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Ordinance No. 15,014 ORDINANCE NO. 15,014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DETENTION AGREEMENT WITH REME FINANCIAL, LLC, FOR THE COTTAGES AT SAN JACINTO BLVD. PLANNED UNIT DEVELOPMENT; MAKING OTHER PROVISIONS RELATED THERETO; 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 to execute and the City Clerk to attest to a Detention Agreement with Reme Financial, LLC, for the Cottages at San Jacinto Blvd. Planned Unit Development. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent(25%). 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 27`'day of January, 2022. BRANDON CA TILLO. M yor ATTEST: �OS'baeaaae,�go�Q��- `r h o 1� _j ap ANGELA JAOKSON, City Clerk APPROVED AS TO FORM:I';ll I TREVOR FANNING, Interim City Attorney RATrevor\0RDINANCES12022\i 27.221detention agreement.doc EXHIBIT "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DETENTION AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS This Detention Agreement (the "Agreement") is made and entered into between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas (the "CITY"), whose address for purposes hereof is P.O. Box 424, Baytown,Texas 77522,and REME Financial, LLC,a Texas limited liability company (the "REME"), whose address for purposes hereof is 701 Putter Ct, College Station,TX 77845-8997. WHEREAS, REME owns that property more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes(the "REME Property");and WHEREAS, the CITY owns a drainage ditch located adjacent to the Property, as more particularly described in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes([lie "City Property");and WI IEREAS,REME desires to use the City Property for off-site detention for the Property;and WI IEREAS, the CITY is willing to allow REME to use the City Property, to add amenities to the City Property as described herein, and to take over maintenance of the City Property and all amenities located thereon for the term of this Agreement;and NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein,the CITY and REME agree as follows: 1. 1.1 Representation. (a) REME hereby represents that as of the effective date of this Agreement it is the record owner of the REME Property and that no other person or entity has an ownership interest in the same other than the beneficiary identified in the recorded deed of trust. Additionally, as of the effective date of this Agreement, REME has the power and the authority necessary to enter into and perform under this Agreement. (b) The CITY hereby represents that as of the effective date of this Agreement it is the record owner of the City Property and that no other person or entity has an ownership interest in the same. Additionally,as of the effective date of this Agreement,the City has the power and the authority necessary to enter into and perform under this Agreement. H. 2.1 REME's Obligations. In addition to REME's obligations elsewhere in this Agreement, REME shall have the following obligations: (a) REME agrees that it will,at its own cost and expense,design and construct the following on the City Property, which shall meet or exceed all standards of the CiTY and other governmental entities having jurisdiction thereover: l. a detention pond of a sufficient size to provide off-site drainage for the Property as well as for the City's roadway and utilities(the"Pond"); 2. a 6'concrete trail around the pond (the"Trail");and 3. other amenities as depicted in Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes(the"Improvements") (b) Prior to any work being performed on the REME Property or the City Property, REME shall submit plans and specifications for the Pond, the Trail and the Improvements to the Director of Public Works/Engineering,or his designee (the "Director") for his review and approval. (c) After(i) the Director's final approval of the plans and specifications submitted by REME in accordance with Section 2.1.b, (i)) the final approvals from all other applicable governmental entities, including the Harris County Flood Control District, and (iii) the City's receipt of the bonds and insurance required herein, and REME shall commence construction in accordance with the approved plans and specifications and shall continue such construction efforts thereinafter in a diligent manner until the Pond, Trail and Improvements are completed and accepted by the CiTY. No certificate of completion or certificate of occupancy shall be issued for any structure built on the REME Property until the Pond,"frail and Improvements are completed and accepted by the City. (d) Commencing at the time of permit approval, REME shall provide updates on the status of the construction to the CITY on a monthly basis and at such other times as may be requested by the CITY. (e) The construction must be completed within one }Hundred eighty (1 KO) days after construction begins. (c) The legal title to the City Property shall at all times be vested in the CITY; and REME shall have no claim thereto. Title to the Trail and Improvements shall vest in the CITY once the CITY approves the same in writing in accordance with subsection(c). (f) At its own cost and expense, REME shall maintain the Pond, the Trail, and the Improvements in accordance with the CITY's standards. If the Director in his sole discretion, determines that any portion of the Detention Property and/or Improvements are not being maintained, repaired and/or replaced in accordance with this Agreement, the Director shall so notify REME in writing and require REME to perform the identified work forthwith and continue diligently therewith until completion. If more than fifteen days(15)are required to complete the maintenance, repair or replacement,then the CITY may, at its option, extend such period. If the condition persists after the expiration of Detention Agreement.Pale 2 fifteen (15) days from the date of the notice or, if applicable, from the expiration of any extension granted, the Director may declare REME in default and terminate this Agreement and seek any other appropriate remedy which may be available to the CITY, including, but not limited to, making such repairs or replacements at REME's sole cost and expense. It is understood if such repairs or replacements are made by the CITY, REME agrees to pay the cost thereof to the CITY on demand. Payment not made within fifteen (15)days of a request therefor shall accrue interest at the rate specified in Section 2251.025 of the Texas Government Code. (g) When perfonning any maintenance, repair or replacement work, other than mowing, on City Property, REME shall provide at least ten (10) days' prior written notice, which notice must detail the scope of the work to be perfurmed and the person/entity performing the work along with the submission of the requisite insurance and bonds as required by the City. Such work shall riot proceed until REME has obtained written approval therefor by the Director. 2.2 CITY's Obligations. In addition to the CITY's obligations elsewhere in this Agreement,the CITY shall have the following obligations: (a) The CITY shall review all plans and specifications submitted by REME in a timely manner. (b) The CITY hereby grants a non-excursive license to REME to enter upon the City Property in accordance with the terms and provisions of this Agreement for the sole purpose of constructing, maintaining, repairing and replacing the Pond, the Trail and the Improvements, to provide, in part off-site detention for the REME Property. (c) The City grants REME, at its sole risk, the right to use any dirt or other materials excavated from the City Property as fill material for the development on the REME, Property. 2.3 Insurance/Indemnity/Bonding (a) REME shall procure and maintain at its sole cost and expense for the duration of any work to be performed on the City Property, insurance against claims for injuries to person or damages to property which may arise from or in connection with the perfonnance of the work hereunder by REME, its officers,agents and employees. REME insurance coverage shall be primary insurance with respect to the CITY, its officials; employees and agents. Any insurance or self-insurance maintained by the CITY, its officials, employees or agents shall be considered in excess of REME'[s insurance and shall not contribute to it. Further, REME shall include all subconsultants, agents and assigns as additional insured under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverage's for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 1. Commercial General Liability ® General Aggregate: $1,000,000 Detention Amreement,Page 3 ® Products&Completed Operations Aggregate: S 1,000,000 ® Personal& Advertising Injury: S1,000,000 ® Per Occurrence: $500,000 ® Fire Damage: S50,000 ® Coverage shall be at least as broad as iSO CG 00 01 10 93 ® No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy Is Combined Single Limits: $500,000 ® Coverage for"Any Auto" 