Ordinance No. 14,320ORDINANCE NO. 14,320
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 DIMA MAHDI, CONCERNING THE ANNEXATION
OF APPROXIMATELY 35.1 ACRES, LOCATED ALONG THE SOUTHERN
BOUNDARY OF HUNT ROAD APPROXIMATELY 2,040 FEET WEST OF
NORTH MAIN STREET, ADDRESSED AS 703 HUNT ROAD, AND
SITUATED IN ASHBEL SMITH SURVEY, ABSTRACT NO. 1562, HARRIS
COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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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 Dima Mandi, concerning the annexation of approximately 35.1
acres, located along the southern boundary of Hunt Road approximately 2,040 feet west of North
Main Street, addressed as 703 Hunt Road, and situated in Ashbel Smith Survey, Abstract No.
1562, Harris County, Texas. 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 131h day of February, 2020.
rA,
BRANDON CAPETILLO, Ma r
ATTE T:
LETICIA BRYSCH, City tferk
APPROVED AS TO FORM:
0pYT01ti
i �
1• r
NACIO RAMIREZ, SR. y Attorney
R: •.Karem.FileslCity CouncillOrdinances\2020\February 13%..ServicesAgreeementDimaMandi.doc
Exhibit "A"
Services Agreement
STA71? OF TEXAS �
COUNTY OF HARRI i R
WHEREAS RayMandi (the "Owner") owns the property more specifically identified in Exhibit "A;'
which is attached h to and incotporated herein for all intents and purposes (the "Property"); 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'l and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern
the provision of service to the Property,
NOW TIIERErORE-, 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:
Services to be provided. The Parties agree that upon annexation, the City Nvill 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. Fir. The City, through its Fire Department, will provide fire and emergency medical
service-, 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 enforcement services.
C. !JtW&. The City through, its Public Works, Engineering and Finance Departments, will
provide water, sewer, storm sewer, and gatbagc services to the Luca. 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 impruvumenw, necessitated by pruTwsed future development, shall be the sole
responsibility of the Owner.
The Parties understand and agree that the City is not required to provide a wrvice that is not included
in this Agreement. However, nothing herein shall be construed to preclude the City ftvm providing a
service in the future if it chooses to do so.
2. Tom. 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
Suvices Agreement, Page 1
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) N2ti0. 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
Atta: 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 thrs Agreement shall remain in full
force and effect.
(c) on -waiver. This Agreement maybe enforced by any Owner or the City by any proceeding
at law or in equity. Failure to do so shall not be decreed a waiver to enforce the provisions of
this Agreement thereafter.
(d) Arnbr euities. In the event of any ambiguity in any of the terms of this Agreement, it shall not
be construed for or against any party hereto on the basis that such party did or did not a othor
the same.
(c) Headines. The headings appearing at the first 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 l aw. This Agreement nl)nll 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) C2 leQ to Agmment. This Agreement contains all the agreements of the Owner and the City
rclating 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.
(i) AA&M=nt Read The parties acknowledge that they have mad, understand and intend to be
bound by the terms and conditions of this Agreement.
(k) Authority. The Owner- covenants 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
Services Aereement Page 2
Agreement on behalf of the Owner hereby represent that such officers have full authority to
tmecutc this Agreement and to bind the party he/she represents.
Entered into thisjQ dayof !)er. Aer , 20l9. lima
OWNER: RAY MAIIDI
(Signature) s
I •MOI,
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HAR §
Before me, ILOLA'.,� ,'� , the undersigned notary public, on this day personally
appeareday hundt.
pto me
proved to me on the oath of or
provod to me through hislher current �� .$ — {description of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
ctecuted that instrument for the purposes and consideration thereii expressed.
Given under my hand and seal of office this i-! day of I AL--�, 2019.
