Ordinance No. 15,267 ORDINANCE NO. 15,267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES
AGREEMENT WITH BARKULOO 55 LIMITED FOR THE PROPOSED
ANNEXATION OF APPROXIMATELY 11.19 ACRES, LOCATED
GENERALLY ALONG THE SOUTH SIDE OF BLUE HERON PARKWAY
BETWEEN BARKULOO ROAD AND CROSBY CEDAR BAYOU ROAD;
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 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Services
Agreement with Barkuloo 55 Limited for the proposed annexation of approximately 11.19 acres,
located generally along the south side of Blue Heron Parkway between Barkuloo Road and Crosby
Cedar Bayou Road. A copy of said agreement is attached hereto, marked 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 22nd day of November, 2022.
y tp T BRANDON CAPETILLO, ayor
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ATTEST:
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APPROVED AS TO FORM:
SCOTT LE OND, City Attorney
R:1Karen Anderson'•.ORDINANCES\2022\2022.11.22 ServicesAgreeementwuhBadculoo55Limted.docx
EXHIBIT "A"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS,the BARKULOO 55 LIMITED(the"Owner")owns the property more specifically
identified in Exhibit"A,"which is attached hereto and incorporated herein for all intents and purposes(the
"Property");and
WHEREAS,the Owner has requested annexation of the Property;and
WHEREAS,pursuant to Section 43.0672 ofthe Texas Local Government Code,the City of Baytown
(the"City")and the Owner desire to enter into this Services Agreement(this"Agreement")in order to govern
the provision of service to the Property;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the City and the Owner(collectively the"Parties")do hereby mutually agree as follows:
1. Services to be provided. The Parties agree that upon annexation,the City will provide the following
services,which shall be provided at a comparable level to that provided to other parts of the City with
topography,land use,and population density similar to those reasonably contemplated or projected on
the Property as of the date hereof:
a. Fire. The City, through its Fire Department, will provide fire and emergency medical
services to the Property.
b. Police. The City,through its Police Department,will provide law enforcement services to
the Property.
C. Health. The City, through its Health Department, will provide services pertaining to
environmental health, neighborhood protection, storm water, and animal control to the
Property.
d. Planning and Development. The City,through its Planning and Development Services
Department,will provide development and building services to the Property,including
code enforcement services.
e. Ufifily. The City through, its Public Works, Engineering and Finance Departments, will
provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure
improvements necessary for the Property to receive these services from the existing City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure improvements,necessitated by proposed future development,shall be the sole
responsibility of the Owner.
The Parties understand and agree that the City is not required to provide a service that is not included
in this Agreement. However,nothing herein shall be construed to preclude the City from providing a
service in the future if it chooses to do so.
2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and
shall terminate one year after the services referenced in Section 1 have first been provided to the
Property.
3. Remedies. Should the City fail to provide the services within the time period specified in Section 1
hereof,the Owner shall give written notice of such failure to the City and provide an opportunity for
Services Agreement.Page 1
the City to provide such services. The City shall not be in default hereof if the City is diligently
prosecuting the work necessary to provide the services. If the breach is not timely cured,the Owner's
sole remedy is to seek disannexation. If the property is disannexed,the City shall be relieved of any
and all obligations to provide those services specified in Section 1 hereof to the Property.
4. Miscellaneous Provisions.
(a) Notice. Notices required herein shall be delivered in hand or by registered or certified US
mail to the City at the following address:
City of Baytown
Attn: City Manager
2401 Market Street
Baytown,Texas 77520
Notice to the Owner may be addressed to Owner at the address indicated on the most
recent Harris County property tax roll for the Property.
(b) Severability. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable,then the remainder ofthis Agreement shall remain in full
force and effect.
(c) Non-waiver. This Agreement may be enforced by any Owner or the City by any proceeding
at law or in equity.Failure to do so shall not be deemed a waiver to enforce the provisions of
this Agreement thereafter.
(d) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement,it shall not
be construed for or against any party hereto on the basis that such party did or did not author
the same.
(e) Headings. The headings appearing at the first of each numbered section in this Agreement
are inserted and included solely for convenience and shall never be considered or given any
effect in construing this Agreement or any provision hereof,or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any
question of intent should arise.
(f) Governing,Law. This Agreement shall be governed by the laws of the State of Texas and
construed in conformity with the provisions of Sections 43.0672 of the Texas Local
Government Code. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement.
(g) Venue. Venue for this Agreement shall be in Harris County,Texas.
(h) Counterparts. This Agreement may be separately executed in individual counterparts and,
upon execution,shall constitute one and same instrument.
(i) Complete Agreement.This Agreement contains all the agreements of the Owner and the City
relating to the subject matter hereof and is the full and final expression of the agreement
between such parties. This Agreement may be amended only by written agreement signed by
the Owner and the City.
(j) Agreement Read. The parties acknowledge that they have read,understand and intend to be
bound by the terms and conditions of this Agreement.
