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Ordinance No. 8,660990826 -1 ORDINANCE NO. 8660 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NOS. 1, 2, 3 AND 4, INCLUDING THE NORTHEAST CORNER OF JOHN MARTIN ROAD AT INTERSTATE 10 FEEDER, A PORTION OF INTERSTATE 10 ABUTTING SAID PROPERTIES AND A SMALL TRACT ABUTTING GOOSE CREEK STREAM, ADJACENT TO SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NOS. 3 AND 4 TO COUNCIL DISTRICT 4; 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. 4 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 26th day of August, 1999. PETE C. ALFARO, Nfayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 0 1: f ACID RAMIREZ, S ity Attorney c:MyDocuments\Council\Meetings\ Augustl AnnexSanJacintoMUDsCouncilDist4 .doc STATE OF TEXAS) ® COUNTY OF HARRIS) FIELD NOTES of a 499.3 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, George C. Davis Survey, Abstract No. 1472, W. C. R. R. Co. Survey, Abstract No. 899, and the George W. Collier Survey, Abstract 1543, Harris County, Texas, and being all of the following tracts of land: A) The San Jacinto Mall Subdivision as recorded in Volume 303 at Page 116 of the Map Records of Harris County, Texas. B) A 5 acre tract of land conveyed to Tommy Mercer Summers, et ux, by Leo Mills, et ux, by deed dated March 7, 1969, and recorded in Volume 7542 at Page 42 of the Deed Records of Harris County, Texas. C) A 82.8694 acre tract of land conveyed to George Gilman, Trustee, by Gerald L Smith by deed dated April 28, 1978, and recorded at County Clerk's File Number F 591325 of the Official Public Records of Real Property of Harris County, Texas. D) The residue of a 140.6357 acre tract of land conveyed to Percy R. Fayle by Randal B. McDonald by deed dated November 21, 1972, and recorded at County Clerk's File Number D 746097 of the Official Public Records of Real Property of Harris County, Texas. E) A 41.541 acre tract of land conveyed to George Gilman, Trustee, by R. G. Molina, Trustee, by deed dated April 16, 1973, and recorded at County Clerk's File Number D 853021 of the Official Public Records of Real Property of Harris County, Texas. F) A 3.261 acre tract of land conveyed to Houston Lighting and Power Company by Charles R. Harlin by deed dated October 13, 1955, and recorded in Volume 3042 at Page 9 of the Deed Records of Harris County, Texas. G) A 9.9554 acre tract of land conveyed to William J. Rapson Jr., Limited Partnership, by William J. Rapson Jr., by deed dated April 21, 1998, and recorded at County Clerk's File Number S 993564 of the Official Public Records of Real Property of Hams County, Texas. H) A 34.418, acre tract of land conveyed to Allen E. Russell, Trustee, by Billy F. Collins, Trustee, by deed dated August 4, 1988, and recorded at County Clerk's File Number L 802150 of the Official Public Records of Real Property of Harris County, Texas. D A 90.341 acre tract of land conveyed to Hunt 90 LTD., by George Gilman, Trustee, by deed dated October 2, 1986, and recorded at County Clerk's File Number K 783047 of the Official Public Records of Real Property of Harris County, Texas. J) The residue of 108.0764 acres conveyed to George Gilman, Trustee, by Velma, Inc., by decd dated April 1, 1980, and recorded at County Clerk's File Number G 493354 of the Official Public Records of Real Property of Hams County, Texas. ® K) A 20.00 acre tract of land conveyed to Ten - John Martin, Corner, LTD., by Safar, Inc., by deed dated August 28, 1995, and recorded at County Clerk's File Number R 558514 of the Official Public Records of Real Property of Harris County, Texas. EXHIBIT A PAGE NO.2 - 499.3 ACRES L) A 20.00 acre tract of land conveyed to Ten - John Martin - 20, LTD., by Safar, Inc., by deed dated November 28, 1995, .and recorded at County Clerk's File Number R 801622 of the Official Public Records of Real Property of Harris County, Texas. M) The residue of Lots 17 and 18 of the Highland Farms Subdivision recorded in Volume 7 at Page 60 of the Map Records of Harris County, Texas, as conveyed to Elizabeth M. Martin by George J. Martin by deed dated June 17, 1935, and recorded in Volume 992 at Page 353 of the Deed Records of Harris County, Texas. . N) The residue of Lot 16 of said Highland Farms Subdivision as conveyed to the United States of America by Tyrrell & Garth Investment Co. By Trustee, et al, by deed October 6, 1936, and recorded in Volume 1031 at Page 50 of the Deed Records of Harris County, Texas. 