Ordinance No. 11,567()RI)INANCTE .fit ). 11,5,67
inq (wimpaxomi, C. llu, urry coLINUIL. OF "rim cii's, OF BA'i"'VONA'N, VFXAS,
ORDINAN('F," N(,). 11.,552. PASSFU> (,,)N JANt,_!AOW 13, 201 1, IN FFS
im"ritunw; ALA"IfORIZINQ A LIA-1111t OF INTENT ANFJ A(iREEMENT IN
PRINC[PLU'. )v\/1111 GARTI I - ARCMER, C711AR1.ES 11. GRIME, MIX,
CONCERNING WAFT EMINNSION (All 11UNT ROAD; AND PROVIFANCi F(�)R THF',
F'FF1:C`TJVF.',, IDA'I'Ll., 11 IFEFIIFX)J:
* * * * * * 0 * 0 * 0 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * w * * * * * * * * * * * * * * * * * * * * * * * * * * * *W
im rFowmiNim m, ilitici,i-Y, BAYT0N%,1N.,AT.XAS:
Section 1: "Mat UrcHnance No. 1 1,552 passed on January 13, 201 1, al_ltl)CwF-iZing as 1,Ctler of
Went and Agww"ent in Principic xvith (Jam-th - Archer, (_`harles 11 Orubc. Litt, for Flunt Road is hereby
FQIwaled ili its entirety '.
section 2: 'I'llat the C,7ity (`k)mnCi1 A:)V the C-7ity ci,f Baylowi,%, hereby atlillcwizes the Cit:w,
Matt ag,cr, to execute and the (::.°"y Clerk tt)p attest to a Letter c)r nuem and Agrvernew in Principple with
Garth - Ar4Aiery MaHes I L (Rube, IX&, conceming the extension or uwa Road, A copy of ulna
is attached hereto an; Exhibit -/V' and incorporated herein Ibr idt intents imid pnrposes.
SOCEiOn 3; This ordinance shzdl take Mew Wnicdiately froni :mid after its r1assage hy the
fln, C2,,lincil (31"r tile a
yt C) N,
READ atid IONSSET> by ille vt)tc c)r tliej. �lty Coouncil fc�O_ the c�f
Baytown this the 1, 0"' &1> Of FC114-Miry, 201 1 .
13 Xff]
57�_X_ltf: /I---
. . . . .. ..... ...... .....
Clerk
APPR(L)VED AS TO F(,:)RN/I:
FJ ch•wary l0A
Exhibit "A"
LETTER OF INTENT AND
AGREEMENT IN PRINCIPLE
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, GARTH- ARCHER, CHARLES H. GRUBS, LTD. (the" rt rshi "), is
the owner of Tracts I, 2, 3, and 4, located in Baytown, Harris County, Texas, and more
particularly described in gxhibits A. B. C and D. respectively, which are attached hereto and
incorporated herein for all intents and purposes (collectively, the "EMperty '); and
WHEREAS, the CITY OF BAYTOWN (the "Ci + ") 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 I of the Hunt Road Expansion
Project ("Phase I ") 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 I and 2, as shown on the
drawing attached hereto as Exhibit I• and is scheduled for completion by the end of 2011; and
WHEREAS, in addition to the Phase I 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 (" 2% which Is tentatively scheduled for completion by the end of2012; 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 I 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 l; and
WHEREAS, the City is willing to accept Tract I 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, subject to partner approval, 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 February 11. 2011.
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 February 11, 2011.
3. After execution and delivery of the documents described in Paragraphs 1 and 2 above by
the Partnership to the City, the City represents that it will proceed with the current plan
for construction of Phase 1, 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 I 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 Drive , 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 far all intents and purposes as Exhibit G.
dedicating Tract 3 to the City upon completion of the design work for Phase 1.
S. 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 H•
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;
C. 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
0�
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 live
lanes.
The foregoing represents the understanding of the parties as of the date hereof and
constitutes an agreement in principle only. The City will provide the partnership with a copy of
the City's access management standards and its preliminary plans for Phase 2. 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.
�sf
EXECUTED this the ' day of February, 2011.
GARTH- ARCHER, CHARLES H. GRUBE, LTD.,
a Texas Limited Partnership
By: C%y
CHARLES H. GRUBE
General Partner
EXECUTED this the day of February, 2011.
THE CITY OF BAYTOWN, TEXAS,
a home -rule municipal corporation
By
ROBERT D. LEIPER
City Manager
RAKa=%hk sTwaraet V-hmt Roacn otter of [matt and Agreanmt in PrinCIPW - 012ffi01 I - Clem . DOC
Exhibit w
STATE OF TBXAS)
COUMTUM
ADDA`S3rTALACRBAGS70
AUNPROAD -01MAT)
L0831 ACRES)
44999.9212 SQUARE PM
FIELD NW= of a 1.4331 acre t met oflaad aitttsood b the W. Ch DOMOU $iuvay.
Abetted1562,AaaisCbvMTau=dbebsSedotaodap0ofdo dda4ofdM
a tdn called 126.735 mm (rad On) oeav gWby Floremoa Godity. at al. tD Garth-
Amiss: C M loll Cfobe. Ltd,byDseddMedFbbvmW U.1973 sndre =M undw
County ClaWa FRO No. D806833 of9ioDoodReoosda dumb Cbm wp itML Tlt4
1.8331 aoro anent of land b nma+epugmde*doe AW by the Saliowbag mates emit
bontada, bmvib
NOM* BBARDM AR87.Abrt0 M GRm BBARIlM AND ALL COORDOL43MS
REFER TO 788 &TATS PLAM COORRDWAZB SYSTEM, SOUI'11 CENTRAL
ZONB,NAD S3. ALL DWANMARSACIVALI)WANCB9. SCALSFACM
@0.99489949.
SBOII3NIISG at a �4 faah bn3tt trod �d at the Iotimoeeatian of t8a 8ota8a dgb0oi�+ovsy Noe
ofBotttBoad (60 ftetatds�dghtro &we�ljaadlla8eat�q►Oae olOtOthR,00d
(�ghtoRrovalrwbdWvsdea) attBsNaa�voRootaaeofOsai +eaidoeotssid 126.735 assn.
Sddp@Wbdngd*Nodhwede mecaadPCWCFBWM=Gofg& last.
TMM Wcdb 7° 36' IrZ WalomgtitoNwlkUwoflt &UWLeltONW&lineotadd
raddao of asbd 126.735 saxes and the South Hw ofBltmt Road Ar a distance
of9OL8O fbatto apolot lbrOm Nadmo c=uafdis asst amd thoNozdnv mt canaorof
fiat ceitidu 1.2987 aor+a fact des &cd this data
TMWCM South Or26'2'Y' Baal along the BM bo ofthla !tact and tho Weal One of
sold I.Z V , ,a lbr a didatan of$&U lest to a pob a hrdta Southtaat coma of this
VuLdic BoaftwestoometrafaM I MPearns,SeNciftacooeneroftbateaa W
O.? M ofan a n tract dosmtlbed sad gwNotQt o comaof Qast oeaNib 02066 *fm
sma tractdambedtlda date.
TIMM South 77°36'15" Wattstegg the BoWh Umat bds tm and the Natthltne of
add 0.2066 cfan acre ft adbsfuos of9OW hd to s point in the Fast s SbWf -my Hw
ofGa M Road and tans West lino oftbstaeWn ofWd M73S amw tb gw SoaGwest
coeaarofdda itmsand 2wWarftvd o=wofsddO afsnaccafwL
4/�r�
PAG82- 1.0331 AC"47RACr 1.
TIMM Notch 08°26`22« Went dog tho Wet Un ofd& bset. dw West On of the
residua ofatd 126.738 sm sad the Md t ot�vay of 0a�t l tb;sdietanoe
of Sala M ID OM PLACB M a+ad MUMUM tbesabammdmSee
t.a331 ofI ndor44r999.Msq=mfeedafIML
�
g 8 aeaepraparedfm mvoymas 9 ►
�
Deembsr Ha MOM0, based on s 5e1d eotvaprmadaeeoOw snund. ttndwny=pavlWb%
fs July of201q and that s118tte4 b d - Mw mm b era aooaiately daalhod
9eadL
WTr1M myhead aad seal sIDWtowaoftm thisdha 150 &yofDw=bc4 A.D,
2010.
J lopm Ramsey
Rcodeted Proh=ional Lud SmvWrNo. 4379
10.3749.Gmbdi'=cU*vi -.ft Ann
wit nap
STATSOFTEXAS)
COUNTY OF HAMM
I1xJNr ROAD HASZil MW TaACT2)
0.20660PAN ACM
8999.9850 SQVARB F88'P)
RW XOTBS of& 0 2066 of as &= tract of lod doeA is dho W. cL IGMY& Smvey.
Abwo 19% beets Cougg Tom and b fteAofmmd apartofthereoddno ofdmt
caa bia odled 12&M aasm thaot Ou) conveyed by Pb r=oe GodSsy, et ai, m t odh-
Ae+abc G6mrlmIL Ud. sbyDaeddatedFebr =,y15,1973amdreoetdedeseedmr
CoU* Clack's Pile Na DS06833 of the Deed Baooahof usus Comm►. Tay. TMs
O.Z456 of ac &cre: pact of faad is mots potia�r dator� by Qm �lioaio�g mamea aad
bottads, to,ardts
NOTE: BURDIGS AU LAMBERT 00 BBARBM AMID AM t700®tDII�B
REMTO THE STATE PLANSCOORDDE478 SYSTEM. SOVl'SC 47RAL
ZONE, NAD S3. Al.lr DZTANCES ARSACTM DWMCBL SCALB FACWR
.0.99989949.
CON!<4S8NQ O at a %ice imn end A and at tie bowedon of the l3omis gyp►
line ofRW Road (6D tbet aide rlE -d- way) d d the l3W d,Oo4arw lhw of Gu&
Road
Bona ud s � emw ofWatoaetaia 1.0331 um taaot desofted dam.
TMNCB: Soah 08°26'22" Bast dit too Wedt lice dlMo midne ofadd 126.735
amxa the We a Uae ofaM 1 AS31 aeees cad 9w BestOgfat ftV lice of odd tied*
Read Soya dM mcs ofS&12 6d to ap W tbrd *So t oomerofaadd 1.0331 as n
amd ties Neeffiaeataodtio , cad POINT OF BBGD& II+1L1 ofddo uo&
'1Ti BWM Nodh MW 1S' But dog ftNoeth lice oftMa teaot and the Soeede &o of
avid 1.0331:area the a dMmms of900A0 id to a podat Sat the Nortbm oommwafdde
M4 the SoiMeauoenmerofsaid 1.0331 aamm the SmAbwataome:ofdW oat&
1.29987 am tract deed this date sad tie Nar&wwtcmwof&d ooWn 02602 of eae
acre tsaet deaoci6ed this data '
MEWC & ft& 08°26'22" Bast Wm the Bat line of thda Dada and d o Walt Hereof
said 0.2602 of en eore for a disamoe of tO.02 Ad to &point tbrthe Sout>=A codger of
d ds twist ead the $oudnveat oommr ofsaid 0.2®02 of m acre tenet.
TABNCM Scale 77° LTI West aloq the ScAlm ofddsteaetfbraddawm of
900A0 tbet to a � ht tlm Eau dg1~troSwa0rl6eeof tiemflt Road and the Went Has of t6o
reddke ofsaid U&735 acres 6rdwSon6woomeraNdsumm
rAM2- OMMOFAN AGM 7RACrl
TMKC& Nott488°Z6 W West alms t4o Wag NoCfWs taxat,the West NOOfthe
mddaeofsdd IX73S as+ =ddwBm HoofGaM Road hradin um
of 10A2 ha to 0m PLAC'R OF =d=dphbmvlftd=ebomWedm
02M otu m oeoflaador x.9838 spnfket oflm L
BLl�V8Y0lt'8 CBRtII�TCA'TB
� JtsllaassReaasey, RedProftddonal Load 8ncveyorNa 4379, do heroby cati$r
than rite ibt+eeoiat8 Se1d ttotea vvmo pnpaved � an � auveyanaade by ate aan
Deoennber 14, 2010, based sate 8dd inveymatdeontbv S a4mdwmVmpendanoa,
In July MOW* and that A tu% boumWes and hmftwb are aomady desmibad
8terah
WlIr M sty bead astd seal at Dgbwn, Ten& No the 151' defy of Dace &o; A D.,
2010.
