Ordinance No. 14,719ORDINANCE NO. 14,719
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ABANDONMENT OF A UTILITY EASEMENT OBTAINED
IN CONNECTION WITH THE BAYTOWN AREA WATER AUTHORITY'S EAST
WATER TREATMENT PLANT, SUBJECT TO THE BAYTOWN AREA WATER
AUTHORITY'S RECEIPT OF A SPRAY FIELD EASEMENT FROM TGS CEDAR
PORT PARTNERS, L.P; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the Baytown Area Water Authority's receipt of a spray field
easement from TGS Cedar Port Partners, L.P., the City Council of the City of Baytown, Texas, hereby
authorizes the abandonment of a utility easement obtained in connection with the Baytown Area Water
Authority's East Water Treatment Plant. A copy of said abandonment is attached hereto as Exhibit "A"
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 affinnative vote of the City Council of the City of
Baytown this the 13"' day of May, 2021.
DO CAPE ILLO, yor
HORNER, City
RAKaren Homef DocumentsTiles City Council Ordinances\202 I Way 13\AbandonmentotUtilityEasement.doc
Exhibit "A"
ABANDONMENT OF EASEMENT
STATE OF TEXAS §
COUNTY OF CHAMBERS §
THE CITY OF BAYTOWN, TEXAS a political subdivision of the State of Texas, hereby
abandons and disclaims all rights, title and interest it may have in and to that certain Utility
Easement granted to THE CITY OF BAYTOWN, TEXAS, as set out by instrument(s) filed for
recorded in Chambers County under Instrument 00097616 Book OR Volume 1524, Page 440 through
Page 448 which is attached as Exhibit "A".
This abandonment is not intended to and shall not affect any other easement of the THE
CITY OF BAYTOWN, TEXAS and no other easement or property right of the THE CITY OF
BAYTOWN, TEXAS shall be deemed to be abandoned or waived by the execution and filing of
this document.
EXECUTED this day of , 2020.
THE CITY OF BAYTOWN, TEXAS
BY:..
Title:
STATE OF TEXAS §
COUNTY OF CHAMBERS §
This instrument was executed before me on the _
, 2020, by ,
CITY OF BAYTOWN, TEXAS by and on its behalf.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
Smith, Murdaugh, Little & Bonham,
L.L.P. 2727 Allen Parkway, Suite 1100
Houston, Texas 77019
day of
of THE
Exhibit A
See Attached
Electronically Recorded Instrument: 00097616 Book OR Volume: 1524 Page 440
Heather H. Hawthorne, County Clerk, Chambers County, Texas
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (this `Agreement) is made and entered
into as of October, 2014, by CEDAR CROSSING, L.P., a Texas limited partnership
("Grantor"), as grantor, for the benefit of'ITIE CITY OF BAYTOWN, TEXAS ("Grantee").
WITNESSETH
WHEREAS, Grantor is the fee owner of a certain tract of land thirty feet (30) in width
more particularly described on Exhibit A attached hereto and by this reference made a part
hereof for al purposes (the "Easement Tract).
WHEREAS, Grantor desires to grant Grantee a perpetual utility easement on, over and
across the Easement Tract.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and the mutual covenants hereinafter, the parties, intending to be legally bound,
do hereby agree as follows:
1. Utility Easement. Grantor hereby grants to Grantee a perpetual casement for
ingress and egress and for the construction of underground and aboveground utilities, including,
but not limited to power, communications, water, sewer, storm sewer, and fiber optic lines, on,
across and over the Easement Tract (the "Easement'). This grant is made and accepted subject
to any and all matters of record affecting the Easement.
2. Relief Available Upon Breach. Each party shall have the right to prosecute any
proceedings at law or in equity against any other party hereto, or any other person, violating or
attempting to violate or defaulting in the performance of any of the provisions contained in this
Agreement, in order to prevent such party or person from violating or attempting to violate or
defaulting in the performance of any of the provisions of this Agreement and to recover actual
damages for any such violation or default.
3. Utilization of Easement, This Easement is granted without representation or
warranty as to the condition of the Easement Tract or the suitability of the Easement Tract for
Grantee's intended use. Grantee assumes all risks regarding the utilization of the Easement Tract
and releases Grantor from any liability in connection therewith. Grantor reserves the right to
cross over the Easement Tract with rail tracks, roads, driveways and utilities, but such use shall
not interfere with Grantee's utility improvements now or hereafter constructed in the Easement
Tract.
4. Covenant Running With Land. The easement and covenants created herein and the
covenants, rights, privileges, benefits, duties, obligations and liabilities created hereunder shall
run with the land, shall burden the Easement Tract and shall be binding upon Grantor, its legal
representatives, tenants, employees, successors and assigns.
