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:...