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MDD Resolution No. 30-LetterAgreementsDedicationBakerRdExtensionProj. RESOLUTION NO.30 •A RESOLUTION OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT,AUTHORIZING LETTER AGREEMENTS WITH THE PROPERTY OWNERS FOR THE DEDICATION OF PROPERTY FOR THE BAKER ROAD EXTENSION PROJECT,EXTENDING BAKER ROAD FROM NORTH MAIN TO CROSBY CEDAR BAYOU ROAD;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT: Section 1:That the Board of Directors of the Baytown Municipal Development District hereby authorizes letter agreements(the"Agreements")with the property owners for the dedication of property for the Baker Road Extension Project,extending Baker Road from North Main Street to Crosby Cedar Bayou Road.Such Agreements are attached hereto as Exhibits "A,""B,""C"and"D"and incorporated herein for all intents and purposes. Section 2:This resolution shall take effect from and after its passage by the Board of Directors of the Baytown Municipal Development District. INTRODUCED,READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Municipal Development District this the 7ffi day of November,2002. C. PETE C.ALFARO,resident ATTEST: G:.Y At SMITH,Assistant Secretary APPROVED AS TO FORM: eTeNACIO RAMIRE.,General Counsel •F:Ueanene\My Documents\Council\MDDWuthorizeLetterAgreements4BakerRoadExtension.doc Cityf BaYtown o BAYMWN June 13,2002 North Main Properties c/o Dr.R.J.Thomson 4810 St.Andrews Drive Baytown,TX 77521 Re:Baker Road Extension from North Main to Crosby Cedar Bayou Road Dear Dr.Thomson: This Letter Agreement("Agreemenel evidences the terms and conditions under which North Main Properties ("NMP'l will dedicate to City of Baytown(the"City")fee simple title to a portion of the property described as follows: TR 17(016-M 2 MAP B)(51*TR C28)ABSTRACT 709 J W SINGLETON,HARRIS COUNTY,TEXAS, AND TR 12(016*TR 19 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS. Such portion being that which is depicted in Exhibit"A,"which is attached hereto and incorporated herein for all intents and purposes(the'Property'). 1.NMP's Obligations 1.01 NMP shall dedicate to the City fee simple title to the Property and will warrant that such title shall be good and indefeasible subject only to those title exceptions approved by the City in writing.Such dedication shall be in a form approved by the City Attorney. 1.02 NMP has deposited TWENTY-FIVE THOUSAND AND N0/100 DOLLARS($25,000)with the City for the City to obtain a survey of the Property as well as portions of the properties located at 4808 Barkaloo Road and 4407 Cedar Bayou Lynchburg,Baytown,Harris County,Texas,for the Baker Road Extension Project, which additional properties are described as follows: TR I IA(016*TR 25 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS AND TR 113(016*TR 7B)ABST 591 D MCFADDEN,HARRIS COUNTY TEXAS. Should the cost of the survey exceed FIFTY THOUSAND AND N0/100 DOLLARS($50,000.00),NUT shall pay for all amounts in excess of FIFTY THOUSAND AND NO/00 DOLLARS($50,000.00).Such amount shall be paid to the City within thirty(30)days after a receipt of an invoice therefor from the City. 1.03 NMP shall make the dedication specified in section 1.01 and deliver possession of the Property within sixty (60)days of receipt of a copy of the survey of the Property,or at such other time as may be mutually agreed upon in writing by the parties. 2.Baytown Municipal Development District's and the City's Obligations 2.01 The City will obtain a survey of the Property as well as portions of the properties located at 4808 Barkaloo Road and 4407 Cedar Bayou Lynchburg,Baytown,Harris County,Texas,for the Baker Road Extension Project,which additional properties are described as follows: TR I IA(016*TR 25 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS AND TR 113(016*TR 7B)ABST 591 D MCFADDEN,HARRIS COUNTY TEXAS. •2.02 The Baytown Municipal Development District(the'BMDD")shall pay one-half of the costs to survey the Property or TWENTY-FIVE THOUSAND AND N0/100 