The URL can be used to link to this page

Home My WebLink AboutRight of Way Agreement - McMurrough, Libby - W EDGEWOOD DR 47922 THE STATE OF TEXAS 0 0 RIGHT OF WAY AGREEMENT COUNTY OF GALVESTON 0 KNOW ALL MEN BY THESE PRESENTS: THAT FOR and in CONSIDERATION OF $10.00, in hand paid to LIBBY McMURROUCE, GRANTOR HEREIN, receipt of which is acknowledged, and for other valuable consideration as hereinafter set out, the GRANTOR herein does hereby grant to the City of Friendswood , Texas a municipal corporation of Galveston County, Texas, hereinafter called GRANTEE, the right to lay, maintain, inspect, operate, repair, replace and remove one (1) sanitary sewer line along a route as hereinafter designated, a specifically described strip of land out of and along the northerly side of land, which the GRANTOR warrants she is the record owner, situated in Galveston County, Texas; TO WIT: -- BEING A STRIP OF LAND not to exceed 40 feet in width, as may be used for the original laying and construction of the said sanitary sewer line, such width being necessary for the passage of heavy equip- ment in laying of such sewer line, being out of Lot 2, Blk. 1 of "Friendswood" in the SARAH MC KISSICK LEAGUE, Abstract 151 or the J. R. WILLIAMS LEAGE, Abstract 151, Galveston County, Texas as shown on-rimmomisillisel10.1111.00115 Map Records of Galveston County, Texas. THAT UPON COMPLETION of the laying of and construction of said sanitary sewer line, the easement for the maintenance and other purposes set forth shall be limited to a strip of land 7.50 ft. in width off of the northeast side of and measured from said northeast boundary line of GRANTOR'S prop- erty: described by metes and bounds as follows: Beginning at an iron 1" pipe located in the southeasterly right- of-way line of State F.M. 2351 (Edgewood Avenue) the northeasterly corner of GRANTOR'S land, Lot 2, Blk. 1 of "Friendswood." THENCE S.E. along the N.E. boundary line; the common dividing line of Lot 2 and Lot 1, Blk. 1, a distance of 610.4 feet to ] " iron pipe, the S.E. corner of Lot 2, Blk. 1. THENCE 7.50 feet S.W. along S.E. boundary line of Lot 2, Blk. 1 for a point, the S.W. corner of the easement granted, THENCE northeasterly parallel to N.E. boundary line, the common dividing line of Lot 2 & 1, Blk. 1, a distance of 610.14 feet to a point in the southeasterly right-of-way for the N.W. corner in north- westerly boundary line of Lot 2, Blk. 1. THENCE N.E. a distance of 7.50 ft. to the 1" iron stake the point of beginning. TO HAVE AND TO HOLD THE SANE unto the GRANTEE, the City of Friendswood, and Texas,/its successors, so long as the rights and easements herein granted shall be used by or be useful for the purposes herein granted, with the D E E D .. Boor 19O l PAGE 87 right of ingress and egress, to and from said land for any and all pur- poses necessary, only at the points where such sewer line enters upon the land of GRANTOR at and on southeasterly right-of-way line of State F.M. 235/or the easterly end of such easement. It is contemplated that all rights herein granted may be utilized immediately or very near future:. IT IS SPECIFICALLY UNDERSTOOD BY GRANTOR and so stipulated by GRANTEE, CCD tr7 City of Friendswood, Texas that a similar and like strip of land 7.50 ft. "` m. in width on the northeasterly side adjacent to and adjoining the above described 7.50 foot strip of land has been granted by its owner W. L. BOYLE C a 4 and being out of Lot 1, 131k. 1 "Friendswood." That the total of easement consists of a contiguous strip 15 feet wide and further it is stipulated that said sanitary sewer line shall follow the common dividing line above set out. It being further mutually agreed and understood that should GRANTEE find it necessary to replace any section of said sewer line such replace- ment shall be considered as a repair. And in the event the said GRANTEE finds it necessary to remove the original sewer line and to replace it in whole, as it traverses said property, then in that event the GRANTEE, City of Friendswood, Texas shall pay any and all damages, if any, that it may cause by such operation and save the GRANTOR,her heirs and assigns, harm- less from any such damages. AND SHOULD THE GRANTEE remove and fail to replace or reconstruct and abandon same for a period of six months from date of removal, thenih that event such easement herein granted shall be deemed abandoned and s aid land and all rights shall revert to GRANTOR, her heirs and assigns. THE GRANTEE, City of Friendswood, Texas, agrees to bury said sewer line to such depth as required by law, AND The GRANTEE will at all times, after doing any work in connection with the laying and construction, reconstruction or the repairs to said pipeline, restore said premises to the same condition as said premises were found be- fore such work was undertaken. And the GRANTEE shall level off the gound over and around such sewer line and keep the ground level and in a safe condition. The GRANTEE shall replace any fences, restore any road, roadway or street that may be built adjacent to said sewer line as it traverses the above described property when the same is damaged by any such work; all at the expense of the GRANTEE and not at the expense of the GRANTOR, his heirs and assigns. AND THAT in the use of said rights and privileges herein granted the GRANTEE will not create or cause to be created any nuisance or do any act that will be detrimental to the premises. The GRANTOR is to fully enjoy the said premises, except for the purposes herein granted to the GRANTEE and provided the said GRANTOR shall not construct or permit to be constructed any )abuse,: structures or obstructions on or over, or that will interfere with the maintenance or operation of the said sewerline. IT IS MUTUALLY UNDERSTOOD and AGREED that no building or other structure will be placed or erected within 30 feet of the center line of said sewer line, but that a roadway, street or alley right-of-way may be built to run along such sewer line so long as it does not cover or obstruct said sewer line by the GRANTOR, her heirs and assigns; and this designated area is not to be deemed an easement or a dedication. HOWEVER this in no way shall prevent the planting of trees, shrubs, etc. or building a fence along the herein described easement line. ., 1 IT IS FURTHER STIPULATED BY GRANTEE that as a part of the considera pc - 0 tions for the rights, privileges and uses herein granted that the GRANTOR i m '471, .)�; shall have not less than �/J taps into said sanitary sewer and at three --1 rTi �' C different spots or locations as may be chosen by the GRANTOR now or in the CD future and at no cost to this GRANTOR, her heirs and assigns. C= WITNESS the execution hereof on this S day of A.„.. , A. D., 1967. e-7?-/:..q, / LBY McMt RROU( f, GRANT THE STATE OF TEXAS 0 COUNTY OF GALSESTON 0 BEFORE ME, the undersigned authority, on this day personally appeared LIBBY McMURROUGH known to me to be the person whose name is subscribed to the fore- 'going instrument, and acknowledged to me that she executed the same for the ,,,,purposes and considerations therein expressed. . ,C " t°' TNTCR MY HAND AND SEAL OF OFFICE THIS/� DAY OF A.A. D., 1967. ,: T c9 NOTARY 1-' C.-: '-'-: , \ i •z- /lir( $e g L J'�7� i 1lJ0wn\ :`. _. Italkirt Public in End for }:'iris CotIn.' , T i. FILED FOR , ocre,d, NOVU E2 a mcissKNNA 7 E ATE BMX 1907 9p GERTR CT. G, E' IN CoUNTY, TEXAS .eputy STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on tho - • date and time stamped hereon by me and was duly recorded in the volume and page of the named records of Galveston County, Texas as stamped hereon by me. cs) .11 cot, .1' NOV 2 81,. • . 1). clA0 136•="4tAjWt.*""4 67 0 ,• COUtU ClERK,Galveston County,Texas • • 944e,