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Home My WebLink AboutResolution No. 2009-04 RESOLUTION NO.R2009-04 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 OF SAID EASEMENT FROM JIM T. BULGIER AND CINDY L. BULGIER,PROPERTY OWNERS. * * * * * WHEREAS, the City Council of the City of Friendswood now finds and detertnines 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 1,320 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 1,320 square feet tract of land is set forth within the "Sanitary Sewer Easement" ("Easement") 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 ha�e 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 12th day of Januarv,2009. David J. H. Smith Mayor ATTEST: � ^' , F FR�ENO � O `4`y - '�` O D loris McKenzie, T C c� o City Secretary yt * tP ��.qrF o� ��,t,Pd' R2009-04 2 � , �ill'liil�lli IIIII Ili lilllil IIIII IIIIII 7��9049259 ' 6 PGS P SANITARY SEWER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT JIM T. BULGIER AND HIS WIFE CINDY L. BULGIER ("Grantors"), for and in consideration of the sum of three thousand dollars ($3,000.00) 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 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 0.0303 acre 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 sanitary sewer 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 relative to the Easement, but only to the extent that the same are still in force and effect and enfarceable 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 forever, 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 12 day of January, 2009. GRANTORS JIM T. BULGIER C1NDY L. BULGIER � ACCEPTED BY GRANTEE: ADDRESS OF GRANTEE: Attention: 6ity Secretary's Office City of Friendswood, Texas �� David J.H. Smith, Mayor 910 South Friendswood Drive Friendswood, Texas 77546 ATTEST: � ,.0� fr R�Ep�� O De oris McKenzle, MC v 0 �D City Secretary * * � � ��'' t�� 2 aF ACKNOWLEDGMENTS THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Jim T. Bulgier, 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 January, 2009. ;��P�`'P;e•. ��=A �EAL Notary Public In and For the State of Texas •2� . .`��• ;vTF.RY PUBLIC !*.. .... .,�, :N��Q 1 � Y�of i exas �� "a�a�Cr `;r F o��+ �.;,,f � . °�t�-24-2009 My Commission Expires: °�.�,,,�.� � ,»... THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Cindy L. Bulgier, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this � day of January, 2009. Notary Public In and For the State of Texas .��P�Y�P�B,� BEA LEAL f*�� `;y�? NOTARY PUBLIC My Commission Expires: 10��o�O°�'1 t N�±;�:�; Siate of Texas '�'F<ir's:'�`Corr�rrr.Exp. 1 Q-24-2009 ''��.�.,.�,�r�,�� 3 EJ�CF�IT"A" �:ASEMENT-11 I�TES AND BOUNDS DESC1tII'TiON 1,320 SQUARE FEET OUT OF LOT 1 AU'IUMN CREEK,SECTION NINE JOHN DICKERSON SiJRYEY,ABST'RACT NO.15 FR[EIVDSWOOD,HARItIS COtJNTY,TEXAS All tflat cc�tain 1,320 squere feet out of Lot 1,Autumn Croek,Sxtion Nine according to the plat ther�f as filad in Volume 497,Page 014 Harris County Map Records,.iohn Dicicerson Survcy,Abstract Number I5,Priendswood,Iiarris County,Texas and being out of tlut txttain tr�ct as describad in a deed dated 04-24-2007 f�+an Auiuma Geek Development,Ltd.60 7im T.Bulgi�,et ux.as filed in Official Itecords of Real Property of Huris County at C(erk's Fik Number 2007-0277499,Film Code Number 002-41- 0564�d being mora psrtieulsrty desedbed by metes and bounds as follows(bearings based cm Te�cas Coordinau System of 1983,Sout6 Central Zaie); Commencing at a found 5/8" iron rod mazicing the common nord�west corner of s�id Lot 1 and the ncrkk�ast coreer of Lot 2 of seid Autumn Creek, S$ction Nine, said point also bemg locabed on the southerly right-of-way line of Steven Luke Lano(60'wide�;T6ence S 23° 19' 17"W—534.49'with tl�e commoa west line of said I.ot 1 and the east tine of ssid Lot 2 to the POIN'T OF BEGINNII�fG of herein described tract and said point being located on a curve to the right having a radius of 1,O10.00' sa�d a centrat angle of OS°05' 14"; 1. Thence with said cwve an arc distance of 89.68'and a chord bearmg and distance of S 21°57'28"E —89.65'to a point for comer, 2. Thence N 55°58'03"W—34.22'with t�e southerly liae of said I.ot 1 to a point on a curve to the left having a radius of 990.00'and a central angle of 02°26' l8"; 3. Thence with said curve an � distance of 42.13' snd a chord bearing and distance of lY 22°13'28"W—42.13'to a point for comer 4. Thence N 23° 19' 13"B—2T.22'with the common west line of said Lot 1 and the east lina of said Lot 2 to the POINT OF BEGINNIlVG and containing 1,320 square fe�t(0.0303 acre)of land more or less. This metes and bounds description is accompanied by s seperate plat,d�awing or e.xhibit per Texas Board of Professional Land Surveyor's"General Rules of Procedures and Practices"S�on b63.19(4). 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