HomeMy WebLinkAboutOrdinance No. 2009-06 (� ('Title: An ordinance abandoning ROW easement to Galveston County.)
ORDINANCE NO.2009-06
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, FINDING
AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A FIVE
THOUSAND, TWO HUNDRED FOUR SQUARE FOOT TRACT OF LAND
BEING A PUBLIC UTILITY EASEMENT OUT OF THE SARAH
MCKISSICK LEAGUE, ABSTRACT NO. 151, WITHIN THE CITY OF
FRIENDSWOOD, GALVESTON COUNTY, TEXAS; VACATING,
ABANDONING, AND CLOSING SAID PUBLIC UTILITY EASEMENT;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
SECRETARY TO ATTEST, RESPECTIVELY, A QUITCLAIM DEED
CONVEYING SAID ABANDONED EASEMENT TO GALVESTON
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Galveston County, Texas, a political subdivision of the State of Texas, acting
�) by and through its county commissioner's court, and the property owner of the subject property,has
petitioned the City of Friendswood, Texas, to vacate, abandon, and close the hereinafter described
public utility easement; and
WHEREAS, the City Council has determined that such public utility easement is no longer
necessary for public convenience and necessity and should be vacated, abandoned, and closed;now,
therefore;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and recitations set forth in the preamble of this Ordinance arel
hereby found to be true and correct.
I
Section 2. The City Council of the City of Friendswood, Texas, hereby finds and
detemunes that public convenience and necessity no longer require the continued existence of that
1
portion of the easement described in Section 3 hereof.
I
r Section 3. The public utility easement, more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purposes, located within the City of Friendswood,
Galveston County,Texas,is hereby vacated,abandoned, and closed.
Section 4. The Mayor and City Secretary are hereby authorized to execute and attest,
respectively, a quitclaim deed, conveying the hereinabove described abandoned easement to
Galveston County, Texas.
Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas, declares that it would have passed each and every
part of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 20'h day of Anril,2009.
PASSED, APPROVED, and ADOPTED on second and final reading this 4'h day of
May,2009.
David J. H. Smith f
Mayor
ATTEST:
cF FRIEN�s
A6, -�',-- - - ' o
G
D oris McKenzie,T C * e o
r City Secretary
_.1 SjgTE OF T�•l,Q�
Ord.2009-06 2
Exhibit A �1
(Ord. 2009-06)
SANITARY SEWER EASEMENT
THE STATE OF TEXAS
§ I
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON § !
THAT GALVESTON COUNTY, a political subdivision of the State of Texas, acting by
and through it's county commissioner's court, hereinafter referred to as "Grantors," for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration,in hand paid by the City of Friendswood, a home rule municipal corporation located
in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee," the receipt and
sufficiency of which is hereby acknowledged,have GRANTED, SOLD, and CONVEYED, and by
these presents do 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 an underground storm sewer system in, under, over, along, upon, and across that
certain 5,204 square feet of land,more or less,same being more particularly shown and described in
Exhibit"A"attached hereto and for all things made a part hereof.
TO HAVE AND TO HOLD, subject to the limitations set forth below,the above-described
easement,together with all and singular the rights and appurtenances thereto in anywise belonging,
including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors,
assigns, and legal representatives forever. Grantee may do and perform all acts necessary to
construct, reconstruct, repair, relocate, or maintain storm drainage improvements on said easement
and operate thereon all necessary machinery and equipment to efficiently prosecute the work.
Notwithstanding any other provision contained herein to the contrary, the easement
granted hereby is subject to the following:
I
I. Grantors shall retain the right of ingress and egress over and across the
permanent easement granted and conveyed hereby, but agree that no
building shall be placed in, on or within said easement;
2. Grantors shall retain title to all of the oil, gas, sulfur and other mineral
interests in and under said easement, but expressly waive any and all
rights of ingress and egress to the surface thereof for the purpose of
exploration,developing, mining,
3. Grantee shall at all times, after doing any work in connection with the
construction, reconstruction, repair, replacement or removal of said storm
drainage structures, restore the surface of both the temporary construction
easement and the permanent easement to the condition in which the same
were found before such work was undertaken.
This conveyance shall be subject to any and all matters of record which affect title to the
property referred to herein.
IN WITNESS WHEREOF, this instrument is executed this 4th day of
Apr91 ,2007.
GRANTORS:
COUNTY OF GALVESTON
AJamsM4. •brougl7 unty Ju e
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2
GRANTEE:
City of Friendswood,Texas
I
By:
i I H. Smith
Mayor
ATTEST:
By:
De oris McKenzie,TRl C
City Secretary
p� flllEAlpd
p�� Opp
ADDRESS OF GRANTEE:
•
City of Friendswood,Texas F OF
910 S.Friendswood Drive
Friendswood,Texas 77546
I
3
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
I
BEFORE ME, the undersigned Notary Public, on this day personally appeared
James D. Yarbrough, County Judge of Galveston County, Texas, known to me to be the
person and official whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes expressed, and in the
capacity therein stated.
"' GIVEN under my hand and seal of office,this L/"'d'a y of April,2007.
C. 4.
Notary blic In and For the State of Texas
Cr i q; F-
;; l-30�oDl
M Commission Expires:Y P
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
David J. H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of said City and that he executed the same
as the act of such city for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN under my hand and seal of office, this _ day of
2007.
After Recording, Please Return to Notary Public In and For the State of Texas
Property Acquisition Services
19855 Southwest Freeway, Suite 200 My Commission Expires: G a ar, a3
Sugar Land,TX 77479
ffmycomMissbn MELINDA K.WELSH
4 NOTARY PUBLICSTATE OF TEXAS
&piMS 02-20-2oN9
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EXHIBIT"A"
EASEMENT-5
METES AND BOUNDS DESCRIPTION
5,204 SQUARE FEET OUT OF
SARAH MCKISSICK LEAGUE,ABSTRACT NO. 151
FRTENDSWOOD,GALVESTON COUNTY,TEXAS
All that certain 5,204 square feet out of Sarah McKissick
woocL
Galveston County,Texas and being out of that certain tract as described in Abstract dNumber
�d 05-17-971 from SERA Country Club, Inc. to County of Galveston as filed in Book.2183, Page 396 Galveston County
Deed 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 1/2" iron pipe marking the south end of the most northerly west line of Lot 17,
Replat of Pilgrims Point according to the plat thereof as filed in Volume 15,Page 182 Galveston County
Map Records; Thence N 64' 38' 29"E-344.23' with the most northerly west line of said Lot 17 to a
point for comer, Thence S 84' 29' 59"E-20859' to a point for comer, Thence S 85' 11' 11" E-
666.06' to a point for comer, Thence N 87' 04' 35" W - 66.62' to a point for comer, Thence
N 88'45' 18"E-80.32' to the POINT OF BEGINNING of herein described tract;
1. Thence N 11' 13' 15"E-20.70' with the edge of water of Clear Creek to a point on a curve to the
left having a radius of 990.00, and a central angle of 15'09' 13';
2. Thence with said curare an arc distance of 261.83' and a chord bearing and distance of
N 78'35'41"E-261.07'to a point for comer;
3. Thence S 15'47' 27"W-24.23'with the edge of water of Clear Creek to a point on a curve to the
right having a radius of 1,010.00'and a central angle of 14'40'27';
4. Thence with said curve an are distance of 258.68' and a chord bearing and distance of
S 79'08' 21"W-257.97'to the POINT OF BEGINNING and acre)of land more or less. containing 5,204 square fed(0.1195
This metes and bounds description is accompanied by a separate plat;drawing or exhibit per Texas Board
of Professional Land Surveyor's"Geueral Rules of Procedures and practices"Section 663.19(9).
