HomeMy WebLinkAboutSanitary Sewer Easement - J. Hill Investments, INC. - 209 E SPREADING OAKS EXHIBIT 1.
SANITARY SEWER EASEMENT
THE STATE, OF TEXAS §
§ 1 OW ALL MEN BY THESE PRESENTS
COUNTY OF GALVESTON §
That J. HILL INVESTMENTS, INC. ("Grantor"), for and in consideration. of the sum of Ten
Dollars ($10.00) and other good and valuable consideration paid in hand 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 ac.1-mowledged 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 public underground sanitary sewer lines
and facilities in, under, over, along, upon and across that certain 0.0477 acre tract of land
("Easement") same being more particularly described in Exhibit A and shown in Exhibit B,
both 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 a public underground sanitary sewer line and 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 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 me still in force arid effect and enforceable against the same. The
Easement, along with all rights and privileges relating thereto, shall teri-ninate 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 himself, his heirs., executors, admm* lstrators 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 lawfally claiming or to claim the same
or any part thereof, except as to the reser'llyations from and exceptions to conveyance and
warranty, when the claim is by,through or un(.,er Grantor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed this day of
e-y , 2020.
GRANTOR
J. HILL INVESTMENTS, INC.
IN
(Acknowledgement on the Following Page)
STATE OF TEXAS
COUNTY OF GALVESTON
On the 95 day of N'0Ver-A l-- r , 2020, before me, the undersigned
Notary Public, personally appeared John Adam Hill, President, known to me or satisfactorily
proven to be the person whose name is subscribed to this instrument in his capacity as President
of J. Hill Investments, Inc., d/b/a Sterling Builders and acknowledged that he executed the
same for the purpose contained therein on behalf of said corl i�n,
otFnY. �.�O��i� R. D'ANN ANDRUS
Notary Public, S, at f Texas
* i :,= Notary Public, Siate of Texas
�f q..l.,.+„Commission Expires 08-17-2022
f� ,,;, Notary ID 124292657
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kCCEPTED BY GRANTEE: ATTEST:
Mike
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
Melinda Welsh, TRMC
City Secretary
EXHIBIT "A"
PRO -SURV
SURVEYINCi AND MAPPING
EMAIL: orders@prosurv.Ket
T.13.P.E.L.S. FIRM 4�10,11-g3oo
P.O. 13OX 13 6(o
FRIENDSWOOD, TEXAS 775-4 q
PHONE: 2-91--q q6--13-1-3
[) 2020 PRO-SURV, ALL RICtHTS RESERVED
2080 SQ.FT.(0.0477 ACRE)
8 FOOT SANITARY SEWER EASEMENT
METES AND BOUNDS DESCRIPTION
SARAH MCKISSICK SURVEY
J.R.WILLIAMS LEAGUE
ABSTRACT 151
GALVESTON COUNTY,TEXAS
A TRACT OF LAND CONTAINING 0.0477 ACRES (2,080 SQUARE FEET) OF LAND, MORE OR LESS, BEING AN 8 FOOT SANITARY
SEWER EASEMENT ALONG THE SOUTHEASTERN PROPERTY LINE OF AN 0.8057 ACRE BEING OUT OF LOT 1, BLOCK 4 OF
FRIENDSWOOD, IN THE SARAH MCKISSICK OR J.R.WILLIAMS LEAGUE,GALVESTON COUNTY,TEXAS,SAID 0.8057 ACRE TRACT
BEING CONVEYED IN DEED RECORDED UNDER CLERK'S FILE NUMBER 2020060529 WITH SAID EASEMENT BEING FURTHER
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE EAST CORNER OF SAID 0.8057 ACRE TRACT,SAID POINT BEING
SITUATED ON THE SOUTHWEST RIGHT-OF-WAY LINE OF QUAKER DRIVE, BASED ON A WIDTH OF 60.00 FEET;
THENCE SOUTH 45000'00"WEST,ALONG THE SOUTHEAST LINE OF SAID 0.8057 ACRE TRACT,A DISTANCE OF 260.00 FEET TO
A 1 INCH IRON PIPE FOUND AT THE SOUTH CORNER OF SAID 0.8057 ACRE TRACT;
THENCE NORTH 45°00100"WEST,ALONG THE SOUTHWEST LINE OF SAID 0.8057 ACRE TRACT,A DISTANCE OF 8.00 FEET TO A
POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 45000100" EAST, CROSSING SAID 0.8057 ACRE TRACT, A DISTANCE OF 260.00 FEET TO A POINT FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND BEING IN THE SAID RIGHT-OF-WAY LINE OF QUAKER DRIVE;
THENCE SOUTH 45000100" EAST, ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 8.00 FEET RETURNING TO THE POINT OF
BEGINNING AND CONTAINING 2080 SQUARE FOOT(0.0477 ACRE)OF LAND,MORE OR LESS
SEE PROJECT#PS2011172 FOR DRAWING OF ABOVE DESCRIBED EASEMENT AS PREPARED BY PRO-SURV, LLC, P.O. BOX 1366,
FRIENDSWOOD,TEXAS,77546,PHONE(281)996-1113.
