Ordinance No. 10,514 ,
ORDNANCE NO. 10.514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PURCHASE OF A 25-FOOT TRAIL EASEMENT FOR THE
GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT FROM
GARRETT-BECK CORPORATION FOR AN AMOUNT NOT TO EXCEED
THIRTEEN THOUSAND SEVEN HUNDRED SIXTY-SEVEN AND NO/100
DOLLARS (SI3,767.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
..***.t.;..f..l..i.****************************** **************tt k*******t******************* .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: .
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes the
purchase of a 25-foot trail easement for the Goose Creek Stream Greenbelt Trail Phase IV Project
from Garrett-Beck Corporation for an amount not to exceed THIRTEEN THOUSAND SEVEN
I-HUNDRED SIXTY-SEVEN AND NO/t00 DOLLARS (S13,767.00). The trail easement is more
particularly described in Exhibit "A," which is attached hereto and incorporated herein 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 o'` he City Council of the City of
Baytown this the le day of December, 2006.
- ,rt_ • ST HEN H. DONCARLOS, Mayon
,52o: .NCI ;
Yam,- I\ WI
L ' .ta 1 " , City Clerk
APPROVED AS TO FORM:
4,1a, .e.pZt______ ,-(
ACID RAMIREZ, SR. C ty Attorney
R:Karen\File \City Cutmcef\Ordin:uues\2006'.Deeember 14'.AuthorizePurchaseofLandfromGarreuneck.doc
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF TIIE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR GARRETT-BECK CORPORATION, owner of the below-described
real property. for and in consideration of the sum of THIRTEEN THOUSAND SEVEN
HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS (S 13,767.00) and other good and
valuable consideration paid by GRANTEE herein named, the receipt and sufficiency of which is
hereby acknowledged and confessed by GRANTOR, by these presents does hereby GRANT,
SELL and CONVEY unto GRANTEE CITY OF BAYTOWN, a municipal corporation located
in the Counties of Harris and Chambers. State of Texas, an easement above, across and under the
real property located in Harris County, Texas, further described in Exhibit A, which is attached
hereto and incorporated herein for all intents and purposes (the "Property") for a public trail and
related appurtenances.
GRANTOR has the right to use the surface of the Property for all purposes that do not
interfere with or interrupt the use of the Property by GRANTEE or the public. GRANTEE may
not use the Property for the purpose of utilities, drainage or any other purpose other than the
construction. maintenance and use as a public trail and related appurtenances as described herein
without the prior approval of the GRANTOR. which shall not be unreasonably withheld,
conditioned or delayed.
TO HAVE AND TO HOLD the above-described property, together with all and singular
the rights and appurtenances lawfully accompanying it. together with the rights of ingress and
egress to and from said easement for the purpose of constructing. Inspecting, repairing,
maintaining and removing a trail and for the public's use and enjoyment thereof, unto the said
CITY OF BAYTOWN. and its successors and assigns forever.
Trail Easement, Page I
GRANTOR does hereby bind itself, its successors and assigns to WARRANT and
FOREVER DEFEND, the said premises unto the said 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 20
OWNER:
GARRETT-BECK CORPORATION
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me:
proved to me on the oath of ; or
through his current {description of identification card or
other document issued by the federal government or any state government that
contains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, doing so as
the of GARRETT-BECK CORPORATION, a Texas Corporation and
on its behalf.
Given under my hand and seal of office this day of , 20
Notary Public in and for the
State of Texas
My commission expires:
"frail Easement. Page 2
GRANTOR'S ADDRESS:
GARRETT-BECK CORPORATION
1106 PARK ST
BAYTOWN, TX 77520-2322
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CITY CLERK
P. O. BOX 424
BAYTOWN, TEXAS 77522-0424
R harenTiles Legai'Decds&EascmcntsGarrett&BeckTraiIEasement.doc
Trail Easement, Page 3
�, � 3701 Kirby Drive
mom Suite 1290
NEE
Halff Associates Houston,Texas 77098 3926
(713)523.7161
Fax(713)523-4373
FIELD NOTE DESCRIPTION
Being a 25 foot wide tract of land situated in the City of Baytown, Harris County, Texas and out of the
Harvey Whiting Survey, Abstract 840, Harris County, Texas, also being a portion of the called 4.2600
acre tract of land described in the deed to Garrett-Beck Corporation recorded under Harris County
Clerk's File Number (H.C.C.F. No.) C058459. and being out of and a part of that called 4.0300 acre
tract described in the deed to Garrett-Beck Corporation recorded under H.C.C.F. No. C853354, the
centerline of said 25 foot wide tract more particularly described as follows:
COMMENCING at a 1\2" iron rod found for the northeast corner of a 30 foot wide strip of land
described in the deed to Garrett-Beck Corporation recorded under H.C.C.F. No. J449446 common with
the northwest corner of the called 5.1472 acre tract described in the deed to BHCSMM Baytown, LLC
recorded under H.C.C.F. No. W300092 and being in the south line of a drainage ditch (30 feet wide)
described in the deed to the City of Baytown recorded in Film Code No. 792-08-0814:
THENCE South 03'05'01' East, 177.53 feet along the common line of said 30 foot wide strip with said
5.1472 acres to the POINT OF BEGINNING being in a curve to the right:
THENCE departing the common line of said 30 foot wide strip with said 5.1472 acres and across said 30
foot wide strip the following:
1. 29.15 feet along said curve to the right having a radius of 80.00 feet, a central angle of
20°52'35 '. and a chord that bears North 71'01'44" West. 28.98 feet to a point of reverse
curvature of a curve to the left;
2. 29.62 feet along said curve to the left having a radius of 20.00 feet, a central angle of
84°50'36". and a chord that bears South 76°59'15" West, 26.99 feet to a point of reverse
curvature of a curve to the right;
3. 24.97 feet along said curve to the right having a radius of 35.00 feet. a central angle of
40°52'10", and a chord that bears South 55°00'02" West, 24.44 feet to a point of compound
curvature of a curve to the right;
4. 75.85 feet along said curve to the right having a radius of 150.00 feet, a central angle of
28°58'23 ', and a chord that bears South 89°55'18" West, 75.05 feet to a point of reverse
curvature of a curve to the left:
5. 33.97 feet along said curve to the left having a radius of 40.00 feet. a central angle of
48°39'27", and a chord that bears South 80°04'47" West, 32.96 feet to a point of compound
curvature of a curve to the left:
6. 83.45 feet along said cun•e to the left having a radius of 120.00 feet, a central angle of
39°50'47", and a chord that bears South 35°49'39" West, 81.78 feet to a point of reverse
curvature of a curve to the right:
7. 117.34 feet along said curve to the right having a radius of 160.00 feet, a central angle of
4200I'11", and a chord that bears South 36°54'52" West. 114.73 feet to a point of reverse
curvature a curve to the left;
HOUSTON • DALLAS • FORT WORTH • McALLEN • AUSTIN • FRISCO • SAN ANTONIO
TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • ENVIRONMENTAL - STRUCTURAL
MECHANICAL - ELECTRICAL SURVEYING • GEOGRAPHIC INFORMATION SYSTEMS
ARCHITECTURE LANDSCAPE ARCHITECTURE • PLANNING
EXHIBIT A
Page 2 of 2
8. 58.17 feet along said curve to the left having a radius of 60.00 feet, a central angle of
55032'53". and a chord that bears South 30°09'01" West, 55.92 feet to a point of reverse
curvature of a curve to the right;
9. 51.43 feet along said curve to the right having a radius of 80.00 feet, a central angle of
36°50'10", and a chord that bears South 20°47'39" West, 50.55 feet to a point of reverse
curvature of a curve to the left:
10. 54.14 feet along said curve to the left having a radius of 75.00 feet, a central angle of
41°21'30", and a chord that bears South 18°31'58" West, 52.97 feet to a point of reverse
curvature of a curve to the right:
11. 17.03 feet along said curve to the right having a radius of 30.00 feet, a central angle of
32°31'21", and a chord that bears South 14°06'55" West, 16.80 feet to a point of tangency:
THENCE South 30°22'35" West. 71.69 feet to the northerly line of the called 2.63 acre tract awarded to
the City of Goose Creek by condemnation proceeding No. 46761 in County Court at Law No. 2 of
Harris County, Texas, June 26. 1941. and beina out of and a part of the called 5.00 acre tract described
in the deed to the City of Baytown recorded under H.C.C.F. No. Y271988, to the POINT OF
TERMINUS of said centerline.
