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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- 4( Cy 0g �e�t S 1�t10 0 :.7. V b:.� Al: "` ,,. °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 inA 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) m For delivery information visit our website at www.usps.corn tr ' Er Postage $ .83 r-9 CI Certified Fee CI O Return Reciept Fee Poser ark (Endorsement Required) Here D Restricted Delivery Fee r—1 (Endorsement Required) CI Total Postage 8 Fees 4.88 '' / O =ntTo CI Mary Ann Daigle/Galva County Courthouse f_ S`tree4 Ape No.; _.--_ ore&*No• 174 Calder. Rd "" cr-:Sleie ziR« ------------------- ---------Suit 14 9 League city, TX 77573 PS Form 3800.June 2002 See Reverse for Instrucnons