3. Workers'Compensation (M Statutory Limits ® Employer's Liability: $500,000 ff) Waiver of Subrogation required 4. Errors&Omissions(E&O) ® Limit: $1,000,000 ® For all engineers,and/or design companies ® Claims-made lorm is acceptable ® Coverage will be in force for three(3)years after project is completed The following shall be applicable to all policies of insurance required herein. l. Insurance carrier must have an A.M. Best Rating of A-: VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CiTY. 5. The CITY, its officers, agents and employees are to be added as Additional Insured to all liability policies. G. Upon request and without cost to the CITY, a certified copy of all insurance policies and/or certificates of insurance shall be furnished to the CITY. 7. Upon request and without cost to the CITY, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the CiTY. b. All insurance required herein shall be secured and maintained in it company or companies satisfactory to the CITY,and shall be carried in the name of REME. It is expressly understood and agreed that at any time during the term of this Agreement the CI'T'Y's Risk Manager may modify the minimum insurance requirements in order to update the policies,amounts and/or endorsements. (b) REME HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS retention Aereemenl Page 4 AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF AGREEMENT, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (I) THE JOINT NEGLIGENCE OF THE CITY AND REME, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (II) THE SOLE NEGLIGENCE OF REME, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH REME AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY REME TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (I) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF REME OF THE INJURY, DEATH OR DAMAGE AND/OR (II) REME'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, REME AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (d) By this Agreement, the CITY does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement,any charter, or applicable state law. REME assumes full responsibility for the work to be performed and releases, relinquishes, and discharges the CITY, its officers, agents and employees from all claims, demands and causes of action of every kind and character for any injury to, including, but not limited to, death of any person (whether third persons, REME, or employees of either of the parties). This release includes the cost of defense of any claim Detention Agreement,Page and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of,or in connection with REME's work to be performed under this Agreement whether or not said claims, demands, and causes of action arc covered in whole or in part by insurance. (d) Both REME and the CITY agree that REME will execute performance and payment bonds, each in the sum of one hundred percent (100%) of the total Agreement price, in standard forms for this purpose,guaranteeing faithful performance of the Agreement and faithful payment to all persons supplying labor and materials or furnishing any equipment in the execution of the Agreement. It is agreed that this Agreement shall not be in effect until such bonds are furnished and approved by the CITY. The cost of the premium for the bonds have been included in REME's quote. The bonds shall be executed by REME; and by a corporate surety, tile qualifications of which shall be as required below. The bond required herein shall remain in effect throughout the term of this Agreement and for a period of one (1) year after the completion of the work and shall be extended for any warranty work to cover the warranty period. if at any time during the execution of this Agreement or in the required period thereafter, the bond becomes invalid or ineffective for any reason, REME shall promptly supply within ten (10) days such other bond, which bond shall assure payment as required. Such replacement bond(s) shall be issued by a surety acceptable to the CITY. Changes and alterations in the work contemplated, or any part thereof; does not affecting the validity of any bond provided in accordance with this subsection. III. 3.1 Term. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force and effect from the Effective Date (as hereafter defined) until the expiration of thirty(30)years,unless earlier terminated in accordance with this Agreement. IV. 4.1 Non-Waiver. Failure of the CITY to declare any default immediately upon occurrence thereof, or delay in taking action in connection therewith, shall not waive such default, but the CITY shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder,either in law or in equity. 