Ordinance No. 15,705 ORDINANCE NO. 15,705
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 SETTLEMENT
AGREEMENT WITH SUZAN O. AND ERIC G. CARTER, JR. RELATED TO
THE MATTER STYLED CARTER V. CITY OF BAYTOWN; NO. 2023-3559 1; IN
THE 127TH DISTRICT COURT,HARRIS COUNTY, TEXAS; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE-
MILLION, FIVE-HUNDRED THOUSAND DOLLARS ($1,500,000.00); 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 a
settlement agreement with Suzan O. and Eric G. Carter, Jr. related to the matter styled Carter v.
City of Baytown; No. 2023-35591; In the 127th District Court, Harris County, Texas. A copy of
the Mutual Release Agreement setting forth the terms of the settlement is attached hereto, marked
Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Suzan O.
and Eric G. Carter, Jr. in the amount of ONE-MILLION, FIVE-HUNDRED THOUSAND
DOLLARS ($1,500,000.00) in accordance with the agreement authorized in Section 1
hereinabove.
Section 3: 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 81h day of February, 2024.
LAURA ALVARADO, Mayor Pro Tern
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APPROVED A TO ORM:
SCOTT LEMO D, City Attorney
R:Scott,Ordinances 24-02-08 Sd Agt Carter.docx
EXHIBIT "A"
MUTUAL RELEASE AGREEMENT
THIS MUTUAL RELEASE AGREEMENT ("Agreement") is entered into as of the date
of execution of the last signature to this Agreement by and between S.O. CARTER and E.G.
CARTER JR. ("CARTERS") and THE CITY OF BAYTOWN (`BAYTOWN").
RECITALS:
WHEREAS, S.O. CARTER and E.G. CARTER JR. (CARTERS) and THE CITY OF
BAYTOWN (CITY) are litigants in Cause No. 2023-35591 styled; S.O. Carter and E.G. Carter
Jr. vs. The City of Baytown, In the 127th Judicial District Court, Harris County, Texas. Said
lawsuit will be terminated by a Motion to Dismiss with Prejudice filed by the CARTERS within
ten (10) days of final execution of this Agreement.
WHEREAS, CARTERS allege inverse condemnation, unconstitutional taking, and no
sovereign immunity.
WHEREAS, CITY denies each and every claim.
WHEREAS, CARTERS and CITY recognize that litigation, appeals, and other disputes
between them are expensive, uncertain, and time-consuming, and that settlement on agreeable
terms is preferable to ongoing disputes and litigation.
WHEREAS, in settlement of any and all possible disputes, whether asserted or unasserted,
with respect to the above lawsuit and claims regarding the Carters and the City of Baytown and
without any admission of fault or liability, it is agreed as follows:
1. In consideration of TEN AND NOI 100 DOLLARS ($10.00) and other good and
valuable consideration and the covenants and mutual releases, S.O. Carter and E.G. Carter Jr., and
their legal representatives, agents, successors in interest and assigns, individually and collectively
do hereby irrevocably release, acquit, waive and forever discharge The City of Baytown, its
respective officials, administrators, directors, attorneys, agents, employees, and all such entities
successors, transferees, heirs, assigns, collectively, from any and all obligations, claims, causes of
action, and liabilities concerning or relating to the subject matter of the lawsuit claims, whether
asserted or unasserted or announced or unannounced; or arising and relating to the Properties
described as TR 37B, BLK 37, ELENA FRUIT&COTTON FARMS D,Baytown,Harris County,
Texas, 77521 and TR 37, BLK 37, ELENA FRUIT & COTTON FARMS D, Baytown, Harris
County, Texas, 77521; save and except the covenants contained in this Agreement.
2. In consideration of the covenants and mutual releases the City of Baytown does
hereby irrevocably release, acquit, waive and forever discharge S.O. Carter and E.G. Carter Jr.
individually and collectively their respective attorneys, agents, employees and all such entities
successors, transferees, heirs, assigns, estates and executors collectively, from any and all
obligations, claims, causes of action, and liabilities concerning or relating to the subject matter of
the lawsuit claims, whether asserted or unasserted or announced or unannounced; or arising or
relating to the Property described as TR 37B, BLK 37, ELENA FRUIT & COTTON FARMS D,
Baytown,Harris County,Texas,77521 and TR 37,BLK 37,ELENA FRUIT&COTTON FARMS
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D, Baytown, Harris County, Texas, 77521, save and except the covenants contained in this
Agreement.
3. As further consideration, CARTERS agree to sell the two permanent easements
described below to CITY for the amount of ONE MILLION FIVE HUNDRED THOUSAND
AND NO/100 DOLLARS($1,500,000.00)payable upon execution and delivery of this Agreement
and the Permanent Easements by the Carters, as described in the attached Exhibits"A"and`B"to
this Agreement.
Permanent Easement 1: 0.7215 acres (Exhibit"A")
A TRACT OR PARCEL CONTAINING 0.7215 ACRES OR 31,429 SQUARE FEET OF
LAND, BEING OUT OF A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G.
