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CC Resolution No. 2380RESOLUTION NO. 2380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF I -10 SJOLANDER, LLC, FOR THE ANNEXATION OF APPROXIMATELY 1.49 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF SJOLANDER ROAD AND EAST FREEWAY, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Section 43.052 of the Texas Local Government Code provides that the City may annex property without an annexation plan if the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract or if more than 50 percent of the real property owners in the area proposed for annexation submit a petition for annexation; and WHEREAS, the City of Baytown received a petition filed by I -10 Sjolander, LLC, for the annexation of approximately 1.49 acres of land located at the southwest corner of Sjolander Road and East Freeway, Harris County, Texas; and WHEREAS, on this date, the City Council heard the petition and the arguments for and against the annexation and desires to grant the petition; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby grants the petition of I -10 Sjolander, LLC, for the voluntary annexation of approximately 1.49 acres of land located at the southwest corner of Sjolander Road and East Freeway. Said petition is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Planning and Development Services Department to prepare a service plan for the property identified in Section 1 hereof. Section 3: This resolution shall take effect immediately from ands Council of the City of Baytown. , , INTRODUCED, READ and PASSED, by the affirmative vote of Baytown this the 8`I' day of October, 2015. ST�PHENtt.-t A ETICIA BRYSCH, City Clerk APPROVED AS TO FORM: 1,10 o 6 eve e 0 0 NACIO RAMIREZ, SR., C& ttomey 4`41011�d�� its passage by the City City Council of the City of �COBFSOI '+Legal%KarenaFiles,City CounciPResolutions\2015 '.October 8` GrantingAnnexationPetitionofl- IOSjolanderLLC.doc Mayor Exhibit "A" CITY OF BAYTOWN AIMW PETITION REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRIS /CHAMBERS COME NOW, - t) LLC. describes as follows to -wit , Owner(s) of the real property (Describe property and attach metes and bounds) (State property location, for example, the property is located north of 1 -10 near N. Main Street.) (State the purpose of this annexation - What will be built, placed, etc.) Residential /Manufactured (Number of Lots) Multifamily (Number of Units) Pi Commercial Business (Business type. tS , .i RV Park (Number of Pads) Restaurant (Number of seats) Hotel /Motel (Number of Beds) Office Building (Number of Occupants) Retail (Number of Washrooms) Other (description) Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residence or on which fewer than three qualified voters reside. (1), (We), , the Owner(s) of the above - described proptfrty request annexation of the property by the City of Baytown. IGN TU thi the day of 20 4� Own l Owner R0%. I F6 .a�, Type Name Title Type Name & Title -7,41 Address Address 713. 9S7 /S�ID Telephone Number Telephone Number Email Ad ress Email Address Acknowledgement State of Texas County of Harris / Chambers § RE the undersigned authority, on this day personally appeared U , know to me to be the person(s) whose name(s) is /are subscrib d hereto, and w o acknowledged that he /she /they executed the same for the purpose and consideration therein expressed. To certify which witness my hand and official seal on this the — day of 'f' —'20 /S. CVW CARROLL MY COM IN Expires (seal) j �•.,� APO APO 1a, 2017 Corporate Acknowledgement State of Texas County of Harris /Chambers Notary u H M 'STATEOFTEXAS § This instrument was acknowledged