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Ordinance No. 12,858ORDINANCE NO. 12,858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING COMPENSATION AND THE ACCEPTANCE OF A UTILITY EASEMENT FROM WILLIAM O. WALLACE, JR., FOR THE AMERIPORT FM 565 UTILITY PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; 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 authorizes the acceptance of a utility easement from William O. Wallace, Jr., for the Ameriport FM565 Utility Project for the compensation stated therein. Said easement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative Baytown this the 14`h day of May, 2015. ST HEI ATT T: 3Nc„ %d co L T CIA BRYSCH City k 4L APPROVED AS TO FORM: ACID RAMIREZ, SR., City t rney d after its passage by the City of the City Council of the City of coMs0l',. Iega1\ KarenTiles %CityCounciLOrdinances\20IRMay 14'.' Compensation4WallaceEasement .doc Mayor 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 WILLIAM O. WALLACE, JR., owner of the below- described real property, for and in consideration of (i) GRANTEE'S providing GRANTOR a one -inch residential water tap to the GRANTOR'S property adjacent to the Property, (ii) the provision of water service at such property provided all of the requirements of the Code of Ordinances, Baytown, Texas, have been satisfied, including, but not limited to, the payment of all appropriate fees therefor to GRANTEE, and (iii) 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 above, across, over and under the real property located in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property "). 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 utility and drainage lines, structures and other improvements, unto GRANTEE, its successors and assigns forever. 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. Utility Easement, Page 1 EXECUTED this the day of , 2015. GRANTOR: By: WILLIAM O. WALLACE, JR. STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared WILLIAM O. WALLACE, JR., the owner of the above - referenced property, 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) (Check one) 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 day of 12015. Notary Public in and for the State of Texas My commission expires: GRANTOR'S ADDRESS: WILLIAM O. WALLACE, JR. P.O. Box 808 Mont Belvieu, TX 77580 RETURN TO GRANTEE: CITY OF BAYTOWN Attn: City Clerk P.O. Box 424 Baytown, Texas 77522 R:' %Karen %Files \L gaMeeds & Easements \WallaceUtilityEasement.doc Utility Easement, Page 2 NORTH SCALE: 1" = 100' P.O.B. FND 1/2' IR. FOR REFERENCE AT N 16'28'34" W. 0.95' Exhibit "A" EXHIBIT OF 0.2003 AC. / 8,726 SQ. FT. SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205 CHAMBERS COUNTY, TEXAS FND 1/2' IR FOR REFERENCE AT' N 12.07'34' W, 1.71' F 565 RO.W.) 3.37• COA�p N 7'1'p9�20w E 27 FND 2' TXDOT DI 273'�ro G� IL S 7'ro9� Zp" W 1 1 Ira, Jc% N i � Im C r 00, 1 A J G2 L a2003 AC 8,726 SO. FT. FIELDED BY. DATE: 04108/15 DRAWN BY- RK REV: CHECKED BY MJK REV: JOB NO 49443- PARCEL 6 REV: SHEET 1 OF 2 REV: W1WAM 0' PG1- i3E, C•p.R vol. (00) 448, 5/8" IR GENERAL NOTES GNp or- co Z -r1 n �o �o n;o bz 1 SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE MAY DISCLOSE. 2 BEARINGS WERE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE.(NAD83) 3, THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. LINE TABLE LINE BEARING DISTANCE L1 S 12'07'34" E 19.81' L2 N 12'24'44' W 21.14' CURVE TABLE CURVE RADIUS DELTA ARC BEARING CHORD C1 512.97' 18'11'14" 162.83' N 68'10'09" E 162.15' C2 492.97' 1 18'58'02" 163.19' S 67'46'45" W 162.45' AV Windrose Land Services, Inc. 3200 Wilcrest Suite 325 Houston, Texas 77042 Phone(713)456 -2281 Fax(713)461 -1151 r Professional Development Consultants Land Surveying, Platting, Project Management, G/S Services Firm Registration No 10108600 AV Windrose Land Services, Inc �, v ,� 0 3200 Wilcrest, Suite 325 / E " Houston, Texas 77042 Phone (713) 458 -2281 Fax (713) 461 -1151 Professional Development Consultants s Land Surveying, Platting, Project Management and GIS Services Firm Registration No. 10108800 DESCRIPTION OF 0.2003 ACRES OR 89726 SQUARE FEET A TRACT OR PARCEL CONTAINING 0.2003 ACRES OR 8,726 SQUARE FEET OF LAND, SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, BEING A PORTION OF T14AT CERTAIN TRACT OF LAND CONVEYED TO WILLIAM 0. WALLACE, JR., RECORDED IN VOLUME (00) 448, PAGE 131 OF THE CHAMBERS COUNTY DEED RECORDS (C.C.D.R.), WITH SAID 0.2003 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NAD83: BEGINNING AT A POINT ON THE CURVED SOUTHERLY RIGHT -OF -WAY LINE OF FARM TO MARKET (F.M.) 565 (CALLED 80' WIDE RIGHT -OF -WAY), MARKING THE MOST NORTHERLY CORNER OF A TRACT CONVEYED TO CITY INTL, LTD.. RECORDED IN VOL. (99) 403, PG. 1, C.C.D.R., SAME BEING THE COMMON NORTHWEST CORNER OF SAID WALLACE TRACT AND OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A ".r INCH IRON ROD FOUND FOR REFERENCE BEARS NORTH 16 DEG. 28 MIN. 34 SEC WEST, 0.95 FEET; THENCE, WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID F.M. 565, IN A NORTHEASTERLY DIRECTION, A DISTANCE OF 162.83 FEET ALONG THE ARC OF A CURVE- TO THE RIGHT, HAVING A RADIUS OF 512,97 FEET, SUBTENDING A CENTRAL ANGLE OF 18 DEG. I MIN. 14 SEC., AND HAVING A CHORD BEARING AND DISTANCE OF NORTH 68 DEG. 10 MIN, 09 SEC. EAST, 162.15 FEET TO A 2 INCH TXDOT DISK FOUND MARKING A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT -OF -WAY, NORTH 77 DEG. 09 MIN. 20 SEC. EAST, A DISTANCE OF 273.38 FEET TO THE NORTHWEST CORNER OF A TRACT CONVEYED TO SOUTHERN PACIFIC COMPANY, RECORD IN VOL. 278, PG. 464, C.C.D.R., MARKING THE COMMON NORTHEAST CORNER OF SAID WALLACE TRACT AND OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 'h INCH IRON ROD FOUND FOR REFERENCE BEARS NORTH 12 DEG. 07 MIN. 34 SEC. WEST, 1.71 FEET; THENCE, ALONG AND WITH THE COMMON LINE BETWEEN SAID WALLACE TRACT AND SAID SOUTHERN PACIFIC COMPANY TRACT, SOUTH 12 DEG. 07 MIN, 34 SEC EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, THROUGH AND ACROSS SAID WALLACE TRACT, SOUTH 77 DEG. 09 MIN. 20 SEC. WEST, A DISTANCE OF 273.16 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE, IN A SOUTHWESTERLY DIRECTION, A DISTANCE OF 163.19 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 492 97 FEET, SUBTENDING A CENTRAL ANGLE OF 18 DEG. 58 MIN. 02 SEC., AND HAVING A CHORD BEARING AND DISTANCE OF SOUTH 67 DEG. 46 MIN. 45 SEC. WEST, 162 45 FEET TO A POINT ON THE COMMON LINE BETWEEN SAID CITY INTL, LTD. TRACT AND SAID WALLACE TRACT, MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 5 8 INCH IRON ROD FOUND MARKING THE MOST SOUTHERLY CORNER OF SAID CITY INTL, LTD. TRACT BEARS FOR REFERENCE SOUTH 12 DEG 24 MIN. 44 SEC. EAST, 368 78 FEET; THENCE, ALONG AND WITH SIAD COMMON LINE, NORTH 12 DEG. 24 MIN. 44 SEC. WEST, A DISTANCE OF 21.14 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.2003 ACRES OR 8,726 SQUARE- FEET OF LAND, AS SHOWN ON JOB NUMBER 49443- PARCEL 6 PREPARED BY WINDROSE LAND SERVICES, INC KURKOW 1, RPLS #15101 JOB 449443- PARCEL 6 04/08/14 DATE SHEET 2 OF 2 Y Projects 49443- Amenport Project to SI1 146 Along FM 565\SURVEYING Metes & Bounds 49443 -P6 -0 2003 Acres doe