Ordinance No. 4,05850110 -14
ORDINANCE NO. 4058
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 LYDIA SMITH
CONKLIN; DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO INSTRUMENTS CONVEYING SAID LAND TO
LYDIA SMITH CONKLIN; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
WHEREAS, TEX. REV. CIV. STAT. art. 5421c -12 provides that any land or
interest therein which was originally acquired for the purpose of streets,
rights -of -way or easements which the political subdivision chooses to trade or
exchange as consideration for other land acquired for streets, rights -of -way or
easements, including transactions which may be partly for cash and partly by trade
or exchange may be without necessity of procedures and publication requirements
applicable in the sale of disposal of real property interests belonging to a political
subdivision; and
WHEREAS, as 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 the land being conveyed, sold or traded,
as determined by appraisal, which appraisal shall be conclusive of the fair market
value; and
WHEREAS, an independent appraiser hired by the City of Baytown has made
an appraisal of the lands and other valuable consideration to be exchanged by the
City of Baytown and Lydia Smith Conklin and has determined that the fair market
value of the lands and interest and other valuable consideration to be acquired by
the City of Baytown is not less than the fair market value of the lands and interest
to be conveyed to Lydia Smith Conklin by the City of Baytown; 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 hereby approves
the appraisal of Gerald A. Teel of $1.00 per square foot for the subject property.
Section 2: That the City Council of the City of Baytown does hereby
authorize the sale of land owned by the City of Baytown, Texas, described in
Exhibit "A," attached hereto, for land owned by the Lydia Smith Conklin as
described in exhibit "B," plus $1,132.00, and the Mayor and City Clerk are hereby
authorized to execute such instruments as are necessary to effect this exchange.
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Section 3: This ordinance shall take effect immediately 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 the 10th day of January, 1985.
ALLEN CANNON, Mayor
ATTEST:
EILEEN P. H LL, City Clerk
APPROVED:
" 01
RANDALL �-fB.-�SMON ity Attorney
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The surface only of a parcel of land out of the
Christian Smith Survey, Abstract No. 69, Harris County,
Texas; and being part of that certain tract of land
conveyed to Lydia Smith Conklin by deed recorded in
County Clerk's file No. D491769 of the Deed Records of
Harris County, Texas; and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod located at the
Southwest corner of the aforementioned Conklin
tract, said point also being located in the
existing North right -of -way line of Massey
Tompkins Road;
THENCE North 09 030'00" West along the West line of
said Conklin tract a distance of 3.09 feet to a
1/2 inch iron rod also being a point on curve to
the right;
THEW -E along the arc of said curve to the right,
having radius of 1390.00 feet, a central angle of
01 °17'40 ", an arc length of 31.40 feet, a long
chord which bears North 85 025111" East, a distance
of 31.40 feet, and a tangent length of 15.70 feet,
to a 1/2 inch iron rod being a point on said curve
in the said existing North right -of -way line of
Massey Tompkins Road;
THENCE South 79 046'19" West along said Massey
Tompkins existing North right -of -way line a
distance of 31.29 feet to the POINT OF BEGIr�NING,
and containing 50.205 square feet, or 0.0012 acres
of land, more or less.
HIESIT P)
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FIELD NOTES: CITY OF BAYTOi'N TO LYDIA SMITH CUNKLIN
BEING a parcel of land out of the Christian Smith Survey, Abstract Number 69,
Harris County, Texas, and being a portion of the Massey -- Tompkins Road right- of -way
in the City of Baytown, Texas, and being adjacent to and South of that certain
tract of land conveyed to Lydia Smith Conklin by deed recorded under Harris County
Clerk's file Number.D- 491767 and being more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the existing West right- of-Lay
line of Racoon Road with the existing North right -of -way line of Massey -
Tompkins Road, said point also being the Southeast corner of the above -
mentioned Conklin tract;
THENCE South 79 046119" West with the existing North right -of -way line of
Massey- Tompkins Road a distance of 138.71 feet to a 1/2 inch iron rod set
for the West corner of this tract;
T'r',�.NcE Easterly with a curve to the right, along the proposed North right -
of -way line of Xassey- Tompkins Road, said curve having a radius of 1390.00
feet, a chord bearing of North 88 034'22" East, a chord length of 121.53
feet, and a curvilinear distance of 121.58 feet to a 1/2 inch iron rod set
for the Southeast corner of this tract;
TKEENCE North 34 °46' 19" East a distance of 26.30 feet to the POINT OF
BEGINNING, enclosing a tract of land containing 1,182 square feet or
- 0.0271 acres.
EXH6ej- A