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CC Resolution No. 2652 RESOLUTION NO. 2652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF FULLER THOMPSON TEN, LTD, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 17.61 ACRES, LOCATED APPROXIMATELY 1,680 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 2230 E INTERSTATE 10,AND LEGALLY DESCRIBED AS A PORTION OF TRACT 2T-1, TRACT 2T, TRACT 2R-1, TRACT 2P, TRACT 2D, TRACT 2M, BLOCK 2, ELENA FRUIT & COTTON FARMS, UNIT`,AND LOTS 1, 2, AND 3, TAYLORS PLACE, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby grants the petition of Fuller Thompson Ten, Ltd, for the proposed annexation of approximately 17.61 acres, located approximately 1,680 feet east of Thompson Road, addressed as 2230 E Interstate 10, and legally described as a portion of Tract 2T-1, Tract 2T, Tract 2R-1, Tract 2P, Tract 2D, Tract 2M, Block 2, Elena Fruit & Cotton Farms, Unit"D;and Lots 1, 2, and 3, Taylors Place, Harris County, Texas. Said petition is attached hereto as Exhibit`A'and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Planning and Development Services Department to prepare a service plan for the property identified in Section 1 hereof. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 281h day of May, 2020. ON CAPETILLO, Ayor ATT T: LETICIA BRYSCII, City Urk APPROVED AS TO FORM: $ e ° FOF� KAnN!-. HORNER, Interim City Attorney R:Xaren Files•City CouncihResolutions\2020Way 28 GrantingAnnexationPetitionotSjloanderProperty.doc Exhibit"A" CITY OF BAYTOWN Plffimlim sao„Narlcer sneer BritoUniversal Development Application ��77520 0 pbmdng@bryt—org Incomplete applications will not be accepted. Indicate"N/A"when an item does not pertain to your application. e Zoning Map Amendment o Telecommunication Special Use o Replat ❑ General Plan o Zoning Variance ❑Landscape Variance a Small Subdivision* ❑ Lot Line Adjustment/Consolidation ❑Zoning Special Exception ❑Subdivision Variance ❑Minor Plat* ❑ Fire Lane Easement ❑Zoning Appeal o Preliminary Plat* o Amending Plat* o Text Amendment ❑Zoning Special Use ❑Final Plat* ❑Plat Certification ❑ Other See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist. Project/Subdivision Name: Elena Fruit&Cotton Farms/Taylor Place Project Address/Location: Approximately 2210 Interstate 10 Brief Description of Project: business park for light industrial Legal Description&Recording Info:See attached Parcel(s)Tax ID#(s): See atWhed Property platted:Yes_No✓Don't Know_ Type: Residential Acres: 1 ,Commercial,(Acres: 16.65,Total acres: 17.65 Is property in ETJ? Yes ✓ No_ Existing Zoning: OR ,Number of existing lots:_ ,Number of existing units: ,Current Use: Undeveloped Proposed Zoning. LI Number of proposed lots: 1 ,Number of proposed units: ,Proposed Use: LI Utility provider for water supply. City of Baytown Utility provider for sanitary sewer. City of Baytown I would like to attend a meeting with the Development Review Committee(DRC):Yes No—County:Chambers_Harris.L (Pnmacy Contact will be notified) Owner Name: Fuller Thompson Ten, Ltd. Email: sdamall@fuller-realty.com Address: 1800 Augusta Dr, 4th Floor City:Houston State:TX zip: 77057 Phone:713-850-8400 Fax; 71 M50-8405 Applicant Name:Fuller Thompson Ten,Ltd.(Stephen G.Damall,Authorized Party)Email: sdamall@fuller-realty.com Address: 1800 Augusta Dr, 4th Floor City:Houston State:TX zip: 77057 phone:713-850-8400 Fes; 713-850-8405 Contact Person(If different from applicant): Email: Address: City: State: Zip: Phone: Fax: By signing this application, Is granted access to your roperty to perform activities related to your case. If the property owner is not signing,legally sufficient autho ' cati . letter of authorization to apply)must be provided at the time of application. Signature(s): —Printed/Typed Name(s): Stephen G. Darnall Known to me to be the persons) se name(s)is/are subscribed to the above and foregoing instrument,and acknowledged to me that they executed the same and consideration expressed and in the rapacity therein stated.Given under my hand and seal of office on this ej_day of the p 0 7—F] . �'rcY Dana VYh baford , \ 06/24/2021 No Public E ONLY: Project A Project Manager Submittal Date. Accepted By: Total Fee(s): $ Completeness review by-.