CC Resolution No. 1657 49
RESOLUTION NO. 1657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE AMENDED PETITION OF MOODY SIMMONS BAYTOWN, LTD.,
CONCERNING THE ANNEXATION OF A 71.570 ACRE TRACT OF LAND IN THE
WILLIAM BLOODGOOD SURVEY, A-4, AND THE J.P. SJOLANDER SURVEY, A-1644,
LOCATED SOUTH OF NEEDLEPOINT ROAD AND EAST OF LANDMARK ESTATES IN
HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 received such a petition filed by Hunter's Creek Baytown, Ltd., for the
annexation of a 71.570 acre tract of land in the William Bloodgood Survey, A-4, and the J.P. Sjolander Survey, A-
1644, located south of Needlepoint Road and east of Landmark Estates in Harris County,Texas; and
WHEREAS, the City Council approved such original petition on February 12, 2004, through Resolution
No. 1638; and
WHEREAS, the petition for annexation has been amended to clearly reflect the petitioner's intention to
provide wastewater service with a package plant until the City completes the Northeast Wastewater Treatment
Plant; and
WHEREAS, on this date, the City Council heard the amended petition and the arguments for and against
the annexation and desires to grant such 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 amended petition
of Moody Simmons Baytown, Ltd., concerning the annexation of a 71.570 acre tract of land in the William
Bloodgood Survey, A-4, and the J.P. Sjolander Survey, A-1644, located south of Needlepoint Road and east of
Landmark Estates in Harris County, Texas. Said petition is attached hereto as Exhibit"A" and incorporated herein
for all intents and purposes, and shall supersede the original petition of Hunter's Creek Baytown, Ltd., approved by
the City Council on March 25, 2004, through Resolution No. 1638.
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 241"day of June, 2004.
CALVIN MUNDING\ERR,, Mayor v(
ATTEST:
A
AOM
I�Y . SMITH, City Clerk
APPROVED AS TO FORM:
4A r<+
C10 RAMIREZ, SR., tt) Attorney
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PETITION REQUESTING ANNEXATION
STATE OF TEXAS §
§
COUNTY OF HARRIS/CHAMBERS §
Come now, Moody Simmons Baytown, Ltd., owners and developers (the "Developers")
of the real property described in Exhibit "A," which is attached hereto and incorporated herein
for all intents and purposes.
Said tract is one-half mile or less in width, is contiguous to the city limits, and is vacant
and without residents or on which fewer then three qualified voters reside.
We, the Developers, request annexation of the property herein described by the City of
Baytown.
In reviewing this petition, the Developers hereby make the following representations
which are intended to be relied on by the City Council of the City of Baytown and shall be
construed as covenants binding upon the Developers:
➢ the Developers will install a package plant to provide sanitary sewer services to the
Property until the City's Northeast Wastewater Treatment Plant ("NEWWTP") is
constructed and fully operational as determined by the City Engineer;
the Developers or the homeowners' association will operate and maintain the package
plant at all times to provide sanitary sewer services to the Property prior to the Property
being tied into the City's NEWWTP;
➢ once the NEWWTP becomes fully operational, the Developers and/or the homeowners'
association shall extend the sewer lines from the package plant site to the City's
NEWWTP within twelve months of receipt of notice from the City Engineer of the City
of Baytown to the Developers or homeowners' association that the NEWWTP being fully
operational;
➢ The Developers and/or the homeowners' association shall remove the package treatment
plant within 6 months after the date the subdivision is tied into the City's NEWWTP.
All references herein to the Developers and/or homeowners' association shall include and be
binding upon their respective successors and assigns.
Dan Moody, Jr.
Moody Simmons Baytown, Ltd.,
STATE OF TEXAS §
COUNTY OF HARRIS/CHAMBERS §
Before me, the undersigned notary public, on this day
personally appeared Dan Moody, Jr., the
of Moody Simmons
Baytown, Ltd., on behalf of such company
EMIT A
known to me;
proved to me on the oath of ; or
proved to me through his/her 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.
Given under my hand and seal of office this day of 12004.
Notary Public in and for the State of
Texas
My commission expires:
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