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Home My WebLink AboutResolution No. 2008-08RESOLUTION NO. R2008-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT AN EASEMENT IS NEEDED FOR CONSTRUCTION AND MAINTENANCE OF UTILITIES PART OF THE DEEPWOOD FORCE MAIN PROJECT; APPROVING THE PURCHASE OF SAID EASEMENT FROM MOHAMMAD S. AND TAMARA ZAMAN, 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 at Lot 4, Block 1 of Autumn Creek Section 9 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 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 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 4th day of February, 2008. r/ -I'fl� David J. H. Siith Mayor ATTEST: 0*01 Ll+ � �C` V D loris McKenzie, T C City Secretary R2008-08 F 4 1� THE STATE OF TEXAS COUNTY OF HARRIS SANITARY SEWER EASEMENT 2/22 2008 RP2 534 02/22%2448 RR2 $28, 0C1 § KNOW ALL MEN BY THESE PRESENTS: THAT Mohammad S. Zairian and Tamara Zaman ("Grantors"), for and in consideration of the sum of six thousand three hundred and forty dollars ($6,340.00) and other good and valuable consideration in hand paid to Grantors by the City of Friendswood, Texas, a home rule municipal I-)& corporation of the State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD, and CONVEYED, and by these presents do hereby GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns and legal representatives, a perpetual easement for the purpose of constructing, reco^strue!—, altering, and maintaining underground sanitary sewer facilities in, under, over, along, upon, and across that certain 9,063 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. Grantors retain, reserve, 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. 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 Grantors binds themselves, their 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 Grantors, but not otherwise IN WITNESS WHEREOF, this instrument is executed this day of 2008. PTED BY TEE. d J.H. Smith, Mayo ATTEST: De oris McKenzie, TRMC City Secretary ADDRESS OF GRANTEE: City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 ► GM- 0 ACKNOWLEDGMENTS THE STATE OF TEXAS §Y'e' =zi• j �c;:_ REBECCA ORTEGON § MY COMMISSION EXPIRES COUNTY OF HARRIS § f � May 24, 2011 BEFORE ME, the undersigned Notary Public, on this day personally appeared Mohammad 1()rj S. Zaman, 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 60*day of , 2008. Notary Public In and For the State of Texas My Commission Expires: THE STATE OF TEXAS § Y,•,,, ; gkq� r : REBECCA ORTEGON MY COMMISSION EXPIRES a COUNTY OF HARRIS § =�+ �° May 24, 2011 ' a BEFORE ME, the undersigned Notary Public, on this day personally appeared Tamara H Zaman, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this -50 '4day of , 2008. LIZ C/ Notary Public In and For the State of Texas My Commission Expires: �// EAU-] IT "A" EASEI%= - 9 METES AND BOUNDS DESCRIPTION 9,063 SQUARE FEET OUT OF LOTS 3 AND 4 AUTUMN CREEK, SECTION NINE FRIENDSWOOD, HARKS COUNTY. TEXAS All that certain 9,063 square feet out of Lots 3 and 4, Autumn Creek, Section Nine according to the plat thereof as filed in Volume 497, Page 14 Harris County Map Records, 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 north comer of said Lot 4; Thence S 38' 21' 23" W - 278.18' with the common souther line of Restricted Reserve "D" of said Autumn Creek Section Nine and the northwest line of said Lot 4 to the PONT OF BEGINNING of herein described tract: 1. Thence S 45' 44' 33" E — 456.43' to a point for comer, 2. Thence S 57' 22' 47" W — 20.54' with the northwest line of that certain tract as described in a deed dated 04-26-2006 from Autumn Creek Development, Ltd. to William J. Wasko, et ux. as filed in Official Records of Real Property of Harris County at Clerk's File Number Z-267596, Film Code Number 021-22-0302 to a point for corner, lbw 3. Thence N 45 ° 44' 33" W — 449.70' to a point for comer; 4. Thence N 38' 21' 23" E — 20.11' common southeast line of said Restricted Reserve "D" and the northwest line of said Lot 4 to the POINT OF BEGINNING and containing 9,063 square feet (0.2081 acre) of land more or less. i This metes and bounds description is accompanied by a separate plat; drawing or exhibit per Texas Board (4 iNJ 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 9.doc 10-12-2006 FILED FOR RECORD s 8:00 AM RECORDER'S MEMORANDUM: FEB 2 2 2008 At the time of recordation, this instrument was r, found rof to be inadequate for the best photographic rf3pproduction because of illegibility, carbon or �{ a�h®t0 Copy, discolored paper, etc. All blockouts County Clerk, Halls County, lhons and Changes were present at the time tY,Texas 10 kgftm9nt was filed and recorded. 11-846 Esmt 9 ANY fMbbur Tn, 1'il�� QRISN�RE TV WIt l ��l+Ql: 111, atMMbadaaf 114 IP"1iBr�idrt FEB 2 2 2008 Ct1lmt l �IK HARRIS COUNTY TEW