HomeMy WebLinkAboutUtility Easement & Temporary Construction Easement - Republic National Bank of Dallas • \
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245678
HEED
BOOK 326 1 PAGE 628
EASEMENT
STATE OF TEXAS X KNOW ALL MEN BY
X
COUNTY OF GALVESTON I THESE PRESENTS:
THAT WE, Republic National Bank of Dallas, Trustee of the John L. Jones
Trust; Erin Bain Jones Trusts FBO Barbara Paschall and Otis Gary; and as
Independent Executor of the Estate of Sue Bain Groves
hereinafter called "Grantor", for and in consideration for the sum of
ONE THOUSAND ONE HUNDRED DOLLARS ($1 , 100.00) to us in hand paid by
the City of Friendswood, a duly and legally chartered municipal corp-
oration of the County of Galveston, State of Texas, hereinafter called
"Grantee", the receipt and sufficiency of which is hereby acknowledged,
have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL,
and CONVEY unto the said Grantee, its successors and assigns and legal
representatives, a perpetual easement and right of way for the purpose
of maintaining, constructing, reconstructing, repairing, relocating,
and removing a sewer line and related facilities over the above described
property situated in Galveston County, Texas:
Being a 15 foot wide utility easement over and across lot 39 of
the Coffman and Hoidale subdivision of a part of the Perry and
Austin League, Abstract 20, Galveston County, Texas, as appears
of record in Map Book No. 215 at Page 394 of the records of
Galveston County, and being more particularly described as follows:
Beginning at the southerly corner of lot 39 of the said Coffman
and Hoidale subdivision, being the common corner of lots 21 , 22,
39 and 40, as appears of record in the said Coffman and Hoidale
subdivision;
THENCE N 45° 00 ' W 15.00' with the common line of lot 39 and
lot 22 of the said Coffman and Hoidale subdivision;
THENCE N 45° 00' E 640.00' to a point in the northeasterly line
of lot 39 and southwesterly line of a40' right-of-way, as appears
of record in the said Coffman and Hoidale subdivision;
THENCE S 45° 00' E 15.0' with the northeasterly line of lot 39
and southwesterly line of a 40' right-of-way, as appears of record
in the said Coffman and Hoidale subdivision;
THENCE S 45° 00' W 640.00' with an existing barbed wire fence
along the common line of lot 39 and lot 40 of the said Coffman
and Hoidale. subdivision to the place of beginning and containing
0.220 acres of land more or less.
There is further conveyed a temporary construction easement for the
period of one year from the date of the execution of this easement
or upon completion of the construction and installation of the facilities
1 Y
$
[UE.. ED
BOOK 3267 PAGE 629
contemplated by this grant within the permanent right of way granted
hereby, whichever first occurs. Such temporary construction easement
being more particularly described as follows:
Being a 30 foot wide temporary construction easement adjoining
the above described utility easement to the northwest, and lying
over and across lot 39 of the Coffman and Hoidale Subdivision, a
part of the Perry and Austin League, Abstract 20, Galveston County,
Texas, as appears of record in Map Book No. 215 at Page 394 of the
records of Galveston County, and being more particularly described
as follows :
Beginning at a point in the southwesterly line of lot 39 and north-
easterly line of lot 22, as appears of record in the said Coffman
and Hoidale subdivision, said point lying N 450 00' W 15.0 from the
southerly corner of lot 39 of the said Coffman and Hoidale sub-
division;
THENCE N 45°00' W 30.0' with the common line of lot 39 and Tot 22
of the said Coffman and Hoidale subdivision;
THENCE N 45000' E 640.00' to a point in the northeasterly line of
lot 39 and southwesterly line of a 40' right-of-way as appears of
record in the said Coffman and Hoidale subdivision;
THENCE S 45°00' E 30.00' with the northeasterly line of lot 39
and southwesterly line of a 40' right-of-way, as appears of record
in the said Coffman and Hoidale subdivision;
THENCE S 45°00' W 640.00' with the northwesterly line of the
above described utility easement to the place of beginning and
containing 0.441 acres of land more or less.
TO HAVE AND TO HOLD the above described easement and right of way,
together with all and singular the rights and appurtenances thereto in
any wise belonging, including all necessary rights of ingress, egress ,
and regress, unto the said Grantee, its successors and assigns , forever.
And Grantors do hereby bind themselves, their heirs, executors and
administrators, to warrant and forever defend, all and singular, the
said easement and rights unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same of any part thereof by, through, or under Grantor, but
no further.
The Grantee may do and perform all acts necessary to construct,
reconstruct, repdir, relocate, remove or maintain a sewer line on said
easement and right of way and operate thereon all necessary machinery
and equipment to efficiently prosecute the work.
-2-
1
PEED•
BOOK 326 1 PACE 630
That the Grantors may construct and pave improvements, except
buildings, on the easement so long as such construction or paving is in
accordance with the then existing ordinances, policies, rules and
regulations of the City of Friendswood.
That the sanitary sewer will be buried beneath the surface of the
land conveyed herein, so that the top of the sewer pipe shall never
be less than two feet beneath the surface after same is compacted
and restored to its present elevation.
Grantors reserve and retain for themselves, their heirs, successors,
assigns and lessees , all of the oil , gas, sulphur, sand, gravel , and
other minerals of every kind and character, similar or dissimilar to
those named, and whether now known, or hereafter found to exist on,
in or over the lands covered by this easement, with the full and free
right of ingress and egress , for the purpose of mining, removing, and
transporting the same, or any part thereof. This agreement is made
subject to any and all existing agreements covering described land,
including but not limited to oil , gas and mineral leases.
Republic National Bank of Dallas is acting only in the representa-
tive capacity shown hereinbelow and not for its own account and have
executed this right-of-way easement on the condition that it shall have
no liability in an individual capacity for any agreement, warranty, or
indemnity herein contained.
In witness whereof, this instrument is executed this 30 rp/
day of \-1vAE , 1978.
Republic National Bank of Dallas, Trustee of the
John L. Jones Trust; Erin Bain Jones Trusts FBO
Barbara Paschall and Otis Gary; and as
Independent Executor of the Estate of Sue Bain
Groves
ames K. S edley, Assis t Vice President
and Trust Officer
-3-
•
• • • A' •
CORPORATE ACKNOWLEDGMENT C. E D
THE STATE OF TEXAS BOCK 32"7 PAGE 631
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for said County
and State, on this day personally appeared James K. Smedley, Assistant
Vice President of Republic National Bank of Dallas, known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of said Republic
National Bank of Dallas a corporation, and that he executed the same as.
the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this' 0�1/1 day of
Lt v� , A.D. 19
J cA
Notary Public in and for
Dallas County, Texas ,j"
JANA S.D BERNARD
Notary Public, Dallas County, Texas
My Commission Expirgs 6-30-78
'. 4 b
•
•
fl - E D
eno 3267 PAGE 632
STATE OF TES
COWIN Or Bathe te and trine stamped �re that this instrument 1
d volume b
y me and was County Texas as stamped herepage of on bnamed records p(l abed
tvCpG resSea
��" q JUL 31 1980couNtr COONAt" P •
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Galveston ount,
y TexasCO a
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ro
oPth
qYY OF FRIENDSWOOD
ATTN:BOBBIE C. HENRY
CITY SECRETARY j)
OD
109 WILLOWICK
TEXAS
FRIENi7SWOOD, 7754
•; ,1 • •
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E E
BnAK 326.7 PAGE 623
EASEMENT
STATE OF TEXAS X KNOW ALL MEN BY
X
COUNTY OF GALVESTON X THESE PRESENTS:
THAT WE, Republic National Bank of Dallas, Trustee of the John L.
Jones Trust; Erin Bain Jones Trusts FBO Barbara Paschall and Otis Gary;
and as Independent Executor of the Estate of Sue Bain Groves
hereinafter called "Grantor", for and in consideration of the sum of
ONE THOUSAND SIXTY FIVE DOLLARS ($1,065.00) to us in hand paie, by the •
City of Friendswood, a duly and legally chartered municipal corporation
of the County of Galveston, State of Texas, hereinafter called "Grantee",
the receipt and sufficiency of which is hereby acknowledged, have
GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and
CONVEY unto the said Grantee, its successors and assigns and legal
representatives, a perpetual easement and right of way for the purpose
of maintaining, constructing, reconstructing, repairing, relocating,
and removing a sewer line and related facilities over the above described
property situated in Galveston County, Texas:
Being a 15 foot wide utility easement over and across lot 22 of
the Coffman and Hoidale subdivision, a part of the Perry and
Austin League, Abstract 20, Galveston County, Texas, as appears
of record in Map Book No. 215 at Page 394 of the records of
Galveston County, and being more particularly described as follows:
Beginning at the easterly corner of lot 22 of the said Coffman and
Hoidale subdivision, being also the common corner of lots 21, 22,
39 and 40, as appears of record in the said Coffman and Hoidale
subdivision;
THENCE S 45° 00' W 620.00' with an existing barbed wire fence
along the common line of lot 22 and lot 21 of the said Coffman
and Hoidale subdivision;
THENCE N 45° 00' W 15.00' with the northeasterly line of the
60' right of way of Melcdy Lane;
THENCE N 45° 00' E 620.00' to a point in the northeasterly line
of lot 22 southwesterly line of lot 39, as appears of record
in the said Coffman and Hoidale subdivision;
THENCE S 45° 00' E 15.0' with the northeasterly line of lot 22
and southwesterly line of lot 39, as appears of record in the said
Coffman and Hoidale subdivision to the place of beginning and
containing 0.213 acres of land more or less.
