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Ordinance No. 5,706901120 -6 ORDINANCE NO. 5706 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 . LINCOLN CEDARS 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 Lincoln Cedars Subdivision in Chambers County, Texas, as set forth on Exhibit "A," "B" and "C" 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 20th day of November, 1990. ATTEST: �� . E LEEK P � . HALL, 'City Clerk DALL B. STRONG �, y Attorney C:1:58:5 0 h'.. ETT O. HUTTO, Mayor THE STATE OF TEXAS { { BILL OF SALE COUNTY OF HARRIS { • THAT, CEDAR BAYOU UTILITIES, INC., Seller, of Chambers County, Texas, in consideration of payment of the sum of FORTY - FIVE THOUSAND AND N0 1100 ($45,000.00) 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 and sanitary sewer utility systems presently serving Lincoln Cedars Subdivision and commonly known and described as "Cedar Bayou Utilities," owned by Seller in Chambers County, Texas, together with all real property utilized in the acquisition, pumping, treatment, storage and distribution of water and acquisition, pumping, treatment, storage and disposition of waste water, and including, but not limited to water wells, pipelines, fee title, buildings, valves, meters, meter boxes, and other fixtures and equipment and the right and responsibility to serve wager 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 Warranty Deed, incorporated herein for all purposes. Seller agrees to transfer to the City of Baytown all meter deposits and current customer delinquent or receivable accounts not older than ninety (90) days. 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 A - 1 - or personal including prorations through 1990, at the time of the sale. 0 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 December 31, 1990. IN WITNESS WHEREOF, this Bill of Sale is executed on this the ATTEST: day of VIKKI A. NOWLING, Secretary THE STATE OF TEXAS { { COUNTY OF HARRIS { 1990. CEDAR BAYOU UTILITIES, INC. CHARLES J. NOWLING, President BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared CHARLES J. NOWLING, 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 CEDAR BAYOU 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:5:30:22 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THE STATE OF TEXAS { { EASEMENT ASSIGNMENT COUNTY OF HARRIS { Assignment of Easement 1. That CEDAR BAYOU 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 Lincoln Cedars 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, storage tank and sewer system of Lincoln Cedars Subdivision is located as well as those places water and sewer pipes run to various destinations of the above - described Subdivision and more particularly described in Exhibit I 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 Lincoln Cedars Subdivision of Chambers County, Texas. Duration of Easement 5. The easement, rights, and privileges herein assigned shall be perpetual. 0 Efterr 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 ATTEST: 1990. CEDAR BAYOU UTILITIES, INC. CHARLES J. NOWLING, President VIKKE A. NOWLING, Secretary • -2- 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 CHARLES J. NOWLING, 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 CEDAR BAYOU UTILITIES, INC., and that he executed the same as the act of such corporation f or the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this day of , 19 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS S:5:30:21 0 - 3 - THE STATE OF TEXAS { { . COUNTY OF HARRIS { :-;46 KNOW ALL PIM BY THESE PRESENTS: THAT GRANTOR, CEDAR BAYOU UTILITIES, INC., of the County of Chambers, State of Texas, for and in consideration of the sum of TEN DOLLARS AND N01100 ($10.00), and other good and valuable consideration paid by the GRANTEE herein named, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the GRANTEE, CITY OF BAYTOWN, a municipal corporation located in the Counties of Harris and Chambers, State of Texas, its successors and assigns, the following described tracts of real property located in Harris County, Texas: See Exhibit I which is attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said CITY OF BAYTOWN, its successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind itself, its heirs, executors and administrators to WARRANT and FOREVER DEFEND the said premises 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. This conveyance is made and accepted subject to all restrictions, reservations, covenants, conditions, rights -of -way, and easements of record, enforceable and binding on GRANTOR on this date, if any, affecting the abovedescribed property. SIGNED this the ATTEST: VIKKI A. NOWLING, Secretary day of CEDAR BAYOU UTILITIES, INC. 1990. CHARLES J. NOWLING, President - 1 - THE STATE OF TEXAS { { COUNTY OF HARRIS { 40 BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared CHARLES J. NOWLING, 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 CEDAR BAYOU UTILITIES, INC., a corporation, 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 AFFIANT NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS S:6:1:50 0 - 2 - i EXHIBIT I TRACT I A Tract or parcel of land out of the W. J. Moreau Tract in the Christian Smith Survey, Abstract No. 22, Chambers County, Texas, described by metes and bounds as follows: COMMENCE at the Northwest corner of a 3 -acre tract sold to the Cedar Bayou Independent School District (now Goose Creek Independent School District) Deed dated June 27, 1951, recorded in Vol. 133, page 291, Deed Records of Chambers County, Texas; said corner being marked by an iron rod; THENCE North 62 deg. 50 min. West 6.5 feet to the Southwest corner and point of beginning of the tract herein described and said point being a fence corner; THENCE North 12 deg. 22 min. West 57.2 feet along the fence line to the Northwest corner of tract herein described; THENCE North 85 deg. 59 min. East a distance of 68.55 feet to a point for corner of tract herein described; THENCE South 15 deg. 34 min. East a distance of 59.5 feet for corner of tract herein described. THENCE South 81 deg. 00 min. West 72.9 feet to point of beginning, and containing .09 of an acre, more or less. This tract is made expressly subject to all easements, reservations, and exceptions of record, and in particular one certain borrow pit easement held by the State of Texas and recorded in Vol. 63, page 353, of the Deed Records of Chambers County, Texas. SUBJECT to easements, restrictions and reservations of record, if any, affecting the above - described property. SUBJECT to the reservation by W. J. Moreau of all oil, gas and other minerals in and to the above - described property by a prior conveyance to HHM Corporation of all of the oil, gas and other minerals in and to the above - described tract of land or that may be taken from the above- described tract of land. -1- TRACT II Tract No. 1: BEING a 0.14 acre tract of land out of a 3.42 acre tract of land as recorded in Volume 215, page 329, of the Deed Records of Chambers County, Texas as follows: BEGINNING at the Southeast corner of the said 3.42 acre tract of land, same being the Southeast and beginning corner of the tract herein described. THENCE South 78 deg. 51 min. West a distance of 60.0 feet along the South line of the said 3.42 acre tract of land to an iron pipe for the Southwest corner of the tract herein described. THENCE North 11 deg. 07 min. West a distance of 106.69 feet to an iron pipe for the Northwest corner of the tract herein described. THENCE North 81 deg. 20 min. East a distance of 60.0 feet to an iron pipe for the Northeast corner of the tract herein described. THENCE South 11 deg. 09 min. East a distance of 104.10 feet along the East line of the said 3.42 acre tract of land to the PLACE OF BEGINNING and containing 0.14 acres of land. SUBJECT to easements, reservations and restrictions of record, if any, affecting the above - described tract of land. This conveyance is further made subject to the reservation by W. J. Moreau of all of the oil, gas and other minerals in and under and that may be taken from said tract of land (1/2 of the minerals having heretofore been reserved in a deed from of an undivided 1/2 interest from W. J. Moreau to H. H. Houseman). Tract No. 2: All right, title and interest, that the Grantors have in and to a 15 foot easement across the south end of Lot No. 38 of LINCOLN CEDARS SUBDIVISION, SECTION "B," being in the Christian Smith Survey, Abstract No. 22, Chambers County, Texas, together with all right, title and interest which the Grantors may have in and to all utility easements in the entire Lincoln Cedar Subdivision and any other easement being used in or adjacent to the said subdivision by the Grantors in the operation of a water distribution system and a sewage disposal system. • - 2 - TRACT NO. III Tract No. 1: BEING a 0.66 acre