Loading...
Ordinance No. 13,045ORDINANCE NO. 13,045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S 10-FOOT UTILITY EASEMENT DEDICATED VIA THE EASTPOINT SUBDIVISION SECTION ONE PLAT, RECORDED UNDER VOLUME 311, PAGE 3 OF THE HARRIS COUNTY MAP RECORDS, LOCATED ON THE WEST SIDE OF EASTPOINT BOULEVARD, ADDRESSED AS 7447 EASTPOINT BOULEVARD TO STANMORE/ADEF BAYTOWN, LP, 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 PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, Stanmore/ ADEF Baytown, LP (the "Petitioner") has petitioned the City for the abandonment of the 10-foot utility easement dedicated via the Eastpoint Subdivision Section One Plat, recorded under Volume 311, Page 3 of the Harris County Map Records, located on the west side of Eastpoint Boulevard and addressed as 7 44 7 Eastpoint Boulevard; and WHEREAS, the Petitioner has received releases from utility companies releasing their interests in the 10-foot utility easement; and WHEREAS, the 10-foot utility easement 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 Stanmore/ ADEF Baytown, LP, the City is willing to abandon the above-referenced 10-foot utility easement; 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 the 10-foot utility easement dedicated via the Eastpoint Subdivision Section One Plat, recorded under Volume 311, Page 3 of the Harris County Map Records, located on the west side of Eastpoint Boulevard and addressed as 7447 Eastpoint Boulevard, 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 utility easement described in Section 1 hereof is determined to be NINE THOUSAND SEVEN HUNDRED TWELVE AND 50/100 DOLLARS ($9,712.50). 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. 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 PASS ED by the affirmaf e vote of the City Council of the City of Baytown this the 16th day of November, 2015. APPROVED AS TO FORM: R:\Karen\Files\City Councii\Ordinances\20 15\November l6\AbandonmentofUtilityEasement2Stanmore I OFootUE .doc 2 ,N Exhibit "A" Windrase Land Services, Inc 3200 Wilcrest, Suite 325 Houston, Texas 77042 Phone (713) 458-2281 Fax (713} 461-1151 ~P~ / ,., ~--y,£ ..r Professional Development Consultants L;wd Surveying, Platting, Project Management and GIS Services Firm Registration No . 10108800 DESCRIPTION OF 0.1486 ACRES OR 6,475 SQ. FT. A TRACT OR PARCEL CONTAINING 0 .1486 ACRES OR 6,475 SQUARE FEET OF LAND SITUATED IN THE T . PATCHING SURVEY, ABSTRACT NO . 620, HARRIS COUNTY , TEXAS, BEING OUT OF EASTPOINT APARTMENTS MINOR REPLAT, LOT ONE, BLOCK ONE, MAP OR PLAT THEREOf RECORDED IN FILM CODE {F .C .) NO . 675209 , HARRJS COUNTY MAP RECORDS (H.C .M .R.). ALSO BEING OUT OF A CALLED 13.43 ACRE TRACT OF LAND CONVEYED TO STANMORE ADEF BAYTOWN. LP , RECORDED IN HARRIS COUNTY CLERK FILE {H .C.C.F.) NO . 20150043333 , ALSO BEING THAT CERTAIN 10' WATERLINE EASEMENT SHOWN ON EASTPOINT SUBDIVISION SECTION ONE, MAP OR PLAT THEREOF RECORDED UNDER VOL. 311, PG . 3, l-I .C.M.R., BErNG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD R3 ): COMMENCING AT A 5/8 INCH IRON ROD fOUND ON THE CURVED WEST RIGHT-OF-WAY (R .O .W) LINE OF EASTPOINT BOULEVARD (60' R .O \V . PER F.C. NO . 675209, H.C .M .. R.), MARKING THE CAST CORNER OF SAID LOT ONE, BLOCK ONC AND THE NORTH CORNER RESERVE "L-1" AMENDING PLAT OF RESERVE "L" IN EASTPOINT SUBDIVISION, SECTION ONE, MAP OR PLAT THEREOf RECORDED IN F.C . NO . 