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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
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