HomeMy WebLinkAboutDrainage Easement - Anderson, Anthony - 608 SUN CT (2) 2005045210 5 p s
DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GALVESTON §
That I/We, Anthony Anderson (GRANTOR), being owners of the herein described
property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollars
($10.00) cash to me in hand paid by the City of Friendswood, Texas, (GRANTEE) and for
other good and valuable consideration, the receipt of which is hereby acknowledged, do grant,
convey, sell, transfer, release, and forever quit-claim unto the said City of Friendswood, a
municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address
is 910 South Friendswood Drive, Friendswood, Texas 77546, its successors and assigns, a
perpetual drainage easement, described by metes and bounds attached hereto as Exhibit "A" and
made a part hereof for all purposes. This easement is granted for purposes including but not
limited to construction, reconstruction, maintenance, repair, replacement or removal of drainage
structures, subject only to the provisions and conditions herein specified.
GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right
and privilege to enter upon the land covered by the easement, and all premises adjacent to the
outside boundaries of said easement, to the extent necessary and at any time that GRANTEE
deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there-
under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth,
and other obstructions interfering with the location, construction, reconstruction, maintenance,
replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to
and from said easement.
1 40
Page 1 of 1 y 9
It is hereby understood, and by the acceptance of this instrument it is recognized, that
GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said
easement, but expressly waives any and all rights of ingress and egress to the surface thereof for
the purpose of exploration, developing, mining, or drilling for the same; provided, however, that
operations for exploration or recovery of any such minerals shall be permissible so long as all
surface operations in connection therewith are located at a point outside of the above described
easement, and upon the condition that none of such operations shall be conducted so near the
surface of said easement as to interfere with the intended use thereof or in any way interfere
with, jeopardize or endanger the facilities of the City of Friendswood or create a hazard to the
public users thereof.
Additionally, GRANTOR hereby grants, conveys, sells, transfers and confirms unto
GRANTEE, its and their respective successors and assigns, a temporary construction easement
15 feet wide located along and adjacent to the permanent easement described in Exhibit"A" and
attached hereto for GRANTEE'S use in constructing its facilities. The temporary construction
easement shall terminate ninety (90) days after the commencement of the construction and
installation of GRANTEE'S facilities into the permanent easement described herein, but in any
event shall terminate no later than December 30, 2005.
GRANTOR retains right of ingress and egress over and across GRANTEE'S easement
and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be
placed in, on or along said easement. To have and hold perpetually,the above described property
and easement for said purposes, together with all the rights and appurtenances thereto in anywise
belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon
the condition that GRANTEE will at all times, after doing any work in connection with the
construction, reconstruction, repair, replacement or removal of said drainage structures, endeavor
to restore said premises to the condition in which the same were found before such work was
Page 2 of 2
•
undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will
not do any act that will be detrimental to said premises.
Executed this `/ day of A-P r 1 1 , 20
GRANT
Printed Name: iti'n t41 041 !/I-vtr,te.r S o v-
THE STATE OF TEXAS §
§
COUNTY OF G�/v es i°rl §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 7 DAY OF
Arm'( ,A.D.,2004.
---1(-
NOT "!LIC, STATE OF TEXAS
Printed Name:0 ��1 A. S 7, cry].O
0 Phyllis Jo Omo December My Commission Exres: /�/ao/o�
COuuI$uiou:rut:
20,200� GRANTEE
For the g of •' swood
7
K� , •
Mayor Kimball W. Brizendi e
ATTEST: n, oft°
��O
O
* ,. i */,
Deloris McKenzie, TRMC
City Secretary a v?, OF T*''
•
Page 3 of 3
THE STATE OF TEXAS §
COUNTY OF C .l1 v sip h §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
.t m hat.( VW At-,ze<Ad(va_. , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ;64 4= DAY OF
n e,o t ,A.D.,20.a.
k- (Asia
NOTARY PUBLIC, in and for the
MELINDA K.WELSH STATE OF TEXAS
0 NOTARY PUBLIC
STATE OF TEXAS Printed Name: Mel i r.d i K• t,ve,(Sh
My Commission Expires 02-20.2009
My Commission Expires: 2/go ( 2o6 9
AFTER RECORDING RETURN TO:
City of Friendswood
do City Secretary's Office 910 South Friendswood Drive "(I
Friendswood, Texas 77546
Page 4 of 4
EXHIBIT "A"
608 SUN COURT
DRAINAGE EASEMENT DE-7
LOT 48, BLOCK 9, SECTION 3
SUNMEADOW
Twelve and one-half (12.5) feet wide drainage easement located northerly of and adjoining a
portion of the southerly line of Lot 48, Block 9, Section 3, Sunmeadow according to the plat
thereof filed in Plat Record 15, Map No. 38-39 Galveston County Plat Records with said portion
being between east right-of-way line of Sun Court and the rear 16'utility easement containing
1,673 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: 11-793-DE-7 608 Sun Court M&B.doc
10-15-2004
FILED cIND RECRE5
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
/7/ (i)
2005 JUL 06 10:31 AM 2005045210
YOUNG_P $22.00
Mary Ann Daigle COUNTY CLERK
GALVESTON' TEXAS
11-793-DE-7 608 Sun Court M&B.doc
r)4r.V Mayor
y• ` let••• KIMBALL W.BRIZENDINE
,r•.y t j11, City of Friendswood f
am �• : .�`�``•'�''•; Counci]members
' �`�`Ir, `��. LAURA EWING
•
rk . 910 South Friendswood DriveTRAC JOHN LeCOUR
y GO
ZA
Friendswood, Texas 77546-4856 DAVID J.H.SMITH
�,� (281) 996-3270 W.CHRIS PEDEN
'a 1. /c MEL MEASELES
XA Fax: (281) 482-1634
3_.-:='' City Manager
RONALD E.COX
City Secretary
DELORIS McKENZIE,TRMC
July 1, 2005
Mary Ann Daigle
Galveston County Clerk
GALVESTON COUNTY COURTHOUSE
LEAGUE CITY ANNEX
Attn: Pam Young
174 Calder Road, Suite 149
League City, Texas 77573
RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS
Dear Ms. Young:
Enclosed is the following document for recording from the City of Friendswood:
DRAINAGE EASEMENT: Anthony Anderson
608 Sun Court
Drainage Easement DE-7
Lot 48, Block 9, Sect. 3
Sunmeadow Subdivision
Please record this document and return original recorded Utility Easement to:
City of Friendswood
Attn: Deloris McKenzie, City Secretary
910 S. Friendswood Drive,
Friendswood, Texas 77546-4856
Also, enclosed is check#45861 in the amount of $22.00 for the above document.
Please do not hesitate to call if you have any questions.
Sincerely,
,n ,_ K_ v.1-L9- --tS L
Melinda K. Welsh
Deputy City Secretary
Attachments: -5-
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Cy 0g �e�t S 1�t10 0
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°Y H CAPITAL IMPROVEMENT PROJECTS
N.
f.' 910 South Friendswood Drive
',j,� l FRIENDSWOOD, TEXAS 77546-4856
TEXA -, 281-996-3203
February 8, 2005
Mr. Anthony Anderson
608 Sun Court
Friendswood,TX 77546
Dear Mr.Anderson,
In our phone conversation this date you indicated that you believed the City's original offer
would not adequately compensate for a possible loss of resale value to the property. The City's
offer is based upon a property appraisal prepared in December 2004 by Fox and Bubela,Inc. A
fmal settlement between you and the City is more a matter of finding common ground between
your opinion of the property's worth and that of our offer.
The standard procedure for negotiating settlements in these instances is for the property owner to
have a second appraisal of the property prepared by a certified appraiser and to then make that
information available to the City. At that time a negotiation can be held to determine the final
value of the property in question. This can be a somewhat lengthy process and a typical
residential real estate appraisal can cost anywhere from$300 to$500. This process could further
delay the City's efforts to construct the drainage improvements that are so important to your
subdivision.
In an effort to accelerate this process and avoid these possible delays the City is willing to
increase its offer of compensation to you to a total of$3000.00 This offer includes the
compensation for the perpetual easement,the temporary easement,and compensation for the
possible loss of three trees.
Presently there is one other easement on the Council's agenda for the 21g of February. It would
be very convenient to conclude this matter before that date so that the fmal two easements could
be approved at that meeting.
This letter and the previous letter dated December 10,2004(a copy of which is attached)shall
serve as the full and complete agreement between you and the City for the easement and states all
of the"terms and conditions"for the agreement.
Sincerely, Approved and Accepted
.€41- / — 6,44664.4".... dated 3/t/*S
Skipper ones nthonyAnderson,
AOwner
Capital Projects Coordinator 608 Sun Court
City of Friendswood Friendswood.TX 77546
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
IIIComplete items 1,2,and 3.Also complete A. Signs re
item 4 if Restricted Delivery is desired. X 0 Agent
• Print your name and address on the reverse Gvr/ f. / 0 Addressee
so that we can return the card to you. :• Received•y(Printe> Name) 6 7 f Delivery
III Attach this card to the back of the mailpiece, r /
or on the front if space permits. N. 411. i ' . ��
j D. 74111 % address different"re item 1? 0 Yes
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1. Article Addressed to: If Y -4= ter delivery address below: 0 No
:
Mary Ann Daigle .
Galveston County Clerk •• 641
GALV. COUNTY COURTHOUSE •
LEAGUE CITY ANNEX
Attn: Pam Young
Service
174 Calder Road, Suite 149 �q N/Certified Mail
Certified Mail CI Express Mail
League City, TX 77573 XRegistered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7003 1010 0001 9098 3909
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service,.
o CERTIFIED MAIL, RECEIPT
D, (Domestic Mail Only;No Insurance Coverage Provided)
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For delivery information visit our website at www.usps.corn
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Postage $ .83
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CI Certified Fee
CI
O Return Reciept Fee Poser
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(Endorsement Required) Here
D Restricted Delivery Fee
r—1 (Endorsement Required)
CI
Total Postage 8 Fees 4.88 '' /
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CI Mary Ann Daigle/Galva County Courthouse
f_ S`tree4 Ape No.; _.--_
ore&*No• 174 Calder. Rd ""
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League city, TX 77573
PS Form 3800.June 2002
See Reverse for Instrucnons