tract of land out of a 75.22 acre tract of land as Recorded in Volume , Page of the Deed Records, Chambers County, Texas. Also in the Christian Smith Survey, Chambers County, Texas. BEGINNING at the Northwest corner of a 3.0 acre tract of land known as the Goose Creek Consolidated School District as Recorded in Volume 133, Page 291 of the Deed Records, Chambers County, Texas. Same being a corner of the tract herein described. THENCE South 9 deg. 42 min. East a distance of 60.0 feet along the West line of the said School 3.0 acre tract of land to an iron pipe for the Southeast corner of the tract herein described. THENCE South 80 deg. 07 min. West a distance of 219.13 feet to an iron pipe for the Southwest corner of the tract herein described. THENCE North 21 deg. 56 min. West a distance of 130.80 feet to an iron rod found for the Northwest corner of the tract herein described. THENCE North 80 deg. 36 min. East a distance of 240.99 feet to a one -half inch iron pipe for the Northeast corner of the tract herein described. THENCE South 11 deg. 41 min. East a distance of 62.60 feet to an iron pipe for an interior corner of the tract herein described. THENCE South 57 deg. 12 min. East a distance of 5.0 feet to Place of Beginning and containing 0.66 acres of land. Tract No. 2: BEING a 0.08 acre tract of land out of a 75.22 acre tract of land as Recorded in Volume , Page of the Deed Records, Chambers County, Texas. Also in the Christian Smith Survey, Chambers County, Texas. COMMENCING at the Northwest corner of a 3.0 acre tract of land known as the Goose Creek Consolidated School District as recorded in Volume 133, Page 291 of the Deed Records, Chambers County, Texas. Thence South 9 deg. 42 min. East a distance of 60.0 feet along the West line of the said School 3.0 acre tract of land to an iron pipe. Thence South 80 deg. 07 min. West a distance of • - 3 - 219.13 feet to an iron pipe for the Southeast and Beginning corner of the tract herein described. • THENCE South 80 deg. 07 min. West a distance of 42.20 feet to an iron pipe set on the East bank of Cedar Bayou for the Southwest corner of the tract herein described. THENCE North 45 deg. 01 min. West a distance of 73.48 feet along the East bank of Cedar Bayou to an iron rod found for the Northwest corner of the tract herein described. THENCE North 77 deg. 39 min. East a distance of 71.0 feet to an iron bolt for the Northeast corner of the tract herein described. THENCE South 21 deg. 56 min. East a distance of 64.60 feet to the Place of Beginning and Containing 0.08 acres of land. Tract No. 3: All of Grantors right, title and interest in and to easements for ingress and egress and for utilities retained in one certain deed from the Grantors herein to Mr. F. G. Dicus, and wife, Jimmy Dicus, dated March 9, 1982, recorded in Vol. 496, page 128, Deed Records of Chambers County, Texas. The conveyance of Tracts Numbered 1, 2 and 3 are made subject to easements, reservations and restrictions of record, if any, affecting the said tracts of land. The conveyance of the above Tracts Numbered 1, 2 and 3 are also made SUBJECT to reservation by W. J. Moreau of all oil, gas and other minerals in and under or that may be taken from the above - described tracts of land, (1/2 of the minerals having heretofore been reserved by W. J. Moreau in a conveyance of an undivided 1/2 interest in and to said tracts of land from W. J. Moreau to H. H. Houseman on prior date hereto). • - 4 - � 0 THE STATE OF TEXAS { { COUNTY OF HARRIS { EXHIBIT II AGREEMENT ON THE REMOVAL OF PERSONAL PROPERTY THAT, CEDAR BAYOU UTILITIES, INC., hereinafter called "Cedar Bayou," agrees with the City of Baytown, hereinafter called "City," to remove their above ground personal property, listed in the attached list, 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 ATTEST: VIKKI A. NOWLING, Secretary THE STATE OF TEXAS { { COUNTY OF HARRIS { 1990. CEDAR BAYOU UTILITIES, INC. CHARLES J. NOWLING, President BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared CHARLES J. NOWLING, 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 CEDAR BAYOU 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 EQUIPMENT LIST • 5 Horsepower Submersible Water Well Pump 50,000 Gallon Ground Storage Tank Level Controls Chlorinator 5,000 Gallon Pressure Tank Water Pumps 1 Horsepower Air Compressor Pump House Fences Submersible Solids Handling Pump Sewage Treatment Plants Blower � 0