HomeMy WebLinkAboutResolution No. 2008-34RESOLUTION NO. R2008-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, APPROVING PARTIAL RELEASE OF A
UTILITY EASEMENT SITUATED ON PROPERTY LOCATED AT 3024
BRIDLE PATH, FRIENDSWOOD, TO REMOVE AN ENCROACHMENT;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
SECRETARY TO ATTEST A PARTIAL RELEASE OF UTILITY
EASEMENT BY AND BETWEEN THE CITY AND MR. AND MRS.
THOMAS ECHOLS, THE PROPERTY OWNERS.
WHEREAS, a fifteen (15) foot utility easement was dedicated to the City over and
across the rear of property located at 3024 Bridle Path, Friendswood, Texas; and
and
WHEREAS, a residential structure is in the process of being completed on said property;
WHEREAS, it has come to light that the structure being built encroaches on the
dedicated utility easement at the rear of the property as much as nearly four (4) feet; and
WHEREAS, the Building Official has approved temporary power to the structure based
on the agreement of the property owners to pursue removal of the encroachment; and
WHEREAS, the property owners have petitioned the City to release that portion of the
utility easement to cure the encroachment issue; and
WHEREAS, the City Council of the City of Friendswood deems it in the best interest of
the City of Friendswood to approve the Partial Release of Utility Easement to the property
owners, to aid in the completion of the structure;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That a "Partial Release of Utility Easement" is hereby approved and
granted to Mr. and Mrs. Thomas Echols abandoning and releasing the following portion of the
utility easement located at the rear of the property located at 3024 Bridle Path, Friendswood,
Texas:
Being the north five (5) feet of an existing fifteen (15) foot wide utility easement situated
at the rear of 3024 Bridle Path Lane, being Lot 7, Block 2 of Sterling Ridge Estates, a
subdivision in Galveston County, Texas, according to the plat thereof, recorded in
Volume 2007A, Page 124, of the map records of Galveston County, Texas, on or about
August 17, 2007. Said easement area to be released is more clearly shown on the drawing
attached hereto and made a part hereof.
Section 2. That said abandonment and partial release of the utility easement is
expressly conditioned on the certification, in writing, of "no objection" from all affected utilities
and the City of Friendswood's Public Works Department.
Section 3. That the Mayor and City Secretary are hereby authorized and directed to
execute and attest, respectively, that certain "Partial Release of Utility Easement" by and between
the City and Mr. and Mrs. Thomas Echols in substantially the same form as the "Partial Release
of Utility Easement" attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED, APPROVED, and RESOLVED this 7th day of April 2008.
r-
aved 4HSh
Mayor
ATTEST:
F
Delbris McKenzie, TRMC
City Secretary
R2008-34 2
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PARTIAL RELEASE OF UTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF GALVESTON §
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, a fifteen (15) foot wide utility easement was dedicated to the City over and
across the rear of the property located at 3024 Bridle Path, Friendswood, Texas; and
WHEREAS, it came to light that a residential structure being built encroaches on the
dedicated utility easement at the rear of the property as much as nearly four (4) feet; and
WHEREAS, the Building Official approved temporary power to the structure based on
the agreement of the property owners to pursue cure of the encroachment issue; and
WHEREAS, Mr. and Mrs. Thomas Echols, property owners, petitioned the City to
release that portion of the utility easement to cure the encroachment issue; and
WHEREAS, on April 7, 2008, the City Council of the City of Friendswood considered
and approved a "Partial Release of Utility Easement" to the property owners, to aid in the
completion of the structure;
NOW THEREFORE, the City of Friendswood, Texas ("Grantor"), in order to cure the
encroachment issue and clarify title to Mr. and Mrs. Thomas Echols, property owners (Grantees),
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, does hereby partially release and abandon all
rights owned by it under said utility easement insofar as they might affect or pertain to the
following described land in Galveston County, Texas:
Being the north five (5) feet of an existing fifteen (15) foot wide utility easement situated at the
rear of 3024 Bridle Path Lane, being Lot 7, Block 2 of Sterling Ridge Estates, a subdivision in
Galveston County, Texas, according to the plat thereof, recorded in Volume 2007A, Page 124, of
the map records of Galveston County, Texas, on or about August 17, 2007. Said easement area
to be released is more clearly shown on the drawing attached hereto and made a part hereof.
The undersigned warrants that the undersigned has full right, power and authority to
execute and deliver this Partial Release of Utility Easement on behalf of Grantor.
Grantor makes this abandonment and partial release of the utility easement expressly
conditioned on receipt, in writing, of "no objection" letters from all affected utilities and the City
of Friendswood's Public Works Department.
