HomeMy WebLinkAboutOrdinance No. 16,489 (Item 6.n.)ORDINANCE NO. 16,489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A SIDEWALK EASEMENT AGREEMENT WITH
ZECHARIAH BAYTOWN, LLC; 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
Sidewalk Easement Agreement with Zechariah Baytown, 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 28th day of May, 2026.
C ARLES JOH dO, Mayor
ATTEST: }
�nvfr;.,,.,
U
O
ANGEL CO. ON, Ci-,C,ierk
APPROVED AS TO FORM:
K'RISTfN HOLMES, Assistant City Attorney
R:`Ordinances and Resolutions%Ordinance Drafts\2026-05-281.Ord-Accepting Sidewalk Easement with Zechariah Baytown, LLC.kh.docx
O ■ T
SIDEWALK EASEMENT AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REN10VE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT "TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE; IT
IS FILED FOR RECORD 1N THE. PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
That ZECHARIAH — B.AYTOWN, LIMITED LIABILITY COMPANY, a Texas Limited
I.iability company, hereinafter called "Grantor" (whether one or more), for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant,
transfer. sell, assign and convey unto THE CITY OF BAYTOWN, TEXAS, a municipal
corporation organized under the laws of the State of Texas, having an address of 2401 Market
Street. Baytown, TX 77522-0424. and to its successors and/or assigns, hereinafter called
Grantee." an exclusive and perpetual easement and right-of-way (the "Easement"), as described
in Exhibit A and depicted on Exhibit B, along. over, under and across the following described
property (the "Proyerty''):
A 0.019 of an acre, or 818 square feet more or less, out of Commercial Reserve "B", Amending Plat of
Devinwood Subdivision, Phase I, as recorded in Volume "A". Pages 263 and 264 of the Plat Records, and
convc}ed to J. Wade Sinclair and Kathryn Sinclair, as described in a deed recorded in Clerk's File No.
2019-142395 of the Official Public Records, situated in the Jacob Armstrong Survey. Abstract No. 2, in the
City of Baytown, Chambers County. "Texas. Said 0.019 of an acre being more fully described as follows,
%%ith bearings based on the "Texas Coordinate System of 1983, South Central 'Lone from the North American
Datum of 1983 (NA201 I ) epoch 2010.00:
Grantor(s) being the ovvner(s) in fee simple of the Property located in Baytown, Chambers Count\.
Texas, in consideration of the sum of One Dollar ($1.00) to Grantor(s) in hand paid by Grantee,
the receipt and sufficiency of which is hereby acknowledged. does grant, sell and convey unto
Grantee, its successors and assigns, an easement for Grantee's operation and maintenance, and
repair of sidewalks thereon for the use and benefit of the public pursuant hereto, said easement
being in, upon, under, over, across and along the Property.
Grantee's rights in and to the Easement shall include. without limitation, access to, across, along,
under and upon the Easement, to enter upon such Easement at any time to engage in such activities
as may be necessary. requisite, or appropriate in connection therewith, and to bring and operate
such equipment thereupon as may be necessary or appropriate to effectuate the purposes for which
this Easement is granted.
Grantor(s) does hereby agree, bind, and obligate Grantor(s) and Grantors' heirs, successors, and
assigns. that no structures, buildings or other improvements shall be placed in, on or along
said Easement, save and except that Grantor reserves the right to use the Easement in a
manner that does not unreasonably interfere with Grantee's use thereof, including. without
limitation, the right to construct and maintain pavement, parking. sidewalks, curb -cuts, lighting
sy stems. landscaping and fences (" lmnrovements") upon the surface of the Easement, provided.
however. that Grantee and/or its agent shall and will be released from any and all liability as a
Page 1 of 9
result of any damage to any Improvements occasioned by and in reasonable exercise of Grantee's
rights.
Grantor does hereby co%enant 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 �tiarrant and defend title thereto against the lawful claims of any persons whomsoever.
