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HomeMy WebLinkAboutDrainage Easement - Friendswood United Methodist Church - 204 W EDGEWOOD DR . Galveston County 12/15/2005 9 : 46 PAGE 001/006 Fax Server GRC 20050117416 PIS DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That I/WE, Friendswood United Methodist Church (GRANTORS), being owners of the harem described property located in Friendswood,Texas,for and in consideration of the sum of Ten Dollars ($10.00) cash to me in band paid by the City of Friendswood, Texas, and the Galveston County Consolidated Drainage District(GRANTEE)and for other good and valuable consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, release, and forever quit-claim unto the Galveston County Consolidated Drainage District; a Texas Conservation and Reclamation District situated in Galveston County, Texas, whose mailing address is 1605 Whitaker Drive, Friendswood,Texas 77546,hereinafter referred to as the Drainage District,its successors and assigns,a perpetual Drainage Easement,described by metes and bounds and map attached hereto as Exhibit "A" and Exhibit "B" and made a part hereof for all purposes This easement is granted for purposes including but not limited to construction,reconstruction,maintenance,repair,replacement or removal of drainage structures, subject only to the provisions and conditions herein specified. GRANTEE,its officers,agents,employees,successors, and assigns,shall have the right and privilege to enter upon the land covered by the easement, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance;and for the purpose of removing trees,brush,undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, replacement or repair of drainage structures,authorized hereunder,and for ingress and egress to and from said easement. It is hereby understood,and by the acceptance of this instrument it is recognized,that GRANTOR retains title to all of the oil,gas,sulfur and other mineral interests in and under said easement,but expressly waives any and all rights of ingress and egress to the surface thereof for Page l of l 1. • Galveston County 12/15/2005 9 : 46 PAGE 002/006 Fax Server the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none of such operations shall be conducted so near the surface of said easement as to interfere with the intended use thereof or in any way interfere with,jeopardize or endanger the facilities of the Drainage District or create a hazard to the public users thereof GRANTOR retains right of ingress and egress over and across GRANTEE'S easement and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be placed in, on, or along said easement. Grantor may construct driveway access in, on and across the easement in compliance with Drainage District&sign criteria. To have and hold perpetually, the above described property and easement for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said drainage structures, endeavor to restore said premises to the condition in which the same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will not do any act that will be detrimental to said premises. S� /- l Executed this '1 day of N e t k7,1kK , 2004 G ORS A,5 GL{rPepl ni/N c �l p Printed ame. -s flee. @.}tccw � ,t Printed Name: (vt1-. /I 020y Printed Name. Page 2 of 2 - Galveston County 12/15/2005 9: 46 PAGE 003/006 Fax Server THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Phyllis J. Lee ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1st DAY OF Nov ipcy.„ ,A.D.,2004. • ' - _ N T Y PUB IC,S ATE OF TEXAS , ` - Printed Name: Linda S. Thornton • s , My Commission Expires: O8/10/07 'AtIt9R RECORDING RETURN TO City of Fneadswood do City Secretary's Office 910 South Fnendswood Drive Fnendswood,Texas 77546 GRANTEE: CITY OF FRIENDSWOOD ted W Prin Kimball W. Brizendine TITLE: Mayor THE STATE OF TEXAS - COUNTY OF GALVESTON ' BEFORE ME, the undersigned Notary Public, on this day personally appeared KiMball '1. Brizendine, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER-MY HAND AND SEAL OF OFFICE THIS 17th DAY OF NOVEMBER, 2004. • N RY PUBLIC, STATE OF TEXAS i ,• :, Printed Names: Linda S. Thornton ;1 � My Commission Expires: 08/10/07 GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT Page 3 of 3 1805 WHITAKER DR. -- -PAID FRIENDSWOOD,TEXAS 77548 . Galveston County 12/15/2005 9 : 46 PAGE 004/006 Fax Server Grantee: Galveston County Consolida ed Draina e District P to z ��! Ld/,, A Title: 6' 'ese- STATE OF TEXAS )( COUNTY OF GALVESTON )( EFORE ME,the undersigned Notary Public, on this day personally appeared �- 1 1 L- (.J10v-\-04c2,r , know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GN UND R MY HAND AND SEAL OF OFFICE THIS of DAY OF I W( 1 ry-,z , 204L. a\_,),—(} L.:l�1�� r4= ,, ANNETTE M.MAGEA Notary Public, ate of Texas C Norry Pttic,Stole onion Printed Name: �r f� c.. � My Commission Expires: l\pv 42.0s 0 0 r Page 4 of 4 . Galveston County 12/15/2005 9 : 46 PAGE 005/006 Fax Server r • EXHIBIT "A" METES AND) BOUNDS DESCRIPTION 2.4885 ACRES OUT OF PERRY AND AUSTIN LEAGUE,ABSTRACT NUMBER—20 FRIENDSWOOD, GALVESTON COUNTY,TEXAS All that certain 2.4885 acres out of Perry and Austin League, Abstract Number — 20, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 09-30-1999 from M. H. Johnson to Friendswood United Methodist Church as filed in Official Records of Real Property of Galveston County at Clerk's File Number 99-51385, Film Code Number 013-97-1869 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System,South Central Zone NAD 83); Commencing at a found 80d nail in asphalt marking the east corner of said Fnendswood United Methodist Church tract and marking a point on the south right-of-way line of Farm Market Road 518; Thence N 48° 15' 28" W — 22.30' with the southerly right-of-way line of Farm Market Road 518 to the POINT OF BEGINNING of herein described tract and said point being on a curve to the right having a radius of 100.00' and a central angle of 89°28' 16"; 1. Thence with said curve an arc distance of 156.16' and a chord bearing and distance of S 85° 49' 31" W— 140.77' to a point for corner; 2. Thence N 49°26' 21"W—216.87' to a point for comer; 3. Thence S 80° 24' 35"W—331.04'to a point for corner; 4. Thence N 71° 11' 07"W— 112.30' to a point for corner; 5. Thence S 41° 37' 5T' W—269.54' to a point marking a point on a curve to the right having a radius of 120.72' and a central angle of 47° 37' 31"; 6. Thence with said curve an arc distance of 100.34' and a chord bearing and distance of N 80° 29' 52" W—97.48' to a point for corner; 7. Thence N 41°44' 32" E—306.02' with the southeasterly line of that certain tract described in a deed dated 09-21-1994 from Waylyn Custom Homes, Inc. to Lell Development Company as filed in Official Records of Real Property of Galveston County at Clerk's File Number 94- 44295, Film Code Number 010-02-1728 to a point for corner 8. Thence S 86° 42' 47"W—25.47' with the common line of said Lell Development Company tract to a point for corner; 9. Thence N 41° 37' 57" E—99.77' with Block 1, Annalea Section One Replat according to the plat thereof filed in Plat Record 1, Map Number 12 Galveston County Map Records to a point for corner, 10. Thence S 71° 11' 07"E— 153.41' to a point for corner;; 11. Thence N 80° 24' 35" E— 352.52; to a point on the south nght-of-way line of Farm Market Road 518 and marking a point on a curve to the right having a radius of 7,737.19' and a central angle of 02°21' 42"; 11-794 church easement M&B.doc Galveston County 12/15/2005 9 : 46 PAGE 006/006 Fax Server 12. Thence with said curve and the south right-of-way line of Farm Market Road 518 an arc distance of 318.92' and a chord bearing and distance of S 49° 26' 21" E— 318.90' to a point for corner; 13. Thence S 48° 15' 28" E — 44.77' continuing with the south right-of-way line of said Farm Market Road 518 to the POINT OF BEGINNING and containing 2.4885 acres (108,400 square feet)of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number. 11-794 church easement M&B.doc 10-15-2004 FILED AWE RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY P7actic.effritis 2005 FEB 25 09:43 AM 2005011741 RUILAD $24.00 Mary Ann Daigle 'COUNTY CLERK GALVESTON, TEXAS 11-794 church easement M&9.doc DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That UWE, Friendswood United Methodist Church (GRANTORS), being owners of the herein described property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollars ($10.00) cash to me in hand paid by the City of Friendswood, Texas, and the Galveston County Consolidated Drainage District (GRANTEE) and for other good and valuable consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, release, and forever quit-claim unto the Galveston County Consolidated Drainage District, a Texas Conservation and Reclamation District situated in Galveston County, Texas, whose mailing address is 1605 Whitaker Drive, Friendswood, Texas 77546, hereinafter referred to as the Drainage District, its successors and assigns, a perpetual Drainage Easement, described by metes and bounds and map attached hereto as Exhibit "A" and Exhibit "B" and made a part hereof for all purposes. This easement is granted for purposes including but not limited to construction, reconstruction, maintenance, repair, replacement or removal of drainage structures, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the easement, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to