Compiled by:
C.L.Davis&Company
Job Number. 11-846 Esmt 5.doc
10-12-2006
11-846 Esmt 5
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FRIENDSWOOD, GALVESTON COUNTY. TEXAS
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I' 2009026513
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�,�,,IIIIIIIIIIIIIIIIII 8 PGS
STATE OF TEXAS §
§ QUITCLAIM DEED
COUNTY OF GALVESTON §
The City of Friendswood, Texas, as Transferor, for a good and valuable consideration
received, QUITCLAIMS, TRANSFERS AND ASSIGNS to GALVESTON COUNTY, TEXAS,
a political subdivision of the State of Texas, by and through its county commissioner's court,
whose mailing address'is 600 59th Street, Galveston, Texas 77551, as Transferee, all Transferor's
right, title, and interest in and to that certain tract or parcel of real property located in Galveston
County, Texas, more particularly described in Exhibit "A" attached hereto and made a part hereof
for all purposes.
TO HAVE AND TO HOLD all of Transferor's right, title, and interest in and to the
Property, together with all and singular the rights an appurtenances belonging in any way to
Transferor, by Transferee and Transferee's heirs, successors and assigns forever. Neither
Transferor nor Transferor's successors or assigns shall have, claim, or demand any right, title, or
interest in all or any part of the Property.
EXECUTED this 4 day of May , 2009.
TRANSFEROR: CITY OF FRIENDSWOOD,
TEXAS
By. id J. H. Smi , Mayor
STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the 4 day of May 2009 by David J.
H. Smith,Mayor of the City of Friendswood,Texas.
K-uwgt
Notary Public, State of Texas
MELINDA K. WELSH Melinda K. Welsh
4. NOTARY PUBLIC STATE OF TEXAS Notary's Printed Name
Ay CWAft n E0w 02-142a13
Commission Expires: 02/20/2013
ADDRESS OF GRANTEE: AFTER RECORDING RETURN TO:
GALVESTON COUNTY,TEXAS City of Friendswood
Galveston County Commissioner's Court Attention: City Secretary
600 59th Street 910 S. Friendswood Drive ✓
!�� Galveston, Texas 77551 Friendswood, TX 77546
i
}
Exhibit A
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT GALVESTON COUNTY, a political subdivision of the State of Texas, acting by
and through it's county commissioner's court, hereinafter referred to as "Grantors," for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration,in hand paid by the City of Friendswood, a home rule municipal corporation located
in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee," the receipt and
sufficiency of which is hereby acknowledged,have GRANTED, SOLD, and CONVEYED, and by
these presents do 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 an underground storm sewer system in, under, over, along, upon, and across that
certain 5,204 square feet of land,more or less,same being more particularly shown and described in
Exhibit"A"attached hereto and for all things made a part hereof.
TO HAVE AND TO HOLD, subject to the limitations set forth below,the above-described
easement,together with all and singular the rights and appurtenances thereto in anywise belonging,
including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors,
assigns, and legal representatives forever. Grantee may do and perform all acts necessary to
construct, reconstruct, repair, relocate, or maintain storm drainage improvements on said easement
and operate thereon all necessary machinery and equipment to efficiently prosecute the work.
Notwithstanding any other provision contained herein to the contrary, the easement
granted hereby is subject to the following:
1. Grantors shall retain the right of ingress and egress over and across the
permanent easement granted and conveyed hereby, but agree that no
building shall be placed in, on or within said easement;
2. Grantors shall retain title to all of the oil, gas, sulfur and other mineral
interests in and under said easement, but expressly waive any and all
rights of ingress and egress to the surface thereof for the purpose of
exploration, developing,mining,
3. Grantee shall at all times, after doing any work in connection with the
construction, reconstruction, repair, replacement or removal of said storm
drainage structures, restore the surface of both the temporary construction
easement and the permanent easement to the condition in which the same
were found before such work was undertaken.
