Ordinance No. 15,574 (Second Reading) ORDINANCE NO. 15,574
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 0.97 ACRES OF LAND, LOCATED ON THE
NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 10 AND THE
EASTERLY RIGHT-OF-WAY LINE OF F.M. 2100, ALSO KNOWN AS MAIN
STREET (ALSO REFERRED TO AS CROSBY-LYNCHBURG ROAD), AND THE
TRACT DESCRIBED HEREIN AND BEING ALL OF A CALLED 0.976 ACRE TRACT
OF LAND AS DESCRIBED IN CLERK'S FILE NO. 2016-83010 OF THE OFFICIAL
PUBLIC RECORDS OF HARRIS COUNTY, TEXAS, 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 281"day of September,2023,and the 12t"day of October,2023,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 September 14,
2023, and September 28,2023; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 14"'day of September,2023; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board on September 14,2023,and September 28,2023; 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 1 St day of January,2023,
was 45.10 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 the affirm vote of the City Council of the City of
Baytown this the 1201 day of October,2023.
DON CAPETILLO, tayor
F:4T()r:rF,re
i,G�M�oamva•a'nc.,'��'... '
pd_
ANGELAPACKS N!Y�CityClerk
ED AS O
SCOTT LEM ND,City Attorney
INTRODUCED, READ and PASSED on the SECOND AND IN REAIArj this the 260'day
of October,2023.
EST: IAYT 0s�fn� Le s}�r,t1'10.yDr�co?cm
t°
W
O
ANGELA ACKSON,City!-Clerk
APPROVED AS O FORM:
SCOTT/ EMOND, City Attorney
RAKaren Anderson\ORDINANCES\2022\2022.12.08Wnnexationofl 1.19Acres.docx
2
EXHIBIT "A"
CHICAGO TITLE INSURANCE COMPANY Commitment No.: CTT20721519
SCHEDULE A
(continued)
4. Legal description of land:
All that certain tract or parcel containing 0.9765 acre, (42,534.29 square feet), of land situated in the
Nathaniel Lynch Survey, A-44 in Harris County, Texas, said 0.9765 acre tract being that same tract of land
described as 0.979 acre of land in a deed filed for record under Harris County Clerk's File No. P-963224
and being more particularly described by metes and bounds as follows:
BEGINNING at an "x" in concrete (found) in the Southeasterly right-of-way line of Crosby- Lynchburg
Road, (varying in width) (per TX DOT R.O.W. MAP Acc. No. 9012-3-18), marking the Westerly-Southwest
corner of that certain call 28.79 acre tract of land as described in a deed filed for record under Harris
County Clerk's File No. 20090005895 and the Northwest corner of the herein described 0.9765 acre tract
of land;
THENCE S 79' 27' 52" E, a distance of 238.74 feet, (call S 79' 14' 00" E, 238.53 feet), along the common
line of said 28.79 acre and said 0.9765 acre tracts of land to a 3/8" iron rod with cap (found stamped
"LandTech") marking an interior corner of said 28.79 acre tract of land and the Northeast corner of the
herein described 0.9765 acre tract of land,-
THENCE S 10' 45' 07"W, a distance of 185.63 feet along the common line of said 28.79 acre and said
0.9765 acre tracts of land to a 5/8" iron rod with cap (found stamped "LandTech") in the North right-of-way
line of Interstate Highway 10 Frontage Road, (variable width) (per Volume 4429, Page 488, and Volume
2178, Page 356 H.C.D.R.), marking the Southerly-Southwest corner of said 28.79 acre tract of land and
the Southeast corner of the herein described 0.9765 acre tract of land;
THENCE N 79' 20' 00"W, a distance of 175.46 feet along the North right-of-way line of said Interstate
Highway 10 Frontage Road to a 5/8" iron rod with E.I.C. cap (set) marking the intersection of the North
right-of-way line of said Interstate Highway 10 Frontage Road with the Southeasterly right-of-way line of
said Crosby-Lynchburg Road, same point marking the Southeast end of a cut-back corner and the
Southerly-Southwest corner of the herein described 0.9765 acre tract of land;
THENCE N 30' 04'43"W, a distance of 104.96 feet along said cut-back corner to a point for corner on air
pump (found) in the Southeasterly right-of-way line of said Crosby-Lynchburg Road marking the Northwest
corner of said cut-back corner and the Westerly-Southwest corner of the herein described 0.9765 acre
tract of land:
THENCE N 05' 38' 50" E, a distance of 41.26 feet along the Southeasterly right-of-way line of said
Crosby-Lynchburg Road to a 5/8" iron rod with E.I.C. cap (set)for angle point;
THENCE N 18° 42' 55" E, a distance of 65.10 feet along the Southeasterly right-of-way line of said
Crosby-Lynchburg Road to the POINT OF BEGINNING and containing 0.9765 acre, (42,534.29 square
feet), of land.
NOTE: This Company does not represent that the above acreage or square footage calculations are
correct.
END OF SCHEDULE A
Form T-7: Commitment for Title Insurance(01/03/14) TX-CT-FOHO-03305.532015-SPS-1-20-CTT20721519
EXHIBIT "B"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, QT South, 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:
1. Services to be provided. The Parties agree that upon annexation,the City will provide the following
services within six(6)months following execution of this Agreement,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. Ut^ilitX. 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.
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
Services Agreement,Page 1
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) Sever ability. 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) 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) Complet 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) 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.
Services Agreement,Page 2
Entered into this day of ,20 .
CITY OF BAYTOWN
JASON E. REYNOLDS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
OWNER:
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally
appeared ,the of the
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 ,20 .
Notary Public, State of Texas
R-Aaren Anderson\CONTRACTS12023\Services Agreement-QT South.docx
Services Agreement.Page 3
EXHIBIT "A"
CHICAGO TITLE INSURANCE COMPANY Commitment No.: CTT20721519
SCHEDULE A
(continued)
4. Legal description of land:
All that certain tract or parcel containing 0.9765 acre, (42,534.29 square feet), of land situated in the
Nathaniel Lynch Survey, A-44 in Harris County, Texas, said 0.9765 acre tract being that same tract of land
described as 0.979 acre of land in a deed filed for record under Harris County Clerk's File No. P-963224
and being more particularly described by metes and bounds as follows:
BEGINNING at an "x" in concrete (found) in the Southeasterly right-of-way line of Crosby-Lynchburg
Road, (varying in width) (per TX DOT R.O.W. MAP Acc. No. 9012-3-18), marking the Westerly-Southwest
corner of that certain call 28.79 acre tract of land as described in a deed filed for record under Harris
County Clerk's File No. 20090005895 and the Northwest corner of the herein described 0.9765 acre tract
of land;
THENCE S 79' 27' 52" E, a distance of 238.74 feet, (call S 79' 14' 00" E, 238.53 feet), along the common
line of said 28.79 acre and said 0.9765 acre tracts of land to a 3/8" iron rod with cap (found stamped
"LandTech") marking an interior corner of said 28.79 acre tract of land and the Northeast corner of the
herein described 0.9765 acre tract of land;
THENCE S 10'45' 07"W, a distance of 185.63 feet along the common line of said 28.79 acre and said
0.9765 acre tracts of land to a 5/8" iron rod with cap (found stamped "LandTech") in the North right-of-way
line of Interstate Highway 10 Frontage Road, (variable width) (per Volume 4429, Page 488, and Volume
2178, Page 356 H.C.D.R.), marking the Southerly-Southwest corner of said 28.79 acre tract of land and
the Southeast corner of the herein described 0.9765 acre tract of land;
THENCE N 79' 20' 00"W, a distance of 175.46 feet along the North right-of-way line of said Interstate
Highway 10 Frontage Road to a 5/8" iron rod with E.I.C. cap (set) marking the intersection of the North
right-of-way line of said Interstate Highway 10 Frontage Road with the Southeasterly right-of-way line of
said Crosby-Lynchburg Road, same point marking the Southeast end of a cut-back corner and the
Southerly-Southwest corner of the herein described 0.9765 acre tract of land;
THENCE N 30' 04'43"W, a distance of 104.96 feet along said cut-back corner to a point for corner on air
pump (found) in the Southeasterly right-of-way line of said Crosby-Lynchburg Road marking the Northwest
corner of said cut-back corner and the Westerly-Southwest corner of the herein described 0.9765 acre
tract of land:
THENCE N 05' 38' 50" E, a distance of 41.26 feet along the Southeasterly right-of-way line of said
Crosby-Lynchburg Road to a 5/8" iron rod with E.I.C. cap (set) for angle point,-
THENCE N 18'42' 55" E, a distance of 65.10 feet along the Southeasterly right-of-way line of said
Crosby-Lynchburg Road to the POINT OF BEGINNING and containing 0.9765 acre, (42,534.29 square
feet), of land.
NOTE: This Company does not represent that the above acreage or square footage calculations are
correct.
END OF SCHEDULE A
Form T-7: Commitment for Title Insurance(01/03/14) TX-CT-FOHO-03305.532015-SPS-1-20-CTT20721519
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