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HomeMy WebLinkAboutNo Address - Roadway Easement - Offenhauser, George w. & Rosalie 9010208 006 - 91 - 0128 ROADWAY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § That we, GEORGE W. OFFENHAUSER and ROSALIE OFFENHAUSER, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to us in hand paid by the CITY OF FRIENDSWOOD, TEXAS, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD, AND CONVEYED, and by these presents do hereby GRANT, SELL, AND CONVEY unto the CITY OF FRIENDSWOOD, a municipal corporation situated in the counties of Galveston and Harris, Texas, a perpetual easement and right-of-way for public street and roadway, drainage, and utility purposes in, over, under, across, and along all that certain 12,773.53 square foot tract or parcel of land, more or less, situated in the County of Galveston, State of Texas, and being more particularly described and depicted on "Exhibit A" attached hereto and for all things made a part hereof. TO HAVE AND TO HOLD the above-described easement and right-of-way unto the CITY OF FRIENDSWOOD, its successors and assigns forever, and we do hereby bind ourselves, our heirs, executors, and assigns to warrant and forever defend the said easement and right of way unto the CITY OF FRIENDSWOOD, its successors, and assigns, against each and every person whomsoever lawfully claiming or to claim any part thereof. Executed this 2nd day of A ril , 1990. P �-L RECORDER'S MEMORANDUM: G rge . Offenha s r At the time of recordation, this instrument was found to be inadequate for the best /; 11819 p photographic reproduction because of il- ?- 1• /'�,� ` ' �6 ♦ � legibility,carbon or photo copy, discolored G paper, etc. All blockouts, additions and Rosalie Offenhauser changes were present at the time the instru APR 1990 c3, ment was filed and recorded. ry cr o RECEIVED ti Page 1 of 4 d'' MTV Of RIENOSWOOD cP CITY SECRETARY Qti 95'��zt \C'4 ] 06 - 91 - 0129 THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared GEORGE W. OFFENHAUSER, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd day of April , 1990. Notar Public In and For the State: of Texas My Commission Expires: 1c/9/9(/ THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared ROSALIE OFFENHAUSER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd day of April , 1990. G�i Notary Public In and Far the State of Texas My Commission Expires: /a%l W 1118 t\c) �� 49,E APR 1990 RECEIVED cs Cwi of famsw000 Page 2 of 4 Gin giCRETARY - l � • 'Exhitit A." Page 1 006- 91 - 0130 A DESCRIPTION OF A STRIP OF LAND ALONG THE NORTHEAST AND SOUTHEAST LINE OF THE GEORGE W. OFFENHANSER 3.75+ ACRE TRACT IN LOT 14, S. E. WHITNEY SUBDIVISION, IN GALVESTON COUNTY, TEXAS. According to the plat thereof recorded in Volume 238, Page 19, in the offfice of the County Clerk of Galveston County, Texas , and being more fully described by metes and bounds as follows: BEGINNING at the point of intersection of the Northeast line of said Lot 14 with the existing center line of Chigger Creek , said point being S 45 deg. 00 min. 00 sec . East a distance of 286.80 feet , more or less , from the North corner of Lot 14; THENCE S 45 deg . 00 min. 00 sec . East , along the Northeast line of said Lot 14 , same being the Southwest right of way of Greenbriar Street ( 40 foot right of way) , a distance of 337.70 feet , more or less, to a point for corner on the Northwest right of way of Briarcreek Street (40 foot right of way) , said point being the East corner of said Lot 14 ; THENCE S 45 deg . 00 min. 00 sec . West , along Briarcreek , a distance of 401, 17 feet to a point for corner ; THENCE N 45 deg . 00 min. 00 sec . West , along the Southeast line of said Offenhanser Tract a distance of 15.00 feet to a point for • corner ; THENCE N 45 deg . 00 min. 00 sec . East a distance of 361 . 17 feet to a point for corner ; THENCE North a distance of 28.28 feet to a point for corner ; THENCE N 45 deg . 11 min. 03 sec . West a distance of 313. 17 feet , more or less, to a point for corner on the existing center line of Chigger Creek ; THENCE along with the meanders of the center line of Chigger Creek through points with the following courses: S 76 deg . 06 min. 05 sec . East a distance of 24 .79 feet N 7 deg . 41 min. 23 sec . West a distance of 13.53 feet to the PLACE OF BEGINNING and containing 0.2932 acres of land , 12,773.53 square feet , more or less. •\6 1181geo ti APR 1990 o RECEIVED rn CITY®F FascrooswooD y, Page 3 of 4 cP CITY SECRETARY \s.0``�ti • "Exhibit A" • / 31 // '�� Page 2 1 ` No�aZH C��pndER �- 006- 91 - 0131 {.-- 3.-- • mkJ 0; �Y i-\ \ .� `✓�. .. I - C • ,,- `. % �')•`� ,•`; • •:�yL1• - - - \ �W ' CTERMANY TRALT 2.©'Ac. , N . 13?53• ' VI• .:1 ♦J S7+.°04 05' CONCRETE / .--, r • `1.85 I 4 Pp,.tR '''1' °b_ Po�c 3• I S±AC. OFFENJAUSER TRACT ' n3 ,` 3 1*n:4,1 T •m• Z iN ' Tu) WE 4' COML•HeADHMu. iO et1 945 OR,aN GRATE .):4.',...