Ordinance No. 11,552ORDINANCE N(-'). 11,552
AN ORDINANCE OFTHE CCITYCOUNCIL (A:TI]J,`,`(-TFY
AUTHOWZYN('i A LETTER M" IN'1'1-,N'I',,NND AGR[-,FNlF,'NTIN PRIN(APLE WITH
GARYI-I - ARMY, MARLES IL GRUBV fum, CONCERNING 110'.
XTEN SION OF ROAD; AND PROVIDING FOR TI IF 1"J'FECTIVE, DATF,'
TIJEREW
BE ITORDAINED BY TI W. CITY COUN(lt- 01"T1 tE CITY (WBAYTOWN,TERAS:
SecOon 1: Timt Ac City Comwil of We Chy of Bylm"q Texas. 1wreby authorizes the City
Humger to execule and the Cli), Clerk to attest to a Letter of' intan and Agreernma in PriKiple Wh
Gartli -Aycher, Charles H. Grubc, Ltd., concerning the extensOn oH lum Road. A copy of thcagrcement
is attached hereto as Exhibit "A" and WoMomted hucin Rw all humB :md pupmes.
ScHon 2: This oalinance shall take effect immediately From ,in(] after its passage by the
("'ity Couticil ofthe City of Baytown, 11-:7
IN fRODUC1,A), READ and PASSED by the affirmative vow of 0 Cit)'('()UnCil Of 111C Cily'Of
lNyumvn this the 130 day of January, 20 11. / Ir
5,
. . . . . . . . . .
Y SCI I, City, Cie,
OVF,J) AS TO FORM:
DONCARLOS, Mayor.
N,\6cl�ly��k Z, SR, C'y \(lorney
ACIO RAMIRI.
VJ,mmary 1 3" 1-010rdmamx doc
EMIT At
LETTER OF INTENT AND
AGREEMENT IN PRINCIPLE
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, GARTH - ARCHER, CHARLES H. GRUBE, LTD. (the "Partnership "), is
the owner of Tracts 1, 2, 3, and 4, located in Baytown, Harris County, Texas, and more
particularly described in Exhibits A. B. C and D, respectively, which are attached hereto and
incorporated herein for all intents and purposes (collectively, the "Pro a "); and
WHEREAS, the CITY OF BAYTOWN (the "Lb") desires to widen and improve Hunt
Road in phases from its current two -lane asphalt configuration to a four -lane, concrete,
landscaped boulevard ( "Hunt Road Expansion Project ") and Phase 1 of the Hunt Road Expansion
Project ( "Phase 1 ") will be in conjunction with the Academy retail development on the west side
of Garth Road; and
WHEREAS, Phase 1 east of Garth Road involves parts of Tracts 1 and 2, as shown on the
drawing attached hereto as Exhibit E, and is scheduled for completion by the end of 2011; and
WHEREAS, in addition to the Phase 1 improvements, the City wishes as part of the Hunt
Road Expansion Project to construct a two lane extension of Hunt Road from its current eastern
terminus approximately 2,100' east of Garth Road eastward to create an intersection with North
Main Street ( "Phase T'), which is tentatively scheduled for completion by the end of 2012; and
WHEREAS, Tracts 3 and 4 will be needed in connection with Phase 2; and
WHEREAS, the Partnership acknowledges that upon completion of the Phase 1 and 2
improvements the City will not complete the design and build -out of Hunt Road from Garth Road
to North Main Street as a complete four or five lane landscaped boulevard until $10,000,000 in
new incremental taxable value is created by development on the Garth- Archer, Charles H. Grube,
Ltd. property; and
WHEREAS, the Partnership is amenable to conveying Tract I in fee and Tract 2 by grant
of easement to the City with the understanding that a road and other improvements will be built
on a portion of Tract 1 by the City and utilities will be installed in portions of Tract 2 in
connection with Phase 1; and
WHEREAS, the City is willing to accept Tract 1 and Tract 2 for the purposes for which
the Partnership is conveying and granting the same, but cannot agree to a date certain when such
tracts will be used for the purposes dedicated.
NOW THEREFORE, the Partnership and the City desire to enter into a Letter of Intent
setting forth the following intentions of the parties to consummate the transfer of the Property to
the City and future expansion of Hunt Road:
1. The Partnership represents that it intends to execute the Right of Way Deed, which is
attached hereto and incorporated herein for all intents and purposes as Exhibit E,
dedicating Tract I to the City on or before January , 2011.
1855727.v2 Draft 01/07/11
2. The Partnership represents that it intends to execute the Grant of Easement, which is
attached hereto and incorporated herein for all intents and purposes as Exhibit F,
conveying an easement for utilities and other municipal purposes in, along, upon, above,
across, and under the Tract 2 to the City on or before January , 2011.