before me on , 20 %S�, by I&C /61-4 as 0" of _r:7 169 4�eze4. LLL a corporation and on behalf of said corporation. To certify which witness my hand and official seal on this the Z� day of 20 1 �� CVW CARROLL N ublic' STATE OF T E X A S OF CWmkwm ftkft (seal) °aa�' Apr! M 2017 AFTER RECORDING, RETURN TO: City of Baytown Attn: Planning Department P. O. Box 424 Baytown, TX 77522 -0424 r- Y ` Sir 8 � a 0 =§ a ��"•L� g��p�$� g hCG6� i � 3 3 a n3 lit ' �b 2 11,01 x,11!. w �� Al YYF Uip too f avon H30W fors � bass ro�t.c 9 rg JOt°i 3.91.1tjt 0 m B 'r iY Qr ,6�YR� I s tl LLa $$ Ww N 4�62,4T,�9 tig 22 n9 It 'iT i '111,11 °1 T lit II ° I 4q' }i�° I� d6; 8,.. �sl LEGAL DESCRIPTION 1.492 ACRES A TRACT OR PARCEL CONTAINING 1.492 ACRES (65,000 SQUARE FEET) OF LAND SITUATED IN THE ASHBEL SMITH SURVEY, ABSTRACT 954, HARRIS COUNTY, TEXAS, BEING OUT OF AND PART OF A 60.200 ACRE TRACT CONVEYED FROM SAMUEL VALLAGOMESA AND WIFE ELIZABETH VALLAGOMESA TO 1 -10 SJOLANDER, LLC., IN HARRIS COUNTY CLERKS FILE NO. 20140462148, SAID 1.492 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. THE BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF INTERSTATE 10 FRONTAGE ROAD (RIGHT OF WAY WIDTH VARIES) AND THE WEST RIGHT OF WAY LINE OF SJOLANDER ROAD (RIGHT OF WAY WIDTH VARIES) FOR THE NORTHEAST CORNER OF SAID 60.200 ACRE TRACT, BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 16 DEGREES 47 MINUTES 18 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID SJOLANDER ROAD AND THE EAST LINE OF SAID 60.200 ACRE TRACT, A DISTANCE OF 203.86 FEET TO A 5/8 IN CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 78 DEGREES 04 MINUTES 42 SECONDS WEST, ACROSS SAID 60.200 ACRE TRACT, A DISTANCE OF 320.00 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR SOUTHWEST CORNER OF THE HEREIN TRACT; THENCE NORTH 16 DEGREES 47 MINUTES 18 SECONDS WEST, ACROSS SAID 60.200 ACRE TRACT, A DISTANCE OF 203.86 FEET TO A 5/8 INCH CAPPED IRON SET IN THE SOUTH LINE OF SAID INTERSTATE 10 FRONTAGE ROAD FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 78 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE SOUTH LINE OF INTERSTATE 10 FRONTAGE ROAD A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING CONTAINING 1.492 ACRES OF LAND, MORE OR LESS. Print Details Page l of 2 HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2015 REAL PROPERTY ACCOUNT INFORMATION 0460540000012 'S� Print Owner and Property Information Owner Name & 110 S30LANDER LLC Legal Description: T'R 11K Meiling Address: 7401 WESTVIEW DR ABST 954 A SMITH HOUSTON TX 77055 -5123 Property Address: 0 INTERSTATE 10 HWY 0 BAYTOWN TX 77521 State Class Code Land Use Cade Building Class Total Units D1 -- Real, Qualified Agricultural Land 9910 -- Agricultural Land 04/03/2015 0 Land Area Building Area Net Rentable Area Neighborhood Market Area Map Facet Key Mapes' 2,622,312 SF 0 0 9451 4022 -- East Loop North 6460C 4625 Value Status Information Capped Account Value Status Notice Date Shared CAD No Noticed 04/03/2015 No El ExemoUons and 3urisdietlons Exemption Type Districts Jurisdictions ARB Status 2014 Rate 1 2015 Rat None 016 GOOSE CREEK CISD Not Certified 1.431890 615,938 040 HARRIS COUNTY Not Certified 0.417310 Improvement 041 HARRIS CO FLOOD CNTRL Not Certified 0.027360 Factor 042 PORT OF HOUSTON AUTHY Not Certified 0.015310 5,117 043 IHARRIS CO HOSP DIST Not Certified 0.170000 Total 044 HARRIS CO EDUC DEPT Not Certified 0.005999 1.00 046 LEE JR COLLEGE DIST Not Certified 0.260700 of Ag Land 051 CITY OF BAYTOWN Not Certified 0.822030 664 HC EMERG SRV DIST 75 Not Certified 0.093790 Valuations Value as of January 1, 2014 Line Value as of January 1, 2015 Site Unit Market Appraised