Ordinance No. 15,331 - Assignment & Assumption of Easement ORDINANCE NO. 15,331 -�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE ASSIGNMENT AND ASSUMPTION OF EASEMENT FROM
HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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 City
Manager to execute and the City Clerk to attest to the Assignment and Assumption of Easement from Harris
County,Texas. A copy of the Assignment and Assumption of Easement is attached hereto as Exhibit"A"
and is incorporated herein for all intents and purposes.
Section 2: 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 affin ' e vote of the City Council of the City of
Baytown this the 12"'day of January,2023.
)try" NDON CAPETILLO, May r
ft Q,
Y n'S Ranazacmw'ar rF.�a';i�
n i
1� 9 V is.1
ANGELA ACKSON, City I Q
e „n
OF �{
VED AS TO ORM:
SCOTT LEM D, City Attorney
UScottlOrdinances 01-12-2RHC Assignment of Easement.doc
EXHIBIT "A"
City of Baytown Partnership-0101-01-00-E.001
Tracts 0101-01-00-01-004.1, 0101-01-03-01-001.1
ASSIGNMENT AND ASSUMPTION OF EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THIS Assignment and Assumption of Easement ("Assignment") is made by and between
HARRIS COUNTY FLOOD CONTROL DISTRICT, a political subdivision of the State of
Texas ("Assignor"), and CITY OF BAYTOWN, TEXAS, a municipal corporation
("Assignee"). Assignor and Assignee may each be referred to herein individually as a "Party" or
collectively as the "Parties" herein.
WHEREAS, Assignor is the holder and owner of rights of way and easements pursuant to
that certain Right of Way Easement for Drainage Ditch Purposes dated January 24, 1950, recorded
at Harris County Deed Records Volume 2099, Page 129, and that certain Easement dated April
10, 1950, recorded at Harris County Deed Records Volume 2125, Page 569, conveying a right of
way for drainage purposes over and across the following two (2)tracts of land(the"Easements"),
being further described as follows, to wit:
1.44 acres of land, more or less, located on a portion of two (2) tracts of land in the
City of Baytown, Harris County, Texas, described as "Tract 0101-01-00-01-004.1",
and being further depicted and described on the attached Exhibit"A"; and
0.42 acres of land, in the Harvey Whiting Survey, Abstract No. 840, Harris County,
Texas, described as "Tract 0101-01-03-01-001.1", and being further depicted and
described on the attached Exhibit °B".
WHEREAS, Assignor and Assignee previously entered into that certain Interlocal
Agreement (the "Agreement") dated March 24, 2020 (Agreement No. 2020-133), for the
demolition and reconstruction of the South Main storm sewer system from West Texas Avenue to
East Republic Street in the Goose Creek and Cedar Bayou Watersheds for the use and benefit of
the public, and to facilitate the Assignor's needs for maintenance of Harris County Flood Control
District infrastructure; and
WHEREAS, by that certain to that certain Amendment to Interlocal Agreement executed by
and between Assignor and Assignee (the "Amendment", together with the Agreement the
"Amended Agreement"), Assignor has agreed to transfer to Assignee all of Assignor's interest in
the that portion of the Easement located between South Main and Lee Drive and the entire 0101-01-
03, and
WHEREAS, Assignor desires to assign and transfer to Assignee all of Assignor's right, title
and interest in the Easements located along HCFCD Unit 0 101-0 1-00 from South Main to Lee Road
rev 042622
and the entire HCFCD Unit 0101-01-03 drainage casement as shown on the map attached in Exhibit
"C", including but not limited to the right to enter upon said Easements for the purposes of repair
and/or maintenance of the same; and
WHEREAS, Assignee desires to accept all of Assignor's right, title and interest in the same
for the purposes set forth herein, and to assume and perform all the terms, covenants, and conditions
thereof and the obligations of Assignor thereunder relating to the maintenance and repair of the
Easements,and will own and maintain the above described Easements, and the Assignee-constructed
project as outlined in the Amended Agreement
WHEREAS, Texas Local Government Code §272.001(1) allows property to be donated or
sold to a political subdivision if such property will be used by the political subdivision to which it
is donated or sold in carrying out a purpose that benefits the public interest of the donating or
selling political subdivision, and the use of the Easements for the demolition and reconstruction of
the South Main storm sewer system constitutes a public purpose that will benefit and serve the
public interest of the Assignor.
NOW THEREFORE, for and in consideration of Assignor's intent to transfer and convey
to Assignee, the above-described Easements for the demolition and reconstruction of the South
Main storm sewer system from West Texas Avenue to East Republic Street in the Goose Creek
and Cedar Bayou Watersheds for the use and benefit of the public, and other related purposes in,
along, upon and across the Easements, such donation being made pursuant to Local Government
Code §272.001(l.) and the terms of the Amended Agreement, Assignor grants, and assigns to
Assignee all of Assignor's right, title, privileges, interests, and obligations in, to, and under the
Easements.
By its signature below, accepts all of Assignor's rights and interests in the Easements.
Assignee hereby agrees to forever use the Easements for the demolition and reconstruction of the
South Main storm sewer system, and assumes the performance of all of the terms, covenants, and
conditions thereof and all obligations thereunder, from and after the date hereof, including,but not
limited to, maintenance thereof in the Easements.
The terns and provisions hereof shall be binding upon and inure to the benefit of the
respective Parties hereto and their successors and assigns.
[.Signature pages to follow]
Page 2 of 4
IN WITNESS WHEREOF, this instrument is executed on this the day of
, 20
ASSIGNOR:
HARRIS COUNTY FLOOD CONTROL DISTRICT,
a political subdivision of the State of Texas
By:
Lina Hidalgo,County Judge
Assienor's Address:
I I 1 I Fannin Street, 1 I th Floor
Houston,Texas 77002
APPROVED AS TO FORM:
Christian D. Menefee
Harris County Attorney
By:
Justina Daniel-Wariya
Assistant County Attorney
CAO File No. 22RPDO253
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on 20 , by
Lina Hidalgo, as County Judge of Harris County, Texas and the presiding officer of the
Commissioner's Court of Harris County, Texas, on behalf of Commissioners Court of Harris
County, Texas, as governing body of the Harris County Flood Control District.
Notary Public Signature
Page 3 of 4
Assignee hereby accepts this Assignment for itself, its successors and assigns, to be bound
by the conditions and covenants set forth herein and to perform all obligations of Assignee set
forth herein.
EXECUTED this the day of 20
ASSIGNEE:
CITY OF BAYTOWN,TEXAS
By:
Name:
Title:
Assignee's Address:
2401 Market Street
Baytown,Texas 77520
ATTEST:
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on 1201
by , as
on behalf of the City of Baytown, Texas
Notary Public Signature
Page 4 of 4
EXHIBIT "A"
Beginning at the extreme Northerly comer of a triangular tract of land describe in Volume 525
Page 240 of the Harris County Deed Records. Said point being opposite Railroad Engineer's Station
1218+96.5.
Thence S.28 degrees 43' E. along the Westerly line of said triangular tract a distance of 27.39
feet to a point for corner.
Thence S. 61 degrees 55' E. 61.05 feet to a point for a comer;
Thence S. 0 degrees 30' E. 70.70 feet to a point on the Westerly line of the triangular tract;
Thence S. 28 degrees 43' E.along the west line of said tract,a distance of 138.31 feet to a point for a
comer;
Thence N. 88 degrees 14' E. 285.76 feet to a point for a corner;
Thence N. 59 degrees 55' E. 14.76 feet to the most Easterly corner or the triangular tract. Said
point being opposite Railroad Engineer's Station1214+63.3.
Thence N. 88 degrees 14' E. along the South line of Grantor's property at 526.20 feet pass the
Westerly line of Pruett Street at 579.90 feet pass the Easterly line of Pruett St. in all a total distance of
1920.40' feet to a Southeasterly corner of Grantor's property;
Thence N. 55 degrees 26 ` E. along the southeast line of Grantor's property 46.15 feet to a point
for a corner;
Thence S. 88 degrees 14' W. at 1366.68 feet pass the Easterly line of Pruett St. at 1420.38 feet
pass the westerly line of Pruett Street, in all a total distance of 2212.18 feet to a point for a comer;
Thence N. 61 degrees 40' W. 55.68 feet to a point for a corner;
Thence . 20 degrees 43' W. 66.89 feet to a point for corner;
Thence N. 0 degrees 30' W. 95.48 feet to a point in the North line of Grantor's property opposite
Railroad Engineer's Station 1217+99.
Thence S. 89 degrees 30' W. along the north line of Grantor's property a distance of 38.50 feet to
a point in the northeasterly line of the above mentioned triangular tract. Said point being located opposite
Railroad Engineer's Station 1218+37.5.
Thence N. 61 degrees 55' W. 66.12 feet to a point of beginning.
EXHIBIT "A"
Q • 00 004
9B
- Prrc rl BeunNry
"" ^' rr ^ik Vre[n<1Bw'tlarylONlne;
.]
" - iTS Baw WYnrr
i'N' VaneV.-wl.r ewrry
rM1 - r '.I PyArorlVay
- v POW tWrretl Cave¢I
iecfco
' Chrnntl 5'nrmr
Hlll.SfWeP
ISIOM1KI
Bol I r
'B +F el\Ve:er
. I.nWi:vanr
I Norm Ccuoq 8oun6ip
r.mrt�n F'n..0 O
r.er � OIP90Po
EXHIBIT `B"
A tract of land,20 feet in width,situated in the County of Harris,State of Texas,being part of the HARVEY
WHITING SURVEY,Abstract No.40,and also being part of the Goose Creek Independent School District
4.04 acre tract as recorded in Vol. 1007, at Page 582 and the 2.319 acre tract as recorded in Vol. 753 at
Page 15 of the Deed Records of Harris County, Texas, and being more particularly described as follows:
Beginning at the Northeast corner of said 4.04 acre tract;
Thence,along the Easterly line of said 4.04 acre tract and the 2.319 acre tract as follows;
South 17 degrees 15' East,486.00 feet to a point;
South 23 degrees I F East, 123.00 feet to a point;
South 307.11 feet to the Southeast corner of said 2.319 acre tract;
Thence, South 89 degrees 22' West,20.00 feet to a point;
Thence,parallel to and 20 feet Westerly of said Easterly line, as follows;
North, 303.23 feet to a point;
North, 23 degrees 1 I' West, 119.94 feet to a point;
North 17 degrees 15' West,493.25 feet to a point on the Northerly line of said 4.04 acre tract;
Thence,East,20.94 feet along said Northerly line to the point of beginning,containing 0.42 acres,more or
less.
EXHIBIT "B"
• -�
i
i
PF58iu lalen
Pn.LMs�Xaena Cn:ny
G9Am11Vay
POw NLQunetl Cranleel
Xp
_ i cna��a zm
mrQ a�Ja Wikem
5r.ai SIOPMSfWfP
f[...i. FISICRKAL
Botlies el N'aty
i ,BOCyaI\4aar
IwGlll,Yons
0
:
A
0
EXHIBIT 46c"
1=121ROW to be Transferred from HCFCD to City of Baytown
r
All
Agreement No.2022-133
1
k 7 S
L / b -