3. After execution and delivery of the documents described in Paragraphs I and 2 above by
the Partnership to the City, the City represents that it will proceed with the current plan
for construction of Phase I, which plan includes:
a. requesting City Council authorization for entering into a design contract for
Phase 1;
b. requesting City Council authorization for entering into a construction contract for
Phase l;
C. providing in the plans and contract for relocation at the City's expense of the
existing boundary and cross fences on Tracts l and 2 to the new north boundary
of the Property; and
d. addressing access by the Partnership from the existing two lane roadway across
the new right -of -way and utility easement to its Property via access points across
Tracts I and 2 in compliance with the City's access management standards,
including two access points aligned with existing driveways on the north side of
Hunt Road (the "Kohl Driveways "), to coordinate future median cuts when Hunt
Road is expanded to four or five lanes.
4. The Partnership represents that it intends to execute the Right of Way Deed, which is
attached hereto and incorporated herein for all intents and purposes as Exhibit E,
dedicating Tract 3 to the City upon completion of the design work for Phase 1.
5. The Partnership represents that it intends to execute the Grant of Easement, which is
attached hereto and incorporated herein for all intents and purposes as Exhibit F,
conveying an easement for utilities and other municipal purposes in, along, upon, above,
across, and under the Tract 4 to the City upon completion of the design work for Phase 1.
6. After execution and delivery of the documents described in Paragraphs 4 and 5 above by
the Partnership to the City, the City represents that it will proceed with the current plan
for construction of Phase 2, which plan includes:
a. requesting City Council authorization for entering into a design contract for
Phase 2;
b. requesting City Council authorization for entering into a construction contract for
Phase 2;
providing in the plans and contract for relocation at the City's expense of the
existing boundary and cross fences on Tracts 3 and 4 to the new north boundary
of the Property; and
d. addressing access by the Partnership from the existing two lane roadway across
the new right -of -way and utility easement to its Property via access points across
1855727 Q Draft 01107/11
Tracts 3 and 4 in compliance with the City's access management standards and
to coordinate future median cuts when Hunt Road is expanded to four or five
lanes.
The foregoing represents the understanding of the parties as of the date hereof and
constitutes an agreement in principle only. Final details of a future expansion of Hunt Road are
subject to further review and comment by the Partnership and the City represents that it will keep
the Partnership advised of the planning on a regular basis. 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. A vote on approval
of the terms of this Letter of Intent will be submitted to the partners of the Partnership on January
10, 2011.
EXECUTED this the day of January, 2011.
GARTH- ARCHER, CHARLES H. GRUBE, LTD.,
a Texas Limited Partnership
By:
CHARLES H. GRUBE,
General Partner
EXECUTED this the day of January, 2011.
THE CITY OF BAYTOWN, TEXAS,
a home -rule municipal corporation
By:
GARRISON C. BRUMBACK,
City Manager
1855727 Y2 Draft 01/07/11
Exhibit "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
TRACT 1)
ADDITIONAL ACREAGE TO
HUNT ROAD RIGHT -OF -WAY)
1.0331 ACRES)
44,999.9252 SQUARE FEET)
FIELD NOTES of a 1.0331 acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) conveyed by Florence Godfrey, at al, to Garth -
Archer, Charles H. Grube, Ltd., by Deed dated February 15, 1973 and recorded under
County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This
1.0331 sere tract of land is more particularly described by the following metes and
bawds, to-wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
a 0.99989949.
BE004NING at a K inch iron rod found at the intersection of the South right -of -way line
of Hunt Road (60 feet wide right -of -way) and the East right -of -way line of Garth Road
(right -of -way width varies) at the Northwest corner of the residue of said 126.735 acres.
Said point being the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: North 77036'15" East along the North line of this tract, the North line of said
residue of said 126.735 acres and the South right -of -way line of Hunt Road for a distance
of 900.00 feet to a point for the Northeast corner of this tract and the Northwest comer of
that certain 1.2987 acre tract described this date.
THENCE: South 08026'22" East along the East line of this tract and the West line of
said 1.2987 acres for a distance of 50.12 feet to a point for the Southeast corner of this
tract, the Southwest corner of said 1.2987 acres, the Northwest corner of that certain
02602 of an acre had described and the Northeast comer of that certain 0.2066 of an
acre tract described this date.
THENCE: South 77 °36' 15" West along the South line of this tract and the North line of
said 0.2066 of an acre for a distance of 900.00 feet to a point in the East right -of -way line
of Garth Road and the West line of the residue of said 126.735 acres for the Southwest
comer of this tract and the Northwest corner of said 0.2066 of an acre tract.
PAGE 2 — 1.0331 ACRES, TRACT I.
THENCE: North 08°26'22" West along the West line of this tract, the West line of the
residue of said 126.735 acres and the East right -of -way line of Garth Road for a distance
of 50.12 feet to the PLACE OF BEGINNING and containing within these boundaries
1.0331 acres of land or 44,999.9252 square feet of land..
SURVEYOR'S CERTIFICATE
L Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing Held notes were prepared from an office survey made by me on
December 14, 2010, based on a field 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 15a' day of December, A. D.,
2010.
J e Ramsey
Registered Professional Land Surveyor No. 4379
10- 3749 .GrubeTmct.revised.row.fdn.doe
Exhibit "B"
STATE OF TEXAS)
COUNTY OF HARRIS)
HUNT ROAD EASEMENT TRACT 2)
01066 OF AN ACRE)
8999.9850 SQUARE FEET)
FIELD NOTES of a 0.2066 of an acre tract of land situated in the W. 0. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) conveyed by Florence Godfrey, at al, to Garth -
Archer, Charles H. Grube, Ltd., by Deed dated February 15, 1973 and recorded under
County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This
0.2066 of an acre tract of land is more particularly described by the following metes and
bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.99989949.
CON84ENCING at a % inch iron rod found at the intersection of the South right -of -way
line of Hunt Road (60 feet wide right -of -way) and the East right -of -way line of Garth
Road (right -of -way width varies) at the Northwest comer of the residue of said 126.735
acres and the Northwest corner of that certain 1.0331 acre tract described this date.
THENCE: South 08°26'22" East along the West line of the residue of said 126.735
acres, the West line of said 1.0331 acres and the East right -of- -way line of said Garth
Road for a distance of 50.12 feet to a point for the Southwest comer of said 1.0331 acres
and the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: North 77 °36' 15" Past along the North line of this tract and the South line of
said 1.0331 acres for a distance of 900.00 feet to a point for the Northeast comer of this
tract, the Southeast corner of said 1.0331 saes, the Southwest corner of that certain
1.2987 acre tract described this date and the Northwest comer of that certain 0.2602 of an
acre tract described this date.
THENCE: South 08°2622" East along the East line of this tract and the West line of
said 0.2602 of an acre for a distance of 10.02 feet to a point for the Southeast comer of
this tract and the Southwest corner of said 0.2602 of an acre tract.
THENCE: South 7r36'15" West along the South line of this tract for a distance of
900.00 feet to a point in the East right -of -way line of Garth Road and the West line of the
residue of said 126.735 acres for the Southwest comer of this tract.
PAGE 2 — 0.2066 OF AN ACRE, TRACT 2.
THENCE: North 08°26'22" West along the West line of this tract, the West line of the
residue of said 126.735 acres and the Past right -of -way line of Garth Road for a distance
of 10.02 feet to the PLACE OF BEGINNING and containing within these boundaries
0.2066 of an acre of land or 8999.9850 square feet 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 office survey made by me on
December 14, 2010, based on a field survey made on the ground, under my supervision,
in July of 2010, and that all lines, boundaries and landmarks are accurately descn' bed
therein.
WITNESS my hand and seal at Baytown, Texas, this the 15a' day of December, A. D.,
2010.
jJene Ramsey
Registered Professional and Surveyor No. 4379
10- 3749 .GmbeTmet.revised.ue.fdn.doe
Exhibit T"
STATE OF TEXAS)
COUNTY OF HARRIS)
TRACT 3)
ADDMONAL ACREAGE TO
HUNT ROAD RIGHT -OF -WAY)
12987 ACRES)
56,570.0797 SQUARE FEET)
FIELD NOTES of a 1.2987 acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) and that certain called 0.87 of an acre (Tract 2)
conveyed by Florence Godfrey, at al, to Garth - Archer, Charles H. Grube, Ltd., by Deed
dated February 1S, 1973 and recorded under County Clerk's File No. D806833 of the
Deed Records of Harris County, Texas. This 1.2987 acre tract of land is more
particularly described by the following metes and bounds, to-wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.99989949.
CObOdMCING at a K inch iron rod found at the intersection of the South right -of -way
line of Hunt Road (60 feet wide right -of -way) and the East right -of -way line of Garth
Road (right -of -way width varies) at the Northwest corner of the residue of said 126.735
acres. Said point being the Northwest corner of that certain 1.0331 acre tract described
this date..
THENCE: North 77°36' 15" East along the North line of said 1.0331 acre tract, the North
line of said residue of said 126.735 acres and the South right -of -way line of Hunt Road
for a distance of 900.00 feet to a point for the Northeast comer of said 1.0331 acres and
the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Continue North 77036'15" East along the North line of this tract, the North
line of said residue of said 126.735 acres, the North line of said 0.87 of an acre and the
South right -of -way line of Hunt Road for a distance of 1129.72 feet to a point for the
Northeast corner of this tract, the Northeast comer of said 0.87 of an acre and the
Northwest comer of that certain 25 feet wide easement conveyed by Charles J. Jurek and
wife, Annie Jurek, to Houston Lighting and Power Company by Instrument dated
December 27, 1977 and recorded under County Clerk's File No. F422478 of the Deed
Records of Harris County, Texas.
THENCE: South 12 017'29" East along the East line of this tract, the East line of said
0.87 of an acre and the West line of said 25 feet wide easement for a distance of 50.00
feet to a point for the Southeast corner of this tract and the Northeast comer of a 0.2602
of an acre tract described this date.
PAGE 2 — 1.2987 ACRES, TRACT 3.
THENCE: South 77036'15" West along the South line of this tract, over and across said
0.87 of an acre and along the North line of said 0.2602 of an acre tract for a distance of
1133.09 feet to a point for the Southwest comer of this tract, the Southeast corner of said
1.0331 acres, the Northwest corner of said 0.26x2 of an acre and the Northeast comer of
that certain 0.2066 of an acre tract described this date.
THENCE: North 08°26'22" West along the West line of this tract and the East line of
said 1.0331 acres for a distance of 50.12 feet to the PLACE OF BEGINNING and
containing within these boundaries 1.2987 acres of land or 56,570.0797 square feet 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 office survey made by me on
December 14, 2010, based on a field 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 15" day of December, A. D.,
2010.
J e Ramsey
Registered Professional Land Surveyor No. 4379
10- 3749 .GmbeTract.revised.row2.fdn.doe
Exhibit "D"
STATE OF TEXAS)
COUNTY OF HARRIS)
HUNT ROAD EASEMENT TRACT 4)
02602 OF AN ACRE)
11,334.2176 SQUARE FEET')
FIELD NOTES of a 0.2602 of an acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) and that certain called 0.87 of an acre (Tract 2)
conveyed by Florence Godfrey, et al, to Garth - Archer, Charles H. Grube, Ltd., by Deed
dated February 15, 1973 and recorded under County Clerk's File No. D806833 of the
Deed Records of Harris County, Texas. This 0.2602 of an acre tract of land is more
particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
= 0.99989949.
COh9v ENCING at a % inch iron rod found at the intersection of the South right -of -way
line of Hunt Road (60 feet wide right-of-way) and the East right -of -way line of Garth
Road (right -of -way width varies) at the Northwest comer of the residue of said 126.735
acres and the Northwest corner of that certain 1.0331 acre tract described this date..
THENCE: South 08026'22" East along the West line of the residue of said 126.735
acres, the West line of said 1.0331 acres and the East right-of-way line of said Garth
Road for a distance of 50.12 feet to a point for the Northwest comer of that certain
0.2066 of an acre tract described this date and the Southwest corner of said 1.0331 acre
tract.
THENCE: North 77"36'15" East along the North line of said 0.2065 of an acre and the
South line of said 1.0331 acres for a distance of 900.00 feet to a point for the Northeast
corner of said 0.2066 of an acre, the Southeast comer of said 1.0331 acres and the
Southwest corner of that certain 1.2987 acre tract described this date. Said point being
the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Continue North 77 °36' 15" East along the North line of this tract and the
South line of said 1.2987 acres, over and across the residue of said 126.735 acres and
over and across said 0.87 of an acre, for a distance of 1133.09 feet to a point for the
Northeast comer of this tract and the Southeast corner of said 1.2987 acres in the East
line of said 0.87 of an acre and the West line of that certain 25 feet wide easement
conveyed by Charles J. Jurek and wife, Annie Jurek, to Houston Lighting and Power
Company by Instrument dated December 27, 1977 and recorded under County Clerk's
File No. F422478 of the Deed Records of Harris County, Texas.
PAGE 2 — 0.2602 OF AN ACRE, TRACT 4.
THENCE: South 12°17'29" East along the East line of this tract, the East line of said
0.87 of an acre and the West line of said 25 feet wide easement for a distance of 10.00
feet to a point for the Southeast corner of this tract.
THENCE: South 77°36' 15" West along the South line of this tract, over and across said
0.87 of an acne and over and across said 0.87 of an acre and over and across the residue
of said 126.735 acres, for a distance of 1133.76 feet to a point for the Southwest corner of
this tract and the Southeast corner of said 0.2066 of an acre tract.
THENCE: North 08 °26'22" West along the West line of this tract and the East line of
said 0.2066 of an acre tract for a distance of 10.02 feet to the PLACE OF BEGINNING
and containing within these boundaries 0.2602 of an acre of land or 11,334.2176 square
feet of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on
December 14, 2010, based on a field 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 15'x' day ofDecember, A. D.,
2010.
E OF
J ene Ramsey v� f V . ' .
'stared Professional Land Surveyor No. 4379 ,, JUu €itsw4r►;tSEY
10- 3749.GrubeTract.ue.fdn.doc , ��a3ra �-
3 U t�`l�
Exhibit "E"
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 GARTH- ARCHER, CHARLES H. GRUBE, 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, 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 Exhibits "A" and "B," which are attached hereto and incorporated herein for all intents and
purposes (the "Property").
Restrictive Covenants:
I. 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,
Special Warranty Deed, Page 1
GRANTEE shall not be in violation of the above 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 made any improvements to the property described in Exhibit "A" within
three (3) years from the date of this deed, that 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. GRANTOR's reversion right shall lapse if such request is not made
to GRANTEE within 180 days after the expiration of such 3 -year period. GRANTOR's
notice to GRANTEE shall be sent to the City Manager of Baytown and, if such position
no longer exists, then the notice shall be given to the Mayor of the City of Baytown
3. If GRANTEE has not made any improvements to the property described in Exhibit "B" within
ten (10) 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. GRANTOR's reversion right shall lapse if such request is not made
to GRANTEE within 180 days after the expiration of such 10 -year period. GRANTOR's
notice to GRANTEE shall be sent to the City Manager of Baytown and, if such position
no longer exists, then the notice shall be given to the Mayor of the City of Baytown.
As used hereinabove in Paragraph 2, "improvements to the property" shall mean construction on the
property described in Exhibit "A" of not less than two new lanes of asphalt or concrete roadway to Extend
Hunt Road to connect with North Main Street. As used herein above in Paragraph 3, "improvements to
the property" shall mean construction on the property described in Exhibit "B" of not less than two new
lanes of asphalt or concrete roadway to expand it from two lanes to at least four lanes.
As used herein, "GRANTOR'S Retained Land" means the portion of that certain 126.735 acre tract in
Harris County, Texas, conveyed to GRANTOR by deed dated February 15, 1973, recorded under Harris
County Clerk's File No. D806833, remaining after GRANTOR'S conveyance of the Property to
GRANTEE by this deed.
Reservations from Conveyance:
1. 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, and all royalties,
bonuses and delay rentals with respect thereto, to the extent now owned by GRANTOR.
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:
Special Warranty Deed, Page 2
I . 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. GRANTEE shall pay any roll -back
taxes assessed against the Property; provided, however, nothing contained herein shall be
construed as the GRANTEE's waiver of its exemptions pursuant to the Texas Property
Tax Code.
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.
EXECUTED this the day of , 2011.
GRANTOR:
GARTH- ARCHER, CHARLES H. GRUBS,
LTD., a Texas Limited Partnership
By: CHARLES H. GRUBE, its General Partner
CHARLES H. GRUBE, General Partner
AGREED AND ACKNOWLEDGED:
GRANTEE:
CITY OF BAYTOWN
By: _
Name:
Title:
Special Warranty Deed, Page 3
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally appeared
Charles Grube, the General Partner of GARTH- ARCHER, CHARLES H. GRUBS, 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
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged
, the
corporation, on behalf of said City.
before me on
GRANTOR'S ADDRESS:
GARTH- ARCHER, CHARLES H. GRUBE, LTD.
1200 Smith Street
Houston, TX 77002
RETURN TO GRANTEE:
CITY OF BAYTOWN
Attn: City Clerk
P.O. Box 424
Baytown, Texas 77522
Special Warranty Deed, Page 4
2011.
Notary Public in and for the State of
Texas
My commission expires:
20_, by
of the City of Baytown, a municipal
Notary Public, State of Texas
Exhibit "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
TRACT 1)
ADDITIONAL ACREAGE TO
HUNT ROAD RIGHT -OF -WAY)
1.0331 ACRES)
44,999.9252 SQUARE FEET)
FIELD NOTES of a 1.0331 acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) conveyed by Florence Godfrey, et al, to Garth-
Archer, Charles H. Grube, Ltd, by Deed dated February 15, 1973 and recorded under
County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This
1.0331 acre tract of land is more particularly described by the following metes and
bounds, to-wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.99989949.