U F E
BOOK 326.7 PAGE 624
There is further conveyed a temporary construction easement for the
period of one year from the date of the execution of this easement or
upon completion of the construction and installation of the facilities
contemplated by this grant within the permanent right of way granted
hereby, whichever first occurs. Such temporary construction easement
being more particularly described as follows:
Being a 30 foot wide temporary construction easement adjoining
the above described utility easement to the northwest, and lying
over and across lot 22 of the Coffman and Hoidale subdivision, a
part of the Perry and Austin League, Abstract 20, Galveston
County, Texas, as appears of record in Map Book No. 215 at Page 394
of the records of Galveston County, Texas, and being more particu.--
larly described as follows:
Beginning at a point in the northeasterly line of lot 22 and
southwesterly line of lot 39, as appears of record in the said
Coffman and Hoidale subdivision, said point lying N 45° 00' W
15.0' from the easterly corner of lot 22 of the said Coffman
and Hoidale subdivision;
THENCE S 45° 00' W 620.00' with the northwesterly line of the
above described utility easement to a point in the northeasterly
line of the 60' right of way of Melody Lane;
THENCE N 45° 00' W 30.0' with the 60' right of way of Melody
Lane;
THENCE N 45° 00' E 620.00' to a point in the northeasterly
line of lot 22 and southwesterly line of lot 39, as appears of
record in the said Coffman and Hoidale subdivision;
THENCE S 45° 00' E 30.00' with the northeasterly line of
lot 22 and southwesterly line of lot 39, as appears of record
in the said Coffman and Hoidale subdivision to the place of
beginning and containing 0.427 acres of land more or less.
TO HAVE AND TO HOLD the above described easement and right of
way, together with all and singular the rights and apprutenances
thereto in any wise belonging, including all necessary rights of
ingress, egress, and regress, unto the said Grantee, its successors
and assigns, forever. And Grantors do hereby bind themselves, their
heirs, executors and administrators, to warrant and forever defend,
all and singular, the said easement and rights unto the said Grantee,
its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or
under Grantor, but no further.
-2-
DEED " '
BnoK 326 I PAGE 625
The Grantee may do and perform all acts necessary to construct,
reconstruct, repair, relocate, remove or maintain a sewer line on
said easement and right of way and operate thereon all necessary
machinery and equipment to efficiently prosecute the work. •
That the Grantors may construct and pave improvements, except
buildings, on the easement so long as such construction or paving is
in accordance with the then existing ordinances, policies, rules and
regulations of the City of Friendswood. .
That the sanitary sewer will be buried beneath the surface of the
land conveyed herein, so that the top of the sewer pipe shall never
be less than two feet beneath the surface after same is compacted and
restored to its present elevation.
Grantors reserve and retain for themselves, their heirs, successors,
assigns and lessees, all of the oil, gas, sulphur, sand, gravel, and
other minerals of every kind and character, similar or dissimilar to
those named, and whether now know, or hereafter found to exist on, in
or over the lands covered by this easement, with the full and free
right of ingress and egress, for the purpose of mining, removing, and
transporting the same, or any part thereof. This agreement is made
subject to any and all existing agreements covering described land,
including but not limited to oil, gas and mineral leases.
Republic National Bank of Dallas is acting only in the representa-
tive capacity shown hereinbelow and not for its own account and have
executed this right-of-way easement on the condition that it shall have
no liability in an individual capacity for any agreement, warranty, or
indemnity herein contained.
In witness whereof, this instrument is executed this 3Q ne
day of Jun/Ar , 1978.
Republic National Bank of Dallas, Trustee of
the John L. Jones Trust; Erin Bain Jones Trusts
FBO Barbara Paschall and Otis Gary; and as
Independent Executor of the Estate of Sue Bain
Groves
B .
J es K. Smed ey, Assistant V' President
and Trust Officer
-3-
•
•� �► • • ,
PEED
E
BOOK 3267 PAGE 626
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS X
X
COUNTY OF DALLAS X
BEFORE ME, the undersigned, a Notary Public in and for said County
.and State, on this day personally appeared James K. Smedley, Assistant
Vice President of Republic National Bank of Dallas known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of said Republic
National Bank of Dallas, a corporation, and that he executed the same as
the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ()Q+h day of
, 191
Cvt
Notary Public in and for
Dallas County, Texas
JANA S. BERNARD
Notary Public, Dallas County, Texas
My Commission Expires 6-30-78
4-
[.' E D "
BOOK 326 1 PAGE f)2 7
STATE OF TEXAS
herebyCOUNTY oerhfj that Mrsts OF ]
date ana t,me
in she stamped hereon by me and was ~1~
volume and pagstamped of hereon
named r af Gi
County. Texas as the eCards
eon by me ���
`a►7.- .' JUL 1 1gR0
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C011N , Galveston
ounty. Texas <-,ti
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CRY OF FRIENDSWOOD
ATTN:BOBBIE C.HENRY
CITY SECRETARY
109 WILLOWICK
FRIENDSWOOD,TEXAS 77548