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Ordinance No. 9,509Published in the Baytown Sun on Wednesday, February 19, 2003 ORDINANCE NO. 9509 and Thursday, February 20, 2003 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 28.535 ACRE TRACT LOCATED WEST OF BARKULOO ROAD AND NORTH OF BRIARCREEK SUBDIVISION AND BEING OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN, HARRIS COUNTY, TEXAS, 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 the 13`f' day of February, 2003. , ANDERSON, Mayor Pro Tern A ' GAV . W. SMITH, City Clerk APP OVED AS TO FORM: 464ACIO RAMIREZ, S ity Attorney F:Ueanene\My Documents\ Council\ 02 -03\ February\ Add28AcresThomsontoCouncilDistrict4 .doc k STATE OF TEXAS) COUNTY OF HARRIS) • FIELD NOTES of a 28.535 acre tract of land situated in the J. W. Singleton Survey, Abstract'709, Harris County, Texas, out of that certain called 51.88768 acre Second Tract conveyed by Ronald Sommers, Trustee, to Richard J. Thomson, Trustee, by Deed dated April 14, 1994 and recorded in County CIerk's File No. P824768 of the Official Public Records of Real Property of Harris County, Texas. This 28.535 acres is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN TBE SOUTH LINE OF SAID CALLED 51.88768 ACRES. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS ME'T'ES AND BOUNDS DESCRIPTION. BEGINNING at a 1 inch iron rod found in the West right -of -way line of Barkaloo Road (60 feet wide right -of -way) at the Northeast corner of that certain 17.382 acres (Parcel No. 4) described in Deed dated October 25, 1989 from C. J. Bailey, Jr. to Charles E. Roos Trust and recorded in County Cl'erk's File No. M383263 of the Official Public Records of Real Property of Harris the Southeast' corner of said called 51.88768 acres and the Southeast comer do POINT OF BEGINNING of said tract herein described. THENCE: South 77 deg. 27 min. 53 sec. West along the South line of said tract herein described, the South fine of said called 51.88768 acres, and the North line of said 17.382 acres fora distance of 1670.98 feet to a %1 inch iron rod, with cap, set forthe Southeast comer c f that certain called 5.009 acre tract of land awarded to Harris County Flood Control District in Cause N_ o. 381,628, dated October 30, 1980, styled Harris County Flood Control District vs. Richard J. H recorded in County Clerk's File No. L446592 of the Official Public RecRecords of Real Protperriy of Harris County, Texas, the Northwest comer of said 17.382 acres, the Northeast comer of that certain 130 feet wide drainage ditch conveyed to Harris County Flood Control District and recorded in County Clerk's File No. G387220 ofthe Official Public Records of Real Property of Harris County, Texas, -and the Southwest comer of said tract herein described; from which a % inch iron rod found for the Southwest comer of said called 5.009 acres, the Northwest-comer of said 130 feet wide drainage ditch and the Northeast comer ofthat certain 7.9891 acre tract conveyed by Exxon Baytown Credit Union to Venture 2000 by Deed dated April 23, 1993 and recorded in County Clerk's File No. P204525 of the Official Public Records ofReal Property of Harris County, Texas, and the Southeast comer of that certain 19.879 acre tract surveyed this date bears South 77 deg. 27 min. 531sec. West 140.87 feet THENCE: North 10 deg. 07 min. 48 sec. East along the West line of said tract herein described and the East line of said called 5.009 acres for a distance of 1034.19 feet to a %2 inch iron rod, with cap, set for an angle point in said line. PAGE 2 - 28.535 ACRES. THENCE: North 02 deg. 34 min. 47 sec. East along the West line of said tract herein described and the East line of said called 5.009 acres for a distance of 40.41 feet to a %s inch iron rod, with cap, set in the South line of that certain called 18.8738 acre First Tract described in Deed dated April 14,. 1994 from Ronald Sommers, Trustee, to Richard J. Thomson, Trustee, recorded in County Clerk's File No. P824768 of the Official Public.Records of Real Property of Harris County, Texas, and the North line of said called 51.88768 acres for the Northwest corner of said tract herein described and the Southwest comer of that certain 17.110 acre tract surveyed this date; from whieh.a 3/4 inch iron rod found for the Southwest corner of said called 18.8738 acres and the Northeast comer of that certain 19.879 acre tract surveyed this date bears South 76 deg. 37 min. 48 sec. West a distance of 132.05 feet. THENCE: North 76 deg. 37 min. 48 sec. East along the Westernmost North line of said tract herein described, the South line of said 17.110 acres surveyed this date, the South line of said called 18.8738 acres. and the. North line of said called 51:88768 acres for a distance of 788.14 feet to a sucker rod found inside a 1 -1/2 inch galvanized iron pipe for an angle.point in the South line of said 17.110 acres surveyed this date and the South line of said called 18.873 8 acres, for the Northernmost Northeast corner of said called 51.88768 acre, the. Northemmost Northeast corner of said tract herein described and the Northwest comer of that certain 1..00 acre tract of land conveyed by Frances Rooney Jones, ej al, to Norma Vasqiiez Hines by Deed dated November 14, 1994-and recorded in County. Clerk's File No. R156465 ofthe Official Public Records of Real Property of Hams County, Texas. THENCE: South 13 deg. 07 min. 21 sec. East along the Northernmost East line of said tract herein described, the Northernmost East line of said called 51.88768 acres, the West line of said 1.00 acres, the West line of that certain 1.07 acre tract conveyed by Frances R. Jones, et al, to Miller. L. Casey by Deed dated October 31, 1997 and recorded in County Clerk's File No. S727033 of the Official Public Records ofReal Property of Harris County, Texas, and the West line of residue of that certain 5.00 acre tract described in Partition Deed between Frances Rooney, et al, dated December 16, 1976 and recorded in County Clerk's File No. E987097 of the Official Public Records of-Real Property of Harris County, Texas, and at 93.86 feet pass, a -%' inch iron rod found 0.78 feet Fast of said line; at 193.97 feet pass a % inch iron rod found 0.51 feet East of said line, in all, a total distance of 467.20 feet to a 1 -1/2 inch galvanized iron .pipe found for an interior comer of said tract herein described, an interior comer of said called 51.88768 - acres, and the Southwest corner of said residue of said 5.00 acres; from which a sucker rod (found) bears South 66 deg. 00 min. 43 sec. West a distance of 0.17 feet. THENCE: North 76 deg. 42 min. 02 sec. East along the EastemmostNorth line of said tract herein described, the Easternmost North line ofsaid called 51.88768 acres and the South line of said residue of said 5.00 acres fora distance of466.90 feet to a 1 -1/2 inch galvanized iron pipe found in'the West right -of -way line of Barkaloo Road for the Easternmost Northeast comer of this tract, the • Easternmost Northeast corner of said called 51.88768 acres and the Southeast comer-of said residue of said J.00 acres. • PAGE 3 - 28.53 5 ACRES. THENCE: South 13 deg. 08 min. 36 sec. East along the Southernmost East line of said tract herein described, the Southernmost East line of said called 51.88768 acres and the Nest right -of -way line Of said Barkaloo Road for a distance of 544.69 feet to the PLACE OF BEGINNING and containing within these boundaries 28.535 acres of land. Surveyed: September of 1999. SURVEYOR' S CERTIFICATE I, Roy Lynn Fisher, Registered Professional Land Surveyor No. 5068, do hereby certify that the foregoing field notes were prepared from an actual survey made by me, on the ground, in September of 1999, and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Liberty, Texas, this the 28th day of September, A.D., 1999. Registered Professional Land Surveyor ZE.•• I OF F No. 5068 99 ,2504E I I I i ..���._,.._... --- _`. -'_��� ,._r�• � ^_.... —r—_ ^+ 5050.7 —rte +• ..... «._. ..i (� ► y! ' r f 1pOS'�S`t q{ v, rECI .l s h V14 1 0 r < _a g k 1 M N L/''� , i Md yyw 7 A.Ct,►t.80 1 i"• M SC ~ •_ a'�T��nll �x '7Y L of t1 or R.Ij 10 . R � ►MM33 � � �� :. j1 �� GdN fc co it 1 '3a si�►•w .•i�V