P. Gray League, A-24, 0.548ac. Deed without Warranty, 11-13-09CITY SEC.E35A Y FILE
ID.#
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 STATE OF TEXAS,on behalf of the Texas Board of Criminal Justice for use and
benefit of the Texas Department of Criminal Justice by and through Oliver J. Bell, Chairman of
the TEXAS BOARD OF CRIMINAL JUSTICE ("Grantor"), by virtue of the authority vested
by Texas Natural Resources Code § 51.012, 31.061 and Chapter 32, Subchapter G, 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 1.450 acres of land
to the State of Texas for the use and benefit of the Texas Department of Criminal Justice has
GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL, and CONVEY unto the CITY OF HUNTSVILLE for the use and benefit of
the City of Huntsville, ("Grantee"), whose mailing address is 1212 Avenue M, Huntsville, Texas
77340, the following described tracts of land (the "Property") in Walker County, Texas:
Being 0.548 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 and a
0.752 of an acre of land, also out of the PLEASANT GRAY LEAGUE, Abstract No. 24
and being more particularly described as shown in Exhibit "B" attached hereto, both
being 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 OTT-TER ASSERTION OF THE
STATE OF TEXAS, AS GRANTOR, INCLUDING THE GENERAL LAND OFFICE, THE
SCHOOL LAND BOARD, OR ANY OFFICIAL, AGENT, REPRESENTATIVE OR
B1<
Vc 1 P
0000 2 20 OR
924 780
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.
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 CO"-' day of December- , 2009.
GRANTOR:
STATE OF TEXAS
COUNTY OF WA4 R
Before me, Zv,Ss v- on this day personally appeared OLIVER J.
BELL,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 T' day of IQc..ern e.),r. , 2009.
The STATE OF TEXAS by and through
The Texas Board of Criminal Justice for use
And benefit of the exas Department of
Criminal Jus
Oliver J. Bell airman
TEXAS BO •'''!F CRIMINAL JUSTICE
§
§
ff Susan J. McHenry
2;^1^•°';
Notary Public
.
*:
State of Texas1%, ...,/ My Commission Expires
MAY 12, 2010
NOTARY WITHOUT BOND
After recording return to:
F "er
2405 A me I, Suite E
Hunt ille, exas 77340
8-;
V era JL
Paw
NOTARY PUBLIC, TE OF TEXAS
My commission expires:
0 :u00, 220 OR
924 7 81
d
CITY OF HUNTSVILLE, TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
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 0.548 acre, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker County,
Texas, and a part 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, said 0.548 acre being IN CONFLICT WITH and a part 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 of Walker County,
Texas, said 0.548 acre being more particularity described by metes and bounds as follows;
BEGINNING at a''' A" iron rod with aluminum cap set within said North Park Addition, Section 1
having coordinates of N= 10,263,598.21 feet and E= 3,794,303.29 feet for southwest corner of said Texas
Prison Board 51.4 acre tract;
THENCE N 02°34'57"W, with the west line of said Texas Prison Board 51.4 acre tract, a distance
of 165.48 feet to its intersection with the northeast line of said North Park Addition, Section 1, set a 'A"
iron rod with aluminum cap near a barbed wire fence for the north corner of the herein described 0.548
acre tract;
THENCE S 57°04'04"E, with the northeast line of said North Park Addition, Section 1 across said
Texas Prison Board 51.4 acre tract and generally following said barbed wire fence, at 101.10 feet pass a
3/8" iron rod found for the east corner of Lot 14, Block 7 of said North Park Addition, Section 1,
continuing with said line and fence, a total distance of 354.70 feet to an intersection with the south line of
said Texas Prison Board 51.4 acre tract, set a 'A" iron rod with aluminum cap for the east corner of the
herein described 0.548 acre tract and from which a 5" diameter square concrete monument found, top
broken flush withthe ground, for southeast corner of said Texas Prison Board 51.4 acre tract bears
S 84°34'57" E- 1090.79 feet;
THENCE N 84°34'57"W, within said North Park Addition, Section 1 and along the south line of
said Texas Prison Board 51.4 acre tract, a distance of 291.55 feet to the POINT OF BEGINNING.
NO
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.
Signed a9J---
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Project No. 0411-15
C:1COH061PS10411151041115 B.fns.doc
Bk
00 008220 OR
Psto g
V."924
CITY OF HUNTSVILLE, TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
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 0.752 acre, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker County,
Texas, and a part of a called 1.4 acre tract described as "Tract No. 2" in a Deed from Ben Campbell to the
State of Texas dated December 30, 1931 recorded in Volume 71, page 30, Deed Records of Walker
County, Texas, said 0.752 acre being included 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, said 0.752 acre being more particularity
described by metes and bounds as follows;
BEGINNING at a 4" square concrete monument (16" up) scribed "Texas Prison Line" having
coordinates of N= 10,262,545.60 feet and E= 3,798,100.81 feet for a reentrant corner of said State of
Texas 1.4 acre tract said concrete monument being situated of the southwest side of the intersection of
Avenue M and Thomason Street (formerly know as State Dairy Farm Road) and being at or near the
northeast corner of the M. E. Thomason Subdivision according to a Plat recorded in Volume 113, page
631, Deed Records;
THENCE N 78°29'26"W, with the south line of said "Prison Dairy" survey, the north line of said
M. E. Thomason Subdivision and the north line of a called 1 acre tract described in a Deed from Estate of
W. A. Eastham to City of Huntsville dated November 25, 1916 recorded in Volume 39, page 382, Deed
Records, a distance of 764.19 feet to a point for corner in the center of a watercourse known locally as
Town Branch for the southwest corner of said State of Texas 1.4 acre tract, the northwest corner of said
City of Huntsville 1 acre tract, the northeast corner of a called 33.45 acre tract described in a Gift Deed
from the Heirs of Marguerite Eastham Thomason to the City of Huntsville dated December 12, 1990
recorded in Volume 131, page 809, Official Public Records of Walker County, Texas and the southeast
corner of a called 100 acre tract described as "Tract No. 1" in Said Deed to the State of Texas recorded in
Volume 71, page 30, Deed Records;
THENCE down Town Branch, with its meanders, being the common line of said State of Texas 1.4
acre and 100 acre tracts as follows:
(1) N 53°02'52"E a distance of 133.92 feet to a point for corner;
and (2) N 17°02'51"E a distance of 49.69 feet to a point for northwest corner of said State of
Texas 1.4 acre tract and a southwest corner of a called 7 acre tract described in a Deed from Gibbs
Brothers & Company to the City of Huntsville dated April 20, 1939 recorded in Volume 92, page
3, Deed Records;
THENCE with common lines of said State of Texas 1.4 acre and City of Huntsville 7 acre tracts as
follows:
(1)S 78°29'26"E a distance of 17.04 feet to a point for corner;
(2)S 11°30'34"W a distance of 111.10 feet to a'/z" iron rod with aluminum cap set for corner;
and (3) S 78°29'26"E a distance of 649.03 feet to a'A"hole drilled in a rock and mortar structure
for the southeast corner of said City of Huntsville 7 acre tract and the northeast corner of the herein
described 0.752 acre;
THENCE S 04°50'04"W, across said State of Texas 1.4 acre tract, a distance of 38.86 feet to the
POINT OF BEGINNING.
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2C OR
924
F°t
0.752 Ac. PARCEL C
COHJTDCJ Exchange
P. GRAY LGE., A-24
Walker County, Texas
Page
2
Vi Psi
00008220 OR 924 784
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.
/,
Signed
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Surveyed: December 19, 2006.
Project No. 04-11-15
C;1COH061PS1041115\041115 C.fns.doc
Filed for Record in:
Walker County
On: Dec 21,2009 at 10:10A
As a
Recordings
Document Number:
00008220
Amount
27.00
Recei pt plumber - 42012
Pry:
Jeana Doan
STATE OF TEXAS
COUNTY OF WALKER
I hereby certify that this instrument was
filed on the date and time stamped hereon bH me
and was duly recorded in the volume and page
of the named records of:
Walker County
as stamped hereon by me.
Dec 21x2009
James Fattonx Counts Clerk
Walker County
EDIT "A"
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