Ordinance No. 12,325ORDINANCE NO. 12,325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
DISANNEXATION OF APPROXIMATELY 43.8 ACRES LOCATED ON THE
NORTH SIDE OF THE INTERSTATE 10 FEEDER ROAD, WEST OF
THOMPSON ROAD, LEGALLY KNOWN AS A PORTION OF LAND OUT
OF THE NATHANIEL LYNCH SURVEY, ABSTRACT 55, HARRIS
COUNTY, TEXAS, WHICH SAID TERRITORY LIES WITHIN THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
WHEREAS, there being no request for an "on- site" hearing, public hearings before the City
Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to
be heard on the proposed disannexation of the property described in Section I of this ordinance, were
held, during the City Council meetings on July 25, 2013, and August 1, 2013, in the City Council
Chamber of the City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less
than twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, notices of the first and second public hearings were published in a newspaper having
general circulation in the City of Baytown, Texas, and in the below described territories on July 11, 2013,
and July 21, 2013, which dates are not more than twenty (20) nor less than ten (10) days prior to the date
of such public hearings; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board and website on July 8, 2013, and July 19, 2013, which dates are not more than twenty (20)
nor less than ten (10) days prior to the dates of the public hearings; and
WHEREAS, each notice posted on the City of Baytown's notice board and website remained
posted until the date of the hearing referenced in the notice; and
WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January,
2013, was 39.58 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 72,876 inhabitants;
and
WHEREAS, the below- described property lies within the corporate limits of the City of Baytown,
Texas, and adjacent to Industrial District No. 3; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the following described land and territories lying within the City of
Baytown are hereby removed and disannexed from the City of Baytown, Texas, and shall hereinafter be
included within the extraterritorial limits of the City of Baytown, Texas. The present boundary limits of
the City are altered and amended so as to exclude said areas from the corporate limits of the City of
Baytown, Texas, to -wit:
SEE EXHIBIT "A"
Section 2: The above - described territories and the areas so disannexed shall no longer be a
part of the City of Baytown, Texas; however, no refund, pursuant to Section 43.148 of the Texas Local
Government Code, shall be due to the landowners of the area since such landowners have already
received such refund through past industrial district agreements with the City of Baytown.
Section 3: The disannexed areas are hereby removed from all the service plans prepared by
the City for the provision of municipal services.
Section 4: This ordinance shall be published and passed in
Section 9, of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 22nd day of August, 2013.
ATT
LETICIA BRYSCH, City
gn
APPROVED AS TO FORM:
kFYUACIO RAMIREZ, SR., Cit} omey
manner provided in Article 1,
the City Council of the City of
Mayor
INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 26'"
day of September, 2013.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
eiQf4ACIO RAMIREZ, SR., C' Attomey
R: \Karen \riles \City CoundhOrdinances\20 MAugust 22 \DismnexationotSPAProperty.doc
2
Exhibit "A"
STATE OF TEXAS)
COUNTY OFHARRIS)
DESCRIPTION of a 43.8056 acre tract of land situated in the Nathaniel Lynch Survey,
Abstract 44, Harris County, Texas, and being all of that certain called 121.047 acre tract
of land conveyed by Evans Buick, OLDS, GMC, Inc. to Allen E. Russell, Trustee, by
Deed dated October 23, 1980 and recorded in County Clerk's File No. G736020 of the
Official Public Records of Real Property of Hams County, Texas. This 43.8056 acre
tract is more particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE
HIGHWAY NO. 10 AND THE SOUTH LINE OF THE HERETOFORE MENTIONED
CALLED 121.047 ACRE TRACT. REFERENCE IS MADE TO THE PLAT OF EVEN
DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a th inch iron rod found in the North right -of -way line of said Interstate
Highway No. 10 (right -of -way width varies, but is 300 feet wide at this point), for the
Southwest comer of that certain 3.5528 acre tract of land conveyed by Ben D. Reading to
MMR Viking Investment Assoc., L.P. by Deed dated August 3, 1999 and recorded in
County Clerk's File No. T902702 of the Official Public Records of Real Property of
Hams County, Texas and by Reading Buick, Inc. to MW Viking Investment Assoc.,
L.P. by Deed dated August 4, 1999 and recorded in County Clerk's File No. T902703 of
the Official Public Records of Real Property of Harris County, Texas. Said point being
the Beginning Point of a Boundary-Line Agreement as recorded in County Clerk's File
No. S381673 of the Official Public Records of Real Property of Hams County, Texas and
the Southeast corner of the heretofore mentioned called 121.047 acre tract. Said point
being the Southeast corner and POINT OF BEGINNING of this tract.
