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Home My WebLink AboutResolution No. 2009-31 RESOLUTION NO.R2009-31 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 CITY PARK WATERLINE EXTENSION PROJECT; APPROVING THE ACCEPTANCE OF SAID EASEMENT FROM JERRY 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 4,839 square feet for the construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines, a more specific description of said 4,839 square foot tract of land is attached hereto within 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 acceptance of such Easement for the herein stated purpose and has been able to agree with such owners as to the dedication 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 lg�day of June,2009. David J. H. mith Mayor ATTEST: o� pR�E/y�s � - � � o �'" ^ � v Deloris McKenzie, TRMC * * City Secretary s'�, y .qT� OF Sf�,�,P R2009-31 2 � � � �oc# 2�0�0�52�7 Exhibit A (R2009-31) "1 POTABLE WATER EASEMENT 1��1 b THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF BRAZORIA § THAT Jerry Moore ("Grantors"), for and in consideration of the sum of ten dollars ($10.00) 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 successars, 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 4,839 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 far 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 relarive 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 farever, 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�day of May,2009. GRANTORS: � �� Jerry Moare ACC D GRANTEE: 06/Ol/09 David J. . Smith, Mayor Date Council Approved ATTEST: �F FRIE/y0 � �, S � O +� � � � v Deloris McKenzie,T C * City Secretary * s ADDRESS OF GRANTEE: �rF OF TE�� J City Secretary 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 Jerry Moare, 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�day of 1��'2009. L -�%l No P i n and For the State of Texas My Commission Expires: j %�'' 1�MA��RM1��►��►�►i��Y� �HCV a.wua�R • Mo1xr Pub�ic.Sqte�i`�wp1 My COmn�fxpirlt 12-l7"� ......... 3 , . a ��, oo= � ! ��p° y og� �'n I 3p�E + 9 �fj A�� il .. ,I � ��' am o G i - � ,4S'EC I ' Ao� ° �' � � I io� .._ ....__. .__... E7 ._._ � I �,R$ I � I I g �� II �II i i � ..,. 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