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Ordinance No. 8,854Publish in The Ba ytown Sun: Tuesday, March 14, , and Wednesday, March 15, 2000. ORDINANCE NO. 8854 20000309 -3 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING AN 18.59 ACRE TRACT AT THE SOUTHWEST CORNER OF GARTH ROAD AT WEST CEDAR BAYOU LYNCHBURG ROAD TO COUNCIL DISTRICT NO. 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 9h day of March, 2000. PETE C: ALFARO, Nlayor T'L-� /, GAR W. MITH, City Clerk APPROVED AS TO FORM: �cJ ACIO RAMIREZ, SA,.Oty Attorney c:\MyDocuments\ Council\ 99 -00\ March\ HomeDepotAnnexationtoCouncilDist4. doc PROPOSED ANNEXATION DESCRIPTION 18.59 ACRES Being a 18.59 acre annexation tract of land situated in the T.T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, and being also situated in the Harvey Whiting Survey, Abstract No. 840, Harris County Texas, said 18.59 acre tract being a portion of the Resubdivision of Lot I Block 129 of Elena Fruit and Cotton Farms Unit "D ", according to the map or plat thereof recorded in Volume 855 Page 402 of the Map Records of Harris County, Texas, and being also a portion of Block 31 of Highland Farms, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 61 of the Map Records of Harris County, Texas, said 18.59 acre tract being more particularly described by metes and bounds as follows; Beginning at a point on the north line of Lynchburg -Cedar Bayou Road (also known as Cedar Bayou - Lynchburg Road), 66 feet wide, with the east line of a 150' wide Houston Lighting and Power Company fee strip; THENCE S 77015'30" E, along the north line of Lynchburg Cedar -Bayou Road (also known as Cedar Bayou - Lynchburg Road), as described in judgment recorded in Harris County Clerks File No. M836814, a distance of 818.59 feet to a point for the southwest comer of a called 0.1478 tract as described in Harris County Clerks File No.M836814; THENCE N 09 036'30" W, along the west line of said 0.1478 acre tract, a distance of 36.34' to a point for the northwest comer of the said 0.1478 acre tract, same being on the north line of Lynchburg -Cedar Bayou Road (also known as Cedar Bayou - Lynchburg Road), 100 feet wide; THENCE S 77 015'30" E, along the north line of Lynchburg -Cedar Bayou Road (also known as Cedar Bayou - Lynchburg Road), 100' wide, a distance of 305.87' to a point; THENCE Southerly, along a curve to the right, along a line parallel to and 300 feet westerly thereof from the centerline of Garth Road, having a radius of 2093.83 feet, central angle of 10 °03'16 ", an arc distance of 367.43 feet, a chord bearing of S 01 °50'40" E, and a chord distance of 366.96 feet to a point; THENCE S 03'10'58" W, along a line parallel to and 300 feet westerly thereof from the centerline of Garth Road, a distance of 100.00 feet to a point; THENCE Southerly, along a curve to the left, having a radius of 7337.50 feet, a central angle of 00 °53'33 ", an arc length of 114.30 feet, a chord bearing of S 02'44'12" W, and a chord distance of 1 14.28 feet to a point; THENCE S 73 040'47" W, along the southeasterly line of a 120 feet wide pipeline right of way a distance of 930.53 feet to a point; THENCE N 10 °39'36" W, along the easterly line of the said Houston Lighting and Power Company fee strip a distance of 1072.95 feet to the POINT OF BEGINNING containing a calculated area of 18.59 acres of land. Notes: This document was prepared under 22TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. The bearings shown hereon are referenced to and based on the bearings and distances as described in field note description of a 18.009 acre tract prepared by Terra Surveying Co. A R. MCCLELLAN . L.S. NO. 4980 12 -08 -99 EXHIBIT A