No preview available
Ordinance No. 14,265RP-2020-119084 03/16/2020 ER $76.00 It O O d� O N O N ,o1 7 ORDINANCE NO. 14,265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 67.82 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF EAST WALLISVILLE ROAD APPROXIMATELY 1,800 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 6427 EAST WALLISVILLE ROAD, AND SITUATED IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. WHEREAS, there being no request for an "on -site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 2 of this ordinance, were held during the City Council meetings on the 241h day of October, 2019, and the 181h day of November, 2019, in the City Council Chamber of City Hall of the City of Baytown, Texas; and WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below -described territories on the 10`h day of October, 2019, and on the 3 1 " day of October, 2019; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board on the W" day of October, 2019, and on the 281h day of October, 2019; and WHEREAS, each notice posted on the City of Baytown's notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the 151 day of January, 2019, was 56.76 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants; and WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area is in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas. Section 2: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary lints 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 EXHIBIT "A" Section 3: The above -described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata share of the taxes levied 00 O d� O N O N W1 ME by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 4: In accordance with Texas Local Government Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit "B," and is incorporated herein by this reference for all intents and purposes. Section 5: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the -,,,-,Council of the City of Baytown this the 18`h day of November, 2019. 1( 12 BRANDON CAPETIL O, ayor ATT T: k LETICIA BRYSCH, Cit rk �, ° , s APPROVED AS TO FORM: Nam®CQ i ACIO RAMIREZ, SR., C' y Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this a 91h day of January, 2020. /� B DON CAPETILLO, yor ATTEST/ _ fl LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: CTNN ACIO RAMIREZ, SR., City dtorney N,l, ®° Q° COBFSOI'.Legal'Karen`Files.City Councill'Ordinances\2020Vanuary9\Annexationof67.82Acres.doc It 00 O O N O N 00 to M N O co cb O N a EXHIBIT "A" LEGAL DESCRIPTION Fife No.: 1820119445 Tract 1: FIELD NOTES of a 58.5511 acre tract of land situated in the George Ellis League, Abstract 21, Harris County, Texas and being out of and a part of Lots 14 and 15 of the Subdivision of the George Ell!& League according to the Map recorded in Volume 72 at Page 452 of the Deed Records of Harris County, Texas. Said 68.6511 awes being all of that same land being the residue of that certain 180.0 acres transferred to Royal D. Burnside, Jr., et al, by Will recorded in Probate #191485 and at Film Code 699-93.0548, and called the residue of that certain 120.0 awes conveyed by Royal D. Burnside, Jr., as Independent Executor of the Estate of Genevieve Burnside, Deceased, to Beverly Sansorr% et al, by Deeds of record under County ClerICs File W164705, at al, of the Deed Records of Harris County, Texas. This 58.5511 acres Is more particularly described by the following metes and bounds, to -wit NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. NAD 83. ALL DISTANCES AREACTUAL DISTANCES. SCALE FACTOR = 1.0000000. REFERENCE IS MADE TO THE PLATOF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 518 inch iron rod, with cap (Gorrondana). frxind In the North dght-of-way fine of Wa81svtille Road (right-of-way width varies) for the Southeast comer of that certain 6.00 awes (Tract 1) conveyed by Royal D. Burnside, Jr., et ux. to Terry McDaniel, at ux, by Deed dated October 14,1993 and recorded under County Clerk's File #P505805 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Southernmost Southwest corner of that certain called 11.87 acres Right-of•Why and Easement granted by Royal D. Burnside, Jr., at ux, to San Jacinto RiverAuthodty by Instrument dated November 26, 1963 and recorded under County Clerk's File #C330066 of the Dead Records of Harris County, Texas and the Southernmost Southwest corner of that certain 9.2688 acres (Tract 2), surveyed this date. Said COMMENCING POINT has a State Plano Coordinate Value of Y=13,868,548.12 and X=3,243,747.09; from wlddl a 34 inch iron rod found for the Southwest comer of said 0.00 awes and the Southeast corner of that certain 4.00 acres (Tract 2) conveyed to McDaniel in the heretofore mentioned Deed bears South 77.49'21' West 250.29 feet. THENCE: North 77*51 *08" East along the North right-of-way line of said Wa Wfle Road, the Easternmost South fine of said caged 11.87 acres and the Easternmost South line of said 92688 awes for a distance of 120.06 feet to a SM inch iron rod, with cap (Gorrondana), found in the West line of sold Lot 14 and the East lure of said Lot 15 for the Southeast corner of said called 11.87 awes, the Southeast comer of said 9.2688 awes and the Southwest corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,868,573.39 and X=3,243,864.46. Fib No.: 1020119445 Exfth A Logal Deswipaon Papa 1 of 5 V- CD O M t O N O N 0o tt7 M N O M 00 O 04 DL fA THENCE: North 10'54'14' Wrest along the West fine of this tract. the West line of said Lot 14. the East line of said Lot 15. the Southemmost East 6ne of said called 11.87 acres and the East line of said 9.2688 acres and at 1923.04 feet pass a h inch iron rod, with cap (RPLS), found for the Northeast comer of said 9.2688 acres; said point has a State Plane Coordinate Value of Y=13,870,461.70 and X=3,243,500.70; at 1930 96 feet (called 103622 feet) to a h inch iron rod, with cap (RPLS), found for the Easternmost Northeast corner of said called 11.87 acres, sold point has a State Plane Coordinate Value of Y=13,870,478.32 and X=3,243,497.50; in all, a total distance of 1989.97 feet to a % inch iron rod, with cap (BHA), set for the Northwest corner of this tract, the Southwest corner of Stock 19 of Elena Frii Cotton Farms Subdivision as recorded in Volume 7 at Page 48 of the Map Records of Harris County, Texas and the Southwest comer of that certain called 200 acres (being Lots 1, 2 and 3 of said Block 19) as conveyed by the Estate of Malcolm Brown, Sr., deceased, to the Malcolm Orval Broom, Sr. Family Trust by Deed dated August 1, 2004 and recorded under County Clerles Fie #X954416 of the Official Public Records of Real Property of Harris County, Texas. Said point has a State Plane Coordinate Value of 13,870,527.43 and X=3,243,488.03. THENCE: North 77'49'56' East along the North line of this track the South line of said Black 19 and the South lute of said called 200 acres for a distance of 1265.27 feet to a % inch iron rod, with cap (BHA), set for the Northeast comer of this tract Said point has a State Plane Coordinate Value of Y=13,870,794.11 and X=3,244,724.88. THENCE: South 12'20'62' East along the East line of this tract and at 50.0 feet pass a % inch Iron rod, with cap. set for the Northwest corner of that certain 60.0513 acres conveyed by Beverly Sansom, et al. to Goose Creek Consolidated Independent School District by Deed dated November 4, 2003 and recorded under County Clerk's File OX179591 of the Official Public Records of Real Property of Harris County, Texas and Planed as G. C C. I S D New High School under Film Code #627111 of the Plat Records of Harris County, Texan said point has a State Plane Coordinate Value of Y-13,870,745.27 and X=3,244,735.57; from which a'A inch iron rod, with cap (8HA), found in the West right-of-way line of North Main Street for the Northeast corner of said 60.0513 acres bears North 77"5622' East 135MOI feet; at 1603.10 feet pass a % inch 'iron rod, with cap (BHA), set for the Northeast comer of that certain 1.528 aces conveyed by Beverly Sansom, al al. to County of Harris for a Detention Easement by Instrument dated February 21. 2012 and recorded under County Clerks File #20120086104 of the Official Public Records of Real Property of Harris County, Texas; from which a found % inch iron rod, with cap, bears South 06'26'11' West 0.72 feet in all, a total distance of 1968.20 feet to a % inch 'iron rod, with cap (BHA), set in the North right-of-way line of said Wa6isville Road for the Southeast comer of this tract, the Southeast comer of said Detention Easement Tract and the Southwest corner of said 60.0513 acres. Said paint has a State Plane Coordinate Value of Y= 13.868,971 A4 and X=3,245,145.77. THENCE: South 77'46'52' West along the Easternmost South line of this tract the Easternmost South line of said Detention Easement Tract and the North right-of-way line of said Wallisvilie Road for a distance o143.32 feet to a % inch iron rod, with cap (BHA), set for an exterior comer of this tract and an exterior comer of said Detention Easement Tract, in the East One of that certain 0.1288 of an acre tract of land conveyed by Beverly Sensom, el al, to Comm Site Towers, Inc. by Deed dated October 31. 2001 and recorded under County Clerk's pile OV413291 of the Official Public Records of Real Property of Harris County, Texas. THENCE: North 16'10'18' Vtbst along an interior line of this tract. an interior One of said Detention Easement Tract and We East fine or said 0.1288 of an acre too a distance of 66.12 feet too 5f8 Inch Iron Fde Na: 1020119445 Exhib4ALe0210es *:Wn a"e2ofs V- OD O M O N O N '111ill E 00 6p M O M o0 T O N a 1A rod found for an interior corner of Ihis Iraq, an interior comer of sold Detention Easement Tract and the Northeast comer of said 0.1288 of an acre. THENCE: South 77'57'57' West along an interior fine of this tract, an interior fine of said Detention Easomont Tract and the North line of said 0.1288 of an acre for a distance of 75.00 feel to a A Inch Iron rod, with cap (BHA), found for an interior corner of this tract, an Interior comer of said Detention Easement Tract and the Northwest corner of said 0.1288 of an acre. THENCE: South 16.10'18' East along an interior line of this tract, an Interior One of said Detention Easement Tract and the West line of said 0.1288 of an acre for a distance of 56.34 feet to a A Inch Iran rod found In the North right-of-way line of said Wallisv lle Road for the Northeast comer of a 0.232 of an acre tract conveyed by Beverly Sansom, el al, to County of Harris for Easement for Road and Drainage by Instrument dated February 20 and 21. 