Loading...
CC Resolution No. 2272 RESOLUTION NO, 2272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF SOWELL WALLISVILLE PARTNERS, L.P., REQUESTING ANNEXATION OF APPROXIMATELY 111.82 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING SURVEY, A-620, HARRIS COUNTY, TEXAS, AND LOCATED NORTHWEST OF THE INTERSECTION OF GARTH ROAD AND WALLISVILLE ROAD; 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 or if more than 50 percent of the real property owners in the area proposed for annexation submit a petition for annexation; and WHEREAS, the City of Baytown has received a petition filed by Sowell Wallisville Partners, L.P.,requesting;annexation of approximately 1 11.82 acres of land situated in the Talcott Patching Survey, A-620, Harris County, Texas, and located northwest of the intersection of Garth Road and Wallisville Road; 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"Fi-1EREFORE 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 Sowell Wallisville Partners, L.P., requesting annexation of approximately 111.82 acres of land situated in the Talcott Patching Survey, A-620, Harris County, Texas, and located northwest of the intersection of Garth Road and Wallisville Road. Said petition is attached hereto as Exhibit"A," and incorporated herein for all intents and purposes. Section 2: That the City Council of Elie City of Baytown, Texas, hereby authorizes and directs the Planning and Development Services Department 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,TRODUCED, READ and PASSED, by the affirmative vote the City Council of the City of Bay tow n this the 18i1'day of November,2013. � StEPHEN H. DONCARLOS, Mayor ATT r LET IQ,$RY y , City_ k 1•v5� APf'ROV -3- M: GNACIO RAMIREZ, SROity Attorney R:MarenlFileslCity CounciMesolutionsCOIMovember t8lGrantingAnnexationl'ctitioiiol5okcllWallisvillePanners.doe Exhibit r r UE.r ,-a Lvra rrt- �u CITY of BAYTOWN BAYTOWN PETITION nouEsnNG ANNE-xAnoN STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS COME NOW, Sowe11 Wa11iavi11a Faz-r-nera, 1..P. Owner(s) of the real property describes as follows to-wit: (Describe property and/or attach metes and hounds) Fier_ nttachud MuLerl & Bound:r (State property Iacation. for example, the property is located north of t-10 near N. Main Street.) Norl.hveuL Co:-m:r of the Internecti'an of earth Road & Waallfavill[: Road (State the purpose of this annexation—What will be built, placed, etc.) h l;e4iderttiatUManitfactured[Number ort.ots} n go u Multifamily(Number of Units) c: Commercial 13usincss(f3usinM typc)1jHn statj n n RV Park(Number of Pads) o Restaurant(Number of seats) ❑ HotollMotel(Number of Beets) _T o Off ice Building(Number or occupants). t i Retail(Number of Washrooats) n Other(description)__ Said tract is one-half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residence or on which fewer than three qualified voters reside, (1), (We), Sowell Viall_nyille Pars;hers, ],.11. , the Owner(s) of the above-described property request annexation of the property by the City of Baytown. SIGNED this the �31. I day of -p-C 20µL�, Sowell wallisy'l h! P irt.ncr�, Owner SOWELL WA.LLISVYLL1;PAR rNERS,L.11. jamey S. corneliuo it Texas limited partnc:ship Type Name &Title 16tI /Film St. Suir4. Inn By: Sowell Wuilisville, L.L.C., Address a'1'exas c:nrlsnrtttioti,its General Partner (7111 627—e021 �. Telephone Number t3} {` r � jcornn.I i u'.Oaowellro.rrxn �att3C5�S.Cornelius,Vice President Email Address ]]] PL13100143 i Acknowledgement State of Texas § County of Harris/Chambers § BEFORE ME, the undersigned authority, on this day personally appeared , know to me to be the person(s)whose name(s) is/are subscribed hereto, and who