Ordinance No. 7,977970508 -7
ORDINANCE NO. 7977
® 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 AND RIGHT -OF -WAY
AGREEMENT WITH GTE SOUTHWEST INCORPORATED.FOR.THE LEASE
OF A TEN FOOT BY TWENTY FOOT SITE AT ALLENBROOK PARK; 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 to execute and the City Clerk to attest to an easement and right -of -way agreement
with GTE Southwest Incorporated for the lease of a ten foot by twenty foot site at Allenbrook Park
for the placement of pad - mounted telephone equipment. 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 8th day of May, 1997.
PETE C. ALFAR , Mayor
ATTEST:
EILEEN-P. 'HALL, City Clerk
APPROVED AS TO FORM:
---
ACIO z.::; RAMIREZ, , City Attorney
0 cacounciftcetingslmay \gte.8
GRANTOR: CITY OF BAYTOWN
P.Q. Box 424
Baytown, TX 77522
EASEMENT AND RIGHT OF WAY
GRANTEE: GTE SOUTHWEST
301 Industrial Blvd.
Bryan, TX 77803
THE STATE OF TEXAS § EXCHANGE: BAYTOWN
§ KNOW ALL MEN BY THESE PRESENTS: ... LOC. CODE: 5406 LOC# 688
COUNTY OF HARRIS § ORDER NO. 7T001 BB
THAT the CITY OF BAYTOWN of the County of Harris and the State aforesaid, for and in consideration of the sum of ONE
THOUSAND FIVE HUNDRED AND 00 /100 Dollars ($1,500.00) and other good and valuable consideration to the CITY OF
BAYTOWN in hand paid by GTE SOUTHWEST INCORPORATED, quitclaims unto GTE SOUTHWEST INCORPORATED,
it successors and assigns, an easement, more particularly described in "EXHIBITS A & B," which are attached hereto and
incorporated herein for all intents and purposes, for the placement of a slab or pad mounted carrier site and to construct, place,
operate, inspect, maintain, repair, replace and remove such buried communication cable as Grantee may from time to time
require, consisting of buried cable, markers and necessary fixtures and appurtenances, over, across, under and upon the
following described property to wit:
A portion of that certain tract or parcel of land containing 2.7548 acres out of the HARVEY WHITING SURVEY, ABSTRACT
NO. 840, HARRIS COUNTY, STATE OF TEXAS, said tract being more particularly described in a Deed from Baker III, LTD.,
to the CITY OF BAYTOWN, dated 10 December 1986, recorded in Clerk's File Number K877235 of the Official Public
Records, County and State aforesaid.
The Grantor agrees that the Grantee shall have the right to divert existing drainage around the aforesaid carrier site so long as
such diversion is reasonable and acceptable to Grantor.
The Grantee hereby agrees to place such landscape as is reasonably required by the Grantor to buffer the view of the facilities
and appurtenances placed hereunder.
Grantor covenants for himself, his successors and assigns not to place or maintain any building or structure on said easement.
Grantor grants to the Grantee the right of ingress and egress to or from said right of way for the purpose of inspecting,
maintaining, constructing, reconstructing, operating and removing its buried communication cable and associated appurtenances
over, under, across and upon the above - described property and the right to place markers and other devices to support or mark-
said construction where necessary.
The Grantor acknowledges that the consideration recited above includes compensation for any and all damages to the surface or
grass or crops located thereon resulting from original construction by Grantee. Should Grantee or its agents or employees
subsequent to original installation of communication facilities within the easement described above, have occasion to enter upon
the premises to perform maintenance on such facilities, Grantee agrees to pay Grantor the actual cash value of all property,
whether real or personal, destroyed in the course of performance of such maintenance.
TO HAVE AND TO HOLD the above - described easement and rights unto the said Grantee, its successors and assigns, until said
line shall be abandoned. Upon abandonment by the Grantee, the Grantor may order the Grantee to remove all its buried
coin in tin ication cable and associated appurtenances over, under, across and upon the above - described property. Grantee agrees
that it shall comply with any such order within sixty (60) days; otherwise, the Grantor may remove the same at the Grantee's
sole cost and expense.
Grantor for itself, its heirs, executors and administrators releases and quitclaims unto said Grantee and its assigns, all rights, title and interest
which Grantor may have in said property.
EXECUTED this day of May, 1997.
CITY OF BAYTOWN
BY:
PETE C. ALFARO, Mayor
EXHIBIT A
GRANTOR: CITY OF BAYTOWN
P.O. Box 424
Baytown, TX 77522
STATE OF TEXAS §
UNTY OF HARRIS
GRANTEE: GTE SOUTHWEST
301 Industrial Blvd.
Bryan, TX 77803
BEFORE ME THE. UNDERSIGNED AUTHORITY, on this day personally appeared PETE C. ALFARO, Mayor of the City of
Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and that he executed the instrument in
the capacity and for the purposes expressed in the instrument.
SUBSCRIBED AND SWORN before me this
RETURN TO GRANTOR:
CITY OF BAYTOWN
OFFICE OF THE CITY ATTORNEY
P. O. BOX 424
BAYTOWN, TEXAS 77522 -0424
034\P.irks&Rcc\GTEEiseniciitfltOW.Dociiiiient
day of May, 1997.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
,f
"EXHIBIT A"
® STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 0.0060 acre tract of land situated in the Harvey
Whiting Survey,,-Abstract Number 840, Harris County,- Texas ;-and
being out of and a part of a 2.7548 acre tract of land conveyed
to City of Baytown, by Baker III, LTD., by deed dated December
10, 1986, and recorded at County Clerk's File Number K877235 of
the Official Public Records of Real Property of Harris County,
Texas. This 0.0060 acre tract of land is more particularly
described by metes and bounds as follows, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN
THE EAST LINE OF SAID 2.7548 ACRES. REFERENCE IS MADE TO PLAT OF
EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at.a 1/2 inch iron rod set for the Northeast corner of
this tract of land, in the East line of said 2.7548 acres and in
the West line of Allenbrook Drive, 60 foot right -of -way. From
this BEGINNING corner a 1/2 inch iron rod found for the Northeast
corner of said 2.7548 acres, the Southeast corner of the residue
of 13.535 acres conveyed to Baytown III, LTD., by Conrad
Magouirk, Trustee by deed dated December 27, 1974, and recorded
at County Clerk's File Number E 337157 of the Official Public
Records of Real Property of Harris County, Texas bears North 14°
43' 01" West a distance of 9.50 feet.
THENCE South 14° 43' 01" East with the East line of this tract of
land, the East line of said 2.7548 acres and the West line of
said Allenbrook Drive a distance of 10.34 feet to a 1/2 inch iron
rod set for the Southeast corner of this tract of land.
THENCE South 89° 53' 35" West with the South line of this tract
of land a distance of 27.65 feet to a 1/2 inch iron rod set for
the Southwest corner of this tract of land.
THENCE North 00° 06' 25" East with the West line of this tract of
land a distance of 10.00 feet to a 1/2 inch iron rod set for the
Northwest corner of this tract of land.
THENCE South 89' 53' 35" East with the North line of this tract
of land a distance of 25.00 feet to the PLACE OF BEGINNING,
containing within said boundaries 0.0060 acres of land.
SURVEYED: April 17, 1997.
•
•
•
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr-.;.Reg Professional- Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared
from an actual survey made on. the ground and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown,
of April, A.D., 1997.
REG. PROFESSIONAL LAND SURVEYOR
NO. 1610
97- 1217.FDN
1610 ...
ss,�y� .
sU R�,_.
Texas, this the 17th., day
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