Ordinance No. 10,173ORDINANCE NO. 10,173
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING FROM ABSHIER MEUTH, LLP, THE DEDICATION
OF A 0.6752 -ACRE TRACT OF LAND FOR THE GOOSE CREEK STREAM
GREENBELT TRAIL PHASE IV PROJECT; 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 accepts the
dedication of a 0.6752 tract of land for the Goose Creek Stream Greenbelt Trail Phase IV Project
from Abshier Meuth, LLP. Such dedication is more fully described in the deed, which is
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: 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 27`h day of September, 2005.
N
CALVIN MUNDINGER, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Cky Attorney
0 RAKaren \Files \City Council \Ordirtances\2005\September MAcceptingDonat ion Deed fromAbshire- Meuth.doc
WARRANTY DEED OF DEDICATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR, ABSHIER - MEUTH, a Texas general partnership and owner of the
below described real property, by these presents does DONATE, DEDICATE, GRANT, and
CONVEY unto GRANTEE, CITY OF BAYTOWN, a municipal corporation, of the Counties of
Harris and Chambers and the State of Texas, all of the real property located in Harris County, Texas
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, unto the said GRANTEE, CITY OF
BAYTOWN, its successors and assigns forever.
GRANTOR agrees to bind itself, its heirs, executors and administrators 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.
SIGNED this the
STATE OF TEXAS
COUNTY OF HARRIS
day of , 2005.
GRANTOR
ABS ER -MEUTH
Signa )
6'zeza A, Aaswios
(Printed Name)
A0-71N�
(Title)
® BEFORE ME THE UNDERSIGNED AUTHORITY, on this day personally appeared
. R , the of ABSHIER -MEUTH on behalf of
Warranty Deed of Dedication, Page I EMIT A
•
such company, known to me to be the person whose name is subscribed to the foregoing instrument,
and that he /she executed the instrument in the capacity and for the purposes expressed in the
instrument.
SUBSCRIBED AND SWORN before me this 91 day of Zc , 2005.
[seal] C;?`l'L'" C GA
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
GRANTOR'S ADDRESS:
ABSHIER -MEUTH
8536 HIGHWAY 146
BAYTOWN, TX 77521
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CLERK
P.O. BOX 424
BAYTOWN, TEXAS 77522 -0424
SARA S. HART
MY COMMISSION EXPIRES
y r�•R',; Atlgtlsl 29.2008
\\Bdc2 \litigation\Karen \Fites\Parks & 12ecreation0edicalion and Purchase of Properly \Dedicat ion Deed AbshierMeuth.doc
Warranty Deed of Dedication, Page 2
ME 3701 Klrby Drive, Ste. 1290
Islam ston, Texas 77098
Halff Associates Inc. HouFax (713)523 -4373
ENGINEERS - ARCHITECTS - SCIENTISTS - PLANNERS - SURVEYORS
LEGAL DESCRIPTION
0.6752 ACRE (29,412 SQUARE FOOT)
OUT OF A 4.399 ACRE TRACT OF LAND,
SITUATED IN THE HARVEY WHITING SURVEY
ABSTRACT NUMBER 840
CITY OF BAYTOWN, HARRIS COUNTY, TEXAS
Being a 0.6752 acre (29,412 square foot) tract of land situated in the Harvey Whiting Survey
Abstract Number 840, Harris County, Texas, and being out of and a part of a called 4.3994 acre
tract, as conveyed to Abshier- Meuth, a Texas General Partnership from Citizens Bank and Trust
Company of Baytown, Texas by deed executed on June 14, 1996, as recorded in Harris County
Clerk's File (H.C.C.F.) Number R977704 of the Official Public Records of Harris County, Texas,
said 0.6752 acre tract being more particularly described as follows:
BEGINNING at a found 1/2 -inch iron rod at the northeast corner of said 4.3994 acre tract, said
iron rod also being the north common corner of the tract conveyed to Baytown Housing
Development Corporation from C. Terry Ross, et al, as recorded in H.C.C.F. Number F630555
and on the south line of the tract conveyed to the City of Baytown as recorded in H.C.C.F. Film
Code Number 792 -08 -0814, said iron rod being the northeast corner of the herein described tract;
THENCE South 38 degrees 22 minutes 13 seconds West, departing the south line of said City of
Baytown tract, a distance of 140.71 feet to a point for corner of the herein described tract;
THENCE South 74 degrees 54 minutes 29 seconds West, along the south line of said 0.6752 acre
tract, a distance of 200.00 feet to a point for corner on the common line of a called 5.1472 acre
tract as conveyed to BHCSMM Baytown, L.L.C., a Texas Limited Liability Company from
Wendy Jean Ramsey - Williams by deed executed December. 10, 2002, as recorded in H.C.C.F.
Number W300092 and on the west line of said 4.3994 acre tract, said point being the southwest
corner of the herein described tract;
THENCE North 03 degrees 36 minutes 55 seconds West, along said common line, a distance of
145.00 feet to a point of corner on the south line of said City of Baytown tract, for the northwest
corner of the herein described tract from which a found 1/2 -inch iron rod bears North 03 degrees
37 minutes 03 seconds West, 0.53 feet;
THENCE North 86 degrees 30 minutes 22 seconds East, departing said common line and along the
®south line of said City of Baytown tract, a distance of 290.13 feet to the POINT OF BEGINNING
and containing 0.6752 acres (29,412 square feet) of land more or less.
Legal Description E=ff A
Ld0.6752
Page 1 of 2
.7
All Bearings and Coordinates shown are based on the Texas State Plane Coordinate System,
South Central Zone, North American Datum of 1983, 1993 Adjustment. All Bearings and
Distances are Surface and maybe converted to Grid by dividing by a combined adjustment factor
of 1.00013. The Convergence Angle at HGCSD 43 (NGS PID #AW5662) is 01 degrees 58 minutes
00.969 seconds clockwise as computed by Corpscon Version 5.11.08.
Halff Associates, Inc. AVO 21105
Prepared By: Hijinio Gutierrez III
Checked By: Gary D. Nutter, RPLS
Date: August 06, 2004
Legal Description
LdO.6752
Page 2 of 2
0 50 100 150 200 300
CITY OF BAYTOWN . SCALE V = 100'
0' DRAINAGE DITCH 1/2' FIR BEARS P.O.B.
H.C.C.F. FILM CODE fNO3'37'03'W, 0.53' 1/2' FIR (C.M.)
NO. 792 -08 -0814 __— ,__, - -- --- - - - - --
i
M v ti
0
z
N86'30'22'E 290.13'
,
0 C. TERRY ROSS, ETAL
,n TO
N BAYTOWN HOUSING
DEVELOPMENT CORPORATION
H.C.C.F. NO. F630555
I
I
o:
ID
tD I
CITIZENS BANK & TRUST
TO
w I BAYTOWN SE L.P.
u, CALLED 2.4318 ACRES
�j ; H.C.C.F. NO. R977703
in
M
0
V)
1
,
I`
HARVEY WHITING !SURVEY ABSTRACT NO. 840
:
i
1
,
:
,
(A VARIABLE RK AN RIGHT-OF-WAY) - - -` -- - - --
i /2' FIR
NOTES:
I - ALL BEARINGS AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM
OF 1983, 1992S ADJUSTMENT. ALL BEARINGS AND DISTANCES ARE SURFACE AND
MAYBE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR
OF '100013. THE CONVERGENCE ANGLE AT HGCSO 43 (NGS PID eAW5662)
IS 01 DEGREES 58 MINUTES 00,969 SECONDS CLOCKWISE AS COMPUTED BY
CORPSCON VERSION 5.11.08.
2 -SEE PAGE I of 3 FOR THE ACCOMPANYING LEGAL DESCRIPTION.
3 -THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT.
EASEMENTS AND RESTRICTIONS MAY EXIST THAT ARE NOT SHOWN HEREON,
4 -NO IRON RODS SET AS PER CLIENTS REQUEST.
LEGEND:
FIR
46.29' V FIP (C.M.)
" PROPOSED
HIKE & BIKE TRAIL
,
112' FIR W /YELLOW
- CONTROLLING MONUMENT
PLASTIC CAP STAMPED
;
'RPLS NO. 1777'
1 CITIZENS BANK AND
49.16'
TRUST COMPANY OF BAYTOWN
S86'20'29'W
F TO
P.O.C.
ABSHIER- MEUTH,
A TEXAS GENERAL PARTNERSHIP
WENDY JEAN RAMSEY- WILLIAMS
i CALLED 4.3994 ACRES
H.C.C.F. NO. R97T7
H
AND SPOUSE JOHN BURTON WILLIAMS
DATE: 06 -14 -1996 6
TO
,
BHCSMM BAYTOWN, L.L.C.
A TEXAS LIMITED LIABILITY COMPANY
i
CALLED 5.1472 ACRES
,
H.C.C.F. NO. W300092
;
DATE: 12 -10 -2002
II
,
,
0 C. TERRY ROSS, ETAL
,n TO
N BAYTOWN HOUSING
DEVELOPMENT CORPORATION
H.C.C.F. NO. F630555
I
I
o:
ID
tD I
CITIZENS BANK & TRUST
TO
w I BAYTOWN SE L.P.
u, CALLED 2.4318 ACRES
�j ; H.C.C.F. NO. R977703
in
M
0
V)
1
,
I`
HARVEY WHITING !SURVEY ABSTRACT NO. 840
:
i
1
,
:
,
(A VARIABLE RK AN RIGHT-OF-WAY) - - -` -- - - --
i /2' FIR
NOTES:
I - ALL BEARINGS AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM
OF 1983, 1992S ADJUSTMENT. ALL BEARINGS AND DISTANCES ARE SURFACE AND
MAYBE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR
OF '100013. THE CONVERGENCE ANGLE AT HGCSO 43 (NGS PID eAW5662)
IS 01 DEGREES 58 MINUTES 00,969 SECONDS CLOCKWISE AS COMPUTED BY
CORPSCON VERSION 5.11.08.
2 -SEE PAGE I of 3 FOR THE ACCOMPANYING LEGAL DESCRIPTION.
3 -THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT.
EASEMENTS AND RESTRICTIONS MAY EXIST THAT ARE NOT SHOWN HEREON,
4 -NO IRON RODS SET AS PER CLIENTS REQUEST.
LEGEND:
FIR
-FOUND IRON ROD
FIP
-FOUND IRON PIPE
C.N.
- CONTROLLING MONUMENT
R.O.W.
- RIGHT -OF -WAY
H,C.C.F.
- HARRIS COUNTY
CLERK(S) FILE
P.O.B.
-POINT OF BEGmmG
P.O.C.
-POINT OF COMMENCEMENT
�A I, Gary D. Nutter, Registered Professional Land PfOleOINO° AVO # 21105
■ia■mm Halff Associates Inc. Surveyor in and for the State of Taxes, do hereby laud;
7 certify that this plot correctly represents a
ENGINEERS • ARCHITECTS • SCIENnS15 • PLANNERS • SURVEYORS survey made on the ground under my supervision Or"n by; FR
I KIRBY DRIVE.SUrM 12M IIOUSrON,TF" 77099 on November 11, 2003 and that said survey Checked by: GON
(713) s7� -7161 FAX (TD) 513 -1377 substantially complies ■itn the current Texas shed Title
Society of Professional Surveyors standards for
a Cat wy v4 Condition III survey. ABSHIER - ME1TH
A 0.6752 ACRES DEDICATION 0.6752 ACRES
SITUATED IN THE Cary D-w sr - - -�
HARVEY WHITING SURVEY ABST. NO. 840 Registered ProfassionalLond Surveyor
CITY OF BAYTOWN, TEXAS Texas Registration No. 5659 105EX01
Sheet Number