Ordinance No. 6,100911212 -12
ORDINANCE NO. 6100
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 ACROSS A
PORTION OF JENKINS- HOLLOWAY PARK TO PARKWOOD PLACE JOINT
VENTURE; 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 a construction
easement across a portion on Jenkins - Holloway Park to Parkwood
Place Joint Venture. 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.
P 0—
WE f • mayor
ATTEST:
i
EILEEN P. LL, City Clerk
e-TGNACIO RAMIREZ, R., City Attorney
C:1:79:19
GRANT OF STORM SEWER EASEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The City of Baytown, Texas, a municipality ( "Grantor "), the
owner of the property crossed by the easement hereinafter
described, for and in consideration of the sum of One and No /100
Dollars ($1.00) cash and other valuable consideration paid to it by
The Parkwood Place Joint Venture, a joint venture organized under
the laws of the State of Texas ( "Grantee ") , the receipt and
sufficiency of which is hereby acknowledged, does hereby GRANT unto
Grantee an easement for the purpose of installing, constructing,
maintaining, operating, repairing and replacing a stormwater
drainage system consisting of stormwater outfall pipes and all
necessasry related equipment for the runoff and discharge of
stormwater. The easement shall be approximately twenty (20) foot
in width located in, on and across the following described real
property:
A 0.2518 acre tract of land situated in the Christian Smith
League, Abstract No. 69, Harris County, Texas, and being out
of and part of a 9.886 acre tract of land conveyed to the City
of Baytown by G. H. Lawless. This 0.2518 of an acre tract of
land is more particularly described by metes and bounds as
follows, to -wit:
BEGINNING at a point for the Northeast corner of this tract of
land in the North line of said 9.886 acre tract and in the
South line of a so- called 31.39 acre tract of land conveyed to
William R. Laughlin, Trustee as recorded in Volume 8316 at
Page 53 of the Deed Records of Harris County, Texas, dated
December 10, 19701 and in the South line of Parkwood Place
Section One Subdivision. From this point an iron rod found in
the West right of way line of Raccoon Drive for the Northeast
corner of said 9.886 acre tract and the Southeast corner of
said 31.39 acre tract of land bears North 80 deg 16 min 09 sec
East 206.94 feet.
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Exh-lb"I f A
THENCE with the East line of this tract across said 9.886 acre
tract of land the following courses and distances:
S 09 deg 43 min 51 sec E 13.04 feet;
S 43 deg 47 min 13 sec W 67.57 feet;
S 08 deg 30 min 31 sec E 42.13 feet;
S 02 deg 23 min 24 sec W 153.34 feet;
S 19 deg 37 min 41 sec W 209.05 feet;
S 48 deg 00 min 00 sec E 60.06 feet to a point for the
Southeast corner of this tract of land in the shore line of
Cary's Bayou, a Harris County Flood Control Ditch.
THENCE with the South line of this tract and the shore line of
Cary's Bayou the following courses and distances:
S 67 deg 22 min 28 sec W 12.85 feet;
S 71 deg 40 min 57 sec W 9.66 feet to a point for the
Southwest corner of this tract of land.
THENCE with the West line of this tract across said 9.886 acre
tract of land the following courses and distances:
N 48 deg 00 min 00 sec W 63.16 feet;
N 19 deg 37 min 41 sec E 219.41 feet;
N 02 deg 23 min 24 sec E 148.40 feet;
N 08 deg 30 min 31 sec W 50.04 feet;
N 43 deg 47 min 13 sec E 67.30 feet;
N 09 deg 43 min 51 sec W 2.96 feet to a point for the
Northwest corner of this tract of land in the South line of
said subdivision, the South line of said 31.39 acre tract and
the North line of said 9.886 acre tract of land. From this
point an iron rod found for the most Southern Southwest corner
of said 31.39 acre tract of land and the Southwest corner of
said subdivision bears South 80 deg 16 min 09 sec West 168.62
feet.
THENCE North 80 deg 16 min 09 sec East with the North line of
this easement, the South line of said 31.39 acre tract, the
South line of said subdivision and the North line of said
9.886 acre tract, at 10.00 feet the Southeast corner of Lot
No. 6 and the Southwest corner of Lot 7 of said subdivision,
in all a total distance of 20.00 feet to the PLACE OF
BEGINNING, containing within said boundaries 0.2518 of an acre
of land.
together with the right to construct that certain twenty (20) foot
storm sewer system within the "Storm Sewer Easement" area as shown
in the plat attached hereto as Exhibit "A ", along with the right of
ingress and egress over two 30 foot parcels of land situate on
property adjacent thereto shown as 1130 foot Construction Easements"
on the aforesaid plat for construction, repair and maintenance of
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the storm sewer system and all all other purposes incident to this
grant.
This grant of easements has been executed by Grantor and
accepted by Grantee subject to all restrictions, covenants, and
easements, if any, relating to the hereinabove described property,
but only to the extent that they are still in force and effect, are
shown of record in the Real Property Records of Harris County,
Texas, and relate to the hereinabove described property.
TO HAVE AND TO HOLD such easements unto the Grantee, its
successors and assigns, for so long as such easement is used for
the purposes stated herein. The covenants and agreements contained
herein are covenants running with the land and affirmatively
enforceable against the land and any grantee, successor or assign
thereof. The easements shall be exclusive and only for the use of
the Grantee and its successors and assigns. The conveyance of the
easements herein shall not constitute a dedication for public use;
however, at such time as the stormwater sewer system constructed
within the easement area is dedicated to the City of Baytown, Texas
the easements created herein shall automatically terminate.
It is distinctly understood and agreed that this does not
constitute a conveyance of any part of the land above described nor
of the minerals therein and thereunder, but grants only an easement
as above provided.
Grantor retains for itself and its successors and assigns the
right to use and enjoy the property subject to these easements,
except as the same may be necessary for the purposes herein
granted. Grantor shall not construct any improvement in, over, or
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under the easement areas described herein, except paths
perpendicular to the easement area for the use of pedestrians and
vehicles.
EXECUTED and DELIVERED this day of
THE CITY OF BAYTOWN, TEXAS
, 199_
By:
Mayor
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on ,
19 , by
Notary Public in and for the
State of Texas
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