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HomeMy WebLinkAboutElectric Distribution Line Easement - Texas-New Mexico Power Company - 1000 MANISON PKWY GAL at)(3 0 0 z 7 1 • • A i 4. GAL 2005012793 ELECTRIC DISTRIBUTION LINE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE COUNTY OF GALVESTON § PRESENTS: THAT CITY OF FRIENDSWOOD (Grantor,whether one or more), of GALVESTON COUNTY, TEXAS, for and in consideration of the sum of One Dollars ($ 1.00 )paid to Grantor by TEXAS-NEW MEXICO POWER COMPANY("Grantee", and a corporation),the receipt of which is hereby acknowledged,has granted, sold, and conveyed, and by these presents does grant, sell, and convey unto Grantee, its successors, and assigns, an easement or right-of-way for one or more electric lines and all necessary associated facilities, located over, across, along,under, and upon the following described lands("Easement") located in GALVESTON COUNTY, TEXAS,to wit: An electrical utility easement as described by metes and bounds in attached Exhibit A. The sketch attached hereto is incorporated by reference as a part of this electric utility easement. Grantor herein reserves the right to use the Easement described herein for all purposes except as herein restricted, subject,however,to the rights granted herein to Grantee. Grantor agrees to maintain minimum horizontal and vertical clearances between structures Grantor owns which are constructed after the effective date of this Easement and the nearest electric line of Grantee within this Easement. Horizontal and vertical clearances shall comply with the National Electric Safety Code, and state or local ordinances, as currently in effect or as amended from time to time. Grantor shall not use this Easement for the growing of trees or of any other vegetation which, in the opinion of Grantee,may interfere with the construction,maintenance, operation, efficiency, or safety of the electric line. Grantee,in addition to any other rights herein granted, shall have the right of ingress and egress to or from said Easement for the purpose of constructing, reconstructing, operating, inspecting,patrolling,maintaining, adding to,replacing, and removing the electric line or lines and all associated facilities;the right to relocate along the same general direction of said line or lines within this Easement; the right to remove a:\distrtx.doc 1 • • I . i from this Easement all trees and vegetation(wild or cultivated) and parts thereof (including overhang from trees and vegetation growing outside this Easement)which, in the opinion of Grantee, endanger or which may interfere with the construction, maintenance, operation, efficiency, or safety of the electric line or lines and associated facilities; and the right to exercise all other rights granted in this Easement. All covenants of Grantor in this Easement shall be binding on Grantor's heirs and assigns, and shall be covenants running with the land described herein. TO HAVE AND TO HOLD the above-described Easement and rights unto Grantee, its successors, and assigns, until said Easement shall be abandoned. SIGNED this 8th day of February , 2005 . Kimball W. Brizendine Mayor a:\distrtx.doc 2 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF GALVESTON § The foregoing instrument was acknowledged before me this 8th day of February ,20 05 ,by Kimball W. Brizendine, Mayor. My Commission Expires: Notary Public --_ 08/10/07 Linda S. Thornton (Type or print name of Notary) STATE OF TEXAS § COUNTY OF § I, ,hereby certify that the foregoing written instrument was filed in my office for record on the day of 20 , at o'clock_.m. and duly recorded by me on the day of , 20 , in Vol. ,Page , of the Deed Records of said County. Given under my hand and seal of office the day and year last above written. County Clerk County By: , Deputy a:\distrtx.doc 3 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 0.1555 ACRE OUT OF LOTS 46—49 SLONE SUBDIVISION JOHN DICKINSON SURVEY, ABSTRACT NUMBER- 9 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 0.1555 acre out of Lots 46 — 49, Slone Subdivision according