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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: V e •� o ANGCI A CKSON, Interim SSSS perk j ���•O•°•••••°�°+ 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 4822-7922-6868v.4