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Ordinance No. 11,339ORDINANCE NO. 11,339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF PORTIONS OF RHODIA, INC.'S BAYTOWN COMPLEX, WHICH ARE LOCATED WHOLLY OR PARTIALLY WITHIN THE INCORPORATED LIMITS OF THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR INDUSTRIAL DISTRICT NO. 1. 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 disannexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 25`h day of March, 2010, 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 12`h day of March, 2010, 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 I Vh day of March, 2010, 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, 2010, was 36.76 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 73,959 inhabitants; and WHEREAS, the below described territories lie within the corporate limits of the City of Baytown, Texas, and adjacent to Industrial District No. 1; and WHEREAS, the below described territories lie adjacent to and adjoin Industrial District No. l; 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 within the City of Baytown, Texas, and adjacent to Industrial District No. 1 are hereby removed and disannexed from the City of Baytown, Texas, and shall hereinafter be excluded from 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 exclude said areas from the corporate limits of the City of Baytown, Texas, to -wit: SEE EXHIBIT "A" Section 2: The above described territories and the areas so disannexed shall no longer be a part of the City of Baytown, Texas; however, no refund, pursuant to Section 43.148 of the Texas Local Government Code, shall be due to the landowners of the area since such landowners have already received such refund through past industrial district agreements with the City of Baytown. Section 3: The disannexed areas are hereby removed from all the service plans prepared by the City for the provision of municipal services. OPK opbl owl 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 Baytown this the 32 "d day of April, 2010. f- 6 V IP ATT _STy -t% LETICIA GARZf:'Ci APPROVED A 4ACIO RAMIREZ. SR., City A rney INTRODUCED. READ and PASSED on the SECOND AN of .2010. t f = = STEP ATT�- Alt- 1-11110 A`�AffiZA. CityJJC5tk V APPROVED AS TO FORM: ACIO RAMIREZ. SR., Ci A rney RAKaivA ilcs\City Counci►l0rdinances120101.Apri1 221DisanncxationoMhodia.doc 2 the City Council of the City of OS, Mayor /31- READING this tll , ay , Mayor lgdlJi$iY�a PETITION REQUESTING DISANNEXATION STATE 01' TEXAS COUNTY OF HARRIS COMES NOW, Rhodia Inc. ( "Rhodia ") owner of the real property described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. and requests that such property be disannexed by the City of Baytown. Texas. Rhodia acknowledges that Rhodia has not paid ad valorem taxes to the City of Raytown on the property subject to this disannexation petition and/or the City of Baytown has already refunded all tuxes and fees collected concerning the property subject to this disannexation petition pursuant to its past Industrial District Agreements with the City of Baytown. As such. Rhodia hereby covenants and agrees that it is not entitled to any refund pursuant to Section 43.148 of the Texas Local Government Code and will make no claim for the some for tax years through 2010. Rhodia intends for this assertion and waiver to he binding upon Rhodia and to be relied upon by the City of Baytown in considering the grant of this petition. All references herein to Rhodia shall include and be binding upon their respective successors and assigns. 1 v! � Signature D o N A LO T. RD Zr/'K Printed Name` //��'. l.OJ RYAtOrt�l AItr' Title STATE OF TEXAS r; COUNTY OF HARRI�S / § Before me, OS /,SQ. r" 1AWre , the undersigned notary pub lic, on this day personally appeared *DP4gL 1,aL i Rogufrt the ro /e of Rhodia, Inc., on behalf of such corporation �nown to me; proved to me on the oath of ; or proved to me through hislter current ,description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. ... , I of office this Lid y of a►29" .2010. LISA K trlLlMORti ;/ M'/ OOi�AY008tOt�! 