Ordinance No. 16,222 ORDINANCE NO. 16,222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE
CITY'S INTEREST IN A 0.1722 ACRE TRACT OF LAND SITUATED IN
THE WHITNEY BRITTON SURVEY ABSTRACT NO. 118, HARRIS
COUNTY, TEXAS, AND BEING A PORTION OF CASEY AVENUE (50
FOOT UNIMPROVED RIGHT OF WAY), OUT OF AND A PART OF LOT 12,
BLOCK 1 OF CASEY ADDITION IN HARRIS COUNTY, TEXAS, TO
KELEASE PROPERTIES 8, LLC CONTINGENT UPON THE RECEIPT OF
CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR
TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF
CONSIDERATION FOR THE ABANDONMENT AND EXECUTE A
RELEASE AND INDEMNIFICATION AGREEMENT IN FAVOR OF THE
CITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Kelease Properties 8, LLC (the "Petitioner") has petitioned the City for the
abandonment of a 0.1722 acre tract of land situated in the Whitney Britton Survey Abstract No.
118, Harris County, Texas, and being a portion of Casey Avenue (50-foot unimproved right of
way), out of and a part of Lot 12, Block I of Casey Addition in Harris County, Texas; and
WHEREAS, the Petitioner has notified adjoining landowner(s) and received releases
from utility companies releasing their interests in the right-of-way subject to the abandonment
petition; and
WHEREAS, the right-of-way, subject to the petition for abandonment referenced herein,
is no longer necessary for the City; and
WHEREAS, contingent upon the receipt of(i) payment as detailed below and as required
in Section 2-767 of the Code of Ordinances, Baytown, Texas, from Kelease Properties 8, LLC,
the City is willing to abandon the above-referenced right-of-way; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That contingent upon the receipt of the consideration detailed in Section 2,
the City Council of the City of Baytown, Texas, hereby authorizes the abandonment of its
interests in a 0.1722 acre tract of land situated in the Whitney Britton Survey Abstract No. 118,
Harris County, Texas, and being a part of and being a portion of Casey Avenue (50-foot
unimproved right of way), out of and a part of Lot 12, Block I of Casey Addition in Harris
County, Texas, as more particularly described in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the
fair market value of the right-of-way described in Section l hereof is THIRTY-SEVEN
THOUSAND FIVE HUNDRED AND NO 100 DOLLARS ($37,500.00).
Section 3: That upon the satisfaction of the contingency referenced in Section 1
hereof, the Mayor is hereby granted the general authority to execute a quitclaim deed to the
Petitioner and a Release and Indemnity Agreement in favor of the City, attached hereto as
Exhibit "B" and incorporated herein for all intents and purposes.
Section 4: 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 affirma 've vote of the City Council of the
City of Baytown this the 281h day of August, 2025. f
�"C;o
CITARLES SON, Mayor
A E
V � o
ANGEL -A iCK .alb, Cit;r-derk
APPROVED A. TO�iFORM:
SCOTT LEMOND, City Attorney
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R-.Ordinances and Resolutions Ordinance Dralls'2025-08-28 Authorizing Abandonmentof Cedar Bayou Rd ROW to Kelease Property 8.
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LEGAL DESCRIPTION 0.1722 ACRES F-
WHITNEY BRITTON SURVEY, ABSTRACT NO. 118
HARRIS COUNTY, TEXAS IRF
BEING A TRACT OR PARCEL CONTAINING 0.1722 OF AN ACRE (7,500 SQUARE FEET) OF LAND, SITUATED IN THE CIR`.
WHITNEY BRI70N SURVEY, ABSTRACT NO. 118, HARRIS COUNTY, TEXAS, BEING A PORTION OF CASEY AVENUE F.I.F
(50 FOOT UNIMPROVED RIGHT OF WAY) ACCORDING TO THE MAP OR PLAT OF CASEY ADDITION TO GOOSE POE
CREEK RECORDED IN VOLUME 532, PAGE 27 OF THE DEED RECORDS OF HARRIS COUNTY, SAID 0.1722 OF AN
ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. THE BEARINGS SHOWN
HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83: NOTES:
8 INCH CAPPED IRON ROD STAMPED WELLS 5742 SET IN THE WEST RIGHT OF WAY LINE OF 1. THE BEARINGS SHOWN
BEGINNING AT A 5
/ COORDINATE SYSTEM, SOOUTHUTH C C
MCKINNEY ROAD (60 FOOT RIGHT OF WAY) FOR THE SOUTHEAST CORNER OF LOT 12, BLOCK 1 OF SAID CASEY 2. THIS SURVEY WAS PERFORMED
ADDITION, AND BEING THE NORTHEAST CORNER OF SAID CASEY AVENUE AND THE HEREIN DESCRIBED TRACT, CERTAIN EASEMENTS AND/OR
HAVING TEXAS STATE PLANE NAD 83, SOUTH CENTRAL ZONE COORDINATES OF NORTH 13842802.96 AND EAST WHICH ARE NOT REFLECTED HE
3256187,48; FACTS THAT MAY BE DISCLOSE
3. NOTHING IN THIS SURVEY IS IT
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EXHIBIT "B"
RELEASE AND INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, Kelease Properties 8, LLC (the "Petitio r") has filed with the City of Baytown(the
"City") a petition for the abandonment of the right-of-way �a portion of Cedar Bayou Road, as more
particularly described in Exhibit "A" which is attached hereto and incorporated herein for all intents and
purposes(collectively the "Abandoned Property"); and
WHEREAS,the Petitioner is the sole owner of propery adjacent to the Abandoned Property;and
WHEREAS, the Petitioner has asked that the City coynvey the Abandoned Property to it for the
value of THIRTY-SEVEN THOUSAND FIVE HUNDRED XD NO/100 DOLLARS ($37,500); and
WHEREAS,the City is willing to so convey the Aban-,oned Property in the manner desired subject
to the terms and conditions set forth herein and in the ordinan-e whereby the City Council consents to the
abandonment; NOW THEREFORE,
FOR GOOD AND VALUABLE CONSIDERATIO!1, the receipt and sufficiency of which are
hereby acknowledged,the Petitioner hereby agrees as follows
1.
