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Ordinance No. 8,639990722 -4 ORDINANCE NO. 8639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DISCONTINUING, ABANDONING FOR PUBLIC USE, AND CLOSING A 1.2433 ACRES OF RIGHT -OF -WAY OF MASSEY TOMPKINS ROAD EXTENSION BETWEEN STATE HIGHWAY 146 AND CEDAR BAYOU, BAYTOWN, HARRIS COUNTY, TEXAS; ABANDONING AND QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SAID PORTION OF MASSEY TOMPKINS ROAD; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND DELIVER CONVEYANCE TO THE ABUTTING OWNERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the 1.2433 acres of right -of -way of Massey Tompkins Road Extension between State Highway 146 and Cedar Bayou, Baytown, Harris County, Texas, is not now used by the public; and WHEREAS, no interest of the public requires that said portion of Massey Tompkins Road be improved or kept open; and WHEREAS, the interest of the public will be benefitted by the termination of any obligation on the part of the City of Baytown to maintain said portion of Massey Tompkins Road as a public right -of -way; and WHEREAS, the only known owners of property abutting or adjoining the above - described portion of Massey Tompkins Road have made application that same be discontinued, abandoned, and closed; and WHEREAS, it appears to be to the best interest of the City of Baytown, Texas, that the above - described portion of Massey Tompkins Road be discontinued, abandoned, and closed, and it further appears that the interest of no other owners of property adjacent to said right -of -way or of the public in general will be prejudiced or impaired thereby; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the above described portion of Massey Tompkins Road, Baytown, Harris County, Texas, be and the same is hereby discontinued and abandoned for public use, and the City of Baytown does for itself and for the public abandon and quitclaim all interest in and to the above - described portion of Massey Tompkins Road, and does hereby approve the application of said owners of the property abutting said portion of Massey Tompkins Road. Section 2: That the Mayor of the City of Baytown is hereby authorized and directed to execute and the City Clerk to attest and deliver an appropriate conveyance of said portion of Massey Tompkins Road to the owner or owners of property abutting same, upon receipt of proper compensation. 0 990722 -4a 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 22nd day of July, 1999. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, W, City Attorney C: \MyDocuments\ Council\ Meetings\ July \Abandon.MasseyTompkinsStr.doc 11 PETE C. ALFARO, Mayor 11