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HomeMy WebLinkAboutWater Line Easement - TMT Development, Ltd - 0 BAY AREA BLVD (2) '?U3/200 1746 6. 03/23/2t107 F:Fl $36.nii WATER LINE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT TMT Development, Ltd., hereinafter referred to as 'Grantors," for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid by the City of Friendswood, a home rules municipal corporation located in Galveston and Harris Counties, Texas, hereinafter referred P as "Grantee," the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Granjee, its successors,assigns, and (4 legal representatives, a perpetual easement for the purpose of constructing, reconstructing, altering, and maintaining an underground water line system in, under, over, along, upon, and across that certain 10,007 square feet of land, more or less, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof. U) TO HAVE AND TO HOLD, subject to the limitations set forth below,the above-described Ieasement, together with all and singular the rights and appurtenances thereto in anywise belonging, including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors, assigns, and legal representatives forever. And Grantors do hereby bind themselves, their heirs, �t executors, and administrators, to warrant and forever defend, all and singular,the said easement and rights wrto the said Grantee, its successors and assigns, against every person•:Jhamse ever'_awftaly claiming or to claim the same or any part thereof,by,through, or under Grantors,but not otherwise. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain water line improvements on said easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. This conveyance shall be subject to any and all matters of record which affect title to the property referred to herein. IN WITNESS WHEREOF, this instrument is executed this day of FEr3 / 12007. GRANTORS: Gordon filler TMT U6velopment,Ltd. GRANTEE: t� City of Friendswood,Texas By: id J.H. ith Mayor ATTEST: too�N 4� By: 1), o eloris McKenzi'e,lr iC City Secretary OF �� ADDRESS OF GRANTEE: City of Friendswood, Texas 9 910 S. Friendswood Drive Friendswood,Texas 77546 2 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Gordon D. Miller,known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that they executed the same for the purposes therein stated. GIVEN under my hand and seal of office, this ( S�day of P bYka Yy 2007. Notary Public,State of Texas N tary Public In and For the State of Texas �a� Commission Expires 02-W-2008 My Commission Expires: D� THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared David J.H. I 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, this 6� day of M o-r'ck\ 2007. =SPY44MELINDA K.WELSHARY PUBLIC TE OF TEXAS Notary Public In and For the State of Texas ion Expires 02.20.2000 My Commission Expires: U a 120/200 9 FILED FOR RECORD 8:00 AM MAR 2 3 2007 County Clerk, Hams County, Texas 3 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 20' WATER LINE EASEMENT 10,007 SQUARE FEET OUT OF JOHN DICKINSON SURVEY,ABSTRACT 15 FRIENDSWOOD,HARRIS COUNTY,TEXAS All that certain 10,007 square feet out of John Dickinson Survey Abstract 15, Friendswood, Harris County,Texas and being out of that certain tract described in a deed dated 04-15-05 from Friendswood Estates, Ltd. to TMT Development, Ltd. as filed in the Official Records of Real Property of Harris County at Clerk's File Number Y-412774 and Film Code Number 004-48- 0446 and being more particularly described by metes and bounds as follows (bearings based on metes and bounds as recorded in said Friendswood Estate tract); Commencing at a point marking the most southerly east corner of said Friendswood Estates tract and said point being on the westerly right-of-way line of Bay Area Boulevard (right-of-way varies); Thence the following 4 courses with the westerly right-of-way line of said Bay Area Boulevard; Thence