Ordinance No. 11,033ORDINANCE NO. 11,033
AN ORDINANCE OF TIME CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE
CITY'S INTEREST IN A PORTION OF THE J.B. LEFEVRE ROAD RIGHT -
OF -WAY TO EXXON MOBIL CORPORATION, SUBJECT TO
EXXONMOBIL'S GRANTING A UTILITY EASEMENT TO CENTERPOINT
ENERGY FOR CENTERPOINT'S EXISTING FACILITIES WITHIN SUCH
RIGHT -OF -WAY AND CONTINGENT UPON THE PAYMENT OF FAIR
MARKET VALUE: DETERMINING THE FAIR MARKET VALUE OF SUCH
RIGHT -OF -WAY AUTHORIZED TO BE ABANDONED HEREIN.
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON
RECEIPT OF PAYMENT FOR THE ABANDONMENT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Exxon Mobil Corporation ( "ExxonMobil ") has petitioned the City for the
abandonment of a portion of the J.B. LeFevre Road right -of -way: and
WHEREAS. ExxonMobil has received releases from utility companies releasing their
interests in the right -of -way with the exception of CenterPoint Energy ("CenterPoint"); and
WHEREAS, CenterPoint Energy is drafting the easement document wherein ExxonMobil
will grant a utility easement to CenterPoint for CenterPoint's existing facilities located within
that portion of the J.B. LeFevre Road right -of -way subject to ExxonMobil's petition; and
WHEREAS. Union Pacific has executed a Consent Agreement with ExxonMobil,
whereby it agreed to waive its right to purchase the 30' wide parcel of J.B. LeFevre Road
adjacent to its property conditioned upon ExxonMobil (i) constructing a barricade at the south
side of J.B. LeFevre Road (north of Pine Street Crossing) to prevent vehicular access to the
railroad and (ii) installing a gate on the northwest corner of J.B. LeFevre Road and Airhart Street
to restrict public access; and
WHEREAS, the right- of -«ay 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
right -of -way for which payment has been received subject to ExxonMobil's granting the
necessary utility easement to CenterPoint; NOW THEREFORE,
13E 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 that portion of J.B. LeFevre Road right -of -way as more particularly
described in Exhibit "A." which is attached hereto and incorporated herein for all intents and
purposes subject to:
4"
I . the payment of fair market value as specified in Section 2, and
2. ExxonMobil's conveyance of a utility easement to CenterPoint Energy for its
existing facilities located within such right -of -way once it is abandoned.
Section 2: That the City Council of the City of Baytown. Texas, hereby finds that the
fair market value of the right -of -way is determined to be FORTY -SIX THOUSAND AND
NO /] 00 DOLLARS ($46,000.00), which is the value of the sarne as appraised by Richard G.
Marquis & Associates, Inc., as evidenced in an appraisal report issued to Exxon Mobil
Corporation on August 15, 2008.
Section 3: That upon receipt of the payment required herein, the Mayor is hereby
granted the general authority to execute a quitclaim deed, conveying its interest in the property
described in Exhibit "A" to Exxon Mobil Corporation.
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
City of Baytown this the 11"' day of December, 2008.
`I To &yy
Clerk
APPROVED AS TO FORM:
4'AWC-It5RAMIREZ. SR.. tv Attorney
I
of the City Council of the
NCARLOS,
UobsrvI\LegallKaren\ Files \City CouncillOrdinanccs \20080ccember I I\Abandonmento (PortionoflRLcFevreRO\N'.doc
Exhibit "A" lRe No. $0728991 &im
Metes & Bounds - Page 1
STATE OF TEXAS
COUNTY OF HARRIS)
FIELD NOTES of a 1.1736 acre tract of (and situated in the William Scott League.
Abstract No. 66. Harris County, Texas and being part of that same tract of land known as
J. B. LeFevrn Road (60 feet wide right -of- -way) in the City of Baytown, Harris County.
Texas. This 1.1736 acre tract of land is more particularly described by the following
metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE SOUTH LINE OF A 16.28 ACRE TRACT CONVEYED BY
HALLIE WRIGHT, GUARDIAN OF THE PERSON AND ESTATE OF VERNON
CHARLES POSEY, TO THE CITY OF BAYTOWN, BY DEED DATED AUGUST 31.
1981 AND RECORDED UNDER COUNTY CLERK'S FILE NO. J654506 OF THE
DEED RECORDS OF HARRIS COUNTY,'fEXAS. REFERENCE IS MADE TO THE
PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
DESCRIPTION.
BEGINNING at a t!a inch iron rod, with cap, set in intersection of the West right -of -way
line of Airhart Drive (60 feet wide right -of -way). the South right -of -way line of said J. S.
LcFevte Roud and the Nonhem right -of -way line of the Union Pacific Railroad Compam
I OO feet wide right -of -way as described in Volume 957 at Page 195 of the Deed Records
of Harris County, Texas. Said point being the Southcust comer And PONT OF
BEGINNING of this tract.
THENCE: North 76 °55'40" West along the South line of this tract, the South right•of
%vuy line of said J. B. LeFevre Road and the North right -of -way line of said railroad for u
distance of 513.10 feet to a!/, inch iron rod. with cap, set at the intersection of the West
right -of -way line of Pint Street (60 feet %vide right -of -way) with the North line of said
railroad for the Southwcst comer of said J. B. LeFcvrc Road and the Southeast comer of
this tract.
THENCE: North 30 100'47" East along the West line ofthis tract and the West line of
said J. B. LeFcvre Roud, for a distance of 62.72 feet to n '/, inch iron rod, %vith cap, sct for
the Northwest comer of said J. B. LeFevrc Road and in a South line of that certain 65.41
acre tract of land conveyer! by Ben C. Love to Humble Oil & Refining Company by Deed
dated July 5, 1929 and recorded under County Clcrk's File No. 25m of the Deed
Records of flarris County, Texas, for the Nunhwcst comer of this tract.
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Metes & Bounds - Page 2
PAGE 2 • I.I 136 ACRES.
I'HFNCE, South 76'55'40" East along the North line of this tntct, the North right-of-
%%a)- line ofsaid J. B. LeFcvre Road, a South line of the heretofore mentioned 65.41 acre
tract. the South line of that curtain 0.909 ol'att acre tract of fund conveyed by City of
Baytown to }fumble Oil & Refining Company by Deed dated August 15, 1960 and
recorded in Volume 4141 at Page 204 of the Decd Records of Harris County, Texas and
the South line of that certain 0.18 of an acre tract of land conveyed by Amelia Z. Airltart
to Humble Oil & Refining Company by Deed dated May 23, 1%0 and recorded in
Volume 4048 at Page 198 of the Deed Records of Hams County. Texas, for a distance of
8 15. 10 feet to a %1 inch iron rod, with cap. set at the intersection of the West right -of- -way
line of said Airlturt Drive and the North right- or•wuy line of suid J. B. LeFcvTe Ruod for
the Northeast corner of this tract and the Southeast corner of said 0.18 of an acne of land.
THENCE: South 30'00'47" West along the East line of this tract and the West right -ol-
way line ol'said Airhurt Drive for it distance of62.73 feet to the PLACE OF
BEGINNING nod containing within these hnundarics 1.1736 acres or 31,132.016 square
feet of land.
SURVEYOR'S CERTIFICATE
1. Julicne Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared froin and actual survey made on the ground.
under my supervision, in June of 3008 and drat all lines, boundaries and landmarks are
accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 2d day of July. A. D., 2008.
r��GC.�t.G� UL- �LLY 1t•31,U
OF 2
t
Juliene Ramsey
Registered Professional Land Surveyor No. 4379
08- 3413.fdn.doc
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