HomeMy WebLinkAboutResolution No. 2008-26RESOLUTION NO. R2008-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY SECRETARY TO ATTEST AN EASEMENT
AGREEMENT BY AND BETWEEN THE CITY AND LINGO FLWEST-
LAND, LTD., FOR THE PURPOSE OF CONSTRUCTING,
RECONSTRUCTING, ALTERING, AND MAINTAINING PUBLIC
ROADWAY AND DRAINAGE AND UTILITY FACILITIES IN, UNDER,
OVER, UPON, AND ACROSS TWO CERTAIN ONE (1) FOOT
RESERVES NECESSARY FOR THE DEVELOPMENT OF THE
FRIENDSWOOD LAKES WEST.
WHEREAS, the City of Friendswood owns the fee simple to two, one (1) foot strips of
land in the Friendswood Lakes, Section 2 and The Lake at San Joaquin subdivisions, which, per
plat note, remain the property of the City until such time as the adjacent property is platted; and
WHEREAS, the developer has petitioned the City for an easement for the purpose of
constructing, reconstructing, altering, and maintaining a public roadway and drainage and utility
facilities in, under, over, upon, and across these certain one (1) foot reserves, in order to plat and
develop the adjacent property; and
WHEREAS, the easement provides that it shall automatically terminate, without further
action by the City, upon the approval and recording of a final plat of the subdivision of the
property served by said easement, wherein the easement property vests in the public for street
right-of-way purposes; and
WHEREAS, the City Council of the City of Friendswood deems it in the best interest of
the City of Friendswood to grant the easement to the developer, to aid in platting and
development of the adjacent property,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That a "Roadway, Drainage and Utility Easement" is hereby granted to
LINGO FLWEST-LAND, LTD. for the purpose of constructing, reconstructing, altering, and
maintaining a public roadway and drainage and utility facilities ("easement") in, under, over,
upon, and across those certain tracts or parcels of land more particularly described as follows:
That certain one (1) foot reserve in favor of the City of Friendswood at the
southwesterly end of Sandy Lakes Drive, Friendswood, Texas, as created by and
shown on the plat or map of Friendswood Lakes, Section 2, recorded at Volume
18, Page 1366, of the Galveston County Map Records; and
That certain one (1) foot reserve in favor of the City of Friendswood at the
easterly end of East Lake Drive, Friendswood, Texas, as created by and shown on
the plat or map of The Lake at San Joaquin recorded at Volume 18, Page 1302, of
the Galveston County Map Records.
Section 2. That the Mayor and City Secretary are hereby authorized and directed to
execute and attest, respectively, that certain "Roadway, Drainage and Utility Easement" by and
between the City and LINGO FLWEST-LAND, LTD. in substantially the same form as the
Easement attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED, APPROVED, and RESOLVED this 241h day of March 2008.
David J. H. Smith
Mayor
ATTEST: r-14npx�:,)
De oris McKenzie, TRMC
City Secretary
OF
R2008-26 2
Exhibit A
(R2008-26)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ROADWAY, DRAINAGE AND UTILITY EASEMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS THAT:
COUNTY OF GALVESTON§
The City of Friendswood, a body corporate and politic and a home rule municipal
corporation of the State of Texas ("Grantor"), for and in consideration of the sum of $10.00 and
other good and valuable consideration in hand paid to Grantor by LINGO FLWEST-LAND,
LTD., a Texas limited partnership, ("Grantee") whose address is 3900 Magnolia, Pearland,
Texas 77584, 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, an
easement for the purpose of constructing, reconstructing, altering, and maintaining a public
roadway and drainage and utility facilities ("easement") in, under, over, upon, and across those
certain tracts or parcels of land more particularly described as follows:
That certain one (1) foot reserve in favor of the City of Friendswood at the
southwesterly end of Sandy Lakes Drive, Friendswood, Texas, as created by and
shown on the plat or map of Friendswood Lakes, Section 2, recorded at Volume
18, Page 1366, of the Galveston County Map Records; and
That certain one (1) foot reserve in favor of the City of Friendswood at the
easterly end of East Lake Drive, Friendswood, Texas, as created by and shown on
the plat or map of The Lake at San Joaquin recorded at Volume 18, Page 1302, of
the Galveston County Map Records,
collectively ("Easement Property").
Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate,
or maintain public roadway and drainage and utility facilities within said Easement Property and
to operate thereon all necessary machinery and equipment to prosecute the work efficiently.
This conveyance is expressly made subject to any and all restrictions, mineral and/or
royalty reservations, covenants, easements, encumbrances and other matters appearing of record
relative to the Easement Property, but only to the extent that the same are still in force and effect
and enforceable against the same. The foregoing easement, along with all rights and privileges
relating thereto, shall exist in perpetuity except that the easement shall automatically terminate
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without further action by Grantor or Grantee upon the approval and recording of a final plat of
the subdivision of the property served by said easement, in which event the property subject to
such foregoing easement shall become vested in the public for street R.O.W. purposes.
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 as set forth above, and Grantor binds itself, its successor 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.
2008.
IN WITNESS WHEREOF, this instrument is executed this 24 day of March
CITY OF FRIENDSWOOD, TEXAS
By: r t
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H. Smith, Mayor
4Delris
T:
McKenzie, City ecretar C
COUNTY OF GALVESTON§ q Z OF
STATE OF TEXAS §
This instrument was acknowledged before me on the 2 LI day of Mo-r-ck\ , 2008
by David J.H. Smith, Mayor of and on behalf of the City of Friendswood, Texas.
MELINDA K. WELSH /
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 02 20 2009 Notary Public in and for the State of Texas
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