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HomeMy WebLinkAboutOrdinance No. 16,533 (Item 9.l.)ORDINANCE NO. 16,533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A UTILITY EASEMENT AGREEMENT FROM TEN GARTH, LTD 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 Utility Easement Agreement from Ten Garth, Ltd, 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 23rd day of July, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk SCOTT LEMOND, City Attorney R:\Ordinances and Resolutions Ordinance Drafts 2026-07-23 Ordinance Accepting Utility Easement with Ten Garth.mhs.docx EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR The William J Rapson, Jr., Limited Partnership, a Texas limited partnership and owner of the below -described real property, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed by GRANTOR, has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, a utility easement, being 0.0733 of an acre, above, across, over and under the real property located in Harris County, Texas, which is more particularly described in Exhibit(s) "A", which is attached hereto and incorporated herein for all intents and purposes (the "Easement Area"). TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress to and from said easement for the purpose of constructing, inspecting, repairing, maintaining and removing water lines, structures and other improvements, unto GRANTEE, its successors and assigns forever. All improvements constructed in the Easement Area by GRANTEE shall be placed underground, except for manhole covers and other related surface appurtenances that are necessary to the operation of the applicable utility. GRANTEE agrees after constructing, inspecting, repairing, maintaining and removing all lines and structures located within said easement, it shall repair any damage to the surface of the easement caused by GRANTEE, its agents or employees. This easement is non-exclusive and GRANTORS may also utilize the easement area (and/or convey other easements over the easement Utility Easement, Page 1 area) so long as GRANTORS' use does not interfere with GRANTEE'S full enjoyment of its rights granted herein. GRANTOR agrees to bind itself, its successors and assigns to WARRANT and FOREVER DEFEND, the said property unto the said GRANTEE, CITY OF BAYTOWN, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this the lei day of 2026. GRANTOR: The William J. Rapson, Jr., Limited Partnership, a Texas limited partnership By: Rapson, LLC, a Texas limited liability company By Signature Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, Ieeane CexMnps the undersigned notary public, on this day personally appeared 4,epyJomCACy , the C-Eenej ��— of - WA� m �. Ranson , the owner of the above -referenced property, Jr. L: C^ IA-q�od (Check one) )& known to me; ❑ proved to me on the oath of ; or ❑ proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} Utility Easement, Page 2 to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _A day of 2026. JAYLIENE SEPAANO Notary 10 01.350%679 My Commfssfon Expires September 19, 2028 GRANTOR'S ADDRESS: :111D N. POS+ Oak Rd. 5wkf- !tb0 jNu%A &lean , T" a S 11 WIf RETURN TO GRANTEE: CITY OF BAYTOWN Attn: City Clerk 2401 Market Street Baytown, Texas 77520 No,gy P blic in and for the State of XW My commission expires: q-19 -aDa� Utility Easement, Page 3 STATE OF TEXAS) COUNTY OF HARRIS) WATER UNE EASEMENT) FIELD NOTES of a 0.0733 of an acre of land situated in the George C. Davis Survey, Abstract 