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Home My WebLink AboutResolution No. 2015-04 RESOLUTION NO. R2015-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT AN EASEMENT IS NEEDED FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE EXTENSION OF FRIENDSWOOD LAKES BLVD ACROSS NORTH EAGLE CREEK; APPROVING THE ACCEPTANCE OF SAID EASEMENT FROM THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT, PROPERTY OWNER. WHEREAS, the City Council of the City of Friendswood finds and determines that public convenience and necessity require that the City acquire an easement (the "Easement') over, across and under a certain property located along North Eagle Creek, more specifically described in Exhibit "A" as being a 0.36 acre tract of land out of and a pail of Reserve "I" located in Friendswood Lakes, Section 1 subdivision as recorded at Volume 18, Map No. 1176 of the Map Records of Galveston County, 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 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 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 2nd day of February,2015. Kevin M. Ha hd Mayor ATTEST: Melinda Welsh, TRMC City Secretary ;•(j gTFOF ��P.• R2015-04 2 Exhibit A R2015-04 PUBLIC ROAD AND UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT GALVESTON COUNTY CONSOLIDATED DRAINAGE 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 a public road and ancillary utility facilities in, under, over, along, upon, and across that certain 0.36 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. There is further conveyed a fifteen foot (15') wide temporary construction easement, adjacent and parallel to the eastern and western boundaries of the above described permanent easement, for use by Grantee incidental to the construction of the facilities within the permanent easement adjacent thereto and granted hereby, which temporary construction easement shall expire (a) one hundred twenty [120] days from the date construction commences on such permanent easement, or (b) upon completion of the construction and installation of the facilities within such permanent easement whichever is last. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain a public road and ancillary utility facilities within said Easement 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 Eagle Creek 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 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 2—I jOAUC,ry IN WITNESS WHEREOF,this instrument is executed this DATE day of MONTH,2015. GR1,, R: ,x2ait� p By: ��NrotdT LJL\,•+c.Ler (Name) &C-y`C �r c5;Af v�` (Title) ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared AUTHORIZED OFFICER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that 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 GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT. GIVEN under my hand and seal of office, this Z -7 day of��o y�"e..•st.0 2015. c4`p','.Yq"'•,,, RHONDA L. SYKES Notary Public In and For the Stale of Texas s�z°,•' ; Notary Public,State of Texas gy1.,r My Commission Expires '-; 'af.,o May 06, 2016 My Commission Expires: ACCEPTED BY GRANTEE: ATTEST: �� • FRIE/� Kevin olland, Mayor Melinda Welsh, TRMC . p' City Secretary :U i ADDRESS OF GRANTEE: ; N•, City of Friendswood,Texas '• F O F T�•' 910 South Friendswood Drive Friendswood,Texas 77546 EXHIBIT A Pescriphon of a 0 36 acre tract of land situated in the Mary Pabreau Survey,Abstract No 69, Galveston County,Taxes,said 0 36 aim tract of land being out efand a pan of Reserve'T" located in Fnendswood Lakes,Section 1 subdivision as recorded at Volume 18,Map No 1176 Of the Map Records of Galveston County,Texas,said 0.36 ours tract of land being more pancculatly described by metes and bounds as follows - NOTE Bearing basis for this description is the 3outherlyline of said Fnendswood Lakes, Section t subdivision,said Southerly line being S 45°00'00"E BEGINNING at the Northerly comer of this description and also being the 8ssterly corner of Reserve"C"of said Fuendswood Lakes,Section l;said point also being to the Northerly line of sand Reserve"I" THENCE S 51"27'34"E with tke Northessterly line of this description and across said Reserve 'T'a distance of 158.87 feet to the Easterly corner of this description and also being in the Southerly line of said Reserve'T',said point being the beginning ofa non-tangent ewe to the leg,concave Southerly THENCE in a Westerly direction with the Southeasterly line of this description,the Southerly line of said Reserve"I"and said nan-tanga0 curve to the left having a central angle of 3 056147", a radius of 180.00 feet,an are length of 18.68 feet and a chord bearing and distance of S 68 058'38"W,18 67 feet to the end of this curve THENCE S 66°00'12"W with the Southeasterly line of this description and the Southerly line of said Reserve"p'a distance of 94 56 feet to the Southerly corner of this description. THENCE N 51°27'34"W with the Southwesterly line of this description and across said Reserva'T"a distance of 15815 feet to the Westerly comer of 0us description and also being the Southerly corner of said Reserve"C",said point being in the Northerly hire of said Reserve"I" and also being the beguming of a non-tangent curve to the right,concave Northerly THENCE in it Easterly direction with the Northwesterly line of this description,the Northerly Ime of said Reserve"I",the Southerly line ofsaid Reserve"C"and said non-tangent curve to the right having central angle of 3 02712",aradius of 180 00 feet,an arc length of 10 87 feet and a chord bearing and distance of N 67 043'55"$10 86 feet to the end of this curve, THENCE N 66 000'12"E with the Northwesterly line of this description,the Northerly hue of send Reserve"I"and the Southerly line ofsaid Reserve V's distance of 102 01 feel to the PLACE GP 13 WINNING;containing within said boundaries a calculated area of 36 acres (15,784 90 sq.ft.)of land I !I 1 t i FILED AND RECORDED Instrument Number: 2015009909 Recording Fee: 38.00 Number Of Pages: 5 Filing and Recording Date: 02/23/2015 12:10PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. E °ley yti°� Dwight D. Sullivan, County Clerk OF OA4 Galveston County, Texas NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY - Warning, this document is part of the Official Public Record.