3070320 1
Electronk:a!ly Recorded Instrument: 00097616 Book OR Volume 1524 Page 445
Heather H. HavAhcme, County Clerk, Chambers County. Texas
5. Waiver. Failure on the part of either party to complain of any action or inaction
on the part of the other party, no matter how long the same may continue, shall not be deemed to
be the waiver of any such party's rights hereunder. Furthermore, it is covenanted and agreed that
no waiver at any time of the provisions hereof by either party shall be construed as a waiver of
any of the other provisions hereof and that a waiver at any time of any of the provisions hereof
shall not be construed at any subsequent time as a waiver of the same provisions. The approval
of either party to or for any action by the other party requiring that parry's consent or approval
shall not be deemed to waive or render unnecessary the party's consent or approval to or of any
subsequent similar act by the other party.
6. Amendments/Modifications. This Agreement may not be modified, terminated or
amended except by written agreement signed by the parties or their successors in title and
recorded in the real property records of Chambers County, Texas.
7. Independent Contractors. Nothing contained in this Agreement shall be construed
to make the parties hereto partners or joint venturers or to render either of said parties liable for
the debts or obligations of the other, except as expressly provided in this Agreement.
8. Partial Invalidity. If any term, provision or condition contained in this Agreement
shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby and each and every other term, provision or condition of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
9. Captions. The captions of the paragraphs of this Agreement are for convenience
only and shall not be construed or referred to in resolving questions of interpretations or
conditions.
10. Countemarts. This Agreement may be executed in two or more counterparts, and
it shall not be necessary that any one counterpart be executed by all of the parties hereto. Each
fully or partially executed counterpart shall be deemed an original, but all such counterparts
taken together shall constitute but one and the same instrument.
11. Successors and Assigns. The terms of this Agreement shall be binding upon and
shall inure to the benefit of Grantor and Grantee and their respective successors and assigns.
12. Notices. All notices or communications to be given under or pursuant to this
Agreement shall be in writing, addressed to the parties at their respective addresses as provided
below, and delivered by a national independent courier or sent certified or registered mail,
postage prepaid, return receipt requested. Until further notice, the addresses of the parties to
which notices are to be addressed will be as follows:
If to Grantor: Cedar Crossing, L.P.
Two Allen Center
1200 Smith Street, Suite 1260
Houston, Texas 77002
Attn: Charles Iupe
Phone: (281) 822-2990, ext. 101
Fax: (281)922-2998
38370320 2
Electronically Recorded Instrument: C0097616 Book OR Volume. 1524 Page 442
Heather H. Hawthorne, County Clerk, Chambers County Texas
With a copy to: Porter }ledges LLP
1000 Main Street, 3e Floor
Houston, Texas 77002-6336
Attn: W. David Tidholm
Phone: (713) 226-6645
Fax: (713)226-6245
If to Grantee: City of Baytown
2401 Market Street
Baytown, TX 77520
Attn: City Manager
Phone: (281) 420-6500
Fax: (281)420-6586
With a copy to: City of Baytown
2401 Market Street
Baytown, Texas 77522
Attn: City Attorney
Phone: (281) 420-6505
Fax: (281)420-6586
Each party may change its address by written notice given to the other in the manner hereinabove
provided.
39370320 3
Electronically Recorded Instrument: 00097616 Book OR Volume: 1524 Page 443
Heather H. Hawlhcme, County Clerk, Chambers County, Texas
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CEDAR CROSSING, L.P.,
a Texas limited partnership
By: Cedar Crossing Management, L.L.C.,
a Texas limited liability company,
its general partner
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF HARRIS §
n 1- This instrument was acknoVedged before me on the'1 _ day of October, 2014, by
�.J;' YY�Cxr-�aQfr of Cedar Crossing
Management, L.L.C., a Texas limited liability company, in its capacity as the sole general
partner of Cedar Crossing, L,P., a Texas limited partnership, for and on behalf of said limited
partnership. ,
[ S E A 1, ] Notary Public, State of Texas
KIM CAVERN
NOTARY PYSLIE, BTATE OF TEXAB
MY COMMISSION EXPIRES
Sr PT. 17, 2018
38570320 SIGNATURE PAGE To MiLITY EASEMENT AGREEme4T
Electranica!ly Recorded Instrument: 00097616 Book OR Volume. 1524 Page 444
Heather H. HavAhorne, County Clerk, Chambers County, Texas
THE CITY OF BAYTOWN, TEXAS
By:
Nam r It
Title: aN&Oe rr
STATE OF TEXAS
COUNTY OF HARRIS §
This instrumept was acknowledged before me on the � day of October, 2014, by
Tg,p't D. L,r; , Ltj. A1c.�"e: ' of The City of Raytown,
Texas, for and on beh If of said I (\
M i•T�'VY�1 JJ2Y/�'1O
�RI LEY N ry Public, State of T xas
• Notary Public, Slate of Texas
MY Commss�on Expirea
MAY 26, 2017
385703M SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT
Electronically Recorded Instrument: 00097616 Book OR Volume: 1524 Page. 445
Heather H Hawthorne County Clerk, Chambers County, Texas
EXHIBIT A
EASEMENT TRACT
[to follow]
39570320
Electronically Recorded Instrument OM7616 Book OR Volume 1524 Page 446
Heather H. Hawthorne, County Clerk Chambers County Texas
BAWA John Steele, Abstract No. 227
30' Easement South T. Shepard Survey Abstract No. 229
4.305 Acres
STATE OF TEXAS §
COUNTY OF CHAMBERS §
A METES & BOUNDS description of a certain 4.305 acre tract of land in the John Steele Survey, Abstract
No. 227 and T. Shepard Survey, Abstract No. 229, Chambers County, Texas; being out of those certain
tracts conveyed to Cedar Crossing, L.P. by instruments recorded In dents File Numbers 3125-B (Volume
456, Page 155) (Filed May 22, 2000), 8344-S (Volume 910, Page 495)(Filed September 20, 2005) and
8345-S (Volume 810, Page 583) (Filed September 20, 2005), all of the Official Public Records of
Chambers County, Texas, said 4.305 acre tract of land being more particularly described as follows with
all bearings being based on The Texas Coordinate System, South Central Zone, NAD 83;
COMMENCING at a 3/4-Inch iron rod found at the northwest comer of Tract 12 of Schedule 18 of Deed
from Reliant Energy, Inc. to Texas Genco Holdings, Inc., recorded In dents File No. 6952-B (Volume 575,
Page 835) (flied September 3, 2002) of the Official Public Records of Chambers County, Texas said Tract
12 being described by metes and bounds in Volume 384, Page 189 of the Deed Records of Chambers
County, Texas;
THENCE, South 06.3SV7" West, 899.78 feet (called North 06'34'57 East, 899.90 feet, Vol. 394, Pg. 289)
along the west line of said tract 12 to a 5/8-Inch Iron rod found;
THENCE, South 83'2341" East,1000.00 feet (called North 83'24'56 West, 999.79 feet, Vol. 384, Pg. 189)
to a 5/84rich Iron rod found in the west line of a called 5,115 acre tract conveyed to Coastal Industrial
Water Authority by Instruments recorded in Volume 308, Page 311 and Volume 309, Page 163 of the
Deed Records of Chambers County, Texas;
THENCE, In a southerly direction along the west line of said 5.115 acre tract, the following two (2)
courses and distances;
1.) South 02'09'52" West,176.75 feet (called South 02'11' West, Vol. 309, Pg.163) to a 3/4-inch
iron rod (with cap stamped "Cotton Surveying Company") set;
2.) South 27'47'SY West,107.80 feet (plied South 27749' West, 107.8 feet, Vol. 309, Pg.163)
to a 3/4-Inch iron rod (with cap stamped "Cotton Surveying Company") set in the south line of
said 5.115 acre tract;
THENCE, North 77'54'52" East, 1.28 feet to a 3/4-Inch iron rod (with cap stamped Cotton Surveying
Company") set;
THENCE, South 00'06'40' West, (called 00'07'07' East) 282.26 feet along the west line of a called 76.434
acre tract (Reservoir Tract) conveyed to U.S. DENRO Steels, Inc. by Instrument recorded in File No.
Page i of 3
P.,\PRDIECISWM-esytmn Area Water AuthedtA0001-004 MOD Surfm Water Tmeumnt Pdnt\Survey\tsja1 Desc1,1.3D5 Acdee
TA
Electronically Recorded Instrument: 00097616 Book OR Volume. 1524 Page 447
Heather H. Hawthorne County Clerk. Chambers County. Texas
SAWA John Steele, Abstract No. 227
30' Easement South T. Shepard Survey Abstract No. 229
4.305 Apes
00022693 (Volume 932, Page 543) (Filed February 6, 2007) of the Official Public Records of Chamber
County, Texas, to a 3/4-inch Iron rod (with cap stamped 'Cotton Surveying Company") set;
THENCE, North 89.53'20' West,1922.95 feet to the POINT OF BEGINNING of the herein described tract;
THENCE, South 12.25'34" East, 298.03 feet to a point beginning a curve to the right;
THENCE, In a southerly direction along the arc of said curve to the right having a radius of 1515.92 feet,
a central angle of 20'48'20', an arc length of 550.47 feet, and a long chord bearing South 02'01'24'
East, S47.45 feet to a point of tangency;
THENCE, South 08'18'44" West, 770.18 feet to a point for comer;
THENCE, South 00'0447" West, at 212.68 feet passing an angle point in the west line of a W foot wide
road easement conveyed to U.S. DENRO Steals, Inc. described In Attachment II of Correction Special
Warranty Deed recorded In Clerles File No. 22694 (Volume 932, Page 5S3)(Flled February 6, 2007) of the
Official Public Records of Chambers County, Texas, in all 844.00 feet to an angle point, said point being
In the west line of a 20 foot wide waterline easement also described in Attachment II of said Special
Warranty Deed;
THENCE, in a southerly direction along the west line of said 20 foot wide waterline easement, the
following eight (8) courses and distances;
1. THENCE, South 13'10'17" West, 64S3 feet to a point for corner;
2. THENCE, South 13'3442" West 197.66 feet to a point for corner;
3. THENCE, South 14'01'35" West, 232.47 feet to a point for corner;
4. THENCE, South 13.58'11" West 202.53 feet to a point for comer,
5. THENCE, South 17'10'24" West 244.3S feet to a point for corner;
6. THENCE, South 01-03-27" West, 272.02 feet to a point for comer,
7. THENCE, South 00'02'04" East, 2258.19 feet to a point for comer;
8. THENCE, South 00'04'45" West 15.74 feet to a point in the north line of State Highway 99,
from which a found TxDot Monument bears Ndrth 85'23'18" East, 2175.24 feet;
THENCE, South 85'23'18" West 30.10 feet along said north line to a point for corner, from which a
found TxDot monument bears South 8523'18" West 787.55 feet;
Page 2 of 3
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Electronically Recorded Instrument: 00097616 Book OR Volume: 1524 Page 448
Heather H. Hawthorne, County Clerk, Chambers County, Texas
SAWA
30' Easement South
4.305 Acres
THENCE, North 00'04'45" East,18.17 feet to a point for comer,
John Steele, Abstract No. 227
T. Shepard Survey Abstract No. 229
THENCE, North 00'02'04" West, 2258A4 feet to a point for corner,
THENCE, North 01.03'27" East, 276.55 feet to a point for comer;
THENCE, North 17'10'24' East, 247.75 feet to a point for corner,
THENCE, North 13'58'11" East, 201.69 feet to a point for comer,
THENCE, North 14'01'35' East, 232.38 feet to a point for comer,
THENCE, North 13'3442" East,197A3 feet to a point for comer;
THENCE, North 13'10'17" East, 60.98 feet to a point for comer;
THENCE, North 00'04'47" East, 842.72 feet to a point for corner,
THENCE, North 08'18'44" East, 772.36 feet to a point beginning a curve to the left;
THENCE, along the arc of said non -tangent curve to the left having a radius of 1485.92 feet, a central
angle of 20'48'23", an arc length of 539.60 feet, and along chord bearing North 02'01'23" West, 536.64
feet to a point for comer,
THENCE, South 77'34'26" West, 300.00 feet to a point Jor comer,
THENCE, North 12'25'34" West, 3D.00 feet to a point for comer;
THENCE, North 77'34'26" East, 300.00 feet to a point for corner;
THENCE, North 12'25'34" West, 274.70 feet to a point for comer 5/8-Inch Iron rod (with cap stamped
'Cotton Surveying") set;
THENCE, South 89'53'20" East, 30.73 feet to the POINT OF BEGINNING, CONTAINING 4.3054 acres in
Chambers County, Texas. —04
Cotton Surveying company
6335 Gulfton, Suite 100
Houston, TX 77081-1169
(713) 981-0275
Tar p r 00-d of 00"&-rLatr6S'rosryfn8
$ wnstfon No. IW46100
.1 L 91-a!)
Acting ByMrough Martin G. Hicks
Registered Professional land Surveyor
No. 43_67.
MHkks@jonescarter.com
Page 3 of 3
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Electronically Recorded Instrument Number
011kHeather
il P lic Records fume: 1 2�Book. OR Volume: 616 Page 440
H Hawtthyome, County Clerk 10/09/2014 02 58 00
Chambeedmby of ty, SONs Fee, 58 00 No of Pages. 9
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