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CC Resolution No. 1688 92 RESOLUTION NO. 1688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF S.M.D. #1, LTD., CONCERNING THE ANNEXATION OF 30.374 ACRES OF LAND IN THE W. C. R. R. COMPANY SURVEY NUMBER 1, ABSTRACT 899, NORTH OF ARCHER ROAD AND WEST OF GARTH ROAD IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *s**•*****r**►*sr***�*r*t***s***a***+*a*+********a�**a+*:**a+:*>ks+**.ra*�**s+*+r*r+«* 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- "'rtv and all persons or entities with an interest therein; and 1 WHEREAS, the City of Baytown has received such a peti concerning the annexation of 30.374 acres of land in the W. C. R. ' Abstract 899,north of Archer Road and west of Garth Road in Harris Co SmQ tc1 WHEREAS, on this date, the City Council heard the petition z ;t 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 filed by S.M.D. #1, Ltd., concerning the annexation of 30.374 acres of land in the W. C. R. R. Company Survey Number 1, Abstract 899, north of Archer Road and west of Garth Road in 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 I I1h day of November, 2004. CALVIN MUNDINGER, Mayor ATTEST: 6rWR1,0W. SMITH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., Cit At orney VABdc2Vlitigation\Karen\FilesVCity Council\ResolutionsVGrantingPetitionfSMD#14Annexation.doc PETITION REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRIS Come now, SMD 41 a Limited Partnership ID#75-1512395 owner(s) of the real property described by metes and bounds as follows: Being a tract of land containing 30.374 acres, located within the W C.R.R. Company Survey Number 1, Abstract 899, in Harris County, Texas; Said 30.374 acres being out of a call 32.1532 acre tract of land recorded in the name of S.M.D. #1, Ltd., in Harris County Clerk's File (H.C.C.F.) Number G797809; Said 30.374 acres being more particularly described by metes and bounds as follows: (Bearings are based on the westerly line of said 32.1532 acre tract); COMN ENCING at a %z inch iron rod found for the southeast corner of a tract of land recorded in the name of Bank of America, N.A., in H C.C.F. Number W307100 at the northwest intersection of Garth Road (width varies, as described in H.C.C.F. Numbers F576326, F560510, and F818954) and Archer Road (unimproved, 120 feet wide, as described in H.C.C.F. Numbers G231089, F891799, and F804907); THENCE, with the northerly right-of-way (ROW) line of said Archer Road, South 79 degrees 25 minutes 55 seconds West, a distance of 982.79 feet to a %z inch iron rod found at the southwest corner of said Bank of America, N.A., tract and POINT OF BEGINNING for the herein described tract; THENCE, continuing with said northerly ROW line, South 79 degrees 25 minutes 55 seconds West, a distance of 345.79 feet to a 518 inch iron rod set on the easterly line of a call 5.487 acre tract recorded in the name of Houston Lighting & Power Company in Volume 3042, Page 536, of the Harris County Deed Records (H.C.D.R); THENCE, with the easterly line of said 5.487 acre tract, North 10 degrees 08 minutes 56 seconds West, a distance of 1,395.61 feet to a 518 inch iron rod set at the southwest corner of a call 0.9640 acre tract recorded in the name of Diamond Shamrock Corporation in H.C.C.F. Number F043716, THENCE, with the southerly line of said 0.9640 acre tract, North 79 degrees 25 minutes 26 seconds East, a distance of 524.33 feet to a 518 inch iron rod set at the southeast corner of said 0.9640 acre tract, the southwest corner of a call 1.2899 acre tract recorded in the name of Diamond Shamrock Corporation in H.C.CF. Number F043714, and the northwest corner EXMBff A of a call 3.626 acre tract recorded in the name of Louis Anthony Crespo, et at, in H.C.CF. Number V781691,from which a 518 inch capped iron rod found at the northeasterly corner of said 0.9640 acre tract and the northwesterly corner of said 1.2899 acre tract bears North 10 degrees 31 minutes 09 seconds West, a distance of 80.00 feet; THENCE, with the of westerly line of said 3.626 acre tract, South 10 degrees 31 minutes 09 159.11 feet to a 518 inch iron rod found at the southwest corner seconds East, a distance of said 3.626 acre tract; THENCE, with the southerly line of said 3.626 acre tract, North 79 degrees 28 minutes 51 seconds East, a distance of 886.41 feet to a 518 inch iron rod found at the southeast corner of said 3.626 acre tract on the westerly ROW line of said Garth Road; THENCE, along said westerly ROW line the following three (3) courses: 1. South 06 degrees 25 minutes 11 seconds East, a distance of 162.47 feet to a 518 inch iron rod set for an angle point in said westerly ROW line; 2. South 83 degrees 34 minutes 49 seconds West, a distance of 5.00 feet to a 518 inch iron rod set for an angle point in said westerly ROW line; 3. South 06 degrees 25 minutes I seconds East, a distance of 623.94 feet to a 518 inch iron rod set at the northeast corner of said Bank of America, N.A., tract; THENCE, with the northerly line of said Bank of America, N.A., tract, South 79 degrees 30 minutes 04 seconds West, a distance of 1,011.63 feet to a 518 inch iron rod set at the northwest corner of said Bank of