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
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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
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SAi�rxnsuavEv vUSmEVMED'nlfxwREFNEBi OGANrT2Ni THE
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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'
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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
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Parcel Line Table
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L, 3U.W SIT W 30'E
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354.93 NtY 04'3Pw
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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 {
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n ev weoF.,v,rnscus
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xa mm
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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