DOLLARS($25,000.00),whichever is less. 2401Market Street P.O.Box 424 Baytown,Texas 77522-0424(281)422-8281 Fax{281)420-6586 baytown@baytown.org EXHIBIT A North Main Properties June 13,2002 Page 2 of 2 •2.03 The BMDD and/or the City shall endeavor to commence construction of the extension of Baker Road between North Main to Crosby Cedar Bayou Road within three(3)to ten(10)years after the vesting of the title to the Property in the City. 2.04 Should construction fail to commence within the time period specified in section 2.03,the Property shall revert to NUT upon request.This reversion shall be accomplished through a separate written instrument executed by the City within ten(10)days of the City's receipt of NMP's written request therefor. 3.General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 NMP,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to fiunish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please have this letter agreement executed by the appropriate officer and return the same to my attention at the above-referenced address.Should you have any questions or if 1 may be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter. Sincerel, Monte Mercer City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: North Main Properties(p/3 O"_ (Signature)(Date) '�������•��8'w1 s oN m (Printed Name) (Title) ATTEST: (Signature)(Date) (Printed Name) •(Title) F:VCarcnTiles\City Manageru.ettersWMPLctterRevised.doc August 28,2002 Page 2 t •3.General Conditions 3,01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owners,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please have this letter agreement executed by the appropriate officer and return the same to my attention at the above-referenced address.Should you have any questions or if I may be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter. Sincerely, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: OWNERS bz��,W,d�11 George W.andler(Date) Robert A.Meister(Date) Judy D.Meister(Date) Robert Andrew Meister(Date) Kimberly A-Stanley(Date) Dorothy Berry(Date) STATE OF TEXAS§ COUNTY OF HARRIS§{-� Before me,Te��t R-S G(,h I,the undersigned notary public,on this day personally appeared George W.Chandler,in his capacity as owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. •SUBSCRIBED AND SWORN before me this 1 1c0Aay of'1 20 lti O,PFYPvm®'TERRI R.STAHL NOTARY PUSUC,STATE OF No blircWin and for the State of Texas 11�TEXAS lllllll N�MY COMMISSION EXPIRES 1�''e005+FEB.17,2004 EXHIBIT B 1-o 00 CIO LAJ ca �Y F A06-IZ-ZMRON)HAi CITY 0T BAYTOU(FAK)ti814ZWH P,0H/M August 12,2002 Pugs 2 •3.General Conditions 3.01 There shall be no brokers fees associated with this ttnnsaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owners,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terns and eondldons be acceptable to you,please have this letter a6premcnl executed by the appropriate officer and return the same to my attention at the ubovc-referenced address.Should you have any questions or if I envy be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter, Sincerely, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: OWNERS George W.Chandler(Date) Robert A.Meister(Da O udy D.ester(ll) Robert Andrew Meister(bate) Kimberly A.Stanley(Date) STATE OF TEXAS Dorothy Berry(Date) COUNTY OF HARRIS§ Before me,Cv'{'}--�'-y��,the undersigned notary public,on this day personally appeared W.Chandler,in his aupacity asowner of the Property,lmown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considcratian therein expressed. SUBSCRIBED AND SWORN before me this IL day of✓2002. lie in and for a State of'rc= •SCOTT E.LARSON MY COMMISSION EXPIRES ����j JANUARY 28,2006 EMU 1? W.a AUG-12-2002(M)HAI CITY OT HYTOBN(FAX)2814206586 P.0041005 August 12,2002 •Puge 3 STATE OF TEXAS§ § COUNTY OF HARRIS§ Before mc,�the undersigned notary public,on this cloy peryanally appeared Rnbert A.Meister,i his capacity as o cr of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed tie same fo the p oses d consideration therein expr"scd. SUBSCR BED AND SWORN before me this day of,2002. 