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Home My WebLink AboutNo Address - Utility Easement - Eagle Creek Investments, LTD 1\�' ' `� 4 f'� �� ti�V��C J �� , , ,` ;� � 6, ,. ' , ,.o, � �., � M AR 20d4 � ' �, RECE�v� -�-� ��, Ct�`f OF ERIENDS`�M�0�1 � ILITY EASEMENT �� — � '� — `1' �� - �tTy-" ��ARY 1, � �� THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Eagle Creek Investments, LTD ("Grantor"), for and in consideration of the growth, the requirements, and the benefits to accrue to the citizens of the City of Friendswood, Texas, has GIVEN, GRANTED, DONATED and CONVEYED, and by these presents does hereby GIVE, GRANT, DONATE and CONVEY unto the City of Friendswood, a home rule municipal corparation of the State of Texas ("Grantee"), its successors, assigns and legal representatives, a perpetual utiGty easement, for the purpose of constructing, reconstructing, altering, and maintaining underground public utility facilities, in, under, over, along, upon, and across that certain 02 tract of land, more or less, same being more particularly described 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 underground 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 area for any and all purposes that do not interfere with or prevent the use by Grantee of the easement, rights, and privileges granted herein. T'his conveyance is expressly made subject to any and all restrictions, mineral and/or royalry reservations, covenants, and easements appearing of record relative to the Property, but only to the extent that the same are still in force and effect and enforceable against the Property. The easement, along with all rights and privileges, sha11 terininate when the easement, as C�'Y Q� FR°E�'�1�&�i'J(�� At�n: Cifi,!S�,cret.:.�v �10 S. Frienvswco� Dr.�e Frien�swoc��. TX :tl�� b � �. �� :'� �. � (.r�� , described above, is abandoned upon adoption of an Ordinance abandorung 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. IN WITNESS WHEREOF, this instrument is executed this ��ay of � - r'X�u��c , 2004. GRANTOR: Eagle Creek Investments, LTD E�it��,�� v�o � �,�k�� /,ve, � �P�PII�r /�,��.�,�� By: �/� Name: �v,f/, ,�.�r � /`l. 1��e�� Title: �"1�� d�,.� GRANTEE: ADDRESS OF GRANTEE: CITY OF FRIENDSWOOD =-- , By: �t. � _..�—�., City of Friendswood, Texas 910 South Friendswood Drive Name e Kimball W. Brizendine Friendswood, Texas 77546 Title: Mayor ATTEST- 0 C i'��a �� '' ��` D loris McKenzie, C city secretar� �� Q��,��S��aD 2 Attn: Cit�,�Secre`4�y Q10 S. Frien�sti�Fc�� Dr�ve Frien�s��rao�. TX �i��a� ��:�t � �� ACKNOVVLEDGMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared, (�,�� ,�,�,�,,, }-. (n� ��,�e.�� , 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, in the capacity therein stated, and as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this �� 3 rday of TQ.r.�.*n.v y 2004. � �� -- Notary Pubhc In and For th tate of Texas wwr�� r•••`�P INQAK�'OSfi. My C ,z: ��r PuB t.�1��:*r State of 1'exas (SEAL) '9rf••••'�+:' Comm.Exp_05-21-2005 ,, of 3 ��'Y Q�F FR��S�+�r`�30D Attn; Cit�,�S°�r�=:ury �1�S. Frien�is„�c�;�s �reve ��invi i��..��r�illi�',�i E " �":.:f�'] 4:I�t1 � � c�� _ ��c�� THE STATE OF TEXAS )( COUNTIES OF GALVESTON/HARRIS )( ACKNOWLEDGEMENT Before me, the unders[gned authority, on this day personally appeared Kimbail W. Brizendine, Mayor of the City of Friendswood, Texas, and Deloris McKenzie, City Secretary, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this 4th day of February 2004. Lind S. Thornton Notary Public In and For the State of Texas My Commission Expires: OS/10/2007 SEAL �s��g°gL�c�y,�,�4.�+��,a`,�V� a�r, ePr�s��r�i:�,y 4 °1�S, Fsie��,�awoo�f � � D�,ve Fr►en�sdv�� tx ��rr 2,.: �..r _._._ _ _ ,� . DCHIBIT..A.. � �. 7"' a �. �' �� METES AND BOUNDS DESCRIPTION 8,545 SQUARE FEEf OUT OF FRIENDSWOOD LAKES GARDEN HOMES FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 8,545 square feet out of Recreational Reserve `B', Friendswood Lakes Garden Homes according to the plat thereof as filed in Official Records of Real Property of Gaiveston County at Clerk's File Number 2002-002-395 and being more particularly described by metes and bounds as follows (bearings shown based on the recorded plat of Friendswood Lakes Garden Homes); Beginning at a found 5/8" iron rod marking the east perimeter corner of said Friendswood Lakes Gard�n Homes; 1. Thence S 44° 34' 52" W — 427.23' with the southeast line of said Friendswood Lakes Garden Homes to a point for corner marking the east corner of Reserve 'C' of said Friendswood Lakes Garden Homes; 2. Thence N 45° 00' 00" W — 20.00' with the northeast line of said Reserve `C` to a point for corner marking the south corner of Lot 13, Btock 2 of said Friendswood Lakes Garden Homes; 3. Thence N 44° 34' S2" E — 427.26' with the southeasterly line of Lots 9 — 13, Block 2 of said Friendswood Lakes Garden Homes to a point for corner; 4. Thence S 44° 54' 10" E — 20.00' with the northeast line of said Friendswood Lakes Garden Homes to the POINT OF BEGINNING and containing 8,545 square feet of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"Section 663.19(9). ('mm�ilarl hv� ...,��.r...,.. .,�. C.L. Davis &Company Job Number: 11-568-esmt M&B.doc 01-19-2004 ,� ��L� �11� ��U� OF�ICif� FUBLIC REC�DS OF REA� FROPERTY �� t104 FEE� 17 10:43 �f 200400979� J£�18E�f_W �17.00 htarY Ann Dai91e aCOt1NTY C�ERK Gt�I.VE�T�I a TEXAS �t°� �� a��V�,S'�'�3d�9 n, �;„> A"n C�t�;,`S, s�r...t.�y 11-568-esmtM&S.doc a1�j, FtIEfiCiSbV�nG� ��IVP, �'rsGCiuS'>h'h:�!� ��. ,�%��b 'fi��