Loading...
Ordinance No. 12,937ORDINANCE NO. 12,937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S SURFACE RIGHTS TO A PORTION OF OLD CEDAR -BAYOU LYNCHBURG ROAD RIGHT -OF -WAY LOCATED SOUTHWEST OF THE INTERSECTION OF CEDAR BAYOU - LYNCHBURG ROAD AND NORTH MAIN STREET TO EDDIE V. GRAY, TRUSTEE; EDDIE VAUGHN GRAY, TRUSTEE; FRED C. DITTMAN, JR.; NISHA DITTMAN; JESUS CEJA FLORES; AND CELIA TORRES, CONTINGENT UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Eddie V. Gray, Trustee; Eddie Vaughn Gray, Trustee; Fred C. Dittman, Jr.; Nisha Dittman; Jesus Ceja Flores; and Celia Torres, (collectively the "Petitioners ") have petitioned the City for the abandonment of the surface rights to a portion of Old Cedar -Bayou Lynchburg Road Right -of -Way located southwest of the intersection of Cedar Bayou - Lynchburg Road and North Main Street; and WHEREAS, the Petitioners have received releases from utility companies releasing their interests in the surface rights to said right -of -way; and WHEREAS, the surface rights to the right -of -way subject to the petition for abandonment referenced herein is no longer necessary for the City; and WHEREAS, contingent upon the receipt of (i) payment as detailed below and as required in Section 2 -767 of the Code of Ordinances, Baytown, Texas, from Eddie V. Gray, Trustee; Eddie Vaughn Gray, Trustee; Jesus Ceja Flores; and Celia Torres, and (ii) a warranty deed conveying good title to approximately 8.6 acres off of Kilgore Road, more particularly described as Tract 15A, Abstract 65, William Scott Survey, Baytown, Harris County, Texas, from Fred C. Dittman, Jr., and Nisha Dittman, the City is willing to abandon portions of its surface rights to the above - referenced right -of -way; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon the receipt of the consideration detailed in Section 2, the City Council of the City of Baytown, Texas, hereby authorizes the abandonment of its surface rights to a portion of Old Cedar -Bayou Lynchburg Road Right -of -Way located southwest of the intersection of Cedar Bayou - Lynchburg Road and North Main Street, as more particularly described in Exhibits "A" through `B," which are attached hereto and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the fair market value of the right -of -way is determined to be FIFTY -FOUR THOUSAND ONE HUNDRED FIVE AND 871100 DOLLARS ($54,105.87), which amount shall be paid as follows: Section 3: That upon the satisfaction of the contingency referenced in Section 1 hereof, the Mayor is hereby granted the general authority to execute the quitclaim deeds, attached hereto and incorporated herein for all purposes as Exhibits "G" "H," and "I," conveying its interest in the surface rights to the property described in Exhibits "A" through `B" to the Petitioners in accordance with the Release and Indemnity Agreement, which is attached hereto and incorporated herein as Exhibit "F." Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. /J INTRODUCED, READ and PASSED by the affirm le vote of the City Council of the City of Baytown this the 27th day of August, 2015. / I A ATTEST 7 J L CIA BRYSCH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Cit orney Mayor R:' Karen',Files!City Council Ordinances\2015Wugust 27\AbandonmentotSurfaceRight stoaPottionofOldCedarBayouRoad .doc Petitioner Consideration for Abandonment Eddie V. Gray, Trustee, and $7,609.93 Eddie Vau Gray, Trustee Warranty deed, in a form satisfactory to the City Fred C. Dittman, Jr., and Attorney, conveying good title to approximately 8.6 Nisha Dittman acres off of Kilgore Road, more particularly described as Tract 15A, Abstract 65, William Scott Survey, Baytown, Harris County, Texas Jesus Ceja Flores and Celia Torres $3,885.55 Section 3: That upon the satisfaction of the contingency referenced in Section 1 hereof, the Mayor is hereby granted the general authority to execute the quitclaim deeds, attached hereto and incorporated herein for all purposes as Exhibits "G" "H," and "I," conveying its interest in the surface rights to the property described in Exhibits "A" through `B" to the Petitioners in accordance with the Release and Indemnity Agreement, which is attached hereto and incorporated herein as Exhibit "F." Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. /J INTRODUCED, READ and PASSED by the affirm le vote of the City Council of the City of Baytown this the 27th day of August, 2015. / I A ATTEST 7 J L CIA BRYSCH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Cit orney Mayor R:' Karen',Files!City Council Ordinances\2015Wugust 27\AbandonmentotSurfaceRight stoaPottionofOldCedarBayouRoad .doc PARCEL'W' PARCEL DESCRIPTION A tract of land containing 0.8586 acres being a portion of Cedar Bayou - Lynchburg Road (width varies) and located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a set five eighths inch iron rod with cap stamped "CCI" being the POINT OF BEGINNING of the tract herein described; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths inch iron rod with cap stamped "CCI" and being the northwest comer of the tract herein described, being in the south line of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142; 2. THENCE, North 87 degrees 16 minutes 13 seconds East, along the south line of said 1.7752 acre tract, for a distance of 555.25 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast comer of the had herein described; 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the east line of the herein described tract, for a distance of 66.49 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract, for a distance of 554.24 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 T.B.P.L.S. FIRM REG. NO. 10039400 PARCEL "B" PARCEL DBSCRIPTION A tract of lend containing 0.0462 arses being out of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, located in the W.O. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Belhiew Ades Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou- Lym" Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for comer THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths inch iron rod with cap stamped "CCP' marking the POINT OF BEGINNING, 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said 1.7752 acme, for a distance of 11.22 feet to a set five eighths inch iron rod with cap stamped `•CCP•, being the northwest corner of the tract herein described and in the south line of Cedar bayou- Lynchburg Road (width varies); 2. THENCE, North 69 degrees 24 minutes 15 seconds East, along the south line of said Cedar Bayou - Lynchburg Road, for a distance of 80.48 feet to a set five eighths inch iron rod with cap stamped "CCP•, being the northeast dormer of the tract herein described; 3. THENCE, South 20 degrees 37 minutes 12 seconds East, over and across said called 1.7752 acre tract, for a distance of 37.74 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the southeast comer of the had herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 88.16 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 -947 -6606 TB.P.L3. FIRM RB3. No. 10039400 PARCEL "C" PARCEL DESCRIPTION A tract of land containing 0.0734 acres being out of a called 1.7752 acre trod as recorded in Harris County Clerk's File No. M445142, located in the W.O. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one and halve inch iron rod marking the northwest comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Fast, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for comer THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou. Lynchburg Road, for a distance of 68.36 feet to the north line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 16 minutes 13 seconds East, along the north line of said Cedar Bayou - Lyncbburg Road, for a distancat of 422.63 fret to a set five eighths inch iron rod with cap stamped "CCI" and being the POINT OF BEGINNING; I. THENCE, North 70 degrees 33 minutes 02 seconds Fast, over and across said 1.7752 acres, for a distance of 91.63 feet to a set five eighths inch iron rod with cap stamped "CCr, being the beginning of a curve to the left; 2. THENCE, for an arc length of 70.01 feet, following a curve to the left, having a radius of 94.60 feet, a chord bearing of North 39 degrees 13 minutes 44 seconds, East, and chord distance of 68.42 feet to a set five eighths inch iron rod with cap stamped "CCI" in the west line of Main Street (width varies}, 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the west line of said Mein Street, for a distance of 77.24 feet to a set five eighths inch iron rod with cap stamped "CCr, being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 132.61 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newel . Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 T.t3.P.LS. FMM REG. NO. 10039400 PARCEL "D" PARCEL DESCRIPTION A tract of land containing 0.1747 acres being a portion of Cedar Bayou - Lynchburg Road (width varies), located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas and a portion of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 254.21 feet to a set five eighths inch iron rod with cap stamped "CCI", being the POINT OF BEGINNING; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 38.57 feet to a set five eighths inch iron rod with cap stamped "CCP', being the northwest comer of the tract herein described; 2. THENCE, North 69 degrees 24 minutes 15 seconds East, continuing over and across said Cedar Bayou - Lynchburg Road and over and across said called 1.7752 acres tract for a distance of 135.15 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast corner of the tract herein described 3. THENCE, South 02 degrees 56 minutes 04 seconds East, along the east line of the herein described tract, for a distance of 79.58 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast corner of the tract herein described and in the north line of said Unrestricted Reserve "A'; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract and the north line of said Unrestricted Reserve "A ", for a distance of 128.78 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 Rev: July 08, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713-947-6606 TREL.S. FIRM REG. NO. 10039400 PARCEL "B" PARCEL DESCRIPTION A tract of land containing 0.0892 acres being located in the Harvey Whiting Survey, Abstract Number 840, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENGING, at a found one halve inch iron rod with cap marking the most northerly northeast comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054 of the Map Records of Harris County, Texas, the northwest corner of a called 1.6798 acre tract as recorded in Harris County Clerk's File No. 20080249562 and in the south line of Cedar Bayou - Lynchburg Road (width varies); THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of said called 1.6798 acre tract and the south line of said Cedar Bayou- Lynchburg Road for a distance of 141.76 to a found one half inch iron rod marking the POINT OF BEGINNING, I. THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of the herein described tract, for a distance of 141.25 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast comer of the tract herein described; 2. THENCE, South 07 degrees 18 minutes 09 seconds East, along the out line of the tract herein described, for a distance of 98.42 feet to a found one halve inch iron rod, marking the beginning of a non-tangent curve to the left; 3. THENCE, for an are length of 187.59 feet, following a curve to the left, having a radius of 170.00 feet, a chord bearing of North 59 degrees 30 minutes 48 seconds West, and a chord distance of 178.22 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 - 947 -6606 Exhibit T" NOTICE OF CONFIDENTIALITY RIGHTS: 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 RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the CITY OF BAYTOWN, a home -rule municipality located in Harris and Chambers Counties, Texas, as Transferor, for and in consideration of that certain Release and Indemnity Agreement executed on the _ day of August, 2015, which is attached hereto and incorporated herein as Exhibit "A," and the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to EDDIE V. GRAY, TRUSTEE, and EDDIE VAUGHN GRAY, TRUSTEE, as Transferees, all Transferor's right, title, and interest in and to the surface of property described in Exhibit "D," which is attached hereto and incorporated herein for all intents and purposes (the "Property "); provided; however, this transfer does not include any right to build, construct, or place any structure on the Property or any right to permit or allow any third person to build construct or place any structure on the Property. If any structure is permitted, built, constructed or placed on the Property, the TRANSFEROR may remove the same without notice at the sole cost and expense of the TRANSFEREES, their heirs, representatives, successors, and assigns. Payment for such costs and expenses shall be made within fifteen (15) days of receipt of invoice therefor and interest will accrue on late payments at the highest rate allowable by law. Until Ouitclaim Deed, Page 1 such costs and expenses have been paid in full, the Property shall be subject to a lien in favor of TRANSFEROR. TRANSFEROR, for itself, its successors and assigns as well as for other public utilities, reserves and excepts from this transfer a utility and access easement above, across, over and under the Property for the purposes of constructing, inspecting, repairing, maintaining and removing utility and drainage lines, structures and other improvements necessary for such utilities. TO HAVE AND TO HOLD all of TRANSFEROR'S right, title, and interest in and to the surface of the Property herein transferred, together with all and singular the rights and appurtenances belonging in any way to Transferor concerning the surface of the Property and transferred herein, by Transferees and Transferees' heirs, personal representatives, successors and assigns forever. Neither Transferor nor Transferor's successors or assigns shall have, claim, or demand any right, title, or interest in all or any part of the surface of the Property except as otherwise reserved herein by TRANSFEROR. EXECUTED this the day of , 2015. TRANSFEROR CITY OF BAYTOWN STATE OF TEXAS § COUNTY OF HARRIS § STEPHEN H. DONCARLOS Mayor Before me, , the undersigned notary public, on this day personally appeared Stephen H. DonCarlos, the Mayor of the City of Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and Quitclaim Deed, Page 2 acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of City of Baytown in the capacity stated. SUBSCRIBED AND SWORN before me this day of 32015. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: CITY OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 RETURN TO TRANSFEREES: EDDIE V. GRAY, TRUSTEE AND EDDIE VAUGHN GRAY, TRUSTEE P.O. BOX 638 BAYTOWN, TX 77522 R:` Karen Files' Legal' Deeds & Easements\ Quitclaim4EddieVGrayAbandonment .doc Ouitclaim Deed, Page 3 Exhibit "A" RELEASE AND I:NDEN ITY AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Eddie V. Gray, Trustee and Eddie Vaughn Gray, Trustee, Fred C. Dittman, Jr., Nisha Dittman, Jesus Ceja Flores, and Celia Torres (collectively the "Petitioners ") have filed with the City of Baytown (tile "City ") a petition for the abandonment of the right -of -way of Old Cedar -Bayou Lynchburg Road, as more particularly described In Exhibits "A" through "E," which are attached hereto and incorporated herein for all intents and purposes (collectively the "Abandoned Property"; and WHEREAS, the Petitioners are the sole owners of property adjacent to the Abandoned Property; and WI•IEREAS, the Petitioners have agreed amongst themselves as to how they want the Abandoned Property divided; and WHEREAS, the Petitioners have asked that the City convey the Abandoned Properly in the manner that they desire, which is as follows: Eddie V. Gray, Trustee and Eddie Vaughn Exhibit "D" Gray, Trustee Fred C. Dittman, Jr, and Nisha Dittman Exhibits "Az" "B," and "C" Jesus Ceia Flores and Celia Torres Exhibit "E" and WHEREAS, the City is willing to so convey the Abandoned Property in tine manner desired subject to the terms and conditions herein and in the ordinance whereby the City Council consents to the abandonment; NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Petitioners hereby agree as follows: I. RECITALS The findings of fact, recitations and provisions set forth in tine recitals to this Release and Indemnity Agreement (this "Agreement ") are true and are adopted and made a part of the body of this Agreement, binding the Parties hereto, as if the same were fully set forth herein. 2.01 H. INDEMNITY AND RELI✓ASE THE PETITIONERS AGREE TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES, (COLLECTIVELY, THE 46CITY11) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES AND SUITS Or EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH THE CITY'S ABANDONMENT OF THE PROPERTY AND /OR THE DIVISION OF SUCH PROPERTY AMONG THE PETITIONERS, CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTI•IER PERSON OR ENTITY AND /OR (II) THE SOLE OR JOINT NEGLIGENCE OF THE PETITIONERS. IT IS THE EXPRESSED IN'T'ENTION Or THE PARTIES HERETO, BOTH THE tolcnye And Indemnity Agreement, l'ngo I PETITIONERS AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE PETITIONERS TO INDEMNIFY AND PROTECT THE CITY FROM TUE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING DAMAGE AND /OR (H) THE NEGLIGENCE OF THE PETITIONERS. FURTHERMORE, THEE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE, OF ACTION, SUIT AND LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. 2.02 Legal Counsel. to the event that any action or proceeding is brought against the City by reason of any matter which the City is indemnified herein, the Petitioners further agree and covenant to defend the action or proceeding by legal counsel acceptable to the City, 2.03 Relcas e. The Petitioners understand and agree that by abandoning the Abandoned Property, the City has not consented to litigation or suit, and any consent to litigation that it may have granted by the terms hereof or any other contract or agreement, any charter, or applicable state law is revoked. Nothing herein or any actions by the City shall be construed so as to limit or waive the City's sovereign immunity. The Petitioners assumo full responsibility for their requested division of Abandoned Property and hereby release, relinquish and discharge tine City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of ally person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the properly be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Abandoned Property. 2.04 Bindin a non suture Owners. The Petitioners understand and agree that the release and indemnity obligations contained herein shall be Incorporated into the quitclaim deeds used to convey the Abandoned Property and shall be a covenant running with the land. MISCCLLANFOUS 3.01 Choice of Law; Venue. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. Tine place of snaking and the place of performance for all purposes shall be Baytown, Harris County, Texas. 