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HomeMy WebLinkAboutPublic Utility Easement - City of Friendswood - 1605 WHITAKER DR COPY PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That the City of Friendswood, Texas a municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 77546 (GRANTOR), being owners of the herein described property located in Friendswood, Texas, has GIVEN, GRANTED, DONATED, and CONVEYED, and by these presents does herby GIVE, GRANT,DONATE and CONVEY unto the Public a perpetual Public Utility Easement, described by metes and bounds and map attached hereto as Exhibits "A" and "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 electrical, telephone and other public utilities, 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 I of 3 AW 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 use of the public utilities contained therein 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. 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 Utilities, 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. Executed this 6`h day of February ,2006. GRANTOR For the City of Friendswood Kimball W. Brizendine Mayor Page 2 of 3 f R1Ep0 AT ST: �o spy D loris McKenzie, TR94C City Secretary THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared 14aw bait 66 Z U%&( 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 I3 DAY OF �h2�jY� ��f ilk A.D.,2006. NOTARY PUBLIC, STATE OF TEXAS a M=TE�XAS Printed Name: m-P- i r\cCek- K•�UeQsh My Commission Expires: yz o/aooq , orfi. My Co2000 it Page 3 of 3 ` r1131 SENDER: COMPLETE THIS SECTION ii COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. gna ure Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ved (Print ..■ Attach this card to the back of the mallpiece, Name) Date of Delivery or on the front if space permits. 1. Article Addressed to: D. I delivery a dress differenti Item 19 ❑Yes If YES,enter delivery address below: ❑No ma.ru) At,t, b"e G k c-z yr ec)v-vA- Cfer1L L—r—:C —ct—L'OL U-� FNrmex 3. Service Type YvL ,kj\ NrCertilled Mall 0 Express Mall I � _f� O ❑Registered ❑Return Receipt for Mercharailse (�a IL(� I 1 ❑Insured Mall ❑C.O.D. 1 Z57 3 4._Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number( 7003 1010 0001 9098 3718 bens/er/rom service lebeq Ps Form 3811,August 2001 Domestic Return Receipt 102595-02-M4540 PI328L PAGE: 1 F P O E N T R Y / R E C E I V I N G R E P O R T ---- ------- ---------------------- ----------------------------- FPO NUMBER F61650 DATE RECEIVED: 7/20/06 REMARKS ADDITIONAL FILING FEE-PUBLIC UTILITY EASEMENT-COF RECEIVED BY: MKW02 ENTERED: 7/20/06 19 : 02 BY: MKW02 VENDOR: 0000713 - GALVESTON COUNTY CLERK INVOICE NUMBER: 060330A INVOICE DATE: 7/20/06 INVOICE POSTED: 7/20/06 19 : 02 BY: MKW02 PAYMENT DUE: 7/26/06 AMOUNT: $ 10 . 00 ACCOUNT# PROJ# AMOUNT ITEM DESCRIPTION -------------- ------ -------------- ---------------- 00102014117400 $ 10 . 00 ADDITIONAL FILE FEE-PUBLIC UTILITY c 4-0 a w- cAo�4 r Q a on ® 'Lz `(-0 PI328L PAGE: 1 F P O E N T R Y / R E C E I V I N G R E P O R T --------------------------------------------------------------------------- - - --- FPO NUMBER F61007 DATE RECEIVED: 3/30/06 REMARKS FILING FEE-PUBLIC UTILITY EASEMENT-COF FRIENDSWOOD RECEIVED BY: MKW02 ENTERED: 3/30/06 18 : 08 BY: MKW02 VENDOR: 0000713 - GALVESTON COUNTY CLERK INVOICE NUMBER: 060330 INVOICE DATE: 3/30/06 INVOICE POSTED: 3/30/06 18 : 08 BY: MKW02 PAYMENT DUE: 4/05/06 AMOUNT: $ 22 . 00 ACCOUNT# PROJ# AMOUNT ITEM DESCRIPTION -------------- ------ -------------- ---------------- 00102014117400 $ 22. 00 CITY OF FRIENDSWOOD-PUBLIC UTILITY c ,-,o ct�+i 3 9 e� _ Mayor DAVID J.H.SMITH City of Friendswood Co°�;;E;,�G 910 South Friendswood Drive IOlIM HILL 14 Friendswood, Texas 77546-4856 JAY HORECKY W.CHRIS PEDEN _ (281) 996-3270 MEL MEASELES EXgs Fax: (281) 482-1634 Acting City Manager ROGER ROECKER City Secretary DELORIS McKENZIE,T.R.M.C. July 14,2006 Cert/RRR#7003 1010 0001 9098 3718 Mary Ann Daigle Galveston County Clerk GALVESTON COUNTY COURTHOUSE LEAGUE CITY ANNEX Attn: Pam Young 174 Calder Road, Suite 149 League City,Texas 77573 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms.Young: Enclosed is the following document for recording from the City of Friendswood: UTILITY EASEMENT: City of Friendswood 1,383 Sq. ft. out of Lot 2,Block 1,Laurence Cline Subdivision Galveston County, Texas Please record this document and return original recorded Utility Easement to: City of Friendswood Attn: Deloris McKenzie,City Secretary 910 S.Friendswood Drive, Friendswood,Texas 77546-4856 Also, enclosed is check in the amount of $22.00 for the above document. Please do not hesitate to call if you have any questions. Sincerely, Melinda K. Welsh Deputy City Secretary Attachments: -5- Melinda Welsh From: Skipper Jones Sent: Thursday, February 02, 2006 10:20 AM To: Melinda Welsh Subject: Executed Easement Doc I assume that you will send the easement out to be filled once it has been approved and executed. Would you mind sending a copy of the executed document to Tex N-Mexico power. They need that to get their power lines started out at the PSB. If that is not possible just make me a copy and I will get it over to them. Skipper Jones Capital Projects Coordinator City of Friendswood 281-996-3203 This e-mail and any files transmitted with it are confidential and are intended solely for the addressee. If you have received this e-mail by mistake or are otherwise not the intended recipient you should not disseminate,distribute,copy or alter this e-mail or its allacliments. t CONSENT AGENDA February 6, 2006 A. Authorize the acceptance of streets, drainage and utilities for Friendswood Oaks Subdivision for the contractor's one-year maintenance period. Friendswood Oaks Subdivision is located on Bay Area Boulevard, near