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Ordinance No. 13,624ti LO T_ LO ti O N V1 .9 RP -2017-515617 11/22/2017 ER $52.00 ORDINANCE NO. 13,624 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 107.25 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF INTERSTATE 10 AND JOHN MARTIN ROAD, AND LEGALLY DESCRIBED AS TRACT 1, BLOCK 46 AND TRACT 50, BLOCK 45, ELENA FRUIT & COTTON FARMS, UNIT C, 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 2 of this ordinance, were held, during the City Council meetings on the 5h day of October, 2017, and the 10" day of October, 2017, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which dates are 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 21" day of September, 2017, 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 21" day of September, 2017, 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 1 s` day of January, 2017, was 53 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 79,215 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 apart of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the ti LO T - LO ti O N 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 passed i Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affmnati Baytown this the 2nd day of November, 2017. BRYSCH, City APPROVED AS TO FORM: &-IGNACIO RAMIREZ, SR. ity Attorney INTRODUCED, READ and PASSED on the SECOND day of November, 2017. manner provided in Article 1, of the City Council of the City of DONCARLOS, FINAL READING this the 20'h ATTE / '�•� tu�ll' j e� 1ti� � LETICIA BRYSCH, City Cler�o. rjm�DadN�,;//'''vtiy'- OC APPROVED AS TO FORM: ACIO RAM Z, SR., ity ttorney \\cobfsOlUega1\Karen\Files\City Council\Ordinances\2017\November 2\Annexationofl07.25Acres.doc , Mayor r 1�1^ L J r LO i O N Exhibit "A" ti r Lo T - Lo r O N �7 WINDROSE LAND SURVEYING ( PLATIING DESCRIPTION OF 107.25 ACRES (TRACT 1) A TRACT OR PARCEL CONTAINING 107.25 ACRES OF LAND SITUATED IN THE T. PATCHING SURVEY, ABSTRACT NUMBER 620, HARRIS COUNTY, TEXAS, BEING COMPRISED OF ALL OR A PORTION OF THE FOLLOWING TRACTS OF LAND: A CALLED 45.5041 ACRE TRACT CONVEYED TO JUSTIN MCKNIGHT HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 20110395124 AND A CALLED 61.74 ACRE TRACT CONVEYED TO CHARLES H. COX AND PHYLLIS M. COX, RECORDED UNDER H.C.C.F. NO. P952541, WITH SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE RECORDED NORTH LINE OF SAID CALLED 61.74 ACRE TRACT (H.C.C.F. NO. P952541): BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY (R.O.W.) LME OF JONES ROAD AND THE WEST R.O.W. LINE OF JOHN MARTIN ROAD, FOR THE NORTHEAST CORNER OF SAID CALLED 45.5041 ACRE TRACT; THENCE, SOUTH 12 DEG. 35 MIN. 46 SEC. EAST, ALONG THE WEST R.O.W. LINE OF SAID JOHN MARTIN ROAD, A DISTANCE OF 2,007.21 FEET TO THE INTERSECTION OF THE WEST R.O.W. LINE OF SAID JOHN MARTIN ROAD AND THE NORTH R.O.W. LINE OF I.H. TO (1-10) FOR THE NORTHERLY END OF A CUT-BACK LINE AND A SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 33 DEG, 32 MIN. 44 SEC. WEST, A DISTANCE OF 69.08 FEET TO THE SOUTH END OF SAID CUTBACK LINE AT THE INTERSECTION OF SAID JOHN MARTIN ROAD AND SAID I.H. 10 FOR A SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH BO DEG. 34 MIN. 56 SEC. WEST, ALONG THE NORTH LINE OF SAID I.H. 10, A DISTANCE OF 395.43 FEETTO A CORNER; THENCE, SOUTH 72 DEG. 54 MIN. 05 SEC. WEST, CONTINUING ALONG THE NORTH LINE OF SAID I.H. 10, A DISTANCE OF 129.35 FEET TO A CORNER; THENCE, SOUTH 80 DEG. 36 MIN. 21 SEC. WEST, CONTINUING ALONG THE NORTH LINE OF SAID I.H. 10, A DISTANCE OF 1,820.82 FEET TO THE COMMON SOUTH CORNER OF SAID 61.74 ACRE TRACT AND A CALLED 34.54 ACRE TRACT CONVEYED TO LEE COLLEGE, RECORDED UNDER H.C.C.F. NO. W677809 FOR THE SOU"HWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 00 DEG. 14 MIN, 47 SEC. EAST, ALONG THE WEST LINE OF SAID CALLED 61.74 ACRE TRACT, A DISTANCE OF 239.32 FEET TO THE SOUTHWEST CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO CHARLES H. COX, RECORDED UNDER H.C.C,F. NO. R061181; THENCE, NORTH 89 DEG. 47 MIN. 02 SEC. EAST, A DISTANCE OF 208.77 FEET TO THE SOUTHEAST CORNER OF SAID CALLED 1.00 ACRE TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 00 DEG. 12 MIN. 58 SEC. EAST. A DISTANCE OF 208.75 FEETTO THE NORTHEAST CORNER OF SAID CALLED 1.00 ACRE TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 89 DEG. 51 MIN. 34 SEC. WEST, A DISTANCE OF 208.66 FEET TO THE WEST LINE OF SAID CALLED 61.74 ACRE TRACT FOR THE NORTHWEST CORNER OF SAID CALLED 1.00 ACRE TRACT,' SHEET 2 OF 3 713.458.2281 1 3200 WILCREST, STE 325, HOUSTON, TX 77042 ti Lo T - Lo ti O N THENCE, NORTH 00 DEG. 14 MIN. 47 SEC. EAST, ALONG THE WEST UNE OF SAID CALLED 61.74 ACRE TRACT. A DISTANCE OF 1,750.14 FEET TO THE SOUTHWEST CORNER OF A CALLED 1.00 ACRE TRACT CONVEYED TO CHARLES H. COX, RECORDED UNDER H.C.C.F. NO. R061181 AND A NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT: THENCE, NORTH 89 DEG. 43 MIN. 08 SEC. EAST, A DISTANCE OF 208.59 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID CALLED 1.00 ACRE TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 00 DEG. 19 MIN. 25 SEC. EAST, A DISTANCE OF 209.12 FEET TO THE SOUTH R.O.W. LINE OF SAID JONES ROAD, FOR THE NORTHWEST CORNER OF THE AFORESAID CALLED 1.00 ACRE TRACT AND A NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 89 DEG. 44 MIN. 08 SEC. EAST, ALONG THE SOUTH R.O.W. LINE OF SAID JONES ROAD, A DISTANCE OF OF 1,691.37 FEET TO THE PLACE OF BEGINNING AND CONTAINING 107.25 ACRES OF LAND, AS SHOWN ON JOB NO. 54058, PREPARED BY WINDROSE LAND SERVICES. NOTE: THIS DESCRIPTION 9S A COMPILATION OF EXISTING DESCRIPTIONS PREPARED UNDER 22 TAC 663.21 AND :S NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. az6'4f PAUL A. JURICA. JR. 1 R.P.L.S. NO. 4264 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 o� ),5- . ......A. JURI..........10-26-2017 64RFs s �0 DATE %.•SURV SHEET 3 OF 3 713.458.2281 1 3200 WILCREST, STE 325, HOUSTON, TX 77042 ti LO T— LO ti O N V1 ME Exhibit "B" City of Baytown Municipal Annexation BAYTOWN Staff Report "qw.'--" Reauested Action: .......................................... Expand the municipal boundaries via involuntary annexation of approximately 107.25 acres. Subiect area;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Generally located on the northwest comer of Interstate 10 and John Martin Road, and legally described as Tract 1, Block 46 and Tract 50, Block 45, Elena Fruit & Cotton Farms, Unit C, Harris County, Texas. Date: ......................................... ....... November 2, 2017 Puraose of the Annexation: The City of Baytown is taking a proactive stance by annexing a tract with high potential for development. The northwest corner of Interstate 10 West and John Martin Road is a highly visible area and the city desires to protect its I-10 and John Martin corridors. The annexation of this area will increase the overall development potential of the general area. Annexation of the subject area will allow City of Baytown to: • Reduce the unincorporated area that borders the City of Baytown jurisdiction • Expands distribution of services Manage how the area grows and how the area is zoned Existing Conditions: The subject area is vacant on the northwestern intersection on Interstate 10 and John Martin Road. Automobile dealerships and retail dominate the other three comers of Interstate 10 and John Martin Road. Adiacent Zoning North South East West Zoning Designation Unincorporated Interstate 10 and John Martin Road, Unincorporated Harris County General GC, and Harris County Commercial residential within (GC) unincorporated Harris County Land Use Mostly vacant Retail and gas Automobile Mostly vacant; station dealership and institutional uses residential ti LO T_ LO ti O N Parks/Recreation Eddie Huron Park is the closest neighborhood park to the subject area. Its closest access is to the south along Bush Road, approximately 2 miles from the subject area. Comprehensive Plan Land Use Designation The City of Baytown Future Land Use Plan (FLUP) designates the subject area to be a Commercial Corridor along the southern half of subject area and Low — Medium Density Residential within the northern half of subject area. (See Exhibit 1). ➢ Commercial Corridors (Red) • May accommodate all types of commercial activity, including "big box", medical services, restaurants, entertainment, offices, and large multi -family development. • Corridors of commercial activities with variable depths along or near major arterials and freeways. • Improved traffic mobility by discouraging continuous commercial strips with numerous driveways along major streets. ➢ Low — Medium Density Residential • Includes a range of existing residential uses from rural residential to limited multi -family residential • Primarily conventional, single-family detached dwellings and manufactured housing on platted lots; smaller lots are satisfactory if common open space is provided. • Small-scale, neighborhood commercial located within a convenient walking distance of residences and buffered when adjacent to a residential use. • Commercial that serves neighborhoods — not regions, such as office buildings, and neighborhood services to support and compliment residential area. Major Thoroughfare Plan Proposals The City of Baytown Major Thoroughfare Plan (MTFP) addresses the linkage between land use and transportation by providing a long-term vision for transit enhancements and improved facilities for pedestrians and bicyclists. John Martin Road is classified as an existing minor arterial and I-10 is classified as an existing freeway. In recent years, John Martin Road north of Interstate 10 for approximately 