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Ordinance No. 7,416950928 -4 ORDINANCE NO. 74f6 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF AGREEMENT AND UNDERSTANDING BETWEEN THE TEXAS AGRICULTURAL EXTENSION SERVICE AND THE TEXAS A &M UNIVERSITY SYSTEM AND THE CITY OF BAYTOWN TO DEVELOP A PARKS, RECREATION, AND OPEN SPACE MASTER PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TEN THOUSAND FIVE HUNDRED SIXTY AND NO 1100 DOLLARS ($10,560.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a Memorandum of Agreement and Understanding Between the Texas Agricultural Extension Service and the Texas A &M University System and the City of Baytown to develop a Parks, Recreation, and Open Space Master Plan. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Texas A &M University of the sum of TEN THOUSAND FIVE HUNDRED SIXTY AND N01100 DOLLARS ($10,560.00) pursuant to the Agreement. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND N01100 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five (2596) or decreased by more than twenty -five (25 %) percent without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28th day of September, 1995. is PETE C. ALFARO, Mayor THENCE S 8 deg 10 min 50 sec E, a distance of 450 feet to a point for corner; THENCE S 80 deg 12 min 40 sec E, a distance of 367.95 feet, more or less, to the POINT OF BEGINNING, and containing 4.072 acres of land, more or less. b: zone. fn EXHIBIT "A" Page 8 of 8 SUBJECT PROPERTY TRACT NO. z - 192.9755 ACRES A 192.9755 acre tract of land out of the William Scott Lower League, Abstract No. 65, Harris County Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B. W. Armstrong, et al, by deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas; such 192.9755 acre tract of land being more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE`STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a 1/2 inch iron rod set for the East corner of this tract of land at the intersection of the Northwest right of way line of Evergreen Road, 60 foot right of way, and the West right of way line of Tri City Beach Road, 80 foot right of way. This corner has a State Plane Coordinate Value of Y = 704,759.64 and X = 3,284,462.24. THENCE South 48 deg 04 min 31 sec West with the Southeast line of this tract and the Northwest right of way line of Evergreen Road a distance of 848.77 feet to a 1/2 inch iron set for a corner of this tract and the East corner of a 27.7906 acre tract of land surveyed this day; EXHIBIT "B" • Page 1 of 7 THENCE in a Northwesterly and Southwesterly direction with the Southeast line of this tract and the Northwest line of said 27.7906 acre tract of land the following courses and distances: North 41 deg 55 min 29 sec West 201.80 feet to 1/2 inch iron rod; North 48 deg 04 min 31 sec East 120.00 feet to 1/2 inch iron rod; North 41 deg 55 min 29 sec West 286.29 feet to 1/2 inch iron rod; North 84 deg 16 min 36 sec West 462.80 feet to 1/2 inch iron rod; North 75 deg 27 min 28 sec West 285.17 feet to 1/2 inch iron rod; South 37 deg 19 min 05 sec West 281.60 feet to 1/2 inch iron rod; South 42 deg 43 min 37 sec west 685.70 feet to 1/2 inch iron rod; South 11 deg 49 min 04 sec West 856.72 feet to 1/2 inch iron rod; and South 81 deg 35 min 42 sec East 121.66 feet to 1/2 inch iron rod set for a corner of this tract and the most Southern South corner of said 27.7906 acre tract on a nontangent curve to the left concave Northeast; THENCE with the Southeast line of this tract and the Northwest line of said 27.7906 acre tract of land and said curve to the left having a central angle of 50 deg 21 min 20 sec, a radius of 231.79 feet, a length of 203.71 feet and a chord bearing and distance of South 16 deg 44 min 49 sec East 197.22 feet to a 1/2 inch iron rod for the point of tangency of this curve and a corner of this tract and a corner of said 27.7906 acre tract of land; EXHIBIT "B" • Page 2 of 7 • THENCE South 41 deg 55 min 29 sec this tract and the Northwest line land a distance of 172.54 feet to corner of this tract -and a corner land in the Northwest right of way East with the Southeast line of of said 27.7906 acre tract of a 1/2 inch iron rod set for a of said 27.7906 acre tract of line of Evergreen Road; THENCE South 48 deg 04 min 31 sec West with the Southeast line of this tract and the Northwest right of way line of Evergreen Road a distance of 1604.55 feet to a 1/2 iron rod set for the South corner of this tract of land; THENCE North 41 deg 46 min 15 sec West with the Southwest line of this tract of land a distance of 387.84 feet to a 5/8 inch iron rod set for the Southwest corner of this tract of land; THENCE in a Northwesterly direction with the West line of this tract of land the following courses and distances: North 28 deg 22 min 50 sec East 857.91 feet a 3/4 inch iron rod; North 03 deg 03 min 30 sec East 360.18 feet a 3/4 inch iron rod; North 08 deg 25 min 45 sec West 780.82 feet a 5/8 inch iron rod; North 12 deg 12 min 35 sec East 598.86 feet a 5/8 inch iron rod; North 55 deg 20 min 10 sec East 924.01 feet a 5/8 inch iron rod; North 30 deg 58 min 10 sec West 577.16 feet a 5/8 inch iron rod; North 14 deg 37 min 06 sec East 799.25 feet a 5/8 inch iron rod; and EXHIBIT "B" Page 3 of 7 • North 04 deg 17 min 47 sec West 832.62 feet a 3/4 inch iron rod set for the Northwest corner of this tract of land in the South line of the Missouri Pacific Railroad Company 100 foot right-of-way being a tract of land containing 11.56848 acres called Parcel No. 2 in a deed from Ashbel Smith Land Company to Missouri Pacific Railroad Company dated January 9, 1967, and recorded at County Clerk's File Number C443456 of the Official Public Records of Real Property of Harris County, Texas; THENCE South 87 deg 58 min 50 sec East with the North line of this tract and the South line of the Railroad right of way a distance of 2199.80 feet to a 3/4 inch iron rod set for the Northeast corner of this tract of land in the West right of way line of Tri City Beach Road; THENCE South 08 deg 13 min 35 sec East with the East line of this tract and the West right of way line of Tri City Beach Road a distance of 1694.41 feet to an iron rod found for the Southeast corner of this tract of land and the Northeast corner of a 4.0727 acre tract of land conveyed to Houston Lighting and Power Company by Ashbel Smith Land Company by deed dated April 27, 196i, and recorded in volume 6770 at Page 168 of the Deed Records of Harris County, Texas; THENCE South 81 deg 49 min 10 sec West with the South line of this tract and the North line of said 4.0727 acre tract of land a distance of 350.00 feet to an iron rod found for an interior corner of this tract of land and the Northwest corner of said 4.0727 acre tract of land; THENCE South 08 deg 10 min 50 sec East with the East line of this tract and the West line of said 4.0727 acre tract of land a distance of 450.00 feet to an iron rod found for an interior corner of this tract of land and the Southwest corner of said 4.0727 acre tract of land in the North line of a Houston Lighting and Power Company Easement described as Second Tract in an instrument recorded in volume 7720 at Page 236 of the Deed Records of Harris County, Texas; EXHIBIT "B" • Page 4 of 7 THENCE South 80 deg 12 min 40 sec East with the North line of this tract, the North line of said Easement and the South line of said 4.0727 acre tract of land a distance of 367.95 feet to a 1/2 inch iron rod found for a corner of this tract of land and the Southeast corner of said 4.0727 acre tract of land in the West right of way line of Tri City Beach Road; and THENCE South 08 deg 10 min 50 sec East with the East line of this tract of land and the West right of way line of Tri City Beach Road a distance of 94.35 feet to the PLACE OF BEGINNING, containing within said boundaries 192.9755 acres of land. TRACT NO. II - 12.7608 ACRES A 12.7608 acre tract of land out of the William Scott Lower League, Abstract No. 65, Harris County Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B. W. Armstrong, et al, by deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas; such 12.7608 acre tract of land being more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 1/2 inch iron rod set for the East corner of a 192.9755 acre tract of land surveyed this day at the intersection of the Northwest right of way line of Evergreen Road, 60 foot right of way, and the West right of way line of Tri City Beach Road, 80 foot right of way. This corner has a State Plane Coordinate Value of Y = 704,759.64 and X = 3,284,462.24. EXHIBIT "B" 49 Page 5 of ' THENCE South 48 deg 04 min`31 sec West with the Southeast line of said 192.9755 tract and 'the Northwest right of way line of Evergreen Road, at 848.77 !feet to a 1/2 inch set for a corner of said 192.9755 acre tract and the East corner of a 27.7906 acre tract of land surveyed this day, in all a total distance of 908.77 feet to a 1/2 inch iron rod set for the East corner of this tract of land and a South corner of said 27.7906 acre and the POINT OF BEGINNING of this tract of land. This corner has a State Plane Coordinate Value of Y = 704,152.51 and X = 3,283,786.16; THENCE South 48 deg 04 min 31 sec West with the Southeast line of this tract of land and the Northwest right of way line of Evergreen Road a distance of 1885.75 feet to a 1/2 inch iron rod set for the South corner of this tract of land and an East corner of said 27.7906 acre tract of land; THENCE North 41 deg 55 mini29 sec West with the Southwest line of this tract and the Northeast line of said 27.7906 acre tract of land a distance of 172.54 feet to a 1/2 inch iron rod set for a corner of this tract of land and the point of curvature of a curve to the right concave Northeast; THENCE in a Northwesterly direction with the Southwest line of this tract and the Northeast line of said 27.7906 acre tract of land and said curve to the right having a central angle of 53 deg 44 min 33 sec, a radius of 171.79 feet, a length of 161.13 feet and a chord bearing and distance of North 15 deg 03 min 13 sec West 155.29 feet to a 1/2 inch iron rod set for a corner of this tract, a corner of said 27.7906 acre tract and the point of tangency of said curve; THENCE North 11 deg 49 min 21 sec East with the Southwest line of this tract of land and the- Northeast line of said 27.7906 acre tract of land a distance ofi1.2.03 feet to a 1/2 inch iron rod set for the West corner of this tract of land and a corner of said 27.7906 acre tract of land; THENCE North 45 deg 14 min 45 sec East with the Northwest line of this tract and the Southeast line of said 27.7906 acre tract of land a distance of 938.42 feet to a 1/2 inch iron rod set for a corner of this tract of land and a corner of said 27.7906 acre tract of land; EXHIBIT "B" Page 6 of 7 • THENCE North 63 deg 17 min 50 this tract and the Southeast land a distance of 900.16 feet North corner of this tract of acre tract of land; and sec East with the Northwest line of line of said 27.7906 acre tract of to a 1/2 inch iron rod set for the land and a corner of said 27.7906 THENCE South 41 deg 55 min 29 sec East with the Northeast line of this tract and a Southwest line of said 27.7906 acre tract of land a distance of 128.16 feet to the PLACE OF BEGINNING, containing within said boundaries 12.7608 acres of land. b: zone. fn EXHIBIT "B" Page 7 of 7