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Ordinance No. 16,179ORDINANCE NO. 161179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH OMAR MENDEZ, FOR THE PURCHASE OF PROPERTY DESCRIBED AS PARCEL 21 A 0.172-ACRE (7,492 SQUARE FEET) PARCEL OF LAND, SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY, TEXAS, FOR THE FIRE STATION 2 REPLACEMENT PROJECT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE TOTAL AMOUNT OF SD fY THREE THOUSAND TWO HUNDRED TWENTY-ONE AND NO/ 100 DOLLARS ($63,221 .00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 Omar Mendez, for the purchase of property described as Parcel 2, a 0.172-acre (7,492 square feet) parcel of land situated in the Harvey Whiting Survey, Abstract No. 840, Harris County, Texas, for the Fire Station 2 Replacement 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 SIXTY-THREE THOUSAND TWO HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($63,221.00). 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 (25%) or decreased by more than twenty-five percent (25%) 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 261h day of June, 2025. CHXRLES JO11N'SON, Mayor ATTEST: M1 % ae eee- r7. eeeeeeeeee APPROVED AS WOTORM: SCOTT LEMOND� City Attorney . R:\Ordinances and Resolutions\Ordinance Drafts\2025-06-26\Ordinance Authorizing Purchase Agreement with Omar Mendez for Parcel 2 for the Fire Station 2 Replacement Project.vh.docx 2 EXHIBIT "A" BAYTOWN S PURCHASE AGREEMENT THE STATE OF TEXAS 1 COUNTY OF HARRIS This Agreement by and between the City of Baytown, (hereinafter called the City), and Omar Mendez, (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 terms herein stated the property situated in Harris County, Texas which is described in Exhibit "A" and shown on Exhibit "B", which is attached hereto and incorporated herein for any and all purposes. The City and the Owner do further agree as follows: II. Consideration 2.01 Total Price: Sixty -Three Thousand Two Hundred Twenty -One Dollars ($63,221.00 ) to be paid by the City for fee simple tide and easement interest to the property described in the said Exhibit "A" and shown on Exhibit `B", save and except oil, gas and sulphur, free of all liens, assessments and encumbrances. Fee Simple Acquisitions (7,492 Sq. Ft.) - $ 44,952.00 Value of Improvements - $ 18 269.00 Cost to Cure - $ 0 Temporary Construction Easement - $ 0 Total $ 63,221.00 It is expressly understood and agreed that Owner is retaining title to the following improvements located on the Property described in said Exhibit "A" and shown on Exhibit `B" to wit: NONE Fire Station 2 Replacement — FA2204 — Tract 2 Owner agrees to remove the above -described improvements from the Property on or before 60 Days After Closing, subject, however, to such extensions of time as may be granted by the City, its successor and assigns, in writing; and if, for any reason, Owner fails or refuses to remove same within time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the City, its successors and assigns, forever. If applicable, Owner acknowledges that the total compensation for the Property includes consideration for the relocation of the existing utility which is located within the Property. It shall be the responsibility of the Owner to relocate any improvements (if applicable) outside of the boundaries of the Property on or before 60 Days After Closing (Relocation Period) following the Owner's receipt of compensation from the City for the Property. Owner agrees that the City, and its agent(s) shall have the authority to remove the existing improvements from the Property following the expiration of the Relocation period and Owner hereby grants limited access to the Owner's property for the purpose of removing the improvement as deemed necessary (if applicable). 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 title 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 General Warranty Deed and Temporary Construction Easement, properly executed, conveying fee simple title and an easement interest to such property. 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. Fire Station 2 Replacement— FA2204—Tract 2 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 enure 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. 5.04 Relocation Assistance: It is mutually agreed and understood that any benefits which may accrue under the City's Relocation Assistance Program will be handled entirely separate from and in addition to this transaction. Fire Station 2 Replacement— FA2204—Tract 2 )xx nur 2509 Marko S-Ircct I-X AddItImIA Clm,,cs: NONE' OWNER IS 1.0R]"I I I\ T] 11, \It. VI ()I I I I CITN A\D I I I I -.R R1 -,PRI )I )Wl I(I'Vil"VS )WHI 111RIAN W11-i'Ail'. ill .(c R T I I I tic r- C. f B N.une- Omar Nlendez Title: /CIC / Date. -.-G-1-1-1- r-20-zs-- Fire St .loon 2 Replacerrient - FA2204 - Tr,:jct 2 September, 2024 Project No. 24-0597-05 0.172 Acre Page 1 of 2 EXHIBIT "A" 0 0.172 acre William Scott Survey, Abstract 66, City of Baytown, Harris County, Texas GESSNER Field notes for a 0.172 acre tract of land, lying in and being situated out of the Wiliam Scott Survey, Abstract 66, Harris County, Texas and being all of that certain 0.168 acre tract of land conveyed to Omar Mendez by deed, recorded in File No. 20090076736, Official Public Records of Harris County, Texas, said 0.172 acre tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with cap stamped "GESSNER" set in the southeasterly right-of-way line of Market Street (100' R.O.W.) for the northerly corner hereof and said Mendez 0.168 acre tract, the westerly corner of that certain tract of land conveyed to Richard W Park by deed, recorded in File No. 20090076736 of said official records, from which said POINT OF BEGINNING a 1/2" iron rod found bears South 32'58'29" East a distance of 0.92 feet; THENCE South 32058'29" East a distance of 136.83 feet to a 1/2" iron rod with cap stamped "GESSNER" set in the northwesterly line of that certain 3.109 acre tract of land conveyed to Hudson Street Properties, LLC by deed, described in File No. RP-2019-463431 of said official records for the easterly corner hereof and said Mendez 0.168 acre tract, being the southerly corner of said Richard W. Park tract; THENCE South 31035'29" West a distance of 55.73 feet a 1/2" iron rod with cap stamped "GESSNER" set for the southerly corner hereof and said Mendez 0.168 acre tract, being the easterly corner of that certain 0.195 acre tract of land conveyed to Lupe Gomez Alaniz by deed, recorded in file No. R560299 of said official records; THENCE North 32°59'17" West pass at a distance of 157.13 feet to a 1/2" iron rod found and continuing for a total distance in all of 160.78 feet to a 1/2" iron rod with cap stamped "GESSNER" set in the southeasterly right-of-way line of said Market Street for the westerly corner hereof and said Mendez 0.168 acre tract, being the northerly corner of said Alaniz 0.195 acre tract; CIVIL CONSTRUCTION UATERIALS TESTING GEOTECHNICAL STRUCTURAL SURVEYING Page 2 of 2 THENCE with the southeasterly right-of-way line of said Market Street for the northwesterly line hereof North 57002'55" East a distance of 50.37 feet to the PLACE of BEGINNING, containing 0.172 acre of land, more or less. oov000eoo a 0 000000000toa000000000aooaaoeooa4 t.-ALENN T. DIAL. oeaeoaoa000a0000so�soot000caoap 5168 4 '% 'TIr 0 4Z 5s,U�,.0 O� SUP Glenn Dial R.P.L.S. No. 5168 C:iLfsL C'ONSTRUCTI7N LVJERIALS TESTING GEOTECHNICAL STRUCTURAL SURVEYING EXHIBIT"B" NOTES: LEGEND 1. BEARINGS ARE GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE (4203). NAM DATUM. 0 30 60 AS OBTAINED BY GPS OBSERVATIONS AND REFERENCED TO THE LISCA SMARrNET NETWORK OF NORTH AMERICA. -Ap 5TAYPED COORDINATES SHOWN HEREON ARE GRID. TEXAS STATE PLANE COORD. SYSTEM, CENTRAL ZONE (4203). NAD83 DATUM, EXPRESSED IN U.S. SURVEY FEET. TOPOGRAPHIC ELEVATION DATA WAS GATHERED VIA GPS UNITS AND CONVENTIONAL SURVEY EQUIPMENT SCALE: 1"= 30' (TOTAL STATION). ELEVATIONS AND CONTOURS BASED ON NAVO 88 DATUM ( to 11 xl 7" SHEET) A. 2. THIS TRACT APPEARS TO LIE WITHIN ZONE *AE'AREAS DESCRIBED AS HAVING A 1% ANNUAL CHANCE FLOOD HAZARD AND ZONE 'XAREAS DESCRIBED AS HAVING A 0.2% ANNUAL CHANCE FLOOD HAZARD ACCORDING TO THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR HARRIS COUNTY, TEXAS AND INCORPORATED AREAS, COMMUNITY NO.48201C, PANEL NO. 0955M. MAP NO. 48201C0955M. EFFECTIVE DATE: JANUARY 6. 2017. 3. THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF AN ENCUM8RANCE REPORT. NO DEED RESEARCH WAS CONDUCTED TO DETERMINE APPLICABLE EASEMENTS. THIS SURVEY DOES NOT REPRESENT THAT ALL MAR"T MEET AMICABLE EASEMENT ARE SHOWN HEREON. (100' R.O.W.) ACTUAL LOCATIONS OF UNDERGROUND UTILITIES MAY VARY FROM LOCATIONS SHOWN HEREON AND ITS ADDITIONAL BURIED UTILMES MAY BE ENCOUNTERED. NO EXCAVATIONS WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIED UTILITIES. ALL OF WHICH MUST BE POTHOLED (FIELD LOCATED) PRIOR TO CONSTRUCTION. �� N 5702'55" E 50.37' N 57-02-55- E 108 2.82 POINT OF BEGINNING z 0 OD Ln OD 's V* rn Irn u OD CA 1 41 GESSNER PLAT OF SURVEY ENGINEERING 0.172 ACRE OUT OF WILLIAM SCOTT SURVEY, A-66 CITY OF BAYTOWN, HARRIS COUNTY, TEXAS SCALE: 1"=30' AUGUST, 2023 SHEET 1 OF 1 7 4 REVISED: 06-10-2025• REVISED DISTANCE ALONG• 9-26-2024 JHM NORTHEAST LINE GTDICM 24-0597