S9" C g4
Rsgiatared P l Land S=vgwWo.4379 •-
104T4Akdmff=cLnvlwdmftLdoc 4�i1,�1r
Polk
Exhibit To
VrA?B OF 7E AM
OOUNTY OP HARRIS)
TRACT 3)
ADDTTI OiNAL AC REAQE T O
RMROAD RIIM43F-WAY)
1.22 ACRD
Sti ft797 SQVARB FEBT)
F�aNiOR'BS of a iZ987 sore tract of lead dtoe�ed is ffie W. Q. Hoswei! Stiavay,
Abdmot 1S6Z, Rotas CbomW& Ta m emd belag oatctmd apmt atthe reaidae *ftbat
oeitaiatooW 1?6.735 saw ClhdQae) andfMoukk odWO27 *tan noted
� IS,19?3�asddiieoos+d�ed CMWCIedcSFftNo.D8o�683� Otte
Dead R@=* of Hwfs O=W. T=& Ibis IJW am tmct of lnd b maa�e
pudcwa ► deud6ed by t8e hU*wbSmdw and bounds, tv�wit:
NOTE: DBARINOS ARE LAMBW ORID BBARDM AND ALL COOPMA723
RMIBR TO 7HB BTA78 PLANB CCORDINA?B SYSTEK SOUM CENTRAL
ZMMNAD83. ALL DWANC88ARSACiALDgMANCBIL SCALDFACTOR
OMSM9.
t'�OM1V11WICQ�IO at a 1+4 inch ho and bind at OciMnd= ofdw SaWhd*.of-wq
ltsao *f 8mtt Road (60 Dot wills dgbLoSvva�j am18�s Bast dgL�ofrw�r litm otCieocth
Road( dgbWf - Vv idlbv&W) atd oNaOffio mwofdesrc d&m ofmid M73S
ahb data. PoW �S the IJw&wat e=w of that oeta L0331 ears treat desadbed
TBBNCB: North7 7° 36' lS" 8aetal= sdwNw &liosofuWL0331m*Vwt,&oft&
be ofssld neddae ofsdd 126.735 somas sod gis South dgbLwr-wsy goo offs t Road
tbradtstaacaof9a0 r=hdioapointibrowNmgmma=wofwid 1.0331 soresmd
theN*tt WcA oomar and POW OFBBG1NN G ordis haul.
MENC& Oondnae Nottb ?7°36'1$" BM along tbs Nm& W of tbU trout. the North
Sao of odd taddw ofsdd 126.735 as m% 9*Not& be oredd OX ores am sad do
Soa dSbb4w4r Wee otHwtRosd lb r a dle mm on 129.72 halo s pout Rt dm
Nwthmat owner ohms itaot, tbs oasnas aresid 0.87 of a�} scos and the
NaeQmveet aorrwr oitbat oe::edn 2.S wide oes®ent aoavayad by t�tm J. ioreii aad
wlth. Ands Jtae3r. to HonaDon Lim and FaaarQomapagyr by Iastmmmt domed
Deoembera7,1977 and reooedod mtdw C=* CkW* File No. F43Z4T8 ofdw Deed
Roomds omads omiWO Texas.
TMWM* Sont6 lZ°i ?'?9" Fast along the 8aat>ine of this tract, the Past line otsaid
0.67 afen am end do weer line of said 25 Ba wW easmmat for a dideam orsuo
Aet to apoint fortho 8os ft" comwofthistractand theI oomerofs 026M
of ea saro treat dwodbod this data
PAM2- 1.2987 ACl & TRACT 3.
TWCB BoWh 77°36'18" W=t dwa ttm BsiA
: Mm of 6b be+w% owr and woes aW
0 87 ofaa sme and aloag dw Nm& be ofasid C2= ofaa Bate twat fbr a dietan of
1133A9 feat to ap hd fbeftegoufteammofft butts Soubadcomwafadd
10331 am% tboNoe wmd ooam orWd O2b02 of w aura and dto Nofte t ooeaa of
that canto 00066 ofas acre toot deamibed thta data
'rte: North O 26W Wet along tbo West lino ofd de Md =dew BW one of
said 1.00.31 Bane fbr a dlsum ofS4.12 feet to the PLAM OF H IO Bad
cog base bamiduto LW7 saes of lead o:56,570.4797 oeue fix* of
Ind..
StithVBYt)R'8 C�'IIiCAT6
1, 3 ft Rnmy. wed Pmf dm d Lead Smwyor No. 4379, do haatebY Bastin►
tinttke fbregotag field sates wee pied S+w mt ffiav= v�ay medo by mo ou
Deeambee 142010, basedw a ftddsmva =6 onthe v md,=dwmyanpmido4
b J* of 2010, aad dot aD line. bomdmW w d lmdmmb am acanrataly daudW
tlwreta.
WlP M my hssd aad seal at 8gyawz4 Taa4 this the ISP 6W ofDoocmbsr, A. D,
2010..
10 Psobolmd Lod SwigwNo.4379
Exhibit "D"
sTATBVFTZ�cA�
COMCIYOFRAFJM
RVNTROAD EA T TRAM)
026M CF ANACRE)
11,334.2196 SQUABSPBBn
PMD NOTES of a O.ZbOZ of amt m treat ~ abaated is the W. a Boma aamvey,
Abet m t363, Buds Cmo,, Texu atnd being ontof andapast of the none of t6at
cestai 1 called 125 WS Games Otte) ad O.87afanwe('hsot i
dded Many 51 19733 a •novas d uode CMWCled�a Fib o. D 33 oyfdo
DndRaonU of Hm b OmmW, Tom Tlde 0.2502 cfao am+a acaot cfland b mow
p goobdy dendbed by the Mwbg motes aadWmoda. tom
WM- SLUBM ARE LAST GRID BBARDM AND ALL COORDDIATE3
REM TO THE STATBPLANN t70ORDDIATB BYSTEK SO= t MgMAL
ZONE, NAD 83. ALL DISTANCES ARB ACMALMANW. SCALE FAMOR
m 0.99989949.
