Ordinance No. 3,00401023 -8
ORDINANCE NO. 3004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 2986; DISCONTINUING,
ABANDONING FOR PUBLIC USE, AND CLOSING A PUBLIC UTILITY
EASEMENT IN THE WHISPERING PINES SUBDIVISION IN THE
CITY OF BAYTOWN; AUTHORIZING QUITCLAIMING ALL INTEREST
OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SUCH
PUBLIC UTILITY EASEMENT; AND DIRECTING THAT THE COUNTY
CLERK OF HARRIS COUNTY, TEXAS, SO INDICATE ON THE
RECORDED PLAT OF SAID SUBDIVISION.
WHEREAS, Ordinance No. 2986 was passed on October 9,
1980, and it has been discovered that such description of
the utility easement was in error; and
WHEREAS, the proper description of the property being
used by the public is as follows, to wit:
and
A parcel or tract of land described as a public utility
easement on the plat of the Whispering Pines Subdivision
as recorded in Volume 186, Page 102, of the Map Records
of Harris County, Texas, being more particularly described
as a 10 -foot wide strip of land adjacent and parallel
to the northernmost property line of Section 1, Lot 24,
of said subdivision and also adjacent and running
parallel to the southernmost property line of a 75 -foot
Harris County Flood Control Easement, save and except
for the easternmost 25 feet of said easement, and as
further shown by the map or plat attached hereto for
all purposes and described as Exhibit "A ";
WHEREAS, all of the abutting property is owned by the
person requesting abandonment of said public utility easement;
and
WHEREAS, no interest of the public requires that said
public utility easement be retained; and
WHEREAS, the abutting property owner wishes to purchase
the property; and
WHEREAS, the City Council finds and determines that the
fair market value of the easement is $100.00; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
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01023 -8a
Section l: That Ordinance No. 2986 which was passed on
October 9, 1980, is hereby repealed.
Section 2: That the following described property:
A parcel or tract of land described as a public utility
easement on the plat of the Whispering Pines Subdivision
as recorded in Volume 186, Page 102, of the Map Records
of Harris County, Texas, being more particularly described
as a 10 -foot wide strip of land adjacent and parallel
to the northernmost property line of Section 1, Lot 24,
of said subdivision and also adjacent and running
parallel to the southernmost property line of a 75 -foot
Harris County Flood Control Easement, save and except
for the easternmost 25 feet of said easement, and as
further shown by the map or plat attached hereto for
all purposes and described as Exhibit "A"
be discontinued and abandoned for public use as a public
utility easement.
Section 3: 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 4: 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 5: 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 23rd day
of October , 1980.
ATTEST: E ,ZET 0. HUTTO, Mayor
!ILEEN P. HALL, City Cleirk
APPROVED:
RANDALL B. STRON , City torney
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