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HomeMy WebLinkAboutUtility Easement - Phillip L. & Bonnie B. Mills - 1 JUDY AVE �L• 200 b lL 6 cgs • UTILITY EASEMENT 'Lp - 97O868 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Phillip L. Mills and Bonnie B. Mills ("Grantors"), 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 15-foot easement, for the purpose of constructing, reconstructing, altering, and maintaining underground public utility facilities, in, under, over, along, upon, and across that certain portion of Lot 48, 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 Cfl' OF FR!ENDSW000 Attn. City Secretary �� 444 910 S. Friendswood Drive Frientlswood. TX 71.54R..4RkA 18 - 97 - O86 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 Grange, 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 / day of , 2003. GRANTORS: Phillip L. Mills By: Name: . -LLij L . I' ) :tt. Bonnie B. Mills By: r (0,itiya--4ca Name—hsoNviaie "'3 : 7 ; trs ADDRESS OF GRANTEE: l,'nl� City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 Cam' OF FR!ENDSW000 Attn: City Secretary C9 /('v2 910 S. Friendswood Dnve Friendswood,TX 77546-4856 918T07- 0870 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF GALVESTON § aBEFO Ff the undersigned authority, on this day personally appeared, nti i C N111 ( , , 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. G EN UNDER MY HAND AND SEAL OF OFFICE on this .18 day of 2003. N is In and For the State of Texas """' e; SUSAN DEMETRIOS My Commission Expires: ' � ��5 '` MY COMMISSION EXPIRES "+ Q L September 24,2006 Gt-Y e7 -e .'?S?:11100 3 /f tj c ,r, _. i Diu S Friend Wood Drive HIendswoud,TX 77546-4856 ,fill 0 .18 - 97- 087f ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared,E 1\1? L- ' (\ \\s , 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. Q GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ok day of V�1w 2003. A1 t TARA NUNEZ ° NOTARY PUBLIC Nota tic In and r the State of Texas lP State of Texas c' Comm.Exp.08-02-2006 My Co sion Expires: aO. ©<„ (SEAL) CM' OF ER!ENOSW000 Attn: City Secretary 910 S. Friendswood Dave Og 9 &4VI F►iendswood,TX 77546 4856 EXHIBIT"A" 918- 97 - O879 MILLS TRACT METES AND BOUNDS DESCRIPTION 3,300 SQUARE FEET OUT OF BLOCK 48, HOIDALE AND COFFMAN SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 3,300 square feet out of Block 48, Hoidale and Coffman Subdivision, Friendswood, Galveston County, Texas according to the plat thereof filed in Volume 215, Page 394 Galveston County Deed Records and being out of that certain tract described in a deed dated 07-19-1982 from James Wesley Weldon, Jr., Executor to Philip L. Mills, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 82-21157 Film Code Number 001-78-0922 and being more particularly described by metes and bounds as follows (Bearings shown based on the northwest right-of-way line of Judy Street to be N 45° 00' 00" E based on the plat of Longwood Park Subdivision according to the plat thereof recorded in Volume 254-A, Page 90 Galveston County Map Records); Commencing at a found 1/2" iron rod marking the south corner of Lot 1, Block 11, Section 1 of said Longwood Park Subdivision and marking the intersection of the northwest right-of-way line of Judy Street and the northeast right-of-way line of Steele Street; Thence N 45° 00' 00" E — 185.00' with the northeast right-of-way line of said Judy Street to a point for corner marking the east corner of said Lot 1, Block 11, Section 1 of said Longwood Park Subdivision; Thence S 45° 00' 00" E — 15.00' with the southwest line of said Mills tract to the POINT OF BEGINNING of herein described tract; 1. Thence N 45° 00' 00" E — 220.00' to a point for corner; 2. Thence S 45° 00' 00" E — 15.00' with the northeast line of said Mills tract to a point for corner; 3. Thence S 45° 00' 00" W — 220.00' to a point for corner; 4. Thence N 45° 00' 00" W — 15.00' with the southwest line of said Mills tract to the POINT OF BEGINNING and containing 3,300 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-mills tract M&B.doc 06-26-2003 C{TV Or FR;ENBSW00D Attn: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-48516 iih 11-784-mills tract M&B.doc / / FREES AN it RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY. 77? 018 - 97 - 0873 2003 AUG 05 01:36 PM 200305 3994 }3ELK_T $17.00 Mary' Ann Daigle 'COUNTY CLERK. GALVEL iON, TEXAS ys�- .;..,, .1„,,..,,,,..,i,c,,,,of,. .v. Ctj ot gaendswood "'� N CAPITAL IMPROVEMENT PROJECTS ': f" 910 South Friendswood Drive ` ®l FRIENDSWOOD, TEXAS 77546-4856 ` > T 281-996-3203 3:Z. July 1, 2003 Mr. and Mrs. Mills Address P.O. Box 1307 Friendswood, TX 77549 Re: Acquisition by the City of Friendswood, Texas (the "City") of a perpetual easement for purposes of installing a potable water line. Dear Mr. and Mrs. Mills, This letter is to set forth the terms of the City's acquisition of an easement over and across property owned by you located atl Judy Avenue. Specifically, you agree to transfer and convey to the City a perpetual utility easement (the "Easement") by executing an Easement Deed, a form of which is attached hereto as Exhibit "A," in exchange for the City's furnishing and installing two water meters to the subject property, the receipt and sufficiency you acknowledge by executing the Easement Deed shown in Exhibit"A." The Easement shall be located as described in Exhibit"A." Initially, the City plans to install the potable water line within the sub-surface of the Easement. Your conveyance of the easement to the City permits it, or its designees, to enter the easement to install, construct, maintain, inspect, repair, replace or remove the improvements located within the Easement. You acknowledge through this agreement that the City cannot be sure what problems it may encounter in installing the line, and these construction plans may change,based on conditions existing on the ground. During construction of the water line, the City will relocate all temporary structures located within the Easement to a new, permanent location, or will move the temporary structures for the duration of construction, and move them back to their original location, at the City's cost. Additionally, all paving, landscaping or other permitted surface improvements located within the Easement which are disturbed during construction will be replaced and the land returned to a state as close to its original condition as reasonably possible at the City's sole cost and expense. All such repairs will be completed and the land returned to a state as close to its original condition as reasonably possible within thirty (30) days from the date the City completes work within the easement. • You will be notified no less than two (2) working days prior to construction or maintenance beginning in the easement provided that an emergency situation does not exist that requires the City or its contractors to act immediately. • 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 that contains the Easement until after you have executed and delivered to the City the Easement Deed. AGREED: • 114/ip{Mills Mrs. Bonnie B. Mills The City of Friendswood, Texas By: SkipU Jones Capital Projects Coordinator City of Friendswood P.O. Box 1307 Friendswood, TX 77549 July 2, 2003 Mr. Skipper Jones Capital Projects Coordinator City of Friendswood 910 South Friendswood Dr. Friendswood, TX 77546 Dear Mr. Jones, Enclosed please find the easement document and the letter/contract. As per our telephone conversation of July 1, the letter/contract has to be approved by the Friendswood city council. Should the council not approve it, the easement document will not be accepted by the city. In the case of the city council's failure to approve the agreement, you will return the unrecorded original easement document to me. Since ely, /A t34 hilip Mills /4AL"2-(-10 • D IMayor I�1 ,. KIMBALL W.BRIZENDINE City of Friendswood Councilmembers • 'i, ' 4*. LAURA EWING ,. � JERRY ERICSSON • .4 910 South Friendswood Drive TRACY cozA ' �� Friendswood, Texas 77546-4856 DAVID J.H.SMITH •* 1©l (281) 996-3270 SHANNON KIMifL MEL MEASELES xA • 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: Phillip L. Mills & Bonnie B. Mills 15-Easement 3,300 Sq.ft. out of Elk. 48 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 # 1A271 in the amount of $17.00 for the above referenced document. Please do not hesitate to call if you have any questions. Sincerely, Linda Thornton Assistant City Secretary Attachments: -5- SECTIOAE F a �ttrYi►t-F't�c - to-FEEL Complete items 1,2,and 3.Also complete A Si9nctLre item 4 if Restricted Delivery is desired. r — y 0 Agent -B Print your name and address an the reverse ';". `� i .` El Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date ci Delivery X Attach this card to the back of the maiioiece, Cr on the front if space permits. 3` D. Is delivery adcrs different from'(fern 1? 0 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. Service Type .74 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number (Transfer from service 1abe0 7 Q —t9 i P fj/_ S ` 3as PS Form 3811,August 2001 Domestic Return Receipt 1025..95-o2-M-tsac U.S. Postal Service CERTIFIED MAIL RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) m D _ =1 c-1 Postage $ , 1 C) 3 Certified Fee D Return Receipt Fee Postman {Endorsement Required) Here ca Restricted Derrveiy Fee D (Endorsement Required) / Total Postage&Fees $,Ul g rU O Sent To MARY AIVN DAIGLE, COUNTY CLERK r- GALVESTON COUNTY COURTHOUSE Street,Apt.Nap-p 0. BOX 2450 _._.............._..__....._._.__. or PO Box No. cny,Saa,ZIP+4 GALVESTON, TX 77553-2450 PS Form 3800,April 2002 See Reverse for Instructions