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Ordinance No. 13,105ORDINANCE NO. 13,105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 12,937 REGARDING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S SURFACE RIGHTS TO A PORTION OF OLD CEDAR -BAYOU LYNCHBURG ROAD RIGHT -OF -WAY LOCATED SOUTHWEST OF THE INTERSECTION OF CEDAR BAYOU - LYNCHBURG ROAD AND NORTH MAIN STREET IN ORDER TO ACCEPT PAYMENT IN LIEU OF THE CONVEYANCE OF PROPERTY FROM FRED C. DITTMAN, JR., AND NISHA DITTMAN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the City Council via Ordinance No. 12, 937 authorized the abandonment of the surface rights to a portion of Old Cedar -Bayou Lynchburg Road, located southwest of the intersection of Cedar Bayou - Lynchburg Road and North Main Street, to Eddie V. Gray, Trustee; Eddie Vaughn Gray, Trustee; Fred C. Dittman, Jr.; Nisha Dittman; Jesus Ceja Flores; and Celia Torres (collectively the "Petitioners ") contingent upon the following consideration: WHEREAS, Fred C. Dittman, Jr., and Nisha Dittman now desire to tender payment in lieu of the conveyance of the 8.6 acres off of Kilgore Road; and WHEREAS, the City of Baytown is amenable to accepting payment in lieu of property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Section 2 of Ordinance No. 12,937 is hereby amended to read as follows: Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the fair market value of the right -of -way is determined to be FIFTY -FOUR THOUSAND ONE HUNDRED FIVE AND 87/100 DOLLARS ($54,105.87), which amount shall be paid as follows: Petitioner Consideration for Abandonment Eddie V. Gray, Trustee, and $7,609.93 Eddie Vaughn Gray, Trustee Warranty deed, in a form satisfactory to the City Fred C. Dittman, Jr., and Attorney, conveying good title to approximately 8.6 Nisha Dittman acres off of Kilgore Road, more particularly described as Tract 15A, Abstract 65, William Scott Survey, Baytown, Harris County, Texas Jesus Ce'a Flores and Celia Torres $3,885.55 WHEREAS, Fred C. Dittman, Jr., and Nisha Dittman now desire to tender payment in lieu of the conveyance of the 8.6 acres off of Kilgore Road; and WHEREAS, the City of Baytown is amenable to accepting payment in lieu of property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Section 2 of Ordinance No. 12,937 is hereby amended to read as follows: Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the fair market value of the right -of -way is determined to be FIFTY -FOUR THOUSAND ONE HUNDRED FIVE AND 87/100 DOLLARS ($54,105.87), which amount shall be paid as follows: Petitioner Consideration for Abandonment Eddie V. Gray, Trustee, and Eddie Vaughn Gray, Trustee $7,609.93 Fred C. Dittman, Jr., and Nisha Dittman $42,610.39 Jesus Ce'a Flores and Celia Torres $3,885.55 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 affirmative vote of the City Council of the City of Baytown this the 14th day of January, 2016. TERRY SAIPIYAyor Pro Tem ATTiEST: BRYSCH, Cl� erk APPROVED AS TO FORM: 4;47.�-2 '2 "e NACIO RAMIREZ, SR., i y ttorney 0 �e°eaW ° °aa•�® Ri Karen Files City Counc&ordinances\20l6Vanuary I4\AmendAbandonmentofSurfaceRightstoaPortionofOldCedarBayouRoad .doc