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HomeMy WebLinkAboutUtility Easement - Bradford T. Thompson & Dorothy M. Thompson - 105 STRATMORE DR t , EASEMENT STATE OF TEXAS § KNOW ALL MEN BY COUNTY OF GALVESTON § THESE PRESENTS : THAT WE, Bradford L, Thompson and wife, Dorothy M, Thompson, hereinafter called "Grantor" , for and in consideration of the sum of THIRTY-FIVE DOLLARS ($35 , 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 5 foot wide utility easement over and across lot 33 , block 1 of Annalea-Kingspark, Section "A" , in the Perry and Austin League, Abstract 20, Galveston County, Texas , as appears of record in Volume 1616 at page 74 of the Map Records of Galveston County, and being more particularly described as follows : BEGINNING at the common southerly corner of lot 34 and easterly corner of lot 33 , block 1 of the said Annalea-Kingspark section "A" ; THENCE S 45°00 ' W 60 , 0 ' with the southeast- erly line of the said lot 33 , block 1 , to the common southerly corner of lot 33 and easterly corner of lot 32 , block 1, marked by a 5/8" iron rod; THENCE N 45°00' W 5 , 0' with the common line of the said lot 32 and lot 33 , block 1 ; THENCE N 45°00 ' E 60, 0 ' parallel to and 5 ft , northwesterly from the southeasterly line of the said lot 33 , block 1 to a point in the common line of lot 33 and lot 34, block 1 THENCE S 45°00 ' E 5 . 0 ' with the common line of the said lot 33 and lot 34, block 1 to the place of beginning and containing 0 . 007 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 northwest , and lying over and across lot 33 , block 1 of Annalea-Kingspark, Section "A" , in the Perry and Austin League , Abstract 20, Galveston County, Texas , as appears of record in Volume 1616 at page 74 of the Map Records of Galveston County, and being more particularly described as follows : BEGINNING at a point in the common line of lot 33 , block 1 of the said Annalea-Kingspark section "A" , said point being the most northerly corner of the heretofore described utility easement and lying N 45°00 ' W 5 . 0 ' from the common southerly corner of lot 34 and easterly corner of lot 33 ; THENCE S 45°00 ' W 60. 0 ' with the northwesterly line of the heretofore described utility easement to a point in the common line of lot 32 and lot 33 , block 1 of the said Annalea-Kingspark section "A" THENCE N 45°00 ' W 15 . 0 ' with the comon line of lot 32 and lot 33 , block 1 of the said Annalea- Kingspark section "A" ; THENCE N 45°00 ' E 60 . 0 ' to a point in the common line of lot 33 and lot 34, block 1 of the said Annalea-Kingspark section "A" ; THENCE S 45°00 ' E 15 . 0 ' with the common line of lot 33 and lot 34, block 1 to the place of be- ginning and containing 0 . 021 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- ) RALPH L LOWE Mayor JAMES C.MORGAN Clty Menegr Cay of STYrienc/swood , Councilmen BENNY R.BAKER G\ RICHARD L. HAKEN PAUL E.MAAZ 109 WILLOWICK - PHONE 482.3323 WlLl1AM B PATTON MILTON L.WINDIER FRIENDSWOOD, TEXAS 77546 EDWARD O.ZEITLER May 28, 1976 :IE) -- / /A/ ' Mr. B.:-T. Thompson 105 Stratmore Friendswood, Texas 77546 Dear Mr. Thompson: 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 5 ft. easement across 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. o 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 $35.00 dollars for 0.007 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. (// urs very truly, -✓ ;.. ---1: / � )at-t am' James C. Morgan City Manager JCM:mw DESCRIPTION OF TRACT D-114 FOR THE CITY OF FRIENDSWOOD, BEING A PERMANENT 5 FT. EASEMENT ACROSS LOT 33, BLOCK 1 of ANNALEA- KINGSPARK SECTION "A" IN THE PERRY AND AUSTIN LEAGUE , ABSTRACT 20 , ACCORDING TO THE PLAT THEREOF AS APPEARS OF RECORD IN VOLUME 1616 AT PAGE 74 OF THE MAP