Ordinance No. 5,689901.108 -5
ORDINANCE X10. 5689
AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE
OF FUNDS FOR THE PURCHASE OF PROPERTY AND PAYMENT OF
TAXES AND ASSESSMENTS ON A WATER SYSTEM IN JULIE ANN
is VILLA 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 system in Julie Ann Villa 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 8th day of
November, 1990.
ATTEST:
E LEEN P. HALL Cit y
i erk
ZANDALL B. STRONG, Cit ttorney
C:1:57:7
0
ETT 0. HUTTO, Mayor
•
THE STATE OF TEXAS {
{ BILL OF SALE
COUNTY OF HARRIS {
THAT, VILLA UTILITIES, INC., Seller, of Harris County,
Texas, in consideration of payment of the sum of FORTY THOUSAND
AND N01100 ($40,000.00) 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 utility system
presently serving Julie Ann Villa Subdivision and commonly known
and described as "Villa Utilities," owned by Seller in Chambers
County, Texas, together with all real property utilized in the
acquisition and distribution of water including, but not limited
to water wells, pipelines, easements, fences, buildings,
structures, values, meters and meter boxes, 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 and II which
are attached hereto and to the Easement Assignment and
incorporated herein for all purposes. Seller agrees to transfer
to the City of Baytown all meter deposits and current customer
delinquent or receivable accounts. 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.
w X,1m
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.
IN WITNESS WHEREOF, this Bill of Sale is executed on this
the day of , 1990.
VILLA UTILITIES, INC.
NORMAN BARNETT, 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 NORMAN BARNETT,
President, known to be the person and officer whose name i.s
subscribed to the foregoing instrument and acknowledged to me
that the same was the act of said VILLA 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
5:5:30:16
0
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
THE STATE OF TEXAS f
{ EASEMENT ASSIGNMENT
COUNTY OF HARRIS {
Assignment of Easement
1. That VILLA 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 Julie Ann Villa
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 water well and storage tank of Julie Ann
Villa Subdivision is located as well as those places water pipes
run to various destinations of the above - described Subdivision
and more particularly described in Exhibits I and 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 delivering water
by way of a water system to the residents of Julie Ann Villa
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 he will not convey any
, l�� "'T
other easement or conflicting rights within the area covered by
this assignment.
0 Entire Agreement
0
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.
VILLA UTILITIES, INC.
NORMAN BARNETT, President
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared NORMAN BARNETT,
President, 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 VILLA 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
S:5:30:17
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
TRACT I
Field note description of a tract or parcel of land, being a part
• of a tract designated as "RESERVE" out of a part of Julie Ann
Villa, Section No. One (1), a subdivision in the WILLIAM
BLOODGOOD SURVEY, Chambers County, Texas, according to map or
plat thereof recorded in Volume 3 at Page 1 of the Map Records of
Chambers County, Texas, said tract of land described as follows:
COMMENCING at a 5/8" steel rod set for corner at the point
of intersection of the south R -O -W line of Gloria Drive (60
ft. R -O -W) with the west R -O -W line of State Highway No.
146;
THENCE in a southerly direction along the east line of the
aforesaid reserve tract and the west R -O -W line of State
Highway No. 146 south 14 degrees 34' 00" west, a distance
of 669.56 feet to the centerline of a drainage ditch and the
southeast corner of said tract;
THENCE in a southwesterly direction along the centerline of
drainage ditch and the southeast line of Julie Ann Villa
Subdivision, Section No. One (1) by bearing and distance as
follows;
South 60 deg. 59' 00" west a distance of 228.01 feet to
an angle point; South 84 deg. 20' 00" west a distance
of 75.42 feet to the southeast corner and POINT OF
BEGINNING of a 0.0506 of an acre tract set aside for
water well location;
THENCE North 07 deg. 01' 59" west along the east line of
said 0.0506 of an acre tract a distance of 68.44 feet to a
5/8" steel rod at the northeast corner of said 0.0506 acre
tract;
THENCE south 82 deg. 581 01" west along the north line of
said 0.0506 of an acre tract a distance of 32.50 feet to a
5/8" steel rod set at the northwest corner of said 0.0506 of
an acre tract;
THENCE south 07 deg. 01' 59" east along the west line of
said 0.0506 of an acre tract a distance of 65.80 feet to a
corner in the centerline of a drainage ditch and at the
south line of Julie Ann Villa Subdivision, Section No. One
(1), being the southwest corner of said 0.0506 of an acre
tract;
THENCE in a southeasterly and northeasterly direction along
the centerline of drainage ditch, the south line of Julie
Ann Villa Subdivision, Section One (1) , and the south line
of tract described by bearing and distance as follows;
9 - 1 -
South
angle
North
the Pi
lines
land.
84 deg. 53' 49" east a distance of 9.96 feet to an
point;
84 deg. 20' 00" east a distance of 22.77 feet to
DINT OF BEGINNING, enclosing within the boundary
of tract described, 0.0506 of an acre tract of
Together with a 10 ft. easement for the purposes of ingress
and egress to said tract of land, said easement to be
immediately north of and adjacent to said drainage ditch
above referred to and running along said drainage ditch to
State Highway 146.
5:5:30:18
- 2 -
TRACT II
COMMENCING at the point of intersection of the southeast R -O -W
line of Needle Point Road with the West R -O -W line of State
Highway No. 146, said commencing point also the Northeast corner
of One -half (1/2) acre tract out of a part aforesaid "RESERVE"
tract;
THENCE south 80 deg. 03 min. 01 sec. west (called south 80
deg. 02 min. 00 sec. west) along the southeast R -O -W line of
Needle Point Road, the northwest line aforesaid "RESERVE"
tract and the northwest line of a 1/2 acre tract a distance
of 221.79 feet to a 5/8" steel rod at the northwest corner
of One -half (1/2) acre tract and the northeast corner of
tract reserved for water well site;
THENCE south 11 deg. 11 min. 06 sec. east along the westerly
boundary line of One -half (1/2) acre tract and the east line
of said water well tract a distance of 40.31 feet to a 5/8"
steel rod at an interior corner of One -half (1/2) acre
tract, being the southeast corner of herein described water
well site;
THENCE south 78 deg. 48 min. 54 sec. west along the
southerly boundary line of water well site a distance of 18
feet to a galv. chain link fence corner for the southwest
corner of herein described water well site;
THENCE north 11 deg. 11 min. 06 sec. west along the westerly
line of water well site a distance of 40.70 feet to a 5/8"
steel rod set at the southeast R -O -W line of Needle Point
Road and the northwest line aforesaid "RESERVE" tract for
the northwest corner herein described water well site;
THENCE north 80 deg. 03 min. 01 sec. east (called north 80
deg. 02 min. 00 sec. east) along the southeast R -O -W line of
Needle Pont Road, the northwest line of "RESERVE" tract and
the northwest line tract described a distance of 18 feet to
the "PLACE OF BEGINNING" enclosing within the boundary lines
of tract described (729 sq. ft.) 0.0267 of an acre of land.
5:5:30:19
THE STATE OF TEXAS {
{ AGREEMENT ON THE REMOVAL
COUNTY OF HARRIS { OF PERSONAL PROPERTY
THAT, VILLA UTILITIES, INC., hereinafter called "Villa,"
agrees with the City of Baytown, hereinafter called "City," to
remove their above ground personal property, not specifically
conveyed herewith, within six (6) months after Notice to remove
from the City, or the City may dispose of such property as
abandoned property.
IN WITNESS WHEREOF, this Agreement is executed on this the
day of
THE STATE OF TEXAS {
{
COUNTY OF HARRIS {
. 1990.
VILLA UTILITIES, INC.
NORMAN BARNETT, President
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared NORMAN BARNETT,
President, 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 VILLA 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
5:5:30:20
•
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS