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CC Resolution No. 1630 9 RESOLUTION NO. 1630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF AM-MEX RESTAURANT, INC., CONCERNING THE ANNEXATION OF A 7.5194 ACRE TRACT OF LAND IN THE ED T. SCHAFFER SURVEY (W.C.R.R.), ABSTRACT NO. 1224 OUT OF T'"AT CERTAIN CALLED 63.1918 ACRE TRACT OF LAND AND BE1Nr' " LOTS 11, 12 AND 26 AND ALL OF LOTS 27, 28 AND 29. W " ND FARMS ADDITION, HARRIS COUNTY, TEXAS; iFFECTIVE DATE THEREOF. w**�+�:*:*t**rt�r*t*•.a*r**:+•**rrt*r*ter*** *+*•**t**rr**�• WHEREAS, Section 43.028 of the Texas Loca, ,he annexation of certain sparsely populated property upon the written peti ,ne property and all persons or entities with an interest therein; and WHEREAS, the City of Baytown has received such a petition filed by Am-Mex Restaurant, hie., for the annexation of a 7.5194 acre tract of land in the Ed T. Schaffer Survey (W.C.R.R.), Abstract No. 1224 out of that certain called 63.1918 acre tract of land and being part of Lots 11, 12 and 26 and all of Lots 27, 28 and 29, Block 21 of Highland Farms Addition, 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 Am-Mex Restaurant, Inc., concerning the annexation of a 7.5194 acre tract of land in the Ed T. Schaffer Survey (W.C.R.R.), Abstract No. 1224 out of that certain called 63.1918 acre tract of land and being part of Lots 11, 12 and 26 and all of Lots 27, 28 and 29, Block 21 0£Highland Farms Addition, 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 12"day of February,2004. x PETE C.C. ALFARO,Mayor ATT GP W. MITH, City Clerk APP OVED AqS TO FORM: sue/ ACIO RAMIREZ, SR., Attorney F:Ueanene\My Documents\Council\ -04\February l st\AnnexationPetitionofAmMexRestaurant.doc PETITION REQUESTING ANNEXATION FEE; c�04 ,; jl' /), L' STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS Come now, Am-Mex Restaurant, Inc., 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), Am-Mex Restaurant, Inc., the owner(s) of the above-described property request annexation of the property by the City of Baytown. Signed this the V-glkay of January, 2004. Owner Zahid Khan,President Owner Owner EUM A F:gw/annexation/petilion Petition for Annexation Page 2 of 2 Acknowledgement State of Texas County of Hams/Chambers Before me, the undersigned authority, on this day personally appeared Zahid Khan, President of Am-Mex Restaurant, Inc., known to me to be the person whose name is subscribed hereto, and who acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. To certify which, witness my hand and official seal. TOM CHPVASON Notary Public, State of Texas Wtary Public,State of le-n, '.;z My commission Expires 03 , t / pires �� �� �� �t ✓%i_s c �, Notary's name printed F:gw/annexation/petition STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of a 7.5194 acre tract of land situated in the Ed T. Schaffer Survey (W. C. R.R.), Abstract 1224, Harris County, Texas and being out of that certain called 63.1918 acre tract of land conveyed to Land Equities No. 102, LTD by Deed recorded in County Clerk's File No. D404387, Film Code No. 133-23-1525 of the Official Public Records of Real Property of Harris County, Texas. Said 7.5194 acres also being part of Lot s 11, 12 and 26, and all of Lots 27, 28 and 29, Block 21 of Highland Farms Addition as recorded in Volume 7 at Page 60 and 61 of the Map Records of Harris County, Texas. This 7.5194 acre tract of land is more particularly described by the following metes and bounds,to-wit: NOTE: BEARINGS ARE BASED ON A 1-1/4 INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER AND A ''/z INCH IRON PIPE FOUND FOR THE MOST EASTERLY SOUTHEAST CORNER OF A 63.1918 ACRE TRACT OF LAND CONVEYED TO JAMES W. GUSTAFSON BY JOHN E. FENTON, ET UX,BY DEED DATED JULY 31, 1969 AND RECORDED IN VOLUME 7721 AT PAGE 144 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID FOUND CORNERS OF THE 63.1918 ACRE TRACT ARE IN THE WEST RIGHT-OF-WAY LINE OF WEST ROAD. S MADE TO THE PLAT ACCOMPANYING METES AND NIBO S DESCRIPTION. F EVEN DATE A BEGINNING at a ''/z inch iron rod found in the North right-of-way line of Cedar Bayou Lynchburg Road (100 feet wide right-of-way) at the Southernmost Southeast corner of that certain 18.00 acre tract of land conveyed by Earlon C. McWhorter, et a] to Petula Associates, LTD by Deed dated October 15, 1993 and recorded in Film Code No. 521- 75-1628 of the Deed Records of Harris County, Texas. Said point being the Southwest corner and POINT OF BEGINNING of this tract. THENCE: North 13°21'43" East along the West line of this tract and the South or Southeast line of said 18.00 acres for a distance of 101.32 feet to a '/z inch iron rod found for an angle point in said line. THENCE: North 53°3l'15"East along the West line of this tract and the South or Southeast line of said 18.00 acres for a distance of 480.13 feet to a 5/8 inch iron rod, with cap, found for the Northwest comer of this tract and an interior corner of said 18.00 acres. THENCE: North 80°01'00" East along the North line of this tract and the South line of said 18.00 acres for a distance of 489.92 feet to a ''/s inch iron rod, with cap, found for an angle point in said line. PAGE 2— 7.5194 ACRES. THENCE: South 82°00'00"East along the North line of this tract and the South line of said 18.00 acres for a distance of 26.63 feet to a '/3 inch iron rod found in the West right- of-way line of West Road (60 feet wide right-of-way) and the East line of said Lot 26 for the Northeast corner of this tract and the Easternmost Southeast comer of said 18.00 acres. THENCE: South 09055'55" East along the Northernmost East line of this tract,the East line of Lots 26,27, 28 and 29, Block 21 of said Highland Farms and the West right-of- way line of West Road for a distance of 332.44 feet to a 5/8 inch iron rod, with cap, found for the Easternmost Southeast corner of this tract,the Southeast comer of said Lot 29 and the Northeast corner of Lot 30, Block 21 of said Highland Farms and the Northeast corner of that certain tract of land conveyed by Richard Zot Rady, et al, to Richard Z. Rady, et al,by Deed dated November 14, 1994 and recorded in Film Code No. 501-68-3061 of the Official Public Records of Real Property of Harris County, Texas. THENCE: South 79°55'02" West along the Easternmost South line of this tract, the South line of said Lot 29, the North line of said Lot 30 and the North line of said Rady, et al tract, for a distance of 398.84 feet to a ''/2 inch iron rod found for an interior comer of this tract, the Northwest corner of said Lot 30, the Southwest corner of said Lot 29 and the Northwest corner of said Rady, et a] tract. Said point being in the East line of said Lot 1l. THENCE: South 09015'22"East along the Southernmost East line of this tract,the East lie of said Lot 11, the West line of said Rady, et al tract and the West line of Lots 30 and 31, Block 21 of said Highland Farms Addition, for a distance of 175.20 feet to a 5/8 inch iron rod found in the North right-of-way line of said Cedar Bayou Lynchburg Road for the Southernmost Southeast comer of this tract and the Southwest corner of said Rady, et al tract. Said point being in a curve to the right, concave Northerly. THENCE: Along and around said curve to the right, in a Westerly direction, along the Westernmost South line of this tract and the North right-of-way line of said Cedar Bayou Lynchburg Road, said curve having a radius of 2242.00 feet, a central angle of ce of North arc 4 length of 419.82 feet 3'43", and a chord t a %2 iearing nch iron rod found for he TE4RMINATION POINT o" West 419.21 feet, forf said curve. PAGE 3 — 7.5194 ACRES. THENCE: North 76°38'02" West along the Westernmost South line of this tract and the North right-of-way line of said Cedar Bayou Lynchburg Road for a distance of 201.52 feet to the PLACE OF BEGINNING and containing within these boundaries 7.5194 acres of land. SURVEYOR'S CERTIFICATE I, Juliene Ramsey,Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground, under my supervision in December of 2003 and that all lines,boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the I Vh day of December, A. D., 2003. OF toTrq l� J liene Ramsey egistered Professional Land Surveyor No. 4379 < e9 4079 P 03-2530B.fdn 9yG REaetoQD $Ua-41e;