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Home My WebLink AboutResolution No. 2008-71RESOLUTION NO. R2008-71 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 FRIENDSWOOD INDEPENDENT SCHOOL 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 Wilderness Pines Drive, more specifically described as being 13,894 square feet out of Lot 1, Block 1, of the Friendswood High School Expansion plat as filed in Plat Record 18, Map No. 990 of the Galveston County Map Records, 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. id J. H. Smith Mayor ATTEST: elo is McKenzie, TRMCI C City Secretary # f R2008-71 2 III I i 0 11 l li l II II(II I II I III 11((I i III 2008063292 6 PGS ENTITY AS GRANTOR POTABLE WATER LINE EASEMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § KNOW ALL MEN BY THESE PRESENTS: THAT FRIINDSWOOD INDEPENDENT SCHOOL 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 repairing and maintaining a 16"underground potable water pipeline in, under, over, along, upon, and across that certain 13,894 square foot tract of land, more or less ("Easement'), same being more particularly described in Exhibit "A" attached hereto and for all things made apart hereof. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain a 16" underground potable water pipeline within said Easement and to operate thereon all necessary machinery and equipment to efficiently prosecute such 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 materially interfere with or prevent the use by Grantee of the Easement for the purposes stated herein. Grantee agrees that following any construction, reconstruction, ACCEP ED GRANTEE: David J.H. Smith, Ma or ATT T : O� 0� i �� O v a Deloris McKenzie, TRMC City Secretary * # ADDRESS OF GRANTEE: City Secretary's Office City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this oZ-6 day of April, 2008, by Zt-y-1 i ^ &1ZZt 3a , acting in ham' capacity as flIV6 'Pkk7S %7E/Yi of and on behalf of FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT. •'.��►�s' NANCY L DYESS * " NOTARY PUBLIC Texas ''��o:•�` State of Exp. 06-27 2012 Comm. Notary Pubhol7�6r the State of Texas My ComnnssionExpires: 11 alteration, repair or maintenance activities within the Easement, Grantee will, to the extent reasonable and feasible, restore the surface of the Easement to its pre-existing condition. 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 ri&s and privileges relating thereto, shall terminate when the Easement, as described above, is abandoned by adoption of an Ordinance abandoning 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 IN WITNESS WHEREOF, this instrument is executed this day of Aprn1, 2008. GRANTOR: FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT 1) EXHIBIT "A" EASEMENT 10 METES AND BOUNDS DESCRIPTION 13,894 SQUARE FEET OUT OF LOT 1, BLOCK 1 FRIENDSWOOD HIGH SCHOOL EXPANSION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 13,894 square feet out of Lot 1, Block I Friendswood High School Expansion according to the plat thereof as filed in Plat Record 18, Map No. 990 Galveston County Map Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Beginning at a found 5/8" iron rod marking the most northerly east corner of Wilderness Trails Section III according to the plat thereof filed in Plat Record 18, Map No. 293 Galveston County Map Records and marking a point on the southerly right-of-way line of Falling Leaf Drive; Thence N 41 ° 40' 08" E — 24.22' with the said southerly right-of-way line of Falling Leaf Drive to a point for corner; 2. Thence S 13° 59' 02" E — 273.32' to a point for corner; 3. Thence S 48' 20' 31" E — 422.04' to a point for corner; 4. Thence S 41 ° 40' 09" W — 20.00' with the most westerly line of that certain 15' wide utility easement as filed in the Official Records of Real Property of Galveston County at Clerk's File Number 99-26401 to a point for corner; 5. Thence the following (2) courses with the common westerly line of said Friendswood High School Expansion and the easterly line of said Wilderness Trails Section 3; 6. Thence N 48' 20' 31" W -- 428.22' to a point for corner; 7. Thence N 13° 59' 02" W — 265.83' to the POINT OF BEGINNING and containing 13,894 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: l I - 8 8 8 Easement 10 M&B.doc 10-15-2007 11-888 Easement 10 M&8.doc (n z ^aX o o�W o En wWw333 z ^ Li z �~ $ LLI I- O zQ V zooro$.�o 3 Z x z t�Cl N pNp u�f Z f- =o W O 4J O 0 = 8 co dim aLLI /V�yy0 m W O o�0U o F1x1^-1I w NNNNNoa,NoZ�N nU�b z taZ m Q WW LuM 2c9QEz�n iJt OOOW m.J N�bi U]a Q� _'60 W (n0 �� w v)oo� o b in d H p 8 O w N(� n u �� J Z A A Q cq 3 wo d o j JJ�.1 J'JJ �\y II �WLLJ az M V)af q to ^IIII L� Ua `z z o �n w Lei..-" 1N3w3sv3 a31vm .s N HNye doi 3 5g I I l (do79 t-nzrtW — I w V w � 06) i3nva� 5 I JNaw3ss3 �,naa .az '�' p � °- p r $� yi N o�-W('JW wZV -2 iV0.,0 t019C661 - 1—.`-NN'd@ d01_ I Z W> Z „I m 1 N3R35Y3 N(wt .i+--^NNYa d01� � , Z O O W O Q b5 a O W O OJ O C11 W, Q 0, Cf h CnW / Q a' W (wJ m �(71w'�'o £6Z 'N'w 'BI -!jd) m J Q OF moo) oa n rNs 'et 'a'd) �acano3 a+ y U �Q�o�°ag wo � � � •, HN - J� a OJ \ \ O O 3 O U1 \ \\ W = W OO O aWD^ d \\ \\ cc d ¢ry $lob umx0 wn¢° z C) QOmQ� N yw a \ l'u4JLU a oto> mn 'o \\ \ (�n(k�tn�toLo ri \\ \ nu la a O Zm pa�U J 3J 7 tn�F� Uz>_ U \ $ C roy z w�Now aoNcl w wzd t¢IWP, gwgzn xto z Ono an a 8 \ \\ IY In° 3¢ zoF Imz rvlatn 0 o Oe USD oo �O �coco wz o¢ El BIZ ...._}�. <� ow�zo �ooa a 30 z �zdaa u m \ VU WWW OW WJmine xzms _4J AHO1S OMl o a` w� x4 aw z _ y6, a m�iY �� 3N� Ir W to OQ t' ?'�WapaW i maw z 0 S i�a<o 2 wt- WwV / 1 mx tn� Q VtnW Ot,� u ,Y F k`\\4•g �i �.��`^ NN mow' Qom d° RLL s�', y..b Z 21, z trn zz ~ o ci o° - $, a te\\ f \l 7 MZ � 0Ov j¢Z °z�= �n ann bwre.sza < m u o ISm °o°o o� ,2 �r �o No sWo Z=¢ R "'°1H3N35'13 °� l31•`1tl° O m0� ° 0- U •� OY r° t7irva mtnw mnv"i �3> 3FA7J1YN0 .Ll - Lj w 0 w Z w a W O a x O W S W O S W 2 2 7 YZ_ F —Ay -~ Z d31J_a F 1 - 1N3w3�Vd 1�'/MfY 'ii�%//i 3MM0 lY37 MnW-4 FILED AND RECORDED ,SASE _,Oa �5 m. OFFICIAL PUBLIC RECORDS 2008063292 November 25, 2008 03:11:19 PM FEE: $32.00 Mary Ann Daigle, County Clerk Galveston County, TEXAS