Ordinance No. 268•
ORDINANCE NO. 268
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF
10.439 ACRES OF LAND OUT OF THE WM. SCOTT
LOWER LEAGUE, ABST. NO. 65, IN HARRIS COUNTY,
TEXAS, TO BESSIE J. BUSCH AND ETHEL KILGORE
SCHUMACHER, AS THEIR SEPARATE PROPERTY AND
ESTATE, AND AUTHORIZING THE MAYOR AND CITY
SECRETARY TO EXECUTE AND DELIVER A SPECIAL
WARRANTY DEED TO SAID LAND.
WHEREAS, by Deed of Gift dated September 10, 1947,
recorded in Volume 1781, Page 477, of the Deed Records of
Harris County, Texas, Mss. 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; 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 as platted from said field notes does not extend
to the South line of the Roseland Park tract; and such road,
as so platted in said field notes, conflicts with and casts
a cloud upon the title to the 10.439 acre tract lying North
and West of the Roseland Park tract, which tract is now
owned by Bessie J. Busch and Ethel Kilgore Schumacher, the
daughters of the said Mrs. Rosie A. Kilgore and her successors
in title, and which tract is situated in the WM. SCOTT LOWER
LEAGUE, Abst. No. 65, in Harris County, Texas, a part of the
150 acre tract allotted to Mrs. Rosie A. Kilgore in Partition
a
Deed dated December 30, 1932, recorded in Volume 915, Page
505, of the Harris County Deed Records, and is more particular-
ly described as follows, to -wit:
,BEGINNING at a point on the Westerly waters
edge of Cedar Bayou, located 35.0 ft. South 190 00'
West and 679.52 ft. South 710 00' East from the South-
east corner-of Lot 26, Block 2, of Danubina Acres
Subdivision, according to the map or plat of said
Subdivision recorded in Vol. 15, Page 33, of the Harris
County Map Records, said point being the Northeast
corner of the 150 acre tract allotted to Mrs. Rosie
A. Kilgore in Partition Deed dated December 30, 1932,
recorded in Vol. 915, Page 505, of the Harris County
Deed Records, and also being the Northeast corner of
the tract herein described;
THENCE North 710 00' West; at 71.15 ft. pass
a 3/41' iron rod, in all 468.0 ft. to a 5/811 iron rod
on the Southeasterly right -of -way line of East Texas
Avenue where same turns North;
ME
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THENCE in a Northwesterly direction along the
arc of a curve to the right, having a radius of 351.56
ft. through a central angle of 25° 471 a distance of
158.20 ft. to a 5/811 iron rod marking the point of
tangent on the South line of East Texas Avenue;
THENCE North 710 00' West with the South line
of East Texas Avenue 70.0 ft. wide, a distance of 353.14
ft. to a 5/811 iron rod for corner on the South line of
said East Texas Avenue;
THENCE with the Easterly right -of -way line
of a road along the arc of a curve to the left, having
• radius of 25.0 ft. through a central angle of 920 23'
• distance of 40.31 ft. to a 5/811 iron rod marking the
point of tangent;
THENCE continuing with the Easterly right-of-
0
way line of said road South 160 37t West 279.17 ft. to
a 5/8" iron rod marking the point of curve;
THENCE continuing with said Easterly right-of-
way line along the arc of a curve to the right having a
radius of 612.96 ft. through a central angle of 280 001
a distance of 299.55 ft. to a 5/8" iron rod marking the
point of tangent, same being the Southwest corner of
this tract on the North side of a gully;
THENCE South 690 091 East 338.89 ft. to a
5/8" iron rod in said gully for the lower Southeast
corner of this tract;
THENCE North 190 001 East 235.0 ft. to a 5/811
iron rod for re- entrant corner of this tract;
THENCE South 71 0.00' East; at 687.18 ft. pass
a point whence a 1t1 iron pipe in said gully bears South
120 00' West 0.5 ft., in all 720.0 ft. to the Westerly
waters edge of Cedar Bayou for the Southeast corner of
® this tract;
and
THENCE upstream along the Westerly waters
edge of Cedar Bayou with all of its meanders to the
PLACE OF BEGINNING, and containing 10.439 acres of land;
WHEREAS, under and by virtue of the authority vested
in said City and City Council thereof pursuant to Article I,
Section 3, of the Charter of said City, the City of Baytown
desires to execute and deliver a Special Warranty Deed convey-
ing said 10.439 acre tract to the said Bessie J. Busch and
Ethel Kilgore Schumacher, as their separate property and
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estate, in order to remove the cloud cast upon the title
to said 10.439 acre tract; 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 the City Council thereof
pursuant to Article I, Section 3, of the Charter of said
City, the said 10.439 acre tract shall be conveyed by the
City of Baytown to said Bessie J. Busch and Ethel Kilgore
• Schumacher, as their separate property and estate, by Special
Warranty Deed.
Section 2. THAT, the Mayor and City Secretary be
and they are hereby authorized, directed and ordered to execute
and deliver on behalf of the City of Baytown a Special Warranty
Deed conveying said 10.439 acre tract of land, as hereinbefore
described, to said Bessie J. Busch and Ethel Kilgore Schumacher,
as their separate property and estate, and to cause the official
Corporate Seal of the City of Baytown to be affixed thereto.
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•
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R. H. Pruett, Mayor
ATTEST:
ro
Edna Oliver, City Clerk