HomeMy WebLinkAboutResolution No. 2008-93RESOLUTION NO. R2008-93
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 PURCHASE OF SAID EASEMENT FROM WILLIAM
S. AND CONSTANCE J. O'KEEFE, PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood now finds and determines that
public convenience and necessity requires the City of Friendswood to acquire a right-of-way
easement over and across a tract of land containing 3,871 square feet for the construction,
installation, maintenance, operation, inspection, replacement, repair, and removal of certain
public utility lines in the City of Friendswood, Texas, a more specific description of said 3,871
square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (herein after
the "Land"); 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 lsc day of December, 2008.
Dav J. H.4SA�h
Mayor
ATTEST:
De oris McKenzie, T C
City Secretary
0
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**Easement document att i
A
a
hereto
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R2008-93 2
6 PGS
2008066239
THE STATE OF TEXAS
COUNTY OF GALVESTON §
POTABLE WATER EASEMENT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT William S. O'Keefe and Constance J. O'Keefe ("Grantors"), for and in
consideration of the sum of two thousand five hundred dollars ($2,500.00) and other good and
valuable consideration in hand paid to Grantors 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, 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, reconstructing,
altering, and maintaining underground potable water facilities in, under, over, along, upon, and
across that certain 3,871 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. 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,
RESOLUTION NO. R2008-93
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 PURCHASE OF SAID EASEMENT FROM WILLIAM
S. AND CONSTANCE J. O'KEEFE, PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood now finds and determines that
public convenience and necessity requires the City of Friendswood to acquire a right-of-way
easement over and across a tract of land containing 3,871 square feet for the construction,
installation, maintenance, operation, inspection, replacement, repair, and removal of certain
public utility lines in the City of Friendswood, Texas, a more specific description of said 3,871
square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (herein after
the "Land"); 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
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared William S.
O'Keefe, 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 and r hand and seal of office, this
OVA MN MXLER
My° o res
1a June 13,
THE STATE OF
2
COUNTY OF GALVESTON §
of OctoJ m 2008.
In and For the State of Texas
Commission Expires: November 3, 2011
BEFORE ME, the undersigned Notary Public, on this day personally appeared Constance J.
O'Keefe, 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.
GIV r m seal of office, this � of Oct er, 2008
ryVL
MONM'► ANNrftW MILLER Notary Public In and For the State of Texas
My Corm�ission Expires
.lone 13, 2010
My Commission Expires: November 3, 2011
ACCEPTED BY GRANTEE:
J"J.H. Smith, ayor
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
3
ATTEST:
/D`41or-iisMcKenzie', TR
City Secretary
o a,
.3
Exhibit A
(R2008-93)
EXHIBIT "A"
EASEMENT 3
METES AND BOUNDS DESCRIPTION
3,781 SQUARE FEET OUT OF
LOT 9, BLOCK 1
MUSTANG MEADOWS
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 3,781 square feet out of Lot 9, Block 1, Mustang Meadows according to the plat
thereof as filed in Plat Record 15, Map No. 14 Galveston County Map Records, Friendswood.
Galveston County, Texas and being that same 10' strip described as a 10' drainage easement
access for maintenance as filed in Plat Record 15, Map No. 14 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);
Commencing at a found 5/8" iron rod marking the most northerly east comer of said Mustang
Meadows and marking a point on the southerly right-of-way line of Falling Leaf Drive; Thence
S 410 46' 58" W — 1,120.00' with the southeasterly line of said Block 1, Mustang Meadows to a
found 5/8" iron rod with cap (stamped C. L. DAVIS-RPLS 4464) marking the east corner of said
Lot 9; Thence N 47' 52' 44" W — 30.00' with the northeasterly line of said Lot 9 to the POINT
OF BEGINNING of herein described tract;
1. Thence S 410 46' 58" W — 380.90' with the northerly line of a 30' drainage easement as filed
in Plat Record 15, Map No. 14 Galveston County Map Records and the southerly line of said
10' drainage easement access for maintenance to a point for corner;
2. Thence N 18' 47' 14" W — 11.48' with the southwesterly line of said Lot 9 to a point for
corner;
3. Thence N 410 46' 58" E — 375.32' with the northerly line of said 10' drainage easement
access for maintenance to a point for comer;
4. Thence S 470 52' 44" E — 10.00' with the northeasterly line of said Lot 9 to the POINT OF
BEGINNING and containing 3,781 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 3 M&B.doc
10-15-2007
11-888 Easement 3 M&B.doc
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FILED AND RECORDED
0f r OtF�FIICIAL PUBLIC RECORDS
a ff 20@8@66239
December 15, 2008 01:36:46 PM
FEE: $32.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS