Ordinance No. 12,628ORDINANCE NO. 12,628 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 81.6 ACRES OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, LEGALLY DESCRIBED AS TRACT 43, ABSTRACT 21, HARRIS COUNTY, EAST OF THE INTERSECTION OF N. MAIN STREET AND WALLISVILLE ROAD, 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 1 of this ordinance, were held, during the City Council meeting on the 24th day of July, 2014, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is 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 10th day of July, 2014, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board and website on the 10th day of July, 2014, which date is not more than twenty (20) nor less than ten (10) days prior to the date of the public hearings; and WHEREAS, on the 10th day of July, 2014, 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 st day of January, 2014, was 39.53 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 73,238 inhabitants; and WHEREAS, the below- described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; 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 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 pasZi6 manner provi ded in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative he City Council of the City of Baytown this the 28`h day of August, 2014. /J A IA BRYSCH, City APPROVED AS TO FORM: — ,I / i STENCARLOS, Mayor INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 25`h day of September, 2014. STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R: \KarenlFiles \City CouncihOrdinances\20MAugust 28\Annexationot81.6Acres.doc 2 • II • lam_ �� i i — ,I / i STENCARLOS, Mayor INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 25`h day of September, 2014. STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R: \KarenlFiles \City CouncihOrdinances\20MAugust 28\Annexationot81.6Acres.doc 2 STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of an 81.5891 acre tract of land situated in the George Ellis Survey, Abstract 21, Hams County, Texas and being all of a `balled" 80 acre tract known as the West '% of Lot 9 of a subdivision of the George Ellis Survey as recorded in Volume 72 at Page 459 of the Deed Records of Harris County, Texas. Said "called" 80 acres being that same land awarded to 0. L. Clevenger, et ux, in Judgment dated December 13, 1971 and recorded under County Clerk's File No. D482784 of the Deed Records of Barris County, Texas. This 81.5891 acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE. ALL DISTANCES ARE ACTUAL DISTANCES. TO GET GRID DISTANCE, MULTIPLY ACTUAL DISTANCES BY 0.99990137. BEGINNING at a 1 inch iron pipe found at a fence corner in the South right -of -way line of Wallisville Road (60 feet wide right -of -way) at the Northeast corner of that certain 10.000 acre tract of land conveyed by M. S. Young Co., Inc. to Eagle Nest Business Park, LTD, by Decd dated August 18, 2003 and recorded under County Clerk's File No. W947360 of the Official Public Records of Real Property of Harris County, Texas. Said point being in the West line of said 81.5891 acres herein described and being the POINT OF BEGINNING of this tract. Said point having a State PIane Coordinate Value of Y= 13,869,646.794 and X =3,249,104.568. THENCE: North 12 °09'48" West along the West line of this tract and the West line of said West 1/2 of said Lot 9 for a distance of 55.39 feet to a point in road for the Northwest comer of this tract and the Northwest comer of the West %Z of said Lot 9. THENCE: North 77'40'56" East along the North line of this tract and the North line of said West 1/2 of said Lot 9 for a distance of 1325.04 feet to a point in road for the Northeast comer of this tract and the Northeast comer of said West Y2 of said Lot 9. PAGE 2 — 81.5891 ACRES. THENCE: South 12 °16'25" East along the East line of this tract and the East line of said West �4- of said Lot 9 and at 4822 feet pass a 5/8 inch iron rod found in the South right - of -way line of Wallisville Road for reference at the Northwest comer of that certain 40.14 acre tract of land conveyed by Bonnie Gail Goodrich to Patsy Hill Goodrich by Deed dated September 30, 2004 and recorded under County Clerk's File No. X987850 of the official Public Records of Real Property of Hams County, Texas and by Barbara Gwenn Goodrich to Patsy Hill Goodrich by Deed dated October 4, 2004 and recorded under County Clerk's File No. X987851 of the Official Public Records of Real Property of Harris County, Texas; in all, a total distance of 2679.12 feet to a'' /z inch iron rod, with cap, set for the Southeast corner of this tract and the Southeast corner of that certain 2.74 acre right-of-way easement from 0. L. Clevenger, et ux, to San Jacinto River Authority by Instrument dated July 13, 1966 and recorded under County Clerk's File No. C341590 of the Deed Records of Harris County, Texas; in the North line of that certain 116.00 acre tract of land conveyed by IH 10 -116, LTD, George Gilman, Trustee, to I.H. Ten -116, Ltd, by Trust Agreement & Acknowledgment of Beneficial Ownership dated May 20, 1985 and recorded in County Clerk's File No. K165239 of the Deed Records of Harris County, Texas. THENCE: South 77 °51'50" West along the South line of this tract, the South line of said 2.74 acres and the North line of said 116.00 acres for a distance of 1330.18 feet to a %z inch iron rod, with cap, set for the Southwest comes of this tract, the Northwest corner of said 116.00 acres and the Northeast corner of that certain 43.3094 acre tract of land conveyed by Rice Trust, Inc. to Baytown Riceland Venture by Deed dated June 15, 1998 and recorded under County Clerk's File No. T086062 of the Official Public Records of Real Property of Harris County, Texas; from which a 518 inch iron rod (found) bears South 03 118'05" East 7.75 feet THENCE: North 12 °09'48" West along the West line of this tract, the West line of said 2.74 acres, the East line of a 3.2797 acre tract of land conveyed to San Jacinto River Authority, the Southernmost East line of that certain 30.7232 acre tract of land conveyed by C. L. "Chuck" Thompson, Trustee, to Efrain Garcia by Deed dated August 28, 2003 and recorded under County Clerk's File No. W985403 of the Official Public Records of Real Property of Harris County, Texas, and the East Iine of the heretofore mentioned 10.000 acre tract of land, and at 112.60 feet pass a 3/4 inch iron rod, with cap, found for the Northeast corner of said 3.2797 acres and the Southernmost Southeast comer of said 30.7232 acres; at 120.00 feet pass a point for the Northwest comer of said 2.74 acres; in A a total distance of 2619.52 feet to the PLACE OR BEGINNING and containing within these boundaries 81.5891 acres of land, of which 2.74 acres lies within the boundaries of the existing San Jacinto River Authority Canal right -of -way easement and of which 1.5759 acres lies within the limits of the right -of -way of Wallisville Road. got O&V Al PAGE 3 — 81.5891 ACRES. SURVEYOR'S CERTIRCATE I, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision, in January of 2006 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the Oh day of January, A. D., 2006. ti F r" *Je Rams ey � � � cd Professional Land Surveyor No. 4379 .•• � ••• JULfiENE RAM9EY 05- 2800B.fdn.doo . � ;'E "gala" 1n.'. S j mf � r � y 1 { m ra { + w gll 1 { .� l, k i • WIN 04 { n � 2 ry'•' 40 11 Q� �YN4� 11 p�5 4� u^ ,fly utj pt nil 0 Rol • �� 1� ,�4 titi�o � �' QL at . Y ! ' erg ! �qp 1