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Ordinance No. 15,965 ORDINANCE NO. 15,965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH RNP BAYTOWN PROPERTY, LLC, FOR THE PURCHASE OF PROPERTY DESCRIBED AS PARCEL 48, SITUATED IN THE T. RISTERGEN SURVEY, ABSTRACT NO. 1425, BAYTOWN, HARRIS COUNTY, TEXAS, FOR THE GARTH ROAD WIDENING PROJECT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE TOTAL AMOUNT OF EIGHT HUNDRED SIXTY- EIGHT THOUSAND FOUR HUNDRED NINETY-EIGHT AND 50✓100 DOLLARS ($868,498.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute a Purchase Agreement with RNP Baytown Property, LLC, for the purchase of property described as Parcel 48, in the T. Ristergen Survey, Abstract No. 1425, Baytown, Harris County, Texas, for the Garth Road Widening Project. A copy of the agreement is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment of a purchase price for the property subject to the Purchase Agreement authorized in Section 1 hereof in the amount of EIGHT HUNDRED SIXTY-EIGHT THOUSAND FOUR HUNDRED NINETY- EIGHT AND 50/100 DOLLARS ($868,498.50). Section 3: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less, provided that the amount stated in Section 2 hereof may not be increased by more than twenty-five percent (250 o)or decreased by more than twenty-five percent (250 o) without the consent of the owners to such decrease unless otherwise provided for in the contract authorized in Section 1 hereinabove. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 24t1i day of October, 2024. C. BRANDON CAPET yor ATTEST: GNYT;,i.,/., ��� ogo�oo•c.."o uoo ti u AN LA KSON, City Jerk A-i iV 0 gy, APPROVED A T FORM: SCOTT LEMO D, City Attorney R:Ordinances and Resoluuons'Ordinance DraRsQ024-10-2COrdinance Purchase Agreement with RNP Baytown Property for Parcel 48 for the Garth Road Widening Project.docx 2 EXHIBIT "A" BAYTOWN PURCHASE AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement by and between the City of Baytown, (hereinafter called the City), and RNP Baytown Property, LLC, (hereinafter called Owner), whether one or more, shall be effective on the date of approval and execution by and on behalf of the City. I. Sale and Purchase of ProVeM 1.01 In view of the mutual covenants herein expressed and contained, the Owner hereby agrees to grant, bargain, sell and conveti• for the consideration and upon the terms herein stated to the City, and the City does hereb}• agree to purchase, for the consideration and upon the terms herein stated the property situated in Harris County, Texas which is described in Exhibit "As" and shown on Exhibit"Bs",which is attached hereto and incorporated herein for anv and all purposes. The City and the Owner do further agree as follows: II. Consideration 2.01 Total Price: EIGHT HUNDRED SIXTY-EIGHT THOUSAND FOUR HUNDRED NINETY-EIGHT DOLLARS and 50/100 ($868,498.50) to be paid by the City for fee simple title and easement interests to the property• described in the said Exhibit "Ns" and shown on Exhibit "B's", save and except oil,gas and sulphur, free of all liens, assessments and encumbrances. Fee Simple Acquisition (96,152 sq. ft.) - $292,238.00 Drainage Easement (24,342 sq. ft.) - $274,627.00 Temporary Easement (222 sq. ft.) - $ 821.00 Damages - $ 70,566.00 Administrative Settlement - $230,246.50 Total $868,498.50 It is expressly understood and agreed that Owner i,, retaining tide to the following improvements located on the Property'described in said Exhibit'Ws" and shown on Exhibit"Bs" to wit: N/A f� Owner agrees to remove the above-described improvements from the Property on or before 60 Days After Closing, subject, however, to such extensions of time as may be granted by the City, its successor and assigns, in writing; and if, for and, reason, Owner fails or refuses to remove same within time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the City,its successors and assigns, forever. If applicable, Owner acl<novvledges that the total compensation for the Property includes consideration for the relocation of the existing utility which is located within the Property. It shall be the responsibility of the Owner to relocate any sprinkler system (if applicable) outside of the boundaries of the Property