BAWA Resolution No. 2017-16RESOLUTION NO. 2017-16
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING AN EASEMENT FOR A RAW WATER
SERVICE CONNECTION FROM COASTAL WATER AUTHORITY FOR THE 6
MGD SURFACE WATER TREATMENT PLANT PROJECT: AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF
*************************************************************************************
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That subject to the approval of the City Council, the Board of Directors of the
Baytown Area Water Authority hereby accepts an easement for the Raw Water Service Connection from
Coastal Water Authority for the 6 MGD Surface Water Treatment Plant Project. A copy of the easement
is attached as Exhibit "A' and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the
Baytown Area Water Authority this the 2nd day of August, 2017.
AT T:
L TICIA BRYSCH, Assis Secretary
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,t�eiul Counsel
B NDA BRADLEY SMITH, President
llcobfsO 111ega1U{areni Files\BAWA'•.Resolution\2017Wugust•.CWAEasement. doc
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 Grantorfor 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 j
Made and entered into as of , 2017 (the "Effective
Date").
COASTAL WATER AUTHORITY
a political subdivision/governmental agency of
the State of Texas
By:
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)
WON
ammum
A =Nam CA® Nam o
° 1� ° moi®
PASS BALANCE GIAGRAY
Jk J --o OART�R
WNW `.�tt��N4wr.lYM rNwwrlMr wwww•
l w�•.Mt.N YIrIt. lM wY1w
w N,M►WF•
,.Yr^ Mrr11W t.N N M ItYN w wM w. r ww M. nw 1 W
� �Mr�IWbMwY.�'..wti.�..I NN M \.CFt1+t.rl,
Ml�rw. art wYw^wrt rrMw•
��wrl ti� MrMMwl.w�r� r
ntMIM Mt Wl rw��y��t�
IL Mr �,�+, �� rt�N�i.tNrw+,. trN�rYM•
r��Www�.t....1. F rw r nn �Vrw r.r.I..irt
;of 6. LP
CO I/A luJ V7
vl.fl IG.YV
.YCe
NnrJ So' ren /// ... `
/• 1al .fsfP l �JgOVQ>I' / xCL �� C(C.],��t RC!• Vii:
�l to c,/ mxr m.Tq 1 (1 "A
/ Hllf. acrn '
... ....
�WfµhS•9 �== \In��ln[•� -1
cra.
1
x.771
I1�1
L--
1 us f!•l<17 rrtt!
1 11
n�.M
�! 11
'cnnrT eccanon
14N
I of, IAf114111
70' C!) I Im
IL'n1
.iC JON[! CA -TCH
�N!•.F/
--
OLM-1IpmilV�.
;
If
EMIME
�1
awl
w,,) JI y.n+rJ..•. us+o firer sf . tr
mad ur�d -,# n. " a))✓o /nrr 1r � .nrvn aJtU (.-,#7I 7K nrll•f!!/ tA�
.+/!✓a✓nr YL rlr :NfKV C71nS7Y+.t I)
�r� t.Yw,
•
(RI 9+10.1 TV 1.4 ..O
e.1.9
I,
iW'wr littltt-1w
qtr• -mr t«.
llM1Y l.�+, 01tJ _
- v;;—
Rtt >r rrl OV
w r
71 tlYO 67NOr"��r
Fills w ..
tOtl1110� �tL1071Y011
�
iR.iT�Mt mAi,.
r
/.•�tr�
vl✓ ��JIJ'M1 RF ry�i �
'
wgYr� vL.i X11• y9Yrt
�I•v
trQ7
—1— N
D", l
•i
sR-,�-r,.r--ct—r �i F'•i�
Haiti
-
iri:e ri ue rV a
�rlll�tlllll111
,':—a—
`.r.r ».wr.t •n
Gix�rtrrL a
/mTA rt+r
CA
:IAt A
06
i
1MREAMR
I. - I
1 RE I.
i
Ij
-moi0M�
Km
-
0
�.f
l �Li
-_
I
VALVC AND ACCESSORIES SCHEDULE
arm [or. [. a r..
unr
[,c [■[■uuu[■ I
.
znIIs
NDN
'
EMM
HE`.:aa:;?
.ININFI
N
o...�.•�
SOL,
...._.�:
7
Is
k
■�innt��in n�iriva.u[.c.ri[i
now
/
?
.&IM
HRM
;:Rmp
mom
r 3
1 2--mar
AS=
AW WARM
RAW WAM OR=
STMEM Ol'Ipll
92=
ga 1-*-2
O
M1►�l��Ir
Aq q mq
. Yw.®PP•.. ! ��ps.h+.AfY
! NlIw1.M1 Fr~M
�r�-j,.�.y
t p. p•►MAp� I�®�.�w
•
■ MMip.N MAYO
.�I�O�
11�A�p pOmw■ - 1.pPpyFlp#N
• rogMpY,a. ■ pfrOA Yp��
! Www M..�.O
! rs+aw warl
w w
• �i..N`i.egslaM•.I'!a ■ wr�o■..■
a rs.�wwo..r
■ 1..■pOAIi AAAI
. .�i-r�-r-.i�qq • 1..■pgt.td
I.A piRO
pl' ■
•—•-- �..'r
. rwsN p.w.po
NMM
`
ii.Y+o
: r.rw■.lggR.O
■ �,,•�•�row NMl►/1 r. r.rn-I..s
• rr�.... !!w.
•
- i�ii%�-•q-.R.`ll p. p
Z"�r��."�..:��
Sy �
II..,■..,+�■..�wq{�r�N�s�ryw�wO
�T•, ~ �
o r■op.w piF� ! ��-o mrr raw
}-
I
a rA.wN,�n-ten ! r.r.r n -.o
- G�»S.p.No....n
•�w_�•`•�^�•►.
�
1
w..s,.�.r..a
• I':G" Vis"
.-.ar....r.::.:
l_ •
; M
w�
!SCM
'
Jt
r+r..
.IiNY1 pMf
. .!
•�
I
»i �r
I
i
{OW UnW WAY=
R
' i
r
� �
�
.IONt■ OAIITiA
t •'
.E
P� -
L
IOM 1■/ AM fnerop PLM
Nd
4,Y-1
ae� w. mie-m
ul�:ils
MM
\ �w�M�w.r•awr Ml
or
� i
/O®II �C I
���yw�w�1J•Jyy��
WT qv;jw
WWa'
SE=
Ij
Ir
t �
•
• IM•�/V
Y1AI•r�Ml� �
•
'
IRR U" RIM 1►AWN
. ���w 'lam � ry' � {.iY�!� :v i i�a•.f�i..•v w::ii"1:•�
LB W OTB�AffiM eat Rem
JONiN OARYtR
�� •www
1-R-1
IM
OM, Mw
Na 7Dt6-1! �lli��W
_r..aran.
-s ow umoe vat
e-IM
�amr-...
'
tir
...�
ratrvo ■awar
—
r
lum Lin Aim `-t P
on w w ow ■ou
i
�ouvu muie,m.ai
;
ueur nw rp. rrur
'
—1 LIL Ad
..H
TITIN�1
Nm Nvu vim mfmn..
Irw�r�MrM �.M r
M.Y I J•
! �
.w.r .
tZ,
�
t.YYr.w..1 r
aw•r�r�r..rr...nr n
rp rr. wr.. r1 X11 O
rvrww..rp%�i .1� n
nor.... •.�rr•y .
r.:�
•trMMlYww I
r..rar...wy
r•.w rrrw� •
rwr./ •
.•.r.�.w .
qmm
rewrrrr+.r'"�
r.•.r•er.w r
rrw..ra�r •..
w1."". •
rrsr s
J