Loading...
HomeMy WebLinkAboutNo Address - Public Utility Easement - Boca Raton HOA, Inc (2) IIIIIIVIIIIIIIIIIiliillililllllillllllllllllllllllllllllll 2@08006387 7 PCS PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Boca Raton Homeowners Association, 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 public utility facilities in,under, over, along, upon,and across that certain 0.0271 Acre tract of land,more or less ("Easement"), same being more particularly described in Exhibits "A" and`B"attached hereto and for all things made a part hereof. There is further conveyed a fifteen foot (15') wide temporary construction easement, adjacent and parallel to the southern boundary of the above described permanent easement, for use by Grantee incidental to the construction of the facilities within the permanent easement adjacent thereto and granted hereby, which temporary construction easement shall expire (a) one hundred twenty [120] days from the date construction commences on such permanent easement, or(b)upon completion of the construction and installation of the facilities within such permanent easement, or (c)December 31,2009,whichever first occurs. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain public utility 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. 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 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 IN WITNESS WHEREOF, this instrument is executed this 3'20 day of ©c fD6e2 2007. GRANTOR: 2 Boca Raton Homeowners Association By: �� (Name) ri'leasjy exrr (Title) By: 4oYAue (Name) 3PdAe-t &&Y (Title) GRANTEE: City of Friendswood,Texas By: Davi .H. Smith Mayor ATTEST: A. By. De oris McKenzie,TRMC * # City Secretary a A � oF �� ADDRESS OF GRANTEE: City of Friendswood,Texas 910 S. Friendswood Drive Friendswood,Texas 77546 3 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared 1?tlrk Rober+s CdWard bond2iIC of Boca Raton Homeowners Association,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,in the capacity therein stated,and as the act and deed of said Association. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ,3rd day of OC-6 be r 2007. N ary Pub is t and or the State of Texas . :�•, JENNIFER L. DRAKE Notary Public,state of TOMMy Commission Expires My Commission Expires: June 16,2011 THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared David J.H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said City and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this r6!� day of 2007. Notary Public In and For the State of Texas MELINDA K.WELSH ' NOTARY PUBLIC �O Igo()STATE OF TEXAS My Commission Expires: �'( I o My Commission Expires 02.20.2009 4 EXIMIT"A" EASEMENT-C METES AND BOUNDS DESCRIPTION 1,181 SQUARE FEET OUT OF FINAL PLAT BOCA RATON, SECTION ONE FRIENDSWOOD, GALVESTON COUNTY,TEXAS All that certain 1,181 square feet out of Final Plat Boca Raton, Section One according to the plat thereof as filed in Plat Record 18,Map Number 352 Galveston County Map Records and being out of that certain tract described in a deed dated 04-15-2004 from Boca Raton Ventures, L.P.to Boca Paton Homeowners Association, Inc. as filed in Official Records of Real Property of Galveston County at Clerk's File Number 2004-029416, Film Code Number 020-33-0708 and being more particularly described by metes and bounds as follows(bearings based on Texas Coordinate Sysiem of 1983, South Central Zone); Beginning at a found 5/8"iron rod marking the southeast corner of Lot 26,Block 1,Final Plat of Carmel Village Subdivision, Section One according to the plat thereof as filed in Plat Record 18,Map Number 94 Galveston County Map Records; - 1. Thence S 14' 52' 40"W—10.52'to a point for comer; 2. Thence S 86'49' 09"W—114.87'to a point for comer; 3. Thence S 86'42' 16"W—3.25'to a point for comer; 4. Thence N 140 46' 36"E—10.52'to a point for comer; 5. Thence N 86' 49' 09" E—118.14' to the POINT OF BEGINNING and containing 1,181 square feet (0.0271 acre) 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: 11-841 1,181 sq ft Exh A Esmt C.doc 09-19-2005 11-811 y,181 sq ft Exh A Esmt Gdoc U 2 L LLJ oom zo off _" Z >qm Ue W O Z U z n - o iW o mv1wg E m U 0 30 �- oo w� "sue w aw- ¢ ~' t li W J L '(7 ZO - IUNw uz Ei, 2/7 W z y. zy �i �m z aaNG .W W �, ?+ I- Ld QZ Z > _ magym" m�z In-'a Sww� o /n P+' o � a �w Q V] H U' o'$ z�`m" °Grew 3z noon WO Itl V1 = U Odd zw ti o � o 3 w o wgz s �� Ww az ma LEM I r IN 4, \ mT z6 Py a„ i a I Q ti flip FN I W ,W xka-ly.'ae-sVI ••,.,"�e"^m'aRv o Z_O sugol�l 'Wn� ''�'rody o uc''3 �xll pY �Rv < N 'G (OUZ Alb� N. zss. t �<,t � d �lY7d 9Mryy� � �I I y I m J 2 u, q h 2 I I w a z W y1 a o oo�- u e o $ 6 i � a � = SIR FILED AND RECORDED dy.uurrrry y tE OF OFFICIAL PUBLIC RECORDS 2@08006387 r'ry..rn.r�'l Februm-y 05, 2008 12:03:24 FEE: $36.00 Mary Ann Daigle, County Clerk Galveston County, TEXAS City of Friendswood AGENDA ITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE: 10/15/07 DEPARTMENT OF ORIGIN: Community Development DATE SUBMITTED: 10/09/07 PREPARED BY:Rene'Ibarra SUBJECT: South Friendswood Force Main Diversion Project,Authorize the acceptance of a Public Utility Easement from Boca Raton Homeowners Association and a Public Utility Easement from Mr. and Mrs.Russell Hildebrandt PROCEEDING: Consent Agenda DEPT. CLEARANCES:Les McMahen DIVISION CLEARANCE: Les McMahen APPROVED BY CITY MANAGER: EXPENDITURE REQUIRED:N/A