Ordinance No. 11,364ORDINANCF., NO. 11,364
AN ORDINANCE' OF THFCITY COUNCIL OFTI-II; CITY OF BAYTOWN,
TI.`XAS. AUTHOR V I N G AN FA RN L'STMON EY C",ONT TACT WITI: f RODNEY
W'l - IZLJS-I'E[7-., FOR I1ROPI',R"I'Y LOCATED AT 1106 PARK STREET FOR
MUNIC]PAI. PUIZPOSP�S; AUTHORIZING PAYMI..'NT OF A P[JR,(,',I,IASI-" PRICE
I-,'OIZ SUCH PROPERTY IN AN AMOUNT NOT TO F"XCEED THRE'
1-ILM)RI'D "I'llOUSAND AND NO/100 DOLL.ARS ($300,000.00)', AND
PROVIDING FOR TI -11" [`1 FY"C"HVI'; DATE TI Il,'Rl---`OF.
BE IT ORDAINID ICY TI'll."' CITY COUNCIL OFTI1FC1"1'Y 01- BAY'I'O\VN,TI-!'XAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby aL1th01-iZCS the
City Manager to execute and the City Clerk to attest to an Earnest Money Contract with Rodney
Tow, Trustee, for property located a( 1106 Park Street f'or municipal purposes. Said contract is
attached hereto as 1"Ahibit "A" and incorporawd hercin for Lill intents and purposes.
Section 2. That the City COLHICil Of (he City 01' BaytONVII aUthorizes paynient of as
purchase price for the property sul�ject to the agreement authorized in Section I hercofin an arnOUnt
not to exceed THRE1; 1-1LJNDRF'I) '14 IOUSAND AND NO/) 00 DOLLARS ($300,000,00).
Section 3: T'his ordinance shall take effect irnmediately from and after its passage by the
City Council of the City ol'Baytown.
f ",i\ WilIC CitV COLUICil Of the City
o I'Baytown this the 27'°' day ol'May, 2010.
S TE' 11", T (.)NCARLOS, Mayor
- -
GAI�/A,
APPROVE 'D AS TO FORM:
'94
N/1 I R
e'.14i�N��XCIO RAMIRLY, .'R., City Attorney
Exhibit "A"
EARNEST MONEY CONTRACT
STATE- OF TEXAS §
COUNTY OF HARRIS §
This Earnest Money Contract is made and entered into this _ day of ,
2010, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and
Chambers Counties, Texas, hereinafter known as the `Buyer," and RODNEY TOW, TRUSTEE,
hereinafter known as the "Seller," and is subject to the Trustee's Addendum to Sale of Real
Property, which is attached hereto as Exhibit "A."
I.
IN GENERAL
Subject to Article I1 hereof, the Seller agrees to sell and convey to Buyer and Buyer
agrees to buy from Seller the property described below.
II.
CONTINGENCY
This Agreement and the Buyer's obligations herein are expressly contingent upon (i) an
inspection report satisfactory to the Buyer, (ii) environmental site assessments satisfactory to the
Buyer, and (iii) the City Council's approval of this Agreement.
III.
PROPERTY
The property subject to this Agreement is an 8.7454 acre tract of land situated in the
Harvey Whiting Survey, Abstract 840, Harris County, Texas, as more particularly described in
Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes,
hereinafter referred to as the "Property." Property shall also include all personalty located at the
site as of May 27, 2010.
IV.
SALES PRICE
The sales price of the above- referenced property is THREE HUNDRED THOUSAND
AND NO /100 DOLLARS ($300,000.00), hereinafter "Sales Price," which sum shall be paid in
full at closing on the Property.
Earnest Money Contract. Page 1
V.
EARNEST MONEY
Buyer shall deposit ONE THOUSAND AND NO 1100 DOLLARS ($1,000,00) as earnest
money with Great American Title Company, as Escrow Agent, upon execution of this
Agreement by both parties. The sum, any additions thereto, and any interest earned thereon, is
the earnest money deposit to be applied to the Sales Price.
VI.
TITLE POLICY AND SURVEY
Seller shall obtain at Seller's sole cost and expense an Owner Policy of Title Insurance
(the "Title Policy ") issued by Great American Title Company located at 4505 N. Main Street,
Baytown, Texas 77521 ("Title Company ") in the amount of the Sales Price, dated at or after
closing, insuring Buyer against loss under the provisions of the Title Policy subject to the
promulgated exclusions (including existing building and zoning ordinances) and the following
exceptions:
(1) restrictive covenants common to the platted subdivision in which the Property is
located;
(2) the standard printed exception for standby fees, taxes and assessments;
(3) utility easements created by the dedication deed or plat of the subdivision in
which the Property is located;
(4) reservations or exceptions otherwise permitted by this Agreement or as may be
approved by Buyer in writing;
(5) the standard printed exception as to discrepancies, conflicts, shortages in area or
boundary lines, encroachments or protrusions or overlapping improvements;
(6) the standard printed exception as to marital rights; and
(7) the standard printed exception as to waters, tidelands, beaches, streams, and
related matters.
Within twenty (20) days after the Title Company receives a copy of this Agreement,
Seller shall furnish to Buyer a commitment for Title Insurance (the "Commitment ") and, at
Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in
the Commitment other than the standard printed exceptions. Seller authorizes the Title Company
to mail or hand deliver the Commitment and related documents to Buyer at Buyer's address
shown below. If the Commitment is not delivered to Buyer within the specified time, the time
for delivery shall be automatically extended up to fifteen (15) days. Buyer shall have ten (10)
days after the receipt of the Commitment to object in writing to matters disclosed in the
Commitment. Buyer may object to existing building and zoning ordinances and items (1)
through (7) listed above if Buyer determines that any such ordinance or item prohibits the
proposed use of the Property as hereinafter described.
Within ten (10) days after Buyer's receipt of a survey plat, Buyer may object in writing to
any matter which constitutes a defect or encumbrance to title shown on a survey plat obtained by
t:arnest Money Contract, Page 2
Buyer at the expense of Seller. The survey shall be made by a Registered Professional Land
Surveyor acceptable to the Title Company and the Buyer. The plat shall (a) identify the Property
by metes and bounds or platted lot description; (b) show that the survey was made and staked on
the ground with the corners permanently marked; (c) set forth the dimensions and total area of
the Property; (d) show the location of all improvements, highways, streets, roads, railroads,
rivers, creeks or other waterways, fences, easements and rights -of -way on the Property with all
easements and rights -of -way referenced to their recording information; (e) show any
discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the
Property lying within the one hundred (100) year flood plain as shown on the current Federal
Emergency Management Agency map; and (f) contain the surveyor's certificate that the survey
as shown by the plat is true and correct.
Utility easements created by the dedication deed and plat of the subdivision in which the
Property is located shall not be a basis for objection. Buyer's failure to object under this article
within the time allowed shall constitute a waiver of Buyer's right to object except that the
requirements in Schedule of the Commitment shall not be deemed to have been waived. If
objections are made by Buyer, Seller shall cure the objection within twenty (20) days after the
date Seller receives them and the Closing Date shall be extended as necessary. If objections are
not cured by the extended Closing Date, this Agreement shall terminate and the Earnest Money
shall be refunded to Buyer, unless Buyer elects to waive the objections.
VII.
CLOSING
The closing of the sale shall be on or before the 3& day of July, 2010, or within seven
(7) days after objections to title, environmental assessment and/or survey have been cured,
whichever date is later, such date hereinafter referred to as "Closing Date." If either party fails
to close this sale by the Closing Date herein specified, the non - defaulting party shall be entitled
to exercise any remedies contained in Article XII hereof. At closing, Seller shall furnish tax
statements or certificates showing no delinquent taxes are due and owing on the Property, and
Seller shall tender a special warranty Trustee's deed conveying good and indefeasible title
showing no additional exceptions, other than those not objected to by Buyer or waived by Buyer
pursuant to Article VI hereof. At closing the Seller shall also furnish a Bill of Sale with
warranties to title conveying title, free and clear of all liens, to any personal property defined as
part of the Property above.
VIII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
Earnest Money Contract. Page 3
IX.
