Ordinance No. 11,179ORDINANCE NO. 11,179
AN ORDINANCE' OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AU1-1- IORIZING THE ABANDONMENT AND SALE OF 111E
CITY'S INTEREST IN THE ALLEYWAYS AT LAKEWOOD TERRACE
TOWNHOME SITE TO AMERICAN HOUSING FOUNDATION
CONTINGENT UPON (1) AMERICAN HOUSING FOUNDATION'S
PURCHASE OF FOUR SPECIFIED PROPERTIES WITHIN THE
LAKEWOOD TERRACE TOWNHOME SITE, (II) AMERICAN HOUSING
FOUNDATION'S SALE OF THE PROPERTY KNOWN AS LAKEWOOD
TERRACE TOWNI HOME SITE TO EXXON MOBIL_ CORPORATION AS
GREENSPACE, (II1) PROOF THAT NO RESIDENTS REMAIN AT THE
LAKEWOOD TERRACE TOVN -NHOME SITE. (IV) AMERICAN 1-IOUSING
FOUNDATION'S SECURING AND PROVIDING ALL OF THE UTILITY
EASEMENT ABANDONMENTS TO THE CITY; AND (V) THE PAYMENT
OF FAIR \MARKET VALUE; DETER LINING THE FAIR MARKET VALUE
OF SUCH RIGHT- OF -`VAY AUTHORIZED TO BE ABANDONED IIEREIN;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON
RECEIPT OF PAYMENT FOR THE ABANDONMENT: AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, American Housing Foundation ("Al-IF-) has petitioned the City for the
abandonment of the alleyways at Lakewood Terrace Townhome site; and
WHEREAS, Al IF is working to acquire the four properties more particularly described in
Exhibit "A" as well as to obtain releases from utility companies releasing their interests in the
Lakewood Terrace To«nhome site; and
%k IEREAS. should there be no residents of the Lakewood Terrace Townhome site and
the property be sold to Exxon Mobil Corporation for use as greenspace, the alleyways subject to
the petition for abandonment referenced herein -,vill no longer be necessary for the City: and
)VI IEREAS, contingent upon receipt of payment as required in Section 2 -767 of the Code
of Ordinances, Baytown, Texas, as well as the other contingencies expressed herein. the City is
willing to abandon the alleyways as requested; 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 alleyways at Lakewood Terrace Townhome site, as more particularly
described in Exhibit "B," which is attached hereto and incorporated herein Ior all intents and
purposes, subject to and contingent upon:
American i lousing Foundation's purchase of f011l' specified properties within the
Lakewood Terrace Townhome site, as more particularly described in Exhibit "A,"
which is attached hereto and incorporated herein for all intents and purposes;
2. American Housing Foundation's sale of the property known as Lakewood Terrace
To«nhome site to Exxon Mobil Corporation as greenspace:
3. American Housing Foundation's providing proof that no residents remain at the
Lakewood Terrace Townhome site, satisfactory to the City Attorney:
4. American Housing Foundation's securing and providing all of the utility easement
abandonments to the City in a form acceptable to the City Attorney; and
5. the payment of fair market value as specified in Section 2.
Section 2: That the Citv Council of the Citv of Baytown, Texas, hereby finds that the
fair market value of the right -of -way is determined to be SEVENTY -SIX THOUSAND AND
NO /100 DOLLARS ($76,000.00), which is the value of the same as appraised by Jack L.
Hughey, of Jack L. Hughey & Associates. as evidenced in an appraisal report issued to AI-IF on
July 22, 2009.
Section 3: That upon receipt of the payment required herein and the satisfaction of
the contingencies expressed in Section 1 hereof. the Mayor is hereby granted the general
authority to execute a quitclaim deed, conveying its interest in the property described in Exhibit
"A" to American Housing Foundation.
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 alfirmati
City of Baytown this the 10th day of September. 2009.
H
ATTEST:
LETICIA GA A. In vim City Clerk
APPROVED AS TO FORM:
6-1ZfNACI0 RAMIREZ. SR.. 'it , Attorney
of the City Council of the
DONCARLOS,
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Exhibit "A"
A 100 Kenrick and Annette Griffith
A 105 Estate of Veronica Pierre
B 109 Vernon and Ann Sullivan
C 109 John and Sue Ann Sammarco
Exhibit "A." Page Solo
BAYWAY TOWNHOMES
6800 BAYWAY DR.
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