HomeMy WebLinkAboutWater Easement - HEB Grocery Company, LP - W PARKWOOD AVE GAO 2OO 3S778 9 pgc
WATER EASEMENT 018 - 64 -- 2633
HEB Grocery Company, LP, a Texas limited partnership, ("Grantor"), in
consideration of One Dollar ($1.00) and other good and valuable consideration, hereby grants
to the City of Friendswood, a home rule municipal corporation of the State of Texas,
("Grantee"), and to Grantee's successors and assigns, a perpetual ten foot(10')wide easement
(the "Easement"), for the purpose of constructing, reconstructing, repairing, and maintaining
underground water facilities in, under, on and across that certain real property in Galveston
County, Texas, as described on Exhibit "A" attached hereto and as shown on the drawing
attached hereto as Exhibit"B" (the "Easement Tract").
Grantee may perform all acts necessary to construct, reconstruct, repair, relocate, or
maintain underground water facilities within the Easement Tract, and restore the surface of
the Easement Tract following such work, and to operate thereon all necessary machinery and
equipment to efficiently perform the work. Grantor retains and reserves the right to use the
surface of the Easement Tract for any and all purposes that do not interfere with or prevent
Grantee's use of the Easement, including but not limited to parking lot, driveways, walkways
and landscaping.
The Easement will be non-exclusive, and Grantor reserves and will have the right to
grant other easements for other purposes on or across the Easement Tract, provided such other
easements do not interfere with or prevent Grantee's use of the Easement for the purposes
granted herein.
The Easement is granted subject to any and all existing title conditions, including but
not limited to restrictions, mineral and/or royalty reservations, covenants, and easements,
which are recorded and currently in force and effect and enforceable against the Easement
Tract. The Easement, along with all rights and privileges, shall terminate when the Easement
is permanently abandoned by Grantee, at which time Grantee will execute a document in
recordable form acknowledging such abandonment and termination of the Easement.
TO HAVE AND TO HOLD the Easement, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and
assigns, forever, and Grantor binds itself and its successors and assigns to warrant and forever
defend all and singular the 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 and exceptions provided herein, when the claim is by,through, or
under Grantor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed this / ' day of
, 2003.
GRANTOR: HEB GR CERY COMPANY, LP
By: U --
Name: odd A. Piland
Title: Senior Vice President L
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018- 64 -- 2635
GRANTEE:
CITY OF FRIENDSWOOD
Name: Harold L. Whitaker
Title: Mayor
ATTEST:
De oris McKenzie, T C
City Secretary
ACKNOWLEGEMENT
STATE OF TEXAS )(
)(
COUNTY OF GALVESTON )(
BEFORE ME, the undersigned authority, on this day personally
appeared, Harold L. Whitaker, Mayor of the City of Friendswood, Texas,
known to be the person whose name is subscribed to the foregoing
instrument, Water Easement, 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 City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of
April 2003.
�''7
Linda S. Thornton
i;_, Notary Public in and for the State of Texas
•
My Commission Expires: 08/10/03
CRY OF ERIENDSW00D
A,:City Secretary
910 S.Friendswood Drive
Friendswood. T "74" wn.
018 - 64 -- 2634
STATE OF TEXAS }
}
COUNTY OF BEXAR }
This instrument was acknowledged before me on the /1 day of aOtj , 2003,
by Todd A. Piland, Senior Vice President of HEB Grocery Company, LP, a Texas limited
partnership, on behalf of said partnership.
N taryPu LIC eALDAN as 6 � SeL,C(a:v(-4'
otary Public,State f o Tex
I� 4�+ My Commission Expires
%f ?„`' March 12,2006 Notary Public, State of Texas
ADDRESS OF GRANTEE:
City of Friendswood,Texas
910 South Friendswood Drive
Friendswood,Texas 77546
CITY OF FRIENDSW000
Attn: City Secretu,v
910 S. Friendswood Drive
Friendswood,TX 77546-485e
. ' ERIVA 3000 Wilcrest Drive, Suite 210 — Houston,Texas 77042 — (713) 993-0327 — Fax (713) 993-9231 •
SURVEYING
COMPANY, INC.
