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HomeMy WebLinkAboutOrdinance No. 16,543 (Item 5.a.)ORDINANCE NO. 16,543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 10.34 ACRES GENERALLY LOCATED AT THE NORTHEASTERN CORNER OF THE INTERSECTION OF INTERSTATE 10/EAST FREEWAY AND N. MAIN STREET, AT 7128 N. MAIN STREET, BAYTOWN, TEXAS 77521, LEGALLY DESCRIBED AS A TRACT OF LAND BEING A PORTION OF TRACTS 3C, 3D, 3F, 3G, AND 51, ABSTRACT 21, G, ELLIS SURVEY, HARRIS COUNTY, TEXAS, CURRENTLY DESIGNATED FOR AGRICULTURAL USE, FROM OPEN SPACE/RECREATION (OR) AND GENERAL COMMERCIAL (GC) TO A FREEWAY COMMERCIAL (FC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND 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 amends the official zoning map of the City of Baytown to effectuate zoning district changes for approximately 10.34 acres generally located at the northeastern corner of the intersection of Interstate 10 / East Freeway and N. Main Street, at 7128 N. Main Street, Baytown, Texas 77521, legally described as a tract of land being a portion of Tracts 3C, 3D, 3F, 3G and 51, Abstract 21, G. Ellis Survey, Harris County, Texas, currently designated for agricultural use, from Open Space/Recreation (OR) Zoning District AND General Commercial (GC) to a Freeway Commercial (FC) Zoning District. The amended portion of the official zoning map is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13th day of August, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney "Exhibit A" n 1; : ; :1 11 :1 11 1 LL 'WER jig St�,IG14CiE. ranms EAST FREEW kY FRONTAGE RD. NOT W TF W T 10h theB EW & 7128 N. MAIN ST. . RAYTOWN U, 77521 ro �01ARCHCON US EXHIBIT "A" Legal Description A TRACT OR PARCEL CONTAINING 10.34 ACRES OR 450,608 SQUARE FEET OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT NUMBER (NO.) 21, HARRIS, COUNTY, TEXAS, BEING ALL OF A CALLED 10.0424 ACRE TRACT, DESCRIBED IN DEED TO GEORGE GILMAN (TRUSTEE), AND SANCO PARTNERSHIP, LTD. (BENEFICIARY) TRUST AGREEMENT AND ACKNOWLEDGEMENT OF BENEFICIAL OWNERSHIP, RECORDED UNDER HARRIS COUNTY CLERK'S (H.C.C.F.) NO. P449877, ALSO BEING OUT OF LOT 3, OF GEO ELLIS LEAGUE, MAP OR PLAT THEREOF RECORDED UNDER VOL. 72, PG. 459, OF THE HARRIS COUNTY DEED RECORDS (H.C.D.R.), WITH SAID 10.34 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (4204): BEGINNING AT A 5/8 INCH IRON ROD CAPPED "WINDROSE" SET AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF INTERSTATE HIGHWAY 10 (R.O.W. VARIES) RECORDED UNDER VOLUME (VOL.) 3171, PAGE (PG.), HARRIS COUNTY DEED RECORDS (H.C.D.R.) AND THE EASTERLY R.O.W. LINE OF NORTH MAIN STREET (R.O.W. VARIES), FOR THE MOST SOUTH CORNER OF THE HEREIN DESCRIBED TRACT, - THENCE, NORTH 57 DEG. 35 MIN. 25 SEC. WEST, ALONG THE EASTERLY OF SAID NORTH MAIN STREET, A DISTANCE OF 70.65 FEET TO A 5/8 INCH IRON ROD CAPPED "WINDROSE" SET, FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 12 DEG. 50 MIN. 00 SEC. WEST, ALONG THE EASTERLY LINE OF SAID NORTH MAIN STREET, A DISTANCE OF 770.61 FEET TO A "X" IN CONCRETE SET, FOR A CORNER ON THE SOUTHERLY LINE OF SAID NORTH MAIN STREET AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 78 DEG. 28 MIN. 34 SEC. EAST, PASSING AT A DISTANCE OF 40.02 FEET A POINT ON THE SOUTH LINE OF SAID LOT 3, FOR THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO MONEYHON FAMILY, L.P., RECORDED UNDER H.C.C.F. NO. US83716, FROM WHICH A 5/8 INCH IRON ROD CAPPED "CCI" FOUND FOR REFERENCE BEARS NORTH 13 DEG. 02 MIN. WEST — 0.63 FEET, AND CONTINUING ALONG THE SOUTH LINE OF SAID LOT 3 FOR A TOTAL DISTANCE OF 548.72 FEET, TO A 5/8 INCH IRON ROD CAPPED "WINDROSE" FOUND, FOR AN INTERIOR CORNER OF SAID LOT 3 AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 5/8 INCH IRON ROD FOUND FOR REFERENCE BEARS SOUTH 62 DEG. 13 MIN. EAST — 1.20 FEET; THENCE, SOUTH 13 DEG. 05 MIN. 33 SEC. EAST, WITH THE COMMON LINE OF SAID MONEYHON FAMILY L.P. TRACT AND SAID 10.0424 ACRE TRACT, A DISTANCE OF 833.86 FEET TO A 1/2 INCH IRON PIPE FOUND ON THE NORTHERLY R.O.W. LINE OF SAID INTERSTATE HIGHWAY 10, FOR THE SOUTHWEST CORNER OF SAID MONEYHON FAMILY L.P. TRACT AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT FROM WHICH A CONCRETE MONUMENT FOUND FOR REFERENCE BEARS SOUTH 81 DEG. 34 MIN. EAST — 1.09 FEET; THENCE, WITH THE NORTHERLY R.O.W. LINE OF SAID INTERSTATE HIGHWAY 10, THE FOLLOWING FIVE (5) COURSES AND DISTANCES; SOUTH 85 DEG. 59 MIN. 54 SEC. WEST, A DISTANCE OF 102.58 FEET TO A 5/8 INCH IRON ROD CAPPED °CIR" FOUND, FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; SOUTH 77 DEG. 59 MIN. 44 SEC. WEST, A DISTANCE OF 156.36 FEET TO A 5/8 INCH IRON ROD FOUND, FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; NORTH 12 DEG. 57 MIN. 46 SEC. WEST, A DISTANCE OF 3.80 FEET TO A 5/8 INCH IRON ROD CAPPED "WINDROSE" SET, FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; 4. SOUTH 78 DEG. 23 MIN. 44 SEC. WEST, A DISTANCE OF 94.70 FEET TO A 3/4 INCH IRON ROD (DISTURBED) FOUND, FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; SOUTH 77 DEG. 50 MIN. 34 SEC. WEST, A DISTANCE OF 150.22 FEET TO THE PLACE OF BEGINNING AND CONTAINING 10.34 ACRES OR 450,608 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 61183-CAT1B, PREPARED BY WINDROSE. Form T-7_ Commitment for Title Insurance (01/03/14) TX ---- SPS-1 Page 3