1106o 1 V

you 279 PG706

ORDINANCE NO. 97

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF THREE CERTAIN TRACTS OF 4.0 AND 2.5205 AND 17.651 ACRES KNOWN AS THE ROSE PROPERTY, HEREINAFTER MORE SPECIFICALLY DESCRIBED, TO THE CITY OF PATTISON, TEXAS FOR ALL MUNICIPAL PURPOSES; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE INHABITANTS THEREOF, IF ANY, SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Pattison, Texas is a General Law municipality as defined by the Texas Local Government Code; and

WHEREAS, Chapter 43 of the Texas Local Government Code, V.T.C.A., authorizes municipalities to annex adjacent territory in accordance with the procedures provided for therein; and

WHEREAS, the City received a petition for annexation from, J .L. and Bessie Rose the owners of one certain tract of 4.0 and 2.5205 and the 17.651 acres known as the Rose Property as more fully described hereafter; and

WHEREAS, notice of the appropriate public hearings was published in a newspaper having general circulation in the City of Pattison, Texas and the public hearings were conducted and held in accordance with applicable law; and

WHEREAS, the City of Pattison, Texas prepared a service plan for the extension of municipal services into the area to be annexed, said service plan being attached hereto as Exhibit "A" and incorporated herein for all purposes;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PATTISON, TEXAS:

Section 1. That the hereinafter described tract of land is within the extraterritorial jurisdiction of, and is adjacent to and contiguous to the present corporate limits of the City of Pattison, Texas, be, the same is hereby annexed to the City of Pattison, Texas for all municipal purposes and the corporate lines and limits of the City of Pattison, Texas are hereby extended to embrace the said tract of land, which is more particularly described as follows:

volt 279 PG707 A certain 4.0 acre tract of land in the E.H. Landrum Survey, Abstract No. 271, being the same tract described in deed dated January 12, 1937 from Ben Evans et al to Louis Sturm, Jr. and is recorded in Vol. 71, page 3 of the deed records of Waller County Texas.

A certain 2.5205 acre tract of land situated in the W. H. Landrum Survey, A.- 214, Waller County Texas and being the South of a certain 5.0 acre tract of land conveyed in a correction deed to Louis Sturm as recorded in Vol. 197, page 101, Deed records of Waller County Texas.

A certain 17.651 Acre tract of land situated in the J.H. Bell Survey Abstract 73, Wailer County Texas being the South of a certain 34.0 acre tract of land conveyed to Louis Sturm as recorded in Vol. 190, page 605, Deed record of Waller County Texas.

Section 2. That the inhabitants, if any, of the property hereby annexed to the City of Pattison, Texas shall be entitled to all the rights and privileges of said citizens of the City of Pattison, Texas, and shall be bound by the acts, ordinances, codes, resolutions and regulations of the City of Pattison, Texas.

Section 3. That Service Plan which is attached hereto as Exhibit "A" is hereby approved and incorporated herein as part of this Ordinance for all purposes.

Section 4. That the official map and boundaries of the City of Pattison, Texas, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Pattison, Texas.

Section 5. That the Mayor is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City of Pattison, Texas to add the territory hereby annexed as required by law.

Section 6. That this Ordinance shall become effective after its passage.

Section 7. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk, and to perform all other acts necessary to notify the appropriate entities of the City's annexation of territory by this Ordinance.

Section 8. If any section, subsection, sentence, phrase, word, paragraph or provision of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City of Pattison, Texas, for any reason whatsoever, the adjudication shall not affect any other section, subsection, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, subsection, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and as to this end the provisions of this Ordinance are declared to be severable.

2

volt 279 P6708

Section 9. That the meeting at which this Ordinance was enacted was open to the public as required by the Texas Open Meetings Act, and that notice of the time, place, and subject matter of the meeting was given as required by the Texas Open Meetings Act.

PASSED, APPROVED and ADOPTED by the City Council of the City of Pattison, Texas on this 8th day of November, 2011.

