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Ordinance No. 10,446Published in the Baytown Sun on October 19, 2006 ORDINANCE NO. 10,446 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 3.25 ACRE TRACT OR PARCEL OF LAND SITUATED IN BLOCK 140, OF ELENA FRUIT AND COTTON FARMS, UNIT "D ", ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, AT PAGE 48, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 3.25 ACRE TRACT BEING A PORTION OF A CALLED 4.8532 ACRE TRACT AS DESCRIBED IN DEED TO EXXON BAYTOWN CREDIT UNION AND RECORDED IN HARRIS COUNTY CLERK'S FILE NO. P060937 AND CORRECTED IN HARRIS COUNTY CLERK'S FILE NO. P 165312; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. WHEREAS, 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 amnexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 14`h day of September, 2006, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notices of such public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on the 3l" day of August, 2006, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, a notice of such public hearings was posted on the City of Baytown's website on the 29`h day of August, 2006, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings and remained posted until the date of the hearings; and WHEREAS. the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2006, was 34.0 square miles, and WHEREAS, the population of the City of Baytown, Texas, is approximately 71,359 inhabitants; and WHEREAS, the below described territories lie within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the below described territories lie adjacent to and adjoin the City of Baytown, Texas, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: Thm the fallo%0ng dcscribed huid and ter-ritories lying adjacent to arid ad3k,'jining die City of Bayu-MV[I M"e herelb,y ,idded and annexed to ttw City of Baylown, Texas, and shall hereinafter be included Widlill the I)OLIndary limits of the City ol'13riy�to vii,'Texrts,,And preserit boundat-y hmits of such C I ity,at the various points configUOUS to the areas hereinafter described, are altered and amended so as to include said areas Nvithiii the corporate limits of the City of Baytown, Texas, to-Mt: St "'If., EXHIBIT"A" Secticm 2: T'he above described territories and Ilicareas soai,,aiexedshall bea part: offhe City, of'Baylowri, Texas, arid flie property so added hereby shall beat, its pro rata of the taxes levied by the City of Baytown, Texas, ,md the inhabitants thereof shafl be entitled to all of the nghts wid privileges of call the citizens of the City of Baytown and shl all be botnid by the acts, ordinances, I-CSOILItiOlIS, atid regulatioris ofthe City ot'Baytowii, Texas, Sectimi 3" In accordmice wid"i Texas Lc)cal Goverm-nent Code Annotated § 43.056,its amended, the service plan prepared by the City, tear providing municrpal services to the annexed areas is att.,icfied as Exhjbit "B" and is )creby approved. S,ectioti 4: This ordinance shall be published and passed in the manner provided itr Article 1, Section 9, of the Charter. of [lie C I-Y of Baytowrr,, Texas. I/ INTRODUCED, RF',kD and PASS]",'t) on the FIRS"I" READIN(:.i 1, is the 12'�'dayofflctober, 2006, s,"r DONCARi-AIS Ma yol, `T- , City Clerk /�,PPROIVIJ ) AS TO FORNI: ty Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the day of 12006. STEPHEN H. DONCARLOS, Mayor ATTEST: LORRI COODY, City Clerk APPROVED AS TO FORM: S�� 4",�c-� -W, ACIO RAMIREZ, SR., t Attorney RAKaren\Files \City CouncihOrdinances\2006 \0ctober 12\ AnnezationReading4PropertyAcrossfromConnsonGarth .doc ANNEXATION DESCRIPTION 3.25 ACRES ON GARTH ROAD Being a 3.25 acre tract or parcel of land situate in Block 140 of Elena Fruit and Cotton Farms, Unit "D ", according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, said 3.25 acres tract being a portion of a called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerks File No. P060937 and corrected in Harris County Clerks File No. P 165312 said 3.25 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 1/2" 'iron rod found on the west line of Garth Road, for the northeast corner of a called 3.76 acre tract as described in deed recorded in Harris County Clerks File No. B800908 and the southeast comer of the said called 4.8532 acre tract, said point having a State Plane Coordinate System, South Central Zone, NAD 83 coordinate of N 13853329.8576 and E 3243977.5536; THENCE S 77'20'546" W, along the south line of the said called 4.8532 acre tract, a distance of 240.02 feet, to a point for corner on the existing west city limit line 300 feet west of the centerline of Garth Road, for the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE S 77 °20'56" W, continuing along the south line of the said called 4.8532 acre tract, a distance of 484.26 feet to a 1/2" iron rod with plastic cap stamped "RPLS 4980" found for the southwest comer of the herein described tract;; THENCE N 11 °54'26" W, passing at 177.88 feet a u2" iron rod found for the southeast corner of a called 6.7 acre tract as described in deed recorded in