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Ordinance No. 1,967ORDINANCE NO.1967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE CONVEYANCE OF RIGHT OF WAY ACROSS,OVER,ALONG,UPON,AND UNDER LANDS OWNED BY THE CITY OF BAYTOWN;DIRECTING THE MAYOR TO EXECUTE ANDTHE CITY CLERK TO ATTEST TO INSTRUMENTS GRANTING RIGHT OF WAY TO HOUSTON LIGHTING &POWER COMPANY;AND PROVIDING FORTHE EFFECTIVE DATE HEREOF. WHEREAS,Houston Lighting &Power Company is in need of right of way for electrical distribution and communication lines consisting of wires,poles and other necessary or desirable equipment across,over,along,upon and under lands owned by the City of Baytown in order to serve the City of Baytown with electric service at the East District Sewage Treatment Plant;and WHEREAS,the City Council of the City of Baytown has determined that it is necessary for the City to provide this right of way in order to obtain necessary electric service and further that the City's use of the property in question will not be impaired by the granting of said right of way; 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, for the consideration of One and No/100 ($1.00)Dollar and other good and valuable consideration does hereby authorize the conveyance to Houston Lighting &Power Company of right of way for electrical distribution and communication lines consisting of wires,poles and other necessary or desirable equipment across,over,along,upon and under certain property owned by the City of Baytown and described in Exhibit "A," which is attached hereto and made a part hereof forall intents and purposes. Section 2:That the Mayor is hereby authorized and directed to execute andthe City Clerk to attest instruments granting such right of way. Section 3: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 of the City of Baytown this11th day of March ,1976. -■—s&->~— TOM GENTRY,Mayor ATTEST: EILEEN P.HALL,City Clerk APPROVED: NEEL ty Attorney —2— 09 EXHIBIT "A" .-/)■■'<■> File No Job No WA-22347 County Harrls Map 6058 D-80 THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: THAT City of Baytown .(hereinafter referred to as Grantor,whether one or more),of Harris County and Chambers County for and in consideration of One Dollar ($1.00)to grantor in hand paid by Houston Lighting &Power Company (hereinafter referred to as Grantee),and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,and by these presents does grant unto Grantee,its successors,assigns and lessees,a right-of-way for electric distribution and communication lines,consistingof wires,poles and other necessary or desirable equipment across,over,along,upon and under the following described lands located in Harri a County,Texas: t That certain tract or parcel of land consisting of 41^23 acres outof the Christian Smith Survey,Abstract No.69,and being the same propertydescribed and conveyed in a deed dated December 14,1960,from Charles Laird to Grantor herein,and recor ded in Volume 4226,Page 116,of the DeedRecords of Harris County,Texas. The easement herein granted is an unobstructed easement ten (10)feet wide,the location of the centerline of which is shown by a dot-dash symbol on Sketch No.76- 0105,prepared by Houston Lighting &Power Company,hereto attached and made an integral part hereof,together with the necessary down guys as shown on said attached sketch,said easement is further described in the last paragraph below. The easement granted herein is an easement ten (10)feet wide at and below normal ground level and extending upward to a plane twenty (20)feet above the ground,and from said plane and upward the easement is twenty (20)feet wide with the same centerline as at ground level,together with (1)the right to use and to keep all of said easement area free and clear of any and all obstructions except prop erty line fences,and (2)the rights of ingress and egress to and from said right-of-way for the purpose of constructing,operating,inspecting,repairing,maintaining,replacing,and removing said wires,poles and equipment;and Grantor,his successors,assigns,agents or licensees,shall not have the right to cause or permit any obstruction except property line fences to be placed or constructed or to grow within said easement area without the express writtenconsent of Grantee. EXECUTED this__23__day nf February ,19X6— /.CITY OF BAYTOWN ATTEST:(<.* Mayor BY:. City Clerk STATE OF TEXAS Harris.County BEFORE ME,the undersigned authority,a Notary Public in and for Harris County, Texas,on this day personally appeared .^fc/>.V;....,.£/£.J.C^L^j:..f MajfOX City..of...Etaytown „ known to me to be 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 act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /..'/...day of ¥jf\.(LACJ&......A.D.19...7& Notary Public JHgtrris County,Texas STATE OF TEXAS County BEFORE ME,the undersigned authority,a Notary Public in and for County, Texas,on this day personally appeared known to me to be the person....whose name....is/are subscribed to the foregoing instrument,and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEALOF OFFICE this day of A.D.19 Notary Public County,Texaa STATE OF TEXAS County BEFORE ME,the undersigned authority,a Notary Public in and for County, Texas,on this day personally appeared ,and wife,_., both known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that theyeach executed the same for the purposes and consideration therein expressed,and the said wife of the said ,having been examined by me privily and apart from her husband,and having the same fully explained to her,she,the said acknowledged such instrument to be her act and deed,and declared that she had willingly signed the same for the purposes and consideration therein expressed,and that she did not wish to retract it GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D.19 Notary Public,County,Texaa STATE OF TEXAS County BEFORE ME,the undersigned authority,a Notary Public in and for County, Texas,on this day personally appeared ,and wife,. both known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that they each executed the same for the purposes and consideration therein expressed,and the said ,wife of the said ,having been examined by me privily and apart from her husband,and having the same fully explained to her,she,the said , acknowledged such instrument to be her act and deed,and declared that she had willingly signed the same for the purposes and consideration therein expressed,and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEALOF OFFICE this day of A.D.19 Notary Public,-County,Texas N •- f E* ' E & 0» 5 OF AL L TA S E V E N T S AR E TO '. ' E R S E C WI T H TH E EX T E R I O R S OF AL L ~r . ' O > N I N C C A S E M E N T S OR W I T H AO J O I N - sr , PB D P E R T Y LI N E S . _J O P _ _ N O _ RE V I S E T "da ' t ' e C O U N T Y , da t e : •• s SC A L E U K N C H O U S T O N LI G H T I N G & PO V / E R CO . H O U S T O N T E X A S EN G I N E E R I N G D E P A R T M E N T SK E T C H