0) A 2.4045 acre tract of land conveyed to Ronald L. Gersteman, by Tri Coastal of Houston, Inc. by deed recorded at County Clerk's File Number P 458729 of the Official Public Records of Real Property of Harris County, Texas. P) A 2.2500 acre tract of land conveyed to H. Erwin Wilbanks, Trustee, by WK Group Holdings/I - 10 Joint Venture deed dated August 29, 1995, and recorded at County Clerk's File Number N 436768 of the Official Public Records of Real Property of Harris County, Texas. Q) The residue of a 13.95 acre tract of land conveyed to Mallie May Brown by Jay Aylor, et ux, by deed dated June 7, 1961, and recorded at County Clerk's File Number B 345918 of the Official Public Records of Real Property of Harris County, Texas. R) A 4.000 acre tract of land conveyed to R & S Land Company by Meadow Lake Associates by deed dated October 15, 1987, and recorded at County Clerk's File Number L 386492 of the Official Public Records of Real Property of Harris County, Texas. S) The residue of 3.000 acres conveyed to Ronald L. Marsh by N. H. Condor, Trustee, by deed dated December 11, 1987, and recorded at County Clerk's File Number L 475507 of the Official Public Records of Real Property of Harris County, Texas. And out of and a part of the following tracts of land: T) A 5.1021 acre tract of land conveyed to Superior Lincoln Mercury, Inc., by Ford Leasing Development Company by deed dated April 1, 1999, and recorded at County Clerk's File Number T 646874 of the Official Public Records of Real Property of Hams County, Texas. U) A 64.28365 acre tract of land conveyed to Robcrt S. Swinney, Trustcc, by Boyer Taylor, Trustee, by deed dated July 27, 1983, and recorded at County Clerk's File Number 1090531 of the Official Public Records of Real Property of Harris County, Texas. This 499.3 acre tract of land is more particularly described by metes and bounds as follows, to -wit: C7 PAGE NO.3 - 499.3 ACRES NOTE: BEARINGS ARE BASED ON PLAT BEARINGS AND FOUND MONUMENTS IN THE WEST LINE OF SAN JACINTO SUBDIVISION AS PER RECORDED PLAT IN VOLUME 303 AT PAGE 116 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a %2 inch iron rod found for an angle comer in a East line of this tract of land, the Northeast corner of said 3.261 acres, the Northwest corner of said San Jacinto Mall Subdivision, and in the South right of way line of Interstate Highway No. 10, right of way width varies. THENCE South 10 °43'38" East with a East line of this tract of land, the East line of said 3.261 acres, and a West line of said San Jacinto Mall Subdivision a distance of 1211.50 feet to a %2 inch iron rod found for a Southeast corner of this tract of land, the Southeast corner of said 3.261 acres, and an interior corner of said San Jacinto Mall Subdivision. THENCE South 79 °40'53" West with a South line of this tract of land, the South line of said 3.261 acres, the South line of said 41.541 acres, and a North line of said San Jacinto Mall Subdivision a distance of 548.23 feet to a %2 inch iron rod set for an interior corner of this tract of land, the Northeast corner of said residue of 140.6357 acres, and a Northwest corner of said San Jacinto Mall Subdivision in the South line of said 41.541 acres. THENCE South 10 °43'38" East with a East line of this tract of land, the East line of said residue of 140.6357 acres, and a West line of said San Jacinto Mall Subdivision a distance of 1211.03 feet to a %2 inch iron rod found for a interior corner of this tract of land, the Southeast comer of said residue of 140.6357 acres, and a Southwest corner of said San Jacinto Mall Subdivision in the North line of said 82.8694 acres. THENCE North 79 °37'54" East with a North line of this tract of land, the North line of said 82.8694 acres, and the South line of said San Jacinto Mall Subdivision a distance of 1292.16 feet to a %z inch iron rod found for a Northeast corner of this tract of land, a Northeast corner of said 82.8694 acres, and an interior corner of said San Jacinto Mall Subdivision. THENCE South 04 °34'27" East with a East line of this tract of land, a East line of said 82.8694 acres, and a West line of said San Jacinto Mall Subdivision a distance of 15.90 feet to a' /z inch iron rod found for and interior corner of this tract of land, the Northwest corner of said 5 acres, and a Southwest corner of said San Jacinto Mall Subdivision. THENCE North 79 °54'13" East with a North line of this tract of land, the North line of said 5 acres, and a South line of said San Jacinto Mall Subdivision a distance of 881.82 feet to a %z inch iron rod set for a Northeast comer of this tract of land, the Northeast corner of said 5 acres, and the Southeast