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Ordinance No. 10,884Published in the Baytown Sun on May 12, 2008 ORDINANCE NO. 10,884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 127.6412-ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND THE B. B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED 23.407 ACRES TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED 92.706 ACRES TRACT 3) 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 RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN 250 FOOT WIDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25 FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS, AND PART OF THAT CERTAIN 50- FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED RECORDS OF CHAMBERS 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 10 day of April, 2008, 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 30th day of March, 2008, 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 3rd day of April, 2008, 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, 2008, was 35.6 square miles; and WHEREAS, the population of the City oi' Baytown, Texas, is approximately 73,959 inhabitants; and WHEREAS, the below described territories lie within the extraterritorial jurisdiction of ihe City of Baytown, Texas; and WHEREAS, the below described territories He 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 Baylown 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 sendee 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 passim the manner provided in Article L Section 9, of the Charter of the City of Baytown, Tcxasi INTRODUCED, READ and PASSED by the affirmatjX^ci vote of the City Council of the f Baytown this the 8lh day of May, 2008. STEPHEN II. DONCARLOS. Mavor 'Wf Hltt DARNELL, City Clerk APPROVED AS TO FORM: tfGNACIO RAMIREZ, SR., Ci^Utorney INTRODUCED, READ and PASSED on the SECOND AND pJNAL READING this the day of CUjma j 2008. ATTEST: STEPHEN H.TONCARLOS, Mayor KAYTfHIE DARNELt, City Clerk APPROVED AS TO FORM: •HfeNACIO RAMIREZ. SR./bity Attorney R:\Karon\Files\City Counoil^OidiQancosaOOg^May SVAnnexationofl 27-t-Acres.doc -I STATE OF TEXAS) COUNTY OF CHAMBERS) ^rf °Ka '"I7-6412 acre tract of la"d situated in the Jacob Am.stn.ng Survey act 2 Chambers County, Texas and the B. B. B. & C. Railroad Survey Abstract 6 Chambers County. Texas and being all of that certain 23.4590 acres (called 23 407 acre S al 1 r C°rtain 91S'?2 aCrBS (called 91706 acres-Tr^ 3> conveyed by ^* ° ° ° Keding 3nd S Kli b Dd ^ l 1 r aCrBS (called 9 ? ->004 H ^hr* °v i° °-Keding 3nd S°nya KeelinS b> D<*d ^ted November 2 2004 and recorded ,n Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with part of that certain 250 feet wide strip of land pi'6^ o°f th°nt0H R'ghti,ng°?,P°WerCOmpa"> by Deed "«»«««•in Volume^ at wtde Jn n C h °;dS f ChamberS C°Unty' Texas; Part of that certain 25 feet vv.de stnp of land conveyed to Southern Pacific Railroad by Deed recorded in Volume T, a'rt S%6^ °f th!,OffiCial Pub'iC ReCOrds °f Cambers County Tex2 and jlrt of ^T v fe6t "It StnDP °f'and C°nVeyed t0 Southem Pacific Railroad by Deed Ifl In t 8° a'f a8f608 of the De«< R^ds of Chambers County, Texas bounds to-w[t: '^ 'S "^ ParticuIa^ d«-bed by the foUowi/g metes NOTE: BEARINGS ARE BASED ON PLAT BEARINGS AND FOUND 5^»MENTS W ™E SOU™ LINE OF DEVINWOOD SUBDIVSION PHASE II ACCORDING TO THE REPLAT OF SAID SUBDIVISION RECORDED UNDER ?%%? CLERK'S RLE N°-l7925 OF THE pLAT RECORDS OF cSSerS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION BEGINNING at a « inch iron found in the East line of said Armstrong Survey the Northernmost West line of said B. B. B. & C. Railroad Survey and the West line o Tn nd3208 8;c;e r,conveyed by Uneiie H°pe johns°n-«t«S by Deed recorded ,n Volume 909 at Page 568 of the Official Public Records of Chambers County, Texas for the Southeast comer of the residue of the W. W. Daniel 125 acreTact ofT Of/0 7S^ I Da:idS°n' TrUStCe by Deed recorded in ™*™ 744 at Pat T«4 2i«? P"b'c Records of Chambers County, Texas. Said point being the Northeast corner ot the heretofore mentioned 9^817? acre tract inM h,.;™ ,t» v corner and POINT OF BEGINNING of this tract 8 THENCE: South 78'28'48" West along the North line of said 92.311-acres the South line of sa,d Dav.dson tract and the North line of said 23.4590 acres, and a, "60 7 £* pass a 3 3 ,nch iron found in the East line of the Southern Pacific Railroad 75 feet vvkle ngh -ot-vvay ,,he East 50 fee, described in Volume 130 at Page 60S of the Deed R cots of SSff" Tp°UMy-JeXaS,andfthe WeS1 25 feel ***** '" Volume 493 at Page 6S5 sa d 9 °3 -L" " f^v°/C" °/Chambers C°«"'y-T«as) for the Northwest comer of sa d 9 SI acre, a 23j522 feet !i ih i sa d 9 3 -f^v//ambers C°«"'y-T«as) for the Northwest comer o sa d 9 SI . acre,, a 23j5.22 feet pass a !-i inch iron rod, with cap #4980 found in the W est hne ot sa,d Railroad tract for the Northeast corner of said ^3 4<90 acres "r. a"l a total distance of 28.6.3, fee, ,0 a ■„ inch iron rod. with cap. tbundfor an angle pot ,'„ PAGE 2 -127.6412 ACRES FOR ANNEXATION. THENCE: South 78° 11' 13" West along the North line of said 23.4590 acres and the South line of said Davidson tract and at 235.19 feet pass a ': inch iron rod, with cap round in the East line of the heretofore mentioned Houston Lighting and Power Company Tract; rrom which a ' 2 inch iron rod, with cap #4980 (found), bears North 55'57'50" East 0.32 t'^v, in all. a total distance of 485.739 feet to a fc inch iron rod found in the West line of said Houston Lighting and Power Company Tract for the Northwest corner of this tract and the Easternmost Northeast corner of that certain 50.4864 acre tract (called 50.4509 acres-Tract I) 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 Pa»e 648 of the Official Public Records of Chambers County, Texas. THENCE: South I5°34145" East along the Northernmost West line of this tract, the West line of said Houston Lighting and Power Company Tract and the Easternmost East line of said 50.4864 acres for a distance of 1519.19 feet to Vi inch iron rod, with cap, found for the Southwest corner of this tract, the Southwest corner of said Houston Lighting and Power Company Tract, the Southeast corner of said 50.4864 acres, the Northwest comer of that certain 250 feet wide strip of land conveyed to Houston Lighting and Power Company by Deed recorded in Volume 291 at Page 430 of the Deed Records of Chambers County, Texas and the Northeast corner 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: North 81 °20'22" East along the South line of this tract, over and across said Houston Lighting and Power Company Tract for a distance of 251.83 feet to a V2 inch iron rod, with cap, found in the East right-of-way line of said Houston Lighting and Power Company Tract for the Southwest corner of said 23.4590 acres and the Northwest comer of that certain 15.844 acre tract conveyed to Geonan Corp. by Deed recorded in Volume 223 at Page 706 of the Official Public Records of Chambers County, Texas. Said point being the Northeast corner of the Christian Smith Survey, Abstract 22 and the Westernmost Northwest corner of said B. B. B. & C. Railroad Survey and being in the South line of the Jacob Armstrong Survey. THENCE: North 76'59'35" East along the South line of this tract, the Westernmost North line of said B. B. B. & c. Railroad Survey, the South line of said Armstrong Survey, the North line of said 15.844 acres and the South line of said 23.4590 acres for a distance of 625.89 feet to a W inch iron rod found for an angle point in said line at the Southeast corner of said 23.4590 acres, the Northernmost Northeast corner of said 15 344 acres and in the West right-of-way line of said Southern