HomeMy WebLinkAboutResolution No. 2008-72RESOLUTION NO. R2008-72
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 16-INCH WATER TRANSMISSION LINE PROJECT;
APPROVING THE ACCEPTANCE OF SAID EASEMENT FROM
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT,
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 water line easement (the "Easement")
over, across and under a certain property located along Chigger Creek, more specifically described
as being 5,277 square feet out of the A. H. Jackson Survey, Abstract 128, Friendswood,
Galveston County, Texas and being out of that certain tract as described in a deed dated 10-11-
1994 from A Friend's Gift, Inc. to Clear Creek Drainage District as filed in the Official Records
of Real Property of Galveston County at Clerk's File Number 94-45123, Film Code Number
010-03-1569, in Friendswood, Texas as a part of the 16-Inch Water Transmission Line 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 22°d day of September, 2008.
V
David J. H. Smith
Mayor
ATTEST:
ON
O�
c� a
Del is McKenzie, TRMC #
City Secretary
0
R2008-72 2
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POTABLE WATER EASEMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
2008@63304
KNOW ALL MEN BY THESE PRESENTS:
THAT GALVESTION COUNTY CONSOLIDATED DRAINAGE DISTRICT
("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 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 potable water facilities in, under, over,
along, upon, and across that certain 5,277 square foot 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 potable water 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.
Deloris McKenzie, TRMC
City Secretary
ADDRESS OF GRANTEE:
City Secretary's Office
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
THE STATE OF TEXAS
COUNTY OF GALVESTON
ACKNOWLEDGMENT
I
f
BEFORE ME, the undersigned Notary Public, on this day personally appeared
HAf2.ot-D W R I TA KEn- , 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
utility district.
GIVEN under my hand and seal of office, this Z�b day of AuGtksT
2008.
;�Lw Atln C164-
Notar/Pu lic In and For the State of Texas
o""!! IUPE GARCIA
Notary Public, state or Texas My Commission Expires
i My Commission Expires
May 06, 2012
O S' 0 l,,2 0l 2-
3
EXHIBIT "A"
EASEMENT 8
METES AND BOUNDS DESCRIPTION
5,277 SQUARE FEET OUT OF
A. H. JACKSON SURVEY, ABSTRACT 128
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 5,277 square feet out of A. H. Jackson Survey, Abstract 128, Friendswood, Galveston
County, Texas and being out of that certain tract as described in a deed dated 10-11-1994 from A
Friend's Gift, Inc. to Clear Creek Drainage District as filed in Official Records of Real Property of
Galveston County at Clerk's File Number 94-45123, Film Code Number 010-03-1569 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 point marking the east corner of Lot 11, Windsong Subdivision (Unrecorded) and
being the east corner of that certain tract described in a deed dated 10-27-I975 from Alfred W.
O'Farrell to C. David Hearn filed in Book 2619, Page 41 Galveston County Deed Records from
which a found 5/8" iron rod bears N 28°. 34' 31" E — 0.42' for reference; Thence
N 480 2Y 09" W — 20.00' with the northeasterly line of said Lot 11 to the POINT OF BEGINNING
of herein described;
1. Thence N 48' 25' 09" W — 157.75' continuing with the northeasterly line of said Lot I I to a
point for corner;
2. Thence N 18' 36' 12" W — 153.28' to a point for corner;
3. Thence N 52° 4 U 14" W — 52.61' to a point for corner;
4. Thence N 76' 31' 59" E — 25.82' with the centerline of Chigger Creek to a point for corner;
5. Thence S 52° 41' 14" E — 43.85' to a point for corner;
6. Thence S 75' 56' 31" W — 10.84' with the westerly line of that certain 15' wide water line
easement as filed in Official Records of Real Property of Galveston County at Clerk's File
Number 97-27784, Film Code Number 01 1-92-1250 to a point for corner;
7. Thence S 180 36' 12" E — 136.95' continuing with the westerly line of said 15' wide water line
easement to a point for corner;
8. Thence S 470 04' 15" E — 172.05' continuing with the westerly line of said 15' wide water line
easement to a point for corner;
9. Thence S 41' 37' 56" W — I5.63' continuing with the westerly line of said 15' wide water line
easement to the POINT OF BEGINNING and containing 5,277 square feet 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: 11-888 Easement 8 M&B.doc
10-15-2007
11-888 Easement 8 M&B.doc
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FILED AND RECORDED
r OFFICIAL PUBLIC RECORDS
2008063304
November 25, 2008 03:14:51 PM
FEE: $32.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS