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Ordinance No. 15,883 ORDINANCE NO. 15,883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 15,591 WHICH ADOPTED AN AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GATEWAY TEN BUSINESS PARK,LLC,TO SUBSTITUTE A CORRECTED EXHIBIT B; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS on June 25, 2020, the City Council adopted the original Declaration of Covenants, Conditions and Restrictions for Gateway Ten Business Park,LLC(the"CCRs")via Ordinance No. 14,416; and WHEREAS, the City Council adopted the First Amendment to the CCRs on August 11, 2022 via Ordinance No. 15,171; and WHEREAS, on October 26, 2023, the City Council adopted Amended and Restated CCRs via Ordinance No. 15,591; and WHEREAS, Gateway Ten Business Park, LLC notified the city by Correction Instrument that the Amended and Restated CCRs recorded on December 13, 2023 used a prior Exhibit B Site Plan rather the intended Exhibit B Site Plan approved in the First Amendment to the CCRs; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown hereby amends Ordinance No. 15,591 to substitute Exhibit B and authorizes payment to Harris County in an amount not to exceed ONE HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED SIXTY-FIVE AND 08/100 DOLLARS ($173,865.08),in accordance with the terms of the Interlocal Agreement previously authorized and detailed above 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 e a irn •ve vote of the City ouncil of the City of Baytown this the 22"d day of August, 2024 ON CAPETILL ,Mayor • M EST: .�-G, °°a,�.>n��,,� �► It - GELA t ACKSON, •I -,.eterlci% e'� '! APPROVED AST FORM: SCOTT LEMOND, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\8.22.2024\Scott\Am I5,591-substitute Ex B-Gateway 10.docx EXHIBIT "A" Sits Plan for the DeieitDmeni Plgitj 1 In I li 11 -i I 1 1 d nib il E , c t awn I I = ill 1\\.--_-...\4r--- ---- -- ___- �-�- _ ___ �, :t: ::i-i.-—-I g 11 i _ \ l_ i _ ;J • till' - w tn iI . \\\ C ; ; rt- . o; 1;1 gi %s--,, I „4__r_41 , . ` \\\ ..i. R! 4_LL1 ii i ` J t 1 i `' Mad tisr6 s. i111 \i E --- & 1 I it 0 t I il A 1 1 Please Index As Follows: Declarant: Gateway Ten Business Park, LLC Document Type: Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park CORRECTION INSTRUMENT State of Texas § County of Harris § "Original Instrument" Document Type: Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park Recording Date: December 13, 2023 Recording Information: RP-2023-468697 Declarant: Gateway Ten Business Park, LLC Description of error in Original Instrument: 1. This is a Correction Instrument pursuant to the provisions of Section 5.028 of the Texas Property Code, regarding the following non-material change resulting from a clerical or inadvertent error in the Original Instrument: The Original Instrument, filed on December 12, 2023, inadvertently used a prior Exhibit B Site Plan rather the intended Exhibit B Site Plan approved in the First Amendment to the Declaration of Covenants,Conditions, and Restrictions for Gateway Ten Business Park. 2. The Original Instrument Exhibit B attachment should be replaced with the attached Exhibit B. Person with knowledge of facts relevant to the correction(hereinafter,"Correction Party"): Before me, the undersigned authority, personally appeared Correction Party who on oath swears that the following statements are true and correct and are within the personal knowledge of Correction Party: 1. My name is Jennifer M. Graff, and I am over the age of 18 years and duly qualified to execute this Correction Instrument. 2. I am acting on behalf of Gateway Ten Business Park, LLC in the capacity of legal counsel and have examined the closing file and the following documents: (i) Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park, (ii) First Amendment to Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park,(iii)Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park, and (iv) all ancillary documents and exhibits. 3. I hereby certify that I have given notice of this Correction Instrument to each party to the original instrument in accordance with provisions of Section 5.028(d)(2) of the Texas Property Code. • Ofrk J fifer M. Graff State of Texas § County of Montgomery § SWORN TO, SUBSCRIBED AND ACKNOW GE before niensed y of July, 2024, by Jennifer M. Graff. aWlai =1 ,•";;o�•,� MELISSA B. El Y otary Public, State of Te .. �I Notary Public.State of Texas i` Comm.Expires 08.30-2027 %,,,4'''``' Notary ID 134534832 RETURN TO:Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Gateway Ten Business Park to: Gateway Ten Business Park c/o Jennifer Graff Kean Miller LLP 1400 Woodloch Forest Drive Suite 400 The Woodlands,Texas 77380 ;ssrala inaltternpA U 111f Ju) U M 3Ir5 ..g.. ,LTJJHR'I •ir i11 4 i II !Mg i . I II I - —— -iL1— • --, 1 1.rL--4-,„. f I !![i_, l, i \ " . ' I t . =.-,[ik • t m I. -.1 ; , - J (��. -It r s i 11' v Yrc�aAr y "j w 1' 11 I j f�-= 10 rr, \\ 0 . ` -- trL ,_P 1 `- I m rr . Est! \ , _J I r-- tri • le L .. --y_�;1L .---� — I t� i I 1: