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
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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
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109 WILLOWICK - PHONE 482-3323
FRIENDSWOOD, TEXAS 77546 WAMLEAM.BPOAR
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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
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