THENCE: South 64 °56' 16" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
and at 847.82 feet pass a concrete right -of -way marker found in said line, in all, a total
distance of 1930.10 feet to a concrete right -of -way marker found for the BEGINNING
POINT of a curve to the right, concave Northerly.
THENCE: Along and around said curve to the right, in a Southwesterly direction, along
the North right -of -way line of said Interstate Highway No. 10, the South line of this tract
and the South line of said called 121.047 acres; said curve having a radius of 567.95 feet,
a central angle of 29 °45'08 ", and a chord bearing and distance of South 79 °36'25" West
291.62 feet, for an arc length of 294.92 feet to a concrete right -of -way marker found for
the TERMINATION POINT of said curve.
THENCE: North 85 °18'38" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 29.61 feet to a concrete right -of -way marker found for the BEGINNING
POINT of a curve to the left, concave Southerly.
PAGE 2 — 43.8056 ACRES.
THENCE: Along and around said curve to the left, in a Northwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10; said curve having a radius of 582.06
feet, a central angle of 29 045'30 ", and a chord bearing and distance of South 79 °38'41
West 291.52 feet, for an arc length of 294.82 feet to a concrete right -of -way marker
found for the TERMINATION POINT of said curve.
THENCE: South 64 055'51" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 557,18 feet to a concrete right -of -way marker found for the ;
BEGINNING POINT of a curve to the left, concave Southeastelry.
THENCE: Along and around said curve to the left, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10; said curve having a radius of 297.27
feet, a central angle of 29 °15'44 ", and a chord bearing and distance of South 50 004'55"
West 294.05 feet, for an arc length of 297.27 feet to a concrete right -of -way marker
found for the TERMINATION POINT of said curve.
THENCE: South 35 °40'07" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 26.98 feet to a concrete right -of -way marker found for the BEGINNING
POINT of a curve to the right, concave Northwesterly.
THENCE: Along and around said curve to the right, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10, said curve having a radius of 592.23
feet, a central angle of 10 °08' 12 ", and a chord bearings and distance of South 40044'13"
West 104.64 feet, for an arc length of 104.78 feet to a concrete right -of -way marker
found for the TERMINATION POINT of said curve.
THENCE: South 84 °58'32" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
and at 54.09 feet pass a th inch iron rod, with cap, set for reference, in all, a total distance
of 62.65 feet to a point on the East bank of Spring Gully for the Southernmost Southwest
comer of this tract and the Southernmost Southwest comer of said called 121.047 acres.
THENCE: Along and with the meanders of the Northeast or East bank of said Spring
Gully, along the Southwest line of this tract and the Southwest line of said called 121.047
acres as follows;
North 16 030'45" West for a distance of 7.12 feet;
South 83 °16'31" West for a distance of 16.82 feet;
North 58 °17'27" West for a distance of 104.79 feet;
PAGE 3 — 43.8056 ACRES,
North 70 025'40" West for a distance of .77.39 feet;
North 10 °24'34" West for a distance of 27.60 feet;
North 43 °40'28" West for a distance of 108.06 feet;
North 80 °45'50" West for a distance of 62.74 feet;
South 80 °31'47" West for a distance of 33.72 feet to a point for the
Westernmost Northwest comer of this tract and the Westernmost Northwest corner of
said called I21.047 acres at the East right -of -way line of the C.I.W.A. Canal as described
in Film Code 11105 -96 -1373 of the Deed Records of Harris County, Texas.
THENCE: North 07 °49'01 " East along the West line of this tract, the West line of said
called 121.047 acres and the East right -of -way line of said C.I.W.A. Canal, for a distance
of 86.18 feel to a point for the Northwest comer of this tract.
THENCE: North 35 °40'07" East along the North line of this tract for a distance of
143.43 feet to a point for an angle point in said line. Said point being the BEGINNING
POINT of a curve to the right, concave Southeasterly.
