Ordinance No. 10,747ORDINANCE NO. 10,747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CORRECTION DEED WITH GEORGE W. CHANDLER A/K/A GEORGE
CHANDLER, ROBERT A. MEISTER, JUDY DEL MEISTER, ROBERT
ANDREW MEISTER, KIMBERLY M. STANLEY F/K/A KIMBERLY ANN
MEISTER AND DOROTHY R. BERRY TO INCORPORATE PROVISIONS IN
THE BAKER ROAD EXTENSION LETTER AGREEMENT INTO THE DEED;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, in 2002, the City entered into a letter agreement with George W. Chandler
a/k/a George Chandler, Robert A. Meister, Judy Del Meister, Robert Andrew Meister, Kimberly
M. Stanley f/k/a Kimberly Ann Meister and Dorothy R. Berry (the "Sellers"), in which the
sellers would dedicate to the City fee simple title to certain property needed for the Baker Road
Extension Project -between North Main to Crosby Cedar Bayou Road; and
WHEREAS, in such agreement, the City stated that it would endeavor to commence
construction of the extension of Baker Road within three to ten years after the vesting of the title
to the Property in the City; and
WHEREAS, the letter agreement provided that should construction not commence within
such time period, the Sellers could request that the property revert back to them; and
WHEREAS, the title vested in the City on August 9, 2004; therefore, the Sellers may
exercise their reversionary interest on August 9, 2014, should the City of Baytown fail to
commence construction of the Baker Road Extension Project by such date; and
WHEREAS, the Sellers are now trying to sell the adjacent property and instead of
assigning the letter agreement, they desire for all of the terms of the letter agreement to be
included in the deed; and
WHEREAS, one mechanism to incorporate such terms into the deed is by executing a
correction deed; and
WHEREAS, although the correction deed states that the deed of August 9, 2004,
erroneously failed to include the reversionary rights retained by the Sellers, there is no error in
the original deed -rather the Sellers have merely requested the City to execute the Correction
Deed as a convenience to them; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute a correction deed with George W. Chandler a/k/a George Chandler,
Robert A. Meister, Judy Del Meister, Robert Andrew Meister, Kimberly M. Stanley f/k/a
Kimberly Ann Meister and Dorothy R. Berry to incorporate provisions in the Baker Road
extension letter agreement into the deed. A copy of such deed is attached hereto as Exhibit "A"
and 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
City of Baytown this the 25th day of October, 2007.
City Council of the
DODY, City Clerk
STEPHEim DONCARLOS, Mayor
APPROVED AS TO FORM:
Attorney
R:\Karon\l:ilcs\City Council\Ordinances\2007\Oclobfr25\CorTcclionDced4ChandlcrGroup.doc
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.
THE STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, GEORGE W. CHANDLER a/k/a GEORGE CHANDLER, ROBERTA
MEISTER, JUDY DEL MEISTER, ROBERT ANDREW MEISTER, KIMBERLY M
STANLEYf/k/aKIMBERLYA. ROSSENf/k/aKIMBERLY ANN MEISTER and DOROTHY
R. BERRY ("Grantors"), for and in consideration of Grantors" desire to further the aims and
goals of Grantee in the expansion of Baker road from North Main to Crosby Cedar Bayou
Road, have GRANTED, SOLD, and CONVEYED and by these presents do GRANT, SELL,
and CONVEY to CITY OF BAYTOWN, a municipal corporation located in Harris and
Chambers Counties, Texas ("Grantee"), whose address is 2401 Market Street, Baytown,
Harris County, Texas, all that certain 5.732-Acres, more or less, of real property located
in Harris County, Texas in the J. W. Singleton Survey, A-709 and David McFadden Survey,
A-591 and being more particularly described by metes and bounds in EXHIBIT A attached
hereto and incorporated herein by reference. ("Property");
SAVE AND EXCEPT, the Grantors reserve and retain unto themselves, their
heirs, successors, and assigns, the reversionary rights to all of the Property hereby
conveyed pursuant to a letter agreement, dated July 17, 2002 in accordance with
which all rights title and interest in the Property hereby conveyed shall revert to the
Grantors, their heirs, successors, and assigns in the event the Grantee has not
commenced construction on or before August 9, 2014 on the extension of Baker
Road from North Main to Crosby Cedar Bayou Road, a portion of which being on the
within described Property; the Grantors, their heirs, successors, and assigns being
entitled to a written conveyance of the Property from the City of Baytown; free of
liens and encumbrances (except any present of record and affecting the Property)
in the event such construction activity is not commenced on or before August 9,
2014 and the Grantors, their heirs, successors, or assigns so notifies the City of
Baytown of such failure in by written notification. (All of which reversionary rights
and interests retained by the Grantors being herein referred to as the "Reversionary
Rights")
It is expressly understood and agreed that Grantors reserve and except from this
conveyance, for Grantors and Grantors' heirs, personal representatives, successors and
assigns, all of the oil, gas and other minerals which can be removed from said Property
without any ingress or egress to or from the surface of the Property fro the purposes of
exploring, drilling, developing or mining of the same.
Page 1 of 8
TO HAVE AND TO HOLD the conveyed interest in the Property, together with all
and singular the rights and appurtenances belonging in any way to the Property to
Grantee, its successors and assigns forever; and Grantors bind themselves and their
heirs, representatives, successors and assigns to WARRANT AND FOREVER DEFEND
all and singular the Property unto Grantee and its successors and assigns against every
person lawfully claiming or to claim all or any part of the Property, by through, or under
Grantors, but not otherwise.
This Deed is executed as a Correction Deed, given and accepted in place of that
deed executed by the Grantors herein to the within named Grantee, dated July 9, 2004,
and recorded under County Clerk's File #X962593 on October 4, 2004, in the Official
Public Real Property Records of Harris County, Texas ("Erroneous Deed"), wherein by
error the Erroneous Deed failed to set forth the Reversionary Rights retained by Grantors
as set forth above.
day of This Deed is dated this
2007executed by the Grantors and accepted by the Grantee on the date(s) hereinafter
indicated and does hereby correct the error and confirm the aforesaid Erroneous Deed,
and it shall be effective as of and retroactive to July 9, 2004 .
-GRANTOR(s) -
I)
GEORGE W. CHANDLER
STATE OF TEXAS
.2007
COUNTY OF
This instrument was acknowledged before me on this
by GEORGE W. CHANDLER known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration therein
expressed..
MY COMMISSION £X = |R£S .^
otary Public -State of Texas
™ JOSEPHINE E. COWHIG '**■ Notary Public, State of Texas otary Public, State o
Mv Commission Expires
Moyil.2011
Page 2 of 8
xi
ROBERT ACMEISTER
STATE OF TEXAS
COUNTY OF 2007 This instrument was acknowledged before me on this \> day of — faronninn by ROBERT A. MEISTER known to me to be the person whose name ,s subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and cons.deration therein
expressed..
MY COMMISSION EXPIRES:
Notary Public -State of Texas
pr,nted name of m L
\ JEAN MAURICE ACOSTa
Notary Put*r k
STATE Of TEXAS V
MyComm.Exp.Mayie.^i' f
Page 3 of 8
/ 21
DEL MEISTER
STATE OF TEXAS
Q> COUNTY OF ._
This instrument was acknowledged before me on this 1} dayof (S?CT£> ■v-, 2007
by JUDY DEL MEISTER known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same forJhe purposes and consideration therein expressed..
MY COMMISSION EXPIRES:
Notary Public -State of Texa
JEAN MAURICE ACOSTA
ffctLKY Piib/ic
STATE OF TEXAS
MyComm.ExpMayl6.2O11
Page 4 of 8
ROBERT ANDREW MEISTER
STATE OF TEXAS
,2007
COUNTY OF _
This instrument was acknowledged before me on this
by ROBERT ANDREW MEISTER known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration therein
expressed..
MY COMMISSION EXPIRES: O r'JlJ
Notary Public -State of Texas
PRINTEO NAME OF NOTARY:
TAMMIE J. FARRELL
Notaiy Pufafic
STATE OF TEXAS
My Comm.Exp. Feb. 13.2011
Page 5 of 8
KIM&ERLY M. STANLEY
STATE OF TEXAS
COUNTY OF
day of. .2007 This instrument was acknowledged before me on this
by KIMBERLY ANN STANLEY known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and consideration therein
expressed..
MY COMMISSION EXPIRES
_ Noiar
.:ii-2.i-i&&
Notary Public-State of Texas
NTED NAME 0, NOTARV: r'
OKEDRAW. PLUMMER
Notary Public, State of Tews
My Comm. Expires Dec. 21.2009
Page 6 of 8
DOROTHY R. BERRY
STATE OF TEXAS
I!) Lin
,aV0, 2007
COUNTY OF
This instrument wasfecknowledged before me on this \ \
by DOROTHY R. BERRY known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and consideration therein
expressed..
U1L
MY COMMISSION EXPIRES.
lQcltary Public -State of Texjis
PRIMED NAME OF NOTARY
JOSEPHINE E. COWHIG
Notary Public. State of Texas
My Commission Expires
May 11.2011
Page 7 of 8
-GRANTEE -
The City of Baytown, a municipal corporation, acting by and though its City Manager
hereby acknowledges and accepts this Correction Deed in correction of that certain Special
Warranty Deed, dated July 9, 2004 recorded under County Clerk's File #Y292157 of the
Official Public Real Property Records of Harris County, Texas.
CITY OF BAYTOWN
BY:
Garry Brumback, its Manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this day of 2007
by Garry Brumback in the capacity stated.
Notary Public -State of Texas
MY COMMISSION EXPIRES PRINTED NAME OF NOTARY
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CLERK
P.O. BOX 424
BAYTOWN. TEXAS 77522-0424
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