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HomeMy WebLinkAboutOrdinance No. 16,558 (Item 7.c.)ORDINANCE NO. 16,558 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE WITH GARY AND KATHY VANDERBEEK PURSUANT TO THE AGREED FINAL JUDGMENT IN THE MATTER STYLED GARY VANDERBEEK AND KATHY VANDERBEEK V. CITY OF BAYTOWN; NO. 1255667; IN COUNTY CIVIL COURT AT LAW NO. 4 OF HARRIS COUNTY, TEXAS, RELATED TO ALLEGED PROPERTY DAMAGE ASSOCIATED WITH THE SJOLANDER/CROSBY CEDAR BAYOU 2 & 3 UTILITY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT NOT TO EXCEED SIXTY-EIGHT THOUSAND, FIVE -HUNDRED DOLLARS ($68,500.00); 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 a Compromise Settlement Agreement and Release ("Release") with Gary and Kathy Vanderbeek related to alleged property damage associated with the Sjolander/Crosby Cedar Bayou 2 & 3 Utility Project. A copy of the Release 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 Gary and Kathy Vanderbeek in an amount not to exceed SIXTY-EIGHT THOUSAND, FIVE -HUNDRED DOLLARS ($68,500.00) 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 27th day of August, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: Scott Lemond, City Attorney R:\Ordinances and ResolutionslOrdinance Drafts\2026-08-27\0rd-Stl Agt-Vanderbeek-SL.docx EXHIBIT A GS Ally General Solutions, 1.LC dbo AGS Engineering & Construction LLC €NGiNERINr, CORSTRuvrioN 5300 Hollister Road, Ste. 111 DBE/MBE/HUB/SBE Houston, Texas 77040 281-888-7682 METES AND BOUNDS DESCRIPTION OF A 0.4288 ACRE OF LAND SITUATED IN THE CHRISTIAN SMITH SURVEY, ABSTRACT NO. 69 CITY OF BAYTOWN HARRIS COUNTY, TEXAS BEING 0.4288 ACRE (18,679 SQUARE FEET) TRACT OF LAND SITUATED IN THE CHRISTIAN SMITH SURVEY ABSTRACT NO.69, CITY OF BAYTOWN, HARRIS COUNTY, TEXAS AND BEING OUT OF A CALLED 6.541 ACRE TRACT OF LAND AS DESCRIBED IN A DEED CONVEYED TO GARY VANDERBEEK RECORDED UNDER CLERK FILE NO.20090556249 (50% INTEREST) AND CLERK FILE NO.20100492578 (50% INEREST) OF THE OFFICIAL PUBLIC RECORDS REAL PROPERTY HARRIS COUNTY, TEXAS (O.P.R.P.H.C.T.), AND BEING MORE PARTICULAR DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH CAP STAMPED "WELLS 5742" FOUND FOR CORNER (HAVING GRID COORDINATES: N=13,851,607.83 E=3,255,587.23) MARKING THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY (R.O.W.) LINE OF CROSBY CEDAR BAYOU ROAD (RECOGNIZED 60-FOOT WIDE) AND THE NORTHWESTERLY R.O.W. LINE OF SOUTHERN PACIFIC RAILROAD (RECOGNIZED 100- FOOT WIDE), BEING THE MOST SOUTHERLY NORTHEASTERLY CORNER OF A CALLED 1.9203 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN AS CONVEYED TO OSCAR CAZARES AND THELMA GONZALEZ AS RECORDED UNDER CLERK FILE NO. 2024-286713 OF THE O.P.R.P.H.C.T.; THENCE, SOUTH 24°50'44" WEST, ALONG SAID NORTHWESTERLY R.O.W. LINE OF SAID SOUTHERN PACIFIC RAILROAD, A DISTANCE