and from said easement. It is hereby understood, and by the acceptance of this instrument it is recognized,that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof for Page 1 of 1 the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none of such operations shall be conducted so near the surface of said easement as to interfere with the intended use thereof or in any way interfere with,jeopardize or endanger the facilities of the Drainage District or create a hazard to the public users thereof. GRANTOR retains right of ingress and egress over and across GRANTEE'S easement and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be placed in, on, or along said easement. Grantor may construct driveway access in, on and across the easement in compliance with Drainage District design criteria. To have and hold perpetually, the above described property and easement for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said drainage structures, endeavor to restore said premises to the condition in which the same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will not do any act that will be detrimental to said premises. Sf Executed this '1 day of A/D Ueni e/ 2004. s tseeeci G N ORS of/yl e 4 -4 o .0 Printed ame: I J i s t.. 1.� e_ U �r Irt.�g1'�e ��acr a 'C t /1 aol Printed Name: • Printed Name: Page 2 of 2 THE STATE OF TEXAS § COUNTY OF GALVESTON § § BEFORE ME, the undersigned No Phyllis J. Lee ' Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1st November , A.D., 2004. DAY OF NOTARY PUBLIC, S ATE OF TEXAS Printed Name: Linda S. Thornton AFTER RECORDING RETURN TO: My Commission Expires: 08/10/07 City of Friendswood do City Secretary's Office 910 South Friendswood Drive Friendswood, Texas 77546 GRANTEE: CITY OF FRIENDSPTOOD • Printed Name: Kimball W. Brizendine THE STATE OF TEXAS TITLE: Mayor =— COUNTY OF GALVESTON BEFORE ME, the undersigned Notary Public, on this day personally appeared Kimball W. Brizendine, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 17th DAY OF NOVEMBER, 2004. t Y ' NOTARY PUBLIC, STATE OF TEXAS Printed Names: Linda S. Thornton My Commission Expires: 08/10/07 Page 3 of 3 Grantee: Galveston County Consolidated Drainage District Printed Name: Title: STATE OF TEXAS )( COUNTY OF GALVESTON )( BEFORE ME,the undersigned Notary Public,on this day personally appeared ,know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ,20_ Notary Public,State of Texas Printed Name: My Commission Expires: Page 4 of 4 . EXHIBIT "A" METES AND BOUNDS DESCRIPTION 2.4885 ACRES OUT OF PERRY AND AUSTIN LEAGUE, ABSTRACT NUMBER—20 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 2.4885 acres out of Perry and Austin League, Abstract Number — 20, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 09-30-1999 from M. H. Johnson to Friendswood United Methodist Church as filed in Official Records of Real Property of Galveston County at Clerk's File Number 99-51385, Film Code Number 013-97-1869 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System, South Central Zone NAD 83); Commencing at a found 80d nail in asphalt marking the east corner of said Friendswood United Methodist Church tract and marking a point on the south right-of-way line of Farm Market Road 518; Thence N 48° 15' 28" W — 22.30' with the southerly right-of-way line of Farm Market Road 518 to the POINT OF BEGINNING of herein described tract and said point being on a curve to the right having a radius of 100.00' and a central angle of 89° 28' 16"; 1. Thence with said curve an arc distance of 156.16' and a chord bearing and distance of S 85° 49' 31" W— 140.77' to a point for corner; 2. Thence N 49°26' 21" W—216.87' to a point for comer; 3. Thence S 80°24' 35" W—331.04' to a point for corner; 4. Thence N 71° 11' 07" W— 112.30' to a point for corner; 5. Thence S 41° 37' 57" W—269.54' to a point marking a point on a curve to the right having a radius of 120.72' and a central angle of 47° 37' 31"; 6. Thence with said curve an arc distance of 100.34' and a chord bearing and distance of N 80° 29' 52" W—97.48' to a point for corner; 7. Thence N 41° 44' 32" E—306.02' with the southeasterly line of that certain tract described in a deed dated 09-21-1994 from Waylyn Custom Homes, Inc. to Lell Development Company as filed in Official Records of Real Property of Galveston County at Clerk's File Number 94- 44295, Film Code Number 010-02-1728 to a point for corner 8. Thence S 86° 42' 47" W—25.47' with the common line of said Lell Development Company tract to a point for corner; 9. Thence N 41° 37' 57" E—99.77' with Block 1, Annalea Section One Replat according to the plat thereof filed in Plat Record 1, Map Number 12 Galveston County Map