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HomeMy WebLinkAboutUtility Easement - Edward J. & Ola J. Stanton - 511 S SHADOWBEND AVE EASEMENT STATE OF TEXAS § KNOW ALL MEN BY COUNTY OF GALVESTON § THESE PRESENTS : THAT WE, Edward J. Stanton and wife , Ola J. Stanton, hereinafter called "Grantor" , for and in consideration of the sum of THREE HUNDRED THIRTY DOLLARS ($330. 00) to us in hand paid by the City of Friendswood, a duly and legally 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 CON- VEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee , its successors and assigns and legal re- presentatives , a perpetual easement and right of way for the purpose of maintaining, constructing , reconstructing, repairing, relocating, and removing a sewer line and related facilities over the above described property situated in Galveston County, Texas : Being a 15 foot wide utility easement over and across Lot 67 of Imperial Estates Section Two , a subdivision of part of Lot 9 of Friendswood, Sarah McKissick or J. R. Williams League , Abstract 151 , Galveston County, Texas , as appears of record in Map Book No. 254-A at page no. 87 of the records of Galveston County, and being more particularly described as follows : Beginning at a point marked by a 1" iron pipe in the southeasterly line of the said Imperial Estates Sec- tion Two , said point being the common southeasterly corner of Lot 66 and Lot 67 of the said Imperial Estates Section Two ; Thence N 45° 00' W 190. 0 ' with a southwesterly line of Lot 67 of the said Imperial Estates Section Two , and being also a couuuon line with Lot 66 and the end of a 30' road to a point in the southeasterly line of Lot 68 of the said Imperial Estates Section Two; Thence N 33° 31 ' 05" E 15 . 31 ' with the common line of Lot 67 and Lot 68 of the said Imperial Estates Section Two to a point for corner; • Thence S . 45° 00' E 193 . 05 ' to a point in the south- easterly line of Lot 67 of the said Imperial Estates Section Two ; Thence S 45° 00' W 15 . 0 ' to the place of beginning and containing 0. 066 acres of land more or less . There is further conveyed a temporary construction easement for the period of three years from the date of the execution of this easement or upon completion of the construction and in- stallation of the facilities contemplated by this grant within the permanent right of way granted hereby, whichever first occurs . Such temporary construction easement being more particularly described as follows : Being a 15 foot wide temporary construction ease- ment adjoining the above described utility easement to the northeast , and lying over and across Lot 67 of Im- perial Estates Section Two , a subdivision of part of Lot 9 of Friendswood, Sarah McKissick or J. R. Williams League, Abstract 151 , Galveston County, Texas , as appears of record in Map Book No. 254-A at page no . 87 of the records of Galveston County, and being more particularly described by metes and bounds as follows : Beginning at a point in the common line of Lot 67 and Lot 68 of the said Imperial Estates Section Two , and lying N 33° 31 ' 05" E 15 . 31' from the westerly corner of Lot 67 of the said Imperial Estates Section Two ; Thence N 33° 31 ' 05" E 15 . 31 ' with a common line of Lot 67 and Lot 68 of the said Imperial Estates Section Two to a point for corner; Thence S 45° 00' E 166 . 09 ' to a point for corner; Thence S 45° 00' W 15 . 0 ' to a point in the northeasterly line of the heretofore described utility easement; Thence N 45° 00' W 163 . 05 ' with the northeasterly line of the heretofore described utility easement to the place of beginning and containing 0 . 