596279 , H.C.M.R., SAME TRACT DESCRIBED AS A CALLED 2.500 ACRE TRACT OF LAND CONVEYED TO CITY OF BAYTOWN , RECORDED IN H .C .C .F . NO . Y-99RIRO , HARRIS COUNTY DEED RECORDS {H .C.D .R); THENCE. ALONG THE SAID CURVED WEST R.O .W . LINE OF EASTPOINT BOULEVARD, HAVING A RADIUS OF 832 .66 FEET, A CENTRAL ANGLE OF 05 DEGREES 53 MINUTES 19 SECONDS, AN ARC LENGTH OF 85.58 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 35 DEGREES 05 MINUTES 35 SECONDS WEST -85 .54 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "WINDROSE LAND SERVICES" FOUND MARKING A POINT OF TANGENCY: THENCE. CONTINUING ALONG SAID WEST R.O.W. LINE OF EASTPOINT BOULEVARD, NORTH 38 DEGREES 02 MINUTES 15 SECONDS WEST. A DISTANCE OF 125 .62 FEET THE POINT OF BEGINNING AND MOST EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE. DEPARTING SAID WEST R.O .W. LINE OF EASTPOINT BOULEVARD, OVER AND ACROSS SAID LOT ONE . BLOCK ONE. SOUTH 35 DEGREES 52 MINUTES I 6 SECONDS WEST, A DIST ANCI: Of 650 .50 FEET TO THE WEST LINE OF SAID LOT ONE, BLOCK ONE AND THE EAST LINE OF A CALLED WATER PLAT SITE OF PARTIAL REPLAT OF EASTPOINT SUBDIVISION SECTION ONE, MAP OR PLAT THEREOF RECORDED IN VOLUME 319, PAGE 95. H.C.M .R., BETNG THE MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT: THENCE, ALONG AND WITH THE COMMON UNE OF SAID LOT ONE. BLOCK ONE AND SAID WATER PLAT SITE, NORTH 12 DEGREES 33 MINUTES 33 SECONDS WEST, A DISTANCE OF 13 .37 FECT TO THE MOST WESTERLY CORNER OF THE HERErN DESCRIBED TRACT; THENCE. DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT ONE, BLOCK ONE, NORTH 35 DEGREES 52 MINUTES I 6 SECONDS EAST, A DISTANCE OF 644 .52 FEET TO A POINT ON THE SAID EAST UNE OF LOT ONE, BLOCK ONE, THE SAID WEST R .O .W . LINE OF EASTPOINT BOULEVARD. MARKING THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 3/4 INCH lRON ROD FOUND BEARS FOR REFERENCE NORTH 38 DEGREES 02 MINUTES 15 SECONDS WEST, A DISTANCE OF 31 .22 FEET; THENCE, ALONG THE SAID WEST R.O .W . LINE OF EASTPOINT BOULEVARD AND THE SAID EAST LINE OF LOT ONE, BLOCK ONE. SOUTH 38 DEGREES 02 MINUTES 15 SECONDS EAST, A DISTANCE OF 10.41 FEET TO THE POINT OF BEGINNING AND CONTArNING 0 .14R6 ACRES OR 6 ,475 SQUARE FEET OF LAND AS SHOWN ON JOB NO . 52294-ABN-WLE, PREPARED BY WINDROSE LAND SERVICES INC. @NORTH 0.1486 AC. /OR 6,475 SQ. FT. SCA LE: 1" = 1 00 ' \ EASTPOINT APARTMENTS MINOR REPLA T LOT ONE BLOCK ONE f.C. NO . 675209, H.C.M.R. \ \ GENERAL NOTES \ \ \ \ \ / \ CAU£0 13.43 ACRES CONVEYED TO STANMORE/ADEF BAYTOWN, LP H.C.C.F . NO. 20150043333 1. SURVEYOR DID NOT ABSlRACT SUBJECT PROPERTY, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT OR ABSlRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSlRACTORS CERTlFICA TE MAY DISCLOSE . 2. BEARINGS Yt£RE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM , SOUTH CENTRAL ZONE . (NAD83) 3. THIS PLA T IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTlON OF EVEN DATE . (SEE SHEET 2 OF 2) ( \ \ \ \ FI ELDED BY DRAWN BY CHECKED BY : JOB NO. SHEET 1 OF2 \ FNO 5/8" IRC "WINDROSE LAND SERVICES' / / / / CALLED 2 .500 ACRES CITY Of BAYTOWN H.C.C.f . NO. Y-998180 RESERVE "L -1" AMENDING PLAT Of RESERVE "L" IN EASTPOINT SUBDIVISION SECTlON ONE F.C. NO . 596279 H.C.M.R. JC DATE: ()9.24-20 15 AAJ DGICJ P REV · GHF RE V· 52294 -ABN -WLE REV : REV . \ \ \ EXHIB IT WAl 0.1486 c .... CURVE IV ~~ H' :>ii"V L Y-. s I Lan