This conveyance shall be subject to any and all matters of record which affect title to the
property referred to herein.
IN WITNESS WHEREOF, this instrument is executed this 4th day of
April ,2007.
GRANTORS:
COUNTY OF GALVESTON
Jam s D. brough unty Ju e
2
GRANTEE:
City of Friendswood,Texas
By:
i J.H. Smith
Mayor
ATTEST:
By:
De oris McKenzie,TRi C
City Secretary
CF FRIINpa
po
ADDRESS OF GRANTEE:
City of Friendswood,Texas +t7 OF
910 S. Friendswood Drive
Friendswood,Texas 77546
3
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
James D. Yarbrough, County Judge of Galveston County, Texas, known to me to be the
person and official whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes expressed, and in the
capacity therein stated.
:r: ••.;. GIVEN under my hand and seal of office,this e'da y of April,2007.
\ (7 r, •ice =
W r•;s ; Notary eAblic In and For the State of Texas
My Commission Expires: Co'-��%?oo�
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
David J. H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of said City and that he executed the same
as the act of such city for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN under my hand and seal of office, this `_5 day of
2007.
After Recording, Please Return to Notary Public In and For the State
Property Acquisition Services
19855 Southwest Freeway, Suite 200 My Commission Expires: O a D6 2
Sugar Land,TX 77479
U—NELINDA K.WELSH
4 NOTARY PUBLICSTATE OF TEXAS
R MMiS9bnF*re902-20.2009
EXFIIBTT"A"
EASEMENT-5
METES AND BOUNDS DESCRIPTION
5,204 SQUARE FEET OUT OF
SARAH MCKISSICK LEAGUE,ABSTRACT NO. 151
FRIENDSWOOD,GALVESTON COUNTY,TEXAS
All that certain 5,204 square feet cut of Sarah McKissick League, Abstract Number 151, Friendswood,
Galveston County,Texas and being out ofthat certain tract as described in a deed dated 05-17-1971 from SERA Country Club, Inc. to County of Galveston as filed in Book.2183, Page 396 Galveston Co=Deed Records and being more particularly described by metes and bounds as fellows (bearings based on
Texas Coordinate System of 1983,South Central Zone);
Commencing at a found 1/2"iron pipe marking the south end of the most northerly west line of Lot 17,
RcPlat of Pilgrims Point according to the plat thereof as filed in Volume 15,Page 182 Galveston County
Map Records; Thence N 640 38' 29"E—34423' with the most northerly West line of said Lot 17 to a
point for comer, Thence S 840 29' 59" E — 208.59' to a point for comer, Thence S 850 11' 11" E —
660.06' to a point for comer, Thence N 870 04' 35" W — 66.62' to a point for comer; Thence
N 880 45' 18"E—80.32' to the POINT OF BEGINNING of herein described tract;
J' 1. Thence N 110 13' 15"E—20.70' with the edge of water of Clear Creek to a point on a curve to the
left having a radius of 990.00'and a central angle of 150 09' 13'
2. Thence with said curve an arc distance of 201.83' and a chord bearing and distance of
N 780 35'41"E—261.07'to a point for comer;
3. Thence S 150 47' 27 W—2423'with the edge of water of Clear Creek to a point on a curve to the
right laving a radius of 1,010.00'and a central angle of 140 40'27';
4. Thence with said curve an are distance of 258.68' and a chord bearing and distance of
S 790 087 21"W—257.97'to the POINT OF BEGINNING and containing 5,204 s
acre)of land more or less. 4 feet(0.1195
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 5.doc
10-12-2006
11-W Esmt 5
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FILE® AND RECORDED �
£=OF
`� r@ OFFICIAL PUBLIC RECORDS '
2009026513
May 19, 2009 09:53:54 AM
FEE: $40.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
FILED AND RECORDED
��ptE OP
OFFICIAL PUBLIC RECORDS
2009026513
May 19, 2009 09:53:54 AM j
FEE: $40.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS