The URL can be used to link to this page

Home My WebLink AboutNo Address - Sanitary Sewer Easement - George A. Bofysil, Jr 9316397. 008- 85- 2447 EASEMENT SOUTH FRIENDSWOOD SEWER LINE 1992 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT I, GEORGE A. BOFYSIL, JR. , hereinafter called "Grantor, " for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, to me in hand paid 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, an exclusive, perpetual easement for sanitary sewer purposes, including the right to construct, operate, maintain, inspect, replace, and remove sanitary sewer facilities, along, across, over, and under the following described property situated in Galveston County, Texas: Being a 0. 5611 acre tract of land, more or less, out of a called 150. 226 acre tract conveyed to George A. Bofysil, Jr. , by deed dated March 1, 1984 , as recorded in Galveston County Clerk's File No. 8411853 , and being out of Lot 20 of the David Fahey Subdivision, as recorded in Volume 188, Page 417 in the Office of the County Clerk of Galveston County, also being situated in the Mary Fabreau Survey, Abstract No. 69 , Galveston County, Texas, which tract of land is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. FWD\BOFYSIL.EMT\042393 008- 85- 2448 There is further conveyed a thirty foot (30' ) wide temporary construction easement which shall expire (a) one (1) year from the date construction commences on such permanent easement, (b) upon completion of the construction and installation of the facilities within such permanent easement, or (c) on January 30, 1995, whichever first occurs. Such temporary construction easement is more particularly described by metes and bounds in Exhibit "B" attached hereto and incorporated herein by this reference for all purposes. TO HAVE AND TO HOLD, subject to the limitations set forth below, the above-described easement, 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 and legal representatives, forever. And Grantor does hereby bind himself, his 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 and legal representatives, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, remove, or maintain sanitary sewer facilities on said permanent easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. Notwithstanding any other provision contained herein to the contrary, the easement granted hereby is subject to the following: FWD\BOFYSIL.EMT\042393 -2- • . . 008- 85- 2449 1. Grantor reserves the right to cross the permanent easement granted hereby with such concrete streets and utility facilities as may be constructed by Grantor or any other person or entity in connection with development of the property adjacent to said easement or in connection with the development of any adjoining tract. 2 . Grantor reserves the right to use the surface of the easement granted hereby for agricultural or any other purpose or purposes as long as such use does not interfere with Grantee's use thereof for sanitary sewer purposes. 3 . Grantee agrees to provide, upon receipt of applicable impact fees, adequate potable water and sanitary sewage treatment capacity necessary for the development of that portion of a certain 550 acre tract of land, more or less, located within the City of Friendswood, Texas, out of the Mary Fabreau Survey, and also in the G. W. Patterson Survey and the O'Donnell Survey, presently owned by George A. Bofysil, Jr. Such right to acquire capacity in the Grantee's potable water and sanitary sewer system for the development of such portions of said approximately 550 acre tract of land located within the City of Friendswood, Texas, shall extend to George A. Bofysil, Jr. , his heirs, executors, successors, and assigns indefinitely. 4 . If the sanitary sewer facilities contemplated by Grantee to be placed in the above-described easement are not in place by January 30, 1995, this easement shall be null and void and said easement rights shall revert to George A. Bofysil, Jr. , or his heirs, executors, successors, or assigns, as applicable. FWD\BOFYSIL.EMT\042393 -3- . . 008- 85 - 2450 5. To the extent permitted by law, Grantee agrees to indemnify and save Grantor harmless from any and all claims, causes of action, or damages arising out of, or occasioned by, the acts or omissions of Grantee or its officers, agents, or employees resulting from or related to the construction, maintenance, or repair of facilities in or upon the easement grated hereby. IN WITNESS WHEREOF, this instrument is executed this day 02-4 of 44)PL, I , 1993 . GE RGE A lOFYS L, JR. rii.di ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared GEORGE A. BOFYSIL, 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 on this the � 7d� day of 4°:(-1 , 1993 . _,C_G!/ Notary Publi n and For the State of Texas My Commission Expires: r 4? 9.� 0777400000000004*000 FWD\BOFYSIL.EMT\042393 '7'r 4 , CLEO J. SUMMERS NOTARY PUBLIC '% ,,J STATE OF 4_ �ti:Z.00.F !E,.fr COMMISSION EXPIRES o i -96. 008- 85-2451 ACCEPTED AND AGREED CITY OF FRIENDSWOOD, TEXAS BY: �wm�� Evelyn . Ne an Mayor THE STATE OF TEXAS ) ( COUNTY OF HARRIS ) ( BEFORE ME, the undersigned authority, on this day personally appeared Evelyn B. Newman, Mayor of the City of Friendswood, know to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on the 23rd day of April, 1993 . /64412 (7,77C Debris McKenzi , No ary Public in and for the State of Texas. My commission expires the 18th day of July, 1996. • FWD\BOFYSIL.EMT\042393 -5- 008- 85- 2452 EXHIBIT "A" EASEMENT TWO PROPOSED 20 FOOT UTILITY EASEMENT DESCRIPTION Of 0 . 5611 acres of land being out of a called 150 . 226 acre tract conveyed to George A. Bofysil, Jr . , by deed dated March 1, 1984, as recorded in Galveston County Clerk 's File No . 8411853, and being out of Lot 20 of the David Fahey Subdivision, as recorded in Volume 118, Page 417 in the Office of the County Clerk of Galveston County, Texas, also being situated in the Mary Fabreau Survey, Abstract No . 69, Galveston County, Texas, said 0 . 5611 acres of land being more particularly described by metes and bounds as follows : BEGINNING at a point for the north corner of the herein described tract and the west corner of a called 97 . 00 acre tract conveyed to Wilbur S . Cleaves, by deed dated January 22, 1958, as recorded in Volume 1247, Page 466 of the Clerk ' s Records of Galveston County, Texas; THENCE South 44 ' 59 ' 05" East a distance of 20 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West a distance of 1, 221 . 97 feet to a point for corner in the southwest line of said 150 . 226 acre tract; THENCE North 45 ' 02 ' 39" West along the southwest line of said 150 . 226 acre tract, a distance of 20 . 00 feet to a point for corner; THENCE North 44 ' 58 ' 40" East a distance of 1, 221 . 99 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 24, 440 square feet or 0 . 5611 acres of land . WITNESS MY HAND AND SEAL THIS THE 6TH DAY OF OCTOBER, 1992 . // BILLY /FOSTERo•; • Registered Professional Land Surveyor No. 1609 BILLY R. FOSTER :� 1609 BILLY R . FOSTER & ASSOCIATES SURVEYING INC. �e �o•FEss�-.•• 0� 3425 Federal Street N0•SURy�' Pasadena, Texas 77504 Phone No. : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075B • • 008- 85�- 2453 EXHIBIT "B" EASEMENT TWO PROPOSED 30 FOOT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION Of 0 . 8416 acres of land being out of a called 150 . 226 acre tract conveyed to George A. Bofysil, Jr . , by deed dated March 1, 1984, as recorded in Galveston County Clerk ' s File No . 8411853, and being out of Lot 20 of the David Fahey Subdivision, as recorded in Volume 118, Page 417 in the Office of the County Clerk of Galveston County, Texas, also being situated in the Mary Fabreau Survey, Abstract No . 69, Galveston County, Texas, said 0 . 8416 acres of land being more particularly described by metes and bounds as follows : BEGINNING at a point for the north corner of the herein described tract and the west corner of a called 97 . 00 acre tract conveyed to Wilbur S . Cleaves, by deed dated January 22, 1958, as recorded in Volume 1247, Page 466 of the Clerk ' s Records of Galveston County, Texas; THENCE South 44 ' 59 ' 05" East a distance of 30 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West a distance of 1, 221 . 96 feet to a point for corner in the southwest line of said 150 . 226 acre tract; THENCE North 45 ' 02 ' 39" West along the southwest line of said 150 . 226 acre tract, a distance of 30 . 00 feet to a point for corner; THENCE North' 44 ' 58 ' 40" East a distance of 1, 221 . 99 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 36, 659 square feet or 0 . 8416 acres of land . WITNESS MY HAND AND SEAL THIS THE 6TH DAY OF OCTOBER, 1992 . �, of T�„ B LLY R,l 'OSTER �.°Q. F�:� Regis ered Professional Land Surveyor No . 1609 gILLY R. F® TER t .,o BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. `�l,99OFFss*��OQ 3425 Federal Street . �� SUfW.r Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 • WS5/92FILES/92075C • • 0 U 8- 8 5- 2 4 5 4 b i ATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed 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 APR 26 1993. M I/j r �LY. k-- ..eq 11 COUNTY CLERK r� ' '�' GALVESTON CO.,TEXAS FILED FOR RECORD 93 APR 26 AM II: 43 CITY OF FRIENDSWOOD •�� S OFFICE OF CITY SECRETARY �o Gy -4./.. t 109 , , �r co FRIENDSWOOD. TEXASWILLOWICK ' 77546 3898 ��! iI C�c . --• 8 Mayor ' r ;�• EVELYN NEWMAN ,•l`:,7�4•Z du of 9LEndwood KITTEN HAJECATE r ,''' ' MEL P. MEASELES TOM MANISON �••;�` ... 109 WILLOWICK 713/482-3323 HAED ROSDURA EY � ►If FRIENDSWOOD, TEXAS 77546-3898 A. FRANK D RALEVICH • 18l City Manager RONALD E. COX s City Secretary _= DELORIS ARCHER, CMC April 23, 1993 Jessie Kirkendall Galveston County Clerk Galveston County Courthouse Post Office Box 2450 Galveston, Texas 77553 Dear Ms. Kirkendall, Please find attached for recording the following document from the City of Friendswood: UTILITY EASMENTT: George A. Bofysil, Jr. Do not hesitate to call if you have questions regarding- the. recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: - 7 -