EXECUTED this 7 day of April, 2008.
CITY OF FRIENDSWOOD, TEXAS:
By:
David Smith, Mayor
ATTEST:
.*OF FRiElyO�
7�4 i�O
De oris McKenzie, TRM
V C
City Secretary
�4rF OF 'i�+P9�
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared David Smith for the
City of Friendswood, Texas, on behalf of said governmental entity.
MELINDA K. WELSH
� " 55TV O PUBLIC
;;� i'E OF TEXAS
By: '�F My Commission Expires 02-20.2009
Notary Public in and for the State of Texas.
Acknowledged on this the
I -R,
day of
APR t" , 2008 by:
Thomas Echols, Property Owner Cheryl Ec s, Property Owner
AFTER RECORDING, PLEASE RETURN TO:
Deloris McKenzie, TRMC
City Secretary
910 S. Friendswood Drive
Friendswood, TX 77546
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3024 BRIDLE PATH LANE
(60' R.O.W.)
F.I.R. 5/8'
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AREA OF
ENCROACHMENT \
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F.I.R. 1/2- S 89'49'02" W 316.94 F.I.R. 1/2'
RESTRICTED RESERVE "B"
HIGH NATURAL GRADE = 39.42 EDGE OF 60' ESMT.
LOW NATURAL GRADE = 39.03 (VOL 1715, PG. 55 G.C.D.R.)
CENTERLINE OF STREET ELEV. = 37.22
TOP OF FORM ELEV. = 40.44
Reviewed & Accepted by: Date / Date
BUYER THOMAS R. ECHOLS AND
PROPERTY ADDRESS 3024 BRIDLE PATH LANE
CHERYL L. ECHOLS
LEGAL DESCRIBED PROPERTY
LOT 7, BLOCK 2, FINAL PLAT OF STERLING RIDGE ESTATES, A SUBDIVISION IN
GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED
IN VOLUME 2007A, PAGE 124, OF THE MAP RECORDS OF GALVESTON COUNTY, TEXAS.
NOTES:
- BEARING BASIS: PLAT
SUBJECT PROPERTY DOES NOT LIE IN A F.I.A.
- SUBJECT TO ANY AND ALL RECORDED AND
DESIGNATED FLOOD ZONE AS PER FLOOD MAP NO:
UNRECORDED EASEMENTS �. F %�
- SURVEYOR HAS NOT INDEPENDENTLY '�
PROPERTY
eR�c.'•
485468 0005E 9-22-99 ZONE X
- UNTRACTED
DERGROUND UTILITY INSTALLATIONS, A,Q:'•�G\S�
�1,�!17'•.�fl
UNDERGROUND IMPROVEMENTS, FOUNDATIONS �J;'
FLOOD INFORMATION IS BASED ON GRAPHIC PLOTTING ONLY,DUE TO
AND/OR OTHER UNDERGROUND STRUCTURES WERE •••'••••••••••••••••••.•••
INHERENT INACCURACIES ON FEMA MAPS, WE DO NOT ASSUME
NOT LOCATED BY THIS SURVEY TOBY P. COUCHMAN
RESPONSIBILITY FOR EXACT DETERMINATION.
- THIS SURVEY IS CERTIFIED FOR THIS ..........................
TRANSACTION ONLY, IT IS NOT TRANSFERABLE TO '• '0
ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS •'• 5 6 P:'
®2007 PRO -BURN SURVEYING COMPANY
INVOICE/ 0708318*
0708318
-SUBJECT TO RESTRICTIVE COVENANTS AS PER '• F G'
TITLE COMMITMENT
'
- EASEMENT FOR MINOR ENCROACHMENTS S
G.F./ 2007FW117442-T
DATE 9-13-07
RECORDED UNDER CLERK'S FILE NO. 2007054378.
REV. 1-8-07
PRO S U RV
HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE
'GROUND
FIELD WORK
GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON (OR ON
ATTACHED SHEET), AND THERE ARE NO ENCROACHMENTS EXCEPT AS
SHOWN, AND WAS DONE BY ME OR UNDER MY SUPERVISION, AND
CONFORMS TO OR EXCEEDS THE CURRENT STANDARDS AS ADOPTED BY
THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING.
P.O. BOX 1366
FRIENDSWOOD,TX 77549
PHONE- 281-996-1113 Fax - 281-996-0112
DRAFTING
HG
FINAL CHECK
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
f 11 2008021921
April 22, 2008 10:36:20 AM
FEE: $28.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
0