Ordinance No. 7,279950323 -20
CRDINANCE NO. 7279
• AN ORDINANCE AMENDING ORDINANCE NO. 6673 PASSED ON JUNE
24, 1993, BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RELATING TO THE ANNEXATION OF THE CRACKER BARREL
OLD COUNTRY STORE ON INTERSTATE 10 AT GARTH ROAD TO
ATTACH AN ADDITIONAL EXHIBIT TO THE SAME; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND
PROVIDING EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas,
passed Ordinance No. 6673 on June 24, 1993, to annex the Cracker
Barrel Old Country Store on Interstate 10 at Garth Road; and
WHEREAS, the Cracker Barrel Old Country Store supplied the
City of Baytown with the metes and bounds description of the area
to be annexed, which was incorporated into Ordinance No. 6673; and
WHEREAS, the description provided only included the roadway
around the restaurant and store, not the facility itself; and
WHEREAS, the service plans, the minutes of the council
meetings regarding the annexation of such area, as well as all maps
included in the U.S. Department of Justice submission clearly
indicate that at the time of the passage of Ordinance No. 6673,
Council intended to annex the site of the Cracker Barrel Old
Country Store; and
WHEREAS, the Cracker Barrel Old Country Store intended to have
its site annexed by the City in such Ordinance.
WHEREAS, the Cracker Barrel Old Country Store has no objection
to this amendment, as the restaurant is currently receiving
municipal services; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 1 of Ordinance No. 6673 passed by
the City Council of the City of Baytown, Texas on June 24, 1993, is
hereby amended to read as follows:
q0 Section 1: That the following described land and territory
lying adjacent to and adjoining the City of Baytown is hereby
added and annexed to the City of Baytown, Texas, and shall
950323 -20a
• 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 EXHIBITS "A" and "B"
Section 2: That Exhibit "B" is hereby attached to and
incorporated in Ordinance No. 6673, passed by the City Council of
the City of Baytown, Texas on June 24, 1993, for all intents and
purposes.
Section 3: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 4: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 5: This ordinance be effective from and after the
passage of Ordinance No. 6673 by the City Council of the City of
Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd day of March,
1995.
PETE C. ALFARO, Mayor
2
9 ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
2-49ACIO RAMIREZ, SR. ity Attorney
b:k1h5 /cracker.ord
C
950323 -20b
L`
Metes and Bounds Descrirticn
0.8677 Acre Tract
George Ellis Survey, Abstract No. 21
Harris County, Texas
Being 0.6677 (37,797 square feet) of land situated Lz the George Ellis
Survey, Abstract :'o. 21, Harris Ccunty, Texas, being out cf and a part
of a called 20.335 acre tract conveyed to Vona Charleita Comer, by
Nathaniel Herman Cender in Cause No. 82 -41667 in the District Court
of Harris County, Texas, 245th Judicial District, said 20.335 acre
tract being better described in deed from Robert L. Gillette, Trustee, to
N. H. Corder et ux, dated April, 1977 and recorded under File Number
F101734, Film Code Number 162 -14 -2330 of the Harris County Official
Public Records of Real Property (H.C.O.P.R.R.P.) , being a part of Lot
5 of the subdivision of said George Ellis Survey, Abstract No. 21; said
0.8677 of one acre of lard being pore particulary described by metes and
bourris as follows:
GCMMENCI27G at a 5/8 -inch iron rod found for the southeriy end of a cut-
back corner, being in the north right -of -way line of Interstate Hiahway
10, (width varies) , at the intersection with the easterly riaht---�f�aay
line of Garth Road, being t~e most southerly southwest corner of a called
0.6346 acre tract, recorded under File Number H036275, Film Code Number
188 -97 -2119 of the H.C.O.P.R.R.P.;
THENCE, North 80'15119" East, along said north right- of-:..rav line of IH -10,
a distance of 285.00 feet to a 1/2 -inch iron rod found fcr the POUTT OF
BEGIIMMG;
THENCE, North 08'29116" West, a distance of 235.00 feet to a 1/2 -inch
iron rvd found for corner;
THENCE, South 80'14'20" West, a distance of 335.09 feet to an iron rod
with cap found for cwrner, being in the existing easterly right -c£ -way
line of said Garth Road (80 feet wide);
THENCE, North 08'32149" West, a distance of 60.00 feet to a 5/8 -inch
iron rod set for corner;
THENCE, South 80'14120" Fast, a distance of 395.13 feet =: a 5/8 -inch
iron rod set fcr corner;
TMNCE, South 08'29116" East, a distance cr 295.02 feet to an iron rod
with cap found for corner, being in said northerly right -cf -way line
of Iii -10 ;
THENCE, South 80'15'19" West, along said northerly riaht-cf -way line
of IH -10, a distance of 60.00 feet to the POINT OF BEG23,II2;G, c;nraining
0.8677 acres (37,797 square feet) of land.
EXHIBIT A
1' OF 1: a
31-7
Compiled by:
SURMON, MTC
�Q F 1t1n,M H $A1111f 1F
Houston, Texas
Job No. 5649 -02
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March 5, 1993
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EXHIBIT A
Metes and Bowxds Des=iption
i3.000 Acre Tract (130,684 Square Feet)
George Ellis Survey, A -21
Harris CaLmty, 'Texas
Being 3.000 acres (130,684 square feet) of larzd situated in the George
Ellis Survey, Abstract No. 21, Harris County, Texas, being Out of and
a paxt of a called 20.335 acre tract conveyed to Vana Charleita Conder,
by Nathaniel Herman Conder in Cause No. 82 -41667 in the District Court
of Harris County, Texas, 245th Judicial District, said 20.335 acre tract
being better described in deed from Robert L. Gillette, Trustee, to N.
H. Conder et ux, dated April, 1977 arxi recorded under File Number
F101734, Film Code R=ber 162 -14 -2330 of the Harris County official,
Public Records of Real Property, being a part of lot 5 of the subdivision
of said George Ellis Survey, Abstract No. 21; said 3.000 acres of land
being more particularly described by metes and bounds as follows:
CING at a 5/8 -inch iron rod found for the southerly end of a cut-
back corner, being in the north right- of-way line of Interstate Highway
10, (width varies) (IH -10), at the easterly right- of-way line of Garth
Road, being the most southerly southwest corner of a called 0.6346 acre
tract recorded under File Mrmber H036275, Film Code Number 188 -97 -2119
of the H.C.O.P.R.R.P.;
mgwCE, North 80'15119" East, along said north right- of-way line of IH 10,
a diutanc3e of 345.00 feet to an iron rod with cap found for the POINT
OF BEGIlNNn4G;
TjflNCE, North 08 °29116" West, a distance of 414.97 feet to a 5/8 -inch iron
rod set for the northwest corner of the herein described tract;
THENCE, North 80 °15119" East, a distance of 315.00 feet to a 5/8 -inch iron
rod set for the northeast corner of the herein described tract;
TiEmE, South 08 °29116" East, a distance of 414.97 feet to a 5/8 -inch iron
rod set for a southeast corner, being in said northerly right- of-way line
of IH -10;
THENCE, South 80 015119" West, along said northerly right --of -way line of
IH -10, a distance of 315.00 feet to the POINT OF BEGDWNG, containing
an area of 3.000 acres (130,684 square feet) of land, more or less.
Ompiled by:
SURVOCN, INC.
Houston, Texas
Job No. 5649 -02
March 5, 1993
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EXHIBIT 11