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HomeMy WebLinkAbout2001-02-12 Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 12, 2001 CALL TO ORDER Next Ord. 2001-2466 Next Res. 2001-02 The meeting was called to order by Mayor Malone at 6:00 P.M. This meeting was held at the Original City Hall, 111 South Second Street, La Porte, Texas 77571. Members of City Council Present: Mayor Norman Malone and Councilpersons Guy Sutherland, Howard Ebow, Chuck Engelken, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young and Jerry Clarke. Members of City Councilpersons Absent: None Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative Services Louis Rigby, Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Fire Marshal Paul Hickenbottom and Police Chief Richard Reff. Others Present: Tom Larsen, Sue Gail Mock Kooken, Jake Evans, Reverend Bingham, Jim Hodges, Jr., David Drake, Spero Pomonis, Bill White, Mrs. White, Bill Scott, Kathleen France, Jim France, Icess Hernandez, Ana Griffiths, Colleen Hicks and a number of citizens and members from the American Legion Post 428. 2. Reverend Michael Bingham, Abundant Life Church, delivered the invocation. Council considered approving minutes of the Regular Meeting of La Porte City Council held January 22, 2001. Motion was made by Councilperson Sutherland to approve the minutes of January 22, 2001. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Ebow, Griffiths, Gay, Young, Porter, Clarke and Malone. Nays: None Abstain: Engelken 4. There were no citizens wishing to address City Council. • City Council Minutes, February 12, 2001 -Page 2 Presentations: A. The Mayor presented a proclamation to American Legion Hovey, Bethea, Powell Post 428. B. The Mayor presented a proclamation to Erin Fitzgerald and Melissa Heinschal of La Porte High School and Jake Evans of La Porte Emergency Medical Services regarding the Shattered Dreams Program Day. 6. Council considered an ordinance calling the regular annual election of the City of La Porte. (Ord. 2001-2466) The City Attorney read: AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING ARUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Porter to adopt Ordinance 2001-2466 as read by the City Attorney The motion was seconded by Engelken. The motion carried. Ayes: Sutherland, Ebow, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone. Nays: None Abstain: None 7. Council considered an ordinance approving and authorizing three easement agreements between the City of La Porte and Southwestern Bell Telephone Company, for the expansion of the digital subscriber line (DSL) telecommunication service facilities. (Ord. 2001-2467). The City Attorney read: ORDINANCE 2001-2467 - AN ORDINANCE APPROVING AND AUTHORIZING THREE EASEMENT AGREEMENTS BETWEEN THE CITY OF LA PORTE AND SOUTHWESTERN BELL TELEPHONE COMPANY, FOR EXPANSION OF THE DIGITAL • City Council Minutes 2-12-01 -Page 3 SUBSCRIBER LINE (DSL) TELECOMMUNICATION SERVICE FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Griffiths to adopt Ordinance 2001-2467 as read by the City Attorney. Second by Councilperson Ebow. The motion carried. Ayes: Councilpersons Sutherland, Ebow, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone. Nays: None Abstain: None Administrative Reports: City Manager Robert T. Herrera recognized the American Legion for all their efforts towards the restoration of the Original City Hall to its original state. He also recognized City of La Porte staff members for their assistance with the restoration efforts. Lastly, he also recognized the Main Street Association for all their hard work and efforts. 9. The following Councilpersons brought items to Council's attention: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. 10. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) 11. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION Due to no Executive Session there was no action taken. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 6:40 P.M. City Council Minutes 2-12-01 -Page 4 Respectfully Submitted: Martha Gillett, City Secretary Passed and Approved on this the 26th day of February, 2001 J ~~1 ~ / , Norman,Malone, Mayor i Agenda Date Requested: Fehn~ary 12,E Requested By: M_ CTillett Department: Administration Report Resolution ~-Ordinance Exhibits: Ordinance 2001-2466 and 2001-2466-A Attached for your consideration is the ordinance calling for the regular Annual Election of the City of La Porte to be held on May 5, 2001, and calling for aRun-Off Election, if necessary. Action Required by Council: Consider approval of Ordinance 2001-2466 and 2001-2466-A Availability of Funds: General Fund_ Water/Wastewater Capital Improvement- General Revenue Sharing Other Account Number: Funds Available: -YES _ NO Annrnved for (Fite C'.~uncil Agenda ~~~ ~ ~ ~~ Robert T. Herrera Date City Manager a-~.-~1 • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS December 7, 2000 Ms. Martha A. Gillett City Secretary City of LaPorte City Hall La Porte, Texas Dear Martha: TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 ~ECEIVj ~ DEC 8 2000 CITY S~CF~ET,~~Y'S OFFICE I enclose draft of proposed ordinance calling the City's annual election, for consideration by City Council at its meeting of Monday, February 12, 2001. A special meeting of City Council to canvass the election results should be called for Tuesday, May 8, 2001. Please review, and give me any necessary changes. Your ry truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure • ! ORDINANCE NO. 2001-;~~(~(P AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 5th day of May, 2001, such day being the first Saturday in May, 2001, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Councilperson-at-Large--Position A, for a 3 year term Councilperson--District 4, for a 3 year term Councilperson--District 5, for a 3 year term A run-off election, if necessary, shall be held on Saturday, June 2, 2001, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont Subdivision; THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; THENCE southeasterly along the Southern Pacific Railroad tracks, following a curve to the south, and continuing in a southerly direction along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Officials: Mellody Elledge Jeannie~Lunsford Presiding Judge Alternate Presiding Judge Election Precinct #2 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred forty one (141) acre San Jacinto Junior College Site, same being the west boundary line of the former College View M.U.D. as described in Article 8280-381, V.A.T.S.; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West Section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West Section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; 2 • THENCE westerly along Quiet Hill Road to Willmont Road; THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly along the center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Inge Browder , Presiding Judge :Richard Browder Alternate Presiding Judge Election Precinct #3 Polling Place: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park Section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; 3 • THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West Section Two; THENCE northwesterly along the rear lot line of Block 18 in Fairmont Park West Section Two, passing through Parkmont Drive and becoming the rear lot line of Block 17 Fairmont Park West Section One to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of the Creekmont Subdivision; THENCE east along the north boundary of the Creekmont Subdivision to Big Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: ~~eena Davris Jeannie Zemanek Presiding Judge Alternate Presiding Judge Election Precinct #4 Polling Place: Dewalt Alternative School (Library) 401 North Second La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Harbour's Cut Boulevard; THENCE east along Harbour's Cut Boulevard to North Brownell Avenue; 4 • • THENCE south along North Brownell Avenue to East Madison Street; THENCE east along East Madison Street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main Street; THENCE westerly along East Main Street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; THENCE west along West "A" Street to State Highway 146; THENCE south along State Highway 146 to West "B" Street; THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street; THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Officials: Moire , Presiding Judge Francis ,Tordan , Alternate Presiding Judge Election Precinct #5 Polling Place: LPISD Technology Support Center (West Side) 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Harbour's Cut Boulevard and North Brownell Avenue; THENCE east along Harbour's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the 5 • north city limit line of Shoreacres, (or the south line of Tract I); THENCE west along the north city limit line of Shoreacres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to East Main Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison Street; THENCE west along East Madison Street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT II BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II) ; THENCE westerly along the south city limit line of La Porte (or the south line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south .city limit line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. Election Officials: Cathy Emrick Presiding Judge Mary Ann Trainer , Alternate Presiding Judge Election Precinct #6 Pollincx Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 6 ~. • Boundaries: BEGINNING at the intersection of West "A" Street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway 146 to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad tracks; THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble Pipeline Company right-of-way; THENCE northeasterly along the Humble Pipeline Company right- of-way to West Main Street; THENCE east along West Main Street to the Southern Pacific Railroad tracks; THENCE south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West "B" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" Street to South Broadway Street and the POINT OF BEGINNING. Election Officials: Jim Zoller C3~eo Davispn Presiding Judge Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 7 • • Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. pe~~_Ho~~and is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 17th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A,. Ga.llett and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. Section 5. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Martha A. Gillett is 8 • hereby appointed the Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and .all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent 9 • • information concerning said election; Section 9. Each candidate for the office of Councilperson-at- Large, Position A, must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 21, 2001. No application shall be accepted for filing prior to February 20, 2001. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section il. Said election. shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately 10 thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this 12th day of February, 2001. CIT OF LA PORTE By: N rman L. Malo e, Mayor 11 • ATTEST: ~. Mart a A. Gillett City Secretary r~rrx v ~ i ~ Knox W. Askins City Attorney 12 s • s ORDENANZA NUMERO ~~C)(~I - ~'~~(a UNA ORDENANZA LLAMANDO LA ELECCION REGULAR ANUAL DE LA CIUDAD DE LA PORTS; LLAMANDO UNA ELECCION DE EMPATE, SI ES NECESARIO; DESIGNANDO LOS DISTRITOS ELECTORALES Y LUGARES DE VOTACION; PROVES PARR EL USO DE MQUINAS DE VOTACION; NOMBRA OFICIALES DE LA ELECCION; PROVES MEDIOS Y FECHAS PARA VOTACION TEMPRANA; PROVES UNA PIZARRA DONDE SE ANUNCIE LOS RESULTADOS DE LAS VOTACIONES TEMPRANAS; PROVES LOS RESULTADOS E INTERPRETACION DE LOS VOTOS DE DICHA ELECCION; PROVES NOTIFICACIONES; PROVES FECHAS LIMITED Y COSTO DE REGISTRO DE CANDIDATOS; PROVES UNA CLAUSULA ~DE AHORRO; ASEGURA EL CUMPLIMIENTO CON LA LEY DE ASEMBLEA DE LIBRE ACCESO; Y PROVES LA FECHA EN CUAL TENDRA EFECTO. SEA ORDENADO POR EL CONCEJO MUNICIPAL DE LA CIUDAD DE LA PORTS: SECCION 1. Una eleccion se llevara a cabo dentro de los limites incorporados de la ciudad de La Porte, Tejas, e15 de Majo de12001, dicho dia siendo el primer Sabado de Mayo del 2001, entre las siete de la manana, (7:00 A. M.), y las siete de la noche, (7:00 P. M.); con el proposito de elegir los siguientes funcionarios de la Ciudad: Consejero-at-Large - Position A -Por un termino de tres (3) anos Consejero -Distrito 2, Por un termino de tres (3) anos Consejero -Distrito 3, Por un termino de tres (3) anos Una eleccion de empate se llevara acabo el Sabado, 2 de Junio de12001, durante las mismas horas, si to es necesario. SECCION 2. Dichas elecciones seran llevadas a cabo en los siguientes lugares de votaciones de dicha ciudad, y la siguientes personas son nombradas oficiales de dicha eleccion, es decir; • Distrito Electoral #1 Lugar De Votacion: Lomax Elementary School (Entry Area) 10615 North Avenue "L" LaPorte, Texas 77571 Limites: COMENZANDO el le intersection de los rieles del tren Southern Pacific Y Spencer Highway (la calle West Main); DESDE alli al oeste, a to lazgo de Spencer Highway (la calle West Main) a Big Island Slough; DESDE alli al norte, a to lazgo de sobre Big Island Slough al limite norte de la Subdivicion de Creekmont; DESDE alli al oeste sobre el limite norte de la Subdivicion de Creekmont hasty Underwood Road; DESDE el norte sobre Underwood Road hasty los rieles del tren Southern Pacific; DESDE alli hacia el sureste a to lazgo de los rieles del tren Southern Pacific siguiendo la curvy hacia el sur y continuando en directional sur a to lazgo de las lineas del tren Southern Pacific hasty Spencer Highway (la calle West Main), hasty el panto del COMIENZO. Oficiales Electorales: Mellody Elleage _, Juez que Precide Jeannie I,unsford ,Juez Suplente Distrito Electoral #2 Lugar de Votacion: Baker School (Entry Area) Enter off Spencer/Main - 6000 West Main Street (W. Main Street/Spencer Hwy. At Underwood Road) La Porte, Texas 77571 Limites: • C~ COMENZANDO el la interseccion de la Linea central de Big Island Slough y Fairmont Parkway; DESDE el oeste sobre Fairmont Parkway hacia el limite este de Los 141 acres del San Jacinto Junior College, siendo este mismo el limite del oeste del que era College View M.U.D., Como to describe el articulo 8280-381, V.A.T.S. DESDE alli hacia el norte a to lazgo de la Linea limite oeste, y de la parte norte de la proyeccion de ello, de dicho (College View M.U.D.) hasta Spencer Highway (la calle West Main); DESDE alli al este a to lazgo de Spencer Highway (la calle West Main), hasta la Linea centrica de Myrtle Creek Drive; DESDE alli al sur a to lazgo de Myrtle Creek Drive hasta Cedarmont Drive; DESDE alli al sur sobre Cedarmont Drive hasta su interseccion con la proyeccion del oeste de la lineal traceras de Los Totes de la cuadra 17 en Fairmont Park West Seccion Uno; DESDE alli hacia el sureste a to lazgo de Las lineas traceras de la cuadra 17 en Fairmont Pazk West Seccion Uno, pasando por Pazkmont Drive y siguiendo Las lineas traceras de la cuadra 18 de Fairmont Pazk West Seccion Dos, hasta Quiet Hill Road; DESDE alli al oeste sobre Quiet Hill Road a Willmont Road; DESDE alli al sur sobre Willmont Road a su interseccion con la proyeccion del oeste de Las lineas traceras de la cuadra 35 en Fairmont Pazk West Seccion Dos; DESDE alli al este sobre Las lineas traceras de la cuadra 35 en Fairmont Pazk West, Seccion Dos hacia la Linea central de Roseberry Drive; DESDE alli al lado norte sobre la Linea central de Roseberry Drive hacia la Linea central de Hillridge Road; DESDE alli al lado este sobra la Linea de Hillridge Road hacia la Linea central de Big Island Slough; DESDE alli al sur sobre la Linea central de Big Island Slough a la interseccion de Fairmont Pazkway, hasta el panto del COMIENZO. Oficiales Electorates: CJ Inge Browder ,Juez que Precide Richard Browder ,Juez Suplente Distrito Electoral #3 Lu~az de Notation: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard LaPorte, Texas 77571 Limites: COMENZANDO en la intersection del derecho de peso de la turbia de Exxon y Fairmont Parkway; DESDE alli al oeste a to lazgo de Fairmont Parkway haste la Linea central de Big Island Slough; DESDE el norte a to lazgo de la Linea central de Big Island Slough haste la lines central de Hillridge Road; HACIA el oeste sobre Hillridge Road haste la lines central de Roseberry Drive; HACIA el Ledo sur a to largo de la Linea central de Roseberry Drive hasty le intersection con la proyeccion del este de la Linea tracers de la cuadra 35 en Fairmont Park West Section Dos; DESDE el oeste a to lazgo de la Linea tracers de la cuadra 35 en Fairmont Park Section Dos, haste la Linea central de Willmont Road; HACIA el Ledo norte a to lazgo de la lines central de Willmont Road, haste la Linea central de Quiet Hill Road; DESDE el Ledo este a to largo de la Linea central de Quiet Hill Road haste la intersection de la proyeccion del sureste de la Linea tracers de la cuadra 18 en Fairmont Park West Section Dos; DESDE el noroeste a to largo de la lines tracers de la cuadra 18 en Fairmont Park West Section Dos, pasando por Pazkmont Drive y convirtiendose en la lines tracers de la cuadra 17 Fairmont Park West.Seccion Uno bast Cedarmont Drive; DESDE el norte a to largo de Cedarmont Drive haste Myrtle Creek Drive; • DESDE el norte a to largo de Myrtel Creek Drive hasty Spencer Highway (la calle West Main) ; DESDE el oeste a to largo de Spencer Highway (la cane West Main), hasty Underwood Road; DESDE el norte sobre Underwood Road al limite norte de la subdivision de Creekmont; DEL linute este a to largo del limite norte de la subdivision de Creekmont haste Big Island Slough; DESDE el sur a to lazgo de Big Island Slough hasty Spencer Highway (la calle West Main) ; DESDE el este a to largo de Spencer Highway (la cane West Main) hasty el derecho de peso de la tuberia de Exxon; DESDE alli al sur a to largo del derecho de peso de la tuberia de Exxon hasty Fairmont Parkway, hasty el panto del COMIENZO. Oficiales Electorales: Joeena Davis , Juez que Preside Jeannie Zemanek _, Juez Suplente Distrito Electoral #4 Lugar de Votacion: Dewalt Alternative School (Library) 401 North 2"d Street La Porte, Texas 77571 Limites: COMENZANDO el la interseccion de la calle North Broadway y los rieles del tren Southern Pacific; DESDE alli al sur a to largo de la calle North Broadway a Barbour's Cut Boulevard; DESDE alli al este a to lazgo de Bazbour's Cut Boulevazd a la Avenida North Brownell; • DESDE alli al sur a to lazgo de la Avenida North Brownell a la cane East Madison; DESDE alli al este a to largo de la cane East Madison a la Avenida North Holmes; DESDE alli al sur a to lazge de la Avenida North Holmes a la cane East Main; DESDE alli al oeste a to largo de la calle East Main a la calle South Broadway; DESDE alli al sur a to largo de la cane South Broadway a la calle West "A"; DESDE alli al oeste a to largo de la calle West "A" a State Highway 146; DESDE alli al sur a to largo de State Highway 146 a la cane West "B"; DESDE alli al oeste a to lazgo de la calle West "B" a la cane South 13; DESDE alli al sur a to largo de la calle South 13 a la calle West "E"; DESDE alli al oeste sobre la calle West "E" hasty los rieles del tren Southern Pacific; DESDE alli al norte a to lazgo de los rieles del tren Southern Pacific, siguiendo la curvy al este de dicho rieles del tren; - DESDE alli al este a to largo de los rieles del tren Southern Pacific hasty la calle North Broadway, al panto del COMIENZO. Oficiales Electorales: Juez que Precide Francis Jordan ,Juez Suplente Distrito Electoral #5 Lu~az de Votacion: LPISD Technology Support Center (West Side) 301East Fairmont Pazlcway La Porte, Texas 77571 Limites: ZONA 1 • COMENZANDO en la intersection de Bazbour's Cut Boulevazd y la Avenida North Brownell; DESDE alli al este a to lazgo de Bazbour's Cut Boulevard pasta la Avenida Donaldson; DESDE alli al sureste a to lazgo de la Avenida Donaldson pasta la Linea costera de Galveston Bay; DESDE alli al sureste a to lazgo de la Linea costera de Galveston Bay a la Linea norte del limite de la Ciudad de Shoreacres, (o la Linea sur de la Zona 1); DESDE alli al oeste a to lazge del limite norte de la Ciudad de Shoreacres (o en la Linea sur de la Zona 1) a la cane South Broadway (que fue, Highway 146); DESDE alli al norte a to lazgo de la cane South Broadway (que fue Highway 146) a la cane East Main; DESDE alli al este a to lazgo de la cane East Main a la Avenida North Holmes; DESDE alli al norte a to lazgo de la Avenida North Holmes hasty la cane East Madison; DESDE alli al oeste a to lazgo de la cane East Madison pasta la Avenida North Brownell; DESDE alli al norte a to largo de la Avenida North Brownell pasta Bazbour's Cut Boulevazd, pasta el panto de COMIENZO. ZONA II COMENZANDO en la intersection de la cane South Broadway (que fue Highway 146) y el limite sur de la Ciudad de Shoreacres (o la Linea norte de la Zona II); DESDE alli al este a to lazgo del limite sur de la Ciudad de Shoreacres (o la Linea norte de la Zona II) a la lines costera de Galveston Bay; DESDE alli al sur a to lazgo de la Linea costera de Galveston Bay pasta el limite sur de la Ciudad de La Porte (o la Linea sur de la Zona II); DESDE alli al oeste a to largo del limite sur de la Ciudad de La Porte (o la Linea sur de la Zona II) pasta la cane South Broadway (que fue, Highway 146); DESDE alli al norte a to largo de la cane South Broadway (que fue, Highway 146) pasta el sur de la Ciudad de Shoreacres (o Linea norte de la Zona. II) al panto del COMIENZO. Oficiales Electorales: • Cathy Emrick ,Juez que Precide Mary Ann Trainer _ ~ Juez Suplente Distrito Electoral #6 Lugaz de Votacion: La Porte City Hall (Council Chambers) 604 West Fairmont Pazkway La Porte, Texas 77571 Limites: COMENZANDO con la interseccion de la cane West "A" y la cane South Broadway; DESDE alli al sur a to lazgo de la cane South Broadway hasta el limite sur de la Ciudad de La Porte; DESDE a11i al oeste a to lazgo del limite sur de la Ciudad de La Porte hasta el oeste de la Linea del derecho de via de State Highway 146; DESDE a11i al lado noreste a to lazgo del este de la Linea del derecho de via de State Highway 146 a McCabe Road; DESDE alli al oeste a to largo de McCabe Road hasta Los rieles del tren Southern Pacific; DESDE alli al norte a to lazgo de Los rieles del tren Southern Pacific hasta Fairmont Parkway; DESDE a11i al oeste a to largo de Fairmont Pazkway hasta el derecho de via de Humble Pipeline Company; DESDE alli al noreste a to lazgo del derecho de via de Humble Pipeline Company hasta la cane West Main; DESDE alli al este a to lazgo de la cane West Main hasta Los rieles del tren Southern Pacific; DESDE alli al sur a to largo de Los rieles del tren Southern Pacific hasta la cane West "E"• i LJ DESDE alli al este a to largo de la cane West "E" hasty la cane South 13; DESDE alli al norte a to largo de la cane South 13 hasty la cane West "B"; DESDE alli al este a to largo de la cane West "B" hasty State Highway 146; DESDE alli al norte a to largo de State Highway 146 hasty la cane West "A"; DESDE alli al este a to largo de la cane West "A" a la cane South Broadway hasty el panto del CONIIENZO. Oficiales Electorales: Tim zol~ er , Juez que Precide El~i.zakaeth Bxown Lugares de Votacion Temnrana: Juez Suplente La Porte City Hall 604 West Fairmont Parkway LaPorte, Texas 77571 Seccion 3. La votacion en dicha eleccion, incluyendo la Votacion Temprana, sera con el use de maquinas de votacion, y la papeleta de votacion de dicha eleccion, sera conforme a el Codigo Electoral de Tejas, a como ha sido enrnendado. Seccion 4. Una junta de Votacion Temprana es creada para procesar los resultados de las elecciones de votacion temprana y si fuera necessario para votaciones finales. Peggy Holland es nombrada. como la Juez que Precide la Votacion Temprana. Por to menos otros miembros de la junta seran nombrados por el juez que precide, y en la misma manera como asistente de eleccion del distrito electoral. Votaciones Tempranas en persona comenzaran el dia 17 y continuaran hasty el cuarto dia precediendo la eleccion. • • Votaciones Tempranas por correo comenzaran el dia 45 precediendo la fecha de eleccion y continuaran hasta las siete de la noche (7:00 P. M.) el dia de la eleccion. Votaciones Tempranas seran conducidas por la secretaria de Votaciones Tempranas, Martha ,~ Gillett _ , y el Lugar en el coal Las Votaciones Tempranas seran conducidas es designado como La Porte City Hall, 604 West Fiarmont Parkway, La Porte, Texas, a cuya direccion Las aplicaciones para. Las papeletas de votacion y la votacion hecha por correo podran ser enviadas. Votaciones tempranas hechas en persona seran conducidas en Los dial designados para votaciones tempranas durante Las horas que la oficina principal de negocios de le Secretaria de la Ciudad se encuentra abierta al publico. Seccion 5. El cuarto de conferencia del consejo de la ciudad de La Porte, esta aqui designado como la Estacion Central de Computar pars recibir todas Las papeletas de votacion de dicha elecction y Martha A. Gillett es nombrada como la Gerente que precide dicha Estacion Central De Computacion. Dicha Gerente nombrara cualquier asistente para ayudar a recibir Las papeletas de votacion y otros documentos, y pods ejecutar otros trabajos delegados por dicha Gerente concernientes con dicho proyecto. El adrninistrador de la ciudad esta autorizado a obtener o hacer que se obtenga el equipo electronico de tabular necesario, de ordenar la prueba de alli en adelante como es proveido por la ley y de emplear un administrador calificado y a un supervisor de tabulacion calificado para desempenar respectivamente impuestos por la ley con respecto al proceso y tabulacion de papeletas de votacion en la Estacion Central de Contabilidad. • Seccion 6. Que todo el material de eleccion incluyendo aviso de eleccion, papeletas de votacion, tarjetas de instrucciones, juramentos y otras formas que requieran que el votante sea requerido a firmar y todo el material pars la votacion temprana seran estampado en Ingles y Espanol, o la traduccion del Espanol sera disponible el las circumstancias permitidas y en la manera que to requiere la ley. Seccion 7. La Secretaria de la Ciudad de La Porte emitira enseguida un aviso de dicha eleccion a1 hacer que una copia verdadera de esta Ordenanza sea publicada una vez en el BAYSHORE SUN, el coal se ha encontrado y confumado ser un Periodico de circulacion general de dicha Ciudad, no menos de diez (10) dias o mas de treinta (30) dias antes de la fecha de dicha eleccion. Seccion 8. Al entregar el candidato su aplicacion en la forma prescrita, la Secretaria de la cudad, dara a dicho candidato toda la informacion necessaria para la calificacion de puesto que se esta buscando; el metodo de colocar el nombre del candidato en las papeletas de votacion; la cantidad de dinero requerido pars registrarse; y cualquier otra informacion neccesaria que tenga que ver con la eleccion. Seccion 9. Cada candidato pars el puesto de Alcalde debera de ser un residente votante de la cudad. Cada candidato para el puesto de Consejero de Distrito, tambien debera de ser residente del distrito por el coal se esta registrando. Seccion 10. La fecha de vencimiento para que el candidato Naga su aplicacion, pars que su nombre aparezca en las papeletas' de votacion, esta aqui designado y establecido como las 5:00 P.M. (cinco de la tarde), Miercoles, 21 de Marzo del 2001. • Ninguna. aplicacion sera aceptada paza registrazse antes del 19 de Febrero del 2001. El precio del registro paza cada candidato paza consejero esta establecido que sera de $50.00, (cincuenta dolazes). Este dinero sera usado paza costeaz los gastos de la eleccion, y dicho precio sera prorrateado y si hay sobrante sera regresado a dichos candidatos. Como alternativa paza pagan el registro, el candidato puede obtener un lugaz en la papeleta de votacion al llenaz una peticion proveida por la Carta constitucional del gobierno propio de la Ciudad de La Porte, Articulo 2,04 c.3. Seccion 11. Dicha eleccion sera llevada a Cabo de acuerdo con las proviciones de la Carta constitucional de La Porte, y las leyes de las elecciones generates del Estado de Tejas de gobernando elecciones generates y elecciones municipales, siempre y cuando esto sea aplicable a ello. Seccion 12. Inmediatamente despues de dichos elecciones, el official encazgado haza le entrega de los resultados y de los documentos acomplanantes pars el use de una encuesta oficial del Consejo Municipal de la Ciudad de La Porte; y el Consejo Municipal de la Ciudad interpretara dichos resultados to mas pronto posible, a inmediatamente despues de haberlos interpretado, declazazan los resultados de la eleccion. El Alcalde inmediatamente le entregaza al candidato por el coal la mayoria han votado paza cada puesto, un certificado de eleccion, Dicho oficial elegido asumira sus responsabilidades en los sigientes diez (10) dias, excluyendo el Domingo, al haber recibido juramento al asumir el cargo. Seccion 13. Toda y Cade provicion, parrafo, oracion y clausula de esta Ordenanza, ha sido considerada sepazadamente y aprovada por el Consejo Municipal de • la Ciudad de La Porte, Tejas y cede dicha provision pudo haber sido aprovada sepazadamente sin ninguna otra provision, y si alguna provision de aqui en adelante no es efectiva, invalida inconstitucional, por cualquier motivo, no impedira o afectaza el resto de la provision, o ninguna otra parte, Pero la pane valida sera enforzada como si hubiese sido aprovada separadamente. Seccion 14. Este Ordenanza estara en efecto inmediatamente al ser aprovada. Seccion 15. El Consejo Municipal encuentra, determine, recite, y declaza que un aviso por escrito con la fecha, hora, lugaz y objeto de esta reunion del Consejo Municipal foe puesta en un lugaz conveniente pare el publico en la Municipalidad de la Ciudad con el tiempo requerido por la ley precediendo esta reunion, como to es requerido por la Lay de Asemblea de Libre Acceso, Capitulo 551, slave del Gobierno de Tej as, y que esta asemblea ha sido abierta al publico todo el tiempo que es requerido por la ley durante el coal esta ordenanza y cualquier otro asunto haya sido discutido, considerado y formalmente aceptado. El Consejo Municipal ratifica, aprueba, y confirma dichos avisos por escrito y el contenido de anunciazlo de alli en adelante. ACEPTADO Y APROVADO este dia 12 de Febrero del 2001. CIUDAD DE LA PORTE POR ~--- Norman L. Malone, lcalde TESTIFICA: M a A. Gillett, Secretaria de la Ciudad APPROVADO POR: ~~~ _..~ ~~ ~ ~ -_y Knox W. Askins, Abogado de la Ciudad • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:February 1 , 2001 Requested By: Doug Kneuppe Department: Planning Report: -Resolution: -Ordinance: X Exhibits: Ordinance Easements SWBT Literature About DSL Sites Appropriation Source of Funds: N/A Account Number Amount Budgeted: Amount Requested Budgeted Item: YES NO SUMMARY & RECOMMENDATION Southwestern Bell Telephone (SWBT) is expanding their Digital Subscriber Line (DSL) service. To accomplish this SWBT will need to install a facility commonly called a `Yemote terminal". This is a prefabricated building that is approximately eight feet tall, ten feet wide, and twenty-four feet long (8'x10'x24'). SWBT has identified a location for this remote terminal on 4'~ Street just north of Fairmont Parkway in Block 177 owned by the City. The City's Record Storage Building is also located within this Block. SWBT is requesting three separate easements for this DSL facility. One easement, identified as TRACT 1 on the exhibit, is for the prefabricated building or remote terminal. The second easement, identified as TRACT 2,is for the placement of underground communication facilities. The third easement, identified as TRACT 3,is for vehicle access to the proposed remote terminal located in TRACT 1. If approved, access will be from the existing concrete parking lot for the Record Storage Building and no new driveway from 4~' Street will be needed. The total area of all three easements is 3,162 sq. ft. and SWBT has offered compensation to the City in the amount of $13,000 which calculates to $4.11 per sq. ft. SWBT has also committed to landscaping this facility along with the adjacent 25' by 25' site SWBT acquired in 1996 with the request that the City maintain the landscaping. This would be easily accomplished with City forces that alreadymaintain the Record Storage Building site along with the Water Plant site. Staff has reviewed the proposed remote terminal location and there would be no conflict with a future Record Storage Building expansion. Based on no identifiable building conflict, the monetary compensation and the installation of landscaping, staff recommends providing the requested easements to SWBT. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute three easements for SWBT telecommunication facilities. Approved for City Council Agenda Robert T. Herrera, City Manager Date • • ORDINANCE NO. 2001-~T~"/ AN ORDINANCE APPROVING AND AUTHORIZING THREE EASEMENT AGREEMENTS BETWEEN THE CITY OF LA PORTE AND SOUTHWESTERN BELL TELEPHONE COMPANY, FOR EXPANSION OF THE DIGITAL SUBSCRIBER LINE (DSL) TELECOMMUNICATION SERVICE FACILITIES; HARING VARIOUB FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. u ORDINANCE NO. 2001-~'{~f'1 PASSED AND APPROVED, this 12th day of February, 2001. CITY OF LA PORTE PAGE 2 gy; ~---~ N man alone Ma or ATTEST: Mart a A. Gille City Secretary City Attorney • • ~ r SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Squaze, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"} wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (herinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of land described in Exhibit "A", and shown on Exhibit "B", said exhibits attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas (hereinafter referred to as the "Property"), and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which aze caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of--way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-D06-00-2/2121 - 1 - • • (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, operate, place, maintain, lay, inspect, protect, repair, alter, .substitute, relocate, replace, and remove such underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, a~ under and within said easement; the right of pedestrian and vehiculaz ingress to and egress from the surface of the easement utilizing the surface of easement, the right to clear and keep cleared trees, brush, and all other obstructions from the surface and subsurface of said easement, subject to the exceptions stated herein; and, the right. to install, maintain, and use gates in fences which cross said easement. (d) GRANTEE, shall not have the right to construct, build, install, maintain, have, or permit any above ground structures, facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route mazkers or signs. (e) GRANTOR, its successors and assigns, shall have the right to use the surface and subsurface of the easement herein granted insofaz as such use does not impair, interfere with or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and pazking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, but not along, the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (fj Subject to the rights granted to GRANTEE as set forth herein, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as neazly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of the easement. 2 ]ab No. LP2-D06-00-2/2121 - 2 - • (g) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this day of , 2000. CITY OF LA PORTE By: Name: Title: 3 Job No. LP2-D06-00-2/2121 - 3 - C~ ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of 2000, by of City o La Porte. NOTARY PUBLIC IN AND FOR SAID COUNTY MY OMMISSION EXPIRES After recording. please return to: Kevin Stephenson CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 PRINTED NAME OF NOTARY Job No. LP2-D06-00-2/2121 - 4 - ~ s SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Suite 230, Houston, Texas 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within a tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does ~ not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control (b) The right-of--way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-D06-00-2/2121 • (c) This easement is granted for the specific purposes of permitting Grantee to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace and remove such above ground and underground electrical, telephone, telegraph, signal and other communications facilities, cables, lines, circuits, and conduits, repeater huts, subscriber loop carrier repeater huts, buildings/structures housing telecommunication facilities, digital subscriber loop cabinets/structures housing said telecommunications facilities, and fiber optics repeater huts, together with such above ground and underground appurtenances thereto, as Grantee may from time to time require upon, over, across, above, under and within the easement; the right of ingress and egress to the easement using the surface of the easement and all reasonable routes across the Property,. including but not limited to the right to use all existing and future roads, drives, streets, pazking lots, entrances and exits and all other paved azeas of the Property; the right to pave and to pazk vehicles on the surface of the easement; the right to drain or sheet flow storm water runoff from the easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property; the right to clear and keep cleared trees, brush and all other obstructions from the surface and subsurface of the easement; the right to install, maintain and use gates in fences which cross the easement; the right to fence the easement; and the right to pave the surface of the easement for parking purposes and to construct roads, streets and drives upon the easement; the right to raise the surface grade of the easement by placing dirt, fill and/or other materials of GRANTEE's so that the surface grade of the easement can be raised above the level of the flood plain. (d) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as neazly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of easement. (e) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein and that it lias the right to make this conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazazdous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement or GRANTOR'S property described herein, including but not limited to 2 Job No. LP2-D06-00-2/2121 "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. (f) GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North and East of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the. commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this day of , 2000. CITY OF LA PORTE By: Name: Title: 3 Job No. LP2-D06-00-2/2121 • • ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the 2000, by , day of , o rty o a Porte. N AR PUBLIC IN AND FOR SAID COUNTY MY COMMI ION EXPIRES PRINTED NAME OF N AR After recording, please return to: Kevin Stephenson Contract Land Staff, lnc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. LP2-D06-00-2/2121 • u TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`h Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4`h Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 89°44'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner and the POINT OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner of said tract herein described; THENCE South 89°44'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with the east. line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast corner of said tract herein described; THENCE North 89°44'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) of land. Compiled By: Weisser Engineering Company ~` ~~••n F • T 19500 Park Row, Suite 100 ~P ~,~~` `_' ~ e~{F.;~-y~ Houston, Tcxas 770E4 ``'~• °••~ TEFI~P~•SAS: Job No.: S0779 (298-625) r : 9 4410 _t`: c~- Date: O1/02/00 Revised O1/10/O1 ~ . • ~ ~ SWBT Job No.. LP2-D06-00-2 ~ •S~iF:`~~~~~ `'"~ RT #: 2121 ~''`~' ~~' , Wire Center: Liverpool Exhibit "A" 50779 SITE.doc 01/03/00 moo ~r^m 1 C '-DZ rmm Z~~rp ODD rm• r~ ~cncn ~N~Om VI --~N ~~_~ IZO O nm fmm m Nll1 D oZ~m ~ A ~~ .. ~N c { f :Sl m OON?12(n 0~--~rC7~ D ~~O~--I ~(» yA C~~ I O DDm ~ S w m Z m ~m \r^~vz°m Imo SOUTH 4TH STREET (60' R.O.W.) O(n~ Z fTl m N Z D ~'' GRASS AND GRAVEL \ y i~ m Z 0 C < n I'T1 - ~ - _ D V1 r r z ~ O ~ O r- z D N I m ~ Z ~• ~ ~ ~ mn0 O ~ -1 • Z 1*1 `" ~ ~ ~ r~ -P ~-O ANN Y • /\~ • ^'^~ ~T. 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N W O J W = -P = I I u~,- ~ Woo°o ~~„- w orno u; u; -~ .A cn _ Wo ' N~ .p ~ - v ~! .p m ~ ~ o m ~ D ' I I I I I I i ~ I I I I I i ~ CI1 ~j N ~ N (J~ N I CJ~ ~I N N ° ~ 0 O 0 O 0 O v CTS v o t0 0 O 0 t0 ~ ~ o O 0 tD 0 O o / ~ `J ~ ~ G'~ N m EXHIBIT ~~B~~ ~~ o; mD v .-, • • SOUTHWESTERN BELL TELEPHONE COMPANY ACCESS EASEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" - (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), anon-exclusive easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within the tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR'S property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of--way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Hams County, Texas which affect the easement. Job No. LP2-D06-2/2121 1 • • (c) This easement is granted for the specific purposes of permitting GRANTEE vehicular and pedestrian ingress/egress access to and from its adjoining telecommunications facilities easement conveyed concurrently herewith by GRANTOR to GRANTEE, said adjoining telecommunications facilities easement being more particularly described in Exhibit "C" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. GRANTEE shall have the right to construct, operate, place, maintain, lay, alter, substitute, relocate, replace, inspect, protect, repair, and remove a roadway or driveway for vehicular and pedestrian ingress/egress access purposes, and drainage facilities associated therewith, upon, across, over, above, under and within the herein described easement, and/or to utilize GRANTOR's existing roadway/driveway within said easement. Furthermore, GRANTEE shall have the right to install, maintain, and use gates in fences which cross the easement. (d) GRANTOR, its successors and assigns, shall have the right to use the surface of said easement insofar as such does not impair, interfere with or obstruct the use of said easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, place, maintain, lay, inspect, protect, operate, repair, alter, substitute, replace and remove (i) roads, streets, sidewalks, parking lots, and landscaping over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and ,public utility facilities across, through, and along the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE's use of the easement. (e) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE'S access roadway/driveway and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operation. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, shrubs, bushes and vegetation .growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE's use of the easement. (f) This easement will terminate and revert to GRANTOR upon GRANTOR providing GRANTEE with continuous reasonable, alternative vehicular and pedestrian ingress/egress access to and from the telecommunications facilities easement described in Exhibit "A" and shown on Exhibit "B" attached hereto to a public right-of--way or roadway or private roadway/driveway having public roadway access and twenty-four hour a day, seven days a week availability. It is specifically understood that the term "GRANTOR", as utilized in this paragraph, refers to GRANTOR and/or their heirs, successors, and assigns. 2 ]ob No. LP2-D06-2/2121 • • (g) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein conveyed, and that it has the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that he has no knowledge of the existence of past or present production storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself and his heirs and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this day of , 2000. CITY OF LA PORTE By: Name: Title: Job No. LP2-D06-2/2121 3 r~ L ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged. before me on the 2000, by , MY COMMISSION E After recording, please return to: Kevin Stephenson Contract Land Staff, Inc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 • day of _, ity o LaPorte. N TARY PUBLI IN AND FOR SAID COUNTY PRINTED NAME OF N T Y Job No. LP2-D06-2/2121 4 TRACT 3 ACCESS EASEMENT DESCRIPTION OF A 0.024-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS • Being a tract of land containing 0.024 acre (1,051 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.024-acre tract being out of Lots 3, 4 and 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.024-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1, Block 177 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`h Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4`h Street, with the west line of said Lots 1-4, a distance of 50.00 feet to 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner and the POINT OF BEGINNING of said tract herein described; THENCE South 41°34'57" East with a northeast line of said tract herein described, a distance of 15.06 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of anon-tangent curve to right; THENCE .in a southeasterly direction with a northeast line of said tract herein described and with a line of a curve to the right having a central angle = 75°46'27", radius = 40.00 feet, chord bearing =South 37°38'08" East, chord distance = 49.13 feet, at a curve length of 25.54 feet pass the south line of said Lot 3 and the north line of said Lot 4 and continuing for a total curve length of 52.90 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; , THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast corner of said tract herein described; THENCE North 89°44'54" West with a south line of said tract herein described, a distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest corner of said tract herein described; THENCE North with the west line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of a . curve to the left; THENCE in a northwesterly direction with a southwest line of said tract herein described and with a line of a curve to the iefi raving a central angle = 66°40'24", radius = 25.00 feet, chord bearing =North 33°05'08" West, chord distance = 27.48 feet for a curve length of 29.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; THENCE South 51°38'45" West with a southwest line of said tract herein described, a distance of 12.75 feet to a 1/2-inch iron rod with cap stamped ~"WEISSER HOUSTON" set for a southwest corner of said tract herein described, located in the west line of said Lot 4 and the east right-of--way line of said South 4`~' Street; , Exhibit "A" so~~9 access ~ i.aa oiroaioo THENCE North with the west line of said Lot 4, with the east right-of--way line of said South 4th Street and with a west line of said tract herein described, at a distance of 10.00 feet pass the north line of said Lot 4 and the south line of said Lot 3 and continuing for a total distance of 35.00 feet to the POINT OF BEGINNING and containing 0.024-acre (1,051 square feet) of land. Compiled By: ~. Weisser Engineering Company 19500 Park Row, Suite 100 r Houston, Texas 77084 J ~Q.. ~~~ S Job No.: 50779 (298-625) ••' ' - - ' ~~ .. Date: 01/02/00 Revisied O1/10/O1 ••<:~ ~'•~~~}~p ~~~,;U ~ SWBT Job No.: LP2-D06-00-2 -yti ~ :: ,s.~ ' ~~ RT #: 2121 4 1G ~~ Si1R~ Wire Center: LaPorte ~"~~~ Exhibit "A" song nccsss rev i.a« ovo3ioo moo ~m~ I C x D2 rmm Z~~lrO ODD N N ~ ~nm N1~ ~'Ai~ 1 Zo ... m'i m OC~N ~D VIND 02 Z ~m N ~ m~ ~ v ; N c~ - c ~_ m ~ ~ N OII A - l OOtn''~SN ov~~'c~~ \ ~:U~~C~D7 • ° D~ODO~~ ~t~-+ '~'° n~ ~ °zri ~m~ ~ :U=wf*1 mmm mn~Z°m ~ o SOUTH 4TH STREET (60' R.O.W.) \ Otn~ m p ~ N fTl ~Z y ~ /~cJn I ~O D O m GRASS AND GRAVEL C 1'Tl D Z v D ~, D .~ rn 0 z 0 c~ D _, ~- - _ - . - D r r z O ~ O r z v ~ N ~ i ~ m ., '~ Z A • ~ ~ m~~ "'~ .~ ~ • -' n D Vl ~ ooy~~~-ri yOND~~r'7~~ rCZ;-+c~ n~n~n~ v O N z o ~1 .'~ I .~ N z O N ~o D ~I a r ' N D ~ " ~ I m ~N ~g v N O ~ ^ O N tD O ~ O O O N I N u O OI ,~.~y w ~ ti`°9C°c'F' •~'o s°~'''~ .~ ~ ~ '~C A R6~TF O O O ~ ~ rn ~ R- ~ ~ o ~ -mac N O1 ~~/1(~OO~n~O Noo ~ 'v~ I ~ ~ A ~ ~ ' G7 G~~ m D O Z ~ ~ ~ ~° om rrl C ~ ~ ~ m -Zj = ~ '~ S ; S ~. ~. ~ m ~ = Z N „~ ~~:N ~ ~ ~~ tiiO ~ Dr ~ ~~}' `6~c~r~ ~• ~~~ m -~- -a r z m r O Z 0 N n 16' ALLEY o°N' cno~~-~ ~~ ma ~o z ~~ ~ = o V! a. ~ Af7~n ~° ~mZOtal ~ OO Oo Ow ON 0 L v ~ o N Z o N o ~ ~ ~ ~ ~ ~ C ~~ ~ z m g m I I I I I I fZ ~ ~ fTl ~ •1y ~f~ ; i!s' G~`i ~1~vf N (~Ji O ~ O p Z7 n O `' _'~`_ ~.+-~ ~ Z ~ ~ ~ ~ -~ ~ -i C ~ o = Z_ rn ~, c~ _ r- D f'l D Q ~ ~~ m a cn ~ ~ Z ~ to O -O O O Z ~ _ N o O ? (~ M--'1 O ~ ~ ~ v o ~. V] '^ VJ m ~ O ~ x ~ ° ~~ D C7 ~ ~ w ~ ° ~ D z o v • '~ Oro ~. fp ~/~ \ii fTl ~ ^ + O 0 ^ m~ EXHIBIT "B" ~ . --~ ~ ~ o O -~ . N (.+ /~ ~ O ~ v ~ 1 25' ~'° °~o D -i~ =r o m' ~~_ m~ O SOUTH 142.09 SOUTH 50.00' 25' 25 T. A z~ ~m m ~x m ~Z r O r O -~ N R• ~~ i s i z ~ z~D 7 V ° :U ~ rO N ' - ~~ ~~ ~\ On? ~ C1l W r N. .:P~ m ~ H rn 0 N N O :~ (60' R.O.W.) O \I O --i m r _ m °yovcai>,~ ... o ~ r'i r~. -a Nn~~~m~l A "'~Z~Z• "~"~ • m m ~ C~ n -Im`~-a_-tZOON v p~~ N O O ~ O O O O O O O O O / /'~ 0 0 0 0 O O CO O 0 0 0 0 0 C cn O O N _~~~ O ~ O = II ~~ cn O Z O ~ t0 c .~ ~ .{ ~ ~ 11 N O N ~ ~ ~ ~p c .~ 11 (J~ ~I ~ ~ ~ oo ~ .C ~~„- ~ ~ w c°o_ o °o_ w cam„- w ~ °~'. ~ V ~~„- ~ ~ .~ U7 N v ~ r~ ~ o ~° ~ ~ o °° - m ~ D I I I I I I. I i I I I (NJ1 U~ (wjl N I N Cn N I ~ V N ~ O ( I LN p O p CJ~ v tD O t0 ~ - O? tD p ~ ( }~ v ' ~ ~ ~ ~, m C~ TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract being out of Lots S and 6, Block 177 of the'Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4th Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4th Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 89°44'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner and the POINT OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner of said tract herein described; THENCE South 89°44'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast corner of said tract herein described; THENCE North 89°44'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) of land. AMY PROYISDN NEAEd wNN;N AESTRCTS THE SAIF, RENTAL, OA USf OF THE DESCANfD AEAF Compiled By: IAOPfA1TPECAYFEOFCOlORDAAACESAIYAlN1-NDUNENFORCEAIIEDNDFRFEDFAAII-N. THE STATE OF TEXAS COUNTY OF HARRIS Weisser Engineering Company ~ 1lirtbn+~Fh+Iry+p+IYaent~n+FIEDhFhNunluSnawnnonlAed+YmdNMnNm+ IDgU Inro+IT n; al nn IuITRECORDED.ti Ile OAeulPrek Aenrll dAnilNN+m il Nnrrin 19500 Park Row, Suite 100 ~- ,~~ .OF T~ cn+~,,T+°+nn Houston, Texas 77084 ~,,~? Vic,' ~ ~ R~ y ~~~ FEB 2 0 2001 Job No.: 50779 (298-625) ~ Date: 01/02/00 Revised O1/10/O1 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool ~~ ; ~U 4410 c-` ~~ ~ COUNTYCIERK Q~ F E S S ~ v ' -L ~~ NARRIS COUNTY, TEXAS .S ~R~ ti. it Exhibit "~' S0779 SITH.doc 01/03/00 continue to expand our network. These struc- tures enable us to deploy the latest technology directly into a neighbor- hood. Through the multiplexing of many lines over an The use of Remote Terminal Buildings, like the one shown here, allows Southwestern Bell to existing copper cable, or through the use of small fiber cables, these build- ings enable us to provide customers with the most reliable service and the most efficient use of rate dollars. CONTR~ICT LAN~STAFF Inc. 10701 Corporate Dr. • Suite 215 • Stafford,TX 77477 February 20, 2001 Ms. Martha Gillett City of La Porte P.O. Box 1115 La Porte, TX 77572 Re: Recorded SWBT Easements Dear Ms. Gillett: ~~.~ FEB 2 1 2001 CI7'}° ~~C~ E°'~~~Y'S Enclosed you will find copies of the recorded Southwestern Bell Telephone Easements for your records. Thank you for your cooperation and please contact me at (281) 340-3582 if I can answer any questions or be of further assistance. Sincerely, ~~ t - . . Kevin Stephenson Enclosure(s) (281) 240-3370 Corporate Office (800) 874-4519 (281) 240-5009 fax • TRACT 2 EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.021-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.021 acre (911 square feet) out of the J. Hunter Survey, A=35, Harris County, Texas. Said 0.021-acre tract being out of Lot 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.021-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`h Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4`h Street, with the west line of said Lots 1-4, a distance of 100.00 feet to 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner and the POINT OF BEGINNING of said tract herein described; THENCE South 89°44'54" East with a north line of said tract herein described, a distance of 65.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast corner of said tract herein described; THENCE North 89°44'54" West with a south line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for an interior corner of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 5.00 feet to a 1~/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast corner of said tract herein described, located at the northeast corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE North 89°44'54" West with the north line of said Southwestern Bell Telephone Company easement and with the south line of said tract herein described, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner of said tract herein described, located in the west line of said Lot 5 and the east right-of--way line of said South 4Th Street; Exhibit "A" S0779 UNDERGRDUND.doc 01/03/00 • THENCE North with the west line of said Lot 5, with the east right-of--way line of said South 4~h Street and with the west line of said tract herein described, a distance of 17.09 feet to the POINT OF BEGINNING and containing 0.021-acre (911 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revisied Ol/10/O1 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: LaPorte .~~ o F r~~ P• G~.~•~~.•. ..............:......:..... ~'•q 4410 P ~iy'•°Fess~°?'~O O~' ~,.~\ U~.r-~... Exhibit "A" 50779 UNDERGROUND.doe 01/03/00 m N -I D O Z -I D ~. D -C /1 Cn O Z71 O :.. ^~ z cn ~ ID al N r N D Im I m N' O' ~° ~ N ~ I _ ~ N O t0 O ~ I I O ~ O N N ~ 0 m -< 0 z r~ C7 -a -< 0 r D ~D O ~~ ~o~ ~m I n D .Z7 00 ~ ,•I --I ~'y ~° ~ n --i -o ~ wmzm T gym,,, m 1~~ZQ~ f m = ~ \ VOVI~ Z m N m Z ti A ~ GRASS AND GRAVEL 0 0~ rr~ r~ ~20N200 ~~g~~~~, ~, o- I o- ~~~~~~~ c~ -o m D ~ ~' n o ~v ~ Z m ~ ~ ~ o ~ C -Z-•I ~ ~ \ \ ~ m~ A D r T. mZ ~o 0 z\ r mcm co~,ozaN ~oa~r°~~--II N n ~ ~ ~ m ~ ~O -IZ_~Z• ...~ • mm~c~c~ -imN~Zp~N ~ p ~~ Z N ~ fTl ~ ~d ; ~; O T ~~ ~ o• ~ r' .~F'9" ~ • ~ DO = Z iU m ~ ~v~:4 c,. L . ' ~~N ,: ~ D p ~ frl D Z ~ ' •~ ~`t~1 ~ 2 q ~ ` ~ ~ ~ ~/ ~ cn m n r nnn r ~ . ' y ~''~.~. ~•- ~.~ ~ : 5~+~ 0~0 r ~ Z(n~ fl ~2Z ~ min = O O ~T1 0 Z ~~ -n ~•~ (n 00 ~ ~ ° ~ ~ (D ~ D ~y° n D o~~ ~' ~ Z ~ ^~~ ~ fD ~ °o ^ SOUTH 4TH STREET (60' R.O.W.) N N m ~ a ~avD,' ~-n-+ • A~*7AW ~m~o m v ~ m`v z 0 . A 000000 ~ '~ cn cn z cn cn z O ~ ~ ~ ~ O~ _ .P ~ _ ~ _ C ~~ ~ z m ~ m • I I I I I I (T~ N O~ •A W ~ W /lJ cn o 0 0 0 0 0 0 0 0 0 ~ o 0 0 0 0 O G 00 O 0 0 0 O 0 0 0 0 ~ cn to O z cn O (~ r ~~ = II ~~ II z p z cn O n = r ~~ II ~~ II cn z p z cn p 0o .p c 2 ~ cn 2 W u Z cp O) CJ~ ~ _ oo ~ c = u VI N N O ~ W ~ = oo •A c = I I u~,- ~ w c°o 0 o w u~',- w J o_ rn o can ~~„- -~ ~ N N v ~ m g cn aoo ~ ~ ~ m ~ D I I I I I F I ~ I I I I (Nj~ (I~ (Wji N ~ N U1 N I N V (Njt ~ ~ O ~ O ~ O v ~ ~ N v tf? O t0 ~ co ~ Ol tD O O ~ r y~ V, DD W m U m ; ~ T r~ m D ~_ EXHIBIT "B" ~ ;~~ ,,~~' L886059 n S 523.00 `~~ • 0?/20/01 306505081 U8BE059 ~J SOUTHWESTERN BELL TELEPHONE COMPANY ACCESS EASEMENT THE STATE OF TEXAS § ~ § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230,` Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter, collectively referred to as "GRANTEE"), anon-exclusive easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within the tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, ~ Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of--way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. Job No. LP2-D06-2/2121 1 • • (c) This easement is granted for the specific purposes of permitting GRANTEE vehicular and pedestrian ingress/egress access to and from its adjoining telecommunications facilities easement conveyed concurrently herewith by GRANTOR to GRANTEE, said adjoining telecommunications facilities easement being more particularly described in Exhibit "C" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. GRANTEE shall have the right to construct, operate, place, maintain, lay, alter, substitute, relocate, replace, inspect, protect, repair, and remove a roadway or driveway for vehicular and pedestrian ingress/egress access purposes,- and drainage facilities associated therewith, upon, across, over, above, under and within the herein described easement, and/or to utilize GRANTOR's existing roadway/driveway within said easement. Furthermore, GRANTEE shall have the right to install, maintain, and use gates in fences which cross the easement. (d) GRANTOR, its successors and assigns, shall have the right to use the surface of said easement insofar as such does not impair, interfere with or obstruct the use of said easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, place, maintain, lay, inspect, protect, operate, repair, alter, substitute, replace and remove (i) roads, streets, sidewalks, parking lots, and landscaping over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across, through, and along the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement. (e) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE's access roadway/driveway and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR's Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operation. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE's use of the easement. (f) This easement will terminate and revert to GRANTOR upon GRANTOR providing GRANTEE with continuous reasonable, alternative vehicular and pedestrian ingress/egress access to and from the telecommunications facilities easement described in Exhibit "A" and shown on Exhibit "B" attached hereto to a public right-of--way or roadway or private roadway/driveway having public roadway access and twenty-four hour a day, seven days a week availability. It is specifically understood that the term "GRANTOR", ~as utilized in this paragraph, refers to GRANTOR and/or their heirs, successors, and assigns. Job No. LP2-D06-2/2121 2 • • (g) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein conveyed, and that it has the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that he has no knowledge of the existence of past or present production storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself and his heirs and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this i ,~~ _ day of ~--~ ,fj , 200 CITY OF LA PORTE By: G~ ~ . l~l.~.w~ Name: ~,d~~R-~ ~ Nrtr r~c.~c.. Title: C 1.~ YY~ ~- J ~ C t R- i~~ ~..; ~., :~, r~; a.:~ w, ._.. :-~ , ~~ .. rU .'`'- ~ ~~~ . ,. •~;~ I'i'i; ~= ~,~ r _.. . ~l~ .4rv T,~ :G r .. C.11 Cl1 ~.~ .~,... Job No. LP2-U06-2/2121 3 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS This instru nt was ackn wledged before me on the ~ ~' day of ~ ~ ' , 200, by ~. C ~e ('( _ ~ f f ~ (GI ' 'r} 0 1ty o La Porte. G~. NO ARY PUBLIC IN AN~R SAID COUNTY MY C MMISSION EXPIRES l~l'I ~ ~ ~ ,A . C i (I,e.,~.I' ' PRINTED NAME OF NOTARY ~~r ~ MARTHA A. GILLEIT *~ NOTARY PUBLIC "f~, ,~.~` State of Texas ~-~m: l: : ~~2001 . After recordin>=, please return to: Kevin Stephenson Contract Land Staff, Inca 10701 Corporate Dr., Suite 215 Stafford, TX 77477 Job No. LP2-D06-2/2121 • • TRACT 3 ACCESS EASEMENT DESCRIPTION OF A 0.024-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.024 acre (1,051 square feet) out of the J. Hunter Survey, A-35, Hams County, Texas. Said 0.024-acre tract being out of Lots 3, 4 and 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.024-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot 1, Block 177 of said Map of La Porte, located at the intersection point of the south ri~tlt-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4 Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4a' Street, with the west line of said Lots 1-4, a distance of 50.00 feet to 1/2-inch iron rod with cap stamped "wEISSER HousTON" set for the northwest comer and the POINT OF BEGINNING of said tract herein described; THENCE South 41°34'57" East with a northeast line of said tract herein described, a distance of 15.06 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the begmning of anon-tangent curve to right; THENCE in a southeasterly direction with a northeast line of said tract herein described and with a line of a curve to the right having a central angle = 75°46'27", radius = 40.00 feet, chord bearing =South 37°38'08" East, chord distance = 49.13 feet, at a curve length of 25.54 feet pass the south line of said Lot 3 and the north line of said Lot 4 and continuing for a total curve length of 52.90 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast comer of said tract herein described; THENCE North 89°44'54" West with a south line of said tract herein described, a distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest comer of said tract herein described; THENCE North with the west line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of a curve to the left; THENCE in a northwesterly- direction with a southwest line of said tract herein described and with a line of a curve to the lefr having a central angle = 66°40'24", radius = 25.00 feet, chord bearing =North 33°05'08" West; chord distance = 27.48 feet for a curve length of 29.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; THENCE South 51°38'45" West with a southwest line of said tract herein described, a distance of 12.75 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest corner of said tract herein described, located in the west line of said Lot 4 and the east right-of--way line of said South 4s' Street; Exhibit "A" 50779 ACCESS m I.dac 01/07/°0 • • THENCE North with the west line of said Lot 4, with the east right-of--way line of said South 4a' Street and with a west line of said tract herein described, at a distance of 10.00 feet pass the north line of said Lot 4 and the south line of said Lot 3 and continuing for a total distance of 35.00 feet to the POINT OF BEGINNING and containing 0.024-acre (1,051 squaze feet) of land. Compiled By: Weisser Engineering Company 19500 Pazk Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revisied Ol/10/Ol SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: LaPorte. Exhibit "A" 50779 ACCESS m I.dx OI/03Po0 f*1 N 'T1 D O Z -~ D D ~-. rn O O 0 0 ~? rr~ r~ r- ro"i o~ Nn~~nb0 N°~ I °~S IA~A~~ •~, •~~ -a m a o .Z N ~ ~ O r'nm e m ~ ~ m = ~ ~ m mod. o ~ ~ ~: oa i '~ m TI _'I (n ' fi ~: n C ~y N ...OD~~1*1~-1 N n ~~~~~ N,p Nm~ =1 ~, ~my~oooN ~~+Z• 000000 ~ v ~ ~ v N~ z N in z ~ y ~ ~ oo w c oo ~ ~ '9~ x A A A A x A ? 2 m , m ~ o ~ ~ ~ m Z q `~ G•. ~' ~ fn ' ~ c~`r.q ;~ 0~ _ ~ ~ ~ D (n ~ ~ ~ rl Oq ~ ~ S`d ~ ~ N ~ omm~ p r r~ N '~ C7 C(n ~ ~ ~ fTl D -i ~ ~ ~ C r m ~ 0 0 ~ 2Z -+m- C7 ~ 2 ~ m r X ~ D fTl D O _ 2 ~ 117~71~~!! N o ~0 1~~~ N D VI~~ OO Z (T1 ~ rtp p 7 OII~ O ~ ~ \li M~1 ~ C •~ " >~ .Z I (n O ~ x~ --I -m TI I X ~ ~ ~ A D ~ -0 o t,-I w m E ~ /`~ ~~ ~I ~ r Z OOO c ~ N c0 -1 ~ 'P m~ O N ~ O ^ C \ / ~ I ~ O ^ O 10 ~ N N " ~~~ A A A a• y I I 1 I I I ~1~ TI r N O~ A W A W /V (T O O O O ~ o 0 0 0 0 0 0 0 0 0 /^ V ~ ao ~ rn N A w N o~ oD ~ OOOO O OOO O OOOO to N z to ~r~~ z z to nr~~ N z z N /~ o o x u u n o o x u n u o o C oo c ~ ~ II ~ aD c II ~ ao c t0 ~ ~ N O) N ~ ~O -{ LT V A rrt~e-~ ~ x S (.W Z t0 O) U~ 2 .p x y N U~ O f.W = A = I I A ~ OAO A tO ~AO ? A fT A W 1000 N W p0?O N CT N W N v ~ - ~ ~ A ~ s z ~ V m ~ o f o "' f aD oo D I I I I I I I m I I I I (T (Ji ~ N I N U~ N I N J N (r f i 00 O p N N c0 O t0 A 0~ co ~ O (`J~\1 ~ t0 V ~ ~ W x m< _ °m;~~ ~ ~ ~ ~° EXHIBIT ' B' { o y~~o" yA A-0`+r°n z m?cn o \ ~~z. vOVI A ro • TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Hants County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.028-acre tract being more particulazly described by metes and bounds as ~ follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`~ Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4a' Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Hams County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 89°44'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner and the POINT OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89°44'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "wEISSER HOUSTON" set for the southeast comer of said tract herein described; THENCE North 89°44'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) of land. Compiled By: Weisser Engineering Company 19500 Pazk Row, Suite 100 r ,~ O Houston, Texas 77084 ~ ,~? ~b ` ~' ---- Job No.: S0779 (298-625) ANA ; ~ ' Date: 01/02/00 Revised Ol/10/Ol : LP2-D06-00-2 SWBT JobNo ,,,, ,,, _ ~ ; 9 4410 P;~ fi~ 9.~; °FESS~oc'-i~r~J,/ . RT #: 2121 ~.~ S U R`~'4r 'err'" Wire Center: Liverpool ,. ~~ C Exhibit "~' earn si7E.aoo oirovoo ~„> • AAIIAODSDI AEAEIIIACY AESIRCISIAf fIIE.AFITLL,OAUSE Oi THE OFStA11ED AFAI IADIEATI IEt1UfE OF COlOA OA AAtE 61111D AIO UIEIiOAtEAIIE VAOEA FEOEAAE IAA. THE STATE OF TEXAS COUNTY OF HARRIS IMnh urlTl Mt M uh~fnl nl FlEO w FN MuMi Sfpwncf fn M daY wd uM Ne fYtlid Nnu 11 u; ul fa Ifh RECORDED. Y M OIkYl111Sc Aafdl d Aullupm d Nuns COtlnry, ifYl N FED 2 0 2001 COUNTY CLERK * HARRIS COUNTY, TEXAS / r~! ,`~:.t ~~ a~ t=sssasr J SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § COUNTY OF HARRIS § 02f24f01 300545082 U8860E0 s2i.00 KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"} wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (herinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of land described in Exhibit "A", and shown on Exhibit "B", said exhibits attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas (hereinafter referred to as the "Property"), and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of--way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Han is County, Texas which affect the easement. 1 Job No. LP2-D06-00-2/2121 - 1 - • (g) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR'S Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively refen ed to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. ~- f SIGNED AND EXECUTED this ~ day of ~t'iy. , 20(x$ CITY OF LA PORTI'J By:Q~~ t ~,~~.~.~ Name: 1Z e7 ~'G'tiT ~ ~,~ r~.V C~ Title: C•l.~ ~~y ~- ~.~tl. ~~ Job No.LP2-D06-00-2/2121 - 3 - ~ i (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove such underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, and under and within said easement; the right of pedestrian and vehicular ingress to and egress from the surface of the easement utilizing the surface of easement, the right to clear and keep cleared trees, brush, and all other obstructions from the surface and subsurface of said easement, subject to the exceptions stated herein; and, the right to install, maintain, and use gates in fences which cross said easement. (d) GRANTEE,. shall not have the right to construct, build, install, maintain, have, or permit any above ground struchres, facilities, apparariJS, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route markers or signs. (e) GRANTOR, its successors and assigns, shall have the right to use the surface and subsurface of the easement herein granted insofar as such use does not impair, interfere, with or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, but not along, the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (f) Subject to the rights granted to GRANTEE as set forth herein, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of the easement. 2 Job No. LP2-D06-00-2/2121 - 2 - • TRACT 2 EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.021-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.021 acre (911 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.021-acre tract being out of Lot 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.021-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of LaPorte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4s' Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4`~ Street, with the west line of said Lots 1-4, a distance of 100.00 feet to 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner and the POINT OF BEGINNING of said tract herein described; THENCE South 89°44'54" East with a north line of said tract herein described, a distance of 65.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast corner of said tract herein described; THENCE North 89°44'54" West with a south line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for an interior corner of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 5.00 feet to a 1/2-inch iron rod with cap stamped "wEISSER HousTON" set for a southeast corner of said tract herein described, located at the northeast corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestem Bell Telephone Company by document recorded under Hams County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Hams County, Texas; THENCE North 89°44'54" West with the north line of said Southwestern Bell Telephone Company easement and with the south line of said tract herein described, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner of said tract herein described, located in the west line of said Lot 5 and the east right-of--way line of said South 4~' Street; Exhibit `.`A" sarro urrocaceourro.aa oim3mo • ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the 1.Z~ day of ~8- , 200, by Q p g'~('( '(, N Q (f e ~(A ~ f ~1 /XAJ,NG1 P of City o La Porte. ~T~R PUB IC IN AN OR SAID COUNTY MY MMI I N EXP RES ~ ,,-~„~Y w~, MARI'FiA A. ~i1L,L,E1T a1,~~b .S~At!! (~,~Bl.1C 'l~ ~ • C~ i ~ We'll PRINTE NAME OF N TARY r.: ~:-a ~ c_:s ~ ~, ~ ~..' t4 ~ ~t ~F ~~ ~ ~~~' 1 V . 'L5 , O J ' - `~,y~' .ti ,, . I. ` \.'• FY .ti ~ y';; ~_ J %.'. 4 ' .. .}' U3 ~1 After recording. please return to: Kevin Stephenson CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 ~..F. 4 Job No. LP2-D06-00-2/2121 - 9 - • THENCE North with the west line of said Lot 5, with the east right-of--way line of said South 4a' Street and with the west line of said tract herein described, a distance of 17.09 feet to the POINT OF BEGINNII~TG and containing 0.021-acre (911 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revisied Ol/10/Ol SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: LaPorte Exhibit "A" sorrourrosncaourro.aa mrosioo m N --1 D O Z D D -C Os O O :. ~o II ~~~ I a O yA~p•'' 'S.o Av I vz m?Nmo \ ADZ. vOtA A u < < 0 0 <? ~p ~~ n °=oN?ate ~~ NAN~A~~r ~N NOO I O~D Z ~ N I p ~ C1~ O ~'~ N ~~my ~~ • ~Z~~ O>~~ ~ ~ ~ w m c~Z ~o SOS-_IZ O-1 ; nt*1A w O)) __- m O ~o om SIZ'~ON ~~N ~r*ir;*1~ ~~ 0 ~~ ~ L C - O~~ Z cn ~n z cn v~ z ~ v C v cn ~ A " C p ~ m ~~:ti ~; y D N W 9 o +~ ~ ~ ~ ~ ~ ~ n frl ~ r CJ`d ~R ~ p N N O ° O o O O j ~ ONp ~ o o_ 0 0 J ~ ~ ~ ~ r m ao v rn OOOO cn ~ w N O OOO O o O OO O ~ -~ = Z fTi -D r N p p N= II Io-l ~ p Z r ~ p 2 II II II N p Z O p Tl - f X ~ C7 fTl D = O _ _ , ~w S ~ N ~ C ~ ~' II N tp rn N ~ Oo N C II Cn v ~ N U~ O ( j ~ = ao c _ r D D UI --1 ~ Z r ~ O ~ y p = p S 2 w Z A ~ O wm N _ ~ A O ? oo 2 N t0 A O woo „ ~ ~ A 'U 00 r l (J~ j O rli H~ ~; p Ui w u; N ~ V N w V ~, as .. ~ • a ~ _ a ~ (n O ~ t0 IXx ~~ N m ~ o g O ''' ~ ~ r*t -*~ D i ~ '~" ~~~ I I I I I I I I I I I VI~ OVQ (7 r p Z ~ ,, O V' ~~ OTC ~ ~ (Np N (wJl N I N N ~ N I (J~ V (N71 N ( _ I ^ ~ ~ I ^ ? m ~f~i 00 ~ ~ ~ V t0 O t0 ~ O~ c0 00 O a/~`~ ~ O O 00 ~"! N m O O7 m ; ~ - O N ~v N N EXH181T "B" ~: • i It11A0IISDt tEAEN ~ MICY AESIACTS IRf SAll, AEITAI, OR USE OF TAE OESCAIIID RFAE IAOIEATI IEt1U1E OF LOlOA OA AFtE 611SI101A0 UIEAFORLEIIIE UAOFA FEOEAAI lllt. THE STATE OF TEXAS COUNTY OF HARRIS I Mnh anTt MI h~ bhslal rn iIED'e Fi ArsNr S/arlal /a M GM aad tl M Ise IYgd 11uu 11 u; ul m Irh AF60RDED. Y b Olkill hllc Alcldl d Aul lnprry d Num Clrnl, TIYI M FEQ 2 0 2001 ~~~~~~~~ COUNTY CLERK * HARRIS COUNTY, TEXAS L J -, A ~~ ~~~,,~. 4~ F V1 t,sssoss ~ • 02/20/01 300505083 (1886061 SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR TELECOMMUNICATIONS FACILITIES (19.00 +.l ,THE STATE OF TEXAS § ~--- § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Suite 230, Houston, Texas 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00)1)OLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"); a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within a tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR'S property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris Coun ,Texas recorded b lat in Volume 58, Page 460 of the Deed Records of Harris ,r' tY Y P County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080;` Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only aright-of--way and easement subject to the following:. . (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-D06-00-2/2121 • • (c) This easement is granted for the specific purposes of permitting Grantee to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace and remove such above ground and underground electrical, telephone, telegraph, signal and other communications facilities, cables, lines, circuits, and conduits, repeater huts, subscriber loop carrier repeater huts, buildings/structures housing telecommunication facilities, digital subscriber loop cabinets/structures housing said telecommunications facilities, and fiber optics repeater huts, together with such above ground and underground appurtenances thereto, as Grantee may from time to time require upon, over, across, above, under and within the easement; the right of ingress and egress to the easement using the surface of the easement and all reasonable routes across the Property, including but not limited to the right to use all existing and future roads, drives, streets, parking lots, entrances and exits and all other paved areas of the Property; the right to pave and to park vehicles on the surface of the easement; the right to drain or sheet flow storm water runoff from the easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property; the right to clear and keep cleared trees, brush and all other obstructions from the surface and subsurface of the easement; the right to install, maintain and use gates in fences which cross the easement; the right to fence the easement; and the right to pave the surface of the easement for parking purposes and to construct roads, streets and drives upon the easement; the right to raise the surface grade of the easement by placing dirt, fill and/or other materials of GRANTEE'S so that the surface grade of the easement can be raised above the level of the flood plain. (d) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of easement. (e) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein and that it has the right to make this conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement or GRANTOR's property described herein, including but not limited to 2 Job No. LP2-D06-00-2/2121 • "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. (f) GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North and East of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE,' its successors and assigns, forever; and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. I SIGNED AND EXECUTED this ~' day of ~~ ~ ~ , 200p! CITY OF LA PORTE ~ U~ ~ 1l Name: ~ b la -e f2 l ~ ~ ~~' e (~-2 e (L t~ Title: C1 ~ ~ c.~--' G- e 2 ~ ~;~ ` , •~;; ;, ca • c~ """"' . ~, S ~~ ~ _ (g~, ~1~. *a~ ..` `ti~ ..' ~ cn ~~-, 3 Job No. LP2-D06-00-2/2121 • ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the ~ ~~ day of Y~ ~~ , 200Q, by ~. D ~~ f 1- 'f . ~~ [~ t t { i d , ~~ ~, MA hair~P / o ity o a orte. ~ ~, OA BI IN AN R SAID COUNTY Y C MMI SIGN EXPIRES - , 1 1 '~ ' PRINTED NAME F N TARY '" "r MARTFIA ~. OII.i.ET'p ~~' NOTARY PUBLIC State ol7exea After recording, nlease return to: Kevin Stephenson Contract Land Staff, Inc. 10701 Corporate Dr., Suite 2l5 Stafford, TX 77477 4 Job No. LP2-D06-00-2/2121 • • TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Hams County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deed recorded in Volumc 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.028-acre tract being more particulazly described by metes and bounds as follows: (bearings called in the following description aze based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`" Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4a' Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest comer of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Hams County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 89°44'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer and the POINT OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner of said tract herein described; THENCE South 89°44'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "wEISSER HOUSTON" set for the northeast corner of said tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast comer of said tract herein described; THENCE North 89°44'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 squaze feet) of land. Compiled By: Weisser Engineering Company 4 ~ ~~. O F 19500 Pazk Row, Suite 100 ,tP,~o~ s r, Houston, Texas 77084 ~~'?~~ Job No.: 50779 (298-625) ~ :9 aay o z; Date:01/02/OORevised0l/10/Ol ~.i;••°Fess~°?=~ SWBT Job No.: LP2-D06-00-2 D .SURD RT #: 2121 Wire Center: Liverpool Exhibit "A" sorrosrrsaoo oimsroo m y ',~ D O Z '0 D D .~. rn O zr O ~Ro m~j z a p D,~p`pcp~?t-~ ~'~ n= I SZm m. NmOD \ n~0z Ul vON~ N m z ~tiq in m NO ~ ~o o~ ~ ~ ! Z = ~I > ~n0-i ~~~'~_~~"' nr*IAW ~~~° OOOO UO ~ ~~ ~ 0~ ~ Z N N z Ul N z N ~ --~ ~ -I ~ '~ ~: ST x ~; ~ x a 2 I fTl r1 -9 A ? A e ~ ~ ~ ~ Opp a : -riE ~ ~ .~t~ ~ ~ ? C ~ DO rrl ~f~ a?~? N~O z D -I 2 Z~7 :U C:N ~~:~-+~~ m ~ ~ Z p ~ D r i (D ~ ~r o; n' O~ may I I 1 I I I cn o 0 0 0 ~ ~ n c cn ? N ~ rT1 ~ ~ :~-IC m =z m- m r a m p 0 ~ ~ c`On n1 D cn ~ '~ O O Z fT7 v ~ o ~ ° ~ ~ --~ cn o ~ (n C7 'u ~ ° V] r i -n ~ I c ~ ~ Y- ~i s D : V m O ~ /`r ~ o ~ ~ C7 D ~. °o ~ ~ tv0 ~ '~ ,,AA A ~i.f N UI ° 00 ° C " 0 0 0 0 '0 0 ~ o 0 0 0 0 ~ ~ ~D O ~ ~ ~ © 0 0 ~ 0 ~ IA N Z N n r ~ %n Z Z N (~ r' C• ~ N 2 Z N 0 o x u u u o o x n u u o o ~ c ~ Cn II ~ Oo c II ~ ~ OD c < ~p~ ~ S G+ ZtNOO~iN = ~ ~ yNNO W x ~ x 0 0 A OHO 1': N ,p W 1 00 W ' A W v - N U ? N nj o ~ N ~ .~ ~! ~ m ~ ~= ~ o m ~ ao I I I I f I I I m I I I I (N11 _ N (Wjl _ N I _ N _ N _ N 1 _ (!~ _ V N N f~ 0 O O Q O U! V t0 O t0 ~ O) ~0 0 V~ Oo W m ~ ~ ~ r ~ EXHIBIT "B" uuan[ol Ilunal Imlcu nt lut,nnuoun a nu[wm Itu -la[In llcua er caulolllc[ s nuuuutuouuut ulu-[Inuur. THE STATE OF TEIfAS COUNTY OF HARRIS ' 1 WHl~rq Nlli :iMW ~w IIEI Y IY rwlrNlrw w M WY M iM W xqJ Mrr q ~4 W ~w ah I[CIaf1.Y N /4WIik Iwr4 ilulhy~q ilri [wq.Lr~w FEB 2 0 2001 ,~ ..~~~/ COUNTYCLERN r HARRIS COUNTY, 7E%AS 1 • TRACT 1 EASEMENT FOR TELECOMM[JMCATIONS FACII,TTIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Hams County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of--way line of West " I "Street (60 feet wide) and the east right-of--way line of South 4`s Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of--way line of said South 4`s Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under'Hams County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 89°44'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner and the POINT' OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "VVEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89°44'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast corner of said tract herein described; THENCE North 89°44'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revised O1/10/O1 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool C Exhibit "?~' .~ $OiM SITE.doc Oll0)/00 continue to expand our network. These struc- tw•es enable us to deploy the latest technology directly into a nei~hbor- huud. Throubh the multiplexing of many lines over an The use of Remote Terminal Builciin~s. like the one shown here. allows Southwestern Bell to esistinb copper cable, or throu~~ the use of small fiber cables, these build- inbs enable us to provide customers v~~ith the most reliable service and the must etlic.ient use of rate dollars.