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Ordinance No. 8,89820000427 -9 ORDINANCE NO. 8898 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT A PORTION OF A UTILITY 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 certain dedicated utility easement located in Reserve "A" of Baytown Central Subdivision at the site of the new proposed Wal -Mart store; and WHEREAS, S/C Management Company No. 26 LTD., is the affected landowner and has made application that the sixteen -foot (16') easement be discontinued, closed and abandoned as a dedicated utility easement; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council of the City of Baytown hereby closes, abandons and permanently vacates that dedicated utility easement which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 2: That the interest or interests of the City and/or the public in the above - described portion of said easement, as shown in Exhibit "A" attached hereto, is hereby quitclaimed to the owner for and in consideration of the sum of FIVE THOUSAND FIVE HUNDRED SEVENTY -FIVE AND 68/100 DOLLARS ($5,575.68). Section 4: That the Mayor and City Clerk are hereby authorized to execute such instruments, if any, necessary for such abandonment and sale. Section 5: 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 27`'' day of April, 2000. PETE C. ALFARO, Mayor ATTEST: GAW W. SMITH, City Clerk APPROVED AS TO FORM: ACID RAMIREZ, SR., jy Attorney c:NyDocumenls\ Council1 99- 00W.bandonEasement4 W alManStom.doc 0R -20 -2000 I HU 04: 1 y M UUU(,L I& H�:)L)uu l Nu r nn 1W. j t c Jo J cuu i Easement Vacation Description Wal -Mart Stores, Inc. 0.256 Acres Baytown, Texas Page 1 of 2 EASEMENT VACATION DESCRIPTION BEING 0.256 ACRES OF LAND, OUT OF RESERVE 'A', BAYTOWN CENTRAL, THE PLAT RECORDED UNDER FILM CODE No. 356065 OF THE- MAP RECORDS OF HARRIS COUNTY, TEXAS; SAID 0.256 ACRE TRACT BEING OUT OF THE HARVEY WHITING SURVEY, ABSTRACT No. 840, IN HARRIS COUNTY,.TEXAS, ACCORDING TO, AND BEING PART OF THAT CERTAIN 94,326 ACRE TRACT, CONVEYED TO S/C MANAGEMENT No. 26, LTD. AS RECORDED IN VOLUME 7614, PAGE 467 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; SAID 0.256 ACRE TRACT ALSO BEING PART OF THE SIXTEEN (16) FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE WEST LINE OF SAID RESERVE 'A', AS SHOWN ON SAID PLAT, SAID 0.256 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod with yellow.cap marked "ACCUSURVE AUSTIN TEXAS" found in the north line of a drainage ditch conveyed to Harris County Flood Control District under County Clerk's File No. G405745, for the southwest corner of said Reserve A, Baytown Central subdivision, also being the southeast corner of Restricted Reserve B, Wal -Mart Addition II, as recorded in Volume 325, Page 86 of the Map Records of Harris County, Texas; THENCE, along the east line of said Reserve B, Baytown Central, being the west line of said Restricted Reserve B, Wal -Mart Addition II, North 01' 38' 57" West, a distance of 16.00 feet to the southwest corner and POINT OF BEGINNING of the tract herein described; THENCE, North 01' 38' 57" West, along the common line of said Reserve B, Baytown Central and Restricted Reserve B, Wal -Mart Addition II, a distance of 280.87 feet passing the northeast corner of said Restricted Reserve B, Wal -Mart Addition II for a total of 697.71 feet to the northwest corner of this tract, from which a 1/2" iron rod with yellow cap marked "ACCUSURVE AUSTIN TEXAS" on the right -of -way line Lynchburg -Cedar Bayou Road (ROW varies) at the northwest corner of said Reserve B, Baytown Central bears North 010 38' 57" West, a distance of 30.00 feet; THENCE, leaving the west line and crossing said Reserve A, Baytown Central, the following three (3) courses: 1. With a curve to the left, having a central angle of 000 35' 21 ", a radius of 1529.39 feet, and a long chord bearing of South 880 02' 26" East, 16.03 feet, for an arc distance of ® 16.03 feet to the northeast corner of the herein described tract; AccuSurvc, Inc. P(ofe3 ?;on3I Land SuNcyina 5121 8ca Cavas Aced. S,dlc 202 - Au:6n, 7,:0: 79716 - MOM4 (5121 306G112 - r�e (S12) Sa3.2co1 EXHIBIT A AH-2U -�UUU IHU U4;ZU r1'1 UUUUrI a HJL)UU uvU rnn r;v. jic Easement Vacation Description 0.256 Acres Page 2 of 2 2. South 01' 38' 57" East, a distance of 696.70 feet; 3. South 880 20'48" west, a distance of 16.00 feet to the POINT OF BEGINNING, containing 0.256 acres of land, more or less. The above description accurately represents a survey made on the ground by AccuSurve, Inc, during the month of March, 2000. Bearings herein are based on the plat of Baytown Central subdivision, as referenced herein. Date: 04/10/00 Revised: 04/20/00 Job No: 001 -126 Tech: Johnston Description: Johnston r%13� O F ROBERT E. HYSMITH 9'ex r- /&6 Robert E. Hysmith Registered Professional Land Surveyor No. 5131 State of Texas AccuSurvs, Inc. Pro(c.slonal lanJ Survu,�nq 5121 Bco covey Road, 5wle 202 - A— n. Tv�; 704C • Pnoa: (512) X6 -3-iQ • Fir (312) 553•2cdt