0Gs1Rt8 %fJ dANIJAitYg012 Notar Public in an for the State of T as My commission expires: N:tY.arrntFitrs'fity t lakNn�xmmnVtloalc�Uiss rq�rxationt'rlitior.aloc Exhibit "A" MAY 2 '94 14 :26 FROM RP BASIC BAYTOWN TO HOUSTON PLANT -AD. PAGE.015 • APZ;h-DDX A TYaet, 140, 1 BEGINNING at the point of intersection of the West right of way Mac o! Harbor Street With the. North line of the Houston Lighting L Powcr Company tract In the City of Baytown. Witt. Scott Upper Leagpe. Harris County, Texas, said PO:NT CT 3EGIIdh'1NG being furtlNer described as situated South 32 degrees 19 rni;+ptes West a distance of 49. S font front the point of interiogdon of the afore- said street West right of way line and the Nortb.ri=bt of way line of Payton ' Street, sad said point of interseetiott of said streets described as lying North 20 acgrets 26 minutes West a distance of 74.6 feet from tat. Northwest corner of Block 1 to Airkart Addition. Watt. Scott tipper Leazue, Harris County. Texas, and said point of intersection of the 'aforesaid street property lines being kuowu as point No. 35 to the City unfits of Baytvm , formerly Pelley, ss adopted by the City Council by ordinance dated April 17, 1947. said point of iatersecdoa being further identified by Humble Refinery Coordinate System as'being North 5974. q3 and W6@t 1026. it and lying n the Southern bouadsry line of toe lfmble Oil k Roffman Company Baytown Refinery Plant site; THENCE. North $2 dogrses 18 minutes East into the private property of the aforesaid Humble itaytowa plant site with a lies parallel to and 1.04 feet taste, erly, from the centerline of a private road identified as East Avenue and its Southern profeetion for a distance 9; 1795.04 feet to the centerline of a private rpsd identified as Humble Street; TMZNCE, North 57 degrees 4Z minutes West with the aforesaid eetiterlinc of HurAle Street. 1043.49 fact to thi eenterliae of a private road idealificd as Baytown Avenue; T}iME, North 31 degrees 18 mintage 8ast with the aforesaid eeaterline of Baytown Avenue.• 1636.17 fact to the centerline of a private road identified as li'sstalo Strcct within the Baytown Refit:cry property; ' .7HMClr. Korth 57 degrees 4Z minutes West with the afere +aid ceator"int of 7az4 a Street, 1075.40 lest to the centerline of aprivite roadway identified as San Jacinto Avcane;. . TIMNCE, North 32 degrees 18 minutes Ea it approxi- .ately 1756.3 felt to tae intersection of the centerline of the aforesaid San Jacinto Avenue aad the Sov.:.; . ' vlybt of "y line ci the Wooster -Cedar Bayou Road; 7MENCE, South 66 dewarcce 13 u4nutes West a distance of 61.87 Sect 830*S tae South sight of way line W the Wooster -Cedar Bayou Road to a point, said point being thti fnterieetioa of the East property line of tho Con*911deted Cbcml- eal property and the South right of way line of the Wooster -Cedar Eayou Ford; THENCE,, South 32 degrees 18 minutes West along the Ens: prope:7r Une of the Consolidated Chemical property. fifty feet from sad parallel to the cea:erui e •of'San Jaetato Avenue, a d!stazcc of 703.5Z feet to a point fez eo—az; THENCE. North S7 degrees 42 tniiutes Ifast along the Sout:aeste::y proatrty 21no of the Consolidated Cbcmical property a distance of 101.69 feet :o a 7oL-t for corner; THENCE. North 3L degrees 13 minutes mast a distance of 629.24 fee: to a ' point on thm South right of way It-.* of :'r.;,1': oe ;tar -Cadet Bayou io:.Z, c-ml ea .- , ti:.uins on t:•c same rousts a `ist=nca of 13, $7 :to: to a 7z&. —. for co.-T.07; iS�3 point bgln; ton feet perpondteularly from tan Sauna right of way ling of fret: Wooster -Cedar Bayou Roadt ' THENCE. Nort:% 86 degrees 13 minutes East, ton feet front s :d pa= z: : :c1 :o L%-.e South sight w ws.y Iron 91 Lic %Yooa:cr•CcdaT Szyou Toad a elstarce of 137.y3 feet to a. po:at for corner on t.So eaater_iac o: San Jaeiito Avcorze Ls projest•d across the Woorte- -Cedar °.a /ou ltozli; MAY 2 '94 14:27 FROM RP BASIC BAYTowN TO HMJSTON PLANT-AD PAGE.016 � . 