2012 and recorded under County Clerk's File #20120086195 of the Official Public Records of Real Property of Harris County, Texas. Said point being an exterior comer of this tract and an exterior corner of said Delenlion Easement Tract. THENCE South 77'46'51' West along the Westemmosl South line of this tract, the Westernmost South line of said Detention Easement Tract, the North One of said 0.232 of an acre and the North right-ofAW line of sold Wallisville Road for a distance of 18.48 feet to a 34 inch iron rod, with cap (ESOR), found for the BEGINNING POINT of a curve to the left, concave Southerly. THENCE: Along and around said curve to the left. in a Westerly direction, along the Westernmost South line of this tract, the Westemmost South line of said Detention Easement Tract, the North One of said 0.232 of an acre and the North rightef-way line of said Wallisville Road, said curve having a radius of 2000.00 feet, a central angle of 04'4.5'31' and a chord bearing and distance of South 76024'04' West 166.06 feet, and at an arc length of 66.11 feel pass o H Inch iron rod, with cap (BHA), set for the Southwest corner of said Detention Easement Traci; in a0, a total arc length of 166.11 feet to a % Inch iron rod, with cap (ESOR), found for the TERMINATION POINT of said curve. PAGE 4 — 58.6511 ACRES, TRACT 1. THENCE: South 73'01'11' West along the Westernmost South line of this tract, the North file of said 0.232 of an acre and the North right-of-way line of said Wallisville Road for a distance of 228A7 feel 10 a % inch Iron rod, with rap (BHA), set for the HEGINNING POINT of a curve to the right, concave Northerly. Said point has a Stale Plane Coordinate Value of Y-13,8G8,743.54 and X=3,244,630.08. THENCE: Along and around said curve to the right, in a Westerly direction, along the Westemmost South One of this tract, the North One of said 0.232 of an acre and the North right-of-way One of said MIllsville Road, said curve having a radius of 1200.00 feet, a central angle of 04'45'40' and a chord bearing and distance of South 75124'01' VYest 99.69 feet, (of to arc length of 99.72 feet to a % Inch iron rod, with cap (ESOR), found for the TERMINATION POINT of said curve and the Westernmost corner of said 0.232 of an acre. Said point has a State Plane Coordinate Value of Y=13,868.718.41 and X=3,244,633.61. THENCE: South 77.46'16' West along the Weslemmost South One of this tract and the North right-of- way lime of said Wallisville Road for a distance of 684.68 feet to the PLACE OF BEGINNING and containing within these boundaries 58.5511 acres of land, more or less. Tract 2: He No.: 1920119445 Exams A Lega10ewipfion Page 3 of 5 OD O M r O N O N FIELD NOTES of a 9.2688 acre tract of land situated in the George EIOs League, Abstract 21. Hams County, Texas and being out of and a part of Lot 15 of the Subdivision of the George Ellis League according to the Map recorded in Volurne 72 at Page 459 of the Deed Records of Harris County, Texas. Said 9.2688 acres being part of the residue of that certain 180.0 acres transferred to Royal D. Burnside, Jr., et al, by Wit recorded in Probate !l191486 and at Film Code 699-93-0548, and called the residue of that certain 120.0 acres conveyed by Royal D. Burnside. Jr., as Independent Executor of the Estate of Genevieve Burnside, Deceased, to Beverly Sansom, et al, by Deeds of record under County Clerk's File W164705, at al, of the Deed Records of Harris County, Texas and including a portion of that certain called 11.87 acres described in Right -of -Way and Easement from Royal D. Burnside, Jr, at ux, to San Jacinto RimAuthortly dated November 26,19M and recorded under County ClarWs File #C330066 of the Deed Records of Harris County, Texas. This 9.2688 aces is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR-1.0000000. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. 