Ordinance No. 2,2337566
ORDINANCE NO. 2233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE EXCHANGE OF LAND OWNED BY THE
CITY OF BAYTOWN FOR LAND OWNED BY P. J. KUEHN, JR.
ET UX LINDA KAY KUEHN; DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO INSTRUMENTS CONVEYING
SAID LAND TO P. J. KUEHN, JR. ET UX LINDA KAY KUEHN,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 provides that
narrow strips of land and streets and alleys may be sold by
the City to abutting property owners without the necessity
of publication of notices and taking of bids; and
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 further provides
that any conveyance, sale or trade made pursuant to the
provisions thereof shall never be made for less than the
fair market value of the land or interest in land being
conveyed, sold or traded as determined by an appraisal,
which appraisal shall be conclusive of the fair market
value; and
WHEREAS, Tax Assessor - Collector of the City of Baytown
has made an appraisal of the lands and other valuable con-
sideration to be exchanged by the City of Baytown and P. J.
Kuehn, Jr. et ux Linda Kay Kuehn and has determined that the
fair market value of the lands and other valuable consideration
to be acquired by the City of Baytown is not less than the
fair market value of the land to be conveyed to the said P.
J. Kuehn, Jr. Linda Kay Kuehn by the City of Baytown; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
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Section l: That the City Council of the City of Baytown
hereby accepts the appraisal of the Tax Assessor - Collector
of the City of Baytown which is attached hereto marked
Exhibit "A ".
Section 2: That the City Council of the City of Baytown,
Texas, does authorize the exchange of land owned by the City
of Baytown described in Exhibit "B," attached hereto, for
land owned by P. J. Kuehn, Jr. et ux Linda Kay Kuehn described
in Exhibit "C," attached hereto, and the Mayor and the City
Clerk are hereby authorized to execute such instruments as
are necessary to effect this exchange.
Section 3: That the City of Baytown hereby authorizes
the acceptance of a deed to property described in Exhibit
"C," hereto from P. J. Kuehn, Jr. et ux Linda Kay Kuehn in
consideration for the conveyance of the property described
in Exhibit "B ".
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 12th day
of May 1977.
TOM GENTRY, Mayor
ATTEST:
EILEE P. HALL, Ci y Clerk
APPROVED:
NEEL R CHARDSON, City Attorn
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E X H I B I T "All
m
7568
7569
M E M O R A N D U M
May 12, 1977
TO: Fritz Lanham, City Manager
FROM: Glen R. Erwin, Staff Appraiser, Assessor /Collector
SUBJECT: Appraisal of Property Involved in Trade With
P. J. Kuehn
This report on the determination of the "Fair
Market Value" of property is made in compliance with Article
5421c -12, Sections 2 and 4, dealing with the conveyance,
sale or trade of City property.
I have made an analysis of the relevant data and -
as a result, it is my opinion that the fair market value
of the property being received (Exhibit "B ") by the City is
not less than the fair market value of the land being
conveyed (Exhibit "C ") by the City.
el t
Q&e6nR. Erwin
Im
0
E X H I B I- T "B"
i;
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Being a tract of land out of a .165 acre tract conveyed to
the City of Baytown by H. S. Gore and wife as recorded in
the Deed Records of Harris County, Texas, File No. 1518690,
as more particularly described by metes and bounds as follows:
Beginning at the northeast corner of said tract and
being located on the east right of way line of a said 2
acre Gore tract as recorded in the Deed Records of
Harris County, Texas, Volume 1800, Page 67, and being
127.46 feet from the north corner of said Gore tract;
THENCE, south 90 59' east with the east line of the
Gore tract a distance of 33.51 feet;
THENCE, south 800 01' east over and across the Gore
tract a distance of 120.21 feet to the west line of the
Gore tract;
THENCE, north 270 18' east along the west line of the
Gore tract to the southwest corner of the P. J. Kuehn
and Linda K. Kuehn tract;
THENCE, north 890 53' east along the south line of the
Kuehn tract a distance of 103.18 feet to the point of
beginning and containing .083 acres of land more or
less.
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EXHIBIT "C"
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Being a certain portion of land out of a tract conveyed to P. J. Kuehn, Jr.
and Linda K. Kuehn by deed dated February 25, 1977, and recorded in volume 5429
at page 333 of the Deed Records of Harris County, Texas, and being further de-
scribed by the following metes and bounds; Beginning at the southeast corner
of said Kuehn tract;
Thence, north with the east right of way line of said tract a distance of 50
feet;
Thence, west parallel to the south right of way line a distance of 60 feet to
the west right of way line of said tract;
Thence, south with the west right of way line a distance of 50 feet to the
south right of way line;
Thence, east with the south right of way line a distance of 60 feet to the
point of beginning; and enclosing approximately 3,000 sq. ft.
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