Ordinance No. 14,109ORDINANCE NO. 14,109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FORCE
MAIN EASEMENT INVOLVING 2.6138 ACRES TO HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 213-A; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute a force main easement to Harris County Municipal Utility District
No. 213-A, involving 2.6138 acres of land. A copy of said grant is attached hereto as Exhibit
"A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately 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 the 271h day of June, 2019.
BRANDON CAPETILLO, Ma or
AT T ST:
LETICIA BRYSCH, C`Ny Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, S City Attorney
R: Karen Files City Council Ordinances 2019Uune 27\ForceMainEasement2HanisCountyMunicipalUtilityDistrictNo213-A.doc
Exhibit "A"
20' FORCE MAIN EASEMENT
(2.3230 and 0.2908 Acre Tracts)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule city of the
State of Texas (hereinafter called "Grantor"), for Ten and No/100 Dollars and other good and
valuable consideration paid by HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
213-A, a governmental entity and a political subdivision of the State of Texas ("Grantee"), whose
address is c/o Coats I Rose, P.C., 9 Greenway Plaza, Suite 1000, Houston, Texas 77046, the receipt
and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto said Grantee, its
successor and assigns, a non-exclusive easement over the tracts of land owned by Grantor which are
more particularly described in the exhibits attached hereto and made a part hereof for all purposes
and hereinafter collectively referred to as the "Easement Tract" whether one or more:
(i) That certain approximately 2.3230 acre tract of land described in the attached Exhibit
"A"; and
(ii) That certain approximately 0.2908 acre tract of land described in the attached Exhibit
"B„
The easement hereby granted shall be used only for the purposes of constructing, repairing,
maintaining, re -constructing and operating a sanitary sewer force main and related appurtenances and
facilities (the "Facilities"). Subject to the further provisions hereof, Grantee, its agents, employees,
workmen and representatives, shall have the right and privilege of ingress and egress across the
Easement Tract as may be necessary to construct, repair, maintain, re -construct and operate such
utility facilities.
It is expressly understood and agreed by and between the parties that this easement shall be
subject to and governed by the following provisions:
(1) The easement, rights and privileges granted herein are non-exclusive, and the Grantor
reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably
interfere with the easement rights hereby granted.
015633.000001 4839-5571-6986A
(2) The easement, rights and privileges herein granted shall be perpetual or for so long as
Grantee shall utilize the Easement for the purposes intended; however, notwithstanding anything
herein to the contrary, this easement shall automatically terminate on the date that the Facilities are
accepted by the Grantor for maintenance. .
(3) During or immediately after any work on the Easement Tract pursuant to the rights
granted hereby, the party performing such activities, at its sole cost and expense, shall take all
reasonable measures to restore the grounds, surfacing materials, and other facilities of the owner of
the Easement Tract, including landscaping and fences situated on the Easement Tract, to the
condition which existed prior to such operations.
(4) The easement, rights and privileges herein granted shall be subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights -of -way
and easements of record, including all laws, regulations, and restrictions by municipal or other
governmental authority applicable to and enforceable against the Easement Tract.
(5) Grantor excludes and excepts any warranties, express or implied, regarding the
Property, including, without limitation, any warranties arising by common law or Section 5.023 of
the Texas Property Code or its successor.
TO HAVE AND TO HOLD the above described easement for the said purposes, together
with all and singular, the rights, privileges, and appurtenances thereto as described above in anywise
belonging to the said Grantee without warranty of any kind, subject to the limitations, conditions and
restrictions set forth hereinabove.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
015633.0000014839-5571-6986.0
2018.
IN WITNESS WHEREOF, this instrument is executed this day of
GRANTOR:
THE CITY OF BAYTOWN, TEXAS
By:
ATTEST:
By:
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of , 2018, by
and ofthe
City of Baytown, on behalf of said city.
Notary Public in and for
the State of
(SEAL)
After recording, return to:
Sam Johnson
Coats' Rose, P.C.
9 Greenway Plaza, Suite 1000
Houston, Texas 77046
015633.000001 4839-5571-6986.v3
EXHIBIT "A"
HCMUD No. 213-A
20' Force Main Easement
2.323 Acres
STATE OF TEXAS
COUNTY OF HARRIS
Talcott Patching Survey
Abstract No. 620
A METES & BOUNDS description of a certain 2.323 acre tract of land situated In the Talcott Patching
Survey, Abstract No. 620, in Harris County, Texas, being out of a called 16.082 acre tract of land
conveyed to City of Baytown recorded in Clerk's File No. R267638, described In J554985 of the Harris
County Official Public Records of Real Property as shown as the "Retention Reservolro on Eastpoint
Subdivision Section 1, partial replat recorded in Volume 319, Page 95 of the Harris County Map Records;
said 2.323 acre tract being more particularly described as follows with all bearings being based on the
Texas Coordinate System of 1983, South Central Zone;
BEGINNING at a found 3/44nch iron rod at the northwest comer of said 16.082 acre tract, common with
the southwest comer of a called 1.256 acre tract of land conveyed to Eastpoint Community Association,
Inc. recorded in Clerk's File No. N878277 of the Harris County Official Public Records of Real Properly, as
shown as the "Recreation Area" on said Eastpoint Subdivision plat, being in the east line of a called
7.960 acres conveyed to Houston lighting and Power recorded in Volume 3058, Page 376 of the Harris
County Deed Records;
THENCE, North 79007'01" East, along the northerly line of said 16 082 acre tract, common with the
southerly line of said 1.2S6 acre tract, 20.01 feet to a point for comer, from which a found 3/4-Inch Iron
rod for the northeast corner of said 16.082 acre tract bears North 79'07'01" East,120,05 feet;
THENCE, South 12-33'23" East, 5049.63 feet to a point for corner in the southerly line of said 16.082
acre tract, common with the northerly line of a called 0.6707 acre tract of land conveyed the City of
Baytown recorded in Clerk's File No. R267638, described in J554986 of the Harris County Official Public
Records of Real Property;
THENCE, South 35°52'33" West, along the southerly line of said 16082 acre tract, common with the
northerly line of said 0.6707 acre tract, 26.73 feet to the southwest corner of said 16.082 acre tract;
common with the northwest corner of said 0 6707 acre tract, being In the easterly line of a called 150'
right-ofway to Houston Lighting and Power recorded in Volume 7001, Page 308 of the Harris County
Deed Records;
THENCE, North 12'33'23" West, along the westerly Itne of said 16.082 acre tract, common with the
easterly line of said 150' right-of-way and the aforementioned 7.960 acre tract, 5067.96 feet to the
POINT OF BEGINNING, CONTAINING 2.323 acre of land in Harris County, Texas, as shown on Drawing
No. 12684 in the office of Jones)Carter in Bellaire, Texas
P
A pi�TER +
JoneslCarter
6330 West Loop South, Suite 150 Acting By/Through Jeromy Alvin Chandler
Bellaire, Texas 77401 Registered Professional Land Surveyor • • •
(713) 777-5337 No. 5755 ��j►0 S78d �r"Q
? Boardof4'vfkmio:wlta„JSumeyind CChandler@jonescarter.com 'Py� E$� ! -tb
Regustmtton %o 10046100 $11 R
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20' FORCE MAIN ESMT
2.323 ACRES
EXHIBIT
OF A
20' FORCE MAIN EASEMENT
BEING
2323 ACRES
OUT OF THE
TALCOTT PATCHING SURVEY. A420
HARRIS COUNTY, TEXAS
NOVEYBER 2018
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HARRIS C"TY DEED RECORDS
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R1-00R05 OF REAL PROPERTY
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NO
NUMBER
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PACE
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POItr OF BEGiNmNO
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VOL
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1 BEAR1Nc
DISTANCE
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SEC. 1, PARAAL REPLA r
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System of
1993. South Controlt'�te�
x c� Q 'Cp �1 2. A Mates A BovWs dewlptlan of tbla
2 03 �1 troet 6 available to the office of
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1 � a V ` ors on
The atreoge totds as sfwan beteon
11b.
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1 � t ciowto of the coweee and dlstawlls
fbc rotod on thts survey. It does not
1 include the tolerances that moy be
ue present dto poellan oaurocy of
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SCALE* 1' - too. 1 nar.a,
EXHIBIT "B"
HCMUD No. 213•A
20' Force Main Easement
0.2908 Acre
STATE OF TEXAS
COUNTY OF HARRIS
Talcott Patching Survey
Abstract No 620
A METES & BOUNDS description of a certain 0.2908 acre tract of land situated in the Talcott Patching
Survey, Abstract No. 620, in Harris County, Texas, being out of a called 0.6707 acre tract of land
conveyed to City of Baytown recorded in Clerk's File No- R267638, described in J554986 of the Harris
County Official Public Records of Real Property, also being a portion of Eastpomt Subdivision Section 1,
partial replat recorded in Volume 319, Page 95 of the Harris County Map Records; said 0.2908 acre tract
being more particularly described as follows with all bearings being based on the Texas Coordinate
System of 1983, South Central Zone,
COMMENCING at a found 3/4-inch iron rod at the northwest corner of a called 16.082 tract of land
conveyed to City of Baytown recorded in Clerk's File No. R267638, described in J554985 of the Harris
County Official Public Records of Real Property, common with the southwest corner of a called 1-256
acre tract of land conveyed to Eastpoint Community Association, Inc. recorded in Clerk's File No
N878277 of the Harris County Official Public Records of Real Property, as shown as the "Recreation
Area" on said Eastpoint Subdivision plat, being in the east line of a called 7.960 acre tract of land
conveyed to Houston Lighting and Power recorded in Volume 3058, Page 376 of the Harris County Deed
Records, from which a found 3/4-inch iron rod for the northeast corner of said 16.082 acre tract bears
North 79'07'01" East, 140.06 feet;
THENCE, South 12'33'23" East, along the along the westerly line of said 16.082 acre tract, common with
the easterly line of said 7.960 acre tract and a called 150' right-of-way to Houston Lighting and Power
recorded in Volume 7001, Page 308 of the Harris County Deed Records, 5067.96 feet to the southwest
corner of said 16.082 acre tract, common with the northwest corner of said 0.6707 acre tract;
THENCE, North 35'52'33" East, along the southerly line of said 16.082 acre tract. common with the
northerly line of said 0.6707 acre tract, 5.78 feet to the POINT OF BEGINNING of the herein described
tract;
THENCE, North 35'52'33" East, along said common line, 20.04 feet to a point for corner;
THENCE, South 57'33'23" East, 29.26 feet to a point for corner,
THENCE, South 12'33'19" East, 89.71 feet to a point for corner;
THENCE, South 32'26'41" West, 28.28 feet to a point for corner;
THENCE, South 12'33'23" East, passing an easterly interior corner of said 0.6707 acre tract, common
with the westernmost northwest corner of a called 1.866 acre tract of land conveyed to Schweitzer Simi,
LLC by Special Warranty Deed recorded in Clerk's File No. RP-2016-269977 of the Harris County Official
Pubic Record of Real Property, now along the an easterly line of said 0.6707 acre tract, common with the
westerly line of said 1-866 acre tract, in all a total distance of 493.97 feet to the southeast corner of said
0.6707 acre tract, common with the southwest corner of said 1.866 acre tract, being in the northerly
right-of-way line of Interstate Highway 10;
Page 1 of 2
015633.000001 4839-5571-6986.0
HCMUD No. 213-A
20' Force Main Easement
0.2908 Acre
Talcott Patching Survey
Abstract No. 620
THENCE, South 78'04'20" West, along the southerly line of said 0.6707 acre tract, common with said
northerly right-of-way line, 20.00 feet to a found 3/4-Inch iron rod at the southwest corner of said
0.6707 acre tract, being in the easterly line of the aforementioned 150' right-of-way;
THENCE, North 12'33'23" West, along the westerly line of said 0.6707 acre tract, common with the
easterly line of said 150' nght-of-way, 502,03 feet to a point for corner;
THENCE, North 32'26'41" East, 28.28 feet to a point for corner;
THENCE, North 12'33'19" West, 73.14 feet to a point for corner,
THENCE, North 57'33'23" West, 22.17 feet to the POINT OF BEGINNING, CONTAINING 0-2908 acre of
land in Harris County, Texas, as shown on Drawing No. 12690 in the office of JoneslCarter in Bellaire,
Texas.
