Ordinance No. 1,543ORDINANCE NO.1543
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING FRITZLANHAM,CITY MANAGER,TO EXECUTE THE PROPER
INSTRUMENT TO EFFECT THE EXCHANGE OF EASEMENTS AS DESCRIBED IN
THE ENACTING CLAUSE OFTHIS ORDINANCE AND PROVIDING FOR ANEF
FECTIVE DATE HEREOF.
WHEREAS,on the 2ndday of August,1974,Gulco,Inc.,a Texas corporation
for good and valuable consideration conveyed to the City of Baytown a certain
utility easement described in an instrument recorded under Harris County Clerk's
File No.D676538;and
WHEREAS,the said Gulco,Inc.subsequently conveyed the tract or parcel
of land in,on,upon,over,under,along and across said easement as situated
to American Property Investors,a Colorado Limited Partnership;and
WHEREAS,it has been determined that because of soil conditions thesan
itary sewer line for which the above referred to easement was purchased could
be morefeasibly placed along a different route;and
WHEREAS,American Property Investors is willing to convey a new easement
in exchange for a release of a 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 othereasements without
the necessity of takingsealed bids and publishing notice thereof;NOW THEREFORE,
BEIT ORDAINED BY THE CITY COUNCILOF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,does hereby
authorize Fritz Lanham,CityManager,forand in consideration for the exchange
ofthe following described easement:
BEING a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width,said construction easement being 15 feet in
width on each side of the aforementioned 20 foot wide permanenteasement;
said easements being over andacross that certain 17.97 acre tract of
land conveyed to Gulco,Inc.,by deed recorded in Volume 7966,at Page
111 of the Deed Records of Harris County,Texas,and being situated in
the Harvey WhitingSurvey;centerline of said easement being described
as follows:
0
COMMENCING at a point of intersection of the North right of way
line of State Highway Spur 201 with the West right of way line
of Garth Road;
THENCE,South 89 degrees,45 minutes,00 seconds West with the North
line of State Highway Spur 201,a distance of 560.00 feet to a point
for corner;
THENCE,North 06 degrees,27 minutes,15 seconds West with the center-
line of an existing easement,a distance of 165.78 feet to a point;
THENCE,North 35 degrees,08 minutes,00 seconds West,continuing with
the center!ine of the abovementioned easement,a distance of 164.00
feet to a point;
THENCE,North 69 degrees,49 minutes,30 seconds West,continuing with
the centerline of the abovementioned easement,a distance of109.00
feet to a point;
THENCE,North 02 degrees,36 minutes,05 seconds East leaving the
centerline of the abovementioned easement,a distance of 10.48 feet
to the PLACE OF BEGINNING of the centerline of the herein described
20 foot wide utility easement;
THENCE,continuing North 02 degrees,36 minutes,05 seconds East,a
distance of158.73 feet to a point;
THENCE,North 72 degrees,27 minutes,50 seconds West,a called dis
tance of 165.00 feet to the centerline of the East Fork of Goose Creek
and PUCE OF ENDING of the centerline for the 20 foot wide utility
easement.
to execute an instrument RELEASING,DISCHARGING,and FOREVER ACQUITING unto the
said AmericanProperty Investors the following described easement,to-wit:
Being an easement 20 feet in width over and across that certain 17.97 acre
tract of land conveyed to Gulco,Inc.,by deed recorded in Volume 7966,at
^Page 111,of the Deed Records of Harris County,Texas,and being situated
<in the Harvey Whiting Survey;Centerline ofsaid easement being described
as follows:
COMMENCING at a point of intersection of the North right of way lineofStateHighwaySpur201withtheWestrightofwaylineofGarth
Road;
THENCE,South 89 degrees,45 minutes,00 seconds West with the North
line of State Highway Spur 201,a distance of 560.00 feet to a point
forcorner;
THENCE,North 06 degrees,27 minutes,15 seconds West with the center-
line of an existing easement,a distanceof165.78 feet to a point;
THENCE,North 35 degrees,08 minutes,00 seconds West,continuing
with the centerline of the abovementioned easement,a distance of164.00 feet to a point;
THENCE,North 69 degrees,49 minutes,30 seconds West,continuing
with the centerline of the abovementioned easement,a distance of
119.03 feet to the PLACE OF BEGINNING of the centerline for thehereindescribed20footwideutilityeasement;
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THENCE,continuing North 69 degrees,49 minutes,30 seconds West,a
distanceof 180.01 feet toan angle point;
THENCE,North 41 degrees,42 minutes,57 seconds West,a distance of
119.30 feet to the PLACEOF ENDING in the centerline of the East fork
of GooseCreek Stream;said point beinglocated North 21 degrees,43
minutes,50 seconds East,a distance of139.16 feet,North 48 degrees,
51 minutes,30 seconds East,a distance of 3.12 feetfrom the point of
confluence of the East fork of GooseCreek Stream with GooseCreek Stream.
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 ofBaytown,this14th day of February >1974.
"DM GENTRY,Mayor
ATTEST:
EDNA OLIVER,CityClerk
APPROVED:
NEEL RICHARDSON,City Attorney
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