HomeMy WebLinkAboutResolution No. 2008-97RESOLUTION NO. R2008-97
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 GEORGE E.
AND NONA J. HERRERA, 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 2,200 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 2,200
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 1st day of December, 2008.
0"
David J. H. Smith
Mayor
ATTEST:
C� F RUENo�
Deloris McKenzie, TIWC HOC
City Secretary v c
**Easement document attached hereto
of
R2008-97 2
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6 PGS
POTABLE WATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT George E. Herrera and Nona J. Herrera ("Grantors"), for and in consideration of the
sum of one thousand seven hundred dollars ($1,700.00) 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 2,200
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,
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
i VU �✓l �`�� , 2008.
GRANTORS:
GeorN E. He era
Nona J. Herrera
day of
.......,...........
... ..
LOB
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared George E.
Herrera, 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, this /� ay of//`C�l 08.
Notary Publi and For the State of T s
My Commis 'g�ic00000000
THE STATE OF TEXAS «�w AMY K. BAUGH
§ ��� `tig NOTARY PUBLIC
§ + STATE TEXAS
MY COMMISSION
EXPIRES
lXPIRlS
COUNTY OF GALVESTON § f,.� . JULY 9, 2011
BEFORE ME, the undersigned Notary Public, on this day personally appeared Nona J.
Herrera, 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.'— n
GIVEN under my hand and seal of office, this / day of / r/ - - , 20
Notary Publi and For the State of Tekds
ACCEPTED BY GRANTEE:
Da d J.H. Smith, Mayor
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
My Commission Expires:
AMY K. BAUGH
ATTEST: NOTARY PUBLIC
to
STATE OF TEXAS
MY COMMISSION EXPII JULY 9, 2011
City
10
3
Exhibit A
(R2008-97)
EXHIBIT "A"
EASEMENT 5
METES AND BOUNDS DESCRIPTION
2,200 SQUARE FEET OUT OF
LOT 11, BLOCK 1
MUSTANG MEADOWS
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 2,200 square feet out of Lot 11, 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 corner 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—1,628.40' 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 11; Thence N 47' 52' 44" W — 30.00' with the northeasterly line of said Lot 11 to the POINT
OF BEGINNING of herein described tract;
1. Thence S 41° 46' 58" W — 220.00' 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 comer;
2. Thence N 47' 52' 44" W — 10.00' with the southwesterly line of said Lot 11 to a point for
corner;
3. Thence N 41' 46' 58" E — 220.00' with the northerly line of said 10' drainage easement
access for maintenance to a point for corner;
4. Thence S 47' 52' 44" E — 10.00' with the northeasterly line of said Lot 11 to the POINT OF
BEGINNING and containing 2,200 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 5 M&B.doc
10-15-2007
11-888 Easement 5 M&B.doc
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