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Ordinance No. 10,290Published in the Baytown Sun on March 28, 2006 and March 20, 200E ORDINANCE NO. 10,290 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 403.9469 ACRES OF LAND IN THE NATHANIAL LYNCH SURVEY, A44, AND THE WILLIAM HILBUS SURVEY, A -336, HARRIS COUNTY, TEXAS TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 40 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. 3 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Exhibit "A." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 validityof 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. 1N'fRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23'a day of March, 2006. e CALVIN MUNDINGER, Mayo APP OVED AS TO FORM: G ACIO R AMIREZ, SR., i Attorney R:Ucanene \My Documents \Council \05- 06\March 2nd\ Annexationof403+ AcresToCouncilDist3 BurnetBay.doc EXHIBIT A METES AiIND BOUNDS DESCRIPTION HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES / 17,595,926 SQUARE FEET OF LAND NATHANL- L LYNCH SURVEY, A -44 WILLIAM HILBUS SURVEY, A -336 HARRIS COUNTY, TEXAS August 12, 2005 Description of 403.9469 acres, (17,595,926 square feet) of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk's File Numbers X913086, Y603616, Y603617, and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey, Abstract Number 336, Harris County, Texas, and more particularly described in two, (2) parts by metes and bounds as follows: TRACT 1 - 264.5684 ACRES 111 524 599 S .FT. 264.5684 acres, (11,524,599 square feet) of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk's File Numbers Y603616, Y603617, and Y603619, located in the William Hilbus Survey, Abstract Number 336, Harris County, Texas; BEGINNING at a 5/8 -inch iron rod found at the most northerly northwest corner of a called 23.1480 acre tract of land described by deed to Burnet Bay, LTD recorded under Harris County Clerk's File Number Y60' )619 in the south right -of -way line of Interstate Highway 10; THENCE, with the south right -of -way line of said Interstate Highway 10 the following five, (5) courses and distances: 1. North 84 degrees 51 minutes 28 seconds East, a distance of 195.04 feet to a 5/8 -inch iron rod found for angle point; 2. North 86 degrees 42 minutes 21 seconds East, a distance of 104.82 feet to a 5/8 -inch iron rod found for angle point; 3. North 86 degrees 32 minutes 20 seconds East, a distance of 417.11 to a concrete monument found for angle point; 4. South 78 degrees 02 minutes 09 seconds East, a distance of 190.78 feet to an angle point and I��II Page i of 7 Pages Carter:: Burgess K:1 SdskLand ISURVE110 3 1 84 01M88\031840 MUD 473 Bndy M&B 0 8-12 -05.doc ® HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES Page 2 of 7 Pages August 12, 2005 from which a concrete monument found bears North 83 degrees 20 minutes 58 seconds West, a distance of 1.74 feet; 5. North 86 degrees 42 minutes 21 seconds East, a d tract t and the northwest carnercof aon rod found at the northeast corner of said 23.1480 acre called 8.92 acre tract of land described by deed to Missouri Pacific Railroad Company, recorded under Harris County Clerk's File Number G045735 THENCE, South 02 degrees 29 minutes 21 seconds East, with the the southwest corn 8.92 acre fisaid 8.92 tract, a distance of 1,295.26 feet to a 5/8 inch iron rod found at acre tract and the southeast corner of said 23.1480 acre tract in the north line of a called 5.923 acre tract of land described by deed to Missouri Pacific Railroad Company, recorded under Harris County Clerk's File Number G221936 for comer; THENCE, South 86 degrees 56 minutes 56 seconds West, with the south line of said 23.1480 acre tract and the north line of said 5.923 acre tract, distance tanhe most to a corner of a found at the northwest corner of said 5.923 acre tract called 201.2111 acre tract of land described by deed to Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603616; THENCE, South 02 degrees 30 minutes 33 seconds East, with the east line of said 201.2111 acre tract, a distance of 2,710.87 feet to a 5/8 -inch iron rod with cap found at the southeast corner of said 201.2111 acre tract in the north line of a called C untTeClerk'e File NulnberR230 83d to Martin Marietta Materials, Inc. recorded under H y THENCE, North 81 degrees 30 minutes 36 seconds West, ce of 177 02 feet t the east comer of acre tract and the north line of said 9.057 acre tract, a called 0.1538 acre parcel of land described by deed to Burnet Bay, LTD, recorded under Hams County Clerk's File Number Y603617; THENCE, North 81 degrees 30 minutes 36 seconds West, by,de0ed to 0.1538 acre parcel and the south line of a called 36,190 square foot par cel of land described Burnet Bay, LTD, recorded under Harris County Clerk's File o umber Y60 the northwas cco of • 4,298.93 feet to the southwest corner of said 36,190 square parcel l . Carte r���urges� K: 1SdskLand \SURVE\A031840\M&B\031840 MUD 473 Bndy M88 08- 12 -05.doc ® HARRIS COUNTY NfUNICIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES Page 3 of 7 Pages August 12, 2005 of a tract of land described by deed to.Mary K. Ellison, et al, recorded under Hams County Clerk's File Number V278078 in the east right -of -way line of Thompson Road; THENCE, North 02 degrees 35 minutes 27 seconds hand described by deed to square foot parcel, the west line of a called 11.1 438 acre tract of Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603619, and the east right -of- -way line of said Thompson Road, a distance a °a19ed 6 00 actre °tract of land described by said 11.1438 acre tract and the southwest corner o deed to Charles W Caldwell, et ux, recorded under Hams County Clerk's File Number S015995; THENCE, North 86 degrees 58 minutes 57 seconds East, with the north line of said 11.1438 acre tract and the northerly line of said 201.2111 acre tract, acre tract of land described by deed 1/2-inch iron rod found at the southeast corner of a called Sterling Trust Company, trustee, recorded under Hams County Clerk's File Number 5015998 for corner; Tl?ENCE, North 04 degrees 52 minutes 49 seconds West, with the westerly line of said 201.2111 acre tract and the east line of said 6.00 acre Sterling Trust Company tract, a distance of 138.61 feet to a 112 -inch iron rod found for angle point; THENCE, North 08 degrees 48 minutes 35 seconds West, with the westerly line of said found at the northeast corner 201.2111 acre tract, a distance of 743.03 feet S Subedar, recorded under of a called 10.00 acre tract of land des y deed to Harris County_Clerk's File Number T584957 the southeast comer of a called 16.0520 acre tract of land described by deed to TA Operating Corporation, called 3, 63 sgaar foot parcel of land Clerk's File Number P611282, and the northwest comer of a described by deed to Burnet Bay, LTD, recorded under Hams County Clerk's File Number Y603617; THENCE, North 86 degrees 57 minutes 43 seconds East, with the northerly line of said 3,263 acre parcel, a distance of 1,334.95 feet; THENCE, North 02 degrees 31 minutes 20 seconds West, with a westerly line of said 3,263 acre • parcel, a distance of 1.08 feet to a 5/8 -inch iron rod found for corner; Carter ��Burgess K: \SdskLand\SURVEY\03184o \M&B 1031840 MUD 473 Bndy MSB 08- 12- 05.doc • HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES Page 4 of 7 Pages August 12, 2005 THENCE, North 87 degrees 27 minutes 38 seconds East, with the north line of said 3,263 acre parcel, a distance of 86.26 feet to a 3/4 -inch iron rod found at the northeast corner of said 3,263 acre parcel; THENCE, North 02 degrees 37 minutes 58 seconds West, with the west line of said 201.2111 acre tract and the west line of said 23.1480 acre tract, a distance of 1,330.78 feet to the POINT OF BEGNNL�G and containing 264.5684 acres, (11,524,599 square feet) of land. TRACT 2 139.3785 ACRES / 6,071 327 S4_.FT. 139.3785 acres, (6,071,327 square feet) of land described by deed to Burnet Bay, LTD recorded under Harris County Clerk's File Number X913086; BEGINNING at the most southerly comer of said 139.3785 acre tract in the northeast right -of- way line of Decker Drive, (also known as Spur 330); THENCE, North 66 degrees 25 minutes 36 seconds West, with the southwest line of said 139.3785 acre tract and the northeast right -of -way line of said Decker Drive, a distance of 723.91 feet to the centerline of Spring Creek Gully; THENCE, with the westerly line of said 139.3785 acre tract and the centerline of said Spring Creek Gully the following ten, (10) courses and distances: 1.- -North 36- degrees2- 1.minutes-39=seconds West; a- -distance -of 76:57- feet;- - 2. North 14 degrees 31 minutes 43 seconds East, a distance of 80.08 feet; 3. South 61 degrees 58 minutes 42 seconds East, a distance of 107.64 feet; 4. North 25 degrees 46 minutes 10 seconds East, a distance of 119.15 feet; 5. North 74 degrees 02 minutes 30 seconds West, a distance of 211.92 feet; 6. North 23 degrees 56 minutes 57 seconds West, a distance of 92.31 feet; K:\ SdskLandNSURVEY1031840 \M88\031840 MUD 473 8ndy M88 08- 12.05.doc Carter. :Burgess HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUNIBER 473 403.9469 ACRES Page 5 of 7 Pages August 12, 2005 7. North 55 degrees 10 minutes 49 seconds West, a distance of 136.45 feet; 8. North 07 degrees 12 minutes 21 seconds West, a distance of 124.18 feet; .9. North 46 degrees 42 minutes 15 seconds East, a distance of 61.88 feet; 10. North 33 degrees 50 minutes 44 seconds West, distance b deed 73.82 feet to the City of Baytownvrescorded described corner of a called 1.760 acre tract of land Y under Harris County Clerk's File Number P029811; THENCE, North 64 degrees 44 minutes 31 seconds of East, said southeast re tract line and the said comer acre tract, a distance of 607.86 feet to the east come of a called 4.896 acre tract of land described by deed be thmm� of Bon- otangen# ocarve o the Harris County Clerk's File Number P029811 and th gl g right; THENCE, northeasterly, with the southeast line of said 4.896 acre tract and the arc of said non tangent curve to the right having a radius of 853.65 feet, a central angle of 11 degrees 31 minutes es 47 20 seconds, a chord bearing of North 45 degrees 15 nv easte ]v comer of 4 896 acre tract of 171.38 feet, and an arc length of 171.67 feet to the most and the non - tangent end of said curve; THENCE, North 25 degrees 05 minutes 45 seconds West, with the northeast line of said 4.896 acre tract, a_distance of 692.30 feet to the most northerly corner of said 4.896 acre tract and the most northerly northwest corner of said 139.3785 acre tract in the southeast rig}it =of =way line of Interstate Highway 10; THENCE, with the southeast right -of -way line of said Interstate Highway 10 the following five, (5) courses and distances: 1. North 64 degrees 57 minutes 33 seconds East, a distance bears North 26 degrees beginning of a curve to the left and from which a concrete monument found minutes 24 seconds West, a distance of 1.38 feet; • 2. Northeasterly, with the arc of said curve to the left having a radius of 572.96 feet, a central CarterBurgess K: 1SdskLand\SURVE `1\03184o1M86'031840 MUD 473 Bndy M86 08- 12 -05.doc HARRIS COUNTY 1ufUNCIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES Page 6 of 7 Pages August 12, 2005 angle of 29 degrees 29 minutes 29 seconds, a chord b a �g of North length of 294 92 feet 0tomutes 08 seconds East, a chord distance of 291.67 feet, and an concrete monument found for point of tangency; 3. North 35 degrees 23 minutes 23 seconds East, a distance of 29.31 feet to a concrete monument found at the beginning of a curve to the right; 4. Northeasterly, with the arc of said curve to the right having a radius of 572.96 feet, a central angle of 29 degrees 31 minuses 28 seconds, a chord bearing of North 50 degrees 08 minutes 57 seconds East, a chord distance of 291.99 feet, and an arc length e point found bears North 06 of tangency of said curve and from which a concrete Mon degrees 25 minutes 24 seconds East, a distance of 0.54 feet; 5. North 64 degrees 54 minutes 41 seconds East, s distance d I39 3785 acre tract an the 1/2-inch ost westerly d with cap found at the most northerly corner of corner of the residue of a called 170,974 acre tract of land described by deed to Venture 2000, LTD, recorded under Harris County Clerk's File Number V226376; THENCE, South 55 degrees 10 minutes 43 seconds East, with the southwest line of said residue tract and the northeast line of said 139.3785 acre tract, a distance of 635.77 feet to a 1/2 -inch iron rod with cap found for angle point; T1 -MNCE, South 55 degrees 29 minutes 48 seconds East, with said common line, a distance of 87:42 feet -to a 1/2 _inch iron rod with. cap found at the most southerly corner of said residue tract in the southwest line of a called 25.0000 acre tract of land described by deed to CFJ properties, recorded under Hams County Clerk's File Number V247862; THENCE, South 25 degrees 02 minutes 55 seconds East, with the southwest line of said 25.0000 acre tract, a distance of 424.55 feet to a 1/2 -inch iron rod with cap found at the most southerly comer of said 25.0000 acre tract; THENCE, North 64 degrees 57 minutes 05 seconds East, with the southeast line of said 25.0000 acre tract, a distance of 1,122.04 feet to a 1/2 -inch irofound d�at the southeast corner • of said 25.0000 acre tract in the west right-of-way line of Thompson Carte r��Burgess K:1SdskLand\sURVEW318401M &6\031840 MUD 473 Bndy M &B 08- 12- 05.doc El • HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473 403.9469 ACRES Page 7 of 7 Pages August 12, 2005 THENCE, South 02 degrees 38 minutes 55 seconds East, with rod With cap found at the of said Thompson Road, a distance of 1,073.82 feet to a 1/2 inch i-ro P southeast corner of said 139.3785 acre tract and the northeast corner of Elena Fuit & Cotton Farms, Unit D, Block 142, a subdivision as shown on the plat thereof recorded in Volume 7, Page 48, of the Hams County Map Records; THENCE, South 63 degrees 06 minutes 21 seconds West, with the southerly Unit said Block 142, 139.3785 acre tract and the northerly line of said Elena Fuit & Cotton F , a distance of 3,200.21 feet to the POINT OF BEGINNING and containing 139.3785 acres, (6,071,327 square feet) of land. All bearings are referenced to the Texas State i Coordinate System, South Central Zone, NAD83 and are based on static GPS obs erva This description is submitted in conjunclsonot to be District osed to convey e o establish uariterests in real M�cipal Utility Distract Number 473, Property except those rights and interests implied or established by the creation or Duration of the boundary of Harris County �'lunucipal Utility District Number 473, for reconfib which it was prepared. .. Walter- J.YWilbanks, P L.S. Texas. RegistrationTTumbes--4436 _ -- - -- — CARTER & BURGESS, INC. Project No. 031840.800.1.0002 K:1SdskLand\SURVEY 031840"i&'\"1'40 MUD 473 Bndy M&B 0 8-12- 05.doc qT R�o� S q- 5 � F VALTER -J.* WLBANK'. 493 6 Q b $ U P"v Carter:; Burgess