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Home My WebLink AboutUtility Easement - Conveyed to Clear Woods Improvement District - Weingarten Markets Realty Company • �4.d.QirYr•- !-� fISSi 14 OCT- 2-73 6 3 7 6 <_ ►.► I, , I1ii 4 [3 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS That WEINGARTEN MARKETS REALTY COMPANY, a Texas Corporation , ofrn -•�— Harris County, Texas, hereinafter called "Grantor" , for and in consideration 93 of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable �-') considerations, to it in hand paid by CLEARWOODS IMPROVEMENT DISTRICT, herein----4 after called "Grantee" , HAS GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto said Grantee, an easement or right-of-way for the purpose of opening, constructing and maintaining a permanent under- ground sanitary sewer in, along, upon and across the following described lands situated in Harris County, Texas , to-wit: Being a 10-foot Utility Easement out of Lot 3 and Lot 4 of Block 2 of Sherman Place according to the map as recorded in Volume 69, Page 231 of the Map Records of Harris County, Texas, said Utility Easement being 10 feet wide between two parallel line , said parallel line'; heinq parallel w I Lh , (111 (llll'(1', I L(' ', He',(It or.. ,In of iiln I d I'.I ,inl e I r'( m l cen t.(`1'I in(`, :,0 id 111 -I o(1 l II t. i I i Ly i .e.,'IIU'll l hem' ,1 Lull tIIlu011s strip of land II'olll the IIIllrlt. III 111'ti iiiiln(I III the Pf'l or Ca i'I ''orl{ or'I l lrn . c' I'l een i or I I IIn hf,i ntl morn I,il t l if II i ,I I I I . I II , •I I., lip I Ii l I „ uI I,• I I (, 11 I,uM1 111. I N1, n l Ill, '.,,Il I Iiwt+.. I r.1'I y nl,wi„ Sherman Place. , `.n111 11(1111t dl`,(1 I1e1P1'i the uw51.. II(,r'Lllm'ly corner of Reserve "A" of Wedgewood Village, Section 1 according to the map as recorded in Volume 146, Page 33 of the Map Records of Harris County, Texas ; THENCE S 45° 02' 48" E following along the Southwesterly line of the above said Sherman Place, and the Northeasterly line of the above said Reserve "A" of Wedgewood Village, Section 1 , a distance of 5.00 feet to a point for corner and the PLACE OF BEGINNING of the centerline of the 10-foot Utility Easement herein described; THENCE N 45° 31 ' 23" E a distance of )68.43 feet to a point; THENCE in a Northeasterly direction following along a curve to the left having a radius of 1 ,975.08 feet, a central angle of 14° 24' 21 " , a length of 496.59 feet, a distance of 496.59 feet to a point of tangency; 1 ;11 Nl'.I N ;l''3 31 ' ;'.I" I. .l tII!,L,iiict of 6b.I.8/ IeeL Lu ,l point for corner of the centerline herein described, said point being S 45° 31 ' 23" W a distance of 5.00 feet from the North- westerly corner of Lot 3 of Block 2 of the above said Sherman Place ; THENCE S 44° 46' 24" E a distance of 491 .03 feet to a point for corner of the centerline herein described; THENCE S 45° 31 ' 23" W a distance of 1 ,311 .01 feet to a point for corner, said point being N 45° 02 ' 48" W a distance of 5.00 font frrwi the Mnrthlgn-,tnrly rnr'rier of I nt 1 of �, lnrl 0 Liic above sai6 t;t'IiLei'I ine IIurcin Grantor, its successors , assigns , agents , licensees , and legal representatives, shall have the complete right at any time or from time to time to fully use and enjoy said premises for all purposes not inconsistent with the easement herein granted; and said Grantor, its successors and assigns , expressly retains the right (but this enumeration shall not operate by way of limitation) to hardsurface said property and utilize the same as a parking and driveway area, to construct roads and passageways along, over and across said easement, to extend public utilities or to relocate any other utility easement over and across said property and otherwise use the same. r---� -] By acceptance of this instrument Grantee agrees , with respect to the easements hereby granted as follows : 1 . Grantor and its respective successors and assigns shall have the right to put black topping or similar surfacing over and across said easements and use the surplus of said ground affected for parking area and driveway; 2. Grantee, its successors and assigns, shall replace any surfacing materials removed in the exercise of said easements and restore the surface to its condition immediately prior to such removal ; 3. Grantee, its successors and assigns , shall indemnify and hold Grantor harmless from any loss or liability arising from the exercise of the rights granted hereunder, provided such loss or liability shall not be caused in whole or in part by the negligence of Grantor, its agents, servants or employees ; 4. This conveyance is accepted subject to restrictions , conditions, covenants and other matters of record affecting the property; 5. The easement herein granted is , at Grantor's option , for the use and benefit of all public utilities , not merely the named Grantee herein (its successors and assigns) ; and Grantor, its successors and assigns , shall be authorized to grant one or more other parties, from time to time, the right to use the aforesaid easement for public utility purposes subject to the limitation that the usage by such other party or parties shall not interfere with the usage of the easement being made by Grantee, its successors and assigns (and Grantee, its successors and assigns) , shall have the right to enforce the aforesaid limitation , but Grantor, its successors and assigns shall not be obligated to enforce such limitation. TO HAVE AND TO HOLD the above described easement and its rights unto said Clearwoods Improvement District, its successors and assigns , until said sewer shall be abandoned, together with the rights of ingress and egress to or from said right-of-way for the purpose of constructing, inspecting, repairing, maintaining and removing said sanitary sewers. -2- • ft WITNESS OUR HANDS this,,,'.this,,,' .2T day of . ".,,• '_f - 1973. • :; 'c •. !', WEINGARTEN MARKETS REALTY COMPANY • C LC —_ t' Lam✓ By /.: President Secretary CLEARWOODS IMPROVEMENT DISTRICT �-�--- � , to 542. / o By ;._ _ �, President a ' Secretary RECORDER'S MEMORANDUM: • '�- The additions on this instrument were «--� present at the time instrument was filed r 1 i and recorded. �� / � may,, C THE SATE OF TEXAS { T f'...) COUNTY OF HARRIS •_ti BEFORE ME, the undersigned authority, on this day personally W appeared, , President of Weingarten Markets Realty Company, 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 the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of_; 1973. Notary Public in and for Harris County,;:Texas, ELLA MAE WILLIAMS Notary Public in and for Harris County;•Texas My Commission Expires June 1, 19 THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared, , President of Clearwoods Improve- ment District, known to me to he 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 the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1973. • ,4...4/Z.-cc,.i��;L • Notary Public COUNTY in and for Harris County,, Texas. HARRIS COUNTY.TrXAS 1973 OCT 2 Ni 9 44