Ordinance No. 7,306950427 -14
ORDINANCE NO. 7306
• AN ORDINANCE AMENDING ORDINANCE NO. 6721 PASSED ON AUGUST
12, 1993, BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RELATING TO THE ADDITION OF THE CRACKER BARREL OLD
COUNTRY STORE ON INTERSTATE 10 AT GARTH ROAD TO COUNCIL
DISTRICT NO. 4 IN ORDER 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. 6721 on August 12, 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. 6721; 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 and assigned to
Council District No. 4; and
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. 6721 passed by
the City Council of the City of Baytown, Texas on August 12, 1993,
• is hereby amended to read as follows:
950427 -14a
• Section 1: Council District No. 4 is hereby
redistricted by the addition of certain property which is
described on the attached Exhibits "A" and "B."
Section 2: That Exhibit "B" is hereby attached to and
incorporated in Ordinance No. 6721, pptssed by the City Council of
the City of Baytown, Texas on August 12, 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inconsistent with the terms of this ordinance are hereby repealed;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. 6721 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 27th day of April,
1995.
/. -e- (. Z&�
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
0 2
• APPROVED AS TO FORM:
ACIO RAMIREZ, R., City Attorney
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dates and Bounds Description
.3.000 Acre Tract (130,684 Square Feet)
George Ellis Survey, A -21
Harris County, Texas
Being 3.000 acres (130,684 square feet) of land situated in the George
Ellis Survey, Abstract No. 21, Harris county, Texas, being out of and
a part of a called 20.335 acre tract conveyed to Vona 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 and recorded under File Ntzber
F101734, Faun Code M nber 162 -14 -2330 of the Harris County Official
Public Records of Real Property, being a part of Int 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:
COMKII3CM4G 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) (TLH -10), at the easterly right -of -way line of Garth
Road, being the mast southerly southwest corner of a called 0.6346 acre
tract recorded wrier 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 --way line of IH 10,
a distance of 345.00 feet to an iron rod with cap found for the POINT
OF BEGINNING;
1HDTCE, North 08'29116" West, a distance of 414.97 feet to a 5/8 -inch iron
rod set for the northwest comer of the herein described tract;
THENCE, North 80'15'19" East, a distance of 315.00 feet to a 5/8 -inch iron
rod set for the northeast corner of the herein described tract;
THENCE, 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;
iH£NCE, South 80'15119" west, alone said northerly right --of --way line of
IH -10, a distance of 315.00 feet to the FOI.NT OF SF]G VING, containing
ni n
an area of 3.000 acres (130,684 square feet) of land, more or less.
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SURVCCN, INC.
Houston, Texas
Job No. 5649 -02 reC F
March 5, 1993
WILLIAM H SMIT" JR.
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