on or before 60 Days After Closing (Relocation Period) following the Owner's receipt of compensation from the City for the Property. Owner agrees that the City, and its agent(s) shall have the authority to remove the existing sprinkler system (if applicable) from the Property following; the expiration of the Relocation period and Owner hereby grants limited access to the Owner's property for the purpose of removing the sprinkler system (if applicable) as deemed necessary. The agreed upon compensation is in full and final settlement of the terms set forth herein, and Owner hereby releases, acquits and discharges City, together with its directors, officers, shareholders, employees, subcontractors, agents, attorneys, representatives, consultants and subsidiary and parent organizations, from and against any and all claims, damages, debts, obligations, controversies, attorneys fees, costs, suits, demands, liabilities, or causes of action, of any, kind or nature whatsoever, at law or in equity, in contract or tort,general or special, for injuries or damages, liquidated or unliquidated, now existing or that might arise hereafter, relating to or arising out of or in an),way connected to the City's purchase of the property. "As Is" AS IS: AS A MATERIAL PART OF THE CONSIDERATION FOR THE CONTRACT AND THE PURCHASE OF THE PROPERTY, CITY HEREBY AGREES OF ACCEPT THE PROPERTY AND CITY'S RIGHTS THEREIN ON THE CLOSING DATE IN ITS "AS IS, WHERE AS" CONDITION WITH ALL FAULTS AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, EXCEPT ONLY THE TITLE WARRANTIES EXPRESSLY SET FORTH IN THE DEED, BILL OF SALE AND ASSIGNMENT DATED ON THE CLOSING DATE. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, IN CONNECTION WITH THE SALE OF THE PROPERTY TO CITY, THE SALE OF THE PROPERTY IS WITHOUT ANY WARRANTY (EXCEPT AS TO TITLE AS PROVIDED IN THE CONTRACT) AND OWNER AND OWNER'S AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS(COLLECTIVELY OWNER'S RELATED PARTIES) HAVE MADE NO,AND EXPRESSLY AND SPECIFICALLY DISCLAIM AND CITY ACCEPTS THAT OWNER AND OWNER'S RELATED PARTIES HAVE DISCLAIMED ANY AND ALL REPRESENTATIONS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW (EXCEPT AS TO TITLE AS PROVIDED IN THE CONTRACT) OF OR RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, OF OR RELATING TO: (i) THE USE, INCOME POTENTIAL, EXPENSES, MAINTENANCE, OPERATION, CHARACTERISTICS OR CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, TENANTABILITY, HABITABILITY, MERCHANTABILITY, DESIGN, OR FITNESS FOR ANY SPECIFIC PURPOSE OR PARTICULAR PURPOSE, OR GOOD AND WORKMANLIKE CONSTRUCTION; (ii) THE NATURE, MANNER OR CONDITION OF THE PROPERTY, ON THE SURFACE OR SUBSURFACE THEREOF, WHETHER OR NOT OBVIOUS, VISIBLE OR APPARENT, (iii) THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OR ABSENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS, OR THE COMPLIANCE OF THE PROPERTY WITH ALL REGULATIONS OR LAWS PERTAINING TO THE HEALTH, SAFETY, OR THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILTIY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE CLEAN WATER ACT, THE TEXAS HEALTH AND SAFETY CODE AND THE TEXAS WATER CODE, EACH AS MAY BY AMENDED FROM TIME TO TIME INCLUDING ANY AND ALL REGULATIONS, RULES AND POLICIES PROMULGATED THEREUNDER ("ENVIRONMENTAL LAWS"); AND (IV) THE SOIL CONDITIONS, DRAINAGE, GROUNDWATER CONDITION, FLOODING CHARACTERISTICS, UTILITIES OR OTHER CONDITIONS EXISTING IN, ON OR UNDER THE PROPERTY. IN CONSUMMATING THE PURCHASE OF THE PROPERTY, CITY IS NOT RELYING ON ANY REPRESENTATIONS OR STATEMENTS (ORAL OR WRITTEN) WHICH MAY HAVE BEEN MADE OR MAY BE MADE BY OWNER OR OWNER'S RELATED PARTIES AND IS RELYING SOLELY UPON CITY'S OR ITS REPRESENTATIVES' OWN PHYSICAL INSPECTION OF THE PROPERTY. City reserves the right to object, in writing, to defects, exceptions, or encumbrances to title disclosed on a survey or disclosed in a title commitment. The objection must be made prior to closing. City's failure to object within the time allowed will constitute a waiver of City's right to object. If the objected to defects, exceptions, or encumbrances to title defeat the purpose for which the City is purchasing the property, according to the opinion of the City, then the