Ordinance No. 13,328ORDINANCE NO. 13,328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE
CITY'S INTEREST IN PORTIONS OF (I) AN UNDERGROUND 30' UTILITY
EASEMENT FOR SEWER LINES DEDICATED UNDER H.C.C.F. NO.
G506198, AND (II) AN UNDERGROUND 30' TEMPORARY
CONSTRUCTION EASEMENT DEDICATED UNDER H.C.C.F. NO. G502899,
LOCATED ON THE PROPERTY ADDRESSED AS 0 N. HIGHWAY 146, TO
CEDAR GROVE PARK 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 PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, Cedar Grove Park LLC, (the "Petitioner ") has petitioned the City for the
abandonment of portions of (i) an underground 30' utility easement for sewer lines dedicated
under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement
dedicated under H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146;
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 easements, subject to the petition for abandonment referenced herein, is
no longer necessary for the City; and
WHEREAS, contingent upon the receipt of payment as detailed below and as required in
Section 2 -767 of the Code of Ordinances, Baytown, Texas, from Cedar Grove Park, LLC, the
City is willing to abandon the above - referenced easements; 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 portions
of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No.
G506198, and (ii) an underground 30' temporary construction easement dedicated under
H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146, 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 TEN THOUSAND SIX
HUNDRED THIRTY -FOUR AND 09/100 DOLLARS ($10,634.09).
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 affirmativ ote of the City Council of the
City of Baytown this the 13th day of October, 2016. ,
W-Al
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APPROVED AS TO FORM:
rte) - -
ACIO RAMIREZ, SR., W Attorney
ST,,EPHEN —M. DONCARLOS, Mayor
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2
County:
Harris
Project:
Cedar Grove Park
Job No.:
159501
MSS No:
15 -223
Exhibit _A _. Page 1 of 2 Pages
FIELD NOTES FOR 0.796 ACRE
Being a tract containing 0.796 acre of land located in the Christian Smith Survey, Abstract No. 69, Harris
County, Texas; Said 0.796 acre of land being a portion of a call 30.94 acre tract of land recorded in the
name of Cedar Grove Park, LLC, under Harris County Clerk's File (H.C.C.F.) No. 20150369028; Said
0.796 acre of land being more particularly described by metes and bounds as follows (Bearings are
referenced to the Texas Coordinate System of 1983, South Central Zone, based on GPS observations):
COMMENCING at a 518 inch capped iron rod found at the southwest corner of a call 4.89 acre tract
recorded in the name of Shepherd Realty, Inc. under H.C.C.F. No. 20120343569 and an interior comer of
said 30.94 acre tract, from which a 5'8 inch capped iron rod at the most easterly northeast comer of said
30.94 acre tract bears North 79 degrees 00 minutes 29 seconds East, a distance of 480.56 feet:
THENCE, with the west line of said 4.89 tract, North 1 1 degrees 02 minutes 20 seconds East, a distance
of 15.00 feet to the POINT OF BEGINNING of the herein described tract;
THENCE, through and across said 30.94, South 79 degrees 00 minutes 29 seconds West, a distance of
1,156.21 feet to the southeast corner of a call 24.21 acre tract recorded in the name of Goose Creek
Consolidated Independent School District under Volume 3250, Page 51 of the Harris County Deed
Records (H.C.D.R.);
THENCE, with the east line of said 24.21 acre tract, North 10 degrees 27 minutes 55 seconds West, a
distance of 30.00 feet;
THENCE, through and across said 30.94 acre tract, North 79 degrees 00 minutes 29 seconds East, a
distance of 1,155.91 feet to the west line of aforesaid 4.89 acre tract;
THENCE, A ith said west line, South 1 I degree 02 minutes 20 seconds East, a distance of 30.00 feet to
the POINT OF BEGINNING and containing 0.796 acre of land.
THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND
UNDER THE DIRECTION OF KYLE B. DUCKETT, RPLS 6340, FILED IN THE OFFICES OF
GBI PARTNERS, L.P. UNDER JOB NO. 159501.
GBI Partners, L.P.
TBPLS Firm #10130300
Ph: 281.499.4539
October 16, 2015
Exhibit A Page 2 of 2 Pages
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County
Harris
Project•
Cedar Grove Park
Job No.:
159501
MBS No.:
15 -224
Exhibit A Page 1 of 2 Pages
FIELD NOTES FOR 0.361 ACRE
Being a tract containing 0.361 acre of land located in the Christian Smith Survey, Abstract No. 69, Harris
County, Texas; Said 0.361 acre of land being a portion of a call 30.94 acre tract of land recorded in the
name of Cedar Grove Park, LLC, under Harris County Clerk's File (H.C.C.F.) No. 20150369028; Said
0.361 acre of land being more particularly described by metes and bounds as follows (Bearings are
referenced to the Texas Coordinate System of 1983, South Central Zone, based on GPS observations):
COMMENCING at a 51 inch capped iron rod found at the southwest comer of a call 4.89 acre tract
recorded in the name of Shepherd Realty, Inc. under H.C.C.F. No. 20120343569 and an interior corner of
said 30.94 acre tract, from which a 5'8 inch capped iron rod at the most easterly northeast corner of said
30.94 acre tract bears North 79 degrees 00 minutes 29 seconds East, a distance of 480.56 feet;
THENCE, through and across said 30.94, the following three (3) courses:
1. South 79 degrees 00 minutes 29 seconds West, a distance of 20.00 feet to the POINT OF
BEGINNING of the herein described tract;
2. South 1 I degrees 02 minutes 20 seconds East, a distance of 15.00 feet;
3. North 79 degrees 00 minutes 29 seconds East, a distance of 489.52 feet to the northwest R.O.W. line of
Ferry Road, width varies;
THENCE, Mth said northwest R.O.W. line, South 25 degrees 18 minutes 43 seconds West, a distance of
37.23 feet;
THENCE, through and across said 30.94 acre tract the following three (3) courses:
1. South 79 degrees 00 minutes 29 seconds West, a distance of 497.46 feet;
2. North 11 degrees 02 minutes 20 seconds West, a distance of 45.00 feet;
3. North 79 degrees 00 minutes 29 seconds East, a distance of 30.00 feet to the POINT OF
BEGINNING and containing 0.361 acre of land.
THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND
UNDER THE DIRECTION OF KYLE B. DUCKETT, RPLS 6340, FILED IN THE OFFICES OF
GBI PARTNERS, L.P. UNDER JOB NO. 159501.
GBI Partners, L.P.
TBPLS Firm 910130300
Ph: 281.499.4539
October 16, 2015
Exhibit A Page 2 of 2 Pages
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