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Ordinance No. 12,114ORDINANCE NO. 12,114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A 0.06 ACRE OR 2,615 SQUARE FOOT, MORE OR LESS, UTILITY EASEMENT ALONG THE WEST OR REAR PROPERTY LINE OF LOT EIGHTEEN (18), BLOCK ONE (1), OF THE REPLAT OF CEDAR BEND SUBDIVISION, A SUBDIVISION IN CHAMBERS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME "A," PAGE 82 OF THE PLAT RECORDS OF CHAMBERS 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 0.06 acre or 2,615 square foot, more or less, utility easement along the west or rear property line of Lot Eighteen (18), Block One (1), of THE REPLAT OF CEDAR BEND SUBDIVISION, a subdivision in Chambers County, Texas, according to the map or plat thereof recorded in Volume "A," Page 82 of the Plat Records of Chambers County, Texas; and WHEREAS, Delecia Turner, on behalf of Anita Anderson, the owner of the property, has petitioned the City for the abandonment of the utility easement, as her home is built on the easement and she is unable to provide clean title without such abandonment; and WHEREAS, the City has received releases from utility companies releasing their interests in the easement; and WHEREAS, the utility 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 0.06 acre or 2,615 square foot, more or less, utility easement along the west or rear property line of Lot Eighteen (18), Block One (1), of THE REPLAT OF CEDAR BEND SUBDIVISION, a subdivision in Chambers County, Texas, according to the map or plat thereof recorded in Volume "A," Page 82 of the Plat Records of Chambers County, Texas, contingent upon the payment of fair market value as established in Section 2 hereof 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 SEVEN HUNDRED THIRTY -TWO AND 20/100 DOLLARS ($732.20) , 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 Chambers County Appraisal District. r r 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�fdte of the City Council of the City of Baytown this the 19th day of November, 2012. I- �"4 APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci A rney R: \Karen \Files \City Counci1\0rdinances\2012 \Novemer 19 \Abandonmen[UtilityEasement.doc Mayor EXHIBIT "A" A 20 foot utility easement totaling approximately 0.06 acre or 2,615 square feet, along the west or rear property line of Lot Eighteen (18), Block One (1), of THE REPLAT OF CEDAR BEND SUBDIVISION, a subdivision in Chambers County, Texas, according to the map or plat thereof recorded in Volume "A," Page 82 of the Plat Records of Chambers County, Texas.