CC Resolution No. 2119 - SupportingCreationofMUD528 RESOLUTION NO. 2119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING ITS SUPPORT TO THE CREATION OF A POLITICAL SUBDIVISION
TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 AS
PROPOSED IN HOUSE BILL 886 ORIGINALLY FILED BY REPRESENTATIVE
WAYNE SMITH;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has received a
request to express its support to the creation of Harris County Municipal Utility District No. 528,
hereinafter referred to as the "District,"containing approximately 236 acres of land, more or less, within
the corporate limits of the City and located in Harris County, Texas, and more particularly described in
Section I hereof; NOW THEREFORE
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CFFY OF BAYTOWN,TEXAS:
Section I: That the City Council hereby expresses its support of the creation of the
proposed Harris County Municipal Utility District No. 528 (the"District")as proposed in House Bill 886
originally filed by Representative Wayne Smith. This expression of support is not a formal consent
ordinance, however, and the City's formal consent to the creation of the District, as required by Section
42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code, will not be
granted until the Landowners and/or District agree to satisfy all of the terms and conditions required of
them under (i) Article VII of Chapter 98 of the Code of Ordinances, Baytown, Texas, which is
incorporated herein by this reference for all intents and purposes, and (ii) a Utilities Functions and
Services Allocation Agreement in form acceptable to the City.
The land to be embraced within the limits of the District is situated within the jurisdiction of the
City and is more particularly described in Exhibit "A," which is attached hereto and made a part hereof
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 to of the City Council of the City of—
Baytown this the 10i° day of February, 2011.
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m EPHEN H. DONCARLOS,Ma r
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LETICIA B % ark
APPROVED AS
TO FORM:
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ACIO RAMIREZ, SR.,City t orney
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EXHBIT"A"
TRACT l
FMM NOTES of a 27.8347 acre tract of land situated in the William Scott Lower league,
Abstract No. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land
conveyed to Ashbel Smith Land Company by B.W. Armstrong,at al,by Deed dated November
29, 1935,and recorded in Volume 9%at Page 379 of the Deed Records of Harris County,Texas.
This 27.8347 acre tract of land Is more pardoAdy described by metes and bounds as Wows,
to-wit:
NOTE: ALL BEARINGS ARE LAM MT GRID BEARINGS AND ALL COORDINATES
RE TO THE TEXAS STATE PLANE COORDINATE SYSTEK SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.9998389.
BBGDMG at a concrete right-of-way movement found at the intersection of the North right-
of-way line of Spur 55 (right-of-way width varies) and the Bast right-of-way line of State
Highway 146(right-of-way width varies). Said point being Westernmost Southwest corner and
POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of
Na13,832,328.10 and E-3,250,340.20. Said point being in a awe to the left,concave Westerly.
TFIENCE: Along and around said awe to the left,in a Northerly direction, along the West line
of this tract and the Bea right-of-way line of said State-Highway No. 146, add curve having a
central angle of 15°57'18", a radius of 1629.82 feet, and a chord bearing and distance of North
23006'38"Bast 452.39 feet,for an arc length of 453.85 feet to a coperete right-of-way monument
found for the TERMINATION POINT of said curve,
THENCE: North 10°06'20"Bast along the West line of this tract and the Bast right-of-way line
of said State Highway No. 146,for a distance of 97.12 feet to a%inch Iron rod,with cap,set for
the Northwest comer of this tract and the Southwest corner of that certain 33.00 acre tract of land
conveyed by Ashbel Smith Management Company, et al, to Goose Credo Consolidated
Independent School District by Deed dated here 5, 1991 and recorded under County Clerk's File
No.N174232 of the Official Public Records ofReal Property of Harris County,Texas.
THENCE: South 73011'3&' East along the North line of this tract and the South line of said
33.00 acre tract for a distance of 1795.57 feet to a % inch iron rod, with cap, sat in the West
right-of-way be of Tri-Cities Beach Road(80 feet wide right-of-way) for the Southeast corner
of said 33.00 acres and the Northeast corner of this tract.
THENCE: South 08104'39" Bast along the Northernmost Bast line of this tract and the West
right-of-way line of said Tri-Cities Beach Road for a distance of 572.67 feet to a h inch iron rod,
with cap. set for the Easternmost Southeast corner of this tract at the intersection of the West
right-of-way line of Tri-Cities Beach Road with the North right-of-way line of said Spur 55.
THENCE: South 49020'06"West along the Southernmost Bast line of this tract and the North
right-of-way line of said Spur 55 fbr a distance of 104.30 feet to%inch iron rod,with cap,ad for
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the Southernmost Southeast comer of this tract and an angle point in the North right-of-way line
of said Spur 55.
71MCE: North 73015'09" West along the South line of this tract and the North right-of--way
line of said Spur 55 for a distance of 118.36 feet to a b inch iron rod,with cap, set for an argyle
point in said line.
THENCE: North 74030'59" West along the South line of this tract and the North right-of-way
line of said Spur 55 for a distance of 1813.52 feet to a % inch iron rod, with cap, set for the
Southernmost Southwest comer of this tract and an angle point in the North rigbt-of-way line of
said Spur 55.
THENCE: North 23n5'09"West along the Southernmost West line of this tract and the North
right-of-way line of said Spur 55 for a distance of 135.34 feat to the PLACE OF BEGINNING
and containing within these boundaries 27.8347 acres of land.
TRACT 2
FIELD NOTES of a 28.5456 acre tract of land situated in the William Scott Lower league,
Abstract No. 65,Harris County, Texas, and being out of and a part of a 1541 acre tract of land
conveyed to Ashbel Smith Land Company by B.W.Armstiozg,et al,by Deed dated November
29, 1935,and recorded in Volume 996 at Page 379 of the Deed Records of Harris County,Texas.
This 28.5456 acre tract of land is more particularly domed by metes and bounds as follows,
to-wit:
NOTE: ALL BEARINGS ARE LANDERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR
0.9998389.
BEGINNING at a%inch iron rod,with cap,set at the intersection of the Northwest right-of-way
line of State Highway No. 146 (200 feet wide right-of-way)with the East right-of-way of the
Missouri Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by Ashbel Smith
Land Company to Mssouri Pacific Railroad Company by Deed dated January 9, 1967 and
recorded in Volume 6644 at Page 486 of the Deed Records of Harris County,Texas). Said point
being the Southwest corner and POINT OF BEGINNING of this tract and having a State Plane
Coordinate Value ofN-13,831,254.86 and Er-3,248,223.73.
THENCE: North 24015'03"West along the Southernmost West line of this tract and the East
right-of-way line of said Missouri Pacific Railroad for a distance of 540.66 feet to a%inch lron,
with cap,set for the BEGINNING.POINT of a curve to the right,concave Easterly.
TIONCE: Along and around said curve to the right, in a Northwesterly direction, along the
Southernmost West line of this tract and the East right-e-way line of said Missouri Pacific
Railroad, said carve having a central angle of 06°37'49", a radius of 1065.93 feet, and a chord
bearing and distance ofNorth 20°56'07"West 123.28 feet, for an we length of 123.35 feet to a
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fence corner post found for an interior corner of this tract and an exterior comer of said Missouri
Pacific Railroad.
THENCE: South 71*V32"West along the Westernmost South line of this tract and an exterior
line of said Missouri Pacific Railroad for a distance of 30.00 feet to a fence corner post found for
an exterior comer of this had and an interior corner of said Missouri Pacific Railroad,said point
being the BE(3INN G POINT of a curve to the right,concave Easterly.
THENCE: Along and around said curve to the right, in a Northerly direction, along the
Northernmost West line of this tract and the Bast right-of-way Has of said Missouri Pacific
Railroad, said curve having a central angle of 17°2222", a radius of 1095.93 feet, and a chord
bearing of North 08057'32"West 331.03 feet, for an arc length of 332.30 feet to a%inch iron
rod,with cap,set for the TMLMO TAnON POW of said anus.
