HomeMy WebLinkAboutOrdinance No. 16,597 (Item 7.a.) ORDINANCE NO. 16,597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT, RELEASE, AND
CONVEYANCE OF AN INTEREST IN AN UNIMPROVED 0.19-ACRE PORTION
OF ALLMAN STREET (FORMERLY KNOWN AS SIXTH STREET), LOCATED
SOUTH OF TRAVIS STREET AND SITUATED IN THE WILLIAM SCOTT
LOWER LEAGUE, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
WHEREAS, on January 7,2026,the City Clerk of the City of Baytown,Texas received a Petition
from Kubik Enterprises, Ltd. ("TRANSFEREE"), addressed to the City Council of the City of Baytown,
Texas in accordance with Chapter 2,Article VII, Sections 2-766 and 2-767 of the Code of Ordinances,City
of Baytown,Texas(the"Code Provisions"); and
WHEREAS, all abutting property owners joined the Petition; and
WHEREAS, the City Council of the City of Baytown,acting pursuant to law and upon the request
and petition 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 easement is not needed for public use and 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 TRANSFEREE shall comply with, and make all payments under, the Code
provisions.
Section 3: That for and in monetary consideration of the sum of NINETEEN THOUSAND
AND 00/100 DOLLARS ($19,000.00) paid by TRANSFEREE, which the City Council determines under
Sections 2-766(e) and 2-767(a) to be the appraised market value of the Property, and the further
consideration described in Sections 4 through 8,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 easement described in Exhibit A (the "Property") as follows: UNTO TRANSFEREE KUBIK
ENTERPRISES, LTD.,all of its right,title,and interest in the Property.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 4: 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 5: That the terms and conditions contained in this ordinance shall be binding upon
TRANSFEREE, its/their heir successors and assigns.
Section 6: 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 7: 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,TRANSFEREE
shall, at its own cost,prior to making any improvement, construction,reconstruction, repair, maintenance,
or other work on the tract of land described in Exhibit A, obtain, comply with, and maintain compliance
with,all necessary licenses,permits,certifications, or other authorizations.
Section 8: 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 (I) 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 9: 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 10: Upon receipt of the monetary consideration set forth in Section 3; 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 11: 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 ote o e City CI^ncil of the City of
Baytown this the 24`h day of September, 2026.
pf
C ARLES J$FIN_ i' ,Mayor
ATTEST: ; , lT �;I0W,Y,
APPROVE S TO FORM:
SCOTT LE OND,City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-09-24\Pet-Abandon-Allman St-SL.docx
EXHIBIT A
ESTATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 0.19 of an acre tract of land situated in the William Scott Lower League, Abstract 65,
Harris County, Texas and being part of Allman Street (formerly known as Sixth Street; 40 feet wide right-
of-way) as shown on plat of Jones Addition to Pelly (unrecorded) and on plat of Jones Addition to Pelly as
recorded in Volume 855 at Page 73 of the Map Records of Harris County, Texas. Said 0.19 of an acre
being that portion of Allman Street (unimproved) that lies South of the South right-of-way line of Travis
Street (formerly Third Street; 40 feet wide right-of-way). This 0.19 of an acre is more particularly
described by the following metes and bounds, to-wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES.
SCALE FACTOR = 1.0000000. REFERENCE IS MADE TO THE MAP OF EVEN DATE ACCOMPANYING THIS
METES AND BOUNDS DESCRIPTION.
COMMENCING at a % inch iron pipe found for an interior corner of that certain Tract 2 (part of Lots 7 and
8, Block 26 of said Jones Addition to Pelly, (unrecorded) conveyed by the Estate of Rufus Foreman,
deceased, to Albert Sanchez by Deed dated June 9, 1999 and recorded under County Clerk's File
#T783893 of the Official Public Records of Real Property of Harris County, Texas and the Westernmost
Northwest corner of Lot 1, Block 1 of Kubik Enterprises Ltd. Minor Plat as recorded under Film Code
#691260 of the Map Records of Harris County, Texas. Said COMMENCING POINT has a State Plane
Coordinate Value of Y=13,831,234.36 and X=3,246,559.35.
THENCE: South 71°34'20" East along the South line of said Tract 2 and the Westernmost North line of
said Lot 1, Block 1 for a distance of 45.11 feet to a Y2 inch iron rod, with cap (BHA), set for the Southeast
corner of said Tract 2, the Southwest corner of said Allman Street (unimproved)and the Southwest
corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate
Value of Y=13,831,220.10 and X=3,246,602.15.