7Hi:NCE, eon :iru =•iS T :osthesl /wit :.L•c eet :erline of :c sioscaas,+. San Jte�;io � ' Avenue and its deviations approrisrately 1392, 8 feet to as aa;le point. said paint bein; identified by the Humble Refinery Coordinate System as forth 12. S68a00 and W tot 3,100.00; THENCE,-Worth $7 degrees 42 mintatcs Wsat, 60S.33 tee. to as an ;le joint; THENCE' North .3Z degrees 1D minutes East. 300.00 feet to as am=ls point; THENCE, North S7 degrees di minutes `Hest 869.25 feet to an angle point; WHENCE, North IZ degrees 11 tltinutes %ast IZ34.27 feet to a point in the So%lb- westerly right of Way line of Decker Drive, said point being 1dcrtit:ed by the Humble Refinery Coordinate System as Nord► I4. 102. Z7 and West S, SSS.09: TH,ENCZ, Northwesterly with the Soutbwasterly riglst of way lino of Decker Drive to thgpQint of intersection of the Sou&mesterly runt of way line eel Decker Drive with a line wWab is parallel to and 100 feet Southerly and perpwodfeular to tLa • Nortb line of the WM. Scott Upper League.- THENCE. Westerly parallel to the Nortk line of the Wart. Scott Upper League but Southerly and perpendicular 100 feet distance therefrom to point, said point being situated Soutli 00 degrees 40 minutes East 100 feet and North 89 degrees 25 =in- utes East 100 feet from the point of intersection of the North line of the Wrn. • Scott Upper Leag to and the East line of the Stcinoun Tracts • •THENCE. South 00 detsc7ae 40 minutes East psrsillel to the East line of the Stria- nun Tract but perpettdieularl00 feet distance therefrom to a point opposite an angle point is Oe Stsiarnan Tract Z&st line and continuing South Zl degrees 10 tatitsutos West parhUcl to but Casterly 100 feet perpaadit:nlar to the East lisp of the Stela -z-an Tract to the Northwest corner of Defense Plant'Corpo:atios 47.81 •' acre tract ttwv owned by the United Carbon Com%pauy; ' THENCE, South 57 degrees 44 minutes East a distaacc of 674, 0 feet; . • •THENCE. South 02 degrees 16 minutes West a distance of 461.0 feet; ' TH&NCZ, North 97 degrees 44 adoutes West a distance of 701.:0 fact: f THENCE. South OZ degrees 16 t siraAcs West a distance of 739.0 feet; THENCE, Korth 57 degress 44 rMautts West a distance of $79,54 feet :o the Southwest comer ot aforesaid 47.81 acre tract. said corner bei -g aittated 100 feet Easterly from the East 14to of Sweeney Subdivinion; • THENCE. Soutrtwesterly over mad across a 100 toot stria ow ed by the Xur.+blo Oil :s Rsfising Company to the Northwest corner of Dvionce Plat Corporation 81.34 acre tract; THENCE. South 20 degrees S6 ;mutes West with tae Vest line Co., said Defense Plant Corporation 81.34 acre tract 1741.61 feet to the SovO.Wcst eo:aer of said • 81.34 sere traei, being situated in the xorth right of way line a: Cedar 9ayou• Wooster Road and perpend:ewar 40 feet from the East line of the Sweroey Sub- division; THENCE, Southerly over Lud across Cedar 9ayou- Wooster Road to *& North- West eomcr of Defense Plant Corporation S8. Z99 acre tract: iMENCE. South 20 dcgrecz'SZ minutes Vest wits. the West line of ct.:d Defeasa Plant Corporation 35. 290 see: a tract at 491.91 feet Ore most 17es: .'M corn :r of the Dofcnm Plant Co: Foe -anon tree; and co » :i: L as said '&I n= :r, *.. ;.o's.: ei intersection of said West line of Defense Plant Corporation $3.299 acre t:att pr93eet3d So%;tb 20 decree* S2 minutes West a•td t:tc Xosth6a5te:l7 ri :%t of way line of Market Street Aoad: TH-ENCE, 59vtherly with the Igor tcastcyly right o: way U-+a of V97UQt Scree: Road to the point of inter section of the Northwasterly Tien: a wry Itne of Va::Cc% -2- MAY 2 '94 14:27 4 FROM RP BASIC BAYTOWN TO i -MSTON PLANT -AD PAGE. 017 Street Road and the South line of the Defense Plant Corporation 50.299 acre tract projected North 87 degrees 44 minutes Westi THENCE. South 87 degrees 44 minutes East past the Southwesterly corner of the Defeat* Plant Corporation $8.299 zero tract. continuing South 87 de:reos 44 minutes East 1733.73 feet to the West right of way line of.the Houston North Shore Railroad: THE'ICE. South ll degrees t3 minutes West with the West right of way liege of ' said Houston North Shore Railroad to a point, said point father described as lying North U degrees 19 minutes East 71$ feet from the North line of the Houston North Shore Railroad 8.8 acre easesneat projected North 47 degrees 41 tr►rtules West; • THENCE, ow -rer azX aeros a Houston North Shore rigat of way line of whirl eertor line is*situate4 South 32 degrees 19 udautes East 854.64 feet, North 57 