City can terminate the contract, without cost to the City. If the City does not terminate within the time required, the City shall be deemed to have waived the objections. III. Recording Costs and Title 3.01 Recording Costs: The City, without cost to Owner, shall pad- the cost of recording all instruments conveying title to the City. 3.02 Liens and encumbrances against the Property: Owner shall to pay and obtain relca-,e of 1111 litns, and mortgages recorded against the Property,at or prior to Closing (if applicable). IV._ Closing 4.01 Ownership and Warranty Deed: Owner agrees to convey to the City fee simple title to the said property as described in Exhibit "A" and shown on Exhibit "B" and all appurtenances thereto for the consideration stated subject to the aforementioned exception. After approval of title �1 by the City, Owner agrees to deliver to the City's Closing Agent a Special Warranty Deed, properly executed, convging fee simple title to such property: The City warrant or wire transfer in payment of the consideration for such property shall be delivered to the City's Closing Agent and same shall be payable the Title Company. 4.02 Possession: Until payment is made, and in the absence of a possession and use agreement between the parties, tide and possession of the property to be conveyed to the City will remain with the Owner, who shall bear all risk of loss to any and all such property. In the event the condition of the property should change, for any reason, prior to the date of delivery of possession to the City, the City shall have the right to declare this agreement null and void. 4.03 Closing Costs: City will pay closing costs as described in section 3.01. Owner will pay Owners' legal expenses, if am: if Owner engages the services of a real estate agent or broker in connection with the sale and purchase of the Property, Owner will pav all commissions and broker's fees. 4.04 Incidental Expenses: After the date of payment of the purchase price, Owners will be reimbursed for any fair and reasonable expenses necessarily incurred in transferring title to the property to the City for its use. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the City and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. Owners may file a written request for review if it is believed that the City failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request review of a claim; however, the claim must be filed with the City serving the area in which the said property is located within six months after Owners are notified of the City's determination on any claim for reimbursement. V. Miscellaneous 5.01 Entire Agreement: This Agreement contains the entire agreement of the parties. This Agreement can be amended or assigned only by written agreement signed by the City and Owner. 5.02 Binding: This Agreement is binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the City and Owner. 5.03 Effective Date: This Agreement is effective on the last date that both the City and Owners hake signed and executed this Agreement. 1" 5.04 Relocation Assistance: It is mutually agreed and understood that any benefits which may accrue under the City's Relocation Assistance Program will be handled entirely separate from and in addition to this transaction. 5.05 Addresses: The addresses of the City and Owner are: Owner: PO Box 16846 Sugar Land, TX 77496 City: 2123 Market Street BaN,town, TX 77522 5.06 Additional Clauses: 5.07 Added 5.07 Spccial Provisions: 5.07.a. Sellers, and its ,ucceaur:4 at its option gill hacc• tite right to install .a fence of it, choice in the Luul oancd bt Seller,, surrounding the pond area anytime•after the clo,ing. 5.07.1). Rover, the Citv of Ravotcvn and it, successor, jointly ;utcl mutually ;tgrce, the Ex[aibit 1 is being made a part of this agreement. fhe city \gill pruyidc all ncccs;ary ptrrntits ut aplarocc the xitc de�elopnxtit plans ha include all the entrances ntetttioned in Exhibit A. Till-: FULL AGREEivIF,NT OF THE CITY AND THE OWNER IS SET FORTI I IN THE FOREGOING TEXT OF TI IIS INSTRUMENT,AND NO OTHER REPRESENTATIONS OR OBLIGATIONS OTHER THAN THOSE SET FORTH I IEREIN \VILL BE RECOGNIZED. RNP Baytown Property, LLC, City of Baytown, By: Name: _ Name: -- Title: P( Title: Date: sty l C"4- C Date: ^ lob t 2Se u 3 m / �/ m = r'► d a a v�i, i j ° N <a cs a �3vo NM o zH wv_ CD z �c z O O O m e ui GA i ;o co z N N O 0 c 7 7 r m U p a O F m N ! n N m i N 7 p Y 1 c Q= a H G a E cu E m LL N 4 L ^ y O x E i^.