Harris County Clerks File No.1-477681, and continuing for a total distance of 292.62 feet, to a 112" iron rod found for the southwest comer of a called 4.00 acre tract as described in deed recorded in Hams County Clerks File No. 8051109 and the northwest comer of the herein described tract; THENCE N 77°21'27" E, passing at 38.21 feet a 1/2" iron rod found in a tree for a southeast corner of the said called 4.00 acre tract and the southwest corner of a called 1.00 acre tract as described in deed recorded in Harris County Clerks File No.P797035, and passing at 473.85 feet a 1/2" iron rod found for the southeast corner of the said called 1.00 acre tract and the southwest corner of a called 0.528 acre tract as described in deed recorded in Harris County Clerks File No. N551510, and continuing for a total distance of 483.94 feet, to point for corner for the northeast corner of the herein described tract; THENCE S 11'58'13" E, along the said existing city limit line, a distance of 292.54 feet, to the POINT OF BEGINNING, containing a calculated area of 3.25 acres of land. Notes: This document was prepared under 22TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. This field note description is part of the plat of same date. The bearings shown hereon are referenced to State Plane Coordinate System, South Central Zone, NAD 83. :' MCCLELLAN NO. 4980 (ii AUG 3 1 20 o6 'I,' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SERVICE PLAN for 3.25 Acres Retail Development .... ............................... .... ............................... .... ............................... August 31, 2006 August, 2006 BAYTOWN SUMMARY The area to be annexed is located in the ETJ, west of Garth Road, north of Lynchburg Cedar Road. Size of Area: The area proposed for annexation is 3.25 acres shown on the attached map. Existing Land Use: Vacant. Upon annexation, the property will be in the Mixed Use (MU) zoning district. Impact: As a result of this proposed annexation: The Fire Department will deliver the same services as other developments in the area. The Response Time for receipt of call for services until the arrival of the 1st due company 2 minutes 30 seconds. Fire will be confined to the room of origin increasing the probability of accomplishing the critical task of rescue, fire control, and property conservation. EMS survivability from cardiac arrest increase by 10% for each minute with BLS care before 6 minutes. The Response Time for receipt of call for services until the arrival of the 1s' alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location, 10 minutes 48 seconds. The time over 10 minutes will significantly increase fire spread and therefore decrease rescue, fire control, and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS care within 10 minutes diminishes significantly. To improve the service delivery performance measures to the proposed area the initial investment for construction of a new building, equipment and personnel is $2,186,000 with a recurring cost of $1,039,900. (See attached Service Plan). The project site will be assigned to Fire Station 1. The Police Department indicates that additional property & business will increase workload of same number of officers and response time is anticipated to increase. The project site will be assigned to Police District 2. (See attached Service Plan). The Heath & EMS Department states that the incremental annexations have significant combined impact on all functions of the department, creating a reduce level of service. The Public Works and Utilities Department workload will increase and the divisions work backlog will increase. (See attached Service Plan). Means of Accomplishment: The annexation will be accomplished from the existing city limit line. Public Input: Public Hearings will be held to allow for public input. Attachments: Attached to this summary are the specific Service Plan elements submitted by each of the major city departments. SERVICE PLAN FOR THE FIRE DEPARTMENT RE: Proposed Annexation of336acres located west of Garth Road, north of Cedar Bayou Lynchburg Road. 1. The area being annexed is described as: Block 140 of Elena Fruit and Cotton Farms, Unit "D ". Harris County, Texas. 2. The area will be assigned to the following service area: District 1. The newly annexed area will receive the same services as other developments in the area. 3. What are the expected service delivery performance measures for the area within existing resources? a. First Due: 2 minutes 30 seconds. (0.2 miles) Response Time for receipt of call for services until the arrival of the 15` due company. Time less than six minutes is required to confine the fire to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control, and property conservation. EMS survivability from cardiac arrest increases by 10% for each minute with BLS care before 6 minutes. b. First Alarm: 10 minutes 48 seconds. (4.4 miles) Response Time for receipt of call for services until the arrival of the first alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location. The time over 10 minutes will significantly increase fire spread and therefore decrease rescue, fire control, and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS care within 10 minutes diminishes significantly. 4. What expansion of resources would be required to improve the service delivery performance measures to the proposed area? Initial Investment Cost in dollars Building —4 Bay Fire Station 1,700,000 Equipment — Fire Engine 450,000 Personnel Hiring Costs — 15 Personnel 36,000 Initial Costs Total 2,186,000 Recurring Costs Cost in dollars Personnel 1,020,000 Educational 1,500 Building Maintenance 4,000 Utilities 14,400 Recurring Costs Total 1,039,900 5. What would be the predicted service delivery performance measures with expanded resources? a. First Due: 6 minutes. Response Time for receipt of call for services until the arrival of the 151 due company. Fire will be confined to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control, and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: 10 minutes. Response Time for receipt of call for services until the arrival of the first alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location. The time under 10 minutes will significantly decrease fire spread and therefore increase rescue, fire control, and property conservation measures. Additionally, the return of circulation for cardiac arrest victims with ALS care within 10 minutes increases significantly. on BI e, Fire Chief ��� SERVICE PLAN FOR THE PUBLIC WORKS DEPARTMENT RE: Proposed annexation of 335 acres (Retail Center) located west of Garth Road, north of Lynchburg Cedar Road. 1. The area being annexed is described as Block 140 of Elena fruit and Cotton Farms, Unit "D" Harris County, Texas. 2. The area will be assigned to the following service area: " The newly annexed area will receive the same services as other developments in the area. 3. What will be the fiscal impact of this annexation on your department? ➢ A* Construction of additional buildings. Please list in details any new building requirements and attach hereto as Exhibit "A ". ➢ Al/fi— The need to purchase additional vehicles. Please list in details any specific vehi a requirements and attach hereto as Exhibit "B ". ➢ The Department need for additional personnel. Please list in details any specific personnel required and attach hereto as Exhibit "C ". /V If this annexation requires the construction and or expansion of any other e c sere facility or any capital equipment an explanation should be attached hereto as Exhibit "D ". 4. ! How will this annexation effect existing response times ?/-)C( �- ,vex,4 -1 oejl /NCG-te,.G 1L'17 L(��i ; -ks /G(fi.�,fiFS � 7 t's�GnSC= Rrf� - cL1C�irk(c�, t1—T r�t� La ork C-�taev and will this annexation effect established (response time) standards as established by recognized agencies ?(explain) 5. The effective date of implementation of this service plan will be Upon Annexation. % —Signature Date r SERVICE PLAN FOR THE POLICE DEPARTMENT RE: Proposed annexation of -_4)X. acres (Retail Center) located west of Garth Road, north of Lynchburg Cedar Road. 1. The area being annexed is described as Block 140 of Elena fruit and Cotton Farms. Unit "D" Harris County, Texas. 2. The area will be assigned to the following service area: `'� ►ST The newly annexed area will receive the same services as other developments in the area. 3. What will be the fiscal impact of this annexation on your department? $ V Construction of additional buildings. Please list in details any new building requirements and attach hereto as Exhibit "A ". ➢ $ "0 The need to purchase additional vehicles. Please list in details any specific vehicle requirements and attach hereto as Exhibit "B ". $ 0 The Department need for additional personnel. Please list in details any specific personnel required and attach hereto as Exhibit "C ". $ D If this annexation requires the construction and or expansion of any other service facility or any capital equipment an explanation should be attached hereto as Exhibit "D ". 4. How will this annexation effect existing res onse times? %rtDOr V0AAL Ya05=� of ss lN► 5� �D !J a F - ► D erg and will this annexation effect established (response time) standards as established by r %gnized agencie ;(ex lain) %1'G f�6L1�t/£D �✓S� 7%r' S l CS/DrA%l Z£O Z5v 6iAi�„ L1� cu�£A _ C/7I ZLS1�s /y/iG /�it/ 5. The effective date of implementation of this service plan will be Upgn Annexation. Signatu e q-2.3 -Q� Date SERVICE PLAN FOR THE PARKS & RECREATION DEPARTMENT RE: Proposed annexation of 326 acres (Retail Center) located west of Garth Road, north of Lynchburg Cedar Road. 1. The area being annexed is described as Block 140 of Elena fruit and Cotton Farms. Unit "D ". Harris County, Texas. 