Bill Matthews, Mayor City of Pattison, Texas

ATTEST:

Lynda Fairchild, City Secretary City of Pattison, Texas

State of TP,V.,C)5

County of (,■:4 Hey

OnNoutfrylbey )0 ,2011, UCe4-44.._LOS and Yrt_01 personally came before me and, being dul sworn, did state that he o she is the person described in the above document and that ed the above document in my presence as a free and voluntary act for the

ERIKA PINA Notary Signature

Notary Public, In and for the County of State of -t---,ey,0,5

My commission expires: 1 - °1

NOTARy Public, STATE Of TEXAS

My COMMISSION EXpiRES 01-05-20 1 2

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3

EXHIBIT "A" you 279 P6709 TO ORDINANCE NO. 97

ANNEXATION SERVICE PLAN FOR A TRACT OF 4.0 AND THE 2.5205 AND THE 17.651 ACRES, MORE OR LESS,

ROSE PROPERTY

FOR SERVICES ON ME EFFECTIVE DATE OF ANNEXATION:

1. POLICE PROTECTION

The City of Paulson, Texas does not have a police department. Law enforcement will be provided by the Waller County sheriff's office at the same or similar level of service now being provided to other areas of the City of Pattison, Texas, with similar topography, land use and population within the newly annexed area.

2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES

The City of Pattison, Texas, is presently serviced by the Pattison Area Volunteer Fire Department, which will provide fire protection services to the newly annexed tract at the same or similar level of service now being provided to other areas of the City of Pattison, Texas, with similar topography, land use and population within the City. At the present time, emergency medical services are provided in this area by the Brookshire-Pattison Ambulance service.

3. SOLID WASTE COLLECTION

At the present time the City of Pattison, Texas, does not furnish solid waste and refuse service within the city limits of the City of Pattison, Texas.

4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES

The City of Pattison does not provide water or wastewater services or facilities in the City and no such service is expected to be required in the area (cemetery) to be annexed.

5. MAINTENANCE OF ROADS AND STREETS

The City Council of the City of Pattison, Texas, is not aware of the existence of any roads or streets now located in the area proposed for annexation. In the event any such roads or streets do exist and are public facilities owned by or dedicated to the City of Pattison, Texas, the City will maintain such areas to the same extent and degree that it maintains roads and streets and other similar facilities of the City of Pattison, Texas. Any and all roads or streets which have been dedicated to and accepted by the City of Pattison, Texas, or which are owned by the City of Pattison, Texas, shall be maintained to the same degree and extent that other roads and streets are maintained in areas with similar topography, land use and population density. Any and all lighting of road and streets which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Pattison, Texas, pursuant to the rules, regulations and fees of such utility.

6. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS

1

The City Council of the City of Pattison, Texas, is not aware of the existence of any parks, playgrounds or public swimming pools now located in the area proposed for annexation. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City ofPattison, Texas, will maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar areas of the City now incorporated in the City of Pattison, Texas.

7. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY, BUILDING OR MUNICIPAL SERVICE

The City Council of the City of Pattison, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the area proposed for annexation. In the event any such publicly owned facility, building or municipal service does exist and are public facilities, the City of Pattison, Texas, will maintain such areas to the same extent and degree that it maintains publicly owned facilities, buildings or municipal services of the City now incorporated in the City of Pattison, Texas.

CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2-1/2 YEARS:

1. POLICE PROTECTION, FIRE PROTECTION & SOLID WASTE COLLECTION

The City Council of the City of Pattison, Texas, finds and determines it to be unnecessary to acquire or construct any capital improvement within 2-1/2 years of the effective date of the annexation of the particular annexed area for the purposes of providing police protection, fire protection or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Pattison, Texas, with the same or similar topography, land use and population density.

2. WATER AND WASTEWATER FACILITIES

During the next 2-'A years the City Council of the City of Pattison, Texas, does not anticipate that any water or wastewater mains for points of connection for serviceable extensions to provide water and wastewater service will be necessary within the area to be annexed, but if such need arises the City will provide such facilities pursuant to the City's standard water extension policies now in existence.

3. ROADS AND STREETS

Maintenance of properly dedicated roads and streets will be consistent with the maintenance provided by the City to other roads and streets in areas of similar topography, land use and development of the annexed property.

4. MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS, AND THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY, BUILDING OR SERVICE

To the extent that it becomes necessary because of development demands, population growth, and a bona fide need, the City Council of the City of Pattison, Texas, will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and

2.

ERIKA PINA NOTARy Public, STATE of TEXAS

ISSION EXpiRES

01,09-2012

. 'population density. VOLT 279 PG7 I I SPECIFIC FINDINGS

The City Council of the City of Pattison, Texas, finds and determines that this proposed Service Plan will not provide any fewer services, and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process.

Furthermore, the City Council of the City of Pattison, Texas, finds and determines the nature of the area is characteristically different from other developed areas within the corporate limits of the City of Pattison, Texas. Consequently, because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided other areas of the City of Pattison, Texas. These differences are specifically dictated because of differing characteristics of the property and the City of Pattison, Texas, will undertake to perform consistent with this service plan so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Pattison, Texas, who reside in areas of similar topography, land utilization and population.

APPROVED on this the 8 th day of November, 2011.

CITY OF PATTISON, TEXAS

ATTEST:

Lynda Fairchild, City Secretary

INDIVIDUAL ACKNOWLEDGMENT

State of Texas County of Waller

0440 Mkt 2011, 6111 MQ u S and LfiTcriP rot" r dii Id rn personally came before me and, being duly sworn, did state that he or s

i is the person described in

the above document and that above document in my presence as a free and voluntary act for the pu

Notary Signature

1)0,tkAef-- Notary Public, In and for the County of State of t f2A44S

My commission expires:

3.

veil 279 PG712

TiCt.1054Dt , r 619 706411 GENERAL WARRANTY DEED

DATE: November 24, 1992

GRANTOR: Evelyn Sturm, individually Evelyn -Sturm as Independent Executrix for the Estate of Louis H, Sturm

GRANTOR'S MAILING ADDRESS (INCLUDING COUNTY):

Rt. 1, Box 7 Brookshire, TX 77423 Waller County

GRANTEE: Bessie Ann Sturm Rose

GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY):

Rt. 1, Box 7 Brookshire, Texas 77423 Waller County

CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration

PROPERTY (INCLUDING ANY IMPROVEMENTS):

A 4-acre tract of land in the E. H. Landrum Sruvey, Abstract No. 271, being the same tract described in deed dated January 12, 1937 from Ben Evans et al to Louis Sturm, Jr. and is recorded in Volume 71, Page 3 of the Deed records of Waller County, Texas.

RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:

This conveyance is made subject to all restrictions, easements and mineral reservations, if any, of record in Waller County, Texas.

Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns; forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to

C:\Realest\2046

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE

COFFEY 5629 FM 19 HOUSTON,

UITE 300 770

Yell 279 P67 13 11;;:i05-4” ,- 620

• .1.•1

claim the- dame'Or'any'part thereof, except as to the reservations from and exceptions to conveyance and warranty.

When the context requires, singular nouns and pronouns include the plural.

EVELYN STURji, individually and as Independent Executrix of the Estate of Louis H. Sturm

THE STATE OF TEXAS

COUNTY OF HARRIS

This instrument was acknowledged before me on the 24th day of

November, 1992, by EVELYN STURM.

ck fiLevnich cc,c,a) Notary Public, State of Texas

(Notary Stamp with Seal)

