Ordinance No. 5,172890112 -3
ORDINANCE 5172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN EASEMENT ACROSS THE
REPUBLIC OF TEXAS PLAZA TO HOUSTON LIGHTING AND POWER
COMPANY; 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 and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an underground
easement across the Republic of Texas Plaza to Houston Lighting
and Power Company. A copy of said easement is attached hereto,
marked Exhibit "A," and made a part hereof 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 12th day of
January, 1989.
EMMETT O. HUTTO, Mayor
ATTEST:
EILEEN P. H LL, -C1 y Clerk
'RANDALL B. STRONG, City torney
C:1:23:1
EASEMENT
THE STATE OF TEXAS g
9 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS S
THAT, the City of Baytown, a municipal corporation, herein
called Grantor, for and in consideration of the sum of ONE DOLLAR
AND NO /100 ($1.00) CASH to Grantor paid by Houston Lighting and
Power Company, a Texas corporation, herein called Grantee, whose
principal address is P. 0. Box 1700, Houston, Texas 77251, has
GRANTED, SOLD and CONVEYED and by these presents does hereby
GRANT, SELL and CONVEY unto said Grantee, its successors and
assigns, an underground utility easement for electric
distribution facilities (consisting of all necessary and
desirable equipment and appurtenances) under and across the
following described lands, to -wit:
That certain 11.16 acre tract of land out of the H. E.
Gillette Survey, Abstract 297, in Harris County, Texas,
being that same property described in a deed from
Dorothy Murphy Walton to the City of Baytown, dated
July 29, 1982, and recorded under File H563708 and Film
Code 021 -97 -2323 of the Official Public Records of Real
Property of Harris County, Texas.
The easement herein granted is ten (10) feet wide, the
location of which is shown by the crosshatched area on
Sketch No. S88 -189, attached hereto and made a part
hereof.
The proposed electrical distribution facilities shall be
placed underground, and Grantee is not entitled to use the
surface, except Grantee shall have rights of ingress and egress
to and from said easement, together with reasonable working
space, for the purposes of installing, operating, maintaining,
replacing, inspecting, and removing said electric distribution
facilities, together with the additional right to remove from
said easement and land adjoining thereto, all bushes, trees and
parts thereof or other structures which, in the opinion of
Grantee, endanger or may interfere with the efficiency, safety
and proper operation and maintenance of said electric
distribution facilities.
TO HAVE AND TO HOLD the above described underground
easement, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto said Grantee,
its successors or assigns, forever, and Grantor does hereby bind
itself and its successors, heirs, assigns, and legal
representatives, to warrant and forever defend all and singular
the above described underground easement and rights unto said
Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part
thereof.
A
EXECUTED this the day of 1989.
CITY OF BAYTOWN
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
THE STATE OF TEXAS :
COUNTY OF HARRIS :
BEFORE ME, the undersigned authority, on this day personally
appeared EMMETT 0. HUTTO, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed, in the capacity stated, and as the act and
deed of the said City.
TO CERTIFY WHICH, witness my hand and seal of office this
the day of , 1989.
NOTARY SEAL Notary Public in and for the
State of Texas
RETURN TO:
CITY OF BAYTOWN
P. 0. BOX 424
BAYTOWN, TEXAS 77525
S:5 :5:3
Notary's Name Printed and
Commission Expiration Date
- 2 -
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