062 acres of land more or less . TO HAVE AND TO HOLD the above described easement and right of way, together with all and singular the rights and appur- tenances thereto in anywise belonging, including all necessary rights of ingress , egress , and regress , unto the said Grantee , its successors and assigns , forever. And Grantors do hereby bind themselves , their 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 , -2- 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 construct, reconstruct , repair, relocate, remove or maintain a sewer line on said easement and right of way and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof, this instrument is executed this day of , 1978. Grantor Grantor STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared Edward J. Stanton and wife, Ola J. Stanton, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1978 . Notary Public in and for -3- STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 0 EASEMENT That Edward Stanton and wife, hereinafter called "Grantor," for a good and valuable consideration, paid by the City of Friendswood, of the County of Galveston, Texas, here- • inafter called "Grantee," does hereby grant, sell, and convey unto Grantee an easement and right-of-way upon and across the following de- scribed property of the Grantor: A 15 ft. wide permanent easement along the southwesterly line of Lot 67 of Imperial Estates Section Two, a subdivision of part of Lot 9 of Friendswood, Sarah McKissick or J. R. Williams League, Abstract 151, Galveston County, Texas. The easement and right-of-way hereby conveyed shall be a 15 foot wide permanent easement along the southwesterly line of Lot 67 of Imperial Estates Section Two. and more particularly described as follows: BEGINNING at a point marked by a 1" iron pipe in the southeasterly line of the said Imperial Estates Section Two, said point being the common southeasterly corner of Lot 66 and Lot 67 of the said Imperial Estates Section Two; THENCE N 45°00' W 190.0' with the southwesterly line of Lot 67 of the said Imperial Estates Section Two, and being also a common line with Lot 66 and the end of a 30' road to a point in the southeasterly line of Lot 68 of the said Imperial Estates Section Two; THENCE N 33°31'05" E 15.31' with the common line of Lot -67 and Lot 68 of the said Imperial Estates Section Two to a point for corner; THENCE S 45°00' E 193.05' to a point in the southeasterly line of Lot 67 ' of the said Imperial Estates Section Two; THENCE S 45°00' W 15.0' to the place of beginning; SAID boundary enclosing an area of 0.066 acres out of the Sarah McKissick or J. R. Williams League, Abstract 151. -2- • The right-of-way, easement, rights, and privileges herein granted shall be used for the purpose of placing, constructing, operating, repairing and maintaining pipelines for the transmission of water and sewerage. The easement, rights, and privileges herein granted shall be perpetual. Grantor hereby binds himself, his heirs, and legal repre- sentatives to warrant and forever defend the above described easement and rights unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or con- flicting rights within the area conveyed by this grant. This instrument shall be binding upon the heirs, executors, admini- strators, successors, and assigns of the parties hereto. In addition to the easement, rights, and privileges herein conveyed, Grantee shall have the right to use so much of the surface of the hereto- fore described property of Grantor as may be reasonably necessary to construct and install within the right-of-way granted hereby the facilities contemplated by this grant. Upon the completion of such con- struction and installation, Grantee shall replace and restore all fences, walls, or other structures which may have been relocated or removed during the construction period, and Grantee shall pay Grantor reasonable compensation for