Ordinance No. 10,131ORDINANCE NO. 10,131
® AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT OF A PORTION OF A
SIXTEEN -FOOT UTILITY EASEMENT AND AN EIGHT -FOOT UTILITY
EASEMENT ALONG A NORTH LINE IN EASTPOINT SUBDIVISION
SECTION 1, 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 is a sixteen -foot utility easement and an eight -foot utility easement
along a north line in Eastpoint Subdivision Section 1, Harris County, Texas; and
WHEREAS, Goose Creek Consolidated Independent School District and Seabird
Properties have petitioned the City for the abandonment of a portion of the two utility easements;
and
WHEREAS, the City has received releases from utility companies releasing their
interests in the easement; and
WHEREAS, the utility easements subject to the petition for abandonment referenced
herein are no longer necessary for the City; 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 a portion of a sixteen -foot utility easement and an eight -foot utility easement
along a north line in Eastpoint Subdivision Section 1, Harris County, Texas, contingent upon the
payment of fair market value or ONE HUNDRED AND NO 1100 DOLLARS ($100.00),
whichever is greater. Said abandoned easements are more particularly depicted in Exhibit "A,"
which is attached hereto and incorporated herein for all intents and purposes.
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 I 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 th day of August, 2005.
C_�
CALVIN MUNDINGER, May
ATTEST:
C,AR W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,&Jty Attorney
0 RAKaren \Files \City CouncikOrdinances000MAugust I I\ AbandonmentUti lityEasement4GCCISD.doc
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OF
EASEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, under the platting and dedication of that certain subdivision known
as Eastpoint Subdivision, Section One, certain utility easements were dedicated as
reflected by the official plat of said subdivision, recorded in Volume 311, Page 3 of the
Map Records of Harris County, Texas; and,
WHEREAS, CenterPoint Energy Houston Electric, LLC and CenterPoint
Energy Resources Corporation, d /b /a CenterPoint Energy Texas Gas Operations has
been requested by the present owners of Reserve "D" in said subdivision to release its
right of use of that portion of the dedicated easements specified in the next paragraph of
this instrument, which CenterPoint Energy Houston Electric, LLC and CenterPoint
Energy Resources Corporation, is willing to do;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That in
consideration of the premises, CenterPoint Energy Houston Electric, LLC and
CenterPoint Energy Resources Corporation, has RELEASED, and does by these
presents FOREVER RELEASE, all of its right of use of the following portion of the
aforesaid dedicated easements, which released portion is described as follows:
S:1uSERS%0Wio835Mo6REL7284Z.1 c@2.doc
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® The most westerly 135.0 feet of that dedicated sixteen (16)
foot wide easement, together with its adjoining aerial
easement, centered on the northerly line of Reserve "D ".
This is a partial release, which affects only that part of the easement
described in the preceding paragraph and which does not in any manner affect
CenterPoint Energy Houston Electric, LLC and CenterPoint Energy Resources
Corporation, right to use the remainder of the dedicated easements in the aforesaid
subdivision.
EXECUTED this l CO — day of 2005.
CENTERPOINT ENERGY HOUSTON ELECTRIC,
LLC AND CENTERPOINT ENERGY RESOURCES
CORPORATION, d /b /a CENTERPOINT ENERGY
TEXAS GAS OPERATIONS
Sandra B. Goodall
Supervisor Records Management
Surveying & Mapping Division
Agent & Attorney -in -Fact
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on l.(lkU -, / �O , 2005, by
Sandra B. Goodall, Supervisor Records Management A Surveying & Mapping Division
of CenterPoint Energy Houston Electric, LLC, Agent and Attorney -in -Fact of CenterPoint
Energy Resources Corporation, d /b /a CenterPoint Energy Texas Gas Operations on
behalf of said corporation.
RETURN TO:
SURVEYING & MAPPING DIVISION
CENTERPOINT ENERGY
P.O. BOX 1700
HOUSTON, TEXAS 77251
S:IU S E RS100010835To0RE V 284 Z. 1@2.0m
06113!95
lotary's Signature
r�0�1LISA D. ADAMS Notary Public, State of Texas
2 S qty Commission Expires 313012006
45 Job REL7284Z.2 @2
Map 6360C
• RELEASE.
OF
EASEMENT
STATE OF TEXAS §
COUNTY OF HARRIS§
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, by instrument dated the 10th day of June, 1983, and filed under
County Clerk's Number H992699 and Film Code 049 -88 -0596 of the Official Public
Records of Real Property of Harris County, Texas, Ned S. Holmes, Trustee, conveyed
to Harris County a non - exclusive easement for the purpose of installing, constructing,
reconstructing, repairing, maintaining, operating, removing, relocating and altering
sanitary sewer, storm water, electrical power, telephone and water line or lines, and
related facilities located out of the Talcott Patching Surveying, Abstract 620, in Harris
County, Texas
WHEREAS, CenterPoint Energy Houston Electric, LLC and CenterPoint
Energy Resources Corporation, d /b /a CenterPoint Energy Texas Gas Operations has
been requested by the present owner of the same tract to release its right of use of that
part of the easement specified in the next paragraph of this instrument, which
CenterPoint Energy Houston Electric, LLC and CenterPoint Energy Resources
Corporation, is willing to do;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That in
• consideration of the premises, CenterPoint Energy Houston Electric, LLC and
S. WSERS1000108351D06REL7284L2 @2.doc EMIT B
06113105
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• CenterPoint Energy Resources Corporation, has RELEASED, and does by these
•
presents FOREVER RELEASE, all of its right of use of the hereinafter described portion
of that easement specified in the first paragraph of this instrument, which released
portion is described as follows:
1.0 An eight (8) foot wide utility easement:
1.1 Containing 0.318 acres more or less and being further
described on Page 6 of 9 in Exhibit "A" attached to said
instrument, SAVE AND EXCEPT the most westerly 350.15
feet.
1.2 Containing 0.320 acres of land and being further described
on Page 7 of 9 in Exhibit "A° attached to said instrument
SAVE AND EXCEPT the most westerly 350.15 feet.
This is a partial release which affects only that part of the easement described in
the preceding paragraph, and which partial release does not in any manner affect
CenterPoint Energy Houston Electric, LLC and CenterPoint Energy Resources
Corporation, right to use the remainder of the easement.
1
EXECUTED this / (J day of Q4 2005.
CENTERPOI T ENERGY HOUSTON ELECTRIC,
LLC AND CENTERPOINT ENERGY RESOURCES
CORPORATION, d /b /a CENTERPOINT ENERGY
TEXAS GAS OPERATIONS
BY- Gl ,L, &O'kz
Sandra B. Goodall
Supervisor Records Management
Surveying & Mapping Division
Agent & Attorney -in -Fact
S WSERSOM108351DocIREL7284Z.2 @2 CDC 2
06113105
L�
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STATE OF TEXAS §
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COUNTY OF HARRIS §
This instrument was acknowledged before me on 2005, by
Sandra B. Goodall, Supervisor Records Management i urveying & Mapping Division
of CenterPoint Energy Houston Electric, LLC, Agent and ttorney -in -Fact of CenterPoint
Energy Resources Corporation, d /b /a CenterPoint Energy Texas Gas Operations on
behalf of said corporation.
AFTER RECORDING RETURN TO:
SURVEYING & dNIAPPING
CENTERPOINT ENERGY
P. O. BOX 1700
HOUSTON, TX 77251 -1700
S.1U 5 E R WOO 108351Doc1R E L7284 Z.2@2. doc
06113105
3
LISA D. ADAMS
1 • ; lotary Public, State of Texas ,
My Commission Expires ?i3012GCfi �!
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