CC Resolution No. 2387RESOLUTION NO. 2387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 128.143 ACRES
SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT 840,
HARRIS COUNTY, TEXAS, AND BEING A PORTION OF THE FORMER
GOOSE CREEK COUNTRY CLUB PROPERTY, INTO HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 459; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, no land within the corporate limits of a city may be included in a municipal
utility district unless the governing body of the municipality gives its written consent in
accordance with Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, for its written consent to the annexation by Harris County Municipal Utility
District No. 459, hereinafter referred to as the "District," of 128.143 acres of land located within
the corporate limits of the City and more specifically described in Exhibit "A "; and
WHEREAS, the City Council of the City is in support of the proposed annexation of the
128.143 acres described in Exhibit "A" by the District and herein gives its written consent to the
inclusion of such property in the territory of the District subject to the terms and conditions
stated herein; and
WHEREAS, the District, which has requested the City Council's consent, has assured the
City that the District is willing to accept such consent based upon the terms and conditions as
hereinafter stated, and that the District, in consideration of the City granting its consent for the
District's annexation of the 128.143 acres described in Exhibit "A," has agreed, and by the
acceptance of the benefits of this resolution, does hereby agree to comply with the terms and
conditions contained herein; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby finds that the proposed annexation of the
128.143 acres described in Exhibit "A" by the Harris County Municipal Utility District No. 459
(the "District "):
a. will be an economically feasible and sound development benefiting the city;
b. will not adversely affect the existing City water, sewer and storm facilities or
other City utilities or City functions; and
C. will not increase the City's taxes or utility rates or adversely impact the City's
financing or bond rating.
Further, the City Council finds that all of the conditions imposed herein and by Article VII of
Chapter 98 of the Code of Ordinances, Baytown, Texas, have been agreed to by the developer
and landowner of the territory within the District.
Section 2: That upon the terms and conditions specified in (i) Article VII of Chapter
98 of the Code of Ordinances, Baytown, Texas, which is incorporated herein by this reference
for all intents and purposes, (ii) the Utilities Functions and Services Allocation Agreement and
(iii) this resolution, the City hereby grants its consent to the annexation of the 128.143 acres
described in Exhibit "A" pursuant to the provisions of Section 54.016 of the Texas Water Code.
The land embraced within the limits of the District is situated within the corporate limits of the
City and is more particularly described in Exhibit "A," which is attached hereto and made a part
hereof for all intents and purposes.
Section 3: 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
City of Baytown this the I O`" day of December, 2015.
ATTEST:
(ktTiCIA BRYSCH, City C er
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci Attorney
of the City Council of the
H. DONCARLOS, Mayor
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RAKarenTiles,CityCouncil' Resolutions\2015 \December I0\H arrisCountyMUDMnexationl28 .143acres.doc
2
Exhibit "A"
PETITION FOR CONSENT TO ANNEX LAND INTO
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
The undersigned, HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459
(the "District "), and D. R. HORTON — TEXAS, LTD., a Texas limited partnership (the
"Petitioner "), acting pursuant to the provisions of Chapter 49, Texas Water Code,
particularly Section 49.301 of that Code, together with all amendments and additions
thereto, respectfully petition the City Council of the City of Baytown, Texas (the "City "),
for its written consent to the annexation by the District of the 128.143 acre tract of land
described by metes and bounds in Exhibit A (the "Land "), which is attached hereto and
incorporated herein for all purposes. In support of this petition, the undersigned would
show the following:
I.
The District is a municipal utility district duly created under the laws of the State
of Texas on January 17, 2006. The District was created and organized under the terms
and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed
by the provisions of Chapters 49 and 54, Texas Water Code.
H.
The Petitioner holds fee simple title to the Land, as indicated by the certificate of
ownership provided by the Harris County Appraisal District. The Petitioner represents
that there are no lienholders on the Land.
I
The Land is situated wholly within Harris County, Texas. All of the Land is
within the corporate limits of the City. All of the Land may properly be annexed into
the District.
IV.
The general nature of the work to be done within the Land is the construction,
acquisition, maintenance and operation of a waterworks and sanitary sewer system, a
drainage and storm sewer system and parks and recreational facilities.
�?:Tra
V.
