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Ordinance No. 11,535IN 0RJ)INANC',F', NO, 11,535 AN ORDINANCE M 11H? C111' C(MJNCIL (M" H IE crn, or BAY"I'OWN, TEXAS, AU"HIORIZING A AGR[`.I-,'MUNTICI PRINCIPAL W1111 114AIN-11UNT1 L-1-11, Ala) UORGE CaLMAM TRUS"F1-T', ("ONCERNIN6, TIIE EXT1,-NSI0N OF HUNT ROAD; AND PROVIDING FOR F,,FF'E'CTIVI`.`, DATF-� 11 IFITEM. BF FFORDAINED BY11411 CITYCOUNCII. OFTFIF CITY se0ion 1: Tim hey City CbmwH of the Chy or Haposyn, Mvis,, hereby authorizcs the City, khmager to exemne and the My Clerk to at" est to a Lxucr of Intent mid, Ag,,reenicnt in Pi-in cipal with Main-1-Itint, Ltd., and George (Jilman, Trustee emicernity the extension ofilunt Road. A copy of the agreement is islached herwo as Exhibh -A" and inc orpotmed herein for all inlentaa and purposes, MOW 2: Thk onUnance diall to effect immediately froin and after its passat I gc by the City Council of the City oi'Bayum,w INTRODUCEM READ and PASSED by dw aMnnmke vote off n this the 300 day of December, 20 1 C.I. /I p Cr 4� City Clem APPROUD ASW FORM X'o �- if N iO R-F-,Z, -SR., C'--i-0<1 'ey RAKaWkskly t (h0cccrnba S IY I I I I its„" Council of die CA), of ONCARLOS, tvlavor LETTER OF INTENT AND AGREEMENT IN PRINCIPAL STATE OF TEXAS COUN'T'Y OF HARRIS § WHEREAS, MAIN -HUNT, LTD., is the beneficial owner of property more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes ("Property A "); and WHEREAS, the CITY OF BAYTOWN asserts that it owns property more particularly described in Exhibit ­13," which is attached hereto and incorporated herein for all intents and purposes ("Property B "); and WHEREAS, the CITY OF BAYTOWN (the "City ") wishes to extend Hunt Road from its current terminus approximately 2,100' east of Garth Road eastward to create an intersection with North Main Street, which expansion involves both Property A and Property B; and WHEREAS, MAIN -HUNT, LTD., is amenable to George Gilman, Trustee, conveying Property A and quitclaiming any interest it may have in Property B to the City with the understanding that a rural road will be built on portions of Property A and Property B and a four- lane boulevard may be built on portions of such properties at an undetermined time in the future; NOW THEREFORE, MAIN -HUNT, LTD., and the City desire to enter into a Letter of Intent setting forth the following intentions of the parties to consummate the transfer of Property A and the quitclaim of Property B to the City and the future expansion of l -aunt Road: 1. GEORGE GILMAN, TRUSTEE AND MAIN -HUNT, LTD., represent that they intend to execute the warranty deed, which is attached hereto and incorporated herein for all intents and purposes as Exhibit "C," dedicating Property A to the City on or before , 20 2. MAIN -HUNT, LTD., represents that it intends to execute the quitclaim deed, which is attached hereto and incorporated herein for all intents and purposes as Exhibit "D," transferring any interest in Property B to the City on or before , 20 3. After the conveyance of Property A and the transfer of Property B, the City represents that it will proceed with the current plan for construction of the Hunt Road Expansion Project, which entails both Property A and Property B. and which plan includes: a. requesting City Council authorization for entering into a design contract; b. requesting City Council authorization for entering into a construction contract within one year of the City's execution of the design contract; Letter of Intent, Page 1 c. first building a rural road on Property A. and when warranted at some unknown time in the future, later widening Hunt Road into a four -lane boulevard that will be built on both Property A and Property B. The foregoing represents the understanding of the parties as of the date hereof and constitutes an agreement in principal only. Final details of a future expansion of Hunt Road are subject to further review and confirmation. This is not intended as a contract, and none of the intentions expressed shall be deemed binding upon the parties hereto or any of them, until and unless reduced to contractual form with appropriate consideration. EXECUTED this the Z day of MAIN -HUNT, LTD., a Texas Limited Partnership By: GULF EQUITIES REALTY ADVISORS, INC., a Texas corporation, its General Partner LEO WOMACK, President 'GEORG GILMAN, TRUSTEE (for the benefit of Main-Runt, Ltd.) EXECUTED this the day of , 20_ THE CITY OF BAYTOWN, TEXAS, a home - rule municipal corporation GARRISON C. BRUMBACK, City Manager R: \Karen \files \Contracts \Hunt RoadM.F'r'rER 01: IN "TENT 13132010 Revised.doc Letter of Intent, Page 2 Exhibit "N' !lain -Bunt owned strip HUNT ROAD TRACT 3 3.9712 ACRES PAGE l OF 3 FIELD NOTES ore 3.9712 acre tract of land dented In the W. G. Boswell Survey. Abstract 1363. Harris County. Texas and being out of and a part of that certain 26.6977 acre tract of land conveyed by George Gilmom Trustee, to Main -Hunt. Ltd.. by Deed dated Nlay 20. 1985 and recorded under County Clerk's File No. K165240 of the Deed Records of Harris County. Te~tas. This 3.97 12 acre tract of load Is mom partievlady described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE. NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR - 0.9998721. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a % inch iron rod, with c* found in the West righ"r -way line of North IvIoln Street (right -of -way width varies) for the Northeast corner of the Second Baptist Church as platted under County Cleric's File No. 20090373735 of the Plat Records of Harris County. Twtas and the Southeast comer of that certain 5.0 feet wide strip of land conveyed by Eddie Gray, ea al. to Occidental Chemical Corporation by Deal dated July 14.1993 and recorded under County Clerk's File No. P347319 of the Oi0clal Public Records of Real Property of Harris County, Texas. Sold CONWENCING POINT has a State Piano Cooanato Value of Y =13.859,891.17 and X -3,248 .303.06. THENCE: North 03004.29" West along the West right -of -way line of said North Main Strad, the East line of said 5.0 feel wide strip and the Northernmost East line of that certain 5.6744 acre tract of land conveyed by Eddie Gray, et al. to Diamond Shamrock Corporation by Deed dated February 24,1977 and recorded under County Clerk's File No. F06295 of the Decd Records of Hants County. Texm for a distance of 84.76 feet to a 5,,8 inch iron rod found for the Northeast corner of sold 5.6741 acres and the Southeast comer of Hunt Road (unimproved) as per map of Elate Fruit dr Cotton Farm recorded in Volume 10 a Page 47 of the Map Records of Harris County, Texas. THENCE: North 02007114" West along the West right -of -way line of said North Main Street and the East line of said Hunt Road for a distance of 60.96 feet to a point for the Southeast comer of said -76.6977 acres and the Southeast comer and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y- 13.860,04 1.88 and Xa3 .348,1 %.55. HUNT ROAD TRACT 3 3.9713 ACRES PAGE 3 OF 3 THENCE: South 77'40' 17" West along the South line of said 36.6977 acres. the South line of this tract and along the existing North right -of -way line of said Hunt Road ibr a distance of 2780.47 fat to a point for an angle point In said line. THENCE: South 77°39'09" West along the South line of sold 36.6977 acres. the South line of this tract and along the existing North tight -of -way lino of said Hunt Road for a distance of 97.80 fat to a 3/8 inch Iron rod found fbr the Southeast comer of that Certain 5.00 acre tract of late! conveyed by William K Pudwa and wife. Patty Puckett. to Noniron E Perkins and wide, Barbara Paldns. by Deed dated April 30.1975 and recorded under County Clerk's File Rio. E41 T_ 17 of the Decd Records of Harris County. Texas. Said point being the Southwest corner of said 36.6977 acres and the Southwest corner of this tract. THENCE: North 139 16'06" West along the West liras of this tract. the west line of said 26.6977 acres and the East line of said 5.00 acres fbr a distance of 58.64 feet to a point for the Northwest corner of this tract~ from which a point for the Northwest comer of said 36.6977 acres bears North 13916'06" West 309.51 fat. Said point being in a curve to the right along the proposed North right -of -way line of said Hunt Road. concave Southerly. THENCE: Along and around said curve to the right, in an Easterly direction. olong the North line of this tract and the proposed North right -of -way line of said Hunt Road. said curve having a radius of 3053.00 feet. a Central angle of 03 107' 15" and a chord beadng and distance of North 76037'09" Fast 76.07 feet, for an are length of 76.07 feet to a point for the TERMINATION POINT of safd curve. THENCE: North 77°40'47" East along the North Ifno of this tract, along the proposed North tight -of -way line of said Hunt Road, over mid across said 36.6977 acres, for a distance of 281196 feet to a point in the West right -of -way line of said North Main Street and the bast line of said 36.6977 acres for the Yortheost corner of this tract. HUNT ROAD TRACT3 3.9712 ACRES PAGE 3 OF 3 THENCE: South 03107'14" East "S the East lino of this tract. the East liar of said 6.6977 am Pi and the West right-or-way line of said North Wain Sired for a distance of 60.96 feet to the PLACE OF BEGIMING and containing within than boundaries 3.9172 acts of land. SURVEYOR'S CERTIFICATE t, Julien Ramsey. Registered Professlonal Land Surveyor No. 1379. do hereby catity, that the tbregoing t%td crates were prq=W Ibm an actual survey made on the ground, under my mgwviaion, in July of 3010 and that all linos, boundaries and landmarks are accurately described therein. w , ES$ my h and seal at Baytown, Teas, this the 12* day of July. A. D.. 2010. tent Ramsey Registered Professional Land Surveyor No. 4379 10- 3749.ROWTR3.fIl doc Exhibit "B" City owned strip HUNT ROAD TRACT 4 1.9862 ACRES PAGE 1 OF 3 FIELD NOTES of a 1.9862 acre tract of land situated in the W. G. Boswell Survey, Abstract 1562, Harris County, Texas and being the North 30 feet of Hunt Road (unimproved) as per plat of Elena Fruit & Cotton Farms Subdivision recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas. This 1.9862 acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998721. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a'' /: inch iron rod, with cap, found in the West right -of -way line of North Main Street (right -of -way width varies) for the Northeast corner of the Second Baptist Church as platted under County Clerk's File No. 20090373735 of the Plat Records of Harris County, Texas and the Southeast comer of that certain 5.0 feet wide strip of land conveyed by Eddie Gray, et al, to Occidental Chemical Corporation by Deed dated July 14, 1993 and recorded under County Clerk's File No. P347319 of the Official Public Records of Real Property of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value of Y= 13,859,891.17 and X= 3,248,202.06. THENCE: North 02 °04'29" West along the West right -of -way line of said North Main Street, the East line of said 5.0 feet wide strip and the Northernmost East line of that certain 5.6744 acre tract of land conveyed by Eddie Gray, et al, to Diamond Shamrock Corporation by Deed dated February 24, 1977 and recorded under County Clerk's File No. F062585 of the Deed Records of Hams County, Texas, for a distance of 84.76 feet to a 5/8 inch iron rod found for the Northeast comer of said 5.6744 acres and the Southeast corner of said Hunt Road (unimproved). THENCE: North 02007'14" West along the West right -of -way line of said North Main Street and the East line of said Hunt Road for a distance of 60.96 feet to a point for the Southeast corner of that certain 26.6977 acres conveyed by George Gilman, Trustee, to Main -Hunt, Ltd. by Deed dated May 20, 1985 and recorded under County Clerk's File No. K165240 of the Decd Records of Liberty County, Texas and the Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y =13,860,041.88 and X =3,248,196.55. HUNT ROAD TRACT 4 1.9862 ACRES PAGE 2 OF 3 THENCE: South 02 °07' 14" East along the East line of this tract, the East line of said Hunt Road (unimproved) and the West right -of -way line of North Main Street for a distance of 30.57 feet to a point for the Southeast comer of this tract. THENCE: South 77 °40'47" West along the South line of this tract and the centerline of said Hunt Road (unimproved) for a distance of 2775.03 feet to a point for an angle point in said line. THENCE: South 77 °42' 18" West along the South line of this tract and the centerline of said Hunt Road (unimproved) for a distance of 97.85 feet to a point the Southwest corner of this tract. THENCE: North 12 °16'06" West along the West line of this tract, over and across said Hunt Road (unimproved), for a distance of 30.00 feet to a 5/8 inch iron rod found in the North right -of -way line of Hunt Road (unimproved) for the Northwest corner of this tract, the Southwest corner of said 26.6977, the Southwest corner of that certain 3.9712 acre Tract 3 surveyed this date, the Southeast corner of that certain 5.00 acre tract of land conveyed by William K. Puckett and wife, Patty Puckett, to Norman E. Perkins and wife, Barbara Perkins, by Deed dated April 20, 1975 and recorded under County Clerk's File No. E417217 of the Deed Records of Harris County, Texas and the Southeast corner of that certain Tract 2 surveyed this date. THENCE: North 77 °39'09" East along the North line of this tract, the North line