Ordinance No. 16,223 ORDINANCE NO. 16,223
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT, RELEASE, AND
CONVEYANCE OF AN INTEREST IN A WATER MAINS AND!OR SANITARY
SEWER LINES EASEMENT RELATED TO THE SAN JACINTO MARKETPLACE
DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, by Harris County Clerk Real Property instrument number RP-2023-239817, San
Jacinto Retail Associates, LLC, a Texas limited liability company, purported to convey a water mains
and/or sanitary sewer lines easement to the City of Baytown on June 28,2023; and
WHEREAS, the City has never taken formal, or informal, action to accept the easement; and
WHEREAS, the parties have agreed to work together to establish permanent water mains, sanitary
sewer lines, and/or utility easements for the future development of the San Jacinto Marketplace; and
WHEREAS, on August 18, 2025, the City Clerk of the City of Baytown,Texas received a Petition
from San Jacinto Retail Associates, LLC, addressed to the City Council of the City of Baytown, Texas in
accordance with Chapter 2, Article VII, Sections 2-766 and 2-767 of the Code of Ordinances, City of
Baytown, Texas(the"Code Provisions"); and
WHEREAS, all abutting property owners joined the Petition; and
WHEREAS, the City Council of the City of Baytown, acting pursuant to law and upon the request
and petition of San Jacinto Retail Associates, LLC, hereinafter referred to as TRANSFEREE, deems it
advisable to abandon and quitclaim,the hereinafter described tract of land to TRANSFEREE, and is of the
opinion that, subject to the terms and conditions herein provided, said easement is not needed for public
use and should be abandoned and quitclaimed to TRANSFEREE,as hereinafter stated; and
WHEREAS, the City Council of the City of Baytown is of the opinion that the best interest and
welfare of the public will be served by abandoning and quitclaiming the same to TRANSFEREE for the
consideration and subject to the terms and conditions hereinafter more fully set forth; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the tract of land described in Exhibit A,which is attached hereto and made a
part hereof for all purposes, be and the same is abandoned, vacated, and closed insofar as the right, title,
and interest of the public, are concerned.
Section 2: That TRANSFEREE shall comply with, and make all payments under, the Code
provisions.
Section 3: That for and in monetary consideration of the sum of ONE HUBDRED AND
00;100 DOLLARS ($100.00) paid by TRANSFEREE, which the City Council determines under Sections
2-766(e) and 2-767(a) to be the appraised market value of the Property, and the further consideration
described in Sections 4 through 7, the City of Baytown does by these presents QUITCLAIM unto the said
TRANSFEREE, subject to the conditions, reservations and exceptions hereinafter made and with the
restrictions and upon the covenants below stated, all of its right, title and interest in and to the certain
easement described in Exhibit A (the "Property") as follows: UNTO SAN JACINTO RETAIL
ASSOCIATES, LLC, all of its right, title, and interest in the Property. TO HAVE AND TO HOLD all of
such right, title and interest in and to the property and premises, subject aforesaid, together with all and
singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the
said TRANSFEREE.
Section 4: That the abandonment and quitclaim provided for herein are made subject to all
present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of
others, if any, whether apparent or non-apparent, aerial,surface, underground or otherwise.
Section 5: That the terms and conditions contained in this ordinance shall be binding upon
TRANSFEREE, its/their heir successors and assigns.
Section 6: That the abandonment and quitclaim provided for herein shall extend only to the
public right,title,easement and interest,and shall be construed to extend only to that interest the Goveming
Body of the City of Baytown may legally and lawfully abandon and vacate.
Section 7: That as a condition of this abandonment and as a part of the consideration for the
quitclaim to TRANSFEREE herein, TRANSFEREE, its.'their heir successors and assigns, to the extent
allowed by law, agree to indemnify, defend, release and hold harmless the City of Baytown as to any and
all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or
be occasioned by or from: (i)the use and occupancy of the area described in Exhibit A by TRANSFEREE,
its/their heir successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or
disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective
actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A,
which TRANSFEREE, itsltheir heir successors and assigns,agree to undertake and complete in accordance
with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation
and quitclaim by the City of Baytown of the area set out in Exhibit A. TRANSFEREE, its,'their heir
successors and assigns, hereby agree to defend any and all suits,claims,or causes of action brought against
the City of Baytown on account of same, and discharge any judgment or judgments that may be rendered
against the City of Baytown in connection therewith. For purposes hereof, "Hazardous Substance" means
the following: (a) any "hazardous substances" under the Comprehensive Environmental Response,
Compensation. and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any "hazardous
substance"under the Texas Hazardous Substances Spill Prevention and Control Act,TEX. WATER CODE,
Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or
hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils;
(d) any "hazardous chemicals" or "toxic chemicals" under the Occupational Safety and Health Act, 29
U.S.C. Section 651 et seq., as amended; (e) any"hazardous waste" under the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any "chemical substance" under the
Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or
codifications in this definition include all past and future amendments thereto, as well as applicable rules
and regulations as now or hereafter promulgated thereunder.
Section 8: That the City Clerk is hereby authorized and directed to certify a copy of this
ordinance for recordation in the official real property records of the county in which the abandonment area
is located, which certified copy shall be delivered to the Director of Department of Public Works and
Engineering, or designee.
Section 9: Upon receipt of the monetary consideration set forth in Section 3; which
TRANSFEREE shall likewise tender to the City Clerk or designee: (i) shall deliver to TRANSFEREE a
certified copy of this ordinance, and (h) is authorized to and shall prepare and deliver a QUITCLAIM
DEED with regard to the area abandoned herein to TRANSFEREE hereunder, same to be executed by the
Mayor on behalf of the City of Baytown, attested by the City Clerk and approved as to form by the City
Attorney.
Section 10: 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 to 4ofheCity 'ouncil of the City of
Baytown this the 28`h day of August, 2025. tCHARLES JO , Mayor
ATTEST:
10p1TOtyo�•r�f�?
Y
A EL JA KSO i . Cf#. •;�r
���•fffO.f Of••f 9•��
APPROVED A F of:
SCOTT LEMO D,City Attorney
R.'.Ordinances and Resolutions Ordinance Drafts 2025-08-28 Abandonment Ordinance-San Jac-SL.doex
RP-2023-239817
06/28/2023 ER $42.00
EXHIBIT "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATIONFROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY UTILITY LINE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF HARRIS §
SAN JACINTO RETAIL ASSOCIATES,a Texas limited liability company("Grantor"),
for and in consideration of TEN AND NO/100 DOLLARS ($10.00)and other good and valuable
consideration in hand paid by the CITY OF BAYTOWN, a Texas home-rule municipal
corporation ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL
and CONVEY unto Grantee, whose address for purposes hereof is 2123 Market Street, Baytown,
Texas 77520, a non-exclusive easement and right-of-way in, under, and across that certain strip
of land located in Harris County, Texas and legally described in Exhibit A attached hereto and
made a part hereof for all purposes (the "Easement Area"), for the purpose of installing,
constructing,operating,maintaining,repairing,and replacing water mains and/or sanitary sewer
lines and all related connections and appurtenances (collectively, the "Facilities").
7 TO HAVE AND TO HOLD the above described easement, together with all and singular
the rights and appurtenances thereto in any wise belonging, unto Grantee, its successors and
j assigns, until the use of such easement is relinquished or abandoned.
