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HomeMy WebLinkAboutWater Line Easement - James Anthony Banfield - 1010 MYRTLEWOOD DR GAC 20030 3989 5 pgs. 918 - 07 -- 0839 WATER LINE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT James Anthony Banfield ("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 corporation of the State of Texas ("Grantee"), its successors, assigns and legal representatives, a perpetual 15-foot water line easement, for the purpose of constructing, reconstructing, altering, and maintaining underground public utility facilities, in, under, over, along, upon, and across that certain portion of Lots 48 and 49, 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. 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 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, shall terminate when the easement, as 999b-9b511 Xl'pooMspuarid a JJa pooMspuopd 'S Ol6 4Je1aJoaS 1!a :upy 000MSa 3;11d 10 AIM 018- 97- O840 described above, is abandoned upon 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. IN WITNESS WHEREOF, this instrument is executed this 1st day of July , 2003. GRANTORS: James Anthony Banfield liBy: "/ . Name:� anfie d Anthonyy ADDRESS OF GRANTEE: City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 ACKNOWLEDGMENT cry OF FR'ENDSINOOD Attn: City Secretary 2 910 S. Friendswood Drive Friendswood,,TX 77546-4856 018.- 97- 0841 THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared, T1F'M AltiVAN I luF«( , 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 th•is ` �� day of _(5 C..`-( 2003. a Inky IV °O (S' �° 0 . G6 0 Notary blic In and For the State of Texas z o :: �t l 3 A `A My Commission Expires: 0 `t' (SEALS EX?\0,,,r0 CITY OF FR:El DS /000 Attn: City Secretary 3 910 S, Friendswood Da ve Friendswood TX ��Fer; „o� • • EXHIBIT"A" ) 18 - 9 ( - 084N BANFIELD TRACT METES AND BOUNDS DESCRIPTION 21,446 SQUARE FEET OUT OF LOTS 48 AND 49, HOIDALE AND COFFMAN SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 21,446 square feet out of Lots 48 and 49, Hoidale and Coffman Subdivision, Friendswood, Galveston County, Texas according to the plat thereof filed in Volume 215, Page 394 Galveston County Deed Records and being out of that certain tract described in a deed dated 08-28- 1970 from William Hellier, et al to James Anthony Banfield as filed in Book 2143, Page 66 Galveston County Deed Records and being more particularly described by metes and bounds as follows (Bearings shown based on the northwest right-of-way line of Judy Street to be N 45° 00' 00" E based on the plat of Longwood Park Subdivision according to the plat thereof recorded in Volume 254-A, Page 90 Galveston County Map Records); Commencing at a found 1/2" iron rod marking the south corner of Lot 1, Block 11, Section 1 of said Longwood Park Subdivision and marking the intersection of the northwest right-of-way line of Judy Street and the northeast right-of-way line of Steele Street; Thence N 45° 00' 00" E — 185.00'with the northeast right-of-way line of said Judy Street to a point for corner marking the east corner of said Lot 1, Block 11, Section 1 of said Longwood Park Subdivision; Thence S 45° 00' 00" E — 15.00' to a point for corner; Thence N 45° 00' 00" E — 220.00' to the POINT OF BEGINNING of herein described tract; 1. Thence N 45° 00' 00" E — 19.52'to a point for corner; 2. Thence S 45° 00' 00" E — 873.42'to a point for corner; 3. Thence N 45° 06' 31" E — 532.97' to a point on the west right-of-way line of Woodcrest Drive and being a point on a curve to the left having a radius of 25.00' and a central angle of 36° 51' 21"; 4. Thence with said west right-of-way line of Woodcrest Drive and said curve an arc distance of 16.08' and a chord bearing and distance of S 63° 15' 45" E — 15.81' to a found 5/8" iron rod for corner marking the north corner of Lot 21, Block 2, Section 8 The Forest according to the plat thereof filed in Plat Book 18, Map No. 1077 Galveston County Map Records; 5. Thence S 45° 06' 31"W — 552.93'to a point for corner; 6. Thence N 45° 00' 00"W — 873.39'to a point for corner; 7. Thence S 45° 00' 00"W — 4.52'to a point for corner; 8. Thence N 45° 00' 00"W — 15.00' to the POINT OF BEGINNING and containing 21,446 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). Compiled by: C.L. Davis & Company Job Number: 11-784-banfield tract M&B.doc 06-27-2003 CITY OF FR'ENDSW000 11-784-banfield tract M&B.doc Attn. City Secretary 910 S. Friendswood Drive Friendswood. TX 77546-485h 7 ; I '�� OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 1 (/' r: - 97 = O843 2003 AUG 05 01:36 PM 200305 3989 BELLT $15.00- Mary Ann Daigle ,COUNTY CLERK GAL'VESTOfN, TEXAS