Site Market Appraised Land 615,938 Adj Unit Land 1,196,811 Improvement 0 Improvement 0 Factor Ag/Tmbr /Spc 5,659 Price Ag/Tmbr /Spc 5,117 1 Total 615,938 5,659 Total 1,196,811 51117 Land Market Value / Agricultural Land Line Description Site Unit Units Size Site Appr 0/ft Appr O/R Total Unit Adj Unit Value Code Type Factor Factor Factor Reason Ad j Price Price 1 9910 -- Mkt Value ACS AC 7.0000 1.00 1.00 1.00 -- 1.00 108,900.00 108,900.00 762,300.00 of Ag Land 2 9910 -- Mkt Value AC2 AC 53.2000 1.00 1.00 0.75 -- 0.75 10,890.00 8,167.50 434,511.00 of Ag Land Agricultural Value Line Description Site Unit Units Site Appr 0/R O/R Total Unit Adj Unit Value Code Type gFacto Factor Factor Reason Adj Price Price 1 9063 -- Harris Hay -- AC 60.2000 1.00 1.00 -- 1.00 85.00 85.00 5,117.00 Bulldtng http: / /www.hcad.org/records/ print. asp? crypt= %94 %9A %BO %94 %BFg %84 %91 %85zmh %... 8/3/2015 Print Details Page L or Z Vacant (No Building Data) i http: / /www.head.org/ records / print. asp? crypt= %94 %9A ° /aB0 %94 %BFg %84 ° /`91 %85zmh %... 8/3/2015 Print Details Page 1 of 2 HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2014 REAL PROPERTY ACCOUNT INFORMATION 0460540000012 aPrint Owner and Property Information Owner Name & 110 S30LANDER LLC Legal Description: TR 1K Mailing Address: 7401 WESTVIEW DR ASST 954 A SMITH HOUSTON TX 77055 -5123 Property Address: 0 INTERSTATE 10 HWY 0 BAYTOWN TX 77521 State Class Code Land Use Code Building Class Total Units Di -- Real, Qualified Agricultural Land 9910 -- Agricultural Land -- 0 Land Area Building Area Net Rentable Area Neighborhood Market Area Map Facet Key maps 2,622,312 SF 0 0 9451 4022 -- East Loop North 6460C 462S Value Status Information Capped Account Value Status Notice Date Shand CAD No Noticed 04/07/2014 No Exemodons and 3urisdktions Exemption Type Districts Jurisdictions ARB Status 2013 Ratel 2014 Rate None 016 GOOSE CREEK CISD Name Change: 01/09/2015 1.3867901 1.431890 040 HARRIS COUNTY Name Change: 01/09/2015 0.4145501 0.417310 041 HARRIS CO FLOOD CNTRL Name Chan e: 01/09/2015 0.0282701 0.027360 042 PORT OF HOUSTON AUTHY Name Change: 01/09/2015 0.0171601 0.015310 043 HARRIS CO HOSP DIST Name Change: 01/09/2015 0.17011001 0.170000 044 HARRIS CO EDUC DEPT Name Change: 01/09/2015 0.006354 0.00599 046 LEE JR COLLEGE DIST Name Change: 01/09/2015 0.2607001 0.26070 051 CITY OF BAYTOWN Name Change: 01/09/2015 0.82203 0.822030 664 HC EMERG SRV DIST 75 Name Change: 01/09 015 0.099620 0.093790 Valuations Value as of January 1, 2013 Value / Agricultural Value as of January 1, 2014 Line Description Market Appraised Units Market Appraised Land 615,938 Total Land 615,938 Value Improvement 0 Code Improvement 0 Factor Ag/Tmbr /Spc 5,719 Reason Ag/Tmbr /Spc 5,659 Price Total 1 615,9381 5,719 Total 615,938 5,659 Land Market Value / Agricultural Land Line Description Site Unit Units Size Site O P O /Rr Total Unit Adj Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 9910 -- Mkt Value of AC1 AC 7.0000 1.00 1.00 1.00 -- 1.00 21,780.00 21,780.00 152,460.00 Ag Land 2 9910 -- Mkt Value of AC2 AC 53.2000 1.00 1.00 1.00 -- 1.00 8,712.00 8,712.00 463,478.00 Ag Land Agricultural Value Line Description Site Unit Units Stze Site Appr 0/11 Appr 0/11 Total Unit Adj Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 9063 -- Harris Hay -- AC 60.2000 1.00 1.00 1.00 -- 1.00 94.00 94.00 5,659.00 Building http: / /www.hcad.org/ records / print. asp? crypt= %94 %9A %BO %94 %BFg %84 %91 %85zmh %... 8/3/2015 Print Details Vacant (No Building Data) rage 1 or t http: / /www.hcad.org/ records /print. asp? crypt= %94 %9A %BO %94 %BFg °/a84 %91 %85zmh %... 8/3/2015 Print Details Page 1 of I HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2013 REAL PROPERTY ACCOUNT INFORMATION 0460540000012 ISPrint Owner and Property Information Owner Name & VALLAGOMESA SAMUEL Legal Description: TR 11K Mailing Address: 5314 BAYOU BLVD ABST 954 A SMITH BAYTOWN TX 77521 -8605 Property Address: 0 INTERSTATE 10 HWY 0 BAYTOWN TX 77521 State Class Code Land Use Code Building Class Total Units D1 -- Real, Qualified Agricultural Land 9910 -- Agricultural Land -- 0 Land Area Building Area Net Rentable Area Neighborhood Market Area Map Facet Key Maps 2,622,312 SF 0 0 9451 4022 -- East Loop North 6460C 4625 Value Status Information Capped Account Value Status Notice Date Shared CAD No Noticed 07/19/2013 No Exemotlons and Jurisdictions Exemption Type Districts Jurisdictions ARB Status 2012 Rat 2013 Rate None 016 GOOSE CREEK CISD Supplemental: 09/13/2013 1.3321301 1.386790 040 HARRIS COUNTY Supple ental: 09/13/2013 0.40021 0.414550 041 HARRIS CO FLOOD CNTRL Supplemental: D9/13/2013 0.0280901 0.028270 042 PORT OF HOUSTON AUTHY Supplemental: 09/13/2013 0.0195201 0.017160 043 HARRIS CO HOSP DIST Supplemental: 09/13/2013 0.1821601 0.170000 044 HARRIS CO EDUC DEPT Supplemental: 09/13/2013 0.006617 0.006358 046 LEE JR COLLEGE DIST Supplemental: 09/13/2013 0.241 0.26070 664 HC EMERG SRV DIST 75 Supplemental: 09/13/2013 0.100 0.09962 Valuations Value as of January 1, 2012 Value/ Agricultural Value as of January 1, 2013 Line Description Market Appraised Units Market Appraised Land 615,938 Total Land 615,938 Value Improvement 0 Code Im rovement 0 Factor Ag/Tmbr /Spc 5,719 Reason Ag/rmbr /Spc 5,719 Price Total 615,938 5,719 Total 615,9381 5,719 Land Market Value/ Agricultural Land Line Description Site Unit Units Size Site Appr 0/R Appr O/R Total Unit Adj Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 9910 -- Mkt Value of ACl AC 7.0000 1.00 1.00 1.00 -- 1.00 21,780.00 21,780.00 152,460.00 Ag Land 2 9910 -- Mkt Value of AC2 AC 53.2000 1.00 1.00 1.00 -- 1.00 8,712.00 8,712.00 463,478.00 Ag Land Agricultural Value Line Description 51te Unit Units Size Site Appr 0/11 Appr 0/11 Total Unit Adj Unit Value Code T ype Factor Factor Factor Reason Adj Price Price 1 9063 -- Harris Hay -- AC 60.2000 1.00 1.00 1 1.00 -- 1.00 95.00 95.00 5,719.00 httpJ lwww.hcad.org/records/print. asp? crypt= %94 %9A %BO %94 %BFg %84 %91 %85zmh %... 8/3/2015 H(.AL .*) - Year Value History rage i or i APPRAISED VALUE HISTORY: 0460540000012 BPrint Tax Year: 2013 2012 2011 2010 2009 Ag/Tmbr /Spc : $5,719 5,719 5,719 5,779 5,900 Appraised Value: $5,719 5,719 5,719 5,779 5,900 {The appraised value shown on this screen may be less than the property's January 1 market value If the property is a residence homestead and Is subject to a cap on annual increases In appraised value.) -close window- http:// www .hcad.org/records/HistoryValue. asp ?currenttaxyeai = 2013 &LastTaxYear — &acct =... 8/3/2015 HC:AD S - Year Value History rage 1 or i APPRAISED VALUE HISTORY: 0450130050211 E'Print Tax Year: 2015 2014 2013 2012 2011 Appraised Value: $162,714 162,714 162,714 162,714 11,928 (The appraised value shown on this screen may be less than the property's January 1 market value if the property is a residence homestead and is subject to a cap on annual increases in appraised value.) -close window- http:// www .hcad.org/records/HistoryValue .asp ?currenttaxyear = 2015 &LastTaxYear = &acct =... 