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Home My WebLink AboutUtility Easement & Temporary Construction Easement - Clear Creek Drainage District (008-60-1214) M�'2'4931.1 . U08- 60- 1'214 EASEMENT SOUTH FRIENDSWOOD SEWER LINE 1992 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT THE CLEAR CREEK DRAINAGE DISTRICT, hereinafter called "Grantor, " for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, to it 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, has GRANTED, SOLD, and CONVEYED, and by these presents does 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. 0413 acre tract of land, more or less, out of a called 0.7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2, as recorded in Plat Book 17 , Map 63 and 64 of the Clerk's Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No. 645, also known as B.F. & F. Survey, Section 5, Abstract No. 625, Galveston County, Texas, which tract of land is more particularly described by metes and bounds in Exhibit "A" attached hereto and • A8- 60- 1215 incorporated herein for all purposes. There is further conveyed a thirty foot (30' ) wide temporary construction easement for a period of one (1) year from the date construction commences on such tract 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 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, forever. And Grantor does hereby bind itself, its successors, assigns, and legal representatives, 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. The Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, remove, or maintain sanitary sewer facilities on said easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. -2- 008-60-.1216 _itil IN WITNESS WHEREOF, this instrument is executed this day of l..1.�Q-Q/14k-ts-V-1 , 1992 . CLEAR CREEK DRAINAGE DISTRICT By: ,.- -7 — Charles G. Hooks, President ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 ADDRESS OF GRANTOR: Clear Creek Drainage District P. O. Box 607 Friendswood, Texas 77546 THE STATE OF TEXAS § § COUNTY OF GALVESTON § J This instrument was acknowledged before me on the 7 day of OSIA.4/ Y , 1992, by Charles G. Hooks, President of the CLEAR CREEK DRAINAGE DISTRICT, on behalf of said District. Given under my hand and seal of office on this the 7 day of 9A. 1 , 1992 . t..)U.- v�n.�� g 0 C- 4�'��`"fr\ VIRGINIA H. CALK Notary Pblic In and For the State of •. Notary Public Texas ;' State d Texas 4 " 1 Commission Expires 12-19-95 My Commission Expires: /4-/9-95 8 -3- • EXHIBIT ...La EASEMENT ONE PROPOSED 20 FOOT UTILITY EASEMENT DESCRIPTION Of 0 . 0413 acres of land out of a called 0 . 7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2, as recorded in Plat Book 17, Map 63 and 64 of the Clerk 's Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No . 645, also known as B.F. &F. Sur- vey, Section 5, Abstract No . 625, Galveston County, Texas, said 0 . 0413 acres of land being more particularly described by metes and bounds as follows : COMMENCING at a point for 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 ' 58 ' 40" West a distance of 1, 221 . 97 feet to the PLACE OF BEGINNING of the herein described tract, same being in the southwesterly line of a 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, also being the north corner of said 0 . 7635 acre tract; THENCE South 45 ' 02 ' 39" East along the southwest line of said 150 . 226 acre tract and the northeast line of said 0 . 7635 acre tract, a distance of 20 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West a distance of 89 . 92 feet to a point for corner in the southwest line of said 0 . 7635 acre tract; THENCE North 45' 06 ' 57" West along the southwest line of said 0 . 7635 acre tract, a distance of 20 . 00 feet to a point for cor- ner; THENCE North 44 ' 58 ' 40" East a distance of 89 . 94 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 1, 799 square feet or 0 . 0413 acres of land . WITNESS MY HAND AND SEAL THIS THE 7TH DAY OF OCTOBER, 1992 . LLY OSTER ,. • k Regis �ed Professional Land Surveyor No. 1609 .B':_LY Ft STE . .n.. 1609 = , BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. <4QFc5s1C��yo4 3425 Federal Street O Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075F ' EXHIBIT B U 0 8-6 0- 1218 i EASEMENT ONE PROPOSED 30 FOOT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION Of 0 . 0619 acres of land out of a called 0 . 7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2, as recorded in Plat Book 17, Map 63 and 64 of the Clerk ' s Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No . 645, also known as B.F. &F. Sur- vey, Section 5, Abstract No . 625, Galveston County, Texas, said 0 . 0619 acres of land being more particularly described by metes and bounds as follows : COMMENCING at a point for 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 ' 58 ' 40" West a distance of 1, 221 . 97 feet to the PLACE OF BEGINNING of the herein described tract, same being in the southwesterly line of a 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, also being the north corner of said 0 . 7635 acre tract; THENCE South 45 ' 02 ' 39" East along the southwest line of said 150 . 226 acre tract and the northeast line of said 0 . 7635 acre tract, a distance of 30 . 00 feet to a point for corner; THENCE South 44 . 58 ' 40" West a distance of 89 . 90 feet to a point for corner in the southwest line of said 0 . 7635 acre tract; THENCE North 45 ' 06 ' 57" West along the southwest line of said 0 . 7635 acre tract, a distance of 30 . 00 feet to a point for cor- ner; THENCE North 44 . 58 ' 40" East a distance of 89 . 94 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 2, 698 square feet or 0 . 0619 acres of land . WITNESS MY HAND AND SEAL THIS THE 7TH DAY OF OCTOBER, 1992 . ILLY OS TER `' r\ Regis a ed Professional Land Surveyor No . 1609 rBILLY . ! 1E , 7 �:� 1�;Js • . BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. 3425 Federal Street ,��0 V�Jd. Pasadena, Texas 77504 SO'� Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075G , U08-60- 121.9. 21345 B \ JAN i993 .cv w, cam► CI TY OF FRIENDSWDOD c9c- CITYSECRETARY \•�s, i 0 STATE OF TEXAS COUNTY OF GAIVESTOU rll .' 1 I hereby certify that this instrument was filed a� 91 on the da a and time stamped hereon by me end �0 was duly recorded in the Official Public ds SEC `I of Real Prcperty of Galveston County Texas,`ictitiET44` DEC 1 4 1992 90-4501 , :01110.0%. ....... ...::::,:„5,04.7„, GAS azivi. ? 4,04z6 ‘.%. )ifo:Nl COUNTY CLERK ' al..F.e GALVESTON CO.. TEXAS • • Mayor r `*�` EVELYN NEWMAN ' �� `Z'• £?LLy of 9LEncLuJood KITTEN HAJECATE �` MEL P. MEASELES \�`.`. N TOM MANISON • ,,.se ie R 109 WILLOWICK 713/482-3323 HAED ROSDURALEY 0 FRIENDSWOOD, TEXAS 77546-3898 A. FRANK D RALEVICH • 1al I, City Manager RONALD E. COX .*- fl_ �% .W City Secretary s== s DELORIS ARCHER, CMC December 10, 1992 Jessie Kirkendall Galveston County Clerk Galveston County Courthouse Fast Office Box 2450 Galveston, Texas 77553 Dear Ms. Kirkendall, Please find attached for recording the following document from the City of Friendswood: EASEMENT ONE: CLEAR CRRFK DRAINAGE DISTRICT EXHIBIT A: 20 Foot Utility Easement EXHIBIT B: 30 Foot Temporary Construction Easement. Do not hesitate to call if you have questions regarding the recording of the above items. Sincere y, Linda Thornton Assistant City Secretary Attachments: - 5 -- EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT THE CLEAR CREEK DRAINAGE DISTRICT, hereinafter called "Grantor, " for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, to it 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, has GRANTED, SOLD, and CONVEYED, and by these presents does 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. 0413 acre tract of land, more or less, out of a called 0.7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2 , as recorded in Plat Book 17 , Map 63 and 64 of the Clerk's Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No. 645, also known as B. F. & F. Survey, Section 5, Abstract No. 625, 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. There is further conveyed a thirty foot (30' ) wide temporary construction easement for a period of one (1) year from the date construction commences on such tract 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 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, forever. And Grantor does hereby bind itself, its successors, assigns, and legal representatives, 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. The Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, remove, or maintain sanitary sewer facilities on said easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. -2- IN WITNESS WHEREOF, this instrument is executed this 7 day of Eie.Vy j kth..., , 1992 . CLEAR CREEK DRAINAGE DISTRICT By: Charles G. Hooks, President ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 ADDRESS OF GRANTOR: Clear Creek Drainage District P. O. Box 607 Friendswood, Texas 77546 THE STATE OF TEXAS § § COUNTY OF GALVESTON § 1-'k This instrument was acknowledged before me on the 7 day of SZ.UIYV , 1992 , by Charles G. Hooks, President of the CLEAR CREEK DRAINAGE DISTRICT, on behalf of said District. Given� under my hand and seal of office on this the / day of 1: 4_e_51-1Y�-y K/ , 1992 . V V�CVA&N �ci� rN( . '.u,4•\ VIRGINIA H. CALK Notary ublic In and For the State of •( ;�+ '!•' NotrY PLtJie Texas State of Texas ry44`- ``4 Commission Expires 12-19-95 My Commission Expires: ,�-/9-q-s 0000; _ 3436 -3- • EXHIBIT ii • EASEMENT ONE PROPOSED 20 FOOT UTILITY EASEMENT DESCRIPTION Of 0 . 0413 acres of land out of a called 0 . 7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2, as recorded in Plat Book 17, Map 63 and 64 of the Clerk ' s Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No . 645, also known as B.F. &F. Sur- vey, Section 5, Abstract No . 625, Galveston County, Texas, said 0 . 0413 acres of land being more particularly described by metes and bounds as follows : COMMENCING at a point for 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 ' 58 ' 40" West a distance of 1, 221 . 97 feet to the PLACE OF BEGINNING of the herein described tract, same being in the southwesterly line of a 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, also being the north corner of said 0 . 7635 acre tract; THENCE South 45 ' 02 ' 39" East along the southwest line of said 150 . 226 acre tract and the northeast line of said 0 . 7635 acre tract, a distance of 20 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West a distance of 89 . 92 feet to a point for corner in the southwest line of said 0 . 7635 acre tract; THENCE North 45 ' 06 ' 57" West along the southwest line of said 0 . 7635 acre tract, a distance of 20 . 00 feet to a point for cor- ner; THENCE North 44 ' 58 ' 40" East a distance of 89 . 94 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 1, 799 square feet or 0 . 0413 acres of land . WITNESS MY HAND AND SEAL THIS THE 7TH DAY OF OCTOBER, 1992 . OF LLY OSTER Regis �ed Professional Land Surveyor No . 1609 B{LLYR. FOSTER .i BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. l '��,o1609F O�•' `' 3425 Federal Street q�0 . NJOO Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075F EXHIBIT EASEMENT ONE PROPOSED 30 FOOT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION Of 0 . 0619 acres of land out of a called 0 . 7635 acre tract being a 90 foot wide Clear Creek Drainage District easement, as shown on a recorded plat of San Joaquin Estates, Section 2, as recorded in Plat Book 17, Map 63 and 64 of the Clerk ' s Records of Galveston County, Texas, and being situated in the George W. Patterson Survey, Section 6, Abstract No . 645, also known as B. F. &F. Sur- vey, Section 5, Abstract No . 625, Galveston County, Texas, said 0 . 0619 acres of land being more particularly described by metes and bounds as follows : COMMENCING at a point for 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 ' 58 ' 40" West a distance of 1, 221 . 97 feet to the PLACE OF BEGINNING of the herein described tract, same being in the southwesterly line of a 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, also being the north corner of said 0 . 7635 acre tract; THENCE South 45 ' 02 ' 39" East along the southwest line of said 150 . 226 acre tract and the northeast line of said 0 . 7635 acre tract, a distance of 30 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West a distance of 89 . 90 feet to a point for corner in the southwest line of said 0 . 7635 acre tract; THENCE North 45 ' 06 ' 57" West along the southwest line of said 0 . 7635 acre tract, a distance of 30 . 00 feet to a point for cor- ner; THENCE North 44 ' 58 ' 40" East a distance of 89 . 94 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 2, 698 square feet or 0 . 0619 acres of land . WITNESS MY HAND AND SEAL THIS THE 7TH DAY OF OCTOBER, 1992 . r. ,2K/r,/ BILLY OSTER Regis e ed Professional Land Surveyor No . 1609 BILLY R. FOSTER -") 1609 BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. < '•.�,c 3425 Federal Street .9`y0 Sav�y0� Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075G