of said Hunt Road (unimproved) and the South line of said 26.6977 acres for a distance of 97.80 feet to a point for an angle point in said line. HUNT ROAD TRACT 4 1.9862 ACRES PAGE 3 OF 3 THENCE: North 77 °40'47" East along the North line of this tract, the North line of said Hunt Road (unimproved) and the South line of said 26.6977 acres for a distance of 2780.47 feet to the PLACE OF BEGINNING and containing within these boundaries 1.9862 acres of land. SURVEYOR'S CERTIFICATE I, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in July of 2010 and that all lines, boundaries and landmarks are accurately described therein. WTI'NESS my hand and seal at Baytown, Texas, this the 23`d day of November, A. D., 2010. XhUl Ju a Ramsey Registered Professional Land Surveyor No. 4379 10- 3749.ROWTR4.fdn.doc EXHIBIT C, page 1 of 5 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 SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR GEORGE GILMAN, TRUSTEE, owner of the property described hercinbelow, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, but subject to the Restrictive Covenants, Reservations from Conveyance, and Exceptions to Conveyance and Warranty described below, has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE, the CITY OF BAYTOWN, a municipal corporation, located in Harris and Chambers Counties, Texas, its successors and assigns, the tract of real property located in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"). Restrictive Covenants: 1. Grantee, for Grantee and Grantee's successors and assigns, accepts the Property subject to the following restrictive covenant: the Property shall be used solely for roadway purposes and for certain complementary purposes that are expressly authorized by this deed. In particular, no improvements shall be built on the Property other than (1) the planned future expansion of Hunt Road together with such culverts, curbs, medians, sidewalks, storm sewers, bus stops, and other municipal facilities, (2) street lighting and non - commercial street signage, (3) traffic control devices (such as signal lights and traffic signage), (4) landscaping and related irrigation, (5) public art, and (6) underground utilities. Without limiting the foregoing, in no event may the Property be used for commercial purposes; in no event may commercial signage or above- ground electrical transmission facilities be installed on the Property; and in no event may any barrier or fencing be erected on the Property to prevent access to the Property from Grantor's Retained Land (as hereinafter defined). This restriction shall run with the ownership of the Property, benefit Grantor's Retained Land, and be enforceable by any owner of any portion of Grantor's Retained Land. Notwithstanding the foregoing, Grantee shall not be in violation of the above Warranty Deed, Page 1 restrictions merely because the Property is maintained in its current undeveloped condition (or used for agricultural purposes) before construction begins on the Hunt Road extension. 2. If Grantee has not constructed a rural road on the Property within three (3) years from the date of this deed, the Property is subject to reversion by deed without warranty to be given within thirty days after the Grantee's receipt of a written request from Grantor therefor. As used herein, "Grantor's Retained Land" means the portion of that certain 26.6977 acre tract in Harris County, Texas, conveyed to Grantor by deed dated June 15, 1979, recorded under Harris County Clerk's File No. G129965 (and referenced in that certain Trust Agreement and Acknowledgment of Beneficial Ownership dated Mav 20, 1985, recorded under Harris County Clerk's File No. K165240), remaining after Grantor's conveyance of the Property to Grantee by this deed. Reservations from Conveyance: Grantor, for Grantor and Grantor's successors and assigns, reserves all oil, gas and other mineral in and under and that may be produced from the Property, to the extent now owned by Grantor. (Grantor acknowledges that Grantor may not own the mineral estate of the Property due to prior mineral reservations by its predecessors -in- title). Grantor waives any right of Grantor to access or disturb the surface of the Property to explore or develop the mineral estate. Exceptions to Conveyance and Warranty: 1. This conveyance is made and accepted subject to all matters of record in Harris County, Texas, to the extent such matters are valid and still in existence. Grantor shall pay its prorated share of property taxes assessed against the Property for 2011, if any. TO HAVE AND TO HOLD the above- described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said CITY OF BAYTOWN, its successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind itself, its successors and assigns to WARRANT and FOREVER DEFEND, the premises that said GRANTOR herein granted, unto the said CITY OF BAYTOWN, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty described above. Warranty Deed, Page 2 EXECUTED this the day of , 2010. GRANTOR: GEORGE GILMAN, TRUSTEE Aereed and acknowledged: G rantee: City of Baytown By: Name: Title: Beneficial Owner for which title to the Property has been held as George Gilman, Trustee: MAIN -HUNT, LTD., a Texas Limited Partnership By: GULF EQUITIES REALTY ADVISORS, INC., a Texas corporation, its General Partner Ls LEO WOMACK, President Warranty Decd, Page 3 STATE OF TEXAS § § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared GEORGE GILMAN, "TRUSTEE, the owner of the property described hercinabove, known to me; proved to me on the oath of ; or proved to me through his current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of .20—. Notary Public in and for the State of Texas My commission expires: STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared LEO WOMACK, the President of GULF EQUITIES REALTY ADVISORS, INC., the General Partner of MAIN -HUNT, LTD., a Texas Limited Partnership, the owner of the property described hercinabove, known to me; proved to me on the oath of ; or proved to me through his current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of . 20_ Notary Public in and for the State of Texas My commission expires: Warnuuv Dccd, Pate 4 STATE OF TEXAS COUNTY OF HARRIS This instrument was corporation, on behalf of said City. GRANTORS' ADDRESSES: MAIN -HUNT, LTD. c/o George Gilman 710 N. Post Oak Road, Suite 400 Houston, TX 77024 RETURN TO GRANTEE: CITY OF BAYTOWN Attn: City Clerk P.O. Box 424 Baytown, Texas 77522 Warranty Deed, Page 5 acknowledged before me on December 2010, by of the City of Baytown, a municipal Notary Public, State of Texas Exhibit "A" HUNT ROAD TRACT 3 3.9712 ACRES PAGE 1 OF 3 FIELD NOTES of a 3.9712 acre tract of land situated in the W. G. Boswell Survey. Abstract 1 562, Hams County. Texas and being out of and a part of that certain 26.6977 acre tract of land conveyed by George Gilman, Trustee, to Main -Hunt, Ltd., by Deed dated N Iay 20, 1983 and recorded under County Clerk's File No. K 165240 of the Deed Records of Harris County. Texas. This 3.9712 acre tract of land is more particularly described by the following metes and bounds, to -wit: VOTE: ALL BEARINGS ARE LA�[ERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR - 0.9998721. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a' /: inch iron rod, with cap, found in the West right -of -way line of North Main Street (right -of -way width varies) for the Northeast corner of the Second Baptist Church as platted under County Clerk's File No. 20090373735 of the Plat Records of Harris County, Texas and the Southeast corner of that certain 5.0 feet wide strip of land conveyed by Eddie Gray, et al, to Occidental Chemical Corporation by Deed dated July 14, 1993 and recorded under County Clerk's File No. P3473 l9 of the Official Public Records of Real Property of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value of Y =13,859,891.17 and X-3,248,202.06. THENCE: North 02 °04'29" West along the West right -of -way line of said North Main Street, the East line of said 5.0 feet wide strip and the Northernmost East line of that certain 5.6744 acre tract of land conveyed by Eddie Gray, et al, to Diamond Shamrock Corporation by Deed dated February 24, 1977 and recorded under County Clerk's File No. F062585 of the Deed Records of Harris County, Texas, for a distance of 84.76 feet to a 5/8 inch iron rod found for the Northeast corner of said 5.6744 acres and the Southeast corner of Hunt Road (unimproved) as per map of Elena Fruit & Cotton Farms recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas. THENCE: North 0200714" West along the West right -of -way line of said North Main Street and the East line of said Hunt Road for a distance of 60.96 feet to a point for the Southeast corner of said 26.6977 acres and the Southeast corner and POINT OF BEGINNING of this tract. Said BEGINNING PONT has a State Plane Coordinate Value of Y= 13.860,041.88 and X- 3.248,196.55. HUNT