Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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).
Compiled by:
C.L.Davis&Company
Job Number: 11-846 Esmt 5-REVISED.doc
1 Q-12 2006
REVISED: 03-24-09
11-846 Esar►t 5-REYIS�D.dot
� � NQ
� �W
��g � O a� �
� �� t+t ►— z
iS W �j0 $
-��� �E71 �j� �
� � o�y � ��O 8
Ww �x � ��� !
�S�j �
u� �a ���
. Q� t,�1. 5� w c°n� �
; � � � A° � ��g �
/ / o �� � ��o y�
� �w S�
�
m / � ��
\
�C \ ��y
W \ '��
� �� � �
\ `yd'�, �� a
\ y A� ��M
j�Q���
� ��',S+ � `�i <�^
� �� � \ � �� �
�
�� �;�
� ,�
� o �� �r�- {.�
ti���_'; � ��oJ e�*
� �$� ��i d'��y, \ � c�
�
� �� ��� � �"�y �
�i �
, � J pp
�� / � N r
•` / w �
~ W L
� f''----�"'_'.� ����� « ��.�
�� �Y^��� ' �� � '��
��._ e � �
W _ z�, 2 N
L� O� N �h
� � �Y„ � ' �r�� � N h
� � � �� z t�Z
� �$� � �N� U �' t* V��� W W $ 3 W�W.W �+ � * '
�}�.� � � J �t/10 v ^.`� �.� ae�".��.b ' .�
��;�Q��� 0 1 1 h .h : �i,� �i. �t �
o -
��g ��$ W �� � . z�a5�y �i � S5 ii � d `� �d
� � � � > � 1
" ^I �c� 4 Y � � � � � t� � � � � �� � � ff
w ` � -
����V `-''��4� r j � � � `� J J J .1� J J�J � C> CS
gr��� � u
bl W � r �� � I
�`r ,�, �� � � I
^^ � ' U �� ^ I � �
�� �� � $� �� � �� R � �� �� � a
� �� .�� I � � � � � �
�� �'� ��' �7",� � i � 1 ,"�� � �� ts � ����
��"�-'^ ct3 �'i � � � �S . � � i
� �^o� �ii � X ° � � ��� �� � ,3 � � ��i �/5��
�� �� �O�N . � i,�� I ���5 �� . � ��. �.. . 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