HomeMy WebLinkAboutResolution No. 2010-04 RESOLUTION NO.R2010-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, ACCEPTING THE
DEDICATION FROM THE ARCHDIOCESE OF
GALVESTON-HOUSTON, PROPERTY OWNERS, OF
DRAINAGE EASEMENTS RUNNING ALONG THE
SOUTHWEST PERIMETER OF MARY QUEEN CATHOLIC
CHURCH PROPERTY, LOCATED IN THE GENERAL
VICINITY OF THE INTERSECTION OF STONE'S THROW
AND CEDARWOOD.
* * � * *
WHEREAS, the City Council of the City of Friendswood has the need to acquire
permanent drainage easements over and across a tract of land containing 0.7737 acres, and
temporary drainage easements over and across a tract of land containing 0.4565 acres, more
specifically described in Exhibit"A", and made a part thereof, (herein after the "Land"); and
WHEREAS, the easements are located on property in the general vicinity of the
intersection of Stone's Throw and Cedarwood, running along the perimeter of Mary Queen
Catholic Church property; and
WHEREAS, the Archdiocese of Galveston-Houston, owners of said tracts of land have
agreed to the dedication of such property for the herein stated purposes in accordance with the
consideration and terms listed in the letter agreement shown in Exhibit "B", and the City of
Friendswood is agreeable to acceptance of the dedication with the stated terms; 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 hereby accepts the dedication
of the above-mentioned easements located on properiy in the general vicinity of the intersection of
Stone's Throw and Cedarwood, running along the perimeter of Mary Queen Catholic Church
property. The acquisition of the easements over the land contained in E�ibit A and for the stated
purpose(s) is approved.
Section 3. The Mayor is authorized to execute the letter agreement in substantially the
same form as attached as E�ibit B, and any documentation necessary to accept, document, and
record said easements.
PASSED,APPROVED,AND RESOLVED this 25th day of Januarv,2010.
David J. H. Smith
Mayor
ATTEST:
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Deloris McKenzie, T C * *
City Secretary �
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R2010-04 2
Exhibit A
{R2010-04)
(II I III I II III II� II �II� II 2@10013345
14 PG5
STORM DRAINAGE EASEMENT
THE STATE OF TEXAS §
§
COUNTY OF GALVESTON §
Most Reverend Daniel Cardinal DiNardo,
THAT Archbishop of Galveston-Houston, ("Grantor"), for and in consideration of
the sum of ten dollars($10.00) and other good ar.d valuable consideration in hand�aid to rrantor 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, (1) a perpetual
easement for the purpose of constructing, reconstructing, altering, and maintaining storm drainage
facilities in, under, over, along, upon, and across that certain 0.7737 acre tract of land, more or less
("Easement"), same being more particularly described in the attached descriptions and for all things
made a part hereof; and (2) three temporary easements (being 0.1690, 0.1749, and 0.1126 acres,
respectively) for purposes of constructing, reconstructing, altering, and maintaining storm
drainage facilities in, under, over, along, upon, and across an aggregate of 0.4�6� acres of land,
more or less ("Temporary Easements"), same being more particularly described in the attached
descriptions and for all things made a part hereof..
Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or
maintain storm drainage facilities within said Easement and Temporary Easements 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 or
Temporary Easements 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 and Temporary
Easements, 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, as described above, is abandoned by adoption of an Ordinance abandoning or
vacating such by Grantee. The Temporary Easements granted herein, shall expire once major
construction activity for FM 518 Drainage Improvements Project, adjacent to Mary Queen Catholic
Church site, is completed.
TO HAVE AND TO HOLD the above described Easement and Temporary Easements,
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 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 25th day of
January , 2010.
GRANTOR
��.J t�i�Q � �,` l'�,�,�,
$y. Most Reverend Daniel Cardinal DiNardo (Name�
Archbishop of Galveston-Houston (Title)
ACCEPTED BY GRANTEE:
2
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David J.H. Smith, Mayor
ATT .
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D loris McKenzie, TRM �O 0�,�
City Secretary v 00
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� ADDRESS OF GRANTEE:
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'�� City af'Fn ne ds� , exa�� ���
910 South Friendswood Drive
Friendswood, Texas 77546
ACKNOWLEDGMENT
THE STATE OF TEXAS §
4�I�rn,g §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Most Reverend Daniel Cardinal DiNardo , known to me to be the person whose name is subscribed to
the faregoing instrument, and acknowledged to me that he [he or she] executed the same for the
purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed
of said corporate sole [corporation,partnership, etc].
