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CC Resolution No. 2278 RESOLUTION NO. 2278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 2272 PASSSED ON NOVEMBER 18, 2013; GRANTING THE PETITION OF SOWELL WALLISVILLE PARTNERS, L.P., REQUESTING ANNEXATION OF APPROXIMATELY 125.169 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 received a petition filed by 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; and WHEREAS, the City Council granted such petition on November 18, 2013, through Resolution No.2272;and WHEREAS, such petition did not contain the entire territory of Harris County Municipal Utility District No.213-B(the"MUD"); and WHEREAS, Sowell Wallisville Partners, L.P., withdrew such petition in order to file a new petition for the entire territory of the MUD;and WHEREAS, the City of Baytown received a new petition filed by Sowell Wallisville Partners, L.P., requesting annexation of approximately 125.169 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 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 repeals Resolution No.2272, passed on November 18, 2013, in its entirety. Section 2: That the City Council of the City of Baytown, Texas, hereby grants the petition of Sowell Wallisville Partners, L.P., requesting annexation of approximately 125.169 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 3: That the City Council of the 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 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. t INTRODUCED, READ and PASSED, by the affirmative vote the City Council of-the City of Baytown this the 12"'day of December, 2013. {vY� ST HEN -IrUONCARLOS, Mayor �{�J�•pp�Npep•• j� r ATT T: L i TICIA B RYSCH, C'. _ d:rk / r 1�j APPROVED AS TO FORM: i ACIO RAMIREZ, SR., Ci ttorney R-.T are nWileslCityCounciMesolutionsL?0131Ueeember 12%rant ingAnnexationPetiti ono No,,teIIWalIisviIIc Part ners.doe 2 Exhibit "A" CITY OF BAYTOWN BAYTOIANPETITION REOUESTING ANNEXATION STATE OF TEXAS COUNTY OF HARRISICHAMBERS COME NOW, Sowc11 s-7a11ii,viiie Partners, L. Owners) of the real property describes as follows to-wit: (Describe property and/or attach metes and bounds) See Attached Met:cs & Dcunds (State property location, for example, the property is located north of 1-10 near N. Main Street.) NOrLhWCSt 4arllel• of the rnter•s;ection of Garth Road & Wallisville Road (State the purpose of this annexation—What will be built, placed, etc.) Y� RCSiCICiltliill�Vttuuifacturecf( 1uuil�cr oi'Lois} 490 a Multifamily(Number of Units) * Commercial Busincss(13usiness typc)cas station ❑ RV Palk{Ntutrticr of fads} ❑ Reslatu•anI(Number'orscals) ❑ t[otel/Motel(Number of Beds) ❑ Office Building(Number of Occup rots) ❑ Retail(Nuinfer of Washrooms) ❑ 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), sowei.l s,rallisville Partners, L.P. , the Owner(s) of the above-described property request annexation of the property by the City of Baytown. SIGNED this the 6 t day of vls3 r 20 I � Sowell wallisvillc Partners, L.Y. Wiz,- Owner Owner James a. Cornelius Type Name& Title Type Name & Title 1601 Elm Sr' ' Suite 30 Address Address (713) 627-8021 Telephone Number Telephone Number 1 come 1 i unC�sa•e ilea.can Email Address Ernail Address Acknowledgement State of Texas § County of Harris 1 Chambers § BEFORE ME, the undersigned authority, on this day personally appeared c; wA r S 0 V r Y.a 1_ 11 �- , know to me to be the person(s) whose name(s) islare subscribed hereto, and who acknowledged that he/she/they executed the same for the purpose and consideration therein expressed. � Teeo certify which witness my hand and official seal on this the _ day of u Ml (Itl , 2019x_. pneu,, ?4+"'cd.y CAROLYN CHAPMAN z+ �z Notary Public,state of texas Notary Vic* STATE OF E A S i'='•. • '^i 1.iy Commission Expires February 07,2017 (seal) Corporate Acknowledgement State of Texas § County of Harris/Chambers § This instrument was acknowledged before me on , 20 , by Sowell wallisville James S. Cornelius gas vice President Of Partners, L.P., a Texas limited Partnership, By: Sowell Plallisville GP, LLC, a