THENCE: Along and around said curve to the right, in a Northeasterly direction, along
the North line of this tract, said curve having a radius of 1082.06 feet, a central angle of
29 015'44 ", and a chord bearing and distance of North 50 °08'24" East 546.64 feet', for an
arc length of 552.63 feet to a point for the TERMINATION POINT of said curve.
THENCE: North 64 °55'51" East along the North line of this tract for a distance of
557.38 feet to a point for an angle point in said line. Said point being the BEGINNING
POINT of a curve to the right, concave Southeasterly.
THENCE: ,Along and around said curve to the right, in a Easterly direction, along the
North line of this tract, said curve having a radius of 1067.64 feet, a central angle of
29 045'31 ", and a chord bearing and distance of North 79 °41'22" East 548.30 feet, for an
arc length of 554.51 feet to a point for the TERMINATION POINT of said curve.
THENCE: South 85 °18'38" East along the North line of this tract for a distance of 46.22
feet to a point for an angle point in said line.
THENCE: North 64 °56'16" East along the North line of this tract for a distance of
2158.12 feet to a point for the Northeast comer of this tract, in the West line of said
3.5528 acres.
THENCE: South 02 028'57" East along the East line of this tract, the East line of said
called 121.047 acres and the West line of said 3.5528 acres, and along the heretofore
mentioned Boundary-line Agreement for a distance of 541.51 feet to the PLACE OF
BEGINNING and containing within these boundaries 43.8056 acres of land.
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t 20130541147
ORDINANCE NO. 12,325 10/23/2013 RP2 $36.00
s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
DISANNEXATION OF APPROXIMATELY 43.8 ACRES LOCATED ON THE
NORTH SIDE OF THE INTERSTATE 10 FEEDER ROAD, WEST OF
THOMPSON ROAD, LEGALLY KNOWN AS A PORTION OF LAND OUT
OF THE NATHANIEL LYNCH SURVEY, ABSTRACT 55, HARRIS
COUNTY, TEXAS, WHICH SAID TERRITORY LIES WITHIN THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
WHEREAS, there being no request for an "on- site" hearing, public hearings before the City
Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to
be heard on the proposed disannexation of the property described in Section 1 of this ordinance, were
held, during the City Council meetings on July 25, 2013, and August 1, 2013, in the City Council
Chamber of the City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less
than twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, notices of the first and second public hearings were published in a newspaper having
general circulation in the City of Baytown, Texas, and in the below described territories on July 11, 2013,
and July 21, 2013, which dates are not more than twenty (20) nor less than ten (10) days prior to the date
of such public hearings; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board and website on July 8, 2013, and July 19, 2013, which dates are not more than twenty (20)
nor less than ten (10) days prior to the dates of the public hearings; and
WHEREAS, each notice posted on the City of Baytown's notice board and website remained
posted until the date of the hearing referenced in the notice; and
WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January,
2013, was 39.58 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 72,876 inhabitants;
and
WHEREAS, the below- described property lies within the corporate limits of the City of Baytown,
Texas, and adjacent to Industrial District No. 3; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the following described land and territories lying within the City of
Baytown are hereby removed and disannexed from the City of Baytown, Texas, and shall hereinafter be
included within the extraterritorial limits of the City of Baytown, Texas. The present boundary limits of
the City are altered and amended so as to exclude said areas from the corporate limits of the City of
Baytown, Texas, to -wit:
SEE EXHIBIT "A"
Section 2: The above - described territories and the areas so disannexed shall no longer be a
part of the City of Baytown, Texas; however, no refund, pursuant to Section 43.148 of the Texas Local
(Pl Government Code, shall be due to the landowners of the area since such landowners have already
received such refund through past industrial district agreements with the City of Baytown.
Section 3: The disannexed areas are hereby removed from all the service plans prepared by
the City for the provision of municipal services.
r
Section 4: This ordinance shall be published and passed in
Section 9, of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 22 "d day of August, 2013.
A
LETICIA BRYSCH, City
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Cit} orney
INTRODUCED, READ and PASSED on the
day of September, 2013.