4.2 Default by REME. The CITY shall have the right to declare REME in default and immediately terminate the Agreement without notice, unless otherwise specified herein, or exercise any other rights or remedies available hereunder or as a matter of law if'REME: (a) Defaults in the timely performance of any obligation imposed upon REME hereunder and does not cure the default within fifteen (15) days (unless another period of time is specified herein) after written notice describing the default in reasonable detail has been given REME or, if the Director in his sole discretion, determines that the default cannot reasonably be cured within the fifteen (15) day period, if REME, does not commence Detention nbrcement,Page 0 curative work within the fifteen (15) day period and prosecute the work to completion with diligence; (b) Institutes proceedings, whether voluntary or otherwise, under the provisions of the Federal Bankruptcy Act or any other federal or state law relating to Bankruptcy or insolvency;or (c) Makes any assignment of this Agreement without the written approval of the CITY. Should the CITY terminate this Agreement for cause, the CITY will be relieved of its obligations hereunder. Additionally, should this Agreement be terminated, the CITY shall be entitled to seek all other relief which may be allowed by law. Any and all defaults declared by the CITY shall be final and binding upon REME. 4.3 Remedies Cumulative. All rights and remedies of the CITY and/or REME under this Agreement shall be cumulative and none shall exclude any other rights or remedies allowed by law. 4.4 Amendments. This Agreement may not be altered,changed or amended,except by an instrument in writing,signed by both parties hereto. 4.5 Release. By this Agreement, the CiTY does not consent to litigation or suit, and the CITY hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or part the CITY's sovereign irmmunity. REME assumes full responsibility for its obligations under this Agreement performed hereunder and hereby releases, relinquishes, discharges, and holds harmless the CITY, its officers, agents, and employees from all claims,demands,and causes of action of every kind and character. including the cost of defense thereof, for any injury to or death of any person(whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with REME's work to be performed hereunder. This release shall apply with respect to REME's work regardless of whether said claims, demands,and causes of action are covered in whole or in part by insurance. 4.6 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the CiTY and REME hereby agree that no claim or dispute between the CITY and REME arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (R U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to,the Texas General Arbitration Act, provided that in the event that the CITY is subjected to an arbitration proceeding notwithstanding this provision, REME consents to be joined in the arbitration proceeding if REME's presence is required or requested by the CITY for complete relicf'to be recorded in the arbitration proceeding. 4.7 Assignment. REME shall not assign this Agreement without first obtaining file written consent of the CITY. 4.8 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation,shall be cfTective when given in writing and deposited in the United States mall,certified mail,return receipt requested,or by hand-delivery,addressed to the respective parties as follows: Detention Agreement,Page 7 CITY City of Baytown Attn:City Manager P.O. Box 424 Baytown,TX 77522 REME REME Financial,LLC Attn: Managing Member 701 Putter Court College Station,TX 77845-8997 4.9 Binding Effect. This Agreement and each provision hereof, and each and every right, duty, obligation,and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and REME and their respective successors and assigns. 4.10 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal, state and local laws and regulations, and all judicial determinations relative thereto. 4.11 Choice of Law and Venue. This Agreement is declared to be a Texas contract, and all of the terms thereof shall be construed according to the laws of the State of Texas. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. 