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Ordinance No. 8,784991209 -5 ORDINANCE NO. 8784 is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF PROPERTIES FROM COMMUNITIES FOUNDATION OF TEXAS FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM; DIRECTING THE CITY CLERK TO FILE SAID DEEDS WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF THE SUM OF TWO HUNDRED NINETY -NINE THOUSAND SEVEN HUNDRED SEVENTY -FOUR AND 17/100 DOLLARS ($299,774.17) FOR THE PURCHASE OF THE PROPERTY; 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, authorizes the purchase of certain properties from the Communities Foundation of Texas, the owner of the same, for the development of the Goose Creek Stream. A copy of the deeds transferring the properties are attached hereto as Exhibits "A," "B," and "C" and incorporated herein for all intents and purposes Section 2: That the City Clerk is hereby directed to file the deeds with the County Clerk of Harris County, Texas. Section 3: That the City Council of the City of Baytown hereby authorizes payment of TWO HUNDRED NINETY -NINE THOUSAND SEVEN HUNDRED SEVENTY -FOUR AND 17/100 DOLLARS ($299,774.17) to the Communities Foundation of Texas for the development of the Goose Creek Stream. 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 9th day of December, 1999. /J& C: PETE C. ALFARO, ayor h11vIMn EILEEN P. J + -V L, City Clerk APPROVED AS TO FORM: !1 ® ACIO RAMIREZ, SRL-C4 Attorney c: klh214 \Council\ Ordinances \Purch aseofPropertyfromCommunitiesFound ati onof'Fexas E v SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR COMMUNITIES FOUNDATION OF TEXAS, INC., a corporation located in Dallas County in the State of Texas, and owner of the below- described real property, for and in consideration of the sum of ONE HUNDRED FIFTY -EIGHT THOUSAND ONE HUNDRED NINETY -SIX AND 99/100 DOLLARS ($158,196.99) and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL, and CONVEY to Grantee CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas ( "Grantee "), whose address is 2401 Market Street, Baytown, Harris County, Texas, the property described in Exhibit "A," attached hereto and made a part hereof ( "Property "). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions stated above, to Grantee, its successors and assigns forever, and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Grantee and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property, subject to the provisions stated above, by, through, or under Grantor, but not otherwise. Executed this _ day of December, 1999. Special Warranty Deed, Page I GRANTOR: Communities Foundation of Texas, Inc. C EXHIBIT C Edward M. Fjordbak, President n LI, ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, , the undersigned notary public, on this day personally appeared Edward M. Fjordbak, the President of the Communities Foundation of Texas, Inc., known to me 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, in the capacity stated, and as the act and deed of Communities Foundation of Texas, Inc. Given under my hand and seal of office this _ day of December, 1999. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: COMMUNITIES FOUNDATION OF TEXAS, INC. EDWARD M. FJORDBAK, PRESIDENT 4605 LIVE OAK DALLAS, TX 75204 RETURN TO GRANTEE: CITY OF BAYTOWN ATTENTION: CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 ® &1 1h2141Lcga111 1ccds& Ca scmcn Lel Sp ccia lWarr anty Dccd .CommuniticsroundationolTcras Special Warranty Deed, Page 2 E THE STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of TWO tracts of land surveyed for the Communities Foundation_oi.Texas,..Inc, and situated in the William.Scott Upper League, Abstract No. 66, Farris County, Texas. These two tracts of land are out of and a part of a so- called 54 ,.12 acre tract of land conveyed'to Thomas L. Carter, Trustee, et al, by Carter Lumber Card by deed recorded in Volume 2644 at Page 14 of the Deed Records of Harris County, Texas, and are 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 BOU14DS DESCRIPTION. TRACT NO. 1 - 28.9817 ACRES BEGINNING at a 1/2 inch iron rod set for the Northwest corner of this tract of land and the most Western Southwest corner of the residue of a 20 acre tract of land described in Volume 126 at Page 264 of the Deed Records of Harris County, Texas, and in the East right of way line of State Highway Loop No. 201. From this corner a '1 1/2 inch iron pipe found for the Northwest corner of said 20 acre tract of land bears North 24 deg 47 min 00 sec East 50.25 ,feet. This BEGINNING corner has a State Plane Coordinate Value of Y - 713,668.80 and X = 3,271,470.12. THENCE South 59 deg 55 min 52 sec East with the North line of this tract and the most Northern South line of said 20 acre tract of land a distance of 960.00 feet to a 1/2 inch iron rod mound for an interior corner of this tract and an interior corner of said 20 acre tract of land. THENCE South 30 deg 59 min 48 sec West with the East line of this tract and the East line of said 20 acre tract of land a distance of 814.88 feet to a 1/2 inch iron rod set at a fence corner for the Southwest corner of said 20 acre tract and an interior corner of this tract of land. THENCE South. 6o deg 08 min 39 sec East with the North line*of this tract of land and the South line of said 20 acre tract of land a distance of 771.34 feet to a 1/2 inch iron rod found for the Southeast corner of this tract of land in the North right of way line of Market Street, 114 foot right of way, and a curve in said right of way to the left. Radial bearing from this corner is South 03 deg 21 min 44 sec East. EXHIBIT `.'A" E 506 -62 -0652 PAGE, NO. 2 - COMMUNITIES FOUNDATION TRACT iTO. 1 - 28.9817 ACRES THENCE in a Westerly direction with the South line of this tract and the curve to the left in the North right of way line of Market Street having a central angle of 24 -deg 41 mini 10-sac; a radius of 868.51 feet,..a length of 374.20 feet and a chords bearing and distance of South 69 deg 17 min 52 sec West 371.31 feet to a 1/2 inch iron rod found for a corner of this tract of land and the point of tangency of this curve. Radial bearing of South 3'3 deg 02 min 53 sec East. THENCE South 56 deg 57 min 07 sec West with the South line of this tract of land and the North right of way line of Market Street a distance of 92.55 feet to a 1/2 inch iron rod set for the South corner of this tract of land at the intersection of the North right of way line of Market Street with the Northeast right of way line of J. B. Le Fever Road Re- route, 100 foot right of way. THENCE North 33 deg 02 min. 53 sec West with the Southwest line of this tract and the Northeast right of way line of Le Fever re -route a distance of 11:74 feet to a 1/2 inch irn.n rod set for a corner of this tract and the point of curvature of a curve to the left. THENCE in a Northwesterly direction with the Southwest line of this tract and the Northeast right of way line cf Le Fever re -route and said curve to the left having a central angle'of 90 deg 00 min 00 sec, a radius of 316.26 feet, a length of 496.78 feet and a chord bearing and distance of North 78 deg 02 min 53 sec West 447.26 feet to a point for a corner of this tract of land and the point of tangency for this curve. From this corner a brass right of way monument bears South 38 deg 53 min 24 sec East 2.66 feet. THENCE South 56 deg 57 min 07 sec West with the Southwest line of this tract of land and the North right of way line of Le Fever re- route a distance of 51.98 feet to a point for a corner of this tract of land and the point of curvature of a curve to the right. From this corner a brass right of way monument bears South 37 deg 33 min 07 sec East 2.12 feet. Radial bearing of North 33 deg 02 min 53 sec West. THENCE in a Westerly direction with the South line of this tract and the North line of Le Fever re -route and said curve to the right having a central angle of 46 deg 03 min 00 sec, a radius of 212.20 feet, a length of 170.55 feet and a chord bearing and distance of South 79 deg 58 min 37 sec West 165.00 feet to a point for tangency of this curve. From this corner a broken right of way monument bears South 43 deg 37 min 30 sec Fast 2.24 feet. Radial bearing of North 13 deg 00 min 07 sec East. C PAGE PTO. 3 - COMMUNITIES FOU17DATION 28.9817 ACRE T_uACT THENCE North 76 deg 59 min 53 sec :rest wi`h the South line of this tract and the North right of way 'Line cf Le Fever re-reute a distance of.50.o0.feet to a point for the Southwast. corner of this tract of land at the intersection of the Vorth right of way line of Le Fever re -route 'and the East right of way line of Loot) 201, varying right of way width. THENCE North 25 deg 49 min 32 sec West Frith the West line of this tract and the East right of way line of Loop 201 a distance of 70.71 feet to a 1/2 inch iron rod set for a coiner of this tract of land and the South corner of a 114,604.62 square foot tract of land called TRACT 5 in a deed front the State Highway Cotmission to Quentin N. Bueltel, Trustee, recorded at County Clark's File Number E 055060 of the. official Public Records of Real Property of Harris County, .Texas. THENCE North 15 deg 00 nin 27 sac West with the West line of this tract, the West line of said TRACT 5 and the East right of way line of Loop 201 a distance of 552.11 feet to a brass right Cf way monument found for the beginning of a non- tangent curve to tha right. Radial bearing of North 74 deg 44 min 30 sec East. THENCE in a Northerly direction with the Was"-- line cf this tract, the West line of said TRACT 5 and the oast right of way lime of Loop 201 and said curve to the right having a central angle of 07 deg 43 min 03 sac, a radius of 1109.91 feet, a length of 149.50 feet and a chord bearing and distance cf North. 11 deg 23 min 59 sec West 149.39 feet to a point fnr a corner of this tract, the Northwest corner of TRACT 5 and a corner of the residue of a 24.174 acre tract of land conveyed to State Highwav Commission by Thomas L. Carter, et al, by deed dated January 25, 1962, and recorded in Volume 4691 at Page 365 of the Deed Records of Harris'Cctiznty, Texas. From this corner a broken right of way monument bears North ?3 deg 33 Min 07 sec West 1.79 feet. Radial bearing of North 82 deg 27 min 33 sec East. THENCE North 83 deg 19 min 33 sec East with a North line of this tract, the North line of said TRACT 5 and the South line of the residue of said 24.174 acre tract of Land a distance of 252.72 feet to a point for a corner of this tract, the Northeast corner of said TRACT 5 and the hnost Eastern Southeast corner of the residue of said 24.174 acre tract of and land the Southwest corner of a Ditch Easement conveyed to the State Highway Commission by Quentin N. Bueltel, Trustee by instrument dated July 31, 1973, and recorded at County Clerk's File dumber E 062963 of the official Public Records of Real Property of Harris County, Texas. From this corner a brass mcnument bears North 75 deg 51 mire 54 sec West 1.98 feet. � -� L_J - - - -- _ . _ _ _. _ . -.:FZ.. _- 506 -62 -0654 PAGE ITO. 4 - COrMITITIES FOUNDATION 28.9217 ACRES THENCE North 29 deg Q1 min 42 sec West with the East line of this tract, the East, line of the residue of said 24.174 acre tract of land and..the.West line of said Ditch Easement a distance of 118.94 feet to a 1/2 inch iron rod set for a corner of the tract and the Northwest corner of said.Ditch Easement and a corner of the residue of said 24.174 acre tract of land and the Southeast corner of a 37,802.85 square foot tract of land called TRACT 6 in a deed from the State Highway Commission to Quentin N. Bueltel, Trustee, recorded at County Clerk's File Number E 055060 of the Official Public Records of Real Property of Harris County, Texas. THENCE. South 83 deg 19 min 33 sec West with the South line this tract; the South line of said TRACT 6 and the North line of the residue of said 24.174 acre tract of land a distance of 203.69 feet to a point for a corner of this tract cf land, the Southwest corner of said TRACT 6 and a corner of the residue of said 24.174 acre tract of land. This corner is in a curve to the riaht in the East right of way line of Loop 201 and from this corner an iron rod in concrete bears North 28 deg 58 min 26 sec West 1.14 feet. Radial bearing of North.88 deg 08 min 36 sec East. THENCE in a Northerly direction with the West lire of this tract, the West line of TRACT 6 and the East right of way line of Loop 201 and said curve to the right having and central angle of 24 deg 03 min 42 sec West, a radius of 1109.91 feet, a length of 466.11 feet and a chord bearing and distanca of North 10 deg 10 min 27 sac East 462.70 feet to a brass disc in concrete found for a corner of this tract and the North corner of TRACT 6 and the beginning of a non - tangent curve to the right. Radial bearing of the back curve of South 67 deg 47 rein 42 sec East and a radial bearing of the forward curve of South 69 deg 50 nin 34 sec East. THENCE in a Northerly direction with the West line of this tract and the East right of way line of Loop 201 and said curve to the right having a central angle of 08 deg 13 min 28 sec, a radius of 358.10 feet, a length of 51.40 feet and a chord bearing and distance of North 24 deg 16 min 10 sec East 51.36 feet to a 2 inch iron pipe found for a corner of this tract of land and the end of this curve. Radial bearing of South 61 deg 37 min 06 sec East. THENCE North 24 deg 47 min 00 sec East with the West line of this tract and the East right of way line of Loop 201 a distance of 367.31 feet to the. PLACE OF BEGINNING, containing within said boundaries 28.9817 acres of land. SURVEYED: July 7, 10, and 11,-1995. Ll C7 U� .i...•__ - ...'17 PAGE NO. 5 - COMMUNITIES FOUNDATION 28.9817 ACRES SURVEYOR'S CERTIFICATE I, Robert L. Hall, Jr., Reg. Professional Land Surveyor No. 1610 do hereby certify that the foregoing field notes were prepared from a survey made ..on the ground on the date shown and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 13th., day of July, A.D., 1995. REG. PROFESSIO L LAND SURVEYOR NO. 1610 95- 0889.FDN C CJ THE STATE OF TEXAS) COUNTY OF HARRIS) . L.= 1 " SOo -6� -065 FIELD NOTES of a 0.9972 of an acre tract of land surveyed for the Communities Foundation of Texas, Inc, and situated in the William. Scott Upper League, Abstract No. 66, Harris County, Texas. These two tracts of land axe out of and a part of a so- called.54.12 acre tract of land conveyed to Thamas L. Carter, Trustee, et al, by Carter Lumber Yard by deed recorded in Volume 2644 at Page 14 of the Deed Records of Harris County, Texas, and are more particularly described by metes and bounds as follows, tc -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 found for the Southeast corner of this tract of land at the intersection of the Northwest right of way line of Market Street, 110 foot right of way, and the North right of way line of Le Fever Road formerly Lynchburg Road, 60 foot right of way. This corner has a.State Plane Coordinate Value of Y = 711,800.88 and X a 3,271,936.45. THENCE North 76 deg 49 min 30 sec West with the South line of this tract and the North right of way line of Le Fever Road a distance of 315.83 feet to a 1/2 inch iron rod found for the West corner of this tract of land at the intersection of the North right of way line of Le Fever Road with the Southeast right of *gay line of the re- -route of Le Fever Road, 100 foot right of way. THENCE North 56 deg 58 min 17 sec East with the Northwest line of this tract of and land the Southeast right of way line of Le Fever re -route a distance of 127.54 feet to a point for a corner of this tract of land and the point of curvature of a curve to the right. From this corner a 1/2 inch iron rod found bears North '61 deg 01 min 32 sec East 0.52 feet. THENCE in a Easterly direction with the North line of this tract and the South right of way line of Le Fever re -route and said curve to the right having a central angle of 90 deg 00 min 00 sec, a radius of 216.26 feet, a length of 339.70 feet and a chord bearing and distance of South 78 deg 02 min 53 sec East 305.84 feet to a 1/2 inch iron rod set for a corner of this tract of land.and the point of tangency for said curve. 11 E 506 -62 -0657 PAGE NO. 2 COMMUNITIES FOUNDATION 0.9972 ACRES THENCE South 33. deg 02. min 53 sec East with the Northeast line of this tract and the Southwest.right of way line of Le Fever re -route a distance of 11.74 feet to a point for the East corner of this. tract of land at the intersection of the Northwest right of way line of Market Street and the Southwest right of way line of Le Fever re- route. From this corner a 1/2 inch iron rod bears South 89 deg 23 min 40 sec East 0.34 feet. THENCE South 56 deg 57 min 06 sec West with the Southeast line of this tract and the Northwest right of way line of Market Street a distance of 125.29 feet to the PLACE OF BEGINNING, containing within said boundaries 0.9972 of an acre of land. SURVEYED: July 7, 10, and 11, 1995. SURVEYOR'S CERTIFICATE I, Rabert.L. Hall, Jr., Reg. Professional Land Surveyor No. 1610 do hereby certify that the foregoing field notes were prepared from a survey made on the ground on the date shown and that all lines, boundaries and landmarks are accurately described therein.. WITNESS my hand and seal at Baytown, Texas, this the 13th., day of July, .D., 1995. REG. PROFESSIONAL LAND SURVEYOR NO. 1610 95- 0889.FDN OF ROBERT L.HALL; ... igo MY ona"gr , 9 4r,7 rH"I�ATtM�fM Nf nE Ct ►v v�•s u awl 04 