RECITALS
1.01 The findings of fact,recitations and provisions set fortl in the recitals to this Release and Indemnity
Agreement (this "Agreement") are true and are adopted and nade a part of the body of this Agreement,
binding the Parties hereto,as if the same were fully set forth h-rein.
II.
INDEMNITY AND RELEASE
2.01 Indemnity.
THE PETITIONER AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY OF BAYTOWN, ITS
OFFICERS, AGENTS AND EMPLOYEES, (COLLECTIVELY, THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS,
LIABILITIES, LOSSES, DAMAGES .AND SUITS OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND
ATTORNEYS' FEES, ARISING OUT VF OR IN CONNECTION WITH
THE CITY'S ABANDONMENT OF T E PROPERTY CAUSED BY (I)
THE JOINT NEGLIGENCE OF T E CITY AND ANY OTHER
PERSON OR ENTITY AND/OR II) THE SOLE OR JOINT
NEGLIGENCE OF THE PETITIO ER. IT IS THE EXPRESS
INTENTION OF THE PARTIES HE TO, BOTH THE PETITIONER
AND THE CITY, THAT THE INDEM ITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY Y THE PETITIONER TO
INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF (1) THE CITY',.= OWN NEGLIGENCE, WHERE
Release And Indemnitv Aueement. Page I
THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE
RESULTING DAMAGE AND/OR (II THE NEGLIGENCE OF THE
PETITIONER. FURTHERMORE, TH INDEMNITY PROVIDED FOR
IN THIS PARAGRAPH SHALL HA NO APPLICATION TO THE
CITY FOR ANY CLAIM, LOSS, DAM GE, CAUSE OF ACTION, SUIT
AND LIABILITY RESULTING FRO THE SOLE NEGLIGENCE OF
THE CITY, UNMIXED WITH THE F. ULT OF ANY OTHER PERSON
OR ENTITY.
2.02 Legal Counsel. In the event that any action or proceer ling is brought against the City by reason of
any matter for which the City is indemnified herein, d a Petitioner further agrees and covenants to
defend the action or proceeding by legal counsel accel table to the City.
2.03 Release. The Petitioner understands and agrees that by abandoning the Abandoned Property, the
City has not consented to litigation or suit, and any consent to litigation that it may have granted
by the terms hereof or any other contract or agreement, any charter, or applicable state law is
revoked. Nothing herein or any actions by the City shall be construed so as to limit or waive the
City's sovereign immunity. The Petitioner assumes fu I responsibility for its requested division of
Abandoned Property and hereby releases,relinquishes and discharges the City, its officers,agents,
and employees from all claims, demands, and caws of action of every kind and character,
including the cost of defense thereof, for any injury o or death of any person (whether they be
either of the parties hereto, their employees, or other third parties) and any loss of or damage to
property(whether the property be that of either of the parties hereto,their employees,or other third
parties) that is caused by or alleged to be caused b>, arising out of, or in connection with the
Abandoned Property.
2.04 Binding upon Future Owners. The Petitioner understands and agrees that the release and indemnity
obligations contained herein shall be incorporated i4o the quitclaim deed used to convey the
Abandoned Property and shall be a covenant running vith the land.
III.
MISCELLANEOU';
3.01 Choice of Law: Venue. This Agreement shall in a t respects be interpreted and construed in
accordance with and governed by the laws of the St tte of Texas, regardless of the place of its
execution or performance. The place of making and th.place of performance for all purposes shall
be Baytown, Harris County, Texas.
3.02 Severability. Should any ptovisiun of this Release an(. Indemnity Agreement be determined to be
invalid or unenforceable, such determination shall nq affect any other term of this Agreement,
which shall continue in full force and effect.
3.03 Ambieuities. In the event of any ambiguity in any of the terms of this Release and Indemnity
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.
3.04 Agreement Read. The Petitioner acknowledges that its officer executing this agreement has read,
understands and intends to be bound by the terms and ,onditions of this Agreement.
3.05 Authoritv. The persons executing this Agreement hereby represent that they have full authority to
execute this Agreement and to bind the Petitioner.
Release And Indemnitv Aereement.Page 2
3.06 Multipie Counterparts. This Agreement may be exec:ited in multiple counterparts, each of which
shall be deemed an original,and all of which,taken to;ether, shall constitute but one and the same
instrument, which may be sufficiently evidenced by ooe counterpart.
Signed this Z( day of yu� , Z�/// -
2025.
ease Properties 8, LLC
STATE OF � §
COUNTY OF fl W S I
Before me on th' R&*x-
ppeared 0 e'(T" , known
to me to be tbff ers' - is subscribed to the foregoing instrument and acknowledged to me that
he/she exe 4ed414 ��p ps�poses and consideration tl erein expressed.
SIIRSdR,PE ] S\VOIN before me this 21 dy of Au(�u,5� , 2025.
4NotaryPublic n and for the State of
Signed this day of
Charles Johnson, City Manager
City of Baytown
R'.Krisun HolmesUZELBASE AND INDEMNITY AGREEMENT.Kelease Property Cedar Bayou Rd.kh.docx
Release And Indemnity Agreement. Page 3