CC Resolution No. 1757 84
RESOLUTION NO. 1757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF BURNET BAY, LTD.,
CONCERNING THE ANNEXATION OF 403.9469 ACRES OF LAND IN THE
NATHANIAL LYNCH SURVEY, A-44 AND THE WILLIAM HILBUS
SURVEY, A-336, 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 owners 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 Burnet Bay, Ltd.,
for the annexation of 403.9469 acres of land in the Nathanial Lynch Survey, A-44 and the
William Hilbus Survey, A-336, 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 Burnet Bay, Ltd., concerning the annexation of 403.9469 acres of land in the
Nathanial Lynch Survey, A-44 and the William Hilbus Survey, A-336, 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 8`h day of December, 2005.
CALVIN MUNDINGER, Ma
AT: T
/ff
LVIN KN , nterim C Clerk
APPROVED AS TO FORM:
s�
ACIO RAMIREZ, SW., City Attorney
R:Veanene\My Documents\Council\05-06\December 1st\AnnexationPetitionBumetBayLtd.doc
PETITION FOR ADDITION OF CERTAIN LAND INTO
THE CITY OF BAYTOWN,TEXAS
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
TO: THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (the "City");
Burnet Bay, Ltd., a Texas limited partnership, (the "Petitioner"), the owner of the
land hereinafter described, acting pursuant to the provisions of Chapter 43, Texas Local
Government Code, particularly Section 43.028 together with all amendments and
additions thereto, petition this Honorable City Council to add the land described by
metes and bounds in Exhibit A, attached hereto and incorporated herein for all
purposes (the "Land"), to the City, and in support of this petition the Petitioner
represents, covenants and agrees as follows:
Section 1: The Land lies entirely within Harris County, Texas and is
accurately described by metes and bounds in Exhibit A.
Section 2: The Petitioner holds fee simple title to and full ownership of all the
Land.
Section 3: All of the Land is within the extraterritorial jurisdiction of the City
(as such term is defined in Texas Local Government Code Section 42.001 et se ., as
amended).
Section 4: In accordance with the requirements of Section 43.028, Texas Local
Government Code, the Land is (i) one-half mile or less-in-width,-(2)is contiguous to the
City and (3) is vacant and without residents.
Section 5: This petition shall constitute an election on the part of the
Petitioner, its successors and assigns, for the Land and any improvements that are now
or may hereafter be constructed thereon, to become liable for all present and future
debts of the City in the same manner and to the same extent as other lands and
improvements in the City are liable for the City's debts.
Section 6: Without limiting the generality of Section 5 above, the Petitioner
hereby agrees that the Land, and all improvements thereon presently existing or to be
constructed, hereby assumes its share of liability for the payment of any and all bonds
or other obligations of the City: (i) that are currently outstanding or hereafter issued;
E=ff A
82202
and (ii) that are currently voted but unissued. The Petitioner also hereby agrees that the
Land, and all improvements thereon presently existing or to be constructed, shall be
taxed equally with all other property in the City. The Petitioner acknowledges,
consents to, and affirmatively requests the assumption by the Land of a pro rata share
of all obligations of the City, and of the taxes levied or hereafter to be levied by the City.
Section 7: The Petitioner hereby certifies that there are no lienholders on the
Land except Capital Farm Credit, FLCA, Carl R. Woods and Floyd D. Woods.
WHEREFORE, the Petitioner prays that this Petition be granted; that the Land be
added to and become a part of the City; and that this Petition, if granted, be filed for
record and be recorded in the Official Public Records of Real Property of Harris County,
Texas.
[EXECUTION PAGE FOLLOWS]
82202 2
RESPECTFULLY SUBMITTED this day of Amv �, 2005.
PETITIONER:
BURNET BAY, LTD., a Texas limited
partnership
By: Hammersmith Group, Inc., a
Delaware corporation, its General
Partner
By:
Y
George Kopecky
Vice President
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this '-(day of N," , 2005,
by George Kopecky, Vice President of Hammersmith Group, Inc., a Delaware
corporation, as General Partner of BURNET BAY, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
(NOTARY SEAL)
ei �IA'r f.THJrv' <
4 c M seio F v=s Notary Public, State o Texas
Attachment:
Exhibit A - Description of the Land
82202
EXHIBIT A
METES AND BOUNDS DESCRIPTION
IL RRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES / 17,595,926 SQUARE FEET OF LAND
NATHANIAL LYNCH SURVEY,A-44
WILLIAM HILBUS SURVEY,A-336
HARRIS COUNTY, TEXAS
August 12, 2005
Description of 403.9469 acres, (17,595,926 square feet)of land described by deeds to Burnet
Bay, LTD recorded under Harris County Clerk's File Numbers X913086,Y603616,Y603617,
and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William
Hilbus Survey, Abstract Number 336, Hams County, Texas, and more particularly described in
two, (2)parts by metes and bounds as follows:
TRACT 1 -264.5684 ACRES / 11,524,599 SOFT.