(k) Authorigy. The Owner covenants that he/she/it has the authority to enter into this Agreement
by virtue of being the owner of the Property. Additionally, the officers executing this
Agreement on behalf of the Owner hereby represent that such officers have full authority to
execute this Agreement and to bind the party he/she represents.
Services Agreement.Page 2
Entered into this. _ _ day of 2022.
CITY OF BAYTOWN
RICHARD L.DAVIS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LENOND,City Attorney
OWNER:
(Signature)
(Printed Name)
ke44 'a~06 OAVV�
(Title� -1
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, /kf--S , the undersigned notary public, on this day personally
appeared Qle r ,the of the
V known to me
proved to me on the oath of or
proved to me through his/her 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/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of f`7 0�,e.�.`x� ,2022.
r��,�.y� CINDY CORTES
ay9t 'Notary Public,State of Texas -
'-' f4 � Comm.Expires 03-31-2025 Notary Pu 'c,State of Texas
Notary ID 131069314
R-\Karen Homer\Documents\Files\Contracts\Voluntary Annexation Agreement for Services\FORM\Services Agreement for Company 2021 doc
Services Agreement,Page 3
Exhibit"A"
STATE OF TEXAS)
COUNTY OF HARRIS)
TRACT 1)
FIELD NOTES of a 23.9097 acre tract of land situated in the J. W. Singleton Survey,Abstract
709 and the David McFadden Survey,Abstract 591,Harris County,Texas and being all of the
residue of that certain 42.5054 acres(Tract 1)conveyed by GT, LC to Barkaloo 55 Limited by
Deed dated January 20,2008 and recorded under County Clerk's File#20080051512 of the
Official Public Records of Real Property of Harris County,Texas. This 23.9097 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 TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR=0.999891438.
REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
BEGINNING at a `/z inch iron rod,with cap(BHA),found in the East right-of-way line of
Barkaloo Road(60 feet wide right-of-way)for the Northwest corner of that certain 2.9545 acres
conveyed by R. & R. Homes, L.P.to James&Maria Vasquez by Deed dated April 1,2009 and
recorded under County Clerk's File#20090138591 of the Official Public Records of Real
Property of Harris County,Texas and the Westernmost Southwest corner of said 42.5054 acres.
Said point being the Westernmost Southwest corner and POINT OF BEGINNING of this tract
and has a State Plane Coordinate Value of Y=13,850,355.80 and X= 3,251,103.88.
THENCE: North 01°46'31"West along the West line of this tract,the West line of said 42.5054
acres and the East right-of-way line of said Barkaloo Road for a distance of 382.71 feet to a%Z
inch iron rod,with cap(BHA),set for the Northwest corner of said 42.5054 acres,the Northwest
corner of this tract and the Southwest corner of that certain 5.732 acres conveyed by George W.
Chandler,et al,to the City of Baytown by Deed dated July 9,2004 and recorded under County
Clerk's File#Y292157 of the Official Public Records of Real Property of Harris County,Texas.
Said point being at the Southwest cutback of Blue Heron Parkway(also called Baker Road
Extension; 110 feet wide right-of-way)and has a State Plane Coordinate Value of
Y-13,850,738.29 and X-3,251,092.02.
THENCE: North 35°30'35"East along the North line of this tract,the North line of said
42.5054 acres,the South line of said 5.732 acres and the South line of said Blue Heron
Parkway/Baker Road Extension,for a distance of 41.13 feet to a%inch iron rod,with cap
(BHA),set for an angle point in said line. Said point has a State Plane Coordinate Value of
Y=13,850,771.77 and X 1,251,115.91.
PAGE 2—23.9097 ACRES TRACT 1.
THENCE: North 76'08'17"East along the North line of this tract,the North line of said
42.5054 acre tract,the South line of said 5.732 acres and the South line of said Blue Heron
Parkway/Baker Road Extension,for a distance of 1299.05 feet to a%2 inch iron rod,with cap
(BHA), set for the BEGINNING POINT of a curve to the left,concave Northerly. Said point has
a State Plane Coordinate Value of Y=13,851,082.97 and X=3,252,376.99.
THENCE: Along and around said curve to the left,in an Easterly direction,along the North line
of this tract,the North line of said 42.5054 acres,the South line of said 5.732 acres and the South
line of said Blue Heron Parkway/Baker Road Extension,said curve having a radius of 10055.00
feet,a central angle of 04°21'18"and a chord bearing and distance of North 73°57'38"East
764.10 feet,for an arc length of 764.28 feet to a%inch iron rod, with cap(BHA),set for the
TERMINATION POINT of said curve and the BEGINNING POINT of another curve to the
right, concave Southerly.
