Ordinance No. 14,717 (2d reading) ORDINANCE NO. 14,717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF APPROXIMATELY 71.66 ACRES CONSISTING OF
APPROXIMATELY 69.50 ACRES OF LAND, LEGALLY DESCRIBED AS TRACT
37A-5, ABSTRACT 21, G. ELLIS SURVEY, BAYTOWN, HARRIS COUNTY,
TEXAS, ALONG WITH APPROXIMATELY 2.16 ACRES BEING THE ENTIRE
WIDTH OF N. MAIN STREET RIGHT-OF-WAY EXTENDING NORTHWARDS
APPROXIMATELY 1335.01 FEET FROM THE CURRENT CITY LIMITS, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,TEXAS.
WHEREAS, there being no request for an "on-site" hearing, two 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 annexation of the property described in Section 2 of this ordinance, were held
during the City Council meetings on the 22' day of April, 2021, and the 13°i day of May, 2021, in the
City Council Chamber of City Hall of the City of Baytown,Texas; 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 the 8" day of
April, 2021, and on the 29"'day of April, 2021; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 9"'day of April, 2021; and
j WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board on the 9"'day of April, 2021, and on the 30"'day of April, 2021; 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 15` day of January,
2021,was 56.76 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants;
and
WHEREAS, the below-described property lies within the extraterritorial jurisdiction of the City
of Baytown,Texas; and
WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area
is in the public interest;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true
and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted
as a part of the judgment and findings by the City Council of the City of Baytown,Texas.
Section 2: That the following described land and territories lying adjacent to and adjoining
the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter
be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of
such City, at the various points contiguous to the areas hereinafter described, are altered and amended so
as to include said areas within the corporate limits of the City of Baytown,Texas,to-wit:
SEE EXHIBIT "A"
Section 3: The above-described territories and the areas so annexed shall be a part of the
City of Baytown, Texas, and the property so added hereby shall bear its pro rata share of the taxes levied
by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and
privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances,
resolutions, and regulations of the City of Baytown, Texas.
Section 4: In accordance with Texas Local Government Code Annotated §43.056, as
amended, the service plan prepared by the City for providing municipal services to the annexed areas is
hereby approved and is attached hereto as Exhibit "B," and is incorporated herein by this reference for all
intents and purposes.
Section 5: This ordinance shall be published and passed in the manner provided in Article 1,
Section 9,of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City C I cil of the City of
Baytown this the 1311 day of May, 2021.
N CAP TILLO, Ma or
TEST:
o�gpYTOty��;;\
1
ANGELA J KSON,Interim City lerj A
4 x`r t y
APPROVED AS TO FORM: 9T o f . Yq'
KA N L. HORNER, City Attorney
INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 2411
day of June, 2021.
HEATHER BETAN OURTH, Mayor Pro Tern
EST: BpYTOKr
of ti r
Cam$ f• •� to
ANGELA KSON,Interim City rk ?.. s
�j /y
APPROVED AS TO FORM: 4rF OF T�+P
KAREN L. HORNER, City Attorney
R:\Karen Homer\Documents\Files\City Council\Ordinances\2021\May 13\Annexa[ionof71.66Acres.doc
2
Exhibit "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING
69.553 ACRES (3,029,739 SQUARE FEET) SITUATED IN
GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, TEXAS
Being a tract of land containing 69.553 acres (3,029,739 square feet) situated in the
George Ellis League, A-21 in Harris County, Texas, being out of Lot 13 of the Subdivision of the
George Ellis League, A-21, a subdivision plat record?d in Volume 72, Page 456 of the Deed
Records of Harris County, Texas, and being all of a called 36.008-acre tract as conveyed unto
Earl W. Wilburn, Jr., by deed recorded under County dlerk's File No. W477787, Film Code No.
564-03-0204 of the Official Public Records of Real Property of Harris County, Texas and being
all of the residue of a called 17.310-acre tract as conv4ed unto Joanne W. Gill by deed recorded
in County Clerk's File No. W477786, Film Code No. 564-03-0203 of the Official Public
Records of Real Property of Harris County, Texas, and also being all of the residue of a called
18.045-acre tract as conveyed unto Joanne W. Gill by deed recorded under County Clerk's File
No. G157210, Film Code No. 133-88-1352 of the Of icial Public Records of Real Property of
Harris County, Texas, said 69.553-acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a found 2" iron pipe located) in the northeasterly right-of-way line of
North Main Street (80 feet wide at this point) for the southwesterly comer of the residue of said
18.045-acre tract, for the northwesterly comer of a called 2.2653-acre tract(Tract 2)as conveyed
unto Matthew J. Seymour by deed recorded under Cc I my Clerk's File No. RP-2019-161688 of
the Official Public Records of Real Property of Harris County, Texas, and for the southwesterly
corner of said tract herein described;
THENCE North 120 27' 14"West with the easterly right-of-way line of said North Main
Street and the westerly line of the residue of said 18. 45-acre tract, at a distance of 228.62 feet
passing a point for the northwesterly comer of the residue of said 18.045-acre tract and for the
southwesterly comer of the residue of said 17.310-acre tract, continuing with the easterly right-
of-way line of said North Main Street and the westerly line of the residue of said 17.310-acre
tract, at a distance of 536.95 feet passing a found 1/2-inch iron rod with cap stamped "BSOR
2634" for the northwesterly comer of said 17.310-acre tract and for the southwesterly comer of
said 36.008-acre tract, continuing with the easterly right-of-way line of said North Main Street
and the westerly line of said 36.008-acre tract for a totil distance of 1,135.11 feet to a found 5/8-
inch iron rod for the northwesterly comer of said 36.008-acre tract, for the southwesterly comer
of a called 31.574-acre tract as conveyed unto Missouri Pacific Railroad Company by deed
recorded under County Clerk's File No. R802767, Pi in Code No. 507-28-0883 of the Official
Public Records of Real Property of Hams County, Texas, and for the northwesterly corner of
said tract herein described;
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THENCE North 77° 51' 22"East with the northerly line of said 36.008-acre tract and the
southerly line of said 31.574-acre tract, a distance of 2,623.95 feet to a found 2" iron pipe (bent)
for the northeasterly corner of said 36.008-acre tract, for the southeasterly corner of said 31.574-
acre tract, for the southwesterly corner of the residue of a called 31.912-acre tract as conveyed
unto Missouri Pacific Railroad Company by deed recorded under County Clerk's Film Code No.
502-84-1580 of the Official Public Records of Real Property of Harris County, Texas, for the
northwesterly comer of the residue of a called 35.4530-acre tract as conveyed unto Larry Kent
Murphy and wife, Beck Sue Murphy by deed recordedunder County Clerk's File No. V277159,
Film Code No. 543-66-0231 of the Official Public Records of Real Property of Harris County,
Texas,and for the northeasterly corner of said tract herq'in described;
THENCE South 12° 29' 30" East with the east�rly line of said 36.008-acre tract and the
westerly line of said 35.4530-acre tract, a distance of 1566.97 feet to a found 1/2-inch iron rod
with cap stamped "BHA" for the most northerly southeasterly corner of said 36.008-acre tract,
for the southwesterly corner of the residue of said 35.4 30-acre tract, for the northerly corner of
a called 0.0185-acre tract as conveyed unto the County of Harris by deed recorded under County
Clerk's File No. Y 109360, Film Code No. 596-70-0454 of the Official Public Records of Real
Property of Harris County, Texas, for the northwesterly corner of a called 3.6682-acre tract as
conveyed unto the County of Harris by deed recorded under County Clerk's File No. Y049181,
Film Code No. 595-41-1796 of the Official Public Re6ds of Real Property of Harris County,
Texas, and for an angle point in the easterly line o said tract herein described and for the
beginning of a non-tangent curve to the left;
THENCE in a southwesterly direction with the easterly line of said 36.008-acre tract,
with the westerly line of said 0.0185-acre tract and with said non-tangent curve to the left whose
radius is 1,000.00 feet and whose central angle is 15°1 36' 14" (chord bears South 39° 19' 36"
West, a distance of 271.50 feet) at an arc length of 58.94 feet passing a found 1/2-inch iron rod
with cap stamped "BHA" for the most southerly southeasterly corner of said 36.008-acre tract,
for the southwesterly corner of said 0.0185-acre tract, for the northwesterly comer of the residue
of said 17.310-acre tract and for the northwesterly corner of a called 0.3388-acre tract as
conveyed unto the County of Harris by deed recorded under County Clerk's File No. Y 126107,
Film Code No. 096-98-2426 of the Official Public Records of Real Property of Harris County,
Texas, continuing with said non-tangent curve to the left, with the easterly line of the residue of
said 17.310-acre tract and with the westerly line of said 0.3388-acre tract for a total curve length
of 272.34 feet to a found 1/2-inch iron rod with cap smped`BHA" for a corner in the easterly
line of said 17.310-acre, for a corner in the westerly linil of said 0.3388-acre tract, for the point of
tangency and for a corner in the easterly line of said tract herein described;
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THENCE South 31° 31' 30"West continuing with the easterly line of the residue of said
17.310-acre tract and the westerly line of said 0.3388-acre tract, at a distance of 234.35 passing a
point for the southeasterly corner of the residue of said 17.310-acre tract, for the southwesterly
comer of said 0.3388-acre tract, for the northeasterly comer of the residue of said 18.045-acre
tract and for the northwesterly comer of a called 0.22711-acre tract as conveyed unto the County
of Harris by deed recorded under County Clerk's File No. Y012509, Film Code No. 594-51-
2032 of the Official Public Records of Real Propert j of Harris County, Texas, from which a
found 1/2-inch iron rod with cap stamped "BHA" bears South 36' 43' 38" East, a distance of
0.15 feet, continuing with the easterly line of said 18.045-acre tract and the westerly line of said
0.2271-acre tract for a total distance of 261.07 feet to alfound 1/2-inch iron rod with cap stamped
"BHA"for a corner in the easterly line of the residue of said 18.045-acre tract, for a corner in the
westerly line of said 0.2271-acre tract for the beginning of a tangent curve to the right and for a
corner in the easterly line of said tract herein described;
THENCE in a southwesterly direction with the easterly line of the residue of said 18.045-
acre tract, with the westerly line of said 0.2271-acre tract and with said tangent curve to the left
whose radius is 690.00 feet and whose central angle is 21° 02' 20" (chord bears South 21° 00'
20"West, a distance of 251.95 feet) for an arc length of 253.37 feet to a found 1/2-inch iron rod
with cap stamped"BHA"for a corner in the easterly line of the residue of said 18.045-acre tract,
for a corner in the westerly line of said 0.2271-acre tract, for the point of non-tangency and for a
corner in the easterly line of said tract herein described!
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THENCE South 10' 46' 08" West with the easterly line of the residue of said 18.045-
:: acre tract and the westerly line of said 0.2271-acre tract, a distance of 166.91 feet to a found 1/2-
inch iron rod with cap stamped"LJA"for an angle point in the easterly line of the residue of said
18.045-acre tract, for an angle point in the westerly line of said 0.2271-acre tract and for an angle
point in the easterly line of said tract herein described;
THENCE South 10*44' 11"West continuing with the easterly line of the residue of said
18.045-acre tract and the westerly line of said 0.227I-acre tract, a distance of 55.08 feet to a
found 1/2-inch iron rod with cap stamped "BHA" �ocated in the northerly line of a called
60.7025-acre tract as conveyed unto Tala Properties Inc., by deed recorded under County Clerk's
File No. RP-2017-362761 of the Official Public Re�ords of Real Property of Harris County,
Texas, for the southeasterly corner of the residue of said 18.045-acre tract, for the southwesterly
corner of said 0.2271-acre tract and for the southeasterly corner of said tract herein described;
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THENCE South 780 01 37 West with the southerly line of the residue of said 18.045-
acre tract and the northerly line of said 60.7025-acre tract, a distance of 1,083.24 feet to a found
1" iron pipe for an angle point in the southeasterly line of the residue of said 18.045-acre tract,
for the southeasterly comer of said 2.2653-acre tract and for an angle point in the southerly line
of said tract herein described;
Page 3 of 4
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THENCE North 12° 38' 10" West with the westerly line of the residue of said 18.045-
acre tract and the easterly line of said 2.2653-acre tract) a distance of 206.67 feet to a found 1"
iron pipe for an angle point in the southerly line of the residue of said 18.045-acre tract, for the
northeasterly corner of said 2.2653-acre tract and for an angle point in the southerly line of said
tract herein described;
THENCE South 77' 34' 04" West with the southerly line of the residue of said 18.045-
acre tract and the northerly line of said 2.2653-acre tract, a distance of 919.43 feet to the POINT
OF BEGIrV1VING and containing 69.553 acres(3,029,744 square feet) of land,more or less.
Notes: j
1. All bearings shown hereon are based on the Texas State Coordinate System, South Central
Zone (4204), NAD 83, 2001 adjustment: Found monuments marked "CM" were held for
controlling monuments.
2. Square footage area shown is for information only and surveyor does not certify accuracy of
survey to nearest square foot.
3. This metes and bounds description is referenced to a survey drawing prepared by Cobb,
Fendley & Associates, Inc. dated February 24, 2021, and titled "A BOUNDARY SURVEY OF
A 69.553 ACRES (310299739 SQ. FT.) TRACT SITUATED IN THE GEORGE ELLIS
SURVEY, A-21 IN HARRIS COUNTY,TEXAS".
i
Cobb,Fendley&Associates,Inc.
TBPELS Firm Registration No. 100467
13430 NW Freeway, Suite 1100
Houston,TX 77040
Phone: 713-462-3242
i
Job Number 2110-001-01-01
February 24,2021
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Page 4 of 4
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Exhibit "B"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, Earl W. Wilburn Jr.,(the"Owner")owns the property more specifically identified in
Exhibit"A,"which is attached hereto and incorporated herein for all intents and purposes(the"Property");and
WHEREAS,the Owner has requested annexation of the Property; and
WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code,the Cityof Baytown
(the"City")and the Owner desire to enter into this Services Agreement(this"Agreement")in order to govern
the provision of service to the Property;
NOW THEREFORE, for and in consideration or the mutual covenants and agreements herein
contained, the City and the Owner(collectively the"Parties")do hereby mutually agree as follows:
I. Services to be provided. The Parties agree that upon annexation,the City will provide the following
services,which shall be provided at a comparable level to that provided to other parts of the City with
topography,land use,and population density similar to those reasonably contemplated or projected on
the Property as of the date hereof:
a. Fire. The City, through its Fire Department, will provide fire and emergency medical
services to the Property.
b. Police. The City,through its Police Department,will provide law enforcement services to
the Property.
C. Health. The City, through its Health Deparunem, will provide services pertaining to
environmental health, neighborhood protection, storm water, and animal control to the
Property.
d. Planning and Development. The City,through its Planning and Development Services
Department,will provide development and building services to the Property, including
code enforcement services.
e. Utility. The City through, its Public Works, Engineering and Finance Departments, will
provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure
improvements necessary for the Property to receive these services from the existing City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure improvements,necessitated by proposed future development,shall be the sole
responsibility of the Owner.
The Parties understand and agree that the City is not required to provide a service that is not included
in this Agreement. However,nothing herein shall be construed to preclude the City from providing a
service in the future if it chooses to do so.
2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and
shall terminate one year after the services referenced in Section 1 have first been provided to the
Property.
Services Agreement,Page I
3. Remedies. Should the City fail to provide the services within the time period specified in Section 1
hereof,the Owner shall give written notice of such failure to the City and provide an opportunity for
the City to provide such services. The City shall not be in default hereof if the City is diligently
prosecuting the work necessary to provide the services. If the breach is not timely cured,the Owner's
sole remedy is to seek disannexation. If the property is disannexed,the City shall be relieved of any
and all obligations to provide those services specified in Section I hereof to the Property.
4. Miscellaneous Provisions.
(a) Notice. Notices required herein shall be delivered in hand or by registered or certified US
mail to the City at the following address:
City of Baytown
Attn: City Manager
2401 Market Street
Baytown,Texas 77520
Notice to the Owner may be addressed to Owner at the address indicated on the most
recent Hams County property tax roll for the Property.
(b) Severability. If a court of competent jurisdiction detennines that any covenant of this
Agreement is void or unenforceable,then the remainder of this Agreement shall remain in full
force and effect.
(c) Non-waiver. This Agreement may be enforced by any Owner or the City by any proceeding
at law or in equity.Failure to do so shall not be deemed a waiver to enforce the provisions of
this Agreement thereafter.
(d) Ambiguities. In the event of any ambiguity in any of the tenns of this Agreement,it shall not
be construed for or against any party hereto on the basis that such party did or did not author
the same.
(e) Headings. The headings appearing at the first of each numbered section in this Agreement
are inserted and included solely for convenience and shall never be considered or given any
effect in construing this Agreement or any provision hereof,or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any
question of intent should arise.
(f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and
construed in conformity with the provisions of Sections 43.0672 of the Texas Local
Government Code. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement.
(g) Venue. Venue for this Agreement shall be in Harris County,Texas.
(h) Counterparts. This Agreement may be separately executed in individual counterparts and,
upon execution,shall constitute one and same instrument.
(i) Complete Agreement.This Agreement contains all the agreements of the Owner and the City
relating to the subject matter hereof and is the full and final expression of the agreement
between such parties. This Agreement may be amended only by written agreement signed by
the Owner and the City.
(j) Agreement Read. The parties acknowledge that they have read,understand and intend to be
bound by the terms and conditions of this Agreement.
(k) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement
by virtue of being the owner of the Property. Additionally, the officers executing this
Services Agreement,Page 2
• Agreement on behalf of the Owner hereby represent that such officers have full authority to
execute this A reemem and to bind the party he/she represents.
Entered into this_ day of Y� 2021.
crry or wTu�� w
SICIIIU . D VIS,Ciry Manager
BpYTO tivTR
.°*/�k.:—?
' z fv
u�
ANGEL. ACK, Inte ' I it �L'I
lPT`•. Co
APPROVED AS TO FORM: ?"
KAREN L. I IORNF.R,City Attorney
OWNER
Earl . WiW lburn Jr.
STATE OP TEXAS §
COUNTY OF HARRIS §
Before me,FAY Wh r(1�kc undersigned notary public,on this day personally
appeared
known to me
proved to me on the oath of_ _
V proved tonte through his/her current T;description of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office thisV�0 day of(( , 2021.
•"'"•n =NGARZA SDIJL�Notary Pub ,, St ale of TeNOTAANotaEx ir
Services Mreement,page 3
OWNER So Anne 6111
STATE OF TEXAS §
COUNTY OF I IARRIS §
Before me. AG I w00a)oui W the undersigned notary public,on this day personally
appeared
known to me
proved to me on the oath of or
proved to me through his/her current _{description of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this&1 day of . 2021.
A to ---
_ Notary PtIl lic. State of Texas
JOCELYN GARZA
). N0TARYftWC,STATE0FHKAS
Notary 1D#13296147-3
`nEx ires March 09,2025
RAKnlell Anneutinn Agrcemem tin SemicnWORWSc"iccs Agmemem fnr Individni 2011.dw
Services Aereement,Page 4