No preview available
Ordinance No. 13,528ORDINANCE NO. 13,528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE EASEMENT FOR THE RAW WATER SERVICE CONNECTION FROM COASTAL WATER AUTHORITY TO BAYTOWN AREA WATER AUTHORITY FOR THE 6 MGD SURFACE WATER TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council approve the contract before Baytown Area Water Authority (`BAWA") enters into the same; and WHEREAS, the City of Baytown desires to approve such easement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are hereby adopted. Section 2: That the City Council of the City of Baytown, Texas, hereby approves the easement for the Raw Water Service Connection from Coastal Water Authority to Baytown Area Water Authority for the 6 MGD Surface Water Treatment Plant, which easement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3: 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 vo o the City Council of the City of Baytown this the 27th day of July, 2017. ATTEST: LETICIA BRYSCH, Ci Jerk APPROVED AS TO FORM: L'Ge��'u°" NC—IO RAMIREZ, SR., C& Attorney C- .Users\Karen.Homer\DesktopUuly 27\ApprovingBAWAC WAEasement doc CHRIS PRESLEY, Mayor Pro Tem Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EFFECTIVE DATE: EASEMENT CONVEYANCE [2016-28] , 2017 GRANTOR: COASTAL WATER AUTHORITY, a political subdivision/governmental agency of the State of Texas, formerly known as Coastal Industrial Water Authority GRANTOR'S MAILING Coastal Water Authority ADDRESS: Attn: Executive Director 1801 Main Street, Suite 800 Houston, Texas 77002 GRANTEE: BAYTOWN AREA WATER AUTHORITY, a political subdivision/governmental agency of the State of Texas GRANTEE'S MAILING 2401 Market Street ADDRESS: Baytown, Texas 77520 CONSIDERATION: The sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged. PROPERTY/EASEMENT ("Easement"): An exclusive and perpetual easement for the construction, operation and maintenance of a water intake facility crossing, extending in, over, through, under and across Grantor's property located in the Thomas Shepherd Survey, Abstract No. 229, Chambers County, Texas, as evidenced by instruments recorded in Volume 308, Page 311 and Volume 309, Page 163 of the Deed Records of Chambers County, Texas; in accordance with Job No. 09986-0001-00, pages 1-13 ("Construction Plans"), attached hereto as Exhibit A and incorporated herein for all purposes and CWA has consented to granting the Easement subject to the terms and conditions described in this conveyance. Grantor for the Consideration grants, sells and conveys to Grantee and Grantee's successors and assigns, subject to the Permitted Exceptions (defined below) and the Conditions (defined below), the Easement, together with all and singular the rights and appurtenances thereto in any way belonging to the Property, to have and to hold the Easement to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and defend all and singular the Easement to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Permitted Exceptions and Conditions described below. Subject to the Conditions, all matters concerning or relating to the design, installation, removal, replacement, operation, maintenance, configuration and construction of any of the Grantee's facilities permitted under the terms of this Easement shall be at the sole discretion of the Grantee. The grant of the Easement is made expressly subject to the following (collectively, the "Conditions"): (A) The Easement shall be used solely for the purposes described above and for no other purposes whatsoever. (B) The Easement shall be subject to all visible and underground easements and rights-of-way, whether of record or not, which may be located within the Easement and the rights of any easement holders thereto. Grantee