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Ordinance No. 10,787ORDINANCE NO. 10,787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A 0.055 ACRE OR 2,400 SQUARE FOOT, MORE OR LESS, UNDERGROUND UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTH SIDE OF WARD ROAD AND EAST OF 10TH STREET IN BAYTOWN, HARRIS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENT AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, there is a 0.055 acre or 2,400 square foot, more or less, underground utility and drainage easement along the south side of Ward Road and east of 10th Street in Baytown, Harris County, Texas; and WHEREAS, Eddie V. Gray has petitioned the City for the abandonment of a portion of the utility and drainage easement; and WHEREAS, the City has received releases from utility companies releasing their interests in the easement; and WHEREAS, the utility and drainage easement subject to the petition for abandonment referenced herein is 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 0.055 acre or 2,400 square foot, more or less, underground utility and drainage easement along the south side of Ward Road and east of 10th Street in Baytown, Harris County, Texas, contingent upon the payment of fair market value or ONE HUNDRED AND NO/100 DOLLARS ($100.00), whichever is greater. Said abandoned easement is 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 easement is determined to be ONE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($1,200.00), which is 50% 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 1 hereof, the Mayor is hereby granted the general authority to execute a quitclaim 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 13th day of December, 2007. STEPHEN'S. DONCARLOS, Mafyor XOOQY, City Clerk APPROVED AS TO FORM: RAMIREZ, SR., City AtAney R:\Xtti33\Pilio\Cily O.ancil\0rdinanccs\2007\Decembcr 13\AbandonmentUtilityEasement.doc iff A 010-70-1121 Billys .i tract or parcel i: l.i:>d out <>:' u,~ i.'i21iiu Scutt Lower League A-65, ir.d being a pa" of this certzi:: 19.OS acrs trjee conveyed ;o S. J. Cray by \) oeud recorded in VoIubb JUS at ?iE<-' 2S2 =f the Deed Xcscrua o.' Harris County, 7c:j5, ii'nd beinr, cere particularly described by secca usti hatm&a .is fcllc-'s: C0t£1I:!Cl:<G a: the poln: o: iniersecLion cf the South rialit-of-vay line ol Uard Soil! ana chE taac tit'nt-oi—.My ll.-.e ot Tenth Street, said ;:cint ici.TB nerked by n S/8 inch Iron rod; TKIHCi South 76*36U7" Ejtc viih the South rlgllt-of-vay line of Vard A3.-,d a distance at 437.11 feet zo a 3/4 inch ircn rod airfcinR thu Sorthuest corner d: the Dairy Queen 0.<ij ,-,cre trjet, said point being the ?O1HT OF BICIKIJI!!!; KiEHCE South 2i* 19' West ■-■ith l!;c West lir.« e£ the ssid Dairy Qu«en trace ; zLsti'r.t of iJO.OO ieet to a 3/i i:ich iron tod found for corner; TAliiCZ Korth 7fc*36'4V" Vest a illstaixe o£ 15.15 feet io a jiainc for earner; TKZKCS SortJi 21*19' fast «ith « linn parallel to and J16 feet Ccsc of the 'Jest line of said Oiiry Queen trie; a alscsr.ee of 150.00 feisc to a point io: earner; TH£:iC£ South 76*36'■'■?" Isst with the Scuth rishc-of-uiy lisa of V>rd Rosd 2 dlstsnce si 16.15 feet to the FOIL" OF BEGISB'IIB enclosing a tract oi land containing 0.055 Acres or 2,400 square feet, nare or r in i tut tunniit w nua W vi IIm O»t* tad ti Itw lit* lUftc vm A*f XffSOUKil. Li It* GRU COUHjr CUI1K. KAnms ccuurr, roua