Ordinance No. 7,433951012 -2
ORDINANCE NO. 7433
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH
THE STATE OF TEXAS TO GRANT A MAINTENANCE EASEMENT FOR A
SIX INCH SANITARY SEWER FORCE MAIN CROSSING CEDAR BAYOU;
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 agreement with The
State of Texas to 'grant a maintenance easement for a six inch
sanitary sewer force main crossing Cedar Bayou. A copy of said
agreement 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 October,
1995.
PETE C. ALFA, Mayor
ATTEST:
EILEEN F. HALL, City Clerk
APPROVED AS TO FORM:
J,QtACIO RAMIREZ, &., City Attorney
0 legal/ council loctober / 10- 12- 95authAGREEstate
• The 'State of
•
Austin, Texas
EASE= ON srATE LAM
lZiftlam PAIN ad' • a ID I •
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRFSE rS :
COUNT)( OF CHAMBERS §
(1) By virtue of the authority granted by the Texas Natural Resources Code,
Section 51.291, et seq. (Vernon Supp. 1995), and by Land Resources, Title 31,
Texas AdmiListrative Code, Chapter 13, and subject to all rules and regulations
promulgated by the Com-nissioner of the Texas General Land Office pursuant thereto
and all other statutes and amendments to the Texas Natural Resources Code, the
STATE OF TEXAS, hereinafter called GRANTOR, acting by and through Garry Mauro,
C m issioner of the Texas General Land Office, hereby grants to CITY OF SAyT iwN,
P.O. BOX 424, BAYT`ClW, TEXAS 77522, (713) 420 -6546, hereinafter called GRA=,
GRA ='s heirs, successors, and assigns, an easement for a right -of -way to
construct and maintain one (1) 6.9 inch (O.D.) pipeline for the purpose of
transpor ; i raw sewage across Cedar Bayou, cn land located in ChanbPrs county,
Texas, as described below:
A Twenty (20) foot wide right -of -way being Ten (10) feet
either side of the pipeline as constructed.
The total length of this easement is 7.27 rode, as per
centerline description, Exhibit A attached. See
Exhibits A, B, and C attached to this contract and made
a part hereof.
(2) This eas&rent is for a total period of ten (10) years, beginning on the date
of execution by GRANTOR, unless the same be renewed, extended, cancelled, or
changed by the proper official of the State of Texas as authorized by law.
EXHIBIT A
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(3) As consideration for the granting of this easement, GRANTEE agrees to pay
to the Commissioner of the Texas General Land Office at Austin, Texas, the sum
of Five Hundred and 00 /100 Dollars ($500.00).
(4) Provided that GRAN= has complied with the terms of this contract to the
complete satisfaction of the Commissioner of the Texas General Land Office,
GRANTOR grants to GRANTEE the option to extend and renew this easement contract
for an additional term of ten (10) years at a cost of Two Hundred Fifty and
00 /100 Dollars ($250.00) based on fifty percent (500) of the amount assessed
according to the fee schedule of the Texas General Land Office in effect on the
effective date of this contract.
(5) In addition to the rental, GRANTEE shall pay and discharge all taxes,
general and special assessments, and other Thames of every description which
during the term of this easement may be levied on or assessed against the land
or the improvements constructed upon the above- described premises, provided that
such taxes result from this easement. GRANTEE shall pay all such taxes, charges,
and assessments to the public office charged with the collection thereof not less
than five (5) days before the same shall become delinquent, and GRANTEE agrees
to indemnify and hold GRANMR harmless from all such taxes, charges, and
assessments. GRANTEE shall have the right in good faith at his sole cost and
expense to contest any such taxes, charges, and assessments, and shall be
obligated to pay the contested amount only if and when finally determined to be
owed.
(6) It is agreed that when any structure is placed on the right -of -way herein
granted, the location of the easement shall thereby became fixed at the location
of such structure, and the course and location of said easement shall not be
changed except by agreement with the Ca=ssicner of the Texas General Land
Office and any other governmental agency with jurisdiction over same.
(7) GRANTEE is hereby granted the right of ingress and egress to and frccm said
right -of -way for the purpose of constructing, maintaining, operating, repairing,
said pipeline, and such right is not granted for any other purpose. GRANTEE
agrees to occupy the land only to the extent and for the length of time necessary
to construct, maintain, operate, and repair said pipeline.
(8) GRANTEE shall not assign or sublease the rights granted in this easement in
whole or in part to any third party for any purpose without the prior written
approval of the Commissioner of the Texas General Land Office.
(9) GRANTEE shall permit GRANTOR's agents, representatives, and employees to
enter into and on the above- described premises at all reasonable times for the
purpose of inspection and for any other reasonable purpose necessary to protect
GRANTOR's interest in the above- described premises.
(10) GRANTOR reserves the right to use any or all of the area contained within
the above- described premises for any purpose not inconsistent with the use of the
easement by the GRANTEE.
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® (11) GRANTEE shall use the highest degree of care and all proper safeguards to
prevent pollution of air, ground, and water in and around the above- described
premises and shall comply with all rules or orders which the Commissioner of the
Texas General Land Office deems necessary for the protection and preservation of
public lands and waters. In the event of pollution which is the result of
GRANTEE's use of the above- described premises, GRANTEE shall use all means
reasonably available to recapture all pollutants which have escaped and shall be
responsible for all damage of any nature arising from such pollution.
(12) If a leak occurs in a pipeline, the flaw shall be stopped at once and
immediate notice shall be given to the Commissioner of the Texas General Land
Office.
(13) GRANTEE agrees to keep the Commissioner of the Texas General Land Office
informed of GRANTEE's current address and agrees to inform the Coan issioner of
any change of address of GRANTEE prior to any such change.
(14) GRANTEE shall not use, or permit the use of, the premises for any illegal
purposes. GRANTEE will comply, and will cause its officers, employees, agents,
and invitees to comply, with all applicable laws, ordinances, rules, and
regulations of governing agencies concerning the use of the premises. In the
event that any foundation, site, item, or other feature of archeological,
scientific, or historic interest is encountered during the activities authorized
by this agreement, GRANTEE will immediately cease such activities and will
immediately notify the GRANTOR so that adequate measures may be undertaken to
protect or recover such discoveries or findings, as appropriate. In this-re ard,
GRANTEE is expressly placed on notice of the National Historical Preservation Act
of 1966, (PB- 89 -66, 80 Statute 915; 16 U.S.C.A. 470) and the Antiquities Code of
Texas, Chapter 191, Natural Resources Code.
To the extent allowed by law,
(15) C4RANI'EE agrees to and shall indemnify and hold GRANTOR, its officers,
agents, and employees, harmless for liability or damages of any kind, without
limit and without regard to cause of the damages thereof or the negligence of any
party, except for the consequences of the negligent acts or willful misconduct
of GRANTOR, arising directly or indirectly from GRANTEE'S use of the subject
property or from any breach by GRAND of the terms, covenants, or conditions
contained herein.
(16) In the event that GRANTEE fails to pay any money due under the terms of
this agreement when the same becarmes due, or is in breach of any condition or
covenant set forth herein, the Commissioner of the Texas General Land Office
shall have the right, at his option, to forfeit this agreement and terminate all
rights inuring to the GRANTEE herein by sending written notice of such forfeiture
by United States Mail to the last known address of GRANTEE. Upon sending of such
written notice, this agreement shall terminate and all rights granted herein to
GRANTEE shall revert to GRANTOR (subject to reinstatement by the Commissioner of
the Texas General Land Office at his option)- Such forfeiture and termination
shall not prejudice the rights of GRANTOR for any claim of payments due.
(17) GRANTEE shall remove personal property, structures, and man -made
improvements authorized by this agreement within one hundred twenty (120) days
from the date of termination of this easement. GRANTEE shall take whatever
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measures necessary to restore the area involved as nearly as practicable to the
4D same condition that existed before GRANTEE entered thereon. Upon written request
from GRANTEE, the Commissioner of the Texas General Land Office may grant a
written waiver of the requirements in this paragraph, if he deems such waiver is
in the best interest of the State.
(18) GRAND shall provide GRANTOR with an "as- built" survey for the pipeline
as installed within ninety (90) days of completion of construction of the
pipeline unless the time is extended for good cause by GRANTOR.
(19) GRANTEE further agrees to comply with the following condition(s):
(A) to install and maintain the pipeline to be in compliance with
the requirements of Title 49 of the Code of Federal
Regulations, Part 192 and /or 195 whether or not subject to
federal jurisdiction; and
(B) to install and maintain the pipeline by evenly
backfilling the sand, gravel, soil, or other material
excavated during construction or maintenance work onto
the disturbed area to conform as much as is reasonably
possible with the bottom profile of the adjacent natural
submerged land; and
(C) to avoid shell reefs, submerged grass beds, marshes, and
other sensitive habitats during installation, and /or
maintenance, and /or removal activities; and
(D) to undertake erosion - preventing measures at shorelines,
if applicable, when installing or maintaining the
pipeline by either terracing or excavating cuts, fills,
or other disturbed areas so that they may naturally
vegetate; by seeding cuts and fills as soon as possible
to prevent erosion; or by placing gravel, stone, or rock
in cuts or on fills where site factors make it unusually
difficult to establish a protective vegetative cover;
and
(E) to avoid or minimize clearing of natural vegetation from
river or stream banks, if applicable, when installing or
maintaining the pipeline so that a screen of natural
vegetation is left in the right -of -way or, when
feasible, to cross a river or stream via existing
bridges (subject to safety restrictions) or through an
area already cleared; and
(F) to notify the General .Land Office, in writing, at least
thirty (30) days prior to maintenance work or removal of
the pipeline; and
e
(G) in order to avoid impacts to existing seagrass beds, the
pipeline shall be installed by boring under the subject
seagrass, The pipeline will therefore be directionally
drilled (bored) under and 250 feet beyond the southmost
edge of the seagrass beds; and
(H) the pipeline will be installed utilizing the jetting
method in water depths greater than 4 feet. Then,
except for the section from shore which is to be
directionally drilled under the seagrass, the remaining
portion of the right -of -way is to be excavated with a
marsh buggy backhoe or dragline. The excavated material
will be temporarily stockpiled on the side of the trench
with gaps between stacks of at least twenty -five (25)
feet; and
(I) the pipeline shall be buried in such a manner so as to
evenly backf ill the excavated material back onto the
disturbed area to conform as much as is reasonably
possible with the bottom profile of the adjacent natural
submerged land. Therefore, upon restoration of the
trench, final elevations are to be at or slightly higher
than (no more than 6" above) the surrounding elevations,
so as not to result in a "sump" along any portion of
such when settling occurs; and
(J) should an oyster reef be encountered during the
placement on the pipeline, construction will be halted
and a silt curtain installed to prevent silt from
settling on the reef. Any silt accumulation on
unexpected reefs found within 500 feet of the route will
be blown clean after completion of pipeline
installation; and
(K) if it is determined that impacts have occurred to
seagrasses and /or oyster reefs in the project area,
Grantee will be held fully responsible for providing
mitigation for these impacts as per current General Land
Office policy; and
(L) due to the sensitive nature of the surrounding habitats,
i. e. - seagrasses and oyster reefs, any necessary
repairs, maintenance, or similar activities must be
preceded by at least a thirty (30) day written
notification to the General Land Office Aransas Pass
field office for prior approval; and
o
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(M) Grantee shall notify any contractor (s) in writing of all
of the subject special conditions, and shall provide the
General Land Office Aransas Pass field office with a
copy of such notification_ It is understood that
Grantee shall be, liable for any action of the
contractor(s) that is not consistent with the specific
provisions of this easement agreement.
IN TEST1T90NY WHEREOF, witness my hand and the seal of the Texas General Land
Office this day of , 19
(Date of the Ccumissicner' s signature)
In
CITY OF 13AY'ICW
TITLE
GRANTEE
0
THE STATE OF TEXAS
GARRY MAURO
CamLissioner of the
Texas General Land Of f ice
GRANMR
mnt�ts
Deputy 07n.
Sr.D=puty
Dmcutive
® STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on , 19 ,
by o£ ,
(Name of Officer /Title of Officer) (Narre of Corporation)
a Corporation, on behalf of said corporation.
(State of corporation)
Notary Public
Print name
My com- nission expires:
0 7
•
e
Page 2, Section IV. D. Centerline Description of Right -of -Way:
BEGINNING at the intersection of the East high bank of Cedar Bayou and the survey line between
the Jacob Armstrong Survey Abstract 2 and the Christian Smith Survey Abstract 22, said point being
N 13 °09'53 "W - 201.54 feet from the Northwest corner of the Replat of Cedar Bend Subdivision as
recorded in V. 8, pg. 82, C.C.M.R., THENCE, S77 °06'37 "W - 120 feet along said survey line to the
West high bank of said Cedar Bayou to the POINT OF ENDING of the centerline of a 20 foot
easement being 10 feet either side of the pipeline as constructed. Total length of the easement is 7.27
rods.
EXHIBIT A
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EXHIBIT C
APPLICATION i "41AP
I C.AAJ WATER COMMISSION WASTEWATER DISCHARGE
PERMIT APPLICATION
FOR SEWAGE TREATMENT PLANT TO SERVE
THE -LANDING AT CEDAR BAYOU
UNINCORPORATED CHAMBER' COU`iT`f, TEXAS
The Landing at Czdar Eayou J.V.
HOUSTON, TEX.;.3,
TERRA ASSOCIATES, I'NC.
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