degrees • • 41 trtittutes West 658S. 5 feet, North U degrats 19 trtinutes East 619.62 fact. North 11 degreca 43 raitwtes East 11L 9 feet from the Northeast corner of the Houston Lighting h Power Company tract, to Qa Vest line of %be Humble Oil fr- Refining Company property continuing on a lint situated North 32 degrees 19 • minutes East 715 feet from the No'rth line of the Houston Korth Shore Railroad $.a acre easement to the point of interssetiou with the North•iine of Aald Houston Lighting.4 Power Company. tract; • • , THENCE. Easterly with the Nosh line of said Houston Lighting go Power Comp- any tract to thet POINT OF l3EGIhZ4ING. Tract No. 2;. . • DEOLMM40 at d2c most Westorly Southwest comer of the Harvey 1VWtizg Sur -' • vsy, being also tSe Northwest corner of that Wm. Seok'L•ppor League; THENCZ. Narthcrly along Ot West 11.•te of the Harvey Whitih= Survey to the • South sigbt of way line of Raker Road; . THENCE. Easterly along the South right of way line of Saker Road to a poLnt of intersection with the Easterly rigbt of way lint of the Missouri Pacific Railroad; THENCE. South.w6sterly along the Easterly right o.r hear line of Ile Missouri Paei:ie Railroad, bcia; also tbs Westerly property Mic of the Texas Eastora Transmisiliou Corporation property, to a point of intersectfouwith the $art.%- „ east line of tSe East Canal of the Stu Jacinto River Project; • THENCE, in a Southeasterly. Sout1 and SoutSwestorly direction &Zen_- the Wes' - arly property line of the Texas Easton 7r.namission Corporat :oz property and the East fine o.• tSc East Canal a' the Satz Jacinto Riyor Projoct to the South licit of the Harvey WIL.Iting Survey. same being the North Una of the Wz r Scox Upper League; ' TI:EVCZ' !,. a Westerly direct =on along the Sosta lize'of ea. NA—Z7 lsvwtrttt Survey to YAc POINT Os DEOINIMNG. Property ref-srred to -•s 'Consolidated C :ar4csl ?ra_ e:s." Ss raw . "stauVar char-"Cal 7 =0pa:.:Y: , -3- Exhibit "A" MAY 2 '94 14:28 FROM RP BASIC BAYTOWN TO HOUSTON PLANT -AD PAGE.018 THE ANNEXED PORTION OF STAUFFER CHEMICAL COMPANY IS LOCATED WITHIN THE TRACT.DESCRIBED AS FOLLOWS: BEGINNING at a point on the existing City limit line of the City of Baytown, said point being morefully des- cribed as being the intersection of the center line of San Jacinto Avenue in the Humble Oil & Refining Com- pany property and the South right -of -way line of the Wooster -Cedar Bayou Road; THENCE, South 869 13 minutes West a distance of 61.87 feet along the South right -of -way line of the Wooster - Cedar Bayou Road to a point, said point being the inter- section of the East property line of the Consolidated Chemical property and the South right --of -way line of the Wooster -Cedar Bayou Road; THENCE, South 320 18 minutes West along the East property line of the Consolidated - Chemical property, fifty feet from and parallel to the center line of San Jacinto Avenue, a distance of 703.52 feet to a point for corners THENCE, North 570 42 minutes West along the Southwesterly property line of the Consolidated Chemical property a dis- tance of 101.89 feet to a point for corner; THENCE, North 320 18 minutes East a distance of 629.26 feet to a point on the South right -of -way line of the Wooster -Cedar Bayou Road, and continuing -on the same course a distance of 12.37 feet to a point for corner, said point being ten feet perpendicularly from the South right -of -way line of the Wooster -Cedar Sauou Road; THENCE, North 869 13 minutes East, ten feet from and parallel to the South right --of -way line of the Wooster -Cedar Bayou Road a distance of 187.95 feet to a point for corner on the existing City limit line of the City of Baytown; THENCE, South 329 18 minutes West along the existing City limit line of the City of Baytown a distance of 12.37 feet to the POINT OF BEGINNING. Being a tract of land containing 1.99 acres, of which 1.5588 acres is the property of Consolidated Chemical Division of Stauffer Chemical Company. MAY 2 '94 14:28 FR/OM� RP BASIC BAYTOWN TO KXISTON PLANT -AD PAGE.019 o . r.i. c es ,Zym > r a G �P_��3 •° C7�..?. 1 AS5$8 AcRts •���;.�. Yr - 37'/6'4 703 52, ww.....��... T.. .Ss1N ✓�1CiNT� Sj?CLr 4�:ai.a; "+ -•tr, .. ' Crr✓ 6"&s �•� 4 ''