Ordinance No. 14,992ORDINANCE NO.14,992
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 34.45 ACRES OF LAND,CONSISTING OF
THREE (3) PARCELS LOCATED GENERALLY NEAR THE NORTHWEST
INTERSECTION OF JOHN MARTIN ROAD AND INTERSTATE 10,SITUATED IN
THE TALCOTT PATCHING SURVEY,ABSTRACT NUMBER 620,IN 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 15"'day of November,2021,and the 9"' day of December,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 4"' day of
November,2021,and on the 23'" day of November,2021;and
WHEREAS,notice of the first and second public hearings were posted on the City of Baytown's
website on the 6"' day of October,2021;and
WHEREAS,notice of the first and second public hearings were posted on the City of Baytown's
notice board on the 4"' day of November,2021,and on the 22""day of November,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 inthe notice;and
WHEREAS, the total corporate area ofthe City of Baytown, Texas, on the 1 day ofJanuary,2022,
was 44.59 square miles; and
WHEREAS, the population of the City of Baytown,Texas,is approximately 83,701 inhabitants;
and
WHEREAS, the below-described property lieswithin 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 theJudgment 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.
Section4: 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 Council of the City of
Baytown this the 1311, day of January, 2022.
BRANDON CAPETILL , Mayor
ATTEST: epyTOWy
Al
AJ,TGELAOACKSON, City Cl
^.
eco
APPROVED AS TO FORM:
I �
T VOR FANNING, Interim City Attorney
INTRODUCED,READ and PASSED on the SECOND AND FINAL ING this the 271h day
of January, 2022.
ON CAPETILL , Mayor
TEST: of gPYTOW/i T
Ci
ANGEL ACKSON, City Cl
o
APPROVED AS TO FORM:
TREVOR FANNING, Interim City Attorney
2
_05- BIT A
FIELD NOTES 50 i t ,,,, ! J
FIELD NOTES OF A 1. 00 ACRE TRACT OF LAND SITUATED IN THE
TALCOTT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY,
TEXAS AND BEING THE SAME 1. 00 ACRE TRACT DESCRIBED IN DEED TO
HUMBLE OIL AND REFINING COMPANY CALLED SECOND TRACT RECORDED
IN VOLUME 1525, PAGE 582 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 1. 00 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 1" IRON PIPE (WITH CAP STAMPED "COTTON
SURVEYING") FOUND IN THE NORTHERLY LINE OF INTERSTATE 10 FOR
THE SOUTHWEST CORNER OF A 61. 74 ACRE TRACT CONVEYED TO RICE
TRUST, INC. RECORDED UNDER CLERK'S FILE NO. M-154865 OF THE
HARRIS COUNTY DEED RECORDS, BEING THE SOUTHEAST CORNER OF A
32 ACRE TRACT, MORE OR LESS, CONVEYED TO CHARLES H. COX;
THENCE NORTH 00014147" EAST ALONG THE WEST LINE OF THE 61. 47
ACRE TRACT AND THE EAST LINE OF THE 32 ACRE TRACT A DISTANCE
OF 239 . 33 FF.E i (CP.LLED 2 3 9. 3 0) TOP. 1" TRON ??OD FOUND FOR THE
SOUTHWEST CORNER AND "POINT of BEGINNING" of THE HEREIN
DESCRIBED TRACT;
THENCE NORTH 89047 ' 02" EAST (CALLED N 89047147" E - 208. 77)
ALONG THE SOUTH LINE OF THIS TRACT AND- AN INTERIOR LINE OF
THE 61. 74 ACRE TRACT A DISTANCE OF 208. 22 FEET TO A 1/2" IRON
ROD FOUND FOR THE SOUTHEAST CORNER;
THENCE NORTH 00012158" EAST (CALLED N 00014147" W - 208 . 71)
ALONG THE EAST LINE OF THIS TRACT AND AN INTERIOR LINE OF THE
64 . 71 ACRE TRACT A DISTANCE OF 208 . 75 FEET TO A 1/2" IRON ROD
FOUND FOR THE NORTHEAST CORNER;
THENCE SOUTH 89051 '34" WEST (CALLED S 89047 '47" W - 208 . 71)
ALONG THE NORTH LINE OF THIS TRACT AND AN INTERIOR LINE OF
THE 64 . 71 ACRE TRACT A DISTANCE OF 208 . 66 FEET TO A 1" IRON
ROD FOUND IN THE EAST LINE OF THE AFOREMENTIONED 32 ACRE
TRACT AND AN EXTERIOR CORNER OF THE 64 . 71 ACRE TRACT FOR THE
NORTHWEST CORNER;
THENCE SOUTH 00005145" WEST (CALLED S 00014147" W) ALONG THE
LINE BETWEEN THIS TRACT AND THE 32 ACRE TRACT A DISTANCE OF
207.45 FEET TO THE "POINT OF BEGINNING" AND CONTAINING 1. 0
ACRES OF LAND.
JOB NO. 374 .5
DMZRYLA. HENICKE JUNE 20, 1994
�':`L}fib\t�.t i+.rr.sr..atcey •s
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Page 2 -of Exhibit A
50 1 --05- 13')
FIELD NOTES ��
FIELD NOTES OF A 1. 00 ACRE TRACT OF LAND SITUATED IN THE
TALCOTT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY,
TEXAS AND BEING THE SAME 1. 00 ACRE TRACT DESCRIBED IN DEED TO
HUMBLE OIL AND REFINING COMPANY CALLED FIRST TRACT RECORDED
IN VOLUME 1525, PAGE 582 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 1. 00..-ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 1" IRON PIPE (WITH CAP STAMPED "COTTON
SURVEYING") FOUND IN THE NORTHERLY LINE OF INTERSTATE 10 FOR
THE SOUTHWEST CORNER of A 61. 74 ACRE TRACT CONVEYED TO RICE
TRUST, INC. RECORDED UNDER CLERK'S FILE NO. M-154865 OF THE
HARRIS COUNTY DEED RECORDS, BEING THE SOUTHEAST CORNER OF A
32 ACRE TRACT, MORE OR LESS, CONVEYED TO CHARLES H. COX;
THENCE NORTH 00014147" .EAST ALONG THE WEST LINE OF THE 61. 47
ACRE TRACT, THE WEST LINE OF THE SECOND TRACT RECORDED IN
VOLUME 1525, PAGE 582 AND THE EAST LINE OF THE 32 ACRE TRACT
A DISTANCE OF 2196. 92 FEET TO A 3/4" IRON ROD FOUND FOR THE
SOUTHWEST CORNER AND "POINT OF BEGINNING" OF THE HEREIN
DESCRIBED TRACT;
THENCE NORTH 89043108" EAST (CALLED N 89047147" E - 208 . 77)
ALONG THE SOUTH LINE OF THIS TRACT AND AN INTERIOR LINE OF
THE 61. 74 ACRE TRACT A DISTANCE OF 208.22 FEET TO A 1/2" IRON
ROD FOUND FOR THE SOUTHEAST CORNER;
THENCE NORTH 00019125" EAST (CALLED N 00015100" E - 208 . 71)
ALONG AN INTERIOR LINE OF SAID 64 . 71 ACRE TRACT A DISTANCE OF
209 . 12 FEET TO A 3/4" IRON ROD FOUND IN THE SOUTH LINE OF
JONES ROAD, A 60 FOOT UNDEVELOPED EASEMENT, FOR THE MOST
NORTHERLY NORTHWEST CORNER OF SAID 64. 71 ACRE TRACT AND THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED 1. 00 ACRE TRACT;
THENCE SOUTH 89037114" WEST (CALLED S 89043 ' E - 208.71)
ALONG THE SOUTH LINE OF JONES ROAD, AND THE NORTH LINE OF
THIS TRACT A DISTANCE OF 208 . 77 FEET TO A 2" IRON PIPE FOUND
FOR THE NORTHEAST CORNER OF THE AFOREMENTIONED 32 ACRE TRACT
FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE SOUTH 00016131" WEST (CALLED S 0001414711 W -- 208 . 71)
ALONG THE LTNE BETWEEN THIS TRACT AND THE 32 ACRE TRACT A
DISTANCE OF 207. 76 FEET TO THE "POINT OF BEGINNING" AND
CONTAINING 1. 0 ACRES OF LAND.
-G• L JOB NO. 374 . 5A
DARRYT G. HENICKE JUNE 20, 1994
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SK11113:T "Alt Tract V Page 5 of 5
PROP iD: 2j;•iR
32. 4523 Acres (or 1 . A13 ,624 square feet) of land
in the Taleot Patching Survey, A-620 , Harris County, Texas ,
and out of Block 15 of Highland Farms Subdivision, plat of
said subdivision being recorded in Volume 7, Page 60, Harris
County Map Records , and being all of Lots 9 . 10 , 11 and 12,
and parts of Lots 6. 7, 8 , 13 . 14 and 15 , of said Block 15 .
and being the same land described as "Tract V containing
1
32. 1045 acres" in Substitute Trustee ' s Deed recorded under C_I1
Harris County Clerk ' s File No. K523794 and K543151 . said
32. 4523 acres of land being more particularly described as r
follows : C_n
CD
BEGINNING at a SS" iron rod found at the northeast
corner of Lot 11 and the northeast corner of Block 15 , on
the south right-of-way line of Jones Road , 60 feet wide . at
this point an unimproved road and not open to traffic , from
which a found 2" iron pipe with cap bears North 780 59" East
1 .25 feet ;
THENCE South 00 05 ' 21" West with the east line of
Lots 11 and 12 and generally along a barbed wire fence
1266. 00 feet to a IV' iron rod found for corner at the south-
east corner of Lot 12 and the southeast corner of Block 15 ,
on the north right-of-way line of McNair Station Road , an
unimproved road and not open to traffic, from which a found
1" iron pipe three feet high bears North 3 .80 feet and East
0.90 foot ;
THENCE South 880 37' 52" West with the south line
of Lots 12 and 13 and with said north right-of-way line , at
475 . 48 feet pass a 3/4" iron rod found for reference . and
continue a total distance of 536.67 feet to a point for
corner at the intersection of Said line with the centerline
of Goose Creek;
THENCE in a northwesterly direction across Lots
13, 14, 15 , 8 , 7 and 6 , up said creek with the meanders of
its centerline , with the following three (3) courses and
distances ;
1 . North 270 22' 09" West 476.36 feet ,
2. North 540 35 ' 19" West 1199 . 98 feet ,
and 3 . North 400 02' 52" West 193 . 15 feet to a
point for corner at its intersection with the
north line of Lot 6 and the south right-of-way
line of Jones Road ;
THENCE North 890 36 ' 42" East with the north line
of Lots 6, 7 , 8 , 9 , 10 and 11 and with said south right-of-
way line , at 58 .07 feet pass a 15" iron rod found for refer-
ence , at 71 . 44 feet pd99 a 112" iron pipe found for refer-
ence , and continue a total distance of 1859 . 80 feet to the
PLACE OF BEGINNING.
a0" R a uW � 01
ni�RMM %W + V-Ua EA '
THE S i ATE OF TEXAS I
COUMTY OF HARRIS
I hereby certify�+that this insliumPnl *is
FIIEI)�n file Number
d duly RECORDED.in t and at he Otl+c a Pub!c stamped
dirol Reel Property d
Hants County.Texas on
NOV1 11992
EXHIBIT "B"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, Charles H.Cox(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 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;
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:
1. 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. 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 1
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 1
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) _AmbiQuities. 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) Headinas. 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.
0) Agreement Read. The parties acknowledge that they have read,understand and intend to
be bound by the terms and conditions of this Agreement.
(k) Authorily. The Owner covenants that he/shelit has the authority to enter into this
Agreement by virtue of being the owner of the Property. Additionally, the officers
Services Aggreemcnt,Page 2
executing this Agreement on behalf of the Owner hereby represent that such officers have
full authority{{�execute this Agre ment and to bind the party he/she represents.
Entered into lhis �dayof_ j�J_Q {�1( 202�.
CITY OF BAYTOWN
I
RICHARD . DAVIS,City Manager
ANGELA J SON,City Clerk 1
APPROVED AS TO FORM: +e`
L. HORNER,City Attorney
OWNER /
O'Li < � ��
Charles H. Cox z
STATE OF TEXAS §
COUNTY OF HARRIyS"'" §
Before me,CKyleb GX 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 `fCXa4 DIrlyerS r'.- 'sq—
(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 U day of gkk'!k : _ A"`t1
oAyw .
,�'y DANA H GAINER Notary Public,State of Texas
' Notary ID#1 2900 5 8 14
My[omtnlrslon Expires
or May 30,2o14
R KarenTiles,ComrsetsWolumary Annexation Agreement for ServicesTORMIServlces AgreementAm
Services Agreement,Page 3