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Ordinance No. 10,767ORDINANCE NO. 10,767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THE 50.4864 ACRE TRACT 1 (CALLED 50.4509 ACRES BY DEED) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH ALL OF THAT CERTAIN 2.3021 ACRE TRACT (CALLED 2.33 ACRES BY DEED) OF LAND CONVEYED BY DELMAR WAYNE BRAZELL TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004, AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS TO COUNCIL DISTRICT NO. 5; 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. 5 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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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^ City of Baytown this the 13^dayof December, 2007. LO (7 rote of the City Council of the STEPHEN H. DONCARLOS, Mayor APPROVED AS TO FORM: NACIO RAMIREZ, SRUEity Attorney R:\Karen\Files\CityCouncil\Ordinanccs\2007\Deceiiiber !3\Add52+Acres2CouncilDistricl5.doc STATE OF TEXAS) COUNTY OF CHAMBERS) FIELD NOTES of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2. 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas: together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. This 52.7885 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 SOUTH LINE OF DEVINWOOD SUBDIVSION, PHASE II, ACCORDING TO THE PLAT OF SArD SUBDIVISION RECORDED UNDER COUNTY CLERK'S FILE NO. 17925 OF THE PLAT RECORDS OF CHAMBERS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a '/: inch iron rod found in the East right-of-way line of State Highway 146 (120 feet wide right-of-way) at the Northwest comer of a called 9.028 acre tract of land conveyed to Oswaldo Morales by Deed recorded in Volume 704 at Page 657 of the Deed Records of Chambers County, Texas. Said point being the Westernmost Southwest comer and POINT OF BEGINNING of this tract. THENCE: North 07°08'55" East along the Westernmost West line of this tract and the East right-of-way line of said State Highway 146 for a distance of 173.56 feet to a 2 inch iron pipe found for an exterior comer of this tract and the Southwest comer of that certain called 3.92 acre tract conveyed to Pablo and Yolanda Fuentes by Deed recorded in Volume 886 at Page 274 of the Official Public Records of Chambers County, Texas. THENCE: North 77°50'50" East along an interior line of this tract and the South line of said called 3.92 acres for a distance of 2310.41 feet to a '/: inch iron rod, with cap marked "Henicke", found for an interior comer of this tract and the Southeast comer of said called 3.92 acres. THENCE: North 08°0029" East along an interior line of this tract and the East line of said called 3.92 acres for a distance of 74.95 feet to a '/: inch iron rod, with cap marked "Henicke", found for an ancle point in said line at the Northeast comer of said called 3.92 acres and the Southeast comer of that certain tract conveyed to D. C. Bran I ley, Trustee by Deed recorded in Volume 926 at Page 428 of the Official Public Records of Chambers County. Texas. EXHIBIT A PAGE 2 -52.7885 ACRES. THENCE: North 07°46'22" East along an interior line of this tract and the East line of said Brantley tract for a distance of 75.11 feet to a V* inch iron rod. with cap marked "Wilson", found for an angle point in said line at the Northeast comer of said Brantley tract and the Southeast comer of Devinwood Subdivision, Phase II as recorded under File No. 17925 of the Plat Records of Chambers County, Texas. THENCE: North 08°39'48" East along an interior line of this tract and the East line of said Devinwood Subdivision, Phase II, and at 21.35 feet pass a V* inch iron rod, with cap marked "Wilson", found for the Southeast comer of Lot 33, Block 4 of said Subdivision; in all, a total distance of 75.49 feet to a V* inch iron rod, with cap marked "Wilson", found for an angle point in said line at the Northeast comer of Lot 33 and the Southeast comer of Lot 34, Block 4 of said Subdivision. THENCE: North 12°11' 13" West along an interior line of this tract and the East line of said Devinwood Subdivision, Phase II, for a distance of 556.66 feet to a V* inch iron rod, with cap marked "Wilson", found for the Northeast comer of said Subdivision and an interior comer of this tract. THENCE: South 77°52'42" West along the Westernmost North line of said Devinwood Subdivision, Phase II and an interior line of this tract for a distance of 1089.21 feet to a V* inch iron rod, with cap marked "Wilson", found in the East line of Amending Plat of Devinwood Subdivision, Phase I as recorded in Volume "A" at Page 264 of the Plat Records of Chambers County, Texas, for the Northwest comer of said Devinwood Subdivision, Phase II and an exterior comer of this tract. THENCE: North 12°07'25" West along an interior line of this tract and the East line of said Amending Plat of Devinwood Subdivision, Phase 1 for a distance of 566.50 feet to a V* inch iron rod found in ditch for an interior comer of this tract and the Northeast comer of said Amending Plat of Devinwood Subdivision, Phase I; from which a *A inch iron rod, with cap marked "Henicke". (found) bears North 21°14'02" West 8.32 feet. THENCE: South 76C52* 15" West along an interior line of this tract and the North line of said Amending Plat of Devinwood Subdivision, Phase 1 for a distance of 712.77 feet to a concrete right-of-way monument found in the East right-of-way line of State Highway 146 for an interior comer of this tract and the Northwest comer of said Amending Plat of Devinwood