There is, for the following reasons, a necessity for the above - described work. The
Land, which will be developed for commercial and /or residential purposes, is urban in
nature, is within the growing environs of the City, is in close proximity to populous and
developed sections of Harris County, and within the immediate future will experience a
substantial and sustained residential and commercial growth. There is not now
available within the Land an adequate waterworks and sanitary sewer system, an
adequate drainage system, nor parks or recreational facilities, and it is not presently
economically feasible for the Land to provide for such systems and facilities itself.
Because the health and welfare of the present and future inhabitants of the Land and of
lands adjacent thereto require the construction, acquisition, maintenance and operation
of an adequate waterworks and sanitary sewer system, a drainage and storm sewer
system, and parks and recreational facilities, a public necessity exists for the annexation
of the Land into the District, to provide for the purchase, construction, extension,
improvement, maintenance and operation of such waterworks and sanitary sewer
system, such drainage and storm sewer system, and such parks and recreational
facilities, so as to promote the purity and sanitary condition of the State's waters and
the public health and welfare of the community.
[J
The undersigned estimate, from such information as they have at this time, that
the cost of extending the District's facilities to serve the Land is approximately
$10,000,000.00
VII.
The Petitioner and the District agree and hereby - covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District will comply with all provisions of the City's Procedures for Creation of In -City
Municipal Utility Districts set forth in the City's Ordinance No. 10,003 and the City's
Consent Resolution No. 1705.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
[EXECUTION PAGES FOLLOW]
-2-
54N82
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RESPECTFULLY SUBMITTED on this � 5 yh ay of 2015.
HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 459
IA
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Name:-T
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Title:_ t C{ 1, 5- dm �
ATTEST:
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By:
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Name: Lila ..
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Title: SQGr"rtr�
THE STATE OF TEXAS §
COUNTY OF HARRIS §
h
This instrument was acknowledged before me on this 1��� day of
2015, by r as
and as Y of the Board of Directors of
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459, a political subdivision of
the State of Texas, on behalf of said political subdivision.
1 "' ASHLEY IVERS &�
�� 7 Notory Public. Store of Texos Notary Public, ate of Texas
(NO ALTy commission Expires
.,? July 29, 2017
-3-
518982
D. R. HORTON — TEXAS, LTD., a Texas
limited partnership
By: D.R. Horton, Inc., a Delaware
corporation, Its Authorized
Agent
By: 11ila //� 1'1'k
hristopher Lindhorst
Division President
THE STATE OF TEXAS §
§
COUNTY OF_JO � fia §
This instrument was acknowledged before me on A.L , 2015, by
Christopher Lindhorst, Division President of D.R. Horton, Inc., a elaware corporation,
Authorized Agent of D. R. HORTON — TEXAS, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
(NOTARY SEAL)
Attachments:
Exhibit A: Description of the Land
Exhibit B: Conditions of the City
"W r� 2�'A-- _
Notary Public, State of Texas
After recording, return to: Allen Boone Humphries Robinson LLP, 3200 Southwest
Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak.
-4-
548982
°�►A` °uer
DANIELLE M. BURNETT
Notary Public
Hi
STATE OF TEXAS
My Comm. Exp. March 21, 2018
(NOTARY SEAL)
Attachments:
Exhibit A: Description of the Land
Exhibit B: Conditions of the City
"W r� 2�'A-- _
Notary Public, State of Texas
After recording, return to: Allen Boone Humphries Robinson LLP, 3200 Southwest
Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak.
-4-
548982
County:
Harris
Project:
Goose Creek
Job No.
159401
MBS No.
15 -130
Exhibit A Page 1 of 3 Pages
FIELD NOTES FOR 128.143 ACRES
Being a tract containing 128.143 acres of land situated in the Harvey Whiting Survey, Abstract
840, in Harris County, Texas. Said 128.143 acres being a call 32.64 acre tract of land recorded in
the name of Goose Creek Country Club in Volume 3295, Page 464 of the Harris County Deed
Records (H.C.D.R.), a portion of a call 100 acre tract of land recorded in the name of Goose
Creek Country Club in Volume 3295, Page 286 of the H.C.D.R., Lots 27 — 31 of Country Club
Oaks Section Eight, according to the map or plat thereof recorded in Volume 316, Page 132 of
the Harris County Map Records (H.C.M.R.), and Lots 23 — 25 of County Club Oaks Section
Eleven, according to the map or plat thereof recorded in Volume 346, Page 130 of the H.C.M.R.
