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CC Resolution No. 1728 49 RESOLUTION NO. 1728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CAI, LP, DBA CONN'S, INC., CONCERNING THE ANNEXATION OF 8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224, A PART OF LOTS 11 AND 12, BLOCK 21, HIGHLAND FARMS ADDITION, AND A PART OF LOTS 14, 15, AND 16, BLOCK 7, EAST END ADDITION TO HIGHLAND FARMS, HARRIS COUNTY, TEXAS, LOCATED EAST OF GARTH ROAD BETWEEN LYNCHBURG-CEDAR BAYOU ROAD AND SOUTH ROAD; 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 owners of the property and all persons or entities with an interest therein; and WHEREAS, the City of Baytown has received such a petition Sled by CAI, LP, dba Conn's, Inc., concerning the annexation of 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.), Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas located east of Garth Road between Lynchburg-Cedar Bayou Road and South Road; 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 filed by CAI, LP, dba Conn's, Inc., concerning the annexation of 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.), Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas, located east of Garth Road between Lynchburg-Cedar Bayou Road and South Road. 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 23`h day of June, 2005. CALVIN MUNDINGER, Mayot ATTEST: Y, I ', � GARY W. SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci ttomey R:\Karen\Files\City Council\Resolutions 2005\June 23\GrantingPetitionofConn's.doc PETITION REQUESTING ANNEXATION JUN 6 E05 STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS - — CAIt LP d6 Come now, Conn' s t inc. owner(s) of the real property described by metes and bounds as follows: See attached legal description and map 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. CAI,LP dha I (We) Conn' st I,.u, the owner(s) of the above- described property request annexation of the property by the City of Baytown. Signed this the I day of April , 200 5 . Agent JJames P. Hutchison, P .E. Owner Owner Rgws/annexation/petition Moir Petition for Annexation Page 2 of 2 Acknowledgement State of Texas County of Harris/Chambers Before me, the undersigned authority, on this day personally appeared James P. Hutchison, P.E. ]mown 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. To certify which, witness my hand and official seal. Notary Public, State of Texas My commission expires: •1 OAP //-- E �ItRn1E 1—ELAn11 Notary's name printed =?DIANENolh Public �.lste Ot Texas res Rgws/annexation/petition STATE OF TEXAS) COUNTY OF HARRIS) ANNEXATION) FIELD NOTES of an 8.3957 acre tract of land situated in the Ed T. Schaffer Survey(W. C. & R. R.), Abstract 1224, Harris County, Texas and being out of and a part of Lots 11 and 12 of Block 21 of Highland Farms Addition,together with a part of Lots 14, 15 and 16, Block 7 of East End Addition to Highland Farms. Map of said Highland Farms Addition being of record in Volume 7 at Pages 60 and 61 of the Map Records of Harris County, Texas. Map of said East End Addition being of record in Volume 15 at Page 60 of the Map Records of Harris County, Texas. This 8.3957 acre tract of land is more particularly described by the following metes and bounds,to- wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE,NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR=0.9998937. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 5/8 inch iron rod found in the East right-of-way line of Garth Road (120 feet wide right-of-way) at the Northwest corner of that certain 18.00 acre tract of land conveyed by Earlon C. McWhorter, et al, to Petula Associates, LTD,by Deed dated October 15, 1993 and recorded under Film Code#521-75-1628 of the Deed Records of Harris County, Texas. Said COMMENCING POINT having a State Plane Coordinate Value of X=3,244,162.14 and Y=13,853,028.71. THENCE: North 78°09'04"East along the North line of said 18.00 acres for a distance of 40.00 feet to a 5/8 inch iron rod found for an angle point in said line. THENCE: North 50°56'05"East along the North line of said 18.00 acres for a distance of 224.90 feet to a point for the Southwest comer and POINT OF BEGINNING of this tract. Said point being in the existing Corporate Limits of the City of Baytown, Texas. THENCE: North 11'50'56"West along the West line of this tract parallel with and 300 feet East