SALES EXPENSES
The following expenses shall be paid at or prior to closing:
A. Buyer shall be responsible for the expenses associated with the inspection report;
environmental site assessments; escrow fee; and other expenses stipulated to be
paid by Buyer under other provisions of this Agreement.
B. Seller shall be responsible for the expenses associated with the following:
preparation of the deed and bill of sale, appraisal, releases of existing liens,
including prepayment penalties and recording fees; release of Seller's loan
liability; taxes assessed prior to January 1, 2010; tax statements or certificates;
Title Insurance; and other expenses stipulated to be paid by Seller under other
provisions of this Agreement.
X.
PRORATIONS
Current taxes, any rents, maintenance fees, and assessments shall be prorated through the
Closing Date. If the amount of the ad valorem taxes for the year in which the sale is closed is not
available on the Closing Date, proration of the taxes shall be made on the basis of the taxes
assessed in the previous year.
XI.
CHARGES DUE TO SELLER'S CHANGE IN USE
If Seller's change in use of the Property prior to the closing or denial of a special use
valuation on the Property claimed by Seller results in the assessment of additional taxes for
periods prior to closing, the additional taxes shall be the obligation of the Seller. Obligations
imposed by this article shall survive closing.
XII.
DEFAULT
If Buyer fails to comply with this Agreement, Buyer shall be in default, and Seller may
(a) enforce specific performance, seek such other relief as may be provided by law, or both, or
(b) terminate this Agreement and receive the Earnest Money as liquidated damages, thereby
releasing both parties from this Agreement. If Seller is unable without fault to deliver the
Commitment within the time allowed, Buyer may either terminate this Agreement and receive
the Earnest Money as the sole remedy or extend the time for performance up to fifteen (15) days
and the Closing Date shall be extended as necessary at the discretion of the Buyer. If Seller fails
to comply with this Agreement for any other reason, Seller shall be in default and Buyer may
E:amcst Money Contract. Page 4
either (a) enforce specific performance, seek such other relief as may be provided by law, or
both, or (b) terminate this Agreement, receive the Earnest Money, and seek such other relief as
may be provided by law, thereby releasing both parties to this Agreement.
XIII.
ESCROW
The Earnest Money is deposited with Escrow Agent with the understanding that Escrow
Agent is not (a) a party to this Agreement and does not have any liability for the performance or
non - performance of any party to this Agreement, (b) liable for interest on the Earnest Money, or
(c) liable for any loss of Earnest Money caused by the failure of a financial institution in which
the Earnest Money has been deposited unless the financial institution is acting as Escrow Agent.
If either party makes demand for the payment of the Earnest Money, Escrow Agent has the right
to require from all parties a written release of liability of Escrow Agent for disbursement of the
Earnest Money. Any refund or disbursement of Earnest Money under this Agreement shall be
reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Earnest
Money, and Escrow Agent shall pay the same to the creditors thereto. At closing the Earnest
Money shall be refunded to Buyer. Demands and notices required by this paragraph shall be in
writing and delivered by hand delivery or by certified mail, return receipt requested.
XIV.
REPRESENTATIONS
Seller represents that as of the Closing Date, Seller will convey title to the real and
personal property free and clear of all liens. All representations contained in this Agreement
shall survive the closing.
XV.
SALE OF INTEREST
The Seller may not sell or assign all or part interest in the Property to another party or
parties without the express prior written approval of the City Manager of such sale or
assignment, nor shall Seller assign any monies due or to become due to it hereunder without the
previous consent of the City Manager. It is expressly understood and agreed that this provision
shall only apply to the Property as defined in Article III.
XVI.
NOTICES
All notices required to be given hereunder shall be given in writing in person or by
overnight, certified or registered mail, return receipt requested at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
t=amest Money Cantract_ Page 5
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
SELLER
Rodney Tow, Trustee
Tow & Koenig, PL1.0
26219 Oak Ridge Drive
The Woodlands, TX 77384
FAX: 832482 -3979
BUYER
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
FAX: 281420 -6586
XVII.