Q at a � iocb hose Gad � et tlm ia0emsceeba of t3ee Sarah tdg�f.of.�v�►
Ihm of Herat Road (60 lbatwldesiglc�ofra►ay) Gad the Past rlghf.af�+wras► lice of CEr0e
Road (d&bf-� wldth vstlq) at dw Nodhwwt oomw of dw naldae of add U035
amss sad the NotthwW oosnot of that ce Wa 1,0331 an No daamf bad @ds date -
TBENGB: Scufle OS°2692r Bast along flee Wont line of the residue ofsaid 126.735
acres, tho Wet gn ofaaid 1.0331 am mud the Baal d of -oftW iiae of said Oastb
Randibradlom*fS&12fWtoapointibrtbNm&wodeo of9woettda
0. 066 of as ace ttaat doodbed this date and Ste Sataint+nat canner ofsaid 1.0331 am
that.
TMICM Namth 77°36'18" Last dorg dmNw& iioe ofuU OZ065 of as sane and the
Sea& fte ofsaid t=l =a lbra dMomd9W *d to apodat fbrtlwoNardmit
oosttw of said 0.2066 of as =I% the mat oomsnr ofndld 1.0331 -Goes and tie
Sonfinut oosaar ofehat castdo 1.2987 am twat desodbed thin daft Said pofot bring
dwNw*weat comw=dpow OFBBLiQAm Qfdit tract.
T>B M- a Non& 77'36'IS" 8ea3 slongtho Norse lies oftida tuft and the
Soa&lino ofsald IJM sway avwud arrow dwnd&w oirmdd 126.793 awes wd
over sad aeroas said 0.87 dan sane, far a diafaaoe of 1133.09 tbea to apobd for flee
Naa I aat comer ofd& twat Gad the 8oudind vows ofsdd L2987 cares do dw F.str
UndaaN O.87ofaa acre and do Went guoftintcatdo 2s fheawldo emomm
oomreyed by J. Sm�alc amui wiib, Asmoio Jraek to Howtoa Ifglettng Geri Po9var
comer byruhmm =I dated Daambw27,19?7 Gad mm ded Hadar Couagr Claeic's
PRO No.F422478oftwDeedReoardsofHobOmmf ►.Taotas.
ok
PAOB 2 - -02602 WAN ACRE. MU=4r
MMNC1b Sang 1�°17'?,9" 8�t along the �t tim Qf tWa tca� Uzb Past 3i� otsaid
0. 87ofanau *and*oWcstfin*ofssid25hdwidee =mdfaraft meeof10.00
Rat m a poi fluor* Soatlmmd comerofdds toot.
7MWCM Soon 77°3615" West along &o South aim of tads but cover and am on old
0.87 ofsnams sariovarandatosaid 0.87efanmo and w wsndawosa Stsmidu*
of nid 126.735 morns, hr adifn*e of tl3L76 hetto ap*Iat fbrtbs Southwest oomerof
this um and the S=d mst oeroorotmtd 0.2066 ofsn sore ttL
TMKCM NalhNW2r Wed dog the Wed Noof tletmotkd OnE tUmof
said0.2066etasacreb uet ftadbdaeaec lOM kddo gwPLACB OF BBCi1 04M
and conWakS wiGk dmbo=&Aes o.2602 of an *ono afbmd or 11,354.2176 sgoaro
hd othmd.
SMV'BYOR'S C.SitIMCA18
J. Jugme Ramasy. Registered PWbsd ml Land Suei*wNm 43'^do bareby oe�►
that the tbi+aBohtg field notes wars pmpssW Slims an oMc smvw mad* byme on
D= mtwl;.2010.bsmdmialleldswvgnmft= mdwnw=pmvbIon.
In J* of 2010, and that all IhM4 bo®deft sod at+e scoorete�y deaadbad
lbud .
Wnli= mylmd and seal st Ba ytoan. Tam 96 &o 156 *W of w@mbw, A. D,
2010.
Pso� lGmtl Lamd Surveyor Na 4379
aim m-doo
10.37
� w-
E ?iTOfBIT E TO
LETTER OF IN'T'ENT AND AGREEMENT IN PRINCIPLE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
RIGHT -OF -WAY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR GARTH- ARCHER, CHARLES H. GRUBS, LTD., owner of the property
described hereinbelow, for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sAclency 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
trW of real property located in Harris County, Tacos, 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, (S) 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 restrictions merely because the Property is
maintained in its current undeveloped eandition (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, or GRANTOR'S successors or assigns, therefor. GRANTOR's reversion right shall
Right.ef.Wry Deed, Page 1 1"M3
Fina r 0~1
014F,
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.
As used hereiaabove In Paragraph 2, "improvements to the property" shall mean construction on
the property descn' bed In Exhibit "A" of not less than two new lanes of asphalt or concrete roadway to
extend Hunt Road to connect with North Main Sheet.
As toed herein, "S3RA - NTOR'S Retained Land" means the portion of that certain 126.735 acre
tract in Harris County, Texas, conveyed to GRANTOR by deed dated February IS, 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 dehry 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.
Eueptions 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. GRANTEE shall pay any roil -back tam
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 hind 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.
lawfally 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. GRUBE, LTD., a
Texas Limited Partnership
By
CHARLES H. GRUBS, General Partner
1160323
GIM11
f
r
AGREED AND ACIZT PM DGED:
GRANTEE:
CITY OF BAYTOWN
By:
Name -
TiAe:
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 A. GRUBS, LTD., a Texas
Limited Partnership, the owner of the property descn'bed 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 insuument, 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 . 2011.
Notary Public in and for the State of Texas
My commission expires:
Right- of -Way Deed_ Page 3
Ph= 1
1368323
OWN i
u 0
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on ' 2011, by
_ . the of the City of Baytown, a municipal
corporation, on behalf of said City.
Notary Public, State of Texas
Get jUOR'S ADDRESS:
GARTH- ARCHER, CHARLES IL GRUBS, LTD.
1200 Smith Street, Suite 1060
Houston, Texas 77002
RETURN TO GRANTEE:
CITY OF BAYTOWN
Attn: City Cleric
P.O. Box 424
Baytown, Texas 77522
MMon E Doeb Page 4
Ph=i
166di23
at=I
r&�"
BXHIBIT W TO RXGHT -OP -WAY DEED
FROM DARTS- ARCHER, CHARLES H. GRUBB, LTD.
TO T$B CITY OF AA711'09PN
8T TROFTBXM
col" OP HATOM
ADDITIONALAMNAGETO
idM ROAD PJM- ORWAY)
1.+0331 ACM
44,939= SQUABS M=
FOLD NO= of a 1.0331 mre treat of lard dimmed bt tho W. Q BoeaeU $Wioy,
Abatnat l;ffW Hems Cc=lys Tom sadbebtg oat of and a past of 9 e reddae ofdo
ceahI ciRod 126`735 sores ('lhaat Cno) o=- cu d by Ploreaoe Ood9hw et sL to tlu&
An*%C ftH. OberLW, byDeedd "Pobsy15.1973Budwoordodantler
C=WCbWs PEeNa DSO6833 ofgwM dituwh of8sals COMWo Text. TGs
1=1 sotsaat oftnd bmane ►deacdbedbytbs mawb*motessad
NOTBs DURR GS ARE LAMBERT OW DURDWS AND ALL CWFMDIATBS
REFS 70 TUB STATE PLANE 000lDIIdATB SYSTEM. MUTE CMURAL
ZOfNB, NAD 83. ALL D18TANM AIM ACMALDWANCBS, SCALB FACTOR
0199489949.
BRIG ata lei lwh hest rod h=dat Orobb=Wmoftbo Bou& d*bcf+wayy Hw
ofAmtRaad (60 6d wlde dgbt-ot+woodtoo Beetd y, lbwof0u&Road
WWoFwmywM v&&* st the NaadwW ooamesof Poe reddaoo ofodd 124.73= Berea.
Sdd palotbdog the NohhwoU omw=d PCW CB MDMG of dds ua
1118NC8: No& 77°36'1S' B of dMOo Nodb lies of dds Uu% &oN=& lino of odd
n ditofWd 126.733 sores=ddb 8=%djft fdk s 9wofMwRc dib:adWw=
af9KW help a point &r d oNorthas<oomsr ofdde treat end &e Nodhwmt omw of
toot artdn 12987 mro trau deac& d d da ddL
MOM= Boatti W26'2r Boat dM t6o Bss ba of d6 treat sad die Weal Ilse of
add 1.2987 Bata hr a db moe of 50112 Scotto sgoiat ft tho Boudmd w= ofdds
Ott eSoothaestoamwofLadd 1. 987 Bata,OwNa hwadsame`offtcerida
02602 ofso one tnaat deoalbed Budd* om wof that p 110.2O6b *fan
Bars twat de®alW d ds data
Tl WM- 8=6 770WIr Wet sioug dw So & Nn of db tract sad tiro Notdb In of
osid 0.2066 of as sae � adbRssoe ot900A0 let to a point is tim Eras ri�of�arsy lino
of6u& Road and the West lbm ofthe mUn ofsdd 126.735 scree tbres Boathwmt
comwoftdlstmatsad tiesNadeweat coamratadda.ZC66 ofao umtoot.
0&1**'
PAOB2- 1.0331 ACRES
IMNM Nodlh O3'Zb'2 - West abe* Qo Wo:t 0ao ofdds teems *o W@d Um aft*
re�idsa ofsdd t?�735 aa� emd 8� fleet dgb�vrebr ffise of aee� ll� �g d
orsQ.0 �a � eie eL�►CS o� a�rn�o.e� areas
1.0331sam anodot41pS1.97.42sgwmfbddI L
L JaBeoe&—ey, motored P ft dmdL=d Swv4yot X& 4379. do lomby as*
the "�#ng Ssld aster trace adlba eu�ey meds byme os
Dean r 14,?A1O; bawd oosMamgmrdeas> a smuad. *ft =puvbtc4
is Juy►of�1Q ead tbet e11 Wea, aed ieedmob sco soy described
tltec+sin.
Wtri=B mybod ud ad etBWoAVe>, ltio m dds dm l$* &y ofDom. A.11,
2010;
J Ray
+ed Peel Lined SwvoWW 4379
lO 3749.4eQb tvw.tdordoo
EXHIBIT F TO
LETTER OF INTENT AND AGREEMENT IN PRINCIPLE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
STATE OF TEXAS
KNOW ALL UM 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 NOf100 DOLLARS (510.00)
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, STILL, 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 Exhh which is
attached hereto and incorporated herein for all intents and purposes (the " $MMM').
Provided, however, if GRANTEE has not made any improvements to the property described in
ExMbit A within three (3) years from the daft of this easement, the GRANTEE shall take such action
necessary to confirm the abandonment of the easement granted herein within thirty (30) days after the
GRANTEE'S receipt of a written request from GRANTOR, or its successors or assigns, 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, lnspectft g& repairing and maintaining road, road drainage,
utilities and other municipal purposes unto GRANTEE, Its successors and assigns forever.
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
assign% against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through, or under GRANTOR but not otherwise.
EXECUTED this the day of .2011.
GRANTOR:
GARTH- ARCHER, CHARLES R. GRUBS, LTD., a
Texas Limited Partnership'
By:
CHARLES H. GRUBS, General Partner
Emma PW r
Ph=1
teresss
orron t
rA17
WY • ' BAYTOW.0
By-
Name:
Title:
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. GRUBE, 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 02011.
Notary Public in mild for the State of Texas
My commission expires•
Falwa Pt e 2
thM r
ieaes%
01=1
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was admowledged before me on . 2011, 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. GRUBS- LTD.
