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Ordinance No. 14,262ORDINANCE NO. 14,262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING RIGHT-OF-WAY DEDICATIONS FOR SANTAVY ROAD FROM GOLDEN VOYAGE HOSPITALITY, LLC; GARTH-ARCHER, CHARLES H. GRUBE, LTD.; AND SPIRIT TS BAYTOWN TX, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby accepts right- of-way dedications for Santavy Road from Golden Voyage Hospitality, LLC; Garth -Archer, Charles H. Grube, Ltd.; and Spirit TS Baytown TX, LLC. Such right-of-way deeds are attached hereto as Exhibit "A," which is incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 241h day of October, 2019. BRANDON CAPETILLO, gayor 11 (/ \zy ­—. S )tal alp L TICIA BRYSCH, Clerk N APPROVED AS TO FORM: y �� 6T4ACIO RAMIREZ, S16 Vfty Attorney 11COBFSOIILegal\Karen\FilesTity Council Ordinances 201910ctober 24WcceptingROWDedications.docx Exhibit "A" 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. RIGHT-OF-WAY DEDICATION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § That SPIRIT TS BAYTOWN TX, LLC ("Grantor"), a Delaware limited liability company for and in consideration of TEN DOLLARS and other good and valuable consideration paid by the City of Baytown, Texas ("Grantee"), a Texas home rule municipality, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said Grantee, its successors and assigns, for the use and benefit of the public as a perpetual right-of-way for the passage and accommodation of vehicular and pedestrian traffic, (i) a permanent right-of-way (the "Santavy ROW) and the right to construct, reconstruct, repair, relocate, operate and perpetually maintain public street and/or drainage and utility facilities, and all other facilities or purposes for which a public street and right-of-way is commonly used, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary for making connections therewith, or for the proper use of any other right granted herein, in, upon and across that certain parcel of land in Harris County, Texas described on the attached Exhibit "A" (the "Santavy ROW Area ") and (ii) any improvements located on, across or under the Santavy ROW Area (including, but not limited to, the traffic signal located at the intersection of the Santavy ROW Area and Hunt Road, the water line located under the Santavy ROW Area and the storm water drainage system located within the Santavy ROW Area). The right-of-way dedication and conveyances being made hereunder are being made by Grantor pursuant to the rights granted to Grantor under that certain Access and Construction Easement Agreement by and between SPIRIT TS BAYTOWN TX, LLC, as grantor, and Grantor, as grantee, dated effective as of January 19, 2017 and recorded in the real property records of Harris County as Document Number RP-2017-28804. TO HAVE AND TO HOLD that said Santavy ROW unto the Grantee for the purposes herein set forth, and Grantor hereby binds itself, its successor and assigns to warrant and forever defend, all and singular, the said premises unto Grantee, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise. [signature on next page] WITNESS MY HAND this 12th day of March, 2019. GRANTOR: SPIRIT TS BAYTOWN TX, LLC a Delaware limited liability company By: Spirit SPE Manager, LLC, a Delaware limited liability company, its Manager By: &1— Name: Ken Heimlich Title: Executive Vice President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared, known to me to be the same person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. SEAL GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12"' day of March, 2019. DEBBIE MITCHELL ♦�Y PV6'i Notary Public, State of Texas "'. Comm. Expires 11-08-2021 Notary ID 131341682 — L 0'-&� � " LICVL� Public, State of Texas Name of Notary Printed 11 t.--k Notary'sNotary'sl Commission Expires CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the day of , 2019, to the City of Baytown, Texas, has been duly accepted subject to all terms and conditions contained therein by the City Council, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated: Mayor, City of Baytown ATTEST: City Secretary AFTER FILING, PLEASE RETURN TO: Exhibit "A" 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. RIGHT-OF-WAY DEDICATION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § That GOLDEN VOYAGE HOSPITALITY, LLC ("Grantor"), a Texas limited liability company for and in consideration of TEN DOLLARS and other good and valuable consideration paid by the City of Baytown, Texas ("Grantee"), a Texas home rule municipality, receipt of which is hereby acknowledged, does hereby grant, bargain and,convey to said Grantee, its successors and assigns, for the use and benefit of the public as a perpetual right-of-way for the passage and accommodation of vehicular and pedestrian traffic, (i) a permanent right-of-way (the "Santavy ROW) and the right to construct, reconstruct, repair, relocate, operate and perpetually maintain public street and/or drainage and utility facilities, and all other facilities or purposes for which a public street and right-of-way is commonly used, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary for making connections therewith, or for the proper use of any other right granted herein, in, upon and across that certain parcel of land in Harris County, Texas described on the attached Exhibit "A" (the "Santavy ROW Area") and (ii) any improvements located on, across or under the Santavy ROW Area (including, but not limited to, the traffic signal located at the intersection of the Santavy ROW Area and Hunt Road, the water line located under the Santavy ROW Area and the storm water drainage system located within the Santavy ROW Area). The right-of-way dedication and conveyances being made hereunder are being made by Grantor pursuant to the rights granted to Grantor under that certain Access and Construction Easement Agreement by and between GOLDEN VOYAGE HOSPITALITY, LLC, as grantor, and Grantor, as grantee, dated effective as of October 21, 2016 and recorded in the real property records of Harris County as Document Number RP-2016-481300. TO HAVE AND TO HOLD that said Santavy ROW unto the Grantee for the purposes herein set forth, and Grantor hereby binds itself, its successor and assigns to warrant and forever defend, all and singular, the said premises unto Grantee, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise. [signature on next page] WITNESS MY HAND thisZlay of� , 2019. GRANTOR: GOLDEN VOYAGE HOSPITALITY, LLC a Texas limited liability company By: 1 �' Name: y�}'/� .i - . M D/Y�.%✓ Title: M 1 Q-,, ..I7 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared, known to me to be the same person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZWaay of fe&J,'1j 19. fl ALISON WE6RE Notary Public, State of Texas *_Notary Public, State of Texas -Al�w� Comm. Expires 06-25-2022 AI bovi vVebrf- SEAL Notary ID 131616463 Name of Notary Printed (0-25 - 2022 Notary's Commission Expires CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the day of , 2019, to the City of Baytown, Texas, has been duly accepted subject to all terms and conditions contained therein by the City Council, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated: Mayor, City of Baytown ATTEST: City Secretary AFTER FILING, PLEASE RETURN TO: Exhibit "A" 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. RIGHT-OF-WAY DEDICATION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § That Garth -Archer, Charles H. Grube Ltd. ("Grantor"), a Texas limited partnership for and in consideration of TEN DOLLARS and other good and valuable consideration paid by the City of Baytown, Texas ("Grantee"), a Texas home rule municipality, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said Grantee, its successors and assigns, for the use and benefit of the public as a perpetual right-of-way for the passage and accommodation of vehicular and pedestrian traffic, (i) a permanent right-of-way (the "Santavy ROW") and the right to construct, reconstruct, repair, relocate, operate and perpetually maintain public street and/or drainage and utility facilities, and all other facilities or purposes for which a public street and right-of-way is commonly used, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary for making connections therewith, or for the proper use of any other right granted herein, in, upon and across that celtain parcel of land in Harris County, Texas described on the attached Exhibit "A" (the "Santavy ROW Area's and (ii) any improvements located on, across or under the Santavy ROW Area (including, but not limited to, the traffic signal located at the intersection of the Santavy ROW Area and Garth Road, the water line located under the Santavy ROW Area and the storm water drainage system located within the Santavy ROW Area). The right-of-way dedication and conveyances being made hereunder are being made by Grantor pursuant to the rights granted to Grantor under that certain Access and Construction Easement Agreement by and between Garth -Archer, Charles H. Grube, Ltd., as grantor, and Grantor, as grantee, dated effective as of July 6, 2016 and recorded in the real property records of Harris County as Document Number RP-2016-295738. TO HAVE AND TO HOLD that said Santavy ROW unto the Grantee for the purposes herein set forth, and Grantor hereby binds itself, its successor and assigns to warrant and forever defend, all and singular, the said premises unto Grantee, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise. [signature on next page] 0 1 3598.000002\4812-6174-3764 vl WITNESS MY HAND this &%Y of . 2019. GRANTOR: GARTH-ARCHER, CHARLES H. GRUBE, LTD, a Texas limited partnership By: Charles Grube Properties, Inc., a Texas Corporation, General Partner By: • • CHARLEs H. GRUBE, President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the aA day of cam, 2019, by Charles H. Grube, President of Charles Grube Properties, Inc., a Texas corporation, General Partner of Garth -Archer, Charles H. Grube, Ltd., a Texas limited partnership, on behalf of such limited partnership. l./✓.�� o��ra JOANIN GOLDEN �►' * * 5227471 NOTAtiM UBLIC, STATE OP TEXAS of MMMISSION EXPIRES Ar 013598.000002\4812.6174-3764.v I Notary Public, State of Texas r 2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the day of , 2019, to the City of Baytown, Texas, has been duly accepted subject to all terms and conditions contained therein by the City Council, and the City Counsel has consented to recordation of such dedication instrument by its duly authorized officer. Dated: Mayor, City of Baytown ATTEST: City Secretary AFTER FILING, PLEASE RETURN TO: 013598.00000214812-6174-3764 vl STATE, OF TEXAS) COUNTY OF HARRIS) PARCEL, NO.2) DESCRPTION of a 0.2458 of an acre tract of Jand situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain 0.3367 of an acre (Parcel "A') as described in Amendment to Pipeline Agreement between Texas Brine Co., LTC and Garth -Archer, et at, dated October 18, 2002 and recorded under County Clerk's File No. WI 61718 of the Official Public Records of Real Property ofHarris County, Texas. This 0.2458 of an acnve is more particularly described by the tbJlowing metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COOPDINATI? SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR= 0.9998983, REFERENCE IS MADE TO THE PLAT ON EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a point in the North line of that certain called 4.5856 acres conveyed by Garth -Archer, at al, to Diumond Shamrock Corp. by Deed dated April 1, 1977 and recorded under County Clerk's File No. F101300 of (lie Deed Records of Barris Counly, T'oxas at the Southernmost Southeast corner of Tractor Supply Company Plat of 3.9490 acres as recorded under County Clerk's File No. 20060203160, Film Code No. 606186 of the Map Records of l-tairis County, Texas. Said point being the Northeast comer of said 0,3367 of an acre and has a State Plane Coordinate Value of Y=13,857,640.32 and X33,243,632.63. THENCE: South 3914011" West along the North line of said 4.5856 acres and the Last line of said 0.3367 of an acre, for a distancc of 61.42 feet In u point for the Northeast corner and POINT OF BEGINNING of (his tract. 