2. The area will be assigned to the following service area: . The newly annexed area will receive the same services as other developments in the area. 3. What will be the fiscal impact of this annexation on your department? C1, ➢ $ Construction of additional buildings. Please list in details any new building requirements and attach hereto as Exhibit "A ". ➢ $ The need to purchase additional vehicles. Please list in details any specific vehicle requirements and attach hereto as Exhibit "B ". $ The Department need for additional personnel. Please list in details any specific personnel required and attach hereto as Exhibit "C. $ If this annexation requires the construction and or expansion of any other service facility or any capital equipment an explanation should be attached hereto as Exhibit "D ". How will this annexation effect existing response times? and will this annexation effect established (response time) standards as established by recognized agencies ?(explain) 5. The effective date of implementation of this service plan will be LlAon Annexation. i p Q i ture Date SERVICE PLAN FOR THE BUILDING DEPARTMENT RE: Proposed annexation of 3 acres (Retail Center) located west of Garth Road, north of Lynchburg Cedar Road. 1. The area being annexed is described as Block 140 of Elena fruit and Cotton Farms, Unit "D ", Harris County, Texas. 2. The area will be assigned to the following service area: The newly annexed area will receive the same services as other developments in the area. 3. What will be the fiscal impact of this annexation on your department? $-o— Construction of additional buildings. Please list in details any new building requirements and attach hereto as Exhibit "A ". ➢ $-0- The need to purchase additional vehicles. Please list in details any specific vehicle requirements and attach hereto as Exhibit "B ". $ -0- The Department need for additional personnel. Please list in details any specific personnel required and attach hereto as Exhibit "C. ➢ $ - o - If this annexation requires the construction and or expansion of any other service facility or any capital equipment an explanation should be attached hereto as Exhibit "D ". 4. How will this annexation effect existing response times? /A, and will this annexation effect established (response time) standards as established by recognized agencies ?(explain)�A- 5. The effective date of implementation of this service plan will be Upon Annexation. e:�==_ Signature i .� PETITION REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRIS /CHAMBERS Come now, _ n::)W j � ? -� L.C, G owner(s) of the real property described as follows to -wit: NIETES AND BOUNDS DESCRIPTION NIAP, TOGETHER WITH PROOF OF OWNERSHIP (DEED, TITLE POLICIES, ETC.) MUST BE ATTACHED; STATE THE PURPOSE OF THIS ANNEXATION (WHAT WILL BE BUILT, PLACED, ETC.) 30,000 square foot Retail Center Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown: and is vacant and without residents or on which fewer than three qualified voters reside. I (We), Baytown Partners. LLC the Owner(s) of the above - described property request annexation of the property by the City of Baytown. Signed this the 2nd - day of August . 20 06 I caner Si* ature i Barry A. Schnakenburg r Type Name and Title P.O. Box 629, FvansviIle, T Address: 812 - 425 -2428 Telephone Number barry(a11C1n/illQtriPCa niipine-roM Email Address Owner Ignature Ifr William P. Schnakenburg, Member Type Name and Title P.O. Box 629, Fvansuille, TL1 Address: 812- 425 -2428 Telephone Number Email Address Petition for Annexation Page 2 of 2 Acknowledgement Indiana State of T* *ate County of rti *04" *aM Vanderburgh Before me. the undersigned authority, on this day personally appeared Barry A. Schnakenburg & William P Schnakenburgknown to me to be the person(s) whose name(s) is /are subscribed hereto, and who acknowledged that he /she /they executed the same for the purposes and consideration therein expressed. To certify which, witness my hand and official seal on this the h,� G� day of Notary Public * State o"t!kX *A*` r INDIANA (ceal) Nancy P. Herbert 2/8/10 Notary's Frame Printed or Typed State of Texas 5 County of This instrument was acknowledged before me on by as of a corporation, a behalf of said corporation. To certify which. which witness my hand and official seal on this the day of Notary Public * State of T E X A S (seal) Notary's Name Printed or Typed AFTER RECORDING RETURN' TO: City of Baytown Attn: City Clerk's Office P O Box 424 Baytown. Texas 77522 -0424 AUG -02 -06 14:49 FROM- COIA,ERCE TITLE 281 -420 9555 T -678 P- 002/005 F -787 AFTER RECORDING RETURN TO: COM MRCE TITLE COMPANY 700 Rollingbrook Drive Suite 'Ell Baytown, Texas 77521 GF No. 183849 General Warranty Deed NOTICE OF CONFIDENTIALITY RIGHTS If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' icense Number. Date: The e day of , 2006 Grantor: STEGER AND CHAVASON GENERAL PARTNERSHIP, a partnership consisting of H. DENNIS STEGER and TOM CHAVASON Grantor's Mailing Address: [include county) 5231 Garth Road Baytown, Texas 77521 (Harris County) Grantee: BAYI'OWN PARTNERS, LLC Grantee's Mailing Address: [include county] 1701 First Avenue Evansville, Indiana (Vanderburgh County) Consideration: TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable consideration. AUG -02 -Oe 14:49 FROM- COMLERCE TITLE 281 -420 9555 T -678 P.003/005 F -787 Property (including any improvements): A 