264.5684 acres, (11,524,599 square feet)of land described by deeds to Burnet Bay,LTD
recorded under Hams County Clerk's File Numbers Y603616,Y603617, and Y603619, located
in the William Hilbus Survey, Abstract Number 336,Harris County, Texas;
BEGINNING at a 5/8-inch iron rod found at the most northerly northwest comer of a called
23.1480 acre tract of land described by deed to Burnet Bay, LTD recorded under Harris County
Clerk's File Number Y603619 in the south right-of-way line of Interstate Highway 10;
THENCE,with the south right-of-way line of said Interstate Highway 10 the following five, (5)
courses and distances:
1. North 84 degrees 51 minutes 28 seconds East, a distance of 195.04 feet to a 5/8-inch iron rod
found for angle point;
2. North 86 degrees 42 minutes 21 seconds East, a distance of 104.82 feet to a 5/8-inch iron rod
found for angle point;
3. North 86 degrees 32 minutes 20 seconds East, a distance of417.11 to a concrete monument
found for angle point;
4. South 78 degrees 02 minutes 09 seconds East, a distance of 190.78 feet to an angle point and
Page 1 of 7 Pages
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 2 of 7 Pages
August 12, 2005
from which a concrete monument found bears North 83 degrees 20 minutes 58 seconds West,
a distance of 1.74 feet;
5. North 86 degrees 42 minutes 21 seconds East, a distance of 1,037.27 feet to a 1/2-inch iron
rod found at the northeast comer of said 23.1480 acre tract and the northwest comer of a
called 8.92 acre tract of land described by deed to Missouri Pacific Railroad Company,
recorded under Hams County Clerk's File Number G045735
THENCE, South 02 degrees 29 minutes 21 seconds East,with the west line of said 8.92 acre
tract, a distance of 1,295.26 feet to a 5/8-inch iron rod found at the southwest corner ofsaid 8.92
acre tract and the southeast comer of said 23.1480 acre tract in the north line of a called 5.923
acre tract of land described by deed to Missouri Pacific Railroad Company,recorded under
Harris County Clerk's File Number G221936 for corner;
THENCE, South 86 degrees 56 minutes 56 seconds West,with the south line of said 23.1480
acre tract and the north line of said 5.923 acre tract, a distance of 5.41 feet to a 5/8-inch iron rod
found at the northwest comer of said 5.923 acre tract and the most easterly northeast comer of a
called 201.2111 acre tract of land described by deed to Burnet Bay, LTD,recorded under Hams
County Clerk's File Number Y603616;
THENCE, South 02 degrees 30 minutes 33 seconds East, with the east line of said 201.2111 acre
tract, a distance of 2,710.87 feet to a 5/8-inch iron rod with cap found at the southeast corner of
said 201.2111 acre tract in the north line of a called 9.057 acre tract of land described by deed to
Martin Marietta Materials, Inc. recorded under Harris County Clerk's File Number R230583;
THENCE,North 81 degrees 30 minutes 36 seconds West, with the south line of said 201.2111
acre tract and the north line of said 9.057 acre tract, a distance of 177.02 feet to the east comer of
a called 0.1538 acre parcel of land described by deed to Burnet Bay, LTD, recorded under Harris
County Clerk's File Number Y603617;
THENCE,North 81 degrees 30 minutes 36 seconds West, with the south line of said 0.1538 acre
parcel and the south line of a called 36,190 square foot parcel of land described by deed to
Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603617, a distance of
4,298.93 feet to the southwest corner of said 36,190 square foot parcel and the northwest comer
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 3 of 7 Pages
August 12, 2005
of a tract of land described by deed to Mary K. Ellison, et al,recorded under Harris County
Clerk's File Number V278078 in the east right-of-way line of Thompson Road;
THENCE,North 02 degrees 35 minutes 27 seconds West,with the west line of said 36,190
square foot parcel,the west line of a called 11.1438 acre tract of land described by deed to
Burnet Bay, LTD,recorded under Harris County Clerk's File Number Y603619, and the east
right-of-way line of said Thompson Road, a distance of 937.03 feet to the northwest comer of
said 11.1438 acre tract and the southwest comer of a called 6.00 acre tract of land described by
deed to Charles W Caldwell, et ux,recorded under Harris County Clerk's File Number S015995;
THENCE,North 86 degrees 58 minutes 57 seconds East,with the north line of said 11.1438 acre
tract and the northerly line of said 201.2111 acre tract, a distance of 1,131.37 feet to a 1/2-inch