1472 and the W. C. R. R. Co. Survey No. 1, Abstract 899, Harris County, Texas. Said 0.0733 of an acre being out of and a part of the residue of that certain 9.9554 acre tract described in County Clerk's File #5993564 of the Official Public Records of Real Property of Harris County, Texas. Said 0.0733 of an acre being more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES AND COORDINATES ARE GRID. SCALE FACTOR = N/A. REFERENCE IS MADE THE MAP OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 5/8 inch iron rod, with cap (MGM INC RPLS 4748), found in the South right-of-way line of Interstate Highway 10 (300 feet wide right-of-way) and the North line of that certain 0.619 of an acre (60 feet wide) Private Access Easement for Driveway recorded under County Clerk's File #RP-2016- 175576 of the Official Public Records of Real Property of Harris County, Texas for the Northeast corner of said 9.554 acres, the Northwest corner of said 41.541 acres, the Northeast corner of that certain 9 feet wide Waterline Easement and the Northwest corner of that certain 7 feet wide Waterline Easement as recorded under County Clerk's File #RP-2016-155284 of the Official Public Records of Real Property of Harris County, Texas and the Northwest corner of Lot 1, Block 1 of Salt Grass Steak House Baytown as recorded under County Clerk's File #RP-2016-253909 of the Official Public Records of Real property of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value ofY=13,861,137.12 and X=3,239,243.07. THENCE: South 12'04'30" East along the East line of said 9 feet wide Waterline Easement, the East line of said 9.554 acres, the West line of said 41.541 acres and the West line of said 7 feet wide Waterline Easement for a distance of 320.28 feet to a point for the Southeast corner of said 9 feet wide Waterline Easement and the Southwest corner of said 7 feet wide Waterline Easement. Said point being the Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,860,825.39 and X=3,239,316.92. THENCE: Continue South 12'04'30" East along the East line of this tract, the East line of said 9.554 acres and the West line of said 41.541 acres for a distance of 354.93 feet to a point for the Southeast corner of this tract. PAGE 2 — 0.0733 OF AN ACRE, WATER LINE EASEMENT. THENCE: South 77'53'3W West along the South line of this tract for a distance of 9.00 feet to a point for the Southwest corner of this tract. THENCE: North 12'04'3W West along the West line of this tract for a distance of 354.94 feet to a point for the Northwest corner of this tract and the Southwest corner of said 9 feet wide Waterline Easement. THENCE: North 77'55'30" East along the North line of this tract and the South line of said 9 feet wide Waterline Easement for a distance of 9.00 feet to the PLACE OF BEGINNING and containing within these boundaries 0.0733 of an acre. SURVEYOR'S CERETIFICATE 1, Juliene Harrod, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared by me on May 12, 2026 and that all lines, boundaries and landmarks are based on previous surveys performed under my supervision. WITNESS my hand and seal at Baytown, Texas, this the 12' day of May, A. D., 2026. Juliene Harrod,�" o. R. P. L. S. No. 4379 (�P•�G� s r``F 25-7026.w.I.e.RARfdn Hutchison & Associates, Inc. JULIENE HARROD ------------- 1209 Decker Drive, Ste. 100 �� �, 4379 moo' Baytown TX 77520 ;,��"*�.....