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Ordinance No. 8,346Published in The Baytown Sun: 980723 -2 Tuesday, July 28, 1998, and ORDINANCE NO. 8346 Wednesday, July 29, 1998. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING A ® 29.8677 ACRE TRACT ABUTTING RACCOON DRIVE BETWEEN TRAILWOOD SUBDIVISION AND CARY'S BAYOU TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Section 17(1) of the Charter of the City of Baytown provides that the City Council shall redistrict the City if the growth of the City justifies; and WHEREAS, it is necessary to include the newly annexed territory described herein in a Council District; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: Council District No. 5 is hereby redistricted by the addition of certain property which is described on the attached Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or 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 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23rd day of July, 1998. G21�- PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPR VED AS TO FORM: • ACIO RAMIREZ, S ., ity Attomey cAMy Dow mentslCounciRMeetingsU ul y1Add29 +AcresCounciIDlsO.doc rjs THE STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of a 29.8677 acre tract of land situated in the Christian Smith League, Abstract No. 69, Harris County, Texas, and being out of and a part of a 30.456 acre tract of land conveyed to M. Ata, M.D.,'P.A., by Mohammad Ata by deed dated November 20, 1986, and recorded at County Clerk's File Number K 846367 of the Official Public Records of Real Property of Harris County, Texas. This 29.8677 acre tract of land is more particularly described by metes and bounds as follows, to -wit: NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND MONUMENTS FOUND AND DESCRIBED IN DEED RECORDED AT K 846367 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS DESCRIPTION. BEGINNING at a 1/2 inch iron rod found for the Southwest corner of this tract of land and the Northeast corner of a 0.676 of an acre tract of land conveyed to Roy L. Fuller by Molly J. Fuller by deed dated February 12, 1995, and recorded at County'Clerk's File Number R 281551 of the Official Public Records of Real Property of Harris County, Texas. This BEGINNING corner is in the West right of way line of Raccoon Drive, 70 foot right of way, and the South line of said 30.456 acre tract of land. THENCE South 79 deg 49 min 07 sec West with the South line of this tract of land, the South line of said 30.456 acre tract of land, the North line of the Fuller 0.676 of an acre tract of land and the North line of a 2.00 acre tract of land conveyed to. L. G. Huff by Evelyn Edwina Barclay by deed dated June 10, 1971, and recorded in Volume 8467 at Page 345 of the Deed Records of Harris County, Texas, and the North line of a 0.6907 of an acre tract of land conveyed to L. G. Huff by Charles Kelly by deed dated January 21, 1982, and recorded at County Clerk's File Number H 313379 of the Official Public Records of Real Property of Harris County, Texas, at 327.07 feet found a 1 inch iron pipe in line, in all a total distance of 704.81 feet to an axle found for the Southwest corner of this tract of land, the Southwest corner of said 30.456 acre tract of land and the Northwest corner of said 0.6907 of an acre tract of land. This corner is in the East line of a 2.005 acre tract of land conveyed to Estella Mae Merritt by Edward Joseph Wolff, Executor, by deed dated August 28, 1986, and recorded at County Clerk's File Number K 736267 of the Official Public Records of Real Property of Harris County, Texas. THENCE North 13 deg 06 min 47 sec West with the West line of this tract of land, the West line of said 30.456 acre tract of land and the East line of the Merritt tract of land a distance of • 75.27 feet to a 1 1/2 inch iron pipe found for a corner of this tract of land, a corner of said 30.456 acre tract of land and the Northeast corner of the Merritt tract of land. EXMBfT A PAGE NO. 2 - 29.8677 ACRES THENCE North 51 deg 58 min 09 sec West with the Southwest line of this tract of land, the Northeast line of the Merritt tract of land, the Northeast line of a 2.241 acre tract of land conveyed to Albert Jordan Wolff by Edward Joseph Wolff, Executor, by deed dated August 28, 1986, and recorded at County Clerk's File Number K 736265 of the Official Public Records of Real Property of Harris County, Texas, the Northeast line of a 2.046 acre tract of land conveyed to Marie Elizabeth Clinton by Edward Joseph Wolff, Executor, by deed dated-April 28, 1995, and recorded at County Clerk's File Number R 381358 of the Official Public Records of Real Property of Harris County, .Texas, and the Northeast line of a 3.123 acre tract of land conveyed to Marie Elizabeth Clinton by Edward Joseph Wolff, Executor, by deed dated August 28, 1986, and recorded at County Clerk's File Number K 736266 of the Official Public Records of Real Property of Harris County, Texas, at 109.42 feet found a 1/2 inch iron rod in line, in all a total distance of 531.25 feet to a 1 1/2 inch iron pipe found for a corner of this tract of land, a corner of said 30.456 acre tract of land, the Northwest