Ordinance No. 19.'
ORDINANCE -NO.' w 1T
®. AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A CERTAIN INSTRUMENT, FULLY SET OUT THEREIN, REVOKING AND
CANCELLING EA TENTS HERETOFORE DEDICATED TO THE CITY IN THE
JONES ADDITION AND THE PELLY ACRES, HARRIS COUNTY, TEXAS,
ADDITION AND ACCEPTING IN LIFO THEREOF ANOTHER EASEMENT IN
THE PELLY ACRES ADDITION'.
WHEREAS, the developers of Jones and Pelly Acres Addition, in Harris
County, Texas, 'have heretofore dedicated certain easements in said additions to the
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former city of Pelly, now Baytown; and
WHEREAS, the City of Pelly, now Baytown, is not presently using said
easements, and has not heretofore made use thereof; and
WHEREAS, the former City of Pelly, now Baytown, did by mistake extend
® its sewer line across a portion of Pelly Acres Addition in which it did not have an
easement; and
VffIEREAS, the present owner of the property in which the aforesaid easements
and sewer lines are located has requested that the city revoke and cancel the said ori-
ginally dedicated easements, and accept in lieu thereof an easement in the portion of
the Pelly Acres Addition across which the City of Pelly, now Baytown, extended its said
sewer line by mistake; and
WHEREAS, no valid reason exists -wti.y the city should not revoke and cancel
the said originally dedicated easements, and accept in lieu thereof such other easements
proferred; NOW THEREFORE,
BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF 13AYTOVJN:
Section 1. THAT the mayor and City Clerk be, and they hereby are authorized,
directed and ordered, to execute a certain instrument revoking and cancelling certain
easements heretofore dedicated to the City of Pelly, now Baytown, in the Jones and Pelly
Acres Addition therein, and accept in lieu thereof another easement in said Pelly Acres
Addition across land in which the City of Pelly extended its sewer line by mistake, all
as more fully set forth in such instrument itself in Section 2 hereof.
Section 2. THAT such instrument of revocation and cancellation of said
original easements, and acceptance of another easement in lieu thereof, shall be in
words and figures substantially as follows, to -wit:
"STATE OF TEXAS:
is COUNTY OF HARRIS:
THIS AGREEMENT made and entered into by,.and between C. Q. Alexander, joined
herein by his wife, VIOLA ALEXANDER, hereinafter called "OWNER" and CITY OF BAYTOWN
(formerly City of Pelly) a municipal corporation, hereinafter called "CITY ", all of Harris
County, Texas:
Witnesseth::
WHEREAS, the map of Block seventeen (17) of the JONES ADDITION, originally
® of Pelly (now Baytown), as shown by the resubdivision map recorded in Vol. 1163 at
page 28 of the Deed Records of Harris County, Texas, shows an easement 14 ft in width and
lying along side the West boundary line of said Block 17, particularly along the West
boundary line of lot six (6), Block A of resubdivision of said Block 17 up to Southern
boundary line of Pelly Acres ( which is, in fact, the Southern boundary line of the Harvey
Whiting Survey) but which easement as'shown by said map does not extend across the afore-
said Pelly Acres to the Durain Road, (which is, in fact, the main old Baytown - Pelly road):
and
WHEREAS, CITY did by mistake extend its sewer line straight from the easement
indicated above across said Pelly Acres into said Durain road; and
WHEREAS, OWNER did purchase from Claude Foster and rife, Kathryn F. Foster,
® by deed recorded in Vol. 1297 at page 331 of the Deed Records all of said Lot one (1)
or Tract one (1) of said Pelly Acres, according to the bap of Pelly Acres, recorded in
Vol. 20 at page 15 of the Map Records of Harris County, ,Texas, which lies East of the East
line of Lot 6,.Block 3 of the C. F. Jones Addition, according to the Map thereof, recorded
in Vol. 1153 at page 30, produced from the Northeast corner of said Lot six (6), Block
six (6) of the C. F. Jones Addition to the Durain -Ferry road; and
WHEREAS, the Map of the resubdivision of Block 17 of the Jones Addition, afore-
said, shows an easement 12 feet in wiidth between lots 1 and 2 (considered here as one) and
Lot 6, Block A. according to the resubdivision Map of the aforesaid Block 17, which Ease-
ment is not now being used by CITY and which easement was never used by the former City of
® Pelly; and
WHEREAS, the Map of Pelly Acres shows an easement 7 feet in width along the
Southern boundary line thereof to its intersection with the Southern boundary line of Durain
Road, which easement is not now being.used by CITY and which easement was never used by the
former City of Pelly; and
WHEREAS, it is the desire of OWNER and CITY to give CITY proper authority on
that portion of Lot 1 or Tract 1 of the aforesaid Pelly Acres, where it has its line and
at the same time to revoke and cancel all easement:; rights of CITY between Lot 6, Block A
on the West and Lots 1 and 2 of Block A on the East, according to the resubdivision of the
aforesaid Block 17 of the Jones Addition; and at the same time to revoke and cancel the
easement rights of CITY along the Southern boundary line of Pelly Acres as it borders that
portion of Lot 1 of said Pelly Acres, purchased by OWNER from Claude Foster and wife,
Kathryn F. Foster;
