HomeMy WebLinkAboutUtility Easement - Richard J. Venier - 2401 JOHN AVE ii
iCIIC 20030539916
0 18= 97- 844
UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Richard J. Venier ("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 14 foot easement, for the purpose of constructing, reconstructing,
altering, and maintaining underground public utility facilities, in, under, over, along, upon, and
across that certain Lot 4, Block 16 of Longwood Park, 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 FIENOSW000
Attn: City Secretary
910 S. Friendswood Drive
018 - 07 - 0845
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 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
,
GRANTOR:
Richard J. easier
By:
Name: '6/f4- 0. �� )1/??
Title: OWNER.
ADDRESS OF GRANTEE:
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546 tpAtm-
My OF FR! NDSWOOD
Attu. ►ty Secretary 2
910 S. Friendswood Drive
Friendswood TX 77.Cal/r1"
EXHIBIT"A" �� 1 0 p3 � try "" a � � �
METES AND BOUNDS DESCRIPTION 1
3,346 SQUARE FEET OUT OF
LOT 4, BLOCK 16, SECTION 1
LONGWOOD PARK SUBDIVISION
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 3,346 square feet out of Lot 4, Block 16, Section 1, Longwood Park
Subdivision according to the plat thereof filed in Volume 254-A, Page 90 Galveston
County Map Records 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 and said point being on the east right-of-way line of John Drive
and being on a curve to the right having a radius of 530.00' and a central angle of 00°
44' 54"; Thence with said curve and the east right-of-way line of said John Drive an arc
distance of 6.92' and a chord bearing and distance of S 15° 05' 47" W — 6.92' to the
POINT OF BEGINNING of herein described tract;
1. Thence S 45° 00' 00" E — 242.84' to a point for corner;
2. Thence S 45° 00' 00" W — 14.00' with the westerly side of a 6' wide utility easement
as filed in Volume 254-A, Page 90 Galveston County Map Records to a point for
corner;
3. Thence N 45° 00' 00" W — 235.19' to a point on the east right-of-way line of said
John Drive and on a curve to the left having a radius of 530.00' and a central angle
of 01° 43' 30";
4. Thence with said curve and the east right-of-way line of said John Drive an arc
distance of 15.96' and a chord bearing and distance of N 16° 19' 58" E — 15.96' to
the POINT OF BEGINNING and containing 3,346 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-Lot 4, Block 16 M&B.doc
06-26-2003
CITY OF FR!EMDSWOOD
Attn: City Secretary
11-784-Lot 4,Block 16 M&B.doc 910 S. Friendswood Drive
Friendswood TX 77546-485b
•
— 0847
ACKNOWLEDGMENT r, 8 "1 r
THE STATE OF TEXAS §
COUNTY OF HARRIS §
\l`cax FORE ME, the undersigned authority, on this day personally appeared,
�\C (, \e N4K , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this �+ day of
Ju 1 21K2,00-3
TARA NUNEZ
—pç
` No lic In For the State of Texas
NOTARY PUBLIC
0 'O State of Texas @OOG
�Comm.Exp. 08-02-2006
My Commission Expires:
(SEAL)
CITY OF FR!EIVOSwOO
Attn: City S30.^`.
910 S. Friendswood Drive 3
Friendswood,TX 77546-4856
UIa - y -r— Qg413
a LONGW00D PARK SECTION 1 ow%P.O.B.: EASEMENT '4' / C-;
• ; (VOL 9, PG. 143 B.CP BLOCK 8 R) LOT 15 i� ' °
R (VOL 254-A,PG.90 G.C.M.R.) LOT 16 °
sr ans uxe — 0 C-2 ° o " EASEMENTS "A" B"AND "C'
LOT 18 �° �� 'r COMMENCING POINT.
LOT 17 .0110It ° REF. PT. END. 3/4YP �'"v/�(
e>�� 1 ° 0 LOT 5 S 12'06$1" f
LINE DISTANCE BEARING JOHN DRIVE (60' R/W) " �4. � °s.o' •a'" �" $
6. ' �L 1 20.00' S 45'00'00' E - 0 ° ° •. p 0 rpt o ", r°
/ � SLOT 4 ° 1° 12' IMUTY E . ?< 'a A '4 CITY OF FRIENDSWOOD
L2 6.30.00' S 45'00'00" W C-1 �_ — ,STOW (V. 9, P.143 BCPR) PROPOSED Attn: City Secretary
R=530.00' AI. ��..� ° a 14' UTILITY ESMT.
