HomeMy WebLinkAboutEasement - Binford, Louis F. - 106 MARY ANN DR EASEMENT
STATE OF TEXAS § KNOW ALL MEN BY
COUNTY OF GALVESTON § THESE PRESENTS :
THAT WE, Louis F. Binford, Jr . and wife , Bobbie Jo Binford
hereinafter called"Grantor" , for and in consideration of the
sum of ONE HUNDRED THIRTY DOLLARS ($130 . 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 3 , block 3 of Annalea, Section One ,
in the Perry and Austin League , Abstract 20 , Gal-
veston County, Texas , as appears of record in
Volume 1616 at page 21 of the Nap Records of Gal-
veston County, and being more particularly described
as follows :
BEGINNING at a point in the common line of lot 2 and
lot 3 , block 3 of the said Annelea Section One in the
southeasterly line of an existing 12 ' utility easement
as set forth on the replat of the said Annalea Section
One;
THENCE S 52°22 ' Ol" E 10 . 08 ' with the common line of
lot 2 and lot 3 , block 3 of the said Annalea Section
One to a point for coner;
THENCE S 45°00 ' W 110 .43 ' to a point in the common line
of lot 3 and lot 4, block 3 of the said Annalea Section
One;
THENCE N 64°04' 29" W 10 . 58 ' to a point in the south-
easterly line of the said 12 ' utility easement;
THENCE N 45°00 ' E 112 . 59 ' with the southeasterly line
of the said 12 ' utility easement to the place of begin-
ning and containing 0 . 026 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
easement adjoining the above described utility
easement to the southeast , and lying over and
across lot 3 , block 3 of Annalea, Section One ,
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 Gal-
veston County, and being more particularly des-
cribed as follows ;
BEGINNING at a point in the common line of lot 2 and
lot 3 of the said Annalea Section One at the most
easterly corner of the heretofore described utility
easement, said point lying S 52°22 ' 01" W 22 . 18 ' from
the common northerly corner of lot 3 and westerly
corner of lot 2 , block 3 of the said Annalea Section
One;
THENCE S 52°22 ' 01" E 15 . 12 ' with the common line of
lot 2 and lot 3 , block 3 of the said Annalea Section
One to a point for corner;
THENCE S 45°00 ' W 107 . 18 ' to a point in the common
line of lot 3 and lot 4, block 3 of the said Annalea
Section One ;
THENCE N 64°04' 29" W 15 . 87 ' with the common line of
lot 3 and lot 4, block 3 of the said Annalea Section
One to the most southerly corner of the heretofore
described utility easement;
THENCE N 45°00 ' E 110 . 43 ' with the southeasterly line
of the heretofore described utility easement to the
place of beginning and containing 0 . 038 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 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 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That Louis F. Binford, Jr. and wife, B. G. ,
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 3, 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 3, Block 3 of Annalea Section One.
and more particularly described as follows:
BEGINNING at a point in the common line of Lot 2 and Lot 3, Block 3 of
the said Annalea Section One in the southeasterly line of an existing
12' utility easement as set forth on the replat of the said Annalea
Section One;
THENCE S 52°22' 01" E 10.08' with the common line of Lot 2 and Lot 3,
Block 3 of the said Annalea Section One to a point for corner;
THENCE S 45°00' W 110.43' to a point in the common line of Lot 3 and
Lot 4, Block 3 of the said Annalea Section One;
THENCE N 64°04'29" W 10.58' to a point in the southeasterly line of
the said 12' utility easement;
THENCE N 45°00' E 112.59' with the southeasterly line of the said
12' utility easement to the place of beginning;
SAID boundary enclosing an area of 0.026 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-
STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That Louis F. Binford, Jr. and wife, B. G.
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 construction easement
15 ft. in width adjoining Tract D-110 to the southeast, said easement
to revert to original ownership upon completion of construction, and
lying within Lot 3. 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
temporary construction easement 15 ft. in width adjoining Tract
D-110.
and more particularly described as follows:
BEGINNING at a point in the common line of Lot 2 and Lot 3, Block 3
of the said Annalea Section One at the most easterly corner of
Tract D-110, said point lying S 52°22'Ol" W 22.18' from the common
northerly corner of Lot 3 and westerly corner of Lot 2, Block 3 of
the said Annalea Section One:
THENCE S 52°22'O1" E 15.12' with the common line of Lot 2 and Lot 3,
Block 3 of the said Annalea Section One to a point for corner;
THENCE S 45°00' W 107.18' to a point in the common line of Lot 3
and Lot 4, Block 3 of the said Annalea Section One;
THENCE N 64°04'29" W 15.87' with the common line of Lot 3 and
Lot 4, Block 3 of the said Annalea Section One to the most southerly
corner of Tract D-110;
THENCE N 45°00' E 110.43' with the southeasterly line of Tract
D-110 to the place of beginning;
SAID boundary enclosing an area of 0.038 acres out of the Perry
and Austin League, Abstract 20.