ACIO RAMIREZ, SR., C' Attorney
R:\K=n\Files \City Council \Ordinances @013 August 220isannexationotSPAProperty.doc
2
manner provided in Article 1,
the City Council of the City of /Utz
ML
)NCARLOS, Mayor
READING this the 26d'
H. DONCARLOS, Mayor
Po 6W q9q
&v owOjTx T5aP
Exhibit "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
DESCRIPTION of a 43.8056 acre tract of land situated in the Nathaniel Lynch Survey,
Abstract 44, Harris County, Texas, and being all of that certain called 121.047 acre tract
of land conveyed by Evans Buick, OLDS, GMC, Inc. to Allen E. Russell, Trustee, by
Deed dated October 23, 1980 and recorded in County Clerk's File No. 6736020 of the
Official Public Records of Real Property of Hams County, Texas. This 43.8056 acre
tract is more particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONMENTS IN THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE
HIGHWAY NO. 10 AND THE SOUTH LINE OF THE HERETOFORE MEMOINED
CAME D 121.047 ACRE TRACT. ERENCE IS MADE TO TIdE PLAT OF EVEN
DATE ACCONTANYING THIS M]EM AND BOUNDS DESCRIPTION.
BEGINMG at a'A inch iron rod found in the North right -of -way line of said Interstate
Highway No. 10 (right -of -way width varies, but is 300 feet wide at this point), for the
Southwest corner of that certain 3.5528 acre tract of land conveyed by Ben D. Reading to
MVIIt Viking Investment Assoc., L.P. by Deed dated August 39 1999 and recorded in
County Clerk's File No. 7902702 of the Official Public Records of Real Property of
Harris County, Texas and by Reading Buick, Inc. to MW Viking Investment Assoc.,
-ri L.P. by Deed dated August 49 1999 and recorded in County Clerk's File No. T902703 of
the Official Public Records of Real Property of Harris County, Texas. Said point being
the Beginning Point of a Boundary-Line Agreement as recorded in County Clerk's File
No. S381673 of the Official Public Records of Real Property of Harris County, Texas and
the Southeast corner of the heretofore mentioned called 121.047 acre tract. Said point
being the Southeast corner and POINT OF BEGINNING of this tract.
THENCE: South 64 °56' 16" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
and at 847.82 feet pass a concrete right -of -way marker found in said line, in all, a total
distance of 1930.10 feet to a concrete right -of -way marker found for the BEGINNING
POINT of a curve to the right, concave Northerly.
71MCE: Along and around said curve to the right, in a Southwesterly direction, along
the North right -of -way line of said Interstate Highway No. 10, the South line of this tract
and the South line of said called 121.047 acres; said curve having a radius of 567.95 feet,
a central angle of 29 °45'08 ", and a chord bearing and distance of South 79 036'25" West
291.62 feet, for an arc length of 294.92 feet to a concrete right -of -way marker found for
the TERMINATION POM of said curve.
7I1ENCE: North 85 °18'38" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 29.61 feet to a concrete right -of -way marker found for the BEGINNING
POINT of a curve to the left, concave Southerly.
PAGE 2 — 43.8056 ACRES.
THENCE: Along and around said curve to the left, in a Northwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10; said curve having a radius of 582.06
feet, a central angle of 29 °45'30 ", and a chord bearing and distance of South 79 °38141"
West 291.52 feet, for an arc length of 294.82 feet to a concrete right -of -way marker
found for the TE LNMATION POINT of said curve.
I 3NCM Louth 64 0551051" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 557.18 feet to a concrete right -of -way marker found for the
BEGINNING POINT of a curve to the left, concave Southeastelry.
THENCE: Along and around said curve to the left, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10; said curve having a radius of 297.27
feet, a central angle of 29 °15'44 ", and a chord bearing and distance of South 50 °04'55"
West 294.05 feet, for an arc length of 297.27 feet to a concrete right -of -way marker
found for the TERIMAT10N POINT of said curve.
77MNCE: South 35 °40'07" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
for a distance of 26.98 feet to a concrete right -of -way marker found for the BEOR44ING
POINT of a curve to the right, concave Northwesterly. '
T 34CE: Along and around said curve to the right, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right -of -way line of said Interstate Highway No. 10, said curve having a radius of 592.23
feet, a central angle of 10 °08' 12 ", and a chord bearings and distance of South 40044113"
West 104.64 feet, for an arc length of 104.78 feet to a concrete right -of -way marker
found for the TERMINA31ON POINT of said curve.