L3 20.00' N 45'00'00" W 0=00'44'54" \: S LONGWOOD PARK SECTION 1 /// v.3,346 SQUARE FET 910 S. Friendswood Dnve
IOWL=6.92' J�.3 (VOL. 9, PG. 143 B.C.P.R.) x ° o ,
L4 630.00' N 45'00'00" E T=3.46' � �' (VOL. 254-q PG. 90 G.C.M.R.) 2 _ Friendswood,TX 77545-4856
LC=6.92'
L5 20.00' N 45'00'00' E CB=S 15'05'47" W �j ttck BLOCK 16 g ^ I � ®Tea
aaa� NOTES:
•
R 530.00' 60 8 F j R'i 1 I 1 p ° LOT 6 1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
L6 264.00' N 45'00'00' w TRACT ONE ~ o SOUTHWEST LINE OF LOT 7, BLOCK 16, LONGWOOD PARK,
D=01'4330' CRAIG ANTHONY ROLL, ET UX $m P,O.B.: EASEMENT $
tI SECTION 1254-A, PG. 90 G.C.M.R.) TO BE
L7 235.19' N 45'00'00' W L=15.96' TO _ o N o �I' ■' ENO. 3/4 IR I (VOL.(
T=7.98' .,,ff SHELDON B. MAGID L., ,e `;;,, - 1 S 45'00'00" E.
L8 242.84' S 45'00'00' E LC=15.96' 9737450 012-07-0851 g g ° o '
CB=S 16'19'S8" W 09-25-1997 / R s=a III �+( 2. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREONPOI RAO iIi t 2 REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL.
L9 14.00' S 45'00'00' W L9 9 \ UNLESS OTHERWISE NOTED.
L 10 252.29' S 45'00'00' E 1°B" 6' UTILITY ESMT. 0 o — — :: i 3. THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.)
(V. 9, P.143 BCPR) ill ° 1 SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF
u
L11 264.00' S 45'00'00"E PROPOSED nc, t,,TRcI L5 i 0 ig SURVEY AND MAY NOT BE COMPLETE.
20' UTILITY ESMT.
L12 20.00' S 45'00'00' W w 5,280 SQUARE FEET �t ° 4. TRACT SHOWN HEREON SUBJECT TO CITY OF FRIENDSWOOD
w 6 o LOT 7 I BUILDING ORDINANCE.
O
TRACT TWO .� T ° 5. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF
CALLED 1.8181 ACRES CALLED 2.00 ACRES cc):
LONGWOOD PARK SECTION 1 FRIENDSWOOD AND PEARIAND DRAWINGS & UTILITY COMPANY
'P CRAIG ANTHONY ROLL, ET UX J II °8 (VOL 9, PG. 143 B.C.P.R.)
s TO i BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE
t JOHN ATGARDNER SHELDON B. MAGID
tI 0 m` (VOL 254-q PG. 90 G.C.M.R) FIXTURES. CONTRACTOR IS RESPONSIBLE FOR VERIFICATION
.��Q,\ GENARO CARRILLO, JR., ET UX 9737450 012-07-0851 II( ° OF UNDERGROUND UTILITIES.
9646920 011-45-2173
I* eel 09-25-1997 °
11-07-1996 ro®1 ra ■
6. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES
aa\� �, 11
° AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
\ \ MGH Qo � y PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
T � Ta.i� \aa m0.� Eqo �� �i PROCEDURES AND PRACTICES' SECTION 663.19(9).
\� LOT 8 C.L. DAVIS & CO. 1500,WINDING WAY
no„r RfF. PT FND.3/41P s 4',...... p P FRIENDSW(OD, TEXAS 77546
III N 441:4932' E �L* �� L12 I EliI LAND SURVEYING 281-452-9490
I�✓r t.Ill weo MICE.1 , . L4 ��-_e` erg ae roa 7 FND.�1/27R T 'C' '�'
ditty t:ao ,, - - - ,K // 1j _--LUTILITYEASEMENTS EXHIBIT
(R/w S) 1 1
w 3 i �� �� L2 ° ° ° �\ 1 PARCEL. O:i r OF LOT 4, BLOCK 16
�� I �. L3 "C,. LONGWOOD PARK, SECTION 1
!I f `` i� ,, °°°`""" „ou PROPOSED (VOL 2:i4—A, PG. 90 G.CM.R) AND
III } " "®' CI
CALLED 3.03 ACRES 20' UTILITY ESMT. 2 PARCELS OUT OF LOT 30
I�� ° m DON PTO, Er ux 12,600 SQUARE FEET HOILDALE AND COFFMAN SUBDIVISION
• gi 6 FV m , TIMOTHY R. HAVUK, ET UX J.E. PERRYOL ANDSE.MG AU94 G.C.M.R.)
