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Home My WebLink AboutResolution No. 2008-98RESOLUTION NO. R2008-98 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 RONALD M. AND ROSEMARY C. DYER, 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 1,303 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 1,303 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 V day of December, 2008. r) t--� David J. H. Smith Mayor ATTEST: C� 0 eloris McKenzie, TRMC a City Secretary "Easement document attached hereto �'qTF OF R2008-98 2 IIIIIIIIIillllllilllllillllllllllllllllllllillliillllllilll 2008066234 6 PGS POTABLE WATER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Ronald M. Dyer and Rosemary C. Dyer ("Grantors"), for and in consideration of the sum of one thousand three hundred dollars ($1,300.00) 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 1,303 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 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 3 day of November, 2008. GRANTORS: Ronald M. Dyer Rosemary C. D AC CE GRANTEE: David J.H. th, Mayor ATT ��F FRIEp� 8 f V O De oris McKenzie, TRMC City Secretary gyp, 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 Ronald M. Dyer, 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 3 day of Nov ber 200(8t Notary Public In d For the State of Texas MISTY GLAZE My Commission Expires: Notary Public, State of Texas My Commission Expires February08, 2012 �4111HN THE STATE OF TEXAS COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Rosemary C. Dyer, 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. GIVEN under my hand and seal of office, thi 3 ove e , 200 , r Notary Publiq4n and For the State of Texa$ MISTY GLAZE My Commission Expires: Notary Public, State of Texas ,7� E}, My Commission Expires ":Fei� N February 08, 2012 3 Exhibit A (R2008-98) EXHIBIT "A" EASEMENT 4 METES AND BOUNDS DESCRIPTION 1,303 SQUARE FEET OUT OF LOT 10, BLOCK 1 MUSTANG MEADOWS FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 1,303 square feet out of Lot 10, 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 — 1,517.65' 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 10; Thence N 18' 47' 14" W — 34.45' with the northeasterly line of said Lot 10 to the POINT OF BEGINNING of herein described tract; 1. Thence S 41' 46' 58" W — 127.50' 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 47' 52' 44" W — 10.00' with the southwesterly line of said Lot 10 to a point for comer; Thence N 41' 46' 58" E — 133.08' with the northerly line of said 10' drainage easement access for maintenance to a point for corner; 4. Thence S 18' 47' 14" E — 11.48' with the northeasterly line of said Lot 10 to the POINT OF BEGINNING and containing 1,303 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. 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