1 �'•�"''`,SCOTT E.CARBON {'MY COMMISSION EXPIRES Notary Public in an or the State of Texas STATE OF TEXAS a�/JANUARY 28,2006 COUNTY OF HARRIS Before me,"J�/r;/r�'\��the undersigned notary public,on this day personally appeared Judy D.Meister,in her caps©as owner o Property,known to me to be the person whose note is subscribed to the foregoing instrument"d acknowledged to me that she executed the same for the purposes and cnnsidoration therein expressed. SUI3SCRWED AND SWORN before me this/)day of Z•2002. SCOTT E.LARSON 1 MY COMMISSION EXPIRES otary Public in a r the State of Texas STATE Olt TEXAS JANUARY 28,2006 § COUNTY OF HARRIS§ Before me,.the undersigned notary public,on this day personally appeared Robert Andrew Meister,in his capacity as owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that be executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of.2002. Notary Public in and for the Statc ofTexus STATE OF TEXAS p COUNTY OF HARRIS§ § Beforc me,the undersigned notary public,on this day personally appeared Kimberly A.Stanley,in her capacity as owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN bcforo me this day of 12002. Notary Public in and for the State of Texas �c�-ic-JUucOfffli u9.4�1"III Ulf bATIVWN thkl)I�tII AbP,UU3lUU� August 12,2002 Page 2 •3.General Conditions 3.01 There stall be no broker's fees associated with this transaction. 3.02 This Agrcem--ni sisal!be binding upon the legal representatives or successors of the panties. 3.03 The Owners,the City and die BMDD agrtsa to execute adl documents necessary to consummate the clnsing of this srlc and to 1'urnigh evide=of their authority and capacity, Should the above-refercticxd tarns and conditions be acceptable to you,please have this letter agrcemcnt executed by the appropriate officer and return tic same to my attention at the above-referenced address.Should you have any questions or irI may be of any assistance,please do not heshate to contact me.Thank you for your assistance in this ratter. Sincerely, Gary Jackson City Manager of the City of Baytown District Member of tbr.Baytcwn Municipal Development District AGREED: OWNERS George W.Chandler(Date) Robert A.Meister(Date) Judy D.Meister(Date) Robert Andrew Meister(Date) Kimberly A.Stanley(Date) Dorothy Bury(Date) S'1'A'1'L•Oil TEXAS§ COUNTY OF HARRIS§ Before me,,the undershpted notary public,on this day personally appeared George W.Chmdjer,In his capacity as owner or the Property,Imawn to mo to be the person whose name is subscribed to the foregoing instrument and acknowledged to the that he executed the satne for the ptapogea and consideration therein expressed. SUBSCRMED AND SWORtN before the this clay of 2002, •Notary Public in and for site State of l`wm M10$ AUH--XR MUN)W44 UT1 tvf WITUIN���)��l�LU0�b0rM1UP August 12,2002 pugc 3 STATE OF TEXAS§ COUNTY OF HARRIS 4 Before me,,the undersigned notary public,on this day pmonally uppeared Rnbert A.Moister,in his capacity as owner of the Property,known to me to be the person whose nsttne Is subscribed to tits foregoing instrument and acknowledged to me that he executed the sans for the purposes and consideration therein expressecL SUBSCRMED AND SWORN before the this day of 12002. Notary Public In and for die State of Texas STATE OF TEXAS§ COUNTY OF HARRIS§ Before me,__,the Undersigned notary public,on thin day personally appeared Judy D.Meister,in her capacity as owner of the Property,known to ms to be the person whose same is subscribed to the foregoing Instrument and acknowledged to me that she executed tdie santo for the purposes and considaration therein oxprasacd. SUBSCRWED AND SWORN before mo this day of 2002_ Notary Public in and for the State of Texas STATE 01;TEXAS COUNTY OF�Before ine,o th.t'1Y1'15 i3eo,die undersigned notary public,on this day personally appeared Robert Andrew Meister,in his capacity a3 owner of the Property,known to me to be the person whose numc is subscribed to the foregoing instsurnent and