Texas limited Liability company, its General Partner , a corporation and on behalf of said corporation. To certify which witness my hand and official seal on this the day of 20 , Notary Public* STATE OF T E X A S (seal) AFTER RECORDING, RETURN TO: City of Baytown Attn: Planning Department P. O. Box 424 Baytown,TX 77622-0424 Page 1 of 3 DESCRIPTION OF 111.82 ACRES(4,870,902 SQ. FT.) TALCOTT 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,A=620,Harris County,Texas,and being all of a called 111.307 acre tract conveyed to Sowell Wallisville Partners, L.P. as recorded under Harris County Clerk's File(H.C.C.F.)No. 20110485127,and being more particularly described as follows. (Bearings based on the Texas Coordinated System,South Central Zone, NAD83,2011 Adjustment) BEGINNING at a 5/8-inch iron rod with a plastic cap stamped "Cobb Fendley&Associates"set for the southerly southeast corner of the herein described tract and said 111.307 acre tract, and being the northwest corner of a cutback corner of the intersection of Wallisville Road (width varies)and Garth Road(width varies); THENCE South 76053'44"West,along the north right-of-way of Wallisville Road,a distance of 772.46 feet to a 5/8-inch 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 10055'40" East,a distance of 18.57 feet to a 5/8-inch 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 76°48'33"West,continuing along said north right-of-way,a distance of 844.23 feet to a 5/8-inch 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 13°03'40"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 corner of said 4.727 acre tract and being an Interior corner of the herein described tract; D:\cfa\2013\10013.Sowell—Tract\SUR\1310-013-01-111AC.M&B.doc Page 2 of 3 THENCE South 76056'20"West,along the north line of said 4.727 acre tract,a distance of 473.58 feet to a 3/4-inch iron rod found for the northwest corner of said 4.727 acre tract and lying in the easterly line of a 150 feet wide easement conveyed to Houston Lighting&Power Company as recorded under Vol.3021,Pg.30 of the H.C.D.R.,said point being the northerly southwest comer of the herein described tract, THENCE North 26056'39"West, (Bearing Basis)along the east line of said 150 feet wide easement, a distance of 1976.28 feet to a 5/8-inch iron rod with a plastic cap stamped "Cobb Fendley&Associates"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.C.C.F. No. M373042; THENCE North 63023'29" East, along the south line of said 20 feet wide easement,a distance of 28.50 feet to a 5/8-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 76°25'01" East,continuing along said south line of 20 feet wide easement,a distance of 503.99 feet to a 5/8-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 South 89°12'59"East,continuing along said south line of 20 feet wide easement,a distance of 2176.58 feet to a 5/8-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 and said 20 feet wide easement; THENCE North 79°56'44" East,continuing along said south line of 20 feet wide easement,a distance of 5.83 feet to a 5/8-Inch iron rod with a plastic cap stamped "Cobb Fendley& Associates"set for the northeast corner of the herein described tract and lying in the west right-of-way of the aforementioned Garth Road, THENCE South 100SV11"East,along said west right-of-way,a distance of 1873.07 feet to a 5/8- inch iron rod found for the north corner of a cutback corner of the northwest intersection of said Wallisville Road and Garth Road,and being the northerly southeast comer of the herein described tract; D:\cfa\2013\10013.Sowell_Tract\SUR\1310-013-01_111AC.M&B.doc Page 3 of 3 THENCE South 32059'03"West,along said 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: 1. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley&Associates,Inc.dated October 7,2013 titled"LAND TITLE SURVEY, 111.82 ACRES & 13.87 ACRES,TALCOTT PATCHING SURVEY,A-620,HARRIS. COUNTY,TEXAS". 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. Cobb, Fendley & Associates, Inc. TBPLS Firm Registration No. 100467 OF 13430 Northwest Freeway,Suite 1100 4��o�sT 9F�gs Houston,Texas 77040 cod, ° Phone: (713)462-3242 •"' BLA'"''•ME PI1 .........S HER".. ,.�.:.N...2500���:...» 9 Job No. 1310-013-01 �,jNo g*U* October 15,2013 D:\cfa\2013\10013.Sowell Tract\SUR\1310-013-01 111AC.M&B.doc Page 1 of 2 DESCRIPTION OF 13.87 ACRES(604,092 SQ.FT.) TALCOTT PATCHING SURVEY,A-620 HARRIS COUNTY,TEXAS Being all that certain 13.87 acres(604,092 sq.ft.)of land more or less situated in the Talcott Patching Survey,A-620, Harris County,Texas,and being all of a called 13.860 acre tract conveyed to Sowell Wallisville Partners,L.P.as recorded under Harris County Clerk's File (H.C.C.F.) No.20110485127 and being more particularly described as follows. (Bearings based on the Texas Coordinate System,South Central Zone,NAD 83,2011 Adjustment) BEGINNING at a 5/8-inch iron rod with a plastic cap stamped "S&V"found in the south line of a called 11.46 acre(120 feet wide)easement conveyed to San Jacinto River Authority as recorded under Volume(Vol.)6279, Page(Pg.)517 of the Harris County Deed Records(H.C.D.R.),and lying in the west line of a called 150 feet wide easement conveyed to Houston Lighting&Power Company as recorded under Vol. 3021,Pg.30 of the H.C.D.R.,and being the northeast corner of the herein described tract; THENCE South 2605639"East,(Bearing Basis)along said west line of Houston Lighting&Power Company easement,a distance of 2083.84 feet to a 5/8-inch iron rod with a plastic cap stamped"Cobb Fendley&Associates"set for the south corner of the herein described tract and lying in the northerly line of a called 50 feet wide Humble Oil& Refining Company Pipeline Easement as recorded under Vol.5296, Pg.354 of the H.C.D.R.; THENCE North 61°20'OS"West,along the north line of said 50 feet wide easement,same being the south line of the aforementioned called 13.860 acre tract,a distance of 1342.79 feet to a 5/8-inch Iron rod with a plastic cap stamped "S&V"found for the west corner of the herein described tract; THENCE North 4703341"East,a distance of 651.87 feet to a 5/8-inch iron rod with a plastic cap stamped "S&V"found for a interior corner of the herein described tract; THENCE North 26°56'45"West,a distance of 832.89 feet to a 5/8-inch iron rod with a plastic cap stamped "S&V"found for the northwest corner of the herein described tract and lying in the south line of the aforementioned 120 feet wide San Jacinto River Authority easement; D:\cfa\2013\10013.Sowel) Tract\SUR\1310-013-01 13AC.-M&B.doc Page 2 of 2 THENCE North 76025'40"East, along the south line of said 120 feet wide San Jacinto River Authority easement, a distance of 133.93 feet to POINT OF BEGINNING and containing 13.87 acres(604,092 sq.ft.)of land more or less. Notes: 1. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley&Associates,Inc. dated October 7,2013 titled"LAND TITLE SURVEY, 111.82 ACRES & 13.87 ACRES,TALCOTT PATCHING SURVEY,A-620,HARRIS COUNTY,TEXAS". 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. Cobb, Fendley & Associates, Inc. TBPLS Firm Registration No. 100467 .Q .rsxq 13430 Northwest Freeway,Suite 1100 Houston,Texas 77040 ^ Phone: (713)462-3242 BLA1NE 2500 0 A S ANC BUA��y�� Vo Job No. 1310-013-01 October 15,2013 D:\cfa\2013\10013.Sowell Tract\SUR\1310-013-01_13AC.M&B.doc e i UNANIMOUS CONSENT OF THE MEMBERS IN LIEU OF ORGANIZATIONAL MEETING OF SOWELL WALLISVILLE GP,LLC November 8,2011 The undersigned, being all of the Members named in the Company Agreement of SOWELL WALLISVLLLE GP, LLC, a Texas limited liability company (the "Cg= '), hereby pursuant to the provisions of Chapter 101, Section 101.359 of the Texas Business Organizations Code, consents to and approves the following resolutions and each and every action effected thereby: l. Certificate of Formation Filed. RESOLVED, that the Certificate of Formation that was submitted to, and reviewed by,the Members of the Company and that has been 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 Company is directed to insert the Company Agreement and the Certificate of Formation issued by the Secretary of State of Texas in the minute book of the Company. 2. Minute Book. RESOLVED, that (a) the minute book presented to the Members of the Company is approved and adopted, and the action of the Secretary in inserting in it the Company Agreement and Certificate of Formation is ratified and approved, and (b)the Secretary is hereby directed to authenticate the minute book,to retain custody of it, and to insert therein minutes of any meeting and of other proceedings of the Members of the Company (or written waivers and consents to any Member action) and other appropriate records of the Company. 3. Corporate Seal. RESOLVED,that the corporate seal,an impression of which appears on the margin of this Unanimous Consent, is hereby approved and adopted as the form of seal of the Company, provided that the use of such seal shall not be required upon, and shall not affect the validity of, any instrument issued or executed by the Company. 4. Membership Certificate. RESOLVED, that the membership certificate, in the form, 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; UNANIMOUS CONSENT OF THE MEMBERS IN LIEU OF ORGANIZATIONAL MEETING OF SOWELL WALLISVILLE GP,LLC—Page I of 3 KASowell WallisvilleVv in-First Mtg-Sowell Wallisvillc FURTHER RESOLVED,that the Secretary of the Company be, and hereby is authorized and directed to insert a sample membership certificate in the minute book of the Company. 5. Number of Members. RESOLVED,that until further action by the Members or the shareholders of the Company,there should be at least two(2)members of the Company. 6. Election of Officers. RESOLVED, that the following individuals are elected to the offices of the i Company set forth opposite their respective names,each to serve as such until such officer's successor is elected or appointed and qualified or, if earlier, until such officer's death,resignation,or removal from office: Stephen L.Brown President James S.Cornelius Vice President Kathy Fox Powell Vice President and Secretary Keith D.Martin Chief Financial Officer 7. Compensation of Officers. RESOLVED, that until further action by the Members of the Company, the officers of the Company shall serve as such without salary or other compensation, i 8. Issuance of Membership Interests. WHEREAS,the Company is authorized in its Certificate of Formation and Company Agreement to issue membership interests; WHEREAS, it is deemed to be to the best interests of the Company that membership interests be issued and/or sold in the following manner: Name of Issuees Membership Interest Consideration 1. James E. Sowell 86.67% $12,272.47 2. Stephen L. Brown 13.33% $1,887.53 NOW THEREFORE, BE IT 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 the consideration stated. UNANIMOUS CONSENT OF THE MEMBERS IN LIEU OF ORGANIZATIONAL MEETING OF SOWELL WALLISVILLE GP,LLC—Page 2 of 3 K:1Sowell Wa111svil1e\M1n-First Mtg-Sowell Wallisville i 9. Orgamzahonal Expenses. RESOLVED,the Members of the Company be,and hereby are, authorized and directed to pay the expenses of organization of the Company. 10. Authorization. i RESOLVED, that the officers of the Company are hereby severally authorized (a) to sign, execute, certify to, verify, acknowledge, deliver, accept, file, and record any and all instruments and documents, and (b) to take, or cause to be taken,.any and all such action, in the name and on behalf of the Company, as (in such officer's judgment)shall be necessary,desirable or appropriate in order to effect the purposes of the foregoing resolutions; FURTHER RESOLVED,that any and all action taken by any proper officer of the Company prior to the date this Unanimous Consent is actually executed in effecting the purposes of the foregoing resolutions is hereby ratified, approved, confirmed,and adopted in all respects. IN WITNESS WHEREOF, the undersigned Members of the Company have executed this Unanimous Consent as of the date first above written. James .So ell,Member i liKi= Ste hen Member i UNANIMOUS CONSENT OF THE MEMBERS IN LIEU OF ORGANIZATIONAL MEETING OF SOWELL WALLISVILLE GP,LLC—Page 3 of 3 K:1SoweU WallisAIIe1Min-First-Mtg-Sowe1I Wallisville