I
Sr.=IE: t• = It1Q
r- N86°30'22"E 393. 53' -�
3I3. 53' POINT OF 3
COMMENCING o
L Iron rod found rn
14)
25'EASEMENT
OF 0
25'EASE7E �'----' �-
r 40
Garrctf-Beck
Corp lion
H C C F No CB5.J.34 O ✓
0, / _0__
� , 1
y.o
� E
PROPOSED
TRAIL
BHC' AfA1
Bal•to»n- LLC
Carrell-Beck a H,C.CF No 8300092
Corporation L•p
i called 4 '600 acre
1 . / H C C F Ao. C056459
/
POINT OF
_ o _ TERMINUS
_ C5
-O
01{• of 6avtown
Condemnation
,vo. 46,61 E Y-
R �.
c l 0
8
�ti a 0�
PARK A VENUE
/a t•drtaole width Nsht-o/-w"at'1
Halff Associates IPmj�l to, ""° " 211DS
Dr by. FR
3701 KIR3Y OWvE.SUITE 1290 Ch-k d bv: GCB
HOUSTOµ.TEXAS 77096
PHONE:71I-5 3-7161 Fax:713-523-4373 SMw Title
EASEMENT EXHIBIT
City of Baytown
Harris County,Texas ShW µumbw
494
2OO .7O256 26
i 04/30/20 07 RP1 $•60. O
1,/
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
14j INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR GARRETT-BECK CORPORATION, owner of the below-described
real property, for and in consideration of the sum of THIRTEEN THOUSAND SEVEN
HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($13,767.00) and other good and
valuable consideration paid by GRANTEE herein named, the receipt.and sufficiency of which is
hereby acknowledged and confessed by GRANTOR, by these presents does hereby GRANT,
y,a. SELL and CONVEY unto GRANTEE CITY OF BAYTOWN, a municipal corporation located
\Ji-'
in the Counties of Harris and Chambers, State of Texas, an easement above, across and under the
real property located in Harris County, Texas, further described in Exhibit A, which is attached
hereto and incorporated herein for all intents and.purposes (the "Property") for a public trail and
related appurtenances.
GRANTOR has the right to use the surface of the Property for all purposes that do not
interfere with or interrupt the use of the Property by GRANTEE or the public. GRANTEE may
not use the Property for the purpose of utilities, drainage or any other purpose other than the
construction, maintenance and use as a public trail and related appurtenances as described herein
without the prior approval of the GRANTOR, which shall not be unreasonably withheld,
conditioned or delayed.
TO HAVE AND TO HOLD the above-described property, together with all and singular
the rights and appurtenances lawfully accompanying it, together with the rights of ingress and
egress to and from said easement for the purpose of constructing, inspecting, repairing,
maintaining and removing a trail and for the public's use and enjoyment thereof, unto the said
CITY OF BAYTOWN, and its successors and assigns forever.
Trail Easement, Page 1 .
•
GRANTOR does hereby bind itself, its successors and assigns to WARRANT and
FOREVER DEFEND, the said premises unto the said 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 i& day of (�(l r; I , 20 6 7
OWNER: V\V
GARRETT-BECK CORPORATION
ig_c_WAAA, Avg 0-----
(Signature)
A'c ieky Cal` re.i
(Printed Name
N; ere 5--
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
I
I Barbara GArre # ,
yyi�I
I✓ known to me;
proved to me on the oath of ; or
through his current {description of identification card or
other document issued by the federal government or any state government that
Alcontains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, doing so as
the b r e,r .den 4- of GARRETT-BECK CORPORATION, a Texas Corporation and
on its behalf.
Given under my hand and seal of office this /4, day of riper,' I - , 20 v`7
lirk . ii6e
p�::i.v,s SUSIE MILLER HILL '?_. ;r° l
Notary Public,State of Texas No ary 'ublic in and for the
p� My Commission Expires State of Texas
-'2E �E:�'s March 29,2010
My commission expires: &a1 ale/0
Trail Easement,Page 2
GRANTOR'S ADDRESS:
GARRETT-BECK CORPORATION
1106 PARK ST
BAYTOWN, TX 77520-2322
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CITY CLE
P. O. BOX 424
BAYTOWN, TEXAS 77522-0 4
FILED FOR RECORD
8:00AM
APR 3 0 2007
County Clerk,Harris County,-Texas
R:\Karen\Files\Legal\Deeds&Easements\Garrett&BeckTrailEasement.doc
Trail Easement,Page 3
0 50 100 150 200 300
m
SCALE: 1°= 100'
•
N86°30'22"E 393. 53'
313. 53' POINT OF
;;C7
COMMENCING , o
r .
1/2"Iron rod found
0 : ':::
5 :-• Z�Ol(S�� C
rt OF ICY,= __'%� _�" i" o
25'EASEMENT i o -- --
/
Garrett—Beck qy
H.C.C.F. No. C853354 ! O o— om.
�
/o �0 ti�
/ / O O
,/ // p�
/ tJ
/' // PROPOSED Ci
// //' TRAIL tti
/
I t q BHCSMM
I 4•..,, Baytown, LLC
I ".to H.C.C.F. No. W300092
/ ' 1 Garrett—Beck ro
/ ' / Corporation v o
called 4.2600 acre s_.
% f H.C.C.F. No. C058459
t r !
/.
Gi; / POINT OF
-Q iT TERMINUS
0� --�"+"
o „ L
City of Baytown
,�����tj Condemnation y
4'1 No. 46761 V
ING S a ,
Y A C T NO
•
W
Rv BSTR PARK AVENUE
q H A A (a variable width right—of—way)
I:rfi
■ ■ Project No: AVO # 21105
.■■ Half Associates Issued:
-� ENGINEERS.ARCHITECTS.SCIENTISTS.PLANNERS.SURVEYORS Drawn by: FR
3701 KIRBY DRIVE,SUITE 1290 Checked by: GCB HOUSTON.TEXAS 77096
PHONE:713-523-7161 FAX:713-523-4373 Sheet Title
EASEMENT EXHIBIT
City of Baytown
Harris County,Texas Sheet Number
� � • 3701 Kirby Drive
■■■ Halff As s oclate sSuite 1290
Houston,Texas .77098-3926
(713)523-7161
Fax(713)523-4373
HELD NOTE DESCRIPTION
Being a 25 foot wide tract of land situated in the City of Baytown, Harris County, Texas and out of the
Harvey Whiting Survey, Abstract 840, Harris County, Texas, also being a portion of the called 4.2600
acre tract of land described in the deed to Garrett-Beck Corporation recorded under Harris County
Clerk's File Number(H.C.C.F.No.) CO58459, and being out of and a part of that called 4.0300 acre tract
described in the deed to Garrett-Beck Corporation recorded under H.C.C.F. No. C853354, the centerline
of said 25 foot wide tract more particularly described as follows;
COMMENCING at a 1\2" iron rod found for the northeast corner of a 30 foot wide strip of land
described in the deed to Garrett-Beck Corporation recorded under H.C.C.F. No. J449446 common with
the northwest corner of the called 5.1472 acre tract described in the deed to BHCSMM Baytown, LLC
recorded under H.C.C.F. No. W300092 and being in the south line of a drainage ditch (30 feet wide)
described in the deed to the City of Baytown recorded in Film Code No. 792-08-0814;
THENCE South 03°05'O1"East, 177.53 feet along the common line of said 30 foot wide strip with said
5.1472 acres to the POINT OF BEGINNING being in a curve to the right;
THENCE departing the common line of said 30 foot wide strip with said 5.1472 acres and across said 30
y5 foot wide strip the following:
1. 29.15 feet along said curve to the right having a radius of 80.00 feet, a central angle of
20°52'35", and a chord that bears North 71°01'44" West, 28.98 feet to.a point of reverse
curvature of a curve to the left;
d
2. 29.62 feet along said curve to the left having a radius of 20.00 feet, a central angle of
84°50'36", and a chord that bears South 76°59'15" West, 26.99 feet to a point of reverse
curvature of a curve to the right;
3. 24.97 feet along said curve to the right having a radius of 35.00 feet, a central angle.of
40°52'10", and a chord that bears South 55°00'02" West, 24.44 feet to a point of compound
curvature of a curve to the right;
4. 75.85 feet along said curve to the right having a radius of 150.00 feet, a central angle of
28°58'23", and a chord that bears South 89°55'18" West, 75.05 feet to a point of reverse
curvature of a curve to the left;
5. 33.97 feet along said curve to the left having a radius of 40.00 feet, a central angle of
48°39'27", and a chord that bears South 80°04'47" West, 32.96 feet to a point of compound
curvature of a curve to the left;
6. 83.45 feet along said curve to the left having a radius of 120.00 feet, a central angle of
39°50'47", and a chord that bears South 35°49'39" West, 81.78 feet to a point of reverse
curvature of a curve to the right;
7. 117.34 feet along said curve to the right having a radius of 160.00 feet, a central angle of
42°01'11", and a chord that bears South 36°54'52" West, 114.73 feet to a point of reverse
curvature a curve to the left;
HOUSTON • DALLAS • FORT WORTH • McALLEN • AUSTIN • FRISCO • SAN ANTONIO
TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • ENVIRONMENTAL • STRUCTURAL
MECHANICAL • ELECTRICAL • SURVEYING • GEOGRAPHIC INFORMATION SYSTEMS
ARCHITECTURE • LANDSCAPE ARCHITECTURE • PLANNING
• t
Page2of2
8. 58.17 feet along said curve to the left having a radius of 60.00 feet, a central angle of
55°32'53", and a chord that bears South 30°09'01" West, 55.92 feet to a point of reverse
curvature of a curve to the right;
9. 51.43 feet along said curve to the right having a radius of 80.00 feet, a central angle of
36°50'10", and a chord that bears South 20°47'39" West, 50.55 feet to a point of reverse
curvature of a curve to the left;
10. 54.14 feet along said curve to the left having a radius of 75.00 feet, 'a central angle of
41°21'30", and a chord that bears South 18°31'58" West, 52.97 feet to a point of reverse
curvature of a curve to the right;
11. 17.03 feet along said curve to the right having a radius of 30.00 feet, a central angle of
32°31'21", and a chord that bears South 14°06'55"West, 16.80 feet to a point of tangency;
THENCE South 30°22'35" West, 71.69 feet to the northerly line of the called 2.63 acre tract awarded to
the City of Goose Creek by condemnation.proceeding No. 46761 in County Court at Law No. 2 of Harris
County, Texas, June 26, 1941, and being out of and a part of the called 5.00 acre tract described in the
deed to the City of Baytown recorded under H.C.C.F. No. Y271988, to the POINT.OF TERMINUS of
i1/41 said centerline.
off',
•
• II
CI :) I?y i':- :C..
SCALE:I. : 100.
,--- N86.30'22"E 393. 53' -,
N (`- 3I3' 53' POINT OF
COMMENCING , o
:i I., -Iron rorl found .
Ah h
1I Q ,� ^� ,S01yG
p 25'EASEMENT `� 4� 1�1y1
i 14'
c. OF _��..
Garrett-Beck //.7
Corporation 1V r j ���
H.C.C.F. No. CBa J5-I 0 t/ Io
rI
J--- o
' PROPOSED -icL
% i TRAIL .�,
' c
t I exc vu
Baytown. LLC
/ % carrell-Beck
a a H.C.C.F. No C7000D2
// ' I Corporation
/ 7 k
called 4..600 acre kt
%I/ H.CC.F No. C088450
I ,
=;'IT' POINT OF
TERMINUS
-e/ •
/jam.
Cilr of Baytown
Condemnation
No. 48:61 E Y
Ir1NNG° 6
If a
II a R '9•`-' ' rz PARK AVENUE
(a Iarlab/e width rirhl-o/-we 0
-------------
.i! '"
Half Associates: `'°' "`: ""° 0 2„05 '
1.=1 Tar.atrs.,00.:e_S.VC.._r_ P:MK.:. VW'_r:: Drawn by: F 1
1701 ORBS DRIVE.SUITE 1290
HOUSTON.TEXAS 77098 r by; GCB
PHONE:711-523-7151' FAX,71T-523-1373 - Plan M.
I EASEMENT EXHIBIT
City of Baytown
Harris County,Texas I Shen Numbed,