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CC Resolution No. 2427RESOLUTION NO. 2427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF ESV PROPERTIES, LP, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD WHICH INCLUDES THE REMAINDER TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** WHEREAS, Section 43.052 of the Texas Local Government Code provides that the City may annex property without an annexation plan if the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract or if more than 50 percent of the real property owners in the area proposed for annexation submit a petition for annexation; and WHEREAS, the City of Baytown received a petition filed by ESV Properties, LP, for the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which includes the remainder tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas; and WHEREAS, on this date, the City Council heard the petition and the arguments for and against the annexation and desires to grant the petition; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby grants the petition of ESV Properties, LP, for the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which includes the remainder tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. Said petition is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Planning and Development Services Department to prepare a service plan for the property identified in Section 1 hereof. Section 3: This resolution shall take effect immediately from Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote Baytown this the 14th day of July, 2016. ATTEST: 1 E ICIA BRYSCH, ty Clerk 7•�°' i�'\ `,� �\ APPROVED AS TO FORM: Y �a ACIO RAMIREZ, SR. C y Attorney R:`.KarenTiles',City Council`, Resolutions\2016Uuly 14•GmntingAnnexationPetitionofESVPropertiesLP.doc its passage by the City City Council of the City of Exhibit "A" �..a C]]'Dmdnc and Darlocrnent services 240! Mukq Sum B3vtown.TX 77520 Mo=CITY OF BAYTOWN P1==j:sia lawn. 4 rlacrcn¢C�brytoa,,.ors PETITION REQUESTING ANNEXATION Incomplete applications will not be accepted. indicate "N/A" when an item does not pertain to your application. STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS COME NOW, ESV Properties, LIP , Owner(s) of the real property describes as follows to -wit: (Describe property and attach metes and bounds) TRS 7 9 & 10A BLK 22 HIGHLAND FARMS (State property location, for example, the property is located north of 1-10 near N. Main Street.) 5523 Garth Rd. Baytown, TX 77521, located north of South Rd. and south of Archer Rd. (State the purpose of this annexation — What will be built, placed, etc.) o ResidentiallManufactured(Number ofLots)_ ,4_-, o Multifamily (Number ofUnits) t 8 Commercial Business (Business type) o RV Park (Number of Pads) *-i w Restaurant (Number of seats) ,, kz r o Hotel/Motel (Number of Beds) a Office Building (Number of Occupants) o Retail (Number of Washrooms) r4 Other (description) L,w 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. Application Fee: voluntary annexations are $300.00 (1), (We) ESV Properties, LP the Owner(s) of the above-described property request annexation of the property by the City of Baytown. SIGNED this the % 9 day of , 20_._. O ner Sam Vallagomesa Name & Tide Owner Address P.O. Box 447 Baytown,TX Telephone Number 231-793-9379 Email Address ""?L I kOC(!D xc__, Owner Name & Tide Address Telephone Number Email Address Acknowledgement State of Texas § County of Harris / Chambers § SEF RE ME, the undersigned authority, on this day personally appeared , know to me to be the person(s) whose names) is/are subscribed hereto, an ho acknowledged that he/she/they executed the same for the purpose and consideration therein expressed. To certify which witness my hand and official seal on this the � �1 day of 20 Z110L LINDA GAY THOMPSON NOtatY Public. State of texas No ary Public * STA OF T E X A Comm. Expnes 0!•Oe•2020 N01ory ID 5042414 (seal) Corporate Acknowledgement State of Texas § County of Harris/Chambers § This instrument was acknowledged before me on , 20 , by , as of , a corporation and on behalf of said corporation. To certify which witness my hand and official seal on this the day of ,20 , Notary Public * STATE OF T E X A S (seal) AFTER RECORDING, RETURN TO: City of Baytown Attn: Planning Department P. O. Box 424 Baytown, TX 77522-0424 STATE OF TEXAS) COUNTY OF HARRIS) PROPOSED ANNEXATION) DESCRIPTION of a 7.4511 acre tract of land situated in the T. Ristergen Survey, Abstract 1425 and the Ed T. Schaller (W. C. & R. R.) Survey, Abstract 1224, both in Harris County, Texas and being out of and a part of Lots 7, 9 and 10, Block 22 of Highland Farms Subdivision as recorded in Volume 10 at Page 47 of the Map Records, Harris County, Texas. Said tract being out of and a part of that certain 29.5375 acres conveyed by Jess W. Maybin, Jr., et al, to Globehealth Properties, LLC by Deed dated April 20, 2007 and recorded under County Clerk's File No. 20070246556 of the Official Public Records of Real Property of Harris County, Texas. This 7.4511 acres is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE BASED ON PLAT BEARINGS AND FOUND MONUMENTS IN THE NORTH LINE OF THAT CERTAI MINOR PLAT OF RICHARD J. THOMSON, JR. 0.831 ACRE TRACT OF LAND AS RECORDED UNDER COUNTY CLERK'S FILE NO. U980616 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. COORDINATES ARE LAMBERT GRID COORDINATES (APPROXIMATE ONLY), SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. NO SCALE FACTOR APPLIED. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 1 inch iron pipe found in the West right-of-way line of Garth Road (right- of-way width varies) at the Southeast comer of that certain 0.9662 of an acre tract conveyed to BCU Baytown, LLC by Deed dated May 6, 2016 and recorded under County Clerk's File No. 2016-204165 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Northeast corner of the heretofore mentioned 29.5375 acres and has a State Plane Coordinate Value of Y-13,854,916.89 and X=3,243,622.75. THENCE: South 79028115" West along the North line of said 29.5375 acres and the South line of said 0.9662 of an acre for a distance of 240.01 feet to a point in the existing City Limits of the City of Baytown for the Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y-13,854,864.50 and X=3,243,386.21. THENCE: South 09°56'37" East along the Northernmost East line of this tract and along and with the existing City Limits of the City of Baytown for a distance of 60.00 feet to a point in the North line of that certain 2.0423 acres conveyed to Steger and Chavason, GP by Deed dated December 20, 2007 and recorded under County Clerk's File No. 20080278841 of the Official Public Records of Real Property of Harris County, Texas, for the Easternmost Southeast comer of this tract. Said point being the Northeast corner of that certain 0.3814 of an acre annexed by City of Baytown under Ordinance #10,981. PAGE 2 — 7.4511 ACRES. THENCE: South 79'28'15" West along the Easternmost South line of Us tract, the North line of said 0.3814 of an acre and the North line of said 2.0423 arses for a distance of 58.47 feet to a point for an interior corner of this tract, the Northwest comer of said 2.0423 acres and the Northwest comer of said 0.3814 of an acre. THENCE: South 1 I°23'50" East along the Southernmost East line of this tract, the West line of said 2.0423 acres and the West line of said 0.3814 of an acre for a distance of 262.82 feet to a point in the North line of that certain 11.5093 acres annexed by City of Baytown under Ordinance #10,643 for the Southernmost Southeast corner of this tract. THENCE: South 79°22'51" West along the Westernmost South line of this tract and the North line of said 11.5093 acres for a distance of 993.05 feet to a point in the East line of that certain 2.7586 acres (called 2.756 acres) conveyed by Jess W. Maybin, et ux, to I•[ouston Lighting & Power Company by Deed dated November 14, 1955 and recorded in Volume 3074 at Page 644 of the Deed Records of Harris County, Texas, for the Southwest corner of this tract and the Northwest corner of said 11.5D93 acres. THENCE: North 11 103'29" West along the West line of this tract and the East line of said 2.7586 acres for a distance of 324-36 feet to a point in the North line of said 29.5375 acres for the Southwest corner of the residue of a 24.9553 acre tract conveyed by Williams Brothers Construction Company, Inc. to RNP Baytown Property, LLC by Deed dated October 10, 2006 and recorded under County Clerk's Pile No. 20070064213 of the Official Public Records of Liberty County, Texas. Said point being the Northwest corner of this tract, the Northeast corner of said 2.7586 acres and the Southeast corner of that certain 2.7566 acres conveyed by Thomas A. Shepherd, et ux, to Houston Lighting & Power Company by Deed dated November 14, 1955 and recorded in Volume 3068 at Page 311 of the Deed Records of Harris County, Texas. PAGE 3 - 7.4511 ACRES. THENCE: North 79028'15" East along the North line of this tract, the North line of said 29.5375 acres, the South line of said 249553 acres and the South line of said 0.9662 of an acre for a distance of 1051.I4 feet to the PLACE OF BEGINNING and containing within these boundaries 7.4511 acres or 324,570.45 square feet of land. SURVEYOR'S CERTIFICATE I, Julien Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an office survey only, made by me on June 30, 2016 and that all tines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 301' day of June, A. D., 2016. �YL'6'� Ju i ne Ramsey Registered Professional Land Surveyor No. 4379 16-6746. fdn.annex.docx Hutchison & Associates, Inc. 1209 Decker Drive, Suite 100 Baytown, TX 77520 Engineering Firm #F-267 Surveying Firm 4100293-00 qL 111INX loll ii 3F '131 cis U) Nl't to —� • fid( g r 1 I , � f1 •� ;� r -•iii `-' INg R •, ' G� ' a ssw c� is +'r e ',.' t�^R•�"sa p1 Ino SOO 1 l 1 i t t t L 1 ! 1 t r t 1 t S 1 1 1 �b Ij tt 1 It tl Ij tt _ 11 t $ JO ) SL tl 1 14 z 1 � It O a It 1 1 d 16 0 1 1 t 1 1 1 i ! t t 1 1 1 t 1 1t 1 1