HomeMy WebLinkAboutResolution No. 2008-55RESOLUTION NO. R2008-55
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 ACCEPTANCE OF SAID EASEMENT FROM AUTUMN CREEK
DEVELOPMENT, LTD., PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood finds and determines that public
convenience and necessity require that the City acquire a sewer easement (the "Easement") over,
across and under a certain property located at located along Bay Area Boulevard, on the residue of
Tract 1, called 128.897 acre tract of land purchased by Autumn Creek Development, Ltd. from
Sunwood Development Corporation, ET AL (5-953732 517-90-0421) in Friendswood, Texas as
a part of the Deepwood Force Main Project within the City; and
WHEREAS, the City of Friendswood, through its duly authorized representative, has
negotiated with the owners of said tract of land for the acceptance of such Easement for the herein
stated purpose and has been able to agree with such owners as to the dedication 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
the Easement over the herein described tract of land, and that said negotiations were successful, and
that the acquisition of the Easement for the negotiated price is approved.
Section 3. The Mayor is authorized to execute any documentation necessary to accept,
document, and record said Easement.
PASSED, APPROVED, AND RESOLVED this 16th day of June, 2008.
ATTEST:
-4�J�6q- 1� U-0-Lf (�I
Melinda K. Welsh
Deputy City Secretary
A1
avidH. Smith
Mayor
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R2008-55 2
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
20080354393
07/07/2009 RPI $36.00
KNOW ALL MEN BY THESE PRESENTS:
THAT Autumn Creek Development LTD. ("Grantor"), for and in consideration of the sum
of ten dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City/—e,llc�
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 22,491 square feet 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 June 3, 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 itself, its successors 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
L
WITNESS WHEREOF, this instrument is executed this l day of
2008.
ZJ.
Y G NTEE:
th, Mayor
ATTEST:
D oris McKenzie, �TRMC
City Secretary
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GRANTOR
AUTUMN CREEK DEVELOPMENT, LTD.,
A Texas limited partnership
By: LENNAR HOMES OF TEXAS LAND AND
CONSTRUCTION, LTD.,
a Texas limited partnership,
dba FRIENDSWOOD DEVELOPMENT COMPANY,
as Attorney -in -Fact
By: LENNAR TEXAS HOLDING COMPANY,
a Texas corporation,
its General Partne
By:
7Hammond
Vic President
Of
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared3D�
Ha�8 , 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,
in the capacity therein stated, and as the act and deed of said Autumn C k Development Ltd.
GIVEN under my hand and seal of office, this _ day o
*�'( ; a tib commaww exom
Sactombe( fig, M
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Notary P111lic In an For the State of Texas
My Commission Expires: 9 L2tog
FILED FOR RECORD
8:00 AM
JUL - 7 2008
County Clerk, Hams County, Texas
EXHIBIT "A"
EASEMENT— I I
METES AND BOUNDS DESCRIPTION
22,491 SQUARE FEET OUT OF
JOHN DICKERSON SURVEY, ABSTRACT NO. 15
FRIENDSWOOD, HARRIS COUNTY, TEXAS
All that certain 22,491 square feet out of John Dickerson Survey, Abstract Number 15, Friendswood,
Harris County, Texas and being out of that certain tract as described in a deed dated 04-08-1998 from
Sunwood Development Corporation, et al. to Autumn Creek Development, Ltd. as filed in Official
Records of Real Property of Harris County at Clerk's File Number S-953732, Film Code Number 517-90-
0421 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 5/8" iron rod marking the northwest corner of that certain tract as described in a
deed dated 01-10-1979 from Texas Central Mortgage Co., et al. to Gulf Coast Waste Disposal Authority
as filed in Official Records of Real Property of Harris County at Clerk's File Number F-950404, Film Code Number 119-81-1861; Thence S 41° 38' 59" W — 422.14' with the common northwest line of said
Gulf Coast Waste Disposal Authority tract and the southeast line of said Autumn Creek Development,
Ltd. tract to the POINT OF BEGINNING of herein described tract;
1. Thence S 41° 38' 59" W — 27.88' continuing with the common northwest line of said Gulf Coast
Waste Disposal Authority tract and the southeast line of said Autumn Creek Development Ltd. tract
to a point for corner;
2. Thence N 04° 1 P 33" W — 854.93' to a point marking the beginning of a curve to the left having a
radius of 990.00' and a central angle of 16° 48' 46' ;
3. Thence with said curve an arc distance of 290.50' and a chord bearing and distance of
N 120 35' 56" W — 289.46' to a point for corner;
4. Thence S 55° 58' 03" E — 34.22' with the common southerly line of Lot 1, Autumn Creek, Section
eco
Nine according to the plat thereof as filed in Volume 497, Page 014 Harris County Map Rrds to a point on a curve to the right having a radius of 1,010.00' and a central angle of 15° 13' 18';
5. Thence with said curve an arc distance of 268.32' and a chord bearing and distance of
S 1 1 ° 48' 12" E — 267.54' to the point of tangency;
6. Thence S 04° 11' 33" E — 835.51' to the POINT OF BEGINNING and containing 22,491 square feet
(0.5163 acre) of land more or less.
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 & Company
Job Number: 11-846 Esmt 1 IA.doc
10-12-2006
REVISED 02-20-2008
11-846 Esmt 11A.doc
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EXHIBIT B
June 3, 2008
Autumn Creek Development Company
c/o Jeff Anderson, Sr. Acquisitions Manager
550 Greens Parkway, Suite 100
Houston, Texas 77067-4523
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. Anderson;
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.
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. 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.
Sincerely,
QW
Georg�ai,. �es
Project Manager
City of Friendswood
RECORCIF,'s WIEfOORHtv"4'
At the time of recorcdationthis instrumw
ent as
found to be inadequate for the nest pl',ctographie
reproduclen because of illecPbil'tty, carbon or
photo Copy, discolored aaoer, etc. Ail blocicouts
Modidons end chango:. !"", e ,)f went at the time
eM WSW~ was filed and recorded
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL. OR USE OF THE DESCRIBED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS INYALIO AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I here0r ce c6 teat tes Instrument was FILED in Fie Number Sequence on the date and at t e line
sbnped hereon h me; and was dA RECORDED In t1e Xicral Puck Records of Real Property of Harris
Car".Tax an
JUL - 7 2008
COUNTY CLERK
* HARRIS COUNTY, TEXAS