THENCE: North 0002243" West along the Northernmost West Use of this tract and the Bast
right-of-way line of said Missouri Pacific Railroad for a distance of 164.82 fbet to a fence comer
post found at the intersection of said line with-the South right-of-way line of Alexander Drive
(120 feet wide right-of-way)for the Northwest comer of this tract.
THENCE: South 88036'31" Bast along the South right-of-way line of South Alexander Drive
and the North line of this tract for a distance of 742.80 feet to a concrete right-of-way monument
found for an angle point is said line.
THENCE: South 88051'51"Bast along the South right-of-way line of South Alexander Drive
and the North line of this tract for a distance of 648.31 feet to a concrete right-of-way mom meat
found far the BBODlI M POINT of a curve to the right,concave Southerly.
THENCE: Along and around said cove to the right, along the North line of this tract and the
South right-of-way line of said South Alexander Drive, is an Easterly direction, said cove
having a central angle of 07"23'27",a radius of 2804.76 feet,and a chord bearing and distance of
South 84050'16"East 361.55 feet,for an arc length of 361.80 feet to a%inch iron rod,with cap,
set for the Northeast comer of this tract at the intersection of the South right-of-way line of South
Alexander Drive with a West right-of-way line of State HiAway No. 146.
THENCE: South=0'49"Bast along the East line of this tract and a West right-of-way line of
said State Highway No. 146,for a distance of 156.45 feet to a.%inch iron rod,with cap, set for
the Southeast corner of this tract and an interior corner of said State Highway No. 146 right-of-
! way. Said point being in a curve to the right,concave Northerly.
i
n ENCE: Along and around said curve to the right, in a Westerly direction, along the South
line of this tract and the North right-of-way lime of said State Highway No. 146, said curve
having a central angle of 07'12'01", a chord bearing and distance of south 48°00'47" West
476.69 feet, for an we length of 477.00 feet to a inch iron rod, with cap, set for the
TERMINAITON POINT of said cove.
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THENCE: South 59619'20"West along the South line of this tract and the North right-of-way
iline of said State Highway No. 146 for a distance of 478.02 feet to a% inch Iron rod,with cap,
set for an angle point in said line.
THENCE: South 6502011"West along the South line of this tract and the North right-of-way
line of said State Highway No. 146 for a distance of 756.46 feet to the PLACE OF BEGINNING
and containi within these boundaries 28.5456 acres of land.
TRACT 3
FIELD NOTES of a 180.9042 acre tract of land situated in the William Scott Lower Lvague,
Abstract No. 65,Harris County, Tome, and being out of and a part of a 1541 acre tract of land
convoyed to Ashbel Smith Land Company by B.W. Arntetrong, et al,by Deed dated November
29, 1935,and recorded in Volume 996 at Page 379 of the Deed Records of Harris County,Texas.
This 180.9042 am tract of land is more particularly described by metes and bounds as follows,
to-wit:
NOTE: ALL BEARINGS ARE LAUMMT GRID BEARINGS AND ALL COORDINATES
REFER TO THE TW AS .STATE PLANE COORDINATE SYSTEK SOUTH CENTRAL
ZONE, NAD 83.. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR a
0.9998389.
COMMENCING at a 2 inch iron pipe for the Northeast corner of a 1.5116 acre tract of land
called Tract 2 c9mreyed to Jack A. Howard, et al, by Robert O. Busch, et al, by Deed dated
March 15, 1978,and recorded at County CIerk's file No.F530458 of the Official Public Records
of Real Property of Harris County, Texas, and in the South right-of-way line of State Highway
No. 146, 200 foot wide right-of-way. Said COMMIENCING POINT. has a State Plane
Coordinate Value of N=13,830,522.01 and FP3,247,084.46.