JoneslCarter 1 D• /?
6330 West Loop South, Suite 150 - cl -Wng §y/Through leromy Alvin Chandler
Bellaire, Texas 77401 Registered Professional Land Surveyor
(713) 777-5337 No. 57SS
?owBoardofT f=owlLandS+rnay+ng JChandler@jonescarter.com
4,Fgistration .No. 10046100
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CALLED 1.256 ACRES
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0.2908 ACRE
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EXHIBIT
W FORCE MAIN
EASEMENT
BEING
02908 ACRE
OUT OF THE
TALCOTT PATCHINQ SURVEY, A-620
ARRIS COUNTY, TEXAS
NOVEMBER 2018
0
JONESICARTER
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General Note!
CLERKS FILE NORTH
EASEMENT SCALE 1 e 100'
FOUND
HARMS COUNTY DEED RECORDS
HARRIS COUNTY MAP RECORDS
HARRIS COUNTY OFFICIAL PUBUC
RECORDS OF REAL PROPERTY
IRON ROD
NUMBER
PAGE
POINT OF BECW4NO
POINT OF COMMENCING
RIGHT OF WAY
VOLUME
1 Bearings drown hereen are bond on the Texas Coordinate Syst
of 1983. South Central Zone,
2 A Metes R Bounds description of this tract to ardbWe In the
off" of JoneoCarter in Betake, Texas
3. The oasoge totals as shown hereon we based on the
mothemotkal closure of the courses and distance, reflected on
this surrey. It does not Include the tolerances that may be
present due to position accuracy of the boundary monuments
shown hereon. _
i011T ALVIN CHFWOLE
EAs7PO/NT SUBDIVISION.
SEC. 1, PARAAL REPLAT
bt'C JF9. PC 95 CMR
CALLED 0.6707 ACRES
CITY OF BAYTOWN
CF Na R267636
I DESCRIBED IN
LY- Na J5549M
1 HLY4°RRP ---
EAs7POINT SUBDIVISIA
RESERVE 1 "
SEC I PARAAL REPLA
VOL 319, PC 95
HOW
�1 1 EAS7P0YNT sUBDIVISYON.
RESERVE 10
— sEG I
x> PARAAL REPLAT
I'a. 31IC11/R 95
��
Z1
0
— STATE H GHWAY 10
IN
VS
J/4' IR
11ASYiiA'Anf1mmift3RMS57X4""s vXV Na I6029-0010-00
LINE
BEARING
DISTANCE
Ll
N 9O7 01 E
140 08
L2
S I T33 23 E
5067 96
L3
N 3552 33 E
5.78
L4
M 3552 33 E
20.04
L5
S 5T 23 E
29 28
L6
S 12'3319 E
89 71
L7
S 3176 41 W
LS
S 12'33 2 E
493.9
L9
S 78V4 20 W
2000
L10
N 12'33 23 W
I 502.03
L11
N 32'28 4t E
28.28
L12
R 1 1
7.4
L13
N 57'33 23' W
22.1
015633.000001 4839-5571-6986A