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Ordinance No. 5,729901213 --22 ORDINANCE NO. 5729 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 AT THE LANDING AT CEDAR BAYOU, 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 at the Landing at Cedar Bayou, 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 December, 1990. * �t' • • ATTEST: EILEEN P. HALL, City Clerk AANDALL B. ST ONG, Ci Attorney C:1:59:21 0 GRANTEE'S ADDRESS: City of Baytown 2401 Market P.O. Box 424 Baytown, Texas 77522 -0424 SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CHAMBERS § TEXAS TRUST SAVINGS BANK, FSB, ( "Grantor "), in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS and other good and valuable consideration in hand paid by the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, State of Texas ( "Grantee "), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee, all of Grantor's right, title and interest in and to the real property located in Chambers County, Texas which is more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular, all of Grantor's right, title and interest in and to all rights, benefits, privileges, easements, tenements, appurtenances thereon and pertaining thereto, and the water well, the chlorinator, tanks and all other equipment located thereon (said real property, together with such rights, appurtenances, interests and personal property, being collectively called the "Property "), subject to, however, those exceptions and encumbrances set forth on Exhibit "B" attached hereto and made a part hereof for all purposes (said exceptions and encumbrances being called the "Permitted Encumbrancer"). TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns, subject to the Permitted Encumbrances, FOREVER, and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Encumbrances, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. GRANTEE IS ACQUIRING THE PROPERTY "AS IS" WITH ALL FAULTS AND DEFECTS. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE MADE HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHA'T'SOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, OR THE PRESENCE OR ABSENCE OF ANY POLLUTANT, HAZARDOUS WASTE, GAS OR SUBSTANCE OR SOLID WASTE ON OR ABOUT THE PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY INTEND TO CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY OR BODY HAVING JURISDICTION, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, OR (F) ANY OTHER MATTER RELATED TO OR CONCERNING THE PROPERTY. GRANTEE HAS BEEN GIVEN AN OPPORTUNITY 0 EXHIBIT, TO INSPECT THE PROPERTY AND IS RELYING SOLELY ON ITS OWN INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AND NOT ON ANY INFOR14ATION PROVIDED BY GRANTOR. EXECUTED on this day of November, 1990. GRANTOR: TEXAS TRUST SAVINGS BANK, FSB tvy AI-L�L rrint: 'I N. Whitman Its: Vice President STATE OF TEXAS COUNTY 0 This instrument was acknowledged before me of the day of November, 1990, by Terry N. Whitman, Vice President 'of TEXAS TRUST SAVINGS BANK, FSB, on behalf of said savings bank. My Commission Expires: /v - /G -%3 E Not r lic in and for the State of Texas aaaa�Rp ,aas,assg ^m »a,sw�:vacsmrow� sC `" MEWDY BAIL HoterY Public V .� In and for tt.e 'Stgj of Texas Commission Ex4+res 1016.93 R �l,°6�4°6 �bF.�66�G`e¢� `67i<G G'drd°GeG��G6�6tG°GC BEGINNING at the Northwest property corner of Block #1, Lot #7 of The Landing at Cedar Bayou Subdivision Section #1, a subdivision in Chambers County, Texas, according to the plat recorded in Book B at page 88 of the Plat Records of Chambers County, Texas, said point also being in the East right -of -way line at Cedar Bluff Drive; THENCE, eastward along the North property line of said lot to the Northeast property corner of said lot; THENCE, eastward along the extended North property line of said Lot a distance of 115.00 feet to a point; THENCE, southward parallel to and 115.00 feet East of the East line of said Section #1 a distance of approximately 92 feet to a point; THENCE, westward along the extended South property line of Block #1, Lot 48 of said Section 41 a distance of approximately L15 feet to the Southeast property corner of said Lot #B; THENCE, northward along the East line of said Section #1 to its intersection with a line parallel to and 20.00 feet South of the North property line of said Lot #7; THENCE, westward parallel to and 20.00 feet South of the North property line of said Lot #7 to its intersection with the East right -of -way line of Cedar Bluff Drive; THENCE, northward along the East right -of -way line of Cedar Bluff Drive, a distance of approximately 20 feet to a point, said point also being the POINT OF BEGINNING, and encompassing an area of approximately 0.30 acres. L� SIT "B^ 1• Taxes for the Year 1990 and sutseguent for Prior Years clue to changes in lam Years, and subsequent assessments 2. Wage or ownership. Those easements shown an the recorded plat. 3. Public utitlity easement Venture, dated 1easem and granted by The Landing At Cedar Bayou Joint Records of ors County, recorded Volume 569, Paqe 61 of the Deed Texas. 4. Sanitary Sewer Fa Venture, dated 4a2s meet granted by The Lang At Cedar Bayou Joint Records of awnbers b aril recorded in Volume 604, Page 680 of the Deed �tY, Texas. 5. Houston Lighting and Cedar Bayou Joint Venturer �nY easement granted by The Landing At Rage 178 of the Deed Records mf Chambers and recorded in Volume 588, tY, Texas. 6• Aone- sixteenth (1/16) ? interest in and to all oil, gas and other minerals as reserved in by Baytown 45, Ltd., dated 12 -5 -83 and recorded in Volume 540, Page 630 of the Deed Records of Chambers Count', 'I�xas. 7. Rights of Parties in Possession. 8. All visible ndaapparent easements and all and may arise by unrecorded grantor by dents, the 9. All zon±ng ordinances, if any. � 0 • AND RIGHT-OF-WAY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CHAMBERS This EASEMENT AND RIGHT -OF -WAY is made and entered into this day of -December. 1990, by TEXAS TRUST SAVINGS BANK, FSB ( "Grantor "), a federal savings bank, having its main office located in Horseshoe Bay, Texas, to and in favor of THE CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, State of Texas ( "Grantee "). H I T N E S S E T E: (A) Grantor is the owner of certain Lots (the "Property ") located in a subdivision of Chambers County, Texas, which subdivision is more commonly known as The Landing at Cedar Bayou. (B) Grantor desires to hereby grant to Grantee for the benefit of those certain tracts of land a nonexclusive sewer and water line easement (the "Easement ") within the Property, being more particularly described on Exhibit" A" attached hereto and made a part hereof for all purposes. NOW, THEREFORE, for and in consideration of the sum of One Dollar and N01100 ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Grantor hereby TRANSFERS and ASSIGNS unto Grantee, and its successors and assigns, the right to lay, construct, operate, inspect, maintain, repair and remove a sewer line and /or waterline on, in, over and through, in and under the Easement under the following terms and conditions: (1) GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE TITLE TO THE EASEMENT, (B) THE NATURE, QUALITY OR CONDITION OF THE EASEMENT, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY OR THE PRESENCE OR ABSENCE OF ANY POLLUTANT, HAZARDOUS WASTE, GAS OR SUBSTANCE OR SOLID WASTE ON OR ABOUT THE EASEMENT, JC) THE INCOME TO BE DERIVED FROM THE EASEMENT, (D) THE SUITABILITY OF THE EASEMENT FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY INTEND TO CONDUCT THEREON, (E) THE COMPLIANCE OF OR BY THE EASEMENT OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY OR BODY HAVING JURISDICTION, (F) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE EASEMENT, OR (G) ANY OTHER MATTERS RELATED TO OR CONCERNING THE EASEMENT. GRANTEE HAS BEEN GIVEN AN OPPORTUNITY TO INSPECT THE EASEMENT AND IS RELYING SOLELY ON ITS OWN INSPECTIONS AND INVESTIGATIONS OF THE EASEMENT AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. (2) Grantee assumes the risk of and shall protect, indemnify and hold Grantor harmless from and against all loss, cost, expense and liability for or on account of injury to or death of persons or damage to property resulting from or incident to the construction, maintenance, use, operation, repair or alteration of the aforesaid sewer line and /or waterline and the crossing on or over the Property or the removal of said line from the Easement or the Property. i (3) Grantor reserves the right to use the Easement in any 40 manner except when such use may unreasonably interfere with the enjoyment of the rights and easements herein granted. Without limitation of the foregoing, Grantor shall have the right to permit the surface of the Easement to be used for any use which is not inconsistent with the rights herein granted, including the right to pave the Easement with hard surface materials, plant landscaping and make such other improvements as Grantor, its successors and assigns, shall deem appropriate. (4) Grantee agrees to notify Grantor, or its designated representative, of any repairs or construction to be made on the Easement within thirty (30) days prior to the commencement of any construction operations on the Easement. Any construction or operations undertaken on the Easement shall be undertaken efficiently, diligently and in a manner which will not unreasonably interfere with the use of the Property or the property adjacent to the Property. Grantee shall continuously, during the performance of any work with respect to the Easement, maintain adequate protection of all adjacent property and persons from damage or injury caused by equipment, personnel or contractors employed with respect to such work. Grantee shall further at all times keep the portion of the Easement upon which it is working free from unreasonable accumulation of waste materials and at the completion of its work shall remove all waste and other materials from or about the cite of the work and shall grade and compact the Easement to substantially its prior condition. (5) Grantee, by acceptance hereof, agrees to bury the sewer line and /or waterline laid hereunder to a depth at least Eour (4) feet below the surface, shall cover same so as to replace the land as nearly as practicable in the condition in which it was before such work was done, and shall construct said sewer line and /or waterline at least four (4) feet below the hard bottom of any natural or man -made ditch, canal or water course which it may cross. (b) If it is necessary for Grantee to cut any fence upon or crossing the Easement, then before any such cut is made, such fence shall be properly braced with H- Erames to prevent slackening of wires in either direction therefrom. Promptly upon completion of construction, such cut or gaps shall be permanently closed and the fence shall be restored to substantially the condition in which it existed immediately prior to cutting thereof. (7) Grantee agrees to pay any damages to growing crops, fences, buildings, livestock and timber on the Easement and /or the Property which may result from the exercise of the rights herein granted. (8) Grantee agrees that it will comply with all present and future state and federal rules, regulations, laws and requirements that are applicable to the sewer line, the waterline and /or the Easement provided for herein. (9) In the event that Grantee, its successors and assigns, shall ever cease to use the Easement for the purposes set Eorth in Paragraph (1) above, then the rights and easements herein granted shall automatically cease and be of no further force and effect and shall immediately and without further action revert to Grantor, successors or assigns. (10) This Easement shall constitute a covenant running with the land and shall be binding upon, and enure to the benefit of, . Grantor and Grantee and their respective successors and assigns. -2- (1L) By their execution hereof, Grantor and Grantee hereby declare that Grantor is not hereby dedicating the Easement for • use by the general public, but to the contrary, is expressly reserving the Easement as a private easement to be used exclusively by Grantor and Grantee, their respective successors and assigns, for the installation, construction, maintenance, inspection, repair and removal a sewer line and /or water line under the Easement. (12) Grantor shall have no obligation whatsoever to improve or maintain the Easement. (13) Each owner from time to time of the Easement herein granted shall indemnify Grantor, and its successors and assigns from and against any and all costs, damages, losses and injuries, whether to property or to persons, including attorney's fees, arising out of or resulting from the construction maintenance, use and /or removal of any improvements within the Easement. All costs and expenses relative to the constructions, maintenance, use and removal of any such improvements shall be borne solely by the party owning the Easement created hereby and Grantor shall have no obligation with respect thereto. Each such owner hereby covenants to maintain the Easement in good repair and condition. (14) The use of the Easement shall be on a nonexclusive basis, it being understood that Grantor, its successors and assigns, may from time to time at its own cost and expense tie into any utilities contained therein. (15) This Easement is granted subject to any and all liens, easements, rights of ways, encumbrances, conditions and restrictions as may appear of record relating to the land covered hereby and this conveyance is made without representation or warranty. (16) This Easement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns, and shall inure to the benefit of the respective licensees of such parties, as they may from time to time designate. Ili WITNESS WWEIMEOF, this instrument has been executed on the day and year first written above. GRANTOR: TEXAS TRUST SAVINGS BANK, FS8 ATTEST: ��. y: Secretary Terry N. Whitman Ti le: vice President (SEAL) -3- 0 ATTEST: GRANTEE: THE CITY OF BAYTOWN, TEXAS By: City Secretary Name: Title: (SEAL) STATE OF TEXAS § § COUNTY OF BURNET § This instrument was acknowledged before me on this � day of November, 1990 by Terry N. Whitman, Vice President of Texas Trust Savings Bank, FSB, on behalf of said savings bank. NotsazY blic in and for the State of Texas My Commission Expires: aaaa�xaa�^ ns,aao aaa? as Y a„7�ar,. R � M'cii]pY BALL. Notary Puhlid y ce In and for the Slate of Texas m ;ry A nr Cammtssron Expoes 10 -15.93 V p yy5 QS 1f�Gf, �LK!G SG G(f'lr6�'GC:!GyVvG: GclY.a�.l,!