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Ordinance No. 2,2627707 ORDINANCE NO. 2262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONVEYANCE OF CATHODIC PROTECTION EASEMENTS UNDER, UPON, OVER, AND THROUGH LANDS OWNED BY THE CITY OF BAYTOWN AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST INSTRUMENTS GRANTING SUCH EASEMENTS TO UNITED TEXAS TRANSMISSION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, United Texas Transmission Company is in need of installing anode beds within the confines of an easement which it presently owns in the Brownwood Subdivision of the City of Baytown; and WHEREAS, the said United Texas Transmission Company deems that it would be advisable to extend its present easement to specifically provide for this use; and WHEREAS, the Tax Department of the City of Baytown has made appraisals of said desired cathodic protection easements and has determined that they have no value over and above the rights granted within the original easement; and WHEREAS, the City Council is of the opinion that the City should convey these easements to the said United Texas Transmission Company without consideration since they have no value; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown for the consideration herein set forth does hereby authorize the conveyance to United Texas Transmission Company of easements for the installation and maintenance of cathodic protection anodes through certain property owned by the City of Baytown and described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes. IN 7708 Section 2: That the Mayor is hereby authorized and directed to execute and the City Clerk to attest instruments granting such rights of way and pipeline easements. 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 this 14th day of July 1977. TOM GENTRY, Mayor ATTEST: EI EEN P. HALL, ity Clerk APPROVED: NEEL R H DSON, City Attorney -2- r CT -,,r C) T', 7 _ ��``./ \ ` �� Jet- 'St� �`� � _.n � - C71) Al (MI71) (1711, E X H I B I T "All w . 7 709 A __ �C ♦ c v.w�.r ♦ r �" 7'' �I"! v$tiYj �"�: < T r ' ..',t 4 - - .e ''7 / 1 Ur'� —'ate Y4 � -. � - `.: i' s'•' �., h .4.r{:L :tii:'Lti � ...... �:._.. It. .� .___ � �. .� t,'sS�'s:,...rt � ' STATE OF W COUNTY OF TEXAS HARRIS S X X KNOW ALL MEN BY THESE PRESENTS: X That for and in consideration of TEN AND NO 1100 DOLLARS and other valuable considerations ($10.00 & OVC ) to the undersigned (herein styled "Grantor ", whether one or more) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby grant and convey unto UNITED TEXAS TRANSMISSION COMPANY, a Texas corporation, (herein styled "Grantee "), its successors and assigns, a right of way and easement to construct, maintain, operate, repair and replace rectifiers, telegraph, telephone and power lines and appurtenances thereto, including the necessary poles, guy wires and anchors and to install and bury under the surface of the ground below plow depth, ground pipes at or near the location of said poles, and wires connecting said power line with said ground pipes and with any pipe lines of Grantee located on the following land, over, across, in and upon the following described lands situated in Harris County, State of Texas, to -wit: A tract of land thirty (30) feet in width across certain land owned by Grantor in the Nathaniel Lynch Survey, Abstract 44, Harris County, Texas. more fully described in the deed from Myra C. Brown to United Gas Pipe Line Company , dated March 18, 1952 and recorded in Volume 2408 Page 608 of the Deed Records of said County, to which reference is hereby made for further description. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as the rights and easements herein granted, or any of them shall be used by, or useful to, Grantee for the purposes herein granted, with ingress to and egress from the premises, for the purposes of constructing, inspecting, repairing, main- taining and replacing the property of Grantee herein described, and the removal of same at will, in whole or in part. The said Grantor is to fully use and enjoy the said premises, except for the purposes herein granted to the said Grantee, which hereby agrees to pay any damages which may arise to growing crops, fences or timber from the construction, maintenance and operation of said telegraph, telephone and power lines and ground 7 711 , pipes; said damages, if not mutually agreed upon, to be ascertained and determined by three disinterested persons, one thereof to be appointed by the said Grantor, one by the said Grantee and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. And Grantor does hereby bind himself, his heirs and legal representatives to warrant and forever defend, all and singular, the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is hereby understood that the parties securing this grant in behalf of Grantee are without authority to make any covenant or agreement_ not herein expressed. WITNESS the execution hereof on this the day of , 1977. WITNESSES: TILL STATE OF COUNTY OF ) ) Before nw, the undersigned authurity, a Notary Public in and for said COUJIL and State, on t;.is day per- sonally appeared , known to me to be the p(crson whore name_ __subscribed to the foregoing instrument, and acknowledged to me th"t —lie— executed the same for the purposes and consideration therein expressed. Given under my 'nand and seal of office on this the day of , A. D., 19 -Notary Public Seal THE STATE OF ) COUNTY OF ) in and for County, Texas Before me, the undersigned authority, a Notary Public in and for said County and State, iSn this day per- sonally appeared known to me to be the person whose name_ -- subscribed to the foregoing instrument, and acknowledged to me that ._._.he_ executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of A. D., 19 Seal THE STATE OF ) COUNTY OF ) rotary Public in and for County, Texas Before me, the undersigned authority, a Notary Public in and for said County and State, on this day per- sonally appeared , knoilin to me to be the person Whose name_. _— subscribed to the foregoing instrument, and acknowledged to me that _he— executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of A. D., 19 ' otary Public Seal in and for County, Texas i i ';, `� —•sa •ill• s•' a..l .{t;ry�.r�, •ti •Y a ^-1 ' n �- �. `' '.7T_•faiYF4 u °�. +� : jr ' 1S" "Ri g • r '�F�}": C