HomeMy WebLinkAboutResolution No. 2008-21RESOLUTION NO. R2008-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE,
AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, TWO (2)
AGREEMENTS WITH SOUTHWESTERN BELL TELEPHONE
COMPANY FOR TELECOMMUNICATIONS FACILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary are authorized and directed to execute
and attest, respectively, two (2) Agreements by and between the City and Southwestern Bell
Telephone Company for telecommunications facilities located at 109 E. Willowick. A copy of
such Agreements are attached hereto as Exhibit "A" and Exhibit `B" and each are made a part
hereof for all purposes.
PASSED, APPROVED AND RESOLVED on this 3rd day of March, 2008.
ATTEST:
k . cxl�' �/t
Melinda K. Welsh
Deputy City Secretary
David J. H. Smith
Mayor
F
OF
Exhibit A
(R2008-21)
SOUTHWESTERN BELL TELEPHONE COMPANY
AGREEMENT FOR TELECOMMUNICATIONS FACILITIES
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT THIS AGREEMENT (hereinafter referred to as the "Agreement"), entered
into by the undersigned, [hereinafter referred to as "GRANTOR" (whether one or more)],
and SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation,
7602 Spring Cypress, Suite 226, Spring, Texas 77379, (hereinafter referred to as
"GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby
acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND
CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors and assigns (hereinafter collectively referred to as "GRANTEE"), the permanent
right to use and occupy (hereinafter referred to as the "Rights") for the purposes hereinafter
set forth, upon, across, over, above, under a tracts of land described in Exhibit "A" and
shown on Exhibit "B" (the "Rights Area"), said exhibits being attached hereto and
incorporated herein by reference for all purposes. The Rights Area occupies part of
GRANTOR's property located in Galveston County, Texas, (hereinafter referred to as the
"Property") and described as follows:
Be a tract of land containing 0.002 acre (100 square feet) out of the Sarah
McKissick Survey, A-151, Galveston County, Texas. Said 0.002 acre tract
being out of Lot 19, Block 2 conveyed to the City of Friendswood by
Ordinance No.51, Section Two dated November 2, 1964 and by deed
recorded under Volume 1225, Page 467 of the Deed Records of
Galveston County, Texas.
It is distinctly understood that this Agreement does not constitute a conveyance of
the Property, nor of the minerals therein and thereunder, but grants only the Rights subject
to the following:
(a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands, or causes of action of whatever nature, asserted by
others which are caused by or arise in any manner out of acts or omissions of GRANTEE in
the use and occupancy of the Rights Area by GRANTEE, its employees, or any other
persons acting under its control.
(b) The Rights granted hereby is subject to all, if any, valid and subsisting oil, gas,
sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights -of -way,
restrictive covenants, mineral and royalty grants and reservations, or other instruments now
of record in the appropriate records of Galveston County, Texas which affect the Rights
Area.
(c) These Rights are granted for the specific purposes of permitting Grantee to
construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate,
replace and remove such above ground and underground electrical, telephone, telegraph,
signal and other communications facilities, cables, lines, circuits, and conduits, electronic
equipment cabinets/structures housing telecommunication facilities, and fiber optics
cabinets/structures housing telecommunication facilities, together with such above ground
and underground appurtenances thereto, as Grantee may from time to time require upon,
over, across, above, under and within the Rights Area; the right of ingress and egress to the
Rights Area using the surface of the Rights Area and all reasonable routes across the
Property; the right to drain or sheet flow storm water runoff from the Rights Area onto the
Property and/or into existing and future storm water collection and drainage facilities
located within the Property; the right to clear and keep cleared trees, brush and all other
obstructions from the surface and subsurface of the Rights Area; the right to install, maintain
and use gates in fences which cross the Rights Area; the right to fence the Rights Area; and
the right to pave the surface of the Rights Area.
FR 001-08 Tract 1 Page 1
(d) Subject to the rights granted to GRANTEE as set forth herein, including, but not
limited to the right to pave the surface of the Rights Area, after the construction of
GRANTEE'S telecommunications facilities and also after any later operation done or caused
to be done by GRANTEE which affects GRANTOR'S Property or any part thereof,
GRANTEE shall promptly restore the surface grade affected thereby to as nearly as
practicable the same condition it was prior to such operations. GRANTEE shall pay
GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and
vegetation growing within the Rights Area, caused by GRANTEE, its employees or persons
acting under its control, during such operations. GRANTOR hereby acknowledges receipt
of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs,
bushes and vegetation growing within the Rights Area herein described, caused by
GRANTEE, its employees, or any other persons acting under its control, during
GRANTEE'S use of Rights Area.
