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HomeMy WebLinkAboutEasement Deed - R.J. & Mary Agnes James - 222 SHADWELL LN i y . 2295 EASEMENT DEED STATE OF TEXAS n E (- (i KNOW ALL MEN BY THESE PRESENTS: Bp0Kei'1—, F'hf,F�„10 COUNTY OF GALVESTON THAT I , R. J. JAMES joined herein by my wife, MARY AGNES JAMES, for and in consideration of the sum of One ($1 .00) Dollar cash and other good and valuable consideration to me in hand paid by the City of Friendswood, Texas, receipt of which is hereby acknowledged and the further consideration of the benefits to be derived by me on account of the construction and maintenance by the City of Friendswood, Texas of certain sanitary sewer line in and through my certain premises as hereinafter described, do hereby give and grant to the said City of Friendswood, Texas, a municipal corporation of Galveston County, Texas, the right to construct, reconstruct and perpetually maintain a sewer line upon and across the hereinafter described easement out of Lot 13, Block 5 of "Friendswood" in the Sarah McKissick League, Abstract 151 , or J. R. Williams League, Abstract 151 , Galveston County, Texas, as shown on the map thereof recorded in the map records of Galveston County, Texas and being further des- cribed as follows: BEGINNING S. 45° 00' 00" W. 1. 0 feet from a 3/4 inch iron pipe at the most northerly corner of the R. J. James 5. 261 acre tract out of Lots 12 and 13, Block 5, of "Friendswood", said point also being N. 45° 00' 00" E. 230. 0 feet, from the most southerly corner of Lot 16, Block 5, of "Friendswood"; THENCE S. 45° 00' 00" E. parallel to and 1. 0 foot from the northeast line of the R. J. James tract, a distance of 568. 0 feet, more or less, to a point on the northwest right-of-way line of Winding Way (60 feet wide); said point also being 1. 0 feet from the most easterly corner of the R. J. James tract; THENCE S. 45° 00' 00" W. along the northwest right-of-way line of Winding Way, a distance of 20. 0 feet, more or less, to a point; THENCE N. 45° 00' 00" W. parallel and 21. 0 feet at right angles to the north- east line of the R. J. James tract, a distance of 568. 0 feet, more or less, to a point; THENCE N. 45° 00' 00" E. along the northwest line of the R. J. James tract, a distance of 20. 0 feet, more or less, to the Place of Beginning and containing O. 261 acres of land, more or less. TO HAVE AND TO HOLD the same perpetually to the City of Friendswood, Texas and its successors, together with the rights and privileges at any and all times to enter said premises, or any part thereof, for the purpose of constructing, reconstructing and maintaining said sewer line, and for making connections therewith; all upon the conditions that the City of Friendswood, Texas, will , at all times after doing any work in connection with the construc- tion, reconstruction, repair or removal of said sewer line, or any lateral C'D } C` 1 thereof, restore said premises to the condition in which the same were found Lw before such work was undertaken, and that in the use of said rights and privileges herein granted, the City of Friendswood, Texas will not create a c nuisance or do any act which would be detrimental to said premises. As a further condition to the conveyance herein, Grantee, City of Friendswood, agrees that three sewer taps with stacks will be allowed Grantor in this easement without additional charge; that Grantor will be allowed and furnished, without additional charge one stub in the manhole south of Grantor's house in the Tech-Con Sewer Line Contract; that the City of Friendswood or its agents and assigns will immediately remove all debris upon completion of the installation of the said sewer line; that the City agrees to furnish to Grantor a plat showing "as built" location of the sewer line in the above ease- ment and the City hereby agrees to fill any settling below natural level for a period of six (6) months following the completion of the installation of said line. As a further consideration to Grantor it is expressly understood and agreed that the following conditions will be guaranteed by Grantee, in the execution and completion of work in connection with this sewer easement: (1 ) The Grantor, his heirs or assigns shall be protected from any possible legal action either in connection with the actual work being done or otherwise in the life of this easement. All legal fees, court fees or damages applicable to Grantor, shall be borne by the City of Friendswood. (2) Only such area as defined by the easement bounds shall be available to either City of Friendswood or Contractor for the construction or maintenance of this sewer line. (3) No other sewer line shall be laid parallel to the proposed line without the consent of the Grantor. (4) Any maintenance work performed hereunder or in the future shall have all debris removed and excavations filled in same manner as proposed for present line. Notice of repair or maintenance work shall be given to Grantor or assigns within a reasonable time before work commences. Work proposed shall be done with ditching equipment such as back-hoe to eliminate wide type of equipment in order to protect trees and to do their work within the confines of easement area. All trees over ten inches (10" ) in base diameter shall not be destroyed in construction or maintenance operation without consent of Grantor and direction of sewer line shall be adjusted to protect all trees possible. Grantor shall have use of available excess dirt spread within the easement area. Any other excess dirt shall be available to Grantor loaded on to trucks for disposition to other areas within the property of Grantor. jj r E ( i, BOOK2CI 7 WITNESS our hands this the / day of December, 1969. PAC[. `�� R. J. J CITY OF FRIENDSWOOD, TEXAS /11('.2 ate_ , MARY AfNES JrAI By c-Csz)ir- 4e7?-1 Date: /.2-/ 69 THE STATE ofTEXAS : COUNTY ofGALVESTON: Before Me, the undersigned authority, on this day personally appeared R.J. James and wife Mary Agnes James 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 purpose and consideration therein expressed. Given under my hand and seal of office this the/Slay of December 1969 p.��,;' o y u c n an or _ • ` -= Galveston CouRi,Texas. y..,fir'e - . rid_, N J T u a Ly - 4" I . P. AT MOST NORTHERLY . 0. o CORNER OF R. J . JAMES 5. 261 N S ACRE TRACT OUT OF LOTS 12 w i wa & 13. BLOCK 5. _ - o i S 45° 00 '00" E 568 , 0' j 0 a 20 ' SANITARY SEWER EASEMENT o v -- - - — - - N 45°00�00" W 568. 01 — - - - - c,s,zil r N O d O 0 O O • . •� LOT 13 _� . d PARCEL # 6 0. 261 ACRES • WILLIAM C. WALSH CONSULTING ENGINEER FRIENDSWOOD, TEXAS CITY OF FRIENDSWOOD ,SOT 16 !� FRIENDSWOOD, TEXAS SANITARY SEWER EASEMENT IN LOT c • d 13 , BLK. 5, FRIENDSWOOD, IN THE * - SARAH McKISSICK OR J. R. WILLIAMS 1 LOT I LOT 12 W LEAGUE,ABSTRACT 151, GALVESTON COUNTY. TEXAS. o DATE: MARCH 1969 DRAWN BY: MAC - SCALE' I" =50. JOB NO. 115-5-1 © E F. [i BOOK 2077 PAGE 297 FILED FOR RECORD at D o'clock /9 M STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed oll the date JAN l� 1970 and time stamped hereon by me and was duly recetded GERTRUDE McKENNA in the vet and page of the named records of Galveston CLERK GO.CT.GALVESTON COUNTY,TEXAS County,Texas as stamped hereon by me. g0e4i'"' Q,,/, Deputy JAN 7 - 970 �\°N cpuec' COUNTY CLERK,Galveston Calmly,Texas