3.02 Severability. Should any provision of this Release and indemnity Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue to ti►II force and effect. 3.03 Ambiguities. In the event of any ambiguity in any of the terms of this Release and indemnity Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the saute. 3.04 Agreement Read. The Petitioners acknowledges that its officer executing this agreement has read, understands and intends to be bound by the terms and conditions of this Agreement. 3.05 Authority. The persons executing this Agreement hereby represent that they have full authority to execute this Agreement and to bind the Petitioners. 3.06 ►Iti ple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. iteleaso And Indemnity Agmiu d. fage 2 Sighed this 8'l' day of , 2015. x%140 Eddie V. Gray, Trustee and EdefieVaughn Gray, Trustee STATE OF TEXAS COUNTY Of HARRIS Before me on this day personally appeared Eddie V. Gray and F.ddie Vaughn Gray in his individual capacity and as Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to rno that lic /she executed the same for the purposes and consideration th - in expressed. SU S R ,Mr F D is � day o�1- ( = 2015. D OELIN COLE My CommIs si on Expires November 23, 2015 l Notary Public in and for the State of Texas Signed this $ clay of 2015. Free d"Dit man, STATE OF TEXAS COUNTY OF HARRIS Before me on this day personally appeared Fred Dittman, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of , 20 [5. BETtYJ.BTixplree D My Commisslon March 31, 2017 nrmmwnrmrrrtm Signed this R1L_ day of _11,64 , 2015, STATE OF TEXAS COUN'T'Y OF HARRIS Nola •y Public n i nd for the Stale of Texas Ni ha Dittman Before me on this day personally appeared Nisha Dittman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this El, Lslay of �� , 2015. BETTY &STEED My Commisslon Fxplree March $1, 2017 Zelcnsc And Imimnnily Agreement, Pago 3 Nota fy Public 'm find for the State of Texas Signed this y g � da of i _, 2015. STATE OF TEXAS COUNTY OF HARRIS Jesus teja Flores Before me on this day personally appeared Jesus Ceja Flores, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. nn SUBSCRIBED AND SWORN before me this /O day of '2015. �rY BELINDA S COLE My Commission Expires November 23, 2016 h j��ICC/ll�� Signed this `day of i`{' , 2015. STATE OF TEXAS COUNTY OF HARRIS ( . _ a Notary Public in and for the State of Texas Celia Torres Before me on this day personally appeared Celia Torres, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /site executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before fne this # day of , 2015. o BELINDA S COLE My Commission Expires November 23, 2016 Release And Indemnify Aarccment. Page 4 --/-( ' � �/./Ix ,, - �-lf &�a- Notary Public in affil for the State of Texas PARCEL "A" PARCEL DESCRIPTION A tract of land containing 0,8586 acres being a portion of Cedar Bayou - Lynchburg Road (width varies) and located in the W.O. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A', Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reservo "A ", for a distance of 382,99 feet to a set five eighths inch iron rod with cap)tamped "CCI" being the POINT OF BEGINNING of the tract herein described; I. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths inch iron rod with cap stamped "CCI" and being the horthwest comer of the tract herein described, being in the south line of a called 1,7752 acre tract as recorded in Harris County Clerk's File No. M445142; 2. THENCE, North 87 degrees 16 minutes 13 seconds Bast, along the south line of said 1.7752 acre tract, for a distance of 555.25 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the northeast corner of the tract herein described; 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the east line of the herein described tract, for a distance of 66,49 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract, for a distance of 554.24 feet to the POINT OF BEGINNING. Boarings shown hereon are based on the Texas State Piano Coordinate System, South Central Zone 4204, NAD 83, A drawing of even date accompanies the description, Date; July 02, 2015 David C. Nowell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 - 947.6606 TAX.L.S. FIRM REG. NO. 10039400 PARCEL "B" PARCEL DESCRIPTION A tract of land containing 0.0462 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's Pile No. M445142, located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by motes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Lust, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for corner THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou. Lynchburg Road, for a distance of 68.36 feet to a act five eighths inch iron rod with cap stamped "CCl" marking the POINT OF BEGINNING; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said 1.7752 acres, for a distance of 11.22 feet to a set five eighths inch iron rod with cap stamped "CCI", boing the northwest corner of the tract herein described and in the south line of Cedar bayou - Lynchburg Road (width varies); 2. THENCE, North 69 degrees 24 'minutes 15 seconds mast, along the south line of said Cedar Bayou - Lynchburg Road, for a distance of 80.48 feet to a Set fivo eighths inch Iron rod with cap stamped "CCP', being the northeast confer of the tract herein described; 3. THENCE, South 20 dogma 37 minutes 12 seconds East, over and across said called 1.7752 acre tract, for a distance of 37.74 feet to a sot five eighths inch iron .rod with cap stamped "CCI", being the southeast corner of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distanoe of 88.16 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 -947 -6606 T B.P.L.S. FIRM REG. N0. 10039400 PARCEL "C" PARCEL DESCRIPTION A tract of land containing 0.0734 acres being out of a called 1.7752 acre tract as recorded in Barris County Clerk's File No. M445142, located in the W.0, Douglas Survoy, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds w follows; COMMENCING, at a found one and halve inch iron rod marking the northwest corner of Unrestricted Resorvo "A ", Bellview Acres Minor Plat, recorded in Film Code No, 654054, of the Map Records of Harris County Texas and in the south lino of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for corner THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou. Lynchburg Road, for a distance of 68.36 feet to the north line of said Cedar Bayou- Lynchburg Road; THENCE, North 87 degrees 16 minutes 13 seconds East, along the north line of said Cedar Bayou- Lynchburg Road, for a distance of 422.63 feet to a sot five eighths inch iron rod with cap stamped "CCI" and being the ]POINT OF BEGINNING; 1. THENCE, North 70 degrees 33 minutes 02 seconds Ea94 over and across said 1.7752 acres, for a distance of 91.63 feet to a set five eighths inch iron rod with cap stamped "CCI", being the beginning of a curve to the left; 2. THENCE, fbr an are length of 70.01 feet, following a curve to the left, having a radius of 94.60 feet, a chord bearing of North 39 degrees 13 minutes 44 seconds, East, and chord distance of 68.42 feet to a act five eighths inch iron rod with cap stamped "CCI" in the west line of Main Street (width varies), 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the west line of said Main Street, for a distance of 77.24 feet to a set five eighths inch iron rod with cap stamped "CCr', being the southeast corner of the tract herein described,, 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along tho south line of the herein described tract, for a distance of 132.61 feet to the POINT OF BEGINNING. A drawing of even data accompanies the description. Date: July 02, 2015 David C. Newe Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. -- 713- 947.6606 T.D.P,L.S. FIRM REG. NO. 10039400 PARCEL "D" PARCEL DESCRIPTION A tract of land containing 0.1747 acres being a portion of Cedar Bayou - Lynchburg Road (width varies), located in the W.G. Douglas Survey, Abstract No, 10664, Harris County, Texas and a portion of a called 1 .7752 acre tract as recorded in Harris County Clerk's File No. M445142, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 254.21 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the POINT OF BEGINNING; I. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 38.57 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northwest corner of the tract herein described; 2. THENCE, North 69 degrees 24 minutes 15 seconds East, continuing over and across said Cedar Bayou - Lynchburg Road and over and across said called 1,7752 acres tract for a distance of 135.15 feet to a act five eighths lrrclr iron rod with cap stamped "CCI ", being the northeast corner of the tract herein described 3. THENCE, South 02 degrees 56 minutes 04 seconds East, along the east line of the herein described tract, for a distance of 79.58 feet to a set five eighths inch iron rod with cap stamped "CCI", being tho southeast corner of the tract herein described and in the north line of said Unrestricted Reserve "A "; i 4. TH ENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the i herein described tract and the north line of said Unrestricted Reserve "A ", for a distance of 128.78 feet to the POINT Orr BEGINNING, A drawing of even date accompanies the description. Date; July 02, 2015 Rev, July 08, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No, 4085 Civil Concepts, Inc. -- 713- 947 -6606 T,B.RL.9, FIRM REG. NO. 10039400 PARCEL "B" PARCEL DESCRip,rION A tract of land containing 0.0892 acres being located in the Harvey Whiting Survey, Abstract Number 840, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENGING, at a found one halve inch iron rod with cap marking the most northerly northeast corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054 of the Map Records of Harris County, Texas, the northwest corner of a called 1.6798 aero traot as recorded in Harris County Clork's File No. 20080249562 and in the south line of Cedar Bayou - Lynchburg Road (width varies); THENCE, Noah 87 degrees 04 minutes 34 seconds mast, along the north line of said called 1.6798 acre tract and the south line of said Cedar Bayou - Lynchburg Road for a distance of 141.76 to a found one half Inch Iron rod marking the POINT OF BEGINNING; 1. THENCE, North 87 degrees 04 minutes 34 seconds Bast, along the north line of the heroin described tract, for a distance of 141,25 foot to a set five eighths inch iron rod with cap stamped "CCV, being the northeast corner of the tract heroin described; 2. THENCE, South 07 degrees 18 minutes 09 seconds East, along the east line of the tract herein described, for a distance of 98.42 foot to a found one halve inch iron rod, marking the beginning of a non - tangent curve to the left; 3. THENCE, for an are length of 187.59 feet, following a curve to the left, having a radius of 170.00 feet, a chord bearing of North 59 degrees 30 minutes 48 seconds West, and a chord distance of 178.22 feet to the POINT OF BEGINNING, A drawing of even date accompanies the description. Date; July 02, 2015 David C. Nowell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 PARCEL "D" PARCEL DESCRIPTION A tract of land containing 0.1747 acres being a portion of Cedar Bayou - Lynchburg Road (width varies), located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas and a portion of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Hams County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 254.21 feet to a set five eighths inch iron rod with cap stamped "mr, being the POINT OF BEGINNING; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 38.57 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northwest corner of the tract herein described; 2. THENCE, North 69 degrees 24 minutes 15 seconds East, continuing over and across said Cedar Bayou - Lynchburg Road and over and across said called 1.7752 acres tract for a distance of 135.15 feet to a set five eighths inch iron rod with cap stamped "CCP', being the northeast corner of the tract herein described 3. THENCE, South 02 degrees 56 minutes 04 seconds East, along the east line of the herein described tract, for a distance of 79.58 feet to a set five eighths inch iron rod with cap stamped "CCl", being the southeast corner of the tract herein described and in the north line of said Unrestricted Reserve "A'; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract and the north line of said Unrestricted Reserve "A ", for a distance of 128.78 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 Rev: July 08, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713-947-6606 T.B.P.L.S. FIRM REG. NO. 10039400 Exhibit "G" NOTICE OF CONFIDENTIALITY RIGHTS: 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 RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the CITY OF BAYTOWN, a home -rule municipality located in Harris and Chambers Counties, Texas, as Transferor, for and in consideration of that certain Release and Indemnity Agreement executed on the _ day of August, 2015, which is attached hereto and incorporated herein as Exhibit "D," and the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to FRED C. DITTMAN, JR., and NISHA DITTMAN, as Transferees, all Transferor's right, title, and interest in and to the surface of property described in Exhibits "A," "B," and "C" which are attached hereto and incorporated herein for all intents and purposes (the "Property "); provided; however, this transfer does not include any right to build, construct, or place any structure on the Property or any right to permit or allow any third person to build construct or place any structure on the Property. If any structure is permitted, built, constructed or placed on the Property, the TRANSFEROR may remove the same without notice at the sole cost and expense of the TRANSFEREES, their heirs, representatives, successors, and assigns. Payment for such costs and expenses shall be made within fifteen (15) days of receipt of invoice therefor and interest will accrue on late payments at the highest rate allowable by law. Until Ouitclaim Deed, Page 1 such costs and expenses have been paid in full, the Property shall be subject to a lien in favor of TRANSFEROR. TRANSFEROR, for itself, its successors and assigns as well as for other public utilities, reserves and excepts from this transfer a utility and access easement above, across, over and under the Property for the purposes of constructing, inspecting, repairing, maintaining and removing utility and drainage lines, structures and other improvements necessary for such utilities. TO HAVE AND TO HOLD all of TRANSFEROR'S right, title, and interest in and to the surface of the Property herein transferred, together with all and singular the rights and appurtenances belonging in any way to Transferor concerning the surface of the Property and transferred herein, by Transferees and Transferees' heirs, personal representatives, successors and assigns forever. Neither Transferor nor Transferor's successors or assigns shall have, claim, or demand any right, title, or interest in all or any part of the surface of the Property except as otherwise reserved herein by TRANSFEROR. EXECUTED this the day of , 2015. TRANSFEROR CITY OF BAYTOWN II STATE OF TEXAS § COUNTY OF HARRIS § STEPHEN H. DONCARLOS Mayor Before me, , the undersigned notary public, on this day personally appeared Stephen H. DonCarlos, the Mayor of the City of Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and Quitclaim Deed, Page 2 acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of City of Baytown in the capacity stated. SUBSCRIBED AND SWORN before me this day of , 2015. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: CITY OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 RETURN TO TRANSFEREES: FRED C. DITTMAN, JR. AND NISHA DITTMAN 3506 CREEKBEND DRIVE BAYTOWN, TX 77521 UCOBFSOIILegahKare&Files' Legar. Deeds & Easementsi Quitclaim4DittmansAbandonment .doc Quitclaim Deed, Page 3 PARCEL "A,. PARCEL DESCRIPTION A tract of land containing 0.8586 acres being a portion of Cedar Bayou - Lynchburg Road (width varies) and located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMNCING, at a found one halve inch iron rod marking the northwest comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou- Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a set five eighths inch iron rod with cap stamped "CCI" being the POINT OF BEGINNING of the tract herein described; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths inch iron rod with cap stamped "CCI" and being the northwest comer of the tract herein described, being in the south line of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142; 2. THENCE, North 87 degrees 16 minutes 13 seconds East, along the south line of said 1.7752 acre tract, for a distance of 555.25 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast comer of the had herein described; 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the east line of the herein described tract, for a distance of 66.49 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast corner of the tract herein described; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract, for a distance of 554.24 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 T.B.P.L.s. FIRM REG. NO. 10039400 PARCEL "B" PARCEL DBSCREMON A had of land containing 0.0462 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, located in the WA Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch ion rod marking the northwest coiner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degmes 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 fed to a point for comer THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 fed to a ad five eighths inch ion rod with cap stamped "CCr' marking the POINT OF BEGINNING; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said 1.7752 acres, for a distance of 11.22 fed to a ad five eighths inch iron rod with cap stamped "CCr', being the northwest comer of the tract herein described and in the south line of Cedar bayou - Lynchburg Road (width varies); 2. THENCE, North 69 degrees 24 minutes 15 seconds East, along the south line of said Cedar Bayou - Lynchburg Road, for a distance of 80.48 feet to a set five eighths inch iron rod with cap stamped "=, being the northeast comer of the tract herein described; 3. THENCE, South 20 degrees 37 minutes 12 seconds East, over and across said called 1.7752 acre tract; for a distance of 37.74 fed to a set five eighths inch iron rod with cap stamped "CC1 ", being the southeast comer of the had herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 88.16 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description Date: July 02, 2015 David C. Newell — Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, lno. – 713- 947 -6606 T9.P.LS. FIRM REG. NO. 10039400 PARCEL "C" PARCEL DESCRIPTION A tract of land containing 0.0734 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, located in the W.O. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one and halve inch iron rod marldng the northwest comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for comer THENCE, Nora 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for it distance of 68.36 feet to the north line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 16 minutes 13 seconds East, along the north line of said Cedar Bayou - Lynchburg Road, for a distance of 422.63 feet to a set five eighths inch iron rod with cap stamped "CC1" and being the POINT OF BEGINNING, 1. THENCE, North 70 degrees 33 minutes 02 seconds East, over and across said 1.7752 acxes, for a distance of 91.63 feet to a set five eighths inch iron rod with cap stamped "CCI", being the beginning of a curve to the left; 2. THENCE, for an are length of 70.01 feet, following a curve to the left, having a radius of 94.60 feet, a chord bearing of North 39 degrees 13 minutes 44 seconds, East, and chord distance of 68.42 feet to a set five eighths inch iron rod with cap stamped "CCI" in the west line of Main Street (width varies), 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the west line of said Main Street, for a distance of 77.24 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 132.61 feet to the POINT OF BEGINNING. A drawing of even data accompanies the description. Date: July 02, 2015 David C. N . Registered Professional Land Surveyor Texas Registration No, 4085 Civil Concepts, Inc. — 713- 947 -6606 TAMS. FMM REG. NO. 10039400 Exhibit "D" RELEASE AND INDEMNITY AGREEMEN'r STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Eddie V. Gray, Trustee and Eddie Vaughn Gray, Trustee, Fred C. Dittman, Jr., Nisha Dittman, Jesus Ceja Flores, and Celia Torres (collectively the "Petitioners ") have filed with the City of Baytown (tile "City ") a petition for the abandonment of the right -of -way of Old Cedar -Bayou Lynchburg Road, as more particularly described in Exhibits "A" through "E," which are attached hereto and incorporated herein for ail intents and purposes (collectively the "Abandoned Property"; and WHEREAS, the Petitioners are the sole owners of property adjacent to the Abandoned Property; and WHEREAS, the Petitioners have agreed amongst themselves as to how they want the Abandoned Property divided; and WHEREAS, the Petitioners have asked that the City convey the Abandoned Property in the manner that they desire, which is as follows: Eddie V. Gray, Trustee and Eddie Vaughn Exhibit "D" Gray, Trustee Fred C, Dittman, Jr. and Nisha Dittman Exhibits "A," "B," and "C" Jesus Cela Flores and Celia Torres Exhibit "E" and WHEREAS, the City is willing to so convey the Abandoned Property in the manner desired subject to the terms and conditions herein and in the ordinance whereby the City Council consents to the abandonment; NOW 'THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Petitioners hereby agree as follows: I. RECITALS The Findings of fact, recitations and provisions set forth in the recitnis to this Release and Indemnity Agreement (this "Agreement ") are true and are adopted and made a part of the body of this Agreement, binding the Parties hereto, as if the same wore filly set forth herein. 2.0 it. INDEMNITY AND REI,I3ASE THE PETITIONERS AGREE TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES, (COLLECTIVELY, THE, "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES AND SUITS OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH THE CITY'S ABANDONMENT OF THE PROPERTY AND /OR TIME DIVISION OF SUCH PROPERTY AMONG THE PETITIONERS, CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND /OR (II) THE SOLE OR JOINT NEGLIGENCE OF THE PETITIONERS. IT IS THE EXPRESSED IN'T'ENTION OF THE PARTIES HERETO, BOTH THE Relcuse And Indeau ity Agreement. Pnse PETITIONERS AND THE, CITY, THAT THE INDEMNITY PROVIDED TOR IN THIS PARAGRAPH IS INDEMNITY BY THE PETITIONERS TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESUL'T'ING DAMAGE AND /OR (H) THE NEGLIGENCE OF THE PETITIONERS. FURTHERMORE, TILE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. 2.02 i.egal Counsel. in the event that any action or proceeding is brought against the City by reason of any matter which the City is indemnified herein, the Petitioners further agree and covenant to defend the action or proceeding by legal counsel acceptable to the City, 2.03 Releas e. Tile Petitioners understand and agree that by abandoning the Abandoned Property, the City has not consented to litigation or suit, and any consent to litigation that it may have granted by the terms hereof or any other contract or agreement, any charter, or applicable state law is revoked. Nothing herein or any actions by the City shall be construed so as to limit or waive the City's sovereign immunity. The Petitioners assume full responsibility for their requested division of Abandoned Property and hereby release, relinquish and discharge the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Abandoned Property. 2.04 Binding upon Future Owners. The Petitioners understand and agree that the release and indemnity obligations contained herein shalt be Incorporated into the quitclaim deeds used to convey the Abandoned Property and shall be a covenant running with the land. Ill. MISCELLANEOUS 3.01 Choice of Law, Venue. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of Its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 3.02 Severability. Should any provision of this Release and Indemnity Agreement be determined to be Invalid or unenforceable, such determination shall not affect any other form of this Agreement, which shall continue in lull force and effect. 3.03 Ambiguities. In the event of any ambiguity in tiny of the terms of this Release and Indemnity Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 3.04 Agreement Read. The Petitioners acknowledges that its oMcer executing this 6greement has read, understands and intends to be bound by the terms and conditions of this Agreement. 3.05 Authority. The persons executing this Agreement hereby represent that they have full authority to execute this Agreement and to bind the Petitioners. 3.06 higWple Counterparts. This Agreement cony be executed in multiple counterparts, each of which shall be deemed an original, and rill of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Releaso And Indemnity Aarccnicar, Doge 2 Signed this 8',' day of _ .2015. ��t2 V. Eddie V. Gray, Trustee and EddIeVaughn Gray, Trustee STATE OF TEXAS § COUNTY OF HARRIS Before me on this day personally appeared Eddie V. Gray and F.ddie Vaughn Gray in his individual capacity and as Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me (lint lie/she executed the same for the purposes and consideration tli in expressed. SU S R -D D O be o n t is r day of , 2015. BELINDA S COLE My CommIs ommisslon Expires _[?,,.�{,16t(. •,[J ` .+ Novombor 23, 2015 Notary Public in and for the State of Texas Signed this P4 day of , 2015. C::: �. n �; 71 - - STATE OF TEXAS § COUNTY OF (-HARRIS § Before me on this day personally appeared Fred Dittman, Jr., known to me to be the person whose name is subscribed to the foregoing instrtunent and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this, day or , 2015. .a,.. i� BETTY J.BT!»ED My Commisslon Expires March $1, 2017 .. . . ............. . . . . . . . Signed this .day of �� 02015, STATE OF TEXAS COUNTY Or HARRIS Nola y Public hifind for the Stale of Texas AM Dittman Before me on this day personally appeared Nisha Dittman, known to me to be (lie person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for (he purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this lay of BETTYJ.•STEED My Commission Expires March 31, 2017 ...r.vv..vy ..rrmv.. Itelensc And Indemnity Aercemeni, fngo 3 Nota y Public' a find for the State of Texas Signed this L:(U d a y of 11411�-/-, 2015. STATE OF TEXAS COUNTY OF HARRIS Jesus teja Flores IT Before me on this day personally appeared Jesus Ceja Flores, known to hne to be the person whose naive is subscribed to the foregoing Instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. J n SUBSCRIBED AND SWORN before me this ! 0 day of , 2015. r BELINDA S COLE My Commission Expires November 23, 2016 j4rrp, AS�y Signed this `day of _ &"/JZ) + , 2015. STATE OF TEXAS COUNTY OF HARRIS t Notary 11u Ib iein and for the State of Texas Celia Torres s Before ine on this day personally appeared Celia Torres, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to nhe that he /she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before hne this day of , 2015. .:rar.n, t BELINDA S COLE My Commission Expires November 23, 2016 Release And indemnify Augment, Page 4 .-/- , �' . 