Ordinance No. 7,719960613 -5
ORDINANCE NO. 7719
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN EASEMENT AND
AGREEMENT REGARDING THE PURCHASE AND INSTALLATION OF A
TWELVE INCH WATER LINE WITH HAZELWOOD ENTERPRISES,
INCORPORATED; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF SEVEN THOUSAND THREE HUNDRED EIGHTY -FOUR AND
90/100 DOLLARS ($7,384.90); MAKING OTHER PROVISIONS RELATED
THERETO; 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 and
Agreement Regarding the Purchase and Installation of a Twelve Inch Water Line with Hazelwood
Enterprises, Incorporated. A copy of said agreement is attached hereto, marked Exhibit "A," and
made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment of the sum
of SEVEN THOUSAND THREE HUNDRED EIGHTY -FOUR AND 90/100 DOLLARS
($7,384.90).
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO/ 100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty -five (25 %) or decreased by more than twenty -five (25 %) percent without the
consent of the contractor to such decrease.
Section 4: 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 afFnnative vote of the City Council of the City
of Baytown this the 13th day of June, 1996.
& L
PETE C. ALFARO, Mayor
•
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
n4te� 4i:�� -
ACIO RAMIREZ, SR ity Attorney
c:l council lmeetingsljunelhazelwd.13
•
960613 -Sa
EASEMENT
AND
AGREEMENT REGARDING THE PURCHASE AND INSTALLATION
OF A TWELVE INCH WATER LINE
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Parties. This Easement and Agreement Regarding the Purchase and Installation of a Twelve
Inch Water Line (the "Agreement ") is made and entered into between the CITY OF BAYTOWN,
TEXAS (the "CITY "), whose address for purposes hereof is P.O. Box 424, Baytown, Texas 77522,
and HAZELWOOD ENTERPRISES, INCORPORATED, a Texas corporation ( "HEI "), whose
address for purposes hereof is P. 0. Box 838, Baytown, Texas 77522.
WITNESSETH:
1.1 Easement. Subject to and upon the terms, provisions and conditions hereinafter set forth,
HEI does hereby grant, sell, and convey unto CITY, and CITY does hereby accept from HEI, in
consideration of the duties, covenants and obligations imposed on each party hereunder, a utility
easement above, across, and under certain real property located in Harris County, Texas, which is
more particularly described in Exhibit "A," which is attached hereto and made a part hereof for all
intents and purposes ( "Easement "), together with HEI's rights, title and interest in any improvements
located or to be located thereon pursuant to this Agreement. The Easement shall be in the form as
depicted in Exhibit "B," which is attached hereto and made a part hereof for all intents and purposes.
II.
2.1 HEI's Construction Oblations.
(a) HEI agrees that it will at its own cost and expense construct and/or install in, on, over
and/or under the Easement, the following New Facilities, to -wit: a twelve inch (12 ") water
line extending the entire length of the Easement from Tri-City Beach Road to the site of the
proposed public golf course on Evergreen Road (the "Golf Course "), as well as any and all
appurtenances thereto as are necessary, required or desirable for delivery of water from the
CITY to the Golf Course and the approximate twenty -seven (27) acre tract which is
surrounded by the Golf Course and which tract is presently proposed for development as a
residential subdivision of approximately eighty -four (84) residential lots, as detennined by
the CITY."
Easement and Agreement regarding the Purchase
® and Installation of a Twelve Inch Water Line, Page 1
EXHIBIT A
(b) HEI agrees to comply with all laws, rules or regulations of applicable governmental
authorities, in order to make the lines described herein above meet the quality standards set
by such applicable governmental authorities.
(c) HEI shall be obligated to submit plans and specifications for the construction and/or
installation of the New Facilities (the "Plans and Specifications ") to the City Engineer, for
approval, and/or for required revision and approval, by the City Engineer, within ten (10)
days after the effective date of this Agreement, if it has not already done so at the time of
execution of this agreement. HEI agrees that the Plans and Specifications shall include (i)
the construction and installation of a waterline twelve inches (12 ") in diameter and (ii) the
CITY's standard insurance requirements as further described in Exhibit "C," which is
attached hereto and incorporated herein for all intents and purposes, listing the CITY as an
additional insured on all liability policies and requiring a waiver of subrogation in favor of
the CITY on the workers' compensation policy.
(d) Simultaneously with the execution of this agreement by HEI, HEI shall deposit with
the CITY cash in the amount of FORTY -THREE THOUSAND NINE HUNDRED SIXTY -
TWO AND 20/100 DOLLARS ($43,962.20) to ensure the performance of the construction
and installation of the New Facilities and payment of all persons involved in providing labor
for the project. Such monies will be held by the CITY in an interest - bearing account for the
benefit of HEI and the CITY. Should HEI default in any respect, the CITY is then authorized
to deduct the amount the CITY determines necessary to complete the construction and
installation of the New Facilities or to pay all persons owed money because of his/her work
on the project. Within thirty (30) days after the CITY has finally accepted the New Facilities,
whether performed by the CITY, its agents or HEI, the CITY shall return the monies then
remaining in such account, together with any interest accrued and owing thereon, to HEI.
(e) Upon final approval of such Plans and Specifications by the City Engineer and
issuance of a building permit by the CITY, HEI shall be obligated to begin the construction
and /or installation of such New Facilities in accordance with the approved Plans and
Specifications, within ten (10) days after the date of issuance of such building permit by the
CITY, and continue thereafter in a diligent manner with the construction and/or installation
of such New Facilities, until such work has been completed.
(f) HEI shall keep the City Engineer informed as to the progress of the construction and
installation of such New Facilities, shall provide information regarding the construction as
and when requested by the City Engineer, and shall notify the City Engineer upon completion
of each segment of such work at which the City Engineer desires to make interim
construction inspections. In the event that the City Engineer requests at any stage of the
work, any corrections to the New Facilities and/or additions to such work, provided,
however, that such additions are authorized by this Agreement as a part of the contemplated
Easement nd r the a
and Installation of a Twelve Incb Water Line, Page 2
• New Facilities, then HEI shall be obligated in an expedient manner to make such corrections
and /or additions as are directed by the City Engineer.
(g) Upon completion of the construction and/or installation of the New Facilities, HEI
shall request a final approval by the City Engineer of such work, and shall not use such New
Facilities until the City Engineer has given his final approval of such work.
(h) Except as expressly provided by article III hereinbelow, HEI shall pay all costs and
expenses of construction and/or installation of the New Facilities, including, not by way of
limitation, the costs of all materials, labor and electricity used in connection with such
construction and all license, permit or inspection fees that may be charged by the City
Engineer and/or any other appropriate authority in connection with such work.
(i) Immediately upon final approval of the construction of the New Facilities by the City
Engineer or upon termination of this Agreement, whichever is sooner, the legal title to the
New Facilities shall vest absolutely in the CITY, without the execution of any further written
agreement in regard thereto between the CITY and HEI. Consequently, upon the expiration
of the Term of this Agreement, HEI shall have no right or privilege to remove any part or
portion of the New Facilities; however, in the event that the CITY should request in writing
to HEI within thirty (30) days after the expiration of the Term of this Agreement, or any
extension hereof, that HEI remove all or any designated part or portion of the New Facilities,
then HEI shall be obligated to forthwith comply with such request, at its sole cost and
expense.
III.