2001006670 015-31-0848STIN LEAGUE, A-20
02-09-2001 s3o.00'
ii ei 0 IMO) �]q _ FRIENDSWOOD, GALVESTON COUNTY, TEXAS
`r, "' P I DATE: 05-07-2003 LSC�� 1" - 100'IJOB NO.: 11-784 _
R NN
DWG. 11-7848
FILE R EL)
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
771t1 , Ziqt42 .&. 01S - 97 °= Q849
41
2003 AUG 05 01:36 PM 2003053990
BELK_T $17.00
Mary Ann Daigle !COUNTY CLERK
GALV'ESTON, TEXAS
•
; ��;:��...,: . Ctj o Tttdwood
fir; . a k` :c 4
•
1 l:-` ••r
� H CAPITAL IMPROVEMENT PROJECTS
" 910 South Friendswood Drive
3.1.11aPl FRIENDSWOOD, TEXAS 77546-4856
TEXA 281-996-3203
June 19, 2003
Mr. and Mrs. Venier
2401 John Avenue
Friendswood, TX 77546
Re: Acquisition by the City of Friendswood, Texas (the "City") of a perpetual
easement for purposes of installing a sewer force main line.
Dear Mr. and Mrs. Venier:
This letter is to set forth the terms of the City's acquisition of an easement over
and across property owned by you located at 2401 John 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 payment to you of one thousand six hundred forty five dollars
($1,645.00), 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 a sewer force main 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. At this time, the City plans to install the
water line through sub-surface installation, or boring, for the first two hundred feet (200')
from your northwest property line. 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 force main, 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
beginning in the easement.
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 this -U day of L- o V , 2003
Mr. 'chard Veni
The City of Friendswood, Texas
By:
Ski r Jones,
D=4-Z Mayor .�
�T KIMBALL W.BRIZENDINE
%0IAAi City of Friendswood Councilmembers
" •
s� .�`% i' LAURA EWING
`.. 910JERRY ERICSSON
ik '� South Friendswood Drive�,Y TRACY GOZA
1r Friendswood, Texas 77546-4856 DAVID J.H.SMITH
p `� (281) 996-3270 SHANNON KIMMEL
MEL MEASELES
`r` 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: Richard J. Venier
14 foot utility easement
3,346 sq. ft. out of Lot 4, Blk. 16,
Section 1, Longwood Park 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 # '-4771 in the amount of $17.00 for the above
referenced document.
Please do not hesitate to call if you have any questions.
Sincerel ,
Lin—a Thornton
Assistant City Secretary
Attachments: -5-
SENDER:.COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. S' natun:
item 4 if Restricted Delivery is desired.
-IN Print your name and address on the reverse '"� : c e a Agent
so that we can return the card to you. l ✓ Addressee
• Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date Of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from'item 1? ❑Yes
If YES,enter delivery address below:. 0 No
MARY ANN DAIGLE
GALVESTON COUNTY CLERK
GALVESTON COUNTY COURTHOUSE
P.O. BOX 2450
GALVESTON, TX 77553-2450 3. Service Type
OSICertified Mail 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
D Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
•
I. Article Number
(Transfer from service Gabe° e Q 1 -e D ^ ,2 S/
'S Form 3811,August 2001 Domestic Return Receipt
102595-02-M-1540
U.S. Postal Service
r1 CERTIFIED MAIL RECEIPT
ru (Domestic Marl Only;No Insurance Coverage Provided)
0r °
r l Postage WM
a Q /
Certified Fee111111111111111
Return Receipt Fee Postmark
0 (Endorsement Required)
Here
pp (Endoorsemmented�Requ Feeivery
ru
Total Postage&Fees
4e.
p entTo -- • I ••
N GALVESTON COUNTY COURTHOUSE •,
Street,A t.N
or PO sox No. P.O. BOX 2450
airy,
stets,LP+4 GAL V .—.__—._.
PS Form 3800,April 2002 r TX 77553-2450
See Reverse for Instructions