Ordinance No. 11,758ORDINANCE NO. 11,758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE
CITY'S INTEREST IN THE ATCID LANE RIGHT -OF -WAY IN THE
FORMER LAKEWOOD TERRACE TOWNHOME SITE TO EXXON MOBIL
CORPORATION, CONTINGENT UPON (I) THE RECEIPT OF PAYMENT AS
REQUIRED IN SECTION 2 -767 OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, (II) THE WATER AND SEWER LINES BEING CUT
AND CAPPED AT THE BAYWAY DRIVE RIGHT -OF -WAY LINE, AND (III)
THE RETURN OF ALL FIRE HYDRANTS WITHIN THE LAKEWOOD
TERRACE TOWNHOME SITE; 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 has petitioned the City for the abandonment of
the Atcid Lane right -of -way in the former Lakewood Terrace Townhome site; and
WHEREAS, Exxon Mobil Corporation has received releases from utility companies
releasing their interests in the right -of -way; and
WHEREAS, the right -of -way subject to the petition for abandonment referenced herein is
no longer necessary for the City; and
WHEREAS, contingent upon (i) the receipt of payment as required in Section 2 -767 of
the Code of Ordinances, Baytown, Texas, (ii) the water and sewer lines being cut and capped at
the Bayway Drive right -of -way line, and (iii) the return of all fire hydrants within the Lakewood
Terrace Townhome site, the City is willing to abandon portions of the above - referenced right -of-
way; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That contingent upon (i) the receipt of payment as required in Section 2
hereof, (ii) the water and sewer lines being cut and capped at the Bayway Drive right -of -way
line, and (iii) the return of all fire hydrants within the Lakewood Terrace Townhome site, the
City Council of the City of Baytown, Texas, hereby authorizes the abandonment of that Atcid
Lane right -of -way in the former Lakewood Terrace Townhome site, as more particularly
described in Exhibit "A," which is attached hereto and incorporated herein for all intents and
purposes subject to the payment of fair market value as specified in Section 2.
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 SEVENTY -SIX THOUSAND AND
NO /100 DOLLARS ($76,000.00).
Section 3: 'I'llat Upon the S,11iSkICtiOn Of the contingencies delineated in Section I
hereof, the Mayor is hereby granted the general ElUthority to CNecute a qUkiairn deed, C01INIC)Ing
g
its interest in the property described in FAliibit "A"to F�NXOII Mobil Corporation.
Section 4: This ordinance shall take effect immediately from and zdlter its passage by
tile City Council of the City of Baytomm.
INTRODUCI-1), RFAD and PASSED by the atfirrnati� xe"Ible of tile City Council of tile
City ofBaytown (his tile 22 nd day ofSeptember, 2011. k
NIT7DONCARLOS, Mayor
Cif Cit "Ierk'
APPROVFID AS TO FORM:
-1NA(JORANIIREZ,SR.,Ci ' 2 U01-11CY
�t2, Sly., C i �tor,
Exhibit "A"
Andrew Lonnie Sikes, Inc.
Surveying, Mapping and Civil Engineering since 1977 with offices in Houston and Conroe
METES AND BOUNDS DESCRIPTION
23160 ACRES (100,883 SQUARE FEET)
WILLIAibl HILBUS SURVEY, ABSTRACT 336
HARRIS COUNTY, TEXAS
ALL of that certain 2.3160 acres (100,883 square feet) of land situated in the William Hilbus
Survey, Abstract 336, Hams County, Texas, being Atcid Lane, as shown on plat of Bayway
Acres, a subdivision recorded in Volume 191, Page 17, of the Harris County Map Records,
(H.C.M.R.); said 2.3160 acres (100,883 square feet) of land being more particularly described by
metes and bounds as follows (all bearings are referenced to the most northerly north line of
Bayway Acres, as shown on plat of subdivision recorded in Volume 191, Page 17, H.C.M.R.,
said bearing being South 85 °08' 14" East):
COMMENCING at a 1 inch pinched top pipe found for the northwesterly corner of that certain
16.783 acre tract described in instrument to S. L. Miller, recorded in Volume 1720, Page 479, of
the Hams County Deed Records, (H.C.D.R.), said point being in the easterly right -of -way of
Bayway Drive, (formerly Market Street, right -of -way varies);
THENCE South 02 °57'3T' West, with the westerly line of said 16.783 acre tract, the easterly
right -of -way of said Bayway Drive, at 65.26 feet passing a %: inch iron rod found for the most . .
