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Ordinance No. 6090 ORDINANCE NO. 609 AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE AND CLOSING A DESCRIBED PORTION OF BAYTOWN AVENUE (SOMETIMES REFERRED TO AS TEXAS AVENUE EXTENSION) IN THE CITY OF BAYTOWN AND ABANDONING'AND QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC INAND TO THE SAID STREET AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONVEYANCE OF SAID INTEREST TO ABUTTING OWNERS WHEREAS, the following portion of Baytown Avenue (Texas Avenue Extension) in the City of Baytown, Harris County, Texas, is not now used by the public, to --wit: and All of that certain tract or parcel of land con- taining 0.909 acre, more or less, situated in the William Scott Upper League, being that portion of Baytown Avenue (Texas Avenue Extension) situated west of the present west line of Airhart Drive as described in right of way deed from Amelia Z. Airhart to Harris County dated January 15, 1929, recorded in Volume 788, Page 341 of the Deed Records of Harris County, Texas, as amended by instrument dated June 4, 1929, recorded in Volume 804, Page 283 and instrument dated May 29, 1929, recorded in Volume 8011 Page 574 of the Deed Records of Harris County, Texas, said 0.909 acre being bounded on the west by Humble Oil & Refining Company's Baytown Refinery property; on the south by the north line of Goose Creek - Lynchburg Road; on the east by 0.18 -acre tract conveyed by Amelia Z. Airhart to Humble Oil & Refining Company on May 23, 19600 and by the west right of way line of Airhart Drive; WHEREAS, no interest of the public requires that said street be improved or kept open, but the needs of the public will be adequately served by the use of Airhart Drive; and is WHEREAS, tYe;int'erest of the public will be benefited by the termination of any obligation on the part of the City of Baytown to repair, improve and maintain said street as a public way; and WHEREAS, Humble Oil & Refining Company, the only owner of prop- erty abutting or adjoining the above - described street, has made application that the same be discontinued, closed and abandoned as a street; and WHEREAS, it appears to be to the best interest of the City of Baytown, Harris County, Texas, that the above - described street be discontinued, closed and abandoned, and it further appears that the interest of no other owners of property will be prejudiced or impaired thereby; NOW, THEREFORE, be it ordained by the City Council of the City of Baytown, Texas, that the above - described street in the City of Baytown, Harris County, Texas, be and the same is hereby discontinued, closed and abandoned for public use, and the City of Baytown does • For itself and for the public abandon and quitclaim all interest in and to the above- described street and does hereby approve the application of said owner of the property abutting said street, and the Mayor is hereby authorized to execute and the City Clerk to attest an appropriate conveyance to Humble Oil & Refining Company of said above - described street. INTRODUCED, READ and PASSED by a majority vote of the City Council " of the City of Baytown this day of IT , 1960. ATTEST: • City Clerk K] -2- `7 a R. , Prue a yor THE STATE OF TEXAS. KNOW ALL MEN BY THESE PRESENTS: THAT, COUNTY OF HARRIS August 11, 1960 WHEREAS, under date of , 1960, the City Council of the City of Baytown duiraE31517U-17-5FUTHance discontinuing and abandoning a portion of Baytown Avenue (Texas Avenue Extension) hereinafter more particularly described and directing that the Mayor and City Clerk execute appropriate conveyance to the abutting owner, said Ordinance being approved by the Mayor of the City on August 11 , 1960, and being Ordinance No. 009 , reference 'co said Ordinance is here made for all purposes; and WHEREAS, Humble Oil & Refining Company is the owner of all prop- erty abutting upon the street so closed, discontinued and abandoned; NOW, THEREFORE, for and in consideration of the premises and the sum of ONE DOLLAR ($1.00) cash to it in hand paid by Humble Oil & Refining Company, the receipt of which is hereby acknowledged, the City of Baytown, Harris County, Texas, acting by and through R. H. Pruett, its Mayor, and Edna Oliver , its City Clerk, for itself and for the public 'has bargained, sold and conveyed and by these presents does bargain, sell and convey unto Humble Oil & Refining Company, its successors and assigns, all the right, title and interest in and to the following described street accruing to the City of Baytown and the public, to-wit: All of that certain tract or parcel of land con- taining 0.909 acre, more or less, situated in the William Scott Upper League, being that portion of Baytown Avenue (Texas Avenue Extension) situated west of the present west line of Airhart Drive as described in right of way deed from Amelia Z . Airhart to Harris County dated January 15, 1929, recorded in Volume 788, Page 341 of the Deed Records of Harris County, Texas, as amended by instrument dated June 4, 1929, recorded in Volume 804, Page 283 and instrument dated May 29, 1929, recorded in Volume 801, Page 574 of the Deed Records of Harris County, Texas, said 0.909 acre being bounded on the west by Humble Oil & Refining Company+s Baytown Refinery property; on the south by the north line of Goose Creek-Lynchburg Road; on the east by 0.18-acre tract conveyed by Amelia Z. Airhart to Humble Oil & Refining Company on May 23, 1960, and by the west right of way line of Airhart Drive; TO HAVE AND TO HOLD the above-described premises and the appur- tenances thereunto' belonging unto the said Humble Oil & Refining Company, its successors and assigns, forever, it being understood, however, that this conveyance is made without warranty of title either expressed or implied. IN TESTIMONY WHEREOF the City of Baytown has caused these presents to be executed this the 15 day of August , 1960. F _ ( rV ,00.✓(46.- R. . Prue Mayor ATTEST: CS: 4r . ,e(ik- N-L/0 City Clerk •• . '1 ' • THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared R. H. PRUETT, Mayor of the City of Baytown, Harris County, Texas, known to me to be the identical person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City of Baytown. GIVEN U pER MY. HAND AND SEAL OF OFFICE this the /Li', day of .f..lrt,,47/ e 1960. o'cary 'u lic In and i`or Harris County, Texas My Commission Expires � /. / V/ THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ,ME,, the unde ed authority, on this day personally appeared ,7 , City Clerk of the City of Baytown, Harris County, exas, known to me to be the identical person whose name is subscribed to the foregoing..instrument,. and acknowledged to me that z.he. executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City of Baytown. UNDER MY HAND AND SEAL OF OFFICE this the . 115 day of , 1960 Notary Public in 'and for . Harris County, Texas My Commission Expires ` //‘