00 BEGINNING at a 518 indi iron rod, with cap (Gorrondens), found in the North right-of-way line of M Wallisviile Road (right-of-way width varies) tot the Southeast comer of that certain 6.00 acres (Tract 1) N conveyed by Royal D. Burnside. Jr., at ux, to Terry McDaniel, at ux, by Deed dated October 14, 1993 and M recorded under County Clerk's File #P505805 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Southernmost Southwest comer of said called 11.87 acres and the 01) T— Southernmost Southwest comer and POINT OF BEGINNING of this tract. Said BEGINNING POINT has No a State Plane Coordinate Value of Y=13,868,548.12 and X=3,243,747.09; from which a % Inch iron rod found for the Southwest corner of said 6.00 acres and the Southeast comer of that certain 4.00 acres t1 (tract 2) conveyed to McDaniel in the heretofore mentioned Deed bears South 77'49'21' West 250.29 !Y feet THENCE: North 10'54'14' West along the Southernmost West line of this tract, the Southernmost West line of said called 11.87 acres, the East line or said 6.00 acres and the East line of Highlands Ranch Subdivision as recorded undor Film Codo 0608002 of the Map Records of Harris County, Texas and at 1000.82 feet pass a fence comer for the Northeast corner of said 6.00 saes and the Southeast comer of sold Highlands Ranch Subdivision; in an, a total distance of 1848.16 feet to a 518 inch iron rod found for an interior comer of this tract, the Northeast comer of said Highlands Ranch Subdivision and the BEGINNING POINT of a curve to the left along the Southernmost West One of said called 11.87 acres. Said point has a State Plane Coordinate Value of Y=13.870.362.92 and X=3,243,397.48. THENCE: South 77'55'18' West along the Westemmost South One of this tract and the North line of sold Highlands Ranch Subdivision for a distance of 2305.49 feet to a % inch Iron rod, with cap (BHA), set in the East dght-of-way line of Garth Road (80 feet wide fight -of -way) for the Westemmost Southwest corner of this tract and the Northwest corner of said Highlands Ranch Subdivision. Said point has a State Plane Coordinate Value of Y=13,809,880.49 and X=3,241,143-03; from which a 518 inch iron rod (found) bears South 26'48'03' East 2.75 feet. THENCE: North 10*5358' West Tong the Northernmost West line of this tract and the East right-of-way Fite No.: 18201 f 9446 Exfebd A Legal aewplien Page 4 of a V- 00 O M O N O N '111M d 00 1A co O M 0O O N .1 line of said Garth Road for a distance of 75.02 feet to a Y2 Inch iron rod, with cap (BHA), set for the Northwest comer of this tract, the Westernmost Snuthwest comer of said called 11.87 acres and the Southwest comer of that certain 6.611 acres conveyed by Royal D. Burnside, Jr., et al, to San Jacinto RlverAulhority by Deed dated July 22. 1994 and recorded under County Clerics File #P986695 of the Official Public Records of Real Property of Harris County, Texas. Said point has a State Plane Coordinate Value of Y=13,869,954.17 and X=3,241,128.84; from which a found 5/8 inch iron rod, with cap (Costello), bears South 28'04'22" East 2.67 feet. THENCE: North 77.55'18° East along the North line of this tract, the Westernmost South line of said taped 11.87 acres and at 2214.18 feet pass a A inch iron rod, with cap (BHA), set for the TERMINATION POINT of the heretofore mentioned curve along the Southernmost Wiest One of said called 11.87 acres; in all, a total distance of 2425.55 feet to a'% inch iron rod, with cap (RPLS), found in the East line of said Lot 15, the West One of Lot 14 of said George Ellis League Subdivision, the Southernmost East One of said called 11.87 acres and the West line of that certain 58.5511 acres (Tract 1) surveyed this date, for the Northeast comer of this tract and the Southeast corner of said 6.611 acres. Said point has a State Plane Coordinate Y=13,870,461.70 and X=3,243,500.70. THENCE: South 1 W54'14' East along the East line of this tract, the Southernmost East line of said called 11.87 acres, the East line of said Lot 15, the West line of said Lot 14 and the West line of said 58.5511 acres for a distance of 1923.04 feet to a 518 inch iron rod. with cap (Gorrondanal found in the North right- of-way line of said Walltsville Road for the Southeast corner of this tract, the Southeast comer of said called 11.87 acres and the Southwest comer of said 58.5511 acres. Said point has a State Plane Coordinate Value of Y=13,868,573.39 and X=3,243,864.46. THENCE: South 77"51'08' West along Ste Easternmost South line of this tract, the Easternmost South line of said called 11.87 arras and tho North right-of-way fine of said W Illsville Road for a distance of 120.06 feet to the PLACE OF BEGINNING and containing within these boundaries 9.2888 acres of land, more or less. File No.: '820119445 FxhbkA Legal Demotion Pago 5 at 5 V- O O d� i O N O N V1 7 Exhibit "B" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, the Goose Creek Consolidated School District (the "Owner") owns the property more specifically identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Owner has requested annexation of the Property; and WHEREAS, pursuant to Section 43.0672 of the Texas Local Government Code, the City of Baytown (the "City') and the Owner desire to enter into this Services Agreement (this "Agreement'l in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner (collectively the "Parties") do hereby mutually agree as follows: 1 _ Services to be provided. The Parties agree that upon annexation, the City will provide the following services, which shall be provided at a comparable level to that provided to other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected on the Property as of the date hereof: a. Fire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b. Police. The City, through its Police Department, will provide law enforcement services to the Property. C. Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water, and animal control to the Property. d. Planning and Development. The City, through its Planning and Development Services Department, will provide development and building services to the Property, including code enforcement services. C. Utili The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these services from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However, nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. Services Agreement, Page 1 O O d� O N O N W1 ME 2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. 3. Remedies. Should the City fail to provide the services within the time period specified in Section 1 hereof, the Owner shall give written notice of such failure to the City and provide an opportunity for the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured, the Owner's sole remedy is to seek disannexation. If the property is disannexed, the City shall be relieved of any and all obligations to provide those services specified in Section 1 hereof to the Property. 4. Miscellaneous Provisions. (a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. (b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (c) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (e) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. (g) Venue. Venue for this Agreement shall be in Harris County, Texas. (h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (i) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Services Agreement. Page 2 V- O O d� O N O N (j) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (k) Authority. The Owner covenants that he`she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he:"she represents. Entered into this day of AAV, 2019. OWNER: GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT t (Si allure) _ fe (Printed Name) (Ti e) STATE OF TEXAS § COUNTY OF HARRIS § Before me, &.g4Z QA-ig r/ , the undersigned notary public, on this day personally appeared the. 1werlh./el7de,nof the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHO known to me proved to me on the oath of or _ proved to me through his/her current _ _ {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person } (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this LLday of 106-1A 6e- r- a....... Nota6lPublic, State c f Texas NOEMI GARCIA My Notary 1D # 11497221 Explras March 1, 2023 CITY OF BAYTOWN Services Agreement, Page 3 RICHA D� . A City Manager V- O O d� O N O N ,1 7 ATTES I.E C[A BR ' ,City C Services Agreement, Page 4 It CD O I O N O N c0 40 1!7 N O CM c0 v— O N a Ix EXHIBIT "A" LEGAL DESCRIPTION File Nor 1820119445 7hm 1: FIELD NOTES of a 58A511 we track of land shWeled in the George 65s Leelpm Abstract21, Hems Courtly,Tens and being out of and a part of Lots 14 and 15 of the Subd 4sion ofthe George Eft League acwn9 � tat of that In Volume 72 ana � the es reof D�that � �80.0 acre baoHank �d to Said thesstl saes Royal D. Bunlalda. Jr., rd aL by VVIO recorded In Probate X191486 and at Form Gode6994345486 and caged the residue of that certain 120.0 acres comrayed by Royal D. ode, Jr. as Independent Enm dwof the Estate of Gmtevieve Burnside. Deceased. to Beverly Sensoro. of all. by deeds of record under County Clerlfs F8e SK1647M at ai, of the Deed Records of Herds County. Those. T1his 58.8511 acres Is more particularly described by the 9 metes and bounds, WA* NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE. No 83. ALL DISTANCES ARE ACTUAL. DISTANCES. SCALE FACTOR=1.0000000. REFERENCE IS MADE TO THE PLATOF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 518 inch ban rod. wdh cap (f+rxronrbumt bald In the North dghI4A1 ray One of VYh9 wit Road pightofataty width varlaq for the Southeast owner of that certain 8.00 saes (Tract 1) conveyed by Royal 0. Burnside, Jr., at we to Terry McDaniel, at L% by Good dated October 14,1993 and recorded under County Cleft File 012505805 of the Official Public Records of Real Property of Harris County, Texas. Said point boing the Southernmost Southwest comer of that certain taped 11.87 acres ftightof.Way and Easeman grantW by Royal D. Dumslde, Jr., et ux.Io San Jadato RtmAul m ty by b6Wntent dated November 26.1963 and recorded under County Cbft File MG330066 of the Deed Records of Hants Cohmh Texas and the Southernmost Southwest corner of that cermbh 9.2888 saes (Trail4 surveyed this date. Said COMMENCING POINT has a Stole Piano Coordfnds Value of Y=13AMS48.12 and X=3.243.747.09. from whidh o % hhch bon rod fwW for the SoWhvrest comer of said 0.00 aces and the Southeast comer of that certain 4.00 saes (rod 2) conveyed to McDenfal in the heretofore aheNtoned Deed hears South 77.4W21' West 250.29 (set THENCE: MOM 77'51 VW East along the North rigM-ol-u2y the of said Wallis ire Road. the Easternmost SmO line of said Caged 11.87 acres and the Easternmost South One of said 9.2888 acres for a distance of 120.06 teat to a 518 inch iron ro4 with cap (Gorrondan4 round In the Vftd In of sold Lot 14 and the East tabs of said Lot 15 for the Southeast comer of sold called 11.87 acres, the Southeast comer of said 9.2M acres and the Sw vest comer and POINT OF BEGINNING of tlds tract. Said BEGINNING POINT has a Stale Plane Coordinate Value of Y=13.868.573.39 and X=3.243,864A& ruoNo. Iawile"s EiddMlAlrpah Desabwn Pope 1 ds 00 O M h O N O N N W THENCE: North 10'54.14- Wiest along 1118 VNeat line Of this trail, the Worst rate Of Sold Lot 14. the East One of sald Lot 15. the Southernmost East line of safd called 11.67 sew and the East One of said 9.2688 acres and at 1923.04 Geer pass a N Itch Iron rod, with cap (RPLS), found for the Northeast comer of Wild 9.2688 acres; said point has a State Plane Coordinate Value of Ya73.87%461.7O and X4,243,500.70; at 1M.06 feet (fatted 1036.22 fed) to a ''A Inch roan rod, with cep (RPLSh found for fhe Esslommost Northeast comer of said called 11.87 acres, sold point has a Slate Plane Coordinate Value of Yal3,870.478.32 and Xa3,243.497.60; in all, a loW distance of 1989.97 Yard to a % inch iron rod, with cep (BMA), set for the Northwest caner of fills tract, the Southwest comer of Bloctt 19 of Elena Frul 8 Colon Farms Subdivision as recorded in Volume 7 at Page 46 of the Map Recants of Harris Courdy, Teams and the Southwest comer of that certain called 200 acres (being lob 1. 2 and 3 of sold Block 19) as conveyed by the Estate of Malcolm Brown, Sr., deceased, to the M9leolm Orval Brown. Sr. Famty Trust by Deed dated August 1, 2004 and recorded under County Clerics File OXX964416 of the DOOM Public Records of Real Property of Marrs County, Texas. Said point has a State Plane Coordinate Value of 13.970.527.43 and Xn3.243,488.03. THENCE: North 7r49'56' Past along the North One of this tract, the South line of said Stock 19 and the South In of said caged 200 acres for a distance of 1265.27 feet to a % inch Ion red, with cap (BHA), set for the Northeast comer of this tract Seld point has a State Plane Coordinate Value of Y=13.8170,794.11 and X23.244.724.68. THENCE: South 12'20'S2' East along the East tine of this Iraet and at 60.0 feel pass a % inch iron rod, with cap. set for the Northwest comer of that certain 80 0513 acres conveyed by eavedy Seneca, at at to Grow Creek Consolidated Independent School District by Deed dated November 4. 2003 and recorded under County Clerics File OX170591 of the OWCW Public Records of Real Property of Harris County, Texas and Platted as C. C C.1 S. O New Kvh Schaal under FOrn Code 2827111 of the Plat Records of Harris County. Texas; said point has a Slate Plane Coonansta Value of YQ13.870.745.27 and Xa3 244,735.b7; from which a % Inch Iron rod. with cap (BHA), found In the West dgb 44ey fine of NoX 1Aeln Street for the NoMeast comer of said 60.0613 area bears Nord 77°58W East 135Q01 certain 1.628 feet at� conveyedby0 fed by Beverly Safav% al ss a H Inch iron rod. al, too Cooit cap unty of fora Detention Ease4 set for (he NodheM ment by byy Inebtonara dated February 21. 2012 and recorded under County CkWe File 020120MI94 of the Official Public Records of Real Property of Haft County. Texas; from which a found % Itch Iran rod, w0h cap !tears South 08'2G11' West 0.72 feet In all. a total distance of 1968.20 feet to a %Inch Iron rod, with rap (BHA), set In the North righW►.way Ilse of said Wallisvdte Road for the Southeast comer of ft tract, the Southeast comer of said Detention Easement Tres and the Southwest comer of said 60.0513 acres. Sold point has a State Plane Coordauhte Value of Y=13.868.971.44 and Xa3,246,146.77. THENCE South 77.4e%r Y" ailing the Easternmost South One of Of beet the Easternmost south One of seld Detenton Easement Tract and the North dght-of-way One of sold Wellsville Road for a COMM of43.32 feet to a % inch iron rod: with cap (BHA), set for an erdedor comer of this tract and an exterior comer of self Detention Easement Tract, in the East tine of Chet certain 0.1288 of an are tract of lad conveyed by Beverly Sensomk et al, to Comm Site Towers, Inc, by Deed dated October 31. 