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Ordinance No. 9,825Published Baytown Sun ORDINANCE NO. 9825 Tuesday, Sept. 14, 2004 Thursday, Sept. 16, 2004 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN-, TEXAS, ADDING A 7.5194 ACRE TRACT OF LAND IN THE ED T. SHAFFER SURVEY (W.C.R.R.), ABSTRACT NO. 1224 OUT OF THAT CERTAIN CALLED 63.1918 ACRE TRACT OF LAND AND BEING PART OF LOTS 11, 12 AND 26 AND ALL OF LOTS 27, 28 AND 29, BLOCK 21 OF HIGHLAND FARMS ADDITION AND AN ADJACENT PORTION OF WEST LYNCHBURG - CEDAR BAYOU ROAD, 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 6"' of July, 2004. a _ CALVIN MUNDINGER, Mayor ATTEST :, L� G Y V.,:mTrH, City Clerk APPROVED AS TO FORM: N L. H R R, First Assistant City Attorney F:\Jeanene\My Documents\ Council\ 03- 04\ JulySpecial\ AmMexAnnexation2Counci lDist4.doc ® STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of a 7.5194 acre tract of land situated in the Ed T. Schaffer Survey (W. C. R. R.), Abstract 1224, Hams County, Texas and being out of that certain called 63.1918 acre tract of land conveyed to Land Equities No. 102, LTD by Deed recorded in County Clerk's File No. D404387, Film Code No. 133 -23 -1525 of the Official Public Records of Real Property of Harris County, Texas. Said 7.5194 acres also being part of Lot s 11, 12 and 26, and all of Lots 27, 28 and 29, Block 21 of Highland Farms Addition as recorded in Volume 7 at Page 60 and 61 of the Map Records of Harris County, Texas. This 7.5194 acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE BASED ON A 1-1/4 INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER AND CT ORNER INCH OF A 6OIl 918 ACRE TRACT OF LAND T EASTERLY SOUTHEAST CONVEYED TO JAMES W. GUSTAFSON BY JOHN E. FENTON, ET UX BY DEED DATED JULY 31, 1969 AND RECORDED IN VOLUME 7721 AT PAGE 144 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID FOUND CORNERS OF THE 63.1918 ACRE TRACT ARE IN THE WEST RIGHT -OF -WAY LINE OF WEST ROAD. REFERENCE IS DESCRIPTION. OF EVEN DATE ACCOMPANYING THIS METES BEGINNING at a '/z inch iron rod found in the North right -of -way line of Cedar Bayou Lynchburg Road (100 feet wide right -of -way) at the Southernmost Southeast corner of that certain 18.00 acre tract of land conveyed by Earlon C. McWhorter, et a] to Petula Associates, LTD by Deed dated October 15, 1993 and recorded in Film Code No. 521- 75 -1628 of the Deed Records of Harris County, Texas. Said point being the Southwest comer and POINT OF BEGINNING of this tract. THENCE: North 13 021'43" East along the West line of this tract and the South or Southeast line of said 18.00 acres for a distance of 101.32 feet to a' /z inch iron rod found for an angle point in said line. THENCE: North 53 °31' 15" East along the West line of this tract and the South or Southeast line of said 18.00 acres for a distance of 480.13 feet to a 5/8 inch iron rod, with cap, found for the Northwest comer of this tract and an interior corner of said 18.00 acres. THENCE: North 80 1101'00" East along the North line of this tract and the South line of said 18.00 acres for a distance of 489.92 feet to a'' /z inch iron rod, with cap, found for an angle point in said line. 1 il� ® PAGE 2 — 7.5194 ACRES. Sh ine of THENCE: South 82 000'00" East along the North line of this tract and the out l said 18.00 acres for a distance of 26.63 feet to a' /z inch iron rod found in the West right- of -way line of West Road (60 feet wide righternmost Southeast corner of said 18.006 for the Northeast comer of this tract and the Ea acres. THENCE: South 09 055'55" East along the Northernmost East line of this tract, the East line of Lots 26, 27, 28 and 29, Block 21 of said Highland Farms and the West right -of- way line of West Road for a distance of 332.44 feet to a 5/8 inch iron rod, with cap, found for the Easternmost Southeast corner of this tract, the Southeast comer of said Lot 29 and the Northeast corner of Lot 30, Block 21 of said Highland Farms and the Northeast corner of that certain tract ated November 14e1994and�recorded in Fielm Code Richard Z. Rady, et al, by Deed d No. 501 -68 -3061 of the Official Public Records of Real Property of Harris County, Texas. THENCE: South 79 °55'02" West along the Easternmost South line of this tract, the South line of said Lot 29, the North line of said Lot 30 and the North line of said Rady, et a] tract, for a distance of 398.84 feet to a'' /Z inch iron rod found for an interior corner of this tract, the Northwest comer of said Lot 30, the Southwest corner of said Lot 29 and the Northwest corner of said Rady, et al tract. Said point being in the East line of said Lot 11. THENCE: South 09 °15'22" East along the Southernmost East line of this tract, the East lie of said Lot 11, the West line of said Rady, et al tract and the West line of Lots 30 and 31, Block 21 of said Highland Farms Addition, for a distance of 175.20 feet to a 5/8 inch iron rod found in the North right-of-way hline act and the deSouthwest comer of said Lynchburg oRady, et the Southernmost Southeast comer of this al tract. Said point being in a curve to the right, concave Northerly. THENCE: Along and around said curve to the right, in a Westerly direction, along the Westernmost South line of this tract and the North right -of -way line of said Cedar Bayou Lynchburg Road, said curve having a radius of 2242.00 feet, a central angle of 10 °43'43 ", and a chord bearing and distance of North 81 °59'54" West 419.21 feet, for an arc length of 419.82 feet to a' /2 inch iron rod found for the TERMINATION POINT of said curve. v PAGE 3 — 7.5194 ACRES. THENCE: North 76 °38'02" West along the Westernmost South line of this tract and the North right -of -way line of said Cedar Bayou Lynchburg Road for a distance of 201.52 feet to the PLACE OF BEGINNING and - containing within these boundaries 7.5194 acres of land. SURVEYOR'S CERTIFICATE I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision in December of 2003 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and sea] at Baytown, Texas, this the 1 l `h day of December, A. D., 2003. � OF J lieee Ramsey " j .. 03- 2530B.fdn 17, 0" S%O0 —S U R *q-