Ordinance No. 7,441AN ORDINANCE
® EXECUTE AND
PIPELINE AND
CORPORATION;
THEREOF.
951012 -10
ORDINANCE NO. 7441
AUTHORIZING AND DIRECTING THE MAYOR TO
THE CITY CLERK TO ATTEST TO A SANITARY
WATER PIPELINE EASEMENT AGREEMENT WITH USX
AND PROVIDING FOR THE EFFECTIVE DATE
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 Sanitary Pipeline
and Water Pipeline Easement Agreement with USX Corporation. 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. ALF O, Mayor
ATTEST:
EILEEN -P. HALL, City Clerk
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR. ity Attorney
0 legal/ councilloctoberll0- 12- 95authEAS EMENTusx
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USX CORPORATION
Grantor
CITY OF BAYTOWN
Grantee
EXHIBIT A
SANITARY SEWER PIPELINE AND WATER PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS that USX CORPORATION,
formerly known as United States Steel Corporation, hereinafter referred to as the
"Grantor ", for the sum of Ten Dollars ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and intending hereby to be
legally bound, does by these presents hereby grant, sell and convey unto the CITY OF
BAYTOWN, a municipal corporation situate in Harris and Chambers Counties, Texas,
hereinafter referred to as the "Grantee ", a nonexclusive easement in and to a parcel of~
land containing approximately 0. 1878 acres in the John Steele Survey described on
Exhibit A attached hereto and made a part hereof, hereinafter referred to as the
"easement ", for the purpose of owning, maintaining, repairing, replacing and removing
by the Grantee an underground water pipeline and an underground sanitary sewer
pipeline and all fixtures and equipment necessary for the operation of said pipelines
which pipelines shall be operated, maintained, repaired and replaced by Grantee at
Grantee's sole cost and expense, subject to the following terms and conditions:
A. Grantee shall exercise due care in all activities being conducted pursuant
to this Easement and Grantee shall be responsible to Grantor for any injuries to person or
persons or damage to property caused by Grantee's carelessness or negligent conduct.
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B. Grantee may cut, trim or remove any bushes or trees on or in the easement
area provided the cuttings and debris are removed.
C. This easement is granted subject to the following which run with and bind
the property:
The grant of a 5 foot wide right of way by Grantor to General
Telephone Company by an instrument dated April 26, 1968, and recorded in the
Recorder's Office of Chambers County, Texas in Volume 296, Page 571.
2. The grant of right of way by Grantor to Big Three Industries by
an instrument dated November 9, 1972, and recorded in the Recorder's Office of
Chambers County, Texas in Volume 339, Page 641.
3. The grant of an 80 foot right of way by Grantor to Houston
Lighting and Power Company by an instrument recorded in the Recorder's Office of
Chambers County, Texas in Volume 307, Page 332.
4. The grant of a right of way by Grantor to Channel Industries Gas
Company by an instrument dated January 31, 1969, and recorded in the Recorder's Office
of Chambers County, Texas in Volume 304, Page 384.
5. The grant of a 60 foot wide right of way by Grantor to Houston
Lighting and Power Company by an instrument dated October 17, 1975, and recorded in
the Recorder's Office of Chambers County, Texas in Volume 377, Page 50.
6. The grant ofa 10 foot wide right of way by Grantor to Continental
Oil Company by an instrument dated February 5, 1979, and recorded in the Recorders
Office of Chambers County, Texas in Volume 432, Pagc 328.
7. All mineral interests and royalties of record including the use of
the surface of the easement property for the exploration and extraction of minerals.
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D. Grantor grants to Grantee the right of ingress and egress over, along and
across Grantor's land for the exercise of its rights granted herein.
E. Grantee agrees to relocation of the pipelines contained in the above
easement upon notice by Grantor that such relocation is required, which relocation shall
be accomplished by Grantor in cooperation .vith Grantee at Grantor's sole cost and
expense. Grantor shall grant to Grantee such additional easements as are required for any
such relocation, which relocation Grantor agrees will only temporarily interrupt the
services provided by the pipelines.
F. Grantor reserves the right to use the easement property described in
Exhibit A provided Grantor's use does not interfere with the easement herein granted, the
equipment installed by or for Grantee on the easement property, or any of Grantee's rights
hereunder. Grantor also reserves the right to grant easements to others over and through
the land described in Exhibit A provided such grants do not interfere with the easement
herein granted, the Grantee's equipment in or on the easement property or any of
Grantee's rights hereunder.
G. If the use of the easement by Grantee involves the property of others or
other easements, Grantee at its sole cost and expense shall make all necessary
arrangements with the property owner or holder.
H. Grantee shall comply with all rules, orders and laws of all local, county,
state and federal authorities applicable to Grantee's activities on and use of the easement
property.
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The provisions hereof shall inure to the benefit of the successors and assigns of
Grantor.
TO HAVE AND TO HOLD the above described easement and other rights herein
granted unto the Grantee, its successors and assigns until the two pipelines shall be
abandoned.
WITNESS the due execution hereof by Grantor and Grantee this day of
m3C2 , 1995.
ATT EST:
RfMI
Assistant Secretary
ATTEST:
City Clerk
0
GRANTOR:
USX CORPORATION
B y
Press ent
USX Realt�-Development
a Division of U. S. Steel Group
GRANTEE:
CITY OF BAYTOWN
By
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Mayor
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared
re,c2,4Q4 Tie. , who being duly sawn according to law�depgs s and says that
he is the PiCCr�dv� T, u.s�c ��hr a�u.� o�`USX Corporation, and t 7arhe is
authorized to execute this Affidavit on its behalf.
Sworn to and subscribed
before me this Z2 -day
of __Se 'o A— '+b¢,,4,- , 1995.
�4otary Public
STATE OF TEXAS )
) SS:
COUNTY OF CHAMBERS )
Notarial Seal
Lillian B. Grindle —N=ry Public
Pittsburgh, Allegheny County
My Cemrrn_sion Expires Doc. 1, 1997
My C- OMMrSStB A&-,o abonolNotwiw
AFFIDAVIT
Before me, the undersigned authority, personally appeared
who being duly sworn according to law, deposes and says that
he is the of the City of Baytown, and that he is authorized to execute
this Affidavit on its behalf.
Sworn to and subscribed
before me this day
of , 1995.
is Notary Public
My Commission Expires:
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