�!GC� STATE OF TEXAS § 5 COUNTY OF CHAMBERS § This instrument was acknowledged before me on this day of November, 1994 by , o`�` the City of Baytown, on behalf of said municipal corporation. My Commission Expires: 0 Notary Public in and for the State of Texas -4 EXHIBIT "A" TRACT NO. 1: BEGINNING at the Southwest corner of The Landing at Cedar Bayou Subdivision Section No. 1 ("Section No. 1 "), a subdivision in Chambers County, Texas, according to the plat recorded in Book B, beginning at Page 88 of the Plat Records of Chambers County, Texas, said point also being on the east bank of Cedar Bayou; HENCE, eastward along the South line of said Section No. 1 to its intersection with the West right of way line of Cedar View Drive; THENCE, northward along the West right of way of Cedar View Drive, a distance of approximately 20 feet to a point; THENCE, westward parallel to and 20 feet North of the South line of said Section No. 1 to its intersection with the East bank of Cedar Bayou; THENCE, southward along the meanders of the East bank of Cedar Bayou to the Southwest corner of said Section No. 1, said corner also being the Point of Beginning. TRACT N0. 2: BEING the south 10 feet of the lots 2, 3, 4, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of Block 2 of The Landing at Cedar Bayou Subdivision Section No. 1, a subdivision in Chambers County, Texas, according to the plat recorded in Book 8, beginning at Page 88 of the Plat Records of Chambers County, Texas. TRACT N0. 3• BEING the south 10 feet of lots 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 23 of Block 3 of The Landing at Cedar Bayou Subdivision Section No. 1, a subdivision in Chambers County, Texas, according to the plat recorded in Book S, beginning at Page 88 of the Plat Records of Chambers County, Texas. TRACT N0. 4• BEING the north 10 feet of lots 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46 and 47 of Block 3 of The Landing at Cedar Bayou Subdivision Section No. 1, a subdivision in Chambers County, Texas, according to the plat recorded in Book H, beginning at Page 88 of the Plat Records of Chambers County, Texas. TPACT N0. 5: BEING the north 10 feet of lots 12, 13, 14, 15, 17, 18, 19, 20, The Landing at Cedar Bayou subdivision in Chambers County, recorded in Book B, beginning at Chambers County, Texas. TRACT N0. 6: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 22, 23, 24 and 25 of Block 4 of Subdivision Section No. 1, a Texas, according to the plat Page 88 of the Plat Records of BEING the south 10 feet of lot 9 Cedar Bayou Subdivision Section No. County, Texas, according to the beginning at Page 88 of the Plat Texas. of Block 1 of The Landing at 1, a subdivision in Chambers plat recorded in Book 8, Records of Chambers County, TRACT N0. 7• BEING the east 10 feet of lots 1, 3, 4, 5, 6, 7 and 9 of Block 1 • of The Landing at Cedar Bayou Subdivision Section No. 1, a subdivision in Chambers County, Texas, according to the plat recorded in Book B, beginning at Page 88 of the Plat Records of Chambers County, Texas. TRACT N0. 9: BEGINNING at the Northeast property corner of lot 9 of Block 5 of The Landing at Cedar Bayou Subdivision Section No. 1, a subdivision in Chambers County, Texas, according to the plat recorded in Book B, beginning at Page 88 of the Plat Records of Chambers County, Texas, said point also being in the west right of way line of Cedar View Drive; THENCE, southward along the west right of way line of Cedar View Drive, a distance of approximately 10 feet to a point; THENCE, westward parallel to and 10 feet South of the extended North boundary line of said Lot 9 to its intersection with the east bank of Cedar Bayou; THENCE, northward along the meanders of the East bank of Cedar Bayou to its intersection with the line parallel to and 10 feet North of the extended property line of said Lot 9; THENCE, eastward parallel to and 10 feet North of the extended property line of said Lot 9 to its intersection with the West boundary line of Lot 10 of Block 5 of The Landing at Cedar Bayou Subdivision Section No. 1, subdivision in Chambers County, Texas, according to the plat recorded in Book B, beginning at Page 88 of the Plat Records of Chambers County, Texas; THENCE, southward along the west boundary line of said Lot 10, a distance of approximately 10 feet to a point in the Northwest property corner of said Lot 9; THENCE, eastward along the North property line of said Block 9 to its intersection with the West right of way line of Cedar view Drive, said corner also being the point of beginning.