3.1 Obligations Regarding the ur a e and In5tallation of the Twelve Inch Water
Both the CITY and HEI shall comply with the following matters in connection with the construction
and/or installation of the New Facilities by HEI, to -wit:
(a) The CITY has previously advertised for bids for the purchase of both a ten inch (10 ") and
a twelve inch (12 ") water line of approximately three thousand feet (3,000 ft.), together with
necessary connections and appurtenances. Such advertisement and opportunity for
competition met all requirements of the charter of the CITY, as well as all competitive
bidding requirements of state law. All expenses associated with this advertisement and
opportunity for completion shall be bome by the CITY.
(b) The CITY has recently received all bids submitted to the CITY as a result of the
aforementioned advertisement and has opened the same in accordance to its standard
procedures. The CITY has determined that the lowest bid submitted a responsible bidder,
in the opinion of the CITY, in regard to the purchase of the twelve inch (12 ") water line and
necessary connection and appurtenances, was submitted by Golden Triangle Pipe (the "Low
Easement and Agreement re ardin the Purchase
• and Instal lation of a Twelve Inch Water Line, Page 3
Bidder "), such bid requiring payment by the CITY of TWENTY -SIX THOUSAND
• THIRTY -SEVEN AND NO /100 DOLLARS ($26,037.80) for the purchase of three thousand
and sixty feet (3,060 ft.) of the twelve inch (12 ") water line and necessary connections and
appurtenances (the "Twelve Inch (12 ") Water Line Purchase Price "). The Low Bidder also
submitted a bid which would require payment by the CITY of EIGHTEEN THOUSAND
SIX HUNDRED FIFTY -THREE AND 90/100 DOLLARS ($18,653.90) for the purchase of
a similar amount of ten inch (10 ") water line and necessary connections and appurtenances
(the "Ten Inch (10 ") Water Line Purchase Price "), the difference in such two (2) purchase
prices being the sum of SEVEN THOUSAND THREE HUNDRED EIGHTY -THREE AND
90/100 DOLLARS ($7,383.90) (the "Purchase Price Difference"), HEI and the CITY agree
that the contract for the purchase of the three thousand and sixty feet (3,060 ft.) of twelve
inch (12 ") water line and necessary connections and appurtenances required to complete the
New Facilities, shall be entered into between the CITY and the Low Bidder, and that HEI
shall participate in the payment of the amount of such contract as hereafter provided.
(c) HEI agrees to pay to the CITY, for use by the CITY in paying the aforementioned
Twelve Inch Water Line Purchase Price, the amount of the Ten Inch Water Line Purchase
Price, which amount has been paid by HEI to the CITY simultaneously with the execution
of this Agreement, the receipt of which is hereby acknowledged by the CITY. The CITY
agrees that it will forthwith enter into the aforementioned contract to purchase the required
three thousand and sixty feet (3,060 ft.) of twelve inch (12 ") water line and necessary
connections and appurtenances from the Low Bidder, and that it will pay the Contract
Difference, together with the funds which have on this date been paid to the CITY by HEI,
to the Low Bidder in payment for the purchase price of the aforementioned twelve inch (12 ")
water line and necessary connections and appurtenances. The CITY agrees that it will
request that the Low Bidder deliver such twelve inch (12 ") water line and necessary
connections and appurtenances, to the Easement, to be spread along such Easement as
directed by HEI and approved by the CITY. Both HEI and CITY agree that entering into the
aforementioned contract with the Low Bidder and payment of the amount of the Contract
Difference, shall be the City's sole financial responsibility and/or obligation regarding the
purchase and the construction and/or installation of the New Facilities.
(d) HEI shall at all times during the Term of this Agreement comply with the Indemnity
Provisions, as hereinafter set forth and contained.
IV.
4.1 Term. Subject to and upon the terms and conditions set forth herein, this Agreement
shall continue in force and effect from the Effective Date (as hereafter defined) until the final
completion and acceptance of the project by the CITY, at which time the New Facilities will be
Easement and Agreement regardina the c a
and Installation of a Twelve Inch Water Line, Page 4
0 conveyed to the CITY. HEI agrees that the project shall be finally complete on or before the 15th
day of August, 1996.
V.
HEI covenants and agrees with the CITY as follows, to -wit:
5.1 Payments by HEL To pay HEI's officers, agents, employees or assigns who are charged
with the obligation of purchasing all or any portion of the New Facilities, other than the twelve inch
(12 ") water line, and installing the same ( "Contractor ") in a timely manner, consistent with the
agreement and the Plans and Specifications and to pay all payments or other sums provided to be
paid to the CITY hereunder at the times and in the manner herein provided.
5.2 Damages Caused by_HEL At its own cost and expense, to repair or replace any
damage or injury done to the New Facilities during the construction of the same, or any part thereof,
caused by HEI or HEI's agents, employees, invitees or visitors, and to make, construct and/or install
all improvements, repairs or replacements required of HEI by this Agreement. If the City Manager
of the City of Baytown (the "City Manager "), in his sole discretion, determines that the New
Facilities are not being repaired and/or replaced or constructed in accordance with the terns of this
Agreement, the City Manager shall so notify HEI in writing and require HEI to perform the identified
work forthwith and continue diligently therewith until completion. If more than ten (10) days are
reasonably required to complete the making, construction and/or installation of such improvements,
repairs or replacements, then the CITY may, at its option, extend such period. If the condition
persists after the expiration of ten (10) days from the date of the notice or, if applicable, from the
expiration of any extension granted, the City Manager may declare HEI in default and terminate this
agreement and seek any other appropriate remedy which may be available to the CITY, including,
but not limited to, making such improvements, repairs or replacements at HEI's sole cost and
expense. It is understood if such repairs, improvements or replacements are made by the CITY, HEI
agrees to pay the cost thereof to the CITY on demand.
5.3 Assignment. In the event that HEI should desire to assign this Agreement or any part
thereof, HEI understands that no such assignment of this Agreement or any part thereof shall be
effective, without the express, prior written consent of the CITY, which consent may be granted or
denied in the sole discretion of the CITY. Notwithstanding the execution of any subsequent
assignment of this Agreement by HEI to any other person or entity who may have been approved by
the CITY to participate in any such assignment, such assignment shall in nowise release HEI of any
of its liabilities, obligations or indemnities made herein by HEI to the CITY, unless the CITY elects
to do so by execution of a subsequent written release of HEI of the terms and provisions of this
Agreement, after request therefor to the CITY by HEI. The execution of any subsequent request
release may be consented to or denied in the sole discretion of the CITY.
Easement and Agreement regarding the Purchase
® and Installation of a 'Twelve Inch Water Line, Page 5
• 5.4 Alterations. Modifications, Changes. Not to permit the any alterations, modifications,
or changes in the Plans and Specifications for the construction and/or installation of the New
Facilities without first obtaining the written consent of the CITY, which consent may be given or
denied in the sole discretion of the CITY. However, any and all such alterations, modifications or
changes, when finally approved by the City Engineer and accepted by the CITY, shall at once
become the property of the CITY and shall be surrendered to the CITY upon the termination of this
Agreement.
5.5 Laws and Regulations. To comply with all laws, ordinances, orders, rules and
regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof)
relating to the purchase, use, construction, and/or installation of the New Facilities.
5.6 Ent for In5pection. To permit the CITY or its agents or representatives to enter into
and upon any part of the Easement to inspect same at any reasonable hour without notice prior to the
conveyance of the Easement.
