Ordinance No. 1,977ORDINANCE NO.1977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE CONVEYANCE OF RIGHT OF WAY AND
EASEMENT OWNED BYTHE CITY OF BAYTOWN;DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO INSTRU
MENTS GRANTING RIGHT OF WAYAND EASEMENT TOHARRIS
COUNTY FLOOD CONTROL DISTRICT;AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
WHEREAS,the Harris County Flood Control District is in
need of acquiring right of way and easement for drainage and
flood control purposes in order to widen,deepen and generally
improve a drainage ditch identified by the District as Unit
No.Q 112-00-00,Cary Bayou;
WHEREAS,a portion of said right of way runs over and
across certain lands owned by the City of Baytown;and
WHEREAS,the City Council of the City of Baytown has
determined that it is in the best interest of the citizens
of the City of Baytown to provide this right of way in order
to permit the construction of needed drainage improvements,
and further that the City's use of its property will not be
impaired by the granting of said right of way and easement;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the CityCouncil 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 Harris County Flood Control District of
right of way and easement for drainage and floodcontrol
purposes in order to widen,deepen and generally improve a
drainage ditch identified by the District as Unit No.Q 112-
00-00,Cary Bayou,owned by the City of Baytown and described
in Exhibit "A,"which is attached hereto and made a part
hereof forall intents andpurposes.
Section 2:That the Mayor is herebyauthorized and
directed to execute and the City Clerk to attest instruments
granting such right of way and easement.
Section 3:This ordinance shall take effect from and
after its passage by the CityCouncil of the City of Baytown.
INTRODUCED,READ,and PASSED by the affirmative vote of
the City Council of the City of Baytown this25th day
of March 1976.
TOM GENTRY,Mayor
ATTEST:
?EILEEN pY HALL,City Clerk
APPROVED:
NEEL RICHARDSON,
-2-
36
ft':)
EXHIBIT "A"
o537
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT I/We,THE CITY OF BAYTOWN,a municipal corporation,acting
by and through its officers hereunto duly authorized,
hereinafter known as Grantor (whether one or more),of the County of Harris
State of Texas »for *&&m consideration of the sum of OneDollar
($1.00)and other good and valuable considerations
«*&to Grantor in hand paid by the Harris County Flood Control District,the receipt and sufficiency
of which is hereby acknowledged,have Granted,Sold and Conveyed and by these presents do Grant,SeU
andConvey unto the said Harris County Flood Control District,a Body Politic and Corporate,herein
after known as District,its successors and assigns,a perpetual easement and right-of-way for drainage
and flood control as a part of Harris County Flood Control Unit Q 112-00-00
such easement and right-of-way being more particularly described as follows:
A tract of land situated in the County of Harris,State of Texas,
being part ofthe DAVID McFADDEN SURVEY,Abstract No.591,and also
being part of that Tract No.2,9.O087 acres,more or less,conveyed
to the City of Baytown by Louise Jenkins by deed of record in FileNumberSequenceD427411,Film Code 134-34-1472 in the Official Public
Records of Real Property of Harris County,and being more particularly
described as follows:
at the northerlycorner of said Tract No.2,saidcorner
South 28»53'52"East,42.42 feet?
South 79*23'21"East,2.3.00 feet;
South 34"491 28"East,26.02 feet?
South 21°30'18-East,28.02 feet;
South 44°00'37"East,49.36 feet;
South 54°01'15"East,37.64 feet?
South 42°23'13"East,32.14 feet?
South 32°56'34"East,28.07 feet?
South 47°18'15"East,81.29 feet?
South 35*25'10"East,89.03 feet;
South 16°10'16"East,22.47 feet?
South 48°10'25"East,33.63 feet;
South 43°18'24"East,50.30 feet;
South 34»52'54"East,40.02 feet?
South 38°56'21"East,4.48 feet)for a total distance of 657.22 feet to a point?
THENCE,departing from said centerline,South 80-24'50"West,78.39
feet,more or less?
THENCE North 39»44'24"West,448.59 feet to a point?
feet,more or less.
rhifl «ot contains £^WerecordedinVolumeI"1 a*e^more orless.tin"!"^J7"L is
j38
TO HAVE AND TO HOLD the above described easement and right-of-way,together with all and
singular the rights and appurtenances thereto in anywise belonging,including all necessary rights of
ingress,egress and regress,unto the said District,its successors and assigns,forever;and Grantor
does hereby bind itself,its swceiiors ^^
the said premises unto the said District,its successors and assigns,against every person whomsoever
lawfully claiming or to claim the same or any part thereof.The District may widen,straighten,clear
and improve waterwaysand ditcheslocated upon the above described premises,may excavate and dis
pose of soil,and may bring upon said described premises and operate thereon all necessary machinery
and equipment to efficiently prosecute the work.
Grantor reserves alloil,gas and other minerals in,on or under said premises,but waives all rights
of ingress and egress forthe purpose of exploring,developing,mining or drilling for the same;however,
nothing in this reservation shall prohibit or in any manner restrict the right of Grantor to develop the
premises for oil and gas,by directional drilling from a nearby site;provided,however,that nothing con
tained herein shall ever legally authorize Grantor ^^3 successors,assigns or.to remove sand,soil,gravel or ston?from said easement
ifPv^efcrS^J^out the prior writtenconsent and approval of the District;and provided further
that no rightsor privileges of Grantor in the above described property are to be used by Grantor
which would interfere with or abridge the rights granted herein to said District
The District shall have the right to cut and dispose of all trees,
brush or other natural growth within the easement area necessary in th<
operation of the equipment doing the work.
The District shall replace or re-establish such fences asit may
disturb.
EXECUTED this dav of '19 76
ATTEST.CITY OP BAYTOWN
By-
City Secretary Tom Gentry,Mayor
APPROVED:^^^
Form &Execution -^slatant County Attornef
res coo1
.10
THE STATE OP TEXAS,
County nt
SINGLE ACKNOWLEDGMENT
BEFORE ME,the undersigned,a Notary Public in an forsaid County and State,on this day personally appeared
know to me to be the person__whose
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the.
(L.S.)
therein expressed.
day of -A.D.19_
Notary Public in and for_-County,Texas
THE STATE OF TEXAS,
County o£
JOINT ACKNOWLEDGMENT
i
knowledged such Instrument to be her act and
deed,and she declared that she had willingly aigned the same forthe purposes and consideration there*
that she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the^
(L.S.)
of 19
Notary Public in and for_-County,Texas
THE STATE OF TEXAS,
County nf HARRIS
CORPORATE ACKNOWLEDGMENT
j
BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared
^^Or „,City of Bavtown
known to me to be the person and officer whose name Is subscribed to the foregoing instrument and acknowledged to
that the same was the act of aidrt City of BaytOWn me
a corporaUon.and that he executed the same as theact of such corporation for the purposes and consideration therein
expreased,and in the capacity therein Btated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this th«!
(I*S.)
day of AJ)1fl76..
Notary Public in and fnr Harris rmmty.Texas
-3 -