HomeMy WebLinkAboutWater and Sewer Easement & Temporary Construction Easement - Norris Estate - 113 N FRIENDSWOOD DR STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That The Norris Estate iii/iifi4
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 permanent easement across that
certain 0.42 acre tract described in deed from Elton Roberts and wife,
Vera, to Jack Hensley and wife, June.
The easement and right-of-way hereby conveyed shall be a permanent
easement across that certain 0.42 acre tract described in deed .
and more particularly described as follows:
BEGINNING at a point in the northeasterly right-of-way of FM Highway
518 marked by a 1/2" iron rod at the southerly corner of the said
Hensley tract;
THENCE in a northwesterly direction with the northeasterly right-of-
way line of FM Highway 518 15.0' ;
THENCE N 45°00' E 123.2' to a point in the common line of the
Hensley 0.42 acre tract and the Richmond 4.299 acre tract;
THENCE S 45°00' E 15.0' with the common line of the said Richmond
and Hensley tracts to the easterly corner of the Hensley 0.42 acre
tract;
THENCE S 45°00' W 123.2' with the common line of the Hensley 0.42
acre tract and the Hensley tract described by deed from Edward T.
Magee and wife, Vivian, to Jack Hensley and wife, June, as recorded
in book no. 1529 at page 211 of the Deed Records of Galveston
County to the place of beginning;
SAID boundary enclosing an area of 0.042 acres out of the Perry and
Austin League, Abstract 20.
-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-
STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That The Norris Estate ,
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 temporary 25' construction easement
adjoining Tract D-107 to the northwest, said easement to revert to
original ownership upon completion of construction, and lying within
that 0.42 acre tract described in deed from Elton Roberts and wife,
Vera to Jack Hensley and wife, June.
The easement and right-of-way hereby conveyed shall be a temporary
25' easement adjoining Tract D-107.
and more particularly described as follows:
BEGINNING at a point in the northeasterly right-of-way, of FM Highway
518, said point lying N 45°00' W 15.0' from the southerly corner of
the said Hensley 0.42 acre tract;
THENCE in a northwesterly direction with the northeasterly line of
the right-of-way of FM Highway 518 25.0' ;
THENCE N 45°00' E 123.2' to a point in the common line of the
Hensley 0.42 acre tract and the Richmond 4.299 acre tract;
THENCE S 45°00' E 25.0' with the common line of the said Hensley
0.42 acre tract and the Richmond 4.299 acre tract;
THENCE S 45°00' W 123.2' with the northwesterly line of tract D-107
to the place of beginning;
SAID boundary enclosing an area of 0.071 acres out of the Perry and
Austin League, Abstract 20.
-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 thLc day
of ,1976.
Grantor
Grantor
STATE OF TEXAS Q
4
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-
PERRY 8& AUSTIN SURVEY
SCALE I 5d-0"
25 FT. CONSTRUCTION
EASEMENT
PARCEL NO. D-107T
AREA = 0.0707 ACRES
rr,
JACK HENSLEY AND
WIFE JUNE
s
i tV;
0.42 AC Iti
TRACT p1 (5*
Oi
I o0 a
!,1I v)
°I
JACK HENSLEY AND 15 FT. SAN ITARY SEWER
al
WIFE JUNES '�* L� ►� EASEMENT
PARCEL NO. D-I07
so
AREA = 0.0424 ACRES
I
c
Fnd3/4 I. P
POINT OF BEGINNING
FND. 1/2 I.ROD
4 OF F M 5/8
• I, E.B./Y/ans(ie/d, certify that this correc/Jy
(%6;_ !'4.3T,w.io re r fs stir✓ey e/or7 the yrozmd
1 6/7 5-
E. B.`Ald's fid .1)0/e
homey. f,b/,c urveyor #5/7
k
PERRY & AUSTIN SURVEY
SCALE :1"=50' 0"
25 FT. CONSTRUCTION
EASEMENT
PARCEL NO. D•-I07T
AREA = 0.0707 ACRES\ L j
I JACK .HENSLEY AND
WIFE JUNE'.:.w
- or, —
1 _.c„ ,
0.42AC , 1 0
TRACT w -.1 fili ��
tii Di
104 a
DID r�
JACK HENSLEY AND of
15FT SANITARY SEWER
�
WIFE JUNE tee@ EASEMENT
PARCEL NO. D-IO7
i AREA = 0.0424 ACRES
:1
c , v
Fnd. 3/4 I.P
POINT OF BEGINNING
FND. I/2 " I.ROD
� 41- •
� .0..
