Ordinance No. 5,616900913 -4
ORDINANCE NO. 5616
AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE
OF FUNDS FOR THE PURCHASE OF PROPERTY AND PAYMENT OF
TAXES AND ASSESSMENTS ON STAPLES DRIVE SEWER SYSTEM 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 sewer system located in the Staples Addition 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 13th day of
September, 1990.
,EMMETT 0. HUTTO , Mayor
ATTEST:
ILEEN'P. HALL, City Clerk
DALL B. TRONG, Cit Attorney
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THE STATE OF TEXAS {
{ BILL OF SALE
COUNTY OF HARRIS {
THAT, STAPLES DRIVE HOMEOWNERS' ASSOCIATION, Seller, of
Chambers County, Texas, in consideration of payment of the sum of
FIFTY -ONE THOUSAND ONE HUNDRED TWO AND 28/100 ($51,102.28)
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 sanitary sewer utility system presently serving the
Staples Drive Homeowners' Association, owned by Seller in
Chambers County, Texas, together with all real and personal
property utilized in the acquisition, pumping, and disposition of
waste water, including, but not limited to pumps, pipelines,
easements, structures, values, pump controls, and other fixtures
and equipment and the right and responsibility to serve sewer
customers in such subdivision. Such property is more fully
described in Exhibits I and II which are attached hereto and to
the Easement Assignment and incorporated herein for all purposes.
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 September 1, 1990.
IN WITNESS WHEREOF, this Bill of Sale is executed on this
the day of
THE STATE OF TEXAS {
{
COUNTY OF HARRIS {
1990.
STAPLES DRIVE HOMEOWNERS`
ASSOCIATION
BILLY AINSWORTH
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared BILLY
AINSWORTH, 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 STAPLES DRIVE HOMEOWNERS'
ASSOCIATION and that he executed the same as the act of such
association for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN under my hand and seal of office, this day of
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NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
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THE STATE OF TEXAS {
{ EASEMENT ASSIGNMENT
COUNTY OF HARRIS {
Assignment of Easement
1. That STAPLES DRIVE HOMEOWNERS' ASSOCIATION, 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 its rights, title and interest in and
to all easements and rights -of -way upon and across Staples Drive
Subdivision 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 sewer system of the Staples Drive
Subdivision is located as well as those places sewer pipes run to
various destinations of the above - described Subdivision and more
particularly described in Exhibit II 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 sewer service to
the Staples Drive Subdivision 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 it will not convey any
other easement or conflicting rights within the area covered by
this assignment.
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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
THE STATE OF TEXAS {
{
COUNTY OF HARRIS {
, 1990.
STAPLES DRIVE HOMEOWNERS'
ASSOCIATION
BILLY AINSWORTH
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared BILLY
AINSWORTH, 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 STAPLES DRIVE HOMEOWNERS'
ASSOCIATION, and that he executed the same as the act of such
association 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 sanitary sewer utility system presently
servicing Staples Drive Homeowner's Association, including, not
by way of limitation, the following: All interest in and to all
sanitary sewer mains and allied appurtenances; and all of the
sanitary sewer lift station and allied appurtenances; all as same
are presently located in each of the aforementioned easements,
public right -of -ways, and /or on land adjacent thereto.
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EXHIBIT II
STAPLES GRAVITY LINE EASEMENT
BEING a utility easement located in the Staples Addition of
Chambers County as platted in the Chambers County Deed Records,
Volume 18, Page 495, and being more particularly described as
follows:
BEGINNING at the southeast property corner of Lot 36 of Staples
Addition;
THENCE, northward along the east property line of Lot 36 a
distance of approximately 139.10 feet to the northeast property
corner of said lot;
THENCE, westward along the north property line of Lot 36 a
distance of 10 feet;
THENCE, southward along a line parallel to and 10 feet west of
the east property line of Lot 36 a distance of approximately 139
feet to its intersection with the south property line of said
lot;
THENCE, eastward along the south property line of said lot to the
POINT OF BEGINNING, and encompassing an area of approximately
1,390 square feet, more or less.
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