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Home My WebLink AboutUtility Easement & Temporary Construction Easement - Cleaves, Wilbur S. (9518955) r GAL 9518955 b r:-)gs • 010- 41 - 1158 EASEMENT SOUTH FRIENDSWOOD WATER LINE 1995 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 Seven Hundred Fifty Dollars ($750.00) 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, SELL, 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 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. 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 0 010- 41 - 1 1.59 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. Notwithstanding any other provision contained herein to the contrary, the easement granted hereby is subject to the following: 1. Grantee agrees to provide, upon receipt of applicable impact fees, adequate potable water supply necessary for the development of the Cleaves tract into approximately two hundred sixty (260) lots. 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 • 010- 41 - 1160 of said tract and maximize the efficient use and development of the remainder of said tract. �� IN WITNESS WHEREOF, this instrument is executed this /, day of Ply 1995. WILBUR S. CLEAVES 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 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 expresses. Given under my hand and seal of office on this the /Y= day of //2)/q1 , 1995. - ill.;-- / Zei-L/7-9-1A7---._ Notary Public In and For the State of Texas My Commission Expires: /-0 Y � 'c: ' ,, CLAUDIA L.BRINKMAN Notary Public,State of Texas �,,r o,,.• My Comm.Expires 1-24-96 ,j CITY OF FRIENDSWOOD A..t.,: City Secretary 1 L;':,'.11owick Friendswood,Texas 77546-3898 969E-9t'5LL SExa1'pooMspua!i3 M!O!Moll!M 601. AmaiOag it!0 :u y GOOMSGN3Ia3 3O A11O 96/81/L : sa1Tdxg uoTssTuruioO �w • suxas go 0gP4S auk. zog puP uT ozTgnd A.PgoN aogoz a : oN y sTzoTaQ 4. •SP I MSpUOTJ3 3o ALTO au; ;o zo1pw sP IUPWMON •g uk[ana Aq S661 L l I b f uo ow azogaq pabpOTmouxop SPM qua qsuz sz� W § ISQISaAIFZ`J 3O AIRICO .�,:;% SVXHI 3O SiP WS au zoAew TI UIM •$ aLJ SvxaL 'QOOMSQN3DL 3O &LID Caa2DV (INV GaIdTaDV 1911 - t -Ol0 • - ! 010- 41- - 1 1,62 EXHIBIT "A" 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 . )477 ILLY FOSTER C,�@ �r, Fq;s \ Registered Professional Land Surveyor No . 1609 : BILLY R. FOSTER ; .';'Po i 609 -' 'BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. �� °'S.opF�g�O��' � 3425 Federal Street �Np'SUaVti��' Pasadena, Texas 77504 � . Phone No . : ( 713 ) 941-0070 Job No . : 92075 WS5/92FILES/92075 CITY OF FRIENDSWOOD Attn: City Secretary 109 Willowick Friendswood,Texas 77546-3898 • • O10- 41-- 11,63 EXHIBIT "B" 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 . BILLY OSTER A GAS Eq o•S Registe ed Professional Land Surveyor No . 1609 •• • ° BILLY R. FOSTER• .1609% BILLY R . FOSTER & ASSOCIATES SURVEYING, INC. f °•�FESS c 3425 Federal Street 4� •�l:c `L Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 92075 cT� cn re1 cciiren i, WS5/92FILES/92075D i 11.GU 1111i �L U( . Real property F_ublic records CITY OF FRIENDSWOOD '-�* 'f� 955 .OU ` 13. Attn: City Secretary Lb_g5 09:3b " e 1CD i;�ler iifowick 5 Ritctu Friendswood,Texas 77546-3898 r�,tr lca. Galveston ton �' `�`