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Ordinance No. 12,923ORDINANCE NO. 12, 923 20150451492 10/02/2015 RPi $52.00 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 21.82 ACRES APPROXIMATELY 1200 FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE SANTAVY STREET RIGHT -OF -WAY AND LEGALLY DESCRIBED AS LAND IN WASHINGTON COUNTY RAILROAD COMPANY (W.C.R.R.) SURVEY NUMBER 1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, 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 1 of this ordinance, were held, during the City Council meeting on the 91" day of July, 2015, 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 23`d day of June, 2015, 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 23`d day of June, 2015, which date is not more than twenty (20) nor less than ten (10) days prior to the date of the public hearings; 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 151 day of January, 2015, was 39.92 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 74,487 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 prepaypd 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 Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative Baytown this the 13th day of August, 2015. ATR ST: ! LETICIA BRYSCH, ty Clerk (\,o °\ •. �� e APPROVED AS TO FORM: �FOF�2QqACIO RAMIREZ, SR., Ci ttorney INTRODUCED, READ and PASSED on the day of September, 2015. AATT ICIABRYSCH, APPROVED AS TO FORM: Lea -'r," I' `�. provided in Article 1, f the City Council of the City of Mayor FINAL READING this the 10th DONCARLOS, `' •p•••O rye, .. r ^ � h ��O e•9 =•a J-X i • tf,��q.�• •: R:`.KaretfTilesTity Counci1'.0rdinances\2015\August MAnnexationof21.82Acres.doc `t 4 v w Exhibit "A" CITY OF BAYTOWN 14Q� PETIITON REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRISICHAMBERS COME NOW, Koudedm Acres, LLC , Owner(s) of the real property describes as follows to -wit (Describe property and attach metes and bounds) Metes and bounds attached (State property location, for example, the property is located north of 1 -10 near N. Main Street.) The property Is approArnately 22 acres located appro4mately 0.7 miles south of 1-10 and 0.31 miles west of Garth Rd. at the northeast comer of to be built San Jacinto Rd. & Santavy Rd. (State the purpose of this annexation — What will be built, placed, etc.) • ResidentiaUManufactured (Number of Lots) [X Multifamily (Number of Units) 337 • Commercial Business (Business type) o RV Park (Number of Pads) • Restaurant (Number of seats) o Hatel/Mote1 (Number of Beds) • Office Building (Number of Occupants) o Retail (Number of Washrooms) o Other (description) Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residence or on which fewer than three qualified voters reside. (I). (W), Koudelka Acres, LLC the Owner(s) of the above - described properly request annexation of the property by the City of Baytown. SIGNED this the day of 20�. Koudelka Acres, LLC Own (X0,07 4' Z'_4'0A1 rj(pe Name & Title 15 Sedgewydc Dr., Delmar, NY 12054 -9867 Address (518) 439 -8638 Telephone Number Ljh022 @ed.crom `v Email Address MAY 212015 0C�1: Type Name & Title Address Telephone Number Email Address P1,15060013 Acknowledgement State of T4mv N"-4J Yor t- § County of Hams / Chambers- 411 BEFORE ME, the undersigned authority, on this day personally appeared 76e . ,t1agwsGii . know to me to be the person(s) whose name(s) is/are subscribed hereto, and who acknowledged that he/she/they executed the same for the purpose and consideration therein expressed. s� To certify which witness my hand and official seal on this the day of 20 /4—. Notary Public STATE OFT -�-i X A o- ANNA BURMISTROVA &4W yelr._ Notary Public, State of New York (seal) Qualified Jn Albany County Reg. No. 01 BU6285780 My Commission Expires July 15, 2017 Corporate Acknowledgement State of Texas New yOr,e" § County of Har is/Ghan*erts, § This instrument was acknowledged before me on 'X/ 20 � by ew-7 as old . a corporation and on behalf of said corporation. To certify which witness my hand and official seal on this the a-V day of .2016-, :9�4c4sw4ev, Notary Public' STATE OF T- E X A S (seal) ANNA BURMISTROVA Notary Public, State of New York Qualified in Albany County Reg. No. 01 SU6285780 My Commission Expires July 15, 2017 AFTER RECORDING, RETURN TO: City of Baytown Attn: Planning Department P. O. Box 424 Baytown, TX 77522 -0424 Exhibit "A" mlERRA 3W Mt_ aft ZW - HmrM^ Tews 7e — ") 9-0-OW — FM CM) 99'392 1 SUit V EYING COUPA T. BOAC METES AND BOUNDS DESCRIPTION 21.82 ACRES (950,386 SQUARE FEET) W.C.R.R. COMPANY SURVEY NUMBER 1. ABSTRACT NUMBER 899 HARRIS COUNTY, TEXAS Page 1 of 2 Being a tract or parcel, containing 21.82 acres (950,386 square feet) of land, situated in the Washington County Railroad (W.C.R.R.) Company Survey Number 1, Abstract Number 899, Harris County, Texas, being part of and out of Block 20, HIGHLAND FARMS, a plat of subdivision recorded in Volume 10, Page 47, Harris County Map Records (I- I.C.M.R.), a portion of the Future San Jacinto Boulevard (called 100 feet wide) described as a called 0.710 acre tract of land dedicated for Right -of -Way (R.O.W.) and a portion of Santavy Street (60 feet wide) described as a called 3.486 acre tract as, both recorded in KSTX Baytown Final Plat. a plat of subdivision recorded at Film Code Number 674108 H.C.M.R., also being part of and out of the remainder of that certain called 54.3552 acres described in deed to Koudelka Acres, LLC, as recorded under County Clerk's File (C.C.F.) Number 20140313717, Official Public Records of Real Property of Harris County, "Texas (O.P.R.R.P.H.C.); said 21.82 acre tract being more particularly described, as follows (bearings herein are grid bearings based on the Texas State Plane Coordinate System, South Central Zone Number 4204, NAD 83 (NA2011): distances are surface distances based on the U.S. Survey Foot and may be converted to grid by multiplying by a combined scale factor of 0.999870017): BEGINNING at a 3/4 -inch iron pipe with cap found in the center line of said Future San Jacinto Boulevard, same being in the east line of Lot 26 Unit D of Elena Fruit and Cotton Farms, a plat of subdivision recorded in Volume 7. Page 48, H.C.M.R., same being in the south line of the remainder of that certain called 82.8694 acres described in deed to Garth 82, Ltd., as recorded under C.C.F. Number K165243, O.P.R.R.P.H.C.; said iron pipe also marking the northeast corner of that certain Tract 1 described in deed to Pascual Olivares, as recorded under C.C.F. Number 20120442665 O.P.R.R.P.H.C.; said iron pipe also marking the northwest corner of said 54.3552 acre tract and of the herein described tract; THENCE, North 77 009'33" East (call North 77 °09'23" East), with the south line of said 82.8694 acre tract and the north line of said 54.3552 acre tract, at a distance of 50.01 feet passing a 5/8- inch iron rod with plastic cap, stamped "TERRA SURVEYING ", set marking the northeast corner of said called 0.710 acre tract and continuing in all a total distance of 951.11 feet to a 1/2-inch iron rod found in the east line of that certain called 7.574 acres, being a 150 -foot wide easement, described in deed to Houston Lighting & Power Company, as recorded in Volume 3106, Page 146. Deed Records of Harris County, Texas; said iron rod also marking the northwest corner of that certain called 32.54 acres described in deed to KSTX Baytown, LLC, as recorded under C.C.F. Number 20140374922 O.P.R.R.P.H.C.; said iron rod also marking the northwest corner of Restricted Reserve "A ", Block 1, of said KSTX Baytown Final Plat and the northeast corner of the herein described tract; METES AND BOUNDS DESCRIPTION 21.82 ACRES (950,386 SQUARE FEET) W.C.R.R. COMPANY SURVEY NUMBER 1, ABSTRACT NUMBER 899 HARRIS COUNTY. TEXAS Page 2 of 2 THENCE, South 12 °47'10" East, with the east line of said 7.574 acre easement tract, and the west line of said 32.54 acre tract and said Restricted Reserve "A ", at a distance of 392.35 feet pass a 5/8 -inch iron rod with plastic cap, stamped "TERRA SURVEYING," set marking the west common corner of said Restricted Reserve "A" and Lot 4, Block 1 of said KSTX Baytown Final Plat; continuing with said east easement line, the west line of said 32.54 acre tract, and the west line of said Lot 4, at a distance of 933.86 feet passing a 5/8 -inch iron rod with plastic cap, stamped "TERRA SURVEYING," set in the north R.O.W. line of the aforesaid Santavy Street; said iron rod also marking the southwest corner of said 32.54 acre tract and said Lot 4 and continuing in all a total distance of 993.87 feet to a found 5/8 -inch iron rod with Aluminum cap in concrete in the south line of said Santavy Street same being the northeast corner of certain called 5.487 acres, being a Fee Strip, described in deed to Houston Lighting & Power Company, as recorded in Volume 3042, Page 536, Deed Records of Harris County, Texas and marking the southeast corner of the herein described tract: THENCE. South 77 °28'37" West, over and across said 54.3552 acre tract, along the south R.O.W. line of said Santavy Street, a distance of 966.53 feet to a found 3 -inch iron pipe with cap in the future east R.O.W. line of said San Jacinto Boulevard, same being in the east line of Lot 37 Unit D of the aforesaid Elena Fruit and Cotton Farms and marking the southwest corner of said Santavy Street and of the herein described tract: THENCE, North 1 ] 053'36" West, over and across said Future San Jacinto Boulevard and along the east line of said Elena Fruit and Cotton Farms, a distance of 988.64 feet to the POINT OF BEGINNING and containing 21.82 acres (950,386 square feet) of land. Bearings, labeled "call" herein, are delineated in the aforesaid deed of the 54.3552 acre tract. This description is based on an exhibit prepared by Terra Surveying Company. Inc., Project Number 1047- 1303 -BO I, of even date. Compiled by: Gregory Mata Checked by: Jerry Scott Reviewed by: George Collison, R.P.L.S. Terra Surveying Company, Inc. 3000 Wilcrest Drive, Suite 210 Houston, Texas 77042 Phone: 713 - 993 -0327 TERRA SURVEYING COMPANY, INC. 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Survey Number 1, Abstract No. 899, being part of and out of Block 20, Highland Farms, Harris County, Texas. Existing Land Use: Vacant Fire Department: The subject properties of the proposed annexation will be assigned to Fire Station 7. With current resources the service delivery performance measures are: a. First Due: Response Time for receipt of call for services until arrival of the 1st due company is estimated to 4 minutes (1.0 mile). Response Time of less than 6 minutes is required to confine the fire to the room of origin to increase the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: Response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 12 and 12 seconds minutes (5.1 miles). The time over 10 minutes will significantly increase fire spread and therefore decreases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS within 10 minutes decreases significantly. Service impact resulting from annexation: The expansion of resources would be required to improve the service delivery to the proposed area: Initial Investment Cost in dollars Building — 4 Bay Fire Station 3r200'000 Equipment- Fire Engine 650 000 Personnel Hiring Costs — 15 personnel 15,000 Initial Total Costs 3 865 000 Recurring Costs Cost in Dollars Personnel 1,020,000 Educational 1 500 Building Maintenance 4,000 Utilities 14,400 Recurring Total costs 1,039,900 RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the bect photographic reproduction because of Illegibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes .vera present at the time the instrument was filed and recorded. The predicted service delivery performance measures with expanded resources would be: a. First Due: Four (4) minutes, response Time for receipt of call for services until arrival of the 1st due company is estimated to 6 minutes with more resources. Fire would be confined to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: 12.2 minutes, response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 10 minutes. The time under 10 minutes significantly decreases fire spread and therefore increases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims with ALS within 10 minutes increases significantly. Police Department: The proposed annexation will have no effect on response times and will be assigned to Police District 2. Health Department and Emergency Medical Services: The continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff's capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in Environmental Health (ES), Neighborhood Protection (NP) and Animal Services (AS) will be necessary. The additional staff necessary for both EH and NP would be one each and 2 FTE's for AS. The budgetary impact would be approximately $275,000 for the additional four staff members. As indicated in previous annexations, the annexation of undeveloped property has little + effect on operational activities; however, once the development begins the demand for services is immediate. This proposed area will require immediate attention by EH, NP and AS personnel. Parks and Recreation Department: The proposed annexation will have no impact. Building Division: The proposed annexation will have no impact. Public Works Department: The proposed annexation will have no effect. Engineering Department: If the annexation requires the construction or expansion of any capital improvements the developer will be responsible. Means of Accomplishment: Annexation will be accomplished by extending from current city limit line. Public Input: The first and second public hearings are scheduled for July 9, 2015. FILED 7115 OCT -2 AM 10= 28 HA RR ,,, LERKYr1 AP! PF1045gM MEfmM AM PA SA IM pEM FFu ppMBMM0F Ds S LVAD nM)f FML W TM COUNTY OF HARRIS va FLED in Re snmlpeWlbydAeem" td Wool MM AECOF� ,hM(�daIPA�oor�dh (10P�goAI OCT - 2 2015 COUNTY CLERK HARRIS COUNTY, TEXAS