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Ordinance No. 9,937ORDINANCE NO. 9937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF THE SIXTEEN -FOOT REAR LOT EASEMENT FOR LOTS 1 THROUGH 54 IN THE TRAILWOOD SUBDIVISION, HARRIS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENTS AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, there are a certain sixteen -foot dedicated utility easements running along the rear of Lots 1 through 54 in the Trailwood Subdivision, Harris County, Texas; and WHEREAS, the City has received releases from utility companies releasing their interests in the easement; and WHEREAS, the dedicated utility easements running along the rear of Lots 1 through 54 in the Trailwood Subdivision, Harris County, Texas, are no longer necessary for the City as its utilities are located along Trailwood Drive; and WHEREAS, contingent upon receipt of payment as required in Section 2 -767 of the Code of Ordinances, Baytown, Texas, the City is willing to abandon portions of the above - referenced easement for which payment has been received; 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, Texas, hereby authorizes the abandonment of the sixteen -foot utility easements in the rear of Lots 1 through 54 of the Trailwood Subdivision, Harris County, Texas, contingent upon the payment of fair market value or ONE HUNDRED AND NO/ 100 DOLLARS ($100.00), whichever is greater. Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the fair market value of the sixteen -foot utility easement is determined to be 25% of the value of the land upon which the easement is located as determined by the latest certified appraised value of the Harris County Appraisal District. Section 3: That upon receipt of the payment as required in Section l hereof, the Mayor is hereby granted the general authority to execute a quit claim deed, conveying its interest to the property owner making such payment. Section 4: 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 11 `h day of November, 2004. CALVIN MUNDINGER, Mayor ATTEST: GAR W. SMI-H, City Clerk APPROVED AS TO FORM: ar,WACIO RAMIREZ, S ity Attorney 40 \ \Bdc2 \litigation \Karen \Files \City Council\ Ordinances\ AbandonmentTraiI wood Ease ment .doc