The URL can be used to link to this page

Home My WebLink AboutResolution No. 2009-48 RESOLUTION NO. R2009-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE GRANT OF A SANITARY SEWER EASEMENT ACROSS CITY PROPERTY LOCATED IN THE VICINITY OF WEST BAY AREA BOULEVARD RIGHT-OF-WAY AND BLACKHAWK, TO BAYBROOK MUNICIPAL UTILITY DISTRICT #1; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST THE EASEMENT BY AND BETWEEN THE CITY AND BAYBROOK MUD #1. � � � � � WHEREAS, Baybrook Municipal Utility District #1 has petitioned the City to grant a 0.0230 acre sanitary sewer easement across city property in conjunction with a sanitary sewer improvements project("Project"); and, WHEREAS, the general northerly and southerly limits of the Project are the Baybrook Mall area and the Blackhawk Regional Wastewater Treatment Plant(`Blackhawk"), and WHEREAS, the Project is necessarily designed such that portions of the Project cross a tract of land ("Tract") that is within the City limits, is owned by the City, and is situated between the West Bay Area Boulevard right-of-way and Blackhawk. WHEREAS, Baybrook Municipal Utility District #1 is a governmental entity with powers of eminent domain; and, WHEREAS, the City Council of the City of Friendswood deems it in the best interest of the City of Friendswood to approve the grant of the Sewer Easement to Baybrook Municipal Utility District#1 to aid in their governmental function; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: Section 1. That a "Sewer Easement" is hereby approved and granted to Baybrook Municipal Utility District #1 for the purpose of constructing, reconstructing, altering, and maintaining underground sanitary sewer facilities in, under, over, along, upon, and across that certain Tract, that is within the City limits and owned by the City, and which is situated between the West Bay Area Boulevard right-of-way and Blackhawk (`Basement"), same being more particularly described in legal description contained in the Sewer Easement attached as E�ibit "A" hereto and for all things made a part hereof. Section 2. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, that certain "Sewer Easement" by and between the City and Baybrook Municipal Utility District #1 in substantially the same form as the "Sewer Easement" attached hereto as Exhibit"B" and made a part hereof for all purposes. PASSED,APPROVED, and RESOLVED this 17th day of Au ust 2009. � David J. . mith Mayor ATTEST: � F R�ElyO � - �o ��O O Deloris McKenzie, T C � City Secretary * * � �4rF OF t�+P� R2009-48 2 ''�'�"`� 3000 Wilcrest Drive, Suite 210— Houston,Texas 77042— (713) 993-0327— Fax(713) 993-9231 S U R V E Y I N G C O M P A N Y, 1 N C. EXH�B IT A METES AND BOUNDS DESCRIPTION 10-FOOT SANITARY SEWER EASEMENT 0.0230 ACRE(1,002 SQUARE FEET) JOHN DICKINSON SURVEY,ABSTRACT NUMBER 15 HARRIS COUNTY,TEXAS Being a 10-Foot Sanitary Sewer Easement containing 0.0230 acre (1,002 square feet) of land situated in the John Dickinson Survey,Abstract Number 15, Harris County, Texas, and being out of and a portion of the called 1.7040 acre tract as described in the deed to the City of Friendswood recorded under Harris County Clerk's File Number K176284; said 10-Foot Sanitary Sewer Easement being more particularly described by metes and bounds as follows (all bearings are based on the Texas State Plane Coordinate System, South Central Zone (NAD 83). All distances are surFace and may converted to grid by multiplying by a combined scale factor of 0.999870): COMMENCING at a 5/8-inch iron rod found in the east right-of-way line of Bay Area Boulevard (100 feet wide) marking the northeast corner of Terra Bella according to the plat thereof recorded under Film Code Number 611027 of the Harris County Map Records, common with the southwest corner of the aforesaid called 1.7040 acre tract,from which a 5/8-inch iron rod found marking the northwest corner of Lot 6 in