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HomeMy WebLinkAboutUtility Easement - Billy L. Lovelady - 31 WINDSONG LN AGREEMENT FOR CORRECTION 9- 9 1 - 013 $ • 9436226 OF UTILITY EASEMENT This agreement is made and entered into by and between Billy L. Lovelady and the City of Friendswood for the purpose of correcting that certain Utility Easement dated June 20, 1975 and recorded on August 27, 1975 in Book 2599, Page of the Deed Records of Galveston County, Texas. It has been brought to our attention that the metes and bounds contained in the legal description of the aforementioned easement are incorrect. It is our desire to correct the error by deleting the metes and bounds so that the legal description shall read, in its entirety, as follows: BEING a five foot easement over and across the West side, along the West property line, of that parcel or tract of land known as Tract 31, Windsong Subdivision, a Subdivision of 207.227 acres of land in Galveston County, Texas, said Windsong Subdivision consisting of a part of Lot 15 and all of Lot 16 of Burgess Subdivision out of Section 6, B.S. & F. Survey (George W. Patterson Survey, Abstract No. 645), according to the plat of said Burgess Subdivision recorded in Volume 119, Page 14, in the office of the County Clerk of Galveston County, Texas, and also consisting of a certain tract out of the William Henry Survey, Abstract No. 84, being the same land conveyed to Thomas C. Edwards by deed recorded in Volume 319, Page 520-521, in the office of the County Clerk of Galveston County, Texas. All other provisions of the aforementioned utility easement remain as originally set out in said document. Executed this / day of July, 1994. BILLY L. ELADY, Individually and as sole eneficiary under the Will of Nita Inez Lovelady, deceased. CITY OF FRIENDSWOOD RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of il- legibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and By: d„..„4-) changes were present at the time the instru- ment was filed and recorded. . r - 009- 91 - 0139 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF AM,i~2/S This instrument was acknowledged before me on the day of JULY, 1994 by BILLY L. LOVELA . se: .. TAMARA M.ANDERSON Notary Public P '= MY COMMISSION EXPIRES F OF��+, November 17, 1997 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF 1}EILursrvt.) This instrument was acknowledged before me on the PM/ day of ft49v s r , 1994 by FUE ,A/ Q,/tlkafA N , /�A !�O It of CITY OF FRIENDSWOOD. 4' Notary Public FILED FOR RECORD 94AUG I I AM10: 31 9,..?...144.4 'rit` ,:.,ti',-.,"tr'..,,oe COUNTY Ci.FNt! GALVESTON COUNTY. TEXAS ;TIME Of TEXAS COUNTY OF GALVESTON C I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on AUG 1 1 1994 /40 Ito I* 4 * pi.X/41441tageO• d COUNTY CLERK GALVESTON CO.,TEXAS 6.--\-LAl ) `�un'w ...0 ,rl In.11r\(.A;rtr. C-C;.or\nk,r_vhQ(1 (x r1 -1,-al - 3FCiV Mayor �.�►�;k EVELYN NEWMAN ��'1". l�;j. Councilmembers ._���� ''�` �eLt O 9'riEJllcLuJood MEL P. MEASELES ,�, •� ` ` H 4 e;% l'' 109 WILLOWICK 7131482.3323 TOM MANI SO N ED STUART 4- ` . HAROLD RALEY 4 FRIENDSWOOD, TEXAS 77546-3898 JANIS LOWE City Manager vk 1©l / RONALD E. COX �`. City Secretary 1?r -Fs"�' DELORIS McKENZIE, T.R.M.C. August 25, 1994 Sue Hays American Title Company of Houston 16815 Royal Crest, Suite A-1 Houston, TX 77058 RE: GF # 307488-P Dear Ms. Hays: As requested, we are enclosing a copy of the Agreement For Correction of Utility Easement for Tract 31, Windsong Subdivision which has been recorded at the Galveston County Courthouse. If I may be of further service, please let me know. Sincer ly, /.5.4.6 Kathleen S. Seng Deputy Clerk 0G825944/KSSO3 f Mayor AO 00EVELYN NEWMAN �� �� � � gulEncilcuood uncilmembers ;� �; ' _ Cilty O HAJECATE M . MEASELES M MANISON Li + ` e • `i',.. ‘ ,. M HDALEY 1 FRIENDSWOOD, TEXAS 77546.3898 JANIS LRA E City Manager 1Bl RONALD E. COX tySecretary '?. •Ka. �'* DELORIS IMcKENZIE, T.R.M.C. August 10, 1994 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: AGREEMENT FOR CORRECTION OF UTILITY EASEMENT - Dated 6/20/75 Billy L. Lovelady Recorded #51961, Recorded date: 8/27/75 in Book 2599, Page 738 of the Deed Records, Galveston County, Texas Please find attached, Check # in the amount of $11.00, for filing fee charges. *RETURN RECEIPT REQUIRED WITH RECORDED DOCUMENT. Do not hesitate to call if you have questions regarding the recording of the above items. ( 713) 482-3323 x 51) Sincer ly, Linda Thornton Assistant to the City Secretary Attachments: - 3 - • • AGREEMENT FOR CORRECTION OF UTILITY EASEMENT � fr This agreement is made and entered into by and between Billy L. Lovelady and the City of Friendswood for the purpose of correcting that certain Utility Easement dated June 20, 1975 and recorded on August 27, 1975 in Book 2599, Page 78 of the Deed Records of Galveston County, Texas. It has been brought to our attention that the metes and bounds contained in the legal description of the aforementioned easement are incorrect. It is our desire to correct the error by deleting the metes and bounds so that the legal description shall read, in its entirety, as follows: BEING a five foot easement over and across the West side, along the West property line, of that parcel or tract of land known as Tract 31, Windsong Subdivision, a Subdivision of 207.227 acres of land in Galveston County, Texas, said Windsong Subdivision consisting of a part of Lot 15 and all of Lot 16 of Burgess Subdivision out of Section 6, B.S. & F. Survey (George W. Patterson Survey, Abstract No. 645), according to the plat of said Burgess Subdivision recorded in Volume 119, Page 14, in the office of the County Clerk of Galveston County, Texas, and also consisting of a certain tract out of the William Henry Survey, Abstract No. 84, being the same land conveyed to Thomas C. Edwards by deed recorded in Volume 319, Page 520-521, in the office of the County Clerk of Galveston County, Texas. All other provisions of the aforementioned utility easement remain as originally set out in said document. Executed this /V-' day of July, 1994. BILLY L. ELADY, Individually and as sole eneficiary under the Will of Nita Inez Lovelady, deceased. CITY OF FRIENDSWOOD By ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF 7-/-Aee/S This instrument was acknowledged before me on the � day of JULY, 1994 by BILLY L. LOVELA Y. 2a/--irce-to-------7 . .:77.../--e--‘,...„...e.4-9, ' '' Notary Public =te• . TAMARA M.ANDERSON '" MY COMMISSION EXPIRES ........ November 17, 1997 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF 7it,CUrS7-0/1) This instrument was acknowledged before me on the Prid day of A4 9 v s T' 31ELY, 1994 by f OEL yA/ &4 ivn74 N , /2,4 Li D J? of CITY OF FRIENDS WOOD. S Notary Public AMERICAN TITLE CONN"* OF HOUSTON Iti7711,0A-y •fir" DATE: � 6,40 i A� GF# 7y38- 66,S4 TO: 4/.44c4 Jt#L° 70:44:44esir 17,/,% /Wiret &14 k 7 A.44444 .4,:„.06„d„,4 1- 7.‘ / pages including cover FOR YOUR CONVENIENCE: We are taking the liberty of forwarding the attached information without foa coverrmality lett in belief that prunptness may be more important to you than BY: • REMARKS: . 4Q144, 47/l 16815 ROYAL CREST • SUITE A-1 • HOUSTON,TEXAS 77058 • FAX:713 286-0706 • TELEPHONE:713 286-2149 07-13-1994 013:52PM FROM TO 4R21634 P.01 i- AMERICAN TITLE COMPANY(2\c„\11e»zo,94_ 16815 ROYAL CREST, SUITE A-1 ti 4Q Si N HOUSTON, TEXAS 77058 "oy v . t, rn TELEPHONE (713) 286-2000 61 , FACSIMILE (713) 286-0706 6), 4-6 9S Z1 \ . FACSIMILE TRANSMISSION COVER SHEET DATE: / /3 / 1994 TIME: am / pm To: /' �..� FAX #: , if0T/‘31 FROM: SUE HAYS RE: (GF# ,.-4 7 `7 4 38 I ) te r. / Zdt,daot7,) NUMBER OF PAGES TRANSMITTED INCLUDING THIS COVER SHEET: MESSAGE: i -7 a- a41447 4 CONFIDENTIALITY NOTICE THIS FACSIMILE FROM AMERICAN TITLE COMPANY CONTAINS INFORMATION THAT IS CONFIDENTIAL OR PRIVILEGED, OR BOTH. THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ON THIS FACSIMILE COVER SHEET- ANY DISCLOSURE, COPYING, DISTRIBUTION.OR USE OF THIS INFORMATION BY ANY PERSON OTI-MR THAN THE INTENDED RECIPIENT IS PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NO IFY ME BY TELEPHONE IMMEDIATELY AT(713) 286-2000 SO THAT I CAN ARRANGE FOR THE RETRIEVAL OF THE TRANSMITTED DOCUMENTS AT NO COST TO YOU. THANK YOU. • 07-1 —1994 03:54F1'1 FROM Ti5 4821E .4 F'.0..i 4 1 y : - .;..4".4...,un d4t } r.W k _ ' :' ^ .�."si . " -^7-4a� 3 r: ': 'l" >,s d f'f !s.:"Z " ',"+a" 9"� :j. . xc , t �i4 .�' ,f. • t FFr ''•'r sY .' l .., .'.:0, • :+..ds '; - .1y«•. +.ye'r.,:. at: $ _ ;tf �Y.Az:' ."a"tda, va'e.:1>.".x; Y L1rrS�4;5.r,. 5'e;j•�•o-..*. * '' f� • • • ' "t; �'"'^ -• 774i STATE OF TEXAS fl KNOW ALL MEN BY THESE PRESENTS: `COUNTY OF GALVESTON ] ii i Y•;: I O • i•If• La UTILITY EASEMENT it`."i•• • ...q."i1 4 '%`1 . 1 W In THAT we,_ Silly L. Lovelady and wife Nita I. Lovelady '= , :OM' a C'Q of Friendsweed, Galveston, County, Texas, in consideration o e�sum of OM." • a ($1,00) 00I.1AR and other good and valuable consideration in hand paid by the tw City o' Friendswood, receipt of which is hereby acknowledged, do by these ge*&.:•':-i '�?:.;.{:'•. .:`' presents GRANT, BARGAIN, and CONVEY, Subject to the reservation hereinafter #'- '-' - made, unto the City of Friendswood, the free. perpetual and uninterrupted 4.•'', use, liberty and privilege o` the passage in, along, upon and across the following described land situated in Galveston County, Texas. owned by us, to-wit: "t BEING a five foot easement over and across the West side of that ,:. parcel or tract of land known as Tract 31. Windsong Subdivision. a Subdivision of 207.227 acres of land in Galveston County, Texas. -+ • :','';.', said Windsong Subdivision consisting of a part of Lot 15 and all of Lot 16 of Burgess Subdivision out of Section 6, B.S. and F. Survey %y • ''•s`'. t>•v-: (George w. Patterson Survey, Abstract No. 645), according to the plat of said Burgess Subdivision recorded in Volume 119. Page 14, in the office of the County Clerk Of Galveston County, Texas, and also con • - slstine of a certain tract out of the William Henry Survey, Abstract No. 84, being the some land conveyed to Thomas C, Edwards by deed recorded in Volume 319, Page 520-521, in the office of the County '.l Clerk of Galveston County, Texas ..and said easement being more • particularly described by metes and bounds as follows: R:. . CO."',MENCING at an iron rod marking the Northeast corner of the Mary ii" ,y • . - Sloan Survey. Abstract No, 184, said iron rod also marking a corner of the B.S. and F, Survey N0, 6; `'er THENCE N 80° 06' 27" W along and with the North line of Mary Sloan ?� .41 Survey, Abstract No. 184, said iron rod also marking a corner of the �' 8.S. and F. Survey No. 6, a distance of 1010.24 feet to the Place of Beginning; 4_ t;' ., - y THENCE N 9° 53' 33" E a distance of 380.00 feet to point 1n the South i.!' line of Windsong Lane; t:•''.:.• yC THENCE 5 80° 06' 21" E along said South line of Windsong Lane a distance of 5.00 feet to a point for corner; 1,i v _t THEN W e distance — • r• Y k f ` ` 'fir ' THENCE N 80° 06' 2r" W a distance of 42700 feet to the place of beginning. `v` ? : The Grantor herein excepts from this easement and reserves for t;r 1' • themselves, their heirs and assigns, forever, all'oil, gas and other minerals in and under the land covered by this easement. but said Grantors for them- ...., ''< ' Selves. their heirs and assigns, waive all right of ingress and egress to ;.,,, • tk, and from the surface of the land covered by this easement for the purposes yri . " of opening, laying, repairing, constructing and maintaining a permanent Yam., , nngg ~.�..'..: qrt:': easement upon and across-said premises, with the right and privilege at all 1 • `:•.._` ,;,i>n, - times of the Grantee herein, his or its agents, empl0 ees, workmen, successors `1:•,: : t;!‹, and assigns and representatives having ingress, egress and regress in, along, upon and across said easement for the purpose of making additions to. t3 �° ' improvements on, laterals. lines and connections thereto, or any rt thereof. I .0.0: .. .. . . . I - .'..::.,,,,, ... ........ '..::,7:;.:c.111.:::::: :::;,`{.-Z!;.: ki , ---,55;) „........„,„„,,,......, • • ' 07-13-1994 03:5 P11 FROf.1 } TO .4_41F,=4 �F.05 ` `,{r.•Qi ..., . ?'. ,.5..,, e'n?'i;c Su ,•-i•, •sl t . ,fi t'7c .:?4.14•2r'T`; .. F''k `-r ' .:Zr' ' q" . ,•�"'.gryT�;,; u•Vii�,,...n'.:l1nw%, • `:' - :et ,. •1� :i,�t a ...•t• k�•a d•• i.,a.,`.?'; 'tu'. •r.• ,,;,irk:; lrti-: ,4`:'• ,i' .1,1•' I -. ,. „ ;'�•�t7 k M ;fin Y�7� �s� y•f:"M.. ...N',�. t�.'��c'-.s ^•�'�a 41 b 4.,. wif •I 1 • �. ,l; t TO HAVE ANO TO HOLD unto the said City of Friendswood, of Galveston • ' • #�tr. ;'1iAt County, Texas, as Iforesaid for the purposes aforesaid, the premises above described. I WITNESS the hand of Grantors on this the _20th _day Of ,)jute , A.D. 1975• t U L F ° • �;t STATE OF TEXAS [ < ' ,. eooK2599 pA,.,73, l'. COUNTY OF GALVESTON [ i .) i 1 !, 'w. `,r BEFORE ME. the undersigned authority, in and for Galveston County, Texas. : on this day personally appeared Billy L. Lovelady and Nita I. lovelady f • r, known to me to be the persons whose names are subscribed to the foregoing '+, x:. , instrument, and acknowledged to me that they executed the same for the tw i i i purposes and consideration therein expressed. ''i' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ZOtk day of June • 1975. . • ti ,I''',',-: Fio�tary iub7 lc in and for Ga'veyEon. ' '- 1, • ' • • County, Texas. / , 1`• t • - • . A�l%4i 74, "`fix ! 1 r..„ S 1 1 1 :" , : . 1 t • -1'y-A,, �.I • a y tt • '``1 1,-, - ''"' u Y ��..' ,A'TV �Y, 'L,°j "'1 r' L',... kt • C •:,'. '4 - 1-•.'t, .- i ,... • 1 I 4G ��1 that Y; 14, - 7� w��91;{*•�i ���-��� Ma•���<�•,} 4 ��tllt y '�-! 4� s �•< r.J.;p:,s+..� ��+�•'''n�vy'r1 Sr ��ri • 's.. • ;; ' °!�t. ,3f* .alp'_' kin • s sr,a 3��S f: 1 ,. a' LO ,, �k � ��&~ 8;..•s' a t-"t •—,1' . •_" j z. -. ti: r ..� y� V'•_ _ - -s ;.t '' t4 A _•y., ter.. '{.." "'. .. .n ve PN+M! ev,�'v:•Mre �-+— ..•t<ry.y� a.-'t ... .rhAryattS i 4 ram. . , .� : m f" t ? < a t. r �• . 3' ,• '"+• ..J!•ys -t. 1 >-c7 c ^-•^ at -r 3 W I ..S1961 3 Y C J/1. tun eay.v.s.7licialP43: • • • • 4r 1. AWS CJIP y�Wi`U� Ci •4 y <r „ n• � f 1- `11 it:71 ` ' ' t aaT I • k ,1 ..,....k, 44,9 o • IR A -t' crttidyti)o� -- j A Q /it ? L£ 7R .e.0 1.0.1.114.4.Lip,le ..,,,,, / � ` a Cr) • • y� �y• :h'p•1atj11111iSAyN:wr . : • ly+i .._ = • - = 1 '�,. ;r. aS •is . • i{{ `tiV �'J 1.3/wi ..."..re Y ..r:• .�r(�:{:. Ltr'!1 . ] _3 ? lL. ++4-. � \. .! ...2•-' •'•f •t,l .. `f5^ .t `t\1 � •l - .1..':t_ •(( - 1. t �1 '; l. D F, '!ti �:v•. .