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Now, Therefore, KNOW ALL LAN BY THESE PRESENTS: that OWNER, for and in con-
sideration of the premises and the sum of One ($1.00) Dollar in hand paid by CITY, receipt
of which is here acknowledged and confessed, have Granted, Sold and Conveyed and do by these
presents GRANT, SELL AND CONVEY unto CITY, a quadrilateral of land out of that portion of
Lot 1 or Tract 1 of Pelly Acres, which was conveyed to OWNER by Claude Foster and wife
Kathryn F. Foster by the Deed recorded as aforesaid in Vol. 1297 at page 331 of the Deed
Records of Harris County, Texas, which quadrilateral of land has for its Western boundary,
the western boundary of the Tract purchased from Claude Foster and wife, Kathryn F. Foster,
aforesaid and for its,Eastern boundary, a line parallel to its western boundary line, which
is a perpendicular distance of 14 ft. Eastthereof; and which said quadrilateral had for its
North boundary line the Southern boundary line of the aforesaid Durain -Ferry Road, which
Northern boundary line is subtended by the intersection of the aforesaid'Eastern and Western
boundary lines as above indicated; and which quadrilateral has for its Southern boundary
® line, the section of the Southern boundary line of Pelly Acres, aforesaid, which is sub-
tended by the East and West boundary lines of the Tract here conveyed as above indicated.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto CITY, its successors
and assigns forever; and we do hereby bind ourselves, our heirs, executors and administra-
tors to Warrant and Forever defend all and singular the said premises unto CITY, its
successors and assigns against every person whomsoever lawfully claiming or to.cl.aim the
same or any part thereof. 'N
AND, CITY, acting herein by its Mayor and attested by the City Clerk, both
acting under authorization of the City Council of the City of Baytown, Harris County,
® Texas, by virtue of Ordinance No. /7 , dated September 9 , 1918, in consideration
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of the premises, does hereby revoke and cancel the following easements,'
(1) easement shown by the replat of Block 17 of the Jones Addition, aforesaid,
which easement lies along the Eastern boundary line of the aforesaid *Lot 61 Block A of the
resubdivision of Block 17 and along the Western boundary of said Lots 1 and 2, Block A,
according to the replat of said Block 17, as aforesaid;
(2) easement along the Southern boundary line of the aforesaid tract purchased
by OWNER from Claude Foster and wife, Kathryn F. Foster out of Lot 1 or Tract 1 of Pelly
Acres;
AND CITY does hereby accept in lieu thereof, the hereinabove described quad-
rilateral of land out of that portion of Lot 1 or Tract 1 of Pelly Acres, which was con-
veyed to UWNER by .Claude Foster and wife, Kathryn F. Foster by deed recorded in Volume 1297
at Page 331, of .the Deed Records of Harris County, Texas.
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Executed this the day-of September, 1948.
C. Q. AlexanZer
Vbla Alexander /
CITY OF.BAYTOWN
BY:
E. D. Cleveland, Mayor
ATTEST:
® Edna Oliver., City Clerk
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STATE OF TEXAS
p
COUNTY OF HARRIS ¢
BEFORE ME, the undersigned, a Notary Public in and for said State and
County, on this day personally appeared C. Q. ALEXANDER, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein ex-
pressed.
GIVEN UNDER MY HAND AND StAL OF OFFICE, this the day of
September, A. D. 1948.
STATE OF TEXAS O.
0
COUNTY OF HARRIS Q
Notary Public in and for
Harris County, Texas
BEFORE ME, the undersigned, a Notary Public in and for said state and
County, on this day personally appeared VIOLA ALEXANDER, wife of C..Q. Alexander,
known to me to be the person whose name is subscribed to the foregoing instrument,
and having been examined by me privily and apart from her - husband, and having the
same fully explained to her, she, the said VIOIA ALEXANDER, acknowledged such
instrument to be her act and deed and she declared that she had willingly signed
the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
® September, A. D. 1918.
Notary Public in and for
Harris County, Texas
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STATE OF TEXAS
Q
COUNTY OF HARRIS Q
BEFORE ME, the undersigned, a Notary Public in and for said State
and County, on this day personally appeared E. D. CLEVELAND, Mayor of the
CITY OF BAYTOWN, TEXAS, known to me to be the person and officer whose name
is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said CITY OF BAYTO`YN, TEXAS, a municipal corporation, and
that he executed the same as the act of such corporation for the purposes and
consideration therein expressed., and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
September, A.. D. 1948.
Notary Public in and for
® Harris County, Texas u
Section 3: THAT this ordinance shall be in full force and effect
From and after its passage.
.INTRODUCED, READ and PASSED by the affirmative vote of a majority
of the City Council of the City of Baytown, Texas, on this the � 9� day
of September, 1948.
ATT98T ::
Edna Oliver, City Clerk
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E. D. Cleveland,, Mayor
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