CARTER, JR AND SUSAN 0. CARTER IN THAT CERTAIN SPECIAL WARRANTY
DEED RECORDED IN H.C.C.F. NO. 20100519150, SITUATED IN THE W.C.R.R. CO.
SURVEY NO. 1, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, WITH SAID
0.7215 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAO 83).
Permanent Easement 2: 1.1094 acres (Exhibit"B")
A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET OF
LAND, BEING OUT OF A CALLED 54.5913 ACRE TRACT TO ERIC G. CARTER. JR
AND SUSAN 0. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED
RECORDED IN H.C.C.F. NO. 20100519150, SITUATED IN THE W.C.R.R. CO.
SURVEY NO. I, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, WITH SAID
1.1094 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS ST
A TE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAO 83).
And as further consideration, CITY agrees to design and construct, at its expense,
driveways providing access to San Jacinto Blvd.and Santavy Street.CITY shall begin construction
of the San Jacinto Blvd. driveway within ninety (90) days from the approval by the City of
Baytown of the proposed development of the property by the CARTERS or their assigns. The
Santavy Road driveway will be constructed for the purpose of the entry and exit (right turn in,
right turn out only) from the property. CITY shall begin construction of this driveway within
ninety (90) days from the approval by the City of Baytown of the proposed development of the
property by the CARTERS or their assigns.
4. THIS MUTUAL RELEASE SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REFERENCE
TO THE CONFLICTS OF LAWS OR CHOICE OF LAWS PROVISIONS THEREOF. The
parties hereby irrevocably submit to, acknowledge, and recognize the jurisdiction of the courts of
the State of Texas, or if appropriate, a federal court located in Texas (which courts, for purposes
of this Agreement, are the only courts of competent jurisdiction), over any suit, action or other
proceeding arising out of,under or in connection with this Agreement or the subject matter hereof.
This Agreement shall be construed according to its fair meaning and not strictly for or against
either party. This Agreement shall inure to the benefit of and shall be binding on the Parties'
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respective successors and assigns and shall inure to the benefit of S.O. Carter and E.G. Carter Jr.
and/or The City of Baytown; and their respective affiliates, successors and assigns.
5. Should any local, state, or federal agency or taxing authority deem the Funds to be
taxable, CARTERS acknowledge and agree that CARTERS shall be solely responsible for the
payment of any such taxes and shall indemnify, release, and hold harmless CITY.
6. Neither anything set forth herein, nor any payment provided for herein shall be
construed as an admission by CITY or evidence of liability or wrongdoing of any kind.
7. This Release may not be altered, amended, modified or terminated, except by an
instrument in writing executed by authorized representatives of the parties.
8. CARTERS represent that they have not transferred or assigned to any person or
entity, any claim involving CITY or any portion thereof, or interest therein other than to their
attorneys, if any.
9. CARTERS represent and acknowledge that in executing this Agreement, they do
not rely, and have not relied, upon any representation(s) by CITY or agents of CITY, except as
expressly contained in this Agreement.
10. By signing below, each Party warrants and represents that the person signing this
Agreement has authority to bind that entity and that the Party's execution of this Agreement is not
in violation of any by-law, covenant and or other restriction placed upon them.
11. By signing below CARTERS warrant that they are the owners and holders of any
and all claims released hereby, and have not sold, assigned or transferred such claims released;
and they shall indemnify, defend, and hold CITY harmless from any claim, loss and damages,
including reasonable attorney's fees, incurred in any action brought by, through or under them.
12. This agreement shall not be considered as an admission of any liability for any
claim released hereby, but as a settlement and compromise of disputed claims. All costs and
attorney's fees of any Party incurred in the lawsuit will be borne by the party incurring the same.
13. Should any of the provisions in this Agreement be determined to be invalid by a
court of competent jurisdiction, it is agreed that this shall not affect the enforceability of the other
provisions herein and the parties shall negotiate the provision or provisions in good faith to
effectuate its or their purpose and to conform it or them to the law.
14. No waiver of any term, provision or condition of this Agreement, whether by
conduct or otherwise,in any one or more instances,shall be deemed to be,or construed as,a further
or continuing waiver of any such term, provision or condition of this Agreement.
15. This Agreement may be executed in counterparts and by facsimile or electronic
(e.g.,pdf) signature, each of which counterpart shall be deemed an original and all of which shall,
together, constitute an agreement.
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16. S.O. Carter and E.G. Carter Jr. through their respective Attorneys shall execute and
file the Motion to Dismiss with Prejudice attached hereto as Exhibit C within ten(10)days of final
execution of this Agreement.
S.O. CARTER and E.G. CARTER JR. THE CITY OF BAYTOWN
Suzan Orr Carter Date JASON E. REYNOLDS, City Manager Date
Eric G. Carter Jr. Date SCOTT LEMOND, City Attorney Date
Approved as to Form
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