Ordinance No. 4,46260522 -5
ORDINANCE NO. 4462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE UTILITY AND EASEMENT
DEDICATION BY OVERSEAS (SAN JACINTO) LTD.; REPEALING THE
ACCEPTANCE OF ANY INCONSISTENT TRACTS DESCRIBED IN
ORDINANCE NO. 4348; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, Overseas (San Jacinto) Ltd. dedicated various easements and the
utility lines within them to the City of Baytown, which dedication was accepted by
the City by Ordinance No. 4348; and
WHEREAS, Overseas (San Jacinto) Ltd. has determined there were some minor
discrepancies in the description of said easements, and wishes to dedicate the
property described herein as the corrected easements; and
WHEREAS, the City of Baytown desires to accept the correctly described
easements;
WHEREAS, Overseas (San Jacinto) Ltd. owns the tracts of land in the San
Jacinto Crossing Subdivision, which is located within the corporate limits of
Baytown, Harris County, Texas; and
WHEREAS, utilities within the subdivision have been constructed consistent
with the City of Baytown engineering standards; and
WHEREAS, Overseas (San Jacinto) Ltd. now desires to dedicate the said
easements for these utilities to the City of Baytown for public use; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City of Baytown formally accepts the utility and
easement dedication from Overseas (San Jacinto) Ltd., being the owner of that
property, said easements being described in Exhibit "A" and made a part hereof for
all intents and purposes.
Section 2: The dedication of any property which was described in Ordinance
No. 4348 and which is not described herein is hereby rejected, and Ordinance No.
4348 is repealed as to those tracts described in Ordinance 4348 and not described
herein.
Section 3: 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 22nd day of May, 1986.
pa VrLam : �-
ATTEST:
EILE N P. HALL, Cit Clerk
APPROVED:
Aw
'AANDALL B. STRONG, ��.
60522 -5a
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT Grantors, Overseas (San Jacinto) Ltd., a
Texas limited partnership, of the County of Harris, State
of Texas, for and in consideration of the sum of TEN AND
N01100 DOLLARS ($10.00) and other good and valuable consid-
eration paid by the Grantee herein named, the receipt of
which is hereby acknowledged have GRANTED, SOLD and CON-
VEYED and by these presents do hereby GRANT, SELL AND CON-
VEY to the City of Baytown, a municipal corporation located
in the County of Harris, State of Texas, its successors and
assigns, an underground utility easement across and under
the following described tracts of real property located in
Harris County, Texas.
That certain real property described
in and attached hereto to as Exhibit A, B,
C, D, E and F and incorporated herein by
reference for all purposes.
This agreement does not constitute a conveyance of
the above described land or of the minerals therein and
thereunder, but grants only a right -of -way and easement
subject to the following:
(a) After the construction of Grantee's utility
system and lines and also after any later operation done or
caused to be done by Grantee which affects Grantor's land
or any part thereof, Grantee shall promptly restore the
surface grade affected thereby to as nearly as practicable
the same condition it was prior to such operation.
(b) Grantee agrees to save and hold Grantor free
and harmless from and against any and all claims, demands,
or causes of action of whatever nature, asserted by others
which are caused by or arise in any manner out of acts or
omissions of Grantee in the use and occupancy of the ease-
meet by Grantee, its employees, or any other persons acting
under its control.
60522 -5b
(c) The easement shall be subject to all, if any,
instruments now of record in the appropriate records of
Harris County, Texas, relating to Grantor's tract.
TO HAVE AND TO HOLD the above described premises
together with all and singular the rights and appurtenances
thereto and in anywise belonging with rights of ingress and
egress to and from said easement for the purpose of con-
structing, inspecting, maintaining, repairing and removing
utility lines and structures unto the City of Baytown, its
successors and assigns forever; Grantors agree to bind
themselves, their successors and assigns to warrant and
forever defend the said easement unto the said City of
Baytown, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any
part thereof.
EXECUTED this / Tlday of ZL71,�._ , 1986.
GRANTOR:
OVERSEAS (SAN JACINTO), LTD.
BY: OVERSEAS PROPERTIES (TEXAS)
I�1� Genes 1 Partner
i
r
Its: ice Preside
THE STATE OF its` le' is
COUNTY OF
This instrument was acknowledged before me on the
- day of r ic- 1986, bye- ,4� r 6,�tR11Q,PJ i
Vice President of Overseas Properties (Texas) Inc., General
Partner of Overseas (San Jacinto) Ltd.
r H Lary Public in and for the
State of LC/0 Z4-
My commission expires:
AGREED TO AND ACCEPTED
THIS DAY OF
1986.
