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Home My WebLink AboutResolution No. 2010-44 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ?011015030 8 PGS RESOLUTION NO.R2010-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERNIINING THAT A WATER METER EASEMENT IS NEEDED FOR CONSTRUCTION AND MAINTENANCE OF UTILITY IMPROVEMENTS AT FRIENDSWOOD HIGH SCHOOL; APPROVING THE ACCEPTANCE OF SAID EASEMENT FROM FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT,PROPERTY OWNERS. * * � * * WHEREAS, the City Council of the City of Friendswood finds and determines that public convenience and necessity require that the City acquire a water meter easement (the "Easement") over, across and under a certain property located along Greenbriar Drive, more specifically described in Ea�hibit "A" as being 150 square feet out of Lot 2, Block H, Central Park plat as filed in Volume 105, Page 151 Galveston County Map Records, Friendswood, Texas;and WHEREAS, the City of Friendswood, through its duly authorized representative, has negotiated with the owners of said tract of land for the acceptance of such Easement for the herein stated purpose and has been able to agree with such owners as to the dedication 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. A CERTIFI�D COPY Attest: �AR 2 4 2p11 DWIGHT D. 5Ul.LlVAN, County Clerk Gaaveston, C unt Texas Byr j�(�Y�C. peputy PASSED,APPROVED,AND RESOLVED this 6th day of December,2010. David J. H. Smith Mayor ATTEST: ' � ' ;,,.l:. '��d,�0 Melinda Welsh, TRMC :� �� p City Secretary ��''� � i � * �s, �y A4TF OF �� R2010-44 2 A CfFiTI�IED COPY Attest:MAR 2 4 �n�s DWIGHT D. SULLIVAN, County Clerk BYiv.l�eston,j ount Texas �,_ ��If'I(� DeputY Exhibit A (R2010-44} ENTITY AS GRANTOR EXHIBIT A POTABLE WATER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY TF�SE PRESENTS: COUNTY OF GALVESTON § THAT FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT ("Grantor"), for and in consideration of the sum of ten dollars($10.00) 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 easement for the purpose of constructing, reconstructing, altering, and maintaining underground potable water facilities in, under, over, along, upon, and across that certain 150 square foot tract of land, more or less ("EasemenY'), same being more particularly described in the metes and bounds description 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 potable water facilities within said Easement and to operate thereon all necessary machinery and equipment to effciently 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 A CERTIFIED COPY Attest:MAB 2 4 �f111 DWIGHT D. SULLIVAN. County Cierk Galveston, Coun , Texas BYs� �k.- DeRu1Y 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. 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 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 6th day of December ,2010. OR � '---'1 By: Rebecca Hillenburg (Name� Board President - FISD (Tit1eL Y G TEE: avid . Smit , Ma ATTEST: ,� � �'" -'�� F R�ENO Melinda Welsh, TRMC O S� City Secretary � � v o * * ADDRESS OF GRANTEE: s�qlF t��'� OF 2 A CERTtFIED COPY Attest:p��=--LZQ�„--- - DWIGHT D. SULLIVAN, County Clerk Galveston, County,Texas g.�r�� '�Gv"k DeRutY � �' City of Friendswood, Texas -��,' 910 South Friendswood Drive �„ Friendswood, Texas 77546 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared David J.H. Smith,known to me to be the person whose name is subscribed to the foregoing 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 Citv of Friendswood [corporation,partnership, etc]. GIVEN under my hand and seal of office,this °1 day of �e c eiYr �c°�` 2010. � . Notary Public In and or the Sta.te of Texas My Commission Expires: p��7 r1o�3 MARYARDC3LIN0 � WdrpRY PUBLIC STATE OF T�qS MY Com►r�ssbn Expires 04-27-2013 3 A CERTI�IED COPY Attest:�d.AR 2 4 2A1� OWIGHT D. SULLIVAN, County Clerk 6alveston, County Texas ByS�LZ�I ��;�rIL, Deputy EXI-QBI'I'"A,• METES AND BOUNDS DESCRIPTION 150 SQUARE FEET OUT OF LOT 2, BLOCK"H" CENTRAL PARK FRIENDSW40D, GALVEST�N COUNTY,TEXAS All that certain 1 SO square feet being out af Lot 2, Block"H", Central Park accordin�to the plat thereof as fited in Volume 105, Page 151 Galveston County Map Records, Friendswood, Galveston County, Texas and being out of that certain tract as described in a deed dated O1-01-1967 from Cecil Brawn to Friendswood Independent Schoal District as filed in Volume 1835, Page 6 Galveston County Deed Records and being more particularly described by metes and bounds as follows (bearings based on Te7cas Coordinate System of 1983, South Central Zone); Commencing at a found 1" iron pipe marking the east corner of said Friendswood Independent School District tract; Thence N 48° 18' 34" W with the southwest right-of-way tine of Greenbriar Drive passing at a distance of 9.9I' a found 5I8" iron rod with cap (stamped C.L. DAVIS — R.PLS 4464) and continuing with the southwest right-of-way line of said Cneenbriar Drive for a total distance of 209.74' to the POINT OF BEGINNING of herein described tract; 1. Thence S 41°41' 26"W— 10.00'to a point for comer; 2. Thence N 48° 18' 34"W— I5.00'to a point for carner; 3. Thence N 41°41' 26" E— 10.00' to a point for comer; 4. Thence S 48° ]8' 34" E — 15.00' with the southwest right-of-way line of said Greenbriar Drive to the POINT OF BEGINNING and containing 150 square feet of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 6fi3.19(9). Compiled by: C.L. Davis&Company Job Number: 1 I-941-WM-ESMT M&B.doc I 1/l6/2010 t I-941-WM-FSM7'M&B.da: A CER�AR 2 4 2011 Attest; DWIGHT D. 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Xa(�� mp2oa^� �oo�� Q U � o I J I ($ FV o oaw� �~ o��° Z Q °o °o °o ��W`�' � V 3 Z ao., Q F" � � „a -" � �o oh� � d �ri o �i o�Zrn� � Y a -,+ � '' 0 o w°o ° W .� I � I Q �.-� � 3 J J 3► � � W F�3 � � 2 ^ N � et m0 J J �! J �.I V «8� 1l81HX3 �' A CERTIFFED COPY ��e�: 1AAR 2 4 2011 DWIGHT D. SULLIVAN, Coun�ty Clerk Gaiveston, Cou ,Texas By:��--�a�=—�eP�tY FILED ANQ REC4RQED c�Pj� � F �m OFFICIAL PUBLIC RECORDS �f, � ,� �''°"� 20 1 15030 March 24, 2911 03:01:15 PM FEE: $40.00 Dwight D. Sullivan, County Clerk Galveston County, TEXAS A CERTIFiED COPY Atcest:�R � 4 ��•• DWIGHT D. SULL.IVAN, County Clerk , �alv �ton, County, Texas 8Y �� ._..D�puty