- NORTH } %' 5°po 00�./ - _ -2/ ► 0%GLs.,e frxec.,t.wnExr_ zg.Z B' I.7o �. s p»r L POWER Eli}MCA° 4/rNQ P,.10: ar< 4'[4• \ d K I.R.9,5o'N.V.,1.17'N.C. -P°,a. r • ,c..:� -Pri.60,. �1 ORLINGRATE \ .Ih LP.1.10'N.V.,1.1YN.f / 7, NY5 00� 4G,I f7 "'���� � ON.J ` O.....Pc4 jlb.�` ONw/ � YI- OH�! <' 999 4.40 ,5 V.b9 OIJTsr.—y. - -. � 4_ n" " ...- .._ , �t 3 rrj ♦ ---z, 3'R in f :oeRL.R A SURVEY OF THE NORTHEAST AND'SOUTHAST LINE OF THE GEORGE N. OFFE.�PriANSER 3.75+ ACRE TRACT IN LOT 14, S. s. WHITNEY-`SUBDIVISION, IN GALVESTON COUNTY, TEXAS.' - According to the plat thereo ` ecorded in Volume 238, Page 19,,in the office of the County Clerk of Galveston County, Texas. Fin There'wereno encroschmenta at the time of this survey except as shown on plat and all improve- ments were pot located as part`'%of this survey, • yy��i-�- ti ,u`�,-^ r-r3'y.,Ugth •N,7.ti4�dux yeyed July 22, 3987 .. Scale 1 inch - 50 feet '`;°:. V,1 re ;' • y- A , By ' la Dom/e tt „ S. A. Duitecher �� 6 1 1819 0 George N. Offenhauzer ' Reg. Public Surveyor' ."f„ 1,yD Engineers, Inc. • �O C�J • es. ' 'La Marque, Texas 1>) �� Rev. 5-23-8I APR 1990 Page 4 of RECf1VEO • 6r C[T11 OF FRehos an SECRETARY .4- L.F.-H-CI� 95��� , `rOCOti Mayor ���I� " PAUL W. SCHRADER 1:�-R.�_ O gziEncid.cv-oodCouncilmember,(fr � ' • �Ct ofRON RITTERSu;!' �'_ '� JMEL P. MEASELES ,. N �\�;'' EVELYN NEWMAN •� 109 WILLOWICK 7131482.3323 ED STUART 11/4 fFRIENDSWOOD, TEXAS 77546 3898 RAROLD RALEY L; A. FRANK FRANKOVICH City Manager 1®l RONALD E. COX City Secretary _ DELORIS ARCHER, CMC August 29 , 1991 Mr. George Offenhauser 1002 Briar Creek Friendswood, Texas 77546 Dear Mr. Offenhauser, Attached you will find a copy of the duly executed and recorded Roadway Easement that was negotiated with the City of Friendswood. - Copies of this easement are herewith transmitted to the Galveston County Central Appraisal District and to the Friendswood Tax Office. If we may be of further assistance to you in this matter; please contact us. Sinc ly, a4 Debris Archer, CMC City Secretary cc: Galveston County Central Appraisal District Friendswood Tax Office DA/ss December 29, 1989 Mr. and Mrs. George Offenhauser 1002 Briar Creek Friendswood, Texas 77546 Dear Mr. and Mrs. Offenhauser: As you are aware, the City of Friendswood was the defendant in a lawsuit in which Mr. and Mrs. Joseph Germany challenged the City's right to use certain property for the improvement of Greenbriar street. The City constructed the improvements in accordance with a survey prepared by the City's engineer. Believing the City's engineer to be in error, the Germanys employed their own engineer to resurvey the boundary line between their property and the Greenbriar right-of-way, and such survey conflicted with that of the City's. In an attempt to resolve the dispute, the City and the Germanys agreed on an independent third party engineer to once again resurvey the boundary line. This resurvey was conducted by Mr. Stan Duitscher. As a result of Mr. Duitscher's survey, which indicated an encroachment on the Germanys' tract, the City attempted to purchase from the Germanys that portion of their tract which the Duitscher survey showed was being encroached upon. Being unable to agree on a value, the issue was litigated in District Court in Galveston. The jury determined the value of the land to be fifty cents ($.50) per square foot. Inasmuch as your tract is adjacent to the Germanys' and you have provided the City with a survey prepared by Mr. Duitscher which indicates a similar encroachment, the City Council has authorized me to render payment to you in the amount of fifty cents ($.50) per square foot for that portion of your tract which the Duitscher survey indicates is encroached upon. In addition, I am prepared to recommend to City Council that you be reimbursed in an amount not to exceed five hundred twenty-five dollars ($525.00) for your expenses in having the survey prepared since the City bore the cost of same in resurveying the Germanys' boundary. Mr. and Mrs. George Offenhauser December 29, 1989 Page 2 We will need for you to execute a deed to the City conveying the property described in Duitscher's survey, and we will have it filed of record in Galveston County so that any future purchaser would be made aware of the City's ownership. In addition, we will be happy to send a copy of such deed with a cover letter to the Galveston County Central Appraisal District notifying them of the acquisition and resulting reduction in the size of your tract. Should you need any further information, please do not hesitate to contact me (482-3323) or the City's attorney, John Olson (759-0696) . Very truly yours, CITY OF FRIENDSWOOD Annette A. Brand City Manager JO:AAB:ksn cc Mayor and Members of Council John Olson, City Attorney Roger Roecker, Finance Director