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Ordinance No. 10,861Published in the Baytown Sun on March 29, 2008 and March 31,2008 ORDINANCE NO. 10.861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, ADDING A 4.88 ACRE TRACT OR PARCEL OF LAND SITUATED IN BLOCK 140 OF ELENA FRUIT AND COTTON FARIMS. UNIT "D," A SUBDIVISION SITUATED IN IIARRIS COUNTY, TEXAS. ACCORDING TO THE �+IAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND BEING A PORTION OF THE CON413INA-FION OF 2 TRACTS AS DESCRIBED IN 1) DEED FROM DAN HUTCHING TO THE BOARD OF TRUSTEES OF GARTH ROAD BAPTIST CHURCH AND RECORDED IN VOLUME 4630, PAGE 556 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS AND 2) DEED FROYI COASTAL LAND AND DEVELOPMENT COMPANY. INC., TO TI -iE BOARD OF TRUSTEES OF CART} I ROAD BAPTIST CHURCH AND AS RECORDED IN VOLUME 5341 PAGE 438 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, SAVE AND EXCEPT A CALLED 0.209 ACRE TRACT TO I IARRIS COUNTY FOR THE WIDENING OF GARTH ROAD AS DESCRIBED IN HARRIS COUNTY CLERKS FILE NO. F793461, AND BEING 7.30 ACRES: 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(l) 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 TI IERIFORE BE IT ORDAINED BY THE CITY COU -NCI- OF THE CITY OF BAYTOWN, TEAS: 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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed: provided however.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 sane 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 ofcircunistaices and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect fi-om and after ten (1 O) days From its passage by the City Council. The Interin-i City Clerk is hereby directed to give notice hereof by CMIS,ing the capHon of the m1mance 10 hL' ill III C (fl'ficia nev Spaper of" the City of Baytown at {em ' lwke mil W ten ( 10) days analmsage or wis (m,pamr. 10TITODUCED, RHAD and PASSM by the alfih-wmh k, iOte Of the City Counci I Of the this the-27' 'dav of,'vlarch, 2008. Y x; , ryry rye Iy. N K iMerin c"i"(WC10,11 APPROVU'D ,,\S TO FORM: c—I e"AGNACK) TANIIkt-" SR,(('Jt�' Attonicy 20 o"", 'dm ,ti I ,dd 4 -t(YC STFA)j,1L'-,NrTT Being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D ", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres, said 4.88 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 above described 7.30 acre tract, said point having a State Plane Coordinate System, South Central Zone, NAD 83 coordinate of N 13853329.86 and E 3243977.55; THENCE S 77 020'56" W. along the north line of the said 7.30 acre tract, a distance of 240.02 feet, to a point for comer on the existing west city limit line 300 feet west of the centerline of Garth Road, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE S 11 058' 13" E, over and across the said 7.30 acre tract, along the west line of the said existing city limit line, a distance of 439.14 feet, to a point for corner on the south line of the said 7.30 acre tract, for the southeast corner of the herein described tract; THENCE S 77 020'29" W, continuing along the south line of the said called 7.30 acre tract, a distance of 484.74 feet to a' /" iron pipe found for the southwest corner of the said called 7.30 acre tract and the southwest corner of the herein described tract THENCE S 11 054'26" E. along the west line of the said 7.30 acre tract, a distance of 439.21 feet, to a 1/2" iron rod with plastic cap stamped "RPLS 4980" found for the northwest corner of the said 7.30 acre tract and the northwest corn of the herein described tract; THENCE N 77 020'56" E, along the north line of the said 7.30 acre tract, a distance of 484.26 feet, to the POINT OF BEGINNING, containing a calculated area of 4.88 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 .S. NO. 4980 -2007 EMIT A