HomeMy WebLinkAboutResolution No. 2015-11 RESOLUTION NO.R2015-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND
IS NEEDED FOR THE CONSTRUCTION, OPERATION,
AND MAINTENANCE OF A DRAINAGE EASEMENT;
ACCEPTING THE DEDICATION OF SAID LAND FROM
BRUCE AND KAREN BURTON,PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood now finds and determines that
public convenience and necessity requires the City of Friendswood to acquire property over and
across a tract of land containing 4,298 square feet for the construction, operation, and
maintenance of a drainage easement in the City of Friendswood, Texas, a more specific
description of said 4,298 square feet of land is contained in Exhibit "A", Storm Drainage
Easement, and made a part thereof, (herein after the"Land"); and
WHEREAS, the City of Friendswood, through its duly authorized representative, has
negotiated with the owners of said tract of land for the dedication of such property for the herein
stated purpose and has been able to agree with such owners as to the fair market value 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 property over the herein described tract of land and that the donation of the property is approved.
Section 3. The Mayor is authorized to execute any documentation necessary to accept,
document,and record said Deed.
PASSED,APPROVED,AND RESOLVED this 4th day of May,2015.
Kevin M. H` hand
Mayor
ATTEST:
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Melinda Welsh, TRMC :
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City Secretary ;
.•y�F OF T��e'••
R2015-11 2
R2015-11
Exhibit A 2 0 rj
STORM DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT BRUCE S BURTON and KAREN BURTON ("Grantors"), for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in
hand paid to Grantors 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, have GRANTED, SOLD, and CONVEYED, and by these presents do 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 storm
drainage facilities in,under, over,along, upon,and across that certain 4,298 square feet tract of land,
more or less (`Basement'), same being more particularly described and shown in Exhibit "A",
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 storm drainage facilities within said Easement and to operate thereon all necessary
machinery and equipment to efficiently prosecute the work. Grantors retain, reserve, 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
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 Grantors binds themselves,their heirs, executors, administrators 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 Grantors,but not otherwise
IN WITNESS WHEREOF,this instrument is executed this 4TH day of May,2015.
GRANTORS
Bruce S Burton
f
'Karen B rrton
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Bruce S
Burton, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
20 /,—GIVEN under my hand and seal of office, this �� day of
� e -'l�zeztl
K7Sullivan Notary Pub, 'c In and For the State of Texas
NOIC STAAS MY COM 28/2018 My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Karen
Burton, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
GIVEN under my hand and seal of office, this day of � ,0
207 ?'
��'pY PUBS 78TATE 7PUBLIC
Notary Pri lic In and For the State of Texas
� 9 018 1
My Commission Expir es: l ��
ACCEPTED BY GRANTEE: ATTEST: (�(�
F�, 1a � ` COX
Kerlin Holland, Mayor Melinda Welsh,TRMC
City Secretary
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ADDRESS OF GRANTEE: � '
City of Friendswood,Texas
910 South Friendswood Drive G
Friendswood,Texas 77546 N'. a
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19701 STATE HIGHWAY 6,MANVEL,TEXAS 77578
PHONE:(281)519-8530
TBPLS FIRM#10040400
www.f mssurveying.com
PROPOSED 20' WIDE DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
OF
A tract of land containing 4,298 square feet of land,out of and being part of Lot 2 of the
Partial Replat of Oak Creek Forest, a map recorded under Plat Record 2001A, Map No. 38,
of the Galveston County Map Records (GCMR),with said 4,298 square feet of land being
more particularly described in metes and bounds as follows:
COMMENCING at A 1/2" iron rod (ir)found (bent) in the called Northeast right-of-way
line of Thomas Drive, called to be a 60 foot wide right-of-way,at a Southeast corner of
Longwood Park,Section 3, a map recorded under volume 14, page 70,GCMR,the
Southeast corner of a called 30' drainage easement as recorded under volume 14, page
70 of the Galveston County Deed Records(GCDR) and the West corner of Oak Creek
Forest,also being the West corner of Lot 1 of said Oak Creek Forest, a map recorded
under Galveston County Clerk's File No. (GCCF No.) 2006012011, also being a point of
curvature to the left;
THENCE: Along and with the Northeast right-of-way of Thomas Drive and the Southwest
line of said Lot 1 with the arc of a curve to the left with a radius of 25.00 feet,a length of
18.69 feet,a delta angle of 42°50'04"and a chord which bears 18.26 feet,S 69°55'20" E,
to a point for reverse curvature in the Northeast right-of-way of Thomas Drive and the
Southwest line of said Lot 1;
THENCE: Continuing along and with the common lines of Thomas' right-of-way line and
said Lot 1, along a curve to the right having a radius of 50.00 feet, a length of 125.99 feet,
a delta angle of 144°22'26"and
EXHIBIT "B "
SHEET OF
a chord which bears 95.21 feet,S 19°09'11" E,to a point for corner in the right-of-way of
Thomas and the West line of Lot 2 of said Replat of Oak Creek Forest and the North
corner and Point of Beginning of the herein described tract;
THENCE:S 48°30'29" E, departing from the common lines of Thomas'right-of-way line
and Lot 2, parallel to the common line of Lots 2 and 3 of said Replat of Oak Creek Forest,
a distance of 197.50 feet to a point for angle of this tract;
THENCE:S 20°12'10" E,Continuing across Lot 2, a distance of 20.79 feet to a point for
corner in the Northwest line of a called 20' drainage and utility easement, recorded
under Plat Record 2006A, Map No. 28 of the GCMR, being the most easterly corner of the
herein described tract;
THENCE:S 41°42'50" W, along and with the Northwest line of said drainage and utility
easement, a distance of 10.14 feet, to a point for corner in the Northwest line of the 20'
drainage and utility easement, in the North line of Lot 3 and the South line of Lot 2 and at
the Southeast corner of this tract,from which an it w/cap found stamped "RPLS 1855"
bears S 48°30'29"W 20.00 feet at the East corner of Lot 3 and South corner of Lot 2;
THENCE: N 48°30'29" W, along and with the common line of Lots 2 and 3 and the South
line of this tract, a distance of 224.75 feet to a point for corner in the Southeast
right-of-way line of Thomas Drive,at the Northeast corner of Lot 3,the West corner of
Lot 2,at the West corner of this tract;
THENCE:Along and with the East right-of-way of Thomas Drive,the West line of Lot 2 and
a curve to the left with a radius of 50.00 feet, a length of 22.11 feet,a delta angle of
25°20'10" and a chord which bears 21.93 feet, N 65°41'57" E,to the Point of Beginning
and containing 0.099 of an acre of land.
�E OF TF
��P E��STERe��qiP
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SCOTT R. SHERIDAN
cott R.Sheridan °°°°°°°°°°°°°°°°°°°°°°°°°°
6171
RPLS 3698 °ROaesso°?° O�
March 18, 2015 q�O<SU..
Notes:
1. The bearings contained herein are based on the Texas Plane Coordinate System,
Southcentral Zone No.4202.
2.This Exhibit"B" is to be accompanied by a separate Exhibit "A"which is a sketch of
this description.
SHEET 3 OF 3
FILED AND RECORDED
Instrument Number: 2015030473
Recording Fee: 46.00
Number Of Pages: 7
Filing and Recording Date: 05/13/2015 2:03PM
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.
Dwight D. Sullivan, County Clerk
ryOF G 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.