HomeMy WebLinkAboutNo Address - Right-of-Way - GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT 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 u
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IN WITNESS WHEREOF,this instrument is executed this DATE day of MONTH,2015.
GRAN R:
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By: Nueva d� W^� c.�e r (Name)
ev\`� (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 "C rv%!AU
2015. � � A
RHONDA L. SYKES Notary Public In and For the Stale of Texas
+• •fi= Notary Publlo,State of texas
My Commission Expires
May 06, 2016 My Commission Expires: s o
ACCEPTED BY GRANTEE: ATTEST:
FRIE/� .,
Kev n olland, Mayor Melinda Welsh, TRMC p
\ City Secretary
ADDRESS OF GRANTEE: • N
City of Friendswood,Texas '•F O F S •'
910 South Friendswood Drive '
Friendswood,Texas 77546
EXHIBIT A
Description of a 0 36 acre tract of land situated in We Mary Fabreau Survey,Abstract No 69,
Galveston County,Taxes,said 0 36 acre tract of land being out of and a part of Reserve'T'
located at Fneadswood Lakes,Section I subdivision as recorded at Volume 18,Map No 1176
of the Map Records of Oaiveston County,Texas,said 0.36 acre tract of land being more
particularly described by metes and bounds as follows
NOTE Bearing basis for this description is the Southerly line of said Fnendswood Lakes,
Section I subdivision,said Southerly has being S 45°00'00"E
BEGINNING at the Northerly comer of thus description and else being the Easterly comer of
Reserve"C'ofsaid Friendswood Lakes,Section 1;said point also being in the Northerly line of
Sara Reserve"P'
THENCE S 51°27'34"B with the Northeuterly line of this description and across said Reserve
'T'a distance of 15&87 feet to the Easterly comer of this description and also being in the
Southerly line of said Roserve'7",said point being the beginning ofa tion•tangent ewe to the
left,concave Southerly
TRENCH in a Westerly direction with the Southeasterly line oftlus description,the Southerly
has of said Reserve"I"and said non-tangent curve to the left having a central angle of 5 056'47",
a radius of 180.00 feet,an are length of 18.68 feet and u chord bearing and distance of S
68°58'38"W,18 67 feet to the and of this curve
THENCE S 66 000'12"W with the Southeasterly line of this description and the Southerly hue of
said Reserve'T'a distance of 94 56 feet to the Southerly corner ofthis description.
TRENCH N 51°27'34"W with the Southwesterly line of this description and across said
Reserve"1"a distance of ISg 15 feet to the Westerly comer of this description and also being the
Southerly comer of said Reserve"C';said point being in the Northerly line ofsard Reserve"1"
and also being the beginning ofa non-tangent curve to the right,concave Northerly
TRENCH in a Easterly direction with the Northwesterly line of this description,the Northerly
line of said Reserve"I",the Southody line ofsotd Reserve"C"end said non-tangent curve to the
right having a central angle of 3°2732",aradius of 180 00 feet,an an;length of 10 87 feet and a
chord bearing mid distance of N 67 043'55"E,10 86 feet to the end of this curve,
THENCE N 66000'12"B with the Northwesterly line of this description,the Northerly line of
said Reserve'T'and the Southerly line of said Rwotvo"U's dnstanco of 102 01 feel to the
PLACE OF BEOINNING;containing within surd boundaries a calculated area of 0 36 acres
(15,784 90 sq.ft.)of land
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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.
E0
Dwight D. Sullivan, County Clerk
OF 0 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 offIciai public Record.
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 part of Reserve "F' 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 2"d day of February,2015.
IZevin M. Ho d
Mayor
ATTEST:
Melinda Welsh, T '�A. •°
City Secretary
OFD .
82015-04 2