4.86 acre tract or parcel of land situate in Block 140, of ELENA FRUIT AND COTTON FARMS, Unit "D ", according to the map or plat thereof recorded in Volume 7, at Page 48, of the Map Records of Harris County, Texas, said 4.86 acre tract being all of that same called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerks File No. P060937 and corrected in Harris County Clerks File No. P165312 said 4.86 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and 'incorporated herein for all purposes. Reservations from Conveyance: NONE Exceptions to Conveyance and Warranty: (i) Any Liens described as part of the Consideration, and any other Liens described in this Deed as being either assumed or subject to which title is taken; (ii) all validly existing easements, rights -of- way, and prescriptive rights, whether of record or not; (iii) all presently recorded and validly existing instruments, other than Liens and Conveyances, that cover and/or affect the Property; and (iv) all validly assessed maintenance fees, standby fees, taxes, and assessments by any taxing authority and/or other entity, for the year 2006, which items have been prorated by and between the Grantor and the Grantee as of the date of this Deed, and which items the Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys the Property to Grantee, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property, to Grantee and Grantee's heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. STEGER AND CHAVASON GENERAL PARTNERSHT (� B y: / H. DENNIS STEGER — ner By: `'�— TOM CHAVASON — Farmer AUG -02 -06 14:49 FROM- COWERCE TITLE THE STATE OF TEXAS § 281 - 420 9555 T -678 P- 004/005 F -787 COUNTY OF HARRIS § This insm=ent was aclmowledged before me on the �) day of 12006, by H. DENNIS STEGER and TOM CHAVASON, the Partners STEGE ANA VASON GENERAL PARTNERSHIP, a Texas General Partnership ,�in a apacity therein stated, as the act and deed of such Partnership. /--1- A LAURA MARIE ROBINSON ,�'; • s Notary PLM41f . State of Texas My Commis'-ion Expires February 17, 2008 PREPARED BY: DANIEL R ELKINS 4619 Country Club View Baytown, Tcx2s 77521 DE/de CD.ENf Try-$ET.183849.wpd NOTARY VUBUC$N FOR THE STATE OF ANNEXATION DESCRIPTION 3.25 ACRES ON GARTH ROAD Being a 3.25 acre tract or parcel of land situate in Block 140 of Elena Fruit and Cotton Farms, Unit "D ", according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, said 3.25 acres tract being a portion of a called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Hams County Clerks File No. P060937 and corrected in Harris County Clerks File No. P165312 said 3.25 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 1/2" iron rod found on the west line of Garth Road, for the northeast corner of a called 3.76 acre tract as described in deed recorded in Harris County Clerks File No. B800908 and the southeast corner of the said called 4.8532 acre tract, said point having a State Plane Coordinate System, South Central Zone, NAD 83 coordinate of N 13853329.8576 and E 3243977.5536; THENCE S 7720'546" W, along the south line of the said called 4.8532 acre tract, a distance of 240.02 feet, to a point for corner on the existing west city limit line 30D feet west of the centerline of Garth Road, for the southeast comer and POINT OF BEGINNING of the herein described tract; THENCE S 77 °20'56" W, continuing along the south line of the said called 4.8532 acre tract, a distance of 484.26 feet to a 1/2" iron rod with plastic cap stamped "RPLS 4980" found for the southwest corner of the herein described tract;; THENCE N 1 [54'26" W, passing at 177.88 feet a'h" iron rod found for the southeast corner of a called 6.7 acre tract as described in deed recorded in Harris County Clerks File No.L477681, and continuing for a total distance of 292.62 feet, to a I/2" iron rod found for the southwest corner of a called 4.00 acre tract as described in deed recorded in Harris County Clerks File No. R051109 and the northwest corner of the herein described tract; THENCE N 77 °21'27" E, passing at 38.21 feet a 1 /2" iron rod found in a tree for a southeast corner of the said called 4.00 acre tract and the southwest corner of a called 1.00 acre tract as described in deed recorded in Harris County Clerks File No.P797035, and passing at 473.85 feet a 1/2" iron rod found for the southeast corner of the said called 1.00 acre tract and the southwest comer of a called 0.528 acre tract as described in deed recorded in Harris County Clerks File No. N551510, and continuing for a total distance of 483.94 feet, to point for corner for the northeast corner of the herein described tract; THENCE S 11'58'13" E, along the said existing city limit line, a distance of 292.54 feet, to the POINT OF BEGINNING, containing a calculated area of 3.25 acres of land. Notes: This document was prepared under 22TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. This field note description is part of the plat of same date. The bearings shown hereon are referenced to State Plane Coordinate System, South Central Zone, NAD 83. K MCCLELLAN NO- 4980