HomeMy WebLinkAboutOrdinance No. 16,534 (Item 9.m.)ORDINANCE NO. 16,534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A UTILITY EASEMENT AGREEMENT FROM
WILLIAM J. RAPSON, JR., LIMITED PARTNERSHIP 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 William J. Rapson, Jr., Limited Partnership, 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 Water Meter Easement.mhs.docx
EXHIBIT
WATER METERING DEVICE AND ACCESS EASEMENT
(0.0117 acres)
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS §
THIS INDENTURE, made this �J day of May, 2026, by and between THE WILLIAM
J. RAPSON, JR., LIMITED PARTNERSHIP, a Texas limited partnership (hereinafter referred
to as "Grantor"), party of the first part, and CITY OF BAYTOWN, a political subdivision of the
State of Texas (hereinafter referred to as "Grantee"), parry of the second part.
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.
GRANTEE shall provide Grantor not less than 24 hours prior written notice before entering
the Easement Area, except in the event of an emergency threatening life, property, or essential
public services. Entry and work shall occur only during reasonable hours, and in a manner designed
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 contractors, employees, or agents, 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.
Grantor makes no express or implied representations or warranties regarding the condition, fitness,
or suitability of the Easement Area for Grantee's use and disclaims all warranties except the
covenant of title stated herein. Grantee shall defend, indemnify, and hold harmless Grantor and its
members, managers, affiliates, employees, agents, successors, and assigns from all claims,
liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees)
arising from Grantee's entry, use, or activities within the Easement Area, except to the extent
caused by Grantor's gross negligence or willful misconduct
TO HAVE AND TO HOLD, the said easement unto the party of the second part, its
successors and/or assigns forever.
IN WITNESS WHEREOF, the parties have executed this Indenture as of the day and
year first above written.
EXECUTED this the l t day of May, 2026.
GRANTOR:
The William J. Rapson, Jr., Limited Partnership,
a Texas limited partnership
By: Rapson, LLC, a Texas limited liability
company
By: '.lei
Signature
Printed
AName
y �tJs.u4� Jo g,^ -
Title
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the Iq day of May, 2026, by
Leo kjj2n CjoX Fser-erQ1 rar+,X of Rapson, LLC, a Texas limited
liability company, General Partner of The William J. Rapson, Jr., a Limited Partnership, a Texas
limited partnership, on behalf of said limited partnership.
.+f •�� JAYLEENE SERRANO
: Notary ID *135096679,
AAy Commission Expires
September 19, 2028
GRANTOR'S ADDRESS:
110 h1. QOSk bQK Fed., 5ui$e, `OO
1%%AGAu1 s TcYaS 170ay-
RETURN TO GRANTEE:
CITY OF BAYTOWN
Attn: City Clerk
2401 Market Street
Baytown, Texas 77520
tart' ublic, State of Texas
My commission expires: q -► $ -Aeoxs
�XNrg�T �
STATE OF TEXAS)
COUNTY OF HARRIS)
WATER METER EASEMENT)
FIELD NOTES of a 0.0117 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 0.0117 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 #S993564 of the
Official Public Records of Real Property of Harris County, Texas. Said 0.0117 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 point in the South right-of-way line of Interstate Highway 10 (300 feet wide right-of-
way) for the Northwest corner 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 and the Northeast corner of Lot 1, Block 1, Rapson Pad Minor Replat as
recorded under County Clerk's File #RP-2016-497400 of the Map Records of Harris County, Texas. Said
COMMENCING POINT has a State Plane Coordinate Value of Y=13,861,119.29 and X=3,239,159.96; from
which a found 5/8 inch iron rod, with cap (AGS), bears North 77°01'25" East 2.12 feet.
THENCE: South 57'05'30" East along the West line of said 0.619 of an acre and the East line of line of
said Lot 1, Block 1 for a distance of 35.35 feet to a 5/8 inch iron rod, with cap (South Texas Surveying),
found for an angle point in said line.
THENCE: South 12'04'30" East along the West line of said 0.619 of an acre and the East line of said Lot
1, Block 1 for a distance of 285.35 feet to a 5/8 inch iron rod found for the BEGINNING POINT of a curve
to the right, concave Westerly.
THENCE: Along and around said curve to the right in a Southerly direction, along the West line of said
0.619 of an acre and the East line of said Lot 1, Block 1; said curve having a radius of 25.00 feet, a central
angle of 01'03'56" and a chord bearing and distance of South 11'32'14" East 0.46 feet, for an arc length
of 0.46 feet to a point for the TERMINATION POINT of said curve at the Southeast corner of said Lot 1,
Block 1 and the Northeast corner of that certain 2.50 acres conveyed by The Wiliam J. Rapson, Jr.,
Limited Partnership to Gomez Real Estate LLC., by Deed dated June 5, 2025 and recorded under County
Clerk's File No. RP-2025-217939 of the Official Public Records of Real Property of Harris County, Texas.
THENCE: South 12'04'30" East along the West line of said 0.619 of an acre, the East line of said 2.50
acres and at 128.36 feet pass a point for the Southwest corner of said 0.619 of an acre and the
Northwest corner of that certain 0.3251 of an acre Driveway Access Easement Extension between The
William J. Rapson, Jr., Limited Partnership, et al, dated June 5, 2025 and recorded under County Clerk's
File #RP-2025-217941 of the Official Public Records of Real property of Harris County, Texas; in all, a total
PAGE 2—0.0117 OF AN ACRE, WATER METER EASEMENT.
distance of 288.16 feet to a point for the Northwest corner and POINT OF BEGINNING of this tract. Said
BEGINNING POINT has a State Plane Coordinate Value of Y=13,860,538.81 and X=3,239,309.71.
THENCE: North 77'53'30" East along the North line of this tract for a distance of 51.00 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 10.00 feet to a point for
the Southeast corner of this tract.
THENCE: South 77'53'30" West along the South line of this tract for a distance of 51.00 feet to a point in
the West line of said 0.3251 of an acre and the East line of said 2.50 acres for the Southwest corner of
this tract.
THENCE: North 12'04'30" West along the West line of this tract, the West line of said 0.3251 of an acre
and the East line of said 2.50 acres for a distance of 10.00 feet to the PLACE OF BEGINNING and
containing within these boundaries 0.0117 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 March 24, 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 241' day of March, A. D., 2026.
Juliene Harrod
OF
C cam,
R. P. L. S. No. 4379
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25-7026.w.l.e.fdn
Hutchison & Associates, Inc.
JULIENE HARROD
1209 Decker Drive, Ste. 100
4379 T,
Baytown, TX 77520
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BEING 0.0117 OF AN ACRE OF LAND SITUATED IN THE
GEORGE C. DAVIS SURVEY, ABSTRACT 1472 AND THE W.
t
C. R. R. CO. SURVEY NO. 1, ABSTRACT 899, HARRIS
7g x
COUNTY, TEXAS. SAID 0.0117 OF AN ACRE BEING OUT OF
1 NI• x
AND A PART OF THE RESIDUE OF THAT CERTAIN 9.9554
ti
1
ACRES DESCRIBED IN COUNTY CLERK'S FILE *S993564
LOT f, BLOCK f
1
OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
RAPSON PAD MINOR REPLAT =
>
OF HARRIS COUNTY, TEXAS.
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Parcel Line Table xT 1 }
Line# Length Direction
L7 51.00 N77' 53' 30'E 1 1
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L2 10.00 S12' 04' 30"E
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L3 51.00 ST7'53'30'W _
L4 10.00 N12' 04' 30'W
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0.0117 OF "ACHE
PROPOSED
WATER AMER 1, JULIENE HARROD• REGISTERED PROFESSIONAL LAND SURVEYOR
CA�_.Yw�_r—
per•• I- / • •� �'[�
/
NO,4379, DO HEREBY CERTIFY THAT THIS MAP OEUNEAIESA
1 PROPOSED WATER UNE EASEMENT. MADE BY ME ON MARCH 28.
202e ANO THAT ALL LINES, BOUNDARIES AND LANOMARKS ARE
BASED PREVIOUS UNDER
_
ON SURVEYS PERFORMED MY SUPER-
VISION.
tMTNESS E,11' HAND AND SEAL AT BAYTOWN, TEXAS.
THIS THE 24TH DAY OF MARCH. A. D.. 2026.
/
/ wa.ac.aaa
OF r
d`tiJ(_1M, I—E/y` •�;�� �ER o1
JUVENE HARROD
R. P. L. S. NO. C379 JULIENEHARROD
.. 4379 �=
O
SUR��
W. C. R. R.
CO. SURVEY NO. 1
FeEA;P�EE F
A — 899
DRAWN BY-.
.toe: 25-7026
HUTCHISON & ASSOCIATES
AJH
7026.W_M.E.
CHECKED:
AR
SCALE.
1•=60'
ENGINEERS • SURVEYORS — 281-422-8213
ENG. FIRM # F-267 — SURVEYING FIRM if 100293-00
DATE
03-24-26
SHEET OF
1 1
888 1209 DECKER DR. BAYrOWN, TEXAS 77520