Ordinance No. 1542ORDINANCE NO.1542
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING FRITZ LANHAM,CITY MANAGER,TO EXECUTE THE PROPER
INSTRUMENTTOEFFECT THE EXCHANGE OF EASEMENTS AS DESCRIBED IN
THE ENACTING CLAUSEOFTHIS ORDINANCE AND PROVIDING FOR AN EF
FECTIVE DATE HEREOF.
WHEREAS,on the 22nd day of February,1973,Theo Wilburn,Individually
and as Trustee for the Wilburn Benes Trust and the Wilburn Branscome Trust,and
Lillian Wilburn,Individually,and as Independent Executrix and Testamentry
Trustee under the Will ofLeslie Doyle Wilburn,Deceased,for good and valuable
consideration conveyed to the City of Baytown a certainutility easement des
cribed in an instrument recorded under Harris County Clerk's File No.D823311;
and
WHEREAS,the saidTheo Wilburn and Lillian Wilburn,individually and
in their representative capacities subsequently conveyed the tract or parcel of
land in,on,upon,over,under,along and across said easement as situated to
Eugene H.Branscome,Jr.;and
WHEREAS,it has been determined that because of soil conditions the
sanitary sewer line for which the above referred to easement was purchased
could be more feasibly placed along a different route;and
WHEREAS,Eugene H.Branscome,Jr.is willing to convey a new easement
in exchange for a release of a great portion of the above mentioned easement;
and
WHEREAS,pursuant to the provisions of Article 5421e-12(2d),Vernon's
Annotated Texas Statutes,political subdivisions may exchange interest in land
originally required for easements as consideration for other easements without
the necessity of taking sealed bids and publishing notice thereof;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,does
hereby authorize Fritz Lanham,City Manager,for and in consideration of the ex
change of the following described easement:
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BEING a 0.1815 acre parcel of land in the Harvey Whiting Survey,Abstract 840,
Harris County,Texas,and being out of a 47.14 acre tract of land as described
by deed to Theo Wilburn,recorded in Volume 8258,Page 75 of the Harris County
deed records;said 0.1815 acre tract of land being more fully described by
metes and bounds as follows:
COMMENCING at an iron rod in the East line of a utility easement from
Theo Wilburn to City of Baytown,said iron rod also being North 27 de
grees,45 minutes,52 seconds East,a distance of 156.92 feetfrom a
point of intersection of the centerline of GooseCreek and the North
line of a fifty foot (50')Houston Lighting and Power Company right of
way,also being the South line of the aforementioned Theo Wilburn 47.14
acre tract of land;
THENCE,along the Eastline of the abovementioned utility easement North
45 degrees,01 minutes,26 seconds East,a distance of 59.41 feet to the
PLACE OF BEGINNING of the herein described 20 foot wide utility easement;
THENCE,continuing North 45 degrees,01 minutes,26 seconds East,a dis
tance of 21.25 feet to a point for corner;
THENCE,South 21 degrees,48 minutes,34 seconds East,a distance of
34.64 feet to an angle point;
THENCE,South 72 degrees,28 minutes,34 seconds East,a distance of
359.26 feet to a point in the Westline of the same beforementioned
City of Baytownutility easement;
THENCE,South 35 degrees,14 minutes,09 seconds East along the West
line of said utility easement,a distance of 21.00 feet to a point
for corner;
THENCE,North 72 degrees,28 minutes,34 seconds West,a distanceof
362.34 feet toan angle point;
THENCE,North 21 degrees,48 minutes,34 seconds West,a distance of
35.09 feet to the PLACE OF BEGINNING and containing 0.1815 acres of
land more or less,along with a 15.0 foot wide temporary construction
easement on both sidesofand parallel with the 20 foot wide permanent
utility easement.
to execute an instrument RELEASING,DISCHARGING,and FOREVER ACQUITING unto the
saidEugene H.Branscome,Jr.the following described easement,to-wit:
0.6352 acre tract of land in the Harvey Whiting Survey,Abstract 840,Harris
County,Texas,and being out of a 47.14 acre tract of land described by deed
to Theo Wilburn,recorded in Volume 8258,Page 75 of the Harris County Deed
Records,Harris County,Texas;said 0.6352 acre tract of land being more fully
described by metes and bounds as follows:
BEGINNING at the point of intersection of the centerline of Goose Creek
andthe North line of a fifty foot (50')Houston Lighting and Power
Company right of way,also being the South line of the aforementioned
Theo Wilburn 47.14 acre tract of land;
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THENCE,with the meanderings of the centerline of Goose Creek,North
20 degrees,19 minutes,20 seconds West,a distance of 87.21 feet to
a point;
THENCE,North 02 degrees,17 minutes,31 seconds West,a distance of
58.57 feet to a point;
THENCE,North 45 degrees,01 minutes,26 seconds East,a distance of
64.52feet to a point;
THENCE,leaving the center line of Goose Creek,South 23 degrees,14
minutes,04 seconds East,a distance of 107.66 feet to a point;
THENCE,South 17 degrees,20 minutes,23 seconds West,a distance of
16.63 feet to a point;
THENCE,South 02 degrees,17 minutes,30 seconds East,a distance of
21.36 feet to a point;
THENCE,South 20 degrees,19 minutes,20 seconds East,a distance of
89.39 feet to a point;
THENCE,South 88 degrees,44 minutes,30 seconds East,a distance of
353.17 feet to a point;
THENCE,South 01 degree,16 minutes,38 seconds West,a distance of 20.00
feet to a point in the North lineof the aforementioned Houston Lighting
and Power Company rightof way,also being the South line of the 47.14
acre tract of land;
THENCE,North88 degrees,44 minutes,30 secondsWest along said South
property line,a distance of 452.80 feet to the PLACE OF BEGINNING and
containing 0.6352 acres of land moreor less.
Section 2:This ordinance shall take effect immediately from and after
its passage by the City Council.
INTRODUCED,READand PASSED by the affirmative vote of the City Council
of the City of Baytown,this 7th day of Fphmary ."1974.
GENTRY,Mayor
ATTEST:
c
EDNAOLIVER,City Clerk
APPROVED:
ill fULi,i«A.r,
NEEL RICHARDSON,City Attorney
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