THE CITY OF BAYTOWN, a
municipal corporation
By:
Its:
-2-
60522 -5c
.EXHIBIT A
FIELD NOTES: SAN JACINTO CROSSING - 5 FOOT WATER LINE EASEMENT
BEING a 0.037 acre tract of land lying in the William C. and Charles
Boswell Survey, Abstract No.1562, Harris County, Texas, and being
a part of San Jacinto Crossing Subdivision, recorded in Volume 329,
Page 78, of the Map Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at the intersection of the East line of Parcel "F"
of said San Jacinto Crossing Subdivision, and the South right -
of -way line of Alamo Street, (based on 60 foot right -of -way),
and a point on curve to the left;
THENCE along said South right -of -way line of Alamo Street and
along the arc of said curve to the left having a radius of
1030.00 feet, a curvilinear distance of 150.38 feet to the
point of tangency;
THENCE North 79 028'58" East and continue along said South right -
of -way line of Alamo Street, a distance of 20.00 feet to a point;
THENCE South 10 031'02" East, a distance of 5.00 feet to a point;
THENCE South 79 °28'58" West, a distance of 20.00 feet to the
beginning of a curve to the right;
THENCE along the arc of said curve to the right having a radius
of 1035.00 feet, a curvilinear distance of 249.26 feet to the
point of tangency;
THENCE North 86 °43'06" West, a distance of 58.41 feet to a point
on curve to the right;
THENCE along the arc of said curve to the right having a radius
of 25.00 feet, a curvilinear distance of 16.09 feet to the point
of tangency;
1
L.
60522 -5d
Field Notes: San Jacinto Crossing - 5 Foot Water Line Easement
Page 2
THENCE South 86 043106" East, a distance of 43.41 feet to the
beginning of a curve to the left;
THENCE along the arc of said curve to the left, having a radius
of 1030.00 feet, a curvilinear distance of 97.69 feet to the
POINT OF BEGINNING and containing 1611.44 square feet or 0.037
acres of land more or less.
A. J Busch, Jr., SV . R G. 471
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....:...
A. J. BUSCH, JR.
-OG #471
0
A' F�!STEa .y
!�C SUR��
60522 -5e
EXHIBIT R
FIELD NOTES: SAN JACINTO CROSSING -10 FOOT STORM SEWER b WATER LINE ESM'T.
BEING a 0.281 acre tract of land lying in the William C. and Charles
Boswell Survey, Abstract No. 1562, and also the George Ellis League,
Abstract No. 21, Harris County, Texas, and being a part of San Jacinto
Crossing Subdivision, recorded in Volume 329, Page 78, of the Map re-
cords of Harris County, Texas, and being more particularly described
by metes and bounds as follows:
COMMENCING at the point of intersection of East right -of -way line
of Garth Road (based on 110 foot right -of -way), and the center-
line of Independence Blvd.,(based on 80 foot right -of -way);
THENCE North 83 °29'30" East along said centerline, a distance of
101.00 feet to a point;
THENCE South 06 °30'30" East, a distance of 40.00 feet to a point
on the South right -of -way line of said Independence Blvd. and the
POINT OF BEGINNING of the hereinafter described 10 foot Easement,
said point also being the beginning of a curve to the left;
THENCE along said South right -of -way line and the arc of said
curve to the left having a radius of 1440.00 feet, a curvilin-
ear distance of 100.75 feet to the point of tangency;
THENCE North 79 028'58" East, and continuing along said South
right -of -way line, a distance of 81.51 feet, to the beginning
of a curve to the left;
THENCE continuing along said South right -of -way line, and along
the arc of said curve to the left having a radius of 840.00 feet,
a curvilinear distance of 262.08 feet to the point of tangency;
THENCE North 61 036'25" East, and continuing along said South
right -of -way line, a distance of 50.00 feet, to the beginning of
a curve to the left;
THENCE continuing along said South right -of -way line, and along
the arc of said curve to the left having a radius of 1000.00 feet.
a curvilinear distance of 50.47 feet to the point of tangency;
THENCE North 58 042'54" East, and continuing along said South
right -of -way line, a distance of 147.74 feet,to the beginning of
a curve to the right;
60522 -5f
Field Notes: San Jacinto Crossing -10 Foot Storm Sever 5 Water Line Esm't.
Page 2
THENCE continuing along said South right -of -way line, and along
the arc of said curve to the right having a radius of 1000.00
feet, a curvilinear distance of 50.47 feet to the point of tan-
gency;
THENCE North 61 °36'25" East, and continuing along said South
right -of -way line, a distance of 50.00 feet to the beginning
of a curve to the left;
THENCE continuing along said South right -of -way line, and along
the are of said curve to the left, having a radius of 455.00
feet, a curvilinear distance of 410.93 feet to a point of re-
verse curvature;
THENCE along the arc of said curve, having a radius of 25.00
feet, a curvilinear distance of 23.18 feet to a point on curve;
THENCE South 09 °51'40" West, a distance of 20.00 feet to the
beginning of a curve to the right;
THENCE along the arc of said curve to the right having a radius
of 465.00 feet, a curvilinear distance of 419.96 feet to the
point of tangency;
THENCE South 61 036'25" West, a distance of 50.00 feet to the
beginning of a curve to the left;
THENCE along the arc of said curve to the left having a radius
of 990.00 feet, a curvilinear distance of 49.96 feet to the
point of tangency;
THENCE South 58 °42'54" West, a distance of 122.73 feet to a
point;
THENCE South 79 028'58" West, a distance of 1.30 feet to a point;
THENCE South 10 °30'15" East, a distance of 0.50 feet to a point;
THENCE South 58 °42'54" West, a distance of 23.62 feet to the be-
ginning of a curve to the right.
THENCE along the arc of said curve to the right having a radius
of 1010.00 feet, a curvilinear distance of 50.97 feet to the
point of tangency;
THENCE South 61 036'25" West, a distance of 50.00 feet to the
beginning of a curve to the right;
THENCE along the arc of said curve to the right having a radius
of 850.00 feet, a curvilinear distance of 265.20 feet to the
point of tangency;
60522 -5g
Field Notes: San Jacinto Crossing -10 Foot Storm Sewer b Water Line Esm't.
Page 3
THENCE South 19 028'58" West, a distance of 81.51 feet to the
beginning of a curve to the right;
THENCE along the arc of said curve to the right having a radius
of 1450.00 feet, a curvilinear distance of 101.45 feet to the
point of tangency;
THENCE North 06 030'30" West, a distance of 10.00 feet to the
POINT OF BEGINNING and containing 12,243.14 square feet or
0.281 acres of land more or less.
az��"
A. J. usch, Jr., SU . RE .471
.......................... T CUSCH, ary.
...........................
�' •Sub'
60522 -5h
EXHIBIT C
FIELD NOTES: SAN JACINTO CROSSING - 10 FOOT WATER LINE EASEMENT
BEING a 0.241 acre tract of land lying in the W.C.R.R. League, Abstract
No. 899, the William and Charles Boswell League, Abstract No. 1562, and
also the George Ellis League, Abstract No. 21, Harris County, Texas, and
being part of San Jacinto Crossing Subdivision, recorded in Volume 329,
Page 78 of the Map Records of Harris County, Texas; and being more
particularly described by metes and bounds as follows:
COMMENCING at the Northwest corner of Parcel "D" of said San Jacinto
Crossing Subdivision, said point also lying in the East Right -Of -Way
line of Garth Road and also being the POINT OF BEGINNING;
THENCE North 78 °19'09" East, along the North boundary of Parcel "D"
a distance of 171.0 feet to a point;
THENCE North 78 "38'00" East a distance of 876.50 feet to a point, said
point also lying in the.West Right -Of -Way of Independence Blvd. (based
on a 60 foot right -of -way);
THENCE South 11 04248" East along the West Right -Of -Way line of
Independence Blvd. a distance of 10.0 feet to a point;
THENCE South 78 °38'00" West a distance of 876.53 feet to a point;
THENCE South 78 °19'09" West a distance of 171.88 feet to a point, said
point also lying in the East Right -Of -Way of Garth Road;
THENCE North 6 °30'30" West along the East Right -Of -Way of Garth Road,
a distance of 10.04 feet to the POINT OF BEGINNING and containing
1Q,480 square feet or 0.241 acres of land more or less.
� � ,, 0,
A.J Busch, Jr., . REG. 471
AJB /db
All
.. ...