Nothy Public, State of T
MYCaJo LusW
Gar
ID NO torssaes
CITY OF BAYTOWIV
RICHARD L. DAVIS, City Manager
ATTI;s•r:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
K:1KareulRWC0aUft4AV0hWWY.A.-mc at:e9 AtRUMCM >* ScniaeMO MandMavien Agregt WWOC
Services Agreement, Page 3
TMCT 'A'
A tract or parcel of land out of B part of that tertsia 160.76E acre
tract of land In the ASHSM SN17H SWtYE7e Abstract No. 15U, Harris COUB y,
Tahoe. described in.QVftcla� teed dated April 8. 1944 fro= that Iktitel StBies
L atAperita to Norris Cs J. J� A��*to Which reference !s hereidad In n sau�ds,litd
at Pape !6. Harris County Dead
tract of land described as follows;
8EjMNg at a nail asrking the Northwest: corner aforesaid Charles a.
.Tutsk'et us 160.788 acro tract, and said nail is io.th* centerline of Hunt
Revd (80 ft. Rq, 061 Ent with the Hest lifts aforesaid Charles J.
THENCE Southuth 0o•retract and the West lies of a 26.00 hot road usaamnt,
Jursk at ua 1600 fa sera 8 steel rod amrki
parsing at s0�00 feet a S/ r+g the BoFthwest tosser of a 16.00•
foot road aasaoant, contirering along sane Ii" a distance of 87t.10 feat frail
the Nrrthrest corner of 2:5.00 foot raid "I went to ! 1/20 asset rod aerking
the southest corner of 2s.00 fact road aasraent and the not Southerly Nortbxest
comer of herein described tract;
THEME North see t7' 51' fist with the not southerly North boundary 11no
of tract described, the l South It peel Est of red95 uet t�rsoover he South
line of a tract called ofspift
pipe aarktag the Soethoast corner o S. foot told assonant and the Southwest
corner of tract called lg asari orC timialall 3/4 do" am Iineein ILi11 a total
distance of led 18 fee
t and that Southwest corner of a tract cal Tad one 1
rew
of tract tailed 1.25 acres � )
aerri East with the Po southerl
THOU North 80. 26' 69" � y North line of tract
d"alb*d end the loath line of tract Called One 41) Bert a distance of 110.92
feet to a "recovered" S/4 pirn
pipe m0king the southeast comer of treat called ono
(1) sere. same beinngg ad in rior corner of tract deseribedi
THENCE North 09. 27' 41` bast with the East Tine of tract coiled -CAI (1)
acre, sake being an interior line of tract described passing at S7l.SQ ram{ ;
s/4' plpe recovered markiog the Northwest corner of tract called one 1 acre
continulag along same line s total distance of 401.60' to the most E9st*r1
Northwest corner of tract described Ind thWeorear is in the centerline o a
dedicated road as show" by 60 bf � Of Nigbland Farm- Subdivision,
recorded in Voluw 7 at Jtiga hmw* Of Harris County, Taxes as
replotted in yoluaa 10 st Pogo 10 of the p Records of Harris county, Taxes, now
known as Hunt Road THENCE North log e9, 00' Esst with ON unterllra Of Hunt Road and
lossual
Ntheor North T1ns of tract framb'recovered 9 d 3%6' stool rod Urrkito-nggpothe Nortlsrast
North 9 26 ave37% East 30,acre tnet con ed to E.J. gray and $ddle V. Cray by
deadcomd to a ebmary ytj and recorded in Holum 4040 at Page 171 of the
dead dated s of
i, 1Sw' Texas, said 6/80 steal rod marls the Northeast
Dated Records of Harris C�'�''
ccrmr of harain described tact; .
.E= tovtb D9• 20, 370 East passing'at 80 that Nar"Wat Corner of the
Gray seventy 170) acre coact and the hest line of tract described a total distance
of 456.55 feat to a I a steel rod set for the Northeast corner of Diageng 5hbW=k
Corp. treat called 2. 0 acne described under County Clerk's Pile No. fUNW,
Harris County Dud Raoorda. and the Southtsst anw herein dBsoribad trnett
7HENC6 LutA 7y !6' 26 Npst with the itarth line of Dflowd Shuroek Corp.
tract called 2.0640 sent Ind tax South line of tract described a distance of
1,019.39 feet to ■ rtcorared 5160 steel rod asrrki an a"la point in sold Boat
Tcall a South 7Y` 14' and vat with I'� oftrackdescribad Shearon distance of
tract called o.a re acres B/8' steel rod in the Out line aforesaid Charles J.'
104.86 tut to B recoi}er'ed
Jursk 160.IN sere tract, Imrkia the Northwest corner of Diamond 3luasractc
Corp. Z.0640 acre uses and il West tivwt corner with the Vast I foo ofoin reaidCiaoorissssl4. Jursk
THENCE North 09 26
at ux 160.780 acre tract and the ;lest line of taut dueribed a distance of
668.n fast to tb •place of Beginning anclosing irithin the boundary lints of
tract described. ze",682.20 34. ft.) I,.85d6 sense aoro or less, which 19.Bs60
acres does not include that portion of subject property located witMs the
Hunt Food Right of way. ,
EXHIBIT "Ace
A tract or parcel of land out of a part of that prtain 190.788 sera
tract of land in the LMEL 307H SUAVET, Abstract Ho. 1562. demo. Cmmd y,
7exes, described in Witrlsim Dead dated April 8. 104 from the Veited States
of America to Charles J. JVrak and rife. Alms Jursk, recorded in 1o18mt 1326
at toga 23, Harris County Peed Records to nMch reference is hersis 0-de, said
tract of lend described as follows
BEfiINiiIN9 at a sloe steel rod recov" in the Want lim-afermil Charles
J. Junk 160.788 fern tract, said 6/8' Stall rod orb the 301thmt Corner of
DIBond Shaorrbck Corp. tract called 9,0640 acres described under County t1eH'a
File No. F3683156. Harris Cat#* Deed Recerde and this corner further described
as being North 09' 25' 062 Mast a distance of 624.78 feat from a recoverMd 1/2"
pipe mrkinq M m Southwest career ef0. Mo 4harlet i. Jurak et us 150�758 acre
ip
THM with the South lino of 0lemogd shm ma Corp tract called 2.0640
ecras and the North flee of tract described North MeIII 07" East a dfataaee
of 115.60 feat to a hcovered 6(6" steel rod marking as amla point. North
73' go, IS, East a distance of 1,007.73 fast to 1 2• staal rod for corner
set in the Wait llm Of a Saveotlr Ftbmkry(770} acre tract convey" to E.J. Or r andEddie V..
Pal 311, Hkami Couety dud dated
d Neeerds.11balao+them Southeast comrlof 0ltamndt
Shamrock Corpohatsoo tract called 2.0640 acran end the Hoi'theaat co mr herein
dos eri bad tract i
THENCE south of. 291 37" fast with the West lift of the 4"raY S72VP70)
(70)
acre tract end the Pest )ind of tract described a distance of 664.67 to al
recovered 1))2• pipe narking the Stutlanst career of the em ;erantJ► acre
traet,and the southeast corner of tract eribedi
THEHCE South 800 29' 15" Vest with the South tine aforesaid Charles J. Jur
160.7A8 sere tract and the South Ilan of tract described a distance of MUM
feet ite a recovered 1/t" pipe marting the Stutlwast corner aforesaid Charles J.
Jerek at ux 160.788 acre tract cad the Soutlnmt camp of tract describedl '
THENCE north 09. 2V c6• West with the Want tint aforesaid Charl J.
Jorek at ux 160.788 acre tract and the Wast. line of tract described a distance
Of $24.78 fast to the 'PLACE OF 8E8111690' enclosing within the boundary lino:
of tract described. (564,739.10 sq. ft.) 1b.t603 acres, wore or lass$ at land.