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HomeMy WebLinkAboutUtility Easement - Donald Ray & Mary Helen Little - 102 MARY ANN DR EASEMENT STATE OF TEXAS § KNOW ALL MEN BY COUNTY OF GALVESTON § THESE PRESENTS : THAT WE, Donald Ray Little and wife, Mary Helen Little hereinafter called "Grantor" , for and in consideration of the sum of EIGHTY-FIVE ($85 . 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 suffi- ciency of which is hereby acknowledged, have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal represent- atives , 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 follow- ing described property situated in Galveston County, Texas : Being a 10 foot wide utility easement over and across lot 1 , block 3 of Annalea, Section 1 , in the Perry and Austin League, Abstract 20, Galveston County, Texas , according to the re- plat thereof as appears of record in Volume 1616 at page 21 of the Map Records of Galveston County, and being more particularly described as follows : BEGINNING at a point in the southwesterly line of the 100 ' right of way of FM Highway 518 and the southeasterly line of a 12 ' utility easement along the northwesterly line of said Annalea Section One , said beginning point lying S 59°50 ' E 12 . 41 ' from a 5/8" iron rod marking the most northerly corner of the said Annlea Section One ; THENCE S 59°59 ' E 0 . 04' with the southwesterly line of the 100 ' right of way of FM Highway 518 to the PC of a curve to the right ; THENCE 10. 31' with a curve to the right having a radius of 2814. 75 ' and the southwesterly line of the 100 ' right of way of FM Highway 518 to a point for corner; THENCE S 45°00 ' W 75 . 38 ' to a point in the coimnon line of lot 1 and lot 2 , block 3 , of the said Annalea Section One ; THENCE N 50°00' W 10. 04' with the common line of lot 1 and lot 2 , block 3 of the said Annalea Section One to a point for corner in the south- easterly line of a 12 ' utility easement ; THENCE N 45° 00' E 74. 59 ' with the southeasterly line of the 12 ' utility easement as shown on the replat of the said Annalea Section One to the place of beginning and containing 0 . 017 acres of land more or less . There is further conveyed a temporary construction easement for the period of one year from the date of the execution of this ease- ment or upon completion of the construction and installation of the facilities contemplated by this grant within the permanent right of way granted hereby, whichever first occurs . Such tem- porary 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 southeast , and lying over and above lot 1 , block 3 of Annalea, Section 1 , in the Perry and Austin League, Abstract 20 , Galveston County, Texas , according to the replat thereof as appears of record in Volume 1616 at page 21 of the Map Records of Galveston County, and being more particularly de- scribed as follows : BEGINNING at a point in the southwesterly line of the 100 ' right of way of Fm Highway 518 at the most easterly corner of the heretofore described utility easement , said point lying S 59°44' 30" E 22 . 75 ' from the most northerly corner of said Annalea Section One ; THENCE 15 . 52 ' with a curve to the right having a radius of 2814. 75 ' with the southwesterly line of the 100 ' right of way of FM Highway 518 to a point for corner which lies S 59°34' 44' E 38 . 28 ' from the most northerly corner of the said Annalea Section One ; THENCE S 45°00' W 76 . 00' to a point for corner in the couuuon line of lot 1 and lot 2 , block 3 of the said Annalea Section One ; THENCE N 50°00 ' W 15 . 06 ' with the common line of lot 1 and lot 2 , block 3 of the said Annalea Section One to the most southerly corner of the heretofore described utility easement ; THENCE N 45°00 ' E 75 . 38 ' with the southwesterly line of the heretofore described utility easement to the place of beginning and containing 0 . 026 acres of land more or less , -2- TO HAVE AND TO HOLD the above described easement and right of way, 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 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, 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 , 1977 . Grantor Grantor -3- SCALE 1"= 501-0u Z. /0.5/ .559°5PE ,e= 28/4.75 pm/549 , 0. ,04" �iS�Z---.559°44'305 IA' 12.41----- �i I C,4/22 75' � /0 ' v..4 / POINT OF BEGINNING 15 FT. CONSTRUCTION • EASEMENT 5' PARCEL NO. D-I08-T J2�� 1/03552 FM 5's4 7-- ' AREA =0.026I ACRES 5 L2. �� R frd 5/B ,� f • -- -- 5 59°50 /S DONALD RAY LITTLE --- U F .•PI / 8 WIFE MARY moist'% San 5°4' ' 1 1 h • } / � p LOTI I b BLK. 3 / , y IO FT. SANITARY SEWER oN /5.06- N.50 `V EASEMENT LOT A h M PARCEL NO. D - 108 BLK. I h /0.04' _ N-5D°W AREA =O.0172 041 4k , 1 I LOT 2 ' ' 4) I . (ii 4 , LOT 34 h LQ 0 ANNALEA ..,F ANNALEA KINGSPARK SECTION I SECTION 'A' rr . j, 3./Y/ansfie/cl, c¢rfi/y i'haf M s/b/a/co,-r-ec//y s ` . • 7--/bres¢j7/s a-stir v y /r?a v'¢ on /ha 9rour7d ,. r.77 4- 12 .ice -C :. t`,`�,.. E.B. /far)s ¢/c/ O f¢ /2¢9 . /"�.b/ic stjrve r,, 5/7 STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 0 EASEMENT That Donald Ray Little and wife, Mary 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 10 ft. easement across Lot 1, Block 3 of Annalea Section One in the Perry and Austin League, Abstract 20. The easement and right-of-way hereby conveyed shall be a permanent 10 ft. easement across Lot 1, Block 3 of Annalea Section One. and more particularly described as follows: BEGINNING at a point in the southwesterly line of the 100' right-of- way of FM Highway 518 and the southeasterly line of a 12' utility easement along the northwesterly line of said Annalea Section One, said beginning point lying S 59°50' E 12.41' from a 5/8" iron rod marking the most northerly corner of the said Annalea Section One. THENCE S 59°50' E 0.04' with the southwesterly line of the 100' right-of-way of FM Highway 518 to the PC of a curve to the right; THENCE 10.31' with a curve to the right having a radius of 2814.75' and the southwesterly line of the 100' right-of-way of FM Highway 518 to a point for corner; THENCE S 45°00' W 10.04' with the common line of Lot 1 and Lot 2, Block 3 of the said Annalea Section One to a point for corner in the southeasterly line of a 12' utility easement; THENCE N 45°00' E 74.59' with the southeasterly line of the 12' utility easement as shown on the replat of the said Annalea Section One to the place of beginning; SAID boundary enclosing an area of 0.017 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 0 0 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- - / RAC SHn CM.mL MO W E M• or • Cityofgriead oo 109 WILLOWICK - PHONE 482-3323 FRIENDSWOOD, TEXAS 77546 WAMLEAM.BPOAR O N NClty Mn•p• ENN R BAR RCHARD I. HN PAULE MA MILTON WINDLER EOWARD O.2EIT LER ' May 3, 1976 Mr. Donald Ray Little / /1 102 Mary Ann Drive Y/ Friendswood, Texas 77546 Dear Mr. Little: 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 10 ft. easement across Lot 1, Block 3 of Annalea Section One. 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 $85.00, dollars for 0.017 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-108 FOR THE CITY OF PRIENDSWOOD , BEING A PERMANENT 10 FT. EASEMENT ACROSS LOT 1 , BLOCK 3 OF ANNALEA SECTION ONE IN THE PERRY AND AUSTIN LEAGUE , ABSTRACT 20 , ACCORDING TO A REPLAT AS APPEARS OF RECORD IN VOLUME 1616 AT PAGE 21 OF THE MAP RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING at a point in the southwesterly line of the 100 ' right-of-way of FM Highway 518 and the southeasterly line of a 12 ' utility easement along the northwesterly line of said Annalea Section One, said beginning point lying S 59°50 ' E 12. 41 ' from a 5/8" iron rod marking the most northerly corner of the said Annalea Section One; THENCE S 59°50 ' E 0.04 ' with the southwesterly line of the 100 ' right-of-way of FM Highway 518 to the PC of a curve to the right; THENCE 10. 31 ' with a curve to the right having a radius of 2814. 75 ' and the southwesterly line of the 100 ' right-of-way of FM Highway 518 to a point for corner; THENCE S 45°00 ' W 75. 38 ' to a point in the common line of lot 1 and lot 2, block 3, of the said Annalea Section One; THENCE N 50°00 ' W 10.04 ' with the common line of lot 1 and lot 2, block 3 of the said Annalea Section One to a point for corner in the southeasterly line of a 12 ' utility easement; THENCE N 45°00 ' E 74. 59 ' with the southeasterly line of the 12 ' utility easement as shown on the replat of the said Annalea Section One to the place of beginning; SAID boundary enclosing an area of 0.017 acres out of the Perry and Austin League, Abstract 20. E. B. Mansfield, P.E. Registered Public Surveyor o. 517 DESCRIPTION OF TRACT D-108-T, A TEMPORARY CONSTRUCTION EASE- MENT 15 FT. IN WIDTH ADJOINING TRACT D-108 TO THE SOUTHEAST, SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION OF CONSTRUCTION, AND LYING WITHIN LOT 1 , BLOCK 3 OF ANNALEA SECTION ONE IN THE PERRY AND AUSTIN LEAGUE , ABSTRACT 20 , ACCORDING TO A REPLAT AS APPEARS OF RECORD IN VOLUME 1616 AT PAGE 21 OF THE MAP RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point in the southwesterly line of the 100 ' right-of-way of M Highway 518 at the most easterly corner , said point lying S 59°44 ' 30" E 22. 75 ' from the most northerly corner of said Annalea Section One; THENCE 15. 52 ' with a curve to the right having a radius of 2814. 75 ' with the southwesterly line of the 100 ' right-of-way of FM Highway 518 to a point for corner which lies S 59°34 '44" E 38. 28 ' from the most northerly corner of the said Annalea Section One; THENCE S 45°00 ' W 76.00 ' to a point for corner in the common line of lot 1 and lot 2 , block 3 of the said Annalea Section One; THENCE N 50°00 ' W 15.06 ' with the common line of lot 1 • and lot 2, block 3 of the said Annalea Section One to the most southerly corner of THENCE N 45°00 ' E 75. 38 ' with the southwesterly line of to the place of beginning; SAID boundary enclosing an area of 0.026 acres out of the Perry and Austin League, Abstract 20. E. B. Mansfield, P. E. Registered Public Surveyor N ., 517 Form 52A E V. Cs-H. EXAMINE &' REPORT C'ioscr'3 Not-3s FOR: STEWART TITLE GUARANTY COMPANY O.F.No, 4970-A CORRECT DESCRIPTION OF PROPERTY: Part of lot 1 in Block 3 of Annalea, Section 1, a S/D in GCT according to-the replat thereof recnrded iu1616/21 ; and haing mnre fully dpscril Id by 1 /B in Survey and field notes attached (Tract D-108 and D-108-T7--- Map Volume_ Page _ _Records Title In DonaldRay Little and wf Mary Helen As of 11/1/76 Date By Deed Dated 7/27/73 From Administrator of Veterans Affairs; Recorded,Volume 2391 Page_ 313 SUBJECT TO: 1. Mortgage Liens,First V/L 2391/313 in deed from the Administrator of Veterans' Affairs; Ott 2392/6 Dona ld -Ray Little and . - . - Troy Conner or John C. Von Dohlen, or Robert E. Powres, CA— Charles R. Lansdell T/F Donald E. Johnson, Administrator of veterans Affairs; 2-4.1ortgage-biens;aecond: 7/27/73 $20,450.00 Assign 2438/69 to National Homes Acceptance Corporation 3. Paving Liens: 4. Abstracts or Judgments: 6. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: 45% res. 1533/20 9. Royalties: k cony. 943A501 10. Pipe Lines: 11. Rights-of-Way: 12. Easements: Utility 1616/21; Down guy and aerial 1602/565 13. Restrictions: I6a). /S<n- _ 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: Survey with M/B field notes by E.B. Mansfield dated 4/120. in file Rest of lot samc as of 7/20/76 Req. foreclosure affd. regarding status of George William Wheeler and wife Helen with respect to toreclosure in '1.3'L1/bZ3 JA ATTORNEY V--: a: .... .__...,