FEDERAL TAX REQUIREMENTS
If Seller is a "foreign person" as defined by applicable law or if Seller fails to deliver an
affidavit that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds
an amount sufficient to comply with the applicable tax law and deliver the same to the Internal
Revenue Service together with appropriate tax forms. IRS regulations require the filing of
written reports if cash in excess of specified amounts is received in the transaction,
XVIII.
USE
The intended use of the Property by Buyer is for municipal purposes. If Buyer ascertains
that applicable zoning ordinances, easements, restrictions or governmental laws, rules or
regulations prevent such intended uses, and Buyer notifies Seller within thirty (30) days after the
effective date of this Agreement (but in all events at least seven (7) days prior to closing) of
Buyer's inability to use the property as herein proposed, the Agreement shall terminate and the
Earnest Money shall be refunded to Buyer. Buyer's failure to give the notice within the required
time shall constitute Buyer's acceptance of the Property.
XIX.
NON - WAIVER
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
gamest Money Contract, Page 6
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.
XX.
GOVERNING LAW
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City of Baytown, 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.
XXI.
SEVERABILITY
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.
XXII.
NO RIGHT TO ARBITRATION
Notwithstanding anything to the contrary contained in this Agreement, the Buyer and the
Seller hereby agree that no claim or dispute between the Buyer and the Seller 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 Buyer is subjected to an arbitration proceeding
notwithstanding this provision, the Seller consents to be joined in the arbitration proceeding if
the Seller's presence is required or requested by the Buyer of complete relief to be recorded in
the arbitration proceeding.
XXIII.
COMPLETE AGREEMENT
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.
Eamest Mane): Contract, Page 7
XX1V.
AUTHORITY
The Persons executing this Agreement on behalf of the parties hereby represent that such
persons have Bull authority to execute this A reenient and to bind the party he /she represents.
XXV.
EXPIRATION
This Contract shall expire il' not signed by the Seller on or before the 30"' day of June,
2010.
IN WITNE.SS WHERE-01'. the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of \vliich shall constitute but one
and the same Agreement on the day of 2010. the date of
execution by the Seller.
SII..I.IR:
RODNEY TOW, TRUSTEE-
13UYI:R: CITY OI BAY'I'OWN. Ti-1 -xAS
It0131-10' D. L1 IPE-'R. Deputy Ci \Manager
LETIC[A 6A 1, t;Y 'Ierk
APPR0��F1�`AS`I'0 FORIM:
NACIO RA \-1181:"/... SR.. Li , Allorney
Earnest �•1onc�• Contract. Page K
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public,
on this day personally appeared RODNEY TOW, TRUSTEE, the owner of the above - described
Property, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
SUBSCRIBED AND SWORN before me this _ day of .2010.
Notary Public in and for the State of Texas
RAKorenVifesWonlm astGoose Creek Nursing Nome Earnest MoneyContmctW= c stMoneyContrectRcvisedCtesn.doc
Earnest Manny Contract, Page 9
Exhibit "A"
Trustee's Addendum to Sale of Real Property
THE PROVISIONS OF THIS ADDENDUM CONTROL OVER ALL TERMS OF THE
EARNEST MONEY CONTRACT EVEN IF THE EARNEST MONEY CONTRACT
SPECIFICALLY CONTRADICTS A PROVISION IN THIS ADDENDUM.
This property is being sold by a bankruptcy estate and Rodney Tow is the Trustee of that
estate. He has no personal knowledge of the property or its condition and is selling the
property in as is condition with all faults, if any. Neither Rodney Tow nor this bankruptcy
estate make any representations regarding the condition of the property.
2. All sales from a bankruptcy estate must be approved by Court order and despite any
provision in the Earnest Money Contract to the contrary, the Trustee and the Estate are
not bound by the terms of the earnest money contract without express Bankruptcy Court
approval.
3. All disputes relating to this sale or the Earnest Money Contract must be determined by
the Bankruptcy Court. Without a Bankruptcy Court order, the Trustee may not attend a
mediation or any form of alternative resolution for the purpose of resolving a dispute.
Once a dispute is resolved, the Trustee may be required to obtain a Bankruptcy Court
order approving the resolution.