—Date: Approved by: Approval Date: Rev 6.27.18 P1vnng mW Development Services 2401 Market Sweet Dtaylown,TX 775M Phone: ` 94 CITY OF BAYTOWN Plmniu®taytow.o Y PETITION REQUESTING ANNEXATION Incomplete applications will not be accepted. Indicate"N.'A"when an item does not pertain to your application. STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS COME NOW,Fuller Thompson Ten, Ltd. , Owner(s)of the real property describes as follows to-wit: (Describe property and attach metes and bounds) Approximately 17.65 acres of undeveloped land -See attached legal description (State property location, for example, the property Is located north of 1-10 near N. Main Street.) The property is located south of Interstate 10 and east of Thompson Rd. at approximately 2210 Interstate 10 (State the purpose of this annexation—What will be built, placed, etc.) o Residential/Manufactured(Number ofl ots) o Multifamily(NumberofUnits) d Commercial Business(Business type) u o RV Park(Number of Pads) o Restaurant(Number of seats) o Hotel/Motel(Number ofBeds) a Office Building(Number of Occupants) o Retail(Number of Washrooms) a Other(description) Said tract is one-half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residence or on which fewer than three qualified voters reside. Application Fee:voluntary annexations are$300.00 (I), (We),Fuller Thompson Ten, Ltd. the Owner(s) of the above-described property request annexation of the property by the City of Baytown. SIG this the 730 -* day of April . 2020 O r Owner Stephen G. rnall, Authorized Party Name&Title Name &Title 1800 Augusta Dr,4th Floor,Houston,TX 77057 Address Address 713-850-8400 Telephone Number Telephone Number a!1(c�ful ler-realtyxom^T nE it ddre Email Address } �LapoSb0o5 Planning and Development Services 2401 Market Street Baytown,TX n520 Phone:281-420-5394 planning(a�baytown.org CITY OF BAYTOWN Annexation Petition Checklist The following list of submittal requirements shall be used by the applicant to prepare a complete annexation petition.The City shall also use the checklist to verify the completeness of the application at the time it is submitted. Applicants are responsible for submitting complete applications. Incomplete applications will be rejected and returned to the applicant. ✓Universal Development Application—complete with all required signatures and notarized. Application Fee—$300.00. Petition Requesting Annexation—complete with all required signatures and notarized. Survey Map—complete with narrative metes and bounds description of property and sealed by a Registered Professional Surveyor(R.P.L.S.). Authorization: Ownership — a recorded deed or other recorded instrument verifying ownership. Agent Information —if you are an agent and not the property owner, then you shall submit a notarized statement from the owner naming you as agent for this application. Signatory Authorization — if the property is owned by any entity or corporation and not an individual, please submit Articles of Incorporation or other documentation verifying signatory authorization. Zoning Amendment Application — a complete Zoning Amendment Application must be submitted at the same time as this annexation petition. This will place the property in a zoning district once annexed into the City. The annexation and zoning amendment process will occur concurrently. By signing below I acknowledge that I have reviewed the general information and submittal requirements checklist and have included the required submittal items and reviewed them for completen and accura 130Z� Applic t Signature Date Stephen"G. Darnall, Authorized Party Applicant Printed Name Acknowledgement State of Texas § County of Harris/Chambers - § BEFORE ME, the un$i%igned authority, on this day personally appeared ;..know to me to be the person(s) whose name(s) is/are subscribed hereto, and who acknowledged thb,fie/she/they executed the same for the purpose and consideration therein expressed. To certify which witness my hand and officia eal on this the day of , 20 Notary Public * STATE OF A S (seal) Corporate Acknowledgement State of Texas § County of Harris/Chambers § This instrument was acknowledged before me on Apnl , 2020 , by Stephen G.Darnall , a Authonzed Party of FUrrOF Thompson Ten,Ltd. , a limited partnership and on behalf of said limited partnership. To certify which witness my hand and official seal on this the day of April s 2020 ^1" Dana whnerora My cann,a�t=,oprea ID Noa..131142128 Notary Public* STATE OF T X A S a ID N31 (seal) AFTER RECORDING, RETURN TO: City of Baytown Attn: Planning Department P. O. Box 424 Baytown, TX 77522-0424 FULLER THOMPSON TEN, LTD. CITY OF BAYTOWN--UNIVERSAL DEVELOPMENT APPLICATION PARCELS TAX ID#'S: 0591430000162 0591430000159 1283480010003 1283480010002 1283480010001 0591430000163 0591430000156 0591430000150 0591430000007 lip, 1 i !I � 1........ m: fw du wr /��� .w. N. d METES AND BOUNDS DESCRIPTION 17.6075 ACRES HARRIS COUNTY,TEXAS August 28,2019 Description of 17.6075 acres(766,982 square foot)of land being a portion of a called 4.3505 acre tract as conveyed by General Warranty deed dated November 15,2017 to Fuller Thompson Ten,Ltd as recorded under Clerk's File No.RP-2017- 501491 of the Official Public Records of Real Property,Harris County,Texas,all of a called"Lots 2 dt 311,Taylors Phhce as conveyed by Special Warranty Deed dated December 15,2017 to Fuller Thompson Ten,Ltd as recorded under Clerk's File no. RP 2017-550752,all of a called Lot 1,Taylor's Place as conveyed by General Wanvmty Deed dated December 15,2017 to Fuller Thompson Ten,Ltd.as recorded under Clerk's File No.RP-2017-549860 of the Official Public Records of Real Property,Harris County,Texas,all of a called 3.0000 acre tract as conveyed by Special Wananty Deed dated October 25, 2018 to Fuller Thompson Ten,Ltd.as recorded under Clerk's File no.RP-2018-487922 of the Official Public Records of Real Property,Harris County,Texas and all of a called"Tract 1 and 2"as conveyed by General Warranty Deed dated November 25,2018 to Fuller Thompson,Ltd.as recorded under Clerk's File no.RP 2018-533680 of the official Public Records of Real Property,Harris County,Texas and being situated in the William.Hilbus Survey,Abstract No.336,Harris County,Texas and being more pmdcuWiy described by metes and bounds as follows: (all bearings herein are based on the courses described in said tract described in Clerk's File No.200707090SI of the Official Public Records of Real Proper),,Harris County, Texas) i COMMENCING at a W-inch iron rod with cap stamped"4988 RPLS"found at the northwest comer of a called 4.3574 acre tract as conveyed by Warranty Deed dated July 3,2012 to Fuller Thompson Ten,Ltd.as recorded under Clerk's file No. 20120293573 of the Official Public Records of Real Property,Harris County,Texas and being situated in the south right-of- way line of Interstate Highway No. 10(width varies), THENCE North 67'31'27"Bast,along the north line of said 4.3574 acre tract and the south right-of-way line of said Interstate Highway No.10,for a distance of 50.30 feet to a point for corner; THENCE North 74*19101"East,continuing along he north line of said 4.3574 acre tract and the south right-of-way lime of said Interstate Highway No.10,for a distance of 108.18 feet to a point for corner at the POINT OF BEGINNING of herein described tract and being northwest corner of said 4.3505 acre tract fi m which a 54-inch Iron rood with cap was found bearing North 16-3352"West,5.59 feet; THENCE North 7312356"East,continuing along the south right-of-way line of said Interstate Highway No. 10 and the north line of said 4.3505 acre tract,for a distance of 109.02 feet to a 5/8-inch iron rod with cap stamped"Benchmark Engr" act for the point of beginning of herein described tract; THENCE North 73023'56"East,continuing along the north line of said 4.5505 acre tract and the south right-of-way line of said Interstate Highway No. 10,for a distance of 14.57 feet to a point for corner from which a%-inch iron rod with cap was found bearing North 03-34'West,0.93 feed THENCE North 76*1142"East,continuing along the north lino of said 4.3505 acre tract and the south right-of-way Me of s said Interstate Highway No. 10,for a distance of 53.33 feet to%-Inch iron rod with cap, THENCE North 76*1147'East,continuing along the north line of said 4.3SOS acre tract and the south right-of-way line of said Interstate Highway No. 10,fce a distance of 165.52 feet to a point for corner at the northwest comer of the remainder of i a called 4.350S2 acre tract as conveyed by Deed recorded under Clerics File No.C799299 of the Official Public Records of I Real Property and the northeast comer of said Lot 1,Taylors Place,from which a 3-inch iron pipe was found bearing South 09-00'East,2.19 feet, THENCE South OrIT21"East,along the east line of said Lot 1,Taylors Place and the west line of said remainder of 4.35052 acre tract,for a distance of 359.61 feet to a 5/8-inch iron rod with cap stamped"Benchmark Engr"set for cornea in the west line of said