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Home My WebLink AboutNo Address - Sanitary Sewer Easement - Polly Ranch Homeowners Association . . 93,t.8875 • O08- 89- 1214 SANITARY SEWER EASEMENT SOUTH FRIENDEWOOD SEWER LINE 1993 THE STATE OF TEXAS § § COUNTY OF GALVESTON § THAT POLLY RANCH HOMEOWNERS ASSOCIATION, a Texas non-profit corporation, acting herein by and through its duly authorized officer, hereinafter called "Grantor, " for and in consideration of the sum of TEN DOLLARS ($10. 00) and other good and valuable consideration in hand paid by the CITY or FRILNDSWOOD, 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, assigns, and legal representatives, a perpetual easement for the purpose of constructing, operating, and maintaining sanitary sewer improvements over, across, and under the following described property situated in Galveston County, Texas: Being a 0. 5630 acre tract of land, more or less, out of Reserve "G" of the Replat of Polly Ranch Estates, of the City of Friendswood, Galveston County, Texas, as recorded in Volume 15, 4 , of rage the M:AD Records of Galveston County, Texas, which tract rage�L� 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 one hundred twenty-five foot (125' ) by eighty foot (80' ) temporary construction easement for a period of one year from the date construction commences on such tract or upon completion of construction and installation of FWD\POLLY.EMT\060793 • 008- 89- 1215 facilities contemplated by this grant within the permanent sanitary sewer easement granted hereby, which ever first occurs. Such temporary construction easement is more particularly described by metes and bounds in Exhibit "B" attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD, the above-described permanent sanitary sewer 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, and assigns, 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 repair or maintain sanitary sewer improvements on said easement and operate thereon all necessary machinery and equipment to efficiently prosecute the work. th- t-± di thar provisions contained he,-Pin to the YVUt`,� il.l1J ��i:.,� ny anyJ...:...� provisions contrary, the easement granted hereby is subject to the following: 1. All paths and culverts within the park which are damaged during or incident to construction or maintenance within the easement shall be repaired by Grantee to their original state; 2 . Trees which die within or near the construction area within one (1) year after completion shall be replaced by Grantee with six inch (6") caliper trees of the same type; FWD\POLLY.EMT\060793 -2- 008- 89- 1216 3 . Grantee shall construct a man-proof six foot (6' ) tall chain link fence, with three (3) strands of barbed wire across the top, around the support structure on the park property at the aerial pipe crossing over Clear Creek. This fence shall be constructed and maintained at the completion of construction of the new twenty inch (20") force main; 4 . A six foot (6' ) high chain link fence shall be erected around the construction staging area near the creek, if requested by Grantor, during construction; 5. Pipes shall be man-proofed, using effective methods, which shall be included in the construction plans; 6. All equipment being used for the purpose of pipeline installation shall be kept within the easement areas; 7 . Grantee shall add and maintain Grantor as an additional insured under Grantee's general liability insurance policies covering damage or injury resulting from or relating to Grantee's use of the easement granted hereby and the adjacent pipe crossing over Clear Creek, as long as the City exists. IN WITNESS WHEREOF, this instrument is executed this 1 day of , 1993 . POLLY RANCH HOMEOWNERS ASSOCIATION BY: Signature) (Lame) Ne (Title) FWD\POLLY.EMT\060793 -3- 00 89-- 1217 By: )1/ t/0- 0' (Signature) ed T C- 4 e"6"//lie (Name) /,// rer:•5/9 T �r/f�4- (Title) ADDRESS OF GRANTEE: City of Friendswood 109 East Willowick Friendswood, Texas 77546 ADDRESS OF GRANTOR: Polly Ranch Homeowners Association /3p k / Co / �/li�Aa7 1c900.D 77 ui (Address) THE STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 7-6 day of 1Y1 -y , 1993 , by &trbra her Iacie% President and RoJoer- C . , Vice President of POLLY RANCH HOMEOWNERS ASSOCIATION, on behalf of said Association. c c�v,Q /4. P6 Noary Public In and Fol.' the State of Texas �1��E-- ,;, — My Commission Expires: 0- /b-9(o /( DIANE M.POPE .* MY COMMISSION EXPIRES ,.�`;►",1"Pi _ ibiarY10.1896 CSO City of 9'uEndi.wood 109 WILLOWICK FRIENDS WOOD,TEXAS 77546-3898 I FWD\POLLY.EMT\060793 -4 . 008- 89 - 1218 ` h J r 4 /' 3 CKF it STALE OF TEXAS COUNTY OF GALVESTON 0 Mqy 7993 l hereby certify that this instrument was filed `� CITy �CE�V£ on tho dole and t hereon by me and C�or FR�CNo ,� was duly recorded in the Official Public Records T1 SECR ct R�QCD �. of Real Property of Galveston County Texas, cn /��!0f 6 g L�� r coy r, MAY 1 2 1993 -... ,e,14,4.1CAL_LJ,:,?_ le, ,'"r COUNTY C!ci;C Z!,,coo .f GALVESTON CO., TEXAS _ �sy Mayor �.�� .*.� EVELYN NEWMAN • �•'.,;; ,t . Z; Councilmembers `'" £?Lty OKITTEN HAJECATE 9'ziEncIuJood "' "� ,`' !. MEL n MEASELES I( �1 TOM MANISON �••..•�` '.� 109 WILLOWICK 7131482.3323ED STUART �l FRIENDSWOOD, TEXAS 77546-3898 A. FRANK HAROLDF Y RALE RALEVICH i1/44: _____- City Manager 3 Z l'N RONALD E. COX At: �� ' City Secretary `- Is* DELORIS ARCHER, CMC May 10, 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: SANITARY SEWER EASEMENT: Polly Ranch Homeowners Association 0.5630 Acre Tract of land, out of Reserve "G" Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: - 4 --