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Home My WebLink AboutOrdinance No. 16,535 (Item 9.n.)ORDINANCE NO. 16,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A WATER METERING DEVICE AND ACCESS 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 l: That the City Council of the City of Baytown, Texas, hereby accepts a Water Metering Device and Access 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 A 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 j1 day of May, 2026, by and between THE WILLLAM J. RAPSON, JR., LIMITED PARTNERSHIP, a Texas limited partnership (hereinafter referred to as "Grantor"), parry of the first part, and CITY OF BAYTOWN, a political subdivision of the State of Texas (hereinafter referred to as "Grantee"), party 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 t 1 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. Signature Printed Name Title THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the V9 day of May, 2026, by Leo k2orncucwl I Etex eral ¢a{n" 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. ► JAYIEENE SERRANO s Notary !D #135096679 My Commission Expirestem September 18, 2026 GRANTOR'S ADDRESS: ytousAo" . TGXas -770a4, r-690Ili).7► IrCI eZlI-T41101" CITY OF BAYTOWN Attn: City Clerk 2401 Market Street Baytown, Texas 77520 Vtait'oPublic, State of Texas My commission expires: q -) $ -mas �^Hrgfr A 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 comer 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 ofY=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 57'05'3W 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 Willam 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 24' day of March, A. D., 2026. 1-1g11" Juliene Harrod R. P. L. S. No. 4379 25-7026.w.l.e.fd n Hutchison & Associates, Inc_ 1209 Decker Drive, Ste. 100 Baytown, TX 77520 Engineering Firm #F-267 Surveying Firm #100293-00 OF T + ST F4 a ON, JULIENE HARROD .,� 4379 g� SQFF S S WAY 10 AV .v a so w HIGH INTEPIS TAT05"" K, POC-PDINT Y�1BSt.t1B29 �"�'tt RBIRQaI SCALE: > W6V = 60' SAL RvtNv: %Kf,23B,159.98 R20M NMIQI A FWND STIR ttoT'nPIAG4)BRS NTT'MRSE 2t? _ ronrttDwn m�eBuw.tr'�sr'sm'ermvrx��arm' Km.e / NWm ALLpSfA%CF.9 AND CgOMBINIF3NIEOBD. ]GIE FACTOR• w�AeralmzorMxrora �resAlm Bouw oexBanoNaF Am0>BANrwO ttds wr. $t�'tT y `moo, f r � Ltj a+�Rm�oroAamiwywNce w.r_uwvmwmrru�aw ncoisavam��wAt.t�ie �i'.wc i`�'s�aw�neaI'o`sna.�ren �.wE pr`_ rytt� f 1 WEME'1fM�`�1MD NxE'rF l9MBECl �.��.�� ,� f � � � �T�EBR�eY>Yxe�E.NreB,aRaItB,„Eat�FA�RaNt,� ra O® f TE.x�M1 SUR�vC1tB01 1 '��TBC, rn�/iTTMW6[SB �f�K hi4A�N. f o -MAP- O BEING 0.0117 OF AN ACRE OF LAND SITUATED IN THE $ 9•m x 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 o x AND A PART OF THE RESIDUE OF THAT CERTAIN 9.9554 Y a < TA — ACRES DESCRIBED IN COUNTY CLERK'S FILE SS993564 LOT 1, BLOCK 1' t10-1 o ' OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY RAPSON PAD MINOR REPLAT m OF HARRIS COUNTY, TEXAS. bca/vA p 1 Y e, wlwq mltrtY.tEYu � 0 1 1n 1 1 1 1 ' FWNB wGAVO/.:M Bx: f f f / / / f a•u aat we pbt• — tpK fAx'- K�xE'R`ICE 1 , o GEORGE C. DAVIS SURVEY A — 147-9 Parcel Line Table 1 1 Unes Length Direction L7 51.00 N7T 53' 9DE 1 1 BBsmueoFs,sa,Awa GEOPG'e O4�14TRu9tEE - pro. L3 51.00 S77'SS 30NJ L4 10.00 N12'OB'30'W uwwvu m Jtdcou .TFrs 8 ��/ 1 exsE�xr 2.50 ACRES mE auaalx nMsa��iL,mtreorxR;rtEPslm cw�zRE.0 emAre uc acreaz� 0,0117 OF " ACRE' PROP0s8D WATER p J(8fZR J7AQ WNT - xam.mro P� 4 eautEorve`� xa•`esn-v,m � 1` n¢wuawi��s cNtmertsR� ! zg V✓ 43> 1 1 �--_--�_ wrs PROFESSIONAL LAND SORVEYOR NO. L 79E HARROD, Y CERTIFY DO HEREBY E EASE THAT THIS MAP DELINEATESRCA PROPOSED PROPOSED WATER LINE EASEMENT. MADE BY ME ON MARCH N. 202E AND THAT ALLONES. BOUNDARIES MID UNDE WtKS ARE BASED ON PRENOUS SURVEYS PERFORMED IMDER Nl' SUPER- {1 1 1 VNdiNE55 Mt' HAND AND SEAL AT SAWOWN, TEXAS. THIS THE — DAY OF MARCH. A. D.. 2M. n OF M116f%C Eq�+' �P� tS R. P. L S. NCO. <OTTO JUUENE HARROD 4378 < 9y0°"Bs tO �JO 3UR mAre�x.� W. C. R. R. CO. SURVEY NO. 1 ~Et�Ma ,. BP R �R=ror A — 899 arm. ��F�Nt�RE�M M:At P4prSfm'O'i A�BB�xIN,r T� HUTCHISON & ASSOCIATES �E�REp AJH scAE- ENGINEERS B SURVEYORS - 281-42.2-8213 1•= ENG. FIRM # F-267 - SURVEYING FIRM $ 100293-00 DATE sIF.Er DF SSS 1209 DECKER DR. BAYTOWN, TEXAS77520 03-24-26