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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