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Ordinance No. 13,156ORDINANCE NO. 13,156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN A 0.0604 ACRE TRACT OF LAND SITUATED IN THE WHITNEY BRITTON SURVEY ABSTRACT NO. 118, HARRIS COUNTY, TEXAS, AND BEING A PART OF THE BAY STREET 50 -FOOT- WIDE RIGHT -OF -WAY, OUT OF AND A PART OF LOT 12, BLOCK 5 OF CASEY ADDITION NO. 2 IN HARRIS COUNTY, TEXAS, TO MICHAEL CHATHAM 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, Michael Chatham (the "Petitioner ") has petitioned the City for the abandonment of a 0.0604 acre tract of land situated in the Whitney Britton Survey Abstract No. 118, Harris County, Texas, and being a part of the Bay Street 50- foot -wide right -of -way, out of and a part of Lot 12, Block 5 of Casey Addition No. 2 in Harris County, Texas; and WHEREAS, the Petitioner has received releases from utility companies and the adjoining landowner(s) 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 Michael Chatham, 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 0.0604 acre tract of land situated in the Whitney Britton Survey Abstract No. 118, Harris County, Texas, and being a part of the Bay Street 50- foot -wide right -of -way, out of and a part of Lot 12, Block 5 of Casey Addition No. 2 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 1 hereof is THREE THOUSAND SIX HUNDRED EIGHTY AND 501100 DOLLARS ($3,680.00). 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. 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 affirmative v' to of the City Council of the City of Baytown this the 10th day of March, 2016. 4 S ATT T: LOTICIA BRYSCH, City lerk APPROVED AS TO FORM: ' \ a n 0 n NACIO RAMIREZ, SR., City orney R"Kared,FilesaCity Council',0rdinances\20I6Warch 1 0\AbandonmentofBayStreetROW.doc , Mayor Exhibit "A" STATE OF TEXAS) COUNTY OF HARRIS) FIELD NOTES of a 0.0604 of an acre tract of land situated in the Whitney Britton Survey, Abstract No. 118, Harris County, Texas and being out of and a part of Bay Street, 50 feet wide right of way and out of and a part of Lot 12, Black 5 of Casey Addition No. 2 as recorded in Volume 532 at Page 27 of the Deed Records of Harris County, Texas. This 0.0604 of an acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: ALL 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 = 0.99989225. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BEGINNING at a '/2 inch iron rod found at the intersection of the North right of way line of Casey Avenue (50 feet wide right -of -way) an unimproved road, the East right of way of Bay Street (50 feet wide right of way) an unimproved road, in the North line of a 0.3422 of an acre tract conveyed by City of Baytown to Community Resource Credit Union by deed dated February 2, 2004 and recorded under County Clerk's File No. X510561 of the Official Public Records of Real Property of Harris County, Texas, the Southwest corner of Lot 7, Block 4 of said Casey Addition No. 2, the Southwest corner of a 0.5462 of an acre tract conveyed by Sherlyl Kay Ptacek Shepherd to Michael W. Chatham by deed dated August 16, 2004 and recorded in County Clerk's File No. X845026 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Southeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y =l 3,842,518.77 and X= 3,254,866.54. THENCE: South 77 °33'27" West along the South line of this tract over and across said Bay Street, the North line of said 0.3422 of an acre tract and the South line of Lot 12, Block 5 of said Casey Addition No. 2, at 50 feet pass a point for the intersection of the North right of way line of Casey Street and the West right of way line of Bay Street, in all a total distance of 73.70 feet to a'' /z inch iron rod, with cap (BHA), set for the Southwest corner of this tract, at the Southeast right of way line of Alexander Drive (120 feet wide right of way). THENCE: North 33 °49'47" East along the Northwest line of this tract, the Southeast right of way line of Alexander Drive and over and across said Bay Street for a distance of 103.26 feet to a 1/2 inch iron rod, with cap (BHA), set for the North corner of this tract in the East right of way line of said Bay Street, the West line of Lot 7, Block 4 of said Casey Addition No. 2 and the West line of said 0.5462 of an acre tract. PAGE 2 — 0.0604 ACRES. THENCE: South 11 °42'21" East along the East line of this tract, the East line of said Bay Street, the West line of Lot 7, Block 4 of said Casey Addition No. 2 and the West line of said 0.5462 of an acre tract for a distance of 71.38 feet to the PLACE OF BEGINNING and containing within these boundaries 0.0604 acres of land. SURVEYOR'S CERTIFICATE I, Juliene Ramsey, 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 March of 2015 and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas, this the 12a' day of March, A. D., 2015. i Ramsey � •�'.�;" t:� �` � 3 Registered Professional Land Surveyor No. 4379 4 4515 BAY ST.fnd.doc JU ,'.RI /)• .P:.a. .�fSprl M1I M1RAR 1MR0