Ordinance No. 14,344ORDINANCE NO. 14,344
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 4.86 ACRES, LOCATED
APPROXIMATELY 285 FEET WEST OF WEST ROAD AND 670 FEET NORTH OF
WEST CEDAR BAYOU LYNCHBLJRG ROAD AND SITUATED IN THE ED. T.
SCHAFFER (W.C. & R.R.) SURVEY, ABSTRACT NO. 1224, HARRIS COUNTY,
TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
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WIIEREAS, 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 131h day of February, 2020, and the 121h day of March, 2020, 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 7th day of
February, 2020, and on the 27th day of February, 2020; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 27th day of October, 2019; and
WI IEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board on the 30th day of January, 2020, and on the 25th day of February, 2020; 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
WIIEREAS, the total corporate area of the City of Baytown, Texas, on the 1" 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 limits 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
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 of tive vote of the City Council of the City of
Baytown this the 131h day of March, 2020. -
BRANDON CAPETILLO, or
ATTEST: .�
j I I VY uk-.l--
LE CIA B YSCH, City
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C Attorney
INTRODUCED, READ and PASSED on the SECOND AND FIN L READ this the 9`' day
of April, 2020.
BRANDON CAPETILLO, Mayo
A ST:
LETI A BRYSCH, Cit erk 1
/.may o°7° o•° O�
eo C�
APPROVED AS TO FORM: O o
"n
°
0
JNAWCIO-::orneY Y RAMIREZ, SR., At
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cobfs0l\legal�Karen Files'.City Council Ordinances\2020\April %Annexationof4.86Acres.doc
1! I T" A"
PARCEL l
PMM NOTES of a 4.855 sere mitigation area and pond and two 10 font wide drainage otdl'aQ
enuments d uamd M the Ed. T. Sdoft (W.C. dt R.R.) Stuvey. Mwact Na 1224, Antis ..
Coaaty, Teak 4 being oat of and a pert of Lot 11 and Block 21 of Higbb ad Yanns Adgftn as r
par plat reeoadcd is Volume 7 at page 60 and 61 of the Map Awards of Ha zda Coantp, Tares,
elan belt out *fad apart of Lots 14 thtongit 26 of Bloc k 7 of the Fast Bnd Addition to
8igitltand FauQas an pa plat in Voltane 15 at.pw 60 of to Map Rwanda of Buds
Gbuotys Texas, end b ft out of and a pad of a i9.; 919 aexe tract oflaad couvwpd to Jemea W.
pustabton by lohon a Fautoa. ct. ox by deed dated JW 31,1969 and recorded in Volnrrte 772t '
at page 1d4 of the Deed Records ofHaab Cvmty, Teaks. This 4.855 aura tract of lead and the
ceotaliaan of the two 10 foot aide drainage oatfall casements we mom partiottlmdy deadbad.by
melee earl bounds as follows. wwit:
NOTE- ALL BEARINGS ARB BASED ON A 1 AND K INCH ]RON PIPE FOUND FOR TM
NORTHEAST CORNER OF SAM 63.1918 ACRE TRACT AND A A INCR IRM PIPE
FOUNA FOR TIM MOST EAMIRLY SOUMAST COMER OF SAID 63.1918 ACRE
TRACT. SAID FOUND CORNIIRS OF THE 63.1918 ACRE TRACT ARE IN TI1B WEST
RXMT OF WAY LINE OF WEST ROAD.
4.9554 ACRE UMCIA77ON AREA AND POND
CONIIVSffiJONG at a 1 and Vs Inch iron ptpe found for the Ncrft st corner of mid 63.) 918 ears
recast of land at the intersection of the South right of way Hat of SOUTH ?toad, 60 mot tight of
waxy, and the Nest right of way line of %BEST Road. 60 fbot right of way.
THENCE South 09 deg. 55 min. SS sax Best with the East Wu ofasid 63.1918 acre tract and Ors
Weal tight of way fiat of WEST Road a dime of 1548.62 fed.to a pout.
'333 WCE South 80 dog. 04 min. 0S sex. West peapandkdar to the Eat rune ofaaid 6&1918 sm
tract and the West right of way be of WRST Road a distanne of Z48-% feat to a point fbr the.
South comer of flu 4.855 acre tract of lead acd *a POINT OF 11HOR IN0. From this coma
Ste VLACS OF COMIvR MWO hears Notch 00 deg. 48 min. 48 nod. West a distance of 1568.44
that. —
TAENCF North 36 dog. 23 trim. 4S sac. West with the Southwest liaa o; this tract a ditteace of
101533 red to a point for the Ncrthwesf comer of this tract
ZxMCB North 81 dog. 05 mftt. 43 sac. Fast with die North line offhis tred a diatahae of 470.00
thd to a point of the NoAcast earner of this traot
THBNC E South 08 deg. 54 min. 17 am East with the East line of this tract a distance of 900.00
fed to the PLACE OF BEGROM0, containing witbin said botudazies 4.85S sores of land.
PARCEL 2
COMMMO st tba SoA caner of acid 4.85S acne mitigation area and pond trsct. From Us
cmaer du Nosthaat comer of said 8.1918 are tract bean Nortb 00 dog. 48 mie. 48 see. Went a J
disunm of 1568.44 feat I
7l3 WCB Nmih 36 deg. 28 min. 45 sac. Weal vA the Sova4west line of said 4.8SS are tract a
diataaca of 30.00 Rat to a paid in the centerline oftbis 10 foot wide drainage owW tasonsm
WA POINT OFHBGB*4=.
TMWC,B Soutb 09 dog, 59 min. 00 sec. Bast with the wee off.* ca tmwt a distmea of
66.45 feet to a point for a coma of this sasemaa.
T IMNCE Son& S4 deg. 59 min. W soo. East wM the cmaerEw of this easement a disfaaae of
18A0 fat to a point for a owner of lids connect -
7MCB North 80 dog. 01 min. 60 sac. Bast with the cmtaiine of die easement a dittsmas of
249.17 feet to flee TBRA1MM POWP oftbit 10 hot wide i -ae CUM eaterneat; err the Past
line of said 63.1918 auto tract and in flea Wwt right otaaY Hm af' WS8T Road Fra® this
TBRMDM POW the NwIteast comer oteaid 63.1918 a= tract bcus Nortb 09 deg. 35 anal.
55 sac. West a dWwco of 1600.73 feat, '
FILE® FOR RECORD
8:00 AM
MAY 17 2012
C,ou* Clark. liarris county. Tom
Exhibit "B"
Services Agreement
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, JLC West Road, LLC, a Michigan limited liability company (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 Property was subject to a development agreement, which allows the area to remain
outside the City limits under certain terms and conditions; and
WHEREAS, such agreement has expired and such expiration serves as a petition for voluntary
annexation of the Property; and
WHEREAS, pursuant to Section 43.0672 ofthe Texas Local Government Code, the City of Baytown
(the "City") and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern
the provision of service to the Property upon annexation;
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:
I . 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. Free. 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
cite Property.
C. alth. The City, through its Health Department, will provide services pertaining to
environmental health, neighborhood protection, storm water, and animal control to the
Property.
d. Plannin¢ and Development. The City, through its Planning and Development Services
Department, will provide development and building services to the Property, including
code enforcement services.
e. ili . 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 l
Tenn. 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.
Remedies. Should the City fail to provide the services within the time period specified in Section I
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 l hereof to the Property.
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 remainderof 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) Counter2arts, This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
(i) Com le�greement. 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
0) ,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 Ja day of Q11 2020.
OWNER: JLC WEST ROA , LL
(Signature)
�OO'
(Printed Name)
r �
STATE OF-TEX (Title)
COUNTY OF! -I•,4RRISMK4[tl•t1§
Cjt ViS ,the undersigned notary public, on this day personally
Before me, W&VC J}
appeared Ay C Coe k< _, the Ott +K44, -of JLC West Road, LLC,
.� 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 klVldAta
��, 2020.
LUSTENIA DAVIS
NOTARY ��� Public, State of Texas fV1ichiq�yr)
COIJNW OF MY CAlridllssslott E,#=10, 2MS
ohftcaws►a. as QW-
ATT
L TICIA BRYSCH, City - erk
\1COBFSOIILephKnren\rileWontractslvoluntary
Services Agreement. Page 3
CITY OF BAYTOWN
- R CLIA001
RICHAItD L. A ,City Manager
RoaMervices Agreemcnt - West.doc
1�rP" A't
PARCEL 1
FIELD NOTES of a 4Z5 ars mitigation area and pond and two 10 foot wide dtaiuege otrtRlI
aalestals duLded in the FA T. Scba ft (W.G dt R.B.) &n vcy, Abstract Na 1224, Rods..
Canary, Taxes, being oat of and a part of Lot 1 l cad DIM& 21 of Biigbland Penns Addition as r
per plat recaa od in Volume 7 at put 60 and 61 of tote Map Records of Barrie Connty, Twaq,
also b ft out of andapat o[Lots 14 thtoogb 26 of8loek 7 of the Fast Had Addition to
gad Fauns as per plat vocosded in Vohhms 15 atpago 60 of the Map Records ofHsuis
t;ouety, Taxes, end beat out of and a pact ofaffi.i 91 it sae tract ofland couvsyed to I ma w.
Qusta6eorh by 14a 8 Fenton, a ox, by dead datod JWy 31,1969 and recorded is Volfim 7721
at page 144 of the Deed 1Lecortls of Harris County, Texas. This 4.855 sorb treat of land ad dw
cmhtetiiaea of the two 10 foot wide dr kmp out&H comments on more partioulady deadbedby
metes and bounds as follows. to -wit
NOTE: ALL BEARINGS ARB BASED ON A 1 AND .3INCH IRON PIPE FOUND FOR nM *
NORTHEAST CORNER OF SAID 63.193 8 ACRE TRACT AND A A INCK JUN PIPE
FOUND FOR TBE MOST EASTERLY SOU MAST COPAR OF SAID 63.193 2 ACRE
TRACT. SAID FOUND CORNERS OF THE 63.1918 AM TRACT ARE IN TES WEST
RIORT OF WAY LINE OF WEST ROAD.
4.9554 ACRE b0MGAT7ON AREA AND POND
COMMENCING at a 1 and y. lam iron pie found far dw Northeast oorrirrr of said 63.1918 Bare
tract of laud at the intersection of the South riji6t of way line of BOUT H Road, 60 hot tight of
way, and the West tight of way line of WEST Road. 60 (hot right ofway.
THENCE South 09 deg. 55 mto. SS sea. East with the East line of ssid 63.1918 acre heat and the
Weal tigl►t of way tine of WEST Road a d dmaae of 1548.62 het to a point.
1 WCE South 80 dog. 04 men. 0S sec. West patpendioalor to the East tine ofsaid 63.1918 are
tract and the bleat right of way be of WEST Road a distiane of 248.S6 fed to a point for da
Soudr coma of the 4.8SS acre tract of land and the POINT OF HBUINkM0. From this coma
bo TLA+CB OF COMMENCING gears North 00 dog, 48 min. 48 rem Want a distance of 1S68.44
hal.
TAFNCE North 36 deg 22 min. 4S sac. West with the Southwest lino o; his tract a dittamm of
1015.33 fed to a point for the Nottbwest corner of this tract
TO NCE North 81 deg. 05 mfn. 43 sac. Eaa with die North Bore of iliis tract a diatom of 470.00
t>:et to a poitrt of the Northeast oilmer of this tract
TSouth 08 deg S4 min. I ace. Fast with the East lice of this tract a dbtanee of 900.00
fed to the PLACE OF SEORM0, containing within said boundazies 4.8SS seam of land.
4
X
PARCEL 2
COMM CM at the SoA comer of Wd 4.855 awe mitigado» am and pond tract. Atom llth
comer the Nmthcast coaur of sdd 63.1918 arse tract bean Nortb 00 deg. 48 min. 48 see. Weal a I
disUwA of 1568.44 feat.
MINCE Nosth 36 deg. 28 min. 45 sac. Wcat wit the Southwest line of said 4.8SS um tract a
didanco of 30.00 lbat to a ppaaint is the oeaterllno of6h 10 foot wido drainage ouVW easamaat
and POINT OF REGnolam.
T'MWC2 3outb 09 deg. 59 min. 00 sea Baal with the a offAs cuumt a diasem;a of
66.45 fen to a point Ar a oomes of tbia oaum=L
T WWCE Son& S4 dog. 59 min. 00 sm East wM the cenw iae of this asaemeae a didaam of
18.00 fed to a POW for a am= of dais easrmeat -
71113NCB Notrih 80 dog. 01 whi. d0 sec. Bastwith the caft dine of die easement a didance of
249.17 foot to the TBithlmim Pow oitl h 10 ibot wide UWM 8"=Cn% at Ste Pact
lino of sold 63.1918 am tted and in dm wort tigtrt of way 1iae� Road Frown this
TX MIIJUS POWr the Northeast corset GfUN 63.1919 acts treat bcm a Nm% 09 deg. 35 mim
SS sec. West a disteaoo of 1600.73 Sat. '
FILED FOR RECORD
$100 AM
MAY 17 2012
courtly elerh. Hattie County.'11►xes