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Ordinance No. 1,818E F3 C 0 0 ORDINANCE NO. 1818 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONVEYANCE OF RIGHTS OF WAY AND PIPELINE EASEMENTS UNDER, UPON, OVER, AND THROUGH LAND IN WHICH THE CITY OF BAYTOWN OWNS AN UNDIVIDED NINE - TENTHS (9/10) INTEREST AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO INSTRUMENTS GRANTING RIGHTS OF WAY AND PIPELINE EASEMENTS TO HOUSTON LIGHTING AND POWER COMPANY AND ARCO PIPE LINE COMPANY AND PROVIDING FOR THE EFFECTIVE.DATE HEREOF. WHEREAS, Houston Lighting & Power Company and Arco Pipe Line Company are in need of purchasing rights of way and pipeline easements upon, over, and through land owned by the City of Baytown; and WHEREAS, the City Council of the City of Baytown has determined that the City's use of the property in question will not be impaired by granting said rights of way and pipeline easements; and WHEREAS, Houston Lighting & Power Company and Arco Pipe Line Company have offered to pay the sum of Five Hundred and ..No /100 ($500.00) Dollars for said rights of way and pipeline easements under, upon, over, and through the property described in Exhibit "A" attached hereto, in which the City of Baytown owns an undivided Nine - Tenths (9/10) interest; and WHEREAS, the Tax Department of the City of Baytown has made an appraisal of said rights of way and pipeline easements and has determined that the offer of Houston Lighting /& Power and Arco Pipe Line Company is in excess of the fair market value of said rights of way and pipeline easements; and 4 C I• 0 LW 0 0 WHEREAS, Houston Lighting & Power and Arco Pipe Line Company have the power of eminent domain with the power to condemn property which it cannot purchase by agreement; and WHEREAS, in order to avoid the time consuming, tedious, and costly condemnation proceedings, the City Council of the City of Baytown deems that it is in the best interest of the City to convey the rights of way and pipeline easements in question in consideration of the above stated amounts; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: ` Section 1: That the City Council of the City of Baytown for the consideration herein set forth does hereby authorize the conveyance to Houston Lighting & Power Company and Arco Pipe Line Company of said rights of way and pipeline easements for the construction, laying, maintenance, operation, alteration, repairing, removal, changing of size and replacement of pipelines and appurtenances thereto under, upon, over, and through certain property in which the City of Baytown owns an undivided Nine - Tenths (9/10) interest and described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes. Section 2: That upon receipt of the consideration set forth herein, the Mayor is hereby authorized and directed to execute and the City Clerk to attest to instruments granting such rights of way and pipeline easements. Section 3: That the City Council hereby authorizes the acceptance of the sum of Five Hundred and No /100 ($500.00) Dollars as consideration for said rights of way and pipeline easements described in Exhibit "A." -2- Section 4: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this 26th day of June , 1975. ATTEST: ® EDNA OLIVER, City Clerk 0 0 APPROVED: NEEL R CHARDSON, City Attorney -3- TOM GENTRY, Mayor ® • ® • E X H I B I T "A" i 14JCi�m 4/30/75 . 4. r: EXHIBIT "A" ® A thirty (30) foot wide strip of land containing 0.262 of an acre of land out of a 372 acre tract of land in the Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, said 372 acre tract of land being the same property described by two (2) separate Deeds dated December 15, 1972, from Louis F. Bonner, Trustee and San Jacinto Wharf Company to the herein Grantors and recorded in the Official Public Records of Real Property, Harris County, Texas, bearing Film Code No.'s 155 -21 -0231 and 154 -39- 0069, respectively. Said thirty (30) foot wide easement is described by a centerline description as follows, all coordinates and bearings being referred to the Texas Plane Coordinate System South Central Zone as established by the U. S. Coast and Geodetic Survey in 1934 and based on the position of U. S. C. & G. S. triangulation ® station "Davis - 1900 ": X = 3,260,508.34; Y = 713,137.51: BEGINNING at a point having coordinates X = 3,254,808.06 and Y = 712,288.22, located in the southerly line of said 372 acre tract of land, same being the water's edge of the Houston Ship Channel, from which beginning point, a copper weld rod called the northwesterly corner of an 8.0574 acre tract of land conveyed to Humble Pipe Line Company by a Deed.recorded in Volume 6428, Page 442 of the Harris County Deed Records, same being an interior corner of said 372 acre tract of land, bears N. 79° 22' 10" E., 1436.97 feet; THENCE, N. 26 °.56' 10" E., a distance of 270.00 feet to a point for angle, from which point, said called copper weld rod, bears S. 620 28' 10" E., 346.39 feet; THENCE, N. 400 51' 40" E., a distance of 110.00 feet to the POINT OF TERMSNUS of the herein described centerline located in the northerly line of said 372 acre tract of land, same being the water's edge of Scott Bay. 0 K]