Records to a point for comer; 10. Thence S 71° 11' 07"E— 153.41' to a point for corner; 11'. Thence N 80° 24' 35" E — 352.52; to a point on the south right-of-way line of Farm Market Road 518 and marking a point on a curve to the right having a radius of 7,737.19' and a central angle of 02° 21' 42"; 11-794 church easement M&B.doc 12. Thence with said curve and the south right-of-way line of Farm Market Road 518 an arc distance of 318.92' and a chord bearing and distance of S 49° 26' 21" E— 318.90' to a point for corner; 13. Thence S 48° 15' 28" E — 44.77' continuing with the south right-of-way line of said Farm Market Road 518 to the POINT OF BEGINNING and containing 2.4885 acres (108,400 square feet) of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-794 church easement M&B.doc 10-15-2004 11-794'church easement M&B.doc 3. THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.) SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF SURVEY AND MAY NOT BE COMPLETE. 4. TRACT SHOWN HEREON SUBJECT TO CITY OF FRIENDSWOOD BUILDING ORDINANCE. 5. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF . FRIENDSWOOD DRAWINGS & UTILITY COMPANY BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE FIXTURES. CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UTILITIES. 6. UNDERGROUND TELEPHONE AND CABLE TELEVISION LINES ARE NOT SHOWN HEREON. ALTHOUGH NO TELEPHONE OR CABLE TELEVISION LINES WERE MARKED ON THE GROUND OR PLANS MADE AVAILABLE TO THIS OFFICE, SURFACE FIXTURES INDICATING UNDERGROUND TELEPHONE FACILITIES EXIST WITHIN THE SUBJECT AREA. SURVEYOR HAS LOCATED SURFACE FIXTURES ONLY. EXHIBIT "B" , �' C.L. DAMS & CO. FRIIENDSW000 TJEXAS 77546 fl LAND SURVEYING FAX 2812 s2°1294 EXHIBIT METHODIST CHURCH OUTFALL DITCH FROM ANNALEA SUBDIVISION TO F.M. 518 FRIENDSWOOD, GALVESTON COUNTY, TEXAS DATE: 08-10-2004 I SCALE: 1" = 40' 'JOB NO.: 11-794 DWG FILE: 1 1-794GPS-TXDOT-TRUE-EL if, ` CITY OF FRIENDSWOOD ,`.yi / N , 1Bl _zz= � '4. TEXA. : October 11, 2004 Mr. John Spangle, Drainage Task Force Friendswood United Methodist Church 204 W. Edgewood Avenue Friendswood, TX 77546 Transmitted by Electronic Mail: JOSpangle@aol.com Dear Mr. Spangle: In a meeting held on August 24, 2004, the Methodist Church Drainage Task Force met with members of the City Staff to discuss the granting of a public drainage easement across the 16-acre tract. In this initial meeting, the Task Force presented a list of eight issues/conditions for the granting of the easement. This letter is intended to serve as a record of those discussions and as a written response to the conditions expressed in that meeting. This letter also serves to confirm discussion between you and the City Manager, on Monday, October 11, 2004. The following is a response to the items in their original order: • Possible elimination of the front detention pond and concerns about erosion control The City will support the Church's efforts to utilize the ditch for in-line detention purposes during plan reviews and permitting talks with the District. The ultimate authority over how in-line detention would be accommodated in the ditch rests with the Drainage District since this will be a structure they operate. The Drainage District is cooperating with the City to perform the work to clean, straighten, and define the ditch as proposed. The City cannot commit the Drainage District to any construction outside of the confines of the drainage easement. Any work required to enlarge the ditch beyond the current proposed limits to accommodate in-line detention is to be done at the Church's expense or through an agreement directly with the Drainage District. The City will provide hydro-mulch once final grades are achieved. Responsibility for maintenance of the ditch will rest with the Drainage District once the easement is dedicated to it. This includes periodic mowing and maintenance of the side slopes and flow line. • Have City provide culvert and headwalls across ditch The work the City has proposed, that includes the cleaning, straightening and defining of the existing ditch, requires the removal of the existing undersized culvert. The City has spent $15,876 on drainage studies, topographic and metes and bounds surveys from which the Church's project will directly benefit. To this the City originally offered a sum of$10,000 towards the cost of replacing this undersized structure with one that is sized for the Church's future needs and complies with drainage study recommendations. CITY MANAGER'S OFFICE 910 S.FRIENDSWOOD DR. FRIENDSWOOD,TX 77546 281-996-3250 PHONE 281-482-3722 FAX John Spangle Page 2 October 11,2004 Current bids for similar work indicated that the pricing for the type and size of box culvert is greater than that. Therefore, the City proposes to increase its cash offer to $25,000 for compensation of the replacement of this structure. This brings the total value of this portion of the offer to nearly$41,000. • Determination of suitability of soils for use as foundation materials The Church will require any soil used for foundations or paving sub-grades to be tested and then lime stabilized before use. The work indicated by this issue is not within the scope of the City's project or that of the Drainage District. Typically, the Drainage District disposes of soil tailings from site work on the site. This is usually stockpiled for use in construction, either as fill material to receive further treatment or as topsoil for final grade work. Additional soil borings are not in the City's scope for this portion of the project and are more appropriately placed in the Church's project scope. Any borings done on the material at this time would be of no use once the material was moved to new locations. The Church should make provisions to spread and compact this material or to use it in final grade operations separately from the ditch easement issue as it sees fit. • Clearing and replacement of trees The City has taken care to set the alignment of the proposed ditch with the intent to limit the impact of this work on the existing trees. The City has stated that its operations, and those of the Drainage District, would make every reasonable effort to preserve and protect trees within the work area. The work area consists of two distinct different situations with regard to the trees: the area of the ditch itself, and the 20- foot maintenance berm on either side of the ditch. Within the ditch itself, trees of whatever size that cannot be accommodated will be removed. From the field visits, this appears to be a relatively small number, some of which are already dead or dying. The City does not typically replace trees that lie within drainage or other utility easements. However, for those six or seven trees that are within the ditch, the City is willing to replace those in accordance with the requirements of the Tree Preservation Ordinance. In keeping with that document, the City would provide six or seven trees of two to three-inch caliper each. Those trees that lie outside of the ditch, but within the maintenance berm, do not require removal for the proposed work of the City's project and therefore will not be replaced by the City. In addition, the Church has requested the City clear the entire 100-foot easement to allow the Church to better maintain the property. The City agrees to do this work. The estimated cost may be as much as $30,000. The City expects that this requirement by the Church be conveyed to and clarified with the Church members, so there will be no confusion as to who called for this clearing and why. • Church requires assured access across easement The easement deed will include a statement that the landowner retains all surface rights and use as long as they do not prohibit the easement holder's intended use of the right of way. • Fire waterline loop to new building The City will require that the fire waterline be installed by the Church to the new building at the time of construction in accordance with local building codes and national life safety codes. The balance of the loop will be required as a part of later phases of construction. John Spangle Page 3 October 11, 2004 • Drainage issues on property on FM 2351 The City understands this property has been sold and is no longer of consideration in this matter. • Drainage of the existing parking lot The City is aware of the problems suffered in the existing parking lot and is working with TxDOT to resolve these as quickly as the State can move. The Church can be assured that it has the City's full support in this issue. The total value of this offer is over $70,000. It is subject to City Council approval. By separate correspondence, Skipper Jones, Capital Projects Manager, will be conveying the easement documents. Sincerely, Ronald E. Cox City Manager REC/tsy Cc Mayor Kim Brizendine Mike Hodge, Director of Community Development/Public Works Skipper Jones, Capital Projects Manager .yyN i'i tAni3.waJ.i;i;i:,,,,„,.., , 019 ongaendstood ii H '''� ,��� N CAPITAL IMPROVEMENT PROJECTS I 910 South Friendswood Drive ' 1 FRIENDSWOOD, TEXAS 77546-4856 l; TEXA ~' 281-996-3203 October 19,2004 Mr. John Spangle,Drainage Task Force Friendswood united Methodist Church 204 W. Edgewood Ave. Friendswood, TX 77546 Dear Mr. Spangle, Attached,please find a full and final original of the easement deed document for the drainage easement. The document consists of the Deed,and two