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Ordinance No. 15,179 ORDINANCE NO. 15,179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 55.49 ACRES OF LAND, LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ************************************************************************************* WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown,Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 2 of this ordinance, were held during the City Council meetings on the 28`h day of July, 2022, and the 25`h day of August, 2022, in the City Council Chamber of City Hall of the City of Baytown,Texas; and WHEREAS,notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown,Texas,and in the below-described territories on July 14,2022, and August 11, 2022; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's website on the 291h day of June,2022; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board on July 15,2022,and August 9,2022; and WHEREAS,each notice posted on the City of Baytown's notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS,the total corporate area of the City of Baytown,Texas,on the I"day of January,2022, was 44.64 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 83,701 inhabitants; and WHEREAS,the below-described property lies within the extraterritorial jurisdiction of the City of Baytown,Texas; and WHEREAS,the City Council of the City of Baytown finds that completely surrounding such area is in the public interest;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown,Texas. Section 2: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown,Texas,to-wit: SEE EXHIBIT "A" Section 3: The above-described territories and the areas so annexed shall be a part of the City of Baytown,Texas,and the property so added hereby shall bear its pro rata share of the taxes levied by the City of Baytown,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts,ordinances,resolutions,and regulations of the City of Baytown, Texas. Section 4: In accordance with Texas Local Government Code Annotated§43.056,as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit "B," and is incorporated herein by this reference for all intents and purposes. Section 5: This ordinance shall be published and passed in the manner provided in Article 1, Section 9,of the Charter of the City of Baytown,Texas. INTRODUCED, READ and PASSED by th to o the City Council of the City of Baytown this the 25"day of August, 2022. DO CAPETIELO, Apr Ao&�pYTOW�y S AN ELA KSON, Cit leik :�t �s�,0 r'•��Ci APPROVE AS O FORM: � SCOTT LE OND, City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 81h day of September, 2022. BRANDON CAPETILLO,MAYOR ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney R:UCaren Anderson ORDINANCES\2022\2022.08.25\Annexahonof55.49Acres docx 2 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 55.491 ACRES (2,417,192 SQUARE FEET) SITUATED IN GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, TEXAS Being a tract of land containing 55.491 acres (2,417,192 square feet) situated in the George Ellis League, A-21 in I larris County, Texas, being out of Lot 1 and Lot 2 of the Partition Map of the A.M. Dalquist Est, a subdivision map recorded in Volume 15, Page 65 of the Map Records of I larris County, Texas, being out of Lot 12 and Lot 19 of the Subdivision of the Geo Ellis League, as recorded in Volume 72, Page 459 of the Deed Records of I larris County, Texas, being all of a called 31.574-acre tract as conveyed unto Missouri Pacific Railroad Company by deed recorded under County Clerk's File No. R802767, Film Code No. 507-28-0883 of the Official Public Records of Real Property of Harris County, Texas, being all of the residue of a called 31.912-acre tract as conveyed unto Missouri Pacific Railroad Company by deed recorded under County Clerk's File No. R276773, Film Code No. 502-84-1580 of the Official Public Records of Real Property of Harris County, Texas, and being out of the north portion of the residue of a called 35.4530-acre tract as conveyed unto Larry Kent Murphy and wife, Becky Sue Murphy by deed recorded under County Clerk's File No. V277159, File Code No. 543-66-0231 of the Official Public Records of Real Property of Harris County, Texas. Said 55.491-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron located on the easterly right-of-way line of said North Main Street(60 feet wide) for the southwesterly corner of said Lot 1, for the northwesterly corner of Lot 13 of said Subdivision of Geo Ellis League, for the southwesterly corner of said 31.574-acre tract, for the northwesterly corner of a called 36.008-acre tract as conveyed unto Earl W. Wilburn, Jr., by deed recorded under County Clerk's File No. W477787, Film Code No. 564-03-0204 of the Official Public Records of Real Property of Barris County, Texas, and for the southwesterly corner of said tract herein described; TIiENCE North 120 41' 48" West with the easterly right-of-way