-2-
IN WITNESS WHEREOF, this instrument is executed this day
of ,1976.
Grantor
Grantor
STATE OF TEXAS 0
0
COUNTY OF GALVESTON 4
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
- - Mawr - - JAMES C.MORGAN
�� � City M.n.p.r
(\
Cityof rie swo0 C Councllm.n
BENNV R.BA KEq
R IC HARD L.HAKEN
PAUL E.MAAZ
109 WILLOWICK - PHONE 482-3323 WILLIAM B.PATTON
MILTON L.WINDLER
FRIENDSWOOD, TEXAS 77546 EDWARD O.ZEITLER
.`. May 3, 1976
Mr. I:ouis. F. - Binford, Jr. I / '--
/
106 Mary Ann Drive �-�
Friendswood, Texas 77546
Dear Mr. Binford:
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 3, Block 3 of 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 $130.00 dollars for 0.026 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
SCALE I7= 50'-0"
F 5i
C
LOT A
% LOT2
POINT OF BEGINNING - ,g52°22 N I 15 FT. CONSTRUCTION
SS2422 '0/E /5./2 EASEMENT
PARCEL NO.D-IIO-T
i AREA = 0.0375 ACRES
LOT 34 :-.I /5
7:e tr:,1 //7 LOUIS F BINFORD, JR
BLK.I I I\ I & WIFE B.G
I, I `Id' LOT
14
I1.�'
LOT 33 k1, 1
I I� � —
h I I�—OFT. SANITARY SEWER
41
EASEMENT
/1"Ih /5.' / PARCEL NO. D-I10
0 4.i29,0 /O.58 AREA = 0.0257 ACRES
fed.//2 N56. 04791N
LOT 32
N6
I1 LOT4
N7
k
ANNALEA \i' ANNALEA SECTION I
KINGSPARK "l"
SECTION 'A'
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a. M A N S F s E L D 1 B. a/7s{e%� cerf/ / / /%/s /df cnrrec//
y
1 �'• 517 .:¢ fa bt¢scr7fs a scir vey in aGe on fhe 57/'014//7C7
•.-111-77-T(D
f 5 1.97,s/i /c/ a1¢
/C'ag. Pz..6/i .5LJr e yor ,k -577
DESCRIPTION OF TRACT D-110-T, A TEMPORARY CONSTRUCTION EASE-
MENT 15 FT. IN WIDTH ADJOINING TRACT D-110 TO THE SOUTHEAST,
SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION
OF CONSTRUCTION, AND LYING WITHIN LOT 3 , 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 2 and lot 3 ,
block 3 of the raid Annalea Secti n One t t e most easterly
corner of tract 1312said point lying S 5 2° 2 'Ol" W 22. 18 '
from the common northerly corner of lot 3 and westerly corner
of lot 2 , block 3 of the said Annalea Section One;
THENCE S 52°22 'Ol" E 15. 12 ' with the common line of lot 2
and lot 3, block 3 cif the said Annalea Section One to a
point for corner;
THENCE S 45°00 ' W 107. 18' to a point in the common line of
lot 3 and lot 4, block 3 of the said Annalea Section One;
THENCE N 64°04 ' 29" W 15.87 ' with the common line of lot 3
and lot 4, block 3 of the said Annalea Section One to the
mos so therly corner of trae-t-� -1-0 cc.- 1
A
THENCE N 45°00 ' E 110. 43 ' with the southeasterly line of oV-4- - �t
4
a tr t D-114 to, the place of beginning;
�� t
SAID boundary enclosing an ar a of 0.038 acres out of the
Perry and Austin League, stract 20.