DE5ORM F. KACHACA

1-kl. NOTARY PUSLIC State of Texas

Ccmm. Exp. 09-23-96

PREPARED BY AND RETURN TO:

ii‘ cloP le 4.06 1°C-f, 2-61 Ffil 110 0 W

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C:\Realest\2046 2

14. 2010 2:19PM BOTTS ABSTRACT CO,

MO. WI 2P 7 9P67 14 vou 205 PGI 34

EXIMIT "A" Page 1 of 2

acre tract of land Alt3iated in the , A-214; Waller County, Texas, being

n 5.0 acre tract of land conveyed to Louis Sturm as recorded, in 17b11,1oe cords of Waller_Cs4nnty, Texas, which

s of land but not surveyed by me, ws: /Elf% iron rod for. the S. E. corner tract for the S- corner of this e of Sturm Road; ong the South line of the said S.0 th line of this-t'r'act, 622.22 reet, on rod for the S. W. Corner Of

corner of t11.1,-29 r7Act; 1' W along the West line of the said e West line of.this tract, 187.04 od set for the V. W. corner of this

ong the North line of this tract, ' t to a. 5/B" iron rod set in the.said. ad fbr the N. E. corner of this tract esaid.5.0 arre tract;

long-the East line of the said 5.0

pact.!=n?.the West Lane of $tatm.Rn4d,

ated and divIlded.by John F. Brewster, eyer No. 1952 froze a survey made .

istered.Public.Smrveyor No. 511,

INCO2DER'S 11E1110eANDIM AN a parts ot IN text on It* Page vas not cleany legible for sottatoctoly tecotdobon.

RECORDER'S MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation.

TRACT NO. 1 • •

. A certain 2,520 W. B. T.,andrum Surve the SOUTH 1/2 of a c in a. Correction Pee 197, Page 101, Deed • calculated 5.041'ac

.as des&ribed ez foll BEGTNNING at; a

of the said 5.0 acre tract in the We4 Li

THENCR: West acre tract of t.1* S by Deed, to a 5A" i said 5.0 acre .tract,

THtNCE:• N 3.0 acre tract for feet to a 5/3" iron tract; • ,

THENCE'i 'Eare 710.55 calculateg f West line of Sturp

TEMNCE: acre tract and tlyis 164.87 feet to tie acres of land as. cE Registered PubliC S by' W. D. -Kennedy, August 16, 1965.

Int of Beginning containing 2-5205

%."14. 2010 ,2 f;1'9PM 7 (‘ BOTTSrABSTRACT CO, NO.6452 P. 9/9 VOL I 279 PG7 I5

YOU 205 PG1 35 EXELWIT tA",

Page 2 of 2

TRACT NO 2

.- A certain 17.6 J. EL Ben. Snrvei, r SOt71 1/2 of a . cert to Louis Sturm ''a8, r Records of Waller T acre8 Of land, bnt. follows; :

BEGINNING ax tract 'ter the,SoU* East. line of the' s ' ' • TEENCE: 34.0•acre tract 'far feat to a 5/8" iron tract;

acre tract of, land situated In the 73, Weller County, Texas, being the

COrgfir;:::Wf ;= . 237eI2d ty, Texas, which calculated 35.302

•t surveyed by me, as described'as

South. corner of the said 34.0 acre orner of this_tract lying in the J. H. Bell Survey; .- along the S. W. line'of the said e'S. W. line Of thiS . tract, 1783.63

od ,set for. the West corner of_, this

THENCE; N 51° 07' 59" E along the N. W. line t) this tract, 902.15 calculated feet to the North.porner

this tract, the S. W. corner of a:.certain12.5205 acre .tract, zmd.the N. W- cornet of another 2.5205.acre tract

: - lying in the std East line- of the 0'. R. Bell survey; • TREVCZ: S 26° 24' 15" E along the calculated Mast

hearing of, the East line of the said 34-0 acre tract, .for closure purposes, for the .Mast line of this tract ':and the East line of the said J. 13.-Bell Survey, 1745.62 •.feet to the Point of Beginning containing, 17.6 51 acres

' of land as calcUlated and divided by John P. Brewster, Registered PublIc'Surveyor No. 152 trace survey Made by County Surveyor C. E. Urban, March 16, 1936. - -

tic0toirs Ai a path of the WI on the poor was not clearly *Ole to 1011$10C1011 Hicadalio4.

RECORDER'S MEMORANDUM AU or parts of the text on this page was not clearly legible for satisfactory recordation.