Ordinance No. 14,321ORDINANCE NO. 14,321 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 JINDAL SAW USA LLC, CONCERNING THE ANNEXATION OF APPROXIMATELY 63.57 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF FM 565 ROAD APPROXIMATELY 1,000 FEET EAST OF FM 1405 ROAD, ADDRESSED AS 1411 S. FM 565, AND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT 205 AND THE B.B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS; 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 Jindal Saw USA LLC, concerning the annexation of approximately 63.57 acres, located along the northern boundary of FM 565 Road approximately 1,000 feet east of FM 1405 Road, addressed as 1411 S. FM 565, and situated in the R.A. Porter Survey, Abstract 205 and the B.B.B. & C. Railroad Survey, Abstract 61, Chambers 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 131b day of FebruarSDONICA�PETILO, L 4%A CwA D Mayor ATT ST: C� epYT•��, l LETICIA BRYSCH, Ci y Clerk APPROVED AS TO FORM: N q �" P 9TFof��-� I NACIO RAMIREZ, SR., ty Attorney R:'Karen.Files'City CounciLordinances\2020"Tebruary 131ServicesAgreeementJindalSawUSA.doc Exhibit "A" Services Agreement STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, Jindal Saw USA LLC, a Texas limited liability company (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 was subject to a development agreement, which allows the area to remain outside the City limits under certain terms and conditions; and WHEREAS, such agreement has expired and such expiration serves as a petition for voluntary 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 upon annexation; 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 enforcement services. e. Utility. 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 1 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 I 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 detennines 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) Ambiguities. 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 author the same. (e) Headings. 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 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 (j) Agreement Read. The parties acknowledge that they have read, 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 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 2020. OWNER: JINDAL SAW USA, LLC (Signature) (Printed Name) (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared , the of Jindal Saw USA, LLC, 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 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 executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _day of 92020. Notary Public, State of Texas CITY OF BAYTOWN RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk IICOBFSOI\Legal\Karen\FileslContractslVolunLuy Annexation Agreement for ServicesVindal Saw%Services Agreement.doc Services Agreement, Page 3 Exhibit "A" STATE OF TEXAS) COUNTY OF CHAMBERS) TRACT 2) FIELD NOTES of a 63.5631 acre tract situated in the R. A. Porter Survey, Abstract 205 and the B. B. B. & C. Railroad Survey, Abstract 61, both in Chambers County, Texas, and being all of that same land called 63.623 acres conveyed by West Chambers Industrial Park, Ltd. to Jindal Saw USA, LLC by Deed dated October 5, 2007 and recorded in Volume 995 at Page 26 of the Official Public Records of Chambers County, Texas. This 63.5631 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 SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR=1.0000000. REFERENCE IS MADE TO THE MAP OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a'/2 inch iron rod found in the North right-of-way line of F. M. Highway 565 (right-of-way width varies) and the East line of the Southern Pacific Railroad 50 feet wide right- of-way (railroad right-of-way described in Volume 190 at Page 172 of the Deed Records of Chambers County, Texas) for the Southwest corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,852,910.56 and X=3,269,158.95; from which a % inch iron rod found in the West line of said Railroad for the Southeast comer of that certain 15.844 acres conveyed by Marry Hammer Dunn, Trustee, to Geonan Corporation by Deed dated November 15, 1993 and recorded in Volume 223 at Page 706 of the Official Public Records of Chambers County, Texas bears South 76°54'30" West 50.54 feet. THENCE: North 12°02'00" West along the West line of this tract and the East line of Said Railroad for a distance of 2027.39 feet to a % inch iron rod, with cap (BHA), set in the Westernmost North line of said B. B. B. & C. Railroad and the South line of the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, for the Northwest corner of this tract and the Westernmost Southwest corner of that certain 92.8172 acres (Tract 1) surveyed this date. Said point has a State Plane Coordinate Value of Y-13,854,893.40 and X=3,268,736.28; from which a %z inch iron rod, with cap (BHA), found for the Northwest comer of that certain 14.53 acres conveyed by Joseph Matthews, et al, to Geonan Corporation by Deed dated June 19, 1996 and recorded in Volume 307 at Page 540 of the Official Public Records of Chambers County, Texas and the Southeast corner of that certain 57.3147 acres conveyed by Jonathan Groves, et ux, to JCG Real Estate, LLC by Deed dated June 5, 2013 and recorded in Volume 1421 at Page 1 of the Official Public Records of Chambers County, Texas bears South 77'03' 18" West 700.94 feet. Said 92.8172 acres being all of that same land conveyed by XT Baytown 565, L.P. to Jindal Saw USA, LLC by Deed dated August 5, 2011 and recorded in Volume 1287 at Page 74 of the Official Public Records of Chambers County, Texas. NOV 19 2019 8Y: PAGE 2 63.5631 ACRES, TRACT 2. THENCE: North 76 r54'28" East along the North line of this tract, the Westernmost North line of said B. B. B. & C. Railroad Survey, the South line of said Armstrong Survey and the Westernmost South line of said 92.8172 acres for a distance of 1385.02 feet to a magnetic nail set in asphalt for the Northeast comer of this tract and an interior comer of said 92.8172 acres. Said point has a State Plane Coordinate Value of Y=13,855,207.14 and X=3,270,085.29. THENCE: South 12°36'02" East along the East line of this tract and the Southernmost West line of said 92.8172 acres for a distance of 841.47 feet to an "X" set in concrete for an angle point in the East line of this tract, an angle point in the North line of said Porter Survey and an angle point in the Westernmost South line of said B. B. B. & C. Railroad Survey, for the Southernmost Southwest corner of said 92.8172 acres and the Northwest comer of that certain called 1.9725 acres conveyed by Johnnie Glenn Jennings, Jr. to AmeripoM LLC by Deed dated June 30, 2008 and recorded in Volume 1053 at Page 709 of the Official Public Records of Chambers County, Texas. Said point has a State Plane Coordinate Value of Y=13,854,385.93 and X 3,270,268.86. THENCE: South 13' 15' 18" East along the East line of this tract and the West line of said called 1.9725 acres and at 569.67 feet pass a % inch iron rod, with cap (BHA), set for the Southernmost corner of said called 1.9725 acres (Y=13,853,831.44 and X=3,270,399.48); in all, a total distance of 587.96 feet to a 51 inch iron rod found in the West right-of-way line of said F. M. Highway 565 for an angle point in the East line of this tract. Said point has a State Plane Coordinate Value of Y--13,853,813.64 and X=3,270,403.67. THENCE: South 01 "52' 14" East along the East line of this tract and the West right-of-way line of said F. M. Highway 565 for a distance of 194.05 feet to a % inch iron rod found for the Easternmost Southeast corner of this tract and BEGINNING POINT of a curve to the right, concave Northwesterly. Said point has a State Plane Coordinate Value of Y- -13,853,619.69 and X=3,270,410.01. THENCE: Along and around said curve to the right, in a Southwesterly direction, along the Southeast line of this tract and the Westerly right-of-way line of said F. M. Highway 565, said curve having a radius of 532.96 feet, a central angle of 60' 19'45" and a chord bearing and distance of South 28°25'25" West 535.61 feet, for an arc length of 561.18 feet to a brass disc TXDOT monument found for the TERMINATION POINT of said curve and the BEGINNING POINT of another curve to the right, concave Northerly. Said point being the Southernmost Southeast corner of this tract and has a State Plane Coordinate Value of Y=13,853,148.65 and X=3,270,155.07; from which a %, inch iron rod (found) bears North 53015' 16" East 5.07 feet. PAGE 3 -- 63.5631 ACRES, TRACT 2. THENCE: Along and around said curve to the right, in a Westerly direction, along the South line of this tract and the North right-of-way line of said F. M. Highway 565, said curve having a radius of 1849.86 feet, a central angle of 05°23'37" and a chord bearing and distance of South 74"50'40" West 174.07 feet, for an arc length of 174.13 feet to a V2 inch iron rod, with cap (BHA), set for the TERMINATION POINT of said curve. Said point has a State PIane Coordinate Value of Y=13,853,103.14 and X=3,269,987.05. THENCE: South 76'54'30" West along the South line of this tract and the North right-of-way line of said F. M. Highway 565 for a distance of 850.20 feet to the PLACE OF BEGINNING and containing within these boundaries 63.5631 acres of land. SURVEYOR'S CERTIFICATE I, Juliene Harrod, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in September of 2019 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 240 day of September, A. D., 2019. Juliene Harrod ��, OF R. P. L. S. No. 4379 P•' cON'•, 19-6249.TR.2.FDN.DOCX sy 41V * Hutchison & Associates, Inc. JULIENE HARk NlN.w.NN1N.NN.N.. 1209 Decker Drive, Ste. 100 'O 4379 Baytown, TX 77520 �qyo SsS d*.. c Engineering Firm #F-267 ftqs Surveying Firm #100293-00