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