Ordinance No. 9,5921 • 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEED WITHOUT
WARRANTY TO CONVEY APPROXIMATELY 3.022 ACRES OF LAND TO THE
HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE GOOSE CREEK DRAINAGE
IMPROVEMENT PROJECT UPON RECEIPT OF ELEVEN THOUSAND ONE HUNDRED
SEVENTY -SIX AND NO 1100 DOLLARS ($11,176.00) FROM THE HARRIS COUNTY
FLOOD CONTROL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, Harris County Flood Control District, desires to purchase a portion of a 40.87 -acre tract of
land owned by the City for the Goose Creek Drainage Improvement Project; and
WHEREAS, consistent with state law, the ordinances of the City of Baytown generally require the
division of property into two or more parts to be platted in accordance with Chapter 126 of the Code of
Ordinances, Baytown, Texas; and
WHEREAS, Harris County Flood Control District has the power of eminent domain and can take the
property pursuant to state constitution and associated statutes, without having to file a plat; and
WHEREAS, the City Council believes that it is in the best interest of the citizens of Baytown and Harris
County to waive the platting requirement established in Chapter 126 of the Code of Ordinances, Baytown,
Texas; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals above are found to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby waives all requirements
contained in Chapter 126 of the Code of Ordinances, Baytown, Texas, to plat the division of the 40.87 tract of
land for sale to the Hams County Flood Control District.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
Mayor to execute a deed without warranty, conveying approximately 3.022 acres of land to the Harris County
Flood Control District for the Goose Creek Drainage Improvement Project upon receipt of ELEVEN
THOUSAND ONE HUNDRED SEVENTY -SIX AND NO /100 DOLLARS ($11,176.00) from the Harris
County Flood Control District. A copy of said deed is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
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 I O'h day of July, 2003.
PETE C. ALFARO, M40yor
ATTEST:
GAR W. .1TH, City Clerk
• APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
F:1KarenViles\City CounciROrdinances�Sa [Property2HCFCD.doc
• DEED WITHOUT WARRANTY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT, the City of Baytown, a municipal corporation located in Harris and Chambers
Counties, Texas, hereinafter known as GRANTOR, for and in consideration of the sum of
ELEVEN THOUSAND ONE HUNDRED SEVENTY -SIX AND NO 1100 DOLLARS
($11,176.00) paid by the HARRIS COUNTY FLOOD CONTROL DISTRICT, a political
subdivision of the State of Texas, hereinafter known as the GRANTEE, the receipt and
sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these
presents does grant, sell and convey unto the GRANTEE, its successors and assigns, the
following described property situated in Harris County, Texas: [Unit 0100- 00- 00 -E001, Tract
09- 004.0]
Being a 3.0287 acre (131,931 square feet) tract of land situated in the G. C. &
S. F. Railroad Survey, Abstract No. 1017, also being a part of Lot 130, Unit
"D" of the Elena Fruit and Cotton Farms subdivision, City of Baytown,
Harris County, Texas, together with any improvements located thereon and
any and all appurtenances belonging or appertaining thereto, and being
more particularly described by metes and bounds attached hereto,
hereinafter referred to as the "Property."
GRANTOR excludes and excepts any warranties, express or implied, regarding the
above - described property, including, without limitation, any warranties arising by common law
or Section 5.023 of the Property Code or its successor.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT this conveyance is also
subject to the following restrictions and covenants, which shall be binding upon any subsequent
owner of the Property:
1. The Property is being sold and conveyed "As Is," "Where Is" and "With All
• Faults."
E=ff AL
• 2. GRANTEE assumes the risk that environmental conditions may exist on the
Property and hereby releases GRANTOR, its predecessors, successors and assigns
from any and all damages, losses, costs, claims, actions, proceedings, obligations,
fines, expenses or liabilities (whether absolute, accrued, conditional or otherwise),
including, but not limited to, out -of- pocket expenses and reasonable attorneys'
and accountants' fees and expenses which might arise out of or in connection with
the physical or environmental condition of the Property. As used herein, the term
"environmental condition" shall mean any condition, fact, event or circumstance
in any way related to the presence of chemicals, contaminants or pollutants of any
description on or near the Property, or on, under or upon to the soil, ground water,
surface water of the Property which could or does result in any losses, including,
without limitation, any such condition resulting from the past, present or future
operations conducted on the Property.
3. This conveyance is made by GRANTOR and accepted by the GRANTEE subject
to all valid and subsisting encumbrances, conditions, covenants, restrictions,
reservations, exceptions, rights -of -way and easements appearing of record in the
Official Public Records of Real Property of Harris County, Texas, relative to the
above described property.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that GRANTOR reserves and
excepts from this conveyance, for GRANTOR and GRANTOR'S successors and assigns all oil,
gas and other minerals on, in and under all of the land described in this deed, together with the
right of ingress and egress for the purpose of exploring for, drilling for, producing, and
marketing oil, gas and other minerals.
TO HAVE AND TO HOLD the above described Property, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said Property, subject to the
provisions stated above, to GRANTEE forever, without warranty of any kind.
EXECUTED this day of )2003.
GRANTOR: City of Baytown
BY:
•
Pete C. Alfaro, Mayor
2
GRANTEE: Harris County Flood Control District
BY:
Signature
Printed Name
Title
Grantor's Address:
2401 Market Street
Baytown, Texas 77520
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 2003 by Pete C. Alfaro,
Mayor of the City of Baytown.
Notary Public Signature
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 2003 by
of the Harris County Flood Control
District.
Grantee's Address:
2223 West Loop South, Suite 239
Houston, TX 77027
Notary Public Signature
40 FAKaren\Files\Legal\Deeds & Easements \WCFCDeedwi thou tWarranty.doc
3
ROW Parcel Tract No. 09 -004.0
HCFCD Unit No. 0100 -00 -00
HCFCD Project rD# 0100- 00 -00 -E001
3.0287 Acres
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
Being a 3.0287 acre (131,931 square feet) tract of land for a proposed variable width drainage
right of way widening of Goose Creek along the eastern portion of that land conveyed to the City
of Baytown as described and recorded under Harris County Clerk's File No. C896204, and being
situated in the G.C. & S.F. Railroad Survey, Abstract No. 1017, also being part of Lot 130, Unit
"D" of the Elena Fruit and Cotton Farms subdivision, recorded in Volume 7, Pages 48 and 49 of
the Harris County Map Records (H.C.M.R.) located in City of Baytown, Harris County, Texas
and being more particularly described by metes and bounds as follows with all bearings
referenced to that called 45.4943 acre tract conveyed to Harris County Flood Control District
(H.C.F.C.D.) as described and recorded under Clerk's File No. U324943:
COMMENCING at a found one (1 ") inch iron pipe located at the northeast corner of Lot 131,
Unit "D" of said EIena Fruit and Cotton Farms and being in the south right of way line of
McClean Road, 60.00 feet wide;
Thence South 861 15' 16" West, along the north line of said Lot 131 same being the south line of
said McClean Road, a distance of 1411.81 to the northeast corner of said Lot 130 same being the
northeast corner of that tract conveyed to City of Baytown by deed recorded- under Clerk's File -
No. C896204 and located in Goose Creek;
Thence South 861 45' 53" West, along the north line of said City of Baytown tract and Lot 130
same being the south line of said McClean Road, a distance of 50.09 feet to the west line of a
2.27 acre drainage easement, 55.00 feet wide, conveyed to Harris County Drainage District No.
14, as described and recorded in Volume 1146, Page 36 Hams County Deed Records, being
marked by a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -Grp" set for the
northeast corner and POINT OF BEGINNING of the herein described tract of land;
Thence along the west line of said 55.00 feet wide drainage easement the following courses and
distances:
South 030 50' 27" West, a distance of 384.37 feet, to a five eighths (5/8 ") inch iron rod
with cap stamped "Thompson -Grp" set for angle point;
South 15° 54' 33" East, a distance of 568.48 feet, to five eighths (5/8 ") inch iron rod with
cap stamped "Thompson -Grp" set for angle point;
South 011 26' 27" West, a distance of 588.97 feet, to five eighths (5/8 ") inch iron rod with
cap stamped "Thompson -Grp" set for angle point;
. South 03° 54' 44" East, a distance of 221.80 feet, to a five eighths (5/8 ") inch iron rod with
cap stamped "Thompson -Grp" set for the southeast corner of the herein described tract of
Page 1 of 3
D:\ PRO JECM924GooseCreek\0! \DOC\Parce! RPD\Traci 09- 004.0- RPD.doc
KOW Parcel Tract No. 09 -004.0
HCFCD Unit No. 0100 -OUO
HCFCD Project ID# 0100- 00 -00 -E001
3.0287 Acres
land and being in the north Iine of Lynchburg Cedar Bayou Road, a variable width right of
way;
Thence North 810 31'.12" West, along the north line of Lynchburg'Cedar Bayou-Road, a distance
of 100.38 feet, to a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -Grp" set for
the southwest corner of the herein described tract of land;
Thence North 070 29. 39." East, a distance of 236.45 feet to a five eighths (5/8 ") inch iron rod
with cap stamped "Thompson -Grp" set for the point of curvature of a curve to the left and corner
of the herein. described tract, of land;
Thence northerly along said curve to the left, whose radius is 365.00 feet, through a central angle -
of 07° 42' 56 ", an arc distance of 49.15 feet, whose chord bearing and distance are N. 030 38'
11" E. — 49.11 feet, to a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -Grp" set
for point of tangency of said curve and corner of the herein described tract of land;
Thence North 00° 13' 17" West, a distance of 387.68 feet to a five eighths (5/8 ") inch iron rod
with cap stamped "Thompson -Grp" set for the point of curvature of a curve to the left and corner
of the herein described tract of land;
Thence northwesterly along said curve to the left, whose radius is - 865.00 feet,. - through a central
angle of 24° 11' 42 ", an are distance of 365.28 feet, whose chord bearing and distance are N. 120
19' 08" W. — 362.57 feet, to a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -
Grp" set -for point of tangency of said curve and comer of the herein described tract of land;
Thence North 24° 24' 59" West, a distance" of 74.80 feet to a five °eighths (5/8 ") inch iron rod
with cap stamped "Thompson -Grp" set4for the point of curvature of a curve to the right and
corner of the herein described tract of land;
Thence northwesterly along a curve to the right, whose radius is 765.00 feet, through a central
angle of 300 37' 55 ", an arc distance of 408.99 feet, whose chord bearing and distance are N. 09°
06' 02" W. — 404.14 feet, to a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -
Grp" set for point of tangency of said curve and corner of the herein described tract of land;
Thence North 061 12' 56" East, a distance of 113.49 feet to a five eighths (5/8 ")inch iron rod
with cap stamped "Thompson -Grp" set for the point of curvature of a curve to the left and corner
of the herein described tract of land;
Thence northerly along said curve to the left, whose radius is 495.00 feet, through a central angle
of 13° 18' 09 ", an arc distance of 114.93 feet, whose chord bearing and distance are N. 00° 26'
09" W. — 1 14.67 feet, to a five eighths (5/8 ") inch iron rod with cap stamped "Thompson -Grp"
set in the north line of said City of Baytown tract and Lot 130, same being the south line of
McClean Road, for the northwest corner of the herein described tract of land;
Page 2 of 3
D:IPROJECM924GunseCreek10l1DOC %Parcel RPD\Tract 09- 004.0- RPD.duc
f � i
•
KOW Parcel Tract No. 09 -004.0
HCFC6 Unit No. 0100 -00 -00
HCFCD Project ID# 0100- 00- 00 -E001
3.0287 Acres
Thence North 860 45' 53" East, along the north line of said City of Baytown tract, a distance of
97.35 feet, returning to the PLACE OF BEGINNING of the herein described tract of land and
containing 3.0287 acres (131,931 square feet) of land, more or less.
This Real Property Description is based upon a Texas Society of Professional Surveyors
Category IA, Condition 2, Land Title Survey performed under the direct supervision of Robert
A. Lupher, RPLS during January of 2003.
W, � � &I .. L-)'1' W. �
Robert A. Lupher, RPLS
Texas Reg. No. 4951
Page 3 of 3
D:I PROJEM924GooseCreekl0 11DOC\Parcel RPD\Tract 09- 004,0•RPD.doc