• �-_1 Engineering Firm #F-267 .c S_U P. Surveying Firm #100293-00 �' 140 ERSTATEWOFRpm HwAY x'-243712 INTFWND S'B•R N'FAP IN— (NC PoINfPoB wfCNFA RPL59t4B1 x 54'T WFAP(�ZBRs. LOT 1, BLOCK 1 RAPSON PAD MLYOR REPLAT LFENP-m,�i.00 Parcel Line Table LineY LexSL1 pyectlon L1 J50.93 5:204'JPE u 9.00 ST7•Sa'3vW L3 359.99 N1Y DC'30`W x0U NIT 55'30•_ 2.50 ACRES ,xF,N,�.�.BA�Dx.,� u.•rEDP.BixEBSHu' .N➢oA— �w o � n 60 90 O 90 6O so".. f fAreff = 60' E tC cEx➢nu xorEs. troaWpncfi AAE 1AY0Hµ �wgNWATE SINDAuwOPDIxA;Es _ iF.v. SgrtH CENIiV1ZN1E / miNE uETF9 /AND BOUM05 DtSCRNIIDr Dim / / Mx Mh �PNMtuDTNis x.P �� / A�BDYW iowo0 ulwegNCE w,tE NnvwtavUNm nalFi No. r]eLl aTED MNUMv4 Mt). FON euWLswUxIY.'E%as ule a utEAs. MESUBlEC, iR.ILibNOYM HERE6v65TuiEo w NNE -x- ryxsnopEnl AND xoNE •AE• ryNnD Eo) SAi�rxnsuavEv vUSmEVMED'nlfxwREFNEBi OGANrT2Ni THE C �SUBIECiTwectETt�EtM1siFN�F�PE��eitv'E ..iHF y EBEDN cm+ 1 En tn y -MAP- BEING 0.0733 OF AN ACRE OF LAND SITUATED IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472 AND THE W. C. R. R. CO. SURVEY NO. 1, ABSTRACT 899, HARRIS g' x COUNTY, TEXAS. SAID 0.0733 OF AN ACRE BEING OUT OF Ii 7. AND A PART OF THE RESIDUE OF THAT CERTAIN 9.9554 ACRES DESCRIBED IN COUNTY CLERK'S FILE #S993564 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY - ` 9 OF HARRIS COUNTY, TEXAS. IP�'1 x 1 / L WUN / t6tY0E 5^1dfM-Atli. Y GLF �ayH.GTi' u.6N POB Y=1J,M0,82JPJ / L 1 1 x��Jea1Dm A GEORGE C. DAVIS SURVEY A - 1472 11 GEDRGEDu,w,TRus',EF { 0.0739 UP" ACRE = 1 PROPOSED ,1 /AM LING �.YRYEENT m j � 7D,. A rt I, JULIENHERE. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4079. DOO HEREBY CERTIFY THAT THIS MAP DELINEATES A PROPOSED WATER LINE EASEMENT, MADE BY ME ON MAY 12, 2026 AND THAT ALL LINES, BOUNDARIES AND LANDMARKS ARE _ rADPmEo 1 1 BASED ON PREVIOUS SURVEYS PERFORMED UNDER MY SUPER. VISION. ASA EM VIATN` TEXAS, B12 HAND MOSEAL. t THISE D, 2MOVJN, THIS THE 1Z1H DAY OF RMY. A. D� 2026. — 1 (I OF f_GM• i—✓V` �'s ref wa.m.Ea �'arrv! l2 �`��00 � RPo 9 HARROD R. P. L.S. No. 0.179 JULIENE HARROD ,?%,% 4379 re' stiD.,yEws���o SURD W. C. R. R. CO. SURVEY NO. 1 pp A - �99 DlFICLY UNJC PECDRiE MRPR NUNfY. T=iat ORAIYN BY: JOB: 25- HUTCHISON & ASSOCIATES !WN 70,' CHECKED: SLP1E: ENGINEERS • SURVEYORS — 281-422-8213 AR ENG. FIRM f F-267 — SURVEYING FIRM # 100293-00 DAr- sro:ET of 888 1209 DECKER DR. BAYTOWN, TEXAS T7520 05-12-26 1 EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR Ten Garth, Ltd., a Texas limited partnership and owner of the below - described real property, for and in consideration of the sum of TEN AND NO/100 DOLLARS 10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed by GRANTOR, has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE CITY OF BAYTOWN, a municipal corporation in Harris and Chambers Counties, Texas, a utility easement, being 0.0570 of an acre, above, across, over and under the real property located in Harris County, Texas, which is more particularly described in Exhibits "A", which is attached hereto and incorporated herein for all intents and purposes (the Easement Area"). TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress to and from said easement for the purpose of constructing, inspecting, repairing, maintaining and removing water lines, structures and other improvements, unto GRANTEE, its successors and assigns forever. All improvements constructed in the Easement Area by GRANTEE shall be placed underground, except for manhole covers and other related surface appurtenances that are necessary to the operation of the applicable utility. GRANTEE agrees after constructing, inspecting, repairing, maintaining