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Ordinance No. 10,685ORDINANCE NO. 10,685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 3; 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. 3 is hereby redistricted by the addition of that property which is described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 23rd day of August, 2007^ -> " BRANDON CAPETILLO, Mayor Pro Tern APPROVED AS TO FORM: IO RAMIREZ, SR/Cj>y Attorney R:VKarcnVFi|csVCityCoUncilVOrdinanceSN2007\Aueusl23VAddl1McreS2CouncilDiS,nc,3.do EXHIBIT MA" 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. 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 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 79O25*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 corner 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. io 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 a, Page 3,5 of that certain 2.7586 the Southwest corner of this tract. tract. with and 300 feet West TERMINATION POINT of said curve THENCE: South a POINT of a curve to the right, concave Westerly. ifcRMlNATION POINT of said cunx. 14,1955 and chorf bearing and distance of