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
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TX Engineers Firm No. 13574 2 of 2 'QBPELS Firm No. 10194392