the Friendswood/League City city limits. It is ready for acceptance of the infrastructure for the one-year maintenance period. Recommendation. Approve acceptance of the streets, drainage and utilities infrastructure for Friendswood Oaks Subdivision for the one-year maintenance period. Attachment 1. Memo from Dan Johnson dated 1-23-06 B. Authorize the acceptance of streets, drainage and utilities for Oak Creek Forest Subdivision for the contractor's one-year maintenance period. Oak Creek Forest is a two-lot subdivision located in Longwood Park between Crawford and Thomas streets. It is ready for acceptance of the infrastructure for the one-year maintenance period. Recommendation. Approve acceptance of the streets, drainage and utilities infrastructure for Oak Creek Forest Subdivision for the one-year maintenance period. Attachment 1. Memo from Dan Johnson dated 1-23-06 C. Approve and authorize the Mayor to sign documents for the dedication of a Public Utility Easement within the Public Safety Building Site to Texas-New Mexico Power Company. Texas-New Mexico Power Company (TNMP) needs to run a power line from the FM 528 highway frontage to an area adjacent to the location of the new public safety building. This power line will serve all points on the property. This easement will provide that needed access. Recommendation. Authorize the Mayor to execute an easement to Texas-New Mexico Power Company for an electrical utility easement for the public safety building. Attachments 1. Memo from Skip Jones dated 1-18-06 2. Easement Dedication Instrument 3. Exhibit A -metes and bounds 4. Exhibit B -may D. Approve and authorize the Mayor to execute a lease/purchase agreement for replacement of computer hardware and software. Following two workshops the City Council adopted a Management Information Systems (MIS) Plan by resolution in 1994. The Plan included a project to install a city-wide network and to upgrade the computers and software on a consistent, periodic basis. An update to the long-range MIS Plan was completed in 2000. Since the completion of the implementation of the MIS Plan in 1999, and each time thereafter, the technology refresh has been funded through a three-year lease/purchase, with the intent that at the end of the three-year period, hardware and software would be updated. The city spent $353,000 in the first program. The second update, in 2002, cost approximately $288,000 for hardware, software and implementation services. This third update is budgeted at $295,696 for hardware, software and implementation services. As in years past, the update includes new PCs, printers, servers, and software upgrades. The hardware will be paid for by a lease/purchase arrangement with Wells Fargo Brokerage Services for a three-year period. Funds are budgeted for this year's lease payment in the amount of$103,633.09. Recommendation. Authorize the Mayor to execute a lease/purchase agreement for three years for replacement computer hardware and software, as recommended by staff. Attachments 1. Memo dated 1-26-06 from Roger Roecker 2. Lease-Purchase Agreement 3. Report from Cal-Data E. Approve and authorize the Mayor to execute an interlocal agreement for a Joint grant application to the Texas Water Development Board to fund the Cowards Creek Watershed Study. Last year, the Council authorized the submission of a grant application and the execution of an Interlocal agreement for this same project. That project was not funded. The same group has once again applied,and we are hoping for an approval,this year. This project is a joint study of the Cowards Creek Watershed. The watershed extends well beyond the city limits of Friendswood; yet, all the water drains through our city - mostly through Clover Acres. Without this study, the entities upstream of the city will not know how to manage the drainage patterns that exist, and will not know where improvements will be the most optimum. City of Friendswood AGENDA ITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE:2/6/06 DEPARTMENT OF ORIGIN:CDPW DATE SUBMITTED: 1/18/06 PREPARED BY:S Jones SUBJECT:Granting Public Utility Easement within PSB Site PROCEEDING:CONSENT DEPT.CLEARANCES: DSJ DIVISION CLEARANCE: S Jones APPROVED BY CITY MANAGER: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED:$0 APPROPRIATION REQUIRED:$0 SOURCE OF FUNDS: STAFF SUMMARY Staff has resolved the final piece of the Public Safety Building(PSB)Site Plan,consisting of the last leg of the Electrical Utility Easement into the site from the existing easement established in the plat. This final leg consists of 1,383 feet approximately ten feet wide and runs from the existing utility easement along the southwest side to the transformer pad located just south of the backside of the building. This easement is being established now because its location was dependent on the final site plan and a final resolution of the Add Alternates included in the contract awarded to the general contractor. The easement provides for a dedicated exclusive route for the primary power to the building from Texas New Mexico's overhead primary lines that will run along the southwest side of the site. All electrical power providers require a dedicated exclusive easement for the installation of primary power to structures, whether overhead or underground. In this instance, the City is dedicating the easement to Texas New Mexico for that specific purpose. The location and route of this easement is described in the metes and bounds description,Exhibit A,and the attached map,Exhibit B. EXHIBITS: Exhibit A,Metes and Bounds Description Exhibit B,map Dedication Instrument STAFF RECOMMENDATIONS Staff recommends that this dedication be approved and the Mayor be authorized to execute the dedication instrument on behalf of the City.