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HomeMy WebLinkAboutNo Address - Easement - Sewer Line - Holmes, Harry Jr., Holmes, John B., Holmes, Thomas J. 53 Ft C F U ana 3235 EASEMENT A THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON THAT WE , HARRY HOLMES , JR . , JOHN B . HOLMES , and THOMAS J . HOLMES , hereinafter called "Grantors , " for and in consideration of the sum of $5 ,763 . 00 to us in hand paid by the CITY OF FRIENDSWOOD , a duly and legally chartered municipal corporation of the County of Galveston , State of Texas , hereinafter called "Grantee , " the receipt and sufficiency of which is hereby acknowledged , have GRANTED, SOLD , and CONVEYED , and by these presents do GRANTS , SELL , and CONVEY unto the said Grantee , its successors and assigns and legal representatives , a perpetual . easement and right of way for the purpose of maintaining , constructing , reconstructing , repairing , relocating , and removing a sewer line and related facilities over , under and through the following described property situated in Galveston County , Texas : Being a tract or parcel containing 0 . 1871 acre (8150 square feet ) of land in the John Dickinson League , Abstract 15 , Harris County , Texas and being located in a 50-acre tract designated as Tract Number 1 in an instrument of record in Volume 264 , Page 548 of the Harris County Deed' Records , and being more particularly described as follows : COMMENCING for reference at a 5/8- inch rod in the common Northwesterly line of the aformentioned 50-acre tract and Southeasterly line of a 20 . 2798 acre tract as recorded in Film Code Number 146-17-1846 of the Harris County Official Public Records of Real Property ; THENCE , North 43° 26 ' 10" East (called North 41 °37 ' 46" East in the description of the aforementioned 20 . 2798 acre tract) , 3 . 38 Feet along said common line to the PLACE OF BEGINNING ; THENCE , North 43° 26 ' 10" East , 20 . 57 feet along said common line to a point; THENCE , South 03° 23 ' 55" East , 347 . 18 feet to a point ; THENCE , North 63° 54 ' 25" East , 45 . 59 feet to a point ; THENCE , South 26° 05 ' 35" East, 30 . 00 feet to a point ; THENCE , South 63° 54 ' 25" West , 100 . 00 feet to a point in a meander line of Clear Creek ; THENCE , North 26° 05 ' 35 " West , 30 . 00 Feet along said meander line to a point ; THENCE , North 63° 54 ' 25" East , 38 . 14 feet to a point ; THENCE , North 03° 23 ' 55" West , 339 . 38 feet to the PLACE OF BEGINNING and containing 0 . 1871 acre (8150 square feet) of land . finox 3235 PAGE 482 There is further conveyed a temporary construction easement for the period of one year from the date construction commences on such tract or upon completion of the construction and installation of the facili - ties contemplated by this grant within the permanent right of way granted hereby , whichever first occurs . Such temporary construction easement being more particulary described as follows : Being a tract or parcel containing 0 . 3892 acre ( 16 , 954 square feet ) of land in the John Dickinson League , Abstract 15 , Harris County , Texas and being located in a 50 acre tract designated as Tract Number 1 in an instrument of record in Volume 264 , Page 548 of the Harris County Deed Records , and being more particularly described as follows ; BEGINNING at a 5/8" iron rod in the common Northwesterly line of the aforementioned 50 acre tract and Southeasterly line of 20 . 2798 acre tract as recorded in Film Code Number 146-17-1846 of the Harris County Official Public Records of Real Property ; THENCE , North 43 ° 26 ' 10 " East ( called North 41 ° 37 ' 46" East in the description of the aforementioned 20 . 2798 acre tract ) , 3 . 38 feet along said common line to a point ; THENCE , South 03° 23 ' 55 " East , 339 . 38 feet to a point ; THENCE , South 63 ° 54 ' 25 " West , 38 . 14 feet to a point in a meander line of Clear Creek ; THENCE , South 26° 05 ' 35 " East , 30 . 00 feet along said meander line to a point ; THENCE , North 63 ° 54 ' 25 " East , 100 . 00 feet to a point ; THENCE , North 26° 05 ' 35 " West , 30 . 00 feet to a point ; THENCE , South 63 ° 54 ' 25 " West , 45 . 59 feet to a point ; THENCE , North 03 ° 23 ' 55 " West , 37 . 94 feet to a point ; THENCE , North 63 ° 54 ' 25 " East , 30 . 96 feet to a point ; THENCE , South 26° 05 ' 35 " East , 100 . 00 feet to a point ; THENCE , South 63 ° 54 ' 25 " West , 100 . 00 feet a point in a meander line of Clear Creek ; THENCE , North 63 ° 54 ' 25 " East , 14 . 83 feet to a point ; THENCE , North 03° 23 ' 55 " West , 283 . 26 feet to a point in the aforemen - tioned common line of the 50 acre and 20 . 2798 acre tracts ; THENCE , North 43 ° 26 ' 10 " East , 44 . 60 feet along said common line of the PLACE OF BEGINNING and containing 0 . 3892 acre ( 16 ,954 square feet) of land . ' ' t t U BMA(:3235 PALE 4s:3 TO HAVE AND TO HOLD , subject to the limitations set forth below , the above described easement and right of way , together with all and singular the rights and appurtenances thereto in any wise belonging , including all necessary rights of ingress , egress , and regress , unto the said Grantee , its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular , the said easement and rights unto the said Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof . The Grantee may do and perform all acts necessary to construct , reconstruct , repair , relocate , remove or maintain a sewer line on said easement and right of way and operate thereon all necessary machinery and equipment to efficiently prosecute the work . The conveyance of the above described easement and right of way is subject to the following conditions : In the event the City of Friendswood or any of its sucessors or assigns uses the above described easement and right of way for any purpose other than the construction and maintenance of and use for sanitary sewer purposes , such easement and right of way shall revert back to Grantors or their heirs , executors , or administrators . In witness whereof , this instrument is executed this 20th day of February , 19 80 . 7/ � VP/i(77;ee,,''; is i' #. 7 . Hi OLME , JR. JO N B . HOLM Fez HOMAS J . &IMES BOOK 3235 PACE 44 THE STATE OF TEXAS COUNTY OF GALVESTON Before me , the undersigned authority , on this day personally appeared HARRY HOLMES , JR . , JOHN B . HOLMES , and THOMAS J . HOLMES , known to me to be the persons whose names were subscribed to the foregoing instrument , and acknowledged to me that they executed the same for the purposes and consideration therein expressed . Given under my hand and seal of office on this the day of , , 1 9 .s C 4a. 7-') (.1/ Notary Public In and For v Galveston County , Texas e a • / f^••.........•;C. L. H • • PEED BnOX 3235 F 4 5 STATE or TEXAS I hereby certify COUNTY OF GAIVg$ta tole date and time hereby edcar hereon by um moment was h�ea and d* in the volume and page of the named tee tiros duly reeZse County. Texas as stamped hemgpn by me scads pt Galrlo t�.. � APR 10 1980 �''�• coon ta► , rem r~n cf CD 1-6 r. c C7 CITY OF FRIENDSWOOD ATTN: BOBBIE C. HENRY CITY SECRETARY 109 WILLOWICK FRIENDSWOOD,TEXAS 77648