TO i IAVE AND TO HOLD the Easement in and to the Property for said purposes, together with
all the rights and appurtenances thereto in anywise belonging to the Grantee, its successors and
assigns forever. Hoy`ever, if said easement or any part thereof is ever discontinued for said
purposes, the title thereto (or to the part so discontinued) shall revert to the owners of said property.
This Easement may be executed in anv number of counterparts with the same effect as if all
signatory parties had signed the same document. All counterparts will be construed together and
will constitute one and the same instrument.
[Signature Pages to Follo�N
Page 2 of 9
EXECUTED the 13 day of 06 2026.
GRANTOR(S):
ZECHARIAH — BAYTOWN, LIMITED LIABILITY
COMPANY
a Texas Limited Liability Company
Bv: ,� `: Y
Name: c., r, at A
Title:
THE STATE OF "TEXAS
COUNTY OF
BEFORE MI---. the undersigned uthority, a Notary Public. on this day personally appeared
the.. of ZECHARIAH — BAYTOWN, LIMITED
LIABILITY COMPANY, a
"texas Limited Liability Company, k own to me to be the person and duly authorized officer
�0ose name is subscribed to the foreg.'ng instrument and who acknowledged to me that s/hc
executed the same for the purposes and co -ideration expressed and in the capacity therein stated
on behalf of said company.
GIVEN ENDER MY I LAND AND SEAL: OF OFFICE. this 1 :; day of KA _ , 2026.
SEE ATTACHED
NOTARY CERTIFICATE
Notary Public, State of "Texas
d- , C L ��
Notarv's Name Printed
Page 3 of 9
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
s.s
County of Los Angeles
On MAy l-�5� 2v2-�- before me, DANIEL HAAG, NOTARY PUBLIC
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct. �„u,�
Notary Pubk • Catffmk
Lot es
TN ESS my ha an o icial seal. Cilwimbsion
i *my Comm. Eom Sep 3, 2026
Signature of Notary Public e� Sea
-----------------------------------------------------OPTIONAL INFORMATION ----------------------------------------------------
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment
of this acknowledgment to an unauthorized document and may prove useful to persons on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of 6> i l� E W 4,
LAB 1 A (I iN
Containing — pages and dated
GRANTEE:
THE CITY OF BAYTOWN,
a municipal corporation organized under
the laws of the State of Texas
By:_
Title.
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me the day of . 2 02 6,
by THE CITY OF BAYTOWN, a municipal corporation organized under the laws of the State
of Texas.
After recording, return to:
City of Baytown City Clerk's Office
2401 Market Street,
Baytown. Texas 77520
Notary Public, State of Texas
Page 4 of 9
EXHIBIT A
rdPAPE-DAWSON
ENGINEERS _
METES AND BOUNDS DESCRIPTION
FOR
THE EASEMENT
A 0.019 of an acre, or 818 square feet more or less, out of Commercial Reserve "B", Amending
Plat of Devinwood Subdivision, Phase I, as recorded in Volume "A", Pages 263 and 264 of the Plat
Records of Chambers County, Texas, and conveyed to J. Wade Sinclair and Kathryn Sinclair, as
described in a deed recorded in Chambers County Clerk's File No. 2019-142395 of the Official
Public Records of Chambers County, Texas, situated in the Jacob Armstrong Survey, Abstract No.
2, in the City of Baytown, Chambers County, Texas. Said 0.019 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:
BEGINNING: At a 5/8 inch iron rod with a cap stamped "Wilson" found for the southwest corner
of said Commercial Reserve "B" being on the northerly cut -back corner of
Devinwood Drive (60-foot right-of-way), as recorded in Volume "A", Pages 263
and 264 of the Map Records of Chambers County, Texas and located on the east
right-of-way line of State Highway No. 146 (120-foot right-of-way) and southwest
corner of the herein described easement;
THENCE: Departing the said northerly cut -back corner, over and across said Commercial
Reserve "B, the following courses and distances:
N 11°39'02" E, a distance of 0.99 feet to a point;
Northeasterly, along a tangent curve to the right, having a radius of 5.00 feet, a
central angle of 47°58'10", a chord bearing and distance of N 35"38'07" E, 4.06
feet, for an arc length of 4.19 feet to a point;
N S9'37'12" E, a distance of 2.29 feet to a point;
Northeasterly, along a non -tangent curve to the left, a radius of 20.07 feet, a
central angle of 88°31'01", a chord bearing and distance of N 15*24'48" E, 28.01
feet, for an arc length of 31.00 feet to a point;
N 23°47'05" W, a distance of 7.23 feet to a point;
N 06*55'04" W, a distance of 2.90 feet to a point on west line of said Commercial
Reserve "B" and east right-of-way line of State Highway No. 146;
THENCE: Northeasterly, along and with the west line of Commercial Reserve "B and east
right-of-way line of said of State Highway No. 146, along a non -tangent curve to
the right, having a radius of 11399.16 feet, a central angle of 00'31'22", a chord
bearing and distance of N 12"07'37" E, 104.03 feet, for an arc length of 104.03 feet
to a 5/8 inch iron rod with a cap stamped "Pape -Dawson" set for the northwest
corner of the herein described easement;
Page 5 of 9
telephone T13.428-2400 address: 2107 CITYWEST BOULEVARD, THIRD FLOOR HOUSTON, Tx 77042 website: PAPE-DAWSON.COM
THENCE: N 78°29'23" E, departing the east right-of-way line of said of State Highway No.
146, over and across said Commercial Reserve "B, a distance of 5.47 feet to a point
for the northeast corner of the herein described easement;
THENCE: Continuing over and across said Commercial Reserve "B, the following courses and
distances:
Southwesterly, along a non -tangent curve to the left, having a radius of 11394.16
feet, a central angle of 00°31'31", a chord bearing and distance of S 12°08'13" W,
104.44 feet, for an arc length of 104.44 feet to a point;
5 06°00'09" E, a distance of 3.04 feet to a point;
S 23°47'05" E, a distance of 5.46 feet to a point;
Southwesterly, along a non -tangent curve to the right, having a radius of 25.07
feet, a central angle of 88'10'43", a chord bearing and distance of S 15°53'27" W,
34.89 feet, for an arc length of 38.59 feet to a point;
Southwesterly, along a non -tangent curve to the left, having a radius of 5.00 feet,
a central angle of 44'40'56", a chord bearing and distance of S 37°16'44" W, 3.80
feet, for an arc length of 3.90 feet to a point;
Southwesterly, along a tangent curve to the left, having a radius of 137.76 feet, a
central angle of 05°45'40", a chord bearing and distance of S 12'03'26" W, 13.85
feet, for an arc length of 13.85 feet to a point on west line of said Commercial
Reserve "B" and east right-of-way line of said State Highway No. 146;
THENCE: Northwesterly, along the west line of said Commercial Reserve "B and east right-
of-way line of said of State Highway No. 146, along a non -tangent curve to the
right, a radius of 25.00 feet, a central angle of 36°24'14", a chord bearing and
distance of N 06026'48" W, 15.62 feet, for an arc length of 15.88 feet to the POINT
OF BEGINNING, and containing 0.019 of an acre in the City of Baytown, Chambers
County, Texas.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: May 4, 2025
Job No.: 49281-24
DOC. ID. K:\survey\Survey24\49281-24\Word\FN49281-24_0.019AC S.W.E.docx
Texas Registered Engineering Firm # 470
Texas Registered Surveying Firm # 10028800
Page 6 of 9
EXHIBIT B
DEPICTION OF THE EASEMENT
Page 7 of 9
Iti-
L4 —
L3
L2 C2
C1-
L1
P.O.B.