4.12 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. 4.13 Complete Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement,which are not fully expressed herein. 4.14 Duplicate Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 4.15 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition,or extension of the specific tenns of the section and paragraph so designated. 4.16 Gender and Number. The pronouns of any gender shall include the other genders,and either the singular or the plural shall include the other. 4.17 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not atTect the validity of the remaining portions of this Agreement,and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 4.1 R Agreement Read.The parties acknowledge that they have read,understand and intend to be bound by the terms and conditions of this Agreement. Detention Agreement.Page 9 4.19 Authority. The officers executing this Agreement on behalf of each party hereby confine that such officers have frill authority to execute this Agreement and to bind the party he/she represents. EXECUTED ON this the _day of .2021 (the"Effective Date"). CITY OF BAYTOWN By:------ -- -- -- ----- RICHARD L. DAVIS,City Manager ATTEST: ANGELA JACKSON,City Clerk APPROVED AS TO FORM: KAREN L. HORN ER,City Attorney EXECUTED ON this the day of ,2021. REME FINANCIAL,LLC (Signature) Dwi I L w; -- (Printed Name) (Title---- --------- STATE OF TEXAS fi COUNTY OF 13RAgp5 Betbre me, TOSIE t-( , the undersigned notary public, on this day personally appeared V-4-41-CL AIAQCj , the Managing Member of REME Financial, LLC, on behalf of such limited liability company Detention Agreement,Page 9 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. 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CALLED 24.903 ACRE TRACT, A DISTANCE OF 788.00 FEET TO A 5/8 INCH CAPPED IRON ROD SET IN THE NORTH LINE OF SAID ARCHER ROAD FOR THE SOUTHWEST CORNER OF SAID SEV THERAPY SERVICES, LLC. CALLED 24.903 ACRE TRACT,AND BEING THE SOUTHEAST CORNER OF SAID 7.010 ACRE TRACT AND THE HEREIN DESCRIBED TRACT; THENCE SOUTH 77 DEGREES 34 MINUTES 20 SECONDS WEST,ALONG THE NORTH LINE OF SAID ARCHER ROAD, PASS AT 387.50 FEET A 1/2 INCH CAPPED IRON ROD FOUND FOR THE COMMON SOUTH CORNER OF SAID 7.010 ACRE TRACT AND SAID 7.0092 ACRE TRACT, IN ALL A DISTANCE OF 775.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 13.5093 ACRES OF LAND, MORE OR LESS. SURVEYED JUNE 03, 2021 WLS JOB NO. 352-21 TIM WELLS WHITE, RPLS# 5742 WELLS LAND SURVEY, LLC tl 11 GENERAL NOTES 1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. THIS FND 51W CAPPED IR SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A 'WELLS' CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY AND ALL CONDITIONS W OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE MAY DISCLOSE. 0 L o NORTH Z BEARINGS WERE BASED ON THE TEXAS STATE PLANE SCAM r'' W COORDINATE SYSTEM. SOUTH CENTRAL ZONE. (NAD83) 3. THIS EXHIBIT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 4. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE USED FOR TITLE CONVEYANCE PURPOSES. N 5. SOn SET CAPPED 5/8' IR STAMPED 'VINDROSE' k mob �� . • .P 0 • � cd � yr"sn 4 ' 7 w to % 0 o 1 � O� W 1 CALLED 2.7935 AC. CITY OF BAYTOWN H.C.C.F. NO. RP-2018-154089 N 2.004 AC./87o3O5 SO. FT. 1 a� 0. vo w CALLED 0.9570 AC. CITY OF BAYTOWN co H.C.C.F. NO. RP-2018-117420 1 eq O CALLED 0.7630 AC. CITY OF BAYTOWN r H.C.C.F. NO. RP-2018-117420FND 0 +t7� S 23� • 980/2' CAPPED IR P.O.B. CALLED 0.3632 AC. f S CITY OF BAYTOWN _1 H.C.C.F. NO. RP-2018-117420 ��g• E 283.55' �f LINE TABLE P.O.C. N 77�— R��SO) LINE BEARING DISTANCE CORNER Cut dole L1 N 08 3216 E 79.74 'w-Q aO L2 N 78.21 26 E 21.28' WINDROSE LAND SURVEYING I PLATTING DESCRIPTION OF 2.004 ACRES OR 87,305 SQ. FT. A TRACT OR PARCEL CONTAINING 2.004 ACRES OR 87,305 SQUARE FEET OF LAND,SITUATED IN THE W.C.R.R. SURVEY, ABSTRACT NO.899, HARRIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 0.9870 ACRE TRACT CONVEYED TO CITY OF BAYTOWN, RECORDED UNDER HARRIS COUNTY CLERK'S FILE(H.C.C.F.) NUMBER(NO.) RP-2018-117420,A PORTION OF A CALLED 2.7935 ACRE TRACT CONVEYED TO CITY OF BAYTOWN, RECORDED UNDER H.C.C.F. NO. RP-2018- 154089, AND A PORTION OF A CALLED 13.5093 ACRE TRACT CONVEYED TO REME FINANCIAL, LLC, RECORDED UNDER H.C.C.F. NO. RP-2021-668371, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE(NAD83): COMMENCING AT A POINT ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF ARCHER ROAD (UNIMPROVED) (120 FOOT R.O.W. PER H.C.C.F. NOS. G231089, F891799, & F804907), SAME BEING THE COMMON SOUTH CORNER OF A CALLED 0.3632 ACRE TRACT CONVEYED TO CITY OF BAYTOWN, RECORDED UNDER H.C.C.F.NO.RP-201 8-1 1 7420 AND A CALLED 0.7630 ACRE TRACT CONVEYED TO CITY OF BAYTOWN, AS RECORDED UNDER H.C.C.F. NO. RP-2018- 117420, FROM WHICH A CAPPED 1/2 INCH IRON ROD STAMPED "4980" FOUND FOR THE COMMON SOUTH CORNER OF SAID 0.3632 ACRE TRACT AND SAID 13.5093 ACRE TRACT, BEARS FOR REFERENCE NORTH 77 DEG. 18 MIN. 19 SEC. EAST,A DISTANCE OF 283.55 FEET; THENCE, NORTH 08 DEG. 32 MIN. 16 SEC. EAST, ALONG THE COMMON LINE OF SAID 0.3632 ACRE TRACT AND SAID 0.7630 ACRE TRACT, A DISTANCE OF 79.74 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET MARKING THE PLACE OF BEGINNING AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;' THENCE, NORTH 08 DEG. 32 MIN. 16 SEC. EAST, CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 167.38 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE, CONTINUING ALONG THE AFORESAID COMMON LINE, OVER AND ACROSS SAID 2.7935 ACRE TRACT AND ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,027.00 FEET, A CENTRAL ANGLE OF 19 DEG. 47 MIN. 30 SEC., AN ARC LENGTH OF 354.75 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 18 DEG. 26 MIN. 44 SEC. EAST-352.99 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE END OF SAID CURVE AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,NORTH 78 EG.21 MIN. 26 SEC.EAST,CONTINUING OVER AND ACROSS SAID 2.7935 ACRE TRACT,A DISTANCE OF 21.28 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET ON THE COMMON LINE OF SAID 2.7935 ACRE TRACT AND SAID 13.5093 ACRE TRACT, MARKING THE MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A CAPPED 5/8 INCH IRON ROD STAMPED "WELLS" FOUND FOR THE NORTHWEST CORNER OF SAID 13.5093 ACRE TRACT BEARS NORTH I 1 DEG.38 MIN.34 SEC.WEST,A DISTANCE OF 25.78 FEET., THENCE, SOUTH I DEG. 38 MIN. 34 SEC. EAST, ALONG THE COMMON LINE OF SAID 2.7935 ACRE TRACT AND SAID 13.5093 ACRE TRACT, A DISTANCE OF 244.95 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,OVER AND ACROSS SAID 13.5093 ACRE TRACT,THE FOLLOWING FIVE(5) COURSES AND DISTANCES: I. NORTH 78 DEG.21 MIN.26 SEC.EAST,A DISTANCE OF 62.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; 2. SOUTH 11 DEG. 38 MIN. 34 SEC. EAST, A DISTANCE OF 156.10 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE"SET FOR THE MOST EASTERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; 3. SOUTH 44 DEG.46 MIN.27 SEC.WEST,A DISTANCE OF 36.89 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; 4. WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 58.50 FEET, A CENTRAL ANGLE OF 56 DEG. 25 MIN.00 cFr AN AP I FNrTH(1F S7 An FFFT ANTI A r Hr)Pr)RFARINC;AND DLSTANCF OF SOUTH 16 DEG.33 MIN_56 THENCE,OVER AND ACROSS SAID 0.9870 ACRE TRACT AND ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 280.50 FEET,A CENTRAL ANGLE OF 06 DEG. 19 MIN. 16 SEC.,AN ARC LENGTH OF 30.95 FEET,AND A CHORD BEARING AND DISTANCE OF NORTH 84 DEG.36 MIN. 29 SEC. WEST—30.93 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE"SET MARKING A POINT OF TANGENCY; THENCE, NORTH 81 DEG. 26 MIN. 51 SEC. WEST, CONTINUING OVER AND ACROSS SAID 0.9870 ACRE TRACT, A DISTANCE OF 18.55 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.004 ACRES OR 87,305 SQUARE FEET OF LAND,AS SHOWN ON JOB NO.57242-PARCEL-2-R2, PREPARED BY WINDROSE LAND SERVICES,INC. OF ............. ............. USA M DOBROWSKI ....................:... ro 6544 �.+• .S..... 12-30-2021 LISA M.DOBROWSKI DATE: R.P.L.S.NO.6544 REVISED: 12-30-2021 STATE OF TEXAS REVISED:01-05-2022 FIRM REGISTRATION NO. 10108800 Exhibit C— Improvements The following amenities and/or improvements must be provided within the City Property: ❖ A trail must be provided and make a full loop. The trail must be in accordance with the PUD. ❖ Benches shall be provided along the trail. Benches shall be placed at minimum of one (1) bench per 600 feet. ❖ Cohesive landscaping utilizing the same landscape palette used throughout the REME Property providing the following: 1. Three (3) shade or ornamental trees per every 100 linear feet of trail shall be provided. 2. Two (2) planting areas shall be provided for every 100 linear feet of trail with a minimum of 200 square feet each, consisting of plantings prescribed by the cohesive landscaping palette. 3. Credit may be provided for existing trees over 5 caliper inches. 4. The Director may approve adjustments to the location of required trees and plantings at their discretion.