such fences, walls, or structures which may not be replaced. -3- IN WITNESS WHEREOF, this instrument is executed this day of ,1976. Grantor Grantor STATE OF TEXAS • COUNTY OF GALVESTON 0 BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged to me that he(they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1976. Notary Public in and for Galveston County, Texas -4- RALPH L.LOWE Mayor :±: : C.MOR City • d of rien swoo men RICHARD L.HAKEN PAUL E.MAAZ 109 WILLOWICK - PHONE 482-3323 WILLIAM B.PATTON MILTON L.WINDLER FRIENDSWOOD, TEXAS 77546 EDWARD O.ZEITLER June 4, 1976 F, I O -3no 5L.111 Dol aver Houston, Texas 77027 Dear Property Owner As you know, .the City of Friendswood, in conjunction with others, is about . to embark on a sewage treatment program which will eliminate four existing sewage treatment plants. This concept of regionalization of sewage treat- ment facilities is in keeping with the dictates of the Texas Water Quality Board and the Environmental Protection Agency. In order to effectuate this program, we must obtain easements for con- structing major sewage interceptor lines. A small portion of your property will be affected in placing one of those mains. We are requesting an ease- ment from you on your property described as a permanent easement across Lot 6, Block 9 of the Friendswood Subdivision. We need to obtain easements as shown on the attached drawing. Of this, a portion is a permanent easement, while the remainder is only a construction easement and will be no longer needed after the work is completed. The City Council has authorized me to offer $5,000.00 dollars per acre for the permanent underground easement if you will also grant the temporary construction easement. Every effort will be made to preserve any large trees on the temporary construction easement and the area will be returned as nearly as possible to its original condition. In your case, the offer is $740.00 dollars for 0.148 acres. Your cooperation in this , endeavor will be appreciated. yer or Mroon of the City Staff will be available to answer any questions you may have concerning the easements. Yours very truly, James C. Morgan City Manager JCM:mw DESCRIPTION OF TRACT B-110-T FOR THE CITY OF FRIENDSWOOD, A TEMPORARY CONSTRUCTION EASEMENT ADJOINING TRACT B-110 TO THE SOUTHWEST, SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION OF CONSTRUCTION, AND LYING WITHIN LOT 6, BLOCK 9 OF THE FRIENDSWOOD SUBDIVISION, SARAH McKISSICK OR J. R. WILLIAMS LEAGUE , ABSTRACT 151, GALVESTON COUNTY, TEXAS , AS APPEARS OF RECORD IN BOOK 524-A AT PAGE 4 OF THE RECORDS OF GALVESTON COUNTY, EXTENDING FROM THE NORTHWESTERLY LINE OF LOT 7, BLOCK 5 OF HERITAGE ESTATES SECTION ONE , A SUBDIVISION OF PART OF LOT 1 , BLOCK 10 OF THE FRIENDSWOOD SUBDIVISION AS APPEARS OF RECORD IN PLAT BOOK NO. 15 AT PAGE NO. 7 OF THE RECORDS OF GALVESTON COUNTY, TO THE SOUTHEASTERLY LINE OF LOT 66 OF IMPERIAL ESTATES SECTION TWO, A SUBDIVISION OF PART OF BLOCK 9 OF THE FRIENDSWOOD SUBDIVISION, AS APPEARS OF RECORD IN MAP BOOK NO. 254-A AT PAGE 87 OF THE RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point in the northwesterly line of lot 7, block 5 of the said Heritage Estates Section One , said point being S 45°00 ' W 15.01 ' from the northerly corner of said lot 7, and being also the southerly corner of tract B-110 ; THENCE S 45°00 ' W 30.02 ' with the northwesterly line of lot 7, block 5 to a point for corner; THENCE N 51°39 ' 29" W 430.47 ' to a point in the southeasterly ' line of lot 66 of the said Imperial Estates Section Two to a point for corner; THENCE N 45°00 ' E 30.02 ' with the southeasterly line of lot 66 of the said Imperial Estates Section Two to the common southeasterly corner of lot 66 and lot 67 of the said Imperial Estates Section Two, said point being marked by a 1" iron pipe and being the westerly corner of tract B-110 ; THENCE S 51°39 ' 29" E 430. 47 ' with the southwesterly line of tract B-110 to the place of beginning; SAID boundary enclosing an area of 0. 296 acres out of the Sarah McKissick or J. R. Williams League, Abstract 151. /?- E. B. Mansfiel , P.E. Registered Pub is Survey, r No. 517 Form 52A 5M-7-64-H. EXAMINER'S REPORT Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.No. 9730—A CORRECT DESCRIPTION OF PROPERTY: TNF SURFACE ONi V of Part of I of h i n R1 ock 9 Toff a Frei,dnswood Subdivision_ out of the Sarah McKissick or J. R. Williams League in Galveston County, Texas, and being more fully described by Metes and Bounds as attach' hPrPtn- Map Volume Page Records Title In: C. J. Bonno As of April 26, 1978 Date By Deed Dated 8-26-52 From W. J, Nutto and wife, Martha Recorded,Volume 967 Page 235 SUBJECT TO: 1. Mortgage Liens,First 2. Mortgage Liens,Second: 3. Paving Liens: 4. Abstracts or Judgments: 5. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: RPCPrvatinn of all mine_als as set out in Volume 967. Page 235 All in Volume 869,Page 56 ((Part) and 1/2 reserved in Voluje 325, Page 350 (part) 9. Royalties: 1//39 regarvarl i n Vnlum 597, Page 179, 10. Pipe Lines: 11. Rights-of-Way: 12. Easements: 13. Restrictions: _ _1 14. Party Wall Agreements: 15.This report is subject to any discrepancies in. area and boundary which a survey would reveal, over- lapping of improvements, encroachments, taxes, rights of parties in possession, including adverse pos- session, any unrecorded easements which may be apparent upon the ground and proof of payment of bills in connection with recent construction. 16.Miscellaneous: Maratial and homestead status from 8-20-52 to date J.A. ATTORNEY 1 ' IMPERIAL ESTATES SECTION 2 LOT 66' + LOT 67 �. N4t5°ODE I �� .30.02•' / /° %ri Pip e 5 u.E N4JS°00'E GCALE. I"= 50'-0" i ,‘ 1 i I 30 FT. CONSTRUCTION j � � ' EASEMENT 3a .- '( PARCEL NO. B-110-T 4ris AREA R 0.296 ACRES ! 1 • 1 IN ,�' 1 a I 15 FT. SANITARY SEWER 0 Q In 1- EASEMENT C.J. BONN TRACT d' I_ I PARCEL NO. B- I10 1 AREA = 0.148 ACRES J Iml ICI 1 . 1)\ tI :, In �I I + I , 1 I � 1 M I ,I 5=::: 1 I 1 4N ' kviroP __ __ _ _....„-- -_-_, .•• LOT 7 i I POINT OF BEGINNING s=„- - BLK. 5 - I 1 N CORNER-LOT 7 : ; 545°OD'`V-/5.D/' HERITAGE ESTATES "• ` _ SECTION ONE •!' I, E.5. /Yfaasfie/d, cer/ify /hat this plat carr¢c ly ••; i- -s , t.� ,4 survey rn_ade 9f' /he grow7d. >„ �"� � , -VI••y ' ,/A"-- •�a../i �•-..r.�...-;_:�• ��a..�. � ate..--. ,, 4 ` ``-' ; i '�sl f. lY/arisfie/d Date '`-J R . Pub/ic Sutveyor '`5/7 yr, RAL►H L. LOWE Mayor JAMES C.MORDAN Clty Marlow g d td City o rZen S VUoo COY cllRA iENNV p. RAKER RICHARDL. N4KEN ►AUL E.MAAZ 109 WIL.LOWICK • PHONE 482.3323 WILLIAM B,►ArTON MILTON L.WINDIER FRIENDSWOOD, TEXAS 77546 EDWAROO.ZEITLER May 3, 1976 / • Mr. Edward Stanton 511 Shadowbend Friendswood, Texas 77546 Dear Mr. Stanton: As you know, :the City of Friendswood, in conjunction with others, is about to embark on a sewage treatment program which will eliminate four existing sewage treatment plants. This concept of regionalization of sewage treat- ment facilities is in keeping with the dictates of the Texas Water Quality Board and the Environmental Protection Agency. In order to effectuate this program, we must obtain easements for con- structing major sewage interceptor lines. A small portion of your property will be affected in placing one of those mains. We are requesting an ease- ment from you on your property described as a 15 ft. wide permanent easement along the southwesterly line of Lot 67 of Imperial Estates Section Two. We need to obtain easements as shown on the attached drawing. Of this, a portion is a permanent easement, while the remainder is only a construction easement and will be no longer needed after the work is completed. The City Council has authorized me to offer $5,000.00 dollars per acre for the permanent underground easement if you will also grant the temporary construction easement. Every effort will be made to preserve any large trees on the temporary construction easement and the area will be returned as nearly as possible to its original condition. In your case, the offer is $330.00, dollars for 0.066 acres. Your cooperation in this , endeavor will be appreciated. Mr. Dale Cryer or Mr. Ken Toon of the City Staff will be available to answer any questions you may have concerning the easements. Yours very truly, James C. Morgan City Manager JCM:mw r'. Form 52A EXAMINER'S REPORT Y+p Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.No.±'/77-� CORRECT DESCRIPTION OF PROPERTY: 4-- s/.i G,1/ A G 7",, /!•r C.L9✓c"/ram -- #Let /Lli/e0' f "L, j ✓`e C 4&G f4...4/ 14) 2-5-4 ,4/r 7 . v- 4 e,..y, .•.. .>.._e .l61 2._C..4e./ ,i • /tT //‘ 4./ f,:A/•i e-4, *L H e.,Z �.",)hi L/�v le, t'/zeGi 6-fit °;7^ 6///--7)t. /-/ (MaapVolume Page Records Title In: C�t4- 1 D/ 5.J im.f 77 Al 43- L....--14. ©f ci "1 -e-/ As of --. R f /////2 j Tp 1 Date //J By Deed Dated 5 -1 7 2- - From _J .�1 C.. , .-,a- --- ,.,�s a,--` G, / 7e, J Recorded,Volume Z2-6 Page 2).6 SUBJECT TO: •1. Mortgage Liens,First 1"/2- 22 6 //2-240 i O 4'."/^ -✓'`wi �al C. 6, i-• --f' O l 9 S ; ,O/7 7- -J-' t,<.. �,/ S�.- -tom y d:�� .,.-y ted .. 4/ JG[(--,,-�r /�r1DI, c7/.747.a ./ 7 2� ifia U LP J _J J !e-e A "e- T 3. Paving Liens: Ala.klj ?;,7_,a„ic•e. /4.,• 7 /-1 /t / O i 4. Abstracts or Judgments: ,✓✓/ T 5. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: /il/ /1-7.3. 7//7/2j 9. Royalties: 10. Pipe Lines: 11. Rights-of•Way: / / ,�/ 1 12. Easements: /., /!f/ L �I /v��' ....-4)4 a 5 '-S3✓kie4.,/ .S r s..) -Ct-t'G • 1_,.. /1/cP7 dL 1.. Restrictions: /�I /'` ci . 14. Party Wall Agreements: ,/ — 15.This report is subject to any discrepancies in. area and boundary which a survey would reveal, over- lapping of improvements, encroachments, taxes, rights of parties in possession, including adverse pos- session, any unrecorded easements which may be apparent upon the ground and proof of payment of bills in connection. with recent construction. 16.Miscellaneous: i✓ e , P - /.-177J— x TORN; Form 62A 6M1-7-64-1i. EXAM NEWS REPORT Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.to._4977-A CORRECT DESCRIPTION OF PROPERTY: Part of lot 67 of Imperial Estates, Section 2, a s/d in GCT, according to the map thereof recorded in 245-A/87; and being more fully described by M/B by survey an`d field notes in f' ls_ T-rrB=lu�_and Trae, B i J Map Volume _Page Records Title In: Edward J. Stanton and wife Ola Jonel As of 11/1/76 Date By Deed Dated 5/t5/72 From Jay C. Brewing and wf 01 .41 Recorded,Volume 2261 Page 226 SUBJECT TO: 1. Mortgage Liens,First V/L 2261/226 in deed from Jay C. Browing and wf • _ • ; D/T 2258/745 Edward J. Stanton and wife Ola Jonel to Raymond M. Hill T/' 2. Mortgage Liens,Second: 3. Paving Liens: Maintenance charge 1496/489 4. Abstracts or Judgments: 5. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: A l l res. 711/175 9. Royalties: _ 10. Pipe Lines: —_ 11. Rights-of-Way: 12. Easements: Utility (5' Northwest and 5' _ •. "t -A/8L 13. Restrictions: 1496/489 14. Party Wall Agreements: 15.This report is subject to any discrepancies in area and boundary which a survey would reveal, over- lapping of improvements, encroachments, taxes, rights of parties in possession, including adverse pos- session, any unrecorded easements which may be apparent upon the ground and proof of payment of bills in connection with recent construction. 16.Miscellaneous: Survey in file by E. B.Mansfield dated 12/15/75 JA ATTORNEY