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Home My WebLink AboutResolution No. 2011-19 RESOLUTION NO. R2011-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING AN ELECTRIC DISTRIBUTION LINE EASEMENT TO TEXAS-NEW MEXICO POWER COMPANY. * * * * * WHEREAS, the City Council of the City of Friendswood finds and determines that public convenience and necessity require that the City grant an electric distribution line easement (the "Easement") over, across and under a certain property located along FM 528, on all that certain 2,055 square feet of land out of 27.115 acres out of the Beatty, Seale and Norwood Survey, Section 5, Abstract 625 and out of the I. & G. N. R. R. Co. Survey, Section 22, Abstract 616 and being a portion of Tracts 1 and 2 as described in the deed dated 12-23-1996 from Southwest Sunsport, Inc. to the City of Friendswood as filed in the Official Records of Real Property of Galveston County at Clerk's File No. 9651642 Film Code 011-52-1015 in Friendswood, Texas as a part of the Animal Control Facility Project within the City; and WHEREAS, the City of Friendswood, does hereby grant said Easement for the herein stated purpose; 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 have been conducted by the authorized representative of the City for the granting of the Easement over the herein described tract of land, and that said negotiations were successful, and that the granting of the Easement for the negotiated price is approved. Section 3. The Mayar is authorized to execute any documentation necessary to accept, document, and record said Easement. PASSED,APPROVED,AND RESOLVED this 25�n day of July,20011. David . H. Smith Mayor ATTEST: . -�...��-`s-`- O� f R�ENps Melinda Welsh, TRMC � 0 City Secretary v o � * s ��rF OF ?f��'Py R2011-19 2 ELECTRIC DISTRIBUTION LINE EASEMENT STATE OF TEXA.S § § KNOW ALL MEN BY THESE COUNTY UF GALVEST4N § PRESENTS: THAT CITY O�' F'RT�NDSR'OOD (Grautor, whether one or more), of GALVESTON COUNTY,TFXA.S for and in consideration of the sum of One Dollars ($1.00) paid to Giantor by TEXAS-NEW MEXICO POWER CONIPANY ("Grantee", and a corporation),the receipt of which is hereby aclmowledged,has ganted, sold,and conveyed,and by these presents does grant,sell,and convey unto Grantee,its successors, and assigns,an easetnent or right-of-way for one or more electric lines and all necessary associaxed facilities,located over,across,along,under,and upon the following descn`bed lands("Easement")located in GALVESTON COUNTY,TEXAS,to witt: SEE EA'HIBTT"A" The sketch attached KEXHIIBTT B"hereto is incorporated herein by reference as a part of this Electric Distribution Line Easement_ Grantor herein reserves the right to use the Easement descnbed herein for all purposes except as herein respricted, subject, however, to the rights granted herein to Grrautee. Crrantor agrees to maintain. m;n;m� horizontal and vertical clearances on undergroimd faci.lities Cmantee owns which are canstructed after the effective date of this F,asement and the nearest electric line of CTrant�within this Easement Horizontal and vertical clearances shall comply with the National Elechic Safety Gode,and state or local ordinances,as currently in effect or as amended from time to time. Grantor shall not ase tlus Easement for the growi.ng of trees or of any other vegetatiion which,in the opinion of Grantee,may interfere with the construction,maintenance,operation,efficiency,or safety of the electric line. 1 Grantee, in addition to any other rights herein granted, shall have the right of ingress and egress to or from said Easement for tlie purpose of conshucting, reconshvcting, operating, inspecting, patrolling, maintaining, adding to,replacing, and removing the electric line or lines and all associated facilities;the right to relocate along the same general direction of said line or lines within this Easement;the right to remove from this Easement all trees and vegetarion (wild or cultivaied} and parts thereof (inciuding overhang from trees and vegetation growing outside this Easement)wtuch,in the opinion of Grantee, endanger or which ma.y interfere with the constcuction, maintenance, operation, efficiency, or safeiy of the eleciric line or lines and associated facilities; and the right to exercise all other rights ganted in ttris Easement All covenants of Gramtor in this Easement shall be binding on Grantor's heirs and assigns,and shall be covenants running with the land descn'bed herein. TO HA.VE AND TO HOLD the above-deseribed Easement and zights unto Grantee,its successors,and assigns,until said Easement sha11 be abandoned. SIGNED this 25 thday of July 2011. David J.H.Smith MAYOR,CTTY OF OD �rtiEN ATTEST: �OF as� 'y A ,�---�..2�.Q�� o Melinda Welsh, TRMC � � City Secretary * S 5 qTF oF t�.�,P 2 ACKNOWLEDGEMENT STATE OF I�SCCt.S § COUNTY OF C-�'�'��c'�.;}� § '1'he foregoing instiwnenx was ackmowledged before me this�day of �V� 2011,by David J.H.Smith,Mavor of Citv of F iendswood .a municipality,on behalf of said municipality. My Commission E�cpires: �_i�t ' �C�"`-'"�-�`� ° Notary Public -----�� l � (g I,��1'-� P j '�V\� u�,y�,.,� ype or print name of Notary) MICM�LLE ANN PEREZ � „ NOTARY PUBLiC STATE OF TEXAS Ret�urn to: Texas-New Mezico Power Company 1207 W Parkwood Ave Friendswood,TX 77546 3 EXH�B�T°A° EASEMENT METES AND BOUNDS DESCRIPTION 2,055 SQUARE FEET OUT OF Beatty, Seal&Non+vood Survey,Sectian 5,Abstracf 625 and I.&G. N. R.R.Co.,5ection 22,Abstraot fi16 FRIENDSWOOD, GALVESTON CQtINTY,TEXAS Alt that certain 2,055 square feet aut af 27.115 acres out of the Beatty, Seale and Norwood Suroey, Section 5, Abstract 625 and out of the 1. & G. N. R.R. Co. Survey, Secfion 22,Abstract 616 and being a portion of Tracts 1 and 2 as described in the deed dated 12-23-9996 from Southwest Sunsport, Inc.to tFte City of Friendswood as filed in Official Recorcls af Real Property of Galveston County a�C[eric's Fife No. 9651642 F[fm Code 011-52-1015 and being more particularly described in metes and bounds description as follows: Commencing ai� a 5/8n iron rod found mar[cing the masE northwesterly corner of said Tract 1 and marking a point on ff�e westedy right-of�vay of W. Parkwood Avenue (FM 528) ('i80.0 foot ROV1n bearing S 32 degrees 32 minutes 47 secdnds W— 174.13 feet, to a found brass disk,thence S 33 degrees t}1 minuEes 36 secontls W—5.39#eet to the PO{NT OF BEGINNING of herein described tract; Thence S 81 degrees 03 rninutes 49 secon�fs E— 133.63 feet to a '/" iron rod set for comer, Thence S 08 degrees 56 minutes 11 seconds W— 15.OQ fee#to a '/" iron rod set far comer; Thence N 81 degr�,s Q3 minufes 49 seconds W— 140.34 fee#to a '/° iror� rod se#for corner, said point being on the westerly right-of-way of W. Parkwood Avenue(FM 528) (180.0 ROII�; Tf�ence N 33 degrees U9 minutes 3f seconds E-16.43 feet along wes�erly right of-way iine of said W_Parkuvood Avenue (�M 528)fo the POfNT AND PLACE OF BEGfNNING containing 2,055 square feet o#�and more or less. l��l�/'' ' �y� rrr �z �.�i� assan Moghaddam,P.E., RP.1..S Texas RPLS No.2422 �E O��-� San Miguel Drive �P Friendswood,Texas 77546 �' � 4 �� r ��' —._.�ooA �� 24,�-..._.� � "��o��o PQ[NT CG �a� zR t:OM1�Ei�IG � �S�. c�j. 4i�, "' r��. � ,�a . Q'Rs � �' SoS 0,4,�r��'c 3� oo. �� '� P �t�s �r��u.. v�c. �� t � T!1 SUUTHVEST SIAVSPORTS, iNC. Q. �� 9�1972 006-80-180.5 Q ��L fll-I5-I990 ,�' h ALSO SEE� El41A.IORFAN PAlRPH'( EXECUTRTX TCI LE7'S PLAY HALL, iMC. S 33' OI' 36' V - 5.39' B742274 005-54-1973 10-30-1987 pBINT OFBESINNII�N'i � �� dl� SEr y� 1R M 33' 1' 3b' E - 1643' S 81• 3• 4S' � .. i�� SET Y' Sii SET 'k' IR 2.�55 SQ FT. �~ k $j� 3' 49- � w ' 140.3q� $ 8' S6' ll' W - 15A0' � t5' VIDE ,) EIECTR2C SET !f' IR �o � SG. fTa o� �� ti S 80` py $Q�E _ �9� c�urrant 7mm��oF Pro�f�sla�net� �� T��EAT7y�15�ES �--� o�cot�stondnMs tts��knLar�s far AND�J7 qj.. �,�L�AA��y��1RV � .�l �'.�i"Ol t�2°� �E OF T� �crtari,ea A�T�t�SU1�y�Y Fr Mnssen Mo�m tltlan.A.L„RO.LS. # 7axns RPL�Na 2422 * 2109 Sen tY�uei IIAre * v�imds�ood,Tnms TlSS6 �N 11fOG}tqp� x �Q� E�h.fbft"B" COMMUNlTY DEVELOPMENT DEPARTMENT DRAWM: 06/09 SCALE: 1" = 50' DRAWING: TNbSP—ACt �� Mayor DAVID J.H.SMITH �� , City of Friendswood M JIM HILLem � � 910 South Friendswood Drive Councilmembers � .� � Friendswood, Texas 77546-4856 MICx.�L E.B.aR�x BILLY J.ENOCHS � �2g 1� 996-327� PATRICK J.M`GINNIS � � Fax: (281) 482-1634 Jo�rscorr ��EX��` DEIRDRE BROWN City Manager ROGER ROECKER City Secretary MELINDA WELSH,TRMC August 9, 2011 Texas New Mexico Power 1207 W.Parkwood Ave. Friendswood, TX 77546 SUBJECT: Electric Distribution Line Easement Dear Sir: For your records, I have enclosed a copy of Resolution No. R2011-19 granting an electric distribution line easement to Texas-New Mexico�Power Company as part of the Animal Control Facility Project within the City. This Resolution was approved at the City Council meeting on July 25, 2011. If you have any questions regarding this letter,please contact me at 281-996-3270. Sincerely, v ��.�.�--C/\ ��.�� Melinda Welsh, TRMC City Secretary Enc.