Ordinance No. 15,959 ORDINANCE NO. 15,959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AGREEMENT WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, FOR THE
PURCHASE OF PROPERTY DESCRIBED AS PARCEL 3, A 4.960-
ACRE (216,059 SQUARE FEET) PARCEL OF LAND, SITUATED IN
THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS
COUNTY, TEXAS, FOR THE SOUTH MAIN AND REPUBLIC
DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING
PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE
TOTAL AMOUNT OF THREE HUNDRED FORTY THOUSAND AND
NO 100 DOLLARS ($340,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; 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 the
City Manager to execute a Purchase Agreement with Goose Creek Consolidated Independent
School District, for the purchase of property described as Parcel 3, a 4.960-acre (216,059 square
feet) parcel of land situated in the Harvey Whiting Survey, Abstract No. 840, Harris County,
Texas,for the South Main and Republic Drainage Improvements Project. A copy of the agreement
is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment of a
purchase price for the property subject to the Purchase Agreement authorized in Section 1 hereof
in the amount of THREE HUNDRED FORTY THOUSAND AND NO 100 DOLLARS
($340,000.00).
Section 3: That the City Manager is hereby granted general authority to approve any
change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 100
DOLLARS ($50,000.00) or less,provided that the amount stated in Section 2 hereof may not be
increased by more than twenty-five percent(251 o)or decreased by more than twenty-five percent
(250o) without the consent of the owners to such decrease unless otherwise provided for in the
contract authorized in Section 1 hereinabove.
Section 4: 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 24t 1 day of October, 2024.
ANDON CAPETILLO, yor
ATTEST:
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0
0
ANGEL CK N, City Cler Co
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OF I
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APPROVED�064A ' T FORM:
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SCOTT LE ND, City Attorney
Ordinance Purchase Agreement Goose Creek ISD for Parcel 3 for the South Main and Republic Drainage Improvements Project.docx
2
EXHIBIT "A"
B WWN
PURCHASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement by and between the City of Baytown, (hereinafter called the City), and GOOSE
CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, (hereinafter called
Owner), whether one or more, shall be effective on the date of approval and execution by and on
behalf of the City.
I. Sale and Purchase of Property
1.01 In view of the mutual covenants herein expressed and contained,the Owner hereby agrees to
grant,bargain,sell and convey for the consideration and upon the terms herein stated to the City,and
the City does hereby agree to purchase, for the consideration and upon the terns herein stated the
property situated in Harris County, Texas which is described and shown in Exhibit "A" which is
attached hereto and incorporated herein for and, and all purposes.
The City and the Owner do further agree as follows:
II. Consideration
2.01 Total Price: THREE HUNDRED FORTY THOUSAND AND NO/100
($340,000.00) to be paid by the City for fee simple title and easement interest to the property
described and shown in Exhibit"A" save and except oil,gas and sulphur, free of all liens,assessments
and encumbrances.
Fee Simple Acquisitions (216,059 Sq. Ft.) - $340,000.00
Damages - $0.00
Cost to Cure $ 0.00
Total $340,000.00
Project: South Main & Republic Drainage Improvements Project DR2002
Parcel: 3
Additionally,the City agrees to erect fencing as more particularly set forth in Section 5.06 herein.
The agreed upon compensation is in full and final settlement of the terms set forth herein,and Owner
hereby releases, acquits and discharges City, together with its directors, officers, shareholders,
employees, subcontractors, agents, attorneys, representatives, consultants and subsidiary and parent
organizations, from and against any and all claims, damages, debts, obligations, controversies,
attorneys fees,costs,suits,demands,liabilities,or causes of action,of any kind or nature whatsoever,
at law or in equity, in contract or tort, general or special, for injuries or damages, liquidated or
unliquidated, now existing or that might arise hereafter, relating to or arising out of or in any way
connected to the City's purchase of the property.
III. Recording Costs and Title
3.01 Recording Costs: The City, without cost to Owner, shall pay the cost of recording all
instruments conveying title to the City.
3.02 Liens and encumbrances against the Property: Owner shall pay and obtain release of all
liens,and mortgages recorded against the Property at or prior to Closing(if applicable).
IV. Closing
4.01 Ownership and Warranty Deed:Owner agree to convey to the City fee simple tide and an
easement interest to the said property and all appurtenances thereto for the consideration stated
subject to the aforementioned exception.After approval of title by the City,Owner agrees to deliver
to the City's Closing Agent a Special Warranty Deed,properly executed,conveying fee simple title.
The City warrant or wire transfer in payment of the consideration for such property shall be delivered
to the City's Closing Agent and shall be payable the Title Company.
4.02 Possession: Until payment is made, and in the absence of a possession and use agreement
between the parties,title and possession of the property to be conveyed to the City will remain with
the Owner,who shall bear all risk of loss to any and all such property. In the event the condition of
the property should change,for any reason,prior to the date of delivery of possession to the City,the
City shall have the right to declare this agreement null and void.
4.03 Closing Costs: City will pay closing costs as described in section 3.01. Owner will pay
Owners' legal expenses, if any. If Owner engages the services of a real estate agent or broker in
connection with the sale and purchase of the Property,Owner will pay all commissions and broker's
fees.
4.04 Incidental Expenses:After the date of payment of the purchase price,Owners will be reim-
bursed for any fair and reasonable expenses necessarily incurred in transferring title to the property to
the City for its use.Expenses eligible for reimbursement may include(1)recording fees,transfer taxes,
and similar expenses incidental to conveying the real property to the City and (2) penalty costs for
prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real
property.Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not
be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a
claim supported by receipted bills or other evidence of actual expenses incurred. Owners may file a
written request for review if it is believed that the City failed to properly determine the eligibility for
or the amount of incidental expenses to be reimbursed.There is no standard form on which to request
review of a claim; however, the claim must be filed with the City serving the area in which the said
property is located within six months after Owners are notified of the City's determination on any
claim for reimbursement.
V. Miscellaneous
5.01 Entire Agreement: This Agreement contains the entire agreement of the parties. This
Agreement can be amended or assigned only by written agreement signed by the City and Owner.
5.02 Binding. This Agreement is binding upon the heirs, executors, administrators, personal
representatives,successors and assigns of the City and Owner.
5.03 Effective Date:This Agreement is effective on the last date that both the City and Owners
have signed and executed this Agreement.
Owner: 2200 Market Street Baytown,TX 77520
City: 2123 Market Street Baytown,TX 77522
5.06 Fencing Around The School Property And Detention Pond:
a. City will erect a fence system in the location indicated on drawings in Exhibit"B".
b. The fencing will be completed to Texas Education Agency safety and security
parameters and in consultation with the Owner.
5.07 Additional Clauses: NONE
THE FULL AGREEMENT OF THE CITY AND THE OWNER IS SET FORTH IN THE
FOREGOING TEXT OF THIS INSTRUMENT,AND NO OTHER REPRESENTATIONS OR
OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN
INDEPENDEDNT SCHOOL DISTRICT
By: By:
Dr. Randal O'Brien,Superintendent Jason Reynolds, City Manager
Date:- Cl/9 Z2,124 Date:
Exhibit A
WINDROSE
LAND SURVEYING I PLATTING
DESCRIPTION OF
4.960 ACRES OR 216,059 SQ. FT.
A TRACT OR PARCEL CONTAINING 4 960 ACRES OR 216,059 SQUARE FEET OF LAND SITUATED IN THE HARVEY WHITING
SURVEY. ABSTRACT NO. 840. HARRIS COUNTY. TEXAS, BEING OUT OF A CALLED 21.75 ACRE TRACT OF LAND
CONVEYED TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, AS RECORDED UNDER HARRIS
COUNTY CLERK'S FILE(H.C.C.F.) NO.J567620,WITH SAID 4.960 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(NAD 83):
COMMENCING AT A POINT ON THE NORTHWEST RIGHT-OF-WAY (R.O.W.) LINE OF SOUTH MAIN STREET (R.O.W.
VARIES). FOR THE SOUTHEAST CORNER OF A CALLED 1.5958 ACRE TRACT OF LAND CONVEYED TO HANDS OF
HEALING RESIDENTIAL TREATMENT CENTER. INC.. AS RECORDED UNDER H.C.C.F. NO. 20110305418 AND THE
NORTHEAST CORNER OF LOT 1. BLOCK 1, ROBERTSON'S SUBDIVISION, MAP OR PLAT THEREOF RECORDED UNDER
VOLUME(VOL.)499,PAGE(PG.)457,HARRIS COUNTY DEED RECORDS(H.C.D.R.);
THENCE SOUTH 87 DEG. 04 MIN. 53 SEC. WEST, ALONG THE NORTH OF LOTS 1 THROUGH 6. BLOCK 1. OF SAID
ROBERTSON'S SUBDIVISION,A DISTANCE OF 334 71 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE"SET
ON THE NORTH LINE OF SAID LOT 6 FOR THE SOUTHEAST CORNER AND POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT;
THENCE SOUTH 87 DEG.04 MIN.53 SEC WEST,CONTINUING ALONG THE NORTH LINE OF LOTS 6 THROUGH 14,BLOCK
1, OF SAID ROBERTSON'S SUBDIVISION, A DISTANCE OF 409.13 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"SET FOR THE NORTHWEST CORNER OF SAID LOT 14,ALSO BEING AN INTERIOR CORNER OF SAID 21.75
ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 20 DEG.52 MIN. 18 SEC.WEST OVER AND ACROSS SAID 21.75 ACRE TRACT A DISTANCE OF 469.62
FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE"SET ON THE SOUTH LINE OF A TRACT CONVEYED TO
DAYTON-GOOSE CREEK RAILWAY COMPANY. RECORDED UNDER VOL. 525, PG. 236, AND VOL. 731 PG. 214.
H.C.D.R.,FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE. NORTH 85 DEG.37 MIN. 51 SEC.EAST,ALONG THE SOUTH LINE OF SAID DAYTON-GOOSE CREEK RAILWAY
COMPANY TRACT,A DISTANCE OF 541.30 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR
NORTHWEST CORNER OF A TRACT CONVEYED TO RICARDO GARCIA AS RECORDED UNDER H.C.C.F. NO.
20070151473 AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 04 DEG.30 MIN.21 SEC.EAST,ALONG THE WEST LINE OF SAID RICARDO GARCIA TRACT,A DISTANCE
OF 460.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.960 ACRES OR 216,059 SQUARE FEET OF LAND,AS
SHOWN ON JOB NO.56626-GCCISD,PREPARED BY WINDROSE LAND SERVICES.
ROBERT KNESS 03/14/2023
..............................
ROBERT KNESS <'•p 6486 v,: DATE:
R.P.L.S.NO.6486 ,pp \ :91;
STATE OF TEXAS 9••'•FESS O•'
FIRM REGISTRATION NO. 10108800 �•$ Nj�'
SHEET 2 OF 2
713.458.2281 1 5 35 3WSAM HOUSTON PKWY N. STE ISO, HOUSTON, TX 7704
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