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Ordinance No. 11,488ORDINANCE NO. 11,488 A,,.N ORDINANCE OF THE CITY COUNCIL OFTHE CITY OFBAYTOV,,N, TE'XAS, AUTHORIZING AN F'ARNI ST MONEY CONTRACT WITI I RODNFY TOW, TRUSTEE, FOR PROPERTY LOCATE'D A]" 1106 PARK STREET FOR M1.;'NICIPAL PURPOSES; AUTHORIZING PAYMENT OF A PURCHASE PRIC1 11' FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED ON F f1UNDRED THOUSAND AND NCB/I00 DOLLARS ($100,000.00); AND 13ROVIDING FOR THE, EFFECTIVI",," DATE THE"RE"OF. BE' IT ORDAINI"','I) BY '1'1-11:.," CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. Secdon I hat the City Council of the City ofBaylown, "I'exas, hereby authorizes the City Manager to execute and the City Clerk to attest to an 1'.7arnest Money Contract with Rodney Tow, Trustee, for property located at 1106 Park Street for municipal purposes, Said contract is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment of' a purchase price flor the property subJect to the agreement authorized in Section I hereof in an amount not to exceed ONF" IJUNDREDTHOUSAND AND NO/100 DOLLARS ($100,000.00). Section 3: This ordinance shall take effect immediately fi-oni and after its passage by the City Council of the City of Baytown, 117 INTRODUCED, READ and PASSED by thcaffirmat e of the City Council of the City of Baytown this the I I "' day of November, 2010. ixi '1/ S`VH'PI-IE-17T-I. DONCARLOS, Mayor ATTES,/1"If";>�1�'VNIV P LEE"I'l a. 16;s 0 APPROVED AS TO FORM: ac4i— ey W%Karoi\Ffle:,%(Ay C'oLiiicil\ordiii,-ttices'�,2010'�Nov�iiiber I I 1071'arkSlrect doc 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 II 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 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 ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00), hereinafter "Sales Price," which sum shall be paid in full at closing on the Property. Eamest Money Contract. Page 1 V. EARNEST MONEY Buyer shall deposit ONE THOUSAND AND N01100 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 "Comtnitment'l 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 gamest Money CantmcL 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 31st day of December, 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 ConlMcL Page 3 DL 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 Earner MongX Contrast 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. Earnest Money Co Page 5 Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: SELLER LLER Rodney Tow, Trustee Tow & Koenig, PLLC 26219 Oak Ridge Drive The Woodlands, TX 77384 FAX: 832 -482 -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 Ieast 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. XDL 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 Enmjg Mona ganmwL 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 for complete relief to be recorded in the arbitration proceeding. XXIU. 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 Monet/ Cantmm Page 7 XXI V. AUTHORITY The persons executing this Agreement on behalf of the parties hereby represent that such persons have full authority to execute this Agreement and to bind the party he/she represents. XXV. EXPIRATION This Contract shall expire if not signed by the Seller on or before the 30th day of November, 2010. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of , 2010, the date of execution by the Seller. SELLER: RODNEY TOW, Trustee BUYER: CITY OF BAYTOWN, TEXAS GARRISON C. BRUMBACK, City Manager ATTEST: LETICIA GARZA, City Clerk APPROVED AS TO FORM: 4: � " 21--o �, TONACIO RAMIREZ, SR., City t rncy F.amest Money Conlrnct. Page 8 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 R W.mnVile:%Cont =W\Goose Creek Nursing Home F.amest Matey ConvKA \EaenestMoncyConinctRevixdClean 11202010.doe F.amest Money Contram 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. 1. 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 Prope rtv_. Page 1 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 Iaw 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 are prorated at closing. In almost every instance the Title Company requests a buyer and seller to agree that if the proration 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. ExhNt `A" • Tnutee's Addendum to Sale of Real Proms page 2 Exhibit "B" STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of an 8.7454 acre tract of land situated in the Harvey Whiting Survey, Abstract 840, Harris 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 151 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 Hams 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 corner of Block 27 of Morrell Parks, Section 1 Replat as recorded in Volume 12 at Page t 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 1, 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 North 88 °31'02" West 1028.18') to a %a inch iron rod found for the Southwest corner of said called 5.1472 acres and the Southeast corner 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 °3955" 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 88 °25' 19" West 234.76 feet) to a'h inch iron rod, with cap, set for the Southwest corner of this tract in the East 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 Hams County Clerk's File No. Y271988. PAGE 2 — 8.7454 ACRES. THENCE: North 40 13727" 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 62 121'46" West along the West line of this tract and the East line of said 3.0546 acres for a distance of 317.29 feet (called North 60 127' 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 °3 l' West 185.00 feet) to a point for an angle point in said line. THENCE: North 32004'14" 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 77 °34' 14" 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 °29' 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 Creek for a distance of 351.60 feet (called North 88 054' East 351.60 feet) to a %z inch iron rod, with cap, set for the Northeast comer of this tract and the Northwest comer 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 Harris County, Texas; from which a % inch iron rod (found) bears South 26 022108" East 0.41 feet and a %: inch iron rod found for the Northeast corner of said called 5.1472 acres bears North 86 °24'42" East 260.78 feet. PAGE 3 — 8.7454 ACRES. THENCE: South 03 °06'25" East along the East line of this tract and the West line of said called 5.1472 acres for a distance of 736.65 feet (called South 01'l 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 Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from 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. OF Ju 'ene Ramsey GLr PEE tisr� Tb` 0 Registered Professional Land Surveyor No. 4379 CO q�o�9cn 09- 3632.fdn.doc .....� ....E:ii y r q 4378 v " 9yG °a�8e►o�'y0� .