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Home My WebLink AboutPotable Water Easement - Heritage Erectors Development (Barras Business Park) - W PARKWOOD AVE (2) ENTITY AS GRANTOR POTABLE WATER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Heritage Erectors Development, Inc. ("Grantor"), for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City of Friendswood, Texas, a home rule municipal corporation of the State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns and legal representatives, a perpetual easement for the purpose of constructing, reconstructing, altering, and maintaining underground potable water facilities in, under, along, upon, and across that certain 0.0555 acre tract of land,more or less, Easement, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain underground potable water facilities within said Easement and to operate thereon all necessary machinery and equipment to efficiently prosecute the work. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement property for any and all purposes which do not interfere with or prevent the use by Grantee of the Easement for the purposes stated herein. In instances in which the Grantee is performing work necessary to construct, reconstruct, repair, relocate or maintain the underground water facility, the Grantor, or his/her assigns, shall be responsible at their sole cost for restoring any surface improvements existing at that time of such work by Grantee to their original condition, up to and including, but not limited to, any concrete parking lots, sidewalks, landscape areas or pavement that were disturbed during such work. This conveyance is expressly made subject to any and all restrictions, mineral and/or royalty reservations, covenants, and easements appearing of record relative to the Easement, but only to the extent that the same are still in force and effect and enforceable against the same. The Easement, along with all rights and privileges relating thereto, shall terminate when the Easement, as described above, is abandoned or vacated by adoption of an Ordinance abandoning or vacating such by Grantee. TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor binds itself, its successors and assigns, to warrant and forever defend all and singular the said easement unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor,but not otherwise tk IN WITNESS WHEREOF, this instrument is executed this 1 0 day of , 2007. • GRANTOR • I-Li-4 A5,e Zi-recVS DtIA I fitA,A)- I NC\ By: ql.itt 1 (Name) Frasi pc�/I' (Title) ACCEPTED BY GRANTEE: Commission H. Smith,Mayor :, 46.rl Junoires 13. 2010 • ADDRESS OF GRANTEE: AT T Cityof Friendswood,Texas D loris McKen ie, RMC H � 910 South Friendswood Drive City Secretary ON R E �� Friendswood,Texas 77546 '� o � J`► v ACKNOWLEDGMENT + 4 OF 1E* THE STATE OF TEXAS § COUNTY OF GALVESTON § FORE ME the undersigned Notary Public, on this day personally appeared E t2 s , known to me to be the person whose name is subscribed to the foregoing n rument, and acknowledged to me that he, [he or she] executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said [corporation,partnership,etc]. GIVEN under my hand and seal of office, this tEf day ofmb , 2007. CL/"- Notary Public In and For the State of Texas • My Commission Expires: L —1 —10 3 _ • 1 zn oizoo7 0.0555 ACRES GALVESTON COUNTY,TEXAS 10' POTABLE WATER EASEMENT EXHIBIT "A" 10' WIDE POTABLE WATER EASEMENT Of 0.0555 acres of land being out of a called 2.974 acre tract of land being all of Lot 1, Block 1, Laurence Cline Subdivision, as recorded in Plat Record 2004 A , Map No. 174, Galveston County Map Records. Said called 2.974 acres being all of that certain tract of land conveyed by deed dated June 14, 2007 from the City of Friendswood to Heritage Erectors Development, Inc, recorded in Galveston County Clerk's File No. 2007038914. Said 0.0555 acres being more particularly described by metes and bounds as follows: (Bearings are based on Galveston County Clerk's File No. 2007038914); COMMENCING at a 5/8 inch iron rod with cap stamped CL found in the Southerly right-of-way line of Whitaker Drive (based upon a variable width R.O.W.) at its intersection with the easterly