Ordinance No. 1,29811 ` 11 .h�[AM►[O>l M41.61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT GRANTING HUMBLE OIL
AND REFINING COMPANY INGRESS AND EGRESS TO THE HUMBLE PROPERTY
ON GARTH ROAD AND PROVIDING FOR THE EFFECTIVE HEREOF.
WHEREAS, Humble Oil & Refining Company has granted to the City
of Baytown right of way to be used for the expansion of Garth Road; and
WHEREAS, Humble Oil & Refining Company desires an easement and
right of way across the above referred to right of way for ingress and
egress purposes to the Humble Service Station on Garth Road; and
WHEREAS, the City of Baytown's use of the said right of way will
not be interferred with by granting to Humble Oil & Refining Company an
easement and right of way for ingress and egress to the Humble Service
Station on Garth; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Mayor be and is hereby authorized to execute
to Humble Oil & Refining Company an easement and right of way across the
land described in Exhibit "A" attached hereto and made a part hereof.
Section 2: This ordinance shall take effect 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 this 9th
ATTEST:
day of
EDNA OLIVER, City Clerk
APPROVED:
November , 1972.
C. GLEN WALKER, Mayor
N C. TYFMNIG, A istan 'ty ttorney
NEEL RIC ARDSON, City Attorney
EXHIBIT "A"
ri Cy r,-`Tn PTC11T l VAY
THE MATE OF TEXAS 6
KEN BY •H.' E PRESENTS: THAT,
,
COUNTY OF HAR .IS
The City of Pa.ytown, a municipal corporation of Hnrr3 s
County, Texas, hereinalte r sometimes calieu "Grantor ", For and
in consideration of Ton Lailars (?10.00) LLd other good and
valuable consideration to it in h.::n.d na.id by Humble Oil. Fc
Refining Company, a _ nlawa.re cor oration, vith its nri.ncinal
office in f_ouston, Harris County, Texas, hereinafter sometimes
called " yantGc", the raceipt of which is hereby acknowledged
and confessed, has granted and conveyed ano by these presents
does hereby grant and convey subject to the terms and conditions
hereinafter set out Banco Grantee - its successors and ass: gns,
an easement and right of way for the hereinafter described
purpooes in, upon and acro4s the following described property
situated in Harris County, 'Texas;
BEING a parcel of lard out of the E:arvey Whiting
Survey, i -840, Ha rri s County Texas, being a
portion of that certain 0.8797 acre- tract of
land conveyed to Humble Oil and Refining Company
from Goose Creek Yasonic Corporation by deed
recorded in Volume 7097, at Pave 540, Harris
County, Deed Records, Harris County, Texas, and
being more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the
West right-of-way line of Garth Road and ?forth
right -of -tray line of a drainage ditch being also
the Southeast corner of the above mentioned 0.6797
acre tract;
THENCE, Forth 10 12' 52" West with the West
riTht -of -way line of Garth road a distance of
210.96 feet to the point of intersection of the
West rivhc -of -line of Garth Road and the South
right -of -way line of 'texas State Hi hway Loop
201, said point a.iso being zhe Northeast corner
of the above mentioned 0.1797 acre tract;
TH `CE. South S80 211 n& West with the South
right-of-way line of Texas State Highway Loop
201, a distance of 50.22 feet to a corner;
THENCE, ,South 460 12' 52" East, a distance of
56.88 feet to an angle point;
THENCE, South 10 12' 52" East, a distance of
178.45 feet to a point in the North richt- of -way
line of the afore ^ nti.onod ArainaSe ditch;
THENCE, North 880 20 56" East with the North
right -of -way line of the aforementioned drainage
ditch a distance of 10.0 feet to the POIiaT OF
:LEGIANiNG e clocing a narcei of land ccntaining
0.0690 acres, more or less.
This casonent ..ay be u2 _d by GrAntce, Its :uc osor, an; 3 s:L n."
for i,- °,_ ry � ,a ",',, .:gin t,:' oi ..:i:..i.'!-" -;it a. aTli,.. by a'Y',.i'tL-`1'
al' d the public •i:X`o h acc-sm a ry _... .V iI"]=:.. _ar no 2 , is
Lltl?",__..00i L:_ly interfere with Gr7nhrin ._, - ind the C7 ,!i;_ .,._
till�p y 1e, Grantee nt e 1� i - have �...,, e �= c.i a
.LE'i:�'.�., ��- ,t:ti_1. � :lr...- L:_�.t U, "t';:�. .1. �=s :�.�..i_ 1� f 4i,� ti:" 7 1.._
7
S`3 for'e. '�.id lands for driveway yu) "pi: ns, qariing of a utvIi o1Jia-.ea ,
and bhe service of its c s toLer' s r: iL.:-r veAicles .
The eas£.'EL`'."nt and r' Q't. of way conveyed hereunder i n afar
as it entails the ri ;ht to rc``- wonnbly u7e the described surfaco
area by Grant c, its a -tints and its cunto "?rs for the pur; "maces
stated, is not excluoi `re aM Grantor .'hall continue to have tho
right to the use of said :a1YY' face a7'i:a for All purposes which Qo
not intcrf`re with the ri -hts of Grantee h oreunder and with the
requirements of the Tenas Highway Department.
As part of the consideration for the grant of this
easement Grantee hereby a=_rrees to inaemnifj, defend and held
harmless Grantor a .-ainst any and all clair. g, demands, liability,
suits, actions, judgments and recoveries for or on account of
dana e to proverty or injury to persons which may arise from the
willful or ne ligent acts or w�i2sion.s of Grantee, its anents,
employees, or cust3nera and occurring; in the course of Grantce's,
its agents, e: ployees, or customers, exercise of any right sr
claim of right granted hereunder.
TO HAVE AND TO HOLD the above described right of way and
easement unto Humble Oil L Refining; Company, its successors and
assigns, for as long; as said ri ;ht of way is used for the
purposes stated above and until said easement is released by
recordable instrument.
It is distinctly understood and agreed that this does
not constitute a conveyance of any ;art of the land describe,!
above, but grants only the right of way and easement provide.a
above.
This conveyance is u.ade without warranty of title either
express or implied.
EXECUTED IN DUPLICATE ORIGINALS this day of
a 1072
THE CITY OF BAYTOWN,
HARRIS COUN'T'Y, TEXAS
BY-
-2-
This eatement may be used by On"Von. !to 2accessors and rssigns
fcr inaress and c, rcss to Crzaia,15 Knj�.nant lands by Grantor and
tho Duille hhrcuVA occeis rporonchns ..no, iisofar as not to
unreasonably interfere with W�ntnrls use, Irantee shall tn7e
the use of the afores&id lanAs for drivcyny purposes, parking
of automobiles, and the service of its customers' motor vehicles.
The easement and rignt of way convejed hereunder Insofar
as it entails the riZht to reasonably use ine described surfuce
area by Grantce, its agents anJ its cuMcmers for the purposes
stated, is not exclusive and Grantor :hall continue to have the
right to the use of vaid surfcoc area for all purposes which do
not interfere with the ri7hts of Grantee Aereunder.
As part of the consideration for the grant of this
easement Grantee hereby agrees to indemnify, defend and hoM
harmless Grantor aqainst any and all claims, demands, liability,
suits, actions, jud7nents and recoverles for or on account of
dama7e to prorarty or injury to persons which may arise from the
willful or negligent acts or cnissions of Grantee, its agents,
employees, or customers and occurring in the course of Grantee's,
its agents, employees, or customers, exercise of any right or
claim of right granted hereunder.
TO HAVE AND TO HOLD the above described right of way and
easement unto Humble Oil & Refining Cc-mmany, its successors and
assigns, for as long as said riCht of way is used for the
purposes stated above and until said easement is released by
recordable instrument.
It is distinctly understood and agreed that this does not
constitute a conveyance of any part of the land described above,
but grants only the right of way and easement provided above.
This conveyance is made without warranty of title either
express or implied.
EXECUTED IN DUPLICATE ORIGINALS this day of
, 1972.
THE CITY OF BAYTOWN,,
HARRIS COUNTY, TEXAS
By
-2-
T717E STATr-P, OF, T,]XIAS
COUNTY OF
Before me, the undersigned ;wthorlty, on this day
personally appeared . known to me
to be the por2on whose name iE77i7iI777ri- �7 The foregoing
instrument as of
�FMM—Mynolylged to me
e xecKe sawn yor Vie nivi.yes and cannVeration therein
expressed, and as the act and deed of said
Given under my hand and seal of office this the
day of A 1972.
Waij—Public in and Ar
County, Texas