AMOUNT BUDGETED:$431,000.00 APPROPRIATION REQUIRED: N/A SOURCE OF FUNDS: Sewer Bond Fund FINANCE APPROVAL: N/A STAFF SUMMARY City staff has been working to acquire five (5) instruments for the South Friendswood Force Main Diversion Capital Project. All instruments have been prepared by City staff with the assistance of the City Attorney. City Council previously accepted two (2) instruments, and City staff has recently acquired an additional two (2) instruments at no cost to the City. City staff is addressing the final details on the last instrument remaining to be acquired, that being from Friendswood Community Church, and expect that the easement to be granted by them will be ready for action at the November 5, 2007 Council meeting. As part of this project, City staff is requesting City Council to accept the two (2) recently acquired instruments, those being the Public Utility Easement from Boca Raton Homeowners Association and the Public Utility Easement from Mr. and Mrs. Russell Hildebrandt. EXHIBITS: Copy of Public Utility Easement from Boca Raton with Metes & Bounds, Copy of Public Utility Easement from Mr. and Mrs. Russell Hildebrandt with Metes Bounds, and a Project Locator Map STAFF RECOMMENDATIONS City staff recommends that City Council accept the public utility easement from the Boca Raton Homeowners Association and the public utility easement from Mr. and Mrs. Russell Hildebrandt, and authorize the Mayor to execute the easements on behalf of the City. CONSENT AGENDA October 15, 2007 A. Approve renewal of contract with Friendswood Historical Society for the maintenance and preservation of historical sites in the City. The City of Friendswood has an annual contract with the Friendswood Historical Society. This contract is to provide assistance in the maintenance and preservation of historical sites within the City. The contract for $10,000 is the same as the previous years, and is budgeted appropriately. Last year the Council unanimously approved an increase in the amount of the contract to $15,000 and appropriated the difference ($5,000) from the General Fund Balance. If Council wishes to take similar action this year, a budget amendment would have to be approved as well as a decision about from which budget to appropriate funds. This can be addressed in the supplemental budget amendment later in the year. Recommendation. Authorize the Mayor to execute a contract with the Friendswood Historical Society for maintenance and preservation of historical sites in the City in the amount of$10,000. Attachments 1. Memo from Director of Community Services James Toney dated 10-9-07 2. Historical Society Contract 3. Minutes 10-2-06 Council Meeting B. Approve a Mutual Aid Agreement with CCISD for emergency management services. This agreement with the Clear Creek Independent School District provides for mutual aid to share resources during emergencies. The City currently has a similar agreement with the Friendswood school district. This agreement also helps to ensure the City is eligible for FEMA reimbursement for costs incurred during a declared emergency. Historically the City has utilized school district facilities for shelters, fuel from the transportation departments for City vehicles and used the school buses for evacuations. Attachments 1. Memo from Fire Marshal Terry Byrd dated 10-6-07 2. Mutual Aid Agreement Agenda2007/10.3/7SY02 C. Approve City of Friendswood's pro rats share of Clear Creek Watershed Steering Committee annual budget in the amount of$2,545. Council has received the invoice for the City's share of expenses for the Clear Creek Watershed Steering Committee (CCWSC) for this fiscal year. Attached is a spreadsheet showing the entities and their prorated amount of participation. Attachment 1. Letter dated 9-24-07 from CCWSC D. Accept public utility easements for the South Friendswood Force Main Diversion rp oject. Two more utility easements are ready for acceptance for this project out of a total of five that are needed to begin construction. Council had accepted two easements on a previous agenda. These two were acquired at no cost to the City and have been reviewed by the City Attorney. Recommendation. Accept two utility easements at no cost to the City for the South Friendswood Force Main Diversion project. Attachments 1. Memo from Rene Ibarra dated 10-9-07 2. Utility Easement 1 3. Utility Easement 2 4. Project Map E. Approve Banner Permit application for First Baptist Church. A new banner permit application has been submitted that was not previously approved, therefore, Staff has placed it on this agenda for Council's consideration and approval. The First Baptist Church is planning a Christmas Musical in December. They wish to advertise the event the week of December 10-17, 2007 with a banner stating "Christmas Musical". Recommendation. The banner application meets all requirements and specifications. Staff has reviewed the necessary paperwork and recommends approval. Attachments 1. Memo from Rene Wilkirson dated 10-4-07 2. Banner permit application Agenda2007/103/TSY02 F. Accent Property Tax Report. The Tax Assessor/Collector has submitted the Property Tax Report for the month of September 2007. It is included here for your review. G. Approve Minutes of the September 17 and 19,2007 Meetings. 1. September 17,2007 Council Minutes 2. September 19,2007 Council Minutes Agenda2007110.31TSY02