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CC Resolution No. 1879
67 RESOLUTION NO. 1879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF XT BAYTOWN 565, LP, CONCERNING THE ANNEXATION OF A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS AND BEING ALL OF TRACT I (CALLED 50.4509 ACRES) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004 AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH ALL OF THAT CERTAIN CALLED 2.33 ACRE TRACT OF LAND CONVEYED BY DELMAR WAYNE BRAZELL TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004 AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Section 43.052 of the Texas Local Government Code provides that the City may annex property without an annexation plan if the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, the City of Baytown has received a petition filed by XT Baytown 565, LP, concerning the annexation of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers 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 XT Baytown 565, LP, concerning the annexation of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by 68 Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. Said petition is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City staff to prepare a service plan for the property identified in Section 1 hereof. Section 3: 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 i.ithe City Council of the City of Baytown this the 131b day of September, 2007. STF�HE . DONCARLOS, Mayor TEST: LORRI C ODY, City Clerk APPROVED AS TO FORM: eTWACIO RAMIREZ, SR., C t Attorney R:\Karen\Files\City Council\Resolutions\2007\September 13\ResolutionGrantingPetitionotXTBaytown565Re52+acres.doc Exhibit "A" RECEIVED AU 2 7 2007 ' BY PETITION REQUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRIS/CHAIvMERS (J Come now, XT ��3N 56 S• t • owner(s) of the real property described by metes and bounds as follows; 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. a D I (We), XT 47 A�'faWN 6-65; LP the owner(s) of the above- described property request annexation of the property by the City of Baytown. Signed this the�day of Iv` A14 200 Owner Owner Owner F:g%WarmrurioNprtlrion CALIFORNIA ALL-PURPOSE ACME OWLEDGENIENT State of California County of Orange On May 10. 2007 , before me, E. Mandrun.Notary Public, personally appeared Ronny Guerrero. Personally known to me X Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my band and official seal. E.MANDRUP CommBsbn N 1591007 Notary Public•Cofilosnlo Signature of Not Public Los Angeles County Mycomm.Expires Jun 24,200 Plaa Nowy Scat Abov STATE OF TEXAS) COUNTY OF CHAMBERS) FIELD NOTES of a 52.7885 acre tract of land situated it the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar. Trustee, to J.G. Keeling and Sonya Keeling by Deed dated November 2. 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas: together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. This 52.7885 acre tract of land is more particularly described by the following metes and bounds, to-wit: NOTE: BEARINGS ARE BASED ON PLAT BEARINGS AND FOUND MONUMENTS N THE SOUTH LINE OF DEVNWOOD SUBDNSION, PHASE II, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED UNDER COUNTY CLERK'S FILE NO. 17925 OF THE PLAT RECORDS OF CHAMBERS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING N NG at a '/_ inch iron rod found in the East right-of-way line of State Highway 146 (120 feet wide right-of-way) at the Northwest comer of a called 9.028 acre tract of land conveyed to Oswaldo Morales by Deed recorded in Volume 704 at Page 657 of the Deed Records of Chambers County, Texas. Said point being the Westernmost Southwest comer and POINT OF BEGINNING of this tract. THENCE: North 07008'55" East along the Westemmost West line of this tract and the East right-of-way line of said State Highway 146 for a distance of 173.56 feet to a 2 inch iron pipe found for an exterior corner of this tract and the Southwest comer of that certain called 3.92 acre tract conveyed to Pablo and Yolanda Fuentes by Deed recorded in Volume 886 at Page 274 of the Official Public Records of Chambers County, Texas. THENCE: North 77050'50" East along an interior line of this tract and the South line of said called 3.92 acres for a distance of 2310.41 feet to a Y inch iron rod, with cap marked "Henicke", found