Ordinance No. 12,233ORIANAN(I'. NO. 12,233
AN ORDINANCIT (A' 11 RE CITY C'OUN(II, 01"'I'l It", CITY OF BAYTOWN,TEXAS,
AUTHORIZING THE CITY MANAGER IT) HXECUTF, A LLT'I'FR AGRI`,L`,M[,',N'I'
VVI'lli J01-IN 14. F11'Z(]IERA1,.D FANHLY TRUST Rr',GARDING
C0NVF',YANU` OF AN F,,ASEMENT TO THL', UT)" IN [EXCHAN(,'jI.,, FOR "rI,IF'
MAIN "I'F-.,'NANCF, OF A FOURANCH FORCt', MAIN "170 BL, LO(WfpD IN PUBLIC'
RIGIF'1'S-()I,'-WAY; AND PROVIDING FOR THE EFFECTT1%q1 DNrE 111FREOF.
BIT ITORDAINE�D BYT IL: CATY ()FBAY`FONVN,'I'FXAS:
Semion 1: Umt be City Council of the City (& Mytown, Texas, hereby authorizes, tile C'o'y
Manager to execute as letter agmmets "Ah John M. 110gerald liandly"llust regs,jrding the conveyance of
all ezisculent to the City it) exchange for the maintenantne of as Rmt-wch force Inain 10 be located in public
rights- cal "my. ik copy or said agreement isamiched hewto as ExhMR -A7 and it em-potmed hack Au all
intents and purposes.
Section 2: Ws ordimance shall We clTht hnmedhacly han and aMm its passage by the
coy councii orme coy or Baytmvn.
INTRODUCIED, READ and PASSED by the all-irmative vole o 4he Coy Council ofthe Cuy of
vo'e ihe (o�
Mytawn, thk the 110 day of ApA 2013.
S, 1`11
XONC," RLOS, N/la )r
A
erl�
APPR(M.".1) AS TO F"ORM:
--�o
, t 'Ac 170
1 31A p I d I pi F I I,' �,-',mddku I u I v] rw fl,c It CrAgu"� I; nc I It do ,
.Joint M. Fitzgerald Farnily Trust
A IvIn blin D. Ruguald
PX), Box 82
Mont Belvieu„ I' 7580
Re: Emement Transfer and Force Main Nlaimenance
War N/In Fitzgerak]:
This Letter Agreement ("Agreement'] evidences A ternis and conditions, under which (i) site
John M. Fitzgerald Family Trust (-Owner") will dedicate a 20'-Nvide utifiu), casement to City of'Baytown
(the WqQ and (ii) the City of'Bayto%%n will take over mairacnance of a 4-inch force main tea be located
within the public right-of-way, as more particularly described herein.
Owner's Obligations
1.01 (Mier shall submit wi to City Engit=4 pkins, and slice ificatiol is, I'lor tile consuMMI of
as 41wh force ninhi coninienchig at the northeast corner of the Ownei's property and then
running in an easterly direction appUrnately 1,000 Net in the I-M righwo4w, and
dien nmnkg in as southerly direction approximultely 200 fcct in the State I-lwy 146 right.
of =way to the City of Baytown 's LAR Statimi No, 33, as more particularly depicted ill
E*,xhibit -A," which is amwkd hercu"md hwmTmated herein for till intents and purposes
(tile "Force'tMain"T Me the pWns and specifications ofthe Force Main are approved in
writing by the City Enoneen the Owner shall construct the same and obtain tile City
Engineer's approval orwe cornocted Force Main %viddri one par kom be dam hereof.
1.02 0"wer shall convey "Wont encutnbrances as utility casement to the City, heing,
Wwximalek I IOW x 20' cmerrdhig born Old Needlepoint Road north along Owner's
west property line, is more p arliculni'l), depicted ill I'Lxhibit "13," which is attached hereto
and incorporated herein for all intents and puipows (Hie "Easement Area"). Such
dedication AM be its tit form approved by [lie City Attorney and by site Owner.
1.03 Owner shall atake the dedication specified in section 1.02 nrid deliver possession of tile
Properly within thirty (30) days of receiig of as COPY' Of tile SLII•Cy' of the Easement Area,
or at such other time as may be iniawally agreed upon in writing by the parties,
City's obligations,
2AI ARcr site Chy Enghcul"s apimvval or the Force Main as required in Section 1.01
hereinabove -and the Citys receipt of the utility casement, tile City will assurne all,
maintenance and replacement reqwnsibi lit ics Cor the surne as consideration Ibr the
Owner's conveyance of Faseruent Area to the C,,ity,
M The Ch.), will employ as reg-istered professional land surveyor tc obtain a survey of tile
Easement Area.
