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Ordinance No. 9,570Published in Baytown Sun on Friday, June 20, 2003 ORDINANCE NO. 9570 and Saturday, June 21, 2003. AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF BAYTOWN, TEXAS, ADDING A 13.15 ACRE TRACT OF LAND LOCATED WEST OF AND ADJACENT TO NORTH MAJN STREET AND NORTH OF THE REPUBLIC OF TEXAS PLAZA, IN THE H.F. GILLETTE SURVEY, 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 vote of the City Council of the City of Baytown this the 12th day of June, 2003. C'.ge PETE C. ALFARO, M or ATTEST: G /i GARY W. SMITH, City Clerk APPROVED AS TO FORM: • ACIO RAMIREZ, SR., Ci ttorney F:Ueanene \My Documents \Council \02- 03Uune\Add 13AcresBCAannexation2CouncilDistrict4 .doc ® BAYTOWN CHRISTIAN ACADEMY, INC. Legal Description Being 26.670 acres out of a called 42.680 acre tract conveyed unto Otto Gerbes and wife Clara W. Gerbes by B. A. Stewart and Eula Stewart as evidenced by deed recorded in Volume 2304 Page 194 of the deed records of Harris County, Texas. Said Tract being in the H. F Gillette Survey and being further described by metes and bounds as follows: Beginning at the northwest comer of said 42.680 acre tract said corner being located called S 9° 30' 00" E 1,173.0 feet and N 80° 53' 00" 32.0 feet from the northwest corner of the H. F. Gillette Survey. Said beginning point being located in the east line of Lot 18, Block 6 of East End Addition, Highlands Farms, an addition as recorded in Volume 15, Page 60 of the Map Records of Harris County, Texas, and being the northwest corner of the herein described tract. Thence N 80° 53' 00" E along the north line of said 42.680 acre tract, and the north line of the herein described tract; at 191.17 feet pass the southeast corner of a called 3.0 acre tract conveyed to David W. Tigert and Belinda Gay Tigert by deed recorded under County Clerks File Number P466727 and a 5/8 inch iron rod with cap found bearing S 80 053' 00" W 2.47 feet; at 397.24 feet past the southeast comer of a called 5.39 acre tract conveyed unto Garry A. and Kathy L. Nelson by deed recorded in County Clerks File Number N541884; at 580.44 feet past the southeast comer a called 5.39 acre tract conveyed unto Linda Lorraine Putman by deed recorded under County Clerk's File Number P904233 and a old 3/8 inch iron rod found bearing S 10° 18' 46" E 2.60 feet; at 763.64 feet past the southeast corner of a 4.793 acre tract of land conveyed unto Edward R. and Beth Ann Birdwell by deed recorded under County Clerks File Number N553940; at 954.81 feet pass the southeast corner of a 5.0 acre tract of land conveyed unto E. P. Anders, Jr. and Dorothy N. Anders by deed recorded in Volume 4873, Page 279 of the Hams County Deed Records and a 3/8 inch iron rod found bearing S 28° 52' 44" E 0.67 feet; at 1,145.98 feet pass the southeast comer of a 5.0 acre tract conveyed unto Steven K Ackerman by deed recorded under County Clerks File Number U059497 and a old 3/8" iron rod found bearing N 80° 53' 00" E 0.25 feet; a total distance in all of 1,425.38 feet to the west right of way line of North Main Street (right of way is equal to 100 feet) and the northeast corner of the herein described tract and the southeast corner of a called 7.3962 acre tract conveyed unto first Christian Church, Baytown Texas by deed recorded under County Clerks File Number L907493. Thence S 00° 51' 08" W severing the said 42.68 acre tract, and along the west right of way line of North Main Street as described in right of way deed recorded under County Clerks File Number H609108, of the Official Records of Real Property of Harris County, Texas 875.90 feet to the southeast comer of the herein described tract and a set 5/8 inch iron rod with plastic cap stamped "G. W. Hans 1748 ". Said comer being located in the . north line of a 45 -foot right of way conveyed unto Harris County by Otto Gerbes and Clara W. Gerbes, as evidenced by deed recorded under County Clerks File Number H609107 of the Official Records of Real Property of Harris County, Texas. X11 I: ® Thence S 80° 30' 00" W parallel to and 90 feet north of the south line of the said 42.680 acre tract and with the north line of said 45 -foot right of way 1,267.98 feet to the southwest corner of the herein described tract and a set 5/8 inch iron rod with plastic cap stamped "G. W. Hans 1748" located in the west line of the said 42.680 acre tract and in the east line of Lot 7 Block 21 of Highland Farms Subdivision. Thence N 9° 30' 00" W along the east line of Blocks 6 and 9 of said East End Addition, and the west line of said 42.680 acre tract 862.70 feet to the northeast corner of the herein described tract, a found V2" iron rod with cap stamped "F.G. Huffman 1682" bearing N 9° 28' 44" W 1.04 feet, and the place of beginning containing in all 1,161.754 square feet or 26.670 acres more or less. Save and except the following described tract: DESCRIPTION OF 13.52 acres, more or less, situated in the H. F. Gillette Survey, Abstract 297, Harris County, Texas and being out of and a part of that certain called 26.670 a cre t ract o f 1 and c onveyed b y Otto Gerbes Estate, et al, to Baytown Christian Academy, Inc. by Deed dated December 20, 2000 and recorded in County Clerk's File No. U792623 of the Official Public Records of Real Property of Harris County, Texas. This 13.52 acre tract is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE BASED ON DEED BEARINGS ON THE WEST AND NORTH LINES OF SAID CALLED 26.67 ACRES. BEGINNING at a point for the Southwest corner of said called 26.67 acres in the East line of Lot 7 of Block 21 of East End Addition, Highland Farms Subdivision as recorded in Volume 15, Page 60 of the Map Records of Harris County, Texas. Said point being in the North line of a 45 feet wide right -of -way conveyed by Otto Gerbes, et ux, to Harris County by Deed recorded in County Clerk's File No. H609107 of the Official Public Records of Real Property of Hams County, Texas and being the Southwest corner and POINT OF BEGINNING of this tract. Thence N 9° 30' 00" W along the West line of this tract, the West line of said called 26.67 acres and the East line of Blocks 21 and 9 of said East End Addition, Highlands Farms Subdivision, for a distance of 450 feet, more or less, to a point in the Corporate Limits of the City of Baytown for the Northwest corner of this tract. Thence N 80° 53' 00" E along the North line of this tract and along the Corporate Limits of the City of Baytown, over and across said called 26.76 acres, for a distance of 1350.08 feet to a point in the East line of said called 26.76 acres and the West right -of -way line of North Main Street (100 feet wide right -of -way) as described in right -of -way Deed in County Clerk's File No. H609108 of the Official Public Records of Real Property of ® Harris County, Texas. ® Thence S 00° 51' 08" W along the East line of this tract, the East line of said called 26.76 acres, the Corporate Limits of City of Baytown and the west right of way line of said North Main Street for a distance of 456.89 feet, more or less, to a point for the Southeast corner of this tract, the Southeast corner of said called 26.76 acres and being in the North right -of -way line of said 45 feet wide tract conveyed to Harris County. Thence S 80° 30' 00" W along the South line of this tract, the South line of said called 26.76 acres and the North line of said Harris County tract for a distance of 1267.98 feet to the PLACE OF BEGINNING and containing within these boundaries 13.52 acres of land, acres more or less. +! f. LJ ' t , 0 { - - X ,F -•- 1 i { NM NI Hi8ON �1 1 1 , 4, V t �� _• ; is oil X, Y! { , 1 1 , 11 4 1 to \ 1 r _� 'v ��i �1 •� _'rte , ' `� �1— J _ _ 1 - `t.� �1' f�'1 �3` J �Q ! _{ 1_ - �� ��`ovoal5 •ti —• ; '1 _. _ -_ -,- ' ' 1 t' - {� 1 i , {, � ; ' 1, •� ', '! m- - IC LLJ -''11 `''' ,'1 �''! •+!i `� , 'y -� - -� =_rte( 'V ";a: � _� - l •�•- !'••''.t 1 ' � ' � �- 1 !