`i v 0 W ra E E V/ N U 0 t J c W ° d s Qz N m Q N m Z i to o Q L N N J xLLI O = ` O u Q cc O f i W ? 3 L)i i U a s o c 6 &D O O Z p z - P a- 7 F n 0: itK a 3 T c I 3 r L a r W I+ in W w Cai _ O U a m �U N F J m L L 7 Q °U LL °J d' d 4U 7 0 V m 0Q N c N y O o 3 W } w ¢ x N 12 co O 3 W `o (A a W Ocr It y, C 9 4 tL x N. F V d c F u 3LL. N00 �.� m CL m m y d o m L m d N 0. y E a o �j € 3 3 w H 0 w ti N EXHIBIT A E. Shaffer Survey, Abstract No. 1224 Parcel: 48-R.O.W. "A" & T. Ristergen, Survey, Abstract No. 1425 0.0056 Acre (244 Sq. Ft.) Harris County, Texas Page No. 1 of 3 Metes and Bounds Description Being a 0.0056 acre (244 square feet) parcel of land situated in the E. Shaffer Survey, Abstract No. 1224 & the Ristergen, Survey, Abstract No. 1425 and being out of and a part of Lot 1, Block 1 of Highland Farms Plaza Minor Replat, a Plat recorded under Film Code Number (F.C. No.) 683342 of the Harris County Map Records (H.C.M.R.) and further being part of a called 24.0239 acres tract described in a General Warranty Deed dated October 10, 2006 conveyed from Williams Brothers Construction Company, Inc. to RNP Baytown Property, LLC and recorded under Harris County Clerk's File Number (H.C.C.F. No.) 20070064213, F.C. No. 038-79-1191 of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 0.0056 acre of land being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8-inch iron rod with "Momentum" cap having Coordinates of N: 13,855,367.98 & E: 3,243,548.11 on the existing west Right-of-Way (R.O.W.) line of Garth Road (R.O.W. Varies) recorded under Volume (Vol.) 7, Page (Pg.) 60, and Vol. 10, Pg. 47, H.C.M.R.; H.C.C.F. No. F539195; and Vol. 823, Pg. 354, Harris County Deed Records (H.C.D.R.), same also being the common northeast corner of Lot 1, Block 1 of Washboys III Minor Replat, a Plat recorded under F.C. No. 682531, H.C.M.R., being the same tract conveyed to ESV Properties, LP recorded under H.C.C.F. No. 20090465154 and the southeast corner of said Lot 1 of Highland Farms Plaza Minor Replat, from which a TxDOT Monument H-17 bears North 01 ' 36' 05" West-7,199.74 feet; L1 THENCE North 11 48' 45" West, along the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, a distance of 79.24 feet to a point for the beginning of a curve; C1 THENCE, continuing along the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, being a curve turning to the right through an angle of 0 V 17' 11", having a radius of 9,964.82 feet, and whose long chord bears North 11 10' 10" West-223.70 feet, for an arc distance of 223.71 feet to a 5 8-inch iron rod with "KUO" cap set having Coordinates of N: 13,855,664.97 & E: 3,243,488.57 for the POINT OF BEGINNING and being the southeast corner of the herein described parcel; L2 THENCE, South 78- 52' 34" West, departing the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, along the proposed R.O.W. line of Garth Road, a distance of 8.26 feet to a 5:8-inch iron rod with "KUO"cap set for the southwest corner of the herein described parcel; E. Shaffer Survey, Abstract No. 1224 Parcel: 48-R.O.W. "A" &T. Ristergen, Survey, Abstract No. 1425 0.0056 Acre (244 Sq. Ft.) Harris County, Texas Page No. 2 of 3 L3 THENCE, North 11' 07' 26" West, continuing along the proposed R.O.W. line of Garth Road, a distance of 34.84 feet to a 5 8-inch iron rod with "KUO" cap set on an existing 25-foot radius cutback for the intersection of the existing south R.O.W. line of W Archer Road (120' R.O.W.) recorded under Vol. 10, Pg. 47, H.C.M.R. & H.C.C.F. Nos. F891799 & G231089, H.C.D.R. and the existing west R.O.W. line of said Garth Road, being the northwest corner of the herein described parcel; C2 THENCE, along said existing cutback, being a curve turning to the right through 49' 11' 31", having a radius of 25.00 feet, and whose long chord bears South 35' 0 F 53" East-20.81 feet, for an arc distance of 21.46 feet to a point on the south end of said cutback, being the easterly northeast corner of said Lot 1 of Highland