Said 128.143 acres of land being more particularly described by metes and bounds as follows
(Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, based on
GPS observations):
BEGINNING at a 3/4 inch iron pipe found at the common South corner of Replat of Reserve
"B" Country Club Oaks Section One, according the map or plat thereof recorded in Volume 66,
Page 9 of the H.C.M.R., and Country Club Oaks Section Three, according to the map or plat
thereof recorded in Volume 86, Page 75 of the H.C.M.R., and being at the Southeast terminus
comer of Country Club Drive (60 -foot width);
THENCE, through and across aforesaid 100 acres, the following five (5) courses:
1.) South 03 degrees 01 minute 51 seconds East, a distance of 200.00 feet to a 5/8 inch capped
iron rod set;
2.) North 86 degrees 58 minutes 09 seconds East, a distance of 170.00 feet to a 5/8 inch capped
iron rod set;
3.) South 58 degrees 37 minutes 20 seconds East, a distance of 442.41 feet to a 5/8 inch capped
iron rod set;
4.) North 86 degrees 58 minutes 09 seconds East, a distance of 240.00 feet to a 5/8 inch capped
iron rod set;
5.) North 03 degrees 01 minute 51 seconds West, a distance of 450.00 feet to a 5/8 inch capped
iron rod set;
THENCE, with the South line of aforesaid Section Three and Country Club Oaks Section Six,
according to the map or plat thereof recorded in Volume 259, Page 15 of the H.C.M.R., North 86
degrees 58 minutes 09 seconds East, a distance of 465.09 feet to a 5/8 inch capped iron rod set;
THENCE, with the Southwesterly line of said Section Six, Country Club Oaks Section Seven,
according to the map or plat thereof recorded in Volume 277, Page 103 of the H.C.M.R., and
aforesaid Section Eight, South 53 degrees 41 minutes 00 seconds East, a distance of 2,648.78
feet to a 1/2 inch iron rod found at the West corner of aforesaid Lot 31 and the South corner of
Lot 32 of said Section Eight;
Exhibit _.�_ Page 2 of 3 Pages
THENCE, with the common line for said Lots 31 and 32, North 36 degrees 17 minutes 59
seconds East, a distance of 120.49 feet (call 120.00 feet) to the North corner of said Lot 31 and
East corner of said Lot 32, from which point a found 3/8 inch iron rod bears North 68 degrees 54
minutes 46 seconds East, a distance of 0.42 feet, and said point being on the Southwest Right -of-
Way (R.O.W.) line of Country Club View (50 -foot width);
THENCE, with said Southwest and South R.O.W. line of Country Club View and the Northeast
and North line of aforesaid Lots 27 — 31 of Section Eight and Lots 23 — 25 of Section Eleven, the
following five (5) courses:
1.) South 53 degrees 42 minutes 01 seconds East, a distance of 164.41 feet to a 1/2 inch iron rod
found at a point for curvature to the left;
2.) 55.62 feet, along the arc of said curve to the left having a radius of 80.80 feet, a central angle
of 39 degrees 26 minutes 13 seconds and a chord which bears South 73 degrees 25 minutes 07
seconds East, a distance of 54.52 feet to a 1/2 inch iron rod found at a point for tangency;
3.) North 86 degrees 51 minutes 46 seconds East, a distance of 46.56 feet to a 1/2 inch iron rod
found at the common line for said Sections Eight and Eleven;
4.) North 86 degrees 37 minutes 48 seconds East, a distance of 90.43 feet to a 1/2 inch iron rod
found at a point for curvature to the left;
5.) 68.57 feet, along the are of said curve to the left having a radius of 75.00 feet, a central angle
of 52 degrees 23 minutes 01 seconds and a chord which bears North 60 degrees 26 minutes 18
seconds East, a distance of 66.21 feet to a 5/8 inch capped iron rod set at the Southwest comer of
Country Club Village, according to the map or plat thereof recorded in Volume 454, Page 22 of
the H.C.M.R.;
THENCE, with the Southwest line of said Country Club Village, South 55 degrees 45 minutes
13 seconds East, a distance of 88.77 feet to the Southeast corner of said Country Club Village, an