ROAD TRACT 3 3.9712 ACRES PAGE 2OF3 THENCE: South 77 140'47" West along the South line of said 26.6977 acres, the South line of this tract and along the existing North right -of -way line of said Hunt Road for a distance of 2780.47 feet to a point for an angle point in said line. THENCE: South 77 1139'09" West along the South line of said 26.6977 acres, the South line of this tract and along the existing North right -of -way line of said Hunt Road for a distance of 97.80 feet to a 518 inch iron rod found for the Southeast comer of that certain 5.00 acre tract of land conveyed by William K. Puckett and wife. Patty Puckett, to Norman E. Perkins and wife, Barbara Perkins, by Deed dated April 20, 1975 and recorded under County Clerk's File No. E417217 of the Deed Records of Harris County. Texas. Said point being the Southwest corner of said 26.6977 acres and the Southwest corner of this tract. THENCE: North 12° 16'06" West along the West line of this tract, the West line of said 26.6977 acres and the East line of said 5.00 acres for a distance of 58.64 feet to a point for the Northwest corner of this tract; from which a point for the Northwest corner of said 26.6977 acres bears North 12° 16'06" West 309.51 feet. Said point being in a curve to the right along the proposed North right -of -way line of said Hunt Road, concave Southerly. THENCE: Along and around said curve to the right, in an Easterly direction, along the North line of this tract and the proposed North right -of -way line of said Hunt Road, said curve having a radius of 2055.00 feet, a central angle of 02 °07' l 5" and a chord bearing and distance of North 76 °37'09" East 76.07 feet, for an arc length of 76.07 feet to a point for the TERMINATION POINT of said curve. THENCE: North 77 °40'47" East along the North line of this tract, along the proposed North right -of -way line of said Hunt Road, over and across said 26.6977 acres, for a distance of 2812.96 feet to a point in the West right -of -way line of said North Main Street and the East line of said 26.6977 acres for the Northeast corner of this tract. HUNT ROAD TRACT 3 3.9712 ACRES PAGE 3 OF 3 THENCE: South 02 °07' 14" East along the East line of this tract, the East line of said 26.6977 acres and the West right -of -way line of said North Main Street for a distance of 60.96 feet to the PLACE OF BEGINNING and containing within these boundaries 3.9172 acres 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 actual survey made on the ground, under my supervision, in July of 2010 and that all lines, boundaries and landmarks are accurately described therein. WrMESS my han and seal at Baytown, Texas, this the 12`h day of July, A. D.. 2010. liene Ramsey Registered Professional Land Surveyor No. 4379 l 0 -3749. RO WTR3. fdn.doc EXHIBIT "D" , page 1 of 3 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 14ARRIS § THAT the MAIN -HUNT, LTD., owner of the property described hereinbelow, for and in consideration of the sum of "TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration paid by the Transferee herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to the CITY OF BAYTOWN, a Texas home -rule municipality located within Harris and Chambers Counties, Texas, its successors and assigns, as Transferee, all Transferor's right, title, and interest in and to the property more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of Transferor's right, title, and interest in and to the Property, together with all and singular the rights and appurtenances belonging in any way to "Transferor, by Transferee and Transferee's 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 Property. Quitclaim Deed - Page 1 EXECUTED this the day of , 2010. TRANSFEROR MAIN -HUNT, LTD., a Texas Limited Partnership By: GULF EQUITIES REALTY ADVISORS, INC., a Texas corporation, its General Partner LEO WOMACK, President STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared LEO WOMACK, the President of GULF EQUITIES REALTY ADVISORS, INC., the General Partner of MAIN -HUNT, LTD., a Texas Limited Partnership, the owner of the property described hereinabove, known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , 20_. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: MAIN -HUNT, LTD. C/O GEORGE GILMAN 710 N. POST OAK ROAD, SUITE 400 HOUSTON, TX 77024 Quitclaim Deed — Page 2 RE'T'URN TO TRANSFEREE: CI'T'Y OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 R:1Karcn\FilcslContractsU Funt Road' QuitcluirnWain -F lunt.doc Quitclaim Deed — Page 3 Exhibit "A" HUNT ROAD TRACT 4 1.9862 ACRES PAGE 1 OF 3 FIELD NOTES of a 1.9862 acre tract of land situated in the W. G. Boswell Survey, Abstract 1562, Harris County, Texas and being the North 30 feet of Hunt Road (unimproved) as per plat of Elena Fruit & Cotton Farms Subdivision recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas. This 1.9862 acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: ALL BEARINGS ARE LAMERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 0.9998721. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a %: inch iron rod, with cap, found in the West right -of -way line of North Main Street (right -of -way width varies) for the Northeast corner of the Second Baptist Church as platted under County Clerk's File No. 20090373735 of the Plat Records of Harris County, Texas and the Southeast corner of that certain 5.0 feet wide strip of land conveyed by Eddie Gray, et al, to Occidental Chemical Corporation by Deed dated July 14, 1993 and recorded under County Clerk's File No. P347319 of the Official Public Records of Real Property of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value of Y=13,859,891.17 and X= 3,248,202.06. THENCE: North 02 °04'29" West along the West right -of -way line of said North Main Street, the East line of said 5.0 feet wide strip and the Northernmost East line of that certain 5.6744 acre tract of land conveyed by Eddie Gray, et a1, to Diamond Shamrock Corporation by Deed dated February 24, 1977 and recorded under County Clerk's File No. F062585 of the Deed Records of Harris County, Texas, for a distance of 84.76 feet to a 5/8 inch iron rod found for the Northeast comer of said 5.6744 acres and the Southeast corner of said Hunt Road (unimproved). THENCE: North 02 °07' 14" West along the West right -of -way line of said North Main Street and the East line of said Hunt Road for a distance of 60.96 feet to a point for the Southeast corner of that certain 26.6977 acres conveyed by George Gilman, Trustee, to Main -Hunt, Ltd. by Deed dated May 20, 1985 and recorded under County Clerk's File No. K165240 of the Deed Records of Liberty County, Texas and the Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value ofY =13,860,041.88 and X= 3,248,196.55. HUNT ROAD TRACT 4 1.9862 ACRES PAGE 2 OF 3 THENCE: South 02 °07' 14" East along the East line of this tract, the East line of said Hunt Road (unimproved) and the West right -of -way line of North Main Street for a distance of 30.57 feet to a point for the Southeast comer of this tract. THENCE: South 77 °40'47" West along the South line of this tract and the centerline of said Hunt Road (unimproved) for a distance of 2775.03 feet to a point for an angle point in said line. THENCE: South 77°42'18" West along the South line of this tract and the centerline of said Hunt Road (unimproved) for a distance of 97.85 feet to a point the Southwest comer of this tract. THENCE: North 12° 16'06" West along the West line of this tract, over and across said Hunt Road (unimproved), for a distance of 30.00 feet to a 5/8 inch iron rod found in the North right -of -way line of Hunt Road (unimproved) for the Northwest corner of this tract, the Southwest comer of said 26.6977, the Southwest comer of that certain 3.9712 acre Tract 3 surveyed this date, the Southeast corner of that certain 5.00 acre tract of land conveyed by William K. Puckett and wife, Patty Puckett, to Norman E. Perkins and wife, Barbara Perkins, by Deed dated April 20, 1975 and recorded under County Clerk's File No. E417217 of the Deed Records of Hams County, Texas and the Southeast comer of that certain Tract 2 surveyed this date. THENCE: North 77 °39'09" East along the North line of this tract, the North line of said Hunt Road (unimproved) and the South line of said 26.6977 acres for a distance of 97.80 feet to a point for an angle point in said line. HUNT ROAD TRACT 4 1.9862 ACRES PAGE 3 OF 3 THENCE: North 77 °40'47" East along the North line of this tract, the North line of said Hunt Road (unimproved) and the South line of said 26.6977 acres for a distance of 2780.47 feet to the PLACE OF BEGINNING and containing within these boundaries 1.9862 acres of land. SURVEYOR'S CERTIFICATE I, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in July of 2010 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 23rd day of November, A. D., 2010. Ju a Ramsey Registered Professional Land Surveyor No. 4379 10- 3749.ROVM4.fdn.doc