8/3/2015 c� Amendment No. 2 to Company Agreement of 1 -10 Sjolander, LLC, A Texas limited liability company This Amendment No. 2 to Company Agreement of I -10 Sjolander, LLC (this "Amendment No. 2 "), dated as of November _, 2014, is entered into by and among I -10 Sjolander, LLC, a Texas limited liability company (the "Company "), and the undersigned parties, each of whom is a member of the Company. Recitals The Company was formed in 2008 and all of the undersigned parties other than the Company (the "Members" and individually a "Member') constitute the entire group of owners or Members of the Company. Each of the Members is a party to that certain Company Agreement Of I -10 Sjolander, LLC, effective as of January 28, 2009 ("Original Company Agreement,% as amended by that certain "Amendment to Company Agreement" dated on or about January 28, 240 �ndtme�n:,�Nq. 1" (the Original Company Agreement, as amended by Amen ent o. 1, and as d or modified on or before the date hereof, being referred to in this Amendment No. 2 as the "Company Agreement "), Each Member is a Member of the Company as defined in the Company Agreement. The parties hereto desire to amend further the Company Agreement as set forth in this Amendment No. 2. NOW, THEREFORE, in exchange for the mutual agreements of the parties set out below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Revised Exhibit A to Company Agreement. Effective as and after the date of this Amendment No. 2: (a) Exhibit A of the Company Agreement is hereby deleted in its entirety and replaced with Exhibit A, attached hereto and made a part hereof; (b) As such, each Member confirms, acknowledges and agrees that, effective as of and after the date of this Amendment No. 2, the Percentage Interests of the Members as set out on the attached Exhibit A is true, complete and correct. (c) Each Member also confirms, acknowledges and agrees that such Member owns all right, title and interest in and to the Percentage Interest in the Company as set out on the attached Exhibit A, that such Percentage Interest represents the Member's entire ownership interest in the Company, and that the address for such Member on Exhibit A hereto is correct. 2. Consent and Vote for Sale of Property. Each of the undersigned Members approves of, consents to and votes for the sale to the party commonly referred to by the parties hereto as "Maple Multi- Family Land TX, L.P. ", a Delaware Iimited partnership affiliates), of the real property and improvements thereon owned b the Company, for the and upon such terms and conditions as the Managers) of the Company shall a Y� P P Y approve of, and for Z Each of the parties to this Amendment No. 2 hereby further ratifies, consents to and agrees to the Company's acceptance of the funds advanced by the parties as described in clauses (x) and (y) above, and the other transactions relating thereto. 4. Manager(s). The parties hereto confirm, acknowledge and agree that the sole Manager of the Company is James Robert Kimbrough II. To the extent required by the Company Agreement or otherwise, each Member hereby votes his, her or its Percentage Interests for the foregoing. S. General. Each capitalized term used in this Amendment No. 2 that is not otherwise defined herein has the meaning given that term in the Company Agreement. Each of the parties hereto hereby confums and agrees that the Company Agreement, as amended by this Amendment No. 2, is and shall be the Company Agreement of the Company, unless and until the same is further amended or modified in accordance with the terms of the Company Agreement and this Amendment. This Amendment No. 2 may be executed in one or more counterparts, by facsimile or electronic signatures or otherwise, each of which shall constitute an original and all of which together shall constitute one and the same instrument, effective as of the date first above written. [Remainder ofpage left blank, signature pages follows)