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Home My WebLink AboutResolution No. 2008-32RESOLUTION NO. R2008-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING AN EASEMENT TO THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT OVER PROPERTY LOCATED AT 203 E. EDGEWOOD DRIVE, FOR THE PURPOSE OF DRAINAGE AND FLOOD CONTROL ON MARY'S CREEK; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST SAID EASEMENT. WHEREAS, the City of Friendswood acquired certain properties in 2001 as part of a group of property buy-outs as a result of flooding from Tropical Storm Allison; and WHEREAS, Galveston County Consolidated Drainage District (GCCDD) and the City entered into an Interlocal Agreement in 2002 wherein GCCDD contributed funds to the buy-out process; and WHEREAS, as part of the Interlocal Agreement, GCCDD has the first right of refusal and option to easements over any or all of the buy-out properties, at no additional cost to GCCDD; and WHEREAS, GCCDD has asked the City to provide a parcel of land acquired in the buy- out program to GCCDD in order for GCCDD to implement a plan to "shelve" the requested area, which would allow high water to be detained, reducing downstream impacts; and WHEREAS, the requested parcel of land is an approximately 1.88 acre tract located at 203 E. Edgewood Drive, Friendswood, Texas, and is more particularly described by metes and bounds in Exhibit A, attached hereto; and WHEREAS, the City Council of the City of Friendswood deems it in the best interest of the citizens of Friendswood to grant the easement to GCCDD; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That an Easement is hereby granted to GCCDD for drainage and flood control purposes ("easement") in, under, over, upon, and across those certain tracts or parcels of land located at 203 E. Edgewood Drive, more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein. Section 2. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, that certain "Easement" by and between the City and GCCDD in substantially the same form as the Easement attached hereto as Exhibit `B" and made a part hereof for all purposes. PASSED, APPROVED, and RESOLVED this 7th day of Ap!2 2008. �(,Jwl David J. ith Mayor ATTEST: f � t De oris McKenzie, TRM v City Secretary R2008-32 2 RECEIVED MAY 15 2000 ASO THE STATE OF TEXAS § COUNTY OF GALVESTON § 6 PGS EASEMENT 2008@24582 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Friendswood acquired certain properties in 2001 as part of a group of property buy-outs as a result of flooding from Tropical Storm Allison; and WHEREAS, Galveston County Consolidated Drainage District (GCCDD) and the City entered into an Interlocal Agreement in 2002, wherein GCCDD contributed funds to the buy-out process; and WHEREAS, as part of the Interlocal Agreement, GCCDD has the first right of refusal and option to easements over any or all of the buy-out properties, at no additional cost to GCCDD; and WHEREAS, GCCDD has asked the City to provide a parcel of land acquired in the buy-out program to GCCDD in order for GCCDD to implement a plan to "shelve" the requested area, which would allow high water to be detained, reducing downstream impacts; and WHEREAS, the requested parcel of land is an approximately 1.88 acre tract located at 203 E. Edgewood Drive, Friendswood, Texas, and is more particularly described by metes and bounds in Exhibit A, attached hereto; and NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: The City of Friendswood, Texas, a home rule municipality, hereinafter referred to as "GRANTOR," for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration, including the terms of an Interlocal Agreement entered into in 2002, does hereby GRANT, SELL, and CONVEY, unto the Galveston County Consolidated Drainage District, "GRANTEE", its successors, assigns, and legal representatives, a perpetual easement for the purpose of drainage and flood control in, under, over, along, upon, and across that certain property located at 203 E. Edgewood Drive, Friendswood, Texas, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof. TO HAVE AND TO HOLD, subject to the limitations set forth below, the above -described easement, together with all and singular the rights and appurtenances thereto in anywise belonging, including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors, assigns, and legal representatives forever. Grantor hereby binds itself, its successors, to warrant and forever defend, all and singular, the said easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantors, but not otherwise. Grantee may do and perform all acts necessary to provide drainage and flood control on said easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. Notwithstanding any other provision contained herein to the contrary, the easement granted hereby is subject to the following: 1. Grantor shall retain the right of ingress and egress over and across the permanent easement granted and conveyed hereby. 2. Grantee agrees to hold the property subject to the Stafford Act and regulations promulgated thereunder (44 C.F.R. 206.434), the Grant Agreement, and the restrictive covenants contained in the deed of transfer from Edgar L. Oden and Sandy Oden to the City of Friendswood, dated November 29, 2001, (file information GAC 2001063634, 016-33-0275 Deed records of the Galveston County Clerk). 3. Grantee agrees to maintain the property that is the subject of this easement, at no cost to the City. This conveyance shall be subject to any and all matters of record which affect title to the property referred to herein. IN WITNESS WHEREOF, this instrument is executed this 7th day of April, 2008. GRANTOR City of Friendswood, Texas: By: David J. H. th Mayor 2 ATTEST: By: • De oris McKenzie, T C City Secretary ATTEST: By: hmr,da L AFTER RECORDATION, RETURN TO: City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, Texas 77546 Attn: Deloris McKenzie, City Secretary GRANTEE: Galveston County Consolidated Drainage District: By: Harold Whitaker President, Board of Directors 3 ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME, the undersigned Notary Public, on this day personally appeared David J. H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act of the City, for the purposes therein stated. GIVEN under my hand and seal of office, this � day of AP r 1 I , 2008. nYPO°� MELi'y K. WELSH * tJ'11TARY PUBLIC 6TATE OF TEXAS MY CommissiOn Expires 02.20-2009 THE STATE OF TEXAS COUNTY OF GALVESTON Notary Public In and For the State of Texas My Commission Expires: OJ a0 moo( ' BEFORE ME, the undersigned Notary Public, on this day personally appeared Harold Whitaker, President of the Board of Directors of the Galveston County Consolidated Drainage District, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such District for the purposes and consideration therein expressed, and in the capacity therein stated. 2008. GIVEN under my hand and seal of office, this q-15---Itay of®/l/L N tary Public In &a'nd �eStatef Texas My Commission Expires: 7j(PQc7 4 EXHIBIT "A" ii 16-33-0276 DESCRIPTION BEING 1.88 acres of land, more or less, out of Lot 1, Block 2 of Friendswood Subdivision, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 23 8, Page 14 in the Office of the County Clerk of Galveston County, Texas, said 1.88 acres being more particularly described by metes and bounds as follows: COMMENCING at the most Westerly corner of Lot 1, Block 2, of said Friendswood Subdivision; THENCE South 45 deg. 00 min. 00 sec. East, a distance of 50.00 feet to a point in the Southerly right-of-way line of East Edgewood Drive (based on a width of 90.00 feet) THENCE North 45 deg. 00 min. 00 sec. East, along said right-of-way line a distance of 183.10 feet to a inch iron rod set in the centerline of a gully, said point being the Point of Beginning of the following described tract of land; THENCE continuing North 45 deg. 00 min. 00 sec. East, along said right-of-way line a distance of 25 0. 00 feet to a point in the centerline of Mary's Creek; THENCE along the meanders of Mary's Creek with the following courses and distances; South 43 deg. 30 min. 20 sec. East 35.00 feet, North 81 deg. 20 min. 00 sec. East 90.00 feet, South 18 deg. 10 min. 00 see. East 92.00 feet, South 55 deg. 00 min. 00 sec. East 65.00 feet and South a distance of 95.00 feet to apoint being the intersection of the centerlines ofMary's Creek with the aforementioned gully; THENCE alongthe meanders of said gully with the following courses and distances; South 76 deg. 20 min. 00 sec. West 30.00 feet, South 21 deg. 16 min. 00 sec. West 105.00feet, South 68 deg. 25 min. 00 sec. West 115.00 feet, North 60 deg. 00 min. 00 sec. West, 68.00 feet, North 17 deg. 26 min. 00 sec. West 126.00 feet, North 49 deg. 11 mm. 00 sec. West 54.00 feet and North 78 deg. 16 min. 18 sec. West, a distance of 61.37 feet to the Point of Beginning and containing 1.88 acres of land, more or less. NOTE. -This Company does not represent that the above acreage or square footage calculations are correct. HL AND REMED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 2001 DEC 06 10:32 AM 200106363E HOOD_[' $11.00 Patricia Ritchie ,COUNTY CLERK OAL.VESTON� TEXAS