CC Resolution No. 2402RESOLUTION NO. 2402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 5.983 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 5.983 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
5.983 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 5.983 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 RESOLVER BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby finds that the proposed annexation of the
5.983 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 5.983 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 affirmative vie of the City Council of the
City of Baytown this the 10th day of March, 2016. j
ATTEST:
JA'jm�"
LETICIA BRYSCH, City Cl c
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Cit tto ey
a
H. DONCARLOS, Mayor
RAKarenTiles,City CounciRResolutions\2016Wan h 10\ HarrisCountyMUDAnnexation5 .983acres.doc
7
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 5.983 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.
1711
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.
"11
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.
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.
M
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 $500,000.
M
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-
RESPECTFULLY SUBMITTED on this -,R—Z> day of V 2016.
ATTEST:
1 �
Title: Q SS i 4d i& -Ce c_Ie.A4j2j
THE STATE OF TEXAS §
COUNTY OF HARRIS §
HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 459
WIN -
r
Za. e.- P, I
Title: 6&*j
This instrument was acknowledged before me on this o day of
2016, by Qt,,( WW- , as �i1Qei�a+t
and -ro- t e an as j41* of the Board of Directors of
HARRIS COUNTY MUNICIPAL UTILITY DISTRIC NO.459, a political subdivision of
the State of Texas, on behalf of said political subdivision.
A_ _ `-
REBECCA HUDMAN
•� My Notary ID 1! 129829552
-''•'~g i X31 Expires November 18, 2017
(NOTARY SEAL)
-3-
IZ/-7
N Lary Public, State of Texas
D. R. HORTON - TEXAS, LTD., a Texas
limited partnership
By: D.R. Horton, Inc., a Delaware
corporation, Its Authorized
Agent
M
THE STATE OF TEXAS §
COUNTY OF_ f Qy= LtA6> §
her Lindhorst
President
This instrument was acknowledged before me on Mnua 4 101 , 2016, by
Christopher Lindhorst, Division President of D.R. Horton, Inc., a Delaware corporation,
Authorized Agent of D. R. HORTON - TEXAS, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
" •eel KORIE JOHNSTON
t ®* ID # 12806799-5
o, w Comm. E*. Apnl 05, 2019 Notary Public tate of Texas
(NOTARY SE
Attachment:
Exhibit A: Description of the Land
After recording, return to: Allen Boone Humphries Robinson LLP, 3200 Southwest
Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak
-4-
Exhibit A Page 1 of 1 Page
County:
Harris
Project:
GCCC Club House
Job No.
159403
MBS No.
15 -132
FIELD NOTES FOR 5.983 ACRES
Being a tract containing 5.983 acres of land situated in the Harvey Whiting Survey, Abstract 840,
in Harris County, Texas. Said 5.983 acres being 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. Said
5.983 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., same being at the Southeast terminus
corner of Country Club Drive (60 -foot width) and being on the North line of said 100 acre tract;
THENCE, with the common line for said 100 acre tract and said Section Three, North 86
degrees 58 minutes 09 seconds East, a distance of 775.00 feet to a 5/8 inch capped iron rod set;
THENCE, through and across aforesaid 100 acres, the following five (5) courses:
1.) South 03 degrees 01 minute 51 seconds East, a distance of 450.00 feet to a 5/8 inch capped
iron rod set;
2.) South 86 degrees 58 minutes 09 seconds West, a distance of 240.00 feet to a 5/8 inch capped
iron rod set;
3.) North 58 degrees 37 minutes 20 seconds West, a distance of 442.41 feet to a 5/8 inch capped
iron rod set;
4.) South 86 degrees 58 minutes 09 seconds West, a distance of 170.00 feet to a 5/8 inch capped
iron rod set;
5.) North 03 degrees 01 minute 51 seconds West, a distance of 200.00 feet to the POINT OF
BEGINNING and containing 5.983 acres of land.
THIS DESCRI MON WAS PREPARED BASED 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, LP
GBI Partners, L.P.
Ph: 281.499.4539
June 11, 2015
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 d2�6 day of 2016.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on this cZa day of
Vl 2016.
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XAS ••
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HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 459
By:
Secretary, Board of Dire ors