5.7 Nuisance. To ensure that at all times during the term of this Agreement, the Easement
as well as all areas in any way or mariner affected by the construction and/or installation of the New
Facilities and the operation of HEI's business or that of its contractors or subcontractors is conducted
in such manner as not to create any nuisance, in, on or around the Easement.
VI.
6.1 Indemnity. In consideration of the execution of this Agreement by the CITY, HEI
agrees to INDEMNIFY, HOLD HARMLESS, and DEFEND the CITY from all claims, losses,
causes of actions, damages, suits and other liabilities of every kind, including, all expenses of
litigation, court costs, and attorneys' fees, that the CITY may hereafter incur arising out of or in
connection with the ownership of the Easement, the construction, installation, and/or use of the New
Facilities, or any other event arising out of the terms and conditions of this Agreement, said
agreement of HEI in regard to such matter to be controlled by the following specific terms and
provisions of such Indemnity, to -wit:
(i) The following terms shall have the following meanings in this Agreement:
(a) "Remediation" shall mean an action that a federal or state governmental
agency mandates, or would mandate if they were to issue an order, to
remediate a condition of any part or portion of the Easement (and any off -site
condition directly related thereto) that exists, as specified in and required by
"Environmental Laws" that are applicable to such Easement.
Easement and Agreement regarding the Purchase
® and Installation of a Twelve Inch Water Line, Page 6
(b) "Environmental Laws" shall mean any and all laws, statutes, regulations,
rules or orders of any state or federal governmental agency pertaining to the
environment whose purpose is to protect the environment or wildlife and that
are now or hereafter in effect in any and all jurisdictions in which the
Easement are located, including, without limitation, the Clean Air Act, as
amended ( "CAA "); the Federal Water Pollution Control Act, as amended
( "CWA "), the Rivers and Harbors Act of 1899, as amended; the Safe
Drinking Water Act, as amended ( "SDWA "); the Comprehensive
Environmental Response, Compensation and Liability Act, as amended
( "CERLA "); the Superfund Amendments and Reauthorization Act of 1986,
as amended ( "SARA "); the Resource Conservation and Recovery Act, as
amended ( "RCRA "); the Hazardous and Solid Waste Amendments Act of
1984, as amended; the Toxic Substances Control Act, as amended
( "TSCA "); the Hazardous Materials Transportation Act, as amended; and
the Oil Pollution Act of 1990 ( "OPA ").
(c) "Remediation Costs" shall mean direct costs incurred for Remediation, but
shall exclude any costs incurred by HEI in due diligence studies conducted
by HEI in regard to the Easement.
(ii) Upon execution of this Agreement, HEI agrees to be responsible for all liabilities
(including any Remediation Costs attributable thereto) arising from any
environmental conditions, whether discovered before or after the execution of this
Agreement. HEI shall be responsible for performing Remediation of or otherwise
discharging all liabilities arising from environmental conditions of the Easement.
(iii) HEI has made diligent inspection of the Easement and the propose construction and
hereby acknowledges that it has taken the results of such inspection into account in
its decision to assume all environmental liabilities related to the construction in, on
and under the Easement.
(iv) Throughout the term of this Agreement, HEI and its contractor shall comply with
prudent safety procedures, and HEI assumes responsibility for the safety of personnel
and property of both HEI and HEI's contractors. HEI agrees to exercise precautions
and conduct all actions at or on the Easement in a way that will assure the safety of
persons and property.
(v) Upon execution of this Agreement, HEI (the "HEI Indemnitor") agrees to release,
indemnify, hold harmless and defend the CITY, its officers, directors, Mayor,
Council Members, employees, contractors, representative, successor and assigns
(hereafter individually and collectively, the "CITY Indemnitee ") from all "Claims"
(as defined below) asserted against,the CITY Indemnitee by any person or entity
Easement and Agreement regarding the Purchase
® and Installation of a Twelve Inch Water Line, Page 7
arising from or related to the CITY's Indemnitee's ownership, operation, use, repair,
removal or control of the Easement or New Facilities during the term of this
Agreement.
(vi) IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH HEI AND THE
CITY, THAT THIS RELEASE, INDEMNITY, HOLD HARMLESS
PROVISION AND THE OBLIGATION TO DEFEND SHALL APPLY TO
CLAIMS THAT MAY ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR
STRICT LIABILITY OF THE CITY INDEMNITEE, WHERE THAT
NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR
STRICT LIABILITY IS A CONCURRING CAUSE OF THE INJURY,
DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY
CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY
WHERE THE INJURY, DEATH OR DAMAGE RESULTS SOLELY FROM
THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT,
OR STRICT LIABILITY OF THE CITY INDEMNITEE UNMIXED WITH
THE FAULT OF ANY OTHER PERSON OR ENTITY.
(vii) If any provision of this Section VI, or any portions thereof, should be deemed invalid
or unenforceable pursuant to a final determination of any court of competent
jurisdiction or as a result of future laws, such determination or action shall be
construed so as not to affect the validity or effect of any other portion or portions of
this Section VI which are not held to be invalid or unenforceable.
(viii) The tenns "Claim" and "Claims" as used in this Indemnity mean all liability, costs,
expenses, claims, demands, fines, penalties, causes of action or other obligation of
whatever nature, whether under express or implied contract, at common law or under
any applicable law, rule or regulation, including, without limitation, applicable
Environmental Laws.
(ix) If any action, suit, proceeding or claim is commenced, or if any claim, demand or
assessment is asserted, by a third party in respect of which any person is entitled to
be indemnified hereunder (the "Indemnified Party "), the Indemnified Party may
defend against the action, suit, proceeding or claim and enter into any reasonable
compromise or settlement. The Indemnified Party may thereafter collect from the
Indemnitor hereunder the reasonable costs and expenses related to such defense and
compromise or settlement, if applicable, including with limitation, attorneys' fees,
together with the amount paid or owed to such third party pursuant to the action, suit,
proceeding, claim, demand, compromise or settlement. If the person handling the
action, suit, proceeding or claim on behalf of the Indemnified Party has actual
Easement and Agreement regarding the Purchase
and Installation of a Twelve Inch Water Line, Page 8
knowledge of the existence of the Indemnity in this Agreement and determines that
the Indemnified Party will seek to enforce the Indemnity under this Agreement, then
such person will try to provide Indemnitor with reasonable notice of the action, suit
or proceeding which such person is handling. .
(x) HEI REPRESENTS TO THE CITY THAT HEI HAS KNOWLEDGE AND
EXPERIENCE IN THE CONSTRUCTION AND OVERSIGHT OF THE
CONSTRUCTION AND INSTALLATION OF THE NEW FACILITIES, AND
THAT HEI HAS EVALUATED THE MERITS AND RISKS OF
CONSTRUCTING THE NEW FACILITIES ON THE EASEMENT AND HAS
FORMED AN OPINION BASED SOLELY UPON HEFS KNOWLEDGE AND
EXPERIENCE AND NOT UPON ANY REPRESENTATIONS OR
WARRANTIES BY THE CITY.
(xi) HEI further represents to the CITY that it is a legal entity validly existing and in good
standing under the laws of the State of Texas and is duly qualified to transact
business in all jurisdictions wherein the nature of its business or ownership of its
assets requires such qualification.
