Ordinance No. 5,836910425 -2
ORDINANCE NO. 5836
AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE
OF FUNDS FOR THE PURCHASE OF PROPERTY AND PAYMENT OF
TAXES AND ASSESSMENTS ON A WATER UTILITY SYSTEM IN
STAPLES SUBDIVISION, 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 utility system in Staples Subdivision, 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 25th day of April,
1991.
i
METT i HUTTO, •
0
EILEEN P HAL , Cle rk City
ON McLEMORE, Assistant City Attorney
C:1 :20 :11
THE STATE OF TEXAS {
{ EASEMENT ASSIGNMENT
COUNTY OF HARRIS {
Assignment of Easement
1. That STEVEN LAUBACH, DOING BUSINESS AS H.L. &T.
ENTERPRISES WATER SYSTEM, 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 Staples Subdivision, of Chambers
County, Texas:
r Character of Easement
2. The easement and right -of -way hereby conveyed shall be
Part of Lot 27, the area in which the water well, pump and
storage tank of the Staples Subdivision is located together with
the right of ingress and egress thereto for all reasonable
purposes in operating the Water System. Such license and easement
rights shall continue so long as the Water System is in
operation, and said license and easement rights shall be
transferable by Buyer upon any sale of the Water System. Such
license and easement rights shall automatically lapse if the well
site is no longer used and /or needed in the operation of the
system.
Purpose of Easement
3. 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 Staples Subdivision
• of Chambers County, Texas.
EXHIBIT
j • Duration of Easement
4. The easement, rights, and privileges herein assigned
shall be perpetual.
Exclusiveness of Easement
5. 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
6. 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
7. 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 1991.
ST�
H. &T.
•
- 2 -
, DOING BL .SIREN AS
RISES WATER SYSTEM
•
•
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 STEVEN LAUBACH,
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 H.L. &T. ENTERPRISES WATER SYSTEM, 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.
IV under my hand and
19�. .
��ti � +� 4► i u � m � r r q rrr,
K
N q
S:5:30:2 5 of
seal of office, this 14 day of
hloa
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
- 3 -
THE STATE OF TEXAS {
{ BILL OF SALE
COUNTY OF HARRIS {
THAT, STEVEN LAUBACH, DOING BUSINESS AS H.L. &T. ENTERPRISES
WATER SYSTEM, Seller, of Harris County, Texas, in consideration
of payment of the sum of TWENTY -SEVEN THOUSAND AND NO 1100
($27,000.00) 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 Staples
Subdivision and commonly known and described as "Staples water
System," owned by Seller in Chambers County, Texas, together with
the use of all real and personal property utilized in the
acquisition, pumping, treatment, storage and distribution of
water, including, but not limited to water wells, pumps, tanks,
pipelines, easements, buildings, structures, values, meters,
meter boxes, chlorination equipment, air compressor, pump
con'Frols, and other fixtures and equipment and the right and
responsibility to serve water customers in such subdivisions
1
under any Certificate of Convenience and Necessity whatsoever.
Such property is more fully described in the Easement Assignment
and incorporated herein for all purposes. Seller also agrees to
transfer to the City of Baytown all meter deposits and current
delinquent or receivable accounts. At such time that the City
discontinues use of the water well, the well motor, pump,
electrical equipment, 500 gallon storage tank, 1000 gallon
pressure tank, chemical feed pump, fencing and gate, it will
. revert to Seller.
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
EXHIBIT B
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 1991, 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 March I, 1991.
IN WITNESS WHEREOF, this Bill of Sale is executed on this
the day of 1991.
ST N L ACH, DOING BUSINESS AS
H. ENTERPRISES WATER SYSTEM
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 STEVEN LAUBACH,
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 H.L. &T. ENTERPRISES WATER SYSTEM, and that he
executed the same as the act of such corporation for the purposes
and consideration therein expressed, and in the cap therein
stated.
G N under my hand and seal of office, this day of
19V.
`sue ��c��•p�et ;'y' NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
5:5:30:26
Of