Ordinance No. 16,052 ORDINANCE NO. 16,052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CONVEYANCE OF A DRAINAGE AND
ACCESS EASEMENT TO HARRIS COUNTY FLOOD CONTROL DISTRICT;
AUTHORIZING THE CITY MANAGER TO EXECUTE A DRAINAGE AND
ACCESS EASEMENT AGREEMENT WITH HARRIS COUNTY FLOOD
CONTROL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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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
conveyance of a drainage and access easement to Harris County Flood Control District.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute a Drainage and Access Easement Agreement with Harris County Flood
Control District, for the conveyance of drainage and access easement referenced in Section 1
hereof. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 3: 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 vote of the City ouncil of the
City of Baytown this the 23rd day of January, 2025.
C A LES OH N, Mayor
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APPROVED S T FORM:
SCOTT LEM19ND, City Attorney
R Ordinances and Resolutions Ordinance Drafts 2025-01-23 Ordinance Granting Drainage and Access Easement to Harris County Flood
Control District docx
EXHIBIT "A"
DRAINAGE AND ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS §
That THE CITY OF BAYTOWN, TEXAS, hereinafter referred to as "Grantor,"for and in
consideration of the sum of ten dollars ($10.00) and other good and valuable consideration paid to
Grantor by HARRIS COUNTY FLOOD CONTROL DISTRICT, hereinafter called"Grantee,"the
receipt and sufficiency of which are hereby acknowledged and confessed,has GRANTED, SOLD,
and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto the
Grantee, its successors, assigns, and legal representatives, an exclusive perpetual easement for
public drainage and access utility purposes, including the right to operate,maintain,repair, inspect,
replace, and remove said public drainage facility, which drainage facility shall be limited to the
size and location within the easement as constructed and installed-as of the date of execution of
this Drainage and Access Easement along, across, over, and under that certain tract or parcel of
land in Harris County, Texas, described in Exhibit"A"attached hereto and incorporated herein by
this reference for all purposes(the"Easement"). Any workspace or access shall be limited to areas
within the Easement Area.
The Grantee may do and perform all acts necessary to operate, maintain, repair, inspect,
replace, and remove said public drainage facility as constructed and installed along, across, over,
and under said Easement,and operate thereon all necessary machinery and equipment,and Grantee
shall have the right to cut, trim, and remove trees, brush, or shrubbery, or weeds, or to remove
improvements, which may burden, or interfere with the Easement herein granted. Grantor retains,
reserves, and shall continue to enjoy the use of the Easement area for any and all purposes, which
do not interfere with or prevent the use by Grantee of the Easement, rights, and privileges granted
herein, subject to all applicable laws and regulations of the State of Texas or its political
subdivisions, including Grantee. The rights retained by Grantor shall include the right to construct
or locate upon or across the surface of the Easement area landscaping (but not trees), irrigation
systems,paved parking and driveway areas together with associated curbs, fences,private lighting,
sidewalks, signage,public and private roads and streets, bridges,utility lines,disc golf baskets and
tee boxes, and appurtenances thereto, including but not limited to, telephone lines, fiber optic
lines, cable lines, electronic data lines, electric power lines, water lines, gas lines, sanitary
and storm sewer lines and other similar conduits across as opposed to along the Easement above
or below the surface of such Easement so long as such utilities do not interfere with or prevent the
use by Grantee of the rights and privileges granted herein. Before any work can be performed,
Grantee must provide Grantor thirty (30) days written notice before performing any work
operating, maintaining, repairing, inspecting, replacing, and removing said public drainage
facility. Further, all reasonable precautions should be taken to avoid conflicts with events in the
City's parks and properties.
GRANTEE agrees that after it completes construction, repair, or maintenance of the
improvements in the Easement Area, it shall repair any damage to the surface of GRANTORS'
property that was caused by GRANTEE, its agents or contractors. Grantee agrees that it will
timely repair any damage to Grantor's property caused Grantee's activities, including but not
limited to,damage to bridges,roads, trails, park facilities,park improvements, and other Grantor's
property.
GRANTEE agrees that after it completes construction, repair, or maintenance of the
improvements in the Easement Area, it shall repair any damage to the surface of GR-ANTORS'
property that was caused by GRANTEE,its agents or contractors. Grantee agrees that it will timely
repair any damage to Grantor's property caused Grantee's activities, including but not limited to,
damage to bridges, roads, trails, park facilities, park improvements, and other Grantor's property.
The Easement and the rights and privileges herein granted shall be perpetual and Grantor
covenants that Grantor will not convey any other easement,or any other right,within or conflicting
with the area of the Easement herein granted, except as provided herein. This instrument shall be
binding upon the successors, assigns, legal representatives, heirs, executors, and administrators of
both the Grantor and the Grantee.
TO HAVE AND TO HOLD the above-described Easement unto the said Grantee, its
successors, assigns, and legal representatives. Grantor hereby binds Grantor and Grantor's heirs,
executors, administrators, successors, and assigns to Grantee and its successors, assigns, and legal
representatives, against every person whomsoever lawfiilly claiming or to claim the same or any
part thereof by, through or under Grantor, but not otherwise..
EXECUTED this day of 52025.
GRANTOR:
THE CITY OF BAYTOWN, TEXAS
Title:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
, on behalf of the City of Baytown, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2025.
Notary Public In and For the State of Texas
My Commission Expires
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