HomeMy WebLinkAboutResolution No. 2008-65RESOLUTION NO. R2008-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, DETERMINING THAT AN EASEMENT
IS NEEDED FOR CONSTRUCTION AND MAINTENANCE OF
UTILITIES AS PART OF THE DEEPWOOD FORCE MAIN
PROJECT; APPROVING THE PURCHASE OF SAID EASEMENT
FROM ALTON C. TODD AND NARIMAN PARK TODD,
PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood now finds and determines that
public convenience and necessity requires the City of Friendswood to acquire a right-of-way
easement over and across a tract of land containing 6,402 square feet for the construction,
installation, maintenance, operation, inspection, replacement, repair, and removal of certain
public utility lines in the City of Friendswood, Texas, a more specific description of said 6,402
square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (herein after
the "Land"); and
WHEREAS, the City of Friendswood, through its duly authorized representative, has
negotiated with the owners of said tract of land for the purchase of such Easement for the herein
stated purpose and has been able to agree with such owners as to the fair market value thereof; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The City Council of the City of Friendswood finds that bona fide
negotiations have been conducted by the authorized representative of the City for the acquisition of
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8 PGS
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Alton C. Todd and Nariman Park Todd ("Grantor"), for and in consideration of the
sum of ten thousand dollars ($10,000.00) 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 underground
sanitary sewer facilities in, under, over, along, upon, and across that certain 0.1470 tract of land,
more or less ("Easement"), same being more particularly described in Exhibit "A" attached hereto
and for all things made a part hereof.
Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or
maintain underground sanitary sewer 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. The Grantee and Grantor both acknowledge all conditions as set in
Exhibit B; an Easement Agreement Letter dated July 17, 2008.
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 himself, his heirs, executors, administrators 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.
2
IN WITNESS WHEREOF, this instrument is executed this `S day of
Ay�Sy�`�� , 2008.
14
GRANTOR
Alton C. Todd
Mi-Ma l - M
odd
ACCEPTED B GRANTEE:
David J.H. Smith, Mayor
ATTE v#'* f
MOR�ENpa04
ris
lM,
City Secretary
ADDRESS OF GRANTEE:
City of Friendswood, Texas
911 South Friendswood Drive
q)oFriendswood, Texas 77546
3
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Alton C.
Todd, 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.
2008.
GIVEN under my hand and seal of office, this I day of AWU
,
gyp° DENA DAY
+ "€ MY COMMISSION EXPIRES
o SEPTEMBER 26, 2009
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
I i
No Public In and tbr the StQe of Texas
My Commission Expires: / �- tog
BEFORE ME, the undersigned Notary Public, on this day personally appeared Nariman
Park Todd, 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.
GIVEN under my hand and seal of office, this ra tday of 4uq U a -,
2008. T Ij
y� 'r DENA DAY
Notaly Public In and F the StA of Texas
MY COMMISSION EXPIRES SEPTE' 26, 2oos My Commission Expires: q / gte 1j
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EXHIBIT "A"
EASEMENT-1
METES AND BOUNDS DESCRIPTION
6,402 SQUARE FEET OUT OF
SARAH MCKISSICK LEAGUE. A -151
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 6,402 square feet out of Sarah McKissick League, Abstract Number 151, Friendswood,
Galveston County, Texas and being out of that certain tract described in a deed dated 08-14-1992 from
Clinton R. Hackney, Jr., et ux. to Alton C. Todd, et ux. as filed in Official Records of Real Property of
Galveston County at Clerk's File Number 92-32002, Film Code Number 008-36-2725 and being more
particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of
1983, South Central Zone). -
Commencing at a found 1/2" iron pipe marking the south end of the most northerly west line of Lot 17,
Replat of Pilgrims Point according to the plat thereof as filed in Volume 15, Page 182 Galveston County
Map Records; Thence N 64' 38' 29" E — 339.69' with the most northerly west line of said Lot 17 to the
POINT OF BEGINNING of herein described tract and said point marking a point on a curve to the right
having a radius of 1,010.00' and a central angle of 19° 31' 09';
1. Thence with said curve an arc distance of 344.08' and chord bearing and distance of N 740 14' 09" W
— 342.42' to a point for corner;
2. Thence N 780 50' 35" E — 29.88' with the centerline of Cowards Creek to a point for comer,
3. Thence N 57° 55' 04" E — 2.94' continuing with the centerline of Cowards Creek to a point on a
curve to the left having a radius of 990.00' and a central angle of central angle of 16° 50' 34";
4. Thence with said curve an arc distance of 291.02' and chord bearing and distance of S 74122' 33" E
— 289.98' to a point for corner;
5. Thence S 48100' 06" E — 30.38' with the edge of water of Clear Creek to a point for corner;
6. Thence S 64' 387 29" W —4.54' with the most northerly west line of said Lot 17 to the POINT OF
BEGINNING and containing 6,402 square feet (0.1470 acre) of land more or less.
This metes and bounds description is accompanied by a separate p14 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 &t Company
Job Number: 11-846 Esmt Ldoe
10-12-2006
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July 17, 2008
Mr. Alton C. Todd
312 S. Friendswood Drive
Friendswood, TX 77546
City ot '7niendswood
COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
EXHIBIT BFJ-E--:cVE
JUL 3 1
D
Re: Acquisition by the City of Friendswood, Texas (the "City") of a perpetual easement for purposes
of installing a 27" Sanitary Sewer Force Main.
Dear Mr. Todd:
The City intends to install a twenty-seven (27) inch Sanitary Sewer Force Main to be directionally
drilled within the sub -surface of the Easement unless an unexpected event takes place during the directional
drilling that requires a need to excavate. At that time, the property owner will be notified of the event and
steps needed to be taken to correct it, including restoration of the easement area.
In accordance with the approved plans, the approximate depth of the force main is intended to be
twenty-five (25) feet below natural grade. Please note that the depth may very slightly due to conditions
encountered during the directional drill. As stated in the letter from Craig Koehl, Urban Forestry
Consultant dated August 15, 2007, auger construction at depths greater than four (4) in the Houston area
will have no impact on trees above. Additionally, there will be no above -ground facilities within the said
easement.
Furthermore, in the event there is any subsurface fracturing as a result of the drilling mud used for
the directional drilling of the sewer line, the City will be responsible for any testing necessary and clean up
mandated by any fracturing. Upon installation of the line and completion of the project, the City will
provide you a copy of the as-builts through your property.
Your conveyance of the easement to the City permits it, or its designees, to enter the easement to
install, construct, maintain, inspect, repair, replace or remove the improvements located within the
Easement only. Access to the easement through any other means shall require prior notification to you and
approval by you.
Moreover, you acknowledge through this agreement that the City cannot be certain as to what
problems it may encounter in installing the line, and that these construction plans may change, based on
conditions existing on or beneath the ground. Any changes shall be limited to the boundaries of the
easement itself, otherwise, prior notification to you by the City is required.
Sincerely,
G orge L. Cherepes
Project Manager
City of Friendswood
PERMITS / INSPECTIONS / CODE ENFORCEMENT • ENGINEERING / CAPITAL PROJECTS • PLANNING & ZONING
(281) 996-3201 (281) 996-3203 (281) 996-3290
ADMINISTRATION
(281) 996-3291
Fps MEMORANDA
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FILED AND RECORDED
, OFFICIAL PUBLIC RECORDS
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2008050471
August 27, 2008 12:37:04
FEE: $40.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS