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HomeMy WebLinkAboutPublic Utility Easement - Terra Bella HOA - 0 BAY AREA BLVD PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT Terra Bella HOA ("Grantor"), for and in consideration of the sum of One Dollar ($1.00) 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 public utility facilities in, on, upon, over along and across those certain tracts or parcels of land, (hereinafter the 'Easement), shown in EXHIBIT A attached hereto and made a part hereof for all purposes. Grantee may do and perform all acts necessary to construct, reconstruct, repair or maintain public 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 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. 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 WITNESS MY HAND, this day of 20AI FOR GRANTOR J& �4444t Printed Name C/ ea L Printed Title Yu� 7`44ASVi'LY ACKNOWLEDGEMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS } BEFORE ME a notary public on this day personally appeared tnA StC _r known to me or having proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed GIVEN MY hand and seal of office this g day of _ 20a( CYC tA- , �, Notary Public in and for the State of Texas My Commission Expires g`Js �i� KORI R NOESEI. Notary ID 0129151215 My Commission Expires o. October 6, 2024 ACCEPTED BY GRANTEE ATTEST rad Kabfri Leticia Brysch ity Manager City Secretary O�FFtIENOs�O > OQ Return to Grantee at CJ City of Friendswood ro Engineering Department S �P 15355 Blackhawk Boulevard TgTE of Friendswood, TX 77546 WINDROSE LAND SURVEYING I PLATTING DESCRIPTION OF PERMANENT UTILITY EASEMENT NO 1 0.2193 OF AN ACRE OR 9,551 SQ FT A TRACT OR PARCEL CONTAINING 0.2193 OF AN ACRE OR 9,551 SQUARE FEET OF LAND SITUATED IN THE JOHN DICKINSON LEAGUE,ABSTRACT NO 15 HARRIS COUNTY TEXAS,BEING OUT OF RESTRICTED RESERVE C FINAL PLAT TERRA BELLA, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE (FC.) NO 611027 HARRIS COUNTY MAP RECORDS (H.C.M.R.) WITH SAID 0.2193 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL ZONE(NAD 831 COMMENCING AT THE MOST WESTERLY END OF LOT 9 BLOCK 3, OF SAID FINAL PLAT TERRA BELLA.SAME BEING AN ANGLE POINT OF SAID RESTRICTED RESERVE "C FROM WHICH A CAPPED 5/8 INCH IRON ROD STAMPED 5206 FOUND FOR REFERENCE BEARS SOUTH 17 DEG.38 MIN.38 SEC.EAST-121.66 FEET THENCE, NORTH 48 DEG.25 MIN 13 SEC WEST OVER AND ACROSS SAID RESTRICTED RESERVE C" A DISTANCE OF 149 90 FEET TO A POINT IN THE COMMON LINE OF A CALLED 20.2798 ACRE TRACT DESCRIBED IN DEED TO GULF COAST WASTE DISPOSAL AUTHORITY AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE(H.C.C.F.) NO. E855129 AND OF SAID RESTRICTED RESERVE C" THENCE,SOUTH 41 DEG 34 MIN 47 SEC WEST,A DISTANCE OF 48.80 FEET TO THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED EASEMENT' THENCE, OVER AND ACROSS SAID RESTRICTED RESERVE C" AND CLEAR CREEK, THE FOLLOWING COURSES AND DISTANCES: SOUTH 20 DEG 14 MIN.26 SEC EAST A DISTANCE OF 221 71 FEET TO THE MOST EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT' SOUTH 47 DEG 15 MIN 46 SEC WEST A DISTANCE OF 270.13 FEET TO THE MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED EASEMENT' NORTH 66 DEG.34 MIN 51 SEC WEST A DISTANCE OF 21.87 FEET TO THE MOST WESTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT' NORTH 47 DEG. 15 MIN 46 SEC EAST A DISTANCE OF 265.60 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT' NORTH 20 DEG 14 MIN 26 SEC.WEST A DISTANCE OF 197.63 FEET TO POINT IN THE COMMON LINE OF SAID CALLED 20.2798 ACRE TRACT AND OF SAID RESTRICTED RESERVE C BEING THE MOST NORTHERLY WESTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT' THENCE NORTH 41 DEG. 34 MIN. 47 SEC. EAST A DISTANCE OF 22.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.9091 OF AN ACRE OR 39.602 SQUARE FEET OF LAND,AS SHOWN ON JOB NO 56565-PUE-1 PREPARED BY WINDROSE LAND SERVICES. OF TER 1� LU of N LUCAS G.DAVIS ERR '1� y•,•O 06/IB/2021 LUCASG DAMS '7"•FE881O'. 