Loading...
HomeMy WebLinkAboutR-1987-23 . . RESOLUTION NO. 87- 23 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT DATED OCTOBER 26, 1987, BETWEEN CHARLES BERDON LAWRENCE AND THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves that certain agreement dated October 26, 1987, by and between Berdon Lawrence and the City of La Porte, with attached Exhibit "A" Declaration of Covenants and Restrictions, all in form attached to this Resolution as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The Mayor is authorized to sign on behalf of the City, and the City Secretary to attest, the duplicate originals of such agreement. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this the 23rd day of November, 1987. CITY OF LA PORTE ~~~~~. No n Malone, Mayor - " ATTEST: ~~~ Cherie Black, City Secretary ;;;:~. cL Knox W. Askins, City Attorney .e John Joerns Assistant Ci~ Manager II" I"f ~~eet Grt tJl ~r- j/Dt It:J~ ~ ..l-6 0.5. <67- J3 ..J- rl{ ~j b;{- A e e 6/HFC/LAWRagree AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S This Agreement is made and entered into this the ~~day of October, 1987, by and between CHARLES BERDON LAWRENCE, an individual (hereinafter referred to as "Lawrence"), and the CITY OF LA PORTE, a Texas municipal corporation located in Harris County, Texas (hereinafter referred to as "La Porte"). RECITATIONS A. Lawrence desires La Porte to impose certain covenants, restrictions, and conditions on the use of certain real property which is owned by La Porte in fee simple. B. As consideration for the imposition of said covenants, restrictions, and conditions, La Porte desires Lawrence to execute this Agreement setting forth Lawrence's agreement to pay certain funds to La Porte to be used for certain' purposes as provided herein. AGREEMENTS For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lawrence and La Porte each hereby agree as follows: ARTICLE I CERTAIN DEFINITIONS The following words and terms shall have the following respective definitions when used in this Agreement: 1.1 "State Agreement II means that certain Texas Parks and Wildlife Department Texas Local Parks, Recreation and Open Space Fund Agreement dated May 8, 1987 executed by and between the State of Texas and La Porte. 1.2 Approved Budget" means that certain list of approved expenditures attached to the State Agreement. i e e 1.3 "Capital Im~rovements" means all structures or other improvements of any kind whatsoever, whether above or below grade, including, but not limited to, buildings, utility installations, equipment, storage, loading and parking facilities, sidewalks, walkways, bulkheads and bulkheading, piers, boat launching facilities, driveways, landscaping, statuary, lakes, ponds and pools, walls, fountains, benches, signs, si te lighting, si te grading and earth movement and any additions, changes or alterations thereto and replacements thereof. 1.4 "Parties" means collectively Lawrence and La Porte, the parties to this Agreement. ARTICLE II THE DECLARATION 2.1 The Declaration. In consideration of the mutual covenants and agreements herein contained, La Porte and Lawrence agree to execute and deliver to the other the Declaration of Covenants and Restrictions (hereinafter referred to as the "Declaration") in the form attached hereto as Exhibit "A" and made a part hereof for all intents and purposes for the purpose of imposing certain covenants and restrictions on the use of the Restricted Property (as defined in the Declaration). The Declaration shall be executed concurrently with the payment of the Sylvan Beach Park Amount as provided below. ARTICLE III SYLVAN BEACH PARK CAPITAL IMPROVEMENTS 3.1 Sylvan Beach Park Amount. As consideration for the execution and delivery of the Declaration and for the mutual covenants and agreements herein contained, Lawrence agrees to pay to La Porte on or before fourteen (14) days after the date hereof the sum of $100,000.00 (the "Sylvan Beach Park Amount"). 3.2 Permi tted Use of Funds. Promptly upon the receipt of the Sylvan Beach Park Amount from Lawrence, La Porte agrees to deposit and maintain (subject to being used pursuant to the provisions hereof) same in a separate, interest bearing account at a banking institution of its choice located in Harris County, Texas. All interest earned shall become a part of the Sylvan Beach Park Amount to be used as provided below. La Porte agrees to use the Sylvan Beach Park Amount solely for the construction, expansion, and/or installation of Capi tal Improvements at that certain county park named "Sylvan Beach Park" situated on the coastline of the State of Texas in Harris County, Texas. -2- ., , e e Notwi thstanding the foregoing, if, for