Farms Plaza Minor Replat and the northeast corner of the herein described parcel; C3 THENCE, along the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, being a curve turning to the left through 00' 05' 27", having a radius of 9,964.82 feet, and whose long chord bears South 10 ' 28' 5 1" East-15.82 feet, for an arc distance of 15.82 feet to the POINT OF BEGINNING and containing 0.0056 acre (244 square feet) of land. All bearings and distances are based on Texas Coordinate System, South Central Zone, NAD 83 (2011 Adjustment) Epoch 2010.00, Texas South Central Zone 4204. All distances are in Surface. All coordinates shown hereon are Grid values and may be converted to Surface values by multiplying by the combined scale factor of 1.00013. All measurements are in U.S. Survey Feet. A parcel plat of even date was prepared in conjunction with this property description. E. Shaffer Survey, Abstract No. 1224 Parcel: 48-R.O.W. "A" & T. Ristergen, Survey, Abstract No. 1425 0.0056 Acre (244 Sq. Ft.) Harris County, Texas Page No. 3 of 3 Compiled By: _J�.a�B�r✓ CH� � OF' �. Shaheen Chowdhury, R.P.L.S. • •Registered Professional Land Surveyor sill I, OWD+IURY Texas Reg. No. 5858 A 5858 P' Kuo & Associates, Inc. �� S U 10300 Westoffice Drive, Suite 800 Houston, TX 77042 Ph.: (713) 975-8769 TBPLS Firm Registration No. 10075600 Original Issued Date: February 4, 2022 Revision 1: March 1, 2022. Added Center Line EXHIBIT A T. Ristergen Survey, Parcel: 48-R.O.W. "B" Abstract No. 1425 2.2017 Acre (95,908 Sq. Ft.) Harris County, Texas Page No. 1 of 2 Metes and Bounds Description Being a 2.2017 acre (95,908 square feet) parcel of land situated in the T. Ristergen Survey, Abstract No. 1425 and being out of and a part of a Residue of a called 24.0239 acres tract described in a General Warranty Deed dated October 10, 2006 conveyed from Williams Brothers Construction Company, Inc. to RNP Baytown Property, LLC and recorded under Harris County Clerk's File Number (H.C.C.F. No.) 20070064213, Film Code Number (F.C. No.) 038-79-1191 of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 2.2017 acre of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1 2-inch iron rod having Coordinates of N: 13,855,420.30 & E: 3,243,191.92 on the existing south Right-of-Way (R.O.W.) line of W Archer Road (120' R.O.W.) recorded tinder Volume (Vol.) 10, Page (Pg.) 47, Harris County Map Records (H.C.M.R.) and H.C.C.F. Nos. F891799 & G231089, same also being the common northeast corner of a called 2.756 acres tract conveyed to Houston Lighting & Power Co. recorded under Vol. 3074, Pg. 644, of the Harris County Deed Records (H.C.D.R.) and the northwest corner of said Residue of a 24.0239 acres tract, from which TxDOT Monument H-17 bears North 09" 54' 33" East-6,962.68 feet; THENCE North 77' 30' 11" East, along the existing south R.O.W. line of said W Archer Road and the north line of said Residue of a 24.0239 acres tract, a distance of 281.07 feet to a 5 8-inch iron rod with "KUO" cap set having Coordinates of N: 13,855,481.11 & E: 3,242,466.30 for the POINT OF BEGINNING and the northwest corner of the herein described parcel; THENCE, North 77'' 30' 11" East, continuing along the existing south R.O.W. line of said W Archer Road and the north line of said Residue of a 24.0239 acres tract, a distance of 295.43 feet to a 5 8-inch iron rod with "KUO" cap set, being the common northwest corner of a Detention Reserve, Block 1 of Highland Farms Plaza Minor Replat, a Plat recorded tinder F.C. No. 683342, H.C.M.R. and the northerly northeast corner of said Residue of a 24.0239 acres tract, also being the northeast corner of the herein described parcel; THENCE, South 12 29' 00" East, departing the existing south R.O.W. line of said W Archer Road, along the northerly east line of said Residue of a 24.0239 acres tract and west line of said Detention Reserve of Highland Farms Plaza Minor Replat, passing at a distance of 294.61 feet, the common northwest corner of Lot 1, Block 1 of said Highland Farms Plaza Minor Replat and the southwest corner of said Detention Reserve of Highland Farms Plaza Minor Replat, and continuing along the northerly east line of said Residue of a 24.0239 acres tract and west line of said Lot 1 of Highland Farms Plaza Minor Replat, a total distance of 324.71 feet to a 5 8-inch iron rod with "KUO" cap set for the southeast corner of the herein described parcel; T. Ristergen Survey, Parcel: 48-R.O.W. "B" Abstract No. 1425 2.2017 Acre (95,908 Sq. Ft.) Harris County, Texas Page No. 2 of 2 THENCE, South 77' 27' 11" West, departing the west line of said Lot 1 of Highland Farms Plaza Minor Replat, over and across said Residue of a 24.0239 acres tract, a distance of 295.07 feet to a 5`8-inch iron rod with "KUO" cap set for the southwest corner of the herein described parcel; THENCE, North 12'_. 