acknowledged that he/she/they executed the same for the purpose and consideration therein expressed. To certify which witness my hand and official seal on this the day of , 20 Notary Public" STATE OF T E X A S 1 (seal) C Corporate Acknowledgement State of Texas § S County of n*ers § This instrument was acknowledged before me on o�'1 201 by Sowell Wallieville James S. Cornelius gas Vice President of Partners. L.P., a Texas limited Partnership, By: Sowell Wallisville GP, LLC, a Texas limited Liability company, its General Partner , a corporation and on behalf of said corporation. To certify whi witness my hand and official seal on this the d'C S day of x 20 , Y cAn� SOennuA Notary Public. state of Texas Co Ma bP GSag'14 otary Public'STATE OFT E X A S (seal) i AFTER RECORDING,RETURN TO: City of Baytown I Attn: Planning Department P.O. Box 424 Baytown,TX 77622-0424 Page 1 of 8 DESCRIPTION OF 11LU ACRES 14,970,902 SCt.FT.) TALCOiT PATCHING SURVEY,A-620 HARRIS COUNTY,TEXAS . Being all that certain 111.82 acres(4,870,902 sq.ft.)of land situated in the Talcott Patching Survey,X620,Harris County,Texas,and being all of a called UL307 acre tract conveyed to Sowell WallisvlNe Partners,LP.as recorded under Harris County Clerks Rle(H.CCF.)No. 20110485127,and being more particularly described as follows. (Bearings based on theTexas Coordinated System,South Central Zone,NAD83,2011 Adjustment) BEGINNING at a S/8-Inch iron rod with a plastic cap stamped"Cobb Fendley&Associates"set , forthe southerly southeast comer of the herein described tract and said 111.307 acre tract, f and being the northwest corner of a cutback corner of the intersection of Wallisville Road (width varies)and Garth Road(width varies); S THENCE South 76.53'44"West,along the north right-of-way of Walllsviile Road,a distance of 772.46 feet to a 5/134nch iron rod with a plastic cap stamped"Cobb Fendley&Associates'set for a angle point in the south line of the herein described tract and said north right-of-way; THENCE South 10°55'40°East,a distance of 18.57 feet to a 5%84nch iron rod with a plastic cap ! stamped"Cobb Fendley&Assodates"set for a angle point in the south line of the herein described tract and said north right-oltway; THENCE South 76048'33"West,continuing aiang said north right-of-way,a distance of 844.23 feet to a 5/84nch iron rod with a plastic cap stamped"Cobb Fendley&Associates"set for the southerly southwest comer of the herein described tract and the southeast corner of a called 4.727 acre tract conveyed to Reliant Energy as recorded under Volume(Vol.)3018,Page(Pg.) 28 of the Harris County Deed Records(H.C.D.R.); THENCE North 13003'40"West;along the east line of said 4.727 acre tract;a distance of 499.28 feet to a 5/8-Inch Iron rod with a plastic cap stamped"Terra Surveying"found for the northeast comer of said 4.727 acre tract and being an interior corner of the herein described tract; D:1da1?.013\10013.Soweli,,,,Tract\.SUR\1310-013-01 11UiC.M&B.doc Pa3e 2 of 3 THENCE South 76'S6'20"West,along the north line of said 4.727 acre tract,a distance of 473S8 feet to a 3/4-Inch iron rod found for the northwest comer of said 4.727 acre tract and lying in the easterly line of a 150 feet wide easement conveyed to Houston Ughting&Power i Company as recorded under Vol.3021,Pg.30 of the H.CO.R.,said point being the northerly, southwest comer of the herein described tract; f l THENCE North 26'56'39"West,(Bearing Basis)along the east One of said 150 feet wide easement,a distance of 1976.28 feet to a S/&Inch Iron rod with a plastic cap stamped"Cobb Fendley&Assodates"set for the northwest corner of the herein described tract and lying in the south line of 20 feet wide easement