•1fL <. --LJrrF��. .. mac.._.c � .. � ..l`. r0 • - - ' • 51961 STATE OF TEXAS111111/11 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 1 Od C) UTILITY EASEMENT CD ►CD THAT we, Billy L. Lovelady and wife Nita I. Lovelady Get of Friendswood, Galveston County, Texas , in consideration of the sum of ONE o ($1 .00) DOLLAR and other good and valuable consideration in hand paid by the City of Friendswood, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, and CONVEY, subject to the reservation hereinafter made, unto the City of Friendswood, the free, perpetual and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described land situated in Galveston County, Texas, owned by us, to-wit: BEING a five foot easement over and across the West side of that parcel or tract of land known as Tract 31 , Windsong Subdivision, a Subdivision of 207.227 acres of land in Galveston County, Texas, said Windsong Subdivision consisting of a part of Lot 15 and all of Lot 16 of Burgess Subdivision out of Section 6, B.S. and F. Survey (George W. Patterson Survey, Abstract No. 645) , according to the plat of said Burgess Subdivision recorded in Volume 119, Page 14, in the office of the County Clerk of Galveston County, Texas, and also con- sisting of a certain tract out of the William Henry Survey, Abstract No. 84, being the same land conveyed to Thomas C. Edwards by deed recorded in Volume 319, Page 520-521 , in the office of the County Clerk of Galveston County, Texas, and said easement being more particularly described by metes and bounds as follows: COMMENCING at an iron rod marking the Northeast corner of the Mary Sloan Survey, Abstract No. 184, said iron rod also marking a corner of the B.S. and F. Survey No. 6; THENCE N 80° 06' 27" W along and with the North line of Mary Sloan Survey, Abstract No. 184, said iron rod also marking a corner of the B.S. and F. Survey No. 6, a distance of 1010.24 feet to the Place of Beginning; THENCE N 9° 53' 33" E a distance of 380.00 feet to point in the South line of Windsong Lane; THENCE S 80° 06' 27" E along said South line of Windsong Lane a distance of 5.00 feet to a point for corner; THENCE S 80° 06' 27" W a distance of 375.00 feet to a point for corner; THENCE S 80° 06' 27" E a distance of 37.00 feet to a point for corner; THENCE S 9° 53' 33" W a distance of 5.00 feet to a point for corner; THENCE N 80° 06' 27" W a distance of 42.00 feet to the place of beginning. The Grantor herein excepts from this easement and reserves for themselves, their heirs and assigns, forever, all oil , gas and other minerals in and under the land covered by this easement, but said Grantors for them- selves, their heirs and assigns, waive all right of ingress and egress to and from the surface of the land covered by this easement for the purposes of opening, laying, repairing, constructing and maintaining a permanent easement upon and across said premises, with the right and privilege at all times of the Grantee herein, his or its agents, employees, workmen, successors and assigns and representatives having ingress, egress and regress in, along, upon and across said easement for the purpose of making additions to, improvements on, laterals, lines and connections thereto, or any part thereof. • • • TO HAVE AND TO HOLD unto the said City of Friendswood, of Galveston County, Texas , as aforesaid for the purposes aforesaid, the premises above described. WITNESS the hand of Grantors on this the 20th day of June A.D. 1975. if-14 YZI DEED STATE OF TEXAS sooK2599 pArr 739 COUNTY OF GALVESTON BEFORE ME, the undersigned authority, in and for Galveston County, Texas, on this day personally appeared Billy L. Lovelady and Nita I . Lovelady known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of June 1975. Notary Public in and for Gal ve on t County, Texas. f sr• • i I C.'