HomeMy WebLinkAboutResolution No. 2008-81RESOLUTION NO. R2008-81
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 DEEPWOOD FORCE MAIN PROJECT; APPROVING
THE PURCHASE OF SAID EASEMENT FROM THE FALLS AT
FRIENDSWOOD, LLC, 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 1.6968 acres 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 1.6968 acre 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 201h day of October, 2008.
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D id J. H. Mnith
Mayor
ATTEST:
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D LorisMcKezi
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City Secretary k* k " J*
R2008-81 2
the sum of ten dollars ($10.00) 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
sanitary sewer facilities in, under, over, along, upon, and across that certain 1. A 6 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 sanitary sewer 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
ENTITY AS GRANTOR
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THE STATE OF TEXAS
COUNTY OF GALVESTON §
20090047546
SANITARY SEWER EASEMENT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT ► � ` ("Grantor"), for and in consideration of v
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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 Grantor binds itself, its successors 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 Q3 day of
ACC BY GRANTEE:
David J.H. Smith, Mayor
ATTWT :
r
Deloris McKenzie,
City Secretary
ADDRESS OF GRANTEE:
CITY OF FRIENDSWOOD
Ann: City Secxetary
910 S. FrWndswood Drive
FrWndswood, TX 775464856
2
State of California
County of Orange
On before me, L. Fox, Notary Public, personally appeared Douglas B. Gray, who proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my. h d official seal.
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L. Fox
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At the time of recordation, this instrument was found
to he inadequate for the best photographic
reproduction because of illegibility, carbon or photo
copy, discolored paper, etc. All blackouts, additions
and changes were present at the time the instrument
was filed and recorded.
FILED FOR RECORD
8:00 AM
FEB - 6 2009
County Clerk, 'Harris Co
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Records of Real Property of Harris County at Clerk's File Number K-384682, Film Code Number
037-6M518 to a point for comer;
11. Thence N 45' 44' 33" W — 1,651.55' to a point marking the beginning of a curve to the left having a
radius of 990.00' and a central angle of 14' 4 1 ' 09';
12. Thence with said curve an are distance of 253.75` and a chord bearing and distance of
N 53' 05' 08" W — 253.06' to the point of tangency;
13. Thence N 60' 25' 42" W — 340.56' to a point marking the beginning of a curve to the left having a
radius of 990,00' and a central angle of 53' 19' 09".
14. Thence v ith said curve an arc distance of 921.29' and a chord bearing and distance of
N 87' 05' 17" W — 888.40' to the point of tangency;
15. Thence S 66' 15' 09" W — 314.50' to a point for comer;
16. Thence N 46' 147 S 1' W — 181.17' to a point for corner;
17. Thence N 02' 40' 42" W — 33.57' to the POINT OF BEGI NN1NG and containing 1.6968 acres
(73,911 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: 11-846 Esmt Tdoc
10-12-2006
11-846 ESmt 7
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL. OR USE OF THE DESCRSED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS MAX AND a ENFORCEASLE UNDER FEDERAL LAW,
THE STATE OF TEXAS
COUNTY OF HARfRIS
I ofrfflf cM4 tit IN Osnmmt wff FILED n Fie NYmQY Soom m mf d* end rt % �w
sbmped deftm q as; sm m dory RECORDED. N aw Offlpu Pubic Rfwfm of R"I Pmpem of Hst
Cart, Tax m
FEB - 6 1009
/COUNTY CLERK
HARRIS COUNTY, TEXAS