Ordniance No. 14,344 ORDINANCE NO. 14,344
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 4.86 ACRES, LOCATED
APPROXIMATELY 285 FEET WEST OF WEST ROAD AND 670 FEET NORTH OF
WEST CEDAR BAYOU LYNCHBURG ROAD AND SITUATED IN THE ED. T.
SCHAFFER (W.C. & R.R.) SURVEY, ABSTRACT NO. 1224, HARRIS COUNTY,
TEXAS, 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 13"' day of February, 2020, and the 12"' day of March, 2020, 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 7th day of
February, 2020, and on the 27th day of February, 2020; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 27th day of October, 2019; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board on the 30th day of January, 2020, and on the 25th day of February, 2020; 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 I" day of January,
2019, 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 of tive vote of the City Council of the City of
Baytown this the 13"'day of March,2020.
BRANDON CAPETILLO, or
ATTE,
`
LE CIA B YSCH, City ,,�" .° . 0r,
�8 0
Oge � / t !
APPROVED AS TO FORM:
•titi y
ACIO RAMIREZ, SR., Ty
' Attorney
INTRODUCED, READ and PASSED on the SECOND AND FIN READ this the 9'h day
of April,2020.
BRANDON CAPETILLO, Mayo
A ST:
LETICIA BRYSCH, Cit erk
c
APPROVED AS TO FORM: 0 .
NACIO RAMIREZ, SR., y At orneyS , =
\\cobfs0l\legal\Karen\Files\City Caunci1\0rdimnces\2020\Apri1 9\Annexa ionof4.86Acros.doc
2
OBIT"A" .
t
PARCEL. 1
MID D NOTES of a 4.955 acre mitigation area and pond cad two 10 fact wide'Gum
emefftents sititamd at the Ed.T.SchafEar(W.C.&R.R.)Survey,A1w=No.12248 Ukda...
Coaaty,TeKL%being out of and a pert of Lot I I od Blade 21 of B'igbleod Finata Addition L r
par plat recoaded in Volume 7 at page 60 and 61 of the Map R=mds of Hams county,Tezt;
elao being out*fad apmt of Lots 14 thma„h 26 of Block 7 of the East Bad Addition to
l ftV nd Fiv=as pa pUt rarolded in Votmme 15 at.pago 60 oftho Map 10mah ofHwxb
Coin%Tasaa,and b ft mt of and a pact*f a•63J 918=0 tract oflaad eouvayed to James W.
Qusafta by Jobe B.Denton,a mve by dad dowd July 31.1969 and recorded In Volnmo 7721 '
at page 144 of the Deed Records ofHaais County,Texas. This 4.855 acre treat of had and tits
ca;valinea of t1u two 10 foot wido&%bus&*outW dements an more particularly describedby
metal cad bomub as follows,wwit:
NOTE: ALL BEARINGS ARE BASED ON A 1 AND Me 3N A]RON PIPE FOUND FOR THE
NORTHEAST CORNER OF SAID 63.1918 ACRE TRACT AND A A INCU MON PJPB
FOUND FOR TJE MOST EASTERLY SOU72MAST CORNM OF SAID 63.1919 ACRE
TRAM SAD)FOUND CORNERS OF TBE 63.1919 ACRE TRACT ARE IN TEM WP.ST
RIGHT OF WAY BNB OF VIM ROAD.
• 4.8554 ACRE MI't'ICIATION AREA AND POND
....::..........
CONOM40NG at a i and V4 inch iron ptpe found for the Nanheaat corner of said 63.)918=v
had of lead at the intersection of the 3vuth right of way line of SOUM Rood,60 foot right of
I way,and the West sight of way line of WEST Road,60 foot right of way.
THENCE South 09 deg.55 min.SS ace.Eam with the Mwt lhw of said 63.1918 awe tract and the
Wed right of way Tina of WEST Road a duce of 1548.62 fbd to a point.
TMWCE South 80 dog.04 mnn,05 eec.West petpaadWular to the Fast ffiae of said 63.2938 sae
tract and the west H&of way Liao of WEST Road a disbatce of 248.56 feet to apoiat tot ft
Somh coma of the 4.855 acre=of laud and the POINT OF BEOWNINO. From tbis cornet
' The PLACE OF CON VMNCJNG bears North 00 dog.48 min.48 arc.West a distance of 1568.44
r
THENCE North 36 deg.28 min.4S sat.West with die Soutbwest line o;LVs tract a dktaacs of ,
1015.33 foot to a point far the Ncrtbwest comer of this tract
THENCE Nos&81 deg.05 min.43 see.East with the North line of tract a distatcra of 470.00
feet to a point of the NoAcast comer of this treat
TMCE South 08 deg.S4 min. l 7 am East with the Fast line of U&tract a dbtm=of 900.00
feat to the PLACE OF BEOJMMO,conWaing witbi n said botmdatics 4.85S art of tend.
r '
1
i
PARCEL.2
COMM4=0 of the Soot corner of acid 4.855 area mitigatbw area and pond tract, Fmm this
comet Noatheost comer of said 63.1919 a=tract be=Nortb 00 dc&49 nkbL 48 sec West a 1
distance of 1568.44 mat. 1
. 1 .
17MCE North 36 deg.28 min.45 sac.Went with the Sourest line of said USS we tract a
diataaae of 30.00 het to a ppoint in the oaaterllua oftttis 10 foot wide drainage o=M easamara
urA POINT OF SEt3I*MG.
TMWCB Soulb 09 deg.59 min.00 sec.Baps with the ccotazMns of this ca mm=t a dista=of
6&45 feet to a porn!fora carpus of Wa ssument
TMNCE Son&S4 deg,59 lair.00 sec.East with the cewft- ne of this eas=cot a ftus ce of
s 18.00 feet to a point for a wean of this ems=cat -
'f2MNCB North 80 deg.01 mim do nee.Bast with do eenkdl to of die eases x=a d sWee of ,
249.17 foot to dw 71 M04US POINT oftblt 10 foot wide vatfall mot;in the Pass .
lino of said 63.1918 am tract and in the Wet sisht of way line of T Rosut. Frain da
MINUS PODM the Nortltem cur=of uW 63.191 It am trial be=North 09 dc&35 mint.
SS w.West a distmnoo of 1600.73 feet '
FILE® FOR RECORD
8:00 AM
MAY 17 2012
sws. Z
c:Ounty®tent.Harris CQWtY.Tlow
Exhibit "B"
(wv Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, JLC West Road, LLC,a Michigan limited liability company(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 Property was subject to a development agreement,which allows the area to remain
outside the City limits under certain terms and conditions; and
WHEREAS, such agreement has expired and such expiration serves as a petition for voluntary
annexation of the Property;and
WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code,the City of 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 upon annexation;
NOW THEREFORE, for and in consideration of 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 Department, 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. Utili1y. 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.
5ervjces Agreement,Page I
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 I have first been provided to the
Property.
3. Remedies. Should the City fail to provide the services within the time period specified in Section I
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 Harris County property tax roll for the Property.
(b) Severability. if a court of competent jurisdiction determines 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 terms 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) Headingg. 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.
Services Agreement,Page 2
Q) Agreement Read. The parties acknowledge that they have read,understand and intend to be
bound by the terns and conditions of this Agreement.
(k) Authori . 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
Agreement on behalf of tlne Owner hereby represent that such officers have full authority to
execute this Agreement and to bind the parry he/site represents-
Entered into this day of c�QSVD rLA 12020.
OWNER: JLC WEST ROA—, LL
(Signature)
�fiy I , god
(Printed(Printed Name)
(Title)
STATE OFa'E#A�
COUNTY OF+h4tMMV-ka%d§
Before me, L.LA&ir {tQL OCAJLS , the undersigned notary public, on this day personally
appeared 7Av C C' rr kl _ the NtC vK4td rof JLC West Road,LLC,
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 11I�dav af O rL tcx 2020.
LUSTENIA OAVIS 'e
NOTARY PUBLIC-STATE OFMOM 'Ndtafy Public, State of TexasMkCklia�n�
CMNTY OF MAOOM6
My Cminis"Eqft AmAt"in ft Ct>{utpt at �Q Q_
CITY Or BAYTOWN
RICHARD L. A IS,City Manager
%TICIA*A�Y—S
Ao
CH,City erk Gj •leIP
VICOBF5011LcgahKamnT-iltAConimcts\Votuniary Anncxm x
ioi crime ent csUL So RoadlSeniccs Agrecmcnt-West.dm
�f N �tl9
Services Agreement, Page 3
a
LXAIBTT"A"
t
PARCEL 1
FMIM NOTES of s 4.855 acre mitigation area and pond and two 10 foot wide draicasgc a�ali
easements sidtabod at the F.d.T.S (W.G de R 1L)Survey,Absflrsct Na 12240 ftd .._
Caty,Twm%being out of and a pert ofLot I and Block 21 offtblaod Fetwa Addition ss r
pac prat recorded in Vol=a 7 at pate 60 and 61 of lb a Map R=mds of Ffsaris Crntaty,Texas, ;
also being out of and apmi of Jots 14 ttuoogh 26 of Blo*7 of tea Fart&ed Additloa to
8igbbmdT seas ea pa pbt�in Volume 15 at•pago 60 of�a bdV Iiecoah ofHa is
copy, cxss,and befg out of and a part of af3J 9)S ere!tact of laud conveyed to Jew W.
