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Ordinance No. 9,733 • � File 87670 EASEMENT 02/24/04X 20042304027 Effective Date February 16 , 200 ' $23.00 Grantor: EXXON MOBIL CORPORATION, a New Jersey Corporation (formerly known as Exxon Corporation, successor by merger to Humble Oil &Refining Company) Grantee: CITY OF BAYTOWN, TEXAS Grantees Mailing Address: vV P. O. Box 424 Baytown,Texas 77522-0424 Consideration: Mutual benefits derived therefrom Easement Area: The Easement Area contains 1.3373 acres of land described in Exhibit "A", attached hereto and made a part hereof, and is out of Grantor's Property described in Exhibit "B", attached hereto and made a part hereof. Purpose of Easement: An easement for the purpose of constructing, using, maintaining and repairing an existing public street, known as Carver Street, and water, sewer, drainage and other public utilities contained in the Easement Area traversing Grantor's Property. Conditions and Reservations of the Grant of the Road Easement: 1. Any and all valid and subsisting easements, rights of way, conditions, covenants, restrictions,reservations and exceptions of record. 2. Grantee's use of the Easement Area is limited to constructing, using, maintaining and repairing a public street, along with water, sewer, drainage and other public utilities. 3. Grantee agrees to maintain the street in accordance with its street maintenance standards. f 4. This instrument conveys only an easement and does not convey title,either to the surface or mineral estate, of the land described in the Easement Area. 5. Grantee hereby accepts the Easement.Area subject to the terms provided herein, it being understood that should the Easement Area cease to be used for a public street or for the other public purposes listed above, this easement shall automatically become null and void and such easement interest shall revert to Grantor or the current owner of Grantor's Property and at Grantor's or the current owner's request, Grantee shall provide a recordable release of the Easement. 6. This Easement is appurtenant to Grantor's Property described in Exhibit "B", attached hereto and shall run with the title of said property. 7. This grant is made without warranty of title, either express or implied. TO HAVE AND TO HOLD said Easement unto Grantee, for the purposes stated herein, subject, however,to the Conditions and Reservations stated herein. This Easement shall be executed in duplicate originals on the dates shown by the 4 � signatures below, to be effective on the date of the signature on behalf of Grantor, which shall be the effective date of this Easement. I,Iqq GRANTOR GRANTEE al 0 EXXON MOBIL CORPORATION CITY OF BAYTOWN By: i, By: 61, axia-i-e- Michael S. Brown Pete C. Alfaro Y Agent and Attorney in Fact . Mayor 2 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on I . Cejel'eir 2003,by Michael S. Brown, Agent and Attorney in Fact of Exxon Mobil Corporation, a New Jersey Corporation, on behalf of said corporation. �:►�".���;. Janet W. Fletcher ' \ L, :::'_ay * lotary Public,State of Texas ; Notary ublic, State of Texas n�� My Commission Expires , 'J; Q i� ' JULY11 2005 kt' yti STATE OF TEXAS COUNTY OF HARRIS VI This instrument was acknowledged before me on _I _ M. ` , 200k, I1 �� ���Alfaro, Mayor of the City of Baytown, ,,dr alf o said City. ,,gyp I, I co; 4 ';73 S 14I • ym c, ; _ Notary P lic, St a of Texas • u 250 AFTER RECORDING RETURN: RETURN TO: CITY CLERK CITY OF BAYTOWN POST OFFICE SOX 424 BAYTOWN,TX 77522-0424 3 EXHIBIT "A" E FIELD NOTES FOR 58,251 SQUARE FEET OR 1.3373 ACRES OF LAND BEING OUT OF A CERTAIN 11.49 ACRE TRACT COMPOSED OF A 7.06 ACRE TRACT AND OF A 4.43 ACRE TRACT DESCRIBED IN DEEDS TO EXXON CORPORATION DATED JUNE 14, 1999, RECORDED UNDER HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NOS. U235298 AND U235299; SAID 1.3373 ACRE TRACT ALSO BEING A PORTION OF A CERTAIN TRACT DESCRIBED AS A PUBLIC STREET EASEMENT, RECORDED UNDER H.C.C.F. NO. H040861, LOCATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY, TEXAS; SAID 1.3373 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8 inch iron rod with cap set at the intersection of the west right of way line of Robert E. Lee Road, 80 feet wide at this point per Vol. 2240, Page 249, Harris County Deed Records (H.C.D.R.), and the north right of way line of the Missouri Pacific Railroad Company tract; said point also being in the south right of way line of Carver Road (public street easement per H.C.C.F. No. H040861) for the southeast corner of the herein described tract; THENCE South 87 degrees 22 minutes 15 seconds West, along the