T ENCE: South 84 °58'32" West along the South line of this tract, the South line of said
called 121.047 acres and the North right -of -way line of said Interstate Highway No. 10
and at 54.09 feet pass a % inch iron rod, with cap, set for reference, in all, a total distance
of 62.65 feet to a point on the East bank of Spring Gully for the Southernmost Southwest
corner of this tract and the Southernmost Southwest comer of said called 121.047 acres.
THENCE: Along and with the meanders of the Northeast or East bank of said Spring
Gully, along the Southwest line of this tract and the Southwest line of said called 121.047
acres as follows;
North 16 °30'45" West for a distance of 7.12 feet;
South 83 °1631" West for a distance of 16.82 feet;
North 58 017'27" West for a distance of 104.79 feet;
PAGE 3 — 43.8056 ACRES.
North 70°25'40" West for a distance of-77.39 feet;
North 10'24'34" West for a distance of 27.60 feet;
North 43 °40'28" West for a distance of 108.06 feet;
North 80045'50" West for a distance of 62.74 feet;
South 80'31'47" West for a distance of 33.72 feet to a point for the
Westernmost Northwest corner of this tract and the Westernmost Northwest corner of
said called 121.047 acres at the East right -of -way line of the C.I.W.A. Canal as described
in Film Code #1105 -96 -1373 of the Deed Records of Harris County, Texas.
TIENCE: North 07'49'01" East along the West line of this tract, the West line of said
called 121.047 acres and the East right -of -way line of said Cl-W.A. Canal, for a distance
of 86.18 feet to a point for the Northwest comer of this tract.
7 NCE: North 35040107" East along the North line of this tract for a distance of
143A3 feet to a point for an angle point in said line. Said point being the BEGINNING
POINT of a curve to the right, concave Southeasterly. 1.
V
-I WCE: Along and around said curve to the right, in a Northeasterly direction, along
0
the North line of this tract, said curve having a radius of 1082.06 feet, a central angle of
29 0159449, and a chord bearing and distance of North 50008924" East 546.64 feet; for an
D
arc length of 552.63 feet to a point for the'I"F.ItMNA77ON POINT of said curve.
'i 4CE: North 64'55'51" East along the North line of this tract for a distance of
557.38 feet to a point for an angle point in said line. Said point being the BEGERNING
POINT of a curve to the right, concave Southeasterly.
TJ-IENCE: ,Along and around said curve to the right, in a Easterly direction, along the
North line cif this tract, said curve having a radius of 1067.64 feet, a central angle of
",
29'45'31 and a chord bearing and distance of North 79041'22" East 548.30 feet, for an
x
arc length of 554.51 feet to a point for the TERN NATION POINT of said curve.
THENCE: South 85 018'38" East along the North line of this tract for a distance of 46.22
feet to a point for an angle point in said line.
THENCE: North 64 °56' 16" East along the North line of this tract for a distance of
2158.12 feet to a point for the Northeast comer of this tract, in the West line of said
3.5528 acres.
THENCE: South 02028'57" East along the East line of this tract, the East line of said
called 121.047 acres and the West line of said 3.5528 acres, and along the heretofore
mentioned Boundary-Line Agreement for a distance of 541.51 feet to the PLACE OF
BEGINNING and containing within these boundaries 43.8056 acres of land.
25248- 1.fdn.doc
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FILED FOR RECORD
8:00 QM
OCT 23 2013
County Clerk, Hwft County, Texas
AlFflOYISgNOOMoo+IIESIRIGiBDIE SUFQMoA USED M Wq r, 01 Fill
MMOUROFOMORPMsMLONGUSF =MtMMFWAUrk
THE STATE OF TEXAS
COUNTY OF HARRIS
1 h116'W M w RED b Fi h Qil end it h is
C04TIM aytrda4gf�ED; ahOtoilPyEleR�oadldiWF�op� ljdH�ri
OCT 2 3 2013
IS) COUNTY CLERK
HARRIS COUM TRUS