'MI3WCC: Continue Smith 39040'52" West along the East litre of this tract and the North line oh said 4.5856 acres and the Last line of said 0.3367 of an acre ('or a distance of 38.55 feet to an angle point in the North line of said 4.5856 acres at the Southeast corner of said 0.3367 of an acre. Said point being the Southeast corner of this tract. THENCE: South 69" 40' 11" West along ilia South line of this tract, the South line of said 0.3367 of an acre and the North line of said called 4.5856 acres for a distance of 116.39 feel to a point For an angle point in the Soulh line of this linct. THENCE: South 81°35'42" West along (hc South line of this tract for a distance of) 1.5.69 feel lu it point finr an uollc point in the South line of this rrgel 4 013598.000002\4812-6174-3764.v PAGE 2 - 0.2458 Of AN ACRE, PARCEL NO.2. -17-TUNCE: South 36035"12" West along the Soulli line: of this tract for a distance of 28.84 feet to it point in the East right-of-way line of Garth Road (120 feet wide right-of-way) and the West line of said 0.3367 o f an acre for the Southwest corner of this tract. TI IENCE: North 08125'05" West along the West line of this tract, the West line of said 0.3367 of an acre and the East right-of-way line of said Garth Road for a distance of42.73 feet to a point for die Northwest corner of this tract, the: Northwest corner of said 0.3367 of an acre and the Southwest corner of said Tractor Supply Company 3.9490 acres. THENCE: North 69'40' 11" East along the North line of this trnet, the North line of said 0.3367 of an acre and the South line of said Tract Supply Company 3.9490 acres for a distance of 180.10 feet to a point for an angle point in the North line of this tract. Said point being in a curve to the right, concave Southerly. 'I'H.ENCE: Along and around said curve to the right, in an Easterly direction, along the North line of this tract, said curve having a radius of 830.00 feet, n central angle of 07°06'29" and a chord bearing and distance of North 87001'45" East 102.90 feet, for an are length of 102.97 feet to the PLACE OF BEGINNING and containing within these boundaries 0.2458 of an acre or 10705.37 square feet of land. SURVEYOR'S CERTIFICATE 1, Julicnc Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an office survey made under my supervision on April 8, 2016 and That all lines, boundaries and landmarks arc accurately described therein. WITNESS my hand and seat tit Baytown, 'texas, this the 2511' day of April, A. D., 2016. •t.t.Pt.�n•t�.. i:L; �r I�r S� � 1I icne Ramsey R.P.L.S. No. 4379 15-4610.pl.c►ossing.pai ee1112.15dn.doc Hutchison & Associates, Luc, 1209 Decker Drive, Suite 100 Baytovni, TX 77520 Engineering Firm it F-2.67 Surveying Firm Ill00293-00 013598.00000214812-6174-3764.v 1 STATE OF TEXAS) COUNTY OF HARRIS) PAI2CE1, NO. I]) DESCRIPTION of a 0.5711 of an acre tract of land situated in the W. C. Railroad Company Stuvcy, Abstract 899 and the W. G, Boswell Survey, Abstract 1562, Harris County,'fexas and being out of and a part of the residue of that certain called 126.735 acres (Tract One) conveyed by Florence Godfrey, et at, to Garth -Archer, Charles If. Grubc, Ltd, by Deed dated February I5, 1973 and recorded under County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This 0.5711 of an acre is more particularly described by the following metes anti bounds, to -wit: NOTE: BEARINGS ARE, LAMBERT GRJD BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0,9998983. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING TI-118 METES AND BOUNDS DESCRIPTION. COMMENCING of a point for the Southernmost Southeast corner of Tractor Supply Company Plat of 3.9490 acres as recorded tinder County Clerk's File No. 20060203160, Film Code No. 606186 of the Map Records of Harris County, Texas and the Northeast corner of that certain 0.3367 of art acre (Parcel "A'j as described in Amendment to Pipeline Agreement between Texas Brine Co., LLC and Garth -Archer, et at, dated October 18, 2002 and recorded under County Clerk's File No. W 161718 of the Official Public Records of Real Property of Harris County, 'Texas. Said point being in the North line of that certain called 4.5856 acres conveyed by Garth -Archer, el al, to J)iamond Shamrock Corp. by Deed dated April 1, 1977 and recorded under County Clerk's File No. 17101300 of the Deed Records of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value of. Y-13,857,640.32 and X=3,243,632.63. THENC13: South 39`40'31"West along the East line of said 0,3367 of an acre and the North line of said 4,5856 acres for a distance of 61.42 feet to a point in a curve to the right, cont:nvu Southerly. THENCE: Along and around said curve to the right, in an Easterly direction, over and across said 4.5850 acres, said curve having a radius of 830.00 feet, a central angle of 06'48'33" and it chord bearing and distance of South 86°00'44" East 98.58 feet, for an hrc length of 98.64 feet to a point in the South line of snirt 4.5856 acres for the Northwrst corner and POINT OF BEGINNING of this tract. 013598.000002\4812-6174-3764.v PAGE 2 — 0.5711 OF AN ACRE, PARCEL NO THENCE: Continue along and around said curve to the right, in an Easterly direction, along the North line of this tract, said curve having a radius of 830.00 ieet, a central angle of 13059'51" and a chord bearing and distance of South 75036'31" Enst 202.27 feet, for an are length of 202.77 feet to a point for the TERMINATION POINT of said carve. THENCE: South 68036'36" Fast along the North line of this tract for n distance of 21.15 feet to n point for the BEGINNING POINT of a curve to the left, concave Northerly. THENCE: Along and around said curvy to the left, in an Easterly direction, along the North line of this tract, said curve having a radius of 770.00 feet, a central angle of 06040'37." and a chord bearing and distance of South 71°56'52" East 89.66 feet, for all are length of 89,71 feet to a point. THI-,NCP..: Continue along and around said curve to the tell, in (in Easterly direction, along the North line of this tract, said curve having a radius of 770.00 feet, a central angle of 07009'25" and a chord bearing and distance of South 78°51'51" East 96.12 feet, for an are length of 96.18 feet in a point for the Northeast corner of this tract. THENCE: South 07°33'27" West along the Fast line of this tract for a distance of 60.00 feet to a point for the Southeast corner of this tract. Said point being in a curve to the rigllt, concave Northerly. THENCE,: Along and around said carve to the right, in a Westerly direction, along the South line of this tract, said curve having a radius of 830.00 feet, a central angle of 13°49'58" and a chord bearing and distance of North 7591'35" West 199.901eel, for all tire length of200.38 feet to a point for the TERMINATION POiNT of said curve. THENCE,: North 68°36'36" West along the South line of this tract for a distnnce of21.15 feel to a point for the BEGINNING POINT of a curve In the left, concave Southerly. THENCE: Along and around said curve to the left, in a Westerly direction, said curve hnving a radius of 770.00 feet, a central angle of 13°46'52" and a chord bearing and distance of North 75°30'02" West 184.76 feet, for an are length of 185.21 feel to a point in the East line of that certain Baytown Lodging Corporation 2.489 acres as recorded under County Clerk's File No. 20070623630, Film Code No. 616271, Map Records of 1-iarris County, Texas. Said point being the Soulhwest corner of this watt. I'1 IIiNI':I : North 12"15'+V Wcsl nlcnti; the West lilro ni:Uris tract ind-the Ensi lint: of said 2.09.. acres fur a distance of 43.83 feet to a point for the Northernmost corner of said 2,489 ttcrrs and an angle point in the West line at' this tract. Said point being in n South line of said tilled 4.5850 ;•rcres. 7 013598.000002\4812-6174-3764.v ] PAGE 3 — 0.5711 OF AN ACRE, PARCEL NO. 11. THENCE: Nordi 39°40'52" East along the West line of this tract and a South line of said called 4.5856 acres for a distance of 22.15 feel to the PLACE OF BEGINNING and containing within these boundaries 0,5711 of an acre or 24,879.09 square fect of land, SURVEYOR'S CERTIFICATE 1, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an office survey made under my supervision on June 20, 2016 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 20111 day of June, A. D„ 2016,: 11�ienu Ram sey ".L.S. No. 4379 15A610.pl.crossing.parceINl l .fdn.doe Hutchison & Associates, Inc. 1209 Decker Drive, Suite 100 Baytown, TX 77520 Engineering Finn #F-267 Surveying Finn #100293-00 8 013598.000002\4812-6174-3764.v 1 `t c;�t1t1 4J / r •.. ,II)IJ15P11i 1� a -0t'tl