Ordinance No. 15,171 ORDINANCE NO. 15,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GATEWAY 10
BUSINESS PARK; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby approves the
First Amendment to the Declaration of Covenants, Conditions and Restrictions for Gateway 10
Business Park. Said declaration is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the I ph day of August, 2022.
�NI(TOINN NDON cAPETILLCI Mayor
AST: �oF�••,..e...,��•T�
e
ANGELAf4CKSON, r
FDr
APPROVED S T FORM:
SCOTT LE D, City Attorney
R:Karen Anderson ORDINANCES\2022\2022.08.1 lWpprovmglstAmendment2Declarations4GatewaylOBusinessPark.docx
EXHIBIT "A"
FIRST AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GATEWAY 10 BUSINESS PARK
This First Amendment to Declaration of Covenants, Conditions, and Restrictions for
Gateway 10 Business Park (this "Amendment") is entered into effective as of the day of
12022,by Gateway Ten Business Park,LLC, a Texas limited liability company
("Declarant" and "Owner"), Ratcliff Companies, Inc., a Louisiana limited liability company
("Administrator"), The City of Baytown, Texas ("City"), and Harris County Municipal Utility
District NO. 473 ("MUD 473").
RECITALS:
A. Declaration of Covenants, Conditions, and Restrictions for Gateway 10 Business
Park was executed by the above parties and then land owner New Sjolander, L.L.C.., a Texas
limited liability company,dated effective July 10,2020,and recorded July 14,2020, in the Official
Public Records of Harris County, Texas under Clerk's File No. RP-2020-310753 (the
"Declaration")affecting the real property generally described on the attached Exhibit"A"(which
is the same Exhibit"A" as attached to the Declaration) and more commonly known as "Gateway
10 Business Park" (the"Development Project"); and
B. New Sjolander, L.L.C.., a Texas limited liability company, conveyed the
Development Project by Special Warranty Deed executed effective July 13, 2000 and recorded
under Clerk's File No. RP-2020-310752 on July 14, 2020 in the Official Public Records of Harris
County Texas to Gateway Ten Business Park, LLC, a Texas limited liability company, the current
owner of all of the real property encumbered by the Declaration; and
C. The Declaration can be amended by an instrument signed by owners of 75% of the
gross square footage of the Development Project (the "Required Majority of Owners"); and
D. Owner hold all votes allocated under the Declaration; and
E. City and MUD 473 consent to this amendment; and
F. Therefore,Declarant and Owner now desire to amend the Declaration in accordance
with the following.
NOW THEREFORE, for Ten and Noi 100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned
hereby amends the Declaration as follows:
1. Exhibits"B"and"C"to the Declaration are replaced by Exhibits"B"and "C"
to this amendment.
11313.00005 117073 3.2
2. Article III Section 16 is modified by replacing the 4`h sentence as follows:
The following limits apply to building footprints (but not building size, as multiple story
buildings are permitted):
• Development Site north of the pipeline easement- 52,500 gross square feet
• Development Site south of the pipeline easement- 30,000 gross square feet.
3. Except as amended hereby,all other terms and provisions of the Declaration are ratified
and shall remain unchanged and in full force and effect and this Amendment and the Declaration
shall be construed as one instrument. In the event of any inconsistency, the terms and provisions
of this Amendment shall control over and modify the terms and provisions of the Declaration.
4. All terms defined in the Declaration and used herein with initial capital letters shall
have the same meanings herein as are ascribed to such terms in the Declaration,except to the extent
that the meaning of any such term is specifically modified by the provisions hereof. In addition,
other terms not defined in the Declaration but defined herein will, when delineated with initial
capital letters, have the meanings ascribed thereto in this Amendment. Terms and phrases used
herein which are not delineated by initial capital letters shall have the meanings commonly ascribed
thereto.
11313.00005.1170733.2
SIGNATURE PAGE TO FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR GATEWAY 10 BUSINESS PARK
IN WITNESS WHEREOF, this Declaration is executed on the date set forth below to be
effective as of the Effective Date first set forth above.
DECLARANT and
OWNER:
GATEWAY TEN BUSINESS PARK, LLC,
a Texas limited liability company
By:
Name: Robert Ratcliff, Sr.
Title: Manager
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this day of June, 2022, by
Robert Ratcliff, Sr., Manager of GATEWAY TEN BUSINESS PARK, LLC, in that
capacity and on behalf of said limited liability company.
Notary Public in and for The State of Texas
11313.00005 1170733.2
SIGNATURE PAGE TO FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR GATEWAY 10 BUSINESS PARK
IN WITNESS WHEREOF, this Declaration is executed on the date set forth below to be
effective as of the Effective Date first set forth above.
ADMINISTRATOR:
RATCLIFF COMPANIES, LLC,
a Louisiana limited liability company
By:
Name: Gregg H. Thompson
Title: Manager
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this day of June, 2022,by
Gregg H. Thompson, Manager of Ratcliff Companies, LLC, a Louisiana limited liability
company, on behalf of said limited partnership.
Notary Public in and for The State of Texas
[JOINDER PAGES FOLLOW)
11313.000051117073 3.2
JOINDER PAGE
TO FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR GATEWAY 10 BUSINESS PARK
The City of Baytown,Texas
The city consents to this amendment.
