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Ordinance No. 13,934ORDINANCE NO. 13,934 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 SERVICES AGREEMENT WITH SORIA CONSTRUCTION, INC.; 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 and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Services Agreement with Soria Construction, Inc. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 8h day of November, 2018. APPROVED AS TO FORM: NACIO RAMIREZ, SR ity Attorney - CHARLES R. JO SON, Mayor Pro Tem \\COBFSOI\Legal\Karen\Files\City Council\Ordinances\2018\November 8\ServicesAgreeementwithSoriaConshuction.doc Exhibit "A" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Soria Construction, Inc. (the "Owner") owns the property more specifically identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is subject to a development agreement, which allows the area to remain outside the City limits under certain terms and conditions; and WHEREAS, the Owner has requested annexation of the Property; and WHEREAS, pursuant to Section 43.0672 of the Texas Local Government Code, the City of Baytown (the "City") and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner (collectively the "Parties") do hereby mutually agree as follows: 1. Services to be provided. The Parties agree that upon annexation, the City will provide the following services, which shall be provided at a comparable level to that provided to other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected on the Property as of the date hereof. a. Fire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b. Police. The City, through its Police Department, will provide law enforcement services to the Property. C. Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water, and animal control to the Property. d. Planning and Development. The City, through its Planning and Development Services Department; -will provide development and building services to the Property, including code enforcemiriftervices. e. Utili The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer; storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these services from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However, nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. Services Agreement, Page 1 2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. 3. Remedies. Should the City fail to provide the services within the time period specified in Section I hereof the Owner shall give written notice of such failure to the City and provide an opportunity for the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured, the Owner's sole remedy is to seek disannexation. If the property is disannexed, the City shall be relieved of any and all obligations to provide those services specified in Section 1 hereof to the Property. 4. Miscellaneous Provisions. (a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. (b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (c) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambi ug ities. In the event of any ambiguity in any of the terns of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (e) Headings. The headings appearing at the fust of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. (g) Venue. Venue for this Agreement shall be in Harris County, Texas. (h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (i) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Services Agreement. Page 2 0) Aereement Read. The parties acknowledge that they ha%a read, understand and intend to be bound by the terns and conditions of this Agreement. (k) Authoritv. The Owner co%enants that he she it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he she represents. Entered into this..— day of A! ,t Lt_Jjj' , 2018 OWNER: SORIA CONSTRUCTION, INC. (Signature) (tinted Name) (Title STATE OF TEXAS § COUNTY OF HARRIS Bre me, n„' t 1 '� ,the undersigned notary public, on this day personally appearcd'JGU)i jjp Gti— the of SORIA CONSTRUCTION, INC. L,-' known to me proved to me on the oath of or proved to me through his/her current { description of identification card or other document issued by the federal go%ernment or any state government that contains the photoLraph and signature ort e acknowledging person; (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he she executed that instrument for the purposes and consideration thereip ex ress d. �. Given under my hand and seal of off-iceJI this day of { 4t/b U'Y 1201.9. DANA H GAINER Notary Public, State of Tex s j "OtaryPi6, atm of Tem CITY OF BAYTOWN RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk nBF%nl Lcgal later Fdc< Contra t % olunnn \mimuon \grcemem for Sen i. cs Sarni CogwradonServices \grernwiwdr4 Set % we.s A�_,i (anent. Pane 3 Exhibit "A" STATE OF TEXAS) COUNTY OF HARRIS) OVERALL TRACT) FIELD NOTES of a 31.300 acres or 1,363,409 square feet of land situated in the Christian Smith Survey, Abstract 69, Harris County, Texas and being all of that certain called 31.299 acres conveyed by Melissa Olson to Soria Construction, Inc. by deed dated July 5, 2016 and recorded under County Clerk's File #RP -20 1 6-29 1 766 of the Official Public Records of Real Property of Harris County, Texas. This 31.300 acres is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =- 0.999894274. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a 5/8 inch iron rod found in the North line of Massey -Tompkins Road (width varies) as recorded in County Clerk's File 0013904 of the Official Public Records of Real Property of Harris County, Texas for a Southerly Southeast corner of the Sherwood Manufactured Home Community according to the map recorded in Film Code #409002 of the Map Records Harris County, Texas, a Southerly Southeast corner of that certain called 19.96 acres conveyed by Sherwood MHC Investors, LP, et al to JT Community Partners, LP by deed dated November 14, 2012 and recorded under County CIerk's File #20120548115 of the Official Public Records of Real Property of Harris County, Texas, the Southwest comer of said 31.299 acres tract and the Southwest corner of this tract Said POINT OF BEGINNING has a State Plane Coordinate Value of Y 13,848,076.70 and X 3,255,091.53; THENCE: North 13° 23' 19" West along an East line of said Sherwood Manufactured Home Community, an East line of said 19.96 acre tract, the most Southerly West Iine of said 31.299 acre tract and the most Southerly West line of this tract for a distance of 878.87 feet to a 5/8 inch iron rod, found for an interior East corner of said Sherwood Manufactured Home Community, an interior East corner of said 19.96 acre tract, the most Southerly Northwest corner of said 31.299 acre tract and the most Southerly Northwest comer of this tract; THENCE: North 77° 00'37" East along the most Easterly South line of said Sherwood Manufactured Home Community, the most Easterly South line of said 19.96 acre tract, the most Southerly North line of said 31.299 acre tract and the most Southerly North line of this tract for a distance of 136.15 feet to a 5 8 inch iron rod, found for the most Northerly Southeast corner of said Sherwood Manufactured Home Community, the most Northerly Southeast comer of said 19.96 acre tract, an interior corner of said 31.299 acre tract and an interior corner of this tract; PAGE 2 — 31.300 ACRES, OVERALL TRACT THENCE: North 13° 23' 19" West along the most Northerly East line of said Sherwood Manufactured Home Community, the most Northerly East line of said 19.96 acre tract, the most Northerly West line of said 31.299 acre tract and the most Northerly West line of this tract for a distance of 738.78 feet to a 5/8 inch iron rod, found in the Southerly line of that certain called 6.017 acres conveyed by William Costlow, et al to Francisco Zepeda by deed dated January 5, 2017 and recorded under County Clerk's File #RP -2017-10597 of the Official Public Records of Real Property of Harris County, Texas for the Northeast corner of said Sherwood Manufactured Home Community, the Northeast comer of said 19.96 acre tract, the most Northerly Northwest corner of said 31.299 acre tract and the most Northerly Northwest comer of this tract; THENCE: North 77° 00' 37" East along the Southerly line of said 6.017 acre tract, the most Northerly North line of said 31.299 acre tract and the most Northerly North line of this tract for a distance of 768.12 feet to a 5/8 inch iron rod, found for the Northwest comer of that certain called 7.19 acres conveyed by Baycreek Properties Limited Partnership to Alberto Garcia, et ux by deed dated August 19, 2013 and recorded under County Clerk's File #20130431380 of the Official Public Records of Real Property of Hams County, Texas, the Northeast comer of said 31.299 acre tract and the Northeast corner of this tract; THENCE: South 13° 26'47" East along the Westerly line of said 7.19 acre tract, the West line of that certain called 4.0 acres conveyed by Baycreek Properties Limited Partnership to Lonnie Franta, et ux by deed dated October 25, 2002 and recorded under County Clerk's File #W207560 of the Official Public Records of Real Property of Harris County, Texas, the West line of that certain called 1.664 acres conveyed by Barbara Reep to Kent Reep by deed dated July 29, 2003 and recorded under County Clerk's File #W883015 of the Official Public Records of Real Property of Harris County, Texas, the West line of that certain called 1.00 acres conveyed by Verda Shaw to Lonnie Franta, et ux by deed dated July 16, 1969 and recorded under County Clerk's File #C950806 Deed Records of Harris County, Texas, the West line of that certain called 0.9531 acre conveyed by Est. of Bernice Hardison, et al to Sherrill Hardison by deed dated April 20, 2011 and recorded under County Clerk's File #20110187842 of the Official Public Records of Real Property of Harris County, Texas, the East line of said 31.299 acre tract and the East line of this tract for a distance of 1620.20 feet to a 5/8 inch iron rod, found in the north right-0of-way line of said Massey -Tompkins Road for the Southwest corner of said 0.9531 acre tract, the Southeast corner of said 31.299 acre tract and the Southeast corner of this tract; THENCE: South 77° 53' 33" West along the North right-of-way line of said Massey -Tompkins Road, the South line of said 31.299 acre tract and the South line of this tract for a distance of 414.48 feet to a 1/2 inch iron rod with cap (BHA), set for the BEGINNING POINT of a curve to the left, concave Southerly; PAGE 3 — 31.300 ACRES, OVERALL TRACT THENCE: Along and around said curve to the left, in a Westerly direction, along the North right- of-way line of said Massey -Tompkins Road, the South line of said 31.299 acre tract and the South line of this tract, said curve having a radius of 1949.86 feet, a central angle of 06° 04'29", a chord bearing and distance of South 74° 5 P 29" West 206.63 feet, for an arc length of 206.72 feet to a 1/2 inch iron rod with cap (BHA), set for the TERMINATION POINT of said curve; THENCE: South 77° 47' 49" W along the North right-of-way line of said Massey -Tompkins Road, the South line of said 31.299 acre tract and the South line of this tract for a distance of 285.03 feet to the POINT OF BEGINNING and containing within these boundaries 23.300 acres or 1,363,409 square feet of land. SURVEYOR'S CERTIFICATE I, Glen H. Freeland, Registered Professional Land Surveyor No. 5758, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in May of 2018 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 17t` day of August, A. D., 2018. X�z'? A �'V- Glen H. Freeland R. P. L. S. No. 5758 18-6024.fdn.overall.docx Hutchison & Associates, Inc. 1209 Decker Drive, Suite 100 Baytown, TX 77520 Engineering Firm #F-267 Surveying Firm #100293-00 SAVE AND EXCEPT, approximately 3.5 acres previously annexed by City of Baytown Ordinance No. 627-A.