A 1. BUSCH, A. ]
�e SUP`
60522 -5i r7XHIBIT n
FIELD NOTES: SAN JACINTH CROSSING - 5 FOOT WATER LINE EASEMENT
BEING a 0.048 acre tract of land lying in the William C. and Charles
Boswell Survey, Abstract No. 1562, and also the George Ellis League,
Abstract No. 21, Harris County, Texas, and being a part of San Jacinto
Crossing Subdivision, recorded in Volume 329, Page 78, of the Map Re-
cords of Harris County, Texas; and being more particularly described
by metes and bounds as follows;
COMMENCING at the Northwest corner of Parcel "H" of said San
Jacinto Crossing Subdivision, said point also lying in the
East right -of -way line of Independence Blvd. (based on a 60
foot right -of -way);
THENCE South 11 042'48" East, along said East right -of -way line,
a distance of 70.00 feet to the POINT OF BEGINNING;
THENCE North 78 °17'12" East, a distance of 5.00 feet to a point;
THENCE South 11 042148" East, a distance of 338.45 feet to the
beginning of a curve to the right;
THENCE along the arc of.said curve to the right having a ra-
dius of 460.00 feet, a curvilinear distance of 82.25 feet to
a point on curve to the right;
THENCE along the are of said curve to the right having a radi-
us of 25.00 feet, a curvilinear distance of 15.69 feet to a
point of reverse curvature to the left;
THENCE along the aforementioned East right -of -way line of Inde-
pendence Blvd. and along the arc of said curve to the left hav-
ing a radius of 455.00 feet, a curvilinear distance of 66.83
feet to the point of tangency;
THENCE North 11 042'48" West and continuing along said East right -
of -way line, a distance of 338.45 feet to the POINT OF BEGINNING
and containing 2078.16 square feet or 0.048 acres of land more or
less.
CO
...A.J. c_;.'....
3e
A. . Busch, Jr UR. REG. 471 �C SU
60522 -5j
EXHIBIT E
FIELD NOTES: SAN JACINTO CROSSING - 10 FOOT SANITARY SEWER EASEMENT
BEING a 0.107 acre tract of land out of the William C. and Charles
Boswell Survey, Abstract No. 1562, Harris County, Texas and being
a part of San Jacinto Crossing Subdivision as recorded in Volume
329, Page 78 of the Hap Records of Harris County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at the Northeast corner of Parcel "C" of said San
Jacinto Crossing Subdivision, said point also being located
on the West right -of -way line of Independence Blvd. (based on
60 foot right -of -way);
THENCE South 11 042'48" East, along said West right -of -way, a
distance of 98.21 feet to the beginning of a curve to the
right;
THENCE along the arc of said curve to the right, and continuing
along said right -of -way line, having a radius of 395.00 feet,
a curvilinear distance of 60.00 feet to a point on curve and
the POINT OF BEGINNING;
THENCE continuing along.said curve to the right and along said
right -of -way line, having a radius of 395.00 feet, a curvilinear
distance of 445.47 feet to the point of tangency;
THENCE South 61 °36'25" West, and continuing along said right -
of -way line, a distance of 25.00 feet to a point;
THENCE North 28 °23'35" West, a distance of 10.00 feet to a point;
THENCE North 61 °36'25" East, a distance of 25.00 feet to the
beginning of a curve to the left;
THENCE along the are of said curve to the left having a radius
of 385.00 feet, a curvilinear distance of 434.20 feet to a point;
THENCE North 86 °59'23" East, a distance of 10.00 feet to the
POINT OF BEGINNING and containing 4648.34 square feet or 0.107
acres of land more or less.
..:.....................
A. J. BUSCH, JR.
....................
..a% x471
usch, Jr. , VJR. R'rG. 471 :��`'i6-
60522 -5k EXHIBIT F
FIELD NOTES: SAN JACINTO CROSSING - 20 FOOT STORM SEWER EASEMENT
BEING a 0.047 acre tract of land out of the William C. and Charles
Boswell Survey, Abstract No. 1562, and the George Ellis League,
Abstract No. 21, Harris County, Texas, and being a part of San
Jacinto Crossing Subdivision, recorded in Volume 329, Page 78, of
the Map Records of Harris County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at the point of intersection of the East right --of-
way line of Garth Road (based on 110 foot right -of -way) and
the centerline of Independence Boulevard (based on 80 foot
right -of -way) ;
THENCE North 83 029'30" East along said centerline a distance
of 101.00 feet to a point;
THENCE South 06 030'30" East a distance of 40.00 feet to a
point on the South right -of -way line of said Independence
Boulevard and the POINT OF BEGINNING of the hereinafter
described 20 foot Storm Sewer Easement;
THENCE South 06 030'30" East a distance of 10.00 feet to a
point;
THENCE North 83 °29130" East a distance of 2.61 feet to a
point;
THENCE South 62 °01'26" West a distance of 111.33 feet to a
point;
THENCE North 06 030'30" West a distance of 21.49 feet to a
point;
THENCE North 62 °01'26" East a distance of 79.94 feet to a
point;
THENCE North 83 °29'30" East a distance of 26.61 feet to the
POINT OF BEGINNING containing 2032.716 square feet or 0.047
acres of land more or less.
