Ordinance No. 5,587900726 -1
ORDINANCE NO. 5587
AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE
OF FUNDS FOR THE PURCHASE OF PROPERTY AND PAYMENT OF
TAXES AND ASSESSMENTS ON A WATER AND SEWER SYSTEM IN
PINEHURST SUBDIVISION IN CHAMBERS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas,
hereby authorizes and approves the expenditure of funds for the
purchase of property and payment of taxes and assessments on a
certain water and sewer system in Pinehurst Subdivision in
Chambers County, Texas, as set forth on Exhibit "A" and "B"
attached hereto and made a part hereof by reference for all
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 26th day of July,
1990.
ATTEST:
ILEEN P BALL,�C ty Clerk
P"j�Y�9�
ttANDALL B. STRONG, 50Y Attorney
C:1:49:1
THE STATE OF TEXAS {
{ BILL OF SALE
COUNTY OF HARRIS {
THAT, PINEHURST UTILITIES, INC., Seller, of Harris County,
Texas, in consideration of payment of the sum of
, DOLLARS, receipt of payment is
hereby ACKNOWLEDGED, does hereby sell and transfer to the City of
Baytown, of Harris and Chambers Counties, Texas, its successors
and assigns, all the certain private water and sanitary sewer
utility systems presently serving Pinehurst Subdivision,
Pinehurst Subdivision, Section Two and the DeBruhl Subdivision
and commonly known and described as "Pinehurst Utilities," owned
by Seller in Chambers County, Texas, together with all real and
personal property utilized in the acquisition, pumping,
treatment, storage and distribution of water and acquisition,
pumping, treatment, storage and disposition of waste water,
including, but not limited to water wells, pumps, tanks,
pipelines, easements, buildings, structures, values, meters,
meter boxes, chlorination equipment, air compressor, pump
controls, blowers, flow measuring device and sewer plants, and
other fixtures and equipment and the right and responsibility to
serve water customers in such subdivisions under any Certificate
of Convenience and Necessity whatsoever. Such property is more
fully described in Exhibits I, II, III and Iv which are attached
hereto and to the Easement Assignment and incorporated herein for
all purposes. Seller also agrees to transfer to the City of
Baytown all water and sewer tap fees paid or receivable since
June 1, 1990, and all meter deposits. Seller is to transfer all
revenues for the months of June and July, current customer
EX 11 M"'I' A
r
delinquent or receivable accounts and receive $1.25 credit for
each account for billing per month for June and July.
Seller warrants that he is the lawful owner in every respect
of all of the described property and that it is free and clear of
all liens, security agreements, encumbrances, claims, demands,
and charges of every kind whatsoever. Seller further warrants
the payment of all property taxes for such property whether real
or personal including prorations through 1990, at the time of the
sale.
Buyer binds Seller, his successors and assigns, to warrant
and defend the title to all of the described property to Buyer,
its successors and assigns, forever against every person lawfully
claiming the described property or any part if it.
This Bill of Sale shall be effective as to the transfer of
all property listed in it as of August 1, 1990.
the
IN WITNESS WHEREOF, this Bill of Sale is executed on this
day of
1990.
PINEHURST UTILITIES, INC.
CHACKO THOMAS, President
THE STATE OF TEXAS {
{
COUNTY OF HARRIS {
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared CHACKO THOMAS,
known to be the person and officer whose name is subscribed to
the foregoing instrument and acknowledged to me that the same was
the act of said PINEHURST UTILITIES, INC., and that he executed
the same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN under my hand and seal of office, this day of
, 19
5:5:30:6
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
THE STATE OF TEXAS {
{ EASEMENT ASSIGNMENT
COUNTY OF HARRIS {
Assignment of Easement
1. That PINEHURST UTILITIES, INC., hereinafter called
Assignor for a good and valuable consideration, paid by the City
of Baytown, hereinafter called Assignee, does hereby assign unto
Assignee all of my rights, title and interest in and to all
easements and rights -of -way upon and across Pinehurst, Pinehurst,
Section Two and the DeBruhl Subdivisions, of Chambers County,
Texas:
Character of Easement
2. The easement assigned herein is an easement in gross.
3. The easement and right -of -way hereby conveyed shall be
the area in which the water well, storage tank and sewer system
of the Pinehurst, Pinehurst, Section Two, and the DeBruhl
Subdivisions are located as well as those places water and sewer
pipes run to various destinations of the above - described
Subdivisions and more particularly described in Exhibits II, III
and IV attached hereto and incorporated herein.
Purpose of Easement
4. The right -of -way, easement, rights, and privileges
herein granted shall be used for the purpose of delivering water
by way of a water system and sewer service to the residents of
Pinehurst, Pinehurst, Section 2 and the DeBruhl Subdivisions of
Chambers County, Texas.
Duration of Easement
• 5. The easement, rights, and privileges herein assigned
shall be perpetual.
Exclusiveness of Easement
6. The easement, rights and privileges assigned herein are
exclusive, and Assignor covenants that he will not convey any
other easement or conflicting rights within the area covered by
this assignment.
Entire Agreement
7. This instrument contains the entire agreement between
the parties relating to the rights herein assigned and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force and
effect excepting a subsequent modification in writing, signed by
the party to be charged.
Attorney's Fees
8. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing
party shall be entitled to recover from the losing party
reasonable expenses, attorney's fees, and costs.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1990.
PINEHURST UTILITIES, INC.
CHACKO THOMAS, President
THE STATE OF TEXAS {
{
• COUNTY OF HARRIS {
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared CHACKO THOMAS,
known to be the person and officer whose name is subscribed to
the foregoing instrument and acknowledged to me that the same was
the act of said PINEHURST UTILITIES, INC., and that he executed
the same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN under my hand and seal of office, this day of
19
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NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
EXHIBIT "I"
All that certain private water and sanitary sewer utility system
presently servicing Pinehurst Subdivision, Pinehurst Subdivision,
Section Two, and DeBruhl Subdivision and commonly known and
described as " Pinehurst Utilities," including, not by way of
limitation, the following: All interest in and to all water
mains and allied appurtenances; all sanitary sewer mains and
allied appurtenances; all water wells, pumps, tanks and allied
appurtenances; and all of the sanitary sewer treatment system,
tanks and allied appurtenances, all as same are presently located
in each of the aforementioned three subdivisions and /or on land
adjacent thereto, all as described as follows:
WATER PLANT
One (1) 140,000 gal. steel Storage Tank
One (1) 10,000 gal. steel Pressure Tank
Two (2) 15.HP Booster Pump
Two (2) 15 HP Water Well Pump
One (1) Chlorine Injector
One (1) Chlorine Weighing Scale
One (1) 2 HP Air Compressor
Four (4) Pump Control
Two (2) 6" Cased Water Wells
SEWER PLANT
Two (2) Davco 150,000 gal. capacity Sewer Plant
Two (2) Chlorine Injector
One (1) Intra -Sonic Flow Measuring Device
Two (2) Hydromatic Lift Pump
Four (4) 15 HP Blower
Two (2) Electric Control Panel
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F-YHIBIT II
TRACT I
BEING a tract or parcel of lcand out of the William Bloodgood Augmenta-
tion, N)stract Dumber 5, in Chanters County, Texas, and being a part of
Reserve "n" of Pinehurst Subdivision, a Uibdivision in Chambers County,
Texas, according to the map or plat rcc:ordcd in Vol.uma "B" at Page 60 of the
:lap Records of Chambers County, TLxcis, and boicic3 unrc� particularly described
by metes and bounds as follows, to-wit:
BEGINNING at the Northwest corner of the abovfm- nnt:ioned Reserve "B" as
reflected by such plat, same being situated in the intersection of the East
right -of -way line of a 250 foot Houston Lighting and Parer Company Easement
with the South right --of --gray line of Pinehurst Drive for POINT OF LIMI11NING of
tract herein described;
7ENCE South 70 deg. 54 min. 17 sec'. East with the South right- of-way
line of Pinehurst Drive a distance of 126.33 feet to a point for 'Northeast
corner of tract herein descriY�d;
T1iENCE South 11 dL..j. 07 rrd n. 55 sec. Vest i.ntnrsecting the corner of a
chain link fence at 70.99 feet and continuing along such chain link fence a
total distance of 131.18 feet to a point for Southeast comer of tract herein
described;
TUENCT North 79 deg. 00 min. 11 sec. [Vest with a chain link fence line a
distance of 59.80 feet to a point situated in t -ho Fist line of said Houston
Lighting and Power Company 250 Foot Easc -ment for SoutF::est corner of tract
herein described;
TIM'CE North 12 deg. 33 min. 51 sec. West with the Fast line of Houston
Lighting and Power Company 250 foot Easement a distance of 162.x2 feet to the
Northwest corner and POINT OF BEGINNING of tract herein described, and
enclosing a tract or Parcel of laud containing 12,660 square feet or 0.2906
acres, more or less.
EXHIBIT III
TPA(7r II
BEIM., a tract or parcel of lend out of the William Bloodgood Aucpnenta-
t_ion, Pbstract limber 5, in Clkmix�rs County, Texas, and being a part of
Reserve "C" of Pinehurst Subdivision, a subdivision in ChaiTwrs County,
Tomas, according to the map or plat Lhernof recorded in Volute "B" at Page 60
of the Map Records of Chsidxars County, Texas, and being more particularly
(I!Eic:ribcd by notes and bounds as follcngs, Lo --wit:
03STMING at the Southeast corner of the ahovemntioned Reserve "C"
according to the afo enientioned plat;
"111 --ECE South 77 deg. 29 min. 03 sec. West along the South line of said
L�crre "C" a distance of 72.63 feet to Southeast corner and POINT OF
MR-I1ING of tract herein described, same being the intersection of the West
ririht- of. -,,,ay line of Bayou Vista Drive with the South line of said
Rasr-, rve "C" ;
Tl"F-• ;CE continuing South 77 deg. 29 min. 03 sec. west with the South line
of Pinehurst Subdivision, same tieing the North line of the Replat of
Pinehuirst Subdivision, Section Two, a subdivision in Chambers County, Texas,
according to the map or plat recorded in Volume "A" at Page 78 of the Map
Records of Chambers County, Texas, a distance of 205.13 feet to a point for
Southwest corner of tract herein described;
North 12 deg. 30 min. 57 sec. [•'est over and across abovementioned
Per-erve "C" a distance of 42.03 feet to a point for the Northwest corner of
tract herein described;
=N''CE Forth 77 deg. 29 min. 03 sec. cast over and across the
`1mvementioned Reserve "C" a distance of 216.76 feet to a point situated in
t )e 4:n5t right -of -way line of Dayou Vista Drive, same being the Northeast
corner of tract herein described;
'1'IMMCE South 02 deg. 56 min. 45 sec. West with the West right- cf-way
Line of Aayou Vista Drive a distance of 43.61 feet to the POINT OF BEGINNING
and enclosing a tract or parcel of land containing 8,866 square feet or
0.2035 acres, more or less.
C
EXHIBIT IV
TRAC-7 IV
BEING a tract or parcel of� land out of the Jacob ]Irmstronq Survey,
Phstract Punber 2, in Chambers County, Texas, and being wore particularly
doscr l-�cd by metes Lind hounds as follmis, to -wit:
BL•'G1t11ING at the most Northerly northwest corner of the Replat of
Pinnhurst Subdivision, Section Two, a subdivision in Chambers County, Texas,
according to the map or plat Lhcreof recorded in volunp- "A" at Page 78 of the
Flap Records of Chambers County, Texas, said point situated in the
intersection of the West right-- of�•ray line of Bayou Vista Drive with the
South line of Pinehurst Subdivision, a subdivision in Chambers County, Texas,
according to aup or plat thereof recorded in Volume "B" at Page 60 of the Map
Records of Chi- .tubers County, Texas, for POINT OF BDGINNING of tract herein
Cescril:cfi;
`!'IIINCE Southerly along the West right- of-way line of Bayou Vista Drive
fol].cwing a curve to the left having a radius of 287.82 feet, a curvilinear
distance of 77.67 feet to the point of tangency of said cu=e;
1iiLI:CE South 120 30' 57" East continuing along the S -.est right- of -viay
line of Bayou Vista Drive a distance of 17.73 feet to a 1/2 inch iron rod
(narking the Southeast corner of the herein described tract;
'iIIT.NCE South 771 29' 03" West a distance of 1901.71 feet to a 1/2 inch
iron rcd i',arking the Southwest corner of the herein described tract;
T1IENCE North 12° 30' 57" West a distance of 94.46 feet, more or less, to
a 1/2 inch iron rod set in the South Line of Reserve "C" of Pinehurst
Subdivision L, sham on the aforesaid r,ap for the Northwest corner of the
herein described tract;
'_"I =C,: Riorth 770 29' 03" East along the South line of said Reserve "C"
of Pinehurst Subdivision a distance of 205.13 feet, more or less, to the
POINT CF BEGrFNING and enclosing a tract of land containing 0.4283 acres of
land, more or less.
6cq
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