'hT . 4'
L. 13. MANSFIELD ° ,
I E.B.Mans field, cer/ify /hat /his,/a/ear/lee-fly .
517 0. ' '
G 9
lSTE
rg ik/V4Z): re 7 fa a' S Ur v4 _ .e O(7. /?QQ�
-' - . . I,00 , . .0, . .. / . , ., .
E. 5 0. /75 fr d .1).aie
/�e9. Pub/ic ,..urveyor '5/7
i RALPH L. LOWE
Mayor
JAMES C.MORGAN
• City Manapar
City offrendswood C Coundlman
BENNV R.BAKER
RICHARD L. HAKEN
PAUL E.MAAZ
109 WILLOWICK PHONE 482-3323 J WILLIAM B.PATTON
`J/ MILTON L.WINOLER
FRIENDSWOOD, TEXAS 77546 EDWARD O.ZEITLER
May 3, 1976
l07
The Norris Estate
c/o Charles A. Shelton First City National Bank Bldg.
P.O. -Box 809
Houston, Texas 77001
•
Dear Mr. Shelton:
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 that
certain 0.42 acre tract described in deed from Elton Roberts and wife, Vera
to Jack Hensley and wi£.e, June.
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 $210.00 dollars for 0.042 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
DESCRIPTION OF TRACT D-107-T, A TEMPORARY 25 ' CONSTRUCTION
EASEMENT ADJOINING TRACT D-107 TO THE NORTHWEST, SAID EASE-
MENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION OF
CONSTRUCTION, AND LYING WITHIN THAT 0. 42 ACRE TRACT DESCRIBED
IN DEED FROM ELTON ROBERTS AND WIFE, VERA TO JACK HENSLEY
AND WIFE, JUNE , RECORDED IN BOOK 1809 AT PAGE 491. OF THE
DEED RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a point in the northeasterly right-of-way of FM
Highway 518, said point lying N 45°00 ' W 15.0 ' from the
southerly corner of the said 1en ,ley 0.42 acre tract;
THENCE in a northwesterly direction with the northeasterly
line of the right-of-way of FM Highway 518 25.0 ' ;
THENCE N 45°00 ' E 123.2 ' to a point in the common line of the -e-��
He3rm-key 0.42 acre tract and the Richmond 4. 299 acre tract;
<"
THENCE S 45 °00 ' E 25.0 ' with the c mmon line of the said
lierrs-rey 0.42 acre tract and th Richmond 4. 299 acre tract;
THENCE S4. °00 ' W 123. ' with the northwesterly line of taet
72a,
to place o beginning• .i-i s:4-, • �+7'
beundary Pnclosing..,-an-- area :of 0 071 ..acres out—of-the
Perry-.,:-and-=Austin--League-,--Abstract- 20.
K......._______
7),,a„ ... f
2 o' - •
E. B. Mansfield, P.E.
Registered Public Surveyot' No. 517
r•
DESCRIPTION OF TRACT D-107 FOR THE CITY OF FRIENDSWOOD, BEING
A PERMANENT EASEMENT ACROSS THAT CERTAIN 0. 42 ACRE TRACT
DESCRIBED IN DEED FROM ELTON ROBERTS AND WIFE , VERA TO JACK
HENSLEY AND WIFE , JUNE , RECORDED IN BOOK 1809 AT PAGE 491 OF
THE DEED RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a point in the northeasterly right-of-way of FM
Highway 518 marked by a 1/2" iron rod at the southerly corner
of the said I D, 42 ..e.- :_. = -4,4„6G.
THENCE in a northwesterly direction with the northeasterly
\right-.of_way line of FM Highway 518 15.0 ' ;
THENCE N 45°00 ' E 123. 2 ' to a point in the common line of the Awca
y 0.42 acre tract and the Richmond 4. 299 acre tract;
THENCE S 45°00 ' E 15.0 ' with tpe common line of the said
/ Richmond and ns?e 'tracts to the easterly corner of the ..441 d -
IIensly- 0.42 acre tract;
\,
� THENCE S 45°00 ' W 123. 2 ' with the common line of the ley
0. 42 acre tract and the Hensley tract described by deed from
/ Edward T. Magee and wife, Vivian to Jack Hensley and wife,
f
June, as recorded in book no. 1529 at page 211 of the Deed
Records of Galveston County to the place of beginning)
-acing-ax _ar.e.a__of---0.042_-acres-out-of-the
Perry and Austin_League,_..A_.bstract_.20_.
/le ,
'. .f.--211/9
E. B. Mansfield, P.E.
Registered Public Surve ;r No. 517
•
S+ '.�1"T.•,+��G'.7ii .� i'.n�N.-.-T.'-";.\ M`'.,."..` ry��WYr '. RvfY t'7�.p.r . :vl y ""
form 62A''5M 7-64 H.
EXAMINER'S REPORT
Closer's Notes
FOR: STEWART TITLE GUARANTY COMPANY G.F.No, 4976-A
CORRECT DESCRIPTION OF PROPERTY: Y '
Part of the Perry and Austin League, in GCT, .and bieng more fully descr bed
by M/B in Survey and field notes in file (Tract D-107 add Tract D-107-T
Map Volume Page Records
Citlein: First City National Bank as Trustee for the Earl C. Norris, II
Trust and as Trustee for the Jan 431. William Norris Trust; and
Anna Mae Norris
As of 11-4-3-4-76 '3
/ Sub. Tr. Date
By Deed Dated 5/13/75 From Jack Hensley and wf. June
By Trustee Recorded,Volume 2569 Page 524
SUBJECT TO:
1. Mortgage Liens,First
2. Mortgage Liens,Second:
3. Paving Liens:
4. Abstracts or Judgments:
6. Federal Liens:
6. Life Interest:
7. Leases:
8. Minerals:
9. Royalties:
LO. Pipe Lines:
f1. Rights-of-Way: 1351/623 and 1483/315 to Galv. cojmty Water Control an d Is provement District #15
L2. Easements:
L3. Restrictions:
L4. Party Wall Agreements:
1.5.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: Req. ck pbt. for Earl C. Norris, Dec'd. and return for
exam. Req. Sub. Tr. deed in 2569/524 be corrected (legal desc. it incosplete- the
Req. foreclosure affd. as to status okJack Hensley and wife June S. re•pecting
foreclosure in 2569/524 Survey with M/B field note desc . by E.B. M-nstield in file
dated 12/16/75--Req. proof that U.S.A. was afforded appropriate notice of foreclosure
iii 2569/524 with respect to Federal Ta Miens in 14/35, 14/57, and 14/4' 1
JA ATTORNEY
•
a 1 r ,�.l,"
Form 52A EXAMI N ER'S REPORT 4 �, 't :%N�' '.. ; " i � �� '
} S,
T;,.11 ,*. , : , r x-t A, •1,,,Closers Noter J. -.
FOR: STEWART TITLE GUARANTY COMPANY G.F.No. 4 `� 76'79 , , ' ,
CORRECT DESCRIPTION OF PROPERTY:
,Pa•,f v /-Cs . er a- /z.c1 Vie_ . e, <,J 6 L?'
1�r' , �4, 7 �3'Gr1 t'� .. --s,7/ /4 1
.,,r✓ 9(- rg'a /c/ .e /e., j.�t.le CT..G c 1.-G'-4)7 d TrGr cf P--/v 7—T)
7
,�,,
Map Volume Page Records
Title In: First G i 7/� 44 / r,.,2 /,, . -r/( - r 7 --.. i sv C
,t Av., .Ce✓//
C C . ,.✓iu, 11. /✓✓S- 4 as T✓,i,3- ee ,p ✓ /-ei. z-i-c, .,...7
1,/
As of --9': l///) 76
,- Date
By Deed Dated .�7/3/2 i From 3-0-c fC He ss/ c.J _ e 7�✓ C.
Recorded,Volume 23T6 Y Page -S-2-411_
i
S$B,Tiiel TO:
;: 7 74-1 k '• _1. /, ///Gf.4 Al4�9✓✓, r /✓ it 1
19it,u 414c Q- Aid✓skit
2, Mortgage Liens,Second:
3. Paving Liens:
4. Abstracts or Judgments:
6. Federal Liens:
6. Life Interest:
?. Leases:
8. Minerals:
9. Royalties:
10. Pipe Lines:
11. Rights-of-Way: 1 3_ l/6 2-3 t- /4593/3/J-k 6.C.IC/ (....r y et-4,_ �,,4-a/ - j,--Loa e- - t
12.Easements:
i3. Restrictions:
14. Party Wall Agreements:
-
16.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:/Gio9e . Ck,4 /, -a✓ / C. /U�✓,e_P,d Ir-, 9-re-f'�"•cl �e eicU�~i„
kGe/ . $‘14- t✓• LT/. t e-e r.'v 2-S& /c2 4 -_Li?✓re e 41 t kr £LS [mil•l C /.,e o.y`pe/E,k --f�
5eG.�-id c �z I/ ..s 0...7,,ie --C/se desc .., deeC! 1$(351.4-91)ct-we47'n'✓ -4o1/ e.XaM
/C .ec I d t3✓•t. C2'1'TU c.s t h. t- s CC :3- f"lC KS I 9 ./1 • J'-"f< S IQ..S p¢.c"1/ - _
-e.c tot id.L. )a 2 S&51 SZ-4 _
4...M M/Q Field ,.1.A c�+.e. 4y .43. /7a-es-fie ia'n- /e G �/1�/�17J'
4 �9,re.4 M.t u 3.AI w¢J' 4 is p,o.-o,,.a.s.x2. TORNEY
jlr,t 0l L,..,«f..s-.... i.v zs(oc/s2.-4 •4.<,14 r'e4 ce.T` #4 Fe.O/e---«, 74 r/<e.444 /t,✓ "40.1, /4A-7, 9-'41507
Form 52A 5M-7-64-H. yr
EXAM1 NER'S REPORT
Closer's Notes
FOR: STEWART TITLE GUARANTY COMPANY G.F.No. 4976-A
CORRECT DESCRIPTION OF PROPERTY:
Part of the Perry and Austin League, in GCT, and bieng more fully described
by M/B in Survey and field notes in file (Tract D-107 acid Tract D-107-T;
Map Volume Page Records
Title In: First City National Bank as Trustee for the Earl C. Norris, II
_I,zust and as Trustee for the Jan 40, William Norris Trust; and
Anna Mae Norris
As of 11/3/76
/ Sub. Tr. Date
By Deed Dated 5/13/75 From Jack Hensley and wf. June
By Trustee Recorded,Volume 2569 Page 524 -T
SUBJECT TO:
1. Mortgage Liens,First
2. Mortgage Liens,Second: 4110�
3. Paving Liens:
4. Abstracts or Judgments:
5. Federal Liens:
6. Life Interest:
7. Leases: L
8. Minerals:
9. Royalties:
10. Pipe Lines:
11. Rights-of-Way: 1351/623 and 1483/315 to Galv. county Water Control an d I' provement District #15
12. Easements:
13. Restrictions:
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: Req. ck pbt. for Earl C. Norris, Dec'd. and return for
exam. Req. Sub. Tr. deed in 2569/524 be corrected (legal desc. it incoiplete- the
Req. foreclosure affd. as to status a&Jack Hensley and wife June S. re•pecting
foreclosure in 2569/524 Survey with M/B field note desc. by E.B. M nstield in tile
dated 12/16/75--Req. proof that U.S.A. was afforded appropriate notice of foreclosure.
in2569/524 .with .respect to Federal Tarliens in 14/35, 14/57, and 14/4. 1
JA ATTORNEY
i/