Block 1 of Friendswood Oaks, Section Two, according to the plat thereof recorded under Film Code Number 597156 of the Harris County Map Records bears North 69°57'11" East, 120.03 feet; THENCE, North 18°49'47"West, along said east right-of-way line, a distance of 309.75 feet to the southeast corner and POINT OF BEGINNING of the herein described easement, from which a Brass Disk found stamped RM 010080 bears South 06°58'15" East,225.50 feet; THENCE, South 71°10'13" West, crossing the aforesaid called 1.7040 acre tract, a distance of 100.30 feet to the southwest corner of the herein described easement in the west line of said called 1.7040 acre tract; THENCE, North 18°51'33" West, along said west line, a distance of 10.00 feet to the northwest corner of the herein described easement; THENCE, North 71°10'13" East, crossing the aforesaid called 1.7040 acre tract, a distance of 100.30 feet to the northeast corner of the herein described easement in the aforesaid east right-of- way line of Bay Area Boulevard; THENCE, South 18°49'47" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0230 acre (1,002 square feet) of land. This description is based on the Exhibit prepared by Terra Surveying Company, Inc., dated August 10, 2009, TSC Project Number 1001- 0605-X. . . �P��T FT F'�q y,�,�o�9�ti.s Compiled by: Mark J. Piriano, RPLS : .°;� Terra Surveying Company, Inc. �MAFK��sEPH PIRIANO 3000 Wilcrest, Suite 210 "'`•'4""""""""""''""' :ti90 5778 �,i Houston,Texas 77042 • Fess�,°..• M600230BOREESMT.doc ��yo�su�vE.�o�' �, � � � m � A o� �N m � � � ��y z� � ° o o �j��d1�� O � r� (T � � c0 O � � m m ` � A � A �� O m � � � O �N � � D � � � o _ � " � �� AZ A N 69'57'11" E � � N 120.03' n o ., � Z � � � � A Z O a m W A �y Z � N o r^ m oo v, � �N ^ O� T` � + '�V -� z � � �, rn � � � � � -� Zz � � o om � � �' o � � i Ut � V � V 00 Oo � � � � (� n o � O Q? �9� ,��7 � � p Ut Ci 9 �'��O Il� �,�<< �a m � S- F` o 0 � n � �� o� ,�a� o � ' 2-�'� �so`�w O O �V ��PFGO A�9Ci Z Cn � �9� r*� � � 6��'��F � �o��P ��;5!� O Z .3. •D d,.-.�:•.,T a��a ;�; �9�, S 71'10'13" W ��; �;��.o: F�,: 100.30' w C;�n �I•m: �m:0 O W �;.°20°;�: ,��'� • N 71'10'13" E o� <''q< '�: °•"� cn 100.30' d,Ss.,:Z: ..;d-1- � o •o• poo -�A � v �� o� yc�rv 3c�ina� z : T � � � o • o o m m � o N 111 I ccDO a-° D m v m n r�rt �T1 W�► �o a- o � -1 tn O T O w�a-•- s� -•� �il �� - � �� D O o �o � ,- , 3 m m m-•m C7 � o � o o -oo y -� , > > N � , m �� _ . � � � n �/� � N`G t0 - (3p x 0/�^ V1�J �N �°-� N v, J.a `< o m � �� ; N '° 'y i �� ° .� � oa � � - �rnn �-c.UI "O � Ul v� � o � no� � y o �a o, � „� � � � o 3 � m� fDa�o x Q° y ' -« � � _'7 -« O Q fn N I � � a� � � 'D`,g `,, a � 0 a3 � m s �3 cnvvap-v� x x x�a O1 I "`��'�co � ___ _ � -i -�-i0� DOOI ;'�1. Cl (l Cf2m � i �ex�� Z � 2Z 0 n� o x �i '�nm �c�m : o °� � ��m „ c� D o � o -, ov, Z. � �I D N il ^ �0 � -fl fD fA l p O O• G O� ''O Y �I C� . . . . - • . . . . '�V�� UI T�. 0 '�`��-w (D 7 - . . . • • . . . . . . ~ ; -�m : : : . : : . . : . . . o � Z Zm X � i D� m c v�a cnv�DA-��ox�x�n�vZi N n OODD_ o m OfD � � � a oom��n-m CZmZ � n v m m - � �titiA'��`'^s°�A��c"'i o ti �n o o � Z �—� Oo- � -.c m n m A �fn m vi fn m D `� � � � �p�-^ �CZD� ° ovrn �n�� y �"o��g ��v�'-'c° o m O � O � 2 ��D ti�� NZNymZ .. T � � Zmx < < < _ \ o X� m nZA A n' J S o I D c� z GZ7 m v o P N D rT� c, � � U � � O X (n Exhibit B . , (R2009-48} � ��c��a��--��-s� ��1 SANITARY SEWER EASEMENT �'�f��'��'�� '��'`�'� �__°;,_ [0.0230 ac.] �,��c,��'��%,i��;f � � [Baybrook Mall to Blackhawk Regional Plant] ti �Gj �009 �-' � c;c��FFt�►��000 ��i, � EEl`f Sfc�RESRPZ�f `U) THE STATE OF TEXAS § �lry`fl , ,p�o § KNOW ALL MEN BY THESE PRESENTS: f` Z�y COUNTY OF GALVESTON § THAT City of Friendswood, � Texas home rule municipality ("Grantor"), for and in IIJ� consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration in hand paid to Grantor by Baybrook Municipal Utility District No. 1, a conservation �,9-� �� and reclamation district and body politic and a political subdivision of the State of Texas � � ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has � 1 � ,� 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, including all necessary rights of ingress, egress and regress, for the purpose of � construction, installation, repair, replacement, reconstruction, alteration, removal, maintenance and � �; operation of underground sanitary sewer facilities in, under, over, along, upon, and across that certain 0.0230 acre (1,002 square feet) traet of?and, more or less ("Easement"), same being mare particularly described in E�ibit "A" attached hereto and for all things made a part hereof. Grantee may do and perform all acts necessary for the purpose of construction, installation, repair, replacement, reconstruction, alteration, removal, maintenance and operation of 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 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, is abandoned by official action by Grantee abandoning or vacating such. 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 �I� u� 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 17th day of Au ust,2009. �! OR: � � By: David J.H I Smith, Mayor ATTEST: � � �-- K �:��- Melinda K. Welsh, TRMC Deputy City Secretary � F R�ElyO FILED FOR RECORD �� s� B:OU AM v o OCT 20 2009 * * d'�' Py �� 2 County Clerk,HaRIsC�ou�nty,lbxas �� F � STATE OF TEXAS )( COUNTY OF GALVESTON )( BEFORE ME, the undersigned Notary Public, on this day personally appeared �f�Uj� Tk. SIn i 7-/d , 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 �s� DAY OF (�CTV l3�P� ,2009. . � . No ry ublic, State of T xas � . �.�2�fJ`LUS ?a• ��; Printed Name• C �, � ".�. : �;� My Commission Expires: u 1��p�/'� , M ]JS °�� RETURN RECORDED DOCUMENT TO: ' �� \`'= �� Deloris McKenzie ,� " City Secretary �� / j ; ; � City of Friendswood v V �� 910 S. Friendswood Dr. .. �,� Friendswood, TX 77546 �, _ _ � Page 4 of 4 ACCEPTED BY GRANTEE: BAYBROOK MUNICIPAL UTILITY DISTRICT No. 1 By: � �L� �%L Its: ATTEST: ````S��1U1l1►1dA�rl�, � °��y�G1PA�-UTi� �'s', a> M�M�� 'i C -- ` �`�J,��,:rralS ti�� '. ��I �',�. �(,�Y �O�/�O/�r� {InsertName} ~��!° � � �-�� ~�,� �� .� ��> :a'�s.� � ��b i 6�'ti..T�Xq '�`�O�w '�, �.....,w.�'''` : ,'0,��,�►�t�ta�t�o►��`,``` �� ACKNOWLEDGMENT �� '� THE STATE OF TEXAS § s § � COUNTY OF HARRIS § l�k' b �� BEFORE ME, the undersigned Notary Public, on this day personally appeared �'� � r�1p,,,Ll�,�,�„ known to me to be the person whose name is subscribed to the foregoing instrument, ,�, and acknowl�dged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said Baybrook Municipal Utility �� District No. 1 ' � GIVEN under my hand and seal of office, this��'day of �1.�.,.,o�aC�' , 2009. ---- ,: =��""P�, JANE HAWKE INILIEH� '�= MYCOMMISSIONEXPIRE4� '`�'�'' FaDmary 14,2011 o ary Pu ic In and For the State of Texas _w��.� - _ __ _. My Commission Expires: � 3 EXHIBIT A [easement] 4°'�! ��J � � � �J �'� � � '� � �� 4 � ''�'�'�`+ 3000 Wilcrest Drive, Suite 210— Houston,Texas 77042— (713) 993-0327— Fax(713) 993-9231 S U R V E V I N G C O M P A N V, 1 N C. EXH I B IT A METES AND BOUNDS DESCRIPTION 10-FOOT SANITARY SEWER EASEMENT 0.0230 ACRE(1,002 SQUARE FEET) JOHN DICKINSON SURVEY,ABSTRACT NUMBER 15 HARRIS COUNTY,TEXAS Being a 10-Foot Sanitary Sewer Easement containing 0.0230 acre (1,002 square feet) of land j� situated in the John Dickinson Survey, Abstract Number 15, Harris County, Texas, and being out of �j and a portion of the called 1.7040 acre tract as described in the deed to the City of Friendswood recorded under Harris County Clerk's File Number K176284; said 10-Foot Sanitary Sewer Easement being more particularly described by metes and bounds as follows (all bearings are based on the Texas State Plane Coordinate System, South Central Zone (NAD 83). All distances are surface and may converted to grid by multiplying by a combined scale factor of 0.999870): COMMENCING at a 5/8-inch iron rod found in the east right-of-way line of Bay Area Boulevard (100 feet wide) marking the northeast corner of Terra Bella according to the plat thereof recorded under Film Code Number 611027 of the Harris County Map Records, common with the southwest corner of the aforesaid called 1.7040 acre tract,from which a 5/8-inch iron rod found marking the northwest corner of�ot 6 in Block 1 of Friendstivood Oaks, Section Two, according to the plat thereof recorded under Film Code Number 597156 of the Harris County Map Records bears North 69°57'11" East, 120.03 feet; THENCE, North 18°49'47"West, along said east right-of-way line, a distance of 309.75 feet to the southeast corner and POINT OF BEGINNING of the herein described easement, from which a Brass Disk found stamped RM 010080 bears South 06°58'15"East, 225.50 feet; � THENCE, South 71°10'13" West, crossing the aforesaid called 1.7040 acre tract, a distance of �d 100.30 feet to the southwest corner of the herein described easement in the west line of said called � 1.7040 acre tract; � THENCE, North 18°51'33" West, along said west line, a distance of 10.00 feet to the northwest � corner of the herein described easement; � �a,� THENCE, North 71°10'13" East, crossing the aforesaid called 1.7040 acre tract, a distance of '� 100.30 feet to the northeast corner of the herein described easement in the aforesaid east right-of- way line of Bay Area Boulevard; �" � THENCE, South 18°49'47" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0230 acre (1,002 square feet) of land. This description is based on the Exhibit � prepared by Terra Surveying Company, Inc., dated August 10, 2009, TSC Project Number 1001- 0605-X. � � . � 'lQ'��SOTF�'�4 5;•�o HFti,tf' Compiled by: Mark J. Piriano, RPLS '�' � °`; Terra Surveying Company, Inc. ••••`••••••••••�•••••••�...�.... MAFK J�S�PH PIRIANO 3000 Wilcrest, Suite 210 "'`•"�""""""""""''""' Houston,Texas 77042 S,90 5778 �,�,i ��'•FFSS��•'Q, MB00230BOREESMT.doc �+NO'S�R�E.�O � �� Z N N �,�°'�'�y '�° � �, A � �2� d�� N Z � � �� z� � ° o 0 o � � cn � A r (DO � �� m m ` � m O � � �� 0 ti �n � Q �N Z A D O x v� ° � Z =m u �� 6 � �o A N 69'57'11" E � A 120.03' n � N O V A ' c� m ^ o " VJ m � O m m A �; Z � oN � � 0 N � OF C n �� -� z � ,, �, 1� � ..`mC � � ; Zz � � o orn � � � o � � i � J � V/� � o O O � � �1 _ � � C � y�9<< � �' r o v, �v �,�``�o I'a � ` � r�� yn p� °,°d M11 -� � c1' �'.c.T � �q� � � �.c�� 50�� O � N O�� 9 � 0 O � �'2Q 9 �n � m � � �a��F � �oQ J� I ��i��' Q Z k� .D: �y �d,a•.�_••.T9. � � S 71'10'13" W v�', �"� O�o� ,`; ��;� � �,.•,� cn:o: �. 100.30' �w c;� �•m• ��:o ow � A.� ��_: m�'' „ �,°y�:�: ,��•� � N 71'10'13 E o� o.• ;� �� .Z. d�''� � o N 100.30' � �°� °o°° -� co � � 0 �� o� D�N 3 ��a� Z � m 0 �p� co�•-o o.3�F m � m W � 1��1 co a � D m v m n iT1 a � a o � � -i cn pDT O oo�a- - s� -•T ��I V`C - 7 (p`G � � O N O Q �- '� 3 -.�m m m-•m (7 � o � o o -ao � rny -� , > > � � n -�n - . � m m -•co tn� • 3 x O r^ � cn�� • m - N v, J� �N r�w `< O N � 7 ° � ° n `" A� �o m- rn m � � <� -•o .�� oo � � � �'rn o ��N � � N �� o m ao� m ❑ �a o � v y � o m c�o rn a-«o I 3 m � To �o � • � -•� o Qm m � a� s � I xvow°o �'1 2 �O � � _�O N 000 ID�p�t�7 c=') � t='1Zm � ill �„� �O Z � 2Z O �� o x �'� �lm' �c�m• ' : z .°v �•°� �owx�� D � o � o � o m -a. . . o z� < . 44�N_A � � �� Q �O (U N �O O O: -DI . �VV�tmil . Q 7 (n O . . . � . . . . . . . . i.� o ~ � N Z ITl�m o m z o i cn a : : : - : : : : : : : : g f n°� ,CZ'f � A(nDfnX � � om � i o �'oommAa?�mx�x�x�v� OD�D= o m n < � v �azz�mgm�o�v�mA��m CZmZ � a � m m -•o �-i-1,Z1A -,�-7�-pG� o � i °z °s `o m Z � W N- � -«c m yZA cp��nm((��n -v� m a m a m 5 ��m�� p •.Wij _.�� Q �1�� p��p(�N� p m � � �'�' ZQ Yp� C�� -^O • N N�O`G N fm*1 mZ m O�'-�� Z � -i f'iCg Z�2NZrZ � m �� D ZmS �N< <`^� x _ \ o x� m �?A � u J i o 1 D zcZi m `v o o°, N D � c� o e p ( � � � � O