Pacific Railroad 75 feet wide Tract. /J PAGE 3 -127.6412 ACRES FOR ANNEXATION. THENCE: North 76°49'4r East along the South line of this tract, the North line of that certain 6>.587 acre tract of land conveyed to West Chambers Industrial Park by Deed recorded in Volume 327 at Page 108 of the Official Public Records of Chambers County Texas, the South line of said 92.8172 acres, the South line of said Armstrong Survey and' the Westernmost North line of said B. B. B. & C. Railroad Survey, over and across said Railroad and at 75.05 feet pass a H inch iron rod found in the East line of said Railroad at the Westernmost Southwest corner of said 92.8172 acres and the Northwest corner of said 65.587 acres; in all, a total distance of 1460.07 feet to a 5 8 inch iron rod found for an interior corner of this tract, an interior corner of said 92.8172 acres and the Northeast corner of said 65.587 acres. THENCE: South 12°40'49" East along the Southernmost West line of this tract the Southernmost West line of said 92.8172 acres and the East line of said 65.587 acres for a distance of 841.47 feet to a '/2 inch iron rod, with cap, found in the South line of the B B B. & C. Railroad Survey and the North line of the R. A. Porter Survey, Abstract No 205 for the Southernmost Southwest corner of this tract, the Southernmost Southwest comer of said 92.8172 acres, the Southeast comer of said 65.587 acres and the Northwest comer of that certain tract of land conveyed to Baytown LTD #56 by Deed recorded in Volume 320 at Page 621 of the Deed Records of Chambers County, Texas. THENCE: North 78°25'26" East along the Easternmost South line of this tract the South line of said B. B. B. & C. Railroad Survey, the North line of said Porter Survey and the North line of said Baytown LTD #56 tract for a distance of 631.84 feet to a concrete nght-of-way monument found for an angle point in said line at the intersection of same with the North right-of-way line of F. M. Highway 565 (80 feet wide right-of-way). THENCE: North 78°47'23" East along the Easternmost South line of this tract the South line of said B. B. B. & C. Railroad Survey, the North line of said Porter Survey the North nght-of-way line of said F. M. Highway 565 and the Easternmost South line of said 92.8172 acres for a distance of 197.52 feet to a «/2 inch iron rod, with cap, found for the Southeast comer of this tract, the Southeast corner of said 92.8172 acres and the Southwest comer of the heretofore mentioned 320.88 acre tract; from which a % inch iron rod (found) bears South 10o4l'46" West 6.39 feet. PAGE 4-127.6412 ACRES FOR ANNEXATION. Nort.h ''3|^21" West al0«g 'he East line of this tract, the East line of said *; "5' "? SaiJ Armst S * Nh t, the East line of said «HR R?; r o, ? c Armstro»g Sur«y. *« Northernmost West line of said B. B B & C Railroad Survey, and the West line of said 320.88 acres; and at 866 ">9 fee, pass the Southeast corner of said Armstrong Survey and an interior corner of said B. pcLvav? °f T' '" a"' a total dislance of 2313.88 feet to the PLACE OF BEGINNING and containing within these boundaries 127.6412 acres of land; of which 8.759 acres lies within the limits of the Houston Lighting and Power Company 250 feet wide nght-of-way tract and 2.606 acres lies within the limits of the Southern Pacific Kailroad 75 feet wide right-of-way tract. SURVEYOR'S CERTIFICATE I Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify t ^TS°TS n°teS WCre prepared from m office made by me on December 27 " "h "f1""1.?^ made on the ««"«>. u"^ my supervision in therein S' b°Undaries and landmarks are accurately described WITNESS my hand and seal at Baytown, Texas, this (he 26Ih day of December, A. D., .Juliene Ramsey ' Registered Professional Land Surveyor No. 4379 07-2965Bannexation.ac.fdn.doc 127.6412 ACRES sde. SDE.ChamParceJsO7 sde.SDE.ParcelsNOVOS sde.SDE.CityLimit