1200 Smith Street, Suite 1060
Houston, Texas 77002
TURN TO GRANTER:
CITY OF BAYTOWN
Attn: City Clerk
P.O. Box 424
Baytown, Texas 77522
mat Peas 7
Plan I
law%
0Mt
Poll""
EXHIBIT "A" TO BASBMRMT
FROM GARTH- ARCHER, CHARLES H. GRUBB, LTD.
TO THE CITY OF BAYTOWN
STATE OF TWS)
COUNTY OF HARRIS)
02066 OF AN ACRE)
8999.9850 SQUARE FEET)
PM D NOTES of a 02066 of en acre tract of land sltuated in the W. G. Boswell Sway.
Abstract 1562, Harris County. Texas and being out of and a part ofthe residue ofthat
certain called 126.735 acres (pact One) conveyed by Florence God ft, at al, to Gacth-
Amber, Clerics H. Grube, Ltd., by Deed dated Febrwuy 151 1973 and recorded under
County Clerk's File No. D806833 of the Deed Records of trends Coun% Texas. TMs
02066 of an acre tract of land is more pa dedady described by the following metes and
bounds, to -wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDDIATES
RMWt TO THE STATE PLANE COORDWATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCATS FACTOR
099989949.
COb IMENCING at a % inch iron and found at the intersection of the South rightrof •way
Una of Hunt Road (60 feet wide d& ofwsy) sad the But dgbt-of -gray line of Garth
Road (d*-of -way width varies) at the Northwest corner of the residue of odd 174735
acres and the Northwest comer of that oettain 1.0331 atue tract described this date.
THENCE: South 08°76122" East along the West line of the residue of said 126.735
acres, the West lino ofaaid 1.0331 acres and the Best dgbt 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 POW OF BRODWIN G of this tract.
THENCE: North 77036115" East along tie Notch line of this tract and the South lino 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 acid 1.0331 sores, the Southwest corner of that certain,
12987 acre tract described this data and rite Northwest comer of that oestain 02602 of an
acre tract described this date.
THENCE: South 08°26'22" East along rho East line of this tract and tho West line of
said 02602 of an acre for a distance of 10.02 A* to a point for the Southeast cones of
this tract and the Southwest comer of add 02602 of an acre tract.
7MWCE: South 77036' 1S' West along the South line of this tract far a distance of
900.00 fbet to a point In the Bast fight -ofway line of Garth Road and the West line of the
residue of said 126.735 scree ibr the Southwest comer of this tract.
PA032-0 2Q66 OF AN A+CRB
7i1BNCB: X=& 04WW Westaaaa3 9m Weet lbm offt tract, die West ROOM
9a
ree asofuM 1203S wood dwzW gd-O 2wof0m&Rcadfbra9hftve
of 10.02 hd to 9so PLACB CF emd mmbdad»gvddda dme bow daft
0.2066 ofeat sore ofimd aor 8499�SS0 egoero abet ofaeod..
• fR�V8YG1Z'$ C�iCAT6
b Jnl o Rameoy. Ragbta+edPio6aesWW Lmd B=vgwNo. 4379. da hereby oa*
omtd o lb, -Sm bg fieldcola woopmpm+edflommoffm mveymob by me=
Dooember 14.2010. beaod m a Bead emaeymede eo 9te pa 4 madarmy =PwAdoa.
fo7al * 2010. sad SdoU Imbmdmftudbn&nmft mu=Wdy do [led
Ufa.
WMMS myboad and =d at BgWvm Tmm% d fs dw 150 day of Dmcembw, A.D..
2010..
Raov"�
Regisoered Pmoal Lead Smv�yorNa 4379
10-3749.GmbdMmct=vhW m No doo
�_� e 1► � ►L ►M ► �.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
RIGHT -OF -WAY DEED
THE STATE OF TEXAS §
§ KNOW ALL NIEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR GARTH- ARCHER, CHARLES H. GRUBS, LTD., owner of the property
described hereinbelow, for and In consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and suMelency of which arc 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, sidewalla, storm sewers,
bus stops, and other municipal facilities, (2) street lighting and non-commercial street signage, (3)
traiRc control devices (such as signal lights and traflic 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
aboveground 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 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
ten (10) 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 ORANTEE's receipt of a written request from
GRANTOR, or GRANTOR'S successors or assigns, therefor. GRANTOR's reversion right shell
Right- of -W_svQ W Page 1 1e6e343
:'hale 2 oumn 1
TQ a,
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
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 decd dated February 15, 1973, recorded under
Harris County Cleric'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:
1. This conveyance is made and accepted subject to all mallets of record In Harris County, Texas, to
the extent such matters arc 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 Properly Tax Code.
TO HAVE AND TO HOLD the above4escribed 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,
lawtWly claiming or to claim the same or any pare 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 A. GRUBE, LTD., a
Texas Limited Partnership
By:
CHARLES H. GRUBE, General Partner
Riahkgf -Wm Derd. Page 2
Pte Z
ISU343
Or/awl t
0*"
,AGREED AND ACKNOVVXEDGM,
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 Grube, the General Partner or GARTH- ARCHER, CHARLES H. GRUBE, 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 scat of office this _, day of .2011.
Notary Public in and for the State of Texas
My commission expires•
Bg t-of -W need. Pap 3
Ph= 2
180343
orlon t
/I � FAf
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on . 2011. by
the corporation, on behalf of said City. of the City of Baytown. a municipal
Notary Public. State of Texas
GRANTOR'S ADDRFM:
GARTS- ARCHER, CHARLES H. GRUBS, LTD.
1200 Smith Street, Suite 1060
Houston, Texas 77002
RETURN TO GRANTEM
CITY OF BAYTOWN
Attn: City Clerk
P.O. Box 424
Baytown, Texas 77522
Right-of-Way Deed, Page 4 1861343
lhM2 OUMt
EXHIBIT "A" TO RIGHT -Oa -SPAY DSSD
FROM DARTS- ARCHER, CHARLES H. GRUBS, LTD.
