Loading...
HomeMy WebLinkAboutUtility Easement - Louis A. & Carolyn T. Simms - 111 STRATMORE DR EASEMENT STATE OF TEXAS § KNOW ALL MEN BY COUNTY OF GALVESTON § THESE PRESENTS : THAT WE, Louis A. Simms and wife, Carolyn T. Simms 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 30, 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 par- ticularly described as follows : BEGINNING at the common southerly corner of lot 31 and easterly corner of lot 30, block 1 of the said Annalea - Kingspark, Section "A" ; THENCE S 45°00 ' W 60 . 0 ' with the southeasterly line of the said lot 30, block 1, to the common southerly corner of lot 30 and easterly corner of lot 29 , block 1, marked by a 5/8" iron rod; THENCE N 45°00 ' W 5 . 0 ' with the common line of the said lot 29 and lot 30, block 1; THENCE N 45°00' E 60. 0 ' parallel to and 5 ft . north- westerly from the southeasterly line of the said lot 30, block 1 to a point in the common line of lot 30 and lot 31, block 1; THENCE S 45°00 ' E 5 . 0 ' with the common line of the said lot 30 and lot 31, block 1 to the place of begin- ning 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 adjoining the above described utility easement to the northwest , and lying over and across lot 30 , 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 30 and lot 31, 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 31 and easterly corner of lot 30 ; 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 29 and lot 30 , block 1 of the said Annalea - Kingspark section "A" ; THENCE N 45°00 ' W 15 . 0' with the common line of lot 29 and lot 30, 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 30 and lot 31, block 1 of the said Annalea - Kingspark section "A" ; THENCE S 45°00' E 15 . 0 ' with the common line of lot 30 and lot 31, block 1 to the place of beginning 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- STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON 0 EASEMENT That L. A. Simms 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 30, Block 1 of Annalea-Kingspark Section "A" in the Perry and Austin League, Abstract 20. The easement and right-of-way hereby conveyed shall be a permanent 5 ft. easement across Lot 30, Block 1 of Annalea-Kingspark Section "A". and more particularly described as follows: BEGINNING at the common southerly corner of Lot 31 and easterly corner of Lot 30, Block 1 of the said Annalea-Kingspark section "A"; THENCE S 45°00' W 60.0' with the southeasterly line of the said Lot 30, Block 1, to the common southerly corner of Lot 30 and easterly corner of Lot 29, Block 1, marked by a 5/8" iron rod; THENCE N 45°00' W 5. 0' with the common line of the said Lot 29 and Lot 30, Block 1; THENCE N 45°00' E 60.0' parallel to and 5 ft. northwesterly from the southeasterly line of the said Lot 30, Block 1 to a point in the common line of Lot 30 and Lot 31, Block 1; THENCE S 45°00' E 5.0' with the common line of the said Lot 30 and Lot 31, 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 4 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- • ' / _- // / RA VM L. LO WE M.yor JAMES C.MORGAN City M•n.p.r Ctu of rzenc�s woo G co ncllm.n BENNV q BAKER RICHARD L.HA KEN C>- ►AUL E MAAZ 109 WILLOWICK - PHONE 482-3323 WILLIAM B.►ATTON MILTON L.WINDLER F R I E N DSWOOD, TEXAS 77546 EDWARD O.ZEITLER May 28, 1976 • Mr. A. Simms 111 Stratmore Friendswood, Texas 77546 Dear Mr. Simms: 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 30, 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 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, K /21 James C. Morgan City Manager JCM:mw DESCRIPTION OF TRACT D-117 FOR THE CITY OF FRIENDSWOOD, BEING A PERMANENT 5 FT. EASEMENT ACROSS LOT 30 , 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 31 and easterly corner of lot 30, block 1 of .the said Annalea- Kingspark section "A"; THENCE S 45°00 ' W 60.0 ' with the southeasterly line of the said lot 30 , block 1, to the common southerly corner of lot 30 and easterly corner of lot 29, block 1 , marked by a 5/8" iron rod; THENCE N 45°00 ' W 5.0 ' with the common line of the said lot 29 and lot 30, block 1; THENCE N 45°00 ' E 60.0 ' parallel to and 5 ft. northwesterly from the southeasterly line of the said lot 30, block 1 to a point in the common line of lot 30 and lot 31, block 1; THENCE S 45°00 ' E 5.0 ' with the common line of the said lot 30 and lot 31, 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. A E. B. Mans ield, P.E. / Registered Public Surve or No. 517 DESCRIPTION OF TRACT D-117-T, A TEMPORARY CONSTRUCTION EASEMENT 15 FT. IN WIDTH ADJOINING TRACT D-117 TO THE NORTHWEST, SAID EASEMENT TO REVERT TO ORIGINAL OWNERSHIP UPON COMPLETION OF CONSTRUCTION, AND LYING WITHIN LOT 30, 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 30 and lot 31, block 1 of the said Annalea-Kingspark se--c---�� "t--��ion "A," said • point being the most northerly corner of tract D-I17 and lying N 45°00 ' W 5.0 ' from the common southerly corner of lot 31 and easterly corner of lot 30; THENCE S 45°00 ' W 60.0 ' with the northwesterly line of tract �, A.:'tiu ' "t'? to a point in the common line of lot 29 and lot 30 , .c� -�""I block 1 of the said Annalea-Kingspark section "A"; THENCE N 45°00 ' W 15.0 ' with the common line of lot 29 and lot 30 , 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 30 and lot 31 , block 1 of the said Annalea-Kingspark section "A"; THENCE S 45°00 ' E 15.0 ' with the common line of lot 30 and lot 31 , 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. E. B. Mansfiel , P.E. Registered Public Surve or No. 517 . SCALE 1"= 50'-0" to %8 FM 5 j I POINT OF BEGINNING lb FT. CONSTRUCTION �I • - EASEMENT LOT 31 w PARCEL NO. D-II7 T AREA =0.0207 ACRES 54:5 5 .57� i LOT 4 5 0.SE /.5 MERMAN J ALLEN d /5 & WIFE S. M. LOT 30 °14•1 BLK.I �%, I - BLK 3 5 FT. SANITARY SEWER EASEMENT I � PARCEL NO D- 117 I AREA - 0.0069 ACRES y4/5°4y /.5' LOT 5 /Y -05`MY S' \ °t14 1Ian LOT 29 ANNALEA ANNALEA KINGSPARK SECTION I SECTION 'A' tAv t6• L I?~ t,',S,'v_ FIELD `. .0:. 517 0 4. {• v ! F B. gansf¢/d, c¢r/i/y fhal ffiis/b/ai cori-¢cf/y S i re/brge-sei is d survey mac9'4G on th¢ 9rour2d /7 ,P¢Jc. fib/IC Sc//-veyo/- ,, 5/7 L O� " Ps# v -)-77/1 r j /�� !`T /%`7 9/9/ -0.7--v7--/.4. r°- /lA 6j (/ • / I 4V *71777" w ?'i4. a/ ? 'yam' .21 e a • ,z,vv 7vir/ 96y, 44 -7e/ ctP •09,n- _???; / Form 52A 5M-'- 4-H. EXAMINER'S REPORT Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY G.F.Nc. 4962-A CORRECT DESCRIPTION OF PROPERTY: Part of lot 30 in Block 1 of Annelia Kingspark SectioriA and Whitehall S ction "A" a S/D in GCT according to the map thereof recorded in 1616/74; and being more fully dose. by Survey and f' ile (Tract D-l1 nd Tract D-117-T) Map Volume Page _Records• Title In: Louis Allen Simms and wife Carolyn Teresa As of 11/1/76 Date By Deed Dated 1/27/69 From Herman Joel Allen and wife Shirley M. Recorded,Volume 2007 Page_ 810 I - _ SUBJECT TO: 1. Mortgage Liens,First V/L 1791/894 in deed from Norwood Homes, Inc; D/T 1796/779 Herman Joel Allen and wife Shirley M. to Perry Russell T/F Fa in do.r,v iii ( (06 0 11 . 4Sa5.00 Rat,— PC.-,,- RDA . . 7 6 C. %£s t£s/ b -k-G ,J-o r c.._e &. F u, o . (_sz," 5 c-,- S c C, ----\L_ 2. Mortgage Liens,Seconi 3. Paving Liens: Maintenance charge 1756/212 _^__ 4. Abstracts or Judgments: _ 5. Federal Liens: _ 6. Life Interest: 7. Leases: 8. Minerals: 457, res. for 20 years from 12/12/62 and A/L/A` Prod 1533/20 9. Royalties: 4 cony. 943/501 _ 10. Pipe Lines: _ 11. Rights-of-Way: 12. Easements: Utility, aerial and de$inage I6/b/7Y 13. Restrictions:_ lb/6/74; 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 7/27/76 Survey with M/B field note disc. by E.B. Mansfield dated V 12/76 in fil ATTORNEYJA Form 52A EXAMINER'S REPORT Closer's Notes FOR: STEWART TITLE GUARANTY COMPANY O.F.No.4!6 2-4 CORRECT DESCRIPTION OF PROPERTY: Sec, f,s 4,�v "/49-t, , A%/1 1�w 7/ fQ c/�i��J "//1. �" ,f/. / t/ 6 r 02 C d Adik: t9 1-- A- `4Py--e ke-ce,r 6',:c/ /6/6/ ' J ,t7 de,_ .� -J d- 4 e/d„ate _ - /' tx Tuck D//7%- Records Volume Page Map B Title In: Z.(') ✓[.i /l fle.e✓ —.C./xtiS.C I? v-��• As of ri -r�Date ,(� By Deed Dated //L7/6 y From ��r�. ✓o �/ '/ // iii _SA l✓ M• Recorded,Volume �-- �L 7 Page �/ SUBJECT TO: 1. Mortgage Liens,First V/e-- / 7 ce`! JQ4 /y GHQ r2-4.r ri A9Af el , . - 't y / 7 1 7 7 9 !-7/C-i--,tv a si 7 e_/ 4-//e.-tJ 54' 7 /1- ^ /' -�-y u s 3.G// y--� ,c; „ /6 / 4/6' a-2 : J0 /tt/ T.) F- /8fYI37 , Gt/[,e es/e✓ Q-x S 3. Paving Liens: /_(4/*live.- -, ° /1i7e J7J 6/ 2-/Z' 4. Abstracts or Judgments: 6. Federal Liens: 6. Life Interest: 7. Leases: 8. Minerals: .^ lee-S. 4-P.- t 21/a/l0 2 J ,P-/C/i l /'.-.,1/ /�—".3 3/2-0 9. Royalties: 1 4 LJ rt v Y4 3/ 10. Pipe Lines: 11. Rights-of-Way: // 12. Easements: �l (l '2 / e� a �✓ui+v�G /6/6/741 13. Restrictions: /6 /b/74/ / 2 3 x/7 a.oe-_Gf r / /;?,J' ./ 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. QS r 16.Miscellaneous: '— f � C'.1S `f 0•"'� 41 0-e 7 �7/76 "� ,•, E. l 1v/2/76 e--, C 4 TTORNEY