Exhibits; A,the Metes and bounds Description, and B,the map. Once all of your internal procedures/ requirements have been satisfied,please execute the Deed and notarize it. Then return one complete original to the City for recording. The City's procedure for this is to forward the easement to the Council for approval and acceptance and then record the document. Once the deed has been recorded with the county a copy will be returned to you for your records. If you would prefer, I would be happy to pick this document up rather than transmitting it by mail once it has been executed. Feel free to call me at the office(281 996-3203)and I will pick it up. Sincerely, "ihrinit' w,ls( Skipper Jones Capital Projects Coordinator City of Friendswood Attachments: deed, metes&bounds, map cc: file Linda Thornton From: Skipper Jones Sent: Monday, November 01, 2004 1:57 PM To: Linda Thornton Subject: RE: DRAINAGE EASEMENT- UNITED METHODIST CHURCH I don't normally get the original. Usually I get a copy, along with the property owner and Kelly Watkins, after the easement is recorded. Original Message From: Linda Thornton Sent: Monday, November 01,2004 1:29 PM To: Skipper Jones Cc: Debris McKenzie Subject: DRAINAGE EASEMENT-UNITED METHODIST CHURCH SKIPPER, WE HAVE THE ORIGINAL NOTARIZED DOCUMENT- DO YOU NEED THESE? LINDA 1 Deloris McKenzie From: Skipper Jones Sent: Tuesday, November 16, 2004 9:31 AM To: Deloris McKenzie Subject: RE: Church Ditch Easement Thanks. If it makes you feel any better I will come by and pick it up because I have a transmittal letter that authorizes them to begin work on the ditch. Original Message From: Debris McKenzie Sent: Tuesday, November 16,2004 8:07 AM To: Skipper Jones Cc: Mike Hodge Subject: RE: Church Ditch Easement Thanks for the explanation. I agree with you, it is hard to let go and trust another entity to follow through and get a copy to us. But we will do so and think positive that this will be handled correctly. Thanks, Deloris Original Message From: Skipper Jones Sent: Tuesday, November 16, 2004 8:05 AM To: Deloris McKenzie Cc: Mike Hodge Subject: RE: Church Ditch Easement I agree that this is the standard procedure and that is the way we have always done these things but, this is not a standard case. In this instance the easement was acquired by the City for and on behalf of the Drainage District. The easement is actually dedicated to the DD not the City. Even though the easement is dedicated to the Drainage District we thought it was a good idea to have the Council accept it too because the City had played a central role in acquisition and it is a component of the drainage project in Annalea. It is complicated but we are just trying to cover all of the bases. It is important that we get the document over to the DD as soon as possible so that they can get it on their agenda for acceptance. Since it will be their easement I think that it is appropriate that they record it. I don't like letting something we worked so hard to get out of our sight but this is their easement now and they need to handle things from here on out. Original Message From: Deloris McKenzie Sent: Monday, November 15, 2004 2:56 PM To: Skipper Jones Cc: Mike Hodge; Kelly Watkins;Toni Yeager; Linda Thornton Subject: RE: Church Ditch Easement Skipper, The City is usually the entity that records any document that Council approves. I would prefer that we get the GCCDD signature, than the Mayor signs and then we send for recording. We then send a copy to the entity, staff and CSO. I would prefer that we continue to handle in this manner, unless this will create a problem for you. Thanks, Deloris Original Message From: Skipper Jones Sent: Friday, November 12, 2004 3:02 PM To: Deloris McKenzie 1 Cc: Mike Hodge; Kelly Watkins;Toni Yeager Subject: Church Ditch Easement Deloris, Once Council has approved and accepted the FUMC Easement I need to forward that to the Drainage District before recording. I am writing a cover/transmittal letter that authorizes them to begin work on the ditch as soon as they accept the easement too. My deal with the District is that they will have the easement recorded and send me a copy of the recorded deed which I will then forward on to the CSO and to Kelly Watkins for her records. Skipper Jones Capital Projects Coordinator City of Friendswood 281-996-3203 2 Linda Thornton From: Linda Thornton Sent: Wednesday, November 17, 2004 11:33 AM To: Skipper Jones Cc: Deloris McKenzie Subject: FRWD UNITED METHODIST CHURCH EASEMENT HI SKIPPER, THE ABOVE EASEMENT HAS BEEN EXECUTED BY THE MAYOR & IS READY FOR YOU TO PICK UP & DELIVER TO GCCDD. LINDA ORIGINAL EASEMENT RECEIVED BY: x , — DATE: x <t f 1n(04 1, 2/0i-1/7 (ft.e. - Oleatezel.j "