HomeMy WebLinkAboutRight of Way Easement Deed - Vester, Samuel H. Jr. - 914 FALLING LEAF DR THE STATE OF TEXAS .
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF GALVESTON :
RIGHT-OF-WAY EASEMENT DEED
THAT SAMUEL H. VESTER, JR. , (herein called "Grantor")
for and in consideration of the sum of Ten and No/100 ($10. 00)
Dollars and other good and valuable 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 constructing,
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 4, Block "B" and
part of an abandoned 40 foot road, Central Park
Subdivision, Sarah McKissick League, Galveston
County, Texas , and being more particularly des-
cribed as metes and bounds as follows :
Centerline Description: Commencing at the
original South corner of Lot 4, Block "B" , THENCE
North 45 deg. 00 min. East, along the Southeast
line of Lot 4, Block "B", a distance of 20 feet;
THENCE North 45 deg. 00 min. West parallel to
the Southwest line of Lot 4, Block "B" , a distance
of 4. 28 feet to a point for corner in the North-
westerly right of way line of Lot 4, Block "B" ;
THENCE North 47 deg. 09 min. East, along the
Northwesterly right of way line of Falling Leaf
Drive as recorded in Volume 2115 , page 822 , in the
Office of the County Clerk of Galveston County,
Texas , a distance of 631. 07 feet to the place
of Beginning of the centerline of a 60 foot wide
drainage easement;
THENCE from said beginning point along the center
line of a 60 foot wide drainage easement, North
41 deg. 07 min, 24 sec. West, 116. 04 feet , North
71 deg. 45 min. 42 sec. West, 153. 08 feet ; North
45 deg. 09 min. 49 sec. West, 99. 08 feet; North
60 deg. 15 min. 52 sec. West, 78.45 feet, more
or less to the ending point, said point lying
in the centerline of Coward' s Creek.
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 himself, his heirs and assigns forever, all oil , gas
and other minerals , if any, in and under the land covered by
this easement, but said Grantor for himself and his heirs
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.
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, his heirs
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 Clinton R.
Hackney and wife, Genevieve Hackney of Galveston 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 himself, his heirs 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.
Clinton R. Hackney and wife, Genevieve Hackney, the
beneficial owner and holder of lien rights affecting the
land covered by this grant of easement, join in the execution
of this instrument to evidence their agreement , and they do
hereby agree, that the existing lien and/or liens insofar
and only insofar as they affect the easement and 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
(94 , day of , 1975 .
Samuel H. Vester, Jr. ,
Grantor
aidAdalidfiri"
Clinton R. Hackney
Genevieve Hackney
THE STATE OF TEXAS
COUNTY OF GALVESTON :
BEFORE ME, the undersigned authority, on this day per-
sonally appeared SAMUEL H. VESTER, JR. , 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 consideration therein expressed.
GIVEN UNDER MY HAND and seal of office this the 4 .d
day of a1., , 1975 . ,,L
Notary Public in and for
Galveston County, Texas
THE STATE OF TEXAS
COUNTY OF GALVESTON :
BEFORE ME, the undersigned authority, on this day per-
sonally appeared CLINTON R. HACKNEY and wife, GENEVIEVE
HACKNEY, known to me to be the persons whose names are
subscribed to the foregoing instrument and acknowledged
to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN VNDER MY HAND and seal of office this the '2tL,
day of , 1975.
otary.%)i4L)e
1/2 ,0<?-C1 /1) ---
Pu lic in' an and
or
Galveston County, Texas