Ordinance No. 14,712ORDINANCE NO. 14,712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A 0.854-ACRE SANITARY SEWER EASEMENT FROM
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473, FOR THE
WEST DISTRICT WASTEWATER TREATMENT PLANT - SECOND FEED
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 accepts a
0.854-acre sanitary sewer easement from Harris County Municipal Utility District No. 473, for the
West District Wastewater Treatment Plant - Second Feed Project. Such easement is attached
hereto as Exhibit "A" and is 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 of the City Council of the
City of Baytown this the 22nd day of April, 2021.
BRANDON CAPETILLCk Mayor
ATTEST: �OF OpYToWN rIt
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ANGELAS CKS , Interim City Clerk
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APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RAKaren Homer DocumentsTiles City Council Ordinances\2021\April 22\AcceptingEasementfromHCmud473.docx
EXHIBIT "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE 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.
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473, a political
subdivision of the State of Texas (hereinafter referred to as the "GRANTOR"), for and in consideration
of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration paid
by the GRANTEE (herein named), the receipt and sufficiency of which are hereby acknowledged and
confessed by GRANTOR, has GRANTED, SOLD and CONVEYED and by these presents does hereby
GRANT, SELL and CONVEY unto the CITY OF BAYTOWN, TEXAS (hereinafter referred to as
the "GRANTEE"), an easement (the "Easement") for the laying, construction, installation,
maintenance, repair, replacement, removal, modification and operation of a sanitary sewer line and
related connections and appurtenances thereto (collectively, the "Sanitary Sewer Facilities") upon,
across, and under that certain real property located in Hams County, Texas, containing 0.854 acre,
which is more particularly described in and shown on Exhibit "A" attached hereto and incorporated
herein for all intents and purposes (the "Easement Tract").
Notwithstanding anything herein to the contrary, GRANTEE hereby recognizes and
acknowledges that a detention pond, including all related connections and appurtenances thereto
(collectively, the "Detention Facilities"), is currently located within and adjacent to the Easement Tract,
and in no event shall GRANTEE's use of the Easement Tract hereunder unreasonably interfere with
GRANTOR's construction, maintenance, repair and operation of the Detention Facilities. In the event
that the Detention Facilities are damaged in connection with GRANTEE's use of the Easement for the
purposes specified herein, GRANTEE shall promptly repair such damage at its sole cost and expense
(subject to GRANTOR's inspection and the reasonable approval of such repair promptly following the
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completion of same by GRANTEE).
Further, GRANTOR hereby expressly reserves the right to the use and enjoyment of the surface
of the Easement Tract for any and all purposes, including, without limitation, (i) the construction,
maintenance, repair and operation of the Detention Facilities, and (ii) the right to dedicate other
easements within the Easement Tract; provided, however, GRANTOR's use and enjoyment of the
surface of the Easement Tract shall not unreasonably interfere with GRANTEE's use of the Easement
for the purposes set forth herein.
Prior to the commencement of the initial construction of the Sanitary Sewer Facilities on the
Easement Tract, GRANTEE must submit to GRANTOR's engineer (Dwayne E. Culp; Culp Engineering,
LLC; (713) 898- 1977) ("Grantor's Engineer"), for prior review and written approval (which approval
shall not be unreasonably delayed, conditioned or denied) full and complete detailed plans for the Sanitary
Sewer Facilities (the "Plans"). The Plans shall comply with the requirements of all governmental agencies
having jurisdiction thereof, and GRANTEE will obtain written approval of the Plans by such
governmental agencies, if required by such agencies. GRANTEE shall construct the Sanitary Sewer
Facilities within the Easement Tract in substantial compliance with the Plans approved in writing by
Grantor's Engineer. GRANTEE will, at all times after doing any work in connection with the Easement,
restore the surface of the Easement Tract to substantially its condition prior to the undertaking of such
work.
GRANTEE, at its sole cost and expense, shall maintain and keep the Sanitary Sewer Facilities in
good condition and repair. In the event that any such maintenance or repair work to be performed by
GRANTEE within the Easement Tract shall unreasonably interfere with the use of the Easement Tract by
the GRANTOR, GRANTEE shall notify Grantor's Engineer prior to GRANTEE's commencement of
any such maintenance or repair work within the Easement Tract and coordinate the scheduling of such
maintenance or repair activities in a manner satisfactory to GRANTOR, unless the repair is an emergency
repair for which notice cannot reasonably be given and scheduling cannot reasonably occur beforehand.
This conveyance is made subject to any and all restrictions, covenants, easements, rights -of -way,
encumbrances and mineral or royalty reservations or interests affecting the Easement Tract and appearing
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of record in the Official Public Records of Real Property of Harris County, Texas, to the extent that said
items and matters are in effect and validly enforceable against the Easement Tract (the "Permitted
Encumbrances").
TO HAVE AND TO HOLD, subject to the matters set forth herein, the Easement, together with
all and singular the rights and appurtenances thereto in any wise belonging, together with the rights of
ingress and egress to and from said Easement for the purposes expressly provided hereunder, unto
GRANTEE, its successors and assigns, forever.
GRANTOR agrees to bind itself, as well as its successors and assigns, to WARRANT and
FOREVER DEFEND, the Easement unto GRANTEE, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under
GRANTOR, but not otherwise, subject to the Permitted Encumbrances.
The covenants and agreements contained herein shall run with the land and shall inure to the
benefit of and shall be binding upon GRANTOR, GRANTEE and their respective successors and
assigns.
This instrument and the provisions contained herein shall be interpreted and construed in
accordance with the laws of the State of Texas, without regard to conflict of laws principles, and venue
for any suit, action, or proceeding instituted in connection with any controversy arising out of this
instrument or the Easement shall be the state courts situated in Harris County, Texas.
This instrument may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which, taken together, shall constitute one instrument.
Grantee's address is P.O. Box 424, Baytown, Texas 77522.
[Signature pages follow this page.]
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EXECUTED by Grantor this the 0% day of February, 2021.
GRANTOR:
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 473
By:
Name: Ten t
ag t a
Title: President
ATTEST:
By: -
Name: Jason ump
Title: Seoiletary
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the��day of February, 2021, by Teri Laguarta,
President, and Jason Klump, Secretary of the Board of Directors of HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473, a political subdivision of the State of Texas, on behalf of said political
subdivision.
(NOTARY SEAL)
VERONICA SEGUIN GREFF
Notary ID #128697178
My Commission Expires,
Fore" August 7. 2023
�5 ---
No tale o Texas
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Executed by GRANTEE on the date set forth in the acknowledgment below, but AGREED to,
ACCEPTED and EFFECTIVE as of the date executed by GRANTOR.
GRANTEE:
CITY OF BAYTOWN, TEXAS
Brandon Capetillo, Mayor
ATTEST:
Leticia Brysch, City Clerk
099:1IiLV/! 3I7:%%Ilei tIQ.17UvA
Karen Horner, City Attorney
THE STATE OF TEXAS
COUNTY OF_HARRIS
This instrument was acknowledged before me on the day of April, 2021, by Brandon
Capetillo, Mayor of CITY OF BAYTOWN, TEXAS, on behalf of said city.
(NOTARY SEAL)
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Notary Public, State of Texas
GRANTOR'S ADDRESS:
c/o ALLEN BOONE HUMPHRIES ROBINSON LLP
3200 SOUTHWEST FREEWAY, SUITE 2600
HOUSTON, TEXAS 77027
RETURN TO GRANTEE:
CITY OF BAYTOWN
ATTN: CITY CLERK
P.O. BOX 424
BAYTOWN, TX 77522
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Exhibit A
Legal Description and Sketch of the Easement Tract
PAPE-DaWsoN
FA ENGINEERS
METES AND BOUNDS DESCRIPTION
FOR A PROPOSED
SANITARY SEWER EASEMENT
A description of a 0.854 acre, or 37,198 square feet of land out of Reserve "B", Block 1, of
Thompson Ten Business Park Section One as recorded in Film Code No. 676844 of the Map
Records of Harris County, Texas, situated in the Nathaniel Lynch Survey, Abstract No. 44, In
Harris County, Texas, and more particularly described as follows, with bearings based on the
Texas Coordinate System established for the South Central Zone fi•om the North American Datum
of 1983 (NA201 l) epoch 2010.00:
BEGINNING at a found 5/8" iron rod with cap stamped "ALES" found for the Northwest cornet
of said Reserve B, Block 1, of Thompson Ten Business Park Section One and in the southeast
right-of-way of Thompson Park Drive 60.0 feet wide recorded under Film Code 676844 of rile
map records of Harris County;
THENCE North 63 degrees, 06 minutes, 28 seconds East with the southeast right-of-way of
Thompson Park Drive, a distance of 30.00 fleet to a point for corner:
THENCE South 26 degrees, 53 minutes, 32 seconds East a distance of 326.39 feet to a point for
corner:
THENCE South 81 degrees, 53 minutes, 39 seconds East a distance of 244.35 feet to a point for
corner:
THENCE North 63 degrees, 06 minutes, 21 seconds East a distance of- 531.81 feet to a point for
cot ner:
THENCE North 18 degrees, 06 minutes, 21 seconds East a distance of 84.87 feet to a point for
corner:
THENCE North 63 degrees, 06 minutes, 21 seconds East a distance of 42.43 feet to an interior
corner of said Reserve "B", Block One of Thompson Ten Business Park Section One:
Page 1 of 3
TBPE Fmn Regisualion ,4470 I TOPLS Firm Registratm 110194495
Houston{ I San Antonio I Austin I Fort Worlh I Dallas
Transportation I Water Resources I Land Development I Surveying I Environmental
M Village Square Dr., Suite P, Tomball, TX 77375 T: 281.655.0634 mwr.Pape- Davison cum
Sanitary Sewer Lasement
FN49128-19 0.854 acres
Page 2of3
THENCE with the southeast line of said Reserve "B" South 18 degrees, 06 minutes, 21 seconds
West a distance of 84.87 lect to a point for corner:
THENCE continuing with the South line of said Reserve "B" South 63 degrees, 06 minutes, 21
seconds West a distance of 553.70 feet to a point for corner:
THENCE with the southwest line of Reserve "B" North 81 degrees, 53 minutes, 39 seconds West
a distance of 269.42 feet to a mag nail with shiner found for corner:
THENCE with the West line of Reserve "B" North 26 degrees, 53 minutes, 32 seconds West a
distance of 342.01 feet to the POINT OF BEGINNING, containing 0.854 acres or 37,198 square
feet of land.
PREPARED BY: Pape -Dawson Engineers, In,:.
DATE: June 10, 2019
Job No. 49128-19
1 BPE Firm Registration 11470
TBPLS Finn Registration h 10194495
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ENGINEERS
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