and removing all lines and structures located within said easement, it shall repair any damage to the surface of the easement caused by GRANTEE, its agents or employees. This easement is non-exclusive and GRANTORS may also utilize the easement area (and/or convey other easements over the easement Utility Easement, Page 1 area) so long as GRANTORS' use does not interfere with GRANTEE'S full enjoyment of its rights granted herein. GRANTOR agrees to bind itself, its successors and assigns to WARRANT and FOREVER DEFEND, the said property unto the said GRANTEE, CITY OF BAYTOWN, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this t' *'' day of 2026. GRANTOR: Ten Garth, Ltd., a Texas limited partnership By: . Sig afore 6ea-fe Printed Name @f N ere,l 0G.-4,1 Q Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned notary public, on this day personally appeared EXUTAC .-; , the (aejikeMj QhrftYX of Ten C-tar-M Limftr , the owner of the above -referenced property, Check one) J9 known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this J day of , 2026. Utility Easement, Page 2 JAYIEENE SERRANO Notary ID #135096679 My Commission1 Expires to public in and for the State ofSeptembef48, 2428 e 4 My commission expires: 9—I%- p2$ GRANTOR'SDD. 711b VA. PfJRel. SUvk- g,WO fa:), h dj RETURN TO GRANTEE: CITY OF BAYTOWN Attn: City Clerk 2401 Market Street Baytown, Texas 77520 RAMiriam Schoen\Templates\LABELS - TEMPLATES\Utility Easement Template.docx Utility Easement, Page 3 E-xHigl%A STATE OF TEXAS) COUNTY OF HARRIS) WATER LINE EASEMENT) FIELD NOTES of a 0.0570 of an acre of land situated in the George C. Davis Survey, Abstract 1472 and the W. C. R. R. Co. Survey No. 1, Abstract 899, Harris County, Texas. Said 0.0570 of an acre being out of and a part of the residue of that certain 41.541 acre tract described in County Clerk's File #2008027538 of the Official Public Records of Real Property of Harris County, Texas. Said 0.0570 of an acre being more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES AND COORDINATES ARE GRID. SCALE FACTOR = N/A. REFERENCE IS MADE THE MAP OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a 5/8 inch iron rod, with cap (MGM INC RPLS 4748), found in the South right-of-way line of Interstate Highway 10 (300 feet wide right-of-way) and the North line of that certain 0.619 of an acre (60 feet wide) Private Access Easement for Driveway recorded under County Clerk's File #RP-2016- 175576 of the Official Public Records of Real Property of Harris County, Texas for the Northeast corner of said 9.554 acres, the Northwest corner of said 41.541 acres, the Northeast corner of that certain 9 feet wide Waterline Easement and the Northwest corner of that certain 7 feet wide Waterline Easement as recorded under County Clerk's File #RP-2016-155284 of the Official Public Records of Real Property of Harris County, Texas and the Northwest corner of Lot 1, Block 1 of Salt Grass Steak House Baytown as recorded under County Clerk's File #RP-2016-253909 of the Official Public Records of Real property of Harris County, Texas. Said COMMENCING POINT has a State Plane Coordinate Value ofY=13,861,137.12 and X=3,239,243.07. THENCE: South 12'04'30" East along the East line of said 9 feet wide Waterline Easement, the East line of said 9.554 acres, the West line of said 41.541 acres and the West line of said 7 feet wide Waterline Easement for a distance of 320.28 feet to a point for the Southeast corner of said 9 feet wide Waterline Easement and the Southwest corner of said 7 feet wide Waterline Easement. Said point being the Northwest corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,860,82539 and X=3,239,316.92. THENCE: North 77'55'30" East along the North line of this tract and the South line of said 7 feet wide Waterline Easement for a distance of 7.00 feet to a point for the Northeast corner of this tract. THENCE: South 12'04'30" East along the East line of this tract for a distance of 354.93 feet to a point for the Southeast corner of this tract. PAGE 2 — 0.0570 OF AN ACRE, WATER LINE EASEMENT. THENCE: South 77'53'30" West along the South line of this tract for a distance of 7.00 feet to a point for the Southwest corner of this tract in the West line of said 41.541 acres and the East line of said 9.554 acres. THENCE: North 12°04'30" West along the West line of this tract, the West line of said 41.541 acres and the East line of said 9.554 acres for a distance of 354.93 feet to the PLACE OF BEGINNING and containing within these boundaries 0.0570 of an acre. SURVEYOR'S CERETIFICATE I, Juliene Harrod, Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were prepared by me on May 12, 2026 and that all lines, boundaries and landmarks are based on previous surveys performed under my supervision. WITNESS my hand and seal at Baytown, Texas, this the 12' day of May, A. D_, 2026. OF,•,•...,•T{r;%, Juliene Harrod F S T ERFR. P. L. S. No. 4379 G1 e ; 25-7026.w.I.e.TEN.fdn Hutchison & Associates, Inc. 7 JULIENE HARROD 1209 Decker Drive, Ste. 100 4379 o Baytown, TX 77520 E ; Es s Nov0 '' Engineering Firm #F-267 a 4 Y. S U_ F, = Surveying Firm #100293-00 90 T R5TA,r,V 14 GHwAY r° 3,.,3 ,_ IN XJ,239,24.T.OT FWND WIR W9CAP I'— WC RPL3 4]40) vIKJAIfatBW n>rmvv:zu . 2a LOT 1, BLOCK 1 RAPSON PAD MINOR REPEAT Parcel Line Table U- Len9,N I OB - L, 3U.W SIT W 30'E L2 T.UO 9TT SJ JO^N 354.93 NtY 04'3Pw L4 ].00 NTT Si' 30'£ TME 2.50 ACRES M 60 90 O 90 60 SCALE.- 1 INCB = 60' TO' GEnERu xo*Fs. BEIPoNGSMELM,BERlaim BFNVMS ANUJuiaXlRlnwlES REFEn I aJaRvcwTe.9 anE ur.'oo.suue creran. e. OT'_ MLTEs.wO Bouups BEscRICO[x of nERea.199rtu4TE. mzoriuswc lusm+e rs«noen AnOn REOMCnW vDwRvcue s a e a r eq TnErQ'CE isinavx NFA y MAP- In BEING 0.0570 OF AN ACRE OF LAND SITUATED IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472 AND THE W. C. R. R. CO. SURVEY NO. 1, ABSTRACT 899, HARRIS S= n COUNTY, TEXAS. SAID 0.0570 OF AN ACRE BEING OUT OF Ig xn0 x AND A PART OF THE RESIDUE OF THAT CERTAIN 41.541 Gvl ACRES DESCRIBED IN COUNTY CLERK'S FILE #2008- 410 Lf 027538 OF THE OFFICIAL PUBLIC RECORDS OF REAL C1 PROPERTY OF HARRIS COUNTY, TEXAS. 11 lFGu e• A4r Y o Kc.T'ti P X=3,2393, D.0] GEORGE C. DAVIS SURVEY sag A — 1472 1 { 1 n ev weoF.,v,rnscus rEn Q.anL ua JJ lUMv,.AeB I f xa mm 1 mrcw.wu.,,r.,sna 1 { 0.0"o OF " ACRE PROPOSED Wk 1 REGISTERED PROFESSIONALLAND SURVEYOR I,O. 1fNO. POS DO HEREBY CERTIFY THAT THIS MAP DELINEATES . Q79EDOPROPOSED WATER LINE EASEMENT. MADE BY ME ON MAV 12. 1 AND THAT ALL LINES, BOUNDARIES AN UNDER My BASEDONPREVIOUSSURVEYSPERFORMEDUNDERMYSUPER- BASEDVISION. enaeJ JJ1 ` WTNESS MY HAND AND SEAL AT BAYTOWN. THIS THE 12TH DAY OF MAY. A. D(..j2026. TEXAS. sTrsTstfJJ 1 OF P'` J r 11 RF 7R JULE HARROD R. P. L S. NO. Q79 JULIENE NARROO sP 4379 O U SRV 3TAE F 'JA W. C. R. R. CO. SURVEY NO. 1 10: uALWN J. RAPSOn. R.. ONrtED aARtnEes A — 899 DRAWN BY HUTCHISON & ASSOCIATES CHECKED ENGINEERS • SURVEYORS — 281-422-8213 ENG. FIRM # F-267 — SURVEYING FlRM # 100293-00 enTE 888 1209 DECKER DR. BAYTOWN. TEXAS 77520