Ordinance No. 267ORDINANCE NO. 267
AN ORDINANCE ABANDONING THE ROAD ADJOINING
ROSELAND PARK ON THE WEST, AS PLATTED -IN
THE FIELD NOTES ATTACHED TO CONTRACT DATED
SEPTEMBER 10, 1947, BETWEEN MRS. ROSIE A.
KILGORE AND HUSBAND, E. R. KILGORE, AND THE
CITY OF BAYTOWN.
WHEREAS, by Deed of Gift dated September 10, 1947,
recorded in Volume 1781, Page 477, of the Deed Records of
Harris County, Texas, Mrs. Rosie A. Kilgore, joined by her
husband, E. R. Kilgore, conveyed to the City of Baytown, -
Texas, a tract of land as a public park, now known as
" ROSELAND PARK ", located in the Southeast corner of a 150
• acre tract out of the WM. SCOTT LOWER LEAGUE, Abst. No. 65,
in Harris County, Texas, allotted to the said Mrs. Rosie A.
Kilgore (also known as "Rosie Kilgore" or "Rosa A. Kilgore")
in Partition Deed dated December 30, 1932, recorded in Volume
915, Page 505, of the Harris County Deed Records, to which
Deeds reference is here made for all purposes; and
WHEREAS, the description of the Roseland Park tract,
as set forth in the above referred to Deed dated September 10,
1947, recorded in Volume 1781, Page 477, of the Harris County
Deed Records, calls for a public road adjoining said tract
• on the West, and the said Mrs. Rosie A. Kilgore and husband,
E. R. Kilgore, by written agreement with the City of Baytown
(then the City of Pelly), dated September 10, 1947, agreed
to dedicate such public road or street according to the field
notes thereof prepared from survey made by the City Engineer
on August 14, 1947, which field notes and plat of the Roseland
Park area were attached to said agreement of September 10, 1947;
and
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WHEREAS, said public road or street adjoining
Roseland Park on the West, and extending from East Texas
Avenue Southerly to the South line of the Roseland Park tract,
was installed by the City of Baytown in accordance with the
terms of said agreement of September 10, 1947, but was not
located on the ground as called for in the aforesaid field
notes and above referred to Deed; and
WHEREAS, the field notes of said road attached to
said agreement were erroneous in that the road or street as
established by the City on the ground lies 54.34 feet West-
erly from its location as described in the field notes, and
the road or street as platted from said field notes does not
extend to the South line of the Roseland Park tract; and
WHEREAS, BESSIE J. BUSCH and ETHEL KILGORE SCHUMACHER)
the present owners of the land. lying West and North of the
Roseland Park tract, have agreed to dedicate to the City of
Baytown the road or street lying West of said Roseland Park
tract as it is presently located on the ground, extending
from East Texas Avenue Southerly to the South line of the
aforesaid 150 acre tract partitioned to Mrs. Rosie A. Kilgore,
said South line being also the South line of the Roseland Park
tract; and have agreed to execute and deliver to the City of
Baytown a Correction Deed properly describing the Roseland
Park tract as it was intended to be conveyed; and
WHEREAS, under and by virtue of the authority vested
in said City and City Council thereof pursuaht to Article I,
Section 6, of the Charter of said City, the City of Baytown
desires to abandon said public road or street adjoining the
Roseland Park tract on the West, as described in the field
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notes attached to the aforesaid Contract of September 19, 1947,
which field notes are set forth in "Exhibit All hereto attached
and are made a part hereof, and as called for in said Deed from
Mrs. Rosie A. Kilgore and husband, E. R. Kilgore, to the City
of Baytown, recorded in Volume 1781, Page 477, of the Harris
County Deed Records; NOW, THEREFORE,
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1. THAT, under and by� virtue of the authority
• vested in said City and City Council thereof, pursuant to
Article I, Section 6, of the Charter of said City, the City of
Baytown does hereby abandon said public road or street adjoining
the Roseland Park tract on the West, as described in the field
notes attached to the aforesaid Contract of September 10, 19475
between Mrs. Rosie A. Kilgore and husband, E. R. Kilgore, and
said City (then the City of Pelly), and as called for in the
aforesaid Deed from said Mrs. Rosie A. Kilgore and husband,
E. R. Kilgore, to the City of Baytown, recorded in Volume 1781,
Page 477, of the Harris County Deed Records.
INTRODUCED, READ and PASSED by the affirmative vote
• of a majority of the City Council of the City of Baytown on
this the 24th day of March, 1955•
ATTEST:
Edna Oliver, City Clerk
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- . R: H. Pruett, Mayor
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® EXHIBIT "A"
FIELD NOTES FOR ROAD RIGHT OF WAY WEST OF
ROSELAND PARK ATTACHED TO CONTRACT DATED
SEPTEMBER 10, 19475 BETWEEN MRS. ROSIE A.
KILGORE) ET VIR., AND THE CITY OF BAYTOWN
(Containing 2.3 Acres of Land)
"BEGINNING at a point in the North line of that
certain tract of land owned by me and containing part of the
homestead site of my parents, Thomas Wright and Elizabeth
Ann Wright, lying in the William Scott Lower League in Harris
County, Texas, which point is also in the South Right -of -Way
line of West Texas Avenue; said point being S. 190 -0' W.,
70.00 Feet and N. 710 -0' W. 240.20 feet from the Southeast
corner of Lot 26, Block 2, of Danubina Acres Subdivision
according to the map thereof of record in the County Clerk's
office of Harris County, Texas; said point marking the P. C.
• of a curve to the left and being the point of beginning of
the tract herein conveyed;
THENCE, Southerly, around said curve with a 25 -foot
radius, to the left, for a distance of 38.23 feet to a point,
said point marking the P. T. of said curve and being 40 feet
Easterly, at right angles to the centerline of the proposed
80 -foot public road;
THENCE, S. 160-37' W. on a tangent to the last
described course, and 40 feet from and parallel with the
centerline of said 80 -foot road, a distance of 280.16 feet
to a point opposite the P. C. of a 100-00' curve to the right;
THENCE, continuing Southwesterly, 40 feet from and
parallel with the centerline of said 100-00' curve, a distance
of 299.64 feet to a point opposite the P. T. of said curve;
THENCE, S. 44° -37' W., on a tangent to the last
described course, and 40 feet from and parallel with the
centerline of said public road, for a distance of 57.10 feet;
THENCE,S. 45° -23' E., 10.00 feet, to a point which
is 50 feet easterly, at right ang]a; to the centerline of said
public road;
THENCE, S. 44° -37' W., and 50 feet from and parallel
with the centerline of said public road, a distance of 105.13
feet to a point opposite the P. C. of a 100-00' curve to the
left;
THENCE, continuing Southerly 50 feet from and parallel
with the centerline of said 10 0--00' curve, a distance of 206.96
feet to a point opposite the P. T. of said curve;
THENCE, S. 210-57' W., on a tangent to the last
described course and 50 feet from and parallel with the center-
line of said public road a distance of 69..51 feet to a point
in the present fence line;
THENCE, N. 691-02' W., along said present fence line
100.02 feet, to a point which is 50 feet Westerly, at right
angles to the centerline of said public road;
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THENCE, N. 210-57' E., and 50 feet from and
parallel with the centerline of said public road, a distance
of 71.23 feet to a point opposite the P. T. of the third
described curve;
THENCE, continuing Northerly, 50 feet from and
parallel with the centerline of said curve a distance of
246.52 feet to a point opposite the P. C. of said curve;
THENCE, N. 440-37' E., on a tangent to the last
described course and 50 feet from and parallel with the
centerline of said public road a distance of 105.13 feet
to a point;
THENCE, S. 450-23' E., 10.00 feet, to a point which
is 40 feet Westerly, at right anglfs to the centerline of
said public road;
is THENCE, N. 44o- 37I.E., and 40 feet from and parallel
with the centerline of said public road, a distance of 57.10
feet to a point opposite the P. T. of the second described
curve;
THENCE, continuing Northerly, 50 feet from and
parallel with the centerline of said curve a distance of
260.54 feet to a point opposite the P. C. of said curve;
THENCE, N. 16° -3T .E., on a tangent to the last
described course and 40 feet from _and parallel with the
centerline of-said public road a distance of 283.50 feet,
to a point, said point marking the P. C. of a curve to the
left;
THENCE, Northerly, around said curve with a 25 -foot
radius, to the left, for a distance of 40.04 feet to a
point,-said point marking the P. T. of said curve and being
in the South Right-of-way line of West Texas Avenue;
THENCE, S. 710-00' E., with the South Right-of-Way
line of West Texas Avenue for a distance of 130.01 to the
point of beginning, containing 2.3 acres of land, more or
less.
Field notes prepared from J. B. Nelson's Survey
of 8 -14 -47.11
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