GIVEN under my hand and seal of office, this 25th da of January ,
2010. �
;�°��'�E�;:: LEE COWDEN Notary Public In and For the State of Texas
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My Commission Expires:
3
Page 1 of 3 Pages
C�unty: Brazoria
Project: FM 518
C.I. No.: 1095-09 (Sketch Prepared)
Job Number: 2008-190-002
METES AND BOUNDS DESCRIPTION
FOR 0.7737 ACRES
Being a 0.7737 acre tract vf land located in the Sarah McKissiek League,A-151, Galveston County,
Texas; said 0.7737 acre tract being out of a call 2.043 acre tract recorded in Clerk's File Number
2005026770 of the Official Public Recorcis of Fceal Property Gaiveston County, Texas
(O.P.R.R.P.G.C.) and out of Final Plat ofMary Queen Catholic Church, a subdivision recorded in
Vol. 18,Pg 1313 of the Galveston County Plat Records(G.C.P.R.);said 0.7737 acre tract being more
particularly described by metes and bounds as follows (all bearings are referenced to the Texas
Coordinate System, South Central Zone, NAD 83}:
Commencing at the east corr�er of Lot 1 I of Perry Grove,a subdivision recorded in Vol. 15,Pg. 148
of the G.C.P.R.,same being a northwesterly corner of said Final Plat Mary Queen Catholic Church
on the southwest Right-of-Way(R.O.W)line of Cedarwood Drive(60-foot wide)frorn which a 1/2-
inch iron rod found at the north coz-ner of said Lot 11 bears North 48 degrees 20 minutes 56 seconds
West, a distance of 266.71 feet;
Thence, with the northwesterly line of said Final Plat Mary Queen Catholic Church and said
�outhwesterly R.O.W. line,SouEh 48 degrees 15 minutes 22 seconds East,a distance of 7.50 feet to
the north corner and Point of Beginning of the herein described tract;
1. Thence, continuing with the northwesterly line of said Final Plat Mary Queen Catholic
Church and said southwesterlyR.O.W.line,South 48 degrees 19 minutes 16 seconds East,a
distance of 10.00 feet;
Thence, through afozesaid 2.043 acre tract and said Final Plat Mary Queen Catholic Church, the
following four(4} courses and distances:
2. South 41 degrees 43 minutes 47 seconds West, a distance af 920.29 feet;
3. South 48 degrees i 6 minutes 13 seconds East, a distance of 45.00 feet;
4. South 41 degrees 43 minutes 47 seconds West, a distance of 119.47 feet;
5. South 48 degrees 19 minutes 29 seconds East,a distance of 386.27 feet to the southeast line
of aforesaid Final Plat Mary Queen Catholic Church;
Page 2 of 3 Pages
6. Thence,with said southeast iine,South 41 degrees 45 minutes 34 seconds WesT,a distance of
0.10 feet to the northeast corner of a call 0.2974 acre tract recorded in Clerk's File Number
2002020526 of the O.P.R.R.P.G.C.;
Thence, with the north line of said 0.2974 acre tract, thE following five (5) courses and distanc s.
7. North 70 degrees 43 minutes 46 seconds West, a distance of 39.45 feet;
8. 20.10 feet along the arc of a curve to the right, said curve having a centrai angle of 23
degrees O1 minutes 58 seconds, a radius of 50.00 feet and a chord that bears North 59
degrees 12 minutes 4'7 seconds West, a distance of 19.96 feet;
9. North 47 degrees 41 minutes 47 seconds West, a distance of 122.98 feet;
10. North 6' degrees 07 minutes 14 seconds West, a distance of 7I.44 feet;
11. North 75 degrees 19 minutes 45 seconds West, a distance of 24.98 feet to the common Iine of
aforesaid 2.043 acre tract and said 0.2974 acre tract;
12. Thence,with said common iine, South 41 degrees 45 minutes 34 seconds West,a distance of
18.08 feet to the south corner of said 2.043 acre tract, the west corner of said 0.2974 acre
tract and the most westerly corner of aforesaid FinaI Plat Mary Queen Catholic Church;
13. Thence,with the south line af said 2.043 acre tract,North 48 degrees 19 minutes 29 seconds
West, a distance af 172.37 feet;
14. Thence,through said 2.043 acre tract and said Final Plat Mary Queen Catholic Church,North
41 degrees 43 minutes 47 seconds East,a distance of 1109.80 feet to the Point ofBeginning
and containing 0.7737 acres of land.
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Page 1 of 2 Pages
County: Brazoria
Project: FM 518
C.I. No.: 1098-09R (Sketch Prepared 109609.dgn)
Job Number: 2008-190-002
METES AND BOUNDS DESCRIPTION
FOR 0.1690 ACRES
Being a 0.1690 acre tract of land located in the Sarah McKissick League,A-151,Galveston County,Texas;
said 0.1690 acre tract being out of a call 2.043 acre tract recorded in Clerk's File Number 2005026770 of the
Official Public Records of Real Property Galveston County,Texas(Q.P.R.R.G.C.)and out af Final Plat of
Mary Queen Catholic Church, a subdivision recorded in Vol. 18, Pg 1313 of the Galveston County PIat
Records(G.C.P.R.); said 0.1690 acre tract being more particularly described by metes and bounds as£ollows
(all bearings are referenced to the Texas Coordinate System, South Central Z4ne, NAD 83):
Commencing at the east corner of Lot 11 of Perry Grove, a subdivision recorded in Vol. 15,Pg. 148 of the
G.C.P.R., same being a northwesterly corner of said Final Plat Mary Queen Cathalic Church on the
sauthwest Right-of-Way{R.O.W) line of Cedaz-wood Drive(60-foot wide) from which a 1/2-inch iron rod
found at the north comer of said Lot 11 bears North 48 degrees 20 minutes 56 seconds West, a distance of
256.71 feet;
Thence,though said Final Plat Mary Queen Catholic Church and said 2.043 acre tract,South 37 de -ees 50
minutes 40 seconds West,a distance of 924.52 feet ta the north corner arid Point of Beginning of the herein
described tract;
Thence, through said Final Plat Mary Queen Catholic Church and said 2.043 acre tract,the following three
(3) courses and distances:
1. South 48 degrees 1 b minutes 13 seconds East, a distance of 15.00 feet;
2. South 41 degrees 43 minutes 47 seconds West, a distance of 104.45 feet;
3. South 48 degrees 19 minutes 29 seconds East, a distance of 371.28 feet to the southeast line of
aforesaid Finai Plat Mary Queen Catholic Church;
4. Thence,with said southeast line,South 41 degrees 45 mint tes 34 seconds West,a distance of 15.00
feet;
5. Thence, through said Final Piat Mary Queen Catholic Church and said 2.043 acre tract, North 48
degrees 19 minutes 29 seconds West, a distance of 386.27;
6. Thence,cantinuing through said 2.043 acre txact,North 41 degrees 43 minutes
47 seconds East, a distance of 119.47 feet to the Point of Beginning and
containing 0.1690 acres of land.
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County: Brazoria
Project: FM 518
C.I. No.: 1096-09 (Sketch Prepared)
Job Number: 2048-190-002
METES AND BOUNDS DESCRIPTION
FOR 0.1749 ACRES
Being a 0.1749 acre tract of land Iocated in the Sarah McKissick League, A-i S I,Galveston County,
Texas; said 0.1749 acre tract heing out of the Final Plat of Mary Queen Catholic Church, a
subdivision recorded in Vol. I S, Pg 1313 of the Galveston County Plat Records (G.C.P.R.}; said
0.1749 acre tract being more particularly described by metes and bounds as follows(all bearings are
referenced to the Texas Coordinate System, South Ceniral Zone,NAD 83):
Commencing at the east corner af Lot 11 of Perry Grove,a subdivision recorded in Vol. 15,Pg. 14$
of the G.C.P.R., same heing a northwesterly cornEr of said Final Plat Mary Queen Catholic Church
on the southwest Right-of-Way(R.O.W)line of Cedarwood Drive(60-foot wide}from which a 1/2-
inch iron rod found at the north corner of said Lot 11 bears North 48 degrees 20 minutes 56 seconds
West, a distance of 266.71 feet;
Thence, with the northwesterly line of said Final Plat Mary Queen Catholic Church and said
southwesterlyR.O.W.iine,South 4�8 degrees 19 rninutes 16 seconds East, a distance of 17.50 feet to
the north cornez-and Point of Beginuing of the herein described tract;
1. Thence, continuing with the northwesterly line of said Final Plat Mary Queen Catholic
Church and said southwesterlyR.O.W.line,South 4°rees 19 minutes lb seconds East,a
distance of 15.40 feet;
Thence, through aforesaid Final Plat Mary Queen Catholic Church, the following three{3)courses
and distances:
2. South 41 degrees 43 minutes 47 seconds West, a distance of SQ7.86 feet;
3. North 48 degrees 1b minutes 13 secands West, a distance of 15.00;
4. North 41 degrees 43 rninutes 47 seconds East, a distance af 507.85 to the Point of
Beginning and containing 0.I749 acres of land.
