HomeMy WebLinkAboutUtility Easement - Sheldon B. Magid - 2405 JOHN AVE 6 C 2003053995 6 pgs
918 - 87- 0874
UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Galveston §
THAT Mr. Sheldon B. Magid ("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 20 foot utility easement, for the purpose of constructing,
reconstructing, altering, and maintaining underground public utility facilities, in, under, over,
along, upon, and across that certain two acre 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 FRIENDSW00D
Attn: City Secretary
910 S.Friendswood Drive
Priori rlcurrtnr+ TY 77FA►;_ARgg
00is - 7 O875
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 sane 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 day of
JU , 2003.
GRANTOR:
Mr. Sheldon B. Magid
By: C7!r
Name: 9.
Title: O CI)A/esZ
ADDRESS OF GRANTEE:
City of Friendswood, Texas ' fir,-:,
910 South Friendswood Drive
Friendswood, Texas 77546
CITY OF FR;ENDSWOOD
Attn: City Secretary 2
910 S. Friendswood Drive
Friendswood,TX 71546-4856
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018 - 97 , Q876
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF Galveston §
BEFORE ME, the urdersigned authority, on this day personally appeared,
r , known to me to be the person whose name is
subscribed to the foregoing ins'ttument, 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 ci ` day of
2003.
c4-*"5* NQTAR
"�' `c Nota blic In d For the State of Texas
State of `texas
Comm.Exp. 03-►)2-2006 D 2d��
My Commission Expires:
(SEAL)
CITY OF FR!FA,n,11 r..'
Attn: City S: cr,._ 3
910 S, Friendswood Dnve
Friendswood, TX 71546-485(3
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EXHIBIT"A" 018 - 97T08 t t
MAGID TRACT
METES AND BOUNDS DESCRIPTION
5,280 SQUARE FEET OUT OF
LOT 30, HOIDALE AND COFFMAN SUBDIVISION
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 5,280 square feet out of Lot 30, Hoidale and Coffman Subdivision,
Volume 215, Page 394 Galveston County Map Records and being out of J. E. Perry & E.
M. Austin League, Abstract — 20, Friendswood, Galveston County, Texas and out of that
certain tract described in a deed dated 09-25-1997 from Craig Anthony Roll, et ux to
Sheldon B. Magid as filed in Official Records of Real Property of Galveston County at
Clerk's File Number 97-37450 Film Code Number 012-07-0851 and being more
particularly described by metes and bounds as follows (Bearings based on the
southwest line of Lot 7, Block 16, Section 1, Longwood Park Subdivision according to
the plat thereof filed in Volume 254-A, Page 90 Galveston County Map Records);
Commencing at a point marking the southwest corner of Lot 5, Block 16 of said
Longwood Park Subdivision from which a found 3/4" iron pipe bears S 12° 06' 51" E —
1.22' from said point; Thence S 45° 00' 00" E — 252.29' with the northeast line of Lot 4,
Block 16, Section 1 of said Longwood Park Subdivision to a found 3/4" iron rod marking
the common corner of Lots 4, 6, and 7, Block 16 of said Longwood Park Subdivision;
and the POINT OF BEGINNING of herein described tract;
1. Thence S 45° 00' 00" E — 264.00' with the southwest line of Lots 7 and 8, Block 16
of said Longwood Park Subdivision to a found 1/2" iron rod for corner marking the
northeast corner of said Magid tract;
2. Thence S 45° 00' 00" W — 20.00' with the southeasterly line of said Magid tract to a
point for corner;
3. Thence N 45° 00' 00" W — 264.00' to a point for corner;
4. Thence N 45° 00' 00" E — 20.00' with the northwest line of said Magid tract to the
POINT OF BEGINNING and containing 5,280 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).
Compiled by:
C.L. Davis & Company
Job Number: 11-784-magid tract M&B.doc
06-26-2003
CITY OF FRIENDSWOOD
Attn: City Secretr-y
11-784magid tract M&B.doc 910 S. Friendswooci Orr,-
Friendswood„TX 7/546-4856
(118 - 97 - 0878
- P.O.B.: EASEMENT A' C- /
LONGWOOD PARK SECTION 1 414
(VOL 9, Pc. 142 e.c.P.R.) BLOCK 8 LOT 15 41° a�
g (VOL 254-A PG.90 G.C.9.R.) LOT 16 f °
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30.BLDG.ewe — �u�c o (,'-2 o o ' EASEMENTS A" 13"AND "C'
LOT 18 I COMMENCING POWT:
LOT 17 / ��
��j� 0 REF. PT. END. 3/47P
�;��0.1 0 0 LOT 5 S 12'06'57" E .y.
