HomeMy WebLinkAboutUtility Easement - Lloyd H. Werner; Billy and Peggy Sellers - 109 STRATMORE DR IOW'
STATE OF TEXAS 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON 0
EASEMENT
That Lloyd H. Werner 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 31, 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 31, Block 1 of Annalea-Kingspark Section "A".
and more particularly described as follows:
BEGINNING at the common southerly corner of Lot 32 and easterly corner
of Lot 31, Block 1 of the said Annalea-Kingspark Section "A";
THENCE S 45°00' W 60.0' with the southeasterly line of the said Lot 31,
Block 1, to the common southerly corner of Lot 31 and easterly corner
of Lot 30, Block 1;
THENCE N 45°00' W 5.0' with the common line of the said Lot 30 and
Lot 31, Block 1;
THENCE N 45°00' E 60.0' parallel to and 5 ft. northwesterly from the
southeasterly line of the said Lot 31, Block 1 to a point in the
common line of Lot 31 and Lot 32, Block 1;
THENCE S 45°00' E 5.0' with the common line of the said Lot 31 and
Lot 32, 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 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-
) ..„.„ s
.- ,1AME$C.MOROAN
CI\Y M�n�.,
City of
.T J'`VlY/ BENNV BAKED
RICHARD L.HAKEN
PAUL E.MAAZ
109 WILLOWICK - PHONE 482-3323G WILLIAM B.PATTON
MILTON L.WINDLEA
FRIENDSWOOD, TEXAS 77546 EDWARDO.ZEITLER
y`, May 28, 1976
Mr. Lloyd H. Werner
109 Stratmore
Friendswood, Texas 77546
Dear Mr. Werner:
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 Lot 31, Block 1 of-Annalea-Kingspark Section "A".
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 $35.00 dollars for 0.007 acres. Your cooperation in this
1 , 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.
Y rs very truly,
( /. /2---)A4-T7 ,
James C. Morgan
City Manager
JCM:mw
DESCRIPTION OF TRACT D-116-T, A TEMPORARY CONSTRUCTION
EASEMENT 15 FT. IN WIDTH ADJOINING TRACT D-116 TO THE
NORTHWEST, SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP
UPON COMPLETION OF CONSTRUCTION, AND LYING WITHIN LOT 31 ,
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 a point in the common line of lot 31 and lot 32,
block 1 of the said Annalea-Kingspark section "A" , said �,�;�Q, y
point being the most northerly corner of t d 6 and
lying N 45°00 ' W 5.0 ' from the common southerly corner of
lot 32 and easterly corner of lot 31;
1=(- 71? -4-
THENCE S 45°00 ' W 60.0 ' with the northwesterly line of -
Aa B= i-6 to a point in the common line of lot 30 and lot 31 ,
J '_ block 1 of the said Annalea-Kingspark section "A";
THENCE N 45 °00 ' W 15.0 ' with the common line of lot 30 and
lot 31 , 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 31 and lot 32, block 1 of the said Annalea-Kingspark
section "A";
THENCE S 45°00 ' E 15.0 ' with the common line of lot 31 and
lot 32, 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.
,7 .
/ -e 7- - (----7- \ , ,;(- c -e. ,-,z__,--, 17,)
E. B. Mansfield, P.E.
Registered Public Surveyor /No. 517
DESCRIPTION OF TRACT D-116 FOR THE CITY OF FRIENDSWOOD, BEING
A PERMANENT 5 FT. EASEMENT ACROSS LOT 31 , 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 32 and
easterly corner of lot 31 , block 1 of. the said Annalea-
Kingspark section "A";
THENCE S 45°00 ' W 60.0 ' with the southeasterly line of the
said lot 31, block 1 , to the common southerly corner of lot
31 and easterly corner of lot 30 , block 1;
THENCE N 45°00 ' W 5.0 ' with the common line of the said
lot 30 and lot 31 , block 1;
THENCE N 45 °00 ' E 60.0 ' parallel to and 5 ft. northwesterly
from the southeasterly line of the said lot 31 , block 1 to
a point in the common line of lot 31 and lot 32 , block 1;
THENCE S 45°00 ' E 5.0 ' with the common line of the said lot
31 and lot 32, 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.
) /7/7 /. '7:61/
E. B. Mansfield, P.E.
Registered Public Surveyor No. 517
SCALE I'i= 501-0"
0
IS FT.CONSTRUCTION LOT 32 pti POINT OF BEGINNING
EASEMENT
PARCEL NO. D-II6 T
AREA = 0.0207 ACRES 545E 5'
— S45'E /5
B+E ---- - //////////////. t' '3
8 WIFE PEGGY R. // r o
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LOT 3I // ;\ 1 LOT 4
I. BLK 3
I
5 FT. SANITARY SEWER //////////' 7 n
EASEMENT ,r ; •o �p
PARCEL NO 0-II6 b \
AREA =0.0069 ACRES y45°jy 45' a144
/V45. ' .5 ' : << h
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LOT 30 k
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Fnd 54 -
ANNALEA ANNALEA
KINGSPARt< SECTION I
SECTION A'
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EASEMENT
STATE OF TEXAS § KNOW ALL MEN BY
COUNTY OF GALVESTON § THESE PRESENTS :
THAT WE, •
-ram,- -r�,
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 31, 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
32 and easterly corner of lot 31, block 1 of the
said Annalea-Kingspark section "A" ;
THENCE S 45°00 ' W 60 . 0 ' with the southeasterly
line of the said lot 31, block 1 , to the common
southerly corner of lot 31 and easterly corner
of lot 30 , block 1 ;
THENCE N 45°00 ' W 5 . 0 ' with the common line of
the said lot 30 and lot 31, block 1 ;
THENCE N 45°00 ' E 60. 0 ' parallel to and 5 ft .