corner of the Clinton 3.123 acre tract of land and the Northeast corner of a 7.08 acre tract of land called Tract 1 in a deed from Robert L. Gillette, Trustee, to John L. Woods dated July 7, 1987, and recorded at County Clerk's File Number L 304706 of the Official Public Records of Real Property of Harris County, Texas. THENCE North 61 deg 16 min 54 sec West with the Southwest line of this tract, the Southwest line of said 30.456 acre tract of land and the Northeast line of the Woods tract of land a distance of 229.61 feet to a 1 1/2 inch iron pipe found for a corner of this tract of land, a corner of said 30.456 acre tract of land and a corner of the Woods tract of land. THENCE North 54 deg 55 min 54 sec West with the Southwest line of this tract of land, the Southwest line of said 30.456 acre tract of land, the Northeast line of the Woods tract of land and the Northeast line of a 1.72 acre tract of land conveyed to Verna Ruth Jones by S. M. Woods by deed dated August 29, 1972, and recorded at County Clerk's File Number D 680539 of the Official Public Records of Real Property of Harris County, Texas, at 107.43 feet found a 5/8 inch iron rod in line, in all a total distance of 200.42 feet to a 1/2 inch iron rod set for a corner of this tract of land, a corner of said 30.456 acre tract of land and a corner of the Jones tract of land. PAGE NO. 3 - 29.8677 ACRES (� THENCE North 46 deg 14 min 58 sec West with the Southwest line of this tract of land, the Southwest line of said 30.456 acre tract of land, the Northeast line of the Jones tract of land and the Northeast line of a 0.1154 of an acre tract of land conveyed to John-L. Lancaster by Edward H. Shackelford by deed dated June 12, 1992, and recorded at County Clerk's File Number N 737181 of the Official Public Records of Real Property of Harris County, Texas, a distance of 120.93 feet to a 1 1/2 inch iron pipe found for a corner of this tract of-land, a corner of said 30.456 acre tract of land and a corner of said 0.1154 of an acre tract of land. THENCE North 54 deg 33 min 36 sec West with the Southwest line of this tract of land, the Southwest line of said 30.456 acre tract of land, the Northeast line of said 0.1154 acre tract of land and the Northeast line of Trailwood Subdivision as per map recorded in Volume 276 at Page 83 of the Map Records of Harris County, Texas, a distance of 363.26 feet to a 1/2 inch iron rod set for a corner of this tract of land, a corner of said 30.456 acre tract of land and a corner of said subdivision. THENCE North 54 deg 17 min 23 sec West with the Southwest line of this tract of land, the Southwest line of said 30.456 acre tract of land, the Northeast line of said subdivision and the Northeast line of a 9.90 acre tract of land called Tract 1 in a deed from J. C. Hollaway to City of Baytown, dated December 19, 1968, and recorded at County Clerk's File Number C 837097 of the Official Public Records of Real Property of Harris County, Texas, a distance of 313.24 feet to a 3" x 3" concrete monument found for the Northwest corner of this tract of land, the Northwest corner of said 30.456 acre tract of land and a corner of said 9.90 acre tract of land. THENCE North 80 deg 15 min 12 sec East with the North line of this tract of land, the North line of said 30.456 acre tract of land, the South line of said 9.90 acre tract of land and the South line of a 1.5649 acre tract of land conveyed to the City of Baytown by Bernardine Pickett by deed dated November 19, 1970, and recorded at County Clerk's File Number D 231109 of the Official Public Records of Real Property of Harris County, Texas, at 636.80 feet found a 1/2 inch iron rod in line, in all a total distance of 836.56 feet to a point for the most Northern Northeast corner of this tract of land, the most Northern Northeast corner of said 30.456 acre tract of land and the West corner of a 9.886 acre tract of land conveyed to the City of Baytown by Great Western Sulphur Company by deed dated February 12, 1970, and recorded in Volume 7971 at Page 7 of the Deed Records of Harris County, Texas. This corner is in Carey's Bayou. CJ PAGE NO. 4 - 29.8677 ACRES THENCE in a Southeasterly direction with the North line of this tract of land, the North line of said 30.456 acre tract of land and the South line of said 9.886 acre tract of land the following courses: South 54 deg 24 min 16 sec East 408.81 feet; South 87 deg 23 min 51 sec East 195.78 feet; South 43 deg 52 min 24 sec East 202.15 feet; North 76 deg 16 min 46 sec East *221.02 feet; South 84 deg 23 min 32 sec East 301.52 feet to a point for the most Eastern Northeast corner of this tract of land and the most Eastern Northeast corner of said 30.456 acre tract of land in the West right of way line of Raccoon Drive. THENCE South 09 deg 26 min 54 sec East with the East line of this tract of land and the West right of way line of Raccoon Drive a distance of 760.93 feet to the PLACE OF BEGINNING, containing within said boundaries 29.8677 acres of land. SURVEYED: July, 1997 SURVEYOR'S CERTIFICATE I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 11th., day of July, A.D., 1997. REG. PROFESSIONAL LAND SURVEYOR NO. 1610 97- 1274.FDN