iron rod found at the southeast comer of a called 6.00 acre tract of land described by deed to
Sterling Trust Company,trustee,recorded under Harris County Clerk's File Number S015998 for
comer;
THENCE,North 04 degrees 52 minutes 49 seconds West,with the westerly line of said
201.2111 acre tract and the east line of said 6.00 acre Sterling Trust Company tract, a distance of
138.61 feet to a 1/2-inch iron rod found for angle point;
THENCE,North 08 degrees 48 minutes 35 seconds West,with the westerly line of said
201.2111 acre tract, a distance of 743.03 feet to a 1/2-inch iron rod found at the northeast corner
of a called 10.00 acre tract of land described by deed to Mohammad S. Subedar,recorded under
Harris County Clerk's File Number T584957 the southeast comer of a called 16.0520 acre tract
of land described by deed to TA Operating Corporation,recorded under Harris County Clerk's
File Number P611282, and the northwest comer of a called 3,263 square foot parcel of land
described by deed to Burnet Bay, LTD,recorded under Harris County Clerk's File Number
Y603617;
THENCE,North 86 degrees 57 minutes 43 seconds East,with the northerly line of said 3,263
acre parcel, a distance of 1,334.95 feet;
THENCE,North 02 degrees 31 minutes 20 seconds West, with a westerly line of said 3,263 acre
parcel, a distance of 1.08 feet to a 5/8-inch iron rod found for corner;
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 4 of 7 Pages
August 12, 2005
THENCE,North 87 degrees 27 minutes 38 seconds East, with the north line of said 3,263 acre
parcel, a distance of 86.26 feet to a 3/4-inch iron rod found at the northeast comer of said 3,263
acre parcel;
THENCE,North 02 degrees 37 minutes 58 seconds West,with the west line of said 201.2111
acre tract and the west line of said 23.1480 acre tract, a distance of 1,330.78 feet to the POINT
OF BEGINNING and containing 264.5684 acres, (11,524,599 square feet) of land.
TRACT 2 - 139.3785 ACRES /6,071,327 SO.FT.
139.3785 acres, (6,071,327 square feet) of land described by deed to Burnet Bay, LTD recorded
under Harris County Clerk's File Number X913086;
BEGINNING at the most southerly comer of said 139.3785 acre tract in the northeast right-of-
way line of Decker Drive, (also known as Spur 330);
THENCE,North 66 degrees 25 minutes 36 seconds West,with the southwest line of said
139.3785 acre tract and the northeast right-of-way line of said Decker Drive, a distance of 723.91
feet to the centerline of Spring Creek Gully-,
THENCE,with the westerly line of said 139.3785 acre tract and the centerline of said Spring
Creek Gully the following ten, (10) courses and distances:
1. North 36 degrees 21 minutes 39 seconds West, a distance of 76.57 feet;
2. North 14 degrees 31 minutes 43 seconds East, a distance of 80.08 feet;
3. South 61 degrees 58 minutes 42 seconds East, a distance of 107.64 feet;
4. North 25 degrees 46 minutes 10 seconds East, a distance of 119.15 feet;
5. North 74 degrees 02 minutes 30 seconds West, a distance of 211.92 feet;
6. North 23 degrees 56 minutes 57 seconds West, a distance of 92.31 feet;
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 5 of 7 Pages
August 12, 2005
7. North 55 degrees 10 minutes 49 seconds West, a distance of 136.45 feet;
8. North 07 degrees 12 minutes 21 seconds West, a distance of 124.18 feet;
9. North 46 degrees 42 minutes 15 seconds East, a distance of 61.88 feet;
10.North 33 degrees 50 minutes 44 seconds West, a distance of 73.82 feet to the southwest
comer of a called 1.760 acre tract of land described by deed to the City of Baytown, recorded
under Harris County Clerk's File Number P029811;
THENCE,North 64 degrees 44 minutes 31 seconds East,with the southeast line of said 1.760
acre tract, a distance of 607.86 feet to the east comer of said 1.760 acre tract and the south comer
of a called 4.896 acre tract of land described by deed to the City of Baytown,recorded under
Hams County Clerk's File Number P029811 and the beginning of a non-tangent curve to the
right;
THENCE, northeasterly,with the southeast line of said 4.896 acre tract and the are of said non-
tangent curve to the right having a radius of 853.65 feet, a central angle of 11 degrees 31 minutes
20 seconds, a chord bearing of North 45 degrees 15 minutes 47 seconds East, a chord distance of
171.38 feet, and an arc length of 171.67 feet to the most easterly comer of said 4.896 acre tract
and the non-tangent end of said curve;
THENCE,North 25 degrees 05 minutes 45 seconds West,with the northeast line of said 4.896
acre tract, a distance of 692.30 feet to the most northerly comer of said 4.896 acre tract and the
most northerly northwest corner of said 139.3785 acre tract in the southeast right-of-way line of
Interstate Highway 10;
THENCE,with the southeast right-of-way line of said Interstate Highway 10 the following five,
(5)courses and distances:
1. North 64 degrees 57 minutes 33 seconds East, a distance of 257.17 feet to the beginning of a
curve to the left and from which a concrete monument found bears North 26 degrees 23
minutes 24 seconds West, a distance of 1.38 feet;
2. Northeasterly,with the arc of said curve to the left having a radius of 572.96 feet, a central
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 6 of 7 Pages
August 12, 2005
angle of 29 degrees 29 minutes 29 seconds, a chord bearing of North 50 degrees 08 minutes
08 seconds East, a chord distance of 291.67 feet, and an arc length of 294.92 feet to a
concrete monument found for point of tangency;
3. North 35 degrees 23 minutes 23 seconds East, a distance of 29.31 feet to a concrete
monument found at the beginning of a curve to the right;
4. Northeasterly,with the arc of said curve to the right having a radius of 572.96 feet, a central
angle of 29 degrees 31 minutes 28 seconds, a chord bearing of North 50 degrees 08 minutes
57 seconds East, a chord distance of 291.99 feet, and an arc length of 295.25 feet to the point
of tangency of said curve and from which a concrete monument found bears North 06
degrees 25 minutes 24 seconds East, a distance of 0.54 feet;
5. North 64 degrees 54 minutes 41 seconds East, a distance of 933.30 feet to a 1/2-inch iron rod
with cap found at the most northerly comer of said 139.3785 acre tract an the most westerly
comer of the residue of a called 170.974 acre tract of land described by deed to Venture
2000, LTD,recorded under Hams County Clerk's File Number V226376; -
THENCE, South 55 degrees 10 minutes 43 seconds East,with the southwest line of said residue
tract and the northeast line of said 139.3785 acre tract, a distance of 635.77 feet to a 1/2-inch iron
rod with cap found for angle point;
THENCE, South 55 degrees 29 minutes 48 seconds East,with said common line,a distance of
87.42 feet to a 1/2-inch iron rod with cap found at the most southerly comer of said residue tract
in the southwest line of a called 25.0000 acre tract of land described by deed to CFJ properties,
recorded under Harris County Clerk's File Number V247862;
THENCE, South 25 degrees 02 minutes 55 seconds East,with the southwest line of said 25.0000
acre tract, a distance of 424.55 feet to a 1/2-inch iron rod with cap found at the most southerly
comer of said 25.0000 acre tract;
THENCE,North 64 degrees 57 minutes 05 seconds East,with the southeast line of said 25.0000
acre tract, a distance of 1,122.04 feet to a 1/2-inch iron rod with cap found at the southeast comer
of said 25.0000 acre tract in the west right-of-way line of Thompson Road;
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 7 of 7 Pages
August 12, 2005
THENCE, South 02 degrees 38 minutes 55 seconds East, with the west right-of-way line of said
Thompson Road, a distance of 1,073.82 feet to a 1/2-inch iron rod with cap found at the
southeast comer of said 139.3785 acre tract and the northeast comer of Elena Fuit & Cotton
Farms,Unit D, Block 142, a subdivision as shown on the plat thereof recorded in Volume 7,
Page 48, of the Harris County Map Records;
THENCE, South 63 degrees 06 minutes 21 seconds West,with the southerly line of said
139.3785 acre tract and the northerly line of said Elena Fuit &Cotton Farms,Unit D,Block 142,
a distance of 3,200.21 feet to the POINT OF BEGINNING and containing 139.3785 acres,
(6,071,327 square feet)of land.
All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD83 and are based on static GPS observations.
This description is submitted in conjunction with a District Boundary Map of Harris County
Municipal Utility District Number 473, is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of Hams County Municipal Utility District Number 473, for
which it was prepared.
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Walter J. Wilbanks, .P S. .........:..
Texas RegistrationNumber4936 ____ _. WALTM J. VVILBANK
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Project No. 031840.800.1.0002
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