'i DATE O ••...... Q. R.P.LS NO 6599 $ {LN STATE OF TEXAS FIRM REGISTRATION NO.10108800 SHEET 2 OF 2 713 458 2281 1 11111 RICHMOND AVE STE 150 HOUSTON TX 77082 GENERAL NOTES 1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY AND ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE MAY DISCLOSE. NORTH 2. BEARINGS WERE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE SCALE r 100' (NAD83) 3. THIS EXHIBIT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 4. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE USED FOR TILE CONVEYANCE PURPOSES. UNE TABLE LINE BEARING I DISTANCE L1 S 17'38'38" E 121.66' L2 S 20'59'43" E 63.72' �Q�'V P PO^ " y\ ;`?° LOT 1 1 \ L3 S 26'50'19" E 53.70" L4 S 3222'00- E 60.24' pY'(3�2 Q •0.9.YP / / L5 S 41'34'47• W 48.80' O�apG '>?p�s J\ `/ LOT 10 �ZZ1 L6 N 6634'51" W 21.87' o• D L7 N 41'34'47" E 22.69' \ Z a P.O.C. \ \ LOT 9 .0 S m N \ \ m ( O p (((•� �R0v. NON°,• \\ \ LOT B -4 A .-1 m LOT 7 J 3 rm- \ � a� iT1D 5/8'CAPP♦D W J�{ — 52os �\\ LOT 6 4. �oaF�t 1A6. LOT 5 p �MD 5/8'CAPPED M LOT 4 / �� yN1 ry'1p' V.) •52W' \ � i Z APPROXIMATE (6 C+ a= LOT 3 LOCATION OF !F Zz O� \\ COUNTY LINE v� 1 SP' D„NH \\ L) nti(n BAN Cyp I CEO =m< LT1 h GO -4 APPROXIMATE C ~ LOCATION OF � I p p Do Friy ^ �a PLAT LINE 1 y V7 A n a� • A Ong NON ZyN v �A ( UI� Tq O c•q C n �Z A > H 00 � :zI zz I m EXHIBIT OF r1I / 0.2193 OF AN ACRE/9,551 SQ. FT PERMANENT UTILITY EASEMENT BEING OUT OF RESTRICTED RESERVE 'C' FINAL PLAT TERRA BELLA, F.C. NO 20070241655, HARRIS COUNTY MAP RECORDS SITUATED IN THE JOHN DICKINSON LEAGUE,A-15 HARRIS COUNTY TEXAS FIELDED BY: DATE 06MMO21 DRAWN BY: RO REV: W I N D R O S E CHECKED BY: GA REV. •®• LAND SURVEYING I PLAITING JOB NO. 56S65-PL1E-1 REV: I I I It RICNMOND AVE.VE IM I 11011110N,TX 770R2171R.45R]2R1 • FIRM RFGBTRATION NO.IOIDBRDG I WINDROSESERVICESCOM SHEET 2OF2 REV: FILED AND RECORDED Instrument Number 2021056270 Recording Fee. 42.00 Number Of Pages:6 Filing and Recording Date 08/03/2021 9 36AM 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 OFF cy > Dwight D. Sullivan, County Clerk OF GAL Galveston County, Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record FRIENDSWOOD CITY COUNCIL AGENDA ITEM FORM 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: August 2, 2021 Date submitted: 07/20/2021 Prepared by: Glenda Faulkner, Executive Secretary Subject: Consider authorizing the acceptance of Public Utility Easements associated with the Utility Relocate at Clear Creek Utility Bridge Project and approving their execution by the City Manager. Originating Department: Engineering Degree of importance: Significant SUMMARY / ORIGINATING CAUSE The Utility Relocate at Clear Creek Utility Bridge Project involves relocating aerial utilities to underneath Clear Creek and removing the pipe rack structure. The project site is generally bound by Polly Ranch Homeowners Association (HOA) Park to the west, land owned by Terra Bella Homeowners Association (HOA) to the east, and the Blackhawk Wastewater Treatment Plant to the northeast. The new underground utility lines require new easements for future maintenance and repairs, as needed. IMMINENT CONSEQUENCES / BENEFIT TO COMMUNITY Easements need to be obtained from Polly Ranch HOA and Terra Bella HOA. The Terra Bella HOA has already executed their Public Utility Easement and it is awaiting execution by the City, after which it will be filed at the office of the Galveston County Clerk. Approval of this item will help expedite the process as the City Manager will execute the easements on behalf of the City as they are submitted. RECOMMENDATIONS Authorize the acceptance of Public Utility Easements associated with the Utility Relocate at Clear Creek Utility Bridge Project and approve their execution by the City Manager. ATTACHMENTS 1. Master Public Utility Easement 2. Terra Bella Exhibit 3. Polly Ranch Exhibit