TO THE CITY OF BAYTOWN
$TATS OF?87tA8) -
COMM OF
ADDUMNAL �A TO
H ROM RlMwM -WAT)
11989 ACS
SOMOA797 SQVAMPM
F18LD NO= ota 1.2987 ago treat attend dmtod In the W. Q VowA SwirA
Abdma IM Hands Coady, Tam o0ftouctodarnefee t+ea14 ofdbat
oeMn called 126.735 am= (TtW O=) and tlmt cettdn WM 0.W ofaa a= MM Z)
o w%vdbyPlm=w Qo fts et a1, to Om&A=IM III. Onto, Ltd, byDeed
dated Pdwoary 15.1973 and revorded mdor C=dy Cedcls Pb Wo. Da06833 of 9m
Deed Records ofR=b Cow T+eo & ?his 1. M sore tract ettand de mote
pasttaiits:ly described by the fiDo wbg roam ud Wavit:
NCYM* BEARINGS ARE LAt OMM ORM BRARWO AND ALL COORDWATSS
ROM707HB8TATSP LANSCOORDtNA38SYSTM SOUTH CENTRAL
Z+ONB,MD 83. AIL DISTANMS ARE ACT= D18TANCB8. SCALBFACTOR
093989949.
C10EN0 at a �Ni tacit it>� nod drimd at the � of tha Santh tlgbmotrarelr
liceoMMRoad (40 hot aidar&.a6wsh anddmZMtigtMftal VwofCUth
Road aigl"f wq wddt6 vsdse) at thoNavBmeat cmw attho snddn ofsetd 126.735
poWbolosdoNoftweam moldhstostaht 1.0931 amouddammed
TMC8: Not& 77°36'1S"Bo dm gd*Nat&Mw ofaM 1.0331 cram wA ft)imth
be of said tesido ofsatd 126.735 =w; snd tiros 8ovt dglatroPM ties of Unt Road
fora distsaoo otg00A0 fbet to s pcdd hrisNm&W etsdd 1:0931 acres acrd
theNodhn as ai dPOWOF88aDMOofddst =L
IMC8: Cad n= Nodb 77°36'13" Hatt atoitg rho Naob floc of db ta-aot, the North
Hoe ofa Unddaaofm dd 126.735 mc4g oNoAlf=ofnM 0.87 atan em od rite
South tigbtrof.wq tine of Htmt Road ibr s dtdt of 1129.72 fhd to s point fig do
Norg oo corer of0a ttaek the Naetla o ooaaer afsdd 0.87 of as acm and Eta
Notes ootaerotthat ottteht 25 tact wido eesamd coevayed by Chaft L Jkw* sod
widh. Amde lumk to Haastoa LlgtitdMg wed Pftw CowM byftMmaeot domed
Dooernbes 27, IM and r000tded =drr CM lWV Cleat's Fite No. F422478 ofthe Dood
Records oMuds Con % U ms.
ME MM- Sarah 12 17'29" Pest olws the Baal Sims of this U=k fire Bast ttae ofmdd
0.87 of= mo and tits Wort Sae afaa[d 25 hd vfb hr a ddd mm ot50A0
fod to a point hr the Southeast oomar of dda tract sad dwWor&=# == of s 02M
of en wa tract desedbed d 6 data
OiK
PAM2- 1.2987 ACRES
7888 Bs Sou& 77'3s W Watt alaog dm ooe& Boo of dds unk am sad aw a said
OAlofmmemddbmgdwNo:&UndsddO'2MdnamftdtxadMmmaf
ILIM haft ap*W lbr do Bouftmommot9doteM Mo 8ont&aat aomw afadd
1 1 sores, da Naadn"st aoaaer of add 02 of n sore sad dm Nam aommr of
t'bd ceetain O.i066 ofaa scre temat daaalbed ti�1a data.
7WWM- NO& 0a°Z61W wad doss dw Watt gw of this gaol and do $sat Sae of
ao�1. 033Ymuforamsof30.1afi*tod*PLACBOF Qaad
aitwa lose bomtdada 1.987 sores of latGf or S6,S70.0r197 squaro ttiet oP
mod»
SL>1ZYBY+QR'S Cos o l CAT6
It Ulm Rm=oY. Re&tmvd PtofbuWd Lod lioc"M No. 4379, do humby mr*
da fr 9ft Wd hs ra s f g as offie =n*y rads bymo on
14, 7010, band as a 8� ndo
as dts Sm=d. under= sopw dm,
k 4* aMla and lbd aD linen, bo aid lmdmub are sod► demxroed
WMAW my bmd and sad at Be7towa, Teo m Ws da 156 day d Deoembwi A. D.,
2010.
�Y
ligglteered Prof Bond Land SUVOWN0. 4379
lOtii749.
Pill,""
EXHIBIT H TO
LET_T_ER OF INTENT AND AGREEMENT IN PRINCIPLE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEMT IN
REAL PROPERTY 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 Mlblt which Is
attached hereto and incorporated heroin for all intents and purposes (the "ProNa
Provided, however, if GRANTEE has not made any improvements to the property described In
Exhibit A within ten (10) years from the date of this easement, the GRANTEE shall tabe such action
necessary to confirm the abandonment of the easement granted herein within thirty (30) days after the
GRANTEE'S receipt of a written request from GRANTOR, or its successors or assigns, 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.
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 lawf Ully claiming or to claim the same or any part thereof, by,
through, or under GRANTOR but not otherwise.
EXECUTED this the day of .2011.
GRANTOR:
GARTH- ARCHER, CHARLES H. GRUBS, LTD., a
Texas Limited Partnership
By:
CHARLES H. GRUBE, General Partner
FAMmmt, Paso I
PhW 2
1966601
01/90111
Is
AM= AND ACHNOPILEDGED•
GRANTEE:
CITY OF BAYTOWN
By:
Name:
Title:
STA'L'E OF TEXAS
COUNTY OF HARRIS §
Before me, . the undersigned notary public, on this day personally appeared
Charles Grnbe, the General Partner of GARTH- ARCHER, CHARLES H. GRUBE, LTD., a
Taxes 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.
(liven under my hand and seal of office this _ day of 2011.
