HomeMy WebLinkAboutNo Address - Utility Easement - Clear Creek Drainage District • -"."e _ 95. 89 6 • t_"igs.
010- 41 - 1164
SOUTH FRIENDSWOOD WATER LINE 1995
EASEMENT
THE STATh OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT I, 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 me in hand paid by the
CITY OF FRIENDSWOOD, a duly and legal 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, SFT,T,,
and CONVEY unto the said Grantee, its successors and assigns and legal
representatives, an exclusive, perpetual easement for potable water
purposes, including the right to construct, operate, maintain, inspect,
replace, and remove potable water 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 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.
010- 41 - 1. 165
There is further conveyed a thirty foot (30') wide temporary
construction easement which shall expire (a) one (1) year from the date
construction camtiences on such permanent easement, (b) upon canpletion
of the construction and installation of the facilities within such
permanent easement, 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 whensoever
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 potable water
facilities on said permanent easement and operate thereon all necessary
machinery and equipment to efficiently prosecute the work.
IN WITNESS WHEREOF, this instrument is executed this 9day of
/141Y , 1995.
CLEAR CREEK DRAINAGE DISTRICT
CITY OF FRIENDSWOOD
rct iy
Frferdswood,Texas 77546-3898
010- 41 - 1166
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 § .
This instrument was acknowledged before me on the / day of
7-)n -
t,t— , 1995, by 2,Pii / /(el7(/4
President of the CLEAR CREEK DRAINAGE DISTRICT, on behalf of said
District.
1
Given under my hand and seal of office on this the Y day of
Lii/ , 1995.
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00000°°O�'° � .-0 � �,� Notary/ lic In and For the State
�,p„ VIRG :A of Tema
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� �. St_. c ir =s :J�/ 9., � ) moires 1219 s5 g My Commission Expires: ,
ACCEPTED AND AGREED:
CITY OF FRIENDSWOOD, TEXAS
By: jet...041fwi _zz)2--," i ..Evel B. Ne
Mayor r
THE STATE OF TEXAS §
§ ".
COUNTY OF GALVESTON §
This instrument was acknowledged before me on Th A E] 4 r
1995 by Evelyn B. Newman, as Mayor of th C'ty of Friend Texas.
CITY OF FRIENDSWOOD
e ores McK nz2 Archer
Attn: CirySecretary Notary Public In and For the State of Texas
109WiIIowiCk My Commission Expires: 7/Z8/96
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010- 41 - 1168
EXHIBIT "A"
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, 1 ,,52..,
C9 Aft'
,ILLY R. FOSTER..
B L L Y O S T E R BILLY
Regist red Professional Land Surveyor No . 1609 '•'O,Q 1609 �
•oFEss�Q�,,O
BILLY R . FOSTER & ASSOCIATES SURVEYING, INC.
3425 Federal Street
Pasadena, Texas 77504
Phone No . : ( 713 ) 941-0070
Job No . : 92075
WS5/92FILES/92075F CITY OF FRIENDS WOOD
Attn:City Secretary
109 Willowick
Friendswood.Texas 7754R-MA
010- 41 - 1 .169
EXHIBIT "B"
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 .
�C �O+
I LL OSIER '. �`�TRF°�
Reg ' s ered Professional Land Surveyor No . 1609 '' r
BILLY R . FOSTER & ASSOCIATES SURVEYING, INC, t�iL�LY1609R. FOSTER
3425 Federal Street 16G9 �.
Pasadena, Texas 77504 `�.9oF�ssa ,lp�
Phone No . : ( 713 ) 941-0070 9�� •SURv�
Job No . : 92075
CITY OF FRIENDSWOOD
WS5/92FILES/92075G Attn: City Secretary
109 V.fillowick
Friendswood,Texas 77546-3898
. . .
: -
0 10- 41 - 1 1 70
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FlL CU 1 %ULME
Official Public Records of Real Property
e ---ry •
5-26-95 09:36 A RRE1 $19.00 9518956
Patricia Ritchie - Co. Clerk
Galveston Co. TX