Deeds - 3/17/1994 - Gift Deed CoH Gibbs Brothers & Company - 2099(12,65
GIFT DEED CITY SECRETARY FILE
I.D.# ;061'i
Date: March 17, 1994.
Grantors: GIBBS BROTHERS & COMPANY.
Grantors' mailing address: 11181/2 11th Street, Huntsville (Walker County), Texas 77340.
Grantee: THE CITY OF HUNTSVILLE, TEXAS, a home rule municipal corporation.
Grantee's mailing address: 1212 Avenue M, Huntsville (Walker County), Texas 77340.
Consideration: Ten ($10.00) and as a gift to the citizens of the Huntsville.
Property: Project No. 93 -12 -02
Gibbs Brothers and Company
Being 5.785 acres of land, 252,011.40 square feet, more or less, situated in the H. D.
RIPLEY SURVEY, Abstract No. 489, Walker County, Texas and being out of and a part
of a 1208 acre residue tract as described in a Deed from T. F. Sims, Administrator of the
Estate of George W. Grant to S. E. Gibbs, dated December 20, 1900 and recorded in
Volume 16, Page 235, Deed Records of Walker County, Texas, the 5.785 acres being more
definitely described as follows:
BEGINNING at a found concrete monument in the southwest right -of -way line of S. H.
75, same being the north corner of a called 0.99 of an acre tract as described in a Deed
from Janet L. Vickrey, et al to Lynn D. Boone, dated July 6, 1978 and recorded in Volume
322, Page 413, Deed Records, said corner being the east corner of the herein described
tract;
THENCE S52 °26'34.1 "W, with the northwest line of said Boone tract, for a distance of
392.90 feet to a point for the west corner of said Boone tract, said point being located in
a curve to the left in the northeast right -of -way line of I. H. 45 and also being the south
corner of the herein described tract;
THENCE with said curve to the left having a radius of 5929.58', central angle of
10 °40'14.1" and a chord bearing of N22 °48'25.2 "W 1102.78 feet to a point for the west
corner of the herein described tract, from said point found a concrete right -of -way
monument which bears N47 °49'51.1 "W -2.86 feet;
THENCE N61 °53'42.7 "E, continuing with a right -of -way line of said I. H. 45, for a
distance of 118.05 feet to a point for the north corner of the herein described tract, from
said point found a concrete right -of -way monument which bears N28 °38'40.5 "W -14.83
feet;
THENCE S37 °19'14.8 "E, with the southwest right -of -way line of said S. H. 75, for a
distance of 1047.06 feet to the PLACE OF BEGINNING.
JERRY NEMEC, R.P.S. NO. 2271
Reservations and exceptions to Conveyance and Warranty:
1. This conveyance is made upon the condition that the land described shall be
forever held and maintained by the City of Huntsville as a public park, to be
improved and cared for under the direction and supervision of the City.
2. If the City, for any reason, discontinues the use of this property as a park or
desires to convey this property to any other person, then Grantors shall first have
the option to purchase this property at its appraised value at that time.
voL 0221 PA( 337
•
Whenever the City shall no longer desire to use or occupy this property for park
purposes, then the City shall notify the Grantors in writing to that effect.
Grantors shall then have the right to accept this option and purchase this property
at any time within one (1) year from the receipt of the notice.
3. There is expressly reserved and excepted out of this conveyance in favor of Grantor
herein, its successors or assigns forever, all of the oil, gas and other minerals in and
under and that may be produced from the lands and premises herein conveyed;
provided, however, Grantors are not reserving any rights of ingress or egress or
any surface rights for purposes of drilling, mining, exploring, producing or
developing the reserved minerals, it being agreed and understood that exploration,
drilling, mining, production, development or related activities for the recover of
said reserved minerals shall be limited to slant - drilling operations and other
operations conducted on adjacent or nearby tracts of land and not on the land and
premises herein conveyed.
4. This conveyance is made and accepted subject to any and all covenants, conditions,
restrictions, reservations, easements and right -of -way, if any, relating to the
hereinabove described property, to the extent, and only to the extent, that the
same may still be in force and effect shown of record in the office of the County
Clerk of Walker County, Texas.
5. This conveyance is made subject to all property taxes on the property for 1994, the
payment of which the City assumes.
Grantors, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grant, sell and convey to the City the property, together with
all and singular the rights and appurtenances thereto in any wise belonging, to have and
hold it to the City, its successors or assigns forever. Grantors bind themselves, their heirs,
executors, and assigns to warrant and forever defend all and singular the property to the
City and the City's successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
GIBBS BROTHERS & COMPANY
By Age t and Attorn y -in act
(Acknowledgment)
State of Texas
County of Walker
This instrument was acknowledged before me on the 28th day of April , 1994,
by Thomas G. Gee as Agent and Attorney -in -fact for Gibbs Brothers &
Company.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF WALKER
i, James D. Patton, County Clerk in and for Ws i'.ter
County, Texas do hereby certify that this instrumert
was filed for record in the volume and page of t<<
named record and at the time and date as stamp.:
hereon by me.
JAMES D. PATTON, CLERK
WALKER COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
voi.. 02?1 Pact 338