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Ordinance No. 14,115ORDINANCE NO. 14,115 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 0.47 ACRES LOCATED ALONG THE EAST BOUND FRONTAGE ROAD OF I-10 APPROXIMATELY 21536 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 2402 INTERSTATE 10 HWY, AND LEGALLY DESCRIBED AS TRACT 2G-2, BLOCK 2, ELENA FRUIT & COTTON FARMS D, 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 131h day of June, 2019, and the 11 t" day of July, 2019, in the City Council Chamber of the City Hall of the City of Baytown, Texas; 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 3 1 " day of May, 2019, and on the 26th day of June, 2019; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board and website on the 30th day of May, 2019, and on the 25t" day of June, 2019; 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 1st day of January, 2019, was 56.76 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants; and WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area is in the public interest; 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 share 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 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 in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the I 1 `h day of July, 2019. AA� LETICIA BRYSCH, City CIZTk APPROVED AS TO FORM: NACIO RAMIREe.Z, SR., Ci Attorney R E T ceOSK-TIX, Mayor Pro Tern K A Yti INTRODUCED, READ and PASSED on the SEC AND FINAL READ this the 251h day of July, 2019. B ON CAPETILLO, Mayo ATT . SVX�d •. . LETICIA BRYSCH, City lerk °M''% APPROVED AS TO FORM: = yIV . do K" CfG�NACIO RAMIREZ, SR., Ci y Attorney RAKaren\Files\City Council\0rdinances\2019Vuly I I\Annexationof0.24Acres.doc A tract of land out of the Northmst Corner of that certain 5.66 were tract, more or less, out of Block 2 o;' U nit "D" of Elena bruit and Coe tton barns, Harris Cot'w , Texas. as re#lcmCd by tt1e map or plat thmuf or record in Vui•uitte ?f Nee 49 of ttte 14 ap Records of Harris County Texas and described by met`s and boulids as follows: . BEG NNING at a congrel : highvvilw t: ortument found t:t the intersection of the West line. of said 5.66 acre tract!'more or less, and Ow Southerly right Of way line o!' Statc H igliwa) 1 U, sait point being South. a distance of 19.56 feei from the Nortliwest corner or -said 5.66 acre tract; Thence Nortli 86 &xvree.% 02 minw.e.s 10 scc•u:nds East along the Soutlierly ri hi of way line of Intcrstate Ifseimay 10, a divanc: of 135P.32 Cum 1-:1 a in c-h iron} rod set 1:Or the iarlhe'L st corner of the herein dz.s;;:rib;:cl tract: Th:ttce 5utittli and pari!itLi v� 111, th—%0 Wes! hsic of said S 66 az;re tract, a ciisUssh lie 41f i :9.8O inch imil reef s-Ut for tl�i_ Someh:.;tA wriv r'lf the ltci�•2n cic•;t_•ri���t1 t��:�•t. 1*hen-C,' W'est. a dtslitic,e of 13 5.0'! f-wi it, s: Im h iron rod set for the •Soot}imtle�it cc+tl% of Ili}tercitt descrihu-d tract rin the We;z lift; of sait'• 5.60 acre irx%A: '1�ltcltc:�� Noviit along Ow \Veit Hens of satid mlv, t: disumcc: cif 130.44 1'ec.•t to tl : PLAC: F 01 13 ECiINNRIN1ti. I:xUbli 'A.' Vage Sj.1 Exhibit "B" City of Baytown Municipal Annexation $MTOWN Staff Report '40S Applicant: .................................................. Jorge A. Valencia Requested Action: ................................................. Expand the municipal boundaries via voluntary annexation by approximately 0.47 acres Subject area: .................................................... Generally located on the south side of I-10 approximately 2,536 feet east of the intersection of I-10 and Thompson Road. Date: ............................... June 13, 2019 Purpose of the Annexation: The applicant is requesting to be annexed into the City of Baytown jurisdiction to obtain city services for future development and to obtain commercial designation for the subject tract.. Annexation of the subject area will allow the subject property to be governed by the standards administered by the City of Baytown. Existing Conditions: The subject area is developed with a metal building and is classified by Harris County Appraisal District (HCAD) as a commercial building. The subject area is in an unincorporated island that is neighbored by light industrial and general commercial land uses. The subject parcel has direct access onto the I-10 east bound frontage road. Adjacent Land Use orth South East West Zoning Designation /A Unincorporated Light Industrial Unincorporated Harris Harris County 6cant County Land Use Interstate 10 Warehousing Vacant xpressway Comprehensive Plan Land Use Designation The City of Baytown Future Land Use Plan (FLUP) designates the subject area to be Business Park. ➢ Business Park (Purple) • Accommodates business activities in planned campus -like settings with interdependent and complementary uses. • Preferred uses and forms include office buildings of various heights, research and development facilities, light manufacturing, high-tech industries, warehousing, and distribution. • Includes a mix of light industrial and retail uses, along with indoor and outdoor commercial activities. • Development should have adequate access to freeways, major arterials, rail, and/or navigable waterways and be of variable depths along or near major arterials and freeways. • Excludes heavy industrial uses. Voluntary Annexation Considerations 1. Is the subject property included in an annexation study area or annexation plan? No. The Annexation strategy prioritized other areas, but the subject parcel is a part of an existing unincorporated island, which fronts on the I-10 corridor. 2. Will the annexation of the subject area protect the best interest, health, safety and welfare of the public in general? If City Council decides to annex the subject area, it will not have an adverse impact on the general welfare of the public or the service delivery to the area. 3. What is the relation of the proposed change to the city's Comprehensive Plan? The applicant's purpose for annexation is to gain access to the City services. The applicant desires to use the subject parcel and the existing structure for commercial uses. The applicant is also pursuing a zoning map amendment for the General Commercial zoning district. 4. What effect will the annexation have upon the natural environment, social and economic conditions, and property values in the vicinity and in the City as a whole? The proposed annexation would expand the city's jurisdictional boundary and assure that development is consistent with other development in the city. Service Plan Summary: Fire Department: The subject properties of the proposed annexation will be assigned to District Five (5). The proposed annexation is located in the Emergency Service District (ESD) and already receives response and services from the Baytown Fire Department. Upon annexation, the area will continue to receive comparable levels of service as any area within the Baytown. Therefore, the annexation will not affect existing response times. Police Department: The proposed annexation will not add to the response times. The subject area will be assigned to Police District 10. Health Department: The annexation of the subject property will be assigned to the Neighborhood Protection Division. Parks and Recreation Department: The proposed annexation will have no impact on the service delivery from this 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: No construction and/or expansion of any other service facility or any capital improvement is required of the City of Baytown. Utility Billing Department: The subject properties of the proposed annexation will be assigned to 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. RP-2019-329302 07/30/2019 ER $36.00 N O M d') N M d� O N V1 7 ORDINANCE NO. 14,115 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 0.47 ACRES LOCATED ALONG THE EAST BOUND FRONTAGE ROAD OF 1-10 APPROXIMATELY 2,536 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 2402 INTERSTATE 10 HWY, AND LEGALLY DESCRIBED AS TRACT 2G-2, BLOCK 2, ELENA FRUIT & COTTON FARMS D, 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 13"' day of June, 2019, and the 11 "' day of July, 2019, in the City Council Chamber of the City Hall of the City of Baytown, Texas; 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 31" day of May, 2019, and on the 26th day of June, 2019; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board and website on the 30th day of May, 2019, and on the 251h day of June, 2019; 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 I" day of January, 2019, was 56.76 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants; and WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area is in the public interest; 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 share of the taxes levied N O M m N M d� O N W1 7 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 rest lations of the Citv of Bavtown. Texas. Section 4: In accordance with Texas Local Govemment 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 in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the I I"' day of July, 2019. f R E T C. OSK , Mayor Pro Tem ATT T: LETICIA BRYSCH, City Cle APPROVED AS TO FORM: / NACIO RAM MEZ, SR., i Attorney INTRODUCED, READ and PASSED on the SEC D AND FINAL READ this the 25"' day of July, 2019. BkANTDON CAPETILLO, Mayo ATT ' f: L �TICIA BRYSCH, City .lerk "KK 4 APPROVED AS TO FORM: 0 CTerNACIO RAMIREZ, SR., City Attorney R.Karen,Files\City Councir.Oidinanecs2019`July 11`.AnnexationotD.24Acres.doc F.Alihit "A" A tract of land out of the Northwest Corner of that certain 5.66 acre tract, more or less, out of Block 2 of Unit ` D" of Elena Fruit and Cotton harms, Harris Cou* Texas, as reflected by the neap or plat thereof of record in Volume ?, Page 49 of tite Map Records of 1-larris Count;, Texas and described by metes and bounds as follows: BF;GMr,NING �( a eongrete hi-hwav monument found at the intersection of the West line. ofsaid 5.66 acre tract, more or less, and the Southerly right of"ity line of State Highwa) I0, sai( paint being South. a distance of 19.56 feet from the Northwest corner of said 5.66 acre tract; Thence North 86 doerees 02 minu,.es 10 sccunds lust along the Southerly right of«•a% line of Inlcrsmate I figimay 10, a divaac: of 1345.32 Iect t:) a V inch iron rod set for the Northeast corner of the herein described tract. Thence South and parallel tsith tl:c Wes! hn-1 of said 5 66 acre tract, a distance cif 1.19.80 t:e! to a': inch imis rod set for !hc Sou'I::;ait wrn-:r cif the herein described tr►et. Thence West. a distance of 135.01 i::rt ton. 1°: in.h iron rod s t for the 'Soil thv.%c,t corns of the herein descrihed vacs r,n the Wes, li!t; r.l'sAd 5.66 acre tr,tw; "fhcnce Nortlt along the We;t heti of said lmwl, a distance of 130.:1.1 feet to the PLAC'F 01:1 EGINNINCI N O M d') N M d� O N '111M 7 N O CO d') N CO r d� O N ,o1 ME Exhibit "B" City of Baytown ei Municipal Annexation BA1'TOWN Staff Report Applicant: ....................... ........... ............... .............. Jorge A. Valencia Requested Action: ..................................,,,,,Expand the municipal boundaries via voluntary .................. annexation by approximately 0.47 acres Subiect area;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Generally located on the south side of 1-10 approximately 2,536 feet east of the intersection of I-10 and Thompson Road. Date: .................................. June 13, 2019 Purpose of the Annexation: The applicant is requesting to be annexed into the City of Baytown jurisdiction to obtain city services for fixture development and to obtain commercial designation for the subject tract.. Annexation of the subject area will allow the subject property to be governed by the standards administered by the City of Baytown. Existing Conditions: The subject area is developed with a metal building and is classified by Harris County Appraisal District (IICAD) as a commercial building. The subject area is in an unincorporated island that is neighbored by light industrial and general commercial land uses. The subject parcel has direct access onto the I-10 east bound frontage road. Adjacent Lawl Use North South East best Zoning DesignationN/A Unincorporated Light Industrial Unincorporated Harris Harris County County Land Use Interstate 10 Vacant Warehousing Vacant Expressway Comprehensive Plan Land Use Designation The City of Baytown Future Land Use Plan (FLUP) designates the subject area to be Business Park. Business Park (Purple) • Accommodates business activities in planned campus -like settings with interdependent and complementary uses. N O CO d') N CO d� O N ,o1 Md • Preferred uses and forms include office buildings of various heights, research and development facilities, light manufacturing, high-tech industries, warehousing, and distribution. • Includes a mix of light industrial and retail uses, along with indoor and outdoor commercial activities. • Development should have adequate access to freeways, major arterials, rail, and/or navigable waterways and be of variable depths along or near major arterials and freeways. • Excludes heavy industrial uses. Voluntary Annexation Considerations 1. Is the subject property included in an annexation study area or annexation plan? No. The Annexation strategy prioritized other areas, but the subject parcel is a part of an existing unincorporated island, which fronts on the I-10 corridor. 2. Will the annexation of the subject area protect the best interest, health, safety and welfare of the public in general? If City Council decides to annex the subject area, it will not have an adverse impact on the general welfare of the public or the service delivery to the area. 3. What is the relation of the proposed change to the city's Comprehensive Plan? The applicant's purpose for annexation is to gain access to the City services. The applicant desires to use the subject parcel and the existing structure for commercial uses. The applicant is also pursuing a zoning map amendment for the General Commercial zoning district. 4. What effect will the annexation have upon the natural environment, social and economic conditions, and property values in the vicinity and in the City as a whole? The proposed annexation would expand the city's jurisdictional boundary and assure that development is consistent with other development in the city. Service Plan Summary: Fire Department: The subject properties of the proposed annexation will be assigned to District Five (5). The proposed annexation is located in the Emergency Service District (ESD) and already receives response and services from the Baytown Fire Department. Upon annexation, the area will continue to receive comparable levels of service as any area within the Baytown. Therefore, the annexation will not affect existing response times. Police Department: The proposed annexation will not add to the response times. The subject area will be assigned to Police District 10. Health Department: The annexation of the subject property will be assigned to the Neighborhood Protection Division. Parks and Recreation Department: The proposed annexation will have no impact on the service delivery from this 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: No construction and/or expansion of any other service facility or any capital improvement is required of the City of Baytown. Utility Billing Department: The subject properties of the proposed annexation will be assigned to 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. N O CO d') N CO d� O N ,o1 Md RP-2019-329302 # Pages 7 07/30/2019 01:17 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN 19016)2114wm�d*+MD4 7111 Fees $36.00 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. J��FH/ARq�l�o 0 \� z y �� a� COUNTY CLERK ��J ;,_ 5�' HARRIS COUNTY, TEXAS