(xii) HEI further represents to the CITY that it has all requisite legal power and authority
to enter into this Indemnity, this Agreement and all other documents or Indemnity
contemplated hereby, and to perform its other obligations under this Agreement. To
the best of HEI's knowledge, the consummation of transaction contemplated by this
Agreement and Indemnity will not violate, constitute a default under, or be in conflict
with (a) any provision of its charter, bylaws or governing documents; (b) any
agreement or instrument to which it is a party or by which it is bound; or (c) any
judgment, order or decree which is applicable to HEI. The execution, delivery and
performance of this Agreement and Indemnity and the transactions contemplated
hereby, have been duly and validly authorized by all requisite action on the part of
HEI, and HEI shall have, from and after the date of execution of this Agreement, full
right, power and authority to perform all obligations required herein. This Indemnity
has been duly executed and delivered on behalf of HEI, and all documents and
instruments required under this Indemnity to be duly executed and delivered by HEI,
shall be duly authorized, executed and delivered at the specified time.
(xiii) HEI further represents to the CITY that this Indemnity and this Agreement and all
documents and instruments required hereunder to be executed and delivered by HEI
constitute legal, valid and binding obligations of HEI, enforceable against HEI in
accordance with their respective terms.
(xiv) HEI fitrther represents to the CITY that it has not incurred any obligation or liability,
contingent or otherwise, for brokers' or finders' fees in connection with the
Easement and Agreement regarding the Purchase
40 and Installation of a Twelve Inch Water Line, Page 9
® transactions contemplated by this Agreement and Indemnity, for which the CITY
shall have any responsibility or liability. HEI agrees to pay and to indemnify fully,
hold harmless and defend the CITY and its Affiliates from and against, and pay, any
claims by any person alleging a right to a brokers' or finders' fee based upon any
action of HEI or its Affiliates in connection with these transactions.
(xv) Neither this Agreement nor any document executed or delivered in connection with
this Agreement, nor any provision of or performance under any of them, shall
constitute or be construed as a finding or serve as evidence of, an admission or
acknowledgment of any liability, fault, or past or present wrongdoing, or violation
of any Iaw, rule, regulation or policy, by either HEI or the CITY, or their respective
officers, directors, employees, Council Members, Mayor, attorneys or agents.
(xvi) No provision of this Agreement or any document executed or delivered pursuant to
or in connection with this Agreement, or the performance of any obligation in
connection with any such provisions hereof, shall be interpreted or construed to
create any rights of any kind or nature whatsoever in any person or entity not a party
hereto.
(xvii) The indemnity contained in this article shall survive the expiration of this contract
and may be asserted at any time at the sole discretion of the CITY.
VII.
HEI and the CITY mutually covenant and agree as follows:
7.1 Liquidated Damages. HEI and the CITY understand and agree that the failure to pay or
perform any obligation contained in this Agreement by HEI, its agents, its successors or assigns will
cause damage to the CITY and further agree that such damages cannot be accurately measured and
that ascertainment of the same will be difficult. Therefore, the parties agree that for each and every
calendar day that HEI, its agents, successors or assigns fail to pay or perform in a timely manner, HEI
agrees and promises to pay as compensation for the same a minimum of $100.00. Additionally, the
CITY may make a claim under HEI's public liability, property damage insurance policies in effect.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by HEI
and the CITY as to the minimum amount of damages which the CITY will sustain in any event by
reason of damage or injury to any facility or improvement or by reason of the failure of HEI to timely
pay or convey the Easement and New Facilities to the CITY. Should the CITY suffer damages over
and above the minimum amount specified, the CITY shall recover such additional amount. All such
remedies shall be cumulative and the City shall not be required to elect any nor deemed to have made
an election by proceeding to enforce any one remedy.
Easement and Agreement regarding the Purchase
and Installation -of -a Twelve Inch Water Line, Page 10
7.2 Damage by Fire. Explosion or Other Cause. In the event of damage by fire, explosion
®
or any other cause to the Easement or the New Facilities prior to the conveyance of the New
Facilities to the CITY, HEI shall have the obligation to repair and /or replace the damages caused
by such fire, explosion or other cause, at its sole costs and expense.
7.3 Alteration of Agreement. This Agreement may not be altered, changed or amended,
except by an instrument in writing, signed by both parties hereto.
7.4 Assignment or Sale by CITY. The CITY shall have the right to transfer and assign, in
whole or in part, all its rights and obligations hereunder, and upon such transferee's assuming in
writing all obligations of the CITY hereunder, no further liability or obligation shall thereafter
accrue against CITY hereunder.
7.5 Default by HEI. The CITY shall have the right to declare HEI in default and
immediately terminate the Agreement without notice, unless otherwise specified herein, or exercise
any other rights or remedies available hereunder or as a matter of law if HEI:
(a) Fails to timely pay any installment of rent or make any other payment of
money due hereunder, or
(b) Defaults in the performance of any other obligation imposed upon HEI
hereunder and does not cure the default within fifteen (15) days (unless
another period of time is specified herein) after written notice describing the
default in reasonable detail has been given HEI (or, if the CITY in its sole
discretion, determines that the default cannot reasonably be cured within the
fifteen (1S) day period, if HEI does not commence curative work within the
fifteen (15) day period and prosecute the work to completion with diligence),
or
(c) Institutes proceedings, whether voluntary or otherwise, under the provisions
of the Federal Bankruptcy Act or any other federal or state law relating to
bankruptcy or insolvency, or
(d) Makes any assignment without the written approval of the CITY, or
(e) Abandons the construction and/or installation during the term of this
Agreement, or any extension hereof.
Should the CITY terminate this Agreement for cause, HEI shall forthwith repay the CITY
all monies which the CITY expended in oversizing the water line and shall be entitled to recover
as damages a sum of money equal to the total of (i) the cost of upgrading the ten inch (10 ") diameter
water line to a twelve inch (12 ") water line, (ii) the costs expended in the advertisement for bids
Easement and Agreement regarding the Purchase
• and Installation of a Twelve Inch Water Line, Page I l
® termination, (iii) any other sum of money owed by HEI to the CITY, all of which sums shall accrue
interest thereon at the rate of one percent (1 %) per month from the due date, and (iv) any other
damages, whether in law or equity to which the CITY may be entitled. Any and all defaults
reasonably declared by the CITY shall be final and binding upon HEI.
7.6 Non - Waiver. Failure of the CITY to declare any default immediately upon occurrence
thereof, or delay in taking action in connection therewith, shall not waive such default, but the CITY
shall have the right to declare any such default at any time and take such action as might be lawful
or authorized hereunder, either in law or in equity.
7.7 Liability Insurance. HEI shall, at its expense, maintain at all times during this
Agreement and any extension thereof, a policy or policies of comprehensive general liability
insurance covering the construction, materials and Easement, with the premiums thereon fully paid
on or before due date, issued by and binding upon some insurance company selected by HEI and
approved by the CITY, such insurance to afford minimum protection of not less than ONE
MILLION AND N01100 DOLLARS ($1,000,000.00) in respect of personal injury or death in
respect to any one occurrence, and of not less than ONE HUNDRED THOUSAND AND NO /I00
DOLLARS ($100,000.00) for property damage in any one occurrence. The CITY shall be named
as an "Additional Insured" in such policy, and HEI shall furnish the CITY with a "Memorandum
Copy" of such policy. The policy shall give the CITY thirty (30) days' notice prior to cancellation.
7.8 Hold Harmless. The CITY shall not be liable to HEI, or to HEI's agents, servants,
employees, customers or invitees for any damage to person or property caused by an act, omission
or neglect of the CITY and/or HEI, and/or their respective agents, servants, employees, officers,
successors and assigns, and HEI agrees to indemnify and hold the CITY harmless from all liability
and claims for any such damage. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH HEI AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH IS AN INDEMNITY BY HEI TO INDEMNIFY AND PROTECT THE
CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY,
DEATH OR DAMAGE.
7.9 'ce . All notices required or permitted to be given hereunder may be given by letter
sent via registered or certified mail, return receipt requested, telegram, or any other form of written
communication and shall be deemed to be duly served and given for all purposes:
(a) To the CITY when received at:
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522
Fax: 420 -6586
Easement and Agreement regarding the Purchase
• and Installation of a Twelve Inch Water Line, Page 12
•
(b) To HEI when received at HEI's office:
Hazelwood Enterprises, Incorporated
President
P.O. Box 838
Baytown, Texas 77522
Fax: 422 -4580
as the case may be. Any party may change the address for the giving of notices to it by giving due
notice of the new address to the other parties, provided that the new address must be at a place in the
United States where the mail and either mailgrams or telegrams or similar communications are
regularly received. Notice given by mail shall be deemed given three (3) days after the date of the
mailing of the same to the above- referenced address.
7.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successor, legal representatives and assigns of the CITY, and shall be binding upon and inure to the
benefit of HEI, its successors and, to the extent assignment may be approved by the CITY hereunder
and/or not required to be approved by the CITY by the terms and provisions hereof, upon and for the
benefit of HEI's assigns. The pronouns of any gender shall include the other genders, and either the
singular or the plural shall include the other. The headings as to contents or particular articles or
sections herein are inserted only for convenience, and they are in no way to be construed as a part
of this Agreement or as a limitation on the scope of the particular sections to which they refer.
7.11 Remedies Cumulative. All rights and remedies of the CITY and/or HEI under this
Agreement, shall be cumulative and none shall exclude any other rights or remedies allowed by law.
This Agreement is declared to be a Texas contract, and all of the terms thereof shall be construed
according to the laws of the State of Texas.
7.12 Entire Agreement ,and Limitation of Warranties. It is expressly agreed by the CITY
and HEI, as a material consideration for the execution of this Agreement by each of such parties, that
this Agreement, with any specific references to written extrinsic documents, is the entire agreement
of the parties; that there are, and were, no verbal representations, warranties, understandings,
stipulations, agreements or promises pertaining to this Agreement, or the expressly mentioned
written extrinsic documents, not incorporated in writing in this Agreement. It is likewise agreed that
this Agreement may not be altered, waived, amended or extended, except by an instrument in writing
signed by both Lessor and Lessee, unless such a written agreement is expressly waived by the terns
and provisions hereof as to any particular matter.
Easement and Agreement e i th a
Mand Installation of a Twelyp Inch WaterLinel Page 13
® 7.13 Venue. Both parties hereby irrevocably agree that any legal proceeding arising out
of or in connection with this Agreement shall only be brought in the District Courts of Harris
County, Texas, or in the United States District Court for the Southern District of Texas, Houston,
Harris County, Division.
7.14 Agreement Read. The parties acknowledge that they have read, understand and intend
to be bound by the terms and conditions of this Agreement.
7.15 Multiple Ori ig nals_ It is understood and agreed that this Agreement may be executed
in a number of identical counterparts each of which shall be deemed an original for all purposes.
IN TESTIMONY OF, the parties hereto have executed this Agreement effective as
of the _ j� day of , 1996.
ATTEST: ;
Df1f1�2�
EILEEN P. HALL, City Clerk
i
APPROVED AS TO FORM:
ACIO RAMIREZ, ., City Attorney
CITY OF BAYTOWN, TEXAS
PETE C. ALFA , Mayor
HAZELWOOD ENTERPRISES, INCO ORATED
By:
TIM 6AZELWOOD, President
Easement and Agreement regarding the Purchase
and Installation of a Twelvc Inch Water Line, Page 14
® STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared Tim Hazelwood, in his capacity as President of
Hazelwood Enterprises, Incorporated, on behalf of such corporation, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this /d day of , 1996.
,L lJ
t��A K. I otary Public in and for the State of Texas
v �
OF I
c Aco ntractlhazc I woo. p i p
Easement and Agreement regarding the Purchase
® and Installation of a Twelve Inch Water Line, Page 15
riHY zs ' yo 14:4,e hHLELWUUJ t1V I t}<Yk i 5t5 1 tilt. Y l s4224560 TO
THE STATE OF TEXAS)
® COUNTY OF HARRIS?
•
713 420 6586 PO
FIELD NOTES of five (5) easements situated in the William Scott
Lower League, Abstract No. 65, Barris County, Texas. Each
easement is more particularly described by metes and bounds as
follows, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID HEARINGS AND ALL COORDINATES
REFER TC THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE
STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
EASEMENT NO. 1 - 15 FOOT UTILITY EASEMENT - 0.2940 ACRES
BEING a 0.2940 of an acre tract of land out of and a part of a
192:9755 acre tract of land called TRACT ONE in a deed from
Ashbel Smith Land, Ltd. to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas.
BEGINNING at a 1/2 inch iron rod found for East corner of this
easement -and the East corner of said 192.9755 acre tract of land
at the intersection of the West right of way line of Tri -City
Beach Road, 80 foot right of way, and the Northwest right of way
line of Evergreen Road, 60 foot right of way, as occupied. This
corner has a State Plane Coordinate Value of Y = 704,759.64 and
X - 3,284,462.24.
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the Northwest line of Evergreen Road as
occupied a distance of 848.78 feet to a 1/2 inch iron rod set for
the South corner of this easement.
THENCE North 41 deg 55 min 29 sec west with the Southwest line of
this tract of land a distance of 15.00 feet to a 1/2 inch iron
rod set for the West corner of this easement.
THENCE North 48 deg 15 min 56 sec East with the Northwest line of
this easement a distance of 658.78 feet to a 1/2 inch iron rod
set for the North corner of this easement in the Northeast line
of said 192.9755 acre tract of land and the West right of way
line of Tri Cities Beach Road.-
THENCE South 08 deg 10 min 50 sec East with the Northeast line of
this easement, the Northeast line of -said 192.9755 acre tract of
land and the West right of way line of Tri City Beach Road a
distance of 18.00 feet to the PLACE OF BEGINNING, containing
within this easement 0.2940 of an acre of land.
EXHIBIT A
•
•
MAY 23 '96 14:43 HAZELWOOD ENTERPRISES INC.
PAGE NO. 2 - FIVE RASEMENTS
7134224580 TO: 713 420 6586 PO
EA.SWUN'T NO. 2 - 10 FOOT UTILITY EASEMENT - 0 . 013 8 ACRES
BEING a 0.0138 of an, acre tract of land out of a portion of the
residue of the 1541 acre tract of land conveyed to Ashbel Smith
Land Company by B. W. Armstrong by deed dated November 29, 1935,
and recorded in Volume 996 at Page 379 of the Deed Records of
Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 1 of this survey in
the occupied Northwest right of way line of Evergreen Road, 60
foot right of way, and the Southwest line of a 192.9755 acre
tract of land called TRACT ONE in a deed from Ashbel Smith Land,
Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995, and
recorded at County Clerk's File Number R 462464 of the Official
Public Records of Real Property of Harris County, Texas. From
-- -this- corner a 1/2 inch iron rod at the East corner of said
192.9755 acre tract of Land and the intersection of west right of
way lane of Tri City Beach Road and the occupied Northwest right
Of way line of Evergreen Road, 60 foot right of way, bears North
48 deg 15 -min 58 sec East 848.78 feet. This BEGINNING corner has
a State Plane Coordinate Value of Y 704,194.70 and
X to 3,283,828.91.
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 60.00 feet to a 1/2 inch iron rod
set for the South corner of this easement in the Northeast line
of a 12.7608 acre tract of land called TRACT TWO in a deed from
Ashbel Smith Land, Ltd. to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas.
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this easement and with the line of said 12.7608 acre tract of
land at distance of 10.00 feet to a 1/2 inch iron rod set for the
West corner of this easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest line of
this easement a distance of 60.00 feet to a 1/2 inch iron rod set
for the North corner of this easement in the line of said
192.9755 acre tract of land and the Southwest line of HASEMBNT
NO. 1 of this survey.
TSHNCB South 41 deg 55 min 29 sec East with the Northeast line of
this easement, the Southwest lino or EASEMMU NO. 1 of this
survey and the line of said 192.9755 acre tract of land a
distance of 10.00 feet to the PLACE OF BEGINNING, containing
within said boundaries 0.0138 of an acre of land.
MHY 4.5 _p0 14:4-) hH/_i-_L(JJUU 1IV_ Yl,S42247oe3 I J:
® PAGE NO. 3 - FIVE EASEMENTS
EASM43NT NO. 3 -- 10 FOOT UTILITY EASEMENT - 0 .4330 ACRES
713 420 65SS PCB
BEING a 0.4330 of an acre tract of land out of a 12.7608 acre
tract of land called TRACT Two in a deed from Ashbel Smith Land,
Ltd_ to Hazelwood Enterprises, Inc., dated ,Tune 30, 1995, and
recorded at County Clerk's Pile Number R 462464 of the Official
Public Records of Real Property of Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the South corner of this
easement in the Northwest occupied right of way line of Evergreen
Road, 60 foot right of way, and in the Southwest line of said
12.7608 acre tract of land. From this corner a 1/2 inch iron rod
at the East corner of said 192.9755 acre tract of land and the
intersection of West right of way line of Tri City Beach Road and
the Northwest right of way line of Evergreen Road, 60 foot right
of way, bears North 48 deg 15 min 58 sec East 2794.54 feet. This
BEGINNING corner has a State Plane Coordinate Value of
Y = 702,899.60 and X = 3,282,377.05.
THENCE North 41 deg 55 min 29 sec West with the Southwest Line of
this easement and the Southwest line of said 12.7608 acre tract
of land a distance of 10.00 feet to a 1/2 inch iron rod set for
the West corner of this easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest line of
this easement a distance of 1885.76 feet to a 1/2 inch iron rod
set for the North corner of this easement and the West corner of
EASEMENT NO. 2 of this survey in the Northeast line of said
12.7608 acre tract of Land.
THENCE South 41 deg S5 min 29 sec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 2 and the
Northeast line of said 12.7608 acre tract of land a distance of
10.00 feet to a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 2 of this survey.
This corner is in the occupied Northwest right of line of
Evergreen Road.
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 1885.76 feet to the PLACE OF
BEGINNING, containing within said boundaries 0.4330 of an acre of
land.
r1HY 2_� ' Sb 14:44 i- HZELWUUU LN I t Hk I tiES INC. 7134224580 TO: 713 429 6586 N
PAGE NO. 4 - FIVE BASEMENTS
EASEMENT NO. 4 - 10 FOOT UTILITY EASEMENT - 0.0138 ACRES
BEING a 0.0138 of' an acre tract of land out of a portion of the
residue of the 1541 acre tract of land conveyed to Ashbel Smith
Land Company by B. W. Armstrong by deed dated November 29, 1935,
and recorded in Volume 996 at Page 379 of the Deed Records of
Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 3 of this survey in
the occupied Northwest right of way line of Evergreen Road, 60
foot right of way, and in the Southwest line of a 12.7608 acre
tract of land called TRACT TWO in a deed from. Ashbel Smith Land,
Ltd, to Hazelwood Enterprises, Inc., dated June 30, 1995, and
recorded at County Clerk's File Number R 462464 of the Official
._._..Public. Records of Real Property of Harris County, Texas. From
this corner a 1/2 inch iron rod at the East corner of a 192.9755
acre tract of land called TRACT ONE in a deed from Ashbel Smith
Land, Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995,
and recorded at County Clerk's File Number R 462464 of the
Official, Public Records of Real Property of Harris County, Texas.
and the intersection of the West right of way line of Tri City
Beach Road and the occupied Northwest right of way line of
Evergreen Road, 60 foot right of way, bears North 48 deg 15 min
58 sec East 2794.54 feet. This BEGINNING corner has a State
Plane Coordinate Value of Y - 702,899.60 and X = 3,282,377.05.
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 60.00 feet to a 1/2 inch iron rod
set for the South corner of this easement in the Northeast line
of said 192.9755 acre tract of land.
THENCU North 41 deg 55 min 29 sec West with the Southwest line of
this easement and with the Northeast line of said 192.9755 acre
tract of land a distance of 10.00 feet to a 1/2 inch iron rod set .
for the West corner of this.easement.
THENCE North 48 deg 15 min 58 sec Bast with the Northwest line of
this eacement a distance of 60.00 feet to a 1/2 inch iron rod set
for the North corner of this easement and the West corner of
EASBI4ENT NO. 3 of this survey. in the Southwest line of said
12.7606 acre tract of land.
THENCE South 41 deg 55 min 29 sec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 4 of this
survey and the Southwest line of said 12.7608 acre tract of land
a distance of 10.00 feet to the PLACE OF BEGINNING, containing
within said boundaries 0.0138 of an acre of land.
•
•
•
MAY 23 •96 14:45 FAZELLOOB ENTERPRISES INC. 7134224580
PAGE NO. 5 - FIVE EASEMENTS
70: 713 420 6586 P0:
Ma,��: lei_ �.�e�i:[��"��i�;iih��i�����1�'� ��`j�1�tx����T : • _ «: s
BEING a 0.3684-of an acre tract oP land out of and apart of a
192.9755 acre tract of land called TRACT ONE in a deed from
Ashbel Smith Land, Ltd. to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas.
BEGINNING at a 1/2 inch iron rod set for the South corner of this
easement in the Southwest line of said 192.9755 acre tract of
land and in the occupied Northwest right of way line of Evergreen
Road, 60 root right of way. From this corner the East corner of
said 192.9755 acre tract of land and the intersection of the west
right of way line of Tr-i City Beach Road, 80 foot right of way,
and the Northwest right of way line of Evergreen Road, 60 foot
right of way bears North 48 deg 15 min 58 sec East 4459.06 feet.
This BEGINNING corner has a State Plane Coordinate Value of
Y - 701,791.69 and X = 3,281,135.04.
THENCE North 41 deg 46 min 15 sec West with the Southwest line of
this easement and the Southwest line of said 192,9755 acre tract
of sand a distance of 10.00 feet to a 1/2 inch iron rod set for
the West corner of this easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest 'line of
this easement a distance of 1604.49 feet to a 1/2 inch iron rod
set for the North corner of this Qasement and the West corner of
EASETU:NT NO. 4 of this survey in the Northeast line of said
192.9755 acre tract of land.
