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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. cxcccco0r,, O.00 V <- l IP"' 00000°°O�'° � .-0 � �,� Notary/ lic In and For the State �,p„ VIRG :A of Tema r _y PC :, � �. 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 W.4e'r . Nvc-, `(\ gA0,9ii: 0 ... • . Ap 4•40- adit. '-‹<\ • /zo, * ## 4s4f) # 44, 4.4417 * ,, ,,,, 4, 4-4 ,, • 4-4-N. igA '••• <5,/,,, 4 440* If . *0 -41;' ' s ' .4 A 4"*f if v* p4r 14, i." 7 EXT ' G . OUTH RI0 ei.. \/, . . , t°1'.1$0$4:-- sit 0 1 0— 4 1 — 1 1 6 7 / NDSWOOD \**474.�,��� A • WER INT ' EPTOR N4 �;;�� �� , • ••• #41) < ...= • �. N' i SOMERSET / PLACE �// A �,O4e i // c�►♦♦♦♦♦♦♦♦v6') MISSION / k"4.,Rq*_•":.Ivi•4\i1i t Ni•8i4•4 A4WA,-,04.V "94,*4 //) 4 / %sr.4♦�•rA�����4. ESTATES . // • .*��4# 4 / \ '/ tit, 00•�i nc // m..::*c c4 40 0 9 // } // er tot, #0. • It'9,94 / tiszl �to.40�# 4I $ t\ 4 I \ / gc9 CITY LIMIT \II `\.,/ N PRC 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 " g """ 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