Tract I", THENCE North 8MS'52"East,for a distance of 152.44 feet to a 5/8-inch iron rod with cap stamped"Benchmark Engr"set for the northwest corner of said Tract 1; BEC Job No.2004 Pape 1 of 3 Pages &EC-WP LM6077-250 Ac TRACT BAYTOWN Tx9SURVEYp(4)13=1(6)Metes and Bounds116077-17.6075 Aries-w-nw tract.dow THENCE North 01°21'08"West,along the east line of the said remainder of 4.35052 acre tract and the west line of said Tract 1,for a distance of 394.56 feet to a 5/8-inch iron rod with cap stamped`Benchmark Engr"set for the internal northwest corner of said 3.0000 acre tract and being situated in the south right-of-way line of said Interstate Highway No. 1 D; THENCE North 76'11147"East,along the north line of said Tract 1 and the south right-of-way line of said Interstate Highway No.10,for a distance of 164.83 feet to a_Mneh iron rod set for the northeast corner of said Tract 1; THENCE South 02°30'32"Fast,along the oast line of said Tract 1,for a distance of 452.06 feet to a 5/8-inch iron rod with cap stamped"Benchmark Engr"set for the northwest corner of said Tract 2; THENCE North 87129'28"East,along the north line of said Tract 2,for a distance of 135.00 feet to a 5/8-inch iron rod with cap stamped"Benchmark Ene set for cower at the northeast corner of said Tract 2; THENCE South 02130'32"Bast,along the east line of said Tract 2,for a distance of 198.85 feet to a 5/8-inch iron rod with cap stamped"Benchmark Enger"set for corner at the southeast corner of said Tract 2; THENCE South 87129'29"West,along the south line of said Tract 2,for a distance of 135.00 feet to a 5/8-inch iron rod with cap stamped"Benchmark Engr"set for comer at the southwest corner of said Tract 2; THENCE South 02'30'33"Fast,along the east line of said Tract 1,for a distance of 673.79 feet to a point for corner at the southeast corner of said Tract 1 and situated in the north line of a called 105.325 acre tract as conveyed by Special Warranty Deed dated November 30,2017 to Port 10 Logistics,LLC as recorded under Clerk's File No.RP-2017-530957 off the Official Public Records of Real Property,Harris County,Texas,from which a'/4-inch iron pipe was found bearing South 07057'West,1.62 feet; THENCE South 86°49'04"West,along the north line of said 105.325 acre tract,for a distance of 621.82 fleet to a%-inch iron pipe found for comer at the southwest corner of said 4.3505 acre tract; THENCE North 03*26'12"West,along the west line of said 4.3505 acre tract,for a distance of 1,199.67 feet to the POINT OF BEGINNING and containing a computed area of 17.6075 acres(766,982 square feet)of land; This description is based on a survey made on the ground of the property described herein and is issued in conjunction with an exhibit map entitled"Land Title Survey"prepared by BENCHMARK ENGINEERING CORPORATION,Job Number 16077-FRP. OF Ronald G.Hari 4 Z.S. a '►c,►o 9 ! Texas Registration No.5342 �Nqt p TBPLS Firm Registration Number 10009000 r,�� Q. RlSpN S3 9y0 o,to���*O •NM A sus SEC Job No.20040-EC-WP Page 2 of 3 Pages 016077-260 Ac TRACT BAYTOWN Tx1(SURVEYX4)Docsl(5)Metes and Bounds116077-17.6075 Acres-w-nw tract.doex FILED In the Office of the Samtery of State of Tars CERTIFICATE OF FORMATION NOV 12 2601 I.IIIUM PARIMERSIP Corporations Section The undersigned, desiring to form a Iimited partnership pursuant to the Texas Business Organizations Code,certifies as follows: 1. The type of filing entity being formed is a limited partnership. 2. The name of the limited partnership is FULLER THOWSON TEN,LTD. 3. The street address of the initial registered office of the limited partnership and the name of the initial registered agent of the limited partnarship at such office are as follows: Registered office: One West Loop Plaza 2425 West Loop South,Suite 300 Houston,Texas 77027 Registered agent: Stephen G.Darnall 4. The address of the principal office of the limited partnership in the United States where records are to be kept or made available under Section 153.551 of the Texas Business Organizations Code is as follows: One West Loop Plaza 2425 West Loop South,Suite 300 Houston,Texas 77027 5. The name and address of each general partner are as follows: Fuller Thompson Ten GP,LLC One West Loop Plaza 2425 West Loop South,Suite 300 Houston,Texas 77027 �L Executed this day of November,2007. Fuller Tbompson Ten GP,LLC General Party By: StephaIr n G.bamv4 Vi President Certificate of Formation LP FILED Secretary Of Ste a of Texas CERTIFICATE OF FORMATION OF Nay 12 2007 FULLER THOMMON TEN GP,LLC Corporations Section The undersigned, acting es organizer of an entity under the Texas Business Organizations Code,hereby adopts the following Certificate of Formation for such entity: ARTICLE I LZ Q Em tv The type of entity being formed is a limited liability company. ARTICLE III Sam The name of the limited liability company is FULLER THOMPSON TEN OP,LLC (the "Compary). ARTICLE M u m= The purposes for which the Company is formed abet]incIude any lawful purpose for which a limited liability company may be organized under the Texas Business Organizations Code. ARTICLE IV Registered Office and Anent The street address of the initial registered office of the Company is One West Loop Plaza, 2425 West Loop South,Suite 300,Houston,Texas 77027,and the name of its initial registered agent at such address is Stephen G.Darnall. ARTICLE V monaum Page 1 The Company is to be managed by a manager or managers.The names and addresses of the initial managers of the Company are: Stephen 0.Darnall 2425 West Loop South,Suite 300 Houston,Texas 77027 W. Stewart Smith 2425 West Loop South,Suite 300 Houston,Texas 77027 William G.Smith,Jr. 2425 West Loop South,Suite 300 Houston,Texas 77027 ARTICLE VI The name and address of the organizer of the Company are: David M. Washburn 2800 Post Oak Boulevard,61e Floor Houston,Texas 77056 IN WITNESS WIMHOF,I have hereunto set my hand this day of November,2007. " I. "44 David M. Washburn,Organizer Page 2 RESOLUTION OF FULLER THOMPSON TEN GP,LLC WHEREAS,FULLER THOMPSON TEN GP,LLC,a Texas limited liability company("FTTGP), is the general partner of FULLER THOMPSON TEN, LTD. ("Applicant"), a Texas limited partnership, and, as such, is authorized to act in all matters on behalf of Applicant and to bind Applicant with respect to all actions as required by Texas law and/or the City of Baytown ordinance for annexation and zoning of the property; WHEREAS, Applicant is submitting a Universal Development Application and Petition Requesting Annexation dated April 30, 2020(the"Application"), with respect to the annexation and zoning of approximately 17.65 acres of real property located in Baytown, Harris County, Texas as more particularly described in the Application(the"Property"). WHEREAS, FTTGP intends to delegate authority to execute agreements, instruments and documents on behalf of Applicant in connection with the purchase of the Property, to the Authorized Signatory set forth herein; NOW, THEREFORE, BE TT RESOLVED, that STEPHEN G. DARNALL ("Authorized Signatory"), acting alone, is hereby authorized and empowered by FTTGP, in its capacity as general partner of Applicant,to take all necessary actions,and to execute and deliver,on behalf of Applicant,any and all documents,instruments,and agreements required as part of the application process to have the Property rezoned and annexed; RESOLVED FUR.HTER, that any actions previously taken by the Authorized Signatory, in accordance with the terms herein are hereby ratified and approved,and RESOLVED FURTHER,that the Authorized Signatory is hereby authorized and directed to take any and all such additional actions and undertakings as are necessary to carry out the purposes of the foregoing. IN WITNESS WHEREOF, this Authorizing Resolution of FTTGP is executed and delivered, effective as of April 30,2020. MANAGERS: St en G. 1 w. a. . Set forth below is the genuine signature of Stephen G. Darnall: NAME TITLE SIGNATURE Stephen G. Darnall Authorized Party CITY OF BAYTOWN TEXAS ZONING/ DEVELOPMENTS RECEIPT *�,t,r*ara�,��,a������,r�,t,t��a,t����**trttr,a�t,t**���*,�t,�,�t,t,t��*��t*��*st*��**ft,t�**���,►,t,��,t,a PARCEL ID : 0591430000162 PROJECT : PL20050005 ADDRESS 2210 EAST FWY RECEIPT # : 14000009293 PRINT DATE 05/06/2020 PRINT TIME 08:33:45 RECEIPT DATE 05/06/2020 OPERATOR aem COPY # 1 RECEIVED BY aem CASH DRAWER: 14 REC`D. FROM FULLER THOMPSON TEN COMMERCIAL/RESIDENTIAL ACREAGE 1 NOTES : 14000009293 FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL ---------- ------------- ---------- ---------- ---------- ---------- ---------- IANNEXVOL FLAT RATE 1.00 300.00 0.00 300.00 0.00 ---------- ---------- ---------- ---------- TOTAL PROJECT 300.00 0.00 300.00 0.00 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER ----------------- --------------- -------------------- CHECK 300.00 1969 --------------- TOTAL RECEIPT 300.00