right-of-way line of F.M. 528 (based upon a 180' wide R.O.W.), said point being the northwesterly corner of said called 2.974 acre tract; THENCE South 48° 43' 01" East, along the southerly right-of-way line of said Whitaker Drive for a distance of 150.33 feet to 5/8 inch iron rod with cap stamped CL found for angle point; THENCE South 44° 54' 10" East, continuing along the southerly right-of-way line of said Whitaker Drive for a distance of 124.36 feet to the PLACE OF BEGINNING of the herein described easement; THENCE South 44° 34' 52"West for a distance of 241.63 feet to a point for corner; THENCE South 45°25' 08" East for a distance of 10.00 feet to a point for corner; THENCE North 44° 34' 52" East for a distance of 242.21 feet to a point for corner in the southerly line of said Whitaker Drive; THENCE North 44° 54' 10"West, along the southerly right-of-way line of said Whitaker Drive for a distance of 10.02 feet to the PLACE OF BEGINNING of the herein described easement and containing within these calls 0.0555 acres or 2,419 square feet of land. Created by Scot Lowe X:\DOCS\LEGALS\07021-W ATER-ESMT.DOC I of Mayor jleso`�tits.q4`4i DAVID J.H.SMITH City of Friendswood Councilmembers r:7-V- .0:1 EWING "�;;�;�. LAURA ' \ e f�''; 7 JOHN LeCOUR �_ 4 4k4 910 South Friendswood Drive JIM HILL '�� Friendswood, Texas 77546-4856 LESLIE REID _ :7:4/ (281) 996-3270 W.CHRIS PEDENANDYRIVERA Fax: (281) 482-1634 City Manager eE�X BO McDANIEL City Secretary January 8, 2008 DELORIS McKENZIE,T.R.M.C. Ms. Mary Ann Daigle Galveston County Clerk P. O. Box 17253 Galveston, TX 77552-7253 Dear Ms. Daigle: I have enclosed the following document for recording from the City of Friendswood: WATER EASEMENT: BARRAS BUSINESS PARK DEVELOPMENT 10 Foot Wide Potable Water Easement, Exhibit A —0.0555 acres of land being out of a called 2.974 acre tract of land being all of Lot 1, Block 1, Laurence Cline Subdivision, as recorded in Plat Record 2004 A, Map No. 174, Galveston County Map Records. Said called 2.974 acres being all of that certain tract of land conveyed by deed dated June 14, 2007 from the City of Friendswood to Heritage Erectors Development, Inc., recorded in Galveston County Clerk's File No. 2007038914. Said 0.5555 acres being more particularly described by metes and bounds as follows: (Bearings are based on Galveston County Clerk's File No. 2007038914) Please record these documents and return original recorded Water Easement to: City of Friendswood Attn: Deloris McKenzie, City Secretary 910 S. Friendswood Drive, Friendswood,Texas 77546-4856 Sincerely, Sharon Parks, CPS Administrative Assistant Attachments: 4 PI328 PAGE: 1 FPO ENTRY / RECEIVING REPORT FPO NUMBER : F80585 DATE RECEIVED: 1/15/08 REMARKS : REIMBURSEMENT-RECORD UTILIY EASEMENT-SHARON PARKS RECEIVED BY: SLP02 ENTERED: 1/15/08 9 : 11 BY: SLP02 VENDOR: 0003236 - PARKS, SHARON INVOICE NUMBER: 080115 INVOICE DATE: 1/15/08 INVOICE POSTED: 1/15/08 9 : 11 BY: SLP02 PAYMENT DUE: 1/17/08 AMOUNT: $ 28 . 00 ACCOUNT# PROJ# AMOUNT ITEM DESCRIPTION 00102014117400 $ 28 . 00 RECORD UTILITY EASEMENT - GAL. CO. GALVESTON COUNTY CLERK. 600 55th ST, 31E. 2001 GALVESTON, TX li` 1 (409) 766-2200 ISSUED TO: CITY OF FRIENDSAUOD RECEIPT # 648742 DATE 01/14/2008 11:55:35 A DOa ENT # PGS FEE 2008002554 4 EASEMENT 28.00 Total Amount Due 28.00 CASH 30.00 ____ Total Amount Paid 30.00 Change Issued: 2.00 THANK YOU Deputy: BRYN CONSENT AGENDA December 17,2007 A. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular January Council meetings for January 14 and 21,2008. In order to provide additional time to celebrate the holidays, it has been recommended Council move their regular meeting dates to January 14 and January 21 for the two regular meetings in January. It is anticipated January 14 will necessarily serve as a work session with a minimal regular meting agenda. B. Accept easement for public waterline within the Barras Business Park development. Heritage Erectors Development, Inc. purchased the acreage fronting the new Public Safety Building on FM 528. The owner has been in the process of constructing a commercial business center. Due to unforeseen conflicts with the planned waterline tie- in process, the 8-inch waterline