RECORDS OF GALVESTON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the common 'southerly corner of lot 34 and easterly corner of lot 33 , block 1 of the said Annalea- Kingspark section "A"; THENCE S 45°00 ' W 60.0 ' with the southeasterly line of the said lot 33, block 1 , to the common southerly corner of lot 33 and easterly corner of lot 32, block 1 , marked by a 5/8" iron rod; THENCE N 45°00 ' W 5.0 ' with the common line of the said lot 32 and lot 33, block 1; THENCE N 45°00 ' E 60.0 ' parallel to and 5 ft. northwesterly from the southeasterly line of the said lot 33 , block 1 to a point in the common line of lot 33 and lot 34, block 1; THENCE S 45°00 ' E 5.0 ' with the common line of the said lot 33 and lot 34, block 1 to the place of beginning; SAID boundary enclosing an area of 0.007 acres out of the Perry and Austin League, Abstract 20. E. B. Ma sfield P.E. Registered Public Surveyor o. 517 • r STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 4 EASEMENT That B. T. Thompson 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 5 ft. easement across Lot 33, Block 1 of Annalea-Kingspark Section "A" in the Perry and Austin League, Abstract 20. • • 4 The easement and right-of-way hereby conveyed shall be a permanent 5 ft. easement across Lot 33, Block 1 of Annalea-Kingspark Section "A". and more particularly described as follows: BEGINNING at the common southerly corner of Lot 34 and easterly corner of Lot 33, Block 1 of the said Annalea-Kingspark Section "A"; THENCE S 45°00' W 60.0' with the southeasterly line of the said Lot 33, Block 1, to the common southerly corner of Lot 33 and easterly corner of Lot 32, Block 1, marked by a 5/8" iron rod; THENCE N 45°00' W 5.0' with the common line of the said Lot 32 and Lot 33, Block 1; THENCE N 45°00' E 60.0' parallel to and 5 ft. northwesterly from the southeasterly line of the said Lot 33, Block 1 to a point in the common line of Lot 33 and Lot 34, Block 1; THENCE S 45°00' E 5.0' with the common line of the said Lot 33 and Lot 34, Block 1 to the place of beginning; SAID boundary enclosing an area of 0.007 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 Q 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- IP • STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 4 EASEMENT That B. T. Thompson 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 temporary construction easement 15 ft. in width adjoining Tract D-114 to the northwest, said easement to revert to original ownership upon completion of construction, and lying within Lot 33, Block 1 of Annalea-Kingspark Section "A" in the Perry and Austin League, Abstract 20. I The easement and right-of-way hereby conveyed shall be a temporary construction easement 15 ft. in width adjoining Tract D-114 to the northwest, said easement to revert to original ownership upon com- pletion of construction, and lying within Lot 33, Block 1 of Annalea Kingspark Section "A" in the Perry and Austin League. and more particularly described as follows: BEGINNING at a point in the common line of Lot 33 and Lot 34, Block 1 of the said Annalea-Kingspark Section "A", said point being the most northerly corner of Tract D-114 and lying N 45°00' W 5.0' from the common southerly corner of Lot 34 and easterly corner of Lot 33; THENCE S 45°00' W 60.0' with the northwesterly line of Tract D-114 to a point in the common line of Lot 32 and Lot 33, Block 1 of the said Annalea-Kingspark Section "A"; THENCE N 45°00' W 15.0' with the common line of Lot 32 and Lot 33. Block 1 of the said Annalea-Kingspark Section "A"; THENCE S 45°00' E 15.0' with the common line of Lot 33 and Lot 34, Block 1 to the place of beginning; SAID boundary enclosing an area of 0.021 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 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 -4- Form 52A EXAMINER'S REPORT �J Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.No. ' >'`1 CORRECT DESCRIPTION OF PROPERTY: '/�J/ 33 i ,i //3/U f.iC / J �/�,,»�w�/Pe /�i ,.1/pu.4e fG4✓/7�►eV `�/ ' CAL �t/r! ` het �/I '/T ,' L� C7 ce_c ac. "Jar €,,e' ) r ua✓t�Cc�'i tl /6/46/21'r• (41-__k:L4) 1 G_c.IG- ‘ _51: it Ai/6, 4 e/C/srO/t' '- 4 CT ,7Q-//9 m 7pac7F /f 7 Map Volume Page , Records Title In: Ld,,f .t/ TT 7-7/cD�Y pj Ri✓ a 4. - As of 7/4-24-7-6 d / Date By Deed Dated /l/2 /gL/ y From C� rc.S 71 c f ref (n /4cc Lit e-1./ • cE-: `j S4.--3-6/4-6/ Recorded,Volume .2-00 7 Page 2-/S- SUBJECT TO: 1. Mortgage Liens, First / /d'O 7 i /M� f ✓O1iu�r/ 077 /Y/ /JU 63 W' H C f C1il A,�: -S zl_,• (i- Su.edr' a D . • z "e✓ / 6 , S3L`/ r7E/"G r.., ,.� ��t•c ;, 2. *in vase i iexi ce 6 nd: kf 2-214 6 2/ 3 _7 1 c3 0 /-. j C /LS 7-5 p• / 8 Z O/6 l O •> 0 FF_de.-a/ /Jce u/ "7 u � /C1j.1,lid.J 3. Paving Liens: ill/e//4te,1 ✓ICe Cil-fi-y-e- /7rt/2 /Z / 4. Abstracts or Judgments: 5. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: .4 S 76) rem• . L9 yyS• Li/Lie d- ,-/L�/ /� 3 ��2 ��' ✓ 9. Royalties: 1 c rl ' 3 )Z?/ 10. Pipe Lines: - 11. Rights-of-Way: //� 12. Easements: G%/f i It J c.,[&1/ / '/ G(rp� { / / _J/7 / 13. Restrictions: /61 / 74 / 17 3 s!t''`•���� /1 f /2 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. e 16.Miscellaneous: cr"�7 - .s/Q� e !G� 4yi �7/2-7/77j6 //�y��//�// 0-7 uu�i G(So A )4- ciQ L. F. E, 1 !?? J' �r e 1� t7V&W /L/L/26 1.4 t"!(e., - A ORNEY Form 32A- 1,.1 i-64-11. EXAMiNER'S REPORT Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.No._4965-A CORRECT DESCRIPTION OF PROPERTY: 1Partof Lot 33 in Block 1 of.Annalea Kingspark Section "A" ____ 3 - . • • _ • - ecorded in 1616/74; and being more fully desc. by survey and M/B fieftd notes in file. (Tract D-114 adn Tract D-114-T) Map Volume Page Records Title ln:_11radford T. Thompson and wf. Dorothy M, _ As of 11/1/76 Date By Deed Dated 1128169 From Constantine Gus Maffei , Jr- and wife Sandra D. Recorded,Volume 2007 Page 215 SUBJECT TO: 1. Mortgage Liens,First V/L 1807/232 in deed frorA_Norwood Uomes.Inc. D/T 1810/563 Constantine Gus Maffie,Jr. and wife Sandra D. to Perry RiissP11 T/F Fannin Bank — _ 3--Mortgage if,ion e-geeond: R/27/6i 17� i75-(1(1 Re _Par- Re _ TCF_ 1820/610 to Federal National Mortgage Association 3. PavingLions: Maintenance charge 1756/212 _ 4. Abstracts or Judgments: 5. Federal Liens: G. Life Interest: 7. Leases: 8. Minerals: 45% res. for 20 years from 12/12/62 and A9/T,/A prod. 1533/20 9. Royalties: ; Cony. 943/501 . 10. Pipe Lines: 11. Rights-of-Way: 12. Easements: iltility, a-s i a 1 and draina e 1616/74 __ 13. Restrictions: 1616/74; 1738/791 amended 1756/212 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 same as of 7/17/76 Survey with M/B, field note desc. by E.B. Mansfield dated 4/12/76 in file .TA ATTORNEY /r O ' oA/ 77("?, - �'7 �i-� 757/Mel , > 47,v-27 / 1-(// 9, , ti fiyv-272,2 r -r2 -14'7' 1 (Xi A-4&e, 3S. 00 /fe .A7 2 S L..aJ' ure�2G, u-s� �y� 33 e/*/ " .1;C 'eXt, /d6?d, g4 r.,"¢L4ets4-a,e66-6e Aey 704e/-400e `V e cf, Y� -ems 1 SCALE I"= t0t-0" rt F tit 5"3 RI 44 \ I POINT OF BEGINNING 15 FT. CONSTRUCTION N . ti LOT 34 EASEMENT PARCEL NO. D-I14-T AREA = 0.0207 ACRES 545 e 5 - S 415'5 /5 LOT 4 CONSTANTINE G. MAFFEI,JR. ,/ /,/7/7, /5'1 a WIFE S. D. /////. , % W LOT 33' h'4 Ii //BLK.Ii/ BLKy3 5 FT. SANITARY SEWER EASEMENT PARCEL NO. D-II4 AREA =0.0069 ACRES ,/41.1 .k N45 `/ /5 /V 9501i' 5.. I LOT 3,2 �I ANNALEA ANNALEA KINGSPARK 1 SECTION I SECTION 'A' • *'' • I, E B /�ar�s�E/c�', c¢rfi�i, ff�of its�b/a f car/le-Sly MAC' F l !' /e/6reser?fs a .survey mac% on /fe 9round. '-'.�y 517 4 /L� t '� v�+ B ar-7s/i4e/c7' safe / ,Q¢9. ,6/ic .Sur ¢you- # s/7