Easterly corner of aforesaid Section Eleven and being at the Westerly R.O.W. line of Emmett
Hutto Boulevard South (44 -foot width);
THENCE, with said Westerly R.O.W. line, 79.35 feet, along the arc of a non - tangent curve to
the left having a radius of 2,753.00 feet, a central angle of 01 degree 39 minutes 05 seconds and
a chord which bears South 11 degrees 16 minutes 01 second West, a distance of 79.35 feet to a
5/8 inch capped iron rod set at the Northeast corner of a call 875.5 square feet tract of land
recorded in the name of City of Baytown in Harris County Clerk's File (H.C.C.F.) No. Z386917;
THENCE, through and across aforesaid Lot 25 of Section Eleven and with the North and West
lines of said 875.5 square feet tract, the following two (2) courses:
1.) South 86 degrees 56 minutes 10 seconds West, a distance of 30.11 feet (call 30.00 feet) to a
5/8 inch capped iron rod set;
2.) South 10 degrees 07 minutes 25 seconds West, at 30.00 feet pass a 1/2 inch iron rod found
and continuing for a total distance of 30.26 feet (call 30.00 feet) to the Southwest comer of said
875.5 square feet tract and being at the North line of a call 7.939 acre (First Tract) tract of land
recorded in the name of H.L. &P. in Volume 3245, Page 486 of the H.C.D.R.;
Exlubit rf Page 3 of 3 Pages
THENCE. with said North line. South 86 degrees 56 minutes 10 seconds West, at 3.824.49 feet
pass a 314 inch iron rod found for reference and continuing for a total distance of 3.8=19.88 feet to
a 5'8 inch capped iron rod set:
THENCE. %N-ith a Northwesterly line of said 7.939 acre tract and a tract occupied by H.L. &P.
(record not found). South 77 deurees 04 minutes 00 seconds West. passing Goose Creek and
continuing for a total distance of 466.73 feet to a 578 inch capped iron rod set:
THENCE, with the call common line for aforesaid I larvey Whiting Survey and the William
Scott Upper League. South 86 degrees 56 minutes 10 seconds West. a distance of 201.77 feet to
a 518 inch capped iron rod set at the Southeast corner of Country Club Oaks Section One,
according to the map or plat thereof recorded in Volume 57, Page 50 of the H.C.M.R.:
THENCE. with the East and North lines of said Section One, the follo-vving three (3) courses:
1.) North 03 degrees 03 minutes 00 seconds West. a distance ol' 1.919.61 feet (call 1.920.00 feet)
to a 518 inch capped iron rod set;
2.) North 86 degrees 57 minutes 00 seconds East, a distance of 225.23 feet to the call centerline
of Goose Creek as shown said plat of Section One:
3.) North 36 degrees 05 minutes 31 seconds East, a distance of 1.99 feet to the Southwest corner
of aforesaid Replat of Reserve -B" Country Club Oaks Section One (as occupied);
THENCE, with the occupied South line of said Replat of Reserve "B" Country Club Oaks
Section One. North 86 degrees 58 minutes 09 seconds East, at 301.71 feet pass a 1/2 inch iron
rod found for reference and continuing for a total distance of 532.00 feet to the POINT OF
BEGINNING and containing 128.14' ) acres of land.
THIS DESCRIPTION WAS PREPARED BASI.D ON A SURVEY MADE ON THE GROUND UNDER THE
DIRECTION OF KYLE B. DUCKETT. RPLS 6340, FILED UNDER JOB NO. 159401 IN THE OFFICES
OF GBI PARTNERS, L.P
GBI Partners, L.P.
Ph: 281.499.4539 OF F
Mav 26, 2015
ro
KYLE B. DUGMFU
q„. 6340 ........
,�,�
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF HARRIS §
I, the undersigned Secretary of the Board of Directors of Harris County
Municipal Utility District No. 459, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Harris County
Municipal Utility District No. 459 that was filed with the Board of Directors of the
District on this � day of U 2015.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on this bay of
2015.
f?''tis C�
L E
548982
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 459
By.
Secretary, Board of Directors