lLscoa -ED , an n ar E") M a`e r3 0 Am a�iC Y a DEC 2 8 1995 APRfS COCRJ?y C7 0 SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR COMMUNITIES FOUNDATION OF TEXAS, INC., a corporation located in Dallas County in the State of Texas, and owner of the below- described real property, for and in consideration of the sum of ONE HUNDRED FOUR THOUSAND SIX HUNDRED NINETY AND 22/100 DOLLARS ($104,690.22) and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL, and CONVEY to Grantee CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas ( "Grantee "), whose address is 2401 Market Street, Baytown, Harris County, Texas, the property described in Exhibit "A," attached hereto and made a part hereof ( "Property "). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions stated above, to Grantee, its successors and assigns forever, and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Grantee and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property, subject to the provisions stated above, by, through, or under Grantor, but not otherwise. Executed this Special Warranty Deed, Page 1 day of December, 1999. GRANTOR: Communities Foundation of Texas, Inc. C Edward M. Fjordbak, President El L v ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, , the undersigned notary public, on this day personally appeared Edward M. Fjordbak, the President of the Communities Foundation of Texas, Inc., known to me 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, in the capacity stated, and as the act and deed of Communities Foundation of Texas, Inc. Given under my hand and seal of office this day of December, 1999. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: COMMUNITIES FOUNDATION OF TEXAS, INC. EDWARD M. FJORDBAK, PRESIDENT 4605 LIVE OAK DALLAS, TX 75204 RETURN TO GRANTEE: CITY OF BAYTOWN ATTENTION: CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 d: k1h2l4 \Lcgal \Dccds &Eascmcnts \Spceial WarrantyDccd .CommuniticsFoundationoffcxas Special Warranty Deed, Page 2 TRACT TWO STATE OF TEXAS) COUNTY OF HARRIS) DESCRIPTION of a 2.018 acre tract of land situated in the William Scott Upper League, Abstract Number 66, Harris County, Texas, and being that same 3.732 acre tract of land conveyed to Joe M. Beene, Jr., by Opal I. Moseley, et vir, by deed dated December 9, 1996, and recorded County Clerk's File Number S 245541 of the Official Public Records of Real Property of Harris County, Texas. This 2.018 acre tract of land is more particularly described by metes and bounds as follows, to -wit: BEGINNING at a point for the West corner of this tract of land, in the Southeast right of way of Market Street, 115 foot wide right of way, and point of curvature of a tangent curve to the right, concave Southeast. THENCE in a Northeasterly direction with the Northwest line of this tract of land, the Southeast right of way of Market Street, and said curve having a radius of 768.52 feet, a central angle of 44° 1610 ", in all a total arc length of 593.79 feet, and a chord bearing and distance of North 79005'12" East 579.13 feet to a point for the East corner of this tract of land, and the point of intersection of the Southeast right of way of Market Street and the Northwest bank of Goose Creek. THENCE in a Southerly direction with the Southeast line of this tract of land, and the Northwest bank of Goose Creek the following meanders: South 15'44'46" West, 5.46 feet; South 40 °24'05" West, 17.12 feet; South 51 °51'18" West, 22.24 feet; South 64 °43'59" West, 19.67 feet; South 88 °08'03" West, 102.10 feet; South 84 °32'52" West, 53.28 feet; North 77 °49'29" West, 37.83 feet; South 42 °46'19" West, 45.18 feet; South 16 °09'35" West, 86.25 feet; South 05 °59'38" West, 28.73 feet; South 00 °02'28" East, 25.34 feet; South 05 °31'08" West, 21.70 feet; South 17 °36'03" West, 48.05 feet; South 25 °26'00" West, 20.01 feet; South 42° 19'41" West, 20.26 feet; South 54° 13'42" West, 78.19 feet; South 36 °29'33" West, 18.25 feet to a point for the South corner of this tract of land, and the point of intersection of the Northwest bank of Goose Creek and the Northeast right of way of the .Southern Pacific Railroad, 100 foot wide right of way. THENCE North 76 °53'01" West with the Southwest line of this tract of land, and the Northeast right of way of the Southern Pacific Railroad a distance of 174.00 feet to the POINT OF BEGINNING, containing within said boundaries 2.018 acres of land. 1501.FDN EXHIBIT "A" C C7 ® SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR COMMUNITIES FOUNDATION OF TEXAS, INC.; a corporation located in Dallas County in the State of Texas, and owner of the below - described real property, for and in consideration of the sum of THIRTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -SIX AND 96/100 DOLLARS ($36,886.96) and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL, and CONVEY to Grantee CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas ( "Grantee "), whose address is 2401 Market Street, Baytown, Harris County, Texas, the property described in Exhibit "A," attached hereto and made a part hereof ( "Property ") TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions stated above, to Grantee, its successors and assigns forever, and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Grantee and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property, subject to the provisions stated above, by, through, or under Grantor, but not otherwise. Executed this _ day of December, 1999. GRANTOR: Communities Foundation of Texas, Inc. By: Edward M. Fjordbak, President • EXHIBIT A Special Warranty Deed, Page 1 11 L ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, , the undersigned notary public, on this day personally appeared Edward M. Fjordbak, the President of the Communities Foundation of Texas, Inc., known to me 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, in the capacity stated, and as the act and deed of Communities Foundation of Texas, Inc. Given under my hand and seal of office this _ day of December, 1999. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: COMMUNITIES FOUNDATION OF TEXAS, INC. EDWARD M. FJORDBAK, PRESIDENT 4605 LIVE OAK DALLAS, TX 75204 RETURN TO GRANTEE: CITY OF BAYTOWN ATTENTION: CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 0 d:kIh21411-ega1\ Dads& Eaaemcntsl SpecialWarrantyDecd .Comnwnitiesi7oundationofrcxas Special Warranty Deed, Page 2 C El TRACT I STATE OF TEXAS) COUNTY OF HARRIS) 517--76-2779 FIELD NOTES of a 5.242 acre tract of land situated in the William Scott Upper League,- Abstract Number 66, Harris Ccunty,-and being that same called 5.233 acre tract of land called Tract 4 and conveyed to United Methodist Foundation, Texas Annual Conference by Hallie Wright in Deed of Assignment dated March 25, 1991, and recorded at County Clerk's File Number N 091770 of the Official Public Records of Real Prnperty of Harris County. This 5.242 acre tract of land is 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 21.071 Or T.iE NATUIRAL RESOURCES CODE OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCCXRP _HYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a bent 1/2 inch iron rod found for the South corner of this tract of land, the East corner of a 28.9817 acre tract of land called Tract 1 and conveyed to Communities Foundation of Texas, Inc., by William D. Morrow in deed dated .7uly 26, 1995, and recorded at County Clerk's File Number R 725750 of the Official Public Records of Real Property of jarris County, and in a curve in the North right of way line of Market Street 110 foot wide right of way. This BEG_INNLNG corner has a State Plane Coordinate Value of Y = 712,105.46 and X = 3,272,550.13. THENCE North 60' 08' 39" West with the Sout'rwsst line of this tract of lard, and the Northeas= line cf said 28.9817 acre tract of land a distance of 771.34 feet to a 1/2 inch iron: rod found in concrete for the West corner of this tract of land, and an interior corner of said 28.9817 acre tract. THENCE North 30' 59' 48" East with the Northwest line of this tract of land, and the Southeast line of said 28.9817 acre tract of land a distance of 260.82 feet to a 1/2 inch iron rod set for the Northwest corner of this tract of lard, the Southeast corner of a 1.607.5 acre easement conveyed to the State of Texas by Quentin N. Bueltel, Trustee, in deed dated July 31, 1973, and recorded at County Clerk's File Number E 062963 of the Official Public Records of Real property of Harris County, the Southwest corner cf the residue of a tract_ of land conveyed tc Amelia Z. West in deed dated December 28, 1893, and recorded in Volume 111 at Page 69 of the Deed Records of Harris County, and the Southwest corner of a 2.056 acre tract of land called Drainage Tract (surveyed this day). EXHIBIT "A" Page -1 n E, 517 --76- -2750 PAGE-NO. 2 - TRACT 1 - 5.2-42 ACRES THENCE in an Easterly direction with the North line of this tract of land, the-South line of said West tract, and the South line of said Drainage Tract the following courses and curves: South 77' 20' 28" East 31.59 feet; Curve to the right, concave South, having a central angle of 33° 20-' 0011, a radius of 200.00 feet, an.arc length of 116.36 feet, and a chord bearing and distance of South 60' 40' 2611 East 114.72 feet; South 44' 001 2711 East 187.58 feet; Curve to the left, concave North, having a central angle of 48' 301 0011, a radius of 200.00 feet, an arc length of 169.30 feet, and a chord beating and distance of Sout,. 68. 15' 28" East 164.29 Peet; North 87' 291 33" East 265.24 feet; South 80. 15' 2711 East 18.60 faet to a point for the Northeast corner of this tract of land, and the Southeast corner of said Drainage Tract in the West bank of Goose Creek. THENCE in a Southerly direction with the East line of this tract of land and the West bank of Goose Creek the following courses: South 51. 48' 23" West 26.13 South 09' 53' 23" East 72.68 South 15' 10' 59" Weszi 205.47 South 79' 30' 06" East 157.75 South 20' 36' 31" East 48.6E rod set for the Southeast corner of this in the North right of way lire of Market feet; feet; meet; feet; feet to a. 1/2 inch iron tract of land in a -curve Street. THENCE in a Northwesterly direction with'the South lire of this tract of land, the North right of way of Market Street, and said curve to the left, concave Scuth, having a central angle of 18' 04' 2611, a radius of 868.51 feat, an arc length of 273.97 feet, and a chord bearing and distance of North 39. 19, 31" West 272.83 feet to the PLACE of BEGINNING containing within said boundaries 5.242 acres of land. SURVEYED: DECEMBER, 1997. EXHIBIT "A" Page -2- E Ell 517-76-2M PAGE NO. 3 - TRACT 1 _ 5.242 ACRES •SURVEYOR'S CERTIFICATE I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610, do hereby - certify that-the foregoing field notes were prepared from an actual survey made on the grcund cn the dated shown and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 10th., day of December, A.D., 1997. REG. PROFESSIONAL L�:vD SM.�VEYOR NO. 1610 97- 1366.FDN ..:.............: ....A .•510 ..: 0 SU•�v�o -'' EXHIBIT "A "' Page -3- . C I] E ....., ­. .. . l r ­1 IL's I . J - ; _.1r 1... .1. TRACT 2 STATE OF TEXAS) COUNTY OF FARRIS ) 517 -T 27 ?L_ FIELD NOTES of a 9.693 acre tract of land situated in the Willian Scott Upper League,-- Abstract Nuiaber 66, Harris'County, and being that same called 9.615 acre tract of lard called Tract 3 and conveyed to United Methodist Foundation, Texas Annual Conference by Hallie Wright in Deed of Assignment dated :March 25, 1991, and recorded at County Clerk's File Number N 091770 of the Official Public Records of Real Property of Harris County. This 9.693 acre tract of land is mare 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 21.071 OF THE NATURAL RESOURCES CODE OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL CISTANCES. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS KETES AND BOUNDS DESCRIPTION. BEGINNING at a 1/2 inch iron rod found for the most Nort:lerly West corner of this tract of land, the North comer of a 28.9817 acre tract of land called Tract i and conveyed io Cc-mmunities Foundation of Texas, Inc., by William D. Morrow in deed dated July 26, 1995, and recorded at County Clerk's File Number R 725750 of the official Public Records of Real Property of Harris County, and in the East right of way lire of State Highway Number 146, right of width varies. This BEGINNING corner has a State Plane Coordinate Value of Y = 713,668.8C and X = 3,271,470.12. THENCE North 24' 47' 00" East with the Northwest line cf this tract of land, and the Southeast line of Highway 146 a distance of 50.21 feet to a 1 1/2 inch iron pipe found for the North corner of this tract of lard, and the West corner of a tract cf lard conveyed to Mount Calvary Missionary Baptist Church by Mcunt Calvary Baptist Church in deed dated March 8, 1979, and recorded at County Clerk's File Number G 045377 of the Official Public Records of Real Property of Harris County. THENCE South 60' 041 31" East with the Northeast line of this tract of land, the Southwest line of said Chrrch tract, and the Southwest line or the Replat of Central Heights Section. 