any reason, La Porte is unable to use the Sylvan Beach Park Amount for the purposes set forth in the foregoing sentence, La Porte may use such funds for the construction and installation of Capital Improvements at any city park in the discretion of La Porte. In such event, however, La Porte shall send a written notice to Lawrence advising him of such change and setting forth in reasonable detail the use of such funds. ARTICLE IV LITTLE CEDAR BAYOU PARK 4.1 State Agreement. Reference is here made' to the fact that the State Agreement provides for the agreement of the State of Texas to provide certain funds for the construction and installation of certain improvements to a ci ty park known as "Little Cedar Bayou Park" located in the City of La Porte, Harris County, Texas. The purposes for which such funds shall be used is more particularly set forth in the Approved Budget. In accordance with the Approved Budget, a portion of the funds are to be used for the construction and installation of a fishing pier. Pursuant to the Declaration, La Porte has agreed that the fishing pier shall not be constructed and installed on the Restricted Property as originally contemplated. 4.2 Little Cedar Bayou Park Amount. . It is the intention of La Porte to use the funds allocated for the fishing pier for other improvements to the Little Cedar Bayou Park. If, however, the State of Texas, as a result of La Porte's agreement not to construct -and install the fishing pier on the Restricted Property, refuses to permit all or a portion of the funds allocated for the fishing pier to be used for another purpose and therefore refuses to fund all or a portion of the amount presently allocated for the fishing pier in the Approved Budget (the "Unfunded Amount"), Lawrence agrees to pay to La Porte an amount equal to the lesser of the Unfunded Amount or $35,000.00 (the lesser of said amounts being the "Li t tIe Cedar Bayou Park Amount"). The Little Cedar Bayou Park Amount shall be payable by Lawrence to La Porte within fourteen (14) days aft.r reasonable evidence of the Unfunded Amount is furnished to Lawrence by La Porte. 4.3 Permitted Use of Funds. In the event Lawrence pays the Little Cedar Bayou Park Amount to La Porte, La Porte agrees to deposit and maintain (subject to being used pursuant to the provisions hereof) same in a separate, interest bearing account at a banking institution of its choice located in Harris County, Texas. All interest earned thereon shall become a part of the Little Cedar Bayou Park Amount to be used as provided below. La -3- 7 e e Porte agrees to use the Little Cedar Bayou Park Amount solely for the construction and/or installation of Capital Improvements -(subject to the terms of the Declaration) at Little Cedar" Bayou Park. ARTICLE V DEFAULT AND REMEDIES In the event either Party fails to perform its covenants and obligations hereunder or if the warranties and representations of either Party prove to be untrue in any material respect or if La Porte takes any action which will have the effect of terminating any of the restrictions, covenants, or conditions imposed by the Declaration prior to the expiration of the term of said Declaration, the same shall constitute a default hereunder. In the event of a default hereunder by either Party, the other Party shall be entitled to exercise any and all rights and remedies to which it is entitled at law or in equity or by statute or otherwise and the exercise by such Party of such right or remedy shall not preclude the simultaneous or later exercise by such Party of any other such right or remedy. ARTICLE VI RECORDS AND BOOKS OF ACCOUNT OF LA PORTE La Porte shall keep at the central location where La Porte maintains its financial records, a permanent, accurate set of records and books of account concerning' all funds received from the State of Texas in connection with Little Cedar Bayou Park. All such records shall be retained and preserved until the expiration of two (2) years after the date La Porte receives said funds1 and, in the event Lawrence is required to pay the Little Cedar Bayou Park Amount, such records shall be subject to inspection and audit by Lawrence and his agents at all reasonable times. Lawrence will treat as confidential all such records furnished by La Porte, except to the extent that Lawrence is required to disclose such records to Lawrence's employees, agents, partners, accountants, or attorneys. ARTICLE VII WARRANTIES AND REPRESENTATIONS By execution of this Agreement, La Porte acknowledges, covenants, agrees, warrants, and represents that (a) the execution and delivery of the Declaration and this Agreement (i) is within the power and authority of La Porte, and (ii) has been duly authorized by all requisite municipal corporate action; and -4- . , e e (b) the performance of the terms, prOV1S1ons, and conditions of this Agreement by La Porte and Lawrence serve both a g.eneral public purpose and the general welfare of the residents of the City of La Porte, Harris County, Texas. ARTICLE VIII MISCELLANEOUS 8.1 Notices. Any notice, communication, request, reply, or advice, or duplicate thereof (herein severally and collectively, for convenience, sometimes called "notice"), in this Agreement provided or permitted to be given, made, or accepted by any Party to any other Party must be in writing. Notice given by depositing the same in the United States mail, postage prepaid, registered or certified, and addressed to the Party to be notified, with return receipt requested, shall be effective from and after the expi ra tion of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the Party to be notified. . For purposes of notice, the addresses of the Parties shall, until changed as hereinafter provided, be as follows: Lawrence: Charles Berdon Lawrence P. O. Box 404 La Porte, Texas 77571 La Porte: City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attn: City Manager However, the Parties shall have the right from time to time and at any time to change their respective addresses and each'shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other Party. 8.2 Non-Waiver. No waiver or waivers by any Party of any breach, default, liability, or performance by the other Party shall be deemed or construed a waiver of any other term, condition, or liability or the breach or default thereof. Failure on the part of any Party to complain of any action or inaction on the part of the other Party or to declare the other Party in default, no matter how long such failure may continue, shall not be deemed to be a waiver by such Party of any of its rights hereunder. 8.3 Severability. The Parties intend and believe that each provision in this Agreement comports with all applicable local, -5- .. e e state and federal laws and judicial decisions. However, if any provision or provisions, or if any portion of any provis~on or provisions, in this Agreement is found by a court of law to be in violation of any applicable local, state or federal ordinance, statute, law, administrative or judicial decision, or public policy, and if such court should declare such portion, provision or provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of the Parties that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein, and that the rights, obligations' and interest of Lawrence and La Porte under the remainder of this Agreement shall continue in full force and effect. 8.4 Applicable Law. This Ag"reement shall be construed and enforced in accordance with the laws of the State of Texas. 8.5 Gender and Number. All pronouns used in this Agreement shall include the other genders, and the singular shall include the plural, and the plural shall include the singular, whenever and as often as may be appropriate. 8.6 Captions. The captions under the Article numbers and beside the Section numbers of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement and in no way affect or constitute a part of this Agreement. 8.7 Incorporation of Exhibits. All Exhibits attached hereto are hereby incorporated herein by this reference and made a part hereof for all intents and purposes. . 8.8 Binding Effect. This Agreement and all of its terms and provisions shall be binding upon, inure to the benefit of and shall be enforceable by Lawrence and La Porte and their respective heirs, successors and assigns. 8.9 Time is of the Essence. Time is of the. essence wi th respect to all provisions of this Agreement. 8.10 Amendment of this Agreement. This Agreement sets forth the entire understandings of the Parties and may not ~e modified or amended orally or in any other manner than by an agreement in writing, signed by Lawrence and La Porte. The Parties acknowl- edge and agree that in enter ing into this Agreement that they have not relied upon any representations or warranty of the other Party other than those set forth herein and any prior -6- e e negotiations are merged into this Agreement. 8.11 Attorneys' Fees. If any Party to this Agreement brings any action(s) or proceeding(s) to enforce, protect or establish any right or remedy or collect any amount due under this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs of' such proceeding (s) or action(s). 8.12 Nature of Contract. Nothing contained herein or in the relationship of Lawrence and La Porte shall be deemed to constitute a partnership, joint venture or other similar relationship relative to the ownership and operation of the Restricted. Property, Little Cedar Bayou Park, or Sylvan Beach' Park, it being intended by the Parties that no such relationship exists. IN WITNESS WHEREOF, Lawrence and La Porte have executed one .or more counterparts of this Agreement on the date first written hereinabove. CHARLES BERDON LAWRENCE ATTEST: CITY OF LA PORTE By: Cherie Black, City Secretary By: Norman L. Malone, Mayor APPROVED this the ~~~ day of October, ~ By: ~ r;J. . Knox W. Askins, City Attorney -7- 6/HFC/BLOOB-00l e e DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration of Covenants and Restrictions (this "Declaration") is made as of the ~day of October, 1987, by the CITY OF LA PORTE ("La Porte"), a municipal corporation, of Harris County, Texas and CHARLES BERDON LAWRENCE ("Lawrence"), a resident of La Porte, Harris County, Texas. RECITALS LaPorte is the owner of the fee simple title to the Restricted Property (hereinbelow defined). Lawrence is the owner of a leasehold estate the Leased Property (hereinbelow defined) pursuant to the Lease (hereinbelow defined) and is the owner of the fee simple title to the Adjacent Property (hereinbelow defined). The Leased Property and the Restricted Property abut and share a common boundary line with the Adjacent Property. Further, the Restr icted Property is situated at the mouth of Little Cedar Bayou at its point of intersection with Galveston Bay. LaPorte and Lawrence, desiring to maintain the natural beauty of the coastline and the serenity of the natural state of existence of the Restricted Property, and for and in consideration of the payment of good and valuable considerations to La Porte, the receipt and sufficiency of which is hereby acknowledged and confessed, have executed this Declaration for the purpose of imposing certain covenants and restrictions on the use of the__Restricted Property. DECLARATION ARTICLE I DEFINITIONS The following words and terms when used in this Declaration (unless the context shall otherwise prohibit) shall have the following meanings: 1.01 "Restricted Property"--that certain tract of land situated at the mouth of Little Cedar Bayou, in the City of La Porte, Harris County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto, as said tract may increase or decrease in size due to accretion, erosion, avulsion, or similar act of nature, and all rights, titles and benefits accruing or appurtenant to the ownership of such land. EXHIBIT "A" e e 1.02 "Adjacent Property"--that certain tract of land in the City of La Porte, Harris County, Texas, and being more particularly described by metes and bounds in Exhibit "B" attached hereto. 1.03 "Leased Property"--that certain tract of land in the City of La Porte, Harris County, Texas, being more particularly described in Exhibit "C" attached hereto. 1.04 "Lease"--that certain Lease Agreement dated as of January 1, 1985 by and between La Porte and Lawrence covering the Leased Property for a term of forty (40) years ending December 31, 2024. 1.05 "Benefitted Owner(s)"--(a) singly, any of, and (b) collectively, all of the record owners of the fee simple title to any portion of the Adjacent Property. 1.06 "Improvement" or "Improvements"--all structures or other improvements of any kind whatsoever, whether above or below grade, including, but not limited to, buildings, utility installations, equipment, storage, loading and parking facili ties, sidewalks and walkways, piers, dr i veways, landscaping, statuary, lakes, ponds and pools, walls, fountains, benches, signs, site lighting, si te grading and earth movement and any additions, changes or alterations thereto and replace- ments thereof. 1.07 "Natural State"--with respect to any land so described, the natural state of existence of such land, as of the date hereof, with no changes, Improvement, or Improvements made to the natural landscaping existing on such land except for such service and pruning of trees and other foliage as may reasonably be required to preserve existing nature trails or to preserve or allow the use and servicing of currently existing easements across or under such land. 1.08 "Nature Trail"--a path or route for pedestrian traffic only having a base composed solely of natural vegetation, pine needles, and/or bark mulch which is no wider than three (3) feet at any point. ARTICLE II ESTABLISHMENT; PURPOSE 1 ENFORCEMENT 2.01 Establishment of Covenants and Restrictions. La Porte hereby imposes the following restriction on the Restricted Property: -2- ~~l\-;\?-L\\'01 The Restricted Property shall remain in its Natural \ State during the term of this Declaration and no use of the Restricted Property shall be permitted which, in any way, alters the Natural State thereof other than Nature Trails. Wi thout limiting the generality of the foregoing, no motorized or wheeled vehicles of any kind shall be permitted on the Restricted Property. ~ ~U ~~~~~I ~~J~ ~ ~ ~~J. ~ b1 4c:L~;f s ^- w ~ r...D... c:..,.;.r s . The Restricted Property shall be held, sold, transferred, conveyed, and occupied subject to the covenants and restrictions created and set forth in this Declaration. 2.02 Enforcement. The covenants and restrictions created in this Declaration shall be covenants running with the title to the Restricted Property and be binding upon and enforceable against each purchaser, grantee, owner, or lessee of all or any portion of the Restricted Property and the respective heirs, executors, administrators, designees, successors, and assigns of any such purchaser, grantee, owner, or lessee. The covenants and restrictions created in this Declaration shall inure to the benefit of each Benefitted Owner; any Benefitted Owner shall have the right, but not the obligation, to enforce the covenants and restrictions created in this Declaration1 and the benefit of and right to enforce such covenants and restrictions shall run with the title to the Adjacent Property. A breach of any of the covenants and restrictions of this Declaration shall give to any party entitled to enforce such covenants and restrictions the right to bring a proceeding at law or in equity against the party or parties breaching or attempting to breach ~uch covenants or restrictions and to enjoin such party or parties from so doing, or to cause such breach to be remedied, or to recover damages resulting from such breach. In any legal or equitable proceeding or proceedings for the enforcement of the covenants and restrictions contained in this Declaration or to restrain a breach thereof, the party or parties against whom judgment is entered shall pay the attorneys' fees and costs of the party or parties for whom judgment is entered in such amount as may be fixed by the Court in such proceeding or proceedings. All remedies provided under this Declaration, including those at law or in equity, shall be cumulative and not exclusive. The failure of a party having a right to enforce the covenants and restrictions contained in this Declaration to so do shall not be deemed a waiver of the right of any other party having such right, nor a waiver to do so for a subsequent breach, of the right to enforce any other provision of this -3- " e It /~ " APPRO~ the /(IJ :.-ciay of , 1987 By: t5:4U. ~ Knox W. Askins, City Attorney el~~~ CHARLES BERDON LAWRENCE THE STATE OF TEXAS S COUNTY OF HARRIS S This instrument was acknowledged before me on 't/fl. :;1,.3 , 1987, by NORMAN L. MALONE, MAYOR of the CITY OF LA PORTE, a municipal corporation, on behalf of said corporation. ., ~ .: -My commissfonSexpires: 4,-3-0 -~~.l .'. .... (l~~ NOTARY PUBLIC, STATE OF TEXAS eher ie ~ la....c..k (Print Name) THE S~ATE OF TEXAS S COUNTY OF BARRIS S This instrument was acknowledged before me on 'J'l;rr. ~ I 1987, by CHARLES BERDON LAWRENCE. , My cOmmi~s}on expires: Lf- ~,;:I;g i (l~~ NOTARY PUBLIC - STATE OF TEXAS Ghet"l e -a \ a..-c.. 1<. Print Name : .. -- :; -5- . . Declaration. No party having the right to enforce the covenants and restrictions contained in this Declaration shall be liable for failure to do so. ARTICLE III MISCELLANEOUS 3.01 Term. Unless sooner terminated pursuant to Section 3.02 hereof~is Declaration shall be in force and effect for a term commencing on the effective date of this Declaration and ending on the 31st day of December, 2024 (i.e., concurrent with the expiration of the term of the Lease). This Declaration'may be amended or terminated only as provided in Section 3.02. 3.02 Amendment 1 Termination. This Declaration may be amended from time to time, or terminated, only by an instrument in writing executed by all of the Benefi tted Owners, acting unanimously. All amenaments and any termination pursuant to this Section 3.02 shall become effective when recorded in the Official Public Records of Real Property of Harris County, Texas. 3.03 Severability. If any of the covenants, restrictions, or other terms of this Declaration shall be found void' or unenforceable for whatever reason by any court of law or of equity, then every other covenant, restriction, and term herein set forth shall remain valid and binding, and the Benefi tted Owners to the fullest extent possible shall modify such failed covenant, restriction, or term to the extent required in order to carry out ~he general purposes of this Declaration and to impart validity to such covenant, restriction, or term. 3.04 Captions1 Singular, Plural and Gender. The Article and Section headings herein are intended for convenience only and shall not be construed ,with any substantive effect in this Declaration. Words used herein shall be deemed to include singular and plural, and any gender as the context requires. 3.05 Incorporation of Exhibits. Each of the Exhibits attached to and referred to in this Declaration is hereby incorporated into this Declaration by ,this reference, and is hereby made a part of this Declaration for all intents and purposes. IN WITNESS WHEREOF, La Porte and Lawrence have has caused the Declaration to be executed as of the date and year first above written~ By: {1J~t'~~ Cher1.e BlacK:, City Secretary CITY OF LA PORTE ~ By: n~?; L man L. Malon~~or ATTEST: -4- e e EXHIBIT A J Being ~ proposed 0.7184 acre (31,292 sq. ft.) tract comprising part of a 9.4925 acre tract designated "Tract 2" according to deed filed under Harris County Clerk's Film Code Number 183-17-2544 et. seg., and being part of Lots 22 and .23. W. B. Lowrance Subdivision. Johnson Hunter Survey. A-35. La Porte. Harris County. Texas; plat of said subdivision recorded in Volume 85, Page 596. Harris County Deed Records. The 0.7184 acre tract is more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod found for the Northwest corner of a 0.9591 acre tract, being part of Lot 23. W. B. Lowrance Subdivision as surveyed by H. Carlos Smith. Engineers & Surveyors, Inc., on March 2 through 4. 1983; said point being coincident with the Northeast corner of the Vista Baywood Apartment tract of land that was conveyed by Frank Bonner to George B. Rush and Ornera Properties. Inc.. on December 10, 1971. according t~ the deed of record filed under Harris County Clerk.s File Number D-480689. Thence. North 3 degrees 03 minutes 57 seconds West; being a straight projection of the West boundary line of the aforementioned 0.9591 acre tract and East boundary line of Vista Baywood tract; passing at 100.00 feet a fl/8 inch iron rod fouTad on line; for a total distance of 181.05 feet to a point for corner on the South shoreline of Little Cedar Bayou. Thence. in Southeasterly direction; follc1wing t.he South shoreline of Little Cedar Bayou and coincid~nt with the 1.0 feet contour line (based on 1978. U.S.G.S. datum) ~outh 70 degrees 40 minutes 56 seconds Ea~t a distance of 78.65 f'eet to a point for corner; South 45 degrees 27 minutes 35 seconds East a distance of 82.75 feet to a point for corner; South 58 degrees 54 minutes 32 seconds East a distance of 61.51 feet to a p()irat for corner; South 60 degrees 20 minutes 43 seconds East a distance of 69.36 feet to a point for corner; South 38 degrees 05 minutes 16 seconds East a distance of 107.26 feet to a point for corner; Thence, North 79 degrees 55 minutes 34 seconds West; coincident with the North boundary line of the aforementioned 0.9591 acre tract; a distEmce of 12.64 feet to t.he Southeast c~rner of that certain 0.0508 acre tract lea~ed by Hollywood I':,;r.rine frmr. City of La Porte as recol"d-:-.d tJTlde:r H. C. C. F. N(). ,1900603. Thence. North 49 degrees 3G Minutes 04 ~econds West; cc.oincident with the North boundary line (,f 0.05.08 acre lease tract and the No~th edge of a ti~ber bulkhead; a distance of 7.63 feet to a point for corner. Page 1 of a 2~Page Exhibit A .. e e Thence, North 47 degrees ~7 minutes 54 seconds West; coincident with the North boundary line of the 0.0508 acre lease t.ract. at the N.,rth edge of a t ir.;l:'(~r bull-:head; passing at 31.94 feet. the end of bulkhead; for a t0tal distance of 80.74 feet to a point for corner. Thence, Sout.h 33 degrees West; coincident with the West boundary line of the 0.0508 acre lease tract; a distance of 51.02 feet to a point f~r corner. Thence, North 79 degrees 55 minutes 34 seconds West; coir.cident with t.he Nort.h boundary line of the 0.9591 acre tract; a distance of 200.02 feet to the POINT OF BEGINNING. Page 2 of a 2 Page Exhibit A e e EXHIBIT B Being a 0.9591 acre tract ( called 0.9603 acres) out of Lot 23, W. I. Lowrance Su\)division al~;! a 0.1895 acre tract ( calle~ 0.1883 acres ) out of Lot 23. W. I. 10vrance Subdivision. subject to tidal flow; being tbe same two tracts of land refered to as Exbibit "A" and Exhibit ".". respectively, in tbe deed fr01ll Stanley D. Sherwood to James H. Sims as recorded under Harris County Clerk's Film Code 008-82-102~. The 0.9591 acre tract of land is more particularly described by metes and bounds as follows; Beginning at a 5/8 incb iron rod found for tbe Northwest corner of tbis 0.9591 acre tract of land; said corner is 'also tbe Nortbwest corner of tbat certain 2.358 acre tract of land conveyed to Stanley D. Sherwood. Trustee by tbe Estate of Frank Bonner Boward ( Deceased ). Thence. S 76- 51' 37" E; coinci8ent witb the South boundary line of that certain '.4925 acre tract of land conveyed to Watson's Bay. Inc. b, v. S. Crawford 3r. according to the deed recorded in Volume 6959. Page 568 of tbe Harris County Deed Records; passing at 220.00 feet a 5/8 incb iron rod found for reference corner; for a total distance of 292.38 feet to a point for corner in tbe present sboreline of. Galveston Bay. Thence; coincident with tbe meanders of tbe Westerl, shoreline of Galveston Ba, as follows; S 38- 56' S 11 - 40' S 15- 35' S 25- 53' 4&~ E . distance of 14.83 feet to a point for corner; 00" V a distance of 33.34 feet to a point for corner; . 43" W a distance of 60.2~ feet to a point for corner; 36" W a distance of 4S.3~ feet to a point for the Soutbeast corner of this tract. Thence, N 76- 51' 37" W; coincident witb.the North boundary line of tbat certain tract of land conveyed by Stanley D. Sherwood to William C. Staner as per tbe instrument recorded under Harris Count' Clerk's File No.. G821~80; passing at 15.00 feet a 5/8 incb iron rod set for reference corner; for a total distance of 258.06 feet to a 1/2 inch iron rod found for the Soutbwest corner of tbis tract. Thence. North. coincident witb tbe East boundary line of tbat certain 10.00 acre . tract of land as conveyed by Frank lonner Howard to George I. Rush and O'Meara Properties, Inc. according to tbe instrument recorded under Harris County Clerk's Fi1m Code No. 137-37-0027; a distance of 150.80 feet to tbe,POINT OF IEGINNING. Page:;' of a 2 Page Exhibit B ", e . The 0.1895 acre tract subject to tbe ebb and flow of tbe tide is more .' . particularly described by metes and bounds as follows; Commencing at tbe 5/8 incb iron rod found for tbe Nortbwest corner of tbe 0.9591 acre tract. Thence. S 76- 51' 37" E; coincident witb tbe North boundary line of "the 0.9591 acre tract previously described; a distance of 292.38 feet to tbe POINT OF BEGINNING. Thence. S 76- 51' 37" E a distance of 75.83 feet to a point for corner. Thence. S 21- 12' 04" V a distance of 148.32 feet to a point for corner. Thence. ~ 76- 51' 37" W; co1t'u:ident witb tbe Nortb boundary line of tbat certain 0.2135 acre tract described as Exbibit "B" in tbe deed from Stanley D. Sherwood to William C. Staner as ~ecorded under Harris County ~lerk's File ~0.'C821480; a distance of 55.07 feet to a point for corner. Thence; coSnc1dent witb tbe meanders of the present ~ester'y .11oTeUn~ of Calveston Bay as follows; N 25- 53' 36" E a distance of 45.34 feet to a point for corner. N 15- 35' 43" E a distance of 60.24 feet to a point for corner. ); 11- 40' 00" E a distance of 33.34 feet to a point for corner. .38- 56' 46" 11 a distance Df 14.83 feet to tbe POINT OF BEGINNING. Page 2 of a 2 Page Exhibit B ". e e EXHIBIT C BeiDa a 0.0508 acre (2,214.85 sq. ft.) lease tract comprisins part of a 1.4125 acre tract designated "Tract 2" accordiDg to deed filed under Harris County Clerk's Film Code Number 183-17-2544 et seq., and beins part of Lots 22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35, Barris County, Texas; plat of said subdivision recorded. in Volume 85. Page 596. Barris County Deed Records. The 0.0508 acre lease tract is more particularly described by aetes 8Iul bounds as follows; Commencina at a 5/8 inch iron rod found for the Nortbwest corner of a 0.1591 acre tract. be1nS part of Lot 23, W. B. Lowrance Subdivision as surveyed by B. Carlos Smith, Ensineers & Surveyors, Inc., on March 2-4, 1983; said po1Dt being co1nc1clent vith the Northeast c'omer of the Vista Baywood Apartment ~ract of land that vas conveyed by Frank Bonner Howard to Georse B. Rusb .and Omera Properties. Inc., on December 10. 1971. accord1ns to tbe deed of record flled under Barris County Clerk's File Number D-480689. Thence, S 7'/' 55' 34" E; coincident witb the Nortb boundary line of the 0.1591 acre tract; a distance of 200.02 feet to tbe Southwest corner of the 0.0508 acre lease tract and the POINT OF BEGINNING. Thence, N 3:r 00' DO" E; a distance of 51.02 feet to a point for corner. Thence, S 47. 37' 54" E. passinS at 48.80 feet the start of the North edge of a ttmber bulkhead and continu1ns coincident with aforesaid bulkbead for a total distance of 80.74 feet to a point for corner on bulkhead. Thence, S 49" 36' 04" Ej coincident with the North edge of the t1mber bulkbead; a ~istance of 7.63 feet to a point for corner, on bulkhead. Thence, N 7'/' 55' 34" W; coincident with the North boundary of aforesaid 0.9591 acre tract and passin, at 74.7 feet a 1/2 inch iron rod (Call 5/8 incb) found for reference corner, for a total distance of 94.7 feet to tbe POINT OF BEGINNING.