Ordinance No. 3,37820513 -3
ORDINANCE NO. 3378
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE
CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN EASEMENT FOR A GUY WIRE TO GENERAL TELEPHONE COMPANY
OF THE SOUTHWEST; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the Mayor and City Clerk of the
City of Baytown to execute and attest to an Easement for a guy
wire to General Telephone Company of the Southwest. A copy of
said Easement is attached hereto, marked as Exhibit "A ", and
made a part hereof for all intents and purposes.
Section 2: That this ordinance shall take effect from and
after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 13th day of
May , 1982.
• • Mayor
AT ST:
EILEEN P. HALL, City Clerk
ATTEST:
RANDALL B. STRONG, City Attorney
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EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS EXCHANGE Baytown
KNOW ALL MEN BY THESE PRESENTS: LOCATION CODE 5406
COUNTY OF HARRIS ORDER NO. 686932
That the City of Baytown, Texas, the Grantor, of the County of Harris and state
aforesaid, for and in consideration of the sum of ten dollars ($10.00), and other
valuable consideration to us in hand paid by General Telephone Company of the Southwest,
a Delaware corporation, P. 0. Box 899, League City, Texas 77573, the receipt and
sufficiency of which is hereby acknowledged and confessed, have this day granted and
conveyed and do, by these presents, grant and convey unto General Telephone Company
of the Soutwest, hereinafter called Grantee, its successors and assigns; an easement
and right of way for the purpose of construction, placement, maintenance, repair,
replacement and /or removal of one (1) down guy or anchor with guy wires, the approximate
location as shown by a 'dashed line' symbol on the attached sketch marked "Exhibit A ",
hereto attached and made a part hereof, said down guy being located over, under, upon
and across the following described land situated in Harris County, Texas, to wit:
Being an-approximate 4 acre tract of land located at the Northeast
corner of North Main and Wye Drive in the J.W. Singleton Survey A -709,
in Baytown, Harris County, Texas and being the same property described
in a deed conveying the property to the City of Baytown,.Texas as
recorded in the Deed Records of Harris County, Texas.
The Grantor recognizes the.- general course of said easement as above described,
is based upon preliminary survey only, and Grantor hereby agrees that the easement
hereby granted shall apply to the actual location of said facilities where constructed.
Grantor covenants for itself, its successors and assigns, not to construct, place,
maintain or permit the construction, placement or maintenance of any building or such
structure upon, over or across said easement.
Grantor grants to Grantee the right of ingress and egress over its adjacent
lands to or from said right -of -way for the purpose of inspecting, maintaining,
construction, replacing, repairing, and /or removing of said downguy or anchor
and guy wires attached thereto; and the right to cut or trim such trees and other
foliage, overhanging branches, roots, brush and other obstructions in the easement,
to the extent, in the sole judgment of Grantee as maybe necessary to prevent possible
interference with the operation of said facilities and /or equipment or to remove
possible hazard thereto.
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Grantor further covenants and agrees that no part of improvements constructed,
erected or placed on said land by Grantee shall be or become or considered as being
affixed to or a part of said realty and that all improvements of every kind and nature
constructed, erected or placed on said land or any part thereof by Grantee or its
Licensee, shall remain the property of the Grantee.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until such facilities shall be abandoned /or
removed.
And Grantor .does hereby bind itself, its 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.
EXECUTED this 18th day of May , 1982.
Attested: z4gz='_
S"e=� City Secretary P—,
THE STATE OF TEXAS
COUN'T'Y OF HARRIS
City€ Baytown, Texas i I
f Mayor
CERTIFICATE OF ACKNOI- TLEDGMENT FOR INDIVIDUALS
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared EMMETT 0 HUTTO _ ...Mayor
of the City of Baytown, Texas known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that h Q executed the same for the
purpose and consideration therein expressed in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 St day of �� 2 -,, AD, 1982.
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