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Deeds - 8/13/2014 - Deed Without Warranty, CS#4072 - Property Exchange w/TxDoT - Tract 2, 2313 sq. ft. parcel, Elihu Davids,A-157 - GF#2014-03-266 WALKER COUNTY TITLE COMPANY Established 1898 1109 UNIVERSITY AVENUE LLOYD C.MARTIN HUNTSVILLE, TEXAS 77340 HURLENE SAVAGE PRESIDENT VICE PRESIDENT GENERAL MANAGER JOE B.HENDERSON,JR. EXECUTIVE VICE PRESIDENT TELEPHONE 936/295-8173 FAX 936/295-0371 August 13, 2014 City of Huntsville Attn: Gene Woods 1212 Avenue M Huntsville, Tx 77340 GF#2014 03 266 Property Exchange City of Huntsville & Texas Dept. of Transportation Gentlemen: Enclosed you will find the recorded Deed Without Warranty from Texas Department of Transportation, along with a state warranty in the amount of$65.00 which is the agreed upon amount payable to the City of Huntsville. Walker County Title Company has endorsed this warrant. If you have any questions, please let me know. 7 Sincerely, dy ThYrn ton Escrow Officer cc: Darrell Kolwes Texas Dept. of Transportation 2591 N. Earl Rudder Freeway Bryan, Texas 77803 Serving San Jacinto County Since 1972 r 00005668 OR 1134 216 DEED WITHOUT WARRANTY Rl siura ko: WALKER COUNTY Y TITLE COMPANY STATE OF TEXAS § 1109 UNIVERSITY AVENUE § HUNTSVILLE, TEXAS 77340 COUNTY OF WALKER § GF# p/ THE STATE OF TEXAS, acting through the Texas Transportation Commission and on behalf of the Texas Department of Transportation, hereinafter referred to as Grantor, pursuant to Minute Order 113959 passed by the Texas Transportation Commission on May 29, 2014, as shown by the official minutes of the Texas Transportation Commission, in consideration of the sum of TEN DOLLARS and other good and valuable consideration to Grantor in hand paid by the CITY OF HUNTSVILLE, TEXAS, hereinafter referred to as Grantee, whether one or more, the receipt and sufficiency of which is hereby acknowledged and confessed and for which no lien is retained, either express or implied, has this day Sold and by these presents does Grant, Bargain, Sell and Convey unto Grantee all of Grantor's right, title and interest in and to that certain tract or parcel of land situated in Walker County, Texas, said land being more particularly described in Exhibit A, attached hereto and made a part hereof; SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of Grantor's right, title and interest, if any, in and to all of the oil, gas, sulphur and other minerals, of every kind and character, in, on, under and that may be produced from the property described in Exhibit A, but Grantor waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same, provided, however,that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of said property. This transaction is pursuant to an exchange of land between Grantor and Grantee. Anything herein to the contrary notwithstanding, this conveyance is made subject to the rights of any and all existing public utilities or common carriers in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, Section 202.029. Any required adjustment will be at no cost to Grantor. In addition, this conveyance is subject to all matters of public record and to all easements, leases, agreements or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation or inquiry, including but not limited to the rights of parties in possession. BY THE ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE PROPERTY. GRANTEE REPRESENTS THAT GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN EXPERTISE AND THAT OF ITS CONSULTANTS, AND THAT GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS RELYING UPON SAME, AND HEREBY ASSUMES THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND fL Vol F's PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN, BY GRANTOR. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM GRANTEE'S USE, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. WITHOUT LIMITING THE GENERAL PROVISIONS ABOVE, IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE; (b) ZONING; (c) TAX CONSEQUENCES; (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS; (e) AVAILABILITY OF ACCESS, INGRESS OR EGRESS; (f) OPERATING HISTORY OR PROJECTIONS; (g) VALUATION; (h) AVAILABILITY AND ADEQUACY OF UTILITIES; (i) GOVERNMENTAL APPROVALS; 0) GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR USE OR PURPOSE; (2) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY OF THE PROPERTY; AND (3) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTOR IS NOT REPRESENTING OR WARRANTING THAT ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH GRANTEE'S OR GRANTOR'S EFFORTS WITH REGARD TO THE PLANNING, PLATTING OR ZONING PROCESS OF ANY GOVERNMENTAL AUTHORITIES, BOARDS OR ENTITIES. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF ANY STATE OR FEDERAL AUTHORITY OR JURISDICTION. This Deed without Warranty is expressly made by Grantor and accepted by Grantee without any warranty of title of any kind, oral or written, express or implied, whether existing by common law or by statute or any other manner. Grantee expressly agrees that the implied covenants set forth in Section 5.023 of the Texas Property Code are not applicable to this Deed without Warranty. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors and/or assigns forever, subject to the reservations and exceptions described herein. 2 E_,k V C3 1 P:q 1--10005668 OR 1134 218 IN TESTIMONY WHEREOF,I have caused the Seal of the State to be affixed. Executed this the day of ' 2014. RICK PERRY GOVERNOR OF TEXA Reco ded for A val: LtGenF. Weber, USMC (Ret) E ecutive Director Approved: Greg Abbott Attest: Attorney General NolvP17ASO"Ay By: ✓ & Nandita Berry A hony J. azi Secretary of State Assista t Attorne General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE GOVERNOR. 3 EXHIBIT "-A—" CITY OF HUNTSVDAXq 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 c atify 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 dt Geodetic Survey)Primary Airport Control Station(PACS) monument designated"739 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'%)eode is Horizontal"by dividing by a combined scale factor of 0.99988. TRACT 2- TAWT to COH 2,313 SQUARE FOOT PARCEL UPON TEXAS DEPARTMENT OF TRANSPORTdTIONPROPER.TY ELIHUDAY=SURVEY,A-157, WALKER COUNTY, TEXAS Being a parcel of land,containing 2,313 square feet of land,more or less,situated in the ELIHU DAVIDS SURVEY,Abstract No. 157,WaHm County,Texas,and being out of,upon and a part of the following: (1) a called 0.339 acre parcel described,as"Parcel 52",in a Deed firm Fred B.Smith,Jr.and wife, Mae Belle Smith to the State of Texas dated September 24, 1969 and recorded in Vohune 223, page 416,Deed Records of Walker County,Texas; (2) a called 13.129 