(A. OF BUSCH, JR.•:................
Busch, Jr. SU REG. 471 +471 o
60522 -51
CONSENT
SAN JACINTO CROSSING DEVELOPMENT, LTD., being the
owner and holder of that certain Promissory Note dated
December 31, 1985, executed by Overseas (San Jacinto) Ltd.
payable to the order of San Jacinto Crossing Development,
Ltd. in the original principal sum of $950,000.00, which
note is secured by that certain Deed of Trust and Security
Agreement from Overseas (San Jacinto) Ltd. to Douglas A.
Paisley II, Trustee, which was filed under File Number
K357056, Film Code Number 035 -75 -0993 of the Official
Public Records of Real Property of Harris County, Texas,
DOES HEREBY CONSENT to the granting of the foregoing ease-
ment to the CITY OF BAYTOWN, a municipal corporation, lo-
cated in Harris County, Texas and does hereby subordinate
the lien of the foregoing Deed of Trust, and all liens and
security interests securing payment of the indebtedness
evidenced by said note, to said easement.
EXECUTED this 3l day of
1986.
SAN JACINTO CROSSING
DEVELOPMENT, LTD.
.
B `\' .. \y
Y
Mundi Gilbert, General
Partner
TEST: By: San Jacinto Crossing, Ltd.,
General Partner
By: `�.. • \�
Mundi Gilbert,
General Partner
THE STATE OF Zook.,L)—
COUNTY OF ,��a/ §
This instrume t was acknowledged before me on this
'
the _, day of , 1986 by Mundi Gilbert,
General Partner of San Jacinto Crossing Development, Ltd.,
on behalf of the limited partnership.
Notary Public in and for
the State of
My commission expires:
60522 -5m
THE STATE OF
COUNTY OF y! §
This instrume t was acknowledged before me on this
the day of s�%a� 1986 by Mundi Gilbert,
General Partner of San Jacinto Crossing, Ltd., a general
partner'of San Jacinto Crossing Development, Ltd., a Texas
limited partnership, on behalf of said San Jacinto
Crossing, Ltd.
My commission expires:
Notary Public in nd for
the State of Q
-2-
60522 -50
CONSENT
GILL SAVINGS ASSOCIATION, being the owner and holder of
that certain Promissory Note dated December 31, 1985, executed by
Overseas (San Jacinto) Ltd, payable to the order of Gill Savings
Association in the original principal sum of $9,400,000, which
note is secured by that certain Deed of Trust, Security Agreement
and Financing Statement from Overseas (San Jacinto) Ltd, to Peter
Gill, Trustee, which was filed under File Number K357053, Film
Code Number 035 -75 -0967, of the Official Public Records of Real
Property of Harris County, Texas, and being refiled_ under File
Number K391553, Film Code Number 037 -76- -2433, of the Official
Public Records of Real Property of Harris County, Texas, DOES
HEREBY CONSENT to the granting of the foregoing easement to the
CITY OF BAYTOWN, a municipal corporation, located in Harris
County, Texas and does hereby subordinate the lien of the fore-
going Deed of Trust, and- all liens and security interests
securing payment of the indebtedness evidenced by said note, to
said easement.
EXECUTED this day of -_,
, 1986.
THE STATE OF TEXAS §
COUNTY OF §
GILL SAVINGS ASSOCIATION
BYy/
L=
This instrument was acknowledged before me on this the
day of , 1986 by
of Gill Savings_Association, a savings and loan association, on
behal& of said association.
Al"" 11MN,..
My
CARU14 /T
Sion Expires:
Notary Public in and for
the State of TEXAS
0�A`;E S --1A7C YK
tAy Ex. ;,—s
12- b9