HomeMy WebLinkAboutRight of Way Easement Deed - 57075 - Austin Consolidated, Inc. • d
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF GALVESTON :
RIGHT-OF-WAY EASEMENT DEED
THAT AUSTIN CONSOLIDATED, INC. , a Texas Corporation,
acting by and through its officers hereunto duly authorized,
(herein called "Grantor") , for and in consideration of the
sum of Ten and No/100 ($10. 00) Dollars and other good and val-
uable consideration to Grantor in hand paid by the Grantee
herein named, the receipt and sufficiency thereof being hereby
acknowledged, has SOLD, GRANTED and CONVEYED, and by these
presents do SELL, GRANT and CONVEY, unto the CITY OF FRIENDSWOOD,
TEXAS , a Texas Home-Rule Municipal Corporation (herein called
"Grantee") , its successors and assigns , a right-of-way and
easement , as hereinafter described, for the purpose of con-
structing, reconstructing, maintaining and repairing of a
drainage channel , canal , dike, ditch or drain on, over and
across and within the boundaries hereinafter described, and for
the purpose above specified, such right-of-way and easement
(herein called the "easement") being on, over and across those
certain strips or parcels of land in Galveston County, Texas ,
and particularly described as follows :
A Sixty (60 ' ) foot wide drainage easement and
right-of-way, on and out of Lot 3 , Block "C" ,
of the Central Park Subdivision, Sarah McKissick
League, Galveston County, Texas , and being more
particularly described by metes and bounds as
follows :
Centerline description: Commencing at the original
West corner of Lot 3 , Block "C" ; THENCE North 45 deg.
00 min. East, along the Northwest line of Lot 3 ,
Block "C" , a distance of 20 . 00 feet ;
THENCE South 45 deg . 00 min. East , parallel to the
Southwest line of Lot 3 , Block "C" and along the
Northeast right of way line of Greenbriar Drive, a
distance of 740 . 36 feet to the place of beginning
of the centerline of a 60 foot wide drainage ease-
s
BOO 26l7 WE PO
ment ;
THENCE from said beginning point along the center-
line of said 60 foot wide drainage easement , North
28 deg. 34 min. 25 sec . East , 249 . 70 feet , North 0
deg. 39 min. 48 sec . West , 177. 07 feet, north 3 deg .
25 min. 23 sec. East, 150. 74 feet , North 7 deg. 55
min. 26 sec. West , 105 . 70 feet , North 37 deg. 11 min.
28 sec. West , 220. 14 feet , North 16 deg. 44 min. 50
sec. West , 139 . 58 feet to the ending point, said
point lying in the Southeasterly right of way line
of Falling Leave Drive as recorded in Volume 2115 ,
page 822 , in the Office of the County Clerk of
Galveston County, Texas .
This instrument is made and accepted subject to the
following provisions , conditions , and reservations :
1 . Grantee shall have the right to enter upon the land
covered by this easement at any time the Grantee deems proper
for the purpose of exercising Grantee' s rights and privileges
hereunder; and, for the purpose of ingress and egress to and
from the easement, to the extent reasonably necessary.
2 . Grantee shall at all times conduct Grantee' s opera-
tions on and with respect to the easement in such manner as not
to create a nuisance or to cause any detrimental affects to the
land covered by this easement.
3 . Grantee shall have the right to remove trees , bushes ,
undergrowth and other obstructions interfering with the loca-
tion, construction, re-construction, maintenance or repair of
the drainage facilities authorized hereunder.
4. Grantor herein excepts from this easement and reserves
for itself, its successors and assigns forever , all oil , gas
and other minerals , if any , in and under the land covered by
this easement , but said Grantor for itself and its successors
and assigns , waives all right of ingress and egress to and from
the surface of the land covered by this easement for the purpose
of drilling, mining, exploring or developing such minerals .
151)(1c2617 VAI 19
5 . This easement is granted to and accepted by Grantee
with the understanding that Grantee will open and construct a
drainage channel , canal , dike, ditch or drain upon and/or across
the hereinabove described easement within a period of fifteen
years (15) from date hereof, and upon Grantee' s failure
to do so within said time shall operate as a reversion of the
above described easement to the Grantor herein, its successors
and assigns . Upon abandonment this instrument shall be declared
null and void and Grantee , at its own expense , shall cause the
surface of the easement to be restored as nearly as practicable
to its original surface condition.
6. This easement is granted to and accepted by Grantee
with the understanding that the land covered thereby is subject
to a valid and existing lien presently held by Bank of North
America of Houston, Harris County, Texas .
TO HAVE AND TO HOLD the easement, together with all and
. singular the rights and appurtenances thereto in any manner
belonging unto Grantee, its successors and assigns , and Grantor
does bind itself, its successors and assigns to warrant and
forever defend all and singular the easement unto Grantee, its
successors and assigns , against every person whomsoever lawfully
claiming, or to claim the same or any part thereof, subject to
the matters herein stated.
Bank of North America, acting by and through its officers
hereunto duly authorized, the beneficial owner and holder of
lien rights affecting the land covered by this grant of easement,
joins in the execution of this instrument to evidence its
agreement, and it does hereby agree , that the existing lien and/or
liens insofar and only insofar as they affect the easement and
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sOOK261'7 ia�
land covered thereby, are hereby subordinated and made inferior
to the rights and privileges granted to Grantee hereunder with
respect to the easement, and that any foreclosure of the existing
lien and/or liens shall be made subject to the easement and shall
not terminate or otherwise impair the rights of Grantee in the
easement.
IN WITNESS WHEREOF, this instrument is executed this 5th
day of August , 1975 .
AUSTIN� CCOONSOLIDATEE/D, _INC.
ATTEST: B ,6 6,,,,e,// 1.„.. i}
77' e /z Grantor
Its Secretary
BANK qg RIC
ATTEST: By: 4
(44.f.4 ,L
itsItskR460 Assitant Cashier
THE STATE OF TEXAS
COUNTY OF Harris
BEFORE ME, the undersigned authority, on this day per-
sonally appeared Samuel H. Vester, Jr.
President of Austin Consolidated, Inc . ,
a corporation, 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 considera-
tion therein expressed, in the capacity therein stated and
as the act and deed of said corporation.
GIVEN UNDER MY HAND and seal of office this the 5th
;' * day of August , 1975 .
j m; wee nun
Notary Public n and for
r P Harris County, Texas
1. 1)
AMv f i17 PAA. 21.
THE STATE OF TEXAS .
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day per-
sonally appeared V. B. Dishongh
President of Bank of North America,
a corporation, 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 considera-
tion therein expressed, in the capacity therein stated and
• as the act and deed of said corporation.
GIVEN UNDER MY HAND and seal of office this the 5th
day of August , 1975 .
Notary Puofic i_h and for
Harris County, Texas