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Ordinance No. 5,00580512 -3 ORDINANCE NO. 5005 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING THAT A PORTION OF A FIRE LANE EASEMENT BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF THE CITY'S INTEREST IN SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, there is a portion of a certain dedicated fire lane easement which runs between Lots 12 and 13 of Roseland Manor Duplexes; and WHEREAS, Roseland Manor Duplexes is the abutting land owner and has made application that a portion of such easement be discontinued, closed and abandoned as a fire lane easement; and WHEREAS, Roseland Manor Duplexes has offered ONE HUNDRED AND N01100 ($100.00) DOLLARS for the value of a portion of the fire lane easement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.: Section 1: The portion of the fire lane easement to be abandoned is described as a 28 foot wide and 10 foot long portion of a fire lane easement. A description of the portion of such 40 utility easement to be abandoned is attached hereto and marked Exhibit "A." Section 2: That portion of the dedicated fire lane easement described above is hereby closed, abandoned, and permanently vacated as a dedicated fire lane easement. The City retains, however, the underground portion of such easement for the use, maintenance, repair, and /or construction of utility lines and appurtenances. This abandonment is only as to the surface use of the described property as a fire lane. Section 3: That the City of Baytown hereby accepts as the value for such portion of fire lane easement, payment by Roseland Manor Duplexes, of the sum of ONE HUNDRED AND N01100 ($100.00) DOLLARS. Section 4: That the interest or interests of the City and/or public in the portion of the above described fire lane easement (and as shown in Exhibit "A" attached hereto) is hereby quitclaimed to the adjacent owner for and in consideration of the above amount. Section 5: That the Mayor and City Clerk are hereby authorized to execute such instruments, if any, necessary for such abandonment and sale. C 80512 -3a ATTEST: EILEEN P. HALL, City Clerk RANDALL B. STRONG, Ci Attorney C:1:5:16 Section 6: from and after This ordinance shall take effect its passage by the City Council of immediately the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12th day of May, ® 1988. EMMETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk RANDALL B. STRONG, Ci Attorney C:1:5:16 • C 80512 -3b EXHIBIT Legal Description for Fire Lane Easement to be Abandoned on Charles Avenue ® Beginning at a point on the west right -of -way of Tri- Cities Beach Road, said point also being the southeast property corner of Lot 12 of the Roseland Manor Subdivision, Baytown, Texas. Thence, S 21°21'54" W, a distance of 28 feet along the west right -of- way of Tri- Cities Beach Road to the northeast property corner of Lot 13 of said subdivision, Thence, N 70'51112" W a distance of 10 feet along the south right -of- way of Charles Avenue, Thence, N 21 °21154" E a distance of 28 feet to a point on the north right -of -way of Charles Avenue, Thence, S 70 °51112" E a distance of 10 feet to the Point of Beginning, and encompassing an area of 280 square feet more or less. r 0 •