(e) GRANTOR warrants that it is the owner of the Property occupied by the Rights
Area granted herein and that it has the right to make this conveyance and receive payment
therefore. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly
enjoy the Rights Area for the uses herein stated. In addition, GRANTOR hereby warrants
and represents that it has no knowledge of the existence of past or present production,
storage, treatment or disposal of any toxic or hazardous waste or substance, or of
hazardous/toxic waste contamination conditions applicable to either the Rights Area or
GRANTOR' property described herein, including but not limited to "hazardous substances"
or "toxic substances" as defined by the Comprehensive Environment Resource
Compensation and Liability Act of 1980, as amended, and the Hazardous Material
Transportation Act, as amended.
(f) Provided however, notwithstanding anything to the contrary contained herein,
the Rights herein granted shall terminate, expire and be of no further force and effect upon
the expiration or termination of that certain GTE Mobilnet Lease (the "Lease") dated
December 17, 1991 between the City of Friendswood and GTE Mobilnet of South Texas
Limited Partnership. Such Lease has been assigned to Crown Castle, Inc. by assignment in
May, 2001. Provided however, notwithstanding the foregoing, GRANTEE shall have a
period of ninety (90) days following the expiration or termination of the GTE Mobilnet
Lease to remove any telecommunication facilities installed within the Rights Area and
which are located on or above the surface of the Rights Area. Notwithstanding anything to
the contrary contained herein GRANTEE shall not be required to remove any
telecommunication facilities which are below the ground level of the Rights Area and
GRANTEE shall be allowed to abandon all such below ground telecommunication facilities
in place at the location of such telecommunication facilities upon the expiration or
termination of said Lease.
GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND
CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors and assigns, the right to use a temporary construction area 20 feet wide for
GRANTEE'S use in constructing its electrical and telecommunications systems and lines as
set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of
land located North, East and West adjacent to the permanent Rights Area described in
Exhibit "A" attached hereto. The herein granted temporary construction area shall terminate
sixty (60) days after the commencement of the construction and installation of GRANTEE'S
telecommunications facilities into the Rights Area described herein. The Rights Area and
the temporary construction area are hereinafter collectively referred to as the "Rights
Areas".
FR 001-08 Tract 1 Page 2
TO HAVE AND TO HOLD the herein described Rights Areas, together with all and
singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and
assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to
warrant and forever defend all and singular the Rights Areas unto GRANTEE and its
successors and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
SIGNED AND EXECUTED this 3rd day of March, 2008.
By:
ATTEST: OF R . J.H.
rp
. 'h 'L�U�"�
v v
Melinda K. Welsh
Deputy City Secretary
Ore OF
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Mayor
This instrument was acknowledged before me on the 3 day of March, 2008, by
David J.H. Smith, to me personally known, who, being by me duly sworn, did say he is
Mayor of Friendswood, Texas a Texas municipality and that said instrument was signed on
behalf of said municipality and said David J.H. Smith acknowledged said instrument to be
his free act and deed.
MELINDA K. WELSH
NOTARY PUBLIC
+ STATE OF TEXAS
� h Nry Commission Expires 02-20-2009 l�
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
My commission expires:
FR 001-08 Tract 1 Page 3
TRACT
EASEMENT FOR TELECOMMUNICATIONS FACILITIES
DESCRIPTION OF A 0.002-ACRE TRACT
OF LAND OUT OF THE SARAH McKISSICK
SURVEY, A-151, GALVESTON COUNTY, TEXAS
Being a tract of land containing 0.002 acre (100 square feet) out of the Sarah
McKissick Survey, A-151, Galveston County, Texas. Said 0.002-acre tract being out of
Lot 19, Block 2 conveyed to the City of Friendswood by Ordinance No. 51, Section Two
dated November 2, 1964 and by deed recorded under Volume 1225, Page 467 of the
Deed Records of Galveston County, Texas. Said 0.002-acre tract being more particularly
described by metes and bounds as follows: (bearings called in the following description
are based on the southeast line of said Lot 19)
BEGINNING at a 5/8-inch iron rod with cap stamped "Cotton Survey" found in
the northwest line of Lot 14, Block 2 conveyed to the City of Friendswood by County
Clerk's File No. 8725902, Film Code No. 005-34-1786 of the Deed Records of Galveston
County, Texas;
THENCE North 44°59' 17" West with the southwest line of said tract herein
described, a distance of 10.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER,
HOUSTON" set for the west corner of said tract herein described;
THENCE North 45°00'43" East with the northwest line of said tract herein
described, a distance of 10.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER,
HOUSTON" set for the north corner of said tract herein described;
THENCE South 44°59' 17" East with the northeast line of said tract herein
described, a distance of 10.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER,
HOUSTON" set for the east corner of said tract herein described;
THENCE South 45°00'43" West with the southeast line of said Lot 14, with the
southeast line of said Lot 19 and with the southeast line of said tract herein described, a
distance of 10.00 feet to the POINT OF BEGINNING and containing 0.002 acre (100
square feet) of land.
