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Home My WebLink AboutDrainage Easement - NY 3 Limited Partnership - E PARKWOOD AVE HUTCHESON & GRUNDY, L. L.P. ATTORNEYS AT LAW CITICORP CENTER 1200 SMITH STREET, SUITE 3300 HOUSTON, TEXAS 7 7 002-4 5 7 9 • TELEPHONE 713/951-2800 FAX 713/951-2925 901 MAIN STREET, SUITE 6200 DALLAS, TEXAS 7 5 202-3 714 III CONGRESS AVENUE, SUITE 2700 TELEPHONE 214/761-2800 AUSTIN, TEXAS 78701-4043 FAX 214/761-2805 DIRECT DIAL: (713) 951-2843 TELEPHONE 512/a78_2800 FAX 512/472-3173 December 28 , 1993 BY MESSENGER Mr. James E. Thompson Community Development Director City of Friendswood Public Works Building 1306 Deepwood Friendswood, Texas 77546-3898 Re: Property located at Winding Way and F.M. 528 , Galveston County, Texas ( "Winding Way Property") , and property located at 5310 Whittier Oaks (Reserve A of Wedgewood Village, Section 8 , Harris County, Texas) ("Whittier Oaks Property") Dear Jimmy: Enclosed are the following original documents in connection with the above matter: 1 . Drainage Easement from NY 3 Limited Partnership to the City of Friendswood; 2 . Special Warranty Deed from Pear One Corp. to the City of Friendswood; 3 . Non-Exclusive Access Easement from Pear One Corp. to the City of Friendswood; and 4 . Memorandum of Terms and Conditions among Pear One Corp. , NY 3 Limited Partnership, and the City of Friendswood. I understand that you are having delivered to me the City's check for our legal fees. • After the documents listed in nos. 1 , 2 , and 3 have been recorded, please forward a copy of the recorded document to us to complete our files . t . • Mr. James E. Thompson Page 2 December 28 , 1993 By copy of this letter to John Wagner, I am sending to him the building permit letter from the City and the signed counterpart of the Memorandum of Terms and Conditions signed by the City of Friendswood. V ry truly yours, Greg . Martin GNM:We Enclosures cc: Mr. John Wagner HG HO U L MART[NG/97766 A( WINDING WAY 009- 53-2168 .9408437 U DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § 3 d- THAT the undersigned, NY THREE LIMITED PARTNERSHIP, hereinafter called "Grantor, " for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, to it in hand paid by the City of Friendswood, a municipal corporation of the Counties of Galveston and Harris, State of 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 and assigns, and legal representatives, an easement and right-of-way for the purpose of maintaining, constructing, reconstructing, repairing, relocating, and removing storm drainage improvements over, under, and through all of that certain 1, 193 square foot tract of land, more or less, situated in Galveston County, Texas, and said drainage easement being more particularly described on Exhibit A attached hereto and for all things made a part hereof. TO HAVE AND TO HOLD said right-of-way easement unto said Grantee, its successors and assigns, until such drainage easement is constructed and then for so long thereafter as a drainage easement is maintained thereon, subject, however, to termination, extinguishment, and reversion in the event: Grantee, or its assigns, fails to use said property as its storm drainage for a period of twelve (12) consecutive months and such failure is not RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of il- legibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instru- ment was filed and recorded. 009- 53- 2169 the result of force majeure or by order or direction of any duly constituted public authority having jurisdiction of the subject matter. The Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, remove, or maintain storm drainage improvements on said easement and right-of-way and operate thereon all necessary machinery and equipment to efficiently prosecute the work. It is specifically understood and agreed that Grantor reserves the right now and in the future to cross said drainage easement with any roadways, parking lots, utilities, detention ponds, embankments or such other uses appropriate for development of the property for the highest and best use in the sole judgment of the Grantor, provided that such use does not unreasonably interfere with Grantee's use of the easement (it being understood that the location of detention ponds, roads, parking lots and, or, utilities within the easement shall not be deemed an unreasonable interference of Grantee's use) . Grantor expressly reserves and retains unto itself, its successors, assigns, tenants, subtenants, agents, and licensees, the right to construct fences, electric light and power lines, water lines, gas lines, telephone and other utility lines, and railroads, roads and passageways over, across and along (but not along and within) said easement and right-of-way and otherwise to use and enjoy all of said premises, provided, however, Grantor HGHOUI:MARTING/95747 (2) • 009- 53-2170 shall not exercise such use and enjoyment in a manner that will interfere with the rights herein granted. Grantee does hereby covenant and agree to indemnity and hold Grantor free and harmless against any and all loss, damage, claims, demands, suits, payments, costs, and expenses, including court costs and attorneys' fees which Grantor may suffer, incur or pay or to which it may be made liable including, but not limited to, any injury or damage to property, real, personal or mixed, or for personal injuries, casualties, accidents or death resulting to (i) any employees, agents, invitees, representatives, or contractors of Grantee, including those of any contractor or subcontractor of Grantee by reason of, arising out of, incident to, or in any way connected, directly or indirectly, with the performance or exercise or failure to perform or exercise any rights contemplated or operations hereunder or the existence of said drainage easement even if resulting from the concurrent or joint negligence of Grantor, thereby excluding from this indemnity only any injury or damage resulting solely from the negligence or willful acts of Grantor which is the sole proximate cause thereof, and (ii) tc any cther persons or property by reason ov, arising out of, incident to or in any way connected directly or indirectly, with the performance or exercise or failure to perform or exercise any rights contemplated or operations hereunder to the extent of any negligence of Grantee, its employees, agents, invitees, HGHOUI:MARTING/95747 (3) 009- 53- 2171 representatives, or contractors of Grantee, including those of any contractor or subcontractor of Grantee. All of the rights reserved for the Grantor hereunder shall run with the land and apply to the heirs, successors, and assigns of the Grantor.IN WITNESS WHEREOF, this instrument is executed this /6 day of December, 1993 . 3 NY E• LIMITED PARTNERSHIP By: PEAR THREE CORP.ORAT-I6N-, it.- Sole General Partner By: Name: y Title Ulcr PRESID&,rr Grantee: City of Friendswood 109 Willowick Friendswood, Texas 77546 THE STATE OF NEW YORK § § COUNTY OF NEW YORK § J . t4 This instrument was ack owledged before me o this (P day of December, 1993 , by J.//J 1jf(o,,11F,L , Vice_ �QFSrd'4I- of PEAR THREE CORPORATION, on behalf of said corporation, as Sole General Partner of NY THREE LIMITED PARTNERSHIP. 3 444CW1t0/1--A-1 9)4Cit2LO My Co i sion Expires: 7Nary Public in and for the i i I Cj� STATE OF NEW YORK //// JEANNIE ROMA D'AMATO Notary Public,State of New Yolk No.52-01 R05019866 Qualified in Suffolk County Commission Expires Nov.1,19, .5 HGHOUI:MARTING/95747 (4 CIN OF FRIENDSWOOD Attn:City Secretary 109 Willowick Friendswood,Texas 77546-3898 . J09 - 53 - 2172 • EXHIBIT A A parcel of land containing 1193 square feet (0. 0274 Acres) more or less out of Lot 5, Block 8 , Antoinette Voss Subdivision according to the plat thereof recorded in Volume 254A, Page 9 , Map Records, Galveston County, Texas, said 1193 square foot tract being in the Sarah McKissick or J. R. Williams League, Abstract No. 151, Galveston County, Texas, and being more particularly described as follows: COMMENCING at a found 5/8 inch iron rod on the most southerly southeasterly corner of the Friendswood Retirement Center according to the plat thereof recorded in Volume 18 , Page 122 , Map Records, Galveston County, Texas, said iron rod being on the northerly line of Winding Way, 60 feet wide; THENCE, S 46°36' 12" E, along the northerly line of the said Winding Way a distance of 449 . 19 feet to the POINT OF BEGINNING. THENCE, S 88°29 ' 30" E, a distance of 129 . 48 feet to a point in the westerly line of FM 528 , 120 feet wide; THENCE, S 44 °29 ' 37" W, along the westerly line of the said FM 528 a distance of 14 . 40 feet to a point on the northerly line of a 40 foot wide Exxon Pipeline Company easement as recorded in Volume 18 , Page 122 , Map Records, Galveston County, Texas; THENCE, S 88°29 ' 30" W, along the northerly line of the said Exxon Pipeline Company easement a distance of 109 . 09 feet to a point on the northerly line of the said Winding Way; THENCE, N 46°36' 12" W, along the northerly line of the Salk Winding Way a of l4 . 1 ;7 foot to the POINT OF BEGINNING and containing 1193 square feet (0. 0274 Acres) of land more or less. 87562 CITY OF FRIENDSWOOD Attn:City Secretary 109 Willowick Friendswood, Texas 77546-3898 f 009 - 53- 2173 • • • FILED FOR RECORD gG FEB 23 �' I I ��\-019202/?,, 0. (jJ'_ ' COUNTY CIERK �' `� GALVES1ON fCllit;tY_iEXCS (NJ ��RG��'' ' O Rp E�\cc.0"- 19S j7c2,\ STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of seal Property of Galveston County Texas, on FEB 2 3 1994 0)v r, CSO City of d �t. COUNTY CLERK z�en swoad GALVESTON CO., TEXAS 109 VVILLOVVICK FRIENDSWOOD TEXAS 77546 3898 • • 411, Mayor �5 EVELYN NEWMAN •fr �� ';*.�! Councilmembers • £?Lty Of9'ziEncIuJood MEL P. MEASELES TOM MANISON •'.�� + r � • 109 WILLOWICK 7131482-3323 ED STUART FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY JANIS LOWE City Manager 18l RONALD E. COX ♦� City Secretary =5-- DELORIS McKENZIE, T.R.M.C. February 21, 1994 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: DRAINAGE EASEMENT: Winding Way and F.M. 528 Right of Way 1193 Sq. Ft ( 0. 0274 acres) more or less out of Lot 5, Block 8, Antoinette Voss Subdivision, Galveston County, Texas. Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant to the City Secretary Attachments: - 5 -