BEGINNING at a h inch iron rod found at the intersection of the South right-of-way line
of Hunt Road (60 feet wide right -of -way) and the East right -of -way line of Garth Road
(right -of -way width varies) at the Northwest corner of the residue of said 126.735 acres.
Said point being the Northwest corner and POINT OF BEGINNING of this tract.
THENCE: North 77 °36' 15" East along the North line of this tract, the North line of said
residue of said 126.735 acres and the South rigbt -of -way line of Hunt Road for a distance
of 900.00 feet to a point for the Northeast comer of this had and the Northwest corner of
that certain 1.2987 acre tract described this date.
THENCE: South 08°26'22" East along the East line of this tract and the West line of
said 1.2987 acres for a distance of 50.12 feet to a point for the Southeast corner of this
tract, the Southwest corner of said 1.2987 acres, the Northwest corner of that certain
0.2602 of an acre tract described and the Northeast corner of that certain 0.2066 of an
acre tract described this date.
THENCE: South 77 °36' 15" West along the South line of this tract and the North line of
said 0.2066 of an acre for a distance of 900.00 feet to a point in the East right -of -way line
of Garth Road and the West line of the residue of said 126.735 acres for the Southwest
corner of this tract and the Northwest corner of said 0.2066 of an acre tract.
PAGE 2 — 1.0331 ACRES, TRACT 1.
THENCE: North 08°26'22" West along the West line of this tract, the West line of the
residue of said 126.735 acres and the East right -of -way line of Garth Road for a distance
of 50.12 feet to the PLACE OF BEGUMING and containing within these boundaries
1.0331 acres of land or 44,999.9252 square feet of land..
SURVEYOR'S CERTIFICATE
I, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing Held notes were prepared from an office survey made by me on
December 14, 2010, based on a field 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 15a' day of December, A. D.,
2010.
J e Ramsey
Registered Professional Land Surveyor No. 4379
10- 3749 .GmbeTmeLrevised.row.fdn.doe
Exhibit T"
STATE OF TEXAS)
COUNTY OF HARRIS)
TRACT 3)
ADDITIONAL ACREAGE TO
HUNT ROAD RIGHT -OF -WAY)
12987 ACRES)
56,570.0797 SQUARE FEET)
FIELD NOTES of a 1.2987 acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) and that certain called 0.87 of an acre (Tract 2)
conveyed by Florence Godfrey, at a1, to Garth-Archer, Charles H. Grube, Ltd, by Deed
dated February IS, 1973 and recorded under County Clerk's File No. D906833 of the
Deed Records of Harris County, Texas. This 1.2987 acre tract of lased is more
particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.99989949.
COIVIlVIENCING at a % inch iron rod found at the intersection of the South right -of -way
line of Hunt Road (60 feet wide right -of -way) and the East rigbt -of -way line of Garth
Road (right -of -way width varies) at the Northwest comer of the residue of said 126.735
acres. Said point being the Northwest comer of that certain 1.0331 acre tract described
this date..
THENCE: North 77 °36' 15" East along the North line of said 1.0331 acre tract, the North
line of said residue of said 126.735 acres and the South right-of-way line of Hunt Road
for a distance of 900.00 feet to a point for the Northeast corner of said 1.0331 acres and
the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Continue North 77036115" East along the North line of this tract, the North
line of said residue of said 126.735 acres, the North line of said 0.87 of an acre and the
South right-of-way line of Hunt Road for a distance of 1129.72 feet to a point for the
Northeast corner of this tract, the Northeast corner of said 0.87 of an acre and the
Northwest corner of that certain 25 feet wide easement conveyed by Charles J. Jurek and
wife, Annie Jurek, to Houston Lighting and Power Company by Instrument dated
December 27,1977 and recorded under County Clerk's File No. F422478 of the Deed
Records of Harris County, Texas.
THENCE: South 12 017'29" East along the East line of this tract, the East line of said
0.87 of an acre and the West line of said 25 feet wide easement for a distance of 50.00
feet to a point for the Southeast comer of this tract and the Northeast corner of a 0.2602
of an acre tract described this date.
PAGE 2 — 1.2987 ACRES, TRACT 3.
THENCE: South 77 °36' 15" West along the South fine of this tract, over and across said
0.87 of an acre and along the North line of said 01602 of an acre tract for a distance of
1133.09 feet to a point for the Southwest comer of this tract, the Southeast corner of said
1.0331 acres, the Northwest corner of said 0.2602 of an acre and the Northeast comer of
that certain 0.2066 of an acre tract described this date.
THENCE: North 08 °26'22" West along the West line of this tract and the East line of
said 1.0331 acres for a distance of 50.12 feet to the PLACE OF BEGINNING and
containing within these boundaries 1.2987 acres of land or 56,570.0797 square feet 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 office survey made by me on
December 14, 2010, based on a field 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 15ei day of December, A. D.,
2010.
J e Ramsey
Registered Professional Land Surveyor No. 4379
10- 3749 .GmbeTract.revised.row2.fdn.doc
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.
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR GARTH - ARCHER, CHARLES H. GRUBS, LTD., owner of the below-
described real property, for and in consideration of the sum of TEN AND NO 1100 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 by GRANTOR has GRANTED, SOLD and
CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE
CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, an easement
for road, road drainage, utilities and other municipal purposes in, along, upon, above, across, and under
the real property located in Harris County, Texas, which is more particularly described in Exhibits "A"
and "B," which are attached hereto and incorporated herein for all intents and purposes (the "Property ").
Provided, however,
1. If GRANTEE has not made any improvements to the property described in Exhibit "A" within
three (3) years from the date of this easement, that property is subject to abandonment by the
GRANTEE within thirty days after the GRANTEE'S receipt of a written request from
GRANTOR therefor.
2. If Grantee has not made any improvements to the property described in Exhibit "B" within ten
(10) years from the date of this easement, that property is subject to abandonment by the
GRANTEE within thirty days after the GRANTEE'S receipt of a written request from
GRANTOR therefor.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in any wise belonging, together with the rights of ingress and egress to and from
said easement for the purpose of constructing, inspecting, repairing, and maintaining road, road drainage,
utilities and other municipal purposes, unto GRANTEE, its successors and assigns forever.
Easement, Page 1
GRANTOR agrees to bind itself, its successors and assigns to WARRANT and FOREVER
DEFEND, the said property unto the said GRANTEE, CITY OF BAYTOWN, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED this the day of , 20
GRANTOR:
GARTH- ARCHER, CHARLES H. GRUBS, LTD., a
Texas Limited Partnership
By: CHARLES H. GRUBE, its General Partner
CHARLES H. GRUBE, General Partner
Agreed and acknowledged:
GRANTEE:
CITY OF BAYTOWN
By: _
Name:
Title:
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally
appeared CHARLES H. GRUBE, General Partner of GARTH - ARCHER, CHARLES H. GRUBE,
LTD., a Texas Limited Partnership, the owner of the above - referenced property,
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_.
Easement. Page 2
Notary Public in and for the State of
Texas
My commission expires:
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on , 20_, by
, the of the City of Baytown, a municipal
corporation, on behalf of said City.
Notary Public, State of Texas
GRANTOR'S ADDRESS:
GARTH- ARCHER, CHARLES H. GRUBE, LTD.
1200 Smith Street
Houston, TX 77002
RETURN TO GRANTEE:
CITY OF BAYTOWN
Attn: City Clerk
P.O. Box 424
Baytown, Texas 77522
RAKarenTiles \Contmcts\Fiunt RoadlEasement 12272010• Grube.doc
fAie-m-eml, Page 3
Exhibit "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
HUNT ROAD EASEMENT TRACT 2)
0.2066 OF AN ACRE)
8999.9850 SQUARE FEET)
FIELD NOTES of a 0.2066 of an acre tract of land situated in the W. G. Boswell Survey,
Abstract 1562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) conveyed by Florence Godfrey, at al, to Garth -
Archer, Charles H. Grube, Ltd., by Deed dated February 15, 1973 and recorded under
County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This
0.2066 of an acre tract of land is more particularly described by the following metes and
bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.99989949.
COMMENCING at a 14 inch iron rod found at the intersection of the South right-of-way
line of Hunt Road (60 feet wide right -of -way) and the Fast right -of -way line of Garth
Road (right -of -way width varies) at the Northwest comer of the residue of said 126.735
acres and the Northwest corner of that certain 1.0331 acre tract described this date.
THENCE: South 08°26'22" East along the West line of the residue of said 126.735
acres, the West line of said 1.0331 acres and the East right -of -way line of said Garth
Road for a distance of 50.12 feet to a point for the Southwest corner of said 1.0331 acres
and the Northwest corner and POINT OF BEGINNING of this tract.
THENCE: North 77°36' 15" East along the North line of this tract and the South line of
said 1.0331 acres for a distance of 900.00 feet to a point for the Northeast comer of this
tract, the Southeast comer of said 1.0331 acres, the Southwest corner of that certain
1.2987 acre tract described this date and the Northwest comer of that certain 0.2602 of an
acre tract described this date.
THENCE: South 08°26'22" East along the East line of this tract and the West line of
said 0.2602 of an acre for a distance of 10.02 feet to a point for the Southeast comer of
this tract and the Southwest comer of said 0.2602 of an acre tract.