5/8" I.R.(WLSON)
rib
F0. 5/8-
—FD. 5/8- I.R.(ALUM)
1
L5
0
JACOB ARMSTRONG SURVEY
ABSTRACT No. 2
I
COMMERCIAL RESERVE 78"
J. WADE SINCLAIR AND
KATHRYN SINCLAIR. AS NO.
U V CCCF NO. 2019-142395
i
1--L6 0.019 ACRE
'V--L7 (818 SO. FT. MORE OR LESS)
/ .40
�- SEE DETAIL 'A'
(ON SHEET 2) SET 5I8� I.R. (PO)
-cs C—�
C7 _
\-SET 5/8- I'R- (PD)
sn. 5/8' L R' PALS
--SET 5/8- I.R. (PD)
'-,—SET I.R. (PO)
O0� pRIVE
pEVIN (60 pUBLIG R.o.w.)
Page 8 of 9
inch = 60'
60' 0' 30' 80'
EXHIBIT OF A
5-FOOT WIDE
SIDEWALK EASEMENT
0.019 ACRE. (818 SO. FT.)
CITY OF BAYTOWN,
CHAMBERS COUNTY, TEXAS.
IdP�APE,�AWSON
ENGINEERS
:ICJ WsT &.v m iLa NOm's T, nw, , M-28'uw
SHEET 1 OF 2
MAY 2025 — JOB No.:49281-24
LINE TABLE
LINE
BEARING
LENGTH
LI
NII'39'02"E
0.99'
L2
N59'37'12"E
2.29'
L3
N2347'05"W
7.23'
L4
N06'55'04"W
2.90'
L5
N78'29'23"E
5.47'
L6
S06'00'09"E
3.04'
L 7
S23.4 7'05 "E
5. 46'
CURVE TABLE
CURVE
RADIUS
DEL TA
CHORD BEARING
CHORD
LENGTH
C1
5.00'
47'58'10'
N35"38'07"E
4.06'
4.19'
C2
20.07'
883l'01'
N15'24'48"E
28.01'
31.00'
C3
11399.76'
0'31'22'
N12'07'37"E
104.03'
104.03'
C4
11394.16'
0 31 '31 '
S12'08'13'W
104.44'
104.44'
C5
25.07'
68'10'43"
S15 53'27"W
34.89'
38.59'
C6
5.00'
44'40'56"
S37-16'44"W
3.80'
3.90,
C7
137.76'
545'40"
S12'03'26 "W
13.85'
13.85'
C8
25.00'
3624'14"
N06-26'48"W
15.62'
15.88'
NOTES:
I THE PROFESSIONAL SERVICES PROVIDED HEREWITH
INC'_UDE THE PREPARATION OF A METES AND BOUNDS.
2 1HEBEARINGSARE BASED ONTHETEXAS COORDINATE
SYSTEM OF 1983. SOUTH CENTRAL ZONE FROM THE
NORTH AMERICAN DATUM OF 1983 (NA2011) epoch
2010.00.
LEGEND:
CCCF NO.
CHAMBERS COUNTY CLERK'S FILE NUMBER
CCDR
CHAMBERS COUNTY DEED RECORDS
CCMR
CHAMBERS COUNTY MAP RECORDS
FD
FOUND
I,R.
IRON ROD
P.O.B.
POINT OF BEGINNING
NO,
NUMBER
ROW
RIGHT -OF -WAY
i
/ 12 // I \
/ Of\
trI Cl '�
J1 L1 }
I / I
I �
1 P.0.8. C6 1
/
� f /
\\ DETAIL 'A' EXHIBIT OF A
(N.r.s.) , 5-FOOT WIDE
Page 9 of 9
SIDEWALK EASEMENT
0.019 ACRE, 1818 SQ. FT.)
CITY OF BAYTOWN,
CHAMBERS COUNTY, TEXAS.
idPAPE4MWWN
EN6lNE MS
SHEET 2 OF 2
MAY 2025 - JOB No.: 49281- 24