Ordinance No. 9,02320001026 -4
ORDINANCE NO. 9023
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A PERMIT TO ENCROACH WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO ENCROACH ON
A PORTION OF HUGH ECHOLS BOULEVARD RIGHT -OF -WAY; 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 City Manager and the City Clerk of the City of Baytown to execute and attest to a Permit
to Encroach (the "Permit ") with Goose Creek Consolidated Independent School District to encroach
on a portion of Hugh Echols Boulevard right -of -way. A copy of said Permit 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 26th day of October, 2000.
PETE C. ALFARO, ayor
ATTEST:
GAJKY V. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMI R., City Attorney
0 cAMyDocuments\ Counci1\ 00- 0I \0Ctober\PermATOEncroachGCCISD
® PERMIT TO ENCROACH
STATE OF TEXAS §
COUNTY OF HARRIS
Under authority of Ordinance No. 2868 of the City of Baytown, permit is hereby issued to Goose Creek
Consolidated Independent School District, (Permittee) whose address is P. O. Box 30, Baytown, Hams County,
Texas, for the allowance of structures, namely a parking lot and related encroachments, which are further
depicted on Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, to be
constructed upon or across a dedicated right -of -way and easement, and such construction is to be over and
across the following described property in Hams County, Texas, more particularly described as follows, to -wit:
Being a 0.3220 acre tract of land out of the Harvey Whiting Survey, Abstract 840, Harris
County, Texas; and being a portion of that 1.180 acre tract of land described as Tract I in
Deed from Conrad Magouirk, Trustee, to the City of Baytown, dated January 12, 1977 and
recorded under Harris County Clerk's File Number F015606 in the Official Public Records
of Real Property of Harris County, Texas; said 0.3220 acre tract being further described by
metes and bounds as follows:
Beginning at a '/2 inch iron rod set for the northeast corner of the said 0.3220 acre tract,
located in the south right of way line of Baker Road, being the northeast corner of the said
City of Baytown 1.180 acre tract, and also being the northwest corner of a 1.165 acre tract
of land conveyed to the Goose Creek C.I.S.D. by Murray B. Mangum, dong business as the
Skate Machine by deed dated Feb. 5, 1988 and recorded under Harris County Clerk's File
Number L543593 of the Official Records of Real Property of Harris County, Texas;
Thence South 14 deg. 21 min. 26 sec. East, with the east line of the City of Baytown 1.180
acre tract and the west line of the Goose Creek C.I.S.D. 1.165 acre tract a distance of 280.42
feet to a'' /2 inch rod found marking the southwest corner of the said 1.165 acre tract, for the
southeast corner of this 0.3220 acre tract;
Thence North 89 deg. 23 min. 05 sec. West with a westerly extension of the south line of the
said 1.165 acre tract a distance of 51.76 feet to a point in the west line of the City of
Baytown 1.180 acre tract for the southwest corner of this 0.3220 acre tract; _,
Thence North 14 deg. 21 min. 26 sec. West with the west line of the City of Baytown 1.180
acre tract a distance of 280.26 feet to the south right of way line of Baker Road for the
northwest comer of the herein described 0.3220 acre tract, also being the northwest corner
of the City of Baytown 1.180 acre tract;
Thence South 89 deg. 12 min. 56 sec. East with the south right of way line of Baker Road
and the north line of the City of Baytown 1.180 acre tract a distance of 51.80 feet to the Point
of Beginning, enclosing a tract of land containing 0.3220 acres, more or less.