2 as per recorded map in Volume 54 at Page 17 of the Map Records of Harris Countv a distance of 1208.94 feet to a 1/2 inch iron set for'an angle point in the Northeast line of this tract, tre East corner of Central, Heights, and the West corner of a 20 fact drainage easement being the residue of a 10.22 acre tract of land conveyed to W. F. Bays by Hance Baker in deed dated Octcber 25, 1928, and recorded in Volume 772 at Page 477 of the Deed Records of Harris County. From this corner a 1/2 inch iron pipe found bears South 53' 20' 35" East a distance of 2.08 feet. EXHIBIT "A" Page -4- C PAGE NO. 2 - TRACT 2 - 9.691 ACRES THENCE. South 60' 12' 26" East with the Northeast line of this tract of land, and the Southwest line of said residue of 10..22 acres, at 550.41 feet set a 1/2 inch-iron rod in line, in all a total distance of.575.41 feet to a point for the East corner of this tract of land, and the South corner of said residue of 10.22 acres in the West bank of Goose Creek. THENCE in a Southerly direction with the Southeast line of this tract of land and the West bank of Goose Creek the following courses: South 28' 29' 40" West 26.03 feet; South 44' 30' 40" East 105.13 feet; South 26. 49' 18" West 85.50 feet; South 42' 14' 18" West 130.08 feet to a point for the Southeast corner of this tract of land, in the North line of the residue of a tract of land conveyed to Anelia Z. West in deed dated December 28, 1898, and recorded in Volume 111 at Page 69 of the Dead Records of Harris County, and the Northeast corner of a 2.056 acre tract.cf land called Drainage Tract (surveyed this day) . THENCE in a Westerly direction with the South line of this tract of land, the North line of said West tract, and the North line of said Drainage Tract the following courses and curves: North North 8J° 15' 27" West 126.47 feet; South 87' 29' -33" West 277.05 feet; Curve to the right, concave North, having a central angle of 48' 30' 0011, a radius of 90.00 feet, an arc length of 76.18 feet, and a chord bearing and distance of North 68' 15' 27" West 73.92 feet; North 44' 00' 27" West 187.58 feet; Curve to the left, concave South, having a central angle of 32' 26' 05 11, a radius of 310.00 feet; an arc length of 175.49 feet, and a chord bearing and distance of North 60' 13' 30" West 173.16 feet to a 1/2 inch iron rod set for the most Southeren West corner of this tract of land, the Northwest corner of said West tract, the Northwest corner of said Drainage Tract, the Northeast corner of a 1.6075 acre easement conveyed to the State of Texas by Quentin N. Bueltel, Trustee, in deed dated July 31, 1973, and recorded at County Clerk's File Number E 062963 of the Official Public Records of Real Property of Harris County, and in the Southeast line of a 28.9817 acre tract of land called Tract 1 and conveyed to Communities Foundation of Texas, Inc., by William D. Morrow in deed dated July 26, 1995, and recorded at County Clerk's File Number R 723730 of the Official Public Records of Real Property of Harris. EXHIBIT "A" Page -5- C J 517-T&-2784 PAGE E NO . 3 - TRACT 1 - 9.693 ACRES THENCE North 30 • 59' 4811 East with the Ncrthwest line of this tract of land, and the Southeast line of said 28.9817 acre tract of land a distance of 438.21 feet to a 1/2 -inch i.rcr_ rod found for an interior corner of this tract of land, and the East corner of said 28.9817 acre tract. THENCE North 59, 55' 52" West with the most Ncrtrerly Southwest line of this tract of land, and the Noreheact line of said 28.9817 acre tract a distance of 960.00 feet to the PLACE OF BEGIMNG containing within' said boundaries 9.693 acres of lard. SURVEYED: DE'CFYIBER, 1997. SURI'EYOR I S CERTIFICATE I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610, do hereby certify that the foregoing field notes were prepared frora an actual survey made on the ground on the dated shcwn and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the '40th., day of December, A.D., 1997. rl2ti,r, �. REG. PROFESSIONAL LAVD SU;VEYOR NO. 1610 97- -1366. FDN :.............:... • R4 i L. k AU_ JR, 810 �� rESb�� •'�O� +w� YLWIf m�1011 ■ WAS ro mew"At wu MWK w ��oMSMM nlO�+r+i r�. FIGED b1 f7� Nt1'tNe d as OA std r W *M II ovo Moran Vj fm Md r+ big RLOOA M, h fw Mdj tibk . gWAF* of SW Pgwq d rwt� CAM Saw t• . RMrjt4 1* \ COMMERCE LANOTMX 5223 0AF JTH RD EXHIBIT "A`" Page -6-