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FILED AND RECORDED
Instrument Number: 2020079883
Recording Fee: 42.00
Number Of Pages:6
Filing and Recording Date: 12/10/2020 9:34AM
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--O4 - Ali,
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Dwignt D. Sulhvan,, CountyClerk
G ilvestonCounty, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record,
Final Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING REGARDING BLACKHAWK INLINE AND
OFFLINE DETENTION BASINS FLOOD CONTROL PROJECT FRIENDSWOOD, TEXAS
This Memorandum of Understanding (MOU) is by and between the Autumn Creek Homeowners
Association, Friendswood Cove Homeowners Association, Friendswood Oaks Homeowners
Association and the City of Friendswood, Texas, a home rule municipal corporation of the State of
Texas ("the City").
WHEREAS, flooding in the Clear Creek watershed poses risks to property and residents in the City of
Friendswood; and,
WHEREAS, addressing the risks and impacts of flooding along Clear Creek requires
cooperation between the City and multiple entities; and,
WHEREAS, homeowners in Autumn Creek, Friendswood Cove, and Friendswood Oaks wish to
mitigate flooding; and,
WHEREAS, the City wishes to design and construct the Blackhawk Inline and Offline Detention
Basins Flood Control Project from which Autumn Creek, Friendswood Oaks, and Friendswood
Cove subdivisions will benefit via improvements to their existing respective detention ponds; and
NOW, THEREFORE, Autumn Creeks Homeowners Association, Friendswood Cove Homeowners
Association, Friendswood Oaks Homeowners Association and the City agree to and acknowledge
the following in relation to the Blackhawk Inline and Offline Detention Basins flood control project: -
The City will at its sole cost and expense:
1. Apply for a Community Development Block Grant — Mitigation (CDBG-MlT) for the
Blackhawk Inline and Offline Detention Basins Flood Control Project as identified in
Exhibit 1 attached hereto and made a part hereof for all purposes.
2. Be responsible for studying and constructing the Blackhawk Inline and Offline Detention
Basins Project to include all environmental, engineering, administrative, community
outreach, legal, and construction components.
The Autumn Creeks Homeowners Association, the Friendswood Cove Homeowners
Association, and the Friendswood Oaks Homeowners Association will at their sole cost and
expense:
Own and maintain the Detention Basin #2 after construction of the project is
completed as determined by the closeout of the CDBG-MIT grant for the
Blackhawk Inline and Offline Detention Basins Flood Control Project and them
reaching agreement between themselves on how to manage said Basin.
Maintenance includes but is not limited to vegetative maintenance including
frequent mowing; trash, debris and litter removal; routine inspection; bank erosion
management and stabilization; removal of accumulated sediment; and structural
repair and/or replacement. Detention Basin #2 is identified in Exhibit 2 attached
hereto and made a part hereof for all purposes. The City will have no
responsibilities with respect thereto.
This MOU may be amended upon written agreement by the City and the Autumn Creek Homeowners
Association, Friendswood Cove Homeowners Association, and Friendswood Oaks Homeowners
Association.
Page 1 of 2
Final Memorandum of Understanding
This MOU becomes effective upon execution by all parties and shall remain in effect for a term of 10
years. In the event that the CDBG-MIT grant application is denied this MOU shall become null and
void.
Any notice shall be in writing and may be effected by personal delivery, by hand delivery through
a courier or delivery service, or by registered or certified mail, postage prepaid, return receipt
requested, addressed to the proper party.
f risNod, Texas
Name: 6
Title: MA. yOR—
Date: I-5>Z,
Al TEST:
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Melinda Welsh, TRMC
.:�.
City Secretary d
Autu Creek Homeo rs As ciation ; 0
•
Date: ��� •,�� ....... ••'� •`
Name: ��2c71Z //1�j�e��L '• •....••`
Title: —��t]_-�.j j
Friendswood Cove Homeowners Association —9)r�
1 l� Date: L7)
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Name: t cr2 �-C_J t2� C
Title: ��r �z ��2�5 • �c r
Friend od Oa diffiiq sociation
LW �FiL� Date: �d
ame:
Title: Q fC �h N
Page 2 of 2
This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is
expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: December 7, 2020
Date submitted: 11/25/2020
Prepared by: Glenda Faulkner, Executive Secretary
Subject: Approving a Sanitary Sewer Easement for 209 E. Spreading Oaks (Holbrook Scaggs Addition)
Originating Department: Public Works
Degree of importance: Significant
SUMMARY 1 ORIGINATING CAUSE
The property owner at 209 E. Spreading Oaks is dedicating a public sanitary sewer easement to the City,
as outlined in the proposed attachment.
The dedication of the easement will provide the City's Public Works Department with needed proper and
adequate formal access to effectively maintain an existing public sanitary sewer main located in the rear
of the rear adjacent properties. Equally important, it will also provide an avenue for the owner to properly
tie into the public sewer main for his own future development.
IMMINENT CONSEQUENCES 1 BENEFIT TO COMMUNITY
Dedication of the easement will allow the City to effectively access a public sewer main located in the rear
of the adjacent properties.
RECOMMENDATIONS
The Sanitary Sewer Easement document has been reviewed by the City Attorney and staff, and it is
recommended for approval.
ATTACHMENTS
1. Sanitary Sewer Easement (signed)
EXH113IT "B"'
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