THENCE: North 22°53'40" West along the West line of this tract, the West line of said Allman Street
(unimproved), the East line of said Tract 2, the East line of said Lot 7, the East line of a 12 feet wide alley
and the East line of Lot 6, Block 26 of Jones Addition to Pelly (unrecorded) as conveyed by Adrian
Carranco to Candido Franco, et al, by Deed dated November 6, 2019 and recorded under County Clerk's
File #RP-2019-495608 of the Official Public Records of Real property of Harris County, Texas and at 73.78
feet pass a % inch pipe with %: inch iron rod inside found for the Northeast corner of said Trat 2, the
Northeast corner of said Lot 7 and the Southeast corner of said alley; at 85.78 feet pass a % inch iron
pipe found for the Northeast corner of said alley and the Southeast corner of said Lot 6; in all, a total
distance of 186.17 feet to a % inch iron pipe found at the intersection of the West line of said Allman
Street with the South line of said Travis Street for the Northwest corner of this tract and the Northeast
corner of said Lot 6.
PAGE 2—0.19 OF AN ACRE; PART ALLMAN STREET.
THENCE: North 67°20'39" East along the North line of this tract, over and across said Allman Street, for a
distance of 40.00 feet to a 1/2 inch iron pipe found at the intersection of the East line of said Allman Street
with the South line of said Travis Street for the Northeast corner of this tract and the Northwest corner
of that certain called 0.511 of an acre conveyed by Sandra Crosson, et vir, to Jose Luis Garcia, by Deed
dated May 12, 2023 and recorded under County Clerk's File #RP-2023-175496 of the Official Public
Records of Real Property of Harris County, Texas.
THENCE: South 22°53'40" East along the East line of this tract, the East line of said Allman Street and the
West line of said 0.511 of an acre and at 100.22 feet pass a 3/1 inch iron pipe found on line; in all, a total
distance of 221.17 feet to a %2 inch iron rod, with cap (BHA), set in the Westernmost North line of said Lot
1, Block 1 for the Southeast corner of this tract, the Southeast corner of said Allman Street and the
Southwest corner of said called 0.511 of an acre. Said point has a State Plane Coordinate Value of
Y=13,831,203.27 and X=3,246,652.68; from which a ''/2 inch iron rod, with cap (BHA), found for the
Southeast corner of said called 0.511 of an acre and an interior corner of said Lot 1, Block 1 bears South
71°34'20" East 1.15 feet.
THENCE: North 71°34'20" West along the South line of this tract, the South line of said Allman Street
and the Westernmost North line of said Lot 1, Block 1 for a distance of 53.26 feet to the PLACE OF
BEGINNING and containing within these boundaries 0.19 of an acre of land.
SURVEYOR'S CERTIFICATE
I, Juliene Harrod, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing
field notes were prepared from an actual survey made on the ground, under my supervision, in October
of 2025 and that all lines, boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 13`h day of October, A. D., 2025.
Juliene Harrod -c •. OF.. Tic
R. P. L. S. No. 4379 �P; c,� s r FR. 9
25-7130.fdn.docx
Hutchison & Associates, Inc. JULIENE HARROD
1209 Decker Drive, Ste. 100 ;gip 4379 P
•Baytown,TX 77520 9,�°;F s s �°.�•-
Engineering Firm #F-267 0 .S u R`I
Surveying Firm #100293-00
\
% — JONES ADDITION
ORSM,PAGE IIECOM TO PELLY \ '
\ -- / IEEcolns (1-11).- y i
/ ""`O" ""'\ `\ WILLIAM SCOTT LOWER LEAGUE
,� •
- / A - 65
\
- \ \ > W2E
\ \ \
\ \ / T \ / GENERAL NOTES:
\ \ / \ 1 BEARINGS ARE LAMBERT GRID BEARINGS AND ALL
COORDINATES REFER THE TEXAS STATE PLANE
\ \ �_ �ETW° ° COORDINATE SYSTEM.SOUTH CENTRAL ZONE,,NNW
Cc 00 •N ALL DISTANCES ARE ACTUAL DISTANCES SCALE
\ ° ,4.1I.
