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Resolution No. 3061 (Item 4.a.)RESOLUTION NO. 3061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A PETITION FOR THE ESTABLISHMENT OF THE BAY CREEK PUBLIC IMPROVEMENT DISTRICT NO. 2; SETTING A PUBLIC HEARING REGARDING THE ADVISABILITY OF THE PROPOSED IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the Public Improvement District Assessment Act (the "Act") authorizes the creation of public improvement districts; and WHEREAS, the owners of real property delivered to the City of Baytown a petition requesting that the City Council create the Bay Creek Public Improvement District No. 2 ("the District"); and WHEREAS, such petition, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes (the "Petition"), indicates that it has been signed by: (1) the owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal; and WHEREAS, City staff have reviewed the Petition and determined that same to be in compliance with the requirements of the Act; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The findings set forth in the recitals of this resolution are found to be true and correct. Section 2: That the City Council of the City of Baytown hereby accepts the Petition, which is filed with the City Clerk and is available for public inspection. Section 3: On the 12`h day of February, 2026, at the regular meeting of the City QCouncil, which commences at 6:30 p.m., in the City Hall Council Chambers of the City of Baytown, 2401 Market Street, Baytown, Texas, the City Council will hold a public hearing giving all interested parties the right to appear and be heard on the advisability of the improvements, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs between the District and the City. Section 4: The City Council hereby authorizes and directs the City Clerk in accordance with the Act, to: (a) publish notice of the public hearing in a newspaper of general circulation in the City; and (b) mail notice of the public hearing to the owners of property located in the proposed District as reflected on the tax rolls. Section 5: This resolution 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 81h day of January, 2026. CHARLES J ON, Mayor ATTEST: ANGELA JACKSf3N, Cityal APPROVED S TO FORM: SCOTT LEgOND, City Attorney R: Ordinances and Resolutions'Resolution Drafts City Council\2026-1-8 Resolution Accepting PID Petition for Bay Creek Public Improvement District No. 2 and Setting Public Hearing.kh.docx Exhibit "A" PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF BAYTOWN, TEXAS (Bay Creek Public Improvement District No. 2) THE STATE OF TEXAS COUNTY OF HARRIS The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), hereby petitions and requests the City Council of the City of Baytown, Texas (the "City") create a public improvement district (the "District") encompassing the approximately 55.491 acres described in Exhibit A attached hereto ("Property") located within the corporate limits of the City, and in support of this petition the Petitioner would present the following: Section 1. Standing -of Petitioner. The Petitioner is (1) the owner of taxable real propert; representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owner of real property liable for assessment under the proposal who: (a) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (b) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. Section 2. General nature of the proposed public improvements. The proposed public improvements (collectively, the "Authorized Improvements") include: (i) landscaping; (ii) erection of fountains, distinctive lighting, and signs; (iii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of -way; (iv) construction or improvement of pedestrian malls; (v) acquisition and installation of pieces of art; (vi) acquisition, construction, or improvement of libraries; (vii) acquisition, construction, or improvement of off-street parking facilities; (viii) acquisition, construction, improvement, or rerouting of mass transportation facilities; (ix) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (x) the establishment or improvement of parks; (xi) projects similar to those listed in Subdivisions (i)-(x); (xii) acquisition, by purchase or otherwise, of real property in connection with an authorised improvement; (xiii) special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; (xiv) payment of expenses incurred in the establishment, administration, and operation of the district; (xv) the development, rehabilitation, or expansion of affordable housing; and (xvi) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District. These Authorized Improvements 006646.000173A936-8360-3499.v1 shall promote the interests of the City and confer a special benefit upon the Property. P rty Section 3. Estimated cost of the proposed Authorized Improvements: Petitioner estimate the cost to design, acquire and construct the Authorized Improvements is $12,000,000. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assessment. The City shall levy assessments on each lot or parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted. Section 6. Apportionment of cost. The proposed apportionment of cost between the District and the City as a whole is as follows: The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on properties in the District and from other sources of funds, if any, available to the Petitioner. Section 7. Mana,_,ement of the District. The management of the District will be ^ the ultimate responsibility of the City; provided that, to the extent allowed by law, the City f4 J� may contract with a private company to carry out all or a part of such City responsibilities, as well as the day-to-day management and administration of the District. Section 8. Concurrence of the Petitioner. The Petitioner signing this petition concurs in and requests the establishment of the District. Section 9. Advisor% board. An advisory board is not required but may be established by the City to develop and recommend an improvement plan to the City Council of the City. The undersigned requests that the City Council grant its consent as stated above. RESPECTFULLY SUBMITTED, on this day of , 2025. [Signature on following page] 006646.00017314936-8360-3499.v 1 PETITIONER: CASTI.F,ROCK COMMIJNIHES, LLC, a Delaware limited liability company By: Name: ti Title: THE STATE OF TEXAS COUNTY OF �__ This instrument was acknowledged before me on this the day of c •_d_, 2025, by Exec• VIC2 det* of CASTLI;ROCK COMMUNITIES, LLC, a Delaware limited liability company. ELENI ANAGNOSTOPOULOS Notary Public, State of Texas ��. 4g Comm. Expires03-14-2028 Notary ID 131 183903 006646.000173'4936-8360-3499.v 1 Note 'ublic in and for the State ofTEXAS Exhibit A LEGAL DESCRIPTION OF BOUNDARIES 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 Harris 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 Harris 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 1\o. 564-03-0204 of the Official Public Records of Real Property of Harris County, Texas, and for the southwesterly corner of said tract herein described; THENCE 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 i 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 Codc 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; 0 4 006646.00017314936-8360-3499.v I Al 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 comer 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'h 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 ('bract 11 A) 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" West 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 60' 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 151 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 006646,000173'.4936-8360-3499.v I 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 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 vellow 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 comer of the residue of a called 4.0136-acre tract as conveyed unto the Daniel J. Hankamer 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 Harris County, Texas, for the northwesterly comer 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 Harris County, Texas, and for an angle point on the southeasterly line of said tract herein described; THENCE 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; 'ITIENCE 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 Fcndley & 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; C 6 006646.00017314936-8360-3499.v 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) foran 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 are 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 t larris 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 120 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; 7 006646.0001 M4936-8360-3499.v 1 X THENCE South 771 51' 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 1N THE GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, 'TEXAS". Cobb, Fendley & Associates, Inc. TBPELS Firm Registration'No. 100467 13430 N W freeway, Suite 1100 Houston, TX 77040 Phone: 713-462-3242 Job Number 2110-001-08-02 February 1, 2022 006646.000173\4936-8360-3499.v I