This survey is accompanied by a survey sketch of even date.
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: S 1266 (299-266)
'°. ' " ' """"°"`
Date: 01/23/08
Revised: 02/21/08
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Exhibit "A"
PAS 1266\documents\S1266-TRACT 1-LEGAL Revl.doc
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Exhibit B
(R2008- 21)
SOUTHWESTERN BELL TELEPHONE COMPANY
AGREEMENT FOR TELECOMMUNICATIONS FACILITIES
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT THIS AGREEMENT (hereinafter referred to as the "Agreement"), entered
into by the undersigned, [hereinafter referred to as "GRANTOR" (whether one or more)],
and SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation,
7602 Spring Cypress, Suite 226, Spring, Texas 77379, (hereinafter referred to as
"GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby
acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND
CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors and assigns (hereinafter collectively referred to as "GRANTEE"), the permanent
right to use and occupy (hereinafter referred to as the "Rights") for the purposes hereinafter
set forth, upon, across, over, above, under a tracts of land described in Exhibit "A" and
shown on Exhibit `B" (the "Rights Area"), said exhibits being attached hereto and
incorporated herein by reference for all purposes. The Rights Area occupies part of
GRANTOR's property located in Galveston County, Texas, (hereinafter referred to as the
"Property") and described as follows:
Be a tract of land containing 0.001 acre (75 square feet) out of the Sarah
McKissick Survey, A-151, Galveston County, Texas. Said 0.001 acre tract
being out of Lot 19, Block 2 conveyed to the City of Friendswood by
Ordinance No. 51, Section Two dated November 2, 1964 and deed
recorded under Volume 1225, Page 467 of the Deed Records of
Galveston County, Texas.
It is distinctly understood that this Agreement does not constitute a conveyance of
the Property, nor of the minerals therein and thereunder, but grants only the Rights subject
to the following:
(a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands, or causes of action of whatever nature, asserted by
others which are caused by or arise in any manner out of acts or omissions of GRANTEE in
the use and occupancy of the Rights Area by GRANTEE, its employees, or any other
persons acting under its control.
(b) The Rights granted hereby is subject to all, if any, valid and subsisting oil, gas,
sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights -of -way,
restrictive covenants, mineral and royalty grants and reservations, or other instruments now
of record in the appropriate records of Galveston County, Texas which affect the Rights
Area.
(c) These Rights are granted for the specific purposes of permitting Grantee to
construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate,
replace and remove such above ground and underground electrical, telephone, telegraph,
signal and other communications facilities, cables, lines, circuits, and conduits, electronic
equipment cabinets/structures housing telecommunication facilities, and fiber optics
cabinets/structures housing telecommunication facilities, together with such above ground
and underground appurtenances thereto, as Grantee may from time to time require upon,
over, across, above, under and within the Rights Area; the right of ingress and egress to the
Rights Area using the surface of the Rights Area and all reasonable routes across the
Property; the right to drain or sheet flow storm water runoff from the Rights Area onto the
Property and/or into existing and future storm water collection and drainage facilities
located within the Property; the right to clear and keep cleared trees, brush and all other
obstructions from the surface and subsurface of the Rights Area; the right to install, maintain
and use gates in fences which cross the Rights Area.
FR 001-08, Tract 2 Page 1
(d) Subject to the rights granted to GRANTEE as set forth herein, including, but not
limited to the right to pave the surface of the Rights Area, after the construction of
GRANTEE'S telecommunications facilities and also after any later operation done or caused
to be done by GRANTEE which affects GRANTOR'S Property or any part thereof,
GRANTEE shall promptly restore the surface grade affected thereby to as nearly as
practicable the same condition it was prior to such operations. GRANTEE shall pay
GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and
vegetation growing within the Rights Area, caused by GRANTEE, its employees or persons
acting under its control, during such operations. GRANTOR hereby acknowledges receipt
of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs,
bushes and vegetation growing within the Rights Area herein described, caused by
GRANTEE, its employees, or any other persons acting under its control, during
GRANTEE'S use of Rights Area.
(e) GRANTOR warrants that it is the owner of the Property occupied by the Rights
Area granted herein and that it has the right to make this conveyance and receive payment
therefore. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly
enjoy the Rights Area for the uses herein stated. In addition, GRANTOR hereby warrants
and represents that it has no knowledge of the existence of past or present production,
storage, treatment or disposal of any toxic or hazardous waste or substance, or of
hazardous/toxic waste contamination conditions applicable to either the Rights Area or
GRANTOR's property described herein, including but not limited to "hazardous substances"
or "toxic substances" as defined by the Comprehensive Environment Resource
Compensation and Liability Act of 1980, as amended, and the Hazardous Material
Transportation Act, as amended.
