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Home My WebLink AboutOrdinance No. 16, 472 (Item 7.p.) ORDINANCE NO. 16,472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A WATER METERING DEVICE AND ACCESS EASEMENT AGREEMENT WITH CFT NV DEVELOPMENTS, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME; 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 accepts a Water Metering Device and Access Easement Agreement with CFT NV Developments, LLC, and authorizes the City Manager to execute and the City Clerk to attest to the same. Such 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 affirmative vote of the City Council of the City of Baytown this the 141h day of May, 2026. ZL - - - RLES JOHN Mayor ATTEST: f ash\ sjer* %i4 ANGELA CKSON, C.�t APPROVED A TO ORM: SCOTT LE ND, City Attorney Iopt/datalogics/public/10246c863-Oa9e-4d5e-ae35-aa0ecb9lblea/28203_Ordinance_Accepting Water Meter_Easement.kh.docx EXHIBIT A RECORDING REQUESTED BY: CFT NV Developments, LLC AND WHEN RECORDED MAIL TO: CFT NV Developments, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 Attn: Real Estate Legal Department WITH A COPY TO: City of Baytown Attn: City Clerk P.O. Box 424 Baytown, Texas 77522 SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER METERING DEVICE AND ACCESS EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THIS INDENTURE, made this day of April, 2026, by and between CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company (hereinafter referred to as "Grantor"), and CITY OF BAYTOWN, a political subdivision of the State of Texas (hereinafter referred to as "Grantee"). WITNESSETH: That the said Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the Grantee, its successors and assigns, the easement described below. Grantor does hereby grant and convey to Grantee, its successors and assigns, a perpetual, non-exclusive easement for the purpose of accessing, inspecting, and maintaining water metering devices located within the said easement, including the right of ingress and egress over the easement for such purposes. The said easement being more particularly defined in the metes and bounds description attached as Exhibit"A," which by reference is incorporated herein. When practicable,Grantee shall provide Grantor with prior notice of non-emergency entry onto the Easement Area for scheduled maintenance or construction activities and shall conduct its activities in a commercially reasonable manner to minimize interference with Grantor's operations. Grantee shall, at its sole cost and expense, promptly repair any damage to the Easement Area or adjacent property caused by Grantee or its employees and restore affected areas to substantially the same condition that existed immediately prior to the work, reasonable wear and tear excepted. Grantor reserves the right to use and enjoy the surface and subsurface of the Easement Area for any and all purposes that are compatible with, and do not materially interfere with, Grantee's rights expressly granted herein, including without limitation paving, landscaping, parking, drive aisles, utilities, signage, and fencing with gates providing Grantee access, provided such uses do not prevent reasonable access to and operation of the water metering device. Grantor does hereby covenant with Grantee that it is the owner of record and lawfully seized and possessed of the property above described; that it has a good and lawful right to convey said property or any part thereof, that said property is free from all encumbrances; and that Grantor will forever warrant and defend title thereto against the lawful claims of any persons whomsoever. Notwithstanding the foregoing, Grantee shall be responsible, to the extent allowed by Texas law, for any damage to the Easement Area or adjacent property caused by the negligent acts or omissions of Grantee or its employees in connection with Grantee's use of the Easement Area. TO HAVE AND TO HOLD, the said easement unto the Grantee, its successors and/or assigns forever. (Signature Page Follows) IN WITNESS WHEREOF, the parties have executed this Indenture as of the day and year first above written. GRANTOR: CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company By: Name: Title: APPROVED AS TO FORM: By: (Notary to attach acknowledgment for each signature.) Exhibit "A" PAPE - DAWSON METES AND BOUNDS DESCRIPTION FOR WATER METER EASEMENT A 0.0005 of an acre, or 20 square feet more or less, being a portion of Lot 10, Block 2 of Final Plat of Chambers Commons Subdivision, as recorded in Plat No. 2023-197006 of the Plat Records of Chambers County,Texas and being a portion out of a called 12.70 acre tract, conveyed to KM 146 Partners, LP, described in a deed recorded in Clerk's File No. 2024-204198 of the Official Public Records of Chambers County,Texas, situated in the William Bloodgood Survey, Abstract No. 4, in Chambers County, Texas. Said 0005 of an acre being more fully described as follows, with bearings based on the Texas Coordinate System of 1983, South Central Zone from the North American Datum of 1983 (NA2011) epoch 2010.00: COMMENCING: At an "X" in concrete found for the southwest corner of said Lot 10 and northwest corner of Lot 11, of said Block 2, located on the east line of Lot 7, Block 2 of Chambers Commons Amending Plat No. 1, as recorded in Plat No. 2024- 206575 of the Plat Records of Chambers County, Texas; THENCE: Departing the east line of said Lot 7, over and across said Lot 10, the following courses and distances: S 79°45'40" E, a distance of 19.11 feet to the POINT OF BEGINNING and southwest corner of the herein described tract; N 12°07'20" E, a distance of 10.00 feet to a point for northwest corner of the herein described tract; S 77°52'40" E, a distance of 2.00 feet to a point for northeast corner of the herein described tract; S 12°07'20" W, a distance of 10.00 feet to a point for southeast corner of the herein described tract; 2107 CityWest Boulevard,Third Floor, Houston, Texas 77042 713-428-2400 PAPE-DAWSON.COM Texas Engineering Firm 4470 Texas Surveying Firm #70028800 Proposed Water Meter Easement FN42468-00 AC Page 2 of 2 N 77°52'40" W, a distance of 2.00 feet to the POINT OF BEGINNING, and containing 0005 of an acre in Chambers County, Texas. Said tract being described in accordance with a survey made on the ground and a survey map prepared under job number 42468-00 by Pape-Dawson Engineers, Inc. BY: Pape-Dawson Engineers, Inc. DATE: November 11, 2025 Job No.: 42468-00 DOC. ID. K:\Survey\PROJECTS\CIVIL HOUSTON\42468-00\Word\FN42468-00_20 SF W.M.E.docx Texas Registered Engineering Firm#470 Texas Registered Surveying Firm#10028800 OF JAMES 9 5717 �f 0Ress%o r SURVE'�� PAPE-DAWSON 1 1 � U W "X" IN CONC. � D / m ti , LOT 9/BLOCK 2 I a� I \O —— Q\ / U / °� 00�GGQ I FD. 5/8" I.R. (WINDROSE) JO / Q�P- 00 LOT 10/BLOCK 2 KM 146 l L3 \\ l I �\�G°`y0 CALLED 12 AR , 0ERS ACRES / I P.O.B.C J P�0 0 CCCF NO. 2024-204198 \ L1 ____ iz �\ Ls / I / G�Q�P ~� I Z � F-- � t�o I � QUVU -- - 0.0005 ACRE Za ; �o�M(0 P.O.C. / I (20 SO. FT. MORE OR LESS) a^o / 0.a a FD. "X" IN CONC. I 4 N / _ -� Cb M,� >_.i I W i I LU.0 o o I I I � 8 LOT 11/BLOCK 2 RFD. 5/8" I.R. (WINDROSE) 1 inch = 60' a 60' 0' 30' 60' WILLIAM BLOODGOOD SURVEY1 ABSTRACT No. 4 a ,l EXHIBIT OF A E A I LINE TABLE 21X I O1 WATER 6 in METER EASEMENT LEGEND: I LINE BEARING LENGTH a= 0.0005 ACRE,(20 SQ. FT.) s NOTES: CCCF CHAMBERS COUNTY CLERK'S FILE L1 S79'45'40"E 19.11' CITY OF BAYTOWN, Er, l. THE PROFESSIONAL SERVICES PROVIDED HEREWITH CCMR CHAMBERS COUNTY MAP RECORDS L2 N12'07'20"E 10.00' CHAMBERS COUNTY, TEXAS. I'o INCLUDE THE PREPARATION OF A METES AND CCOR CHAMBERS COUNTY DEED RECORDS ri FD. FOUND PAPE—DAWSON o 0. BOUNDS. I.R IRON ROD L3 S77'52 40"E 2.00' 2. THE BEARINGS ARE BASED ON THE TEXAS I 2187 CITYWEST BLVD.7RD FLR I HOUSTON.TX 770/2 1 710 428 2400 g COORDINATE SYSTEM OF 1983, SOUTH CENTRAL P O.C. POINT OF COMMENCEMENT L4 S12'07'20"W 10.00' ZONE FROM THE NORTH AMERICAN DATUM OF 1983 P.O.B. POINT OF BEGINNING TEXAS ENGINEERING FIRM N470 I TEXAS SURVEYING FIRM#10028800 'o NO. NUMBER Z x (NA201 1)epoch 2010.00. L5 N77'52'40"W 2.00' R.O.W. RIGHT-OF-WAY SHEET 1 OF 1 s " NOVEMBER 2025 - JOB No.:42468-00 o