Ordinance No. 6,098911212 -10
ORDINANCE NO. 6098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN EASEMENT LOCATED
BEHIND FIRE STATION NO. 6 TO GENERAL TELEPHONE COMPANY
OF THE SOUTHWEST; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an easement located
behind Fire Station No. 6 to General Telephone Company of the
Southwest. A copy of said Easement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and 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 12th day of
December, 1991.
IN 4.10 wwv-A�
. -- F • HUTTO,
ATTEST:
ETLEEN P. HALL, City Clerk
NACIO RAMIREZ, City Attorney
C :1:79:21
EASEMENT OF RIGHT OF WAY
THE STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
EXCHANGE: BAYTOWN
LOCATION CODE: 5406
ORDER: 7F001A1-
THAT, CITY OF BAYTOWN, A MUNICIPAL CORPORATION
THE GRANTOR(S), OF THE COUNTY OF HARRIS AND STATE AFORESAID,
FOR AND IN CONSIDERATION OF THE SUM OF TEN ($10.00), AND OTHER
VALUABLE CONSIDERATION TO THEM IN HAND PAID BY GTE SOUTHWEST
INCORPORATED, A DELAWARE CORPORATION, THE RECEIPT AND SUFFICIENCY
OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, HAVE THIS DAY
GRANTED AND CONVEYED AND DO, BY THESE PRESENTS GRANT AND CONVEY
UNTO GTE SOUTHWEST INCORPORATED, P.O. BOX 899, LEAGUE CITY, TEXAS
775740899, HEREINAFTER CALLED GRANTEE, ITS SUCCESSORS AND ASSIGNS,
AN EASEMENT AND RIGHT OF WAY, FOR THE CONSTRUCTION, PLACEMENT,
MAINTENANCE, OPERATION, ALTERATION, REPAIR, REPLACEMENT AND /OR
REMOVAL OF COMMUNICATION FACILITIES CONSISTING OF HUT(S),UNDERGROUND
CABLES, UNDERGROUND CONDUIT, MANHOLES, WIRES AND ALL OTHER NECESSARY
AND DESIRABLE FIXTURES AND APPURTENANCES OF EVERY KIND AND NATURE FOR
THE TRANSMISSION OF ENERGY FOR COMMUNICATION AND OTHER PURPOSES OVER,
UNDER, UPON AND ACROSS THE FOLLOWING PROPERTY SITUATED IN
HARRIS COUNTY, STATE OF TEXAS, TO WIT:
OUT OF A 0.604 ACRE TRACT IN THE J. W. SINGLETON SURVEY,
ABSTRACT 709 IN HARRIS COUNTY AND BEING THE PROPERTY CONVEYED
TO THE CITY OF BAYTOWN BY ZORA MCNULTY DECKARD BY DEED RECORDED
UNDER COUNTY CLERKS,FILE NUMBER D946231 OF THE OFFICIAL REAL
PROPERTY RECORDS OF HARRIS COUNTY, TEXAS.
GRANTOR HEREIN GRANTS THE FOLLOWING EASEMENTS TO WIT:
EASEMENT A: A 0.0574 ACRES BEING 50' X 50' FOR THE
CONSTRUCTION, PLACEMENT, MAINTENANCE OF COMMUNICATION
FACILITIES CONSISTING OF A HUT, UNDERGROUND CABLES,
UNDERGROUND CONDUIT, MANHOLES, WIRES AND ALL OTHER
NECESSARY AND DESIRABLE FIXTURES AND APPURTENANCES OF
EVERY KIND AND NATURE FOR THE TRANSMISSION OF ENERGY FOR
COMMUNICATION AND OTHER PURPOSES.
GRANTEE IS GRANTED THE RIGHT TO FENCE THIS PROPERTY
FOR THE PURPOSE OF PROVIDING A SECURITY ENCLOSURE FOR THE
HUT AND RELATED EQUIPMENT HOUSED THEREIN.
EASEMENT B: A 15 FOOT EASEMENT FOR INGRESS AND EGRESS
TO AND FROM EASEMENT A, INCLUDING THE RIGHT FOR THE CONSTRUCTION,
PLACEMENT, MAINTENANCE, OPERATION, ALTERATION, REPAIR OF
COMMUNICATION FACILITIES CONSISTING OF UNDERGROUND CABLES,
UNDERGROUND CONDUIT, MANHOLES, WIRES AND ALL OTHER NECESSARY
APPURTENANCES OF EVERY KIND AND NATURE FOR THE TRANSMISSION OF
ENERGY FOR COMMUNICATIONS AND OTHER PURPOSES.