for an interior comer of this tract and the Southeast comer of said called 3.92 acres. THENCE: North 08°00'29" East along an interior line of this tract and the East line of said called 3.92 acres for a distance of 74.95 feet to a V-- inch iron rod, with cap marked "Henicke", found for an angle point in said line at the Northeast comer of said called 3.92 acres and the Southeast corner of that certain tract conveyed to D. C. Brantley, Trustee by Deed recorded in Volume 926 at Page 428 of the Official Public Records of Chambers County. Texas. PAGE 2 — 52.7885 ACRES. THENCE: North 07°46'22" East along an interior line of this tract and the East line of said Brantley tract for a distance of 75.11 feet to a '/4 inch iron rod. with cap marked "Wilson", found for an angle point in said line at the Northeast comer of said Brantley tract and the Southeast comer of Devinwood Subdivision, Phase II as recorded under File No. 17925 of the Plat Records of Chambers County,Texas. THENCE: North O8°39'48" East along an interior line of this tract and the East line of said Devinwood Subdivision, Phase II, and at 21.35 feet pass a '/. inch iron rod, with cap marked "Wilson", found for the Southeast corner of Lot 33, Block 4 of said Subdivision; in all, a total distance of 75.49 feet to a '/. inch iron rod, with cap marked "Wilson", found for an angle point in said line at the Northeast comer of Lot 33 and the Southeast corner of Lot 34, Block 4 of said Subdivision. THENCE: North 1201 VI 3 West along an interior line of this tract and the East line of said DeNinwood SUbdibision. Phase II, for a distance of 556.66 feet to a '/ inch iron rod, with cap marked "Wilson", found for the Northeast comer of said Subdivision and an interior corner of this tract. THENCE: South 77052'42" West along the Westernmost North line of said Devinwood Subdivision, Phase II and an interior line of this tract for a distance of 1089.21 feet to a '/ inch iron rod, with cap marked "Wilson", found in the East line of Amending Plat of Devinwood Subdivision, Phase I as recorded in Volume "A" at Page 264 of the Plat Records of Chambers County, Texas, for the Northwest comer of said Devinwood Subdivision. Phase 11 and an exterior corner of this tract. THENCE: North 12°07'25' West along an interior line of this tract and the East line of said Amending Plat of Devinwood Subdivision, Phase 1 for a distance of 566.50 feet to a '/ inch iron rod found in ditch for an interior corner of this tract and the Northeast comer of said Amending Plat of Devinwood Subdivision, Phase I; from which a %z inch iron rod, with cap marked "Henicke". (found)bears North 21°14'02" West 8.32 feet. THENCE: South 76`52'I5" West along an interior line of this tract and the North line of said Amending Plat of Devinwood Subdivision. Phase 1 for a distance of 712.77 feet to a concrete right-of-way monument found in the East right-of-way line of State Highway 146 for an interior comer of this tract and the Northwest comer of said Amending Plat of Devinwood Subdivision, Phase 1. PAGE 3 — 52.7885 ACRES. THENCE: North 12027'25 ' East along an the Northernmost West line of this tract and the East right-of-way line of said State Highway 146 for a distance of 27.72 feet to a 3/8 inch by 8 inch spike set for the Southwest corner of said called 2.33 acres for an angle point in this line: from which a !/: inch iron rod (found) bears'South 48°23'06" West 6.78 feet. THENCE: North 12°27'24" East along the Northernmost West line of this tract, the East right-of-way line of said State Highway 146 and the West line of said called 2.33 acres for a distance of 194.70 feet to a '/a inch iron rod found for the Northwest comer of said called 2.33 acres. the Southwest comer of the residue of the W. W. Daniel 125 acre tract of land conveyed to Vaughn W. Davidson, Trustee, by Deed recorded in Volume 744 at Page 284 of the Official Public Records of Chambers County, Texas, and the Northwest comer of this tract. THENCE: North 77 2)F49" East along the Westemmost North line of this tract, the North line of said called 2.33 acres and the South line of said residue of the W. W. Daniel 125 acre tract for a distance of 547.25 feet to a 5/8 inch iron rod found for the Northeast comer of said called 2.33 acres for an angle point in said line; from which a 1/< inch iron rod (found) bears South 40100'32" West 2.45 feet. THENCE: North 74°53'24" East along the Westernmost North line of this tract and the South line of said Davidson tract for a distance of 1036.58 feet to a '/ inch iron rod found for an exterior corner of this tract and an interior comer of said Davidson tract. THENCE: South 17 16'09'* East along an interior line of this tract and an exterior line of said Davidson tract for a distance of 374.75 feet to a '/. inch iron rod found for an interior comer of this tract and an exterior comer of said Davidson tract. THENCE: North 80°14"31" East along an interior line of this tract and an exterior line of said Davidson tract for a distance of 300.89 feet to a 1/4 inch iron rod found in a Hackberry Tree for an interior comer of this tract and an exterior comer of said Davidson tract. THENCE: North 1291'29" West along an interior line of this tract and an exterior line of said Davidson tract for a distance of 171.39 feet to a '/ inch iron rod found in a Hackberry Tree for an exterior comer of this tract and an interior comer of said Davidson tract. PAGE 4 — 52.7885 ACRES. THENCE: North 78'11'13" East along the North line of this tract and the South line of said Davidson tract for a distance of 383.89 feet to a '/ inch iron rod found in the West - right-of-way line of the Houston Lighting & Power Company 250 feet wide right-of-way as described in Volume 292 at page 613 of the Deed Records of Chambers County, Texas, for the Northeast corner of this tract. THENCE: South 15°34'45" East along the East line of this tract and the West line of said Houston Lighting & Power Company 250 feet wide right-of-way for a distance of 1519.19 feet to a ''/_ inch iron rod, with cap, set for the Southeast comer of this tract and the Northeast comer of a 10.00 acre tract of land conveyed to West Texas Drum Company, LTD, lI by Deed recorded in Volume 694 at Page 127 of the Official Public Records of Chambers County, Texas. y THENCE: South 76°53'04" West along the Easternmost South line of this tract and the North line of said 10.00 tract for a distance of 689.62 feet to a % inch iron rod, with cap marked "Henicke", found for an interior comer of this tract and the Northwest corner of said 10.00 acre tract. THENCE: South 19°59'32" West along an exterior line of this tract and the West line of said 10.00 tract, a distance of 21.20 feet to a ''/_ inch iron rod, with cap marked "Henicke", found in the South line of said Armstrong Survey and the North line of the Christian Smith Survey, Abstract 22. Chambers County, Texas, for an exterior corner of this tract and the Northeast corner of a residue tract of a 179.746 acre tract (Tract 1) conveyed to David Kadjar by Deed recorded in Volume 457 at Page 315 of the Deed Records of Chambers County, Texas. THENCE: South 76°59'35" West along the Southernmost South line of this tract, the South line of said Armstrong Survey, the North line of said Smith Survey, and the Easternmost North line of said residue tract for a distance of 223.20 feet to a %: inch iron rod, with cap marked "Henicke". found for an exterior corner of this tract and an interior comer of said residue tract. Said point being in the East line of the heretofore mentioned called 9.028 acre tract. THENCE: North 07°30'52" East along an exterior line of this tract and the East line of said called 9.028 acre tract for a distance of 17.31 feet to a ''/, inch iron rod found for an interior comer of this tract and the Northeast comer of the heretofore mentioned called 9.028 acre tract. PAGE 5 — 52.7885 ACRES. THENCE: South 77°54'42" West along the Westernmost South line of this tract and the North line of said called 9.028 acres for a distance of 2208.64 feet to the PLACE OF BEGINNING and containing within these boundaries 52.7885 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 from an actual survey made on the ground, under my supervision, and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 20'h day of August,A. D., 2007. Of�T J Itene Ramsey "� * c 9w Registered Professional Land Surveyor No. 4379 .,...�UENE-RAMMY 07-2965B.52.7885ac.fdn.doc < 9 4379 9yO FEas,oyO... sua� XT BAYTOWN 565 , L . P. 7 1 Cp 1 Q 2 r BAY©U BEN© r � go f , 1 I v A B ww C . o - LL p pR 41411 � m _ - u - -o Legend � ''YN sde SDE.ChamParcels07 / sde SDE.ParcelsNOV06 sde SDE.CityLimit