Ordinance No. 14,809 ORDINANCE NO. 14,809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING A MODIFIED DEED; AND PROVIDING FOR AN EFFECTIVE DATE
THEREOF.
WHEREAS, the City desires for the Baytown Municipal Development District (the "District") to
finance,construct, own and operate a convention center hotel and to enter into a facilities lease with respect
to operation of a convention center(collectively, the "Project") in the City;
WHEREAS, in connection with the Project, the City has been presented with and examined a
Modified Deed attached as Exhibit "A" hereto and incorporated herein for all intents and purposes (the
"Modified Deed"); NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct.
Section 2: The City hereby approves the Modified Deed and authorizes the City Manager to
execute the same.
Section 3: All actions taken by the City Manager or City Clerk in connection with the above-
described agreements are hereby ratified and affinned in all respects-
Section 4: If any section, paragraph, clause or provision of this ordinance is for any reason
held to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause or
provision shall not affect any of the remaining provisions of this ordinance-
Section 5: 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 • mativ- vote of the City C ell of the City of
Baytown this the 261h day of August, 2021.
ON-CAP E-tI LO, Ayor
ATTEST:
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ANGCI A CKSON, Interim SSSS perk
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APPROVED AS TO FORM: OF
K ORNER, City Attorney
RAKaren I Inmer\DocumenisTilesl01y CouncihOsdinances1202Mugust 261City of Baytown-August 26-Ordinance Approving Project Documents 4SI 1-13 t2.4gi4 2.ducx
Exhibit "A"
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND
WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
The undersigned, CITY OF BAYTOWN, a municipal corporation, as "Grantee" under 0)
that certain Special Warranty Deed of Dedication executed November 20, 1979 ("Conveyance
Date One") and filed for record on January 10, 1980 in the Official Public Records of Harris
County, Texas under Clerk's File No. G388038 ("Deed One") and (ii) that certain Warranty Deed
executed March 31, 1995 ("Conveyance Date Two"; together with Conveyance Date One, the
"Conveyance Dates") and filed for record on April 17, 1995 in the Official Public Records of
Harris County, Texas under Clerk's File No. R354555 ("Deed Two", together with Deed One, the
"Deeds") hereby modifies the Deeds to be effective as of the respective Conveyance Dates, and
from such respective Conveyance Dates forward, to impose the following restrictions on all of the
property described in the Deeds and again described in Exhibit A attached hereto (the "Subject
Property").
Exposure to the groundwater underlying the Subject Property for any purpose is prohibited
until such time when all the chemicals of concern no longer exceed their respective protective
concentration levels. No groundwater in, on or under the surface of the Subject Property may be
used for any potable purposes. The construction or installation of any water supply well, whether
for drinking, human consumption, or any other potable purpose on the Subject Property is
prohibited. Texas law may provide that the owner of the mineral interest has the right to use
groundwater for oil and gas operations. Any such usage by the owner of the mineral interest shall
not affect the validity or enforceability of this permanent restriction against groundwater use or
water wells.
[SIGNATURE PAGES FOLLOW]
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED—Page 1
EXECUTED this day of 2021.
CITY OF BAYTOWN,
a municipal corporation
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me this day of , 2021, by
, as of the City of Baytown, a municipal
corporation, on behalf of said entity.
NOTARY PUBLIC, STATE OF TEXAS
Approved as to form:
Karen L. Horner, City Attorney
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED—Signature
Page
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
DEED ONE:
TRACT 1
BEING a parcel or tract of land located in the William Scott
Upper League , A-66 , Harris County , Texas , and being a portion
of that certain 100 acre tract of land described by instrument
recorded in Volume 400, at Page 649 of the Contract Records
of Harris County , Texas, and being more particularly described
by metes and bounds as follows :
COMMENCING at the point of the intersection of the East
right-of-way line of Missouri Street with the North
right-of--way line of State Highway No. 146; and
THENCE, South 00 3 ' 38" West over and across State
Highway 146 , a distance of 319.48 feet to a point
located in the South right-of-way line of State Highway
146 ; being also the North line of a certain tract of
land purchased by the City of Baytown from W. C. Britton ;
and
THENCE, North 890 54 ' West along the South right-of-way
line of State Highway 146 and the North line of the
aforementioned City of Baytown tract , a distance of
905.42 feet to the POINT OF BEGINNING of the herein
described tract ; and
THENCE, from the POINT OF BEGINNING, South 470 50' East
along the South line of the aforementioned City of
Baytown tract, a distance of 1580.00 feet for corner
located in the Westerly shoreline of Goose Creek Stream;
and
THENCE, South 250 6 ' 30" East along the Westerly shorelinE
of Goose Creek Stream, a distance of 361. 5 feet ; and
THENCE, South 20 22 ' West continuing with the Westerly
shoreline of Goose Creek Stream, a distance of 132.80
feet to the Northeast corner of a tract of land owned,
or formerly owned, by C. W. Harrell ; and
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED,Exhibit A—
Pagc 1
THENCE, North 470 50' West along the North line of the
aforementioned Ilarrel.l tract , a distance of M. 40
feet to a point l.ocatod in the Southeasterly right-of-
way line of State Highlvay 1.46 ; and
THENCE , North 720 3 ' East along the Southeasterly
right-of-way line of State highway 146 , a distance of
278. 9 feat to the POINT OF BEGTNNTNG , enclosing a tract
of land containing 10. 5669 acres , more or less .