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County: Brazoria
Proj ect: FM S i 8
C.I. No.: 1097-09 {Sketch Prepared 109609.dgn)
3ob Number: 2008-190-002
METES AND BOUNDS DESCRIPTION
FOR 0.1126 ACRES
Being a Q.1126 acre tract of land located in the Sarah McKissick League,A-15 I,Galveston County,
Texas; said 0.1126 acre tract being out of a ca112.Q43 acre tract recorded in Clerk's File Number
2005026770 of the Official Public Records of Real Property Galveston County, Texas
(�.P.R.R.G.C.) and out of Final Plat of Mary Queen Catholic Church, a subdivision recorded in
Vol. 18,Pg 1313 af the Galveston County Plat Records(G.C.P.R.);said 0.1126 acre tract being more
particularly described by metes and bounds as follows (all bearings are referenced ta the Texas
Coordinate System, South Central Zone, NAD 83}:
Commencing at the east corner of Lot 11 of Perry Grove,a subdivision z-ecorded in Vo1. 15,Pg. 148
of the G.C.P.R., same being a northwesterly corner of said Final Pla,t Mary Queen Catholic Church
on the southwest Right-of-Way(R.O.W}line of Cedarwood Drive(60-foot wide)from which a 1/2-
inch iron rod fonnd at the north corner of said Lot 11 bears North 48 degrees 20 minutes S6 seconds
West, a distance of 266.71 feet;
Thence, through said Final Plat Mary Queen Catholic Church, South 40 degrees 02 minutes 25
seconds West, a distance of 596.87 feet to the north corner and Point of Beginning of the hErein
described tract;
Thence, through said Final Plat Mary Queen Catholic Church and aforesaid 2.043 acre tract , the
following four(4) courses and distances:
1. South 48 degrees lb minutes 13 seconds East, a distance of 15.00 feet;
2. South 41 degrees 43 rninutes 47 seconds West, a distance of 326.96 feet;
3. IVorth 48 degrees 16 minutes 13 seconds West, a distance of 15.00;
4. North 41 degrees 43 minutes 47 seconds East, a distance of 326.96 feet ta the Poiat of
Beginning and containing 0.1126 acres of land.
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Exhibit B
(R2010-04)
CZ�` O f�'Ze��tiY00G�
�
� Community Development Department
910 S. Friendswood Drive
Friendswood, Texas 77546-4856
� December 18, 2009 �
Mr. Kenneth Sykes
; Archdiocese of Galveston—Houston
PO Box 907
Houston, Texas 77001-0907
RE: Drainage Easements
Dear Mr. Sykes:
In return for the dedication of drainage easements adjacent to the Mary Queen Catholic Church, the City
hereby agrees to:
• Permit, at the Church's expense, the combining of their future detention pond with that of the
City's open-ditch drainage facility adjacent to the outfall into Cowards Creek
• Permit, at the Church's expense, to contract with whomever the City selects to construct the FM
518 Drainage Project(Willowick to Cowards Creek)for the digging of their detention pond
• Permit, at the Church's expense, paving atop the City's 72-inch storm sewer line in accordance
with the approved plans and specifications for the FM 518 Drainage Project (Willowick to
Cowards Creek)
• Replace, at the City's expense, any section of paving removed due to the future maintenance of
the City's 72-inch storxn sewer line
• Abandon the right-of-way for Queens Lane provided, that aside from the Church, there are no
other private legal interests to said right-of-way
• Provide the Church$1,500 toward a 2-inch asphalt overlay of Queens Lane
If the above terms meet with the approval of the Archdiocese,please have an authorized agent sign below
indicating same and return to me as soon as possible. Should you have any questions, please do not
hesitate to contact me or Morad Ka�iri, Director of Community Development, at(281) 996-3203.
Sincerely,
David J.H. Smith, Mayor
City of Friendswood
Approved:
��GLZ�� k31�'�sPi��
Authorized Agent of Archdiocese of Galveston—Houston
cc: R.Roecker,City Manager
D.McKenzie,City Secretary
M.Kabiri,Director of Community Development
BUILDING INSPECTION&CODE ENFORCEMENT • ENGINEERING—PLANNING&ZONING
(281)996-3201 (281)996-3290
�ILED AND RE��RDED
`i,�pSE OF
�
,� OFFICIAL PUBLIC RECORDS
~I�a � ��� ✓��� �� �'��t��
��"� � 2010013345
March 25, 2010 12:03:40
FEE: $64.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS