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Home My WebLink AboutResolution No. 2009-21 RESOLUTION NO.R2009-21 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; APPROVING THE PURCHASE SAID EASEMENT FROM FRIENDSWOOD LAND COMPANY,INC,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 15,326 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 15,326 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 L 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 6th day of April,2009. David J. H. Smith Mayor ATTEST: �o� FRtE�y��t � � O v � De oris McKenzie, TRM City Secretary * * �r�,�T� o� �� R2009-21 2 Exhibit A �, (R2009-21) ' '��:��e"��a;�� E=�5,r1�,��}l��t� E'F'? ��°a r7[1 � ��` SANITARY SEWER EASEMENT �� / L THE STATE OF TEXAS § r § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF � � § THAT FWD Land Co., Inc. ("Grantor"), for and in consideration of the sum of four- thousand, five-hundred dollars ($4,500.00) and other good and valuable consideration in hand paid to Grantor 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, 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 9k �41C k'+;j easement for the purpose of constructing, reconstructing, altering, and maintaining underground ��.� ; sanitary sewer facilities in, under, over, along, upon, and across that certain 15,323 square foot tract �� of land, more or less ("Easement"), same being more particularly described in E�ibit "A" attached I `�" hereto and for a11 things made a part hereof. ;�� yw� Crrantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, ar �� maintain underground sanitary sewer facilities within said Easement and to operate thereon all {�E {IMF, 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. , '��, �� _ ��'��_ �} �j: � AUG 2 6 20�9 - �� 1U09 � y ,��.: _:;��_ .._._. �.._....�.�,a.....__. • r 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 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. IN WIT'NESS WHEREOF, this instrument is executed this �� day of _ � , 2009. �°ti� FWD LAND CO., 1NC. �. `�� ,�� ["�� i �� Kent Ballard �'p Title: ��'� � � °�� ACCEPTED BY GRANTEE: �� ka. �R � � � David J.H. Smith, Mayor ATTEST: i � o� f R�Epas . � � � � Deloris McKenzie, TRMC v � 0 City Secretary � * �► �4rF OF '(E�'P� 2 ADDRESS OF GRANTEE: City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF � l_`� § BEFORE ME, the undersigned Notary Public, on this day personally appeared Kent Ballard, 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,, ' � day of �r� � � , �'� 2009. ��. I �1>a��°�.�,�, �ME��GA BAYNE � ' �y � 1�otary Publec.State of T2xas Not Pub � and For the St of exas ,��;r f,�y Cammission Expires �' �� ''>FO,�;.F 06-04-2011 { My Commission Expires: �- "�� { �� 3 E7Cf'1l�11'�� (R2008-13} EXI•B131T•`A>, EASBMEi1T-3 MI's'i'ES AI�tD BOU1dDS DESC1tIPTION li,326 SQUARE FEET OtJT OF SNtAH MCKISSICI�a.EACrUL.ABSTRACT N0.�49 FRII�IDSWOOD.I•iARRfS COUI�T4',TFX.4.4 All d�at certain 15,32G square feci out of Sasal�McI'vssick League,Abstract l�umber 349,Frie��ds�ti•ood. � Tiarris County,Ter,as atid being ou4 ofthose certain'Cracts II and III as described in a deed datetl 1�-1G- 1982 from SERA Countr��Club,Iuc.to[�WD Iand Go.,Inc.as filed iss Ot�'icial Records oP Real Property of Tiarris Counry at Clerk's File Number H-756477,Pilm Codc Number 034-8A-1342 and being more particulariy described by nietes and bounds as fo]3o�vs(bearings based on Te.�:as Coordinate System of 1983,South Cenmal Zone); Commei�cing at a£ound l/2"iron pipe maii:ia$the south end of the ntost noriherJp west Iine of Lot 17, Repl�t of Pilgrims Point according io tbe plat thereof as fiicd'sn'Volume 15,Pagc 182(ialveston Connt}� Map Records;Theuce N b4'38'2�"E-34d.23'wlth t3�e most nortLeriy west line of said Lot 17 to a point for corncr;Thcnce S 84°29'S9"E-208.59'to the PUTt�f'f OF BEGINNING of herein described tract; 1. 7Uence the following duee(3)courses with tLe edge of water of Clear Creek as described in said deed dated 12•16-I 982 from SERA Cou�ury Ctub,Inc.to I'WI)Land Co.,Tnc.; 2. Thcnce 3�i 69°48'34"W•-4.53'to a point for comcr, y�y 3. Thence N 67°4�!'09"�'J-3b.78'to a point for comer; i3�1 !�+� 4. 'rhence N 53°:?8'00'W-?3.86'to a point for corner; 1�'� 5. 'Ihena:S 8S°11' 11"E passing ai 5'I4.78'a E�oint from whicl�the common northeast comer of saia �� Tract!3 a�sd dse izortliw-est comer ofsaid Tract iII,lxars N Oi°47'00"1U-l 17.2G'for reterence ru�d � continuins£or a total dist:tncc oF 717.82'to a point For a�mer; ��i 6. Tlience S 87°33'31"Li--81.96'to a point for conier; a�� 7. 'Ilience S 39°33'49°W•-25.A2'witi�die edgc of autcr of Clear Cre�ek to a poinE for corner; ! 8. 'l7�uxe S 74°32' 08"�il- 0.88' coutinun�g wirh the edge o£�vater of Clear Cr�k to a point for `�'� corner: k�� 9. "11±e�ice N 8%°04`33' W -Gfi.l2'ia a}>oint for con+.er; '�� i6."Iiience N S.�° 31' 21"W-6GO.Oti'to tba POIN7'Ol'T3L"G!NTd11VCi aud containin� 1�,37_ti square fcet{0.3518 aac)of land Gnorc or lass. ��d '31�is mcics and bouvds descriE�liori is accompanied b��a separate pEat;ciraHing or e>:hibit per Texas 13oarcf ,iyw uf 3>rofessionai Land Sun-eyo�'s"Uc-nerd R�des of Proredures and nrr.ctices"Scction 663.1�(9}. �5 Compilcct by: C.L.Uavis R Company Job Nun�bcr:11-R4(,I:s�z�t 3.doc �o-�z-zoo6 FILE�FOR RECORD �,-fl�7fi C5t11t� 8:00 AM �� MAY 15 2�09 THE STATEOF TEXgAS � t�ar�la�itN�iiM1�r�MwoFtEAM/eAM�r a�Md�4+�d�lAr .�ir�w/��e�l�__J ��M1w1�Ri�lp�D.MMQf�IhM��M��MM�� CountyClerk,Harris County,Texas MAY 15 2009 �� '��