(f) Provided however, notwithstanding anything to the contrary contained herein,
the Rights herein granted shall terminate, expire and be of no further force and effect upon
the expiration or termination of that certain GTE Mobilnet Lease (the "Lease") dated
December 17, 1991 between the City of Friendswood and GTE Mobilnet of South Texas
Limited Partnership. Such Lease has been assigned to Crown Castle, Inc. by assignment in
May, 2001. Provided however, notwithstanding the foregoing, GRANTEE shall have a
period of ninety (90) days following the expiration or termination of the GTE Mobilnet
Lease to remove any telecommunication facilities installed within the Rights Area and
which are located on or above the surface of the Rights Area. Notwithstanding anything to
the contrary contained herein GRANTEE shall not be required to remove any
telecommunication facilities which are below the ground level of the Rights Area and
GRANTEE shall be allowed to abandon all such below ground telecommunication facilities
in place at the location of such telecommunication facilities upon the expiration or
termination of said Lease.
GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND
CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors and assigns, the right to use a temporary construction area 20 feet wide for
GRANTEE'S use in constructing its electrical and telecommunications systems and lines as
set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of
land located North, East and West adjacent to the permanent Rights Area described in
Exhibit "A" attached hereto. The herein granted temporary construction area shall terminate
sixty (60) days after the commencement of the construction and installation of GRANTEE'S
telecommunications facilities into the Rights Area described herein. The Rights Area and
the temporary construction area are hereinafter collectively referred to as the "Rights
Areas".
FR 001-08, Tract 2 Page 2
TO HAVE AND TO HOLD the herein described Rights Areas, together with all and
singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and
assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to
warrant and forever defend all and singular the Rights Areas unto GRANTEE and its
successors and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
SIGNED AND EXECUTED this
By:
ATTEST: OF d
Melinda K. Welsh
Deputy City Secretary
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
3rd day of March, 2008.
Smith, Mayor
G
O
O
1*
This instrument was acknowledged before me on the 3 day of March, 2008, by
David J.H. Smith, to me personally known, who, being by me duly sworn, did say he is
Mayor of Friendswood, Texas a Texas municipality and that said instrument was signed on
behalf of said municipality and said David J.H. Smith acknowledged said instrument to be
his free act and deed.
-------------------
iOlpAY PUBIC MELINDA K. WELSH K ,
NOTARY PUBLIC
STATE OF TEXAS NOTARY PUBLIC IN AND FOR
'h o� My Commission Expires 02-20-2009 SAID COUNTY AND STATE
My commission expires:
FR 001-08, Tract 2 Page 3
TRACT 2
UNDERGROUND EASEMENT FOR TELECOMMUNICATIONS FACILITIES
DESCRIPTION OF A 0.001-ACRE TRACT
OF LAND OUT OF THE SARAH McKISSICK
SURVEY, A-151, GALVESTON COUNTY, TEXAS
Being a tract of land containing 0.001 acre (75 square feet) out of the Sarah
McKissick Survey, A-151, Galveston County, Texas. Said 0.001-acre tract being out of
Lot 19, Block 2 conveyed to the City of Friendswood by Ordinance No. 51, Section Two
dated November 2, 1964 and deed recorded under Volume 1225, Page 467 of the Deed
Records of Galveston County, Texas. Said 0.001-acre tract being more particularly
described by metes and bounds as follows: (bearings called in the following description
are based on the southeast line of said Lot 19)
BEGINNING at a 5/8-inch iron rod with cap stamped "Cotton Survey" found in
the northwest line of Lot 14, Block 2 conveyed to the City of Friendswood by County
Clerk's File No. 8725902, Film Code No. 005-34-1786 of the Deed Records of Galveston
County, Texas;
THENCE South 45°00'43" West with the northwest line of said Lot 14, with the
southeast line of said Lot 19 and with the southeast line of said tract herein described, a
distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER, HOUSTON" set
for the south corner of said tract herein described;
THENCE North 44°59' 17" West with the southwest line of said tract herein
described, a distance of 5.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER,
HOUSTON" set for the west corner of said tract herein described;
THENCE North 45000'43" East with the northwest line of said tract herein
described, a distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER,
HOUSTON" set for the north corner of said tract herein described;
THENCE South 44059' 17" East with the northeast line of said tract herein
described, a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.001
acre (75 square feet) of land.
This survey is accompanied by a survey sketch of even date.
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: S 1266 (299-266)
Date: 01/23/08
Revised: 02/27/08
Exhibit "A"
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