THENCE: South 16°07'47" West along the Bast line of said 1.5116 acres for a distance of
677.44 feet to a 2 W inch metal post for the Northwest corner and POINT OF BEGINNING of
this tract.
THENCE: South 89°15'51"Bast along the North line of this tract for a distance o€1329.80 tbet
to a point for the Northeast corner of this tract.
THENCE: South 00°44'09"West along the East line of this hid for a distance of 2982.46 feet
to a point for an angle point in said East line.
THENCE: South 19120'00"West along the East line of this tract for a distance of 1000.68 feet
to a point for an angle paint in said East line.
THENCE: South 31 008'04"West along the Bast line of this tact for a distance of 908.34 feet to
a point in the North right-of-way line of Evergreen Road (60 fbet wide right-of-way) for the
Southeast corner of this tract.
1492rss.tA=1.000W 4
7MWCE: North 58051'56" Wear along the Eastmnmost South line of this tract and the North
right-of-way line of Evergreen Road for a distance of 409.49 feet to a%inch iron rod,with cap,
for the BEGINNING POINT of a curve to the right,concave Northeast.
THENCE: Along and around said curve, in a Northwesterly direction, with the Easternmost
South line of this tract of land and the Northeast right-of-way Rae of Evergreen Road,said curve
having a central angle of 15059'4r,a radius of 789.20 feet, and a chord bearing and distance of
North 50050'40"Wert 219.63 feet,for an we length of 220.34 feet to a%inch iron rod for the
TERMINA17ON POINT of said curve,
THENCE: North 42°52'16" West along the Bastermaost South line of this tract of land and the
Northeast right-of-way line of Evergreen Road for a distance of 685.33 feet to a%inch iron rod
for the BEGINNING POINT of a curve to the left,concave Southwest.
THENCE: Along and around said curve to the left, in a Northerly direction, with the
Easternmost South line of this tract of land and the Northeast right-of-way line of Evergreen
Road, said curve having a central angle of 03°08'33", a radius of 6814.28 feet, and a chord
bearing and distance ofNorth 44027'42"West 373.68 feet, for an arc length of 373.73 feet,to a
%inch iron rod for the TERMINATION POINT of said verve.
THENCE: North 46"00'58"West along the Easternmost South line of this tract of land and the
Northeast right-of-way line ofEvegreen Road fora distance of 531.26bd to a%inch Iron rod,
with cap, for the Souuthemmost Southwest corner of this trail of land and the Southeast corner of
an 80 acre tract of land conveyed to Bill W. Nance by Alvie Wright Nance, by Deed dated
October 22, 1996, and recorded under County Clerk's File No. S210455 of the Official Public
Records of Real Property ofHarris County,Texas.
THENCE: North 509302"Bast along the Southernmost West line of this tract of land and the
East line of said 80 acre tract of land, and at 2.37 feet pass a 4 inch pipe fence corner post,
continuing along said line and a barb wire fence a total distance of 536.04 feet to a 2 inch iron
pipe for an interior corner of this tract of land and an angle corner of said 80 acre tract of land.
THENCE: North 54'45'13"West along the Westerrunost South line of this tract and an exterior
Hue of said 80 acre tract, and along a barb wire fence,for a distance of 293.16 feet to a%inch
iron rod,with cap,for the Westernmost Southwest comer of this tract.
THENCE: In a Northerly direction along the Northernmost West line of this tract of land and
the East line of said 80 acre tract of land, and a barb wire fence line the following courses and
distances:
North 1601 Y01"East for a distance of 1171.99 fact to a 2 inch iron pipe;
North 43*11117"Bast for a distance of 341.17 Ebel to a 2 inch iron pipe;
North 181OW459 Bast for a distance of 481.29 fast to a%inch iron rod,with cap;
North 450592P East for a distance of 927.59 fbet to the PLACE OF BROWNING and
containing within these boundaries 180.9042 acres of land
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