HISIT Al
GRANTEE IS HEREBY GRANTED THE RIGHT TO PLACE OR HAVE
PLACED ELECTRIC UNDERGROUND FACILITIES TO SERVE ITS HUT.
EASEMENT C: A 5 FOOT EASEMENT FOR THE CONSTRUCTION,
PLACEMENT, MAINTENANCE, OPERATION ALTERATION, REPAIR OF
COMMUNICATION FACILITIES CONSISTING OF UNDERGROUND CABLES,
UNDERGROUND CONDUIT, MANHOLES, WIRES AND ALL OTHER NECESSARY
AND DESIRABLE FIXTURES AND APPURTENANCES OF EVERY KIND AND
NATURE FOR THE TRANSMISSION OF ENERGY FOR COMMUNICATION AND
OTHER PURPOSES.
SAID EASEMENTS BEING DESCRIBED BY METES AND BOUNDS IN
FIELD NOTES PREPARED BY ROBERT L. HALL JR., REGISTERED
PROFESSIONAL LAND SURVEYOR, MARKED EXHIBIT A, HERETO ATTACHED
AND MADE A PART HEREOF.
GRANTOR(S) COVENANT(S) FOR HIMSELF /OURSELVES, HIS /THEIR
SUCCESSORS AND ASSIGNS, NOT TO CONSTRUCT, PLACE, MAINTAIN OR
PERMIT THE CONSTRUCTION, PLACEMENT OR MAINTENANCE OF ANY BUILDING
OR SUCH STRUCTURE UPON, OVER, OR ACROSS SAID EASEMENT.
GRANTOR(S) GRANT(S) TO GRANTEE THE RIGHT OF INGRESS AND
EGRESS OVER MY /OUR ADJACENT LANDS TO OR FROM SAID RIGHT OF WAY
FOR THE PURPOSE OF INSPECTING, MAINTAINING, CONSTRUCTION,
REPAIRING, OPERATING, AND /OR REMOVING SAID TELECOMMUNICATIONS
SYSTEMS AND ANY OR ALL FIXTURES AND APPURTENANCES THERETO;
AND THE RIGHT TO TRIM OR REMOVE SUCH TREES AND FOLIAGE,
OVERHANGING BRANCHES, ROOTS, BRUSH AND OTHER OBSTRUCTIONS IN THE
EASEMENT, TO THE EXTENT IN THE SOLE JUDGMENT OF GRANTEE AS MAYBE
NECESSARY TO PREVENT POSSIBLE INTERFERENCE WITH THE OPERATION OF
SAID FACILITIES AND /OR EQUIPMENT OR TO REMOVE POSSIBLE HAZARD THERETO.
TO HAVE AND TO HOLD THE ABOVE DESCRIBED EASEMENT AND RIGHTS
UNTO THE SAID GRANTEE, ITS SUCCESSORS AND ASSIGNS, UNTIL SUCH
FACILITIES SHALL BE ABANDONED AND /OR REMOVED.
AND I /WE DO HEREBY BIND MYSELF /OURSELVES, MY /OUR LEGAL
REPRESENTATIVES, TO WARRANT AND FOREVER DEFEND, ALL AND SINGULAR
THE ABOVE DESCRIBED EASEMENT AND RIGHTS UNTO THE SAID GRANTEE,
ITS SUCCESSORS AND ASSIGNS AGAINST EVERY PERSON WHOMSOEVER
LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF.
EXECUTED and DELIVERED this day of
1991.
THE CITY OF BAYTOWN, TEXAS
By
ATTEST:
EILEEN P. HALL, City Clerk
THE STATE OF TEXAS §
S
COUNTY OF HARRIS §
EMMETT O. HUTTO, Mayor
This instrument was acknowledged
, 1991, by
before me on
Notary Public in and for the
State of Texas
EXHIBIT A
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of three tracts of land surveyed for GTE and situated
in the J. W. Singleton Survey, Abstract No. 709, Harris County,
Texas, and being out of and a part of a 0.604 of an acre tract of
land conveyed to the City of Baytown, Texas, by Zara McNulty
Deckard by deed recorded under County Clerk's File Number D946231
of the Official Real Property Records of Harris County, Texas.
These three tract of land are more particularly described by metes
and bounds as follows, to -wit:
0.0574 OF AN ACRE TRACT Easement A
BEGINNING at a 1/2 inch iron rod found for the Northeast corner of
this tract of land and the Northeast corner of said 0.604 of an
acre tract of land.
THENCE South 11 deg 28 min 31 sec East with the East line of this
tract and the East line of said 0.604 of an acre tract of land a
distance of 50.00 feet to a 1/2 inch iron rod set for the Southeast
corner of this tract of land. From this point an iron rod found at
the Southeast corner of said 0.604 of an acre tract of land bears
South 11 deg 28 min 31 sec East 117.95 feet.
THENCE South 79 deg 54 min 23 sec West with the South line of this
tract a distance of 50.00 feet to a 1/2 inch iron rod set for the
Southwest corner of this tract of land.
THENCE North 11 deg 28 min 31 sec West with the West line of this
tract a distance of 50.00 feet to a 1/2 inch iron rod set for the
Northwest corner of this tract of land in the North line of said
0.604 of an acre tract of land.
THENCE North 79 deg 54 min 23 sec East with the North line of this
tract and the North line of said 0.604 of an acre tract of land a
distance of 50.00 feet to the PLACE OF BEGINNING, containing within
said boundaries 0.0574 of an acre of land.
0.0406 OF AN ACRE TRACT - 15 FOOT EASEMENT B
BEGINNING at an iron rod found for the Southeast corner of this
tract of land and the Southeast corner of the said .604 of an acre
of land in the North right of way line of Massey - Tompkins Road, 80
foot right of way.
THENCE South 81 deg 10 min 27 sec West with the South line of this
tract, the South line of said 0.604 of an acre tract and the North
right of way line of Massey- Tompkins Road a distance of 15.02 feet
to a 1/2 inch iron rod set for the Southwest corner of this tract
of land.
THENCE North 11 deg 28 min 31 sec West with the West line of this
tract a distance of 117.62 feet to a 1/2 inch iron rod set for the
Northwest corner of this tract of land in the South line of the
above mentioned 0.0574 of an acre tract of land.
THENCE North 79 deg 54 min 23 sec East with the North line of this
tract and the South line of the above mentioned 0.0574 acre tract
of land a distance of 15.00 feet to a 1/2 inch iron rod set for the
Northeast corner of this tract of land and the Southeast corner of
the above mentioned 0.0574 of an acre tract of land and in the East
line of said 0.604 of an acre tract of land. From this point a 1/2
inch iron rod found for the Northeast corner of said 0.604 of an
acre tract bears North 11 deg 28 min 31 sec West 50.00 feet.
THENCE South 11 deg 28 min 31 sec East with the East line of this
tract and the East line of said 0.604 of an acre tract of land a
distance of 117.95 feet to the PLACE OF BEGINNING, containing
within said boundaries 0.0406 of an acre of land.
.•.•e...
0.0125 OF AN ACRE TRACT - 5 FOOT EASEMENT C
BEGINNING at a 1/2 inch iron rod set for the Northwest corner of
this tract of land in the West line of said 0.604 acre tract of
land and in the East right of way line of Chaparral Drive, 60 foot
right of way. From this point a 3/4 inch iron bolt found for the
Northwest corner of said 0.604 of an acre tract of land bears North
11 deg 28 min 21 sec West 6.94 feet.
THENCE North 81 deg 34 min 57 sec East with the North line of this
tract of land a distance of 108.66 feet to a 1/2 inch iron rod set
for the Northeast corner of this tract of land in the West line of
the above mentioned 0.0574 of an acre tract of land. From this
point a 1/2 inch iron rod at the Northwest corner of said 0.0574 of
an acre tract bears North 11 deg 28 min 31 sec West 10.12 feet.
THENCE South 11 deg 28 min 31 sec East with the East line of this
tract and the West line of said 0.0574 of an acre tract of land a
distance of 5.01 feet to a 1/2 inch iron rod set for the Southeast
corner of this tract of land.
THENCE South 81 deg 34 min 57 sec West with the South line of this
tract and the edge of an existing concrete driveway a distance of
108.66 feet to a 1/2 inch iron rod set for the Southwest corner of
this tract of land in the West line of said 0.604 of an acre tract
and the East right of way line of Chaparral Drive.
THENCE North 11 deg 28 min 31 sec West with the West line of this
tract, the West line of said 0.604 of an acre tract of land and the
East right of way line of Chaparral Drive a distance of 5.01 feet
to the PLACE OF BEGINNING, containing within said boundaries 0.0125
of an acre of land.
SURVEYED: October 1, 1991.
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr., Reg. Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared from
an actual survey made on the ground on the date shown and that all
lines, boundaries and landmarks are accurately described therein.
WITNESS my hand and
October, A.D., 1991.
Z6�
seal at Baytown, Texas, this the 10th., day of
REG. PROFES ONAL LAND SURVEYOR
NO. 1610
1
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L. HALL....
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