„- e1041
E. B. Mansfield, P.E.
Registered Public Surveyor No. 51
r
•
DESCRIPTION OF TRACT D-110 FOR THE CITY OF FRIENDSWOOD , BEING
A PERMANENT 10 FT. EASEMENT ACROSS LOT 3 , 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 2 and lot 3 ,
block 3 of the said Annalea Section One in the southeasterly
line of an existing 12 ' utility easement as set forth on the -
replat of the said Annalea Section One;
THENCE S 52°22 'O1" E 10. 08 ' with the common line of lot 2
and lot 3, block 3 of the said Annalea Section One to a point
for corner;
THENCE S 45°00 ' W 110.43 ' to a point in the common line of
lot 3 and lot 4, block 3 of the said Annalea Section One;
THENCE N 64°04 ' 29" W 10. 58 ' to a point in the southeasterly
line of the said 12 ' utility easement;
THENCE N 45°00 ' E 112. 59 ' with the southeasterly line of the
said 12 ' utility easement to the place of beginning;
SAID boundary enclosing n area of 0.026 acres out of the
Perry and Austin Leagu , Abstract 20.
r
4) 7„: ,___e.,, A
E. B. Mansfield, P.E. /
Registered Public Surveyor No. /517
Form 52A EXAMINER'S REPORT >2 , 1
Closer's Notes :? 41:
FOR: STEWART TITLE GUARANTY COMPANY G.F.No
jf
CORRECT DESCRIPTION OF PROPERTY:
4- C., %t9-1- 3 �.� /m c K 3 c--- /¢-0...z ,
G J ez
ewe Vte:e..eval-eii ) 6 6/6/2-i f` -t.r
,914 r.✓ Sv9 el--Cce-ld .,.off i.✓ 62 Cr,�� " D—//O T �'f //J'
61,914
Map Volume /Page y� // Records
Title In: ` O c/t':C !�✓oc+2 r l/el Ji r1 4z/ a"--. 0-4 - Ss.46/:e '
As of ///ff?b
ate
By Deed Dated 7/7/7[, J 0 From /— �^�GI 6, -
Q- Recorded,Volume --/r 7 Page 2-9 2-
SUBJECT TO: /*
1. Mortgage Liens,First v/� / 7 3 7/5,3,f—i vj pl2Gd/ d�--J-.1 y✓J✓/
t9/•541•4 i- - ` Q/7 7 74 /+z- Vee,"7 @c, Ai--_
. e�eC b' Gu !Pa sect.471 /&/y' " 4/3, O.Jc0
3. Paving Liens:
4. Abstracts or Judgments:
6. Federal Liens:
6.Life Interest:
7. Leases:
8. Minerals: 4 ` rem' . /3 .33/20
9. Royalties: '`� n a Y 4 3✓ 't9/
10. Pipe Lines:11. Rights-of-Way: Cf l.� /2.)C1 h d/P 64-i/2- £4 . - /A 63 /72- clot c.c„,,,Jv p 44"")
12. Easements: 44z/&J � 4.c.c.. /6 u y:// S 16 r
1,3. Restrictions: /(s 62 7. 6 5
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: � ��1 & l J Rh ".ie4a, 0-r4f C/ ,/. ¢s-`-
ORNEY
Form 62i1 6M-7-64-H.
EXAMINER'S REPORT
;;toser'n N5tes
FOR: STEWART TITLE GUARANTY COMPANY G.P.No. 496a-A
CORRECT DESCRIPTION OF PROPERTY:
Part of lot 3 in Block 3 of Annalea, Section 1, in the James E. Parry
Emily M. Austin League, in GCT, according the the replat thereof recoroed in
1616/21; and being more fully deec. by 1 - - • - - : - - file
(Tract D-110 and Tract D-110-T)
Map Volume Page _ Records
•
Title In: ` Louis Franklin Rinford Jr.. ald wife Bobbie Jo
As of 11/1/76
Date
By Deed Dated 9/7/70 From Floyd G. Cochran and wife
Mildred S- Recorded,Volume 2137 Page 292
SUBJECT TO:
1. Mortgage Liens,First V/T. 1717/935 in deed from Sproul Homes, Tnc; D/T 1744/4 25
James A Banfield_and wife Finetta L. tb Richard Allen T/F Clear Lake S'vings
Assueialiuu 10/14/65 $13,600.00
2. Mortgage Liens,Second:
3. Paving Lions:
4. Abstracts or Judgments:
6. Federal Liens: _
6. Life Interest:
7. Leases:
8. Minerals: 45% res. 1533/20
9. Royalties: k c onv. 943/501
10. Pipe Lines:
—
11. Rights-of-Way: 995/209 to Humble 0 and R Co. Def. 1563/72 ( 40' across South Easterly portion)
12. Easements:_ Aerial and Down guy 1602/505
13. Restrictions: /670,),! v 6.5 -
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 aif lot same- see map for util. easement
Survey and M/Bfield note desc. by E.B. Mansfield in file dated 4/12/7;
.TA
ATTORNEY