of the centerline line of Garth Road (120 feet wide right-of-way) for a distance of 631.23 feet to a point in the centerline of a 60 feet wide easement conveyed to Harris County Flood Control by Deed recorded in Volume 5385 at Page 329 of the Deed Records of Hams County, Texas and the South line of Block 7 of East End Addition to Highland Farms as recorded in Volume 15 at Page 60 of the Map Records of Harris County, Texas. Said point being in the North line of said Lot 12 of Highland Farms Addition and being the Northwest comer of this tract. PAGE 2—8.3957 ACRES, ANNEXATION. THENCE: North 77°26'34" East along the North line of this tract, the centerline of said Harris County Flood Control easement,the South line of said Block 7 of East End Addition and the North line of Lots 12 and 11, Block 21 of said Highland Farms Addition for a distance of 1090.28 feet to a POINT IN THE West right-of-way line of West Road (60 feet wide right-of- way) and the East line of said Lot 14, Block 7 of East End Addition for the Northeast corner of this tract. THENCE: South'1291'05"East along the Northernmost East line of this tract,the East line of said Lots 14, 15 and 16, Block 7 of East End Addition and the West right-of-way line of said West Road for a distance of 218.86 feet to a point for the Easternmost Southeast corner of this tract. THENCE: South 77°26'34"West along the Easternmost South line of this tract for a distance of 232.37 feet to a ''/1 inch iron rod found for the Northeast comer of that certain 4.855 tract of land conveyed by Earlon C. McWhorter, et al, to Petula Associates, LTD,by Deed dated October 15, 1993 and recorded under Film Code No. 521-75-1628 of the Deed Records of Harris County, Texas. Said point being an angle point in the Easternmost South line of this tract. THENCE: South 78°30'33" West along the Easternmost South line of this tract and the North line of said 4.855 acres for a distance of 470.00 feet to a''/z inch iron rod,with cap, set for an angle point in said line. THENCE: North 89°38'01"West along the Easternmost South line of this tract and the North line of said 4.855 acres for a distance of 25.89 feet to a 5/8 inch iron rod found for an interior comer of this tract and the Northwest corner of said 4.855 acres. THENCE: South 39°03'55"East along the Southernmost East line of this tract and the West line of said 4.855 acres for a distance of 216.78 feet to a 5/8 inch iron rod found for the Southeast corner of this tract and the Northeast corner of said 18.00 acres. i PAGE 3 —8.3957 ACRES,ANNEXATION. THENCE: South 50°56'05"West along the Westernmost South line of this tract, along the existing Corporate Limits of said City of Baytown, Texas and the North line of said 18.00 acres for a distance of 521.98 feet to the PLACE OF BEGINNING and containing within these boundaries 8.3957 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 by me from an office survey prepared from information gathered in the field during previous on the ground surveys. This office survey was prepared by me on June 6, 2005 and all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 6a' day of June,A. D., 2005. jiJne Ramsestered Professional Land Surveyor No. 4379 .............. ............. ►uu ... �nrsev 0q 4379 e� Q ' 9y0°�Essiv�yo.. All, N 1 1 ZOO l00 0 100 200 .1 1 SC.4LL:• > !NCH = 900 1' T. SCHAFFER SURVEY 1 (W. C. R. R.) 1 A - 1224 1 ,1 ,1 1� NOTE: BEARINGS ME LAMBERT GRID BEARINGS AND ALL COORDINATES REFER 1 TD THE STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE, MAD BS ALL DISTANCES ME ACTUAL DISTANCES. SCALE FACTOR • 0.9998937. REFERENCE IS MOE TO THE METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANYING THIS RAT. 1. JU-IEME RAMSEY, REGISTERED PROFESSIONAL LMD SURVEYOR NO. 4379. DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS OF M OFFICE SURVEY PREPARED FROM INFORMATION GATHERED IN THE FIELD BURNG PREVIOUS ON THE GROUND SURVEYS, THIS OFFICE SURVEY WAS PREPARED BY ME ON JUKE 6, 2D09 AND ALL LINES. BOUNDARIES AND LANDMARKS ME ACCURATELY SHOWN HEREON WITNESS MY HAND AND SEAL AT BAYTOWN. TEXAS, THIS THE 6TH DAY OF JUNE. A. R. 200i JJJ...AAAWWWIII111rrr NE RAMSEY In"TERED PROFESSIONAL LAND SURVEYOR NO. 430 :RIPTIDN: BUSCH, HUTCHISON ;;ANCRES ON 'R SURVEY (W. C. & R. R.), o-1224 ENGINEERS x ARCHITE21 OF HIGHLAND FARMS ADDITION EAST ENO ADDITION TO HIGHLAND FARMS 1209 DECKER DR. OUNTY, TEXAS