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Home My WebLink AboutNo Address - Utility Easement - Eagle Creek Investments, LTD (2) yi 1 4 0 1361qC 2004009792 5 Pgs. ^. Mpa 2.004 CP • RECEIVE �� uty of FRIEND V1000 ILITY EASEMENT 019— 91 -2 3 3 5 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 corporation of the State of Texas ("Grantee"), its successors, assigns and legal representatives, a perpetual utility 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. 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 CITY OF FR!EIVDSWOOD Attn: City Secretary 910 S. Friendswood Drive Friendswood. TX 7/546 485b 01. 9- 91_ - 2336 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 j l day of wi`cy , 2004. GRANTOR: Eagle Creek Investments, LTD vGp c� L,t/fAl �NC, 664e' By: Name: w;//,-,.ter f /%, Ur"( Title: f � cio,„./- GRANTEE: ADDRESS OF GRANTEE: CITY OF FRIENDSWOOD By: ..Lja City of Friendswood, Texas 910 South Friendswood Drive Name: Kimball W. Brizendine Friendswood, Texas 77546 Title: Mayor ATTEST. IIPA By: `' D loris McKenzie, City Secretary CITY OF FRIENDSWOOD 2 Attn: City Secretary 910 S. Friendswood Drive rricnricu,nnr1 TV 77C.AC AOL 01. 9 - ) 1 - 2337 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the1 -undersigned authority, on this day personally appeared, h,Ll.�f iar F. M i kc , 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 2 13 r day of TTrlecti y 2004. Cr:/< aed— Notary Public In and For th tate of Texas My C 'P�p np�TIINDAKYOST ; e : 1o6 rtr '! PUBI IC g) State of Texas (SEAL) rF'' comm.Exp.05-21-2005 .. OF 3 C,TY OF FRIENOSWOOD Attn: City Secretary 910 S. Friendswood Drive 019- 91 - 2338 THE STATE OF TEXAS )( COUNTIES OF GALVESTON/HARRIS )( ACKNOWLEDGEMENT Before me, the undersigned authority, on this day personally appeared Kimball 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: 08/10/2007 SEAL CITY OF FR!ENDSW000 Attu:Fri City 4 91D S, endswoodSecretary Drive EXHIBIT"A" 01. 9 - 91. - 2 3 3 9 METES AND BOUNDS DESCRIPTION 8,545 SQUARE FEET 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 Galveston 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 Garden 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, Block 2 of said Friendswood Lakes Garden Homes; 3. Thence N 44° 34' 52" 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). rmmpilari hy: C.L. Davis & Company Job Number: 11-568-esmt M&B.doc 01-19-2004 FILED ADD RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 2004 FEB 17 10:45 AM 2004009792 JENSENA $17.00 Mari Ann Daigle 'COUNTY CLERK GALVESTON, TEXAS CITY OF FRIENDSWOOD Attn: City Secretary 11-568-esmt M&B.doc 910 S. Friendswood Drive Friendswood, TX 71546 4856 . . City ofFrien1swooi Memorandum Date: 1/21/04 To: Deloris McKenzie CC:file From: S Jones Re: PSB Easement Attached are the originals for the Mitchell easement at the PSB site. This item is on the 2/1 agenda for Council approval and filing. • . iZir ., •s.• '2:. Mayor ffi P .1:. � �>>_, �� KIMBALL W.BRIZENDINE `1.1 ..J City o///}/�Friendswood CounciLnembers '..f;.: LAURA EWING . \ '::,:r '' JERRY ERICSSON E r• ` • N 910 South Friendswood Drive TRACY�� ttH Friendswood Texas 77546-4856 DAVID J.H.SMITH :,: •�� 281' 996-3270 1 SHANNON KIMMEL 4 1. Jr ( ) MEL MEASELES +. A , • Fax: (281) 482-1634 -__ .:s=' City Manager RONALD E.COX City Secretary DELORIS McKENZIE,T.R.M.C. February 6, 2003 Cert/RR#7002-0860-0001-5480-2056 Mary Ann Daigle County Clerk of Galveston GALVESTON COUNTY COURTHOUSE P.O. Box 2450 Galveston, Texas 77553-2450 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms. Daigle: Enclosed is the following document for recording from the City of Friendswood: UTILITY EASEMENT: 8,545 Square Feet out of Friendswood Lakes Garden Homes Friendswood, Galveston County, Texas. ; Please record this document and return original Waiver of Encroachment . to: City of Friendswood Attn: Deloris McKenzie, 910 S. Friendswood Drive, Friendswood, Texas 77546-4856. Also, enclosed is check# in the amount of$17.00 for the above document. Please do not hesitate to call if you have any questions. Sincerely, Linda Thornton Assistant City Secretary Attachments: C C i-nk) SENDER: COMPLETE THIS SECTION b COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ` f X ❑A ent i II Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received b P' ted • Attach this card to the back of the mailpiece, y( Na ) C. Date of Delivery or on the front if space permits. f 1. Article Addressed to: D. Is delivery address t m ow Yes If YES,enter delivery address below: ❑ No MARY ANN DAIGLE COUNTY CLERK OF GALVESTON GALVESTON COUNTY COURTHOUSE P.O. BOX 2450 GALVESTON, TX 77553-2450 3. Service Type XCertifled Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number /X) (Transfer from service labeO 7�d 2 -O - //�/e )/-S 4'�/ 2_ O* PS Form 3811,August 2001 Domestic Return Receipt 7 0 102595-02-M1540 .0 U.S. Postal Service o CERTIFIED MAIL RECEIPT fll (Domestic Mail Only; No Insurance Coverage Provided) O 711111111.111111.1 u7 1-9 Postage $ , 0 3 Certified Fee O Return Receipt Fee Posrerlt .� (Endorsement Required) Heere rO Restricted Delivery Fee (Endorsement Required) ru Total Postage&Fees $ 1-9,ti Sent To Mary Ann Daigle-GALA/. C:1'Y CLERK r S GALVESTON COUNTY COURTHOUSE OFFICE Street,Apt.No.; or PO Box No. P.O. BOX 2450 CIty,Stab'ZIPf4 GALVESTON, TX 77553-2450 PS Form 3800,April 2002 See Reverse for Instructions • • STh. om:. D City ot 'nielndSwood CAPITAL IMPROVEMENT PROJECTS 910 South Friendswood Drive y FRIENDSWOOD, TEXAS 77546-4856 A ' 281-996-3203 1, January 21, 2004 Mr. W.F. " Mitch"Mitchell Eagle Creek Investments, LTD 107 Shadwell Friendswood, TX 7754 9-0072 Re: City's New Public Safety Building Dear Mr. Mitchell, As per our conversation, Jan 14th, the City wants to acquire access to the storm and public sanitary utilities within the"Private Storm," easement southeast of the Garden Homes section of Friendswood Lakes. In that conversation you stated that a letter granting the City access to the easement could handle this. The City would like to have something more enduring than a simple access agreement and therefore we are requesting an easement be granted to the City in this area. In compensation for granting this request, the City is offering the total sum of$2,500.00 for this easement. Additionally, all portions of the existing jogging trail disturbed or destroyed by the City of Friendswood's work within this easement, will be repaired to the condition equal to, that prior commencement of such work. This agreement constitutes the full, final and complete agreement for this transaction. Attached, is an easement instrument prepared by Chuck Davis describing the metes and bounds of the easement. Please execute this document and return to my office for processing. As with all easements,this must be approved by the City Council before it can be recorded. Once the council has approved the easement I will authorize the check to be cut for the compensation. Sincerely, Skipper Jones Capital Projects Coordinator City of Friendswood W.F. "Mitch"Michell rill eh wo,,i d G Title: PA.pS Eagle Creek Investments, LTD