acknowledges that the Easement is currently utilized by Grantor for Grantor's canal and related facilities that are located within the Easement (the "Existing Facilities") and that Grantor may be entitled to install additional facilities and improvements over, under and across the Easement including, without limitation, roadways, driveways, pipelines, water canals/pipelines, sanitary sewer lines, utilities, or landscaping (the "Future Facilities"). Grantee hereby waives, disclaims and releases any and all claims against Grantor regarding any such representation or warranty, whether such claims are now known or unknown and regardless of how or when the same may arise. (C) Grantor reserves for itself and its successors and assigns the right to use the surface and subsurface of the Easement for any and all purposes that do not interfere with and are not inconsistent with Grantee's rights in or use of the Easement. Subject to the foregoing, Grantor's right to use the Easement shall include, without limitation, Grantor's right to: (i) maintain its Existing Facilities located within the Easement and to install, place and maintain Future Facilities below the surface of the Easement; and (ii) cross over the Easement by foot or with wheel and track vehicles for the maintenance of Grantor's adjacent property to the extent necessary to efficiently prosecute the work described in item (i). (D) Grantee shall exercise its rights to use the Easement for the permitted uses and construct its initial pipeline in accordance with Grantor's Easements and Right-of-way Encroachment General Requirements (`Agreement") posted on Grantors website at http://www.coastalwaterauthority.org incorporated by reference herein and made a part hereof. Grantee shall have Grantor named as additional insured in any insurance coverage required by Grantee under any contract or contracts with third party contractors associated with the installation of the Easement. After completion of construction of its initial pipeline, Grantee shall exercise its rights to use the Easement for the permitted uses and construct its pipeline and facilities in accordance with the Agreement and any subsequent amendments/revisions to or replacements of the Agreement. Grantee acknowledges and agrees to be obligated to Grantor under the terms, conditions and provisions contained in Section 4.2 of the Agreement. (E) Grantee shall at all times: (i) maintain the Easement and associated facilities in good order and repair; (ii) obtain Grantor's prior written consent before crossing or entering on any portion of Grantor's adjacent property, if any, which consent shall not be unreasonably withheld, conditioned or delayed; (iii) use reasonable and customary efforts to provide for the safety of all persons using or working within the Easement; (iv) avoid damage to Grantor's adjacent property, if any, and to Existing Facilities and Future Facilities located within and outside of the Easement; (v) comply with all laws applicable to the Easement and Grantee's facilities; and (vi) not permit any mechanic's or materialmen's liens or similar liens for work performed by or for Grantee or materials furnished to Grantee to exist on or against the Easement or any portion of Grantor's fee estate of the Easement or any portion of Grantor's adjacent property. (F) Grantor and Grantee expressly agree that the Easement is being conveyed by Grantor and acquired by Grantee "AS IS" WITH ALL FAULTS OF ANY KIND, INCLUDING ENVIRONMENTAL FAULTS (WHETHER ABOVE, WITHIN, ON OR UNDER THE EASEMENT), AND GRANTOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE FITNESS, ENVIRONMENTAL COMPLIANCE, MERCHANTABILITY OR HABITABILITY OF THE EASEMENT, EXCEPT THE WARRANTY OF TITLE SET FORTH HEREIN AND REPRESENTATION, WHICH GRANTOR HEREBY MAKES, TO THE BEST OF GRANTOR'S KNOWLEDGE THAT GRANTOR HAS DISCLOSED TO GRANTEE ALL MATTERS REGARDING THE CONDITION OF THE EASEMENT THAT OWNERS OF LAND IN TEXAS ARE REQUIRED TO DISCLOSE. GRANTOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO THE STATE OF THE EASEMENT TO BE CONVEYED HEREWITH, ITS CONDITION, QUALITY, QUANTITY, CHARACTER, SIZE, DESCRIPTION OR SUITABILITY OR FITNESS FOR ANY USE OR PURPOSE, WHETHER EXISTING OR CONTEMPLATED, EXCEPT AS SPECIFICALLY SET FORTH IN THIS EASEMENT". (G) Nothing contained herein shall be construed to be a dedication or grant of the Easement to or for use for public utilities or as a conveyance of the fee estate of any of the Easement. (H) In the event that Grantee breaches any of Grantee's obligations described herein and does not cure the breach within a reasonable period of time after Grantee's receipt of written notice thereof from Grantor or if, after completion of initial construction of its pipeline in the Easement, Grantee ceases utilizing and/or abandons the Easement and Grantee's pipeline and facilities for a period of forty-eight (48) consecutive months or more, all rights herein granted to Grantee shall terminate and revert to Grantor or Grantor's successors and assigns thirty (30) days after Grantee's receipt of written notice of termination from Grantor (the 'Termination Notice"). On request of Grantor, Grantee shall execute and deliver a release or termination of the Easement to Grantor for recording in the Official Public Records of Harris County, Texas within thirty (30) days of Grantee's receipt of the Termination Notice. If Grantee fails to deliver a release or termination of the Easement before the expiration of thirty (30) days after Grantee's receipt of the Termination Notice if requested by Grantor, Grantor then shall be entitled to execute and record a termination of the Easement to evidence the termination of Grantee's rights and interests in the Easement, which upon recordation shall be effective as a termination of the Easement without the need of execution of any further documents by Grantor, Grantee or their successors or assigns. Grantee is, and will be, the owner of its facilities, and upon any such termination, Grantee shall have the option to remove its pipeline and facilities prior to the expiration of the Termination Notice or abandon the ownership of its facilities to Grantor or Grantor's successors and assigns. To the extent the Conditions benefit Grantor, they shall be covenants running with the Easement for the benefit of Grantor and Grantor's successors and assigns, and shall be binding upon Grantee and Grantee's successors and assigns, and to the extent the Conditions benefit Grantee, they shall be covenants running with the Easement for the benefit of Grantee and Grantee's successors and assigns, and shall be binding upon Grantor and Grantor's successors and assigns Grantee. [Signatures on following page.] Made and entered into as of , 2017 (the "Effective Date") COASTAL WATER AUTHORITY a political subdivision/governmental agency of the State of Texas 0 STATE OF TEXAS § COUNTY OF HARRIS § Donald R. Ripley, Executive Director This instrument was acknowledged before me on , 2017, by Donald R. Ripley, Executive Director of Coastal Water Authority, on behalf of said political subdivision/governmental agency of the State of Texas. Notary Public Approved and Agreed: BAYTOWN AREA WATER AUTHORITY, a political subdivision/governmental agency of the State of Texas By: _ Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2017, BAYTOWN AREA WATER AUTHORITY, a political subdivision/governmental agency of of the State of Texas, by , its , on behalf of said political subdivision/governmental agency of the State of Texas. Notary Public EXHIBIT A Construction Plans (consisting of 13 pages) law[t[ ■e 11 1 1000 DEl[ © D G7mm w. EERIE;gm ' mo oa�� �ao o.mm dam© ucva� avv O ©Q•n d I 2 6—G .. w N.7xwn � iu� nwvi MA33 BAUNCC CIAWIAV ^'_ � JyJON[R OART[R W 1 R w�w�••.M�..0 �w r.�...�w, w�•uwv SRN 1 �.I/WWNM.�•w MwM� • www .�...'.'.r.y w..r.....w �....., R nr...w.N•.. .wMrw.Nw�.r.��/. ,w. R ..N mow.,. Y...•,w nM.•M MM.•I i����•�iy�4.. ~yw M/•'•,V 1.1�•NMNW w.+. �Y..w•.I F..,.M/H. • � e.w M 1r. M M wr/.I.w w. M�iw Y a.i�•W�.� ./4..w/mow./%'•'.r.ti•Mww wY�..��/.� • wr�•w+���%� y:w iwi •n". I.M1 •v�.w�Yi��f ti�il • Zof 6 — ys' atxteu 00NSraUennN Notts J O��■ OA/1TCH i 0-0'1 t,j11111•'NnMf s� NrJ CIO IF•'hJ� �' a'FrnJ cavy /a UA �eDl!� J4rr11.51ar _ _ H A. Illnl�`rr<S fn � l **\aa �• raa • .� lwoV70� 6Qc it Cf 4.(FoSS�If• n i_ n 7ls..r �I 1p,IP/ E�� „ir3�d }°Suaur 4 % \ J Air, j�c.asr • IJr L I` �� us tt.so slrrs ` Fy;la9r .l cl— I I • � a nfatM.r~il ��.• r IC VICNITT IC�.AT10!1 f//f/li IF sl Vfrrr !UN JT rAll! IM /1lNN riC JOr1[O CANTCN 1=. T --- SN n r ►,�,w its .44 oar v itr-�� �-�!��!R:��°• �F�� , �1 ;:Ell ' 1l.rV IILf �C Nr ewlil � I,1ti 1..M,r/ -I/J/ till w MI a•1 fIIrIAp n N :al iulrs arcn sn m ///jj7 lJ.n .aanrr! KIN al1111` emJ+ nmuna n .6n L.MnM• I�.i. ". rlV��flllff nN ,YYw. c ain m:•.p. .�.au.r i i �Kt' +teowm .Arr •� I �::3 t rniu .a.. •.. 1 ar �..nr r/•n..nw.. Nva frm a: • rr W. OJ ." , 11 U.) ro hK1 a Rrnwaril - 11W ims2 . °•'A _/lrCNInI wL../ rrrrar u IMr iJw .f >) J If-YI 1)]NS ]MII kMrM 1 - III I 1111111 I •a`�,..IIIIII I�.n o ua In w :1 .rf//��/' Z'vL I.Y si��^VixP+fVLd i, ..+nrlmw.cu 3K--I Fy + e�h �r� cirri lilt 111 I �i�ii� = 0 l .---------, i VALVE AND ACCESSORIES SCHEDULE _ 114 0[SC/'.fpM ---------- A -i Y. '_rte«rfw• n1•„l.wY.M �. l,w M.ww 1 Ir•M w.l ^I CiF...... a.. w.a.N.. «..• yrL. — '— Me+,in"¢'I _ .« .Y/ nlli whit r t•. r....m .. t: �.• ! T,NV � Ir •...... �.....-�.�-. -... yw •I. wa �N 1 � _ LfJ• rl+lai+. ti M�Ary � �w-wnnitll zrll' �' ITS � JONc■ CIARIT[RI R.IIW/1{M/ PIPIND ..:YARD SNEET 1S CI IR (rux) C!�'Y OF •HOUSTON fIN SYl27 r -C -Jt 1-C-02 unr �A �rII::�:��.�+Yi.. MWS.. ovur.url.rl....v:�o. vr...o:::: ■ 9. Mai SWEN - yrs. �• dL.e...: EMIR iii®:aWiWMI r ..ten EME•�E�e—EES= IF -i ;66= Mm 1 3 E I- 13 13 A9C= AW WAM I ""M -i =Xiiiiii'" a 9gYi(1,Zm IMW WAM DM= STMICIRM ga 1 -*-z f. ff Mr�,�Yr1U1 9 Ar fl m� I R�®IFO.q M ��1.•o1a+f/m A ■ Kf1Y111N PafM �-iY •i1 M►C �M/i I �,�II-IYhMsar �®pr�a.��m • ��s r��r�a�P4 - p•.I.I �11.(.R a KMOa.N ►-►M M MMIOa t11 P.Mf0 rWir1 Alraf-a9Al r.G f 1fR1aIK Mi�-0 • OIagIIOi f IaltrOm �t s I.IgMrA.fi � IfOrOl Al rlOr.1 a1. M XT yT1 I WwIM-IWOIO MIrrl f ffrflCi�i a 1/O•�OM�IO�Ir1 ■ IYfVAIY-A0. lip,IMM I ISIOM Iaa\1(M�ym a fefv�1A 01 I.m IYRB '� ■ I 'iij:.i:'ia"—'-0P0I o wArnowrvww•n rrrll of Mll•q a .�I�i. sowr r.aA r'T.v r� - C.:+-il'oar.wa+w•.l RIRIr4ro • r��lrl+wwfrwl .f 1 • a I%.� rrT.�M � 1 a�I��6fw�.Is�1y1M�`�wm j.�w��w�r��Irm�yllwpao - KIM.I�M.Q m f a$�'rrl P•W�IfYM �� � �`����w�r 'Sf % f PIMOq.11tPF10 f 6f 11a0 AY.lY/OA M raw-II+f1 fI RIKIr 611110 � y+ �•M•�i�. r.��N� - �7.»S.Ir...o-...a . Rflol.r.a..� a.� � � • !fM ='1r �1r w•I:iroY rw r••11w •!C7'yyl7iy' Jim •• S` M � J MCM y1 + 1�1 1 r '� ai 1 r11 n•I 1 I ' I 1•A i• ' � E rnaal rat rm ffwn • :i i'J" , = r..... � � MIR IDM YR nw SFAMN mm i R .ION[[ OANT[[ ... If •�' • � �._ »� � is w — a �.. IDM Illi /IDIV fT1T-M /UM Nd h�I I••�Ar \ r�ML11•I waM MMYw• Y•Y �M� IA01I A I ••�� IRS• � , r 0• Urf • iP.l I M� ar \ w l�G�/MR1 low- �•Yy ri IIY•YO YI��M�\ � ,�w ,I� � y ;q.. •�I,r•..�i •.v 'ti :i i••tr•� urr VN�1 amcmm JOMis RARTii =waw rw� 9w� PtRMli N0. 70t6-7! �I!".sew G 0 r' J1 �� � o r• l�ii!! 4�i �s•. rll� wry ■1 :r�f ■ � zd`i���ir " "•'� 1 ..moo 0 �e 0 0 e O �e O