyown, Texas, et al, to Exxon Mobil Corporation by Deed dated May 13, 2004 and recorded under County Clerk's File No. X737198 of the Official Public Records of Real Property of Harris County, Texas. This 0.2709 of an acre is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998930. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 5/8 inch iron rod found in the Northeast right -of -way line of Spur 330 (Decker Drive /right -of -way width varies) for an exterior corner of a residue tract out of a 1466.44 acre tract of land formerly owned by Exxon Company U.S.A. (now owned by Exxon Mobil Corporation) as described in Volume 435 at Page 413 of the Deed Records of Harris County, Texas. Said point being the Southwest comer of said 60.6983 acres and the Southwest corner of that certain 60.2830 acres surveyed this date. Said COMMENCING POINT has a State Plane Coordinate Value of Y= 13,843,106.04 and X 3,240,657.64. THENCE: North 29 °31'01" East along the West line of said 60.6983 acres, the West line of said 60.2830 acre tract and an exterior line of said 1466.44 acre residue tract for a distance of 1073.86 feet to a %: inch iron rod, with cap (BHA), found for the Northwest corner of said 60.6983 acres, the Northwest corner of said 60.2830 acre tract and the Southwest corner of that certain 38.399 acres conveyed by Charles Nickel, et al, to City of Baytown by Deed dated October 31, 1996 and recorded under County Clerk's File No. S196928 of the Official Public Records of Real Property of Harris County, Texas. THENCE: South 68 °36'05" East along the Westernmost North line of said 60.6983 acres, the Westemmost North line of said 60.2830 acre tract and the South or Southwest line of said 38.399 acres for a distance of 171.95 feet to a'Y2 inch iron rod, with cap (BHA), set for an angle point in said line at the Westernmost corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y- I3,843,977.70 and X 3,241,346.73. Exhibit B ExxonMobil Survey No. 150506 DOCUMENT CONTROLED BY EXXONIVIOBIL SURVEY COORDINATOR (281) 425 - 3758 IN ACCORDANCE WITH BTAES 0- 0 -0 -14 PAGE 2 0.2709 OF AN ACRE, TRACT 1. T14ENCE: Continue South 68 136'05" East along the North line of this tract, the Westernmost North line of said 60.6983 acres and the South or Southwest line of said 38.399 acres for a distance of 313.38 feet to a' /2 inch iron rod, with cap (BHA), found for the Northernmost Northeast corner of said 60.6983 acres, an interior corner of said 38.399 acres and the Northeast corner of this tract. THENCE: South 01 °51'53" East along the East line of this tract, the Northernmost East line of said 60.6983 acres and the South or Southwest line of said 38.399 acres for a distance of 87.85 feet to a'' /z inch iron rod, with cap (BHA), set for the Southeast corner of this tract and the Northernmost Northeast corner of said 60.2830 acres. THENCE: North 47 °55'46" West along the South line of this tract and the Westenmost North line of said 60.2830 acres for a distance of 163.94 feet to a'' /z inch iron rod, with cap (BHA), set for an angle point in said line. THENCE: North 75 °50'02" West along the South line of this tract and the Westernmost North line of said 60.2830 acres for a distance of 120.65 feet to a % inch iron rod, with cap (BHA), set for an angle point in said line. THENCE: North 48 °09'30" West along the South line of this tract and the Westernmost North line of said 60.2830 acres for a distance of 40.21 feet to a' /z inch iron rod, with cap (BHA), set for an angle point in said line. THENCE: North 35 °53'05" West along the South line of this tract and the Westernmost North line of said 60.2830 acres for a distance of 44.36 feet to the PLACE OF BEGINNING and containing within these boundaries 0.2709 of an acre. SURVEYOR'S CERTIFICATE I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in June and July of 2015 and that all lines, boundaries and landmarks arc accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 15' day of July, A. D., 2015. VL �Qr�'7 liene Ramsey e Registered Professional Land Surveyor No. 4379 15-4520.Tr.l.fnd.doc OF Hutchison & Associates, Inc. �Q• qat A��y 1209 Decker Drive, Suite 100 •• Baytown, TX 77520 •••�Wt •RAhA5EY . Engineering Firm #F -267 F O 4363 rw Surveying Firm 4100293 -00 yQ aua �a4 V ExxonMobil Survey No. 150506 DOCUMENT CONTROLED BY EXXONMOBIL SURVEY COORDINATOR (281) 425 - 3758 IN ACCORDANCE WITH BTAES 0- 0 -0 -14 STATE OF TEXAS) COUNTY OF HARRIS) TRACT 2) FIELD NOTES of a 0.1444 of an acre tract of land situated in the William Scott Upper League, Abstract 66 and the Harvey Whiting Survey, Abstract 840, both in Harris County, Texas and being out of and a part of that certain called 60.6983 acres conveyed by the City of Batyown, Texas, et al, to Exxon Mobil Corporation by Deed dated May 13, 2004 and recorded under County Clerk's File No. X737198 of the Official Public Records of Real Property of Hams County, Texas. This 0.1444 of an acre is more particularly described by the following metes and bounds, to-wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998930. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 518 inch iron rod found in the Northeast right -of -way line of Spur 330 (Decker Drive /right -of -way width varies) for an exterior corner of a residue tract out of a 1466.44 acre tract of land formerly owned by Exxon Company U.S.A. (now owned by Exxon Mobil Corporation) as described in Volume 435 at Page 413 of the Deed Records of Harris County, Texas. Said point being the Southwest comer of said 60.6983 acres and the Southwest corner of that certain 60.2830 acres surveyed this date. Said COMMENCING POINT has a State Plane Coordinate Value of Y= 13,843,106.04 and X= 3,240,657.64. THENCE: North 29°31'01" East along the West line of said 60.6983 acres, the West line of said 60.2830 acre tract and an exterior line of said 1466.44 acre residue tract for a distance of 1073.86 feet to a %: inch iron rod, with cap (BHA), found for the Northwest corner of said 60.6983 acres, the Northwest corner of said 60.2830 acre tract and the Southwest corner of that certain 38.399 acres conveyed by Charles Nickel, et al, to City of Baytown by Deed dated October 31, 1996 and recorded under County Clerk's File No. S196928 of the Official Public Records of Real Property of Harris County, Texas. THENCE: South 68 °36'05" East along the Westernmost North line of said 60.6983 acre tract, the Westernmost North line of said 60.2830 acres and the South or Southwest line of said 38.399 acres and at 171.95 feet pass a' /z inch iron rod, with cap (BHA), set for an angle point in the North line of said 60.2830 acres at the Westernmost corner of that certain 0.2709 of an acre (Tract 1) surveyed this date; said point has a State Plane Coordinate Value of Y= 13,843,977.70 and X= 3,241,346.73; in all, a total distance of 485.33 feet to a' /z inch iron rod, with cap (BHA), found for an interior comer of said 38.399 acres and the Northernmost Northeast corner of said 60.6983 acre tract. Exhibit C ExxonMobil Survey No. 150506 DOCUMENT CONTROLED BV EXXONMOB1L SURVEI COORDINATOR (281) 425 - 3758 IN ACCORDANCE WITH BTAES 0- 0 -0 -14 PAGE 2 0.1444 OF AN ACRE, TRACT 2. THENCE: South 01151'53" East along the Northernmost East line of said 60.6983 acre tract, the East line of said 0.2709 of an acre and the South or Southwest line of said 38.399 acres and at 87.85 feet pass a'' /z inch iron rod, with cap (BHA), set for the Southeast corner of said 0.2709 of an acre and the Northernmost Northeast corner of said 60.2830 acres; in all, a total distance of 222.64 feet to a'' /z inch iron rod, with cap (BHA), found for an interior corner of said 60.6983 acres, an interior corner of said 60.2830 acre tract and an exterior corner of said 38.399 acres. THENCE: South 60'32'16" East along the Easternmost North line of said 60.6983 acres, the Easternmost Northeast comer of said 60.2830 acre tract and the South or Southwest line of said 38.399 acres for a distance of 603.71 feet to a %z inch iron rod, with cap (BHA), set for an angle point in the Easternmost North line of said 60.2830 acres at the Westemmost corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y= 13,843,343.97 and X 3,242,171.30. THENCE: Continue South 60 °32' 16" East along the North line of this tract, the Easternmost North line of said 60.6983 acres and the South or Southwest line of said 38.399 acres for a distance of 118.20 feet to a %s inch iron rod, with cap (BHA), found for the Northeast comer of this tract, the Easternmost Northeast comer of said 60.6983 acres and an interior comer of said 38.399 acres. THENCE: South 21 °57'51" East along the East line of this tract, the Southernmost East line of said 60.6983 acre tract and the Southernmost West line of said 38.399 acres for a distance of 65.12 feet to a'' /z inch iron rod, with cap (BHA), set for the Southeast corner of this tract and the Easternmost Northeast comer of said 60.2830 acres. THENCE: North 82 157'45" West along the South line of this tract and the Easternmost North line of said 60.2830 acres for a distance of 34.97 feet to a'' /z inch iron rod, with cap (BHA), set for an angle point in said line. THENCE: North 67 °06'21" West along the South line of this tract and the Easternmost North line of said 60.2830 acres for a distance of 46.57 feet to a'' /z inch iron rod, with cap (BFIA), set for an angle point in said Iine. THENCE: North 38 140'22" West along the South line of this tract and the Easternmost North line of said 60.2830 acres for a distance of 46.37 feet to a'' /z inch iron rod, with cap (BHA), set for an angle point in said line. ExxonMobil Survey No. 150506 DOCUNIENT CONTROLED BI EXXONMOBIL SURVEI COORDINATOR (281) 425 - 3758 IN ACCORDANCE WITH BTAES 0- 0 -0 -14 PAGE 3 — 0.1444 OF AN ACRE, TRACT 2. THENCE: North 19 °02'44" West along the South line of this tract and the Easternmost North line of said 60.2830 acres for a distance of 63.39 feet to the PLACE OF BEGINNING and containing within these boundaries 0.1444 of an acre. SURVEYOR'S CERTIFICATE 1, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in June and July of 2015 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 151" day of July, A. D., 2015. J l cne Ramsey Registered Professional Land Surveyor No. 4379 OF 15- 4520.newTr.2.fnd.doc R Q9R�-fj, co Hutchison & Associates, Inc. . tt;! fB� RAl4tS�Y 1209 Decker Drive, Suite 100 •' •• Baytown TX 77520 Engineering Firm #F -267 S 11 ciy Surveying Firm #100293 -00 ��'