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HomeMy WebLinkAboutResolution No. 2009-20 RESOLUTION NO.R2009-20 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; RATIFYING ACQUISITION OF SAID EASEMENT FROM GALVESTON COUNTY, 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 4,985 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 4,985 square foot 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 in exchange for the abandonment of a previously conveyed easement is approved and ratified. Section 3. The Mayor is authorized to execute any documentation necessary to accept, document, and record said Easement. PASSED,APPROVED,AND RESOLVED this 6th day of April,2009. avid J. H. th Mayor ATTEST: � �o� FR�ENp�`t � O De oris McKenzie, T C � v City Secretary * * s � ��TF oF T��' R2009-20 2 � � Exhibit A (R2009-20) SANITARY SEWER EASEMENT — 'TF�STATE OF TEXAS § _ § KNOW ALL MEN BY THESE PRESENTS: — COUNTY OF GALVESTON § _ m THAT GALVESTON COLINTY, TEXAS, a political subdivision of the State of Texas, N acting by and through its County Commissioners' Court, ("Grantor"), for and in consideration of the sum of ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid � m to Grantar by the City of Friendswood, Texas, a home rule municipal corporation of the State of N � 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 4,985 square foot tract of land, more or less ("Easement"), same being more particularly described in E�ibit "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 anywise belonging, including any necessary rights of ingress, egress, and regress 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. 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 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, and 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 which such work was undertaken. ST IN WITNESS WHEREOF, this instrument is executed this �� day of �{�jZC�I� ,2009. GRANTOR: COUNTY OF GALVESTON,TEXAS s D.Yarb o gh unty Ju ACCEPTED BY GRANTEE: vid J.I� St h, ayor ATTE : �O� FR�Ep��� � r o • � o v D loris McKenzie, �! * City Secretary �y, �9rF OF 'i��'P� 2 ADDRESS OF GRANTEE: City of Friendswood,Texas 910 South Friendswood Drive Friendswood,Texas 77546 ACKNOWLEDGMENT TI�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 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 ��i , 2009. �,��^�, Saw�Mnarin - . . NoTary Public �� a,�' ST"�oF t� N ublic nd or the State of Texas ExplaES 3-ib-2012 My Commission Expires: 5.��, _`� � � AFTER RECORDING RETURN T0: "' City of Friendswood c/o City Secretary's Offic 910 S. Friendswood Drive Friendswood, tX 77546 3 EXHIBIT"A" EASEMENT-5 METES AND BOUNDS DESCRIPTION 4,985 SQUARE FEET OUT OF SA24H MCKI3SICK LEAGLIE,ABSTRACT NO. 151 FRIENQSWOOD,GALVESTON COUNTY,TEXAS Atl that certain 4,9�5 square feet out of Sarah McKissick League, Abstract NUmber 151, Friendswood, Galveston Gounty,Texas and being out of that certain haet as described in a deed dated OS-17-1971 from SERA Country Club, Enc. to County of Galveston as filed in Boak 2183, P�ge 396 Galveston County Deed Records and bein�more particutariy described by metes and bounds as follows(bearings based on Texas Caordinate System of 1983, Sauth Central Zone); Commencing at a found 1/2" iron pipe marking the south end of the most northerly west tine of Lot 17, Replat of Pil;grims Point according to the plat thereof as filed in Volume 15, P�ge l 82 Galveston Counry M�p Recards; Thence N 64° 38' 29" E—344.23' with the most nartherly west line of said Lot l7 to a point for corner; Thence S 84° �9' S4" E — 2Q8.S9' to a point for corner; Thence S 85° 11' 11" E — 660.06' to a point for corner; Theace N 87° 04' 35" W — 66.62' ta a point for corner; Thence N 88°45' 18"E—80.32' ta the POINT OF BEGINNIIdG of herein described tr�ct; 1. Thence N 11° 13' 15" E—20.70' �vith the edge of water of Clear Creek to� point on a curve to the left having a radius of 990.OU'and a central angle of 02°26'41"; 2. Thence with said curve�n arc distance of 42.24'�nd a chord bearing and distance of N 84°56' S7"E —42.24'to a point for corner; 3. Thence N 83°43'36"E—207.9T to a point for carner; 4. Thence S 15°47' 27"W—2l.58' with the edge of water of Clear Creek to a point for carner; S. Thence S 83°43' 36"W-199.87'to a point on a curve to the right having a radius of I,OlU.QO' and a central angte of 02°44' S8"; 6. Thence with said curve an arc distanc�of 48.47'and a chord bearing and distance of S 85°06' 06"W —48.46'to the POINT OF BEGINNING and containing 4,985 square feet of land more or less. This metes and bounds descriprion is�ccompanied by a separate plat,drawing or exhibit per Texas Board of Professionai Land Surveyor's"General Rules of Procedures and Practices"Section 663.19(9). 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C... �� � � � a ��« „ o �o � �� � � � � "� � .� �� � •r ? J i � � �� � � g � �°o �� x�, �o� � ��� � �� � � "�� ���� � � << s� � �� � �� �� �,�. _ � �� � � � y� � � �� ��' �` L� ���R� ��R� ��� ��� �� � ���� y` "O� $_ « � : ,. b � � ! FILEQ AND R�C�RDED ���'�E �F OFFICIAL PUBLIC RECORDS �� z�' � �,� :�r r� � •� '" ;�-�d��.�, ,6�'��� �� U 2@09022172 April 30, 2009 09:11:21 AM FEE: $32.0� Mary Ann Daigle, Couhty Clerk Galveston County, TEXAS