routing for the project had to be redesigned. As part of the approval of the redesign and in the best interest of the public, City staff has requested and the developer is granting, a 10-foot wide potable water easement from the developer to enable the City to access and maintain the waterline. This item is on the agenda for City Council to accept this easement from the property owner. Attachments 1. Memo from M_orad Kabiri dated 11-11-07 2. Easement document 3. Locator Map Agenda2007/12.3/TSY02 City of Friendswood AGENDA ITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE: 12/17/07 DEPARTMENT OF ORIGIN: Community Development DATE SUBMITTED: 11/11/07 PREPARED BY: Rene' Ibarra SUBJECT: Barras Business Park—Commercial Development,Authorize the acceptance of a Potable Water Easement from Heritage Erectors Development, Inc. PROCEEDING: Consent Agenda DEPT.CLEARANCES:Les McMahen DIVISION CLEARANCE: Morad Kabiri APPROVED BY CITY MANAGER: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SOURCE OF FUNDS: N/A FINANCE APPROVAL: N/A STAFF SUMMARY Heritage Erectors Development, Inc. has been in the process of constructing a commercial business strip within the City of Friendswood on FM 528 at Whitaker Drive. Due to unforeseen conflicts with the planned waterline tie-in process, the 8- inch waterline routing for the project had to be redesigned. As part of the approval of the redesign and in the best interest of the public, City staff has requested and the developer has granted, a 10-foot wide potable water easement from the developer to enable the City to access and maintain the waterline. The grantor, or his/her assigns, is responsible for the maintenance of the surface improvements within the easement. EXHIBITS: Copy of Potable Water Easement from Heritage Erectors Development Inc. with Metes & Bounds, and a Project Locator Map. STAFF RECOMMENDATIONS City staff recommends that City Council accept the potable water easement from Heritage Erectors Development, Inc., and authorize the Mayor to execute the easement on behalf of the City. • . . r , , .. .1 • . . 0,s,4 kt. i 04 1-!1, . 4.1, W A 4, 4<'" 4)..? • III, .1„. is•4>p * • 1t�♦♦♦♦♦♦♦♦♦ Goo♦ ♦♦ ,,�e• � ♦♦♦•%48 P�° ♦j♦�•�� .�++ ♦ 1 ' • e / 111111 tgAt Will' (0, 0. + ..ft,� ? (*A4"11. 1644(4-+ �� -.04, P 43' .`4 -:� o 4,,,i/ 4 A9 ,, 1 A0(...._,— ♦♦ice&0P �.�°� �q��%c `\ ,,,,< \WiAs4V 6 /11kg t& 4444 i 10.43\-/-01% 111114N..;< I ♦11) ♦ Doti♦jj a °ti ,#411&'i �♦ 1ve ♦ Ns, 4'/� Fo *r i :♦♦:Barras Business Park •♦♦40♦♦ /`F 20•� �i,'�'' ��• ♦♦ 4'!q� Existing New c/ ♦ °4 41..� '♦♦ ♦A qr%A17)41004,;67, . 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City of Friendswood : 4 :: 910 South Friendswood Drive Friendswood G I S Mapping 0 Friendswood,Texas 77546 a (281)996-3200 r f" ,gt,i ' www.ci.friendswood.tx.us 1 "equals 946 Melinda Welsh From: Bobby Gervais [bgervais@OlsonOlson.com] Sent: Monday, December 17, 2007 12:42 PM To: Melinda Welsh Subject: FW: Emailing: Barras Waterline Easement Melinda- apparently there are a few typos, but the form is ok, per John Olson. BG Original Message From: John Olson Sent: Monday, December 17, 2007 12:01 PM To: Bobby Gervais Subject: RE: Emailing: Barras Waterline Easement No, there were a couple of grammatical errors where they added some language, but basically it's the form I sent them. Rene and Morad had already sent it to me a couple of weeks ago. I'm sorry I didn't copy you on the emails. jfo Original Message From: Bobby Gervais Sent: Monday, December 17, 2007 11:12 AM To: John Olson Subject: FW: Emailing: Barras Waterline Easement John- I didn't see anything that needed changing in the easement document. How about you? Bobby Original Message From: Melinda Welsh [mailto:mwelsh@ci.friendswood.tx.us] Sent: Friday, December 14, 2007 5:02 PM To: John Olson; Bobby Gervais Cc: Deloris McKenzie Subject: Emailing: Barras Waterline Easement <<Barras Waterline Easement.pdf>> Please review the Barras Waterline Easement that is attached and on the agenda for Monday. Thanks, Melinda Welsh Deputy City Secretary City Secretary's Office i City of Friendswood 281-996-3271 281-482-1634 (fax) "This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city policy" 2