METES AND BOUNDS DESCRIPTION 018 — 6 4 _ 2 6 3 6
10-FOOT WIDE WATER LINE EASEMENT s7
0.7199 ACRE
SARAH McKISSICK LEAGUE, ABSTRACT NUMBER 151
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
Being an easement containing 0.7199 acre of land situated in the Sarah McKissick
League, Abstract Number 151 , Friendswood, Galveston County, Texas; being out of and
a part of the FINAL REPLAT HEB FRIENDSWOOD, a plat of subdivision recorded in
Volume 18, Pages 1395 and 1396 of the Galveston County Map Records (G.C.M.R.),
Galveston County, Texas; said 0.7199 acre easement being more particularly described
as follows (the bearings as described herein are referenced to the record information
contained in the above described recorded subdivision):
COMMENCING for reference at a 5/8-inch iron rod with plastic cap stamped "Terra
Surveying" set in the southeasterly right-of-way (R.O.W.) line of F.M. 528 (width varies)
and marking the most westerly corner of said subdivision;
THENCE, North 43°02'40" East, along the southeasterly R.O.W. line of said F.M. 528,
a distance of 31 .70 feet to the most westerly corner and POINT OF BEGINNING of the
herein described easement;
THENCE, North 43°02'40" East, continuing along the southeasterly R.O.W. line of said
F.M. 528, a distance of 10.00 feet to the most northerly west corner of the herein
described easement;
THENCE, South 48°14'48" East, departing the southeasterly R.O.W. line of said F.M.
528, a distance of 3.30 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 84.50 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 10.00 feet to an angle point;
THENCE, South 41 °45'12" West, a distance of 84.50 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 82.41 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 369.94 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 18.50 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 10.00 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 18.50 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 287.51 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 11 .00 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 9.00 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 85.80 feet to a point in the curved
southeasterly R.O.W. line of the aforesaid F.M. 528 for an angle point;
THENCE, Northeasterly, along said southeasterly R.O.W. line, a distance of 10.00 feet
•
118 -- 64 -- 2637
METES AND BOUNDS DESCRIPTION
0.7199 ACRE
PAGE 2 OF 3
THENCE, South 48°14'48" East, departing the southeasterly R.O.W. line of said F.M.
528, a distance of 195.16 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 258.50 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 10.00 feet to an angle point;
THENCE, South 41 °45'12" West, a distance of 258.50 feet to an angle point;
THENCE, South 48° 14'48" East, a distance of 229.56 feet to an angle point;
THENCE, North 42°07'12" East, a distance of 96.64 feet to an angle point;
THENCE, North 47°52'48" West, a distance of 5.00 feet to an angle point;
THENCE, North 42°07'12" East, a distance of 10.00 feet to an angle point;
THENCE, South 47°52'48" East, a distance of 5.00 feet to an angle point;
THENCE, North 42°07'12" East, a distance of 284.20 feet to an angle point;
THENCE, South 47°52'48" East, a distance of 10.00 feet to the most easterly corner of
the herein described easement, from which a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set marking the most easterly corner of said subdivision bears South
68°06'00" East, 179.89 feet;
THENCE, South 42°07'12" West, a distance of 400.77 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 154.54 feet to an angle point;
THENCE, South 41 °45'1 2" West, a distance of 7.50 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 10.00 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 7.50 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 173.43 feet to an angle point;
THENCE, South 41 °45'12" West, a distance of 328.64 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 160.79 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 35.68 feet to an angle point;
THENCE, South 48° 14'48" East, a distance of 10.00 feet to an angle point;
THENCE, South 41 °45'1 2" West, a distance of 35.68 feet to an angle point;
THENCE, South 48° 14'48" East, a distance of 199.71 feet to an angle point;
METES AND BOUNDS DESCRIPTION 1 i 8 _ 6 4 - 2 6 3 8
0.7199 ACRE
PAGE 3 OF 3
THENCE, South 41 °45'12" West, a distance of 166.18 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 55.47 feet to an angle point;
THENCE, South 41 °45'12" West, a distance of 80.82 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 10.00 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 70.82 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 425.98 feet to an angle point;
THENCE, South 41 °45'12" West, a distance of 337.81 feet to an angle point;
THENCE, South 48°14'48" East, a distance of 389.58 feet to an angle point;
THENCE, South 41 °45'1 2" West, a distance of 28.50 feet to an angle point, from
which a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking the
most southerly corner of said subdivision bears South 41 °58'53" East, 120.88 feet;
THENCE, North 48° 14'48" West, a distance of 10.00 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 18.50 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 274.93 feet to an angle point;
THENCE, South 41 °45'1 2" West, a distance of 17.50 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 10.00 feet to an angle point;
THENCE, North 41 °45'12" East, a distance of 17.50 feet to an angle point;
THENCE, North 48°14'48" West, a distance of 200.59 feet to the POINT OF
BEGINNING and containing 0.7199 acre (31 ,360 Square Feet) of land. This description
is based on the Land Title Survey and plat made by Terra Surveying Company, Inc.,
dated November, 2000 Project Number 1070-001 1 -B07 and is accompanied by "An
Exhibit of a Proposed 10-Foot Wide Water Line Easement" made by Terra Surveying
Company, Inc., dated March, 2003, Project Number 1070-0011 -S. This Easement is not
staked.