N 181 49' 54" W — 76.02' to a found 5/8" iron rod with cap (stamped COASTAL BEND RPLS 3822) for angle point; Thence N 151 58' 09" W — 100.13' to a point for corner; Thence N 18° 49' 54" W— 100.00' to a point for comer; Thence N 15° 58' 09" W— 103.17' to the POINT OF BEGINNING of herein described tract; r� 1. Thence S 47° 55' 23" W — 489.83' with the northwesterly line of 15' wide Exxon Pipeline Company Permanent Maintenance and Construction Easement as filed in the Official Records of Real Property of Harris County at Clerk's File Number T-718360 and Film Code Number 525-58-1174 to a point on the easterly bank of Clear Creek; 2. Thence N 71148' 59" W—23.03' with the easterly bank of Clear Creek to a point for corner; 3. Thence N 470 55' 23"E—511.06' to a point for corner; 4. Thence S 151 58' 09" E- 22.27' with the westerly right-of-way line of said Bay Area Boulevard to the POINT OF BEGINNING and containing 10,007 square feet of land more or less. 20' Water Line Easement will be within the plat of Terra Bella. 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 Job NumberL 11�843 Water Line Easement m&b.doc mpany RECORDER'S MEMORANDUM: At the time on recordation,this instrument was, found bequate for"'bestphotograph(o 02/12/2007 photo co of use of illegibility,carbon or addition instrui angas werre Presentlabthektlrtig Instrument was filed and re Corded, 11-843 Water Line Easement m&b.doc Q lIkk Ld \ I I 3ro w O < Nj \ ZON ) LLJ V = co O /� ; pWJ VI O Q Z � lal w > � W l�l 9J I H oUz Z 0 � c I m ; J �NQ wm n NB i z I c� a p a00 o If I I N � ZW a� _ x r I I I I I am £) 00 o ' a I I 2 UWW' WZW I I r pN N 1 Q W ]pw� z �w QQ WmN r.-gg3 I I I eM., zw n n Z w H g,4,l,1l� Q N�� WQw^m3 0 040n pI' IlIWand�z.� .Il Oz"oWj N I3w � c R.nuNi NE�SDOW�N,N�n 00 �0 ZDW a 0JwF� 1Om o V�Z0 �(j � Q iw L 0� No w � t awMW s N I CL 00 vi 0 rwo N hl 00 1 0 m �N bAP I I Oo 41 3 N o�oN~0a 3mo MI I p 0 N w (n V'I Z Fr- Jc pm p C) w & I� I ¢ I�d°I'1� JvQv~Oii I IIaZa .IZzgs W wU wNg ww 0 o o zW i z 0 opZw� z v dO 3mNmNwN D z4wO� � a3 wN MW � � N NLLJ mow' ZZZ Z N 00Np z�Kx Wrpz<wr E z o N C I I I I I aN "z g GU w} Q I I I I z N 7 O 7 M wo xd nz o O ON ¢ I w Q V) IO 0 0 M M N 4 3 0 0 V t Q g w m I I N r 0 0 0 N N rc w r z ,kw NE N� _� o no jr D r3 mN Ow ZZ wW 4 U aNN p� I I Z N M � m m Ow Zx _.O W 3LL 4m I I I J J JJJJ x wr ww O J N4 00 NU'y a tNii 6 r N a d U �w =Z w spa N b WWn I I I �� m� NJ> Qj Z nOQ Wr �m g �5 � CLEAR CR a _� ai U N M Y N Z 0 om ♦O GgOt9mO<`ve J�•3 �m O A, QtIP ; G The portion of waterline that has c� Y` 1 m been installed within the existing City public right of way. o I Development Site 1Dv� Quo / The portion of waterline m z% I to be installed within the proposed 20 ft.wide waterline easement.The easement is to be conveyed to the City by TMT Development NAt The portion of waterline to be installed N within the existing 20 ft.wide waterline easement.The easement has been / conveyed to the City by Friendswood J i i Development. I Friendswood Development Site 77� 12 \\\ 10 i ° t �d a� O �m A� Legend Pais ®sclrodz OParcels C:Im0City Ul I�I Cwntiez Disd&mer The City of Frlerdl makes no rapresenlatlon"warranty as to the a curacy of this map andils mAinuation nor to its Mness for use.AM userol this map product accepts the same AS IS, AITHALL FAULTS,and assumes all responsibility for the use lhereo/,and fudheragrees to rc1 hdd0e Cityof Fnerdiul liable Imm any damage,loss,or llabdity ansirg horn any use of the map product. bMapaMenl venhcatim cf allaformal conlalnedon this nap slauld be obtained byth,arousal, City uU Friendswood d e 9Fdendsy d,Texas Friendswood GIS Mapping (281)996-3200 w .d.f iendswood.tr.us 1 "equals 600 ' I ' i i /r THE STATE OF TOM {g¢ TMor ^ ••amnwAw�sa•reo,wmd�� Y w�Kw Ah IL6 m-k wow Nk walk Awl h>Nry A Kit MAR 2 3 2007 I NTY HARRISCOIk N,TEW hlF 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 P70894 DATE RECEIVED: 3/21/07 REMARKS RECORD WATER LINE EASEMENT IN HARRIS CO. RECEIVED BY: SLP02 ENTERED: 3/21/07 9 : 25 BY: SLP02 VENDOR: 0000526 - HARRIS COUNTY CLERK INVOICE NUMBER: 070321 INVOICE DATE: 3/21/07 INVOICE POSTED: 3/21/07 9 : 25 BY: SLP02 PAYMENT DUE: 3/21/07 AMOUNT: $ 36 . 00 ACCOUNT# PROD# AMOUNT ITEM DESCRIPTION -------------- --- - -- -------------- ---------------- 00102014117400 $ 36 . 00 RECORD WATER LINE EASEMENT SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse X 1)11011 Motley ❑Addressee so that we can return the card to you. B. Received by(Pdnted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. is delNery address different from hem 17 ❑Yes If YES,enter delivery address below: ❑No Ms. Beverly Kaufman County Clerk of Harris County PRii, HARRIS COUNTY COURTHOUSE P.O. BOX 1525 Houston, TX 77251-1525 3. Service Type Certified Mall ❑�,r Express Mail W Registered Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. (Twi s rfromNumb 7003 1010 0001 9098 4005 (fiansler/mm servin_ PS Form 3811.August 2001 Domestic Return Receipt 102696-02-M-1640 I Mayor DAVID J.H.S94ITH City of Friendswood LAnURAEWINO JOHN LeCOUR 910 South Friendswood Drive JIM HILL Friendswood,Texas 77546-4856 JAY HORECKY W.CHRIS PEDEN (281) 996-3270 MEL MEASELES XA Fax: (281)482-1634 City Manager Robert"Bo"McDaniel Match 22 2007 City Secretary > DELORIS McKENZIE,T.R.M.C. CerVRRR#7003-1010-0001-9098-4005 Ms.Beverly Kaufman County Clerk of Harris County HARRIS COUNTY COURTHOUSE P.O.Box 1525 Houston,TX 77251-1525 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms.Kaufman: Enclosed is the following document for recording from the City of Friendswood: WATER LINE EASEMENT: City of Friendswood 20' Water Line Easement, 10,007 Square Feet Out of John Dickinson Survey, Abstract 15, Friendswood,Harris County, Texas Please record this document and return original recorded Water Line Easement to: City of Friendswood Attn: Deloris McKenzie,City Secretary 910 S.Friendswood Drive, Friendswood,Texas 77546 I have enclosed check# for$36.00 for the above documents. Please do not hesitate to call if you have any questions. Sincerely, Sharon Parks,CPS Administrative Assistant City Secretary's Office 281-996-3270 Attachments: -6- BEVEF LY KAUFMAN COUNTY CLERK X °:t atiyt62 619,�p� VAR 2007 RECfJVED o C1IYDFFRIFA0 SWQQI rd1YSE1 BETS �vr Re: Cash Register Receipt(s) For your records,enclosed herein you will find Cash Register Receipt(s)for instruments filed in the Real Property Records of Harris County,Texas and will be shown as part of our database approximately 5 to 10 days after the date of filing. You may access our database at www.cclerk.hctx.net. The instrument(s)will be mailed under separate cover to the address indicated on the document(s). If we can be of further assistance to you,please do not hesitate to call us at any time. Sincerely, (Mrs.)Beverly B.Kaufman � • 4 Penny L.Bonfi Director,Real Property Enclosure(s) FORM NO.C-02-05(Rev.04/25/05) 201 CAROLINE,4TH FLOOR • P.O.BOX 1525 • HOUSTON,TX 77251-1525 713 /755-641 1 W W W.CCLERK.HCTX.NET CONSENT AGENDA March 5,2007 A. Authorize acceptance of 20 ft. utility easement from TMT Development for the Bav Area Boulevard 14" Waterline Project and authorize the Mayor to execute the document. City Council awarded the contract for the Bay Area Boulevard 14" Waterline Project to Haddock Construction and they are ready to begin construction. The projected route for the installation of this waterline is from a tie-in point on Bay Area Boulevard, down Bay Area Boulevard and then redirected along an existing Exxon Pipeline Easement(adjacent to the current Terra Bella Development Project). It continues under Clear Creek to a tie- in point at the rear of the existing West Ranch Development. An integral part of this project requires the acquisition of easements along the projected route. West Ranch Estates has been accepted by the City and the dedicated waterline easement on their final plat was filed and recorded approximately mid-December. The other easement (the one here in question) was expected to be attained through the filing of the final plat for the Terra Bella Development by TMT Development. The Terra Bella subdivision has not been completed or accepted by the City of Friendswood at present, therefore the final plat which includes the easement in question, has not been filed and recorded. Without their final plat being filed and recorded,the City is unable to attain the necessary waterline easement to continue the project for the 14-inch waterline installation. In an effort to streamline the easement acquisition process and to continue to move the Bay Area Boulevard 14-inch Waterline Project forward, Staff has worked with the City Attorney to file a separate easement instrument. Staff has met with TMT Development and they have executed their portion of the easement documents. TMT agreed that initiating this process at the present time was in the best benefit of all parties involved. Recommendation. Approve the acceptance of a 20 ft. wide utility easement from TMT Development for the construction of the Bay Area Boulevard 14" Waterline as recommended by Staff and the City Attorney. Attachments 1. Memo from Project Manager Rene Ibarra dated 2-26-07 2. Easement Conveyance Document 3. Metes and Bounds 4. Locator Map A. Approve Minutes of February 5, 2007 MeetinE. 1. February 5, 2007 Council Meeting Minutes Agenda2007103.21TSY02 City of Friendswood AGENDAITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE:3/05/07 DEPARTMENT OF ORIGIN: CDD DATE SUBMITTED: 2/26/07 PREPARED BY: R Ibarra SUBJECT:Bay Area Blvd. 14"Waterline Project—Authorize the Acceptance of a 20 ft.wide easement from TMT Development. PROCEEDING: Consent Agenda DEPT.CLEARANCES: DIVISION CLEARANCE: ZI APPROVED BY CITY MANAGER: EXPENDITURE REQUIRED: $0.00 AMOUNT BUDGETED: $324,000.00 APPROPRIATION REQUIRED: $0.00 SOURCE OF FUNDS: 2006 Water&Sewer Bonds STAFF SUMMARY The City of Friendswood has been working diligently to execute the Bay Area Blvd. 14-inch Waterline Capital Project. The City provided an award of contract to Haddock Construction and they are currently in the process of installing a portion of 14-inch waterline within and along the Bay Area Blvd. public right of way. As an integral part of this project, it was agreed by each of the developers (Friendswood Development & TMT Development) to convey a 20 ft. wide waterline easement along the continued projected route between Bay Area Blvd. and FM 518. Each portion of the easement was to be granted to the City by each developer per means of the final plat being filed and recorded with the county. The West Ranch Estates Development associated with Friendswood Development is complete and has been accepted by the City of Friendswood, therefore permitting their portion of the easement to be filed and recorded. In contrast, the Terra Bella Development associated with TMT Development has not been presented to City Council for acceptance which has not allowed their portion of the easement to be filed and recorded. It was anticipated that both easements would be recorded before the start of the waterline project, but due to inclement weather the progress has been delayed for TMT Development.In an effort to expedite the easement recording process and in addition, utilizing the advice of the city attorney, staff has prepared a separate instrument addressing the portion of the 20 ft. wide waterline easement to be conveyed by TMT Development to the City of Friendswood. Due to TMT Development's original intentions to grant the 20 ft. wide waterline easement to the City of Friendswood on the final plat, there will be no requirement for a monetary exchange. EXHIBITS: Waterline Easement Document Metes&Bounds STAFF RECOMMENDATIONS Staff has examined the waterline easement documentation and recommends that Council approve and authorize the Mayor to execute it on behalf of the City.