south right of way line of said Carver Road and the north right of way line (100 feet north of and parallel to the centerline of the railroad tracks) of said Missouri Pacific Railroad Company tract, a distance of 467.59 feet to a 3/8 inch iron rod with cap set for an angle point; 7,01 THENCE North 83 degrees 28 minutes 25 seconds West, continuing along the south right of way line of said Carver Road, a distance of 312.78 feet to 3/8 inch G" I iron rod with cap set in the west line of said 4.43 acre Exxon tract and the centerline of a 10 foot alley as shown on the plat of Oakwood Annex, recorded in lifd Volume 998, Page 496, H.C.D.R., for the southwest corner of the herein described tract; THENCE North 00 degrees 25 minutes 45 seconds West, along the west line of said 4.43 acre Exxon tract and the centerline of said 10 foot alley, a distance of 60.44 feet to an "X" cut set in the north right of way line of said Carver Road for the northwest corner of the herein described tract; THENCE South 83 degrees 28 minutes 25 seconds East, along the north right of way line of said Carver Road, a distance of 307.68 feet to a 3/8 inch iron rod with cap set for an angle point; THENCE North 00 degrees 34 minutes 13 seconds East, continuing along the north right of way line of said Carver Road, a distance of 20.00 feet to a 3/8 inch iron rod with cap set for an angle point; Page 1 of 2 THENCE North 87 degrees 13 minutes 31 seconds East, continuing along the north right of way line of said Carver Road, a distance of 497.57 to a 3/8 inch iron rod with cap set in the west right of way line of said Robert E. Lee Road for the northeast corner of the herein described tract; said point being in a curve to the right whose center bears North 78 degrees 19 minutes 26 seconds West, 533.67 feet; THENCE along the west right of way line of said Robert E. Lee Road and around said curve to the right with a radius of 533.67 feet, an arc length of 87.29 feet, a central angle of 09 degrees 22 minutes 17 seconds, and a chord which bears South 16 degrees 21 minutes 43 seconds West, 87.19 feet to the POINT OF BEGINNING and containing 58,251 square feet or 1.3373 acres of land. Note: The bearing orientation is referenced to the west right of way line of Robert E. Lee Road (as monumented) and rotated to the deed bearing of South 00 degrees 26 minutes 00 seconds East. Leo M. Delatorre rjr �N11dMNN.•••NN• 0RRE •••"""'NNN Reg. Prof. Land Surveyor No. 5113 LEO M. DELA7 r ... N5113pZ0 ! � SUP`1FvsQ Page2of2 Job No. 010089.03 Dwg No. 1335-D-1935 39fn1335.03 • EXHIBIT "B" FIELD NOTES FOR 495,828 SQUARE FEET OR 11.3826 ACRES OF LAND BEING A RESIDUE OF A CALLED 11.49 ACRE TRACT COMPOSED OF A 7.06 ACRE TRACT AND A 4.43 ACRE TRACT DESCRIBED IN DEEDS TO EXXON CORPORATION DATED JUNE 14, 1999, RECORDED UNDER HARRIS COUNTY CLERK'S FILE NOS.(H.C.C.F.) U235298 AND U235299, LOCATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY, TEXAS; SAID 11.3826 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a two inch iron pipe found in the west right of way line of Robert E. Lee Road (70 feet wide at this point per Vol. 2240, Page 253, H.C.D.R.) for the northeast corner of said 7.06 acre Exxon tract; THENCE South 00 degrees 26 minutes 00 seconds East, along the west right of way line of said Robert E. Lee Road, a distance of 651.15 feet to a 5/8 inch iron rod found for the northeast corner of a certain tract of land described in a right of way deed to Harris County, recorded in Volume 2240, Page 249, H.C.D.R., for an angle point; THENCE South 89 degrees 34 minutes 00 seconds West, continuing along the west right of way line of said Robert E. Lee Road, a distance of 10.00 feet to a 3/8 inch iron rod with cap set for an angle point; said point being in a curve to the right whose center bears South 89 degrees 34 minutes 00 seconds West, 533.67 feet; THENCE continuing along the west right of way line of said Robert E. Lee Road and around said curve to the right with a radius of 533.67 feet, an arc length of 200.08 feet, a y�l central angle of 21 degrees 28 minutes 51 seconds, and a chord which bears South 10 degrees 18 minutes 26 seconds West, 198.91 feet to a 3/8 inch iron rod with cap set in the ICI north right of way line of the Missouri Pacific Railroad Company tract for the southeast ;t1 corner of the herein described tract; THENCE South 87 degrees 22 minutes 15 seconds West, along the north right of way line (100 feet north of and parallel to the centerline of the railroad tracks) of said Missouri Pacific Railroad Company tract, a distance of 313.22 feet to a 3/8 inch iron rod with cap set for a point of curvature of a curve to the left; THENCE continuing along the north right of way line of said railroad right of way and around said curve to the left with a radius of.626.95 feet, an arc length of 162.02 feet, a central angle of 14 degrees 48 minutes 24 seconds, and a chord which bears South 79 degrees 58 minutes 03 seconds West, 161.57 feet to a 3/8 inch iron rod with cap set for the point of tangency; THENCE South 72 degrees 33 minutes 51 seconds West, continuing along the north right of way line of said railroad right of way, distance of 98.91 feet to a 3/8 inch iron rod with cap set for the point of curvature of a curve to the right; Page 1 of 3 • w THENCE continuing along the north right of way line of said railroad right of way and around said curve to the right with a radius of 556.59 feet, an arc length of 213.33 feet, and a chord which bears South 83 degrees 32 minutes 39 seconds West, a distance of 212.02 feet to a 3/8 inch iron rod with cap set for the southwest corner of said 4.43 acre Exxon tract and of the herein described tract; said point being in the centerline of a 10 foot alley as shown on the plat of Oakwood Annex, recorded in Volume 998, Page 496, H.C.D.R., THENCE North 00 degrees 25 minutes 45 seconds West, along the centerline of said alley, a distance of 199.26 feet to a 3/8 inch iron rod with cap set for the southwest corner of a certain tract described in a deed to Housing Authority of the City of Pelly dated October 4, 1940, recorded in Volume 1181, Page 229, H.C.D.R.; THENCE North 89 degrees 32 minutes 00 seconds East, along the south line of said Housing Authority tract, a distance of 264.46 feet to a 3/8 inch iron rod with cap set for the southeast corner of said Housing Authority tract; THENCE North 00 degrees 02 minutes 37 seconds West, along the east line of said Housing Authority tract, a distance of 151.46 feet to a 3/8 inch iron rod with cap set for the southwest corner of a certain 3.2431 acre tract described in a deed dated June 30, 1994 to City of Baytown, recorded under H.C.C.F. No P976535 for an angle point; THENCE North 87 degrees 18 minutes 00 seconds East, along the south line of said City of Baytown tract, a distance of 50.05 feet to a 3/8 inch iron rod with cap set in the west line of the said 7.06 acre Exxon tract for the southeast corner of said City of Baytown tract; I; I THENCE North 00 degrees 02 minutes 37 seconds West, along the east line of said City of „r.I Baytown tract, a distance of 395.00 feet to a 3/8 inch iron rod with cap set for the point of curvature of a curve to the right; THENCE continuing along the east line of said City of Baytown tract and around said curve to the right with a radius of 764.49 feet, an arc length of 85.00 feet, a central angle of 06 degrees 22 minutes 14 seconds, and a chord which bears North 03 degrees 08 minutes 30 seconds East, a distance of 84.96 feet to a 3/8 inch iron rod with cap set for the end-of said curve and the beginning of a non-tangential curve to the right; THENCE continuing along the east line of said City of Baytown tract and around said curve to the right with a radius of 546.44 feet, an arc length of 104.62 feet, a central angle of 10 degrees 58 minutes 10 seconds, and a chord which bears North 01 degrees 33 minutes 43 seconds East, a distance of 104.46 feet to a 3/8 inch iron rod with cap set in the north line of said 7.06 acre Exxon tract for the northwest corner of the herein described tract; from which a found 1/2 inch iron rod bears South 89 degrees 36 minutes 24 seconds West, • 8.44 feet; Page 2 of 3 THENCE North 89 degrees 36 minutes 24 seconds East, along the north line of said 7.06 acre Exxon tract, a distance of 497.67 feet to the POINT OF BEGINNING and containing 495,828 square feet or 11.3826 acres of land. Note: The bearing orientation is referenced to the west right of way line of Robert E. Lee Road (as monumented) and rotated to the deed bearing of South 00 degrees 26 minutes 00 seconds East. 1//742— �P4` re-,- :gs LEO M. DELATORRE Leo M. Delatorre 1,4 5113 . Reg. Prof. Land Surveyor No. 5113 '••90 �'y . •••• ss`Q..... 4Nt SUR;c0- loll ANT PROVISION HEREIN WHICH RESTRICTS THE SALE.RENTAL OR USE OF THE DESCRIBED REAL THE STATE OF Of CALORXAS OR RACE IS INVALID AND MORGUE UNDER FEDERAL LAW FILE FOR RECORD COUNTY OF HARRIS AM I hereby certify that this instrument was FILED in file number Sequence on the 1�I Official Public Records of Real hereon Property of Har and ris on FEB In 6he FEB 2 4 2004 FEB 2 4 2004 • County Clerk,Harris County,Texas o COUNTY CLERK •i` HARRIS COUNTY TEXAS Page 3 of 3 Job No. 010089.03 Dwg No. 1335-D-1935 39fn1335.01