corner of said San Jacinto Mall Subdivision in the West right of way line of Garth Road, 110 foot wide right of way. C -11 PAGE NO.4 - 499.3 ACRES THENCE South 06 °3238" East with a East line of this tract of land, the East line of said 5 acres, the East line of said 82.8694 acres, and the West right of way line of Garth Road a distance of 1164.80 feet to a %2 inch iron rod set for a Southeast corner of this tract of land, the Southeast corner of said 82.8694 acres, and the Northeast comer of the residue of 145 acres conveyed to John Santavy, et ux, by the United States of America by deed dated April 29, 1944, and recorded in Volume 1327 at Page 82 of the Deed Records of Harris County, Texas. - THENCE South 79 °01'15" West with a South line of this tract of land, a South line of said 82.8694 acres, and the North line of said residue of 145 acres a distance of 2456.97 feet to a capped 2 inch iron pipe found for an angle comer of this tract of land, an angle comer in the South line of said 82.8694 acres, an interior corner of said residue of 145 acres, and the Northeast corner of a tract of land conveyed to Autrey Gene Lenamond by deed dated June 6, 1960, and recorded in Volume 4059 at Page 546 of the Deed Records of Harris County, Texas. THENCE South 79 °21'37" West with a South line of this tract of land, a South line of said 82.8694 acres, and the North line of said Lenamond tract, at 716.18 feet found a 1 inch galvanized iron pipe on line for the Southwest corner of said 82.8694 acres, and the Southeast corner of said 90.341 acres, continuing along said line and the South line of said 90.341 acres, at 2350.23 feet set a %2 inch iron rod on line for the Southwest corner of said 90.341 acres in the East right of way line of John Martin Road, 60 foot wide right of way, continuing along said line across John Martin Road a total distance of 2410.73 feet to a %2 inch iron rod set for a Southwest corner of this tract of land, in the West right of way line of John Martin Road, and in the East line of said 64.28365 acres. THENCE North 09 °45'55" West with a West line of this tract of land, the West right of way line of John Martin Road, and the East line of said 64.28365 acres a distance of 205.61 feet to a %:.inch iron rod set for an interior corner of this tract of land, in the North line of said G. C. & S. F. R. R. Co. Survey, and in the South line of said George W. Collier Survey. THENCE South 89 °22'47" West with a South line of this tract of land, the South line of said Collier Survey, the North line of said G. C. & S. F. R. R. Co. Survey, and across said 64.28365 acres a distance of 2219.78 feet to a %2 inch iron rod set for a Southwest corner of this tract of land, in the West line of said 64.28365 acres, and in the West bank of Goose Creek. THENCE in a Northerly direction with the West lines of this tract of land, the West lines of said 64.28365 acres, and the West bank of Goose Creek the following courses: North 04° 04' 51" East, 34.80 feet to a %2 inch iron rod set; North 22° 04'56" East, 613.79 feet to a %2 inch iron rod set for a Northwest corner of this tract of land, and the Northwest corner of said 64.28365 acres. THENCE North 88 048'05" East with a North line of this tract of land, the North line of said 64.28365 acres, and across Goose Creek distance of 116.60 feet to a %2 inch iron rod set for an interior corner of this tract of land, and the Southwest corner of said residue of 108.0764 acres in the East bank of Goose Creek. From this corner a %2 inch iron rod found leaning bears South 20 °07'05" East a distance of 0.57 ® feet. PAGE NO.5 - 499.3 ACRES THENCE in a Northerly direction with the West line of this tract of land, the West line of said residue of 108.0764 acres, and the East bank of Goose Creek the following courses to %a inch iron rods set: North 19 °25'05" East, . 356.31 feet to a 5/8 inch iron rod found; North 22 050'55" West, 656.97 feet; North 26 045'49" West, 353.06 feet; North 10 °20'02" West, 203.54 feet; North 01 °01'23" West, 399.87 feet; North 13 °58'29" West, 152.41 feet; North 23 °33'22" West, 106.61 feet; North 47 043'51" West, at 500.30 feet set a % inch iron rod on line for the Northwest comer of said residue of 108.0764 acres in the South right of way line of Interstate No. 10, in all a total distance of 875.74 feet to a % inch iron rod set for a Northwest corner of this tract of land, in the North right of way line of Interstate No. 10, and in the South line of a 61.7769 acre tract of land conveyed to E. A. Kelly by C. C. McMillian by deed dated September 10, 1970, and recorded at County Clerk's File Number D 200114 of the Official Public Records of Real Property of Harris County, Texas. THENCE North 79 °42'18" East with a North line of this tract of land, the North right of way line of Interstate No. 10, the South line of said 61.7769 acres, and the South Iine of the residue of 54 acres conveyed to John G. Martin by W. C. Tyrrell Trust by deed dated July 24, 1925, and recorded in Volume 626 at Page 130 of the Deed Records of Harris County, Texas, a distance of 1744.97 feet to a right of way monument found for an angle corner of this tract of land, an angle corner in the North right of way line of Interstate No. 10, and an angle comer in the South line of said 54 acres. THENCE in a Easterly direction with the North line of this tract of land, the North right of way line of Interstate No. 10, and the South line of said 54 acres the following courses to right of way monuments found: North 71056'08" East, 129.29 feet; North 79 °42'18" East, 395.03 feet; North 33 °04'18" East, 69.41 feet; North 79 °42'18" East, 20.92 feet to a %: inch iron rod set for an angle corner of this tract of land, the Southeast comer of said 54 acres, and the point of intersection of the North right of way line of Interstate No. 10 with the West right of way line of John Martin Road. THENCE North 71 °09'49" East with a North line of this tract of land, and across John Martin Road a distance of 60.26 to a'' /s inch iron rod set for an interior corner of this tract of land, the Southwest corner of said residue of the Elizabeth Martin tact, in the West line of said Lot 18, and the point of intersection of the North right of way line of Interstate No. 10, and the East right of way line of John Martin Road. From this point a concrete right of way monument found leaning bears South 75 °45'04" West a distance of 2.41 feet. [I PAGE NO.6 - 499.3 ACRES THENCE North 13 °29'00" West with a West line of this tract of land, the West line of said residue of the Elizabeth Martin tract, the West line of said Lot 18, and the East right of way line of John Martin Road a distance of 481.93 feet to a 2 inch iron pipe found for a Northwest corner of this tract of land, the Northwest corner of said Lot 18, the Northwest corner of said residue of the Elizabeth Martin tract, and the Southwest corner of a 2.272 acre easement conveyed to Gulf Refining Company by John Burley Corporation, et al, by deed recorded at County Clerk's File Number G 903559 of the Official Public Records of Real Property of Harris County, Texas. THENCE North 79 °47'58" East with the North line of this tract of land, the North line of said Lots 18, 17, and the residue of Lot 16, the North line of said residue of the Elizabeth Martin tract, the North line of said residue of the United States of America tract, the North line of said 2.4045 acres, the Nort4, line of said 2.2500 acres, the North line of said residue of 13.95 acres, the North line of said 4.000 acres, the North line of said residue of 3.000 acres, the North line of said 5.1021 acres, and the South line of said 2.272 acre easement a distance of 1669.21 feet to a %s inch iron rod found for a Northeast corner of this tract of land, an interior corner of said 5.1021 acres, and a Southeast comer of said 2.272 acre easement. THENCE South 06 °39'57" East with a East line of this tract of land over and across said 5.1021 acres a distance of 559.58 feet to a %, inch iron rod set for an interior comer of this tract of land, in the South line of said 5.1021 acres, and in the North right of way line of Interstate No. 10. THENCE North 79 °46'10" East with a North line of this tract of land, the North right of way line of Interstate No. 10, the South line of said 5.1021 acres, the South line of a 1.7796 acre tract of land conveyed to James Cavender, et al, by Don H. Murphy, et al, by deed dated November 26, 1996, and recorded at County Clerk's File Number S 238683 of the Official Public Records of Real Property of Harris County, Texas, the South line of a 8.00 acre tract of land conveyed to Ford Motor Dealership Development Company by John Burley Corporation by deed dated March 17, 1980, and recorded at County Clerk's File Number G 466035 of the Official Public Records of Real Property of Harris County, Texas, the South line of a 60 foot easement conveyed to County of Hams by John Burley Corporation by deed dated March 17, 1980, and recorded at County Clerk's File Number G 466039 of the Official Public Records of Real Property of Harris County, Texas, the South line of a 40.39 