THENCE: Along and around said curve to the right,in an Easterly direction,along the North
line of this tract,the North line of said 42.5054 acres,the South line of said 5.732 acres and the
South line of said Blue Heron Parkway/Baker Road Extension, said curve having a radius of
9945.00 feet,a central angle of 02°27'52"and a chord bearing and distance of North 73000'55"
East 427.73 feet,for an arc length of 427.76 feet to a %inch iron rod,with cap(BHA), set for the
Northeast corner of this tract and the Northernmost West corner of that certain 17.899 acres
(Tract 1)conveyed by Barkaloo 55 Limited to the City of Baytown by Deed dated December 31,
2012 and recorded under County Clerk's File#20130001659 of the Official Public Records of
Real Property of Harris County,Texas. Said point has a State Plane Coordinate Value of
Y-13,851,419.00 and X=3,253,520.29.
THENCE: South 13°30'55"East along the Northernmost East line of this tract and the
Northernmost West line of said 17.899 acres for a distance of 377.01 feet to a 5/8 inch iron rod
found for the Easternmost Southeast corner of this tract and an interior corner of said 17.899
acres. Said point has a State Plane Coordinate Value of Y=13,851,052.46 and X=3,253,608.39.
THENCE: South 75'58'18"West along the Easternmost South line of this tract and the
Westernmost North line of said 17.899 acres for a distance of 335.90 feet to a%"iron rod,with
cap#4980, found for an interior corner of this tract and the Westernmost Northwest corner of
said 17.899 acres. Said point has a State Plane Coordinate Value of Y=13,850,971.05 and
X=3,253,282.55.
PAGE 3—23.9097 ACRES TRACT 1.
THENCE: South 14°04'39"East along the Southernmost East line of this tract and the
Westernmost West line of said 17.899 acres for a distance of 423.56 feet to a%inch iron rod
found in the middle South line of said 42.5054 acres for the Northwest comer Lot 26,Block 1
and the Northeast corner of Lot 15,Block 1 of Chaparral Village Section Four as recorded in
Volume 263 at Page 112 of the Map Records of Harris County,Texas, for the Southernmost
Southeast corner of this tract and the Westernmost Southwest corner of said 17.899 acres. Said
point has a State Plane Coordinate Value of Y 13,850,560.21 and X=3,253,385.57.
THENCE: South 76°17'03"West along the Southernmost South line of this tract, the middle
South line of said 42.5054 acres and the North line of said Lot 15, for a distance of 50.09 feet to
a%inch iron rod,with cap(BHA),found in the East line of Lot 14, Block 1 of said Chaparral
Village Section Four,for an exterior Northwest corner of said Lot 15,the Southernmost
Southwest corner of this tract and an exterior Southwest corner of said 42.5054 acres. Said point
has a State Plane Coordinate Value of Y-13,850,548.38 and X=3,253,336.90..
THENCE: North 14°05'56"West along the Southernmost West line of this tract,the middle
West line of said 42.5054 acres and the East line of Lots 14, 13, 12 and 11,Block 1 of said
Chaparral Village Section Four,for a distance of 349.52 feet to a ''/z inch iron rod,with cap
(BHA), found for an interior corner of this tract,an interior corner of said 42.5054 acres and the
Northeast corner of said Lot 11.
THENCE: South 76°03'00"West along the Westernmost South line of this tract,the
Westernmost South line of said 42.5054 acres and the North line of said 11, 10, 9, 8,7,6,5,4, 3,
2 and 1,Block 1 of said Chaparral Village Section Four,for a distance of 843.09 feet to a'YZ inch
iron rod,with cap(BHA),found for an angle point in said line at the Northwest corner of said
Lot 1,Block 1 and the Northeast corner of a tract of land conveyed to the City of Baytown in
1957(no recording information found). Said point has a State Plane Coordinate Value of
Y- 13,850,684.11 and X=3,252,350.64.
PAGE 4 23.9097 ACRES—TRACT 1.
THENCE: South 76107'53"West along the Westernmost South line of this tract,the
Westernmost South line of said 42.5054 acres,the North line of said City of Baytown Tract and
the North line of said 2.9545 acres for a distance of 1369.83 feet to the PLACE OF
BEGINNING and containing within these boundaries 23.9097 acres or 1,041,505.85 square feet
of land.
SURVEYOR'S CERTIFICATE
I,Juliene Harrod,Registered Professional Land Surveyor No. 4379, do hereby certify that the
foregoing field notes were prepared from an actual survey made on the ground,under my
supervision,in December of 2017 and that all lines,boundaries and landmarks are accurately
described therein.
WITNESS my hand and seal at Baytown,Texas,this the 21 S`day of December,A.D.,2017.
4L'J-L�41p-
J 1 ene Harrod �P�1
S o F..TF 4
t5TF ' ;f
Registered Professional Land Surveyor No.4379
17-4973.fdn.Tractl.docx •JULIENE HAROD•
....,........;...
Hutchison&Associates,Inc. '�o0 4379 Qom.•
1209 Decker Drive,Suite 100 � •• '`�SSto�''
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Baytown,TX 77520
Engineering Firm#F-267
Surveying Firm#100293-00