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CC Resolution No. 154427 RESOLUTION NO. 1544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAYTOWN CHRISTIAN ACADEMY CONCERNING THE ANNEXATION OF A 26.670 ACRE TRACT OF LAND WEST OF NORTH MAIN STREET AND IMMEDIATELY NORTH OF REPUBLIC OF TEXAS PLAZA IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Section 43.028 of the Texas Local Government Code provides for the annexation of certain sparsely populated property upon the written petition of the owner of the property and all persons or entities with an interest therein; and WHEREAS, the City of Baytown has received such a petition filed by Baytown Christian Academy for the annexation of a 26.670 acre tract of land, called out of a called 42.680 acre tract conveyed unto Otto Gerbes and wife Clara W. Gerbes by B. A. Stewart and Eula Stewart as evidenced by deed recorded in Volume 2304 Page 194 of the deed records of Harris County, Texas; and WHEREAS, on this date, the City Council heard the petition and the arguments for and against the annexation and desires to grant the petition; NOW THEREFORE 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 Baytown Christian Academy concerning the annexation of a 26.670 acre tract of land, out of a called 42.680 acre tract conveyed unto Otto Gerbes and wife Clara W. Gerbes by B. A. Stewart and Eula Stewart as evidenced by deed recorded in Volume 2304 Page 194 of the deed records of Harris County, Texas. Said petition is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: 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 91h day of May, 2002. PETE C. ALFARO, Mayor ATTE l G/W. S ITH, City Clerk APPROVED AS TO FORM: � ACID RAM0 1REZ, SRCLlity Attorney FAKaren\Files \City Council\ Resolutions\ GrantAnnexationPetitionofBaytow ChristianAcademy.doc PETITION REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRIS /CHAMBERS Come now, 12 v15fiall me.:. owner(s) of the real property described by metes and bounds as follows: Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residents or on which fewer than three qualified voters reside. I (We), f ,a..ry L, 0�i -J jo , I c,ahl { I xJ. , the owner(s) of the above - described property request annexation of the property by the City of Baytown. Signed this the -�- day of Mai y 200?. Owner Owner F: gws /annexation /petition Petition for Annexation Page 2 of 2 Acknowledgement State of Texas County of Hams /Chambers Before me, he undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed h reto, and who acknowledged that he executed the same for the purposes and consideration therein expressed. To certify which, witness my N My commission expires: (/C, F:gws /annexation /petition Notary's name printed 26.670 Acre Legal Description Being 26.670 acres out of a called 42.680 acre tract conveyed unto Otto Gerbes and wife Clara W. Gerbes by B. A. Stewart and Eula Stewart as evidenced by deed recorded in Volume 2304 Page 194 of the deed records of Harris County, Texas. Said Tract being in the H. F Gillette Survey and being further described by metes and bounds as follows: Beginning at the northwest corner of said 42.680 acre tract said comer being located called S 9° 30' 00" E 1,173.0 feet and N 80° 53' 00" 32.0 feet from the northwest corner of the H. F. Gillette Survey. Said beginning point being located in the east line of Lot 18, Block 6 of East End Addition, Highlands Farms, an addition as recorded in Volume 15, Page 60 of the Map Records of Harris County, Texas, and being the northwest comer of the herein described tract. Thence N 80° 53' 00" E along the north line of said 42.680 acre tract, and the north line of the herein described tract; at 191.17 feet pass the southeast corner of a called 3.0 acre tract conveyed to David W. Tigert and Belinda Gay Tigert by deed recorded under County Clerks File Number P466727 and a 5/8 inch iron rod with cap found bearing S 80 053' 00" W 2.47 feet; at 397.24 feet past the southeast comer of a called 5.39 acre tract conveyed unto Garry A. and Kathy L. Nelson by deed recorded in County Clerks File Number N541884; at 580.44 feet past the southeast comer a called 5.39 acre tract conveyed unto Linda Lorraine Putman by deed recorded under County Clerk's File Number P904233 and a old 3/8 inch iron rod found bearing S 10° 18' 46" E 2.60 feet; at 763.64 feet past the southeast corner of a 4.793 acre tract of land conveyed unto Edward R. and Beth Ann Birdwell by deed recorded under County Clerks File Number N553940; at 954.81 feet pass the southeast comer of a 5.0 acre tract of land conveyed unto E. P. Anders, Jr. and Dorothy N. Anders by deed recorded in Volume 4873, Page 279 of the Harris County Deed Records and a 3/8 inch iron rod found bearing S 280 52' 44" E 0.67 feet; at 1,145.98 feet pass the southeast corner of a 5.0 acre tract conveyed unto Steven K Ackerman by deed recorded under County Clerks File Number U059497 and a old 3/8" iron rod found bearing N 80° 53' 00" E 0.25 feet; a total distance in all of 1,425.38 feet to the west right of way line of North Main Street (right of way is equal to 100 feet) and the northeast corner of the herein described tract and the southeast corner of a called 7.3962 acre tract conveyed unto First Christian Church, Baytown Texas by deed recorded under County Clerks File Number L907493. Thence S 00° 51' 08" W severing the said 42.68 acre tract, and along the west right of way line of North Main Street as described in right of way deed recorded under County Clerks File Number H609108, of the Official Records of Real Property of Harris County, Texas 875.90 feet to the southeast comer of the herein described tract and a set 5/8 inch iron rod with plastic cap stamped "G. W. Hans 1748 ". Said corner being located in the north line of a 45 -foot right of way conveyed unto Harris County by Otto Gerbes and Clara W. Gerbes, as evidenced by deed recorded under County Clerks File Number H609107 of the Official Records of Real Property of Harris County, Texas. Thence S 80° 30' 00" W parallel to and 90 feet north of the south line of the said 42.680 acre tract and with the north line of said 45 -foot right of way 1,267.98 feet to the southwest corner of the herein described tract and a set 5/8 inch iron rod with plastic cap stamped "G. W. Hans 1748" located in the west line of the said 42.680 acre tract and in the east line of Lot 7 Block 21 of Highland Farms Subdivision. Thence N 9° 30' 00" W along the east line of Blocks 6 and 9 of said East End Addition, and the west line of said 42.680 acre tract 862.70 feet to the northeast corner of the herein described tract, a found 1/2" iron rod with cap stamped "F.G. Huf&nan 1682" bearing N 9° 28' 44" W 1.04 feet, and the place of beginning containing in all 1,161.754 square feet or 26.670 acres more or less.