Ordinance No. 11,786ORDINANCE NO. 11,786
AN ORDINANCE OF THE CITY COUNCIL 01"I'l-IF"' CITY OFBAY'l-OWN,
TEXAS, GRANTING AN EASEMENT TO GTE' SOUTIJWl'--'S'l-
INCORPORATI :D D/B/A VERIZON SOUTHWEST. MAKI'NG OTHER
PROVISIONS RELATED THEIREITO; AND PROVIDING FOR "l
IAA TETI I ERI'01',
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1. That contingent upon receipt of SE VF'N THOU SAND FIVE HUNDRED
AND NO1100 DOLLARS ($7,500,00), the City Council of the City olBaytown, Texas, hereby
grants an easement to GTE Southwest Incorporated d/b/a Verizon SOUthwest. 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 froin and after its passage by
the City COLincil of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmativ vote of the City Council of the
City of Baytown this the 271' day of October, 2011.
q6' 'ACID RAMIREZ, SR., City ey
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DONCARLOS, Mhyor
STATE OF: TEXAS )
COUNTY OF: HARRIS )
Exhibit "A"
RIGHT -OF -WAY
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
EXCHANGE: BAYTOWN
ORDER NO. 5406.611 3TOAOBE
That THE CITY OF BAYTOWN; TEXAS, of the COUNTY of HARRIS, and State aforesaid (the "Grantor"), for and in
consideration of the sum of $7,500.00 Dollars to THE CITY OF BAYTOWN, TEXAS in hand paid by GTE SOUTHWEST
INCORPORATED D/B/A VERIZON SOUTHWEST (the "Grantee ").
The receipt of which is hereby acknowledged and confessed, have this day granted and conveyed and do, by these presents,
grant and convey unto VERIZON its successors and assigns, an easement 15'0" X 31'0 "; in size, 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, provided that those aboveground markers,
fixtures and appurtenances may not exceed a total of 470.4 square feet.
Being a 470.4 square feet tract or parcel of land situated in Reserve "L" of Eastpoint Subdivision, Section I, according to the
map or plat thereof recorded in Volume 311 Page 3 of the Hams County Map Records and the Partial Replat recorded in
Volume 319 Page 95 of the Harris County Map Records, and being a portion of a called 2.500 acre tract as described in deed
dated December 30, 2005 from JSS Acquisition, LLC to the City of Baytown and recorded in Harris County Clerks File No.
Y998180.
SEE ATTACHED EXHIBIT A. ATTACHED HERETO AND MADE A PART THEREOF.
Situated In HARRIS County, State of TEXAS, and the Grantor(s) recognizes the general course of said line, as above
described, is based upon preliminary survey only, and Grantor(s) hereby agree(s) that the easement hereby granted shall be
fixed by the attached metes and bounds.
Grantor covenants for himself, his successors and assigns, not to place or maintain any building or structure on said
easement, except for driveways, sidewalks, landscaping and other similar items as determined necessary or appropriate
by the Grantor.
Grantee will not have any right of ingress or egress over any of Grantors adjacent lands to or from the right-of-way for
any pose whatsoever.
Grantee shall have the obligation to repair and replace any damage caused by Grantee and/or its officers, agents,
employees, contractors, and invitees. Should Grantee fail to repair and replace that which was damaged within 10 days of a
request from the Grantor, Grantor may do so at Grantee's sole cost and expense and shall assess interest on delinquent
payments at the rate specified in chapter 2251 of the Texas Government Code. Additionally, Grantor may, at its option
terminate this easement if Grantee fails to make the requisite repairs and/or replacements in accordance with this paragraph.
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.
And 1(we) do hereby grant the easement described hereinabove to said Grantee, its successors and assigns, subject to
the provisions stated herein without warranty of any kind.
LUXWED MIS day of _ . 2011
State of Texas
County of
This instrument was aclmowledged before we on
(date) by
persons acknowledging).
NAME HERE
(name or names of person or
(Notary Public Si gnature) (PERSONALIZED SEAL)
FIELD NOTE DESCRIPTION
470.4 SQUARE FEET
PROPOSED VERIZON EASEMENT
Being a 470.4 square feet tract or parcel of land situated in Reserve "L" of
Eastpoint Subdivision, Section 1, according to the map or plat thereof recorded in
Volume 311 Page 3 of the Harris County Map Records and the Partial Replat
recorded in Volume 319 Page 95 of the Harris County Map Records, and being a
portion of a called 2.500 acre tract as described In deed dated December 30, 2005
from JSS Acquisition, LLC to the City of Baytown and recorded in Harris County
Clerks File No. Y998180 and being more particularly described by metes and
bounds as follows;
BEG1N1KiNG at a 5/8" iron rod with cap found for the southwest comer of the said
called 2.500 acre tract;
THENCE N 12°34'39" W, called N 12 °33'33" W, along the west line of the said
called 2.S00 acre tract, a distance of 31.00 feet, to a 112° iron rod with plastic cap
stamped `RPLS 4980" set for the northwest corner of the herein described tract;
THENCE N 78 °04'06" B, parallel to the south line of the said called 2.500 acre
tract, a distance of 15.35 feet, to a 1/2" iron rod with plastic cap stamped "RPLS
49801 set for the northeast corner of the herein described tract;
THENCE S 11 °55'54" B, perpendicular to the south line ofthe said called 2.500
acre tract, a distance of 31.00 feet, to a 1/2" iron rod with plastic cap stamped
"RPLS 4980" set on the south line of the said called 2.500 sore tract for the
southeast comer of the herein described tract;
THENCB S 78004'0&'W, along the south Una of the said called 2.500 acre tract, a
distance of 15.00 feet, to the POINT OF BEGINNING, containing a calculated
area of 470.4 square feet of land.
NOTE: This field note description is part of the plat of same date. The bearings
shown hereon are referenced to S 78°04'06" W along the south line of the said
called 2.500 acre tract.
G.S. NO. 4980
1 -2011
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