4", j &U, Notary Public in and for the State of Texas PARCEL "A" PARCEL DESCRIPTION A tract of land containing 0.8586 acres being a portion of Cedar Bayou - Lynohburg Road (width varies) and located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halvo inch iron rod marking the northwest comer of Unrestricted Reserve "A', Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou- Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Last, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a set five eighths inch iron rod with cap tamped "CCI" being the POINT OF BEGINNING of the tract herein described; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths Inch iron rod with cap stamped "CCI" and being the horthwest corner of the tract herein described, being in the south line of a called 1.7752 acre tract as recorded in Harris County Clork's File No. M445142; 2. THENCE, North 87 degrees 16 minutes 13 seconds East, along the south line of said 1.7752 acre tract, for a distance of 555.25 feet to a set five eighths inch Iron rod with cap stamped "CCr', being the northeast corner of the tract herein described; 3. THENCE, South 02 degrees 04 minutes 18 seconds East, along the east line of the herein described tract, for a distance of 66.49 feet to a .vet fivo eighths inch Iron rod with cap stamped "CCl ", being the southeast coaxer of the tract herein described; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract, for a distance of 554.24 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plano Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description, Date; July 02, 2015 Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 - 947.6606 T.B,P.L.S. FIRM R80. NO. 10039400 PARCEL "B" PARCEL DESCRIPTION A tract of land containing 0.0462 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's Pile No. M445142, located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor flat, recorded in Pihn Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for corner THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a sot five eighths inch iron rod with cap stamped "CCl" marking the POINT OF BEGINNING; 1, THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said 1.7752 acres, for a distance of 11.22 feet to a set five eighths inch iron rod with cap stamped "CCl ', boing the northwest corner of the tract herein described and in the south line of Cedar bayou - Lynchburg Road (width varles); 2. THENCE, North 69 degrees 24 'minutes 15 seconds mast, along the south line of said Cedar Bayou - Lynchburg Road, for a distance of 80.48 feet to a set five eighths inch iron rod with cap stamped "CCP', being the northeast corner of the tract herein described; 3. THENCE, South 20 degrees 37 minutes 12 seconds Bast, ova and aeroas said called 1.7752 acre tract, for a distance of 37.74 feet to a sot five eighths inch iron .rod with cap stamped "CCI", being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 88.16 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 T.$.P,L.3. FIRM 8130. NO. 10039400 PARCEL "C" PARCEL DESCRIPTION A tract of land containing 0.0734 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, located in the W.O. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and, bounds as follows; COMMENCING, at a found one and halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Codo No, 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for cornor THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou. Lynchburg Road, for a distance of 68.36 feet to the north line of said Cedar Bayou- Lynchburg Road; THENCE, North 87 degrees 16 minutes 13 seconds East, along the north lino of said Cedar Bayou- Lynchburg Road, fbr a distance of 422.63 feet to a sot five eighths inch iron rod with cap stamped "CCI" and being the POINT OF BEGINNING; 1. THENCE, North 70 degrees 33 minutes 02 seconds Lust, over and across said 1.7752 acres, for a distance of 91.63 feet to a set five eighths inch iron rod with cap stamped "CCI", being the beginning of a curve to the left; 2. THENCE, fbr an are length of 70.01 feet, following a curve to the left, having a radius of 94.60 feet, it chord bearing of North 39 degrees 13 minutes 44 seconds, East, and chord distance of 68.42 feet to a act five eighths inch iron rod with crap stamped "CCI" in the west line of Main Street (width varies), 3. THENCE, South 02 degrees 04 minutes 18 seconds Bast, along the west line of said Main Street, for a distance of 77.24 feet to a set five eighths inch iron rod with cap stamped "CCI", being the southeast corner of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 132.61 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 David C. New Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947.6606 T.B.P.L.S. FIRM REG. NO. 10039400 PARCEL "D" PARCEL DESCRIPTION A tract of land containing 0.1747 acres being a portion of Cedar Bayou- Lynchburg Road (width varies), located in the W.G. Douglas Survey, Abstract No, 10664, Harris County, Texas and a portion of a called 1,7752 acre tract as recorded in Harris County Clerk's File No. M445142, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one lialve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bollview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou- Lynchburg Road; TIIENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 254.21 feet to a set five eighths inch iron rod with cap stamped "CCI", being the POINT OIL BEGINNING; 1. TIIENCE, North 02 degrees 56 minutes 04 seconds West, over acid across said Cedar Bayou - Lynchburg Road, for a distance of 38.57 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northwest corner of the tract herein described; 2. THENCE, North 69 degrees 24 minutes 15 seconds East, continuing over and across said Cedar Bayou - Lynchburg Road and over and across said called 1.7752 acres bract for a distance of 135,15 feet to a set five eighths inch iron rod with cap stamped "CCT, being the northeast corner of the tract herein described 3. THENCE, South 02 degrees 56 minutes 04 seconds East, along the east line of the herein described tract, for a distance of 79.58 feet to a set five eighths inch iron rod with ' cap stamped "CCI", being the southeast corner of the tract herein described and in the north line of said Unrestricted Reserve "A "; i 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract and the north line of said Unrestricted Reserve "A ", for a distance ' of 128.78 feet to the POINT OIL BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 Rev: July 08, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc.... 713- 947 -6606 T DAL.9. FIRM REG. NO. 10039400 PARCEL "E" PARCEL DESCRIPTION A tract of land containing 0.0892 acres being located in the Harvey Whiting Survey, Abstract Number 840, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENGING, at a found one halve inch iron rod with cap marking the most northerly northeast corner of Unrestricted Reserve "A ", Bollview Acres Minor Plat, recorded in Film Code No. 654054 of the Map Records of Harris County, 'Texas, the northwest corner of a called 1.6798 aero tract as recorded in Harris County Clork's File No. 20080249562 and in the south lino of Cedar Bayou - Lynchburg Road (width varies); THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of said called 1.6798 acre tract and the south line of said Cedar Bayou - Lynchburg Road for a distance of 141.76 to a found one half inch iron rod marking the POINT OIL BEGINNING; 1. THENCE, North 87 degrees 04 minutes 34 seconds Bast, along the north line of the herein described tract, for a distance of 141.25 foot to a set five eighths inch iron rod with cap stamped "CCI", being the northeast corner of the tract herein described; 2. THENCE, South 07 degrees 18 minutes 09 seconds East, along the east line of the tract herein described, for a distance of 98.42 feet to a found one halve inch iron rod, marking the beginning of a non - tangent curve to the left; 3. THENCE, for an arc length of 187.59 feet, following a curve to the left, having a radius of 170.00 feet, a chord bearing of North 59 degrees 30 minutes 48 seconds West, and a chord distance of 178.22 feet to the POINT OF BEGINNING, A drawing of even date accompanies the description. Date; July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 Exhibit "H" NOTICE OF CONFIDENTIALITY RIGHTS: 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 RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the CITY OF BAYTOWN, a home -rule municipality located in Harris and Chambers Counties, Texas, as Transferor, for and in consideration of that certain Release and Indemnity Agreement executed on the _ day of August, 2015, which is attached hereto and incorporated herein as Exhibit "A," and the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to JESUS CEJA FLORES and CELIA TORRES, as Transferees, all Transferor's right, title, and interest in and to the surface of property described in Exhibit `B," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); provided; however, this transfer does not include any right to build, construct, or place any structure on the Property or any right to permit or allow any third person to build construct or place any structure on the Property. If any structure is permitted, built, constructed or placed on the Property, the TRANSFEROR may remove the same without notice at the sole cost and expense of the TRANSFEREES, their heirs, representatives, successors, and assigns. Payment for such costs and expenses shall be made within fifteen (15) days of receipt of invoice therefor and interest will accrue on late payments at the highest rate allowable by law. Until such costs Ouitclaim Deed, Page 1 and expenses have been paid in full, the Property shall be subject to a lien in favor of TRANSFEROR. TRANSFEROR, for itself, its successors and assigns as well as for other public utilities, reserves and excepts from this transfer a utility and access easement above, across, over and under the Property for the purposes of constructing, inspecting, repairing, maintaining and removing utility and drainage lines, structures and other improvements necessary for such utilities. TO HAVE AND TO HOLD all of TRANSFEROR'S right, title, and interest in and to the surface of the Property herein transferred, together with all and singular the rights and appurtenances belonging in any way to Transferor concerning the surface of the Property and transferred herein, by Transferees and Transferees' heirs, personal representatives, successors and assigns forever. Neither Transferor nor Transferor's successors or assigns shall have, claim, or demand any right, title, or interest in all or any part of the surface of the Property except as otherwise reserved herein by TRANSFEROR. EXECUTED this the day of , 2015. TRANSFEROR CITY OF BAYTOWN STATE OF TEXAS § COUNTY OF HARRIS § STEPHEN H. DONCARLOS Mayor Before me, , the undersigned notary public, on this day personally appeared Stephen H. DonCarlos, the Mayor of the City of Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and Ouitclaim Deed, Page 2 acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of City of Baytown in the capacity stated. SUBSCRIBED AND SWORN before me this day of , 2015. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: CITY OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 RETURN TO TRANSFEREES: JESUS CEJA FLORES AND CELIA TORRES 4914 N. MAIN STREET BAYTOWN, TX 77521 %A COBFSOI %LegahKaren%FileslLegaNDeeds & EasementslQurtclaim4F ]ores &TorresAbandonment.doc Ouitclaim Deed, Page 3 Exhibit "A" RELEASE AND INDEWaTY AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Eddie V. Gray, Trustee and Eddie Vaughn Gray, Trustee, Fred C. Dittman, Jr., Nisha Dittman, Jesus Ceja Flores, and Celia Torres (collectively the "Petitioners ") have filed with the City of Baytown (the "City ") a petition for the abandonment of the right -of -way of Old Cedar -Bayou Lynchburg Road, as more particularly described in Exhibits "A" through "E," which are attached hereto and incorporated herein for all intents and purposes (collectively the "Abandoned Property"; and WHEREAS, the Petitioners are the sole owners of properly adjacent to the Abandoned Property; and WHEREAS, the Petitioners have agreed amongst themselves as to how they want the Abandoned Property divided; and WHEREAS, the Petitioners have asked that the City convey the Abandoned Properly in the manner that they desire, which is as follows: Eddie V. Gray, Trustee and Eddie Vaughn Exhibit "D" I Gray. Trustee Fred C, Dittman, Jr. and Nisha Dittman Exhibits "A," "R," and "C" Jesus Cela Flores and Celia Torres Exhibit "E" and WHEREAS, the City is willing to so convey the Abandoned Property in the manner desired subject to the terms and conditions herein and in the ordinance whereby the City Council consents to the abandonment; NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Petitioners hereby agree as follows: I. RECITALS The findings of fact, recitations and provisions set forth in the recitals to this Release and Indemnity Agreement (this "Agreement ") are true and are adopted and made a part of the body of this Agreement, binding the Parties hereto, as if the same were filly set forth herein. 2.01 IL INDEMNITY AND RELEASE THE PETITIONERS AGREE TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEPEND THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES, (COLLECTIVELY, THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES AND SUITS OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' PEES, ARISING OUT OF OR IN CONNECTION WITH THE CITY'S ABANDONMENT OF THE PROPERTY AND /OR TIME DIVISION OF SUCH PROPERTY AMONG THE PETITIONERS, CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTI•IER PERSON OR ENTITY AND /OR (H) THE SOLE OR JOINT NEGLIGENCE OF THE PETITIONERS. IT IS THE EXPRESSED IN'T'ENTION OF THE PARTIES HERETO, BOTH THE Release And Indemnity Agreement, Page I PETITIONERS AND THE' CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE PETITIONERS TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHE RE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESUL'T'ING DAMAGE AND /OR (In THE NEGLIGENCE OF THE; PETITIONERS. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT.' AND LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. 2.02 Legal Counsel. In the event that any action or proceeding is brought against the City by reason of any matter which the City is indemnified herein, the Petitioners further agree and covenant to defend the action or proceeding by legal counsel acceptable to the City. 2.03 Reloa se. The Petitioners understand and agree that by abandoning the Abandoned Property, the City has not consented to litigation or suit, and any consent to litigation that it may have granted by the terms hereof or any other contract or agreement, any charter, or applicable state law is revoked. Nothing herein or any actions by the City shall be construed so as to limit or waive (lie City's sovereign immunity. The Petitioners assume full responsibility for their requested division of Abandoned Property and hereby release, relinquish and discharge the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the properly be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Abandoned Property. 2.04 Bindin u ion Future Owners. The Petitioners understand and agree that tine release and indemnity obligations contained herein shall be incorporated into the quitclaim deeds used to convey the Abandoned Property and shrill be a covenant running with the land. III. MISCELLANEOUS 3.01 Choice of Law; Venue. This Agreement shall in al I respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes sliall be Baytown, Harris County, Texas. 3.02 Sevembility. Should any provision of this Release and Indemnity Agreement be determined to be invalid or unenforceable, such determination shall not affect tiny other term of this Agreement, which shall continue in (Lill force and effect. 3.03 Ambifniffies. In the event of any ambiguity in tiny of the terms of this Release and Indemnity Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 3.04 Agreement Read. The Petitioners acknowledges (lint its officer executing this agreement has read, understands and intends to be bound by the terms and conditions of this Agreement. 3.05 Authority. The persons executing this Agreement hereby represent that they have full authority to execute this Agreement and to bind the Petitioners. 3.06 Multiple Counterparts. This Agreement may be executed in multiple coun(erparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. J eleaso And indemnity Amoncal. Inge 2 Signed this O Al day of , 2015. 494ao Eddie V. Gray, Trustee and EddieVauglin Gray, Trustee STATE OF TEXAS § COUNTY OF HARRIS Before me on this day personally appeared Eddie V. Gray and F.ddie Vaughn Gray in his individual capacity and as Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that le /she executed the same for the purposes and consideration th in expressed. SU S R FD b O be o a t is r day of i't's` , 2015. � ,MY BELINDA S COLE j r My Commisslon Expires _Q� � -�-'' Novombor 23, 2015 Notary Public in and for the State of Texas 'rrra,ri Signed this $, 4 (lay of , 2015. r�— Fred d"Dit than, STATE Of TEXAS COUNTY Of HARRIS Before me on this day personally appeared Prod Dittman, Jr., known to me to be the person whose name is subscribed to the 1'oregohtg instrument and acknowledged to me that He/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before the this g�L day of , 2015, .AA" BETTY J. STEED My Commlaelon Expires March 31, 20177 Signcd this 1 `day of 1��, 2015. STATE OIL TEXAS COUNTY OF HARRIS Nola •y Public fit,' nd e Slate of Texas Ni dha Ditinlall Before me on this day personally appeared Nisha Dittman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged) to me that he /she executed the same for (lie purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 8 ,day of , d. , 2015. BETTY &STEED My Commlmlon Expires March 31, 2017 Trf"vvvrAT"V"Vmvv"vj Rolonse And Indemnity Agreement, Pago 3 Nota y Public 'm find for the State of Texas Signed this -LO "-day g 11 `da of � , 2015. STATE OF TEXAS COUNTY OF HARRIS V Jesus e j i ' ` a Flores Before me on this day personally appeared Jesus Ceja Flores, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. ) n SUBSCRIBED AND SWORN before me this f 0 day of , 2015. r BELINDA s COLE My Commission Expires November 23, 2016 +is,rM,ifr'' Signed this `day of I� , 2015. STATE OF TEXAS COUNTY OF HARRIS t � a� it, A-1) /)I blie m and for the State of Texas Celia Torres s Before ine on this day personally appeared Celia Torres, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /site executed the satne for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this k day of , 2015. ° BELINDA S COLE My Commission Expires November 23, 2016 Rcloase And Indctnniiv Anrcement. Page 4 Notary Public m and for the State of Texas PARCEL "A" PARCEL DESCRIPTION A tract of land containing 0,8586 acres being a portion of Cedar Bayou - Lynchburg Road (width varies) and located in the W.0, Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054, of the Map Records of Barris County Texas and in the south line of said Cedar Bayou- Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reservo "A ", for a distance of 382.99 feet to a not five eighths inch iron rod with cap):tamped "CCI" being the POINT OF BEGINNING of the tract herein described; 1. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou - Lynchburg Road, for a distance of 68.36 feet to a set five eighths inch iron rod with cap stamped "CCI" and being the northwest comer of the tract herein described, being in the south line of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142; 2. THENCE, North 87 degrees 16 minutes 13 seconds East, along the south line of said 1.7752 acre tract, for a distance of 555.25 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast corner of the tract herein described; 3. THENCE, South 02 degrees 04 minutes 18 seconds Bast, along the east line of the herein described tract, for a distance of 66.49 feet to a set fivo oighths inch iron rod with cap stamped "CCI", being the southeast corner of the tract herein described; 4. THENCE, South 87 degrees 03 minutes 39 seconds West, along the south line of the herein described tract, for a distance of 554.24 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plano Coordinate System, South Central Zone 4204, NAD 83, A drawing of even date accompanies the description, Date; July 02, 2015 Registered Professional Land Surveyor Texas Registration No, 4085 Civil Concepts, Inc. — 713 -947 -6606 TAP,L,S. FIRM REG. NO, 10039400 PARCEL "B" PARCEL DESCRIPTION A tract of land containing 0.0462 acres being out of a called 1.7752 acre tract as recorded in Harris County Clerk's File No. M445142, located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest coarser of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Fihn Code No. 654054, of the Map Records of Farris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A ", for a distance of 382.99 feet to a point for corner THENCE, North 02 degrees 56 minutes 04 seconds Weat, over and across said Cedar Bayou. Lynchburg Road, for a distance of 68.36 feet to a sot five eighths inch iron rod with cap stamped "CCI" marking the POINT OF BEGINNING; 1, THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said 1.7752 acres, for a distance of 11.22 foot to a set five eighths inch iron rod with cap stamped "CCI ", boing the northwest comer of the tract herein described and in the south line of Cedar bayou - Lynchburg Road (width varies); 2. THENCE, North 69 degrees 24 'minutes 15 seconds East, along the south line of said Cedar Bayou - Lynchburg Road, for a distance of 80.48 feet to a set five eighths inch Iron rod with cap stamped "CCI ", being the northeast cornier of the tract herein described; 3. THENCE, South 20 degrees 37 minutes 12 seconds East, over and aeroas said called 1.7752 acre tract, for a distance of 37.74 feet to a set five eighths inch iron .rod with cap stamped "CCI", being the southeast corner of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein described tract, for a distance of 88.16 feet to the POINT OF BEGINNING. Bearings shown hereon are based on the Texas State Plane Coordinate System, South Central Zone 4204, NAD 83. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Ino. -- 713.947 -6606 T.B.P.L.S. FIRM REG. N0. 10030400 PARCEL "C" PARCEL DESCRIPTION A tract of land containing 0.0734 acres being out of a called 1.7752 acre tract as recorded in Barris County Clerk's Pile No. M445142, located in the W.O. Douglas Survey, Abstract No, 10664, Harris County, Texas, and being more particularly described by metes and, bounds hs follows; COMMENCING, at a found one and halve inch iron rod marking the northwest comer of Unrestricted Rosorvo "A ", Bellview, Acres Minor Plat, recorded in Film Code No, 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds Bast, along the north line of said Unrestricted Reserve "A", for a distanco of 382.99 feet to a point for corker THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou- Lynchburg Road, for a distance of 68.36 feet to the north line of said Cedar Bayou- Lynohburg Road; THENCE, North 87 degrees 16 minutes 13 seconds East, along tho north Iine of said Cedar Bayou. Lynchburg Road, for a distance of 422,63 feet to a sot five eighths inch iron rod with cap stamped "CCI" and being the ]POINT OF BEGINNING; 1. THENCE, North 70 degrees 33 minutes 02 seconds Bast, over and across said 1.7752 acres, for a distanco of 91.63 feet to a sot five eighths inch iron rod with cap stamped "CCI", being the beginning of a curve to the left; 2. THENCE, ibr an aro longth of 70.01 feet, following a curve to tho left, having a radius of 94.60 feet, a chord bearing of North 39 degrees 13 minutes 44 seconds, East, and chord ' distance of 68,42 feet to a act five eighths inch iron rod with cap stamped "CCI" In the west line of Main Street (width varies), 3. THENCE, South 02 dogroos 04 minutes 18 seconds East, along the west line of said Main Street, for a distance of 77.24 feet to a set five eighths inoh iron rood with cap stamped "CCr', being the southeast comer of the tract herein described; 4. THENCE, South 87 degrees 16 minutes 13 seconds West, along the south line of the herein describcd tract, for a distance of 132.61 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newe Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. -- 713- 947.6606 T.B.P.L.S. FIRM RBO. N0.10039400 PARCEL "D" PARCEL DESCRIPTION A tract of land containing 0.1747 acres being a portion of Cedar Bayou - Lynchburg Road (width varies), located in the W.G. Douglas Survey, Abstract No. 10664, Harris County, Texas and a portion of a called 1,7752 acre tract as recorded in Harris County Clerk's File No. M445142, and being more particularly described by metes and bounds as follows; COMMENCING, at a found one halve inch iron rod marking the northwest corner of Unrestricted Reserve "A ", Bellview Acres Minor Mat, recorded in Film Code No. 654054, of the Map Records of Harris County Texas and in the south line of said Cedar Bayou - Lynchburg Road; THENCE, North 87 degrees 03 minutes 39 seconds East, along the north line of said Unrestricted Reserve "A', for a distance of 254.21 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the POINT OF BEGINNING; I. THENCE, North 02 degrees 56 minutes 04 seconds West, over and across said Cedar Bayou- Lynchburg Road, for a distance of 38,57 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the northwest corner of the tract herein described; 2. THENCE, North 69 degrees 24 minutes 15 seconds East, continuing over and across said Cedar Bayou - Lynchburg Road and over and across said called 1,7752 acres tract for a distance of 135,15 feet to a set five eighths inch iron rod with cap stamped "CCI", being the northeast corner of the tract herein described 3. 'THENCE, South 02 degrees 56 minutes 04 seconds East, along the east line of the herein described tract, for a distance of 79.58 feet to a sot five eighths inch iron rod with cap stamped "CCI ", being the southeast corner of the tract herein described and in the north line of said Unrestricted Reserve "A'; j 4. THE' NCE, South 87 degrees 03 minutes 39 seconds West, along tho south line of the herein described tract and the north line of said Unrestricted Reserve "A ", for a distance of 128.78 feet to the POINT OE BEGINNING. A drawing of even date accompanies the description. Date; July 02, 2015 Rev, July 08, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713 -947 -6606 TBAL.S. FIRM REG. NO. 10039400 PARCEL "E" PARCEL DESCRwrION A tract of land containing 0.0892 acres being located in the Harvey Whiting Survey, Abstract Number 840, Harris County, Texas, and being more particularly described by metes and bounds as follows; COMMENGING, at a found one halve inch iron rod with cap marking the most northerly northeast corner of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054 of the Map Records of Harris County, Texas, the northwest corner of it called 1.6798 aero tract as recorded In Harris County Clork's File No. 20080249562 and in the south tine of Cedar Bayou - Lynchburg Road (width varies); THENCE, Noah 87 degrees 04 minutes 34 seconds East, along the north line of said called 1.6798 aero tract and the south line of said Cedar Bayou - Lynchburg Road for a distance of 141.76 to a found one half Inch Iron rod marking the POINT OF BEGINNING; I. THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of the herein described tract, for a distance of 141.25 feet to a set five eighths inch iron rod with cap stamped "CCV, being the northeast corner of the tract heroin described; 2. THENCE, South 07 degrees 18 minutes 09 seconds East, along the east line of the tract herein described, for a distance of 98.42 feet to a found one halve inch iron rod, marking the beginning of a non - tangent curve to the left; 3. THENCE, for an are length of 187.59 feet, following a curve to the left, having a radius of 170.00 feet, a chord bearing of North 59 degrees 30 minutes 48 seconds West, and a chord distance of 178.22 feet to the POINT OF BEGINNING. A drawing of oven date accompanies the description. Date; July 02, 2015 David C. Newell Rogistered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606 PARCEL "E„ PARCEL DESCRIPTION A tract of land containing 0.0892 acres being located in the Harvey Whiting Survey, Abstract Number 840, Hams County, Texas, and being more particularly described by metes and bounds as follows; COMMENGING, at a found one halve inch iron rod with cap marking the most northerly northeast comer of Unrestricted Reserve "A ", Bellview Acres Minor Plat, recorded in Film Code No. 654054 of the Map Records of Harris County, Texas, the northwest comer of a called 1.6798 acre tract as recorded in Harris County Clerk's File No. 20080249562 and in the south line of Cedar Bayou - Lynchburg Road (width varies); THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of said called 1.6798 acre tract and the south line of said Cedar Bayou - Lynchburg Road for a distance of 141.76 to a found one half inch iron rod marking the POINT OF BEGINNING, I. THENCE, North 87 degrees 04 minutes 34 seconds East, along the north line of the herein described tract; for a distance of 141.25 feet to a set five eighths inch iron rod with cap stamped "CCI ", being the northeast comer of the tract herein described; 2. THENCE, South 07 degrees 18 minutes 09 seconds East, along the east line of the tract herein described, for a distance of 98.42 feet to a found one halve inch iron rod, marking the beginning of a non-tangent curve to the left; 3. THENCE, for an are length of 187.59 feet, following a curve to the left, having a radius of 170.00 feet, a chord bearing of North 59 degrees 30 minutes 48 seconds West, and a chord distance of 178.22 feet to the POINT OF BEGINNING. A drawing of even date accompanies the description. Date: July 02, 2015 David C. Newell Registered Professional Land Surveyor Texas Registration No. 4085 Civil Concepts, Inc. — 713- 947 -6606