HomeMy WebLinkAboutResolution No. 2008-92RESOLUTION NO. R2008-92
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 ZANE L. AND MARY K. LANTZ, 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 6,163 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 6,163
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 1" day of December, 2008.
David J. H. Smith
Mayor
ATTEST:
City Secretary
"Easement document attached
v
OF
R2008-92 2
2008066238
6 PGS
POTABLE WATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Zane L. Lantz and Mary K. Lantz ("Grantors"), for and in consideration of the sum
of three thousand four hundred dollars ($3,400.00) 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 6,163
square feet 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
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extent that the same are still in force and effect and enforceable against the same. The Easement,
along with all rights and privileges relating thereto, shall terminate when the Easement, as described
above, is abandoned by adoption of an Ordinance abandoning or 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 Grantors binds themselves, their heirs, executors, administrators 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 Grantors, but not otherwise
IN WITNESS WHEREOF, this instrument is executed this 13 day of November, 2008.
GRANTORS:
Zane L. Lantz
Mary K. tz
AC BY GRANTEE:
David J.H. Smith, Mayor
ATTE : OF r "rOa
v �00
nD oris McKenzie, TRMC * *
City Secretary �,,
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
2
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Zane L.
Lantz, 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 under my hand and seal of office, this4Z d/ of November, 200
-----------------------------
C,
AMY K. DiG-.Mi Notary Pu In and For the State Texas
�F g NOTARY STATE OMY COMMISSISJULY 9My Commission Expires: /MAR n
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Mary K.
Lantz, 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 th urposes and consideration therein
expressed.
ZI
GIVEN under my hand and seal of office, this N day )oNovember, 2008.
AA L
l
�►�� AMY K. BAUGH Not lic In and For the Stle of Texas
NOTARY PUBLIC
STATE OF TEXAS
f� MY COMMISSION EXPIRES
JULY 9, 201 My Commission Expires:
3
EXHIBIT "A"
EASEMENT 1
METES AND BOUNDS DESCRIPTION
6,163 SQUARE FEET OUT OF
LOT 7, BLOCK 1
MUSTANG MEADOWS
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 6,163 square feet out of Lot 7, 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 and
marking a point on a curve to the right having a radius of 271.88' and a central angle of
27" 10' 11'; Thence with said curve and the southerly right-of-way line of said Falling Leaf
Drive an arc distance of 128.93' and a chord and bearing distance of S 55' 22' 03" W — 127.72'
to the POINT OF BEGINNING of herein described tract;
1. Thence S 41' 46' 58" W — 625.55' 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 being located on the
southwesterly line of said Lot 7 and being located N 47° 51 44" W — 30.00' from the south
comer of said Lot 7 from which a found 1/2" iron rod bears N 55' 16' 47 E — 2.02' for
reference;
2. Thence N 47' 52' 44" W — 10.00' with the southwesterly line of said Lot 7 to a point for
comer;
3. Thence N 41 ° 46' 58" E — 607.68' with the northerly line of said 10' drainage easement
access for maintenance to a point for corner, said point being on a curve to the left having a
radius of 271.88' and a central angle of 04' 18' 15";
4_ Thence with said curve and the southerly right-of-way line of said Falling Leaf Drive an arc
distance of 20.42' and a chord bearing and distance of N 71 ° 06' 17" E — 20AT to the POINT
OF BEGINNING and containing 6,163 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 1 M&B.doc
10-15-2007
11-888 Easement 1 M&B.doc
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