westerly northwest comer of said Bayway Acres, in all a distance of 70.25 feet to a 518 inch iron
rod with cap stamped "A.L. SIKES RPLS 2914" set for the POINT OF BEGINNING, said point
being the intersection of the northerly right -of -way of said Atcid Lane and the easterly right -of-
way of said Bayway Drive;
THENCE South 85 °10'09" East, 49.81 feet, (called N85 °16'03 "W, 49.82 feet) with the northerly
right -of -way of said Atcid Lane, to a point from which a 518 inch iron rod found bears
S29 °03'W, 0.70 feet, said point being the beginning of a 399.35 foot radius curve concave
southwest;
THENCE Southeasterly 107.46 feet, with said 399.35 foot radius curve concave southwest,
along the northerly right-of-way of said Atcid Lane, having a central angle of 15°25'03 ", and a
chord bearing of South 77 °2738" East, 107.13 feet, to the point of tangency from which a 518
inch iron rod found bears S 180 16' W, 0.54 feet;
THENCE South 69 045'07" East, 16.68 feet, (called N69 050'55 "W, 16.68 feet) with the northerly
right -of -way of said Atcid Lane, to a point from which a 518 inch iron rod found bears
S1VI5'W, 0.51 feet, said point being the curvature of a 763.04 foot radius curve concave
northeast;
11415 Bedford St. - Houston, Texas 77031 -2105
Phone: 281- 561 -8118 - Fax: 281-561-8668 - Email: Houston0survevor.com
23160 acres Page 2
THENCE Southeasterly 82.67 feet, with said 763.04 foot radius curve concave northeast, along
the northerly right -of -way of said Atcid Lane, having a central angle of 06° 12'26 ", and a chord
bearing of South 72 °51'20" East, 82.62 feet, to 518 inch iron rod with cap stamped "A.L. SIKES
RPLS 2914" set for the point of tangency;
THENCE South 75 057'33" East, 1306.49 feet, (called N76 °03'21 "W) along the northerly right -
of-way of said Atcid Lane, to a point from which a 518 inch iron rod found bears S 12°21' W, 0.55
feet, said point being the beginning of a 50.00 foot radius curve concave northwest, whose center
bears South 39 °05'21" East, and being the beginning of a 50.00 foot radius cul-de -sac at the end
of said Atcid Lane;
THENCE 249.81 feet, with said 50.00 foot radius curve concave northwest, around said cul -de-
sac at the east end of said Atcid Lane, having a central angle of 286 015'37 ", and a chord bearing
of South 14 °02'27" West, 60.00 feet, to a point from which a 518 inch iron rod found bears
S09011'E, 0.47 feet;
THENCE North 75 057'33" West, 1306.49 feet, (called N76 °03'21 "W) along the southerly right-
of-way of said Atcid Lane, to a %: inch iron rod found for the beginning of a 823.04 foot radius _
curve concave northeast; _
THENCE Northwesterly 89.17 feet, with said 823.04 foot radius curve concave northeast, along
the southerly right -of -way of said Atcid Lane, having a central angle of 06012'26", and a chord
bearing of North 72 °51'20" West, 89.12 feet, to a 5/8 inch iron rod found for the point of
tangency;
THENCE North 69 045107" West, 16.68 feet, (called N69 050'55 "W, 16.68 feet) along the
southerly right -of -way of said Atcid Lane, to a 518 inch iron rod found for the the beginning of a
339.35 foot radius curve concave southwest;
THENCE Northwesterly 91.31 feet, with said 339.35 foot radius curve concave southwest, along
the southerly right -of -way of said Atcid Lane, having a central angle of 15°25'03 ", and a chord
bearing of North 77 027'38" West, 91.04 feet, to a 5/8 inch iron rod found for the point of
tangency;
THENCE North 85 °10'09" West, 47.85 feet, (called N85 016'03 "W, 47.67 feet) along the
southerly right -of -way of said Atcid Lane, to a 5/8 inch iron rod with cap stamped "A.L. SIKES
RPLS 2914" set for the intersection of the southerly right -of -way of said Atcid Lane and the
easterly right -of -way of said Bayway Drive, said point being the most westerly west line of said
Bayway Acres;
23160 acres
Page 3
THENCE North 02 057137" East, 60.04 feet with the most westerly west line of said Bayway
Aces, the easterly right of way of said Bayway Drive, to the POINT OF BEGINNING, and
containing 23160 acres (100,883 square feet) of land. This metes and bounds description is
accompanied by a plat of survey on file in the office of the surveyor.
r
Andrew Lonnie Sikes, R.P.L.S. No. 2914
April 23, 2009
Job No. 2450 -0901