acre parcel described,as"Parcel 56B , in a Deed from Marion Rath Powell to the State of Texas dated July 3, 1970 and recorded in Volume 228,page 722,Deed Records; said State of Texas parcels being a portion of the right-of-way of State Highway No. 19(formerly known as Loop 405),said 2,313 square feet and being described by metes and bounds as follows: COMMENCING,for reference only,at the intersection of the west right-of-way line of State Highway No. 19 with the northeast right-of-way line of Stant Highway No.75,said Stde Highway No. 75's right-of-way being 80 feet in width according to a Quit Claim Deed from Mary H.Rather to Walker County,Texas dated February 18, 1925 and recorded in Volume 54,page 529,Deed Records,said point of commencing being a 5B"iron rod,having coordinates of N- 10,248,912.12 feet and E=3,805,589.59 feet,found for the south corner of a called 0.339 acre parcel described,as"Parcel 52",in a Deed from Pagel of 3 C.O.H.Water Well No. 13 vc)1 P23 TRACT 2—TXDOT to COH 0`0 0=0 CI 05 6 6 S 0 R 1 1-3 4 220 L DAVIDS SUR,A-157 Walker Conray,Texas Fred B.Smith,Jr. and wife,Mae Belle Smith to the State of Texas dated September 24, 1969 and recorded in Volume 223,page 416,Deed Records and the southwest corner of LOT 1 of the McCOY ADDMON subdivision as delineated on a Plat recorded in Volume 3,page 3,Plat Records of Walker County,Texas; THENCE N 40°44'49"W,with the northeast right-of-way line of State Highway No.75 and the southwest line of said State of Texas"Parcel 52",a distance of 242.99 feet to the southwest corner of a called 50 foot by 5 foot parcel described in a Deed from Fred B. Smith,Jr.,and wife Mae Belle Smith to the City of Huntsville,Texas(City),dated April 27, 1962 and recorded in Volume 182,page 227,Deed Records,set a masonry nail with a 1-1/2"steel washer stamped"L.E.Woods R.P.L.S.2524"for corner in a newly constructed concrete sidewalk,from which a point for corner in a newly constructed traffic on-ramp for State Highway No. 19 for the northwest corner of said City 50 foot by 50 foot parcel and the most southerly southwest corner of a called 13.129 acre parcel described,as"Parcel 56B",in a Deed from Marion Rather Powell to the State of Texas dated July 3, 1970 and recorded in Volume 228,page 722,Deed Records,bears N 40044'49"W:54.99 feet and a concrete right-of-way monument(TxDot Type 1),found with a broken top,for the most westerly southwest comer of said State of Texas"Parcel 56B"11 bears N 40044'49"W 808.46 feet; THENCE N 87°15'30"E,with the south line of said City 50 foot by 5 foot parcel,a distance of 19.03 feet to the POINT OF BEGINNING,a point for corner; THENCE N 87°15'30"E,continuing with the south line of said City 50 foot by 5 foot parcel,a distance of 30.96 feet to a point for southeast comer of said City 50 foot by 5 foot parcel; THENCE N 40°44'49"W,with the northeast line of said City 50 foot by 5 foot parcel and the northeast line of a called 50 foot by 50 foot parcel described in a Deed Fred B.Smith,Jr.,and wife Mae Belle Smith to the City of Huntsville,Texas,dated June 26, t958 and recorded in Volume 159,pop 298,Deed Records,a distance of 30.78 feet to a point for corner in the common line of said City 50 foot by 50 font parcel and said State of Texas"Parcel 52"; THENCE N 4901511"11"E,across said State of Texas"Parcel 52",at 30.98 feet pass the common line of