THENCE South 41 deg 55 min 29 sec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 4 of this
survey and the Northeast line of said 192.9755 acre tract of land
a distance of 10.00 feet to a 1/2 inch iron rod set for the East
corner of this easement and the South corner of EASEMENT NO. 4 of
this survey in the occupied Northwest right of way line of
Evergreen Road.,
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen. Road a distance of 1604.52 feet to the PLACE OF
BEGINNING, containing within said boundaries 0.3684 of an acre of
land.
SURVEYED: April, 1996
•
•
mA 23 ` 56 14:46 HHZtLI. UUD EN 7 ERHH f Sc5 INC.
PAGE No. 6 - FIVE EASEMENTS
7134224580 T0: 713 420 6526 Pot
SURVEYOR'S CBRTIPICATE
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 and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 26th., day
of April, A.D., 1996,
REG. PROFESSIONAL LAND SURVEYOR
NO. 1610
95- 4675.FDN
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1
UTILITY EASEMENT
® STATE OF TEXAS §
COUNTY OF HARRIS §
•
KNOW ALL MEN BY THESE PRESENTS:
THAT, HAZELWOOD ENTERPRISES, INCORPORATED, A Texas corporation,
owner of the below described real property, for and in consideration of the sum of TEN AND 00 /100
DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein
named, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and
CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto the
GRANTEE, the CITY OF BAYTOWN, a municipal corporation, of the Counties of Harris and
Chambers and the State of Texas, a utility easement above, across, and under the following described
real property located in Harris County, Texas:
SEE EASEMENT NUMBERS 1, 3, AND 5 ON ATTACHED EXHIBIT "A"
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress
to and from said easement for the purpose of constructing, inspecting, repairing, maintaining and
removing utility and drainage lines and structures, including other utilities, unto the said CITY OF
BAYTOWN, its successors and assigns forever.
GRANTORS agree to bind themselves, their heirs, executors and administrators to
WARRANT and FOREVER DEFEND, the said unto the said the CITY OF BAYTOWN, its
successors and assigns, against every person whomsoever, lawfully claiming or to claim the same
or any part thereof.
SIGNED this the day of
1996.
HAZELWOOD ENTERPRISES, INCORPORATED
TIM HAZELWOOD, President
EXHIBIT B
STATE OF TEXAS §
® COUNTY OF HARRIS §
BEFORE ME THE UNDERSIGNED AUTHORITY, on this day personally appeared TIM
HAZELWOOD, in his-capacity as President of Hazelwood Enterprises, Incorporated, on behalf of
such corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the instrument for the purposes expressed in
the instrument.
Given under my hand and seal of office on this day of , 1996.
seal
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
GRANTOR'S ADDRESS:
HAZELWOOD ENTERPRISES INCORPORATED
Attn: Tim Hazelwood
P.O. Box 838
Baytown, Texas 77522
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CITY ATTORNEY
P.O. Box 424
Baytown, TX 77522 -0424
• c:Wh 151contractlhazc1wood.cascmcnt
7
•
4':rl 1 c.i 70 1-. • -�. n�. Ca_I+.uut✓ C - I r_M;_M 1 cCC 1_. _. I u : Si-) 4C0 C�Oo HL
'T?E STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES or five (5) easements situated in the William Scott
Lower League, -Abstract No. 65, Harris County,= Texas. Each
easement is more particularly described by metes and bounds as
follows, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL zON-2,
AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE
STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
EASEPIiMT NO. 1 - 15 FOOT UTILITY EASEMENT - 0.2940 ACRES
BEING a 0.2940 of an acre tract of land out of and a part of a
192 9'I55 acre tract of land called TRACT ONE in a deed from
Ashbel Smith Land, Ltd. to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas.
BEGINNING at a 1/2 inch iron rod found for East corner of this
easement and the Rast corner of said 192.9755 acre tract of land
at the intersection of the West right of way line of Tri --City
Beach Road, 80 foot right of way, and the Northwest right of Way
line of Evergreen Road, 60 foot right of way, as occupied. This
corner has a State Plane Coordinate Value of Y = 704,759.64 and
X - 3,284,462.24.
THENCE South 48 deg 15 min 56 sec West with the Southeast lane of
this easement and the Northwest line of Evergreen Road as
occupied a distance of 648.76 feet to a 1/2 inch iron rod Bet for
the South corner of this easement.
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this tract of land a distance of 15.00 feet to a 1/2 inch iron
rod Ben for the West corner of this easement.
THENCE North 48 deg 15 min 56 sec East with the Northwest line of
this easement a distance of 858.78 feet to a 1/2 inch iron rod
set for the North cornier of this easement in the Northeast line
of said 192.9755 acre tract of land and the West right of way
line of Tri Cities Beach Road:
THENCE South 08 deg 10 min 50 eec East with the Northeast line of
this easement, the Northaaat line of said 192. 9755 acre tract of
land and the West right of way line of Tri City Beach Road a
distance of 18.00 feet to the PLACE OF BEGINNING, containing
within this easement 0.2940 of an acre of land.
mH9T A
iv r c.> >0 1.k.. r 1u; 713 420 6586 R
PAGE NO. 2 - FIVE FAsR mENTS
® EASEMRNT NO. 2 - 10 FOOT UTILITY EASEMENT - O.0138 ACRES
BRING a 0.0138 of an acre tract of land out of a portion of the
residue of the 1541 acre tract of land conveyed to AHhbel Smith
Land Company by B. W. Axuatrong by deed dated November 29, 1935,
and recorded in Volume 996 at Page 379 of the Deed Records of
Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 1 of this survey in
the occupied Northwest right of way line of Evergreen Road, 60
foot right of way, and the Southwest line of a 192.9755 acre
tract of land called TRACT ONE in a deed from Ashbel Smith Land,
Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995, and
recorded at County Clerk's File Number R 462464 of the Official
Public Records of Real Property of Harris County, Texas. From
this- corner a 1/2 inch iron rod at the East corner of said
192.9755 acre tract of land and the intersection of west right of
way line of Tri City Beach Road and the occupied Northwest right
Of way line of Evergreen Road, 60 foot right of way, bears North
48 deg 15•min So sec East 848.78 feet. This BEGINNING corner has
a State Plane Coordinate Value of Y 704,194.70 and
X - 3,283,828.91.
THENCE South 46 deg 15 min 58 sec west with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen road a distance of 60.00 feet to a 1/2 inch iron rod
set for the South corner of this easement in the Northeast line
Of a 12.7608 acre tract of land called TRACT Two in a.deed from
Ashbel Smith Land, Ltd, to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas.
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this easement and with the line of said 12.7608 acre tract of
land a distance of 10.00 feet to a 1/2 inch iron rod set for the
West corner of this easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest. line of
this easement a distance of 60.00 feet to a 1/2 inch iron rod set
for the North corner of this easement in the line of said
192.9755 acre tract of land and the Southwest line of EASEMRNT
NO. 1 of this survey.
THKNCE South 41 deg 55 min 29 sec East with the Northeast line of
this easement, the Southwest lino of EASEMENT NO. 1 of this
survey and the line of said 192.9755 acre tract of land a
distance of 10.00 feet to the PLACE OF BEGINNING, containing
within said boundaries 0.0138 of an acre of land.
•
u: riJ 4- -o 0 00
• PAGE NO. 3 - FIVB ZASEMEN77S
EASEMENT NO. 3 - 10 FOOT UTILITY HASEMENT - 0.4330 ACRES
BEING a 0.4330 of an acre tract of land out of.a 12.7608,acre
tract of land called TRACT TWO in a deed from Ashbel Smith Land,
Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995, and
recorded at County Clerk's File Number R 462464 of the Official
Public Records of Real Property of Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the South corner of this
easement in the Northwest occupied right of way line of Evergreen
Road, 60 foot right of way, and in the Southwest line of said
12.7608 acre tract of land. From this corner a 1/2 inch iron rod
at the East corner of said 192.9755 acre tract of land and the
intersection of West right of way line of Tri City Beach Road and
the Northwest right of -way line of Evergreen Road, 60 foot right
of way, bears North 48 deg 15 min 58 sec East 2794.54 feet. This
BEGINNING corner has a State Plane Coordinate Value of
Y = 702,899.60 and X = 3,282,377.OS.
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this easement and the Southwest line of said 12.7608 acre tract
of land a distance of 10.00 feet to a 1/2 inch iron rod set for
the West corner of this easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest line of
this easement a distance of 1885.76 feet to a 1/2 inch iron rod
set for the North corner of this easement and the Weat corner of
EASEMENT NO. 2 of this survey in the Northeast line of said
12.7608 acre tract of land.
THENCE South 41 deg SS min 29 sec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 2 and the
Northeast line of said 12.1608 acre tract of land a distance of
10.00 feet to a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 2 of this survey.
This corner is in the occupied Northwest right of line of
Evergreen Road.
I EWCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 1685.76 feet to the PLACE OF
BEGINNING, containing within said boundaries 0.4330 of an acre of
land.
•
..,. _.. _ - -- .-..-.. -,,-WC, IU. .(1j 4GQ OJd.7 r
• PAGE NO. 4 - FIVE EASEMENTS
EASETIENT NO. 4 - 10 FOOT UTILITY EASEMENT - 0.0138 ACRES
BRING a 0.0138 of-an acre tract of land out of .a portion of the
residue of the 1541 acre tract of land conveyed to Ashbel Smith
Land Coaapany by B. W. Armstrong by deed dated November 29, 1935,
and recorded in Volume 996 at Page 379 of the Deed Records of
Harris County, Texas.
BEGINNING at a 1/2 inch iron rod set for the East corner of this
easement and the South corner of EASEMENT NO. 3 of this survey in
the occupied Northwest right of way line of Evergreen Road, 60
foot right of way, and in the Southwest line of a 12.7608 acre
tract of land called TRACT TWO in a deed from Ashbel Smith Land,
Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995, and
recorded at County Clerk's File Number R 462464 of the Official
public Records of Real Property of Harris County, Texas. From
this corner a 1/2 inch iron rod at the East corner of a 192.9755
acre tract of land called TRACT ONE in a deed from Ashbel Smith
Land, Ltd. to Hazelwood Enterprises, Inc., dated June 30, 1995,
and recorded at County Clerk's File Number R 462464 of the
Official Public Records of Real Property of Harris County, Texas.
and the intersection of the West right of way line of Tri City
Beach Road and the occupied Northwest right of way line of
Evergreen Road, 60 foot right of way, bears North 48 deg 15 min
58 sec East 2794.54 feet. This BEGINNING corner has a State
Plane Coordinate Value of Y - 702,899.60 and X = 3,282,377.05,
THENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 60.00 feet to a 1/2 inch iron rod
set for the South corner of this easement in the Northeast line
of said 192.9755 acre tract of land.
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this easement and with the Northeast line of said 192.9755 acre
tract of land a distance of 10.00 feet to a 1/2 inch iron rod set
for the West corner of this. easement.
THENCE North 48 deg 15 min 58 sec East with the Northwest line of
this eaaernent a distance of 60.00 feet to a 1/2 inch iron rod set
for the North corner of this easement and the West corner of
EASEMENT NO. 3 of this survey.in the Southwest line of said
12.7608 acre tract of land.
THENCE South 43. deg SS min 29 aec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 4 of this
survey and the southweet.line of said 12.7608 acre tract of land
a distance of 10.00 feet to the PLACE OF BEGINNING, containing
within said boundaries 0.0138 of an acre of land.
C
PAGE NO. 5 - FIVE EA.SHMENTS
® HASHMHNT NO. S - 10 FOOT UTILITY EASEMENT - 0.3684 ACRES
rim 444U o70o r':
BEING a 0.36.84 of an acre tract of land out of and a part of a
192.9755 acre tract of land called TRACT ONE in a deed from
Ashbel Smith Land, Ltd. to Hazelwood Enterprises, Inc., dated
June 30, 1995, and recorded at County Clerk's File Number R
462464 of the Official Public Records of Real Property of Harris
County, Texas .
BEGINNING at a 1/2 inch iron rod set for the South corner of this
easement in the Southwest line of said 192.9755 acre tract of
land and in the occupied Northwest right of way line of Evergreen
Road, 60 foot right of way. From this corner the East corner of
said 192.9755 acre tract of land and the intersection of the West
right of way line of Tri City Beach Road, 80 foot right of way,
and the Northwest right of way line of Evergreen Road, 60 foot
right of way bears North 48 deg IS min 58 sec East 4459.06 feet.
This 'BEGINNING corner has a State Plane Coordinate Value of
Y -L 701,791.69 and X = 3,281,135.04.
TEENCE North 41 deg 46 min 15 sec West with the Southwest line of
thia easement and the Southwest line of said 192.9755 acre tract
of land a distance of 10.00 feet to a 1/2 inch iron rod Bet for
the West. corner of this easement.
THKNCE North 48 deg 15 min 58 sec East with the Northwest line of
this easement a distance of 1604.49 feet to a 1/2 inch iron rod
set for the North corner of thia easement and the West corner of
EASE31KNT NO. 4 of this survey in the Northeast line of said
192.9755 acre tract of land.
TICS South 41 deg 55 min 29 sec East with the Northeast line of
this easement, the Southwest line of EASEMENT NO. 4 of this
survey, and the Northeast line of said 192.9755 acre tract of land
a distance of 10.00 feet to a 1/2 inch iron rod set for the East
corner of this Qasement and tha South corner of BASEMENT NO. 4 of
this survey in the occupied Northwest right of way line of
Evergreen Road. .
TEENCE South 48 deg 15 min 58 sec West with the Southeast line of
this easement and the occupied Northwest right of way line of
Evergreen Road a distance of 1604.52 feet to the PLACE of
BEGINNING, Containing within said boundaries 0.3684 of an acre of
land.
SURVEYED: April, 1996
i— GJ — lam.• — . r --i%.rfl i>CJ iiJ�.GC —.JO(J
• PAGE No- 6 - FIVE FASRMENTS
SURVEYOR'S CERTIFICATE
i u : (I.] CcrJ MD00 r
I, Robert L. Hall, Jr., Reg Proressional Land Surveyor No. 1610,
do hexeby certify that the foregoing field notes were prepared
from an actual survey made an the ground and that all lanes,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 26th., day
.of April, A.D., 1996.
REG, PROFESSIONAL LAND SURVEYOR
NO: 1610
95- 4675.FIlN
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