- 1 0 1.22'
LINE DISTANCE BEARING JOHN DRIVE (60' R/W) °®' 0 ,a ,o
lSPH RUT Taut ----- .0"+ ki 6.0' c,
•
L 1 20.00' S 45'00'00" E „A
I 0 0 ''' 0 0 uw ��
7 I
LOT 4 I� 12' UTILITY ESMT. N N L2 6301 nit(
.00' S 45'00'00" W C-1 _ mom` PROPOSED
O L3 20.00' N 45'00'00" W D=00' 54" Vet S LONGWOOD PARK SECTION 1 ���� n J KZ
rj ��' 14' UTILITY ESMT.
L-6.92' ��o (VOL. 9, PG. 143 B.C.P.R.) I ,,^� ( 0 0 `sEn„ 3,346 SQUARE FEET
O V L4 630.00' N 45'00'00" E T=3.46' =o
3 W co LC=6.92' � (VOL 254-q PG. 90 G.C.M.R.) 0 � �-� Fr
CjD
O 4 L5 20.00' N 45'00'00" E CS=S 15'05'47" W BLOCK 16 0 z
C_2 7 ,ry� LOT 3 z "a. I
NOTES:
LE 264.00' N 4500'0D' W R=530.00' lT' TRACT ONE � O o,..._
LOT 6 ' i 1, THE BASIS OF BEARINGS SHOWN IS REF
o J n.0.c.:EASEMENT SOUTHWEST LINE OF LOT 7, BLOCK 16,
O CRNG ANTHONY ROLL, ET UX w m I SECTION 1
►� L7 235.19' N 45'00'00' W L=15.96' TO _ J o N 1 n END. 3/4"IR (VOL 254-A, PG. 90 G.C.M.I
S p T=7.9H' _1,y SHELDON B. MAGID ' I
Z 8 (n MO LC=15.96' V� 9737450 012-07-0851 o ` _c S 45'00'00" E.
LLI 3 Q LB 242.84' S 45'00'00" E CB=S 16'19'58" W �m 0 0 N 09-25-1997 I IZ.CIA IX nmw i 1.
•� Z a k (? ea "., B t 2. THE BUILDINGS OR IMPROVEMENTS SHOW
... % L9 14.00' S 45'00'00" w Lg�I - �� REPRESENT THE OUTLINE AT GROUND SU
6-4,
.` /� L { __„ — O\ UNLESS OTHERWISE NOTED.
, lL O L10 252.29' S 45-00'00" E 'r 'r o 1v r. 3. THE UTILITY APPURTENANCES
O B 6' UTILITY ESMi. 0 i.e., utilit
0 (V. 9, P.143 BCPR) jll0
3- SHOWN HEREON ARE THOSE VISIBLE AT a N L 1 1 264.00' S 4500'00' E 20,PROPOSED
ESMT. „E FENCE VINE LW L5 "� 0 rg O SURVEY AND MAY NOT BE COMPLETE.
'--6L7 z o o L12 20.00' S 45'00'00" W 5,280 SQUARE FEET �f'
O 4. TRACT SHO'NN HEREON SUBJECT TO CITY
J W w I: oo LOT 7 I BUILDING ORDINANCE.
TRACT TWO
CALLED 1.8181 ACRES CALLED 2.00 ACRES J,1l1 °„ LONGWOOD PARK SECTION 1 5. UNDERGROUND UTILITIES SHOWN BASED C
'� CRAIG ANTHONY ROLL, ET UX !i FRIENDSW0C7D AND PEARLAND DRAWINGS
JOHN A GARDNER 0t� (VOL. 9, PG. 143 B.C.P.R.)
• S TO EXIST!!
y 0,. TO v SHELDON B. MAGID R I I' 0 (VOL 254-q PG. 90 G.C.M.R.)
BLOCK MAPS,
P CONTRACTOR DISIEES ONSIBLE
. y GENARO CARRILLO, JR., a UX OF UNDERGROUND UTILITIES.
� \ 5eiL
9737450 012-07-0851 0
V a i 9646920 011-45-2173 4 09-25-1997 V �`, e
U I 11-07-1996 -- !OVERP°"A°�"" 6. THIS SURVEY PLAT IS ACCOMPANIED BY I
a\a \m �o'Q P ` € I 1 0 AND BOUNDS DESCRIPTION PER TEXAS BI
\a \4, ON AqE snn�� " $ R y A PROFESSIONAL LAND SURVEYOR'S "GENER
T '� \�1 o auct '"`� a b ;, PROCEDURES AND PRACTICES" SECTION 6
- Fm)vow we �`WE
REF. PT. fND.3 41P \' �a ' �' QII LOT 8
aP/I 6 C.L. DAVIS & CO. 1500,
S S'Z2 I- AO 7' N 44'12'32" E �a �a
y' 1.49' \ \ tr.-.5.1
"` L12 I I �� NDSURVEYING81�1 y1 L4 a�� P.O.B.:EASEMENT "C'i9 I d maw' ENO. 1/2%R ' .l„: \11 �,, ROAD __" �� a'� // L 1 UTILITY EASEMENTS
wo " = w L3 —a L2 0 0 0 o 4 1 PARCEL OUT OF LOT 4,
it ��II LONGWOOD PARK, SEC
;t;c ri rl �h �` C
N "'""=', y �'P eu®EuZu°a .amev PROPOSED (VOL 254—A, PG. 90 G.0
CZ IMOD)
�% .1::, CALLED 3A3 ACRES 20 UTILITY ESMT. I 2 PARCELS OUT OF L
1 1 I1! 9 m DON FULL N, ET UX 12,600 SQUARE FEET HOILDALE AND COFFMAN S
1 ' V L MCTIMOTHY R. HA-- WK,ET UX (VOL 215, PG. 394 G,
2001006670015-31-0848I'I I E 02-09-2001E.M. AUSTIN
630.00' J.E. PERRY AND FRIENDSWOOD
il
GALVESTON C(
I 1 003 DATE: OS-07-2 SCALE: 1' 100' JC
G
Should the sole oak tree in the proximity of the work die, as a result of the work,
the City will, at its sole expense, have the tree removed from the property and disposed
of.
You will be notified no less than two (2) working days prior to construction
beginning in the easement.
All contracts into which the City enters with contractors to perform the work
described above will expressly require that each such contractor have in force and effect a
valid policy of general liability insurance and a policy of Workers' Compensation
Insurance.
You agree not to file this agreement or any memorandum or notice of this
agreement in the real property records of any county. If, however, you do record this
agreement or a memorandum or notice of this agreement, the City may terminate this
agreement and record a notice of termination.
This agreement shall terminate by its own terms if the Easement Deed has not
been executed by you and delivered to the City, or if the City has not tendered the amount
of the purchase price of the Easement to you within sixty (60) days of the date of this
agreement.
Additionally, you agree that you will not sell, transfer or convey any right, title or
interest in the property which contains the Easement until after you have executed and
delivered to the City the Easement Deed.
AGREED this /716
day of J V , 2003
/140s
" .'Sheldon M._.
Mrs
The City of Friendswood, Texas
By: �cv—rT—
Ski r Jones,
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2, Mayor
Ill.,.
: 1. KIMBALL W.BRIZENDINE
ti
City of Friendswood
Councilmembers'
:�•� !', �� LAURA EWING
` ,� JERRY ERICSSON
,'.ti • 910 South Friendswood Drive TRACY GOZA
Friendswood Texas 77546-4856 DAVID J.H.SMITH
996-3270 SHANNON KIMML
11.1X (28 1) MEL MEASELES
Fax: (281) 482-1634
City Manager
RONALD E.COX
City Secretary
DELORIS McKENZIE,T.R.M.C.
July 31, 2003
Cert/RRR #7002-00860-0001-5480-3251
Mary Ann Daigle
County Clerk' s Office
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: Sheldon B. Magid
20 foot utility easement
5,280 sq. ft. out of lot 30
Hoidale & Coffman Subdivision
Please record this document and return original Waiver of Encroachment
to:
City of Friendswood
Attn: Linda Thornton
Assistant City Secretary
910 S. Friendswood Drive,
Friendswood, Texas 77546-4856.
Also, enclosed is check # 36221 in the amount of $17 . 00 for the above
referenced document.
Please do not hesitate to call if you have any questions.
Sincerel ,
Linda Thornton
Assistant City Secretary
Attachments: -5-
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t a 'cCOMP e t COMPLETE THIS SECTION ON DELIVERY
II Complete Snature Complete items 1,2,and 3.Also complete � °'� -" ❑agent
item 4 if Restricted Delivery is desired. / J ❑Addressee
III Print your name and address on the reverse L.4,
so that we can return the card to you. B.Received by(Printed Name) C. Date Of Delivery
• Attach this card to the back of the mail piece, r
or on the front if space permits.
D. Is delivery address different from items? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
MARY ANN DAIGLE
GALVESTON COUNTY CLERK
GALVESTON COUNTY COURTHOUSE
P.O. BOX 2450
GALVESTON, TX 77553-2450 3.jig
Type
ji Certified Mail 0 Express Mail
❑Registered 0 Retum Receipt for Merchandise
El Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
. Article Number ) c� 0 - 30� f
(Transfer from service label) 7 e Q 1 -0�4 P ^ cQ P e - I 5/
S Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
U.S.Postal Service
CERTIFIED MAIL RECEIPT
ru (Domestic Mail Only;,Itlo Insurance Coverage Provided)
m
T- 0 F C S
Lrl
Postage $ ,'r .
Certified Fee
0 1/
Postmark
Return Receipt Fee Here
1::) (Endorsement Required)
.D- Restricted Delivery Fee
(Endorsement Required) //
Total Postage&Fees $ru I ^T
O Sent To MARI ANN DAIuL1 , COUNTY CLERK
C- GALVESTON COUNTY COURTHOUSE
Street,Apt.No.; P.O. BOX 2450
or PO Box No.
ClIAState,ZIP+4GALVESTON, TX 77553-2450
PS Form 3800,April 2002 See Reverse for Instructions