John M. Fitzgerald Family Trust.
Letter Agreement
March 25, 2013
Page 2
2.03 The City shall endeavor to commence construction of the water line to be placed in the
Easement Area within five (5) years after the Owner's conveyance of the easement to the
City. Once construction is commenced, the City will endeavor to diligently pursue such
construction to completion.
2.04 Should construction fail to commence within the time period specified in section 2.03,
the easement shall revert back to Owner upon request. This reversion shall be
accomplished through a separate written instrument executed by the City within ten (10)
business days of the City's receipt of Owner's written request therefor.
2.05 The City's obligations pursuant to Section 2.01 hereof shall not be affected by the
reversion, if any, of the easement back to the Owner.
2.06 It is the City's intent to use Old Needlepoint Road right -of -way to extend utilities to
Highway 146.
2.07 The City shall leave as many existing trees with in the Easement Area as the City's
Director of Engineering, in his sole discretion, deems possible given the construction,
maintenance and repair activities associated with the water line to be placed therein.
3. General Conditions
3.01 There shall be no broker's fees associated with this transaction.
3.02 This Agreement shall be binding upon the legal representatives or successors of tite
parties.
3.03 The Owners and the City agree to execute all documents necessary to consummate the
conveyance of the Easement Area and the Force Main maintenance responsibilities of the
City.
Should the above - referenced terms and conditions be acceptable to you, please have this letter
agreement executed by the appropriate trustee(s) and return the same to my attention at the above -
referenced address. When I receive an executed copy of this letter from you, I will present it to City
Council for its approval.
Should you have any questions or if I may be of any assistance, please do not hesitate to contact
me. Thank you for your assistance in this matter.
AGREED:
OWNER
'ncerely,
iirse A. astrana, P.E.
ector of Engineering
AGREED:
CITY OF BAYTOWN
aL W/ - _-z 7 -Fol_-:�
JoVdi D. Fitzgerald, Thikee (Date) Robert D. Leiper, City Manager (Date)
John M. Fitzgerald Family Trust.
Letter Agreement
March 25, 2013
Page 3
STATE OF TEXAS §
COUNTY OF HARRIS §
r
Before me, C It C, the undersigned notary public, on this day
personally appeared J—ofui D. Fitzgerald, in his capacity as Trustee of the John M. Fitzgerald Family Trust,
the owner of the Easement Area, 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. ,, r
JLA
SUBSCRIBED AND SWORN before me this Zday of 2013.
vv
Julie C. Herrera No Pu lic in and for the State of
Notary Public. State of Texas z Tefias
���It\ �;• My Commission Expires:
March 31, 2015
lbobfsOIUAgal\Kamn\ iles\Conuacu\FitzgaWd F.a mcnt Fxchangeli n"Agmmentdoc
Exhibit "A"
r
,,i, /ir of rt m an
uj
CC
/rr /�iair /i /rill tlA ff m w W �
axs i rtu w
X, X
..9 Intl In "4 wr�u y vlr W,
cj
UJ
I
CA
"w,a"
U.
CL
.;d
i
i r i
n
r
�.
x„
b
Arun ^�4fta j uQ
w
4n,
w�Mr7
gym.
Leg
w
a) 5)
0
..t
4 43
M
i
Cr m
ua
rrY.�
nu
fe 6+1,r
aal uar
U'bd
Ep
x '
V
cu
ca yea
re °
as
�i
/1
w
u
VC
M
i'
A
ro,
m ^M^rM
m
y..;, �!"M4rNprWxyiµ�klp✓lru5y,yp'
a
rw.
La
M� �., p
"'r°%awwgler r� trl ,.,,,,,Y.axS
fn
eN
s
99 ��
�r a ao
E G www
i
awwwar,wrw
�
�h
�,
M44
4`M1
d
R
119
�Y
qm
GLb,
5..
� hi
w
°"d y
a�
5 nprrw�wyru
CL
'i5 dale
�
�w h
�ia• I
�V�,V
awl
� �
Wl
"S
L12
\ 1
r
M
yew
CD
"w.
q
'G
yy
AIM
in
'r4r�1,
Mrr
�,w
5 55i
w"p^wrwmwaw:wurrwe'r*'s"w
ki qy
Y
p