y' 1,�,VV g.+R / FACTOR=I 0000000 REFERENCE IS MADE TO THE
�♦ �\\\ �,M6 / METES ANO BOUNDS DESCRIPTION OF EVEN DATE
\ 04r ACCOMPANYING THIS MAP
\ 2 ACCORDING TO FLOOD INSURMICE RATE IMP
\ ,yA COMMUNITY PANEL NO.48201C0B55 M.DATED JP IS 0 +S SO
/ \� / JMIUMYS.ITUU000S ZONE
ONE 00(UNSADED)ANO
bf INLORPORATED AREAS,THE SUB.IECT TRACT SHOWN
\ f a / \ HEREON IS SITUATED IN ZONE'X'(UNSHADED)AND IN
\ ZONE•X•(LIGHT-SHADED) SCALE. > 1NCh' YO
��� (1. / NeT•ZG� FouxD+vR I , CURRE THIS T TIT PERF�ORCCOMM WAS PREPARED IMENT AND
NOTHOUT TOFA
AO- DETERMINE THE EXISTENCE,IF ANY.OF EASEMENTS
AFFECTING THE SUBJECT TRACT,UNLESS AND
/tea / E F
snxCALLED
HE van EXCEPT AS SHOWN HEREON
DRA
TO
aw, / �" •
OFFJCIAL PUBLIC RECORDS •
/ OF
COuxry TEFAS RESERVE A
,.. c,: / Q¢ /
DE ON POND
10
CANDID°FRANCO ET Pa
\� BEING 0.19 OF AN ACRE OF LAND SITUATED IN THE WILLIAM SCOTT LOWER
/ HMR�aCoLHOF NEAL a � w1w� LEAGUE,ABSTRACT 65,HARRIS COUNTY,TEXAS AND BEING PART OF ALLMAN
/\/ \ N'';, STREET(FORMERLY KNOWN AS SIXTH STREET;40 FEET WIDE RIGHT-OF-WAY)„- AS SHOWN ON PLAT OF JONES ADDITION TO PELLY(UNRECORDED)AND ON
T.,.\ - PLAT OF JONES ADDITION TO PELLY AS RECORDED IN VOLUME 855 AT PAGE
l \ H° a / KUBIK ENTERPRISES LTD MINOR PLAT 73 OF THE MAP RECORDS OF HARRIS COUNTY,TEXAS. SAID 0.19 OF AN ACRE
\ JONES ADDITION TO PELLY 0 19 ACRE R`
/ \ IwREcol�am '\ 1. NN , FAA CODE MAINS
HM1RNSA MORECOROUNTY DS
TFMa BEING THAT PORTION OF ALLMAN STREET(UNIMPROVED)THAT LIES SOUTH
\ S,Fo OF THE SOUTH RIGHT-OF-WAY LINE OF TRAVIS STREET(FORMERLY THIRD
\ ° , YA+�,R«•E,E ^ STREET;40 FEET WIDE RIGHT-OF-WAY)AS SHOWN HEREON.
\ O
\ *° ESTATE OF MAUS IT."
DECEASED
TO
SANCHEZ
0 Or REAL PROPERTY OF
MARY COUNTY TEAM
\
1111101 \ •
\\ g ° SET 1 X 'M2 S N7T � / I. 1 LOTt
LRCM PIN
1,JULIENE HARROD.REGISTERED PROFESSIONAL LAND SURVEYOR NO
ESTATE OFR\TRACT0 INDS FOREMAN DECEASED Xa'�' TT 0379.DO HEREBY CERTIFY THAT THIS MAP DELINEATES THE RESULTS
X]N°5435 OF A SURVEY MADE ON THE GROUND,UNDERER MTMY SUPERVISION,IN
.R HARK I wTo � X SET UM
OCTOBER OF 2025 AND THAT ALL LINES,BOUNDARIES AND LANDMARKS :\_
20 ARE ACCURATELY SHOWN HEREON.
EWE S.IEND ERNI
;E S0.OF
WITNESS MY NANO AND SEAL AT BAYTOVM,TEXAS, J P:�.STq.,H-A
Of Nc ZONE'R 230212HF0Fo1AREAaoxAxNuri CHANCE ELM) THIS THE I3TH DAY OF OCTOBER.A.D..2025. 5 > * Fo•:NL
PROPER "•:TO�u TAB ON 00 OR NNEETRHMOW.CHARD BB.ARENSOOF LESS A JULIENE HARROD •
.. oux\\ RSCE
SW LL\On • of MxxMA nooS xF7ARO THAN SNARE MXa JurEN ... TR 9;yF4379 o=e;o F
•
\ R6.L.S.NO.ABT9 T•`0•.E Sy•/
SURD.
E= HUTCHISON & ASSOCIATES,S
—' JD�6aI,yF'PNI ENG.ENGINEERS F52E•SURVEYORS
URV UORVEYING2 FRMAA 0029D-00
— ITN ' IIII $209 DECKER OR. BSYTOWN,TEXAS 77520
DRAWN DESIGN O.T9 OF AN ACRE-PART OF ALLMAN STREET
AJH SURVEYED FOR
COED. 5CALE KUBIK ENTERPRISES. LTD
AR 1"=}0' SITUATED IN THE
0E F.B. WILLIAM SCOTT LOWER LEAGUE,A-66
10-13-25 HARRIS COUNTY, TEXAS
_-----------)
�. REVISION BY COED. APVD, DATE DflA4NC NAME: 71}O.BDRY JOB N0.25-7130 REV. SHEET 1 OF 1