Compiled by: Robert Gabler, R.P.L.S. nr"��
Terra Surveying Company. Inc. ��.�;�, 4"
3000 Wilcrest Drive, Suite 210
Houston Texas 77042
4/1.[RNE t
March 10, 2003 i
Revised March 21 , 2003
Pro I ect Number 1070-001 1 -S %9��s�,c;.•��
St1F�`j,
D:\1070\10700011\10700011 HEB WLE MB07199 ac.doc `+ ,b-
• . . FILED AND RECORDED .
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
7/9 :�r�l. .g� 018 - 64 - 2641
2003 JUN 10 12:41 PM 2003038778
ESCOB_V $23.00
Mary Ann Daigle ,COUNTY CLERK
GALVESTON, TEXAS
DATE: 3/21/2003 TW4E: 12:30 FILE NAME: 0:\PROJECTS\1070\10700011\ESMr\10700011 HEB WEE DWG
R,-22978.31'
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L O N 45'12' E 86i1p' ��\ _._.
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S 41' 12' W 186.18'
N 41'45'12' E 70.82'
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CURVE RADIUS DELTA ARC BEARING CHORD
AN EXHIBIT OF A PROPOSED
f C3 22978.31 0097*43' 51.57 N 4258'49' E 51.37
,I co 22978.31 00'58'24' 390.34 N 4225'46' E 390.33 10-FOOT WIDE WATER LINE EASEMENT
1DD D 1DD FBE1 C7 22988.31 0014'56' 99.89 N 41'49'04' E 99.89 Is`�• 0.7199 ACRE (31,360 SQ. FT.)
/ s4/ t ........ c
LINE DISTANCE BEARING LINE DISTANCE BEARING P•'�G15iERE•,�- SARAH McKISSICK LEAGUE, A-151
L1 28.18' N 43-02.40- E Lr1 10.00' N 42ro7'12' E FRIENDSWOOD GALVESTON COUNTY TEXAS
L2 10.00' 5 48'34'18' E L13 5.00, S 4752'48' E
11 4•E+ L3 68.15, N 41'41'36' E L19 10.00' S 4752'48' E RNE T s KEY MAP: 657 J
/ / f ii +• L4 25.00' N 39'24'24' E L21 7.50' S 4814'12' W , ,, TERRA
4I��• LS 88.75' N 4818'24' W L21 10.00' N 4814'12* W •, 4 04 v , FIELD BOOK: 00-20 k 01-04
r � L6 88.75' N 43V2'40' E L22 7.50' N 41'45'12' E .ff0 Np.Tr
/ / ! L7 10.00' N 4502'40' E L21 35.68' N 41'45'12' E SS10 b SCALE: 1' = 100,
/ I L8 3.30' S 4814'48' E L24 10.00, S 4614'48' E SURVEYING CO., INC.
L9 10.00' S 4814'48' E L25 35.68' S 41'45'1 2' W
JOB NO. 1070-0011
LID Ia.50' N 4814'46" W 1-25 28.50' S 41'45'12' W CITY .ENDSW000
/ 01 10.00' N 41*45'12" E L27 10.00' N 4814.46' w Attn: City Secretary 3000 WILCREST DRIVE DATE: MARCH, 2003
L12 18.50' S 4814'48' E L28 18.50' N 41'45'12' E SUITE 210
/ L13 11.00' N 4814'48' W L29 17.50' S 41'45'12" W 910 S. Friendswood Drive
HOUSTON, TEXAS 77042 DRAWN BY: RJG
L14 9.00, N 41'45'12' E L31 10.00' N 481446• W Friendswood. TX 17546-4856
L15 10.00' S 4814*48' E L3: 17.50' N 41'45'12' E (713) 993-0327 CHECKED BY: RJG
L16 5.00' N 47.52'48' W FAX (713) 993-9231
9 REVISED 3-21-03 DWG. NO.