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Ordinance No. 10,643Published in the Baytown Sun on July 20, 2007 ORDINANCE NO. 10,643 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 AN 11.5093 ACRE TRACT OF LAND SITUATED IN THE T. RISTERGEN SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT OF LAND CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED AUGUST 21, 1951, AND RECORDED IN VOLUME 2330 AT PAGE 380 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED MAY 7, 1948, AND RECORDED IN VOLUME 1769 AT PAGE 264 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS 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 annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 12* day of June, 2007, 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 30* day of May, 2007, 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 20th day of May, 2007, 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, 2007, was 34.5 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: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit: SEE EXHIBIT "A" Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 3: In accordance with Texas Local Government Code Annotated § 43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is on file in the City Clerk's office. Said service plan is incorporated herein by this reference for all intents and purposes as if fully copied at length and attached hereto. Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED.IREAD and PASSED by the affirmative vot^ of the City Council of the City of Baytown this the 12* day of July, 2007. DONCARLOS, Mayor APPROVED AS TO FORM: RAMIREZ, SR., ($> Attorney INTRODUCED, READ and PASSED on day of , 2007. ATTEST: LORRI COODY, City Clerk APPROVED AS TO FORM: MCIO RAMIREZ, SR., Cit R:\Karen\filcj\Cily CounciI\Ordinances\2007\July 12\Ann«aiionofl 1+Acres.doc Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 3: In accordance with Texas Local Government Code Annotated § 43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is on file in the City Clerk's office. Said service plan is incorporated herein by this reference for all intents and purposes as if fully copied at length and attached hereto. Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUeED,:READ and PASSED by the affirmative vote" of the City Council of the City of Baytown this thsf 12*.etey of July, 2007. DONCARLOS, Mayor APPROVED AS TO FORM: OefNACIO RAMIREZ, SR., <gt> Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the day of , 2007. ATTEST: STEPHEN H. DONCARLOS, Mayor LORRICOODY, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\CityCouncil\Ordinonces\2007\July l2\Annexalionof11 + Acres.doc Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 3: In accordance with Texas Local Government Code Annotated § 43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is on file in the City Clerk's office. Said service plan is incorporated herein by this reference for all intents and purposes as if fully copied at length and attached hereto. Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12lh day of July, 2007. STEPHEN H. DONCARLOS, Mayor ATTEST: LORRI COODY, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 23rd day of August, 2007. BRANDON CAPETILLO, Mayor Pro Tem L0R7 APPROVED'AS; TO FOilM: 5ACIO RAMIREZ, SR., fijy Attorney R:\Karcn\Files\City C'oiincilVOrdinanccs\2007\Augusl 23\Annc*otionofl 1+Acres.doc EXHIBIT "A" STATE OF TEXAS) COUNTY HARRIS) ANNEXATION FIELD NOTES) FIELD NOTES of an 11.5093 acre tract of land situated in T. Ristergen Survey, Abstract 1425, Harris County, Texas and being out of and a part of that certain called 15.095 acre tract of land conveyed by L. D. Wilbum and Theo Wilbum to Jess W. Maybin and May D. Maybin by Deed dated August 21,1951 and recorded in Volume 2330 at Page 380 of the Deed Records of Harris County, Texas and out of and a part of that certain called 15 095 acre tract conveyed by L. D. Wilbum and Theo Wilbum to Jess W. Maybin and May D Maybin by Deed dated May 7,1948 and recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas. This 11.5093 acre tract of land is more particularly described by the following metes and bounds, to-wit: NOTE-BEARINGS ARE BASED ON PLAT BEARINGS AND FOUND MONUMENTS IN THE NORTH LINE OF THAT CERTAIN MINOR PLAT OF RICHARD J. THOMSON, JR. 0.831 ACRE TRACT OF LAND AS RECORDED UNDER COUNTY CLERK'S FILE NO. U980616 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 1 inch iron pipe found in the West right-of-way line of Garth Road (right-of-way width varies) for the Southeast comer of the residue of said called 15.095 acre tract described in Volume 1769 at Page 264 acre tract of land and the Northeast comer of said Thomson 0.831 acre Minor Plat. THENCE: South 79°25'36" West along the South line of said called 15.095 acre tract described in Volume 1769 at Page 264 and the North line of said Thomson Minor Plat for a distance of 240.01 feet to a point in the existing City Limits of the City of Baytown, Texas for the Southeast comer and POINT OF BEGINNING of this tract. THENCE: Continue South 79°25'36" West along the South line of this tract, the South line of said called 15.095 acre tract described in Volume 1769 at Page 264, the North line of said Thomson Minor Plat, the North line of that certain 0.372 of an acre (Parcel 2) conveyed by Richard J. Thomson, Jr. to Ignacio Alfaro by Deed dated January 6,2005 and recorded under County Clerk's File No. Y275697 of the Official Public Records of Real Property of Harris County, Texas, the North line of that certain 6.7 acre tract conveyed by Xuan Systems, Inc. to Richard J. Thomson, Jr., Trustee by Deed dated December 17,1987 and recorded under County Clerk's File No. L477681 of the Deed Records of Harris County, Texas and the North line of that certain 3.336 acre tract of land (Tract One) conveyed by Ovid J. Rogers, et al, Trustees, to Luther Glenn Yarbrough, et ux, by Deed dated March 18, 2002 and recorded under County Clerk's File No. V731980 of the Official Public Records of Real Property of Harris County, Texas, for a distance of 1055.87 feet to a 1 inch galvanized iron pipe found for the Northwest comer of said 3.336 acre, the Northeast comer of that certain 4.185 acre tract conveyed by O. J. Rogers, et ux, to Houston Lighting and Power Company by Deed dated October 24,1955 and recorded PAGE 2-11.5093 ACRE ANNEXATION FIELD NOTES. in Volume 3055 at Page 345 of the Deed Records of Harris County. Texas^ the Southeast r«T»«-of that certain 2 7586 acres (called 2.756 acres) conveyed by Jess W. Maybm, et uxTo Hois onSingandPower CompanybyDeeddatedNovember 14,1955 and record^Volume 3074 at Page 644 of the Deed Records of Harris County, Texas and the Southwest corner of this tract. -North 11°03'29" West along the West line of this tract and the East line of S acres for a distance of 475.00 feet to a point for the Northwest comer of this tract. THFNCE-North 79°22'51" East along the North line of this tract, over and across said I?55^described in Volume 2330 at Page 380, for a distance of 1046 37 feet to a point in the existing City Limits of the City of Baytown, Texas for the Northeast comer of this tract. Said point being in a curve to the left, concave Easterly. THENCE-Along and around said curve to the left, in a Southerly direction, along the exisdng City Limits of the City of Baytown, Texas and the East line of this tract, parallel with Irfd 300 feet West of the existing centcrline of Garth Road, sa.d curve havmg a radius of 2300.00 feet, a central angle of 02°ir32" and a chord bearing and distance of South 13°07'18" East 88.00 feet, for an arc length of 88.01 feet to a point for the TERMINATION POINT of said curve. THFNCE-South 14°20'25" East along the East line of this tract and the existing City Limits of me City of Baytown, Texas, parallel with and 300 feet West of:the eating centerline of Garth Road, for a distance of 109.15 feet to a pomt for the BEGINNING POINT of a curve to the right, concave Westerly. THENCE-Along and around said curve to the right, in a Southerly direction, along the existing City Limits of the City of Baytown, Texas and the East line of this tract, parallel with and 300 feet West of the existing centerline of Garth Road, said curve having a radius of 1820.00 feet, a central angle of 04"12'23" and a chord beanng and distance of South 12°08'35" East 133.58 feet, for an arc length of 133.61 feet to a point for the TERMINATION POINT of said curve.