northwesterly from the southeasterly line of
the said lot 31, block 1 to a point in the
common line of lot 31 and lot 32 , block 1 ;
THENCE S 45°00 ' E 5 , 0 ' with the comalon line of
the said lot 31 and lot 32 , block 1 to the place
of beginning and containing 0 , 007 acres of and
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 of the northwest , and lying over and
across lot 31, 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 31 and lot 32 , 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 32 and east-
` erly corner of lot 31;
THENCE S 45°00 ' W 60 , 0 ' with the northwesterly
line of the heretofore described utility ease-
ment to a point in the common line of lot 30.
and lot 31, block 1 of the said Annalea-Kingspark
section "A" ;
THENCE N45°00 ' W 15 , 0' with the common line of
lot 30 and lot 31, 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 31 and lot 32 , block 1 of the said
Annalea-Kingspark section "A" ;
THENCE S 45°00' E 15 . 0 ' with the common line
of lot 31 and lot 32 ,block 1 to the place of
beginning 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 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-
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Form 52A 624-7-64-H.
EXAMINER'S REPORT
Closer's Notes
FOR: STEWART TITLE GUARANTY COMPANY G.F.No. 4963-A
CORRECT DESCRIPTION OF PROPERTY:
Part of Lot 31 in Rlock 1 of Annalea Kingspark, Section Din and
Whitehall Section "A", A sin in ar.T, According to the map thereof
recorded in 1616/74; and being more fully described by m/b in
Survey aLid Field Notes attached (Tract D-116 dud Tract D-116-I)
Map Volume Page Records
Title. __Billy Van _Sellers and wife Peggy R.
As of 11/1/76
Date
By Deed Dated 2/16/66 From Norwood }Tomes, 1Nr .
Recorded,Volume 1761 Page 170
SUBJECT TO:
1. Mortgage Liens,First V/L 1763/170 in deed from Norwood Homes, inc.
D/T 1768/276 Billy Van Sellers and wife Peggy R. to Perry Russell T/F
Fannin Bank
2/16/66 $14,950.00 Req. Par. Rel,
2.,Mortgage Liens,Second:
3. Paving Liens: Maintenance charge 1756/212
4. Abstracts or Judgments:
6. Federal Liens:
6. Life Interest:
7. Leases:
8. Minerals: 45%-, res. for 20 years from 12/12/62 and a/1/a Prod. 1533/20
9. Royalties:3; cony. 943/501
10. Pipe Lines:
11."Rights-of-Way:
12. Easements:Utility, aerial, and Drainage 1616/74
13. Restrictions: 1616/74; 1738/791 amended 17 Si/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 7/27/76
Survey with M/Rfield note dear . by R.R. Mansfield Dated 4/12/76 in fil -
R
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ATTORNEY
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Form 52A EXAMINER'S.. tEPOR -, ", - of re,-,
FOR: STEWART TITLE GUARANTY COMPANY' ` ' G.i�' No. ''
CORRECT DESCRIPTION OF PROPERTY:
"lGy 1- ,,9-'?"- /cr 71- 3 / /.•t/ '/ k / 1' Acrt et'A.-ey
:$1 Al 6 c- .-cc..0 • 6/6/74-;
¢_( L �4�.� •�iZ. c„--,t di 17 ' 14 ,� �,�,..-,•,) o- 4 e r�A
/ r �Q—ll h T O-r/G~-T/l
u f� CT`"", Map Volu a Pale Records
Title In • A/ /4 L/a r1 S.P_:L4'.ur 4 • /e.77 K•
As of 2/- -7/ /0/76
Date
By Deed Dated 2--//‘ /6 b From .0 ✓1.c/✓.01 • •10.e.+ei I .C..-4
Recorded,Volume /7 6 3 Page /7 o
SUBJECT TO: 11V/L /263c�/ /74 ;..r �t at,..., /v�.,—“,,k/i ,fl....e,, 4.1,,
1: Mortgage Liens,First fi/7 /-7 6 3/1-7 6 Of/7 l/�Gn Sti1L�v�• q.....4.
2-11 6/6 (r, 4 1 9,1-6 . d o "i,./a'
2. Mortgage Liens,Second:
3. Paving Liens: neze.✓7 e-4-,ec..-L4' k -P_ /7j /2../ 2-.
4. Abstracts or Judgments:
6. Federal Liens:
6.--Life Interest:
7. Leases:
8. Minerals: 't/`'_ ?0 re---3 • ,C.,, 2- /: . (-^- L}-//2/Cn Z V- ///// "v /S3 3/7 2
9. Royalties: V4 60 er '2 -3/ /
10. Pipe Lines:
11. Rights-of-Way:
� � � ! / b/712 Easements: C2/-7 I, ! i � ,/ . / �
/
13. Restrictions: `6 !6/ %4/ / 7 7.,if)/9 U/ cl..k.,.. /?J /2/3
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.
ip ¢i,Misc,-. .ous:
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