P. Gray League, A-24, Deed without Warranty, 11-13-09CITY SECRETARY FILE
CITY SECRETARY FILE
4b. #G i
NOTICE OF CONFIDENTIALITY: IF YOU ARE A NATURAL PERSON,YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORD:
YOUR SOCIAL SECURITY NUMBER OF YOUR DRIVERS LICENSE NUMBER.
DEED WITHOUT WARRANTY
STATE OF TEXAS
§
KNOW ALL BY THESE
COUNTY OF WALKER
§
PRESENTS:
That the CITY OF HUNTSVILLE,by and through its City Manager, Bill Baine,
("Grantor") for and in consideration of Ten and No/100 Dollars ($10.00), the receipt and
sufficiency of which are hereby acknowledged, plus the additional consideration of the
conveyance of 0.548 of an acre of land and a 0.752 of an acre of land to the City of
Huntsville for the use and benefit of the City of Huntsville has GRANTED,
BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL, and CONVEY unto the State of Texas by and through the Texas
Board of Criminal Justice, for the use and benefit of the Texas Department of Criminal
Justice, ("Grantee"), whose mailing address is P. O. Box 4004, Huntsville, Texas 77342,
the following described tracts of land (the "Property") in Walker County, Texas:
Being 1.450 of an acre of land, out of the PLEASANT GRAY LEAGUE,
Abstract No. 24 and being more particularly described as shown in Exhibit "A"
attached hereto, made a part hereof and incorporated herein.
TO HAVE AND TO HOLD, subject to the reservations and exceptions herein, the
Property, together with all and singular the rights, improvements and appurtenances
thereto in anywise belonging unto the said Grantee, its successors and assigns forever,
without express or implied warranty.All warranties that might arise by common law
as well as the warranties in Section 5.023 of the Texas Property Code (or its
successor) are excluded.
All oil, gas, and other minerals, mineral rights, and royalty are retained by Grantor.
Grantor reserves the right of ingress and egress to and use of surface to develop the
retained minerals.
GRANTEE AGREES AND ACKNOWLEDGES THAT GRANTOR IS
CONVEYING THE PROPERTY STRICTLY ON AN "AS IS, WHERE IS" BASIS,
WITHOUT WARRANTY, EXPRESS OR IMPLIED, WITH ANY AND ALL
LATENT AND PATENT DEFECTS, GRANTEE HAS INSPECTED THE
PHYSICAL CONDITION OF THE PROPERTY, INCLUDING ALL
IMPROVEMENTS THEREON, AND ACCEPTS TITLE TO THE SAME "AS IS"
IN ITS EXISTING PHYSICAL CONDITION, AND ACCEPTS ANY
LIABILITIES OR COSTS ARISING IN CONNECTION WITH THE
CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO ANY
COSTS OR LIABILITIES PERTAINING TO ANY ENVIRONMENTAL
CONDITION ON THE PROPERTY. GRANTEE ACKNOWLEDGES THAT IT
IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY,
STATEMENT OR O'THE'R ASSERTION OF THE CITY OF HUNTSVILLE, AS
GRANTOR, OR ANY OFFICIAL, AGENT, REPRESENTATIVE OR
EMPLOYEE OF THE FOREGOING, WITH RESPECT TO THE PROPERTY'S
CONDITION, GRANTEE IS RELYING SOLELY AND WHOLLY ON
GRANTEE'S OWN EXAMINATION OF THE PROPERTY. THE STATE OF
TEXAS AND ITS AGENCIES DISCLAIM ANY AND ALL EXPRESS OR
IMPLIED WARRANTIES AND SPECIFICALLY MAKE NO WARRANTIES OF
HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY
PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER, GRANTEE IS PUT
ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE
OF RECORD AND GRANTEE IS ADVISED TO EXAMINE ALL PUBLIC
RECORDS AVAILABLE REGARDING THE PROPERTY.
000082 2 1Copy B -z
V
OR
924 785
This conveyance is made subject to any and all existing covenants, conditions,
reservations, restrictions, rights of way, easements and leases affecting the Property, if
any.
Witness my hand and seal of office effective this the ) kday of MA.\1\r
2009.
GRANTOR:CITY OF HUNTSVILLE
Bill Baine, City Manager
STATE OF TEXAS
COUNTY OF WALKER
Before me, Bill Baine, City Manager of Huntsville, Texas, 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.
Given under my hand and seal of office this 1 day of Noi'ew^beX ,2009.
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
`-Jd- car b
;q ^es MARY JOYNER
ST„ CE OF TEXAS::vrnrn.Exp.08/16/2010;':Pggq4q;.q.c444g4##4#4i###ii####f^
After recording return to:
Dian F er
2405
nue I, Suite E
Hun ille, Texas 77340
B 1-w
Va .
F°
00008221 OR.
924 786
CITY OF HUNTSVILLE, TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
k
v ,o, 1
P
COUNTY OF WALKER §
000082 2 I OR
924 787
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the
following field notes represent a survey made on the ground of the following described tract or parcel of
land located in Walker County, Texas. Coordinates and bearings herein are referred to the Texas
Coordinate System of 1983, Central Zone and are based on the position of National Geodetic Survey
(formerly known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS)
monument designated "T39 A" having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters
and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in "Grid" units and may be
converted to "Geodetic Horizontal" by dividing by a combined scale factor of 0.99988.
Being 1.450 acres, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker
County, Texas, and a part of a called 38.05 acre tract described in a Deed from J. L. Pritchett to B. A.
Eastham dated November 01, 1901 recorded in Volume 10, page 216, Deed Records of Walker County,
Texas and a called 25.6 acre tract described in cause No. 9196 styled B. A. Eastham vs. Bankers Mortgage
Company dated June 8, 1934 recorded in Volume PP, page 42, District Court Minutes of Walker County,
Texas, said 1.450 acres being more particularity described by metes and bounds as follows;
BEGINNING at a 4" square concrete monument (24" up) scribed "Texas Prison Line" found near
a fence corner post and having coordinates of N= 10,262,992.81 feet and E= 3,795,925.54 feet for an
angle corner in the northeast line of said Eastham 38.05 acre tract and an angle corner in the southwest line
of a called 100 acre tract described as "Tract No. 1" in a Deed from Ben Campbell to the State of Texas
dated December 30, 1931 recorded in Volume 71, page 30, Deed Records said concrete monument being
referenced in the "Prison Dairy" survey of 92.77 acres by Ralph J. McMahon contained in Reclamation
Department Bulletin No. 26, dated February 1935, archived at the Texas State Library and Archives
Commission, Austin, Texas;
THENCE N 20°35'19"W, the common line of said Eastham 38.05 acre and said State of Texas
92.77 acre tracts, a distance of 510.55 feet to aY2"iron rod with aluminum cap set for the most northerly
northeast corner of said Eastham 38.05 acre tract and a reentrant corner of said State of Texas 92.77 acre
tract;
THENCE S 87°22'41"W, continuing with the common line of said Eastham 38.05 acre and said
State of Texas 92.77 acre tracts, a distance of 66.61 feet to a 5" diameter square concrete monument
found, top broken flush with the ground, for an angle corner in the north line of said Eastham 38.05 acre
tract, the southwest corner of said State of Texas 92.77 acre tract as established in said "Prison Dairy"
survey and the southeast corner of a called 51.4 acre tract described as "Fifth Tract" in a Deed from T. E.
Humphrey, Jr. to the Texas Prison Board of the State of Texas dated November 16, 1945 recorded in
Volume 112, page 52, Deed Records;
THENCE N 84°34'57"W, with the north lines of said B. A. Eastham 38.05 acre and 25.6 acre
tracts being common with the south line of said Texas Prison Board 51.4 acre tract, a distance of 1090.79
feet to an intersection with the northeast line of North Park Addition, Section 1 according to a subdivision
Plat recorded in Volume 32, page 123, Deed Records, and also recorded in Volume 204, page 756, Deed
Records, this portion of said North Park Addition being described as "Parcel Two" in a Deed from Braxton
Thomason, Jr. to the City of Huntsville dated April 19, 1999 recorded in Volume 385, page 219, Official
Public Records of Walker County, Texas, set aY2" iron rod with aluminum cap for west corner of the
herein described 1.450 acres near a barbed wire fence;
THENCE S 57°04'04"E, with the northeast line of said North Park Addition and generally
following said barbed wire fence, a distance of 112.16 feet to the center of a 36" diameter Elm tree fence
corner, said Elm being called 26" in diameter and an angle corner according to said Plat of North Park
Addition;
THENCE S 85°28'27"E, with the north line of said North Park Addition and the north line of a
called 26.14 acre tract described as "Parcel One" in said Deed to the City of Huntsville recorded in Volume
EXHIBIT "A"
Page 1 of 2
1.450 Ac. PARCEL A
Page
2
COH/TDCJ Exchange
PP. GRAY LGE., A-24
Walker County, Texas
0000in,221
OR
924 783
385, page 219, Official Public Records and generally following said barbed wire fence, a distance of
1013.44 feet to a Y2"iron rod with aluminum cap set for corner on the northeast side of a fence corner post
for the northeast corner of said City of Huntsville 26.14 acre tract;
THENCE S 27°30'46"E, with the northeast line of said City of Huntsville 26.14 acre tract and
generally following said barbed wire fence, a distance of 492.65 feet to the POINT OF BEGINNING.
NOTES:
1.All aluminum caps, referenced herein, are 2" diameter and stamped "City of Huntsville L E Woods
RPLS 2524".
2.For further information, see Plat labeled "Selected Boundary Line of Eastham-Thomason Park"
prepared concurrently with the legal description herein.
Surveyed: December 19, 2006.
Project No. 04-11-15
C:\COH06\PS1041115\041115 A.fns.doc
Filed for Record in=
Walker Count,
On: Dec 21 2009 at ioliiA
As e
Recordings
Document Number:
00008221
Amount:
23.01 i
Recei pt plumber - 42012
Buy
Jeana Doan
STATE OF TEXAS
COUNTY OF WALKER
1 hereby certify that this instrument was
filed on the date and time stamped hereon by me
and was dull] recorded in the volume and pace
of the named records of=
Walker County
as stamped hereon by me.
Dec 219 2009
James Pattonr County Clerk
Walker Count,
EXHIBIT "A"
Page 2 of 2
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524