Subdivision, Phase I. PAGE 3 -52.7835 ACRES. THENCE: North 12°27'25" East along an the Northernmost West line of this tract and the East right-of-way line of said State Highway 146 for a distance of 27.72 feet to a 3/8 inch by 8 inch spike set for the Southwest corner of said called 2.33 acres for an angle point in this line: from which a ■/: inch iron rod (found) bears South 48°23 06" West 6.78 feet. THENCE: North I2°27'24" East along the Northernmost West line of this tract, the East right-of-way line of said State Highway 146 and the West line of said called 2.33 acres for a distance of 194.70 feet to a V* inch iron rod found for the Northwest corner of said called 2.33 acres, the Southwest comer of the residue of the W. W. Daniel 125 acre tract of land conveyed to Vaughn W. Davidson, Trustee, by Deed recorded in Volume 744 at Page 284 of the Official Public Records of Chambers County, Texas, and the Northwest corner of this tract. THENCE: North 77°21 '49" East along the Westernmost North line of this tract, the North line of said called 2.33 acres and the South line of said residue of the W. W. Daniel 125 acre tract for a distance of 547.25 feet to a 5/8 inch iron rod found for the Northeast comer of said called 2.33 acres for an angle point in said line; from which a 3A inch iron rod (found) bears South 40°00'32" West 2.45 feet. THENCE: North 74°53'24" East along the Westernmost North line of this tract and the South line of said Davidson tract for a distance of 1036.58 feet to a *A inch iron rod found for an exterior corner of this tract and an interior comer of said Davidson tract. THENCE: South 17°16'09" East along an interior line of this tract and an exterior line of said Davidson tract for a distance of 374.75 feet to a V* inch iron rod found for an interior comer of this tract and an exterior comer of said Davidson tract. THENCE: North 80° 14 31*' East along an interior line of this tract and an exterior line of said Davidson tract for a distance of 300.89 feet to a V* inch iron rod found in a Hackberry Tree for an interior comer of this tract and an exterior comer of said Davidson tract. THENCE: North I2°31 *29' West along an interior line of this tract and an exterior line of said Davidson tract for a distance of 171.39 feet to a 3A inch iron rod found in a Hackberry Tree for an exterior comer of this tract and an interior comer of said Davidson tract. PAGE 4 -52.7885 ACRES. THENCE: North 78° 11' 13" East along the North line of this tract and the South line of said Davidson tract for a distance of 383.89 feet to a V* inch iron rod found in the West right-of-way line of the Houston Lighting & Power Company 250 feet wide right-of-way as described in Volume 292 at page 613 of the Deed Records of Chambers County, Texas, for the Northeast comer of this tract. THENCE: South 15°34'45" East along the East line of this tract and the West line of said Houston Lighting & Power Company 250 feet wide right-of-way for a distance of 1519.19 feet to a '/: inch iron rod, with cap, set for the Southeast comer of this tract and the Northeast comer of a 10.00 acre tract of land conveyed to West Texas Drum Company, LTD, II by Deed recorded in Volume 694 at Page 127 of the Official Public Records of Chambers County, Texas. THENCE: South 76°53 04'* West along the Easternmost South line of this tract and the North line of said 10.00 tract for a distance of 689.62 feet to a ■/: inch iron rod, with cap marked "Henicke", found for an interior corner of this tract and the Northwest comer of said 10.00 acre tract. THENCE: South 19859*32" West along an exterior line of this tract and the West line of said 10.00 tract, a distance of 21.20 feet to a '/: inch iron rod, with cap marked "Henicke", found in the South line of said Armstrong Survey and the North line of the Christian Smith Survey, Abstract 22, Chambers County, Texas, for an exterior comer of this tract and the Northeast comer of a residue tract of a 179.746 acre tract (Tract 1) conveyed to David Kadjar by Deed recorded in Volume 457 at Page 315 of the Deed Records of Chambers County, Texas. THENCE: South 76°59'35" West along the Southernmost South line of this tract, the South line of said Armstrong Survey, the North line of said Smith Survey, and the Easternmost North line of said residue tract for a distance of 223.20 feet to a lA inch iron rod, with cap marked "Henicke''. found for an exterior comer of this tract and an interior comer of said residue tract. Said point being in the East line of the heretofore mentioned called 9.028 acre tract. THENCE: North O7°30'52" East along an exterior line of this tract and the East line of said called 9.028 acre tract for a distance of 17.31 feet to a V* inch iron rod found for an interior comer of this tract and the Northeast comer of the heretofore mentioned called 9.028 acre tract. PAGE 5 -52.7885 ACRES. THENCE: South 77°54'42" West along the Westernmost South line of this tract and the North line of said called 9.028 acres for a distance of 2208.64 feet to the PLACE OF BEGINNING and containing within these boundaries 52.7885 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, and that all lines, boundaries and landmarks are accurately described therein. WITNESS ray hand and seal at Baytown, Texas, this the 20lh day of August, A. D., 2007. Ramsey Registered Professional Land Surveyor No. 4379 07-2965B.52.7885ac.fdn.doc J L XT BAYTOWN 565, L.P. \\ rt&i ng k--i > _ T --n \' Legend [ j sde SDE.ChamParcelsO7 sde SDE. ParcelsNOV05 sde SDE. City Limit