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Ordinance No. 1,572ORDINANCE NO.1572 AN ORDINANCE OF THE CITY COUNCIL OF THECTTYOFBAYTOWN,TEXAS,ACCEPTING ALIFT STATION SITE AND SEWER LINE EASEMENTSFROMTHE GOOSE CREEKCONSO LIDATED INDEPENDENT SCHOOLDISTRICTAND AUTHORIZING THEMAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE NECESSARY INSTRUMENT OBLIGATING THE CITY TO MAINTAINSAIDLIFT STATION SITE AND EASEMENTS IN THE MANNER SET FORTH IN THE CONVEYANCE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THECITY COUNCIL OF THE CITY OFBAYTOWN,TEXAS: Section 1:That the City Council of the City of Baytown ,Texas,hereby accepts a lift station site andsewer line easementsfrom the Goose Creek Con solidated Independent School District and authorizes the Mayor and City Clerk to execute and attest the necessary instrument obligating the City to maintain said lift station and sewerline easements in the manner set forth in thecon veyance.A copy of the proposed instrument is attached hereto,marked Exhibit "A",and made a part hereof for all intents and purposes. Section 2:This ordinance shall take effectfrom 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 of the City of Baytown on this28th day of Marrh ,1974. TOM GENTRY,Mayor ATTEST: ,s (J EDNA OLIVER,City Clerk APPROVED: NEEL7RICHARDSON,City Attorney EXHIBIT "Atin ii V THE STATE OF TEXAS J COUNTYOF HARRIS j KNOW ALL MEN BY THESE PRESENTS: That GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT of Chambers and Harris Counties,Texas,hereinafter called Grantor,in consideration of the sum of ONE AND NO/100 ($1.00)DOLLAR and other good and valuable consideration,the receiptof which is hereby acknowledged,does hereby GRANT,SELL and CONVEY unto the CITY OF BAYTOWN,located in the Countyof Harris in the State of Texas,hereinafter called Grantee,the right to construct,alter and maintain a sewer line across the propertydescribed on the attached Exhibit "A"and Exhibit "B\together with the right of ingress and egress over and across such propertyinsofar as such right of ingress and egress is necessary to the proper use of the right granted herein.And further,.Grantor does hereby GRANT,SELL and CONVEY unto Grantee,an easement and rightofway upon and across the property described on the attached Exhibit "C"for the construction of a sanitary sewer lift station,together with such right of ingress and egress as is necessary to the proper use of the right granted herein. The right of way,easement,rights and privileges herein granted shall be usedonly for the purpose of placing,constructing,operating,repairing, maintaining,rebuilding,replacing,relocating,and removing a sanitary sewer line and lift station on the respective properties described on the attachedExhibits "A","B"and "C",and providingpedestrian and vehicular ingress and egress to the installations located thereon by Grantee. It is expressly agreed and understood that the easement rights and privileges herein conveyed to Grantee are conditioned upon the Grantee herein constructing and maintaining the lift station se that it will not detract from the neighborhood in which it is located orbecome a nuisance,either now or in the future;uponthe Grantee herein leveling,landscaping,and mowing on a regular basis,the triangular tract described on the attached Exhibit >including the shoulders of the ditches surrounding such tract, upon which the lift station is located;upon the Grantee herein coordinating the trenching forthe sewer pipe,the laying of the pipe and the back-filling of the same so that the trenching willnot be left open for any period of time in excess of five (5)days,and in addition,Grantee herein will write r1 specifications to prospective bidders to insure that this is done;upon Grantee herein leveling,grading and maintaining the surface of the sewer line easements for a period of six (6)months after the laying of the original sewer line or any maintenance thereof.In addition,should the Grantee dis rupt the surface of any part of the easement granted herein at any future date,it shall be the responsibility of the Grantee to restore the surface to its original condition,including the resodding of grass or other vegeta tion andthe replacement and restoration of all fences,walls,or other structureswhich may have tobe relocated or removed during such construction. Grantee shall pay Grantor reasonable compensation for such fences,walls or jfPN structures which maynot be replaceable and for such vegetation and crops as may be damaged or destroyed during such construction and which may not be replaceable. The easement,rights and privileges granted hereunder shall terminate when,or at such time,as the purposes hereof cease to exist,are abandoned by Grantee,orbecome impossible of performancs. Should Grantee failto perform any covenant,undertaking,or obligation arising hereunder,all rights and privileges granted hereby shall terminate, and this agreement shall be ofno further force or effect. Grantor also retains,reserves,and shall continue to enjoy the use of the surface of such property for any and all purposes which do notinterfere with and prevent the use by Grantee of the said easements,including the right to build anduse the surface of the herein granted easements for drainage ditches and private streets,roads,driveways,alleys,walks,gardens,lawns, planting or parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by this easement to any city for the use as a public street,road or alley. IN WITNESS WHEREOF,this instrument is executed this day of ,A.D.1974. President of the Board of Trustees of GooseCreek Consolidated Independent School District ATTEST: Secretary of the Board of Trustees Mayor of the City of Baytown,Texas ATTEST:____^_______'_ Clerk of the City of Baytown, Texas THE STATE OF TEXAS I COUNTY OF HARRIS j BEFORE ME,the undersigned authority,on this day personally appeared ____.President of the Board of Trustees of the GooseCreek Consolidated Independent School District,known to me to bethe person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity thereinstated and as the act and deed of said School District. GIVENUNDER MY HAND AND SEAL OF OFFICE,this,the day of ,A.D.1974. NOTARY PUBLIC,HARRIS COUNTY7TE X A S THE STATE OF TEXAS J COUNTYOF HARRIS I BEFORE ME,the undersigned authority,on this day personally appeared ,Mayor of the City of Baytown,Texas,known to me tobe the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated and as the actand deed of said j wi uaj vv/riu ,icau. GIVEN UNDER MY HAND AND SEALOF OFFICE,this,the dayof ,A.D.1974. NOTARY PUBLIC,HARRIS COUNTY,TEXAS 13cd FIELD N0T13 DESCRIPTI/**4 FORA 10 FOOT WIDE UTILITY EASEMENT BEING A 0.S938ACRE TRACT OFLAND OVER ANDACROSS AN 86.32 ACRE TRACT OF LAND IN THE HARVEY WHITING LEAGUE,ABSTRVT 840,HARRIS COUNTY,TEXAS,AND BEING FURTHER DESCRIBED BY DEED TO THE GOOSE •CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT,RECORDED IN VOLUME 3129,PAGE 398 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS;SAID 0.5938 ACRESBEING MORE FULLY DESCRIBED BY METESAND BOUNDS AS FOLLOWS: COMMENCING at the Southwest corner of the above mentioned 86.32 acre tract of land,said pointbeing in the centerline of a drainage easement granted to Harris County by W.S.Craig,by deed dated June 10,1944,and recorded in Volume 1336,Page 85, of the DeedRecords of Harris County,Texas,and also being in the North Right-of-Way line of Baker Road; THENCE,North 89 degrees,48 minutes,00 seconds East,along the North line of Baker Road,a distance of 35.00 feet to the Southeast corner of the above described Harris County drainage easement,said point being the place of beginning of a Harris County Flood Control District Drainage Easement described by deed recorded in Volume 3940,Page 370 of the Harris County Deed Records andthe PLACE OF BEGINNING of the herein described 0.5938 acresof land; THENCE,North 00 degrees,59 minutes,37 seconds East,along the East line of the above described Harris County Flood Control Dis trict Drainage Easement,a distance of 784.15 feet to a point for corner in the South lineof an unrecorded 10 foot wide Houston Lighting and Power Company Utility Easement; THENCE,South 89 degrees,00 minutes,23 seconds East,along the South line of the abovementioned Houston Lighting and Power Company Utility Easement,a distance of 7.00 feet to a point for corner; THENCE,North 00 degrees,59 minutes,37 seconds East,along the East side of the Houston Lighting and Power Company unrecorded 10 foot wide Utility Easement,a distance of 1785.35 feet to an angle point in the Northwest line of the beforementioned Harris County Flood Control District Drainage Easement; THENCE,along the Northwest line of the drainage easement,North 28 degrees,24 minutes,00 seconds East,a distance of 21.73 feet to a point for corner; THENCE,South 00 degrees,59 minutes,37 seconds West,parallel with and 10 feet East of the East line of the beforementioned Houston Lighting and Power Company Utility Easement,a distance of 1814.64 feet to a point for corner; THENCE,North 89 degrees,00 minutes,23 seconds West,a distance of 7.00 feet to a point for corner; THENCE,South 00 degrees,59 minutes,37 seconds West,parallel with and 10 feet East of the East line of the beforementioned HarrisCounty Flood Control District Drainage Easement,a dis tance of 773.94 feet to a point for corner inthe North Right- of-Way line of Baker Road; THENCE,South 89 degrees,48 minutes,00 seconds West,along the North line of Baker Road,a distance of 10.00 feet to the PLACE OF BEGINNING and containing 0.5938 acres of land moTe or less. EXHIBIT "A" UTILITY EASEMENT BEGINNING at a point on the North line of Baker Road,said point being the Southeast corner of the Goose Creek Consolidated Independent School Districts Ross S.Sterling High School property and the Southwest corner of Sunrise Courts Subdivision: THENCE,North 0 degrees 28 minutes East 893.23 feet to a point on the South line of a private street right-of-way; THENCE,North 11 degrees 49 minutes East 61.34 feet to a point on the North line of the private street right-of-way,said point being onthe East line of the Ross S.Sterling High School property; THENCE,North 0 degrees 04 minutes East 896.6 feet to a point for corner; THENCE,South 89 degrees 50 minutes West 490.0 feet to a point for corner; THENCE,North 0 degrees 04 minutes East 900.4 feet to a point on the South line of the Cedar Bayou -Lynchburg Road; THENCE,South 88 degrees 24 minutes West 15.0 feet along the South line of Cedar Bayou -Lynchburg Road to a point; THENCE,South Q degrees 04 minutes West914.95 feet to a point forcorner; THENCE,North 89 degrees 50 minutes East 490.0 feet to a point for corner; THENCE,South 0 degrees 04 minutes West 881.6 feet to a point,said point being in line withan extension ofthe North line of the private street right-of-way; THENCE,South 0 degrees 28 minutes West 893.23 feet to a point on theSouth line of the Ross S.Sterling High School property said line being the North line of Baker Road; THENCE,North 89 degrees 48 minutes East 15 feet tothe POINT OF BEGINNING, being an easement 15 feet in width along the East side of the Ross S.Sterling High School property forthe purpose of installing a sanitary sewer line. There shall be a temporary work room easement twenty (20)feet in width adjacent to the West and South sides of the above described easement. EXHIBIT "•" FIELD-NOTE DESCRIPT! FOR A SANITARY SEWER LIFT STATION SITE BEING A 0.2184 ACRE TRACT OF LAND OUT OF AN 86.32 ACRE TRACT OF LAND IN THE HARVEY WHITING LEAGUE, ABSTRACT 840,HARRIS COUNTY,TEXAS,AND BEING FURTHER DESCRIBED BY DEED TO THE GOOSE CREEK CON SOLIDATED SCHOOL DISTRICT,RECORDED IN VOLUME 3129, PAGE 398,OF THE DEED'RECORDS OF HARRIS COUNTY, TEXAS;SAID 0.2184 ACRES BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at the Northwest corner of the abovementioned 86.32 acre ' tract of land,said point being in the centerline"of a drainage ease ment granted to Harris County by W.S.Craig,by deed dated June 10, 1944,and recorded in Volume 1336,Page 85 of the HarrisCounty Deed Records,Harris County,Texas,and also being in the South right-of- way line of Cedar Bayou-Lynchburg Road; THENCE,North 88 degrees,24 minutes,00 seconds East,along the South line of Cedar Bayou-Lynchburg Road,a distance of 25.03 feet to the Northeast corner of the Harris County Drainage Easement,and PLACE OF BEGINNING of the hereindescribed 0.2184 acres of land; THENCE,North 88 degrees,24 minutes,00 seconds East,continuing with the South line of Cedar Bayou-Lynchburg Road,at a distance of 37.04 feet crossing the centerline of a 10 foot wide Houston Lighting and Power Company Utility Easement,unrecorded,for a total distance of 100.63 feet to a point for corner atthe Northwest corner of a Harris County Flood Control District Drainage Easement,recorded in Volume 3940,Page 370 of the Harris County Deed Records; THENCE,South 28 degrees,24 minutes,00 seconds West,along the above described Harris County Flood Control District Drainage Easement,at a distance of 192.28 feet crossing the centerline of the abovementioncc Houston Lighting and Power Company Utility Easement,for a total distance of 218.39 feet to a point for corner in the East line of the beforementioned HarrisCounty Drainage Easement; THENCE,North 00 degrees,59 minutes,37 seconds East,along the East line of the Harris County Drainage Easement,a distance of 189.32 feet to the PLACE OF BEGINNING and containing 0.2184 acres of land, more or less. EXHIBIT "C"