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CC Resolution No. 1810 75 RESOLUTION NO. 1810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAYTOWN PARTNERS, LLC CONCERNING THE ANNEXATION OF THAT PORTION OF A 4.86 ACRE TRACT OR PARCEL OF LAND SITUATED IN BLOCK 140 OF ELENA FRUIT AND COTTON FARMS, UNIT "D," LYING OUTSIDE THE CITY LIMITS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, AT PAGE 48, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 4.86 ACRE TRACT BEING ALL OF THAT SAME CALLED 4.8532 ACRE TRACT AS DESCRIBED IN DEED TO EXXON BAYTOWN CREDIT UNION AND RECORDED IN HARRIS COUNTY CLERK'S FILE NO. P060937 AND CORRECTED IN HARRIS COUNTY CLERK'S FILE NO P165312; 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 Baytown Partners, LLC for the annexation of that portion of a 4.86 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D," lying outside the city limits, according to the map or plat thereof recorded in Volume 7, at Page 48, of the Map Records of Harris County, Texas, said 4.86 acre tract being all of that same called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerk's File No. P060937 and corrected in Harris County Clerk's File No. P165312; 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 Baytown Partners, LLC concerning the annexation of that portion of a 4.86 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D," lying outside the city limits, according to the map or plat thereof recorded in Volume 7, at Page 48, of the Map Records of Harris County, Texas, said 4.86 acre tract being all of that same called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerk's File No. P060937 and corrected in Harris County Clerk's File No. P165312. 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. 76 INTRODUCED, READ and PASSED, by the affirmative v e of the City Council of the City of Baytown this the 24th day of August, 2006. t ST HE . DONCARLOS, Mayor �AT ST: L ODY, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR. (5'ty Attorney R:Ueanene\My Documents\Council\05-06\August 2nd\GrantAnnexationPetitionofBaytow Parmers.doc 2 UO ' 200E PETITION REQUESTING ANNEXATION �: 9 STATE OF TEXAS COUNTY OF HARRiS/CHAMBERS Come now, n_?GJ►1j 1 `Zd L_G _ owner(s) of the real property described as follows to-wit: METES AND BOUNDS DESCRIPTION, MAP, TOGETHER WITH PROOF OF OWNERSHIP (DEED, TITLE POLICIES, ETC.) MUST BE ATTACHED; STATE THE PURPOSE OF THIS ANNEXATION (WHAT WILL BE BUILT, PLACED, ETC.) 30,000 square foot Retail Center 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. 1 (We), Baytown Partners LLC the Owner(s) of the above-described property request annexation of the property by the City of Baytown. Signed this the_2nd_ _ day of August . 20 06 twer Si ature Owner ignature Barry A. Schnakenburg mpm William P. Schnakenburg, Member Type Name and Title Type Name and Title P.O. BOX 629 F9anc.,tllo_r_TN P.O. Box 629, Funngvill0, TN Address: Address: 8_12-425-2428 812-425-2428 Telephone Number Telephone Number -b-art @ ciniticr__ rio_.—ggrniirine.,_e.om wi11 O us!nclustri esgrouo?nc,com Email Address Email Address EXHIBIT A P,mon for Annexation Page 2o 2 Acknowledgement Indiana State of'T**&r § County of § Vanderburgh Before me, the undersigned authority, on this day personally appeared Barry A. Schnakenburg_ & William P. Schnakenb_urgknown to me to be the persons) whose name(s) is/are subscribed hereto, and who acknowledged that he/she/they executed the same for the purposes and consideration therein expressed. To certify which, witness my hand and official seat on this the h, 7 G� day of Notary Public * State O"C*X*A*� INDIANA (seal) Nancy P. Herbert 2/8/10 -------- -- Notary's Name Printed or Typed State of Texas County of § This instrument was acknowledged before me on _. by as of a corporation, a behalf of said corporation. To certify which, which witness my hand and official seat on this the day of Notary Public * State of T E X A S (seal) Notary's Name Printed or Typed AFTER RECORDING RETURN TO: City of Baytown Attn: City Clerk's Office P O Box 424 Bavtown, Texas 77522-0424 AUG-02-06 14:49 FROM-COMMERCE TITLE 201-420 9555 T-678 P.002/005 F-787 AFTER RECORDING RETURN TO: COMMERCE TITLE COMPANY 700 Rollingbrook Drive Suite "E" Baytown, Texas 77521 GF No. 183849 General Warranty Deed NOTICE OF CONFIDENTIALITY RIGHTS If you are a Natural Person,you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' icense Number. Date: The ✓I day of , 2006 Grantor: STEGER AND CHAVASON GENERAL PARTNERSHIP, a partnership consisting of H.DENNIS STEGER and TOM CHAVASON Grantor's Mailing Address: [include county] 5231 Garth Road Baytown,Texas 77521 (Harris County) Grantee: BAYI'OWN PARTNERS,LLC Grantee's Mailing Address: [include county] 1701 First Avenue Evansville,Indiana (Vanderburgh County) Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. AUG-02-86 14:49 FROM-COMMERCE TITLE 281-420 9555 T-678 P.003/005 F-787 Property (including any improvements): A 4.86 acre tract or parcel of land situate in Block 140, of ELENA FRUIT AND COTTON FARMS,Unit "D", according to the map or plat thereof recorded in Volume 7, at Page 48, of the Map Records of Harris County,Texas,said 4.86 acre tract being all of that same called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerks File No. P060937 and corrected in Harris County Clerks File No. P165312 said 4.86 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. Reservations from Conveyance: NONE Exceptions to Conveyance and Warranty: (i)Any Liens described as part of the Consideration,and any other Liens described in this Deed as being either assumed or subject to which title is taken;(ii)all validly existing easements,rights-of- way,and prescriptive rights,whether of record or not; (iii)all presently recorded and validly existing instruments,other than Liens and Conveyances,that cover and/or affect the Property; and(iv) all validly assessed maintenance fees, standby fees, taxes, and assessments by any taxing authority and/or other entity,for the year 2006,which items have been prorated by and between the Grantor and the Grantee as of the date of this Deed, and which items the Grantee assumes and agrees to pay. Grantor,for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys the Property to Grantee,together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors,and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property, to Grantee and Grantee's heirs, successors, utan�ereoe except as every to ng or to the Reservations from rson whomsoever Conveyanly ce1and the claim the same or any p Exceptions to Conveyance and Warranty. When the context requires. singular nouns and pronouns include the plural. STEGER AND CHAVASON GENERAL PARTNERSHIP n . By: H. DENNIS STEGER— net By: "' v � TOM CHAVASON—Partner AUG-02-06 14:49 FROM-COMMERCE TITLE 281-420 9555 T-678 P.004/005 F-787 THE STATE OF TEXAS § COUNTY OF RABBIS § /(,� This instrument was acknowledged before me on the '/�day of H DENMS STEGER and TOM CHAVASON, the Partners STEGE &aVASON GENERAL-pARTNERSHIP, a Texas General Partnership,in a apacity therein stated,as the act and deed of such Partnership- ve�oiiu�4y IAIIRA fJIARIR ROB1N$ON TNTARY UBk ,.; NosarY PumiG state o}raze= FOR THE TATE OF XAS -�.�LK"•'p My Cammis5ion ExPiroa ..i„` February 17,200e PREPARED BY: DANML R EuCiNS 4619 Country Club View Baytown.Toes 77521 DE/de CD.ENTTrYSET•183849.wpd ANNEXATION DESCRIPTION 3,25 ACRES ON GARTH ROAD Being a 3.25 acre tract or parcel of land situate in Block 140 of Elena Fruit and Cotton Farms, Unit"D",according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County,Texas,said 325 acres tract being a portion of a called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerks File No. P060937 and corrected in Harris County Clerks File No.P165312 said 3.25 acre tract being murc particularly described by metes and bounds as follows; COMMENCING at a 1/2' iron rod found on the west line of Garth Road,for the northeast corner Of a called 3.76 acre tract as described in deed recorded in Harris County Clerks File No. B800908 and the southeast comer of the said called 4.8532 acre tract,said point huviag a State Plane Coordinate System,South Central Zone,BAD 83 coordinate of N 13853329.8576 and E 3243977.5536; THENCE S 77"20'546'W,along the south line of the said called 4.8532 acre tract,a distance of 240,02 feet,to a point for corner on the existing west city limit line 300 feet west of the centerline of Garth Road,for the southeast comer and POINT OF BEGINN WG of the herein described h'act; THENCE S 77°20'56"W,continuing Wong the south line of the said called 4.8532 aaa tract,a distance of 484.26 feet to a 1/2" iron rod will,plastic cap stamped"RPLS 4980" found fur the southwest comer of the herein described tract;; 'fHLNCE N 11'54'20"W,passing at 177,88 feet a /2"iron red found for the soudteust curnerof a culled 0.7 acre tract as described in deed recorded in Harris County Clerks File No,L477681, and continuing for a total distance of 292,62 feet,to a 1/2" iron rod found for the southwest corner of a called 4.00 acre tract as described in deed recorded in Harris County ClerJts File No. 14051109 and the northwest corner of the herein described tract; THENCE N 77"21'27"E,passing at 38,21 feet a 1/2" iron rud found in a free for a southeast comer of the said called 4.00 acre tract and the southwest corner of a called 1.00 acre tract as described in deed recorded in Hari is County Clerks File No.P797035,and passing at 473.85 feet a 1/"iron rod found for the southeast comer of the said culled 1.00 acre tract and the southwest corner of a called 0.528 acre tract as described i❑deed recorded in Harris County Clerks File No. N551510,and continuing for a total distance of 483.94 feet,to point for comer for the northeast comer of the herein described tract; THENCE S 11"58'13"E,along the sold existing city limit line,a distance of 292.54 feet,to the POINT OF BEGINNING,containing a calculated area of 325 acres of land. Notes:This document was prepared under 22TAC j663a L does not reflect the results 01 an un the ground survey,and 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 boundury of doe political subdivision for which it was prepared. This field note description is part of the plat of same date.The bearings shown hereuu are referenced to State Plane Coordinate System,South Ceutrul Zone,NA 83. �j SE OF �� Edsre'gFt9 JA .MCCLELLAN p(�,p . NO.4980 f JAMES R.MCCLELLgN 1 /N1- 3-2006 "�bSURVf:...