Ordinance No. 15,720 ORDINANCE NO. 15,720 '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT, RELEASE, AND
CONVEYANCE OF AN INTEREST IN DRAINAGE AND SEWER EASEMENT ON
THE PROPERTY COMMONLY KNOWN AS 2001 GARTH ROAD, BAYTOWN,
HARRIS COUNTY, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, by Harris County Clerk Real Property instrument number 1380624, the previous
owner of the property known as 2001 Garth Road, Baytown, Harris County, Texas, conveyed a drainage
and sewer easement to the City of Baytown; and
WHEREAS, the City Council of the City of Baytown,acting pursuant to law and upon the request
and petition of Ferguson Baytown, LLC, a Texas limited liability company, hereinafter referred to as
TRANSFEREE, deems it advisable to abandon and quitclaim, the hereinafter described tract of land to
TRANSFEREE, and is of the opinion that, subject to the terms and conditions herein provided, said
easements are not needed for public use,and same should be abandoned and quitclaimed to TRANSFEREE,
as hereinafter stated; and
WHEREAS, the City Council of the City of Baytown is of the opinion that the best interest and
welfare of the public will be served by abandoning and quitclaiming the same to TRANSFEREE for the
consideration and subject to the terms and conditions hereinafter more fully set forth;Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the tract of land described in Exhibit"A", which is attached hereto and made
a part hereof for all purposes, be and the same is abandoned, vacated and closed insofar as the right,
title and interest of the public are concerned.
Section 2: That for and in monetary consideration of the sum of THREE HUNDRED
DOLLARS ($300.00) paid by TRANSFEREE, and the further consideration described in Sections 3
through 6, the City of Baytown does by these presents QUITCLAIM unto the said TRANSFEREE,
subject to the conditions, reservations and exceptions hereinafter made and with the restrictions and
upon the covenants below stated, all of its right, title and interest in and to the certain tract(s) of land
hereinabove described in Exhibit "A" as follows: UNTO FERGUSON BAYTOWN, LLC, all of its
right,title and interest in Tract I of Exhibit"A".TO HAVE AND TO HOLD all of such right,title and
interest in and to the property and premises, subject aforesaid,together with all and singular the rights,
privileges, hereditaments and appurtenances thereto in any manner belonging unto the said
TRANSFEREE.
Section 3: That the abandonment and quitclaim provided for herein are made subject to all
present zoning and deed restrictions, if the latter exist,and are subject to all existing easement rights of
others, if any,whether apparent or non-apparent, aerial, surface,underground or otherwise.
Section 4: That the terms and conditions contained in this ordinance shall be binding upon
TRANSFEREE, its their heir successors and assigns.
Section 5:That the abandonment and quitclaim provided for herein shall extend only to the
public right, title, easement and interest, and shall be construed to extend only to that interest the
Governing Body of the City of Baytown may legally and lawfully abandon and vacate.
Section 6: That as a condition of this abandonment and as a part of the consideration for the
quitclaim to TRANSFEREE herein,TRANSFEREE, its/their heir successors and assigns,to the extent
allowed by law, agree to indemnify, defend, release and hold harmless the City of Baytown as to any
and all claims for damages, fines,penalties,costs or expenses to persons or property that may arise out
of, or be occasioned by or from: (i) the use and occupancy of the area described in Exhibit "A" by
TRANSFEREE, its:their heir successors and assigns; (ii)the presence,generation, spillage,discharge,
release,treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit
"A"; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the
area described in Exhibit "A", which TRANSFEREE, its/their heir successors and assigns, agree to
undertake and complete in accordance with applicable federal,state and local laws and regulations; and
(iv) the abandonment, closing, vacation and quitclaim by the City of Baytown of the area set out in
Exhibit"A". TRANSFEREE, its:'their heir successors and assigns, hereby agree to defend any and all
suits,claims,or causes of action brought against the City of Baytown on account of same,and discharge
any judgment or judgments that may be rendered against the City of Baytown in connection therewith.
For purposes hereof, "Hazardous Substance" means the following: (a) any "hazardous substances"
under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.
Section 9601 et seq., as amended; (b) any "hazardous substance" under the Texas Hazardous
Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as
amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents
thereof or additives thereto), including without limitation, fuel and lubricating oils; (d)any"hazardous
chemicals"or"toxic chemicals"under the Occupational Safety and Health Act, 29 U.S.C. Section 651
et seq.,as amended; (e)any"hazardous waste"under the Resource Conservation and Recovery Act,42
U.S.C. Section 6901 et seq., as amended; and(0 any"chemical substance"under the Toxic Substance
Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications
in this definition include all past and future amendments thereto, as well as applicable rules and
regulations as now or hereafter promulgated thereunder.
Section 7:That the City Clerk is hereby authorized and directed to certify a copy of this ordinance
for recordation in the official real property records of the county in which the abandonment area is located,
which certified copy shall be delivered to the Director of Department of Public Works and Engineering, or
designee.
Section 8:Upon receipt of the monetary consideration set forth in Section 1;which TRANSFEREE
shall likewise tender to the City Clerk or designee: (i) shall deliver to TRANSFEREE a certified copy of
this ordinance,and(ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to
the area abandoned herein to TRANSFEREE hereunder, same to be executed by the Mayor on behalf of
the City of Baytown, attested by the City Clerk and approved as to form by the City Attorney.
Section 9: 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 affirmative vote of the City Council of the City of
Baytown this the 8"'day of February, 2024.
_ U
�OTO'W LA RA ALVARADO, Mayor Pro Tern
lC-S Q,O.tl.pOtlOoe Tn
EST: ; O
L1 �
ANGELW JACKS t oC1'rk
ROVED AS TO O
TT L M ,City Attorney
R:Nance Hinds'+Ordinances\2024 2024.02.08,Abandonment Ordinance 2001 Garth Road.docx
EXHIBIT "A"
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VOL. 382. PG. 80 H.C.M.R
Line Table
No. Bearing Length OF T
_ F
U S89-40'43"W 160.24' � G\
L2S89'40'43"W 5.01' ..............
HAL MOYER
L3 NO3'27.06"W 161.92' .
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L4 N86'32'54"E 5.00' !9�FSU 1
LS S0327'06"E 162.19'
HAROLD -. MOYER -
REG STERED PROFESS ONAL LAND SURVEYOR
TEXAS REGSTRA--ON NO. 5556
DATE: AUGUST 23, 2023
NOTES: EXHIBIT FOR ABANDONMENT OF A
1. PROPERTY LINES HAVE BEEN ESTABLISHED BASED UPON FOUND 0.0186 ACRE(810 SQ.FT 1 DRAINAGE EASEMENT
MONUMENTS, MEASUREMENTS,AND EVIDENCE OBTAINED IN THE FIELD, A. BAYTOWN S E
ALONG WITH RECORDS AS PROVIDED BY THE CLIENT.
2. ABSTRACT LINES AND INFORMATION SHOWN ARE BASED ON AVAILABLE F C NO 382080 M.R.H.C.T.
RECORDS. INCLUDING GENERAL LAND OFFICE (GLO)MAPS. HARVEY WHITING SURVEY.A 840,CITY OF BAYTOWN.
3. BASIS OF BEARINGS IS GRID NORTH, NAD '83, TEXAS COORDINATE
SYSTEM, SOUTH CENTRAL ZONE. HARRIS COUNTY
4. THIS PLAT PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT OR
ABSTRACT OF TITLE; THERE MAY BE ADDITIONAL EASEMENTS THAT ARE
NOT SHOWN HEREON. LANDPOINT
5. SURVEY BASED UPON CONTROLLING DATA AS SHOWN OR AS FURTHER
NOTED ON THIS PLAT.
D11N.BY: DATE: 1311 BROADFIELD BLVD. SUITE 275
M.cox 23 HOUSTON, TX 77084
CHK.BY: DATE'
HA1 TX FIRM NO. 10194220
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FIELDED BY: DATE: PHONE: 800 348-5254
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NO. REVISION DESCRIPTION BY DATE. CHKD "PI) JOB M: CALE: SHEI1
22-2324 1' - 60' 1 #