TRACT
BEING a parcel or tract of land out of the William Scott
Upper League , A-GG , Ilarri s County , Texas , and being a part
of than certain 1.00 acre tract; of :land described by iris trumenL
recorded in Volume 100 , at Page 649 of the Contract Records
of Hart-is County , 'Texas , and bei nI; more part i_cul arl y described
by metes and bounds as follows :
COMMENCING at the point of' int:ersection of the Eal.;t
right-of-way line of Illi5S0111•.i S Lrect , wi Lh the North
right-cf-way line of State Highway No. 146 ; and
THENCE, South Oc' 03 ' 38" West ()ver and across State
Highway 1.46 , a distance of 319 . 48 feet to a poi nt:
located in the, Sout:fi right-or-way line of St:a.te Ei i ghcvay
1.46 , said South right-of-Way line also being the North
line of' a tract of Land conveyed to the City of Baytown
by W. C. Britton ; and
THENCE , North 890 5.1 ' West along the South right-of-%vay
line of State Highway 1.46 and the North line of the
aforei;ientir�necl City of Bayt(mvit tract , a distance of
905. 42 feet to the Southwest corner of the aforementioned
City of Baytown tract , said corner also being the
Northwest corner of a 10 . 5668 acre tract owned by Don
FausL , cat. at ; dha B .F .B. , TNC. ; and
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED,Exhibit A-
Page 2
THENCE , South 720 63 ' `',rest: along the Southeasterly
right--of-way line of Stage Highway 146 and the West
line of the aforementioned 10 . 5668 acre Dnn FaLtst:
tract , r distance of 278 . 8 feet to the Southwest corner
of the said 1.0 . 5668 acre tract , being also located in
the North line of a certain tract of land awned , or
formerly owned by C. W. Harrell ; and
THENCE , continuing with the Southeasterly right-of-way
line of State IIighway 146 , South 720 03 ' West: a distance
of 262 . 35 feet to the, Scan th tine of the aforementioned
C. W. Harrell tract ; and
THENCE , South 470 50 ' East along the South line of the
C. IV. Harrell tract a di stance. of 489 . 12 feet; to the
POIN`1' OIL BEGINNING ; and
THENCI1". , South 470 50 ' East along the South line Off the
C. W . Harrell tract a distance of 2105 . 88 feet to the
Westerly shore of Goose Creek Stream ; and
THENCE , SOL.Ittie.rly and Westerl.y with the meanders of the
Westerly shore of Goose Creek Stream as Follows- : South
2G1' 51 ' West , a distance of 300 . 00 ' ; South 421) 42 '
West , a distance of 191 . 00 ' ; 4and South 540 33 ' West , a.
distance of 174 . 001 to t:he paint of confluence, of -t.11(3
Westerly shore of Goose Creek Stream with the Northerly
Shore of Black Duck Bay ; and
THENCE , _lortherly and Westerly with the meanders of the
Northerly share of Black Duck Bay as follows : North
67c' 1.4 ' West 334 . 001 ; North 450 21 ' West 367 . 00 ' ; North
570 30 ' West , a distance of 400 . 00 ' ; North 5-50 55 '
West , a distance of 572 . 00 ' ; forth 580 411 ' West , a
distance of 384 . 00 ' ; :N'ort:h 330 14 ' West , a distance or
367 . 00 ' ; North 650 05 ' West ) a distance of 263 . 09 ' ; and
THENCE , North 680 56 ' bast with the Southeasterly line
of 10 acres , a distance of. 1065 . 22 ' to the POINT OF
BEGINNING enclosing a t:rac;t of land containing 45 . 3774
acres , more or less .
DEED TWO:
12.34 acres out of the subdivision of the Bryan-Chapman 120 acres, out of the South part of the
William Scott Upper League, at Goose Creek, in Harris County, Texas; said 12.34 acres lying
between Goose Creek and Black Duck Bay, south of State Highway 146, the Bryan-Chapman
Interests to C.W. Harral, Trustee, which 12.34 acres is more particularly described in the deed
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED,Exhibit A-
Page 3
dated January 29, 1908, from Bryan-Chapman to C.W. Harral, Trustee, recorded in Book 220,
Page 436, in the Deed Records of Harris County, Texas, to which reference is here made.
Save and except, and there is hereby reserved unto Grantor, its heirs and assigns, all of the oil, gas
and other minerals in and under and that may be produced from the above described property.
MODIFICATION OF SPECIAL WARRANTY DEED OF DEDICATION AND WARRANTY DEED,Exhibit A—
Pagc 4
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