Permit to Encroach, Page 1 EXHIBIT A
It is expressly understood that Permittees, their successors, assigns, heirs, agents, and licensees, assume
40 all risks incident to the construction, maintenance, and use of such structure within such easement, including,
but not limited to:
(1) BINDING THEMSELVES, THEIR SUCCESSORS, ASSIGNS, AGENTS, INVITEES
AND LICENSEES TO INDEMNIFY AND HOLD HARMLESS UTILITY PROVIDERS
AND THE CITY OF BAYTOWN AS WELL AS THEIR RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, HEREINAFTER
COLLECTIVELY REFERRED TO AS UTILITY PROVIDERS, FROM AND
AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS,
LIABILITIES, COSTS, LOSSES, EXPENSES, AND DAMAGES, IN CONTRACT,
STRICT LIABILITY OR IN TORT, INJURY TO ANY PERSON (INCLUDING
DEATH) OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE CONSTRUCTION, USE, AND EXISTENCE OF SAID
STRUCTURES ON SAID PORTION OF SAID EASEMENT AREA, WHERE SUCH
INJURY OR DAMAGE IS CAUSED BY THE SOLE, JOINT, CONCURRENT,
CONTRIBUTING OR COMPARATIVE NEGLIGENCE OR FAULT OF
PERMITTEES, THEIR SUCCESSORS, ASSIGNS, AGENTS, INVITEES, OR
LICENSEES AND /OR BY THE SOLE, JOINT, CONCURRENT, CONTRIBUTING OR
COMPARATIVE NEGLIGENCE OR FAULT OF THE ,UTILITY PROVIDERS,
INCLUDING ANY NEGLIGENCE ATTRIBUTED TO THE CITY OF BAYTOWN
FOR PERMITTING THIS ENCROACHMENT. IT IS THE EXPRESS INTENTION OF
PERMITTEES HEREIN THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS AN INDEMNITY BY PERMITTEES TO INDEMNIFY, HOLD
HARMLESS, PROTECT, AND DEFEND UTILITY PROVIDERS FROM NOT ONLY
THE CONSEQUENCES OF THE NEGLIGENCE OF UTILITY PROVIDERS, WHERE
THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY,
DEATH OR DAMAGE BUT ALSO PERMITTEES' JOINT OR SOLE NEGLIGENCE.
(2) In the event that any action or proceeding is brought against the City of Baytown, its officers,
agents, and/or employees by reason of any of the above, Permittees further agree and covenant
to defend the action or proceeding by legal counsel acceptable to the City of Baytown.
(3) Permittees further agree for themselves, their successors, assigns and grantees, that if a utility
provider shall at any time in its sole discretion determines that it is necessary to do so for the
purpose of properly maintaining their utility facilities, the utility provider shall be privileged
to remove or alter the above - mentioned structures, or any part thereof. Permittees for
themselves, their successors, assigns and grantees, hereby release the utility providers from any
and all liability from damage caused to the above - mentioned structures by any such removal
or alteration and further agree to pay to the utility provider, the cost of removing or altering
such structures upon receipt of its billing therefor. Permittees for themselves, their successors,
assigns and grantees, hereby further release the utility providers from any and all liability for
loss of or damage to such structures which may be caused by, result from or be related to the
presence or malfunctioning of its utility facilities and regardless of whether the utility
providers' negligence may contribute to such loss or damage.
(4) Permittees further agree for themselves, their successors, assigns and grantees, that if the utility
providers, their successors and assigns, shall at any time, and because of the presence of such
structures within the area of said easement, be ordered by any public authority having
jurisdiction, to remove or relocate their utility facilities, they shall be privileged to comply.with
such order at Permittees' cost, unless Permittees, their successors, assigns, and grantees, shall
alter or remove said structures to the satisfaction of such public authority upon reasonable
Permit to Encroach, Page 2
® notice to do so; and if such utility facilities are removed or relocated by the utility provider,
Permittees for themselves, their successors, assigns, and grantees, agree to pay the cost thereof
upon the receipt of its billing therefor.
El
(5) The exercise and enjoyment by Permittees, their successors, assigns, and grantees of the rights
and privileges to which the utility providers have herein granted shall constitute affirmative
acceptance by such successors, assigns and grantees of the terms and conditions herein
contained; provided, however, that the utility providers for themselves, their successors and
assigns, hereby reserve the right to require that any such successor, assign or grantee further
signify in a recordable instrument acceptance of such terms and conditions, and should any
such successor, assign or grantee refuse upon written request to execute such instrument, the
rights and privileges herein shall thereupon automatically terminate. This Permit to
Encroachment shall not inure to the benefit of any person other than the above -named
person(s), their successors, assigns and grantees, or any property other than the above -
described property.
IN WITNESS WHEREOF, this permit has been executed in the City of Baytown and its official seal
affixed hereto this the day of , 200_
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ., City Attorney
Permit to Encroach, Page 3
CITY OF BAYTOWN
MONTE MERCER, City Manager
2
l
PERMITTEE
Goose Creek Consolidated Independent
School District
JERRY ROY, Superintendent
ATTEST:
Secretary
STATE OF .TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Jerry Roy, in his capacity for Permitee of the property
described above, 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 and in the
capacity therein stated.
SUBSCRIBED AND SWORN before me this day of , 200_
cityc lk/ abandon/ permit2encroachGooseCreekHughEcho Is
Permit to Encroach, Page 4
Notary Public in and for the State of Texas