said State of Texas"Parcels 52 and 56B",continuing N 49°15'11"E,a total distance of 41.35 feet to an iron rod with aluminum cap set for the most northerly comer of the herein described 2,313 square feet of land; THENCE S 11*08'50"E,a distance of 26.05 feet to a point within said State of Texas"Parcel 52"for corner, THENCE N 7805 i'10"E,a distance of 12.73 fret to a point within said State of Texas"Parcel 52"for corner, THENCE N 18°51'10"E,a distance of 14.22 feet to a point in the west line of a newly constructed concrete driveway permitted by the Texas Department of Tion to Montwalk Holdings,Ltd.under Permit Number W-9632,dated February 14,2012,of which a portion of this Page 2 of 3 C.O.H.Water Well No. 13 TRACT 2—TXDOT to COM L Ft V io l P:q E.DAVIDS SUR.,A-157 C'10 01-a- ,fir 6 8 0 R 1134 2 21 Walker County,Texas driveway,permitted under W-9632,was granted by Montwalk Holdings,Ltd.to the City Of Huntsville, Texas by a Consent to Use Driveway,dated August 17,2012 and recorded in Volume 1040,page 363, Official Public Records of Walker County,Texas and was acknowledged by a Letter from the Texas Department of Transportation to the City of Huntsville,dated May 14,2013,filed as City Secretary File, I.D.#4033; THENCE S 11°08'50"E,along the west line of said concrete driveway,a distance of 55.41 feet to point for comer, THENCE N 41°08'50"W,a distance of 17.41 feet to a point within said State of Texas"Parcel 52"for corner, THENCE S 78°51'10"W,a distance of 11.13 feet to an iron rod with aluminum cap set within said State of Texas"Parcel 52"for corner; THENCE S 70132'18"W a distance of 41.89 feet to an iron rod with aluminum cap set within said State of Texas"Parcel 52"for corner; THENCE N 40°4449"W a distance of 20.09 fed to POINT OF BEGINNING. NOTES: 1. For further information,see Plat of Proposed Property Exchange titled"TRACT 2"prepared conctnrendy with the legal description herein. 2. All aluminum caps,noted herein,aro 2"diameter stamped"City of Huntsville L. E. Woods R.P.L.S. 2524". Surveyed:September 2012. Signed r Leonard E.Woods Reg.Prof.Land Surveyor No.2524 4 Y MAMYOROPROJEMMH12VMC MWEYVWB.I SITE IMM OW Swm doeWTRAiCT 2 DON.*&Am LEONARD LWOODS ..;...... ... ... ' 2524 �.Q P e 3 of 3 a8 U i pa - FMACdMC Raw. AIN► Rxwr 7YA0 1! FMt � &aw. � State Highway No. 19 aafl� 10 RJfD01. 71'Da p • IMM AIRRaf1 � �► + sse (formerly Loop 405) z ` wt-of-way width vales = Nmtwaik H*A*V% Ltd m � 4 v. 4iA P 3fa o.PR '0 T-1 � PARCEL 569 - W29 AG (Res. V. Y, p. 127. DA)V. 22$ P. 72Z D.R. dei of [a7y of Nt4Ttfs1►IMlry Texas cNraorchd z 3 V. 159, P. 299r DA w ;,'• V. 18Z P. 227, D.R. Paw ft aMrr • NW ser. C.aur Pr* 148191 .1 PROPERTY LW 'ryT �......ot'3dse' .. r "*`fart :A-t roe t. ,0 Lk" TR>piR 4 vw v E• 3.805,S,3J33 FN- 10.249)44.99 t. :1 Lbs Ne .9mrkq Lw1q►q W L6 1 1 u N 87415W E 19.03 POW r, L2 N 874590' E MM 4%. �� 11bfs ned TRACT FR � 1 Z m L3 N 4744'49' W 30 T8 Na. 13•• �+ ; 84 T t Q a W i t .... }4i l 4K L4 N 494311• E 435 •• U •• LZ U� 2 Q Ki a L5 8 11106157 E 26A3 to• w 4� � ` 0 Q• C L6 N 78'6110• E 12.75 \ Kp, lie VLPOW L7 N [a—AW E 14.22 LB as E 55.41 , 1 V L9 N 4),ca 7 W 17.4 \!� r��y A X ifCCii � F, u0 8 78'5117 M 11J3Zy�q(]PjO(O 1 (p O ul B 7003218' W 41.88 t`� off,. [� I.