line of said North Main Street, the westerly line of said Lot 1 and the westerly line of said 31.574-acre tract, at a distance of 261.20 feet passing the northwesterly corner of said Lot 1 and the southwesterly corner of said Lot 2, continuing with the easterly right-of-way line of said North Main Street, the westerly line of said Lot 2 and the westerly line of said 31.574-acre tract for a total distance of 522.40 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the northwesterly corner of said Lot 2, for the northwesterly corner of said 31.574-acre tract, for the southwesterly corner of Lot 3 of said Partition Map of A.M. Dalquist Est. subdivision as conveyed unto Helen Joyce Brown, et al by deed recorded under County Clerk's File No. X954416, Film Code No. 593-26-0692 of the Official Public Records of Real Property of Harris County,Texas, and for the northwesterly corner of said tract herein described; Page 1 of 5 THENCE North 770 46' 30" East with the northerly line of said Lot 2, the northerly line of said 31.574-acre tract and the southerly line of said Lot 3, a distance of 2,625.26 feet to a found 1/2" iron rod with a cap stamped "Land Tech" located in the westerly line of said Lot 19, for the northeasterly corner of said Lot 2, for the northeasterly corner of said 31.574-acre tract, for the southeasterly corner of said Lot 3, for the northwesterly corner of the residue of said 31.912-acre tract, for the southwesterly corner of the residue of the S '/z of Lot Nineteen (19) as conveyed unto Helen Joyce Brown et al, by deed recorded under County Clerk's File No. X954414, Film Code No. 593-26-0685 of the Official Public Records of Real Property of Harris County, Texas, and for a corner in the northerly line of said tract herein described from which a found 2" iron pipe bears North 69' 42' 11" West, a distance of 0.66 feet; THENCE North 77' 46' 34" East with the northerly line of the residue of said 31.912- acre tract and the southerly line of said residue of the S 1/2 of Lot Nineteen, a distance of 2,301.35 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the northeasterly corner of the residue of said 31.912-acre tract, the northwesterly corner of a called 0.6935-acre tract (Tract 11A) as conveyed unto County of Harris by deed recorded under County Clerk's File No. Y035065, Film Code No. 594-94-1074 of the Official Public Records of Real Property of Harris County, Texas, and for the northeasterly corner of said tract herein described; THENCE South 65' 41' 02" 'Nest with the southeasterly line of the residue of said 31.912-acre tract and the northerly line of said 0.6935-acre tract, a distance of 587.31 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the beginning of a tangent curve to the left and for a corner on the easterly line of said tract herein described; THENCE in a southwesterly direction continuing with the southeasterly line of the residue of said 31.912-acre tract, the northwesterly line of said 0.6935-acre tract, and with said curve to the left whose radius is 1,220.00 feet and whose central angle is 10' 26' 17" (chord bears South 600 28' 04" West, a distance of 221.95 feet) for an arc length of 222.26 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the point of tangency and for a corner on the southeasterly line of said tract herein described; THENCE South 55' 23' 27" West continuing with the southeasterly line of the residue of said 31.912-acre tract and the northwesterly line of said 0.6935-acre tract, a distance of 164.22 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the beginning of a tangent curve to the left and for a corner on the southeasterly line of said tract herein described; THENCE in a southwesterly direction continuing with the southeasterly line of the residue of said 31.912-acre tract, the northwesterly line of said 0.6935-acre tract and with said curve to the left whose radius is 1,020.00 feet and whose central angle is 15' 34' 32" (chord bears South 47' 26' 23" West, a distance of 276.43 feet) for an arc length of 277.28 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" for the point of tangency and for a corner on the southeasterly line of said tract herein described; Page 2 of 5 THENCE South 39' 39' 06" West continuing with the southeasterly line of the residue of said 31.912-acre tract and the northwesterly line of said 0.6935-acre tract, a distance of 224.16 feet to a set 5/8" iron rod with yellow cap stamped "Cobb, Fendley & Associates" located on the northerly line of said Lot 12 and the southerly line of said Lot 19 for the southeasterly corner of said 31.912-acre tract, for the southwesterly corner of said 0.6935-acre tract, for the northeasterly corner of the residue of a called 4.0136-acre tract as conveyed unto the Daniel J. Ilankamer by deed recorded under County Clerk's File No. X981286, Film Code No. 593-78-2665 of the Official Public Records of Real Property of I Iarris County, Texas, for the northwesterly corner of a called 0.5701-acre tract as conveyed unto County of Harris by deed recorded under County Clerk's File No. X771963, Film Code No. 589-11-2026 of the Official Public Records of Real Property of Ilarris County, Texas, and for an angle point on the southeasterly line of said tract herein described; TI-IENCE South 77' 59' 20" West with the southerly line of said 31.912-acre tract, the southerly line of said Lot 19, the northerly line of said Lot 12 and the northerly line of the residue of said 4.0136-acre tract, a distance of 76.89 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for northeasterly corner of the residue of a called 35.4530-acre tract as conveyed unto Larry Kent Murphy and wife, Becky Sue Murphy by deed recorded under County Clerk's File No. V277159, Film Code No. 543-66-0231 of the Official Public Records of Real Property of Harris County, Texas, for the northwesterly corner of the residue of said 4.0136-acre tract and for an angle point on the southeasterly line of said tract herein described; TIIENCE South 11' 54' 20" East with the southeasterly line of the residue of said 35.4530-acre tract and the westerly line of the residue of said 4.0136-acre tract, a distance of 60.50 feet to a found 1/2-inch iron rod (bent) for an angle point in the southeasterly line of the residue of said 35.4530-acre tract, for an angle point on the westerly line of said 0.5701-acre tract, for the northerly corner of a called 3.6682-acre tract as conveyed unto the County of Harris by deed recorded under County Clerk's File No. Y049181, Film Code No. 595-41-1796 of the Official Public Records of Real Property of Harris County, Texas, and for an angle point on the southeasterly line of said tract herein described; THENCE South 39' 43' 38" West with the southeasterly line of the residue of said 35.4530-acre tract and the northwesterly line of said 3.6682-acre tract, a distance of 109.06 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for a corner on the easterly line of the residue of said 35.4530-acre tract, for a corner on the northwesterly line of said 3.6682-acre tract, for the beginning of a tangent curve to the right and for a corner on the southeasterly line of said tract herein described; Page 3 of 5 THENCE in a southwesterly direction continuing with the southeasterly line of the residue of said 35.4530-acre tract, the northwesterly line of said 3.6682-acre tract and with said tangent curve to the right whose radius is 840.00 feet and whose central angle is 09' 38' 38" (chord bears South 44' 32' 58" West, a distance of 141.22 feet) for an arc length of 141.39 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for a corner on the southeasterly line of the residue of said 35.4530-acre tract, for a corner on the northwesterly line of said 3.6682-acre tract, for the point of tangency and for a corner on the southeasterly line of said tract herein described; THENCE South 49' 22' 15" West continuing with the southeasterly line of the residue of said 35.4530-acre tract and the northwesterly line of said 3.6682-acre tract, a distance of 712.96 feet to a set 5/8-inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for a corner on the southeasterly line of the residue of said 35.4530-acre tract, for a corner in the northwesterly line of said 3.6682-acre tract, for beginning of a tangent curve to the left and for a corner in the easterly line of said tract herein described; THENCE in a southwesterly direction continuing with the southeasterly line of the residue of said 35.4530-acre tract, the northwesterly line of said 3.6682-acre tract and with said tangent curve to the left whose radius is 1,000.00 feet and whose central angle is 02' 15' 54" (chord bears South 48' 15' 40" West, a distance of 39.53 feet) for an arc length of 39.53 feet to a found 1/2-inch iron rod with cap stamped "BHA" for the southerly corner of the residue of said 35.4530-acre tract, for the northwesterly corner of said 3.6682-acre tract, for the northerly corner of a called 0.0185-acre tract as conveyed unto the County of Harris by deed recorded under County Clerk's File No. Y109360, Film Code No. 596-70-0454 and File No. 20100180391, Film Code No. 071-70-2954 of the Official Public Records of Real Property of Barris County, Texas, for the most easterly southeast corner of the residue of said 36.008-acre tract and for the southeasterly corner of said tract herein described; THENCE North 12' 29' 30" West with the westerly line of the line of the residue of said 35.4530-acre tract and the easterly line of said 36.008-acre tract, a distance of 566.97 feet to a found 2-inch iron pipe (bent) for the northwesterly corner of said Lot 12, the southwesterly corner of said Lot 19, for the northwesterly corner of said Lot 13, for the southeasterly corner of Lot 1, for the northeasterly corner of the residue of said 35.4530-acre tract, for the southwesterly corner of the residue of said 31.912-acre tract, for the southeasterly corner of said 31.574-acre tract, for the northeasterly corner of said 36.008-acre tract and for an angle point in the southerly line of said tract herein described; Page 4 of 5 THENCE South 77' 5 P 22" West with the southerly line of said 31.574-acre tract and the northerly line of said 36.008-acre tract, a distance of a distance of 2,623.95 feet to the POINT OF BEGINNING and containing 55.491 acres (2,417,192 square feet) of land, more or less. Notes: 1. All bearings shown hereon are based on the Texas State Coordinate System of 1983, South Central Zone (4204),NAD 83, 2001 adjustment. 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 3. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley & Associates, Inc. dated February 1, 2022, and titled "A BOUNDARY SURVEY OF A 55.491 ACRE (2,417,192 SQ. FT.) TRACT SITUATED IN THE GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, TEXAS". Cobb, Fendley& Associates, Inc. TBPELS Firm Registration No. 100467 ZE,OF•rFkq 13430 NW Freeway, Suite 1100 `1.1 Houston, TX 77040 ..NIGH .. . .IN. Phone: 713-462-3242 ........... ...... ............ 6236 �-4 Job Number 2110-001-08-02 °•'Q February 1, 2022 SURVS1 02-01-2022 Page 5 of 5 EXHIBIT "B" Services Agreement STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS,the Castleroek Communities LLC(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 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: I. Sel-vices to hevrovided. 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 ot'Ihc City with topography, land use,and population density similar to those reasonably contemplated or projected on the Prope►ly as of the dale hereof a. Dire. The City, through its fire Department, will provide lire anil emergency medical services to the Properly. b. Police. The City,throu"h its Police Deparin►ent, will provide law cr.t()rcemcnt services to the Property. C. Ilealth. The City, through its Ilealth Department, will provide services pertaining to environmental health, neighborhood protection, stor►n 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. !it .. 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 Panics 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. 2. Tenn. 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 Services Agreement,Page 1 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 (lie 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 he deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambiguities. In the event ofany anibi�guity in any ofthe terms of this Agreement, it shall not be: construed 161.or against any party hereto cm the basis that such party did or did not author the same. (c) I leading.s. The headings appearing at the lust of each numbered section in this Agreement an e inserted and included solely for convenience and shall never be considered or given any effect in construing this A�grcemcnt of any provision hereul;or in connection with the duties, ubligations or liabilities o(' the respective parties hereto or in ascertaining intent, if any question of inteni 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. (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) Authorih. 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 Ire/she represents. Services Agreement,Page 2 Entered into thisd" day of _ " , 2022. ' CITY OF BAYTOWN a i \�o�eg DpYTOyyN MCI AR L.DAVIS,City Manager ATTEST: f ;N a o ANGELA KSO:v, Cit 'f P� APPROVED S TO 'ORM: .' U' t4 1 ry�t�t�L t' OWNER: Castlerock ommuni ties LU-C s { f (Priffte Name) 6 U- c-r'd (Title) STATE OF'rE:xAS § COUNTY OF HARRIS § Before me, 7 OnC,,_, the undersigned notary public, on this day personally appeared `r?v\t,.u_ �' n4-- ,the D`.CEp _of the known to me proved to me on the oath of _ or V/ proved to me through his/her current Z t)yvu �,tsgjj, ' {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 taday o O ,2022. `.o`�` ra10 1�i% SENDY GUZMAN .� 4 x°• Notary Public.state of Texas = " =' = Comm.Expires 04-15-2023 Nofary Pub ' , StN a Tex Notary 10 130191004 RAKaren HomalUocuments1,17ties\Contracts\Voluntary Annexation Agreement for Services\FORWServices Agreement for Company 2021-doc Services At!reement,Page 3 EXHIBIT"A" '.C - _ �r k ',r.•y,.. ,; '!r�••' :ti i,t ,� �S ! ]•i 'are'• •: ���77�� ^r ��'��. �. !'•?:s,.�;.�;stir!.:'• �� � � .-� - I. .'ij,ti. �,x 1:e,sj.l� ! W�Si��llll��L�/�-{EZ\E x t _zi s:; "_ ._ _ ► - E_:.,. - Bay Creek 2.0 Annexation Vicinity Map z o Approx. 55.49 acres a Subject P.roaerty a eiiii�fa7TfY6�i� t1 N WHITETAIL DR MOURNIN Q 3 G DR RAssIT LEGEND '� •?� ��:�•`""��- � HOLLOW DR LL Subject Property #�.i ."J •_ + `.. City Limit l : I PURVIS LN i E WALLISVILLE RD r ANNATTO DR U � C Cp CARAWAY 1410E OR o v N } O CINNAMON A nM--8 a t—wm—e 202 08 1 inch=1,128 feet Oate 2022-08-10 Document Path O CaseFiles(BLWDRC ENG,PLANNING)".nnny CasesWnn.aCnn_0,-nnexabonQ02nay Creek 2,MapslG1.5,6:V_CREEK X4NE.ATiON.mxo