CITY OF BAYTOWN, TEXAS
By:
Name:
Title:
Date: June 12022
11313.00005 1170733.2
JOINDER PAGE
TO FIRST AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR GATEWAY 10 BUSINESS PARK
Harris County Municipal Utility District
No. 473
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473 consents to this
amendment.
HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473
By: -
Name:
Title:
Date: June , 2022
5
EXHIBIT " A"
Legal Description of the Development
Proiect
FIELD NOTES of a 58.708 acre tract of land situated in the Ashbel Smith
Survey, Abstract 954, Harris County, Texas and being all of that same land
conveyed by Fireside Holdings LLC & 1-10 Sjolander LLC to New Sjolander
LLC by Deed dated May 19,2017 and recorded under County Clerk's File#RP-
2017-222808 of the Official Public Records of Real Property of Harris County,
Texas. This 58.708 acre tract of land is more particularly described by the
following metes and bounds, to-wit:
NOTE: BEARINGS ARE STATE PLANE BEARINGS AND ALL
COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, SOUTH CENTRAL ZONE, NAO 83. ALL DISTANCES ARE
ACTUAL DISTANCES. SCALE FACTOR = 1.0000000. REFERENCE IS
MADE TO THE MAP OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
BEGINNING at a 1 inch iron pipe inside a 2 inch iron pipe found in the South
right-of-way line of Interstate Highway 10 (right-of-way width varies) at the
Northeast corner of that certain 8.00 acres conveyed by Virginia Evans,et al, to
Roy Valladares,et al,by Deed dated March 12,2003 and recorded under County
Clerk's File#W753526 of the Official Public Records of Real Property of Harris
County, Texas. Said point being the Northwest corner and POINT OF
BEGINNING of this tract and has a State Plane Coordinate Value of
Y=13,864,666.79 and X=3,254,674. 16.
THENCE:North 78°05'06" East along the Westernmost North line of this tract
and the South right-of- way line of said Interstate Highway 10 for a distance of
1301.80 feet to a 1/2 inch iron rod, with cap (BHA), set for the Northernmost
Northeast corner of this tract and the Northwest corner of 1-10 Sjolander Minor
Plat as recorded under Film Code #677339 of the Map Records of Harris
County, Texas. Said point has a State Plane Coordinate Value of
Y=13,864,935.56 and X==3,255,947. 91; from which a 1/2 inch iron rod, with
busted cap, found for the Northeast corner of that certain 15 feet wide right-of-
way strip conveyed to City of Baytown by said Minor Plat bears North
78°05'06" East 320.00 feet.
THENCE: South 16°46'54" East along the Northernmost East line of this tract
and the West line of said 1-10 Sjolander Minor Plat for a distance of 203.86 feet
to a 1:'2 inch iron rod,with cap(BHA), set for an interior corner of this tract and
the Southwest corner of said 1-10 Sjolander Minor Plat. Said point has a State
Plane Coordinate Value of Y=13,864,740.38 and X=3,256,006. 77.
7
THENCE: North 78°05'06" East along the Easternmost North line of this tract
and the South line of said 1-10 Sjolander Minor Plat for a distance of 320.00
feet to an "x" cut in concrete set for the Easternmost Northeast corner of this
tract,the Southeast corner of said 15 feet wide right-of-way strip and an interior
corner of Sjolander Road (right-of-way width varies). Said point has a State
Plane Coordinate Value of Y=13,864,806.45 and X=3,256,319.88.
THENCE: South 16°46'54" East along the Southernmost East line of this tract
and the West right-of-way line of said Sjolander Road for a distance of 307.84
feet to a 1 i2 inch iron rod, with cap (BHA), set for an angle point in said line.
Said point has a State Plane Coordinate Value of Y=13,864,511.72 and
X=3,256,408. 76.
THENCE: South 10'56'54" East along the Southernmost East line of this tract
and the West right-of-way line of said Sjolander Road for a distance of 1076.40
feet to a 1/2 inch iron rod, with cap (SHA), found for the Southeast corner of
this tract and the Easternmost Northeast corner of that certain 32.85 acres
conveyed by Jonathan Groves, et ux, to JCG Real Estate, LLC by Deed dated
July 1, 2013 and recorded under County Clerk's File #20130335919 of the
Official Public Records of Real Property of Harris County, Texas. Said point
has a State Plane Coordinate Value of Y==13,863,454.91 and X=3,256, 613.19;
from which a 1/2 inch iron rod found for the Easternmost Southeast corner of
said 32.85 acres bears South 11"52'16" East 61.03 feet.
THENCE: South 78°00'07" West along the South line of this tract and the
Easternmost North line of said 32.85 acres for a distance of 1647.05 feet to a 1
inch iron rod found for the Southwest corner of this tract and the Southeast
corner of said 8.00 acres. Said point has a State Plane Coordinate Value of
Y-13,863,112.52 and X=3,255,002.12.
THENCE: North 11'54'54" West along the West line of this tract and the East
line of said 8.00 acres for a distance of 1588.49 feet to the PLACE OF
BEGINNING and containing within these boundaries 58.708 acres or
2,557,316.997 square feet of land.
S
EXHIBIT to of
Site Plan for the Development Project
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