to the plat thereof filed in Volume 254, Page 53-54 Galveston County Map Records, John Dickinson Survey, Abstract Number— 9, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 07-29-1998 from Friendswood Independent School District to the City of Friendswood as filed in Official Records of Real Property of Galveston County at Clerk's File Number 98-36032, Film Code Number 012-79-1982 and out of the residue of that certain "Tract 1" described in a deed dated 09-15-1994 from Wesley West Cattle Company and Wesley West Descendents Trust to City of Friendswood as filed in Official Records of Real Property of Galveston County at Clerk" File Number 94-41874, Film Code Number 009-98-0903 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at a point marking the southwest corner of that certain tract described in a deed dated 07-29-1998 from City of Friendswood to Friendswood Independent School District as filed in Official Records of Real Property of Galveston County at Clerk's File Number 98-35968, Film Code Number 012-79-1672 from which a found 2" iron pipe marking the west corner of Abstract Number — 9, south corner of Abstract Number — 151 and east corner of Abstract Number— 69 bears S 41° 43' 49" W — 1,118.59' (deed 1,119.17') for reference; Thence N 41° 44' 51" E— 1,038.59' with the west line of said Friendswood Independent School District tract to a point marking the common northwest corner of said Friendswood Independent School District tract and the southwest corner of said City of Friendswood tract, and said point marking the POINT OF BEGINNING of herein described tract; 1. Thence N 41° 44' 51" E—8.44' with the common west line of said City of Friendswood tract and the east line of Lakes of Falcon Ridge, Section One, Block 1 according to the plat thereof as filed in Plat Record 18, Map Numbers 1335-1337 Galveston County Map Records to a point for corner; 2. Thence S 66° 46' 48" E—825.46' to a point for corner; 3. Thence S 23° 13' 12" W— 16.00' to a point for corner; 4. Thence N 66°46' 48" W—20.00' to a point for corner; 5. Thence N 23° 13' 12" E — 8.00' with the east line of said Friendswood Independent School District tract to a point marking the northeast corner of said Friendswood Independent School District tract; 11-8010.1555 acre M&B 6. Thence N 66° 46' 48" W — 808.14' with the common north line of said Friendswood Independent School District tract and the south line of said City of Friendswood tract to the POINT OF BEGINNING and containing 0.1555 acre (6,775 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: 11-801 0.1555 acre M&B.doc 01/11/2005 11-8010.1555 acre M&B This sketch is incorporated by reference os a part of the easement r from The City of Friendswood, Texas, a Texas Home Rule City, n'S / 9cr, iv, Grantor, to Texas New Mexico Power Company, Grantee, by easement �o 'ems e°g4F�sT dated 200 �, / 4QT 6 �' O 9`38`FA / 4 s '' LINE DISTANCE BEARING L1 8.44' N 41.44'51" E °kti / T 4� Vl_� L2 825.46' S 66'46'48" E G \.' Vl_ L3 16.00' S 23'13'12" W (j� �o�ti�O / SLONE SUBDIVISION nor 4 �� —k L4 20.00' N ss 46'48" W \� (VOL. 254, PG 53-54 GCMR� 8 COT 5 L5 ' 8.00' N 23'13'12" E \ �� ti^ /, 49 1 L6 808.14' N 66'46'48" W G \O C 1 GG \-°� //;0c5� "c/o FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT ���� I''' / FP� `� 4) ti _� / TO l O 1� °� /o° / CITY OF FRIENDSWOOD 4� C G \' / ' /,.- 7 PROPOSED TEXAS NEW (98-36032 012-79-1982) j' ,� 5 5�G6���h �° /; �'�`� 1/E D POWER EAS�IEAT 07-29-1998 G�1G ��' `l� ��° Ll °_`' 0. 1555 ACRES ALSO SEE: 1�iyA��J �P 1cb'r P.O.B. , % ' \4 / (6, 775 Sq. Ft.) CITY OF FRIENDSWOOD COjTO SO G' FND.2'IPP"" \-, FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT NOTES: ��� i Q ti" , MH (98-14203 012-46-0892) 1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO Q`.y P/ 2 03-31-1998 RESIDUE ly ` s° Go) / SET 5/8"IR/CAP POST(2) TRACT I (CALLED 21.3925 ACRES) THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH \ F• 1 \ ..POST(2) WESLEY WEST CATTLE COMPANY CENTRAL ZONE. J �, / (QT 66 ,,\ \ AND WESLEY WEST DESCENDANTS TRUST 2. FOR ADDITIONAL RESTRICTIONS SEE RESTRICTIVE TO COVENANTS. °) ,5 �6' CITY OF FRIENDSWOOD ti �� �✓o coNc 3. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE t RT (94-41874 009-98-0903) /r-�-(, .° Ns/ h° SOT �94oaT Fgsr -�R7tg 09-15-1994 METES AND BOUNDS DESCRIPTION PER TEXAS BOARD Qv (l� Et Q% 0t0 6) 4�B>FST��f T �\ ALSO SEE: OF PROFESSIONAL LAND SURVEYOR'S "GENERAL a\ `�!,1V 1 / °ogFT�CT,7 \ \ SET 5/8'IR/CAP / DEED OF TRUST RULES OF PROCEDURES AND PRACTICES" SECTION \\ �C' GG ( �'9BRgco7 CITY •1F FRIENDSWOOD 663.19(9). TO GO ��� �� �� CITY OF FRIENDSWOOD QT 68 oy \ L5 L MH RANDOLPH C. MARCEAU, TRUSTEE 4. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON Q GQ <R� TO (94-41875 009-98 0912) REPRESENT THE OUTLINE AT GROUND SURFACE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT FND.3/4IP 'L4 09-15-1994 LEVEL, UNLESS OTHERWISE NOTED. b„ (L- rt. (98-35968 012-79-1672) (Qr 5. THE UTILITY APPURTENANCES ( i.e., unfit 440 QG 07-29-1998 69 FND.5/8"IR (oT y poles, �' ALSO SEE.' W/CAP ,S7 inlets, etc.) SHOWN HEREON ARE THOSE VISIBLE AT 0 ��' �o THE TIME OF SURVEY AND MAY NOT BE COMPLETE. TRACT II (CALLED 20.2837 ACRES) °O' ��OV WESLEY WEST CATTLE COMPANY (QT FND.5/8"IR 6. TRACT SHOWN HEREON SUBJECT TO CITY OF AND WESLEY WEST DESCENDANTS TRUST FRIENDSWOOD BUILDING ORDINANCE. TO 1 ", FND.3/4"IR 7. UNDERGROUND UTILITIES NOT SHOWN. CONTRACTOR IS COMMENCING CITY OF FRIENDSWOOD �Q°e(°�° ( RESPONSIBLE FOR VERIFICATION OF UNDERGROUND (94-41874 009-98-0903) A.�OI oT ) UTILITIES. POINT 09-15-1994 ��c�' TRACT III (CALLED 19.6805 ACRES) ' 8. ALL SET CAPPED RODS STAMPED "C.L. DAVIS, RPLS a DEED OF TRUST �vOo' WESLEY WEST CATTLE COMPANY CQ 44 �°0 0 CITY OF FRIENDSWOOD 1V�y�p° AND WESLEY WEST DESCENDANTS TRUST T 64". .t, cb.k\ TO (3. TO '500 WINDING WAY RANDOLPH C. MARCEAU, TRUSTEE titi�t CITY OF FRIENDSWOOD C.L. DAMS & CO. FRIENDSWOOD, TEXAS 77546 N' / . '` 281-482-9490 S ��0 (94-41875 009-98-0912) �°(Y p a (94-41874 009-98-0903) LAND SURVEYING Fax 281-482-,z94 �0 09-15-1994 o9-15-1994 ALSO SEE: EASEMENT EXHIBIT DEED OF TRUST TEXAS-NEW MEXICO POWER COMPANY FND.2"IP CITY OF FRIENDSWOOD WECORNER0.1555TO ACRE (6,775 Sq. Ft.) UT SOUTH CORNER A-9 A-151 RANDOLPH C. MARCEAU, TRUSTEE OUT OF LOTS 46-49 EAST CORNER A-69 / (94-41B75 009-98-0912) SLONE SUBDIVISION / 09-15-1994 (VOL. 254, PG. 53-54 GCMR) JOHN DICKINSON SURVEY, A-9 FRIENDSWOOD, GALVESTON COUNTY, TEXAS DATE:01-08-2005 FscALe 1•- 200' IJOB NO.: 11-837 DWG FILE: 11-801GPS1-SURFACE -D'Witt: .. Mayor KIMBALL W.BRIZENDINE f City of Fr'= 4r. , Friendswood a' `'M. �' �vA��.. Councilmembers " '�if.r-•: 4.,, LAURA EWING I:ii:;.��,`\`''`r'r��'? JERKY ERICSSON t. 910 South Friendswood Drive TRACY GOZA �' >tir N Friendswood, Texas 77546-4856 DAVID J.H.SMITH SHANNON SL Na 1''i , (281)996-3270 MEL MEASELE , r Fax: (281)482-1634 '_= A,01 City Manager 1'e•ruary 17, 2005 RONALD E.COX City Secretary DELORIS McKENZIE,T.R.M.C. TEXAS-NEW MEXICO POWER COMPANY Attn: Greg Myers Energy Consultant 1207 W. Parkwood Ave. Friendswood, Texas 77546 Ref: Three (3) original Electric Distribution Line Easement sets. Dear Mr. Myers: Enclosed are (3)executed original easement sets as referenced above. These easements were approved at the City Council meeting on February 7, 2005. Please record with the County Courthouse and forward a recorded copy to: CITY OF FRIENDSWOOD Attn: Deloris McKenzie City Secretary 910 South Friendswood Drive Friendswood,Texas 77546-4856 If you have any questions regarding this easement,please contact me at(281) 996-3270. Sincerely, eenzie, . c • D Loris City Secretary Enclosures: 3 sets Received by: .2 ThOV Date: )/4/o5 fueusuo31c ioug • sioXIAT SaJD 1141 `Apiaouts •aut Imuoo asEaid`suogsanb ATM anEg noA.Ij •noA }ioEq Adoo ouo gm J[LM I `papiooaz paE moodsut uaaq antg sluatuasea otp Jaw •„sazudxg uotssuuuuoj „ asE.rgd aLp you 2uaur2pajmomjoE age•jo a5pa}jai alp.reau was£ou atp owooj amid'ow •atu of paumna.!pue pazuElou`paints satdoo jjE anBq°seam •swautassa �1tii�fl otagoaig•jo has E st pagoEuE `uopEs1anuoo sn0tna1d mo 01 aoua.tajai uI SOOZ `I£ InuEf xed 69£9-Z817-L9Z o2o/ >r £SiO-966-19Z 917SLL sexal 'pooMspuaud ®AU2dWOJ JaMod a^\/Poo^°IPed M LOZL OJ!Xaw MaN-s2X13l