600 feet has been widened allowing for ease of traffic within that corridor. Also a turnaround lane was added under I-10 on the east side relieving traffic on the I-10 frontage road leading up to John Martin Road at the intersection of I-10 West. Long term plans include a proposed collector road extending from the north service road of I-10 to Wallisville Road near the western boundary of the subject area. (See Exhibit 2) Challenges and Opportunities Infrastructure • Infrastructure enhancements will be needed to facilitate the type of growth that is suggested by the Comprehensive Plan and Major Thoroughfare Plan Zoning (See Exhibit 3) • Zoning of the subject area will default to Open Space/Recreational (OR). • The subject area and continuous tracts are largely undeveloped. The east side of John Martin Road is developed. There are some commercial uses mixed in with residential use along these roadways. • Zoning is proposed to happen as development occurs in the future. Development Aireements The City of Baytown has identified multiple properties as subject to annexation in the near future. However, each of these properties is subject to an agricultural, wildlife management, or timber ad valorem tax exemption. The City is required to offer development agreements to the owners in lieu of annexation (See Exhibit 4). The properties are as follows: • 0 John Martin Road - 45.5f acres • 3715 Interstate 10 - 61.8f acres Service Plan Summary Fire Department: The subject properties of the proposed annexation will be assigned to District Seven (7). With current resources the service delivery performance measures are: a. First Due: A four (4) minute (1 mile) Response Time for receipt of call for services until arrival of the first due company. Fire will be confined to the room of origin control, and ti property conservation. EMS survivability from cardiac arrest increase by 10% for each (.0 minute with BLS care before 6 minutes. LO b. First Alarm: 12 minutes 12 seconds. (5.1 miles) Response Time for receipt of call for j services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location. The time over 10 minutes will significantly increase fire spread and therefore decreases rescue, fire control and property conservation measures. Additionally, the return of N circulation for cardiac arrest victims without ALS care within 10 minutes diminishes significantly. ry Service impact resulting from annexation: At this time, the proposed annexation area will not cause a need for an expansion of resources. The following should be considered, if and when, an expansion of resources is required to improve the service delivery to the proposed area: Initial Investment Cost in dollars Building — 4 Bay Fire Station 3,700,000 Equipment- Fire Engine 1,000,000 Personnel Hiring Costs Initial Total Costs 4,700,000 Recurring Costs Cost in Dollars Personnel —15 personnel 1,604,751 Educational Building Maintenance Utilities Recurring Total costs 1,604,751 ti LO T— LO ti O N The predicted service delivery performance measures with expanded resources would be: Adding an additional station may improve the full first alarm assignment by placing the second and third units closer. Adding a second Battalion Chief will dramatically improve the full first alarm assignment. Police Department: The proposed annexation will slightly add to the response times. The subject area will be assigned to Police District 2. Health Department: 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 Environmental Health, Neighborhood Protection, and Animal Services personnel. Parks and Recreation Department: No additional right-of-way will be added with this annexation. The annexation area will have no impact on the Parks and Recreation Department. Building Division: The proposed annexation will have no immediate impact. Inspection times will be dependent upon the volume and the types of development in the future. Public Works Department: The individual proposed annexation will not negatively affect response times. Engineering Department: Infrastructure enhancements will be needed. Extension of the sewer system to accommodate this area is estimated at a cost of $1.0 million. Utility Billing Department: The subject properties of the proposed annexation will be assigned to area 1 — Route 390. There are no existing service accounts in the proposed annexation area. The proposed annexation will not affect existing service delivery. Staff Recommendation: Staff recommends approval of the proposed annexation. ti LO T - LO ti O N ti r LO T - LO ti r O N RP -2017-515617 # Pages 11 11/22/2017 10:38 AM e -Filed & e -Recorded in the Official Public Records of HARRIS COUNTY STAN STANART 19016)2114wm�d*+MD4 7;1 Fees $52.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. 0y �� a� COUNTY CLERK ��J ;,_ 5�' HARRIS COUNTY, TEXAS