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HomeMy WebLinkAboutEasement Deed - Cecil & Mary Brown - 403 W SPREADING OAKS 47916 EASEMENT DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON f THAT WE, CECIL BROWN, JR. , and wife MARY BROWN, for and in consideration of the sum of One ($1. 00) Dollar cash to us in hand paid by the City of Friendswood, Texas, receipt of which is hereby acknowledged, and the further consideration of the benefits to be derived by us on account of the con- struction and maintenance by the City of Friendswood, Texas of said sanitary sewer in and through my certain premises, as hereinafter described, do hereby give and grant to the said City of Friendswood, Texas, a municipal corporation of Galveston County, Texas, the right to construct, reconstruct and perpetually maintain a sanitary sewer flow line, ten inches or larger in diameter, upon and across the hereinafter described easement out of Lot 2, Block 3, of "Friends- wood" in the Sarah McKissick League, Abstract 151 or the J. R. Williams League, Abstract 151, Galveston County, Texas, as shown on the map recorded in Volume 238, Page 14 and Volume 254, Page 37 of the Map Records of said County, and being further described as follows: COMMENCING at a 3/4" iron pipe in the northwest right- of-way line of Spreading Oaks Avenue (60 feet wide), said pipe also being the most southerly corner of Lot 10, Block 1, as shown on the map of Friendswood as recorded in Volume 25"L- , Page _,1 of the Map Records of Galveston County, Texas. THENCE S 45° 08' 10" W along the northwest right-of-way line of Spreading Oaks Avenue, a distance of 584. 6 feet, more or less, to a point; THENCE S 44° 51' 50" E a distance of 60. 00 feet to the place of Beginning for this easement, said point also being in the northwest line of Lot 2, Block 3, and in the southeast right-of- way line of Spreading Oaks Avenue; THENCE S 44° 51' 50" E a distance of 759. 6 feet, more or less, to a point; THENCE S 45° 08' 10" W a distance of 15. 0 feet, more or less, to a point; THENCE S 44° 51' 50" E a distance of 15. 0 feet, more or less, to a point; THENCE N 45° 08' 10" E a distance of 15. 0 feet, more or less, to a point; THENCE S 44o 51' 50" E a distance of 46. 9 feet, more or less, to a point; .�-. . D E t D B00d 91) 7 PACE 69 r : THENCE S 86° 31' 50" E a distance of 106. 3 feet, more or less, to a point; THENCE N 48° 36' 00" E a distance of 2. 6 feet, more or o, less, to a point; _ 0 THENCE S 20° 49' 50" E a distance of 65. 1 feet, more or F=` less, to a point in the center-line of Cowart Creek; CC)CD ill THENCE N 69° 10' 10" E along the centerline of said Co- wart Creek, a distance of 10. 0 feet more or less to a point; a THENCE N 20° 49' 50" W a distance of 89. 1 feet, more or C less, to a point; THENCE S 48° 36' 00" W a distance of 11. 2 feet, more or less, to a point; THENCE N 86° 31' 50" W a distance of 99. 4 feet, more or less, to a point; THENCE N 44° 51' 50" W a distance of 808. 4 feet, more or less, to a point in the southeast right-of-way line of Spreading Oaks Avenue; THENCE S 45° 08" 10" W along the southeast righ-of-way line of said Spreading Oaks Avenue, a distance of 15. 0 feet, more or less, to the Place of Beginning and containing 0. 354 acres of land, more or less. TO HAVE AND TO HOLD the same perpetually to the City of Friendswood, Texas and its successors, together with the rights and privileges at any and all times to enter said premises, or any part thereof, for the purpose of constructing, reconstructing, and maintaining said sewer, and for making connections therewith; all upon the conditions that the City of Friendswood, Texas will, at all times, af- ter doing any work in connection with the construction, reconstruction, repair or removal of said sewer, or any lateral thereof, restore said premises to the con- dition in which same were found before such work was undertaken, and that in the use of said rights and privileges herein granted, the City of Friendswood, Texas will not create a nuisance or do any act that will be detrimental to said premises. A further consideration of this conveyance is the agreement between Gran- tor and Grantee to give Grantee permission to install a lift station, above ground, on the Southeast end of the hereinabove described easement. Grantee further a- grees with Grantor that the lines running to the lift station shall be maintained at all times as gravity flow lines. It is further agreed that within the 40 foot strip all trees are to be left undisturbed, except such trees and shrubs, in the timber, which are smaller than 4 inches in diameter, measured two feet above ground. Further, during the installation of said sewer line, the City of Friends- wood shall have the right to use a strip of land adjacent to the above described • 'a, ' , J . , . permanent easement, Forty (40) feet in width; said 40 foot strip being measured from the northeast extreme of the herein described easement. The Grantee, City of Friendswood, shall confine its operations hereunder, including its rights of ingress and egress, to the said described Forty (40) foot strip and easement. If construction is not started within six months from the date of this ease- ment this instrument shall become null and void. Further, if said easement is discontinued by the Grantee and no longer used for the purposes aforesaid, said easement shall revert back to Grantors. WITNESS OUR HANDS, this the j „ day of t,; , 1967. CECIL BROW JR. ./ MARY O N THE STATE OF TEXAS X X COUNTY OF GALVESTON BEFORE ME, the undersigned authority, a Notary Public in and for Galveston County, Texas, on this day personally appeared CECIL BROWN, JR. and wife, MARY BROWN, known to me to be the persons whose names are sub- scribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and the said MARY BROWN, wife of the said CECIL BROWN, JR. , having been examined by me, privily and apart from her husband, and having the same fully explained to her she, the said MARY BROWN, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Jam/ i Given under my hand and seal of office, this the /el day of t yxf ,s , 1967. • - •/()2'( Notary Public in and for < Galveston County, Texas - DEED BOOK PA CE P cE 71 .tsnt 1c' •..;.�rr� .•`` nFILED CON OF GALVESTON DSTATE OF TDWSI hereby certify that this Instrument was filed on the M date and time stamped hereon by me and was duly recorded in the volume and page of the named records ofCounty, Texas as stamped hereon by me. A4oJ��icouRl� NOV 2 R1967 cAs _1, putY coolly Cam(, Galveston County,Texas