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CC Resolution No. 2069RESOLUTION NO. 2069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE REFINANCING BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION OF THREE PRIOR FINANCINGS FOR THE BENEFIT OF BAYTOWN CHRISTIAN ACADEMY, INC., APPROVING THE ISSUANCE OF A NEW TAX EXEMPT NOTE BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC., AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Baytown Christian Academy, Inc. (the "School ") is an accredited primary and secondary school located within the City of Baytown, Texas (the "City ") and has constructed a school campus consisting of five buildings including classrooms, library, computer lab, cafetorium, administrative facilities, parking facilities and a gymnasium, located at the new school campus at 5555 N. Main Street, Baytown, Texas 77521 (the "Project "); and WHEREAS, the Project was financed by the issuance of three tax exempt loans described as follows: (i) the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy) Series 2003 (the "Series 2003 Bonds "); (ii) the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy Project) Series 2004 (the "Series 2004 Bonds "); and (iii) the Milford Higher Education Facilities Corporation Loan Agreement and Note issued in 2006 for the benefit of the School (with all three of such loans being the "Prior Loans "); and WHERE AS, the Lender (Citizens National Bank of Texas), the School, and the Milford Higher Education Facilities Corporation all desire to refinance the Prior Loans, and with the refinancing of the Prior Loans to be accomplished by a Loan Agreement and a new note of the Milford Higher Education Facilities Corporation in the maximum principal amount of $4,100,000 (the "2010 Note "); and WHEREAS, the issuance of the 2010 Note must be approved by the City of Baytown, Texas pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986 as amended; and WHEREAS, the City is willing to consider the School's request in order that the Prior Loans may be refinanced and the 2010 Note may be issued; and WHEREAS, a public hearing has been held by this City Council with regard to the issuance of the new 2010 Loan to refinance the Prior Loans, all in the manner required by law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That solely for the purpose of satisfying the provisions of Section 147(f) of the Internal Revenue Code of 1986 as amended, the City Council of the City of Baytown hereby approves the issuance of the 2010 Note to refinance the Prior Loans. Section 2: That the School has represented to the City Council of the City of Baytown that the proceeds of the Prior Loans (being refinanced by the 2010 Note) were used to finance or refinance completion of construction of the Project and the sole user of the Project is Baytown Christian Academy, Inc., a Texas nonprofit corporation. Section 3: That this resolution is passed based on the express understanding and representation by the School and the Milford Higher Education Facilities Corporation that the Prior Loans and the 2010 Note do not and will not constitute in any way a liability or obligation of the City in any manner whatsoever, and do not and will not count against the City's bonding authority in any way whatsoever. The School shall indemnify the City from all liabilities regarding the Prior Loans and the 2010 Note in a manner and form acceptable to the City Attorney. Section 4: That the City does not by this resolution waive any requirement of the City relating to the School's Project, including, but not limited to, any requirement for building permits or certificates of occupancy. Section 5: This resolution 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 o jfhe City Council of the City of Baytown this the 10`I' day of June, 2010. �' APPROVED AS TO FORM: 'ACID RAMIREZ, SR., i Attorney ONCARLOS, RAKaren' Files %City Council" Resolutions\2010Vune 10`, BaytownChristianAcademyFinancing .DOC 2 • RESOLUTION NO. 2069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. APPROVING THE REFINANCING BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION OF THREE PRIOR FINANCINGS FOR THE BENEFIT OF BAYTOWN CHRISTIAN ACADEMY, INC., APPROVING THE ISSUANCE OF A NEW TAX EXEMPT NOTE BY THE MILFORD 1-IIGHER EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC.. AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS. Baytown Christian Academy, Inc. (the "School") is an accredited primary and secondary school located within the City of Baytown, Texas (the "City") and has constructed a school campus consisting of five buildings including classrooms, library, computer lab, cafetorium, administrative facilities, parking facilities and a gymnasium, located at the new school campus at 5555 N. Main Street, Baytown. Texas 77521 (the "Project"); and WHEREAS. the Project was financed by the issuance of three tax exempt loans described as follows: (i) the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy) Series 2003 (the "Series 2003 Bonds"); (ii) the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy Project) Series 2004 (the "Series 2004 Bonds"); and (iii) the Milford 1-ligher Education Facilities Corporation Loan Agreement and Note issued in 2006 for the benefit of the School (with all three of such loans being the "Prior Loans'); and WHEREAS. the Lender (Citizens National Bank of Texas). the School, and the Milford Higher Education Facilities Corporation all desire to refinance the Prior Loans, and with the refinancing of the Prior Loans to be accomplished by a Loan Agreement and a new note of the Milford Higher Education Facilities Corporation in the maximum principal amount of$4.100,000 (the "2010 Note"); and WI-IEREAS. the issuance of the 2010 Note must be approved by the City of Baytown, Texas pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986 as amended: and WHEREAS. the City is willing to consider the School's request in order that the Prior Loans may be refinanced and the 2010 Note may be issued: and WHEREAS. a public hearing has been held by this City Council with regard to the issuance of the new 2010 Loan to refinance the Prior Loans. all in the manner required by law: NOW THEREFORE, BE IT RESOLVED I3Y THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That solely for the purpose of satisfying the provisions of Section 147(f) of the Internal Revenue Code of 1986 as amended, the City Council of the City of Baytown hereby approves the issuance of the 2010 Note to refinance the Prior Loans. Section 2: That the School has represented to the City Council of the City of Baytown that the proceeds of the Prior Loans (being refinanced by the 2010 Note) were used to finance or refinance completion of construction of the Project and the sole user of the Project is Baytown Christian Academy. Inc., a Texas nonprofit corporation. Section 3: That this resolution is passed based on the express understanding and representation by the School and the Milford I-Iigher Education Facilities Corporation that the Prior Loans and the 2010 Note do not and will not constitute in any way a liability or obligation of the City in any manner whatsoever, and do not and will not count against the City's bonding authority in any way whatsoever. The School shall indemnify the City from all liabilities regarding the Prior Loans and the 2010 Note in a manner and form acceptable to the City Attorney. Section 4: That the City does not by this resolution waive any requirement of the City relating to the School's Project. including, but not limited to. any requirement for building permits or certificates of occupancy. Section 5: This resolution 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 o/he City Council of the City of Baytown this the 10th day of June. 2010. ANL_ti� c� A. #' STEP. IE �I ONCARLOS, Ma ir � /\ / wMrdir Cty Clerk 41110 APPROVED AS TO FORM: ACIO RAMIREZ, SR.. Sp Attorney R:\karen\l'ilcs\City Council\ResolutionsL0I°Dune I O\Bayto%%nChristianAcadcmyfinancing.DOC CITY OF BAYTOWN BAYTOWN 2401 Market Street, Baytown, Texas 77520 281-420-6501 April 19,2010 Baytown Christian Academy,Inc. 5555 N.Main St. Baytown,Texas 77521-8628 Re: Utility Easement and Temporary Construction Easement Dear Sir or Madam: This Letter Agreement ("Agreement") will evidence the terms and conditions by which the City of Baytown (the "City") shall acquire and Baytown Christian Academy, Inc. ("BCA") shall convey the Utility Easement and Temporary Construction Easement, which are attached hereto as Exhibits "A" and "B,"respectively,and incorporated herein for all intents and purposes(the"Easements"). 1. City's Obligations 1.01 Consideration. a. Taps. In the construction of the North Main/IH-10 Utility Project,the City will cause its contractor,at the City's sole expense,to install one six-inch sanitary sewer tap and one two-inch water tap, which taps will be located north of the northernmost driveway of the existing school building. b. Impact Fees. Within thirty (30) days after the start of construction of the North Main/I-10 Utility Project,the City shall pay impact fees attributable to BCA's future elementary school building to be constructed on the property on which the Easements are granted, based upon a projected eight (8) equivalent dwelling units. Nothing contained herein shall obligate the City to pay more than SEVENTEEN THOUAND NINE HUNDRED FORTY-SEVEN DOLLARS AND 68/100 DOLLARS ($17,947.68) pursuant to this subsection. Any additional costs shall be borne by BCA. 1.02 Storage. Neither the City nor its contractor shall store machinery or materials on any portion of the property from the south property line to station 58+50 of the project baseline as shown on the construction plans for the N. Main/H-10 Utility Project, Job No. 044-071,Contract 2,dated October 2009. 2. BCA's Obligations 2.01 Easements. Within fifteen (15) days of the execution of this Agreement, BCA shall execute and tender to the City the Easements with the terms and conditions as specified in Exhibits"A"and"B." Baytown Christian Academy Letter Agreement April 19,2010 Page 2 3. Term The term of this Agreement shall begin on the date signed by the City Manager and shall continue in full force and effect until both parties obligations are complete. 4. General Conditions 4.01 Neither the City nor BCA shall sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part during the term hereof. 4.02 Notwithstanding anything to the contrary contained in this Agreement,the City and BCA hereby agree that no claim or dispute between the City and BCA arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, BCA consents to be joined in the arbitration proceeding if BCA's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. 4.03 Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy,strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 4.04 By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement,any charter,or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or part the City's sovereign immunity. BCA assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto,their employees,or other third parties)and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties)that is caused by or alleged to be caused by, arising out of, or in connection with BCA's work to be performed hereunder. This release shall apply with respect to BCA's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 4.05 This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. 4.06 All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 4.07 In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Baytown Christian Academy Letter Agreement April 19,2010 Page 3 4.08 This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This Agreement shall not be amended or modified without the express written consent of both parties hereto. Should the above-referenced terms and conditions be acceptable to you,please execute this letter agreement and return the same to my attention at the above-referenced address. Thereafter,I will present it to the City Manager for approval. Should you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. S. ely Robert D. Leiper Deputy City Manager AGREED: Baytown Christian Academy, c. .— &, 2— 20/0 gnature) (Date) i1 , -,z-k- (t I l (Printed Name) e60/git L) " d�ZS vE N T (Title) AGREED: City of : .;o „........„.i" Garrison C. back,City Manager (Date) R:UCaren\Files\Legal\Deeds&Easements\North Main Contract#2\Baytown Christian Academy\Letter Agreement.doc / 1 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. UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR BAYTOWN CHRISTIAN ACADEMY, INC., owner 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 is hereby acknowledged and confessed by GRANTOR has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, a utility easement above, across, and under the real property located in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes(the "Property"). 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 forever. GRANTOR agrees to bind itself, its successors and assigns to WARRANT and FOREVER DEFEND, the said property unto the said GRANTEE, CITY OF BAYTOWN, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Utility Easement, Page I EXECUTED this the day of , 20_. GRANTOR: BAYTOWN CHRISTIAN ACADEMY, INC. Signature Printed Name Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared , as the of BAYTOWN CHRISTIAN ACADEMY, INC., the owner of the above-referenced property, known to me; proved to me on the oath of ; or proved to me through his current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 20_. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: BAYTOWN CHRISTIAN ACADEMY, INC. 5555 N. Main St. Baytown, Texas 77521-8628 RETURN TO GRANTEE: CITY OF BAYTOWN Ann: City Clerk P.O. Box 424 Baytown, Texas 77522 "cohsrvl\Lcgal\K:ucn\Files\Lcgal\Dccds&Eascrncnts\North Main Contract#2\UtilityEascmcntBaytownChristianAcadcmy doc Utility Easement, Page 2 LIENHOLDER CITIZENS NATIONAL BANK OF TEXAS' CONSENT The Lienholder CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK,joins in the execution of this Utility Easement for the sole purpose of evidencing its consent to the Utility Easement as to the real property described in Exhibit"A." LIENHOLDER: CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK 200 N.Elm Waxahachie,TX 75165 BY: Signature Printed Name Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared , as the of CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK, a lienholder of the property described in Exhibit"A," known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this_day of ,2009. Notary Public in and for the State of Texas My commission expires: Utility Easement, Page 3 DESCRIPTION TRACT 7 PROPOSED 20' SANITARY SEWER EASEMENT 0.4023 of one acre or 17,523 square feet of land situated in the H F. Gillette Survey, Abstract Number 297, Harris County, Texas, being a portion of that certain called 26.670 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas,under County Clerk's File Numbers U792623and L1626357, said 0.4023 of one acre or 17,523 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap set in the Westerly right-of-way line of North Main Street(100 feet wide at this point) for the Northwesterly corner of that certain called0.442 of one acre of land conveyed to Hams County, Texas by deed recorded in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Number H609108, and the Southwesterly corner of that certain called 0.283 acre of'land, conveyed to Harris County, Texas by deed recorded in the Official Public Records of'Real Property of Harris County, Texas under County Clerk's File Number H427677; Thence, S 02'07'30" E, along the Westerly line of said North Main 0.442 acre tract, a distance of 876.11 feet to a 5/8 inch iron rod with cap set in the Northerly line of that certain called 1.3070 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County,Texas, under County Clerk's File Number 11609107; Thence, S 77°29'52" W, along the Northerly line of said 1.3070 acre tract, a distance of 20.33 feet to a for corner; Thence, N 02°07'30" W, a distance of 876.25 feet to a point in the Northerly line of said 26.670 acre tract; Thence, N 77°52'52" E, along the Northerly line of said 26.670 acre tract, a distance of 20.31 feet to the POINT OF BEGINNING and containing 0.4023 of one acre or 17,523 square feet of land. BEARING ORIENTATION BASED ON TEXAS STATE PLANE COORDINATE GRID SYSTEM OF 1983 (SOUTH CENTRAL ZONE), DERIVED FROM CITY OF BAYTOWN MONUMENT NO. 303. TRACT BEING SHOWN ON MAP (SEE HSC 00659-A-12) HOVIS SURVEYING COMPANY OF By: ,�t.COtitO3TE44:::' Date: January 23, 2009 ' • • Job No: 06-065-60 • BRIAN K.LUNEU. •� , Dwg No: HSC 00659-A-12 490 5954 ITN, , File No: N06-065.60D 9I;O"Fss+j ° r Revised: June 2, 2009 Revised: June 4, 2009 Exhibit "A" Exhibit "B" 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 CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR BAYTOWN CHRISTIAN ACADEMY, INC., owner 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 is hereby acknowledged and confessed by GRANTOR, has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, a temporary construction easement above, across, and under the real property located in Harris County, Texas, as further described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. 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 and structures, including other utilities, unto GRANTEE CITY OF BAYTOWN, its successors and assigns for three years after the execution of this easement. Upon expiration of the three-year period, GRANTEE shall restore the above-described property to a reasonably similar condition as the same was in at the time of the execution of this easement. GRANTOR agrees to bind itself, its successors and assigns to WARRANT and FOREVER DEFEND, the said property unto the said GRANTEE CITY OF BAYTOWN, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Temporary Construction Easement, Page 1 EXECUTED this the day of , 20_. GRANTOR: BAYTOWN CHRISTIAN ACADEMY, INC. Signature Printed Name Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared , as the of BAYTOWN CHRISTIAN ACADEMY,INC.,the owner of the above-referenced property, known to me; proved to me on the oath of ; or proved to me through his current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 20_. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: BAYTOWN CHRISTIAN ACADEMY, INC. 5555 N. Main St. Baytown, Texas 77521-8628 RETURN TO GRANTEE: CITY OF BAYTOWN Attn: City Clerk P.O. Box 424 Baytown, Texas 77522 cobsry l\Legal\Karen\Files\Lcgal`Decds S:Easements\North Main Contract#2\ConstructionFascmencBaytownChristianncademy doc Temporary Construction Easement, Page 2 P g LIENHOLDER CITIZENS NATIONAL BANK OF TEXAS' CONSENT The Lienholder CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK, joins in the execution of this Temporary Construction Easement for the sole purpose of evidencing its consent to the Temporary Construction Easement as to the real property described in Exhibit"A." LIENHOLDER:: CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK 200 N. Elm Waxahachie,TX 75165 BY: Signature Printed Name Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared , as the of CITIZENS NATIONAL BANK OF TEXAS, f/k/a CITIZENS NATIONAL BANK, successor in interest to CITIZENS NATIONAL BANK,the lienholder of the property described in Exhibit"A," known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2009. Notary Public in and for the State of Texas My commission expires: Temporary Construction Easement,Page 3 VL..\,1 Ll I iv.. TRACT 8 PROPOSED 20' TEMPORARY CONSTRUCTION EASEMENT 0.4023 of one acre or 17,526 square feet of land situated in the H. F. Gillette Survey, Abstract Number 297, Harris County, Texas, being a portion of that certain called 26.670 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas,wider County Clerk's File Numbers(J7Q2621 and U62.6357,said 0.4023 of one acre or 17,526 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap set in the Westerly right-of-way line of North Main Street(100 feet wide at this point) for the Northwesterly corner of that certain called 0.442 of one acre of land conveyed to Harris County, Texas by deed recorded in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Number H609108, and the Southwesterly corner of that certain called 0.283 acre of land, conveyed to Harris County, Texas by deed recorded in the Official Public Records of Real Property off larris County, Texas under County Clerk's File Number H427677; Thence,S 77°52'52" W,along the Southerly line ot'that certain called,7.3962 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County,Texas,under County Clerk's File Number L907493, a distance of 20.31 feet to the POINT OF BEGINNING of the herein described tract of land; Thence, S 02'07'30"E,a distance ul'875.25 feet to H point in the Northerly line of that certain called 1.3070 acres of land described in deed and recorded in the Official Public Records of Real Property ofHarris County,Texas,under County Clerk's File N umber 11609107, from which a 5/8 inch iron rod with cap set in the Northerly line of said 1.3070 acre tract bears N 77'29'52" E, 20.33 feet; Thence, S 77°29'52" W, along the Northerly line of said 1.3070 acre tract, a distance of 20.33 feet to a point for corner; Thence,N 02°07'30" W,a distance of 876.38 feet 10 a point in the Southerly line of said 7.3962 acre tract; Thence, N 77°52'52" E, along the Southerly line of said 7.3962 acre tract, a distance of 20.31 feet to the POINT OF BEGINNING and containing 0.4023 of one acre or 17,526 square feet of land. BEARING ORIENTATION BASED ON TEXAS STA'L'E PLANE COORDINATE GRID SYSTEM OF 1983 (SOUTH CENTRAL ZONE), DERIVED FROM CITY OF BAYTOWN MONUMENT NO. 303. TRACT BEING SHOWN ON MAP (SEE HSC 00659-A-12) HOVIS SURVEYING COMPANY . - OF By. � P GisrEgF;f"9N, ye ,_ o•. Date: January 23, 2009 ' Job No: 06-065-60 • BRIAN K.LUNELL •:q 5954 Dwg No: HSC 00659-A-12 '<y'•9o�Fss ot$::' File No: 006-065.60D • :O SUNV - ' Revised: March 11, 2009 Revised: June 2, 2009 Revised: June 4,2009 Exhibit "A" FIRST CHRISTIAN CHURCH BAYTOWN, TEXAS .1 HARRIS COUNTY LINE DISTANCE BEARING CALLED 7.3962 ACRES CALLED 0.283 ACRES L1 876.11' S 02.07'30" E I H.C.C.F. NO. L907493 L H.C.C.F. NO. H427677 p p 6 TRACT �� L2 20.33' S 77 29'S2" w P.0.8. TRAM 7 L3 876.25' N 02'07'30" W S C.P. TRACT 8 SET 5/8 I.R. W/CAP L4 20.31' N 77'52'52- E I I I L5 20.33' S 77'29'52- W L6 876.38' N 02'07'30" W I I °I HARRIS COUNTY CALLED 0.442 ACRES L7 20.31' N 77 sz'sz" E I H.C.C.F. NO. H609108 NOTES I 1. This survey was performed without the benefit of a current title report therefore all easements and other TRACT 7 of record which may have been granted may not I Os shown hereon. PROPOSED 20' 2. Bearing orientation based on Texas State Pone 9 I SANITARY a7ERT R Coordinate Grid System of 198.3 (South Central Zone). j�eQp�(puq+ derived from City of Baytown monument No. 303. BAYTOWN CHRISTIAN ACADEMY, 0.1023 ACRES OR 3. Surveyor did not abstroct tract. INC. I I 17623 S.F. 4. CALLED 26.670 ACRES ( ) incficot°° deed or sat call. H.C.C.F. NO. U792623 5. Tract being more porticuony described by separate metes PROPOSED T� and bounds. See NO6-065.600 and 006-055.600 POSED 6. All improvements not shown hereon. H.C.C.F. NO. U626357 I I I 20' TEMPORARY CONSTRUCTION 7. Revised June 4, 2009. I I V 0.40ANT - OF 23 ACRES OR /,�Q•�_6ISTEgF.9 k 17.626 S.F. A Co Q C '•`r 1 , a • I I BRIAN K.LUNELL • �NT� YIln .0 5954 ti RIS CO CRES 2i NORTH MAIN STREET l< '.9oF 9,P"O r 130711609107 (100' R.O.W.) ,9,'�SUR\i'.- 1/2• L.R Act /l‘2I cOU�TY oil). Registered Professional Land Surveyor Al 320PGAC5g4 H HOVIS Land Surveys — Computer Mapping C 3967, S SjRtTL'1rYIN 5000 Cabbage Spring, Texas 77379 v01,. D•9-11 �+ SURVEYING (261) 320-9591 CCOMPANY Acreage — Residential — Industrial — Commercial DCJIBIT OF PROPOSED 20' SANITARY SEWER EASEMENT LEGEND:COMuENCING POINT MID 20' �RrARY CONSTRUCTION EASEMENT SITUATED IN h{I�E,pH.F Qi1�1?E SURVEY. ABSTRACT DRHC — DEED RECORDS OF HARRIS COUNTY 297� HARRIS COUNTY, 'TEXAS. HCCF NO.— HARRIS COUNTY CLERK'S FILE NUMBER POB m POINT OF BEGINNING er DATE: JANUARY 23. 2009 SCALE. 1 w 200' JOB NO.: 06-065-60 0606560K.DWC NSC 00659—A—12 05/11/2010 08:25 2814258088 CLASSIFIED PAGE 02 • The Baytown Sun 1301 Memorial Drive Baytown,Texas 7752() 28I-422-8302 AFFIDAVIT OF PUBLICATION Naman; Howell. Smith, & Lee, PLLC Attn: Vicki Fox PO Box 1470 Waco,Tx 76703 COUNTY OF HARRIS STATE OF TEXAS Reference: Loan Agreement Before me, the undersigned authority. on this day personally appeared. Alan Percy who being duly sworn, deposes and says that he is an agent of the Baytown Sun that said newspaper is regularly•published in (Harris County and generally circulated in Harris and Chambers Counties. Texas that the attached notice was published on the following Date: Alan Percy, Agen Printed May 20, 201() Subscribed and sworn before me this g of 9 t/h� 2010 AD Y','\ SANDY DeNSON Not:�ry Public 3TA7E OF TEXAS 'iloi in en,.May 25 2011 05/11/2010 08:25 2814258088 CLASSIFIED r r • , hi 110 • - -semi • ei i ,•• LM; Be!viau by Fishers V� EPFECTNE DATE LanoinglFn,e;30arn• THEREOF. 4pm d Sat.lam Form BARTENDER NE (Crib,Toddler beds. For Ice Hou :' • —" ♦/� , Couch.w/0.lath, CMS*.Ex0en s NOT)CEOF• B 1 t Nnr1e! 1ele @r Items.dresser,etc,) necessary!Outgoing FIJeUC FIEABINSi bans issued for the•, ,„ Clothes(kods/aduitsi personality amust. of the&_ftall asto'lowe: shoes,weddingnormal, Call262.48B-7298 Nonce is hereby given •r. - hm decors Alt proceed that the Baytown City (i)p•e M'irtord Higher Edu- gc rowerda Goa s'Nord _. Council will hold a pudic cation Facilities Corpora- ,t,,,--- n A(:uon Youth Ministry' CALL TAKER hearing giving all pe-osorts don Eduradon Revenue At ' � IMMEDIATE OPENING: OLIVE,2307 the right to amend and par- Bonds (Baytown Chas-den "1.: FT/PT,Must be retie- bpale in the hearing re- Academy)Series 2033(the .f Sal.7wn-6pm,clothe?, bias atlinguat A plus amid a Loan Agreement nwaLp'• cats\v4l glass.uerra. Apply: a n9 A9 'Series 200o t3onds); .r cell' r' and related rota In the ;rf, and much mere' 820 W.Main Si. �' maa6mtnrl pm/Kips.'amount (a)the Mtkxd Higher Edu- "' ,r-� --•.. .;' toll. La Porte.Tx,77571 of S4.100,000 to be issued cation Facitwa Corpora- PLANTATION 5834 (281)471.1723 by the Milord Higher Edu• son Eaticadon Re.enue 40 •1 •i t,10.4.,;; 4+:_! Fri,d Sal.Bem cation Facill88e Corpora- Bonds (Beyaav:rt Christan @11 i�." ill ,,,.r r' i. 'Barber's el. Fvm. ..- _. _"- don the 'c'010 y Pry) `k 1. h `..fps-'. ,.:, COLLEGE ( Note') for Arai senses ii ;; ladies.shoes sz.12. the benefit of eayeow Zppd (ta "Series 2004 1 ,'n F_ ._r::, mess hoes sz.1 s STUDENTS Christian Academy, I C. Bonds):art '" '"-tY , a'.�y:,,.,.. ;lothes,8 Marc' &2010 HS Grade (the "SchoOf). The VD. :.r• $15 base•app1,F t/PT zeds of the 2010 Note are fill)die Milford t{ la✓Edu `:, iIS. r`: RED CEDAR BEND, schedules,salesisvc, to be used to(i)pay vests cation Fadtldes' Corpora- ,w, t 4 - 3522.Sat.8-?5 Rp ex Rea all ages d issuance,and(i)to retl- Son teen Agreernere and ,'�'tr' r t+ Family Garage Sate- 174 Conditions apply, n9r''ee me ourstanjing Note issued In 2CC6 for Iha b:alr�,>r Lots of everything! (2111)421.4007 arrax 1 due on three crier tenet 0l de Schml(wit Harold. I ail matte of such bans be- ing try Era-Prior Loan), The cis of the three Harold Lloyd"Pete"} Torn(28 L) •s. ' • Prior Loans an have been long rime resident of Coy (832)984.0217 a ,385-6633 used to construct,class- away on Friday,May(936)257.8110 library, apmpuartptnrcibinSontlticigar- FOUND:` puiom d[toms A STATED MEETING tab,duo� TM admelisee- in a local nursing home, Yellow Lab w/red collar of Goose Creek Iva tQpl '� t°o1" bons i n Omaha, Te 1 EAPHER,WANIEP oes and a gr.ma.a.=(eat `�316 W.Frances wit yr,exp,in IlC need Masonic Lodge t tP2 -pr ,�m the s September Keith.1926 to on 5/10. Please feel will be held at 30° tree to come b I! child care selling I/r or Bgyyj„n Chns5an Aida titid Ella __ y ph,benefits,apply in Schilling St,on arson; q Our Kids Thursday,May 20, my, Inc- at SSSb N. Mein He grew up in the Ea F-RE6 KITTENS p street. Baytown, Texas. outdoo>s and roughneck Learning Academy. 2010 el 7:30 PM for the Eating and liner box 7626niGarth Rd. purpose regular The apt@ 15°r of this Prol_ Texas oil patches as a yc ur ose Of re trainer,.Ready to gotact will er fy,kt. n Ctriad- business of the Lodge. Joined the ArmyAir Cc 1832)784.0374 7O� Sates Ameal will be served A4s0eny' 3 end of World War TI an FREE PUPPIES Silas Profoaslonela 8:30pm Honoring THE PRIOR LOANS BE- on cargo transports bast Hall Lab,Hall Boxer. The Eastern Stars.Ail $ p 21 r old Nat's AdvenisING REFINANCED, AND 7wks old.Please Call Y members of Goose Ellington Field. An a' ing CO is expanding 8 Creek Lodge ell Eastern THE PROPOSED 20f0 (281)573.2828NOTE CO NOT CONST� doorsman,Pete enjoyed _ has openings for sales Stars,and Ladle:,are FREE TO GO NM: Pros w/outs(de 82B. invited. TUTE AN OBLIGATION fishing, golf, and any sales Experience 2 kittens-7wks old. TOWN, THE OF THE CITYEOF BAY- STATE OF males.very,Very Cute TEXAS,min 380-80K 1st yr Glenn W Aycock WM (28a), immediate income.TrigCAL OR ANY FOLIf6 28.7611 James E.Fu110n Sec CAL SUBDIVISION OF r> provided.Excellent 803 , 1131E THE STATE WHATSOEV- n- •i`.` FREE TO GOOD home. renewals Call John; i7 a. 21 9 week old Siam 832 439-3320 ER,AND ARE NOT TO BE f .,••.Qry�•m-'(, Kittens,Liner box Email:emplgy@nut corn 'IF YOU ARENkWTO REPAID FROM TAXES trained W321556•1499 THE AREA and OR OTHER PUBLIC are looking for a FUNDS. THE 2010 NOTE r13" FREE: neighborhood church, IS TO BE REPAID SOLE- 704 t,lcdiCid check the Saturday to a great Rome!7/mo. Y LY FROM PAYMENTS TO te,,. Rai Terser,male.Tn" Church Directory, BE MADE BY BAYTOM'Nr• i •' cRai Team.Sweet! ri- r.- r ' e It includes locators CHAISTIAN ACADEMY, . � _+1� (532)725.744g REHe81LIt4TfON fs and service scneaNes. INC.HEALtHCAHE Wa >"nel better way to , c 4011!•'. it - P)T BULL PUPPIES CENTER leer welcome in your The hearing will be held In 6lales•5100 Females 1=seeking to fill the new horns town? tie Courlpl Chamber of S125 Bloodline King IOIIOtkM9 posllfore Bua'Rar,Ort'd9e Fe. - , - .,. -•, Baytown City Has, 2401 ,. :- +• 'CN6'$ naWnL•l'taim• ,. ...r Market Street. Baytown, tt.;I:;Y,''. males Bloodline Colby y Y Texas,on Thursday.Jute Start Q811745.1 133 Certified Nurses (1;utr•t1.1.1'.:1.d1aa3 to,2010.doing the reg0- M r]L ri c AldeS•PAN " Om et.fi ubni.fatreita, Dv Mavis AI��JJ RAT TERRIER MALE W.i nr:c{totatd.Wltq 1•: C m, ,,,, o1 due y 1 6:30n in wlich s e a at 'nee t0 good Home.apx LVN',; L•+tiP��'•to Yfi m 1 fir old(261)578,5205. 'LrCon3CdVocatumdt Li yrn•nrT:.•.arson .- 6;30pm. f E 832 596-5229 -Nor;e;•PFIN %tutu..Ile Kt•.t:(5.y,th.r., Mavis Starling,85, er The C y Or Baytorn public a lovingwife, mother, ctal1l or f(11,)2�•sp21. raaiides are wheelchair as mother anialla t?ULt tiME INN sae and a sale mother and great grant ANOTHER IOPM•bAM (dy1 E passed awe tIP 805 j be.R spaces era avama- P y on Wednesd K.NESTER facial de. Requests for atom- 19, 2010, in Baytown c ESTATE SALE Come and be a part of FOUND;MED.YOUNG modaeons or 34:0mp;lny 11131 Claude fern dogLiver/ran paws inm` ,,46 husband by her side. Mz Sat.May 22,2010, p 581v Ce5 mun be made 48 8am-5pm above the teSt 6 muzzle,Hunters hours to this meesnp born March I, 1925, in 701(Maplewood& Please apply In Chase(23t)738.3009 Please ppniso AOA Cool- to Leonard Moss and person Gra wood s ) 2000 w 8akcr Rd. an rem ° 'a1 (281)a2oas22, Barrow Moss, POUND an item') TDD tine (28t)°22ppz4 BARCELONA CR. 718 8'°Iown.Tpa;iMavis lived in Baytov GIVING en item away? °r FAX f281)4 f". of her life, was the Sat.B•2.Ceramic Kiln, DME DRIVER FOR Your 4-line ad is further infP'Tneoon Oak comp/dcsk Medical Supply Ca, FREE FOR I WEEK) wThutch,&Much More!! Exp.preferred. Mulls- Leticia Garza 71 t7n�7 tampon1'E LN.3s21, task A dependable.Pay LOST:(2)LABS CityCletk John ��p}r,�7 in Mt.Belvieu Si awev DOE Apply at 2321 N. (1)Pk,male(1)Yell°w, J �hrl� l.�h(,�)