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HomeMy WebLinkAboutDrainage Easement-Non-Exclusive - FISD - 702 GREENBRIAR DR _ R 2i3 uuf - Du - I z58 pC3:1877sten.56 • NON-EXCLUSIVE DRAINAGE EASEMENT THE STATE OF TEXAS 0 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 0 THAT, FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT (herein called "Grantor" ) , for TEN AND NO/l00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby GRANT to the City of Friendswood, Texas whose mailing address is 109 Willowick, Friendswood, Texas 77546 (herein called "Grantee" ) , a perpetual nonexclusive easement over the tract of land situated in Galveston County, Texas described in Exhibits "A" and "B" , attached hereto (the "Easement Tract" ) for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing drainage channels, ditches, culverts, or other drainage improvements and related appurtenances. Grantee, its successors and assigns, shall have all such other rights and benefits necessary or appropriate for the full enjoyment or use of the easement herein granted, including, but without limiting the same to, the right of ingress and egress to and from the Easement Tract over and across lands of Grantor which are contiguous to the Easement Tract. Grantor and its successors and assigns shall have the right to use and enjoy the Easement Tract for all purposes ( including the granting of other easements) which do not unreasonably interfere with the use thereof by Grantee for the purposes for which this . uu (- 50- 1239 PC3:18778t4fl.56 easement is granted. Grantor on behalf of itself, its successors and assigns, however, agrees not to erect within the Easement Tract any buildings, fences, barriers, shrubs, trees or other plants other than grass, changes of grade or any other above ground facility which would have the effect of impeding the flow of water across the Easement Tract. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns, for the purposes mentioned above, forever or so long as any drainage facilities are operated in the Easement Tract, and Grantor hereby binds itself and its successors to warrant. and forever defend all and singular such easement rights unto Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part hereof, subject to any and all matters affecting the Easement Tract of record in the Office of the County Clerk of Galveston County, Texas. IN WITNESS WHEREOF, this instrument is executed this 18th day of April , 1991. FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT XelL511..../.1/// By: Its: 472.11- • 2 ;. ]877etan. O 0 � _ � O _ � � � 0 56 THE STATE OF TEXAS ) COUNTY OF GALVELSTON ) This instrument was acknowledged before me on April 18 1991 by Ted. L. Thomas Superintendent on behalf of Friendswood Independent School D ' strict. (SEAL ) ;•'�, •MF�9 � Public in and for the ,*p��PY 1;�� -Mate of TEXAS ' / y • _ Jane B. rears �l4,F OF If I Name Printed or Typed • • E s : My commission expires: 1-27-93 3 oon1.7507 1241 • EXHIBIT "A" FIELD NOTES ON A 20 FT. WIDE DRAINAGE EASEMENT, Being Out of the Friendswood Independent School. District 41.558 Acre Tract, and Being Out of Lots 3 & 4, Block "H", Central Park Subdivision, Sarah McKissick Survey, Abstract 151, Galveston County, Texas, and Being More Particularly Described by Metes & Bounds as Follows: COMMENCING at the East corner of the Robert Hoppel Survey, Abstract 83, alnn being the North corner of the A. H. Jackson Survey, Abstract 128, Galveston County, Texas; Thence N. 43° 39' 26" W., along the northeast line of the Robert Hoppel Survey, and the southwest tine of Central Park Subdivision, a distance of 600.24 feet to an iron rod in concrete in the northwest line of Wilderness Trails, Section One, as recorded in Vol. 15, Page 119 of the map records of Galveston County, Texas; Thence continuing N. 43° 39' 26" W. , a distance of 59.69 feet to the southeast line of a previous 40 foot dedicated road, now being the southeast line of the Friendswood Independent School District Tract; Thence N. 46° 20' 34" E. , a distance of 10.0 feet to the PLACE OF BEGINNING of this Easement center line description; THENCE N. 43° 39' 26" W. , along said center line parallel to and 10.0 feet from the southwest line of the Friendswood Independent School District Tract, a dis- tance of 40.0 feet to an angle point; THENCE N. 43" 47' 46" W. , along said center line parallel to and 10.0 feet from the southwest line of the Friendswood Independent School District Tract, a dis— tance of 452.33 feet to the southeast line of the City of Friendswood Water Plant # 5 site; THENCE N. 43° 47' 46" W. (through City of Friendswood property to the other side of the Water Plant site) a distance of 250.00 feet to the second section of this 20 foot wide drainage easement out of the Friendswood Independent School District Tract; THENCE continuing N. 43° 47' 46" W. , a distance of 366.2 feet to the northwest line of Colt Drive and the northwest line of the Friendswood Independent School District Tract described previously, and the end of this 20.0 foot drainage ease— ment center line description. Prepared & Certified By: COENCO, Inc. \. Consulting Engineers '6 Y,s� � \ By: rti.A..E a,.. a ' 1 ( Malcolm A. Collins, Registered Professional Land Surveyor Date: 11 February 1991 > 1F ::7;:;�...�`�� 5',, { .. • UQ7- 0- 124 ? EXHIBIT " B " • • • COLT DIVE 13 I- ' • I. PROPOSED EASEMENT II 24 I z I o U z `� Li °:- - • o FOOTBALL AND tRACK FIELD 25 P g t Q N O t5 Q � O 36 Q V) c\-\(t:.P\/ Li z W I c)\ tol d- o Z F\(() 62 I �OP�� 'COENCO INC. wavm Y.A.G Mr 0.0l • CENTER LINE OF PROPOSED ' W.A. Al-aOFA owe rn �ra�r 63 EASEMENT ! a.e. 1J-010 ma 1 r I --- T—20.0' PROPOSED EASEMENT _ —_ 1 OLD 40' ROAD R.O.W. LOT 64 .--'''''------ SOUTHEAST LINE OF FRIF.NDSWOOD INDEPENDENT SCHOOL DISTRICT 41.558 ACRE TRACT + 40' ROADWAY - SOUTHWEST LINE OF CENTRAL PARK SUE V1SION �v �. ..•.•. ,_ter , , • , , 0 0 7 - 5:0 7 l•1 4 • -. , --, •: c. ,,.. 4:1 Al E OF 1 EXAS COUNTY OF GALVESTON I hereby certify that this instrument was flied on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on,,\:77.;,,, APR 23 1991 iscvor, . 0:1 . ,t, ,, cii rl'S,-,"- ia• ' . COUNTY CLERK . t----- ' GALVESTON CO..TEXAS il CITY OF FRIYIDSWOOD Attn:City Secretary 109 Willa/Mc Friendswood,Texas 77546-3898