4. The Trustee will provide a special warranty Trustee's deed and sell the property pursuant
to a Bankruptcy Court order.
5. The sale will be free and clear of all liens, claims and encumbrances.
6. The Trustee may be authorized by the Bankruptcy Court order:
a. To retain all proceeds from the sale pending distribution as authorized by the
Bankruptcy Court;
b. To pay the first mortgage or other mortgages while retaining funds which would
otherwise go to taxing entities pending distribution as authorized by the
Bankruptcy Court; or
C. To pay all liens and encumbrances at closing.
7. It typically takes thirty days from the date of the signing of the earnest money contract
for the Trustee to obtain an order authorizing the sale. In some instances, it may take
longer.
8. Any change that requires a Bankruptcy Court order may require an additional thirty days
to obtain the needed order. In exceptional circumstances it is possible the Trustee may be
able to get an order sooner but these circumstances are rare and are left strictly to the
Bankruptcy Court's decision.
Exhibit "A" - Trustee's Addendum to Sale of Real Property, Page I
9. Any changes to the terms of the earnest money contract may require additional
Bankruptcy Court approval. For example, occasionally there will be unexpected costs at
closing not anticipated by the buyer or seller. If the estate is asked to pay some of the
costs, an additional Bankruptcy Court order is necessary.
10. Occasionally the title report will contain unknown or unexpected liens against the
property. In the event that occurs, the Trustee will have to re- evaluate the sale. If there is
no net profit to the estate after payment of liens, the Trustee may have to withdraw from
the sale and allow the property to be foreclosed by lienholders. The Trustee has never had
to withdraw from a sale for this reason but has had instances where unexpected liens or
claims against the property have occurred.
11. Texas law requires disclosures to be made by a seller which the Trustee cannot make.
The Trustee will not sign disclosure affidavits regarding the condition of the property.
12. Taxes arc prorated at closing. In almost every instance the Title Company requests a
buyer and seller to agree that if the prorations are wrong that the buyer and seller will
make adjustments as necessary to prorate the taxes. The Trustee will NOT agree to a
proration adjustment because this is a bankruptcy estate and it is likely that all or some of
the funds received from the sale will be distributed prior to the determination of the
proration discrepancy. The Trustee never agrees to adjust prorations.
Exhibit "A" - Trustee's Addendum to sate or Real Promelu, Page 2
Exhibit T"
STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of an 8.7454 acre tract of land situated in the Harvey Whiting Survey,
Abstract 840, Hams County, Texas and being comprised of all of that certain tract of
land conveyed by B. B. Williams to Garrett -Beck Corporation by Deed dated December
27, 1968 and recorded in Volume 7491 at Page IS I of the Deed Records of Harris
County, Texas; all of that certain called 4.50 acre tract of land conveyed by B. B.
Williams to Garrett -Beck Corporation by Deed dated May 25, 1964 and recorded in
Volume 5862 at Page 452 of the Deed Records of Harris County, Texas and all of that
certain 30 feet wide strip of land conveyed by B. B. Williams to Garrett -Beck
Corporation by Deed dated October 1, 1983 and recorded under County Clerk's File No.
J449446 of the Deed Records of Harris County, Texas. This 8.7454 acre tract of land Is
more particularly described by the following metes and bounds, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL
COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL
DISTANCES. SCALE FACTOR - 0.9997599. REFERENCE IS MADE TO THE
PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
DESCRIPTION.
COMMENCING at a % inch iron rod found at the intersection of the West right -of -way
line of Garth Road and the North right -of -way line of Park Street at the Southeast comer
of Block 27 of Morrell Parks, Section l Replat as recorded in Volume 12 at Page I of the
Map Records of Harris County, Texas. Said COMMENCING POINT having a State
Plane Coordinate Value of N =13,840,996.98 and E =3,244,786.31.
THENCE: South 89 °34' 12" West along the South line of said Morrell Park, Section I,
the South line of that certain called 5.1472 acre tract conveyed by Wendy Jean Ramsey -
Williams, et vir, to BHCSMM Baytown, L.L.C. by Deed dated December 10, 2002 and
recorded under County Clerk's File No. W300092 of the Official Public Records of Real
Property of Harris County, Texas and the North right -of -way line of Park Street (right -of-
way width varies) for a distance of 1028.04 feet (called Notch 88 °31'02" West 1028.18')
to a % inch iron rod found for the Southwest corner of said called 5.1472 acres and the
Southeast comer and POINT OF BEGINNING of this tract. Said BEGINNING POINT
having a State Plane Coordinate Value of N- 13,840,989.26 and E =3,243,758.29.
THENCE: South 89 03955" West along the South line of this tract and the North right -
of -way line of said Park Street and at 78.39 feet pass a 518 inch iron rod found 1.05 feet
North of said line; in all, a total distance of 234.76 feet 9called North 88025'19" West
234.76 feet) to a'A inch iron rod, with cap, set for the Southwest corner of this tract in the
Fast line of that certain 3.0546 acre tract conveyed to the City of Baytown in
Condemnation Proceeding No. 46761 in County Court at Law No. 2, Harris County,
Texas, June 26, 1941. Said 3.0546 acres being out of that certain 5.00 acre tract
conveyed to the City of Baytown under Harris County Clerk's File No. Y271988.
Exhibit "B;' Page I
PAGE 2 — 8.7454 ACRES.
THENCE: North 40 037'27" West along the West line of this tract and the East line of
said 3.0546 acres for a distance of 143.80 feet (called North 38 °42'41" West 143.80 feet)
to a 1'2inch iron rod, with cap, set for an angle point in said line.
THENCE: North 62 °21'46" West along the West line of this tract and the East line of
said 3.0546 acres for a distance of 317.29 feel (called North 60 °27' West 317.29 feet) to
a point for an angle point in said line and being in the Eastern edge of Goose Creek
THENCE: North 06 °00'46" West along the West line of this tract and in part with the
Eastern edge of Goose Creek for a distance of 107.16 feet (called North 04 °06' West
107.16 feet) to a point for an angle point in said line.
THENCE: North 25 °25'46" West along the West line of this tract and in part with the
Eastern edge of Goose Creek for a distance of 185.00 feet (called North 23 °31' West
185.00 feet) to a point for an angle point in said line.
THENCE: North 32 °04' 14" East along the West line of this tract, in part with the
Eastern edge of Goose Creek and crossing into said Goose Creek to the approximate
center, a distance of 164.80 feet (called North 33 °59' East 164.80 feet) to a point for the
Northwest comer of this tract.
THENCE: North 7703411411 East along the North line of this tract and along the
approximate centerline of said Goose Creek for a distance of 226.91 feet (called North
79 029' East 226.91 feet) to a point for an angle point in said line.
THENCE: North 86 °59' 14" East along the North line of this tract and along the
approximate centerline of said Goose Crack for a distance of 351.60 feet (called North
88 054' East 351.60 feet) to a % inch iron rod, with cap, set for the Northeast comer of
this tract and the Northwest corner of said called 5.1472 acres; said point being in the
South line of a 30 feet wide easement conveyed to the City of Baytown under Film Code
No. 792 - 08.0814 of the Deed Records of Hatris County, Texas; from which a % inch iron
rod (found) bears South 26 022'08" East 0.41 feet and a K inch Iron rod found for the
Northeast corner of said called 5.1472 acres bears North 86 °24'42" East 260.78 feet.
Exhibit "B," Page 2
• • . • .
PAGE 3 — 8.7454 ACRES.
THENCE: South 03 006'25" East along the East line of this tract and the West line of
said called 5.1472 aches for a distance of 736.65 feet (called South 01' 1 1'40" East 736.65
feet) to the PLACE OF BEGINNING and containing within these boundaries 8.7454
acres of land.
SURVEYOR'S CERTIFICATE
1, Juliene Ramsay, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared Gam an actual survey made on the ground,
under my supervision, and that all lines, boundaries and landmarks are accurately
described therein.
WITNESS my hand and seal at Baytown, Texas, this the 25'h day of August, A. D., 2009.
w
JAne Ramsey
Registered Professional Land Surveyor No. 4379
09.3632.fdn.doc
Exhibit "B," Page 3