conveyed to Seagull Petrochemical Corporation as recorded under H.CCF.No.M373042; THENCE North 63.23129"East,along the south line of said 20 feet wide easement,a'dlstance of 2850 feet to a S/8-Inch Iron rod with a plastic cap stamped"Cobb Fendley&Associates"set for an angle point in the north line of the herein described tract; THENCE North 76WW Fast,continuing along said south line of 20 feet wide easement,a distance of 50399 feet to a 5/84nch Iron rod with a plastic cap stamped"Cobb Fendley& Associates"set for an angle point in the north One of the herein described tract; { THENCE South 89'1r59"East,continuing along said south line of 20 feet wide easement,a distance of 2176.59 feet to a 5/8-Inch Iron rod with a plastic cap stamped"Cobb Fendley& Assodates"set for an angle point in the north line of the herein described tract and said 20 feet wide easement; THENCE North 79'S6'44"East,continuing along Bald south line of 20 feet wide easement,a distance of S.83 feet to a S/84nch Iron rod with a plastic cap stamped"Cobb Fendley& Associates"set for the northeast comer of the herein described tract and lying in the west right-of-Way of the aforementioned Garth Road, THENCE South 10'Wlr East,along said west right-of-way,a distance of 1873.07 feet to a 5/8- Inch Iron rod found for the north comer of a cutback corner of the northwest Intersection of said WalOsviile Road and Garth Road,and being the northerly southeast corner of the herein described tract; 0.%cfaN2013%10013.Sower„7ract\,SUR%1310-013-OiLiilAC.M&B.doc Papa of 3 THENCE South 3MV03"West,along Bald cutback,a distance of 21.64 feet to the POINT OF BEGINNING and containing 111.82 acres(4,870,902 sq.ft)of land more or less. Notes: L This metes and bounds description is rekenced to a survey drawing prepared by Cobb, Fendley&Associates6 kc.dated October 7,2013 titled"LAND TITLE SURVEY, It 1.82 ACRES&13.87 ACRES,TALCOIT PATCHING SURVEY,A-620,HARRIS. COUNTY,TLY ". 2. Square footaga area drown is for Wfomation only and surveyor does not certify accuracy of amv W to nearest square foot. ► Cobbr Fendley $Asaadlates, Inc. T9PLS Firm Regleftdon No.100467 P 13430 Northwest Freeway,Suite 1100 t Houston,Texas 77040 Phone:(713)462 3242 «�...«•...~""' '» 6 NE FI8H� Job No. 1310-013-01 8{I9 October 15,2013 j i i t):Ida%2013110tr13«SowelLTract\SSUR%1310-013-01_111AC.M&B.doc UNANIMOUS CONSENT OF THE MEMBERS IN LIEU OF ORGANIZATIONAL METING OF SOWELL WALLISVIQ, X GP,LLC November 8,2011 Teo undersigned, being all of the Members named in the Company Agreement of SOWELL WALLISVILLE OP. LLC, a Texas limited liability company (the hereby pursuant to ft provisions of Chapter 101, Section 101.359 of the Tom Business Orgauiantiona Code, consents to and approves the following resolutions and each and every 1 action effected thereby: i 1. Cartjficato ofFormidonFilod. 1 RESOLVED,that the Certificate of Formation thtst was submitted to,and re viewed by,the Members of the Company and that has bees filed In the Office of the Secretary of State of Texas on November 8, 2011. is approved, accepted, ratified,and adopted as the Company's Certificate of Formation; FURTHER RESOLVED that the Secretary of the Coe �i insert the Company Agreement and the Certificate of Formation issued bydthe Secretary of State of Texas in the minute book of the Company. I 2. Minute Boak. RESOLVED, that (a) the minute book presented to the Membm of the Company is approved and adopted,and the action of the Secretary in inserting in it ' the Cm p w Agreement and Certificate of Formation is ratified and approved,and (b)the Secretary is hereby directed to authenticate the minute book,to retain oustody of it; and to insert therein mina of any mewing and of other pwcee&p of the Members of the Company(or written waivers and consents to any Member addon) and other appropriate records of the Company. 3. CorBaraR,e Seal. RESOLVED,that the corporate seal,an impression of which appears on the margin of this rhmrnimous Consent; is hereby approved and adopted w the form of seal of the Compaiw.provided that the use of swI seal shall not be requhed upon, and shall not affect the validity o4 any lndrumeat issued or executed by the Company. 4. MyWxahin C Sirs g. RESOLVE% that the membership ate, in the fomoe, words, and figures submitted to, and reviewed by, the Members of the Company is hereby approved and adopted as the form of certificate of the Company; s UNAN0A=CX*IIMU0jrTMbaMu=S - WLW OF ORGMZAMNALUBMWO OF SOWML WAWSVtr"t s+OP.LLC—Pw 1 of 3 rMawall Waltintll%Qi-Flnt-mw Sowell Wal tsvillo FURTHER RESOLVED,that the Secidwy of the Company be,and hereby is authorized and directed to insert a sample membemhip certificate in the minute book of the Company. S. limber of Members. RESOLVED,that until Audw action by the Members or the shareholders of the Company,there should be at least two(2)members dale Company. 6. Hof Officers. RESOLVED,that the following individuals are elected to the offices of the Company set forth opposite their respective names,each to serve as such until such officer's successor is elected or appchud and qualified or, if earlier, until such officer's death,resignation,or removal from office: Stephen L.Brown Pnddent James S.Cornelius Mos President Kathy Fox Powell Vice President and Secretary � Keith D.Martin Chief Financial Officer 7. Comrl I ft of Officers. RESOLVED,that until fntdmr action by the Members of the Company,the offioers of the Company shall am as such without Runty or other compensation. i 8. Issuance of Membens�bia lnteresls. WHEREAS,the Company 1s authorized in its Certificate of Formation and Company Agi ement to issue membership intenats; WHEREAS,it is domed to be to the best interests of the Company that i membership interests be issued a uVor sold in the following manner: Name of Iasuees Membership Interest Consldaratioar 1. James B.Sowell 86.67% $12,272.47 2. Stephen L.Brown 13.33% $1,887.53 NOW THERBFORE, BE 1T RESOLVED. that the Members of the Company be, and are hereby authorized and instructed to issue and sell the membership interest of the Company above authorized to be issued and sold hereby,for tho consideration stated. UMarm+taus caxsaxr ogM s err r.®v oaORGAMA170HAL M MMO GP sOWMU wALU1SMZ OP.U C—Page 2 of 3 &ASowel)w WAMFd a I 9. Oraanixatloaal Bp . RESOLVED,the Members of the Company be,and hereby wa,authorized and directed to pay the expenses of organization of the Company. 10. Aut>mrizaSnn. � RESOLVED, that the officers of the Company arc hereby sovcmIIy authorized(a)to sign,wcute,certify to,verify,acknowledge,deliver,accept,file, and record any and alt inshumeats and documents, and(b)to Wccr or cause to be take%-aq and all such action,in the now and on behalf of the Company, as(in such officWa judgment)shall be necessary,desirable or appmprWc in order to effect the purposes of dw foregoing resobwom% FURTHER RESOLVED,that any and all action talm by any proper officer of the Ccngmy prior to the date this Unanimous Consent is actually exanuted in effieadng the purposes of the foregoing resoludons Is hereby ratified, approv4' coaficmad,and adopted In all respects. AT VA NESS WHEREOF,the anderaigned Members of the Company have exemftd this Unanimous Consent as of tbo date Seat above writtm James so Member ! hen . Member UNAMOUSCONSMUCPnMEMBM IN LW OF OROANMTIONa WMWO OF SOWEM WAUUM*c CrP,LLC-Fogs 3 of 3 &'30"u w4HbV l"9R4lnt~owon wamidlo