HomeMy WebLinkAboutUtility Easement - Richard & Virginia L. Rahilly - 104 MARY ANN DR EASEMENT
STATE OF TEXAS § KNOW ALL MEN BY
COUNTY OF GALVESTON § THESE PRESENTS :
THAT WE, Richard Rahilly and wife , Virginia L. Rahilly
hereinafter called "Grantor" , for and in consideration of the
sum of EIGHTY-FIVE DOLLARS ($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 2 , block 3 of Annalea, Section 1 , in
the Perry and Austin League , Abstract 20 , Galveston
County, Texas , 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 common line of lot 1
and lot 2 , block 3 , at the southeasterly line of
a 12 ' utility easement as set forth on the replat
of the siad Annalea Section One ;
THENCE S 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;
THENCE S 45°00 ' W 74. 15 ' to a point in the common
line of lot 2 and lot 3 , block 3 of the said Annalea
Section One ;
THENCE n 52°22 ' Ol" W 10. 08 ' with the common line of
lot 2 and lot 3 , block 3 of the said Annalea Section
One to a point in the southeasterly line of the said
12 ' utility easement ;
THENCE N 45°00 ' E 74. 57 ' with the southeasterly line
of the said 12 ' utility easement to the place of be-
ginning 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 across lot 2 ,
block 3 of Annalea, Section 1 , in the Perry and
Austin League, Abstract 20 , Galveston County, Texas ,
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 the most easterly corner of the here-
tofore described point lying in the common line of
lot 1 and lot 2 , block 3 of the said Annalea Section
One, and lying S 50°00 ' E 22 . 09 ' from the common
northerly corner of lot 2 and westerly corner of
lot 1 , block 3 of the said Annalea Section One ;
THENCE S 50°00 ' E 15 . 06 ' with the common line of
lot 1 and lot 2 , block 3 of the said Annalea Section
One to a point for corner;
THENCE S 45°00 ' W 73 . 53 ' to a point in the common
line of lot 2 and lot 3 of the said Annalea Section
One :
THENCE N 52°22 ' O1" W 15 . 12 ' with the common line
of lot 2 and lot 3 , block 3 of the said Annalea
Section One;
THENCE N 45°00 ' E 74. 15 ' with the southeasterly line
of the heretofore described utility easement to the
place of beginning and containing 0 . 025 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-
STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That Richard Rahilly 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 permanent 10 ft. easement across
Lot 2, 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 2, Block 3 of Annalea Section One.
and more particularly described as follows:
BEGINNING at a point in the common line of Lot 1 and Lot 2, Block 3 ,
at the southeasterly line of a 12' utility easement as set forth on
the replat of the said Annalea Section One;
THENCE S 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;
THENCE N 52°22'O1" W 10.08' with the common line of Lot 2 and Lot 3,
Block 3 of the said Annalea Section One to a point in the south-
easterly line of the said 12' utility easement;
THENCE N 45°00' E 74.57' with the southeasterly line of the said 12'
utility easement 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-
EXAMINERS REPORT
Closs:'s Notes
FOR: STEWART TITLE GUARANTY COMPANY G.F.No. +969-A
CORRECT DESCRIPTION OF PROPERTY:
Part of lot 2 in Block 3 of Replat of Annalea, Secton 1 a s/D in the
James E. Perry and Emily M. Austin League in GCT according to the
replar thereof recorded in 1616/21 and being mo_r billly desrrihed by
M/B in Survey and field notes in file )(Tract D-109 and Tract D-109-T)
As connected
Map Volume Page Records
•
Title In: Richard Rahilly and wife Virginia L.
As of 11/1/76
Date
By Deed Dated 6/22/64 From Sproul Homes, INC.
Recorded,Volume 1639 Page 105
SUBJECT TO:
1, Mortgage Liens,First V/L 1639/105 in deed from Sproul Homes, inc.
D/T 1640/68 Richard Rahilly and wife Virginia L. to Garrett Butler T/F
First Continen*a1 Co _F1 91M $-15, 50-00 TGf- 23.2R/401 to North
wiltgage•bieas seeoea: Jersey Savings and Loan Association
3. Paving Liens:
4. Abstracts or Judgments:
5. Federal Liens•
6. Life Interest:
7. Leases:
8. Minerals: 45% res. 1533/20
9. Royalties: k cony. 943/501
10. Pipe Lines:
11. Rights-of-Way:
12. Easements: Utility (12'rear) 1616/21; Aerial and Down Guy 1602/565
13. Restrictions: 1602/565
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: Rest of lot 2 same as of 7/23/76
I— -
JA
ATTORNEY
Form 52A EXAM N ER'S REPOR i
Closer's Notes
FOR: STEWART TITLE GUARANTY COMPANY G.F.No. -P7 4
CORRECT DESCRIPTION OF PROPERTY:
2 /,a,C 3 I2ptofu}- �P
1, 4-- S 11?/A) tit e p • �G y
Q.E./17 / 7 , 7' Lam. cam[' , .t/ 67, c An, l
�-� j 4 le IA)
6,//�o/2
¢.� f_y N Ca- r4/ !.e/4"ee iej Q��� Q
i'q•ap'Volu/r�me Pe Rec ds -'rQ°7'JY-7)
Title In: /2 LC CI4----ta
l/!7si•s c(r / Ala' Gasri«{�
•
As of 7,fikii.ai 76
Date
By Deed Dated 6/1-1l6'7 From /'v✓/ •1� � / -f� _
Recorded,Volume /6 3 Page 1 v-1--
SUBJECT TO:
1. Mortgage Liens,First (.///- /( cJ-.-e --reOr / '• z0.c.a�� fps
/6.qo/6(i) ie-c. 4/ - 14 •
6a f LLI 'P, n, I- K 4/ c
2. 6 jz1-.-jb "/ 4/c;9 c) a t�
T 2 3 2-8/ o / N .4-17 S .,,
�.a cr riJ ,3 :; I a r!✓
3. Paving Liens:
4. Abstracts or Judgments:
5. Federal Liens:
6. Life Interest:
7. Leases:
8. Minerals: 4-A Jc r-2.4 . /g-3.3/1to
9. Royalties: 1/41 `/-,et3;tie
10. Pipe Lines:
11. Rights-of-Way:
12. Easements: (i" /i / (/.L1 /Cet--t) /b/2_4/ / /r�E...��;. 9 at-c�v y t 6 cJt_/S f�
1,3. Restrictions: // c
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. L
16.Miscellaneous: #- �� f.Y't 2_ _so, --F U f 7/2-3`7�J
'I''I'UHNN'Y
)r M,
/ RALPH L. LOWE
Moyer
JAMES C.MOROAN
C`(Cityof rcends�Voo RICHARD L. HAKEN
PAUL E MAA2
109 WILLOWIC K - PHONE 482.3323 WILLIAM B,PATTON
MILTON L.WINDIER
FRIENDSWOOD, TEXAS 77546 EDWARDO ZEITLER
►� May 3, 1976
•
Mr. Richard Rahilly D _ 10 C/
104 Mary Ann Drive
Friendswood, Texas 77546
Dear Mr. Rahilly:
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 2, 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-109 FOR THE CITH OF FRIENDSWOOD, BEING
A PERMANENT 10 FT. EASEMENT ACROSS LOT 2 , 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 common line of lot 1 and lot 2,
block 3, at the southeasterly line of a 12 ' utility easement
as set forth on the replat of the said•• Annalea Section One;
THENCE S 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;
THENCE S 45°00 ' W 74. 15 ' to a point in the common line of
lot 2 and lot 3, block 3 of the said Annalea Section One;
THENCE N 52°22 'O1" W 10.08 ' with the common line of lot 2
and lot 3 , block 3 of the said Annalea Section One to a
point in the southeasterly line of the said 12 ' utility
easement;
THENCE N 45 °00 ' E 74. 57 ' with the southeasterly line of the
said 12 ' utility easement to the place of beginning;
SAID boundary enclosing an area of 0.017 acres out of the
Perry and Austin League, Abstract 20.
1
E. B. Mansfield, P.E.
Registered Public Surveyor No. 517
•
DESCRIPTION OF TRACT D-109-T, A TEMPORARY CONSTRUCTION EASE-
MENT 15 FT. IN WIDTH ADJOINING TRACT D-109 TO THE SOUTHEAST,
SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION
OF CONSTRUCTION, AND LYING WITHIN LOT 2, 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 the most easterly corner pf troc D-1O9, said
point lying in the common line of lot 1 and lot 2, block 3
of the said Annalea Section One, and lying S 50°00 ' E 22.09 '
from the common northerly corner of lot 2 and westerly
corner of lot 1 , block 3 of the said Annalea Section One;
THENCE S 50°00 ' E 15.06 ' with the common line of lot 1 and
lot 2, block 3 of the said Annalea Section One to a point
for corner;
THENCE S 45.°00 ' W 73. 53 ' to a point in the common line of
lot 2 and lot 3, block 3 of the said Annalea Section One;
THENCE N 52°22 'O1" W 15. 12 ' with the common line of lot 2
and lot 3, block 3 of the said Annalea Section One;
THENCE N 45°00 ' E 74. 15 ' with the southeasterly line of t -�c.�to the place of beginning;
SAID boundary enclosing an area of 0.025 acres out of the
Perry and Austin League, Abstract 20.
,
E. B. Mansfield, ,P.E.
Registered Public Survey k No. 517
SCALE I"= 50'-0"
POINT OF BEGINNING
FM5‘8
LOT I I5FT. CONSTRUCTION
,04
/ PARCEL EASEMENNO. D-109-T
h & 550°yV /4.04 AREA = 0.0254 ACRES
t• 5Sa°W /5.06 .
.4 eiq ,a$
LOT A41 /5 .�i�//
h 1 1/
it
II h m
BLK.INtN, 1 I () �/ LOT/2
BLK.3
!OFT. SANITARY SEWER
LOT 34 ' \--�y52°22•0/v /5 /Z/ EASEMENT
if-D N\ N 52°22/0/ �N /� dB PARCEL NO. D-I 0 9
3 AREA =0.OI72 ACRES
�`- 4),
LOT 3
ANNALEA T
ANNALEA SECTION I
KINGSPARK
SECTION 'A'
4
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E. 0 MANSFIElD j E,B. 1iE/d cer//� 7 .9/this /af correc//y
,o` 517 /'456r¢s.9/7.5 r7fs a .Sut'vey I-f ad¢ o�71/2¢,y1rui7o!
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/QQy . Pub/.1c s�veyor ,# -.5/7