HomeMy WebLinkAboutResolution No. 2008-94RESOLUTION NO. R2008-94
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 LARRY
MOORE, PROPERTY OWNER.
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 22,573 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 22,573
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't day of December, 2008.
David J. H. Smith
Mayor
ATTEST:
Deloris McKenzie,
City Secretary
**Easement document attached
OF
R2008-94 2
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7 PGS
POTABLE WATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Larry Moore ("Grantor"), for and in consideration of the sum of fifteen thousand
eight hundred dollars ($15,800.00) 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, and maintaining underground
potable water facilities in, under, over, along, upon, and across that certain 22,573 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 facilities within said Easement and to operate thereon all necessary
machinery and equipment to efficiently prosecute the 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 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,
o
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 Grantor binds himself, his 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 Grantor, but not otherwise
IN WITNESS WHEREOF, this instrument is executed this 13th day of November, 2008.
6 e� 4
71, . --
Larry Moore
AC B GRANTEE:
1
I./ -
David J.H.-Smith, Mayor
De oris McKenzi TRM �
y00�
City Secretary v v
ADDRESS OF GRANTEE: . c OF
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
2
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Larry Moore,
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 13th day of November, 2008.
Aa- )-7% -
Notary Public In and For the State of Texas
PAR
JO . Y PL,e
My Commission Expires:
3
Exhibit A
(R2008-94)
EXHIBIT "A"
EASEMENT 9
METES AND BOUNDS DESCRIPTION
22,573 SQUARE FEET OUT OF
A. H. JACKSON SURVEY, ABSTRACT 128
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 22,573 square feet out of A. H. Jackson Survey, Abstract 128, Friendswood,
Galveston County, Texas and being out of that certain tract as described in a deed dated 02-24-2006
from Cindy Lu Claycomb, Executrix to M. E. Gordon as filed in Official Records of Real Property of
Galveston County at Clerk's File Number 2006-013280 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 west corner of that certain tract as described in a
deed dated 08-19-1991 from Donald E. Claycombe, et ux. to City of Friendswood, Texas as filed in
Official Records of Real Property of Galveston County at Clerk's File Number 91-30322; Thence
S 480 17' 00" E- 63.85' with the most easterly line of that certain tract as described in a deed
dated 01-20-2006 from Palms Properties, L.L.C. to Friendswood Cypress, LP as fled in Official
Records of Real Property of Galveston County at Clerk's File Number 2006-004677 to a found 3/8"
iron rod marking the POINT OF BEGINNING of herein described tract;
1. Thence S 48° 17' 00" E — 21.28' with the southwesterly line of said City of Friendswood tract to
a point for corner;
2. Thence S 61° 43' 00" W — 409.9V to a point for corner;
3. Thence S 48° 21' 11" E — 305.68' to a point for corner;
4. Thence S 52' 41' 14" E — 277.08' to a point for corner;
5. Thence S 76° 31' 59" W — 25.82' with the centerline of Chigger Creek to a point for corner.
6. Thence N 52° 41' 14" W — 4.96' to a point for corner;
7. Thence S 71° 53' 26" W — 22.44' to a point for corner;
8_ Thence N 48° 2V I I" W — 579.55' with the northerly line of that certain tract described in a deed
dated 01-09-1999 from Donald D. Claycomb, et ux. to Exxon Pipeline Company as filed in the
Official Records of Real Property of Galveston County at Clerk's File Number 99-07707 to a
point for corner;
9. Thence N 61 ° 43' 00" E — 431.23' with the most easterly south line of said Friendswood
Cypress, LP tract to the POINT OF BEGINNING and containing 22,573 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 9 M&B.doc
10-15-2007
11-888 Easement 9 M&B.doc
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