acknowledged to me that he executed die same for the purposes and consideration therein expreneed. SUBSCRIDED AND SWORN before me this 19"Lday of)t b6e-,2002. .tZAY Pvs^c) �°CATHERINE E.BECKER Nolmy Public in=d for the State ofT=m STATE E OF'TEXAS§Notary ion E State of Texas T a��'�uy Cornmi�sion Expves Apt.21,2004 O 'IFaF� COUNTY OF HARRTS§ Before me,,the undersigned notary public,on this duy personally appeared Kimberly A.Sioniey,in her capacity as owner of tho Property,known tD me to be the person whose name Is subscribed to the foregoing instrument and acknowledged to me tlmt she executed the earn for the purposes and consideration therein expra9sed. SUBSCRIBED AND SWORN before me this day of,2002. Notary Public in and for the Suite of Texas • W-IZ-2H000 P AI CITY 0`I+MUD(M)NI4ZMH I`Afl/W August 12,2002 -� Pup 2 •3.General Conditions 3.01 There shall be no broker's fees associatad with this transaction. 3.02 This Agreement shall be bhtding upon the legal representatives or successors of the panics. 3.03 The Owners,the City and die BMDD agree to execute all documents necessary to consummate the closing of this sole and to Cumish evidence of their authority and capacity. Should the above-refers ccd 1crt s and eond1dons be Acceptable to you,pleue have this letter agreement executed by the appropriate officer and return tho same to my attention at the ubove-referenced address.Should you have any questions or if I may be of any assistance,please do not hesitate to contact me.Thank you far your assistance in this mutter. Sinceraly, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: OWNERS George W.Chandler(Date) Robert A.Meister(Date) Judy D.Meister(Date) Robert Andrew Meister(Date) a�*---S"�I oz- Kfmbcrly A.Stanley(Date) STATE 01,TEXAS Dorothy Berry(Data) COUNTY OF HARRIS Before me,,the undersigned notary public,oil this day personally appeared George W.Chandle r,In hie capuclty us owner or the Property,known to ma to bo the person whose name is subscribed to the foregoing Instrument and acknowledged to the that he executed the same for the purposes and consideration thcrain expressed. •SUBSCRIBED AND SWORN before the this day of,2002. Notary Public in and for the State of'lbxas r"IT B AUG-IZ-ZOOZ(ON)H Al CITY Off HYMN(FAX)Z814Z06586 P,004j005 August 12,2002 Puge 3 •STATE OF TEXAS§ § COLTNTY OF HARRIS Before me,,the undersigned notary public,an this day pmumlly uppcared Robert A,Maister,in his capacity as owner of the property,known to=to be tite person wlsose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of,2002. Notary Public In and for the State of Texas STATE OIL TEXAS§ § COUNTY OF HARRIS§ Before mr,_the undersigned notary public,on this day personally appeared Judy D_Mcister,in her capacity as owner of the Property,knuwn to use to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of'2002. Notary Public in and for the State of Toms STATE OF T113XAS§ COUNTY OF 11ARR1S§ Before me,,the undersigned notary public,o❑this day personally appeared Robert Andrew Meister,in his capacity as owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that be executed die same for the purposes and consideration therein cxpressed. SUBSCRIBED AND SWORN before me this day of.2002. Notary Public in and for the State of Tcxw STATE OF TEXAS§ COUNTY OF HARRIS(§4'1 Before me,f A,the undersigned notary public,on this day personally appeared Kimberly A.Stanley,in her Capacity as ovAcr of the Property,known to me to be the person whose name Is subscribed to the foregoing instrument and acknowledged to use that she executed the sumo far the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this f day of�C7�7�7�/2002. Nolatf public In anti fur thestute of Texas •MARILYNN P.SCHAFFER *NOTARY PUBLIC STATE OF TEXAS My Comm.EV.4-14-2006 August 28,2002 Page 2 •3.General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owners,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please have this letter agreement executed by the appropriate officer and return the same to my attention at the above-referenced address.Should you have any questions or if I may be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter. Sincerely, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: OWNERS George W.Chandler(Date) Robert A-Meister(Date) Judy D.Meister(Date) Robert Andrew Meister(Date) Kimberly A Stanley(Date) Dorothy B(D STATE OF TEXAS§ COUNTY OF HARRIS§ Before me,the undersigned notary public,on this day personally appeared George W.Chandler,in his capacity as owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of,2002. Notary Public in and for the State of Texas MIT B August 28,2002 Page 4 .STATE OF TEXAS§ § COUNTY OF HARRIS§ Before me,D E�)V P(l f)L U+,the undersigned notary public,on this day personally appeared Dorothy Berry,in her capacity as o er of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this SAy of-C✓2002. ooao�0000 ot,%v°DELL LYNN SWEAT Notary Public in and for the State of Texas :NOTARY PUBLIC 9.+STATE OF TEXAS of 1 Nly Comm.Exp.10-01-04 AGREED: CITY OF BAYTOWN Gary Jackson,City Manager(Date) Attest: Gary W.Smith,City Clerk AGREED: Baytown Municipal Development District Gary Jackson,General Manager(Date) Attest: Gary W.Smith,Assistant Secretary 1 F:Tju=Fdes\Ciry ManageeLcmas sed082702.doe September 16,2002 Page 2 •instrument executed by the City within ten(10)days of the City's receipt of Owner's written request therefor. a,e 3.General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owner,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please execute this letter agreement and return the same to my attention at the above-referenced address.Thereafter,we will present it to the City Council for approval. Should you have any questions or if I may be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter. 4aci ely, "--*K o Ramirez,Sr City Attorney of the City of Baytown General Counsel of the Baytown Municipal Development District AGREED: OWNER 2,� "WILLIAM f.AoNfkE(Date)I�Z3�o Executor of th Estate of Aline V.Reinke STATE OF TEXAS§ COUNTY OF HARRIS§ Before me,Kar tm H or n e r,the undersigned notary public,on this day personally appeared William J.Reineke,in his capacity as Independent Executor of the Estate of Aline V.Reinke,the Owner of the Property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this Z�3�day of 5-')Pnie m b et,2002. 'Notary Public'd Poffthe State of Texas =0-* N L HORNERlic,State of Texas Expires May 9,2006 AGREED: GARY JACKSON,City Manager of the City of Baytown and District Manager of the Baytown Municipal Development District ATTEST: GARY W.SMITH,City Clerk of the City of Baytown and Assistant Secretary of the Baytown Municipal Development District F:UCa=\Fi7es\Ciry Managed-ttters�ReinekeBakerRoaddoc EXHIBIT C October 15,2002 Page 2 •3.General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owner,the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please execute this letter agreement and return the same to my attention at the above-referenced address.Thereafter,we will present it to the City Council for approval. Should you have any questions or if I may be of any assistance,please do not hesitate to contact me.Thank you for your assistance in this matter. Sincerely, 4acio Ramirez,Sr. City Attorney of the City of Baytown General Counsel of the Baytown Municipal Development District AGREED: OWNER Louise Donovan(Date) STATE OF TEXAS§ COUNTY OF HARRIS§§ Before me,4LJJ9-Nr)0 Van,the undersigned notary public,on this day personally appeared Louise Donovan,in her capacity as the Owner of the Property,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this M day of 1�(ves,2002. ``lwt*0u1"Iyi���rn. �•_`B LA C,.,Notary Public in and for the State of Texas •ffO.0 S,AGREED: b Vr�+ly j GARY JACKSON,City Manager of the City OF It%of Baytown and District Manager of the fix lk �i�`'�•...«•'•:Baytown Municipal Development District ATTEST: GARY W.SMITH,City Clerk of the City of Baytown and Assistant Secretary of the Baytown Municipal Development District F:UCamn\Ftks\City Mace erRm&cbe WMIT D