J
Without limiting any rights which Grantor may otherwise have as a matter of law, it is
' understood and agreed that Grantor expressly reserves unto itself and its tenants, licensees,
! successors and assigns,the right to use the Easement Area for other purposes which do not interfere
with the rights granted herein; provided, however, that neither Grantor, nor its tenants, licensees,
successors or assigns shall be permitted to erect or construct buildings on the Easement Area;
provided further, however,Grantor and its tenants, successors, and assigns, shall have the right to
dedicate, construct, place, maintain, lay, inspect, protect, operate, repair, alter, substitute, replace
and remove roads, streets, sidewalks,parking lots, sign structures, landscaped areas and other like
uses over,across,and along the Easement Area, and such activities shall not constitute a breach or
violation of the terms and provisions hereof or constitute interference with said easement. This
conveyance is made upon the condition that Grantee and any person who enters the Easement Area
will, at all times after doing any work in connection with the construction, reconstruction, repair
or removal of any improvements located within said easement, at Grantee's sole cost and expense,
restore said premises to the same condition as existed before such work was undertaken, including,
without limitation, replacing any landscaping, fences and pavement situated in the Easement Area,
and that in the use of the rights and privileges herein granted,Grantee and any person utilizing the
Easement Area will not create a nuisance or do any act that will be detrimental to said premises.
Grantee shall also remove, at Grantee's sole cost and expense, any dirt, earth, or other material
excavated from the Easement Area in connection with Grantee's construction, operation,
replacement,removal or maintenance of the Facilities that is not used in connection with Grantee's
activities hereunder. Grantee shall have no right to go or travel upon, over or across any lands of
Grantor except for the Easement Area. Nothing contained herein shall grant or be construed as
granting to Grantee the right to use the Easement Area for any purpose other than for the purposes
specified herein or to change the dimensions or location of the Easement Area. The easement
rights and privileges granted hereunder shall terminate when, or at such time, as the purposes
hereof cease to exist, are permanently abandoned by Grantee, or become impossible of
performance.
Notwithstanding the foregoing, Grantor shall have the right to relocate the Easement Area
to another portion of its real property upon written notice to Grantee. Upon receipt of such notice,
Grantee shall relocate all Facilities to the relocated easement area and Grantee and Grantor shall
prepare, executed and record an amended and restated easement agreement substantially in the
form of this agreement to memorialize such relocation.
Grantee acknowledges and agrees that Grantor may grant to others the non-exclusive right
to use all or a portion of the Easement Area, provided that such use does not unreasonably interfere
with Grantee's reasonable use of such Easement Area for the purposes herein expressed. Grantor
specifically reserves the right to construct and use driveways, parking areas, entrances and similar
areas on, over and across the Easement Area for access to and from and for ingress and egress to
and from Grantor's adjoining property. Grantee agrees to bury all Facilities to a sufficient depth
so as not to interfere with the use of the surface of the land for cultivation of crops or for a roadway
or right of way or other reasonable uses thereof by Grantor.
J
j Grantor reserves all oil, gas and other minerals in,on,or under the Easement Area.
J
This conveyance is further made subject to any and all restrictions, covenants, easements,
' rights-of-way, encumbrances, and mineral or royalty reservations or interests affecting the
Easement Area and appearing in the Official Public Records of Real Property of Haris County,
Texas, to the extent the same are in effect and validly enforceable against the Easement Area.
[SIGNATURE PAGE FOLLOWS]
Executed to be effective as of the day of ,2023.
GRANTOR:
SAN JACINTO RETAIL ASSOCIATES,LLC,
a Texas limited liability company
By: FidOak SJM Associates,LLC,
a Texas limited liability company,
its Manager
By: FRP San Jacinto Retail Associates,LLC,
a Texas limited liability company,
its Manager
By:
Alan Hoiu�^sidentem
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on thee of
J 2023 by Alan Hassenflu, President of FRP San Jacinto Retail Associates, LLC, a Texas limited
liability company,as Manager of FidOak SJM Associates,LLC,a Texas limited liability company,
as Manager of SAN JACINTO RETAIL ASSOCIATES, LLC,a Texas limited liability company,
J on behalf of said limited liability company.
Notary Public,State of Texas
7ALIA IFFI RGAN
After Recordina.Return To: 2 Notary Public,see of Texas
Comm.Expires 12.10.2025
,,,..a►`
SAN 1ACINTO RETAIL ASSOCIATES,LLC Notary 10 133494140
c/o Fidelis Realty Partners
4500 Bissonnet St., Suite 200
Bellaire,TX 77401
Attn:Mike Sanchez
LANDPOINT
EXHIBIT A
METES & BOUNDS DESCRIPTION
1.367 ACRES (59,540 SQ. FT)
GEORGE C. DAVIS SURVEY, A-1472
W.C.R.R. COMPANY SURVEY, A-899
14ARRIS COUNTY,TX
Being 1.367 acres (59,540 square feet)of land situated in the George C. Davis Survey, A-1472,
and the W.C.R.R. Company Survey, A-899, Harris County, Texas,and being a sanitary sewer
easement situated in Lot 1 (80.66 acres) San Jacinto Mall Partial Replat No. 2, according to the
map or plat thereof recorded under Film Code No. 689532 of the Map Records of Harris County,
Texas(M.R.H.C.T.)and Lot"F",San Jacinto Mall, according to the map or plat thereof
recorded in Volume 303, Page 116 M.R.H.C.T.; said 1.367 acres being more particularly
described by metes and bounds as follows:
COMMENCING at a point in the south right-of-way line of interstate Highway 10 (300 feet
wide)for the northeast corner of an easement to Houston Lighting and Power Co. as recorded in
Volume 3042, Page 9 of the Deed Records of Montgomery Count, Texas (D.R.M.C.T.)and the
hnorthwest corner of said Lot l from which a 5/8-inch iron rod found for reference bears South
J 14'21'32" West, a distance of 0.26 feet;
THENCE North 77056'03"East, 30.53 feet along the south right-of-way line of said Interstate
JHighway 10 common to the northwest line of said Lot 1 to a point;
THENCE South 12049'10" East, 133.12 feet to an angle point;
THENCE South 5698'05" East,524.5I feet to a point for the most northerly northwest corner
and POINT OF BEGINNING of the herein described tract;
THENCE over and across said Lot I and said Lot"F"the following courses and distances:
I. South 56' 24' 58" East, 16.00 feet to a point for corner;
2. South 32° 57' 39" West, 330.18 feet to a point for corner;
3. South 12' 29' 29" East, 1,127.68 feet to a point for corner;
4. South 28' 17 43" West, 80.82 feet to a point for corner;
5. South I I° 25' 43" East, 141.10 feet to a point for corner;
6. South 56' 49' 44" East, 264.99 feet to a point for corner;
7. North 33' 05' 1 1" East, 464.62 feet to a point for comer;
8. South 570 02' 38" East, 537.15 feet to a point for corner;
9. North 3311 03' 23" East, 327.52 feet to a point for corner;
Pagel of 2
10.North 5611 56' 37" West,9.00 feet to a point for corner;
11.North 33' 03' 23" East, 149.02 feet to a point for corner;
12. North 620 23' 20" East, 189.86 feet to a point for corner;
13. South 08122' 45"East, 16.95 feet to a point for corner;
14. South 62' 23' 20" West, 161.72 feet to a point for corner;
15. South 33' 03' 23" West,504.34 feet to a point for corner;
16.North 57° 02' 38" West,537.16 feet to a point for corner;
17. South 33105' l 1" West,464.68 feet to a point for corner;
18.North 560 49' 44" West, 287.71 feet to a point for corner;
19. North l 1° 25'43" West, 153.58 feet to a point for corner;
20.North 280 171 43" East, 80.65 feet to a point for corner;
21.North 120 29' 29" West, 1,128.43 feet to a point for corner;
22. North 321 57' 39" East,337.05 feet to the and containing 1.367 acres (59,540 square
feet) of land in Harris County, Texas.
An exhibit was produced by Landpoint in conjunction with these metes and bounds.
Harold L. Moyer
Registered Professional Land Surveyor
Texas Registration No. 5656
Landpoint(TBPELS Firm No. 10194172)
Job No. 22-l 832
Date: March 29, 2023
J
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RP-2023-235817
# Pages 8
06/28/2023 12:44 PM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
COUNTY CLERK
Fees $42.00
7
7
7
7
I
j RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
COUNTY CLERK
��� 5 HARRIS COUNTY.TEXAS