§2 N 4OW49' w 14)J)9 �► at` s , R-1 1 NOTES I, ~seM rrdse rofe4,d ewers of TRACT 2 an N Amntd edea a y� L 2E on re wMRPAa 232donoter 4- dwrdmn ei slrneed 'CbY of Hunts4Ms. 2. On Mates .ed ewft desee9p M prepared coneaeradt,r hweedll► •• C • .001, N V 3 ReMMd A Cdaa M O EW TO LIK OF DAMWAY RroeMd by Modwda mo FN y�••.�. *W%Lit M a der ty M HuntasM6 Team, 4" AwAt 17. 2012 and i6 recorded in Vat 104M n 34M Of80d tifk Reeerde of Maker Cow \ � VJP6 � Tm� '••• / _ fBI. Letter from No Tawe OgrMneM N TronsflortotMla, doled d May 'S 14, 203. Med as COW6wrefary FIM LD. a 4033. -1,, d#M Bre 4L •• •Cemw to We of DrM"W dourbod Wom t' b Caord mfo Brshmk, Basis Of Boafir" aM Lirow thty Ceerdelo►ae end bw 1 Meson are rdu to Ree tool Cmrdmk SPUN of 1983. Cenrrol �\en •.jl � S Tena, d Owea ed Mw posMon of Nobont 6edk Survey rvey fhmrly knaen m the U. 8. Cent \ $6 l aeodolk Ourvaya PHmwY AbVvt Caelyd 96e1Mn 4PACM eaawre nt desllnew 'T59 A' heNrq fR• pddded NAD 83 899151 cdor*aMs M w 3428,437.782 Meters and E• U54JM435 M ohm ONtaleee ohean Mroea aro LL 9. Survey FeN N 48RBT mfb and Nay be emAwtod ta 4MedeBc Hodemld write by OWW4 by a eafe,,Md seek lector of 0.99988. ♦ •'• 1, Lowd L lrmdl6 oMrgly IMI 11b od ropt" " a ow"v froda \ aM the Read arir atad POW OF C Fc1RPLAT OF SURVEY OF F" &W Z r Losewd E. Woods flat d/A't roI Not Rraf. LRM dlrwyar No. 2324 TRACT 2 E, `3�912 Ft of , usaMe.r la sot2 y'� a ;V4.5 0; OF A PROPERTY EXOf"E BETWEEN THE TEXAS\ e.# DEPARTMENT O.. CITY OF TRANBPORTA I S . AND THE LaosTEX ... E. .......... s -WNTSIVILF \� \ CITY OF FIUHIT8YlLLE '�a 2324 .: SIM DAVIN SUIRVEY, A-157 �t1tN y of CK Ftbk Work 4" 81obe s - WALKER COUNTY. TEXAS TM'I"om�Tnao SEPTEMBER 202 \ J, YAajRVEY0R6%Pft"CTG%.00M2W 9C SLAWMWIELL BITE MTRACT_2_T1f00T.DW8 9CAL.E P - 40 FEET \�Q EXHIBIT ,• �' \ I L 1. VC:)1 P:q 1--10005668 OR 1134 223 Filed for Record in: Walker County On: Aug 13x2014 at 03:21P As a Recordings Document Number: 00005668 Amount: 54,00 Receipt Number - 87428 By Jessica Dykstra STATE OF TEXAS COUNTY OF WALKER I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the named records of: Walker County as stamped hereon by me. Aug 13►2014 Kari A. French► Walker County Clerk Walker County tete o�T `` Texas Tomptrollex of V�xhfir �rrvu is TREASURY WARRANT NO. 151446895 AUGUST D8, 2014 131446895 080714 0006 601 95546547 IXXXXXI4263 011 PAYING AGENCY: 512-486-5633 TEXAS DEPARTMENT OF TRANSPORTATION PAY SIXTY FIVE DOLLARS AND 00/100 $65.00 TO CITY OF HUNTSVILLE I `= AND WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVE HUNTSVILLE, TX 77340-4630 VOID AFTER 08/31/2016 11630411' 1: L L4900 L641: 0 L 3 L0,6139 Silo THE STATE OF TEXAS PAYMENT INFORMATION INVOICE NO. INV.DATE INVOICE DESCRIPTION DOC.NO. INVOICE AMOUNT PID #263902 BRY — LAND ACQUISITION 95546547 $65.00 FOR QUESTIONS ABOUT THIS PAYMENT, PLEASE CONTACT THE TEXAS DEPARTMENT OF TRANSPORTATION AT 512-486-5633. CHOOSE DIRECT DEPOSIT FOR SAFE AND SPEEDY DELIVERY OF YOUR PAYMENTS. GO TO WWW.TXDIRECTDEPOSIT.ORG TO LEARN ABOUT DIRECT DEPOSIT, GET FORMS AND LINK TO SEARCH STATE PAYMENTS ISSUED. UNABLE TO GET TO THE WEBSITE AND NEED A FORM SENT TO YOU? CALL THE COMPTROLLER AT 512-936-8138, OR CALL THE PAYING AGENCY: TEXAS DEPARTMENT OF TRANSPORTATION AT 512-486-5633. PAYEE N0: 1X>0=14263 011 PAYEE NAME: CITY OF HUNTSVILLE WARRANT NO: 131446895 ISSUE DATE: 08/07/2014 WARRANT TOTAL.* $65.00 No. w — NOT NEGOTIABLE — Detach here before depositing \ ^ ) . y � . � ��\ \ ' . 2� \ � 'ZI y (��} ) \ \ \� . ao:i