HomeMy WebLinkAboutOrdinance No. 2026-12 ORDINANCE NO. 2026-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDS WOOD, TEXAS, AUTHORIZING THE RELEASE AND
ABANDONMENT OF A TWENTY-ONE AND ONE-HALF FOOT(21.5')WIDE
ELECTRIC EASEMENT CONSISTING OF 1.076 ACRES LOCATED ALONG
THE WESTERLY PROPERTY LINE OF 3535 FM 528 AND EXTENDING
SOUTH TO THE HARRIS COUNTY FLOOD CONTROL DITCH AS
RECORDED IN HARRIS COUNTY REAL PROPERTY RECORDS, FILE
NUMBER RP-2024-424559, CITY OF FRIENDSWOOD, HARRIS COUNTY,
TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE
AND ABANDONMENT OF ELECTRIC EASEMENT RELEASING THE
CITY'S INTEREST IN SAID EASEMENT; AND ESTABLISHING THE
EFFECTIVE DATE.
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WHEREAS, on November 4, 2024,the City Council authorized the Property Conveyance
and License Agreement (the "Agreement") with Clear Creek Independent School District (the
"District"),wherein the District agreed,among other things,to convey a twenty-one-and-one-half
foot (21.5') wide electric easement consisting of 1.076 acres located along the westerly property
line of 3535 FM 528 and extending south to the Harris County Flood Control Ditch as recorded in
Harris County Real Property Records,File Number RP-2024-424559,City of Friendswood,Harris
County, Texas (the "Easement") to the City of Friendswood (the "City") to facilitate the
development of certain public improvements by Madison Development Corp., LLC (the
"Developer"); and
WHEREAS, on November 8, 2024, the District conveyed the Easement to the City, and
on November 13, 2024,the City accepted the same; and
WHEREAS,since the time of such conveyance, no facilities have been placed within the
Easement; and
WHEREAS, the District, the Developer, and the City now desire that the Easement be
released and abandoned in order for a new electric easement to be conveyed directly to
CenterPoint Energy Houston Electric,LLC ("CenterPoint");
WHEREAS, on April 9, 2026, after conducting a public hearing in the time and manner
required by law, the Planning and Zoning Commission of the City of Friendswood voted to
recommend approval of vacating the Easement to the City Council; and
WHEREAS,on May 4,2026,the City Council conducted a public hearing to consider any
public comments concerning the request to vacate the Easement; and
WHEREAS, after considering the testimony and evidence received at the public, the City
Council has determined that the Easement is no longer necessary for the City;and
WHEREAS, City Council has further determined that all public notices have been posted
and published,all required hearings on this matter have been held,and that this ordinance complies
with the applicable provisions of the City Charter, the Friendswood City Code, and all other
applicable laws;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That the facts and matters set forth in the preamble of this ordinance are
hereby found to be true and correct.
Section 2. That the City Council of the City of Friendswood, Texas, hereby
authorizes the abandonment of the City's interest in the Easement.
Section 3. That the City Manager is hereby authorized to execute and the City
Secretary to attest to the Release and Abandonment of Electric Easement, which is attached as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 4. This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Friendswood,Texas.
INTRODUCED, READ AND PASSED on first and final reading by the affirmative vote
of the City Council of the City of Friendswood on this the 4th day of May,2026.
MIKE 'I RE • N, Mayor
ATTEST:
A ��"� o� FRIENoS
RAQ EL RTINEZ, City Secr c� ;' O
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P�
APPROVED AS TO FORM: �
KAREN L. HORNER, City Attorney
H:\City Council\Ordinances12026\05-04-2026\Ordinance-Abandonment of Electric Easement.docx
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EXHIBIT "A"
RELEASE AND ABANDONMENT OF ELECTRIC EASEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
The CITY OF FRIENDSWOOD, TEXAS, a home-rule municipal corporation located in
Harris and Galveston Counties, Texas, hereby releases, abandons and disclaims all rights, title and
interest it may have in and to that certain Electric Easement granted to the CITY OF FRIENDSWOOD,
TEXAS, as set out by the instrument filed and recorded in Harris County real property records under
County Clerk File No. RP-2024-424559, which easement is attached hereto as Exhibit"A."
This release and abandonment is not intended to and shall not affect any other easement of the
CITY OF FRIENDSWOOD, TEXAS, and no other easement or property right of the CITY OF
FRIENDSWOOD, TEXAS, shall be deemed to be released, abandoned or waived by the execution and
filing of this document.
EXECUTED this day of ,2026.
THE CITY OF FRIENDS WOOD,TEXAS
MORAD KABIRI,City Manager
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, ,the undersigned notary public,on this
day personally appeared MORAD KABIRI,the City Manager of the City of Friendswood,known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed that instrument for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of , 2026.
Notary Public in and for the State of Texas
AFTER RECORDING, RETURN TO:
City of Friendswood
Attn: City Secretary
910 S. Friendswood Dr.
Friendswood,TX 77546
Abandonment of Electric Easement, Page Solo
Exhibit "A"
RP-2024-424559
11/14/2024 ER $41.00
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN •
REAL PROPERTY BEFORE l'I' IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
FT,ECTRTC F,ASFMMFNT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS: ,
COUNTY OF HARRIS §
THAT CLEAR CREEK INDEPENDENT SCHOOL DISTRICT,a political subdivision
of the State of Texas("GRANTOR"),for and in consideration of TEN AND NO/100 DOLLARS
(S10.00)and other good and valuable consideration paid by the GRANTEE herein named, the
receipt and sufficiency of which arc hereby acknowledged and confessed, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN,
SELL AND CONVEY unto the CITY OF FRIENDSWOOD,TEXAS,a home-rule municipal
u7 0corporation located in Hams and Galveston Counties, Texas, its successors and assigns
(collectively"GRANTEE"),a perpetual electric casement in,under,over,along,upon,and across
that certain tract of land, being more particularly described in Exhibit"A," which is attached
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CVhereto and incorporated herein for all intents and purposes(the"Easement").
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This conveyance is made subject to the following to the extent the same arc still in cffxt,
related to the Property: all easements, rights-of-way, reservations of mineral leases respecting
mineral interests,and all other matters of record in the Official Public Records of Real Property of
Harris County,Texas,to which GRANTEE may be legally bound.
TO HAVE AND TO HOLD the abovc•dcscribcd Easement,together with all and singular
the rights and appurtenances thereto in any wise belonging,together with the rights of ingress
and egress to and from the Easement for the purposes of constructing,inspecting,reconstructing,
repairing, relocating, altering, and maintaining electric service facilities, including lines and
related facilities(the"Facilities"),unto the said GRANTEE,its successors and assigns forever,
provided,however,only trees previously designated by GRANTOR may be removed from the
Easement. GRANTOR binds itself as well as its successors and assigns,to warrant and forever
defend all and singular the Fncrment unto GRANTEE and GRANTEE'S successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof by,
Etec'r'c taccmcnt,Page I
Exhibit"A," Page 1
At all times after performing any work in connection with the Easement.GRANTEE shall
• at GRANTEE'S expense. promptly restore the Easement as nearly as reasonably practicable to
substantially the condition prior to the undertaking of such work.
GRANTEE,at GRANTEE'S sole expense.shall be solely responsible for the maintenance
of the Facilities placed or constructed within the Easement by the GRANTEE.
GRANTEE agrees to comply in all material respects,at its sole cost,with all applicable
federal, state and local laws. rules. and regulations which are applicable to GRANTEE'S
activities hereunder.
GRANTOR expressly reserves the right to the use and enjoyment of the surface of the
Easement for any and all purposes.provided,however,that such use and enjoyment of the surface
of the Easement shall not materially and unreasonably interfere with or restrict the full and
complete use and enjoyment of the Easement for the purposes set forth herein.
Executed this
}�i�day of n_ _ / 2024.
to
N GRANTOR:
CI.F.ApREF.K INDEPENDENT
Nzt• SCir•OL DISTRICT
CC • AIM O SAKI IIE Z
Precid.nt oft Ioard of Tnistees
STATE OF TEXAS
COUNTY OF GALVESTON
BEFORE ME,C1Y t>a Is,t04./{4 0tA, the undersigned notary public, on this day
personally appeared Arturo Sanchez President of the Board of Trustees of the Clear Creek
Independent School District,the owner of the Property,known to me to he the person whose name
is subscribed to the foregoing instrument.and acknowledged to me that he executed that instrument
for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this X'21:1ifIty ot'*1serit. 024.
GRETA LYNN MCMAHON JL�,1
• TARY PUBLIC my u lie in and for the State of
• i OF TEXAS� STATE
`? ti1Y COMM.EXP 03:2727 Texas
NOTARY ID 13427388.2 • f
sty commission expires: 310 1
I1ccrric fia•cn+:rtti f at c 2
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Exhibit"A," Pagc 2
ACCEPTED BY:
CITY OF FRIENDSWOOD.TEXAS
By: Z
----
htOR, .4E31RI.Ciiy NI:Inaccr
STATE OF TEXAS
COUNTY OF GALVEST V *
BEFORE ME.1-11 r t�-` ,the undersigned notary public,on this day personally
appeared NlORAD KABIRI,the City Manager of the City of Friendswood.known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed that instrument for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this '''dav orni• l_.c 2024.
a) Id
t� t ETICIA C E3R`'sC►+ Notary Public in a d r tltc State of
'� �� tictnry ID�i3 sf?d58.9
N `I•CGmmrlsior Expven Texa.:
I � , - J�i+�e.vy 2027 '}�,^�
O - My commission expires 3) 11
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a tY GRANTOR'S ADDRESS:
Clear Crock Independent School District
Attn:Superintendent
P.O. Box 799 .
1.eagtte City,TX 77574
AFTER RECORDING RETURN TO:
City of Fricndswood
Atm:City Secretary
9(0 S.Fricndswood Drive
Fricndswood,TX 77546
f Irstric_E;i�`rnLcnt.I'rgc 3
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Exhibit"A," Page 3
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
1.076 ACRES(46.884 SQUARE FEET)
SARAH MCKISSICK LEAGUE,A-549
CITY OF FRtENDSW00D
HARRIS COUNTY,TEXAS
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Being a tract or parcel containing I.D76 acres (46.884 square feel)of land situated in
the Sarah McKissick League,Abstract Number 549.Harris County,Texas; being out of
and a part of Restricted Reserve"A",WESTSIDE MIDDLE SCHOOL,a subdivision plat
of record at Film Code No. 359101, Harris County Map Records(H.C.M.R); being out
of and a part of a called 28.9270 are tract of land conveyed to Clear Creek Independent
School District as described by deed recorded under Harris County Clerk's File
(H.C.C.F.)No. P59B260; being out of and a part of a called 10.0000 acre tract of land
conveyed to Clear Creek Independent School District as described by deed recorded
under H.C.C.F. No. P598262; said 1.076 acre tract of land being more particularly
described as follows (bearings are oriented to the Texas State Plane Coordinate
System of 1983,South Central Zone 4204, US Surrey Feet,NADB3(NA2011):
COMMENCING at a 5/8-Inch Iron rod found marking the intersection of the southerly right-
of-way (R.O.W.)line of F.M. 528 (120 feet wide)with a westerly line of a called 12.2828
cn acre tract of land conveyed to Hails County Flood Control District(H.C.F.C.D.Unit No.A-
ir)) 114-02.00)as described by deeds recorded under H.C.C.F.No(s).E449568 and K384682;
said Iron rod for the northwest corner of Restricted Reserve 'F', AUTUMN CREEK
COMMERCIAL TRACT `1W0", a subdivision plat of record at Film Code No. 410065,
Harris County flap Records (H.C.M.R.)and also for the northeast comer of said Restricted
Reserve'A'; said iron red having Texas State Plane Grid Coordinates of X=3.18T.88424'
Na- and Y=13,757,264.1T;
THENCE, South 81'12'3T West,along said southerly R.O.W.line,a distance of 958.50
feet to the northeast corner and POINT OF BEGINNING of the herein described tract;
THENCE, South 08°4T23'East, departing said southerly R.O.W.line and over and across
said Restricted Resolve 'A' and 10.0000 acre tract, a distance of 2,170.69 foot to a
northwesterly Eno of said H.C.F.C.D. tract and for an angle point of the herein dascnbed
tract
THENCE, South 38:20'29' West, continuing along a northwesterly lino of said
H.C.F.C.D.tract,a distance of 29.34 feet to a 518-inch iron rod with cap stamped'RPLS
3974' found marking the southerly common corner of said 10.0000 acre tract and a
called 106.472 acre tract of land convoyed to Madison Development Corp., LLC as
described by deed recorded under H.C.C.F. No. RP-2023-65754; said iron rod for the
most southerly corner of the herein described tract:
A-I
Exhibit"A," Page 4
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METES AND BOUNDS DESCRIPTION
1.076 ACRES(46.884 SQ.FT.)
PAGE 2 OF 2
• THENCE. North 08447'23' West, at 901.29 fent passing a 5/8-inch iron rod found
marking the southwest corner of said Restricted Reserve 'A" and northwest corner of
said 10.0060 acre tract ccntuiuing in all for a total distance of 2.190.65 feet to a 5/8-
inch iron rod found al the base of a concrete Fitt station pad on the aforesaid southerly
R.O.W. tine of F.M. 528 and marking the northerly common corner of said Restricted
Reserve'A' and 106.472 acre tract said iron rod for the northwest corner of the herein
described tract;
THENCE. North 81°12.37' East. along said southerly R.O.W. fine,a distance of 21.50
feel to me POINT OF BEGINNING and containing 1.076 acres (46.884 square feel)of
land. This description Is based upon a Standard Land Survey of 38.927 Acres of land
prepared by Boundary One.LLC. Protect Number 6767-2209.657G.
Compiled by:Chnstian°limburger,R.P.L.S.
Boundary One.L.L.C.
T.B.P.E.LS Firm No.10004800
150 VV.Shadowbend Ave..Suite 300 •P a10 .f
Friendswood.TX 77546 (} .
(281)648.3131 ,
vxw.boundaryone.corn 5489
May 10.2024 /1
klb1076.docx �k-�, 2
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A-2
Exhibit"A,"Page 5
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RP-2024-424559
Y Pages 6
11/14/2024 09:33 AM
o-Filed s 0-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
COUNTY CLERK
Fees $41.00
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n- RECORDERS MEMORANDUM
CC This instrument was received and recorded electronically
• and any blackouts, additions or changes were present
at the time the instrt=nnt was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the dascribcd real property because. of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY Or HARRI9
I hereby certify that this instrusent was FILED in
File HTrber Sequence on the date and at the tine stamped
hereon by an: and was duly RECORDED in the official
Public Records of Real Property of Harris County. Texas.
r� cOUATY cilia
HAUS COUATY,TIXAM
Exhibit"A," Page 6