America, N.A., tract; THENCE, with the westerly line of said Bank of America, N.A., tract, South 10 degrees 22 minutes 30 seconds East, a distance of 453.03 feet to the POINT OF BEGINNING and containing 30.374 acres of land. Said tract of land is one-half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residents. I (We), SMD #1, a Limited Partnership ID # 75-1512395, the owner(s) of the above described property request annexation of the property by the City of Baytown. Signed this theaLiDt-day of October, 2004. Ge eral Partner Acknowledgement State of Texas County of Harris Before me, the undersigned authority, on this day personally appeared Linda Arthur, known to me to be the person whose name is subscribed hereto, and who acknowledged that she executed the same for the purposes and consideration therein expressed. To certify which, witness my hand and official seal. / Notary Public, State o Tee My commission expires: �.- , �amelQ (3111eelu NEELY ' Notary's name printed Notary Public State of Texas my commission Expires February 21,2006 Exhibit page I of 2 pages County Harris Project. Garth Road M.S.G. No 041330 Job Number. 753-BDY FIELD NOTES FOR 30.374 ACRES -V,153-2 Being a tract of land containing 30.374 acres, located within the W.C.R.R. Company Survey Number I, Abstract 899, in Harris County, Texas; Said 30.374 acres being out of a call >2.1532 acre tract of land recorded in the name of S.M.D. 91 , Ltd., in Harris County Clerk's File (H.C.C.F.) Number G797809; Said 30.374 acres being more particularly described by metes and bounds as follows (Bearings are based on the westerly line of said 32.1532 acre tract) COMMENCING at a 1/2 inch iron rod found for the southeast comer of a tract of land recorded in the name of Bank of America, cries, as described mn r W3 7100F. at the northwest intersection of Garth Road ers F576 326, F560510, and F818954) and Archer Road (unimproved, 120 feet wide, as described in H.C.C.F. Numbers G231089, F891799, and F804907); , ' -of-way (ROW) line of said Archer Road, l FIENCE with the northerly South 79 right degrees minutes 55 seconds ��'es(, a distance of 982.79 feet to a 1/2 inch iron rod said Bank of America, N.A., tract and PORT OF found at the southwest comer of BF,(;INNING for the herein described tract, THCiNC1:. continuing with said northerly RO\\' line, South 79 degrees 25 minutes 5) 9 feet to a 5/8 inch iron rod set on the easterly line of a seconds west, a distance of 345.7cal tract recorded g of he Harris County Deed Records (tH.C.D.R�wer Company to THENCE, with the easterly line of said 5.487 acre tract, North 10 degrees 08 minutes 56 seconds West, a distance of 1,395.61 feet to a 5/8 inch iron rod set at the southwest corner of a call 0.9640 acre tract recorded in the name of Diamond Shamrock Corporation in H.C.C.F. Number F043716; THENCE, with the southerly line of said 0.9640 acre tract, North 79 degrees 25 minutes 26 seconds East, a distance of 524.33 feet to a 5/8 inch iron rod set at the southeast comer call 1.2899 acre tract recorded in the of said 0.9640 acre tract, the southwest comer of a name of Diamond Shamrock Corporation in H.C.C.F. Number F043714, and the northwest corner of a call 3.626 acre tract recorded in .the name of Louis Anthony Crespo, et al, in H.C.C.F. Number V781691, from which a 5/8 inch capped iron rod re tract said a 2t899 acore tract bea soNorth 10 degr96s the nrtheasterly cmer of said 031 cminutes 9dseconds West,the northwesterly ladistance of 80.00 feet, Exhibit page 2 of 2 pages THENCE, with the westerly line of said 3.626 acre tract, South 10 degrees 31 minutes 09 seconds East, a distance of 159.11 feet to a 5/8 inch iron rod found at the southwest comer of said 3.626 acre tract, THENCE, with the southerly line of said 3.626 acre tract, North 79 degrees 28 minutes 51 seconds East, a distance of 886.41 feet to a 5/8 inch iron rod found at the southeast corner of said 3.626 acre tract on the westerly ROW line of said Garth Road, THENCE, along said westerly ROW line the following three(3) courses: 1. South 06 degrees 25 minutes I I seconds East, a distance of 162.47 feet to a 5/8 inch iron rod set for an angle point in said westerly ROW line; 2. South 83 degrees 34 minutes 49 seconds West, a distance of 5.00 feet to a 5/8 inch iron set for an angle point in said westerly ROW line; 3. South 06 degrees 25 minutes I I seconds East, a distance of 623.94 feet to a 5/8 inch iron rod set at the northeast corner of said Bank of-America, N.A., tract; THENCE, with the northerly line of said Bank of America, N.A., tract, South 79 degrees 30 minutes 04 seconds West, a distance of 1,011.63 feet to a 5/8 inch iron rod set at the northwest corner of said Bank of America, N.A., tract; THENCE, with the westerly line of said Bank of America, N.A., tract, South 10 degrees 22 minutes 30 seconds East, a distance of 453.03 feet to the POINT OF BEGINNING and containing 30.374 acres of land. A PLAT OF SURVEY FILED AT OUR OFFICE,JOB No. 753-13DY, ACCOMPANIES THE HEREIN DESCRIPTION. r OF y~��G STF9}q� F• Michael Hall, R.P.I,.S. .4 .......... Texas Registration No. 5765 MICHAEL HALL <'.O 5 x z NC.0 Q -y•... �SURM� Miller Survey Group Ph:'(7;13) 41.3-1900 August 26, 2004 041,330; {