2001 and recorded under County Clerics hde #V411,197 of the Official Public Records of Real Property of Naffs County. Tom. THENCE: Nord W1018' Wtst along an Iuorior tine of this tract. en Interior One of said Detention Easement Tract and ilia East fine of sold 0.1288 of an acre for a distance of 66-12 feet to a 6M Inch Iron File ffa: 1020119"S E1hndA legal DeaaW= Page 2 of S V- OD O M r O N O N O N ry rod found for an interior corner of Ihea Iract an bhiedw corner of said Detention Easement Trect and the Northeast comer of said 0.1288 of an sere. THENCE South 7715T6T Walt along an Interior One of this tract an Interior ON of add Detention Easomont Tract and the Nwth fine of said 0.1288 of an arse for a distance of 75.00 feet to a A Inch ban red. with cap (SHA), found for an Interior Corner of this tract, an Interior comer of Said Detention Easement Tract and the Northwest corner of sold 0.1268 of an acre. THENCE: South 16410'18' East along an interior lire of this tract, an Irdertar One of said Delendon Easement Trod and the Wrest line of sold 0.1208 of an we row a distance of 58.34 feet to a % Inch bon rod Dotard In Ole North rtgh4 may arts of said 111tdaWAID Road for the Northeast comarof a 0.232 of an acre bad conveyed by Beverly Sensont et at to Cow* of Harris for Easement for Road and thctaage by Instrument dated Fehruery 20 and 21. 2012 and recorded order County Clerks Rle 0201200MOS of Ore Official Public Records of Real Properly of Harris County. Texas. Said Point bdog an exterior miner of Oda (red and an exterior comer of said Detention Easement Trod THENCE. South 77°46'61' Walt along the Wreslemmost South lime of this tract, the Westernmost South In of said Detention Easement Treq, the North One or said 0232 of an acre and the North tight-okW one of said Wbaisv9te Road lot a distance of 18.48 feet to a A inch bon rod, with cap (ESORf, found for the BEGINNING POINT Ole curve to the left, concave Southerly. THENCE: Along and around said curve to the felt In a Waslaly dtredkM along the Westernmost South line of Ohta tract, the Wastemmost South line of said Detention Easement Tract, the North lice of aald 0232 of an acre and the North dght-cf-way line of sold WeIll"a Road, sold curve having a radius of 2000.00 lee% a central ar#e of W4.'.11' and a chord bearing and distance of South 760204' Whet 166.09 feet, and at an arc boo of 66.11 feet pose a K Inch bah rod. welh cap (BHA). hint for the Southwest oww of said Detention Easement Track in a0, a total arc bap of 166.11 feet to a tin Inch non nod. QI h cap (ESOR), found for the TERMINATION POINT of said curve. PAGE 4 — 50.6511 ACRES, TRACT 1. THENCE South 73101'11' West along the Westemnroat South Ono of this tract the North One of Said 0232 clan acre and the Koo dghly" One of said Mtaawi a Road for a distance Of 228.47 feet to a % Inch Iron rod, with rap (13". set nor 9% REGINNING POINT Of a crave to the right, concave NloNrery. Said Point has a State Plane Coordinate Value of Ya/3,808,743.64 and Xa3.244,830.08. THENCE: Along and around said curve to the right In a Westerly dkeeLkm% along tee Wgstanmast South the of Oft tract the North line ul said 0.232 of an we and the North right -away be of said YYal wit Road, said curve leaving a radius of 1200.00 feet, a central angle of 04.46'40' and a chord bearing and distance of South 76R24'01' West 99.69 feet for en arc length of 99.72 feet to a A Inch Iron rod, with cup (ESOR), found for Dee TERMINATION POINT of said save and the Westernmost comer of sold 0.232 of an acre. Sold point has a Slate Plane Coadinale Value of Ya13,e6B,718.41 and X=3A44.633.61. THENCE: South 7714WIF West along Ore Wastemmod South Pose of this tract and the North dgbtot MY One of said Wd t WIC Road for a distance of 684.68 feet to the PLACE OF SEGINNBNG and oadaintng whin these Imundaries 59.8911 saes of lard. more or less. Tract 2: Fib Nb.: 10011244S Euao4ALK*10netF w Pasty 3 a16 CD O M h O N O N FIELD NOTES of a 9.2688 acre tract of land shbrated In the George Sk League, Abstract 21. Harris County, Texas and being out of and a part of Lot 15 of the Subdivislon of the George Ellis League according lathe Map recorded In Volume 72 at Page 469 of the Deed Rscads of Harris County, Texas. Said 92888 saes being part of the residue of that certain 160.0 acres tranderred to Royal D. Bumelde. Jr.. at at by VA recorded In Probate 0191486 and at Film Code 6na"548, and called the residue of that certain 120.0 acres conveyed by Royal D. Burnside, Jc, as Independent Executor of the Estate of Genevieve Bumsde, Deceased, to Beverly Sensom, et at by Deeds of record under County Cleft File SK164706, at aL of the Deed Records of Herds County, Texas and Including a portion of that certain called 11.87 acres described In Right -of -Way and Easement from Royal a Burnside. Jr.. et ux, to San Jacinto RiuerAuthwity dated November 26.1963 and recorded under County Claft File 0C330066 of the Deed Records of Harris Corny. Texas. This 9.2688 acres is more pertwlaty descr%W by the following mates and boumdS,104NIt NOTE: BEARINGSARE LAMBERT GRID SWINGS AND ALL COORDINATES REFER TOTHE TEXAS STATE PLANE COOROINATE SYSTEM. SOUTH CENTRAL ZONE, NAO 83. ALL DISTANCES AREACTUAL DISTANCES. SCALE FACTOR =1.00W000. REFERENCE IS MADE TO THE PLATOF EVEN DATE ACCOMPANYING THIS METESAND BOUNDS DESCRIPTION. 