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Ordinance No. 16,195ORDINANCE NO. 16,195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 19.86 ACRES OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT NUMBER 21, HARRIS COUNTY, TEXAS, BEING ALL OF A CALLED 19.8637 ACRES CONVEYED TO LOIS MILLER HORTON 20o INTEREST AT HARRIS COUNTY'S CLERK FILENUMBER RP-2021-642026 AND LYNN M. WEISKITTEL, AS TRUSTEE OF THE LYNN M WEISKITTEL REVOCABLE TRUST DATED NOVEMBER 16, 2021 500 o INTEREST AT HARRIS COUNTY CLERK'S FILE NUMBER RP-2021-745867, AND BEING OUT OF A CALLED 26.01 ACRE TRACT CONVEYED LYNN MILLER WEISKITTEL ET AL AS CO - TRUSTEES OF THE WILLIAM F. MILLER FAMILY TRUST AS HARRIS COUNTY CLERK'S FILE 'NUMBERS P250232 AND P25023, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ******************************************************************************************** WHEREAS, two public hearings before the City Council of the City of Baytown, Texas (the "City Council"), 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 meeting on the 26"' day of June, 2025, in the City Council Chamber of City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; 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 the 8"' day of June, 2025, which date is not more than twenty (20) nor less than ten (10) days prior to such public hearings; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice boards and website on the 12"' day of July, 2025; 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 l' day of January, 2025, was approximately 45 square miles; and Texas; and WHEREAS, the population of the City of Baytown, Texas, is approximately 83,199 inhabitants; and WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City of Baytown, WHEREAS, it is necessary to include the newly annexed territory described herein in a Council District; WHEREAS, the City Council held the First Reading of the Ordinance on 24"' day of July, 2025; and WHEREAS, the City Council will hold the Second and Final Reading of the Ordinance on 14" day of August, 2025; 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 judgement 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 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 property so added hereby shall bear its pro rata 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 §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby 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 affirmative vote of the City Council the City of Baytown this the 24"' day of July, 2025. y p 'TrI1AdARLES JO N, Mayor A EST: `'t3 OYYe4eY 00004eQ ��t'^ J. US- 3 A O V- e e ANGE A C O IY O erk ` e� e�Q• sem° i rt=u0 cr' C��q APPROVED IkS SCOTT L�OND,�City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 14`h day of August, 2025. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney R: Ordinances and ResolutionslOrdinance DraRs12025-07-24Wnnexation First Reading. Voluntary Annexation 5401 IH 10.19.86.2nd draft.kh.docx EXHIBIT "A" METES AND BOUNDS DESCRIPTION 19.86 ACRES (865,179 SQUARE FEET) GEORGE ELLIS SURVEY, ABSTRACT NUMBER 21 HARRIS COUNTY, TEXAS Being a tract or parcel containing 19.86 acres (865,179 square feet) of land situated in the George Ellis Survey, Abstract Number 21, Harris County, Texas, being all of a called 19.8637 acres conveyed to Lois Miller Horton 2% interest at Harris County Clerk's File Number RP-2021-642026 and Lynn M. Weiskittel, as trustee of the Lynn M. Weiskittel Revocable Trust dated November 16, 2021 50% interest at Harris County Clerk's File Number RP-2021-745867, and being out of a called 26.01 acre tract conveyed Lynn Miller Weiskittel Et Al as Co -trustees of the William F. Miller Family Trust at Harris County Clerk's File Numbers P250232 and P250231; said 19.86 acre tract being more particularly described by metes and bounds as follows (bearing are based on the Texas State Plane Coordinate System, South Central Zone No. 4204, NAD83): COMMENCING at the intersection of the north right-of-way line of Interstate 10 (width varies) as recorded at Volume 1687, Page 201 and Volume 1869, Page 397 of the Harris County Deed Records, and the east right-of-way line of Garth Road (width varies); THENCE North 77058'14" East, along the north right-of-way line of said Interstate 10, a distance of 967.40 feet; THENCE North 74009'44" East, continuing along the north right-of-way line of said Interstate 10, a distance of 844.80 feet to 5/8-inch iron rod with plastic cap stamped "Landpoint" set marking the POINT OF BEGINNING, the southeast corner of a called 1.2471 acre tract conveyed to Wisch Leasing Group, LP at Harris County Clerk's File Number RP-2018-359266, and the south most corner of the herein described tract; THENCE North 12020'11"West, alongthe east line of said called 1.2471 acre tract, a distance of 1,811.28 feet (called North 12020'27" West, 1,811.56 feet) to a point in the south line of a called 5.5579 acre tract conveyed to Spring Meadows Municipal Utility District for the northeast corner of said called 1.2471 acre tract and the northwest corner of the herein described tract, from which a 2-inch iron pipe bears South 86005' West, 1.1 feet; THENCE North 79°06'44" East (called North 79008'43" East), along the south line of said called 5.5579 acre tract, a distance of 733.79 feet to a 2-inch iron pipe found in the west line of the residue of a called 63.0475 acre tract conveyed to Ten Main -Baytown, LTD at Harris County Clerk's File Number 20140251324 marking the southeast corner of said called 5.5579 acre tract and the northeast corner of the herein described tract; THENCE South 12°23'01" East, along the west line of said residue of said Ten Main -Baytown tract and the west line of Baytown Nissan Minor Replat a subdivision recorded by plat under Film Code Number 685641 of the Harris County Map Records, a distance of 1,048.65 feet to a 2-inch iron pipe found marking the northeast corner of UPS Baytown a subdivision recorded by plat under Film Code Number 628210 of the Harris County Map Records and the northerly southeast corner of the herein described tract; THENCE South 74°08'57" West, along the north line of said UPS Baytown, a distance of 250.01 feet to a 2-inch pipe found in the east line of a called 6.124 acre tract conveyed to BT-OH, LLC at Harris County Clerk's File Number 20140386123 marking the northwest corner of said called UPS Baytown and an angle point of the herein described tract; THENCE North 12021'36" West, along the east line of said called 6.124 tract, a distance of 52.12 feet to a bent 3/8-inch iron rod found making the northeast corner of said called 6.124 tract and an interior elbow of the herein described tract; THENCE South 74*03'15" West, along the north line of said called 6.124 tract, a distance of 356.20 feet to a point for the northwest corner of said called 6.124 tract and an interior elbow of the herein described tract, from which a 5/8-inch iron rod with plastic cap stamped "Wells" bears North 12*22' West, 0.2 feet; THENCE South 12021'36" East, along the west line of said called 6.124 tract, a distance of 750.42 feet to a 3/8-inch iron found in the north right-of-way line of said Interstate 10 marking the southwest corner of said called 6.124 tract and the southerly southeast corner of the herein described tract; THENCE South 74107'15" West, alongthe north right of way line of said Interstate 10, a distance of 129.93 feet to the POINT OF BEGINNING and containing 19.86 acres (865,179 square feet) of land. V; - 4f � IF IJ ems` 4-1 Lo EXHIBIT B Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Bryan Hahn of PUIte Homes of Texas, L.P. (the "Owner"), appointed by the owners, Lynn Miller Weiskettel, Lois Horton, Roy Miller Elliott, Jr., and Laura Reyes, on behalf ofdie owners ofthe 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: l . 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 prciccted on the Property as of the date hereof: a. lire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b. Police. The City, through its Police Department, gill provide law enforcement services to the Property. Ifealth. 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 throu�11h, its Public Works, Engineering and Finance Departments, will provide water, sc%rer, 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 O%%ner. 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 Aureenlent shall commence on the date of the annexation of the Property by the City and shall tenninate one year after the services referenced in Section I 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 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 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 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. (c) [Headings. The headings appearing at the First ofeach 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 43.0E72 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. (1) 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. li) 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 A<(reement. Page 2 Entered into this day of ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO DORM: SCOTT LEMOND, City Attorney 2025. CITY OF BAYTOWN J . SON REYNOCDS, City Manager OWN ' R: (Signature) 14YAt-J (Printed Name) P of J-�oA t►&tTto�— (Title) S'I AfE 01: TEXAS COUNTY O1� l IARRIS Before me, I the undersigned notary public, on this day personally appeared the �I. the I" known to me or proved to me on the oath of' ;description of proved to me tillou1-1h liis her current identification card or other document issued by the federal government go ,ny state government that contains the photograph and signature of the acknowledgingperson,' (check one) to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that hdshe executed that instrument tier the purposes and consideration therein expressed. Given under my hand and seal of office this &day of T►nD ��, 2025. APRIL RODRIGUEZ — -- .v N� .'""'' Jotary Public, scaco of Toms Notary ublic, State of TelMs . N ,omm. Expires 0425 2026 Notary ID 125689971 \ c,luntarN .\nnexauon .\greement for Sen ices I'()R\I Sera+ces \greenrent Ii+r Company 2021 doc R: Karen I lomcr Document, Ille; Cone;+cts Services Agreement, Page 3 EXHIBIT "A" METES AND BOUNDS DESCRIPTION 19.86 ACRES (865,179 SQUARE FEET) GEORGE ELLIS SURVEY, ABSTRACT NUMBER 21 HARRIS COUNTY, TEXAS Being a tract or parcel containing 19.86 acres (865,179 square feet) of land situated in the George Ellis Survey, Abstract Number 21, Harris County, Texas, being all of a called 19.8637 acres conveyed to Lois Miller Horton 2% interest at Harris County Clerk's File Number RP-2021-642026 and Lynn M. Weiskittel, as trustee of the Lynn M. Weiskittel Revocable Trust dated November 16, 2021 50% interest at Harris County Clerk's File Number RP-2021-745867, and being out of a called 26.01 acre tract conveyed Lynn Miller Weiskittel Et Al as Co -trustees of the William F. Miller Family Trust at Harris County Clerk's File Numbers P250232 and P250231; said 19.86 acre tract being more particularly described by metes and bounds as follows (bearing are based on the Texas State Plane Coordinate System, South Central Zone No. 4204, NAD83): COMMENCING at the intersection of the north right-of-way line of Interstate 10 (width varies) as recorded at Volume 1687, Page 201 and Volume 1869, Page 397 of the Harris County Deed Records, and the east right-of-way line of Garth Road (width varies); THENCE North 7715814" East, along the north right-of-way line of said Interstate 10, a distance of 967.40 feet; THENCE North 74°09'44" East, continuing along the north right-of-way line of said Interstate 10, a distance of 844.80 feet to 5/8-inch iron rod with plastic cap stamped "Landpoint" set marking the POINT OF BEGINNING, the southeast corner of a called 1.2471 acre tract conveyed to Wisch Leasing Group, LP at Harris County Clerk's File Number RP-2018-359266, and the south most corner of the herein described tract; THENCE North 12*20'11"West, along the east line of said called 1.2471 acre tract, a distance of 1,811.28 feet (called North 12120'27" West, 1,811.56 feet) to a point in the south line of a called 5.5579 acre tract conveyed to Spring Meadows Municipal Utility District for the northeast corner of said called 1.2471 acre tract and the northwest corner of the herein described tract, from which a 2-inch iron pipe bears South 86°05' West, 1.1 feet; THENCE North 79°06'44" East (called North 79008'43" East), along the south line of said called 5.5579 acre tract, a distance of 733.79 feet to a 2-inch iron pipe found in the west line of the residue of a called 63.0475 acre tract conveyed to Ten Main -Baytown, LTD at Harris County Clerk's File Number 20140251324 marking the southeast corner of said called 5.5579 acre tract and the northeast corner of the herein described tract; THENCE South 12023'01" East, along the west line of said residue of said Ten Main -Baytown tract and the west line of Baytown Nissan Minor Replat a subdivision recorded by plat under Film Code Number 685641 of the Harris County Map Records, a distance of 1,048.65 feet to a 2-inch iron pipe found marking the northeast corner of UPS Baytown a subdivision recorded by plat under Film Code Number 628210 of the Harris County Map Records and the northerly southeast corner of the herein described tract; THENCE South 74°08'57" West, along the north line of said UPS Baytown, a distance of 250.01 feet to a 2-inch pipe found in the east line of a called 6.124 acre tract conveyed to BT-OH, LLC at Harris County Clerk's File Number 20140386123 marking the northwest corner of said called UPS Baytown and an angle point of the herein described tract; THENCE North 12021'36" West, along the east line of said called 6.124 tract, a distance of 52.12 feet to a bent 3/8-inch iron rod found making the northeast corner of said called 6.124 tract and an interior elbow of the herein described tract; THENCE South 74*03'15" West, along the north line of said called 6.124 tract, a distance of 356.20 feet to a point for the northwest corner of said called 6.124 tract and an interior elbow of the herein described tract, from which a 5/8-inch iron rod with plastic cap stamped "Wells" bears North 12122' West, 0.2 feet; THENCE South 12°21'36" East, along the west line of said called 6.124 tract, a distance of 750.42 feet to a 3/8-inch iron found in the north right-of-way line of said Interstate 10 marking the southwest corner of said called 6.124 tract and the southerly southeast corner of the herein described tract; THENCE South 74107'15" West, along the north right of way line of said Interstate 10, a distance of 129.93 feet to the POINT OF BEGINNING and containing 19.86 acres (865,179 square feet) of land.