Notary Public in and for the State of Tom
My commission expires:
EmUmL Pap 2
th= 2
to MI
otfmn t
641,
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acbwwledpd before me on . 2011. by
. the of the City of Baytownp 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, Suite 1060
Houston, Texas 77M
RR-TURN TO GRANTER:
CITY OF BAYTOWN
Attn: City Clerk
P.O. Box 424
Baytown, Texas 77522
Fmmmat. Pogo i
Photo 2
INMI
oirmn 1
Off
MM'r IT °A" TO RUmmNT
FROM GARTH- ARCHER, CHARLES H. (;RVBB, LTD.
TO ME CITY OF SAYTOWn
STAT8(FTMMM
COUNTY OFRAMS)
02MOFANACM
11,99M768QuABNFBBE)
FMW NOTO aft OMM of aA ears twot of Isad dbumd In dw W. Q Boewo8 Saw+ey.
AbdmK = Ras bComy.Tanandbftodefudap d oftendft o [slot
as edn *AM 126.735 aoras (ftd One) and that emttaln cWM 0.87 atan m o fr=42)
oonv d Pebmy � IM wd eoosdAe =ftCo�mq►Ct�d� d M DNa MM otdo
DeodRe=ds otl3eads CmwW, 7Wm& ills Q7= of as m* tract of land Is mm
per desedbed by the Wowbagmatm and ba mds. toA t:
NM* B®ARDM ARB LAMB= OW BBARRM AND ALL CO=DIAT88
RSMIDIMSTATSPLANB000RDII�1A ?B$YSTSQ0. SOLIIHCBNTRAL
ZOM pNAAD IL ALL D18TANC88 ARB ACMALDISTANCB$. SCAi13 FAC rOR
O Q.
COS ICING at a %fuh fma tad IM at90wonordw Southdsl*of -sv
Tins adSnnt Road (� dset wide �4�1 cad the Best !1$11L•Od�Yaj/ Sao oiGlaAb
Rand ftbMP nay vditvsrlea) at gio Nudmro omw of the m dduo otadd t2035
soma and die Nasthwest omw of tbatae Ub IM31 am OW desorlbed d& date..
THENC& 8oub 08°36'2x' Bast at=& the Wed lime otdto eeWn ofa dd 12LM
=ON the Waal lino of acid 1A331 aarea aad gw Belt d*"f -VW lies of=M Go&
Reed hra dhtmoe 450.12 hallo a polat fa g* Nmdrwaat oomw otdo 0 I I
OZO of as acne [seat da='bed this date oad gee O=*m t of sold 1.0331 acme
teem[.
THWMO NW& 77°16' W Bast ubg do No& No ofodd 0.2066 of= we and the
Sane Oneofasld 1.00.11 none iaradtdmmaf900uW he to apoint lbrdoeNa dmm
oamsr of said 02066 of r ao:4 Poe SmW watownae of said 1.0331 aoros need Ere
Sooduad omnsr of dmt cerYda 12987 ease bWdo wVnd gds date. acid point b ft
dwX oamerandPODITOFBBOII►IItl nofdhtams. .
7EMM Coatb m Xw& 77°3 Ir Bast ab* tbo Na & lino of dd s leant amd d o
South llne afsald 12987 swea, ovecand smw 9t* i daa of ssld 126.735 m w and
omaeed aexaas aaM 0.87 otm ank hr a dMoe of 113349 ha to a paint for the
No�eeast co:aar ottbis [seat and the Sombsastoamsrotaald 1.297 acrms fn the Bast
lfne otaald 0.87 of an dace and the West lim ottbst oeemio 25 that wlde oasenmmet
oaaveyeA by s J. Jmdc and � Aemle iwa1� to iiowbon Iighdas sad Povvar
CoupwbybdnmmddatedD oomnber27.1977 and mooedW vmawCoamay CIWB
FBo Na. F422478 olydw Deed Reowds dHmb Oa=r. Taut
PA0B2 --02M OFANACR$
mmcm Someae 1`17'79" Bast done tle Bast i�e ctoo me4 va 8sat aw of eald
0.87 ofaa am =dtlw Wat Bn0 of said 2S ibd Wde ammaaat fbr a dM= of 1QQ0
hat to apddat tbrfles Sonaadaoaaocofdds oc
7MC M Sou& 77°3! Ir Wed alwv 9ro lice ofGb hoot, avast aad sass$ sdd
0.87 of ad=o ood am sad eomss aald 0.87 of amo and ovw amd soe+oss dw roddas
ofaaM126`73$aosss,forad ofI13S.76 toagoiiathrt6sSou9eweatoomarof
gdstractamdthe Soo9mKcm wafseddQwWw faom otwat.
TFIDNCB: Nu&OSWWWataftSeWaignofddsaWtzdgwBWH=af
add 0.2066ofm am hsoifbr add dlaw fid bmdwPLACE OF BBGNNWQ
and addadog wdflda d mo bow 0 sa+s of laod a: i 1�34►Z176 $gases
tbdofknL
SUiZVBTUMS 18
1, JWlaae Ramsay, aoglsbas+ed Pro bmd Land Nos 4379, do bomby codify
due dw Lbn+egoing Sold udo woes pe�cpaead om office amraeymade by ms on
Dmiabw 14,2010t based an a Sold survey oen 9eo ground, =dar my mpwvbdcad,
In J* of 2010, and got A ice, boasdWo sad are oomody Beam bed
tiwdL I
WUNM mybaad sod seal atBgtown, T=wN dbo i$m day �A. D:,
201Q
• i
RUMY
Prates =d Lwd SmvewNo.43791
10,3749 i
50.12'
a
10.2'
EXHIBIT " I"
IMIM OF mm AHD
ACREMMT IH PRINCIPLE
Hunt Road
400.00'
1129.72'
'fact 1- Exh. A
'fact 3 - Exh. C
1.0331 AC
MAX L2987 AC
900.00'
113309'
Tract 2 - Exh. B
Mmct 4 - Exh. D
10.2'
66
.20 AC
.2652AC
900.00'
�-- Phase X
A
N
Not to Scale
113309'
Phase 2 --►
50.00'
10-00,
CHG 01/24/11