aka by robA B.!carton,ot.n4 by dwd dated J*31,1969 and recorded is Volfim rat
at page 144 of the Deed Records of Haab County,Toacas. This 4.855 acre tmot of had and the
ceruearUn=of tlz two 10 foot wldo&% a p outfall casements my more partioulady describedby
metes and bounds as follows.wwit:
NOTE: ALL BEARINGS ARB BASED M A 1 AND WINCH]RON PIPE FOUND FOR TIM
NORTHEAST CORNER OF SAID 63.1918 ACC'TRACT AND A A INCU JIM PIPE '
FOUND FOR TBE MOST EASTERLY SOUIMAST CORNM OF SAID 63.1918 ACRE
TRACT. SAM FOUND CORNERS OF TBE 63.1918 ACRE TRACT ARE IN THE WEST
RI(3H'I'OF WAY LM OF WEST ROAD.
• 4.8554 ACRE bIMCIATION AREA AND POND
C G et a 2 and V4 Inch han ptpe found for dw Nortbeaat comer of said 63.)918 no
bract of land at the intcrsec6on of the South ri$bt of way at of SOUM Road,60 hot right of
wssy,and the West right of way line of W T Road,60 fbot right ofwsy.•
TiENCE South 04 deg.SS min.SS sec.Salt with tbo East line of said 63.1918 acre tract and the
Wert right of way Una of WEST Road a distance of 1548,62 feet to a polmL
MMCE South 80 dog.04 min.CIS sec,West pap=UcWw to the Fast lme of raid 63,2918=9
tract and the West right of way lino of WEST Road a distance of 248.56 fcd to a paint fbf t'!tG -
Sawh corner of the 4.855 acre tract of land mod the POINT OF BBO NK NO. From this comer
The PLACE OF C0MIENQNG bears North 00 dog.48 min.48 am.West a distaaee of 1568.44
mat. --
r
TFUNCE Worth 36 deg.23 min 45 sac.West with the'Soutbwwcst line o:this tract a ditty of
101533 feet to a point for the Northwest carnet of this tract
TMICS North 81 deg.05 mh 43 see.Fast with the North line ordds tract a distmnre of 470.00
fed to a pofrrt of the NoAcast c6ma of this t mot
Ti10E S=*08 des.S4 min. 17 roc.Last with the But line of gds treat a dbtancc of 9K00
fed to the PLACE OF BEt31PlPI O,co Wniag wrtbin said boundaries 4.855 acme of land. .
i
J
i
PARCEL 2
COMMMG at the Soot comer of acid 4.835 am mitipdm area and pond traa. Fmm ibb
comet the Nast ew comer of said 63.1918&=mitt ta=North 00 dc$.48 min.48 aac.Wet a
eisatmsrc of 1568.44 fenL '
T1MCE Nmlh 36 deg.28 min.45 sac.Wend with the Soudwe st line of said USS am ftd a
diataace:of 30.00 Uaet to a p*Wt in Qie caaterUne of is 10 foot wide:drWnage=W tasarnara
and POINT OF SEl3II1N N0. �
R
TMWCB South 09 do&59 viaL 00 sec.Ban with the cantata ofthis casrmsat adieu=of
66.45 fen to o point for a corner of this mot.
1MNCE Soon&54 deg.59 min.00 scc.East with the centerlkw of this eaa=cw a dime of
18.00 Nett to a point for a comer of tlas eaumcat -
CE Nasth 80 dog.Ol min.d0 sec.Rant with the:cenbsiine of this esumet a disin of
249.17 fiat to the POW ofd&10 foot wide dmin auifall assement in this Rand
lino of said 63.1918 amv frost and in this Wont si&t ofway}w Of T F.oad. Fro®ob
TBRMEWS POINT tha Nardwast coiner of add 63.191 It am mat bcmm North 09 deb.35 mint
SS W.Wrist a distanco of 1600.73 feet '
ti
FILE® FOR RECORD
9:00 AM
MAY 17 2012
SXA6 Z;4w&4&e
ft, UMy®tarp,Narita C00ty-TMS