Ordinance No. 2,94500724 -9
ORDINANCE NO. 2945
AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE
AND CLOSING A PUBLIC DRIVE EASEMENT IN THE COLONY
MADRID SUBDIVISION IN THE CITY OF BAYTOWN; AUTHORIZING
QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND
THE PUBLIC IN AND TO SUCH PUBLIC DRIVE EASEMENT; AND
DIRECTING THAT THE COUNTY CLERK OF HARRIS COUNTY,
TEXAS, SO INDICATE ON THE RECORDED PLAT OF SAID SUB-
DIVISION.
WHEREAS, the following described property is not now
being used by the public, to -wit:
A parcel or tract of land described as a public drive
easement on the plat of the Colony Madrid Subdivision
as recorded in Volume 189, Page 31 of the Map Records
of Harris County, Texas, being more particularly des-
cribed as a 20 -foot wide strip of land adjacent and
parallel to the easternmost property lines of Lots 1,
2, and 3 of said subdivision; a 23 -foot wide strip of
land adjacent and parallel to the northernmost property
line of Lots 32, 33, 34, 35, 36, 37 and 38 of said
subdivision; and a 23 -foot wide strip adjacent and
parallel to the easternmost property line of Lot 38;
and containing 9,568 square feet of land, more or less;
and
WHEREAS, all of the abutting property is owned by the
person requesting abandonment of said public drive easement;
and
WHEREAS, no interest of the public requires that said
public drive easement be retained; and
WHEREAS, the abutting property owner wishes to purchase
the property by dedicating it to the City of Baytown as an
underground utility easement and paying to the City the
difference in value between the public drive easement and an
underground utility easement or $100.00, whichever is more;
and
WHEREAS, the City Council finds and determines that the
difference on the fair market value between the two types of
easements is .090, per square foot; NOW THEREFORE,
00724 -9a
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the following described property:
A parcel or tract of land described as a public drive
easement on the plat of the Colony Madrid Subdivision
as recorded in Volume 189, Page 31 of the Map Records
of Harris County, Texas, being more particularly des-
cribed as a 20 -foot wide strip of land adjacent and
parallel to the easternmost property line of Lots 1, 2,
and 3 of said subdivision; a 23 -foot wide strip of land
adjacent and parallel to the northernmost property line
of Lots 32, 33, 34, 35, 36, 37 and 38 of said subdivi-
sion; and a 23 --foot wide strip adjacent and parallel to
the easternmost property line of Lot 38 and containing
9,568 square feet of land, more or less
be discontinued and abandoned for public use as a public
drive easement.
Section 2: That upon receipt of consideration for the
fair market value of the property, the Mayor and City Clerk
are hereby authorized to execute and attest to any instruments
necessary to abandon and quitclaim the City's interest in
said right -of -way to the abutting landowners.
Section 3: The County Clerk of Harris County, Texas,
is directed to write across the corresponding portions of
said plat the word "closed" and also make reference on the
same to the volume and page at which this ordinance is
recorded.
Section 4: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 24th day of
July 1980.
I�IMIETT O. HUT TO, M or
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City torney
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