Ordinance No. 6,099911212 -11
ORDINANCE NO. 6099
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 AT
THE NORTHEAST CORNER OF JENKINS- HOLLOWAY PARK 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
at the northeast corner of Jenkins - Holloway Park 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.
I ETT • - HUTTO,
ATTEST:
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7
E LEEN P.'HALL, City Clerk
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ACIO RAMIREZ, SR. City Attorney
C:1:79:20
EASEMENT OF RIGHT OF WAY
THE STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
EXCHANGE: BAYTOWN
LOCATION CODE: 5406
ORDER: 7F001AA
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 WIJICH 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 FIFTY FOOT x FIFTY FOOT , 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 NESSARY 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:
A 0.0574 OF AN ACRE OF LAND IN THE CHRISTIAN SMITH LEAGUE,
ABSTRACT 69 AND BEING OUT OF AND A PART OF THE.CITY OF BAYTOWN'S
JENKINS- HOLLOWAY PARK.
THE EASEMENT HEREIN GRANTED IS A 50 FOOT BY 50 FOOT TRACT
AND IS 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.
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GRANTORS) 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
REPRESENTA'T'IVES, 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 §
COUNTY OF HARRIS §
EMMETT O. HUTTO, Mayor
This instrument was acknowledged before me on
, 1991, by
Notary Public in and for the
State of Texas
EXHIBIT A
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 0.0574 of an acre of land surveyed for GTE and
situated in the Christian Smith League, Abstract No. 69, Harris
County, Texas, and being out of and a part of the City of Baytown,
Texas, JENKINS- HOLLAWAY PARK. This 0.0574 acre tract of land is
more particularly described by metes and bounds as follows, to- -wit:
BEGINNING at a 1/2 inch iron rod found for the Northeast corner of
this tract, the Northeast corner of said Park and the Southeast
corner of the proposed subdivision PARKWOOD PLACE SECTION NO. ONE,
in the West right of way of Raccoon Drive, 70 foot right of way.
THENCE South 09 deg 20 min 31 sec East with the East line of this
tract, the East line of the Park tract and the West right of way
line of Raccoon Drive a distance of 50.00 feet to a 1/2 inch iron
rod set for the Southeast corner of this tract of land.
THENCE South 80 deg 16 min 08 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 09 deg 20 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 in the North line of the Park tract
and the South line of said proposed subdivision.
THENCE North 80 deg 16 min 08 sec East with the North line of this
tract, the North line of the Park tract and the South line of said
subdivision tract a distance of 50.00 feet to the PLACE OF
BEGINNING, containing within said boundaries 0.0574 of an acre of
land.
SURVEYED: October 2, 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 seal at Baytown, Texas, this the 10th., day of
October, A.D., 1991.
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REG. PROFESSIONAL LAND
NO. 1610
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