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(,�)