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Home My WebLink AboutSanitary Sewer Easement - Excalibur, Inc - 106 VICTORIA WAY 9227238 008- 30- 1506 SANITARY SEWER EASEMENT P/ THE STATE OF TEXAS § § COUNTY OF GALVESTON § THAT EXCALIBUR, INC. , a Texas corporation acting herein by and through its duly authorized officer, hereinafter called "Grantor, " for and in consideration of the sum of TEN DOLLARS ($10. 00) and other good and valuable consideration in hand paid by l.ne CITY OF IRIEN S;;COD, _ XAS, ..:Ji:lii�.�t �. • :iii.d "Cr ntee, " the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns, and legal representatives, a perpetual easement for the purpose of maintaining sanitary sewer improvements over, across, and under the following described property situated in Galveston County, Texas: Being a 367 . 67 square foot tract of land, more or less, out of Lot 6 of the corrected Plat of Phase Four of the Partial Replat of the Replat of "The Park" Subdivision, of the City of Friendswood, Galveston County, Texas, as recorded in Plat Record 18, Map No. 3461, under Recording No. 9204255, Galveston County, Texas, which tract of land is particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. It is agreed that if at a time in the future the City of Friendswood, Texas, its successors, or assigns, shall replace or remove the sanitary sewer facility located within said 367 . 67 008- 30- 1507 square foot easement conveyed hereby, that same shall be replaced or removed to the 10 foot wide utility easement which is located immediately adjacent to the easement granted hereby, and that in such event the easement held by the Grantee by reason of this instrument shall automatically revert and pass to and vest in the Grantor, or the successors or assigns of the Grantor. It is further recognized by the parties that Grantee in the maintenance, operation, and removal of facilities looted within the easement granted hereby, shall be liable for damage to improvements on the remainder of said Lot 6 in accordance with, and subject to the limitations contained in Chapter 101, Texas Civil Practice and Remedies Code, and nothing herein contained shall be construed to expand Grantee's liabilities or to waive any immunities to which Grantee may be entitled pursuant to said Chapter 101. TO HAVE AND TO HOLD the above-described easement together with all and singular the rights and appurtenances thereto in any wise belonging, including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors, and assigns, forayer, as __ereinabove conveyed. And Grantor does hereby bind itself, its successors, and assigns, to warrant and forever defend, all and singular, the said easement and rights unto the said Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee may do and perform all acts necessary to repair or maintain sanitary sewer improvements on said easement and -2- 008- 30- 1508 operate thereon all necessary machinery and equipment to efficiently prosecute the work. IN WITNESS WHEREOF, this instrument is executed this OV M day of -S (,t, ( y , 1992 . EXCALIBUR, INC. By: Pressle Walcik PrebiueilL ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 ADDRESS OF GRANTOR: Excalibur, Inc. P. O. Box 364 Barker, Texas 77431 (Mailing Address) 2022 Baker Houston, Texas 77094 (Office Address) THE STATE OF TEXAS § _ y COUNTY OF GALVESTON § This instrument was acknowledged before me on the CO1 day of --St,t \ y , 1992 , by Pressley Walcik, President of EXCALIBUR, INC. , on behalf of said corporation. -C41 . = Notary Public In and ' r State 4wa DELILA LIOHffIELD of Texas r Notary Public,State Oi fiexas Commission Expires 10.16.93 My Commission Expires: ,l d"--I b-?3 JZ \ -3- 008- 30- 1509 EXHIBIT "A" 367 . 67 SQUARE FEET OUT OF LOT 6, CORRECTED PLAT OF PHASE FOUR OF PARTIAL REPLAT OF THE REPLAT OF "THE PARK" FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 367 . 67 square feet being a 2 ' Sanitary Sewer Easement out of Lot 6, Corrected Plat of Phase Four of Partial Replat of the Replat of "The Park" Subdivision, recorded in plat record 18 Map No. 3461 recording number 9204255, Galveston County, Abstract No. 151, Friendswood, Galveston County, Texas, and being more particularly described by metes and bounds as follows: Commencing at the Northwest corner of Lot 6, said point also being the most Northerly corner of the Friendswood Retirement Living Center as recorded in Vol. 18, page 22 of the Galveston County Map Records; Thence S 4 6°11'28" E - 10. 00' with the south line of said Lot 6 to a point marking the POINT OF BEGINNING of this sanitary sewer easement; Thence N 43°46'48" E - 183 . 83 ' along and with the southeast line of a 10' sanitary sewer easement as recorded in Vol. 3267 , Pg. 654 Galveston County Deed Records; Thence S 46°25'02" E - 2 . 00' along and with the southeast line of the aforementioned Phase Four of Partial Replat of the Replat of "The Park" Subdivision; Thence S 43°46'48" W - 183 . 84 ' to the point for corner on the southwest line of said aforementioned subdivision; Thence N 46°11'28" W - 2 :0.0' along the said southwest line to a point for corner being the POINT OF BEGINNING of the easement herein c;.escribed c.o .L:tini:y J3-i . 67 square feet of land, more or less. STATE TEXAS N I hereOFby certify thatCOUNTY this instrumentOFGALVESTO wasfiled on the date and time stamped hereon by me and r`Y was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on JUL " !? JUL 1 5 1992 cot, ggIAAA,IY. co4 ,�!`pQj COUNTY CLE::;C GALVESTfiti r_NT't'TEXAS.1S 17+ GALVEalON,A ./ AS CSO City of 9z«.ncLuood 109 WILLOWICK FRIENDSWOOD, TEXAS 77546-3898 111((\"' Mayor EVELYN NEWMAN I ! ¼ dLty OTi C£�d��OO�/ 1.• . „.:„. MEL P. MEASELES le +' i Y TOM MANISON ` `.- -.. 109 WILLOWICK 7131482.3323 ED STUART ti •''J� '•� ` HAROLD RALEY FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH • City Manager • 1Bl RONALD E. COX =i�� City Secretary ' DELORIS ARCHER, CMC July 14, 1992 Jessie Kirkendall Galveston County Clerk Galveston County Courthouse Post Office Box 2450 Galveston, Texas 77553 Dear Ms. Kirkendall, Please find attached for recording the following document from the City of Friendswood: SANITARY SEWER EASEMENT: EXCALIBUR, INC. Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: •- 4 -