32' 49" West, continuing over and across said Residue of a 24.0239 acres tract, a distance of 324.97 feet to the POINT OF BEGINNING and containing 2.2017 acre (95,908 square feet) of land. All bearings and distances are based on Texas Coordinate System, South Central Zone, NAD 83 (2011 Adjustment) Epoch 2010.00, Texas South Central Zone 4204. All distances are in Surface. All coordinates shown hereon are Grid values and may be converted to Surface values by multiplying by the combined scale factor of 1.00013. All measurements are in U.S. Survey Feet. A parcel plat of even date was prepared in conjunction with this property description. Compiled By: YShaheen Chowdhury, R.P.L.S. SI IA CI iONDR Registered Professional Land Surveyor5858 1p Texas Reg. No. 5858 l� ` Kuo & Associates, Inc. 10300 Westoffice Drive, Suite 800 Houston, TX 77042 Ph.: (713) 975-8769 TBPLS Firm Registration No. 10075600 Original Issued Date: February 11, 2022 Revision 1: March 1, 2022. Added Center Line EXHIBIT A E. Shaffer Survey, Abstract No. 1224 Parcel: 48-D.E. &T. Ristergen Survey, Abstract No. 1425 0.5588 Acre (24,342 Sq. Ft.) Harris County, Texas Page No. 1 of 3 Metes and Bounds Description Being a 0.5588 acre (24,342 square feet) parcel of land situated in the E. Shaffer Survey, Abstract No. 1224 & the T. Ristergen Survey, Abstract No. 1425 and being out of and a part of Lot 1, Block 1 and a Drainage Reserve out of Highland Farms Plaza Minor Replat, a Plat recorded under Film Code Number (F.C. No.) 683342 of the Harris County Map Records (H.C.M.R.) and further being part of a called 24.0239 acres tract described in a General Warranty Deed dated October 10, 2006 conveyed from Williams Brothers Construction Company, Inc. to RNP Baytown Property, LLC and recorded under Harris County Clerk's File Number (H.C.C.F. No.) 20070064213, F.C. No. 038-79-1191 of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 0.5588 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5 8-inch iron rod with "Momentum" cap having Coordinates of N: 13,855,367.98 & E: 3,243,548.11 on the existing west Right-of-Way (R.O.W.) line of Garth Road (R.O.W. Varies) recorded under Volume (Vol.) 7, Page (Pg.) 60, and Vol. 10, Pg. 47, H.C.M.R.; H.C.C.F. No. F539195; and Vol. 823, Pg. 354, Harris County Deed Records (H.C.D.R.), same also being the common northeast corner of Lot 1, Block 1 of Washboys III Minor Replat, a Plat recorded under F.C. No. 682531, H.C.M.R., being the same tract conveyed to ESV Properties, LP recorded under H.C.C.F. No. 20090465154 and the southeast corner of said Lot 1 of Highland Farms Plaza Minor Replat, from which a TxDOT Monument H-17 bears North 01 36' 05" West-7,199.74 feet; L4 THENCE, South 77' 31' 00" West, along the common north line of said Lot 1 of Washboys III Minor Replat and the south line of said Lot 1 of Highland Farms Plaza Minor Replat, a distance of 15.96 feet to a point for the southwest corner of the herein described parcel; L5 THENCE, North 11 ' 07' 26" West, departing the common north line of said Lot 1 of Washboys III Minor Replat and the south line of said Lot 1 of Highland Farms Plaza Minor Replat, over and across said Lot 1 of Highland Farms Plaza Minor Replat, a L6 distance of 318.03 feet to a point for an interior corner of the herein described parcel; THENCE. South 77, 27' 11" West, continuing over and across said Lot 1 of Highland Farms Plaza Minor Replat, passing at a distance of 443.97 feet the common east line of said Drainage Reserve of Highland Farms Plaza Minor Replat and the west line of said Lot 1 of Highland Farms Plaza Minor Replat, and continuing over and across the said Drainage Reserve of Highland Far ns Plaza Minor Replat, a total distance of 728.07 feet to a point on the common east line of a Residue of a called 24.0239 acres tract conveyed to RNP Baytown Property, LLC recorded under H.C.C.F. No. 20070064213 and the west line of said Drainage Reserve of Highland Farms Plaza Minor Replat, for the most southerly northwest corner of the herein described parcel; E. Shaffer Survey, Abstract No. 1224 Parcel: 48-D.E. & T. Ristergen Survey, Abstract No. 1425 0.5588 Acre (24,342 Sq. Ft.) Harris County, Texas Page No. 2 of 3 L7 THENCE, North 12- 29' 00" West, along the common east line of said Residue of a called 24.0239 acres tract and the west line of said Drainage Reserve of Highland Farms Plaza Minor Replat, a distance of 27.27 feet to a point on the existing south R.O.W. line of W Archer Road (120' R.O.W.) recorded under Vol. 10, Pg. 47, H.C.M.R. & H.C.C.F. Nos. F891799 and G231089, H.C.D.R., same also being the common northeast corner of said Residue of a 24.0239 acres tract and the northwest corner of the said Drainage Reserve of Highland Farms Plaza Minor Replat, being the most northerly northwest corner of the herein described parcel; L8 THENCE, North 77 ' 30' 11" East, along the existing south R.O.W. line of said W Archer Road and the north line of the said Drainage Reserve of Highland Farms Plaza Minor Replat, passing at a distance of 284.10 feet the common northeast corner of said Drainage Reserve of Highland Farms Plaza Minor Replat and the northwest corner of said Lot 1 of Highland Farms Plaza Minor Replat, and continuing along the existing south R.O.W. line of said W Archer Road and north line of said Lot 1 of Highland Farms Plaza Minor Replat, passing at a distance of 319.45 feet a found 1;2-inch iron rod, and continuing for a total distance of 718.11 feet to a point on the north end of a existing 25-foot radius cutback for the intersection of the existing west R.O.W. line of said Garth Road and the existing south R.O.W. line of said W Archer Road, being the westerly northeast corner of said Lot 1 of Highland Farms Plaza Minor Replat and the herein described parcel; C4 THENCE, along said existing cutback, being a curve turning to the right through an angle of 42` 52' 11", having a radius of 25.00 feet, and whose long chord bears South 8V 03' 44" East-18.27, for an arc distance of 18.71 feet to a 5 8-inch iron rod with "KUO" cap set for the northeast corner of the herein described parcel; L9 THENCE, South 1 1 ' 07' 26" East, departing the said existing cutback, over and across said Lot I of Highland Farms Plaza Minor Replat and along the proposed R.O.W. line of Garth Road, a distance of 34.84 feet to a 5'8-inch iron rod with "KUO" cap set for an interior corner of the herein described parcel; L10 THENCE, North 78 52' 34" East, continuing over and across said Lot I of Highland Farms Plaza Minor Replat and along the proposed R.O.W. line of Garth Road, a distance of 8.26 feet to a 5/8-inch iron rod with "KUO" cap set on the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, for the southerly northeast corner of the herein described parcel; C5 THENCE, along the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, being a curve turning to the left through an angle of 01° 17' 11", having a radius of 9,964.82 feet, and whose long chord bears South 11 10' 10" East-223.70 feet, for an arc distance of 223.71 feet to a point of the herein described parcel; E. Shaffer Survey, Abstract No. 1224 Parcel: 48-D.E. &T. Ristergen Survey, Abstract No. 1425 0.5588 Acre (24,342 Sq. Ft.) Harris County, Texas Page No. 3 of 3 L11 THENCE South 11" 48' 45" East, continuing along the existing west R.O.W. line of said Garth Road and the east line of said Lot 1 of Highland Farms Plaza Minor Replat, a distance of 79.24 feet to the POINT OF BEGINNING and containing 0.5588 acre (24,342 square feet) of land. All bearings and distances are based on Texas Coordinate System, South Central Zone, NAD 83 (2011 Adjustment) Epoch 2010.00, Texas South Central Zone 4204. All distances are in Surface. All coordinates shown hereon are Grid values and may be converted to Surface values by multiplying by the combined scale factor of 1.00013. All measurements are in U.S. Survey Feet. A parcel plat of even date was prepared in conjunction with this property description. Compiled By: OF .......................... Shaheen Chowdhury, R.P.L.S. SI J^ F Registered Professional Land Surveyor . Ip 5858 Texas Reg. No. 5858 lV* S S Kuo & Associates, Inc. 10300 Westoffice Drive, Suite 800 Houston, TX 77042 Ph.: (713) 975-8769 TBPLS Firm Registration No. 10075600 Original Issued Date: February 4, 2022 Revision 1: March 1, 2022. Added Center Line EXHIBIT A E. Shaffer Survey, Abstract No. 1224 Parcel: 48-T.C.E. & T. Ristergen Survey, Abstract No. 1425 0.0051 Acre (222 Sq. Ft.) Harris County, Texas Page No. 1 of 2 Metes and Bounds Description Being a 0.0051 acre (222 square feet) parcel of land situated in the E. Shaffer Survey, Abstract No. 1224 & the T. Ristergen Survey, Abstract No. 1425 and being out of and a part of Lot 1, Block 1 of Highland Farms Plaza Minor Replat, a Plat recorded under Film Code Number (F.C. No.) 683342 of the Harris County Map Records (H.C.M.R.) and further being part of a called 24.0239 acres tract described in a General Warranty Deed dated October 10, 2006 conveyed from Williams Brothers Construction Company, Inc. to RNP Baytown Property, LLC and recorded under Harris County Clerk's File Number (H.C.C.F. No.) 20070064213, F.C. No. 038-79-1191 of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 0.0051 acre of land being more particularly described by metes and bounds as follows: COMMENCING at a found 5 8-inch iron rod with "Momentum" cap having Coordinates of N: 13,855,367.98 & E: 3,243,548.11 on the existing west Right-of-Way (R.O.W.) line of Garth Road (R.O.W. Varies) recorded under Volume (Vol.) 7, Page (Pg.) 60, and Vol. 10, Pg. 47, H.C.M.R.; H.C.C.F. No. F539195; and Vol. 823, Pg. 354, Harris County Deed Records (H.C.D.R.), same also being the common northeast corner of Lot 1, Block 1 of Washboys III Minor Replat, a Plat recorded under F.C. No. 682531, H.C.M.R., being the same tract conveyed to ESV Properties, LP recorded under H.C.C.F. No. 20090465154 and the southeast corner of said Lot 1 of Highland Farms Plaza Minor Replat, from which a TxDOT Monument H-17 bears North 0 1 ' 36' 05" West-7,199.74 feet; L4 THENCE, South 77%, 3l' 00" West, along the common north line of said Lot 1 of Washboys III Minor Replat and the south line of said Lot 1 of Highland Farms Plaza Minor Replat, a distance of 15.96 feet to a point; Departing the common north line of said Lot 1 of Washboys III Minor Replat and the south line of said Lot 1 of Highland Farms Plaza Minor Replat, over and across said Lot 1 of Highland Farms Plaza Minor Replat, the following courses: L12 THENCE, North II`' 07' 26" West, a distance of 126.91 feet to a point having Coordinates of N: 13,855,489.04 & E: 3,243,508.05 for the POINT OF BEGINNING and the southeast corner of the herein described parcel; L13 THENCE, South 78" 52' 34" West, a distance of 10.13 feet to a point for the southwest corner of the herein described parcel; L14 THENCE, North 11" 03' 26" West, a distance of 21.91 feet to a point for the northwest corner of the herein described parcel; L15 THENCE, North 78` 52' 34" East, a distance of 10.13 feet to a point for the northeast corner of the herein described parcel; E. Shaffer Survey, Abstract No. 1224 Parcel: 48-T.C.E. & T. Ristergen Survey, Abstract No. 1425 0.0051 Acre (222 Sq. Ft.) Harris County, Texas Page No. 2 of 2 L16 THENCE South 11" 07' 26" East, for a distance of 21.91 feet to the POINT OF BEGINNING and containing 0.0051 acre (222 square feet) of land. All bearings and distances are based on Texas Coordinate System, South Central Zone, NAD 83 (2011 Adjustment) Epoch 2010.00, Texas South Central Zone 4204. All distances are in Surface. All coordinates shown hereon are Grid values and may be converted to Surface values by multiplying by the combined scale factor of 1.00013. All measurements are in U.S. Survey Feet. A parcel plat of even date was prepared in conjunction with this property description. Compiled By: 0 F T s iyc�srru �P.��G�RF��ll, Shaheen Chowdhury, R.P.L.S. Sill Registered Professional Land Surveyor ...:...................... Texas Reg. 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