40 al BEGINNING at a 518 Inch iron rod, with p (Gorrondens), round In the North dl;M-cf way we of An 4h Wall evdle Road (right-ofAvey width varies) for the Southeast comer of that certain 6.00 acres (Tract 1) �N conveyed by Royal 0. Sumside. Jr., el ux, to Terry McDaniel, at ux, by Deed dated October 14,1993 and recorded under County CteWs Fite SP505805 of the Official Public Records of Real Properly of Harris County. Texas. Said point being the Southernmost Southwest comer creed caged 11.67 saes and the r Southernmost Southwest corner and POINT OF BEGINNING of Oda Imot. Said BEGINNING POINT has N a State Plane Coordinate Value of Yo 13,868,548.12 end X=3.243,747.09; bon which a % inch Iron rod found forthe Southwest corner of said 6.00 acres and the Southeast comeref that certain 4.00 saes CL CL (tract 2) conveyed to McDaniel to the heretofore mentioned Deed boars South 7r49`21' VNetd 250.20 feet. THENCE Nod 10*W14' %%W along the Southornnhod West one of this bsct, the Southernmost Went the of ad called 11.87 acres. the East ripe or said 8.00 acres and the East line of Highlands Ranch Subdivision se retWed under Fdm Codo #608002 of the Mop R000rdo of Hon County, Taxes end at 1000.82 Not pass a (moo comer for the Northeast tamer of seal 6.00 saes and Ore Southeast comer of sold Hlghlands Ranch Subdivision; In al. a total distance of 1848.16 feel to a 616 Inch torn had found for an Interior comer of this track The Northeast comer of said Highlands Ranch Subdivision and the BEGINNING POINT of a curve to the tell along the Southernmost West fine of said caged 11.87 acres. Said pod has a State Plane Coonftste VOA of Y=13.870.362.92 and Xu3.243,387.48. THENCE: South 77'SS1 S' West along the Westemmost South One of this tract and the North line of seld Highlands Ranch Subdivision for a distance of 2306.49 feet to a % inch iron red. with cap (BHA). set In the East ftht-ck ay line of Garth Road 160 feel wide righwl-way) for On Vfasternmost Southwest comer of this tract and the Northwest comer creed Highlnds Ranch Subdivision. Send poi t has a State plane Coordinate Value of Ya73.809,880.49 and X=3.241.143.03; from which a 518 inch Iran rod (&mmd) bears South 26.48W Fast 2.76 feet THENCE: Nord 10.53W Wiest along the Norilhernmost West fine of this trap and the East right a .way Ab me.: 1820119446 Edea^L80008woren Patio 4 ofs V- O O M O N O N '111M 7 00 O N IL a: Uns, of said Gerlh Road for a distance of 75.02 teat to a A inch iron rod, with cap (BHA), set for the Northwest coma of this tract, the Weamrnn ost Southwest comer of said caged 11.87 saes and the Southwest comer of that certain 6.611 acres conveyed by Royal D. Burnside, Jc, at of. to San Jaclnb RkerAafhodty by Deed dated Jury 22.1994 and feeorded under County CWKs File NPUM of the Oftlel Publo Rerwtda of Root Property of Hama County, Texes. Said point has a State Plane Coordinate Value of Y=136889.954.17 and X=3.241.128.84; from which a found 518 inch iron rod, with cap (Coslelio� hears South 28.04W East 2.67 feel. THENCE: North 77'S5k18' East along the North line of this track the Wastemmost South Ina of eatd caged 11.87 acres and st 2214.18 Wpm a I4 inch unn rod, with cep (BHA), set for the TERMINATION POINT of the heretofore mendaned curve along Ure Sordhenmmosl West ice of said caned 11.87 acre; in all, a total distance of 2425.55 fed to a %inch don cod, with cap (RPLS), bind to the East ane of said Lot 15. the West Ina of Lot 14 of said George 899 League SubtlMsion, the Southemmost East One of said caged 11.87 apes and the Met be of that certain 58.5511 acres (Tract 1) surAWed this date forthe Northeast coma of this heel and the Southeast comer of said 6.611 acres. Said point has a State Plene Coordinate Y=13.870,461.70 and X=3,243.500.70. THENCE: South 10.5W14' East along the East We of this trap, the Soulhemmosl East One of said edW 11.87 acres, the East line of said Lot 15. the West Orte of said Lot 14 and the VYlast Ow of said 58.5511 acres for a dMwm o/ 1923.04 feet to a 518 inch don rod. with cep (Gorrondane), found in the Mob right - of -my One of said Wagisvide Road for the Southeast comer of ids tract, the Southeast comer of sell caged 11.07 acres and the Souttrwast caner of said 58.5511 saes. Said pods has a State Mane Coordlru to Value of Y=13,888,573.39 and X=3,243.864.48. THENCE: Sohdh 77.51'011' West along the Eestemmo5t South fine of this tree. the Easternmost South Ina of said called 11.87 saes and tho North tight -of -way be of said Wsi NX9 Road for a distance of 120.06 feet b the PLACE OF BEGINNING and containing within these boundaries 92588 acres of tend, MOM or lose. we roe: 1.e2011e44s GAMAL"d0..e4son pans s ats V- O O M O N O N RP-2020-119084 # Pages 17 03/16/2020 12:59 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN 10161612119WMAIADo 7111 Fees $76.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. 00 y �� a� COUNTY CLERK ��J ;,_ 5�' HARRIS COUNTY, TEXAS