THENCE: South 77 °36' 15" West along the South line of this tract for a distance of
900.00 feet to a point in the East right -of -way line of Garth Road and the West line of the
residue of said 126.735 acres for the Southwest comer of this tract.
PAGE 2 — 0.2066 OF AN ACRE, TRACT 2.
THENCE: North 08°26'22" West along the West line of this tract, the West line of the
residue of said 126.735 acres and the East right -of -way line of Garth Road for a distance
of 10.02 feet to the PLACE OF BEGDMMG and containing within these boundaries
0.2066 of an acre of land or 8999.9850 square feet 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 office survey made by me on
December 14, 2010, based on a field survey made on the ground, under my supervision,
in July of 2010, and that all lines, boundaries and landmarks are accurately described
therein.
WTTNESS my hand and seal at Baytown, Texas, this the 15s' day of December, A. D.,
2010.
JeZ4
ne Ramsey
Registered Professional Land Surveyor No. 4379
10-3 749. Gr ub eTract. rev i s e d. u e. fd n. d o c
Exhibit T"
STATE OF TEXAS)
COUNTY OF HARRIS)
HUNT ROAD EASEMENT TRACT 4)
02602 OF AN ACRE)
11,334.2176 SQUARE FEET)
FIELD NOTES of a 0.2602 of an acre tract of land situated in the W. G. Boswell Survey,
Abstract I562, Harris County, Texas and being out of and a part of the residue of that
certain called 126.735 acres (Tract One) and that certain called 0.87 of an acre (Tract 2)
conveyed by Florence Godfrey, at al, to Garth - Archer, Charles H. Grube, Ltd., by Deed
dated February 15, 1973 and recorded under County Clerk's File No. D806833 of the
Deed Records of Harris County, Texas. This 0.2602 of an acre tract of land is more
particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
= 0.99989949.
COMMENCING at a % inch iron rod found at the intersection of the South right -of -way
line of Hunt Road (60 feet wide right -of -way) and the East right -of -way line of Garth
Road (right -of -way width varies) at the Northwest corner of the residue of said 126.735
acres and the Northwest corner of that certain 1.0331 acre tract described this date..
THENCE: South 08°26'22" East along the West line of the residue of said 126.735
acres, the West line of said 1.0331 acres and the East right-of-way line of said Garth
Road for a distance of 50.12 feet to a point for the Northwest comer of that certain
0.2066 of an acre tract described this date and the Southwest comer of said 1.0331 acre
tract.
THENCE: North 77 °36' 15" East along the North line of said 0.2065 of an acre and the
South line of said 1.0331 acres for a distance of 900.00 feet to a point for the Northeast
corner of said 0.2066 of an acre, the Southeast corner of said 1.0331 acres and the
Southwest comer of that certain 1.2987 acre tract described this date. Said point being
the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Continue North 77 °36' 15" East along the North line of this tract and the
South line of said 1.2987 acres, over and across the residue of said 126.735 acres and
over and across said 0.87 of an acre, for a distance of 1133.09 feet to a point for the
Northeast corner of this tract and the Southeast corner of said 1.2987 acres in the East
line of said 0.87 of an acre and the West line of that certain 25 feet wide easement
conveyed by Charles J. Jurek and wife, Annie Jurek, to Houston Lighting and Power
Company by instrument dated December 27, 1977 and recorded under County Clerk's
File No. F422478 of the Deed Records of Harris County, Texas.
PAGE 2 — 0.2602 OF AN ACRE, TRACT 4.
THENCE: South 12 °17'29" East along the East line of this tract, the East line of said
0.87 of an acre and the West line of said 25 feet wide easement for a distance of 10.00
feet to a point for the Southeast comer of this tract.
THENCE: South 77036'15" West along the South line of this tract, over and across said
0.87 of an acre and over and across said 0.87 of an acre and over and across the residue
of said 126.735 acres, for a distance of 1133.76 feet to a point for the Southwest comer of
this tract and the Southeast comer of said 0.2066 of an acre tract.
THENCE: North 08 °26'22" West along the West line of this tract and the East line of
said 0.2066 of an acre tract for a distance of 10.02 feet to the PLACE OF BEGINNING
and containing within these boundaries 02602 of an acre of land or 11,334.2176 square
feet 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 office survey made by me on
December 14, 2010, based on a field 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 15a' day of December, A. D.,
2010.
O F
Q• p%ST89
em Ramsey co /e
'stered Professional Land Surveyor No. 4379 'iia Ey
10.3749.GrubeTraet.ue.fdn.doc ` l?................ ��
GUM