OF 79.29 FEET TO A 1-INCH IRON PIPE FOUND FOR CORNER, BEING THE SOUTHEASTERLY CORNER OF SAID 1.9203 ACRE TRACT, SAME BEING THE NORTHEASTERLY CORNER OF SAID 6.541 ACRE TRACT, AND BEING THE NORTHEASTERLY CORNER AND POINT OF BEGININNG (HAVING GRID COORDINATES: N=13,851,535.04, E=3,255,544.58) OF THE HEREIN DESCRIBED PARCEL; THENCE, SOUTH 24°50'44" WEST (CALLED SOUTH 28-45-12" WEST, 849.77 FEET), CONTINUING ALONG SAID NORTHWESTERLY R.O.W. LINE OF SAID SOUTHERN PACIFIC RAILROAD, , A DISTANCE OF 849.77 FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER, BEING THE NORTHEASTERLY CORNER OF A CALLED 4.0119 ACRE TRACT OF LAND AS DESCRIBED IN A DEED AS CONVEYED TO CYNTHIA AND GERALD NORRIS RECORDED UNDER CLERK FILE NO. RP-2022-37894 O.P.R.P.H.C.T., BEING SOUTHEASTERLY CORNER OF SAID 6.541 ACRE TRACT, AND BEING THE SOUTEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE, NORTH 76°37'48" WEST (CALLED SOUTH 80-32-16" WEST, 29.77 FEET), ALONG THE NORTHERLY LINE OF SAID 4.0119 ACRE TRACT, A DISTANCE OF 27.97 FEET TO A 1/2-INCH IRON ROD WITH CAP, STAMPED "RPLS 4980" FOR CORNER, BEING THE SOUTHEASTERLY CORNER OF A CALLED 6.316 ACRE TRACT OF LAND AS DESCRIBED IN A DEED AS CONVEYED TO BETTY AND BOBBY NORRIS RECORDED UNDER CLERK FILE NO. X376406 O.P.R.P.H.C.T., BEING THE CALLED INTERIOR CORNER OF SAID 6.541 ACRE TRACT, AND BEING SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; TX Engineers Firm No. 13574 1 of 2 TBPELS Firm No. 10194392 GSENGINEERIY DBE/MBE/HUB/SBE Ally General Solutions, LLC dba AGS Engineering & Construction LLC 5300 Hollister Road, Ste. 111 Houston, Texas 77040 281-888-7682 THENCE, NORTH 24°50'44" EAST, OVER AND ACROSS SAID 6.541 ACRE TRACT ALONG A LINE BEING 22-FEET WESTERLY AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID CALLED 6,541 ACRE TRACT, A DISTANCE OF 850.17 FEET TO A POINT FOR CORNER, BEING ON THE SOUTHERLY LINE OF AFOREMENTIONED 1,9203 ACRE TRACT, BEING ON THE NORTHERLY LINE OF SAID 6.541 ACRE TRACT, AND BEING THE NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE, NORTH 77°16'38" EAST (CALLED NORTH 81-11-06" EAST), ALONG SAID SOUTHERLY LINE OF SAID 1.9203 ACRE TRACT, SAME BEING ALONG SAID NORTHERLY LINE OF SAID 6.541 ACRE TRACT, A DISTANCE OF 27.73 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.4288 ACRE (18,679 SQUARE FEET) OF LAND. A SURVEY PLAT OF EVEN DATE WAS PREPARED IN CONJUNCTION WITH THIS PROPERTY DESCRIPTION. ZLJ-Pamkcot� -- Daniel Paul Coyer, R.P.L.S. Texas Registered Professional Ud Surveyor No. 4867 Ally General Solutions, LLC dba AGS Engineering & Construction 5300 Hollister Road, Suite 111 Houston, Texas 77040 (281) 888 — 7682 - Office TBPELS Survey Firm No. 10194392 April 20, 2026 Job No. 0231-022-26, 22-Foot W.L.E. or DANIEL .PAUL .COYER C��12Uy v �e TX Engineers Firm No. 13574 2 of 2 'QBPELS Firm No. 10194392