Ordinance No. 15,144 ORDINANCE NO. 15,144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A PUBLIC SAFETY ZONE EASEMENT ABANDONMENT AND
CONVEYANCE AGREEMENT WITH THE PROPERTY OWNER;
AUTHORIZING THE ABANDONMENT AND CONVEYANCE OF AN
INTEREST IN A CURRENT PUBLIC SAFETY ZONE EASEMENT WHILE ALSO
ESTABLISHING A NEW PUBLIC SAFETY ZONE EASEMENT ON THE SAME
PROPERTY, LOCATED AT 4919 N. MAIN STREET, BAYTOWN, HARRIS
COUNTY, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, by instrument dated the 271h day of February, 2009 (Filing number 20090087137),
the previous owner of the property located at 4919 N. Main St. Baytown, Harris County, Texas, conveyed
a certain Public Safety Zone Easement to the City of Baytown, for fire, police and/or other authorized
emergency vehicles; and
WHEREAS, since the date of the conveyance, the property owner built a permanent structure
which impedes the previously conveyed easement; and
WHEREAS, the current property owner and the City of Baytown recognize the need to have a
clear Public Safety Zone Easement, and it is therefore necessary for the City of Baytown to abandon the
easement created in 2009 and, in consideration, the current owner to convey a new Public Safety Zone
Easement; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute a Public Safety Zone Easement Abandonment and Conveyance Agreement
(the "Agreement") with the Property owner. A copy of said Agreement is attached hereto as Exhibit "A"
and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the
abandonment and conveyance of an interest in a Public Safety Zone Easement created in 2009 on a
property located at 4919 N. Main Street, Baytown, Harris County, Texas, as more particularly described
in Exhibit"A" to the Agreement.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmat' vote of the City Council of the City of
Baytown this the 141h day of July, 2022.
�o�eNYTOW4, NDON CAPETILLO,Mayor
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ANGELA J CK ON, ity Clerk ' , ,�, . e
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SCOTT LENfd D, City Attorney
R:Karen Anderson`.ORDINANCES\2022\2022.07.14WbandonmentandConveyanceofEasement.docx
EXHIBIT "A"
STATE OF TEXAS §
COUNT OF HARRIS § KNOW ALL MEN BY THESE PRESENTS:
PUBUC SAFETY ZONE EASEMENT
ABANDONMENT AND CONVEYENCE
WHEREAS,by instrument dated 276 day of February,2009(Filing number 20090087137),the
previous owner of the property located at 4919 N.Main St. Baytown, Harris County,Texas,conveyed a
certain Public Safety Zone Easement to Grantee,City of Baytown,Texas,a municipal corporation in
Harris and Chambers Counties,Texas for fire,police and/or other authorized emergency vehicles.
WHEREAS,since the date of the conveyance,the property owner built a permanent structure
which impedes the previously conveyed easement.
WHEREAS,the current property owner and the City of Baytown recognize the need to have a
clear Public Safety Zone Easement, it is therefore necessary for the City of Baytown to abandon the
easement created in 2009 and, in consideration,the current owner to convey a new Public Safety Zone
Easement as further described in Exhibit"A"(Labeled"Easement 2").
CITY OF BAYTOWN acting by and through Richard L. Davis,its duly authorized City Manager,has
reviewed the attached Exhibit"A"and has no objection to the vacation/abandonment of the 24-foot-
wide Public Safety Easement shown on the attached Exhibit"A" (labeled as"Easement 1")and located
in Lot 1, BLK 1, Baytown Developer, LLC at 4919 N. Main St,Baytown and recorded in Harris County
under Volume 684,Page 755 in consideration for the following conveyance.
TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights
and appurtenances thereto in any wise belonging,together with the rights of ingress and egress to and
from said easement for the purpose of access to the improvements adjacent to the property described
in Exhibit"A" for fire,police and/or other authorized emergency vehicles or purposes, unto GRANTEE,
CITY OF BAYTOWN,its successors and assigns forever.
GRANTOR agrees to maintain the property dedicated herein so as to conform with the
requirements contained in Section 94-186 of the Code of Ordinances, Baytown Texas,and as hereinafter
amended,for the exclusive use of fire,police and/or other authorized emergency vehicles as a Public
Safety Zone as defined in Chapter 94 of the Code of Ordinances.
GRANTOR agrees to b;nd himself,his successors and assigns to WARRANT and FOREVER
DEFEND,the said property unto the said GRANTEE,CITY OF BAYTOWN, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
1
Signed this the _day of .2022.
GRANTOR: GRANTEE,CITY OF BAYTOWN:
�4
rg�
ignature)Registered Agent RICHARD L. DAVIS,CITY MANAGER
Baytown Developer LLC
(Printed Name)
2
STATE OF TEXAS §
COUNTY OF HARRIS
This instrument was acknowledged before me on this the 11�!day of �4 ,2022,by
7'► F� �i�t � 21 , Registered Agent for Baytown Developer LLC and in the capacity therein stated.
* N 19.9 Notary Public,State of Texas
December 14,21W ((��/I , !
My Commission expires: f'L `� i
24 L5
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the day of .2022,
by RICHARD L DAVIS,City Manager of the City of Baytown,on behalf of the City and in the capacity
therein stated.
Notary Public,State of Texas
My Commission expires:
RETURN TO GRANTEE:
City of Baytown
Office of the City Clerk
P.O. Box 424
Baytown,TX 77522-0424
3
EXHIBIT "A"
Z=i
ACTION SURVEYING
M"FING AND ENVIRONMENTAL CONSULTING
10210FUQUA
HOUSTON,TX 77089
713 9418600
www.actionsurveying.com
FIELD NOTES FOR
FIRE LANE EASEMENT
OUT OF A PORTION OF LOT 1,BLOCK I
BAYTOWN DEVELOPER LLC MINOR REPLAT
VOLUME 684,PAGE 755
MAP RECORDS HARRIS COUNTY
EASEMENT 1
EXPLANATION:A Fire Lane Easement.
Being a strip of land,24.00 feet wide, 12.00 feet on both sides of the following described
centerline:
Being a portion of Lot 1,Block I of the Baytown Developer LLC Minor a subdivision in Harris
County,Texas according to the map or plat thereof recorded in Volume 684,Page 755 Map
Records of Hams County,Texas,further described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found in the westerly right-of-way line Main Street
(90.00 wide)for the southeast corner of said Lot 1 and the northeast corner of that certain 0.92
acre tract of land as described in County Clerk's File No.(C.C.F.N.)Z026353,Harris County
Texas;
THENCE NORTH 0201 POO"EAST along the easterly line of said Lot 1 and the westerly right-
of-way line of said Main Street, 147.55 feet to the POINT OF BEGINNING;
THENCE over and across said Lot 1,the following six(6)calls:
(1)SOUTH 87-49'00"WEST,67.50 feet;(2)NORTH 02*1 POO"WEST,68.00 feet;
(3)SOUTH 87°49'00"WEST,91.00 feet;(4)SOUTH 02*1 POO"EAST, 11.00 feet to a point
hereafter referred to as POINT`A',and continuing for a total distance of 178.75 feet;
(5)NORTH 87-49'00"EAST,91.00 feet;(6)NORTH 02D1 P00"WEST, 110.75 feet to the
POINT OF ENDING,containing 0.328 acres(14,271.00 square feet)of land more or less.
The sidelines of this strip of land are to be lengthened or shortened as to intersect the westerly
Right-of-Way line of said Main Street at a ninety-degree angle.
EASEMENT 2
EXPLANATION:A Fire Lane Easement.
Being a strip of land,24.00 feet wide, 12.00 feet on both sides of the following described
centerline:
Being a portion of Lot 1,Block 1 of the Baytown Developer LLC Minor a subdivision in Harris
County,Texas according to the map or plat thereof recorded in Volume 684,Page 755 Map
Records of Harris County,Texas,further described by metes and bounds as follows:
BEGINNING at the aforementioned Point`A',THENCE SOUTH 87049'00"WEST,80.00
feet to the POINT OF ENDING,containing 0.044 acres(1,920.00 square feet)of land more or
less.
See plat of survey made under my Seal and Dated May 11,2022
(�•OF•.r
o cr y BENJAPAN JAUMA
f`:� 6417 `s`�
BEN AMIN AUMA 9�4°!�Fss�° y�
1 1 1 p � JOB No.:12079
RPLS 6417 $ua� TX FIRM:10133600
DATE 5/11/22
PAGE 2 OF 2
0.8586 ACRES
FRED AND NISHA DITTMAN
C.C.F.N.RP2016-602333
HARRIS COUNTY TEXAS
N 87°04'45"E-141.29-
RESTRICTED
RESERVE'A' m
N 87°45'57"E-99.78' _
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1i: G BELLVIEW ACRES SUBDIVISION I �/� CONCRETE
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0.92 ACRES
J.DAVID MCCARTNEY
C.C.F.N.Z0263S3
4RRIS COUNTY TEXAS
LEGEND:
M R.H.0 - MAP RECORDS
HARRIS COUNTY
C.C.F.N. COUNTY CLERK'S
FILE NUMBER
_—
P,O C. -POINT OF COMMENCEMENT �_1 OF •�.
RO8 -POINT OF BEGINNING AV_
-EASEMENT LINE OS 121 -
JA
....:............................
fl" T2- BENJAMIN UMA NOTES:
L! EASEMENT AREA
--'.0 6417 P.7 A- 1.All bearings d stances and coordinates are referenced to the
SCALE:1 50' 9'to0,'O
recorded ed subdivision plat unless otne se-oted
vL.ps S• ,1 �i
0' 25' 50' S V Rv 2.Flood information is based on the National Flood Insurance
Program's Flood Insurance Rate Map for Harns County and the
ACTION SURVEYING recorded plat for th s Subdivs,on
10210 FUOUA This is to certify that,I have on this date made a careful and 3.This survey is not transferable to add tonal institutions or
HOUSTON,TEXAS 77089 accurate survey on the ground of the subject property. subsequent owners and if val d for this transaction only
713-941-8600 The plat herein is correct and an accurate representation of the property
TX FIRM:10133600 lines and dimensions area as indicated and except as shown there are 4.The surveyor has not abstracted the property.
Ww W .actlonsurveying.com no visible and appare achmenb or protrusions on the ground.
5.AA easements and build rig tines shown hereon are per the
REVISIONS recorded plat unless othervnse noted
8.There are no natural drainage courses on subject property
DRAWN BY SW PROJ,MGR,8J 0,
DATE 04/05/17 Benjamin J.Jauma 7.Use of this survey by ary tither parties andlor for other purposes
JOB#:11063 SHEET 1 OF 2 Registered Professional Land Surveyor shall be at the users own nsk and any loss resulting from other uses
Re istration No.6417 shall not be the responsibility of Action Surveying
FlIENN.�E+1I0aJON01115]O aNAMELNIOU EXX®T.ONO 9