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Home My WebLink AboutUtility Easement & Temporary Construction Easement - Cleaves, Wilbur S. (9310668) boitioub 008- 78- 0688 EASEMENT SOUTH FRIENDSWOOD SEWER LINE 1992 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT I, WILBUR S. CLEAVES, hereinafter called "Grantor, " for and in consideration of the sum of Three Thousand Dollars ($3 , 000. 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 1. 3740 acre tract of land, more or less, out 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, and 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. RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of Il- legibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instru- FWD\CLEAVES.EMT\031693 ment was filed and recorded. 008- 78- O689 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 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, 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. Notwithstanding any other provision contained herein to the contrary, the easement granted hereby is subject to the following: FWD\CLEAVES.EMT\031593 -2- J08- 78-0690 1. Grantee agrees to provide, upon receipt of applicable impact fees, adequate sanitary sewage treatment capacity necessary for the development of the Cleaves tract into approximately two hundred sixty (260) lots. At the time of construction Grantee shall install necessary stubs into the sanitary sewer facilities within the easement granted hereby at such locations as requested by Grantor. 2 . Grantee shall use its best efforts to consult with Grantor or his assigns to route the future East Loop Road and Brittany Bay Road so as to minimize the impact of such roadway extensions on the development of said tract and maximize the efficient use and development of the remainder of said tract. IINNJ WITNESS WHEREOF, this instrument is executed this /5lLday ' "&E of i` c 1993 . WILBUR S. CLEAVES ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 FWD\CLEAVES.EMT\031693 -3 0 :) 8- 78- 0691 THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared WILBUR S. CLEAVES, 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 /,5 day of nall,cjX. , 1993 . 7/4/64A Notary Public In and For t e State of Texas My Commission Expires: /-3 5 � '7 Eccf) FWD\CLEAV ES.EMT\031693 -4- • P,-,o4FPFIT008- 78-0692 EASEMENT THREE PROPOSED 20 FOOT UTILITY EASEMENT DESCRIPTION Of 1 . 3740 acres of land being out 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, and being situated in the Mary Fabreau Survey, Abstract No . 69, Galveston County, Texas, said 1 . 3740 acres of land being more particularly described by metes and bounds as follows : BEGINNING at a 1/2 inch iron rod found for the north corner of the herein described tract and the north corner of said 97 . 00 acre tract, same being in the southwest line of Falcon Ridge, Section Three, as recorded in Plat Record 18, Map 282 of the Clerk ' s Records of Galveston County, Texas; THENCE South 45 ' 00 ' 00" East along the southwest line of said Falcon Ridge, Section Three, a distance of 20 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West, 20 feet southeasterly of and paral- lel to the northwest line of said 97 . 00 acre tract, a distance of 2, 992 . 63 feet to a point for corner in the southwest line of said 97 . 00 acre tract; THENCE North 44 ' 51 ' 05" West along the southwest line of said 97 . 00 acre tract, a distance of 20 . 00 feet to a point for corner; THENCE North 44 ' 58 ' 40" East along the northwest line of said 97 . 00 acre tract, a distance of 2, 992 . 62 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 59, 852 square feet or 1 . 3740 acres of land . WITNESS MY HAND AND SEAL THIS THE 6TH DAY OF OCTOBER, 1992 . �� VAC''��,lSTF�•• ` BILL . FOSTER -6•': Regi eyed Professional Land Surveyor No . 160 • ( Bc LYR. FOSTER ;* 1609 ; r BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. � 9 a�FES��?A� • 3425 Federal Street ° SU1�V� Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075 B 0 0 8- 7 8 - 069.3 EASEMENT THREE PROPOSED 30 FOOT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION Of 2 . 0610 acres of land being out 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, and being situated in the Mary Fabreau Survey, Abstract No . 69, Galveston County, Texas, said 2 . 0610 acres of land being more particularly described by metes and bounds as follows : BEGINNING at a 1/2 inch iron rod found for the north corner of the herein described tract and the north corner of said 97 . 00 acre tract, same being in the southwest line of Falcon Ridge, Section Three, as recorded in Plat Record 18, Map 282 of the Clerk ' s Records of Galveston County, Texas; THENCE South 45 • 00 ' 00" East along the southwest line of said Falcon Ridge, Section Three, a distance of 30 . 00 feet to a point for corner; THENCE South 44 ' 58 ' 40" West, 30 feet southeasterly of and paral- lel to the northwest line of said 97 . 00 acre tract, a distance of 2, 992 . 63 feet to a point for corner in the southwest line of said 97 . 00 acre tract; THENCE North 44 • 51 ' 05" West along the southwest line of said 97 . 00 acre tract, a distance of 30 . 00 feet to a point for corner; THENCE North 44 ' 58 ' 40" East along the northwest line of said 97 . 00 acre tract, a distance of 2, 992 . 62 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 89, 779 square feet or 2 . 0610 acres of land . WITNESS MY HAND AND SEAL THIS THE 6TH DAY OF OCTOBER, 1992 . � � /� ��GisYE,4�ogs,�k ILL . FOSTER / 1 Reg ' s ered Professional Land Surveyor No . 1609 1` BLLYR. FOSTER 1609 BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. ,D ;lqv 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075D µQC CITY OF FRIENDSWOOD OFFICE OF CITY SECRETARY 109 WILLOWICK FRIENDSWOOD, TEXAS 77546-3898 • ,. . . .. . . 0 (J 8- 7 8 - 0 6 9 4 . efr zt3262/ 0. • c....,c...--2, tiVa 1993 r,) cz) cr) COVED -4' cclp ezifc:,°TEFYriSTCERNET114::N. \C.) ' El 2l FILED FOR RECORD 93tiP-): 18 All IQ: 01 - . STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed Ci_li.:ii 7 v r•!..7.7 M on the date and time stamped hereon by me and t34;ersi-c,N erifp4Ty TrxiNs was duly recorded in the Official Public Records of Real Property of Galveston C si.tit),texas,on MAR 1 8 1993 ../• a)* /-‘1:4:44 N., COUNTY CLERK ...",..zot•,;,' GALVESTON CO_, TEXAS Mayor r1 ;i EVELYN NEWMAN • Councilmembers E�. •.`. .., (Uy Of 9iE1zcIiuJoodKITTEN HAJECATE r- MEL P. MEASELES "�:� � =+`'�..: � 1l1 TOM MANISON �•'. ` ,.� • 109 WILLOWICK 7131482.3323 HAED ROLDURALEY 4 FRIENDSWOOD, TEXAS 77546-3898 A. FRANK D RALEVICH .1� City Manager 1BX ,Ij% RONALD E. COX /_' s A �Y City Secretary DELORIS ARCHER, CMC March 16, 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: EASEMENT: Wilbur S. Cleaves 1. 3740 acre tract of land out of 97 . 00 acre tract Do riot hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: - t --