foot easement conveyed to Union Carbide Industrial Gases Inc., by A. N. Rusche Districting Company by deed dated October 29, 1992, and recorded at County Clerk's File Number N 942581 of the Official Public Records of Real Property of Harris County, Texas, the South line of a 4.444 acre tract of land conveyed to Houston Lighting and Power Company by Buck H. Turner, et al, by deed dated October 13, 1955, and recorded in Volume 3051 at Page 265 of the Deed Records of Harris County, Texas, and the South line of a 2.431 acre tract of land conveyed to Houston Lighting and Power Company by Cleo L. Veernstra by deed dated December 8, 1955, and recorded in Volume 3074 at Page 194 of the Deed Records of Harris County, Texas a distance of 1631.90 feet to a 1 inch iron pipe found for a Northeast corner of this tract of land, the Southeast corner of said 2.431 acres, and the Southwest corner of a 1.866 acre tract of land conveyed to GMRJ Texas, L. P., by GMRI Inc., by deed dated December 16, 1997, and recorded at County Clerk's File Number S 824323 of the Official Public Records of Real Property of Harris County, Texas in the North right of way line of Interstate No. 10. 1] PAGE NO.7 - 499.3 ACRES THENCE South 04'18'27" East with a East line of this tract of land and over and across Interstate No. 10 a distance of 301.65 feet to the PLACE OF BEGINNING, containing within said boundaries 499.3 acres of land more or less. SURVEYED: April, 1999.' SURVEYOR'S CERTIFICATE I, Michael W. Chandler, Registered Professional Land Surveyor No. 5292, do hereby certify that the foregoing field notes were prepared from an actual on the ground survey made on the date shown and that all lines, boundaries, and landmarks are accurately described therein. s WITNESS my hand and seal at Baytown, Texas, this the 7th., day of May, A.D., 1999. REG. PROFESSIONAL LAND SURVEYOR NO. 5292 99- 1632.FDN OF lF tiSTF,o%.- MICHAEL W. CHANDLER ........................ �.... • ° 5292 ly�D Ff SSt, ��Q- SURD y K. 'A ,' Q3 -C ? -33 IJ:�3 Frca, -z_10 ST,iICiC!;,VJ GIL!cii_ T;31623Z33� i -130 P.�7U�3 r -CZ3 BEING a 34.2809 acre tract lying in the George C. Dav stract 89is Surve Abstract 1472, and the W.C.R.R. Co. Survey No. 1, Abg� Harris County, Texas, and being that certain tract of land conveyed to George Gilman, Trustee, by deed recorded on File Code 043 -96- 1732 of the Deed Records of Harris County, Texas, Particularly described as follows: and being more COMMENCING at a � inch iron rod located in the Northwest corner of San Jacinto Mall, as recorded in Volume 303, Page 116, of the Harris county. Map Records, said point also being in the South right -of -way line of Interstate Highway No. 10 (300 foot right -of -uay); THENCE South 79 046'10" West, along said South rig ht-of- way line of Interstate Highway No. 10, a distance of 1961.73 feet to a inch iron rod and the POINT OF BEGIN- NING; THENCE South 10 °13'11" East, along the common property line between said George Gilman tract and that tract of land conveyed to Eactstone Associates by deed recorded in Film Code 189 -33 -0417, of the Deed Records of Harris County, Texas, a distance of 1202.55 feet to a 3- inch iron rod, located in an old barbed wire fence line; THENCE South 79045159" West, along said old barbed wire Z ence line, a distance of 1255.11 feet to a inch iron rod located in the Fast right -o., -way line of John Martin Road (60 foot right-of'-way); THENCE North 09 045 "S58' West, along said East right -of -way of John Martin Road, a distance of 1251.61 feet to a -I- inch iron rod located- in the cut off line between said East right -of -way line of John Martin Road and the afore - mentioned South right -of -way line of Interstate Highway Pro. 10; THENCE ; North 56 022'35" East along said cut ofi line, a distance of 55.50 feet to a x inch iron rod; THENCE North 6300;'49' East, and continuing along said cut off line, a distance of 41.97 feet to a concrete monument, located in said South = ight -of -way line of Interstate Highway No. 10; EXITTflIT '-A roe L oL ?. 10:43 rrci -5 =10 STZI MAN) GILL_iTc +Z814Ze23 =61 7-135 THENCE North 79 046110" East, along said South right -of- way line, a distance of 374.10 feet to a � inch iron rod; THENCE North 72 007'13" East, and continuing along said South right- of -wav line, a distance of 127.35 feet to a concrete monument; THENCE North 79 046110" East, and continuing along South right -of -way line, a distance of 654.53 feet to the POINT OF BEGINNING and containing 34.2209 acres, more or less. 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