HomeMy WebLinkAboutEasement - C. David & Cynthia Hearn - 11 WINDCREEK ST Accepted by City Council 7/21/97 Waterline Extension in
Wilderness Trails
EASEMENT 011 - 93- 1592
THE STATE OF TEXAS }
COUNTY OF GALVESTON }
THAT C.David Hearn and wife Cynthia F.Hearn (herein referred to as "Grantor"),for Ten
and No/100 Dollars and other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,does hereby grant unto the City of Friendswood,whose mailing address
is 910 South Friendswood Drive,Friendswood,Texas 77546 (herein referred to as "Grantee"), an
easement over the approximately 0.0455 acre tract of land(the`Basement Tract")owned by Grantor
which is more particularly described in Exhibit"A" attached hereto and incorporated herein.
The easement hereby granted shall be used for the purposes of constructing, operating,
inspecting,maintaining,replacing and removing a water line and such related appurtenances as may
be necessary to carry water across the Easement Tract. Subject to the further provisions hereof,
Grantee, its agents,employees,workmen and representatives, shall have the right and privilege of
ingress and egress across the Easement Tract as may be necessary to construct,repair,maintain and
operate such water line and related appurtenances.
It is expressly understood and agreed by and between the parties that the easement rights
hereby granted shall be subject to and governed by the following provisions:
(1) The easement,rights and privileges granted herein are non-exclusive and the Grantor
reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably
interfere with the rights hereby granted.
(2) The easement,rights and privileges herein granted shall be perpetual or for so long
as Grantee shall need and/or utilize the easement for the purposes intended. The easement,rights
and privileges granted herein shall terminate when, or at such time, as the purposes hereof cease to
exist or are abandoned by Grantee.
(3) The easement,rights and privileges herein granted shall be subject to all valid and
subsisting encumbrances,conditions,covenants,restrictions,reservations,exceptions,rights-of-way
and easements of record, including all laws, regulations, and restrictions by municipal or other
governmental authority applicable to and enforceable against the Easement Tract.
TO HAVE AND TO HOLD the above described easement for the said purposes,together
with all and singular,the rights,privileges,and appurtenances thereto as described above in anywise
belonging to the said Grantee,its successors and assigns forever,and Grantor does hereby bind itself,
its legal representative and assigns,to WARRANT AND FOREVER DEFEND all and singular the
said easement unto said Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not
otherwise.
01 1 --93 - 1593
IN WITNESS WHEREOF,this instrument is executed this_,LqIday of JT,
1997.
By: �rr-��,�
C. David Hearn
By:
Cynthia F. Hearn
THE STATE OF TEXAS }
COUNTY OF GALVESTON }
4 i his instrument was acknowledged before me on this day of
997/'py C;•David Hearn.
J Notary Public - State of Texas
THE STATE OF TEXAS }
COUNTY OF GALVESTON }
This instrument was acknowledged before me on this day of
1997 by Cynthia F. Hearn.
i�Wi!IF f i Notary Public- State of Texas
v :
CITY OF FRIENDSWOOD
Attn:City Secretary Q�
910 S.Friendswood Drive
Friendswood,TX 77546-4856
011 - 93 - 1594
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
PROPOSED WATER LINE EASEMENT "A"
0.0455 ACRES OUT OF
A.H. JACKSON SURVEY, ABSTRACT 128
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 0.0455 acres being a proposed water line easement our of A.H.
Jackson Survey, Abstract 128 and being out of that certain tract described in a
deed dated 10-27-1975 from Alfred W. O'Farrell to C. David Hearn filed in Book
2619, Page 41 Galveston County Deed Records and said Hearn tract being known
as Lot 11 , Windsong Subdivision, an unrecorded plat, Friendswood, Galveston
County, Texas and being more particularly described by metes and bounds as
follows;
Beginning at a point marking the north corner of that certain tract described in a
deed dated 9-18-1971 from Alfred W. O'Farrell, et at to Glen H. Cress, III, et ux
filed in Book 2217, Page 300 Galveston County Deed Records and being the most
westerly corner of said Hearn tract;
Thence S 410 40' 06" W - 99.05, with the common line of said Hearn and Cress
tracts to a found 1/2" iron rod for corner;
Thence N 480 19' 54" W - 20.00' with the most northerly right-of-way line of
Windcreek (60' wide) to a point for corner;
Thence N 410 40' 06" E - 99.04' to a point for corner;
Thence S 480 23' 13" E - 20.00' with the most northerly line of said Hearn tract
to the POINT OF BEGINNING of herein described tract and containing 0.0455
acres (1,981 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-349-WE-A
June 17, 1997 FILED AND RECORDED
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
7-31-97FNA 8•35 A009720495 pU� ,0,3'1CHA �N
Patricia Ritchie, County Clerk
CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Ot sEGREs�
Attn:City Secretary
910 S. Friendswood Drive �19 S b U
Friendswood, TX 77546-4856
qt
Mayor
HAROLD L.WHITAKER
d City of Friendswoo , Councurnembers
�' �• KnIMN HAJECATE
910 South Friendswood Drive JERRY ERICSSON
Friendswoodr Texas 77546-4856 TOM MA TI N
MELAUSrEY
(281)996-3270 ALINE DICKEY
Fax: (281)482-1634 MELMEASE ES
City Manager
RONALD E.COX
City secretary
DELORIS MCKENZIE,T.R.M.0
July 29, 1997
Cert/RR #252-388-731
Patricia Ritchie.
Galveston County Clerk
Galveston County Courhouse
P.O. Box 2450
Galveston, Texas 77553
Dear Ms. Ritchie;
Please find attached for recording the following two documents
from the City of Friendswood:
EASEMENT: C. David Hearn and Cynthia F. Hearn.
Enclosed is check #61634 in the amount of $13.00 for filing,
please return required receipt with recorded easement.
Do not hesitate to call if you have any questions regarding
the recording of the above items.
Sincerely,
Li da Thornton
Asst. City Secretary
Attachments: -3-
EASE.LTR/LST03
P 252 388 731
US Postal Service
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Receipt for Certified Mail �sT
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Do not use for Intern tional Mail See reverse
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Galveston County Courthous
Street 6 Number
P.O. Box 2450
Post Olfloe,Stale,8 ZIP Code
Galveston TX 7755
Postage $
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card to you. °
•Attach this lone to the front of the mailpiecs,or on the back if space does not 1. ❑ Addressee's Address •�
permit. a
y •Wrle'Raturn Receipt Requested'on the mailpiece below the adicle number. 2. ❑ Restricted Delivery N
$ •The ReturnReceipt will show to whom the adicle was delivered and the dale «y
delivered. Consult postmaster for fee. 8
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v 3.Article Addressed to: ¢
P 252-388-731 E
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GALVESTON COUNTY COURTHOUSI ❑ Express Mail ❑ Insured
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N PS Form 3811, December 1994 Domestic Return Receipt
D. Accept easement from Mr. and Mrs. David Hearn for waterline
extension in Wilderness Trails.
You have already accepted two easements for the waterline now
under construction between Wilderness Trails and Windsong
Subdivision. This is the third easement. Staff recommends
acceptance of this easement. We believe it to be the last one
needed for this project.
E. Records Management Destruction Schedule
Deloris McKenzie, City Secretary, has prepared a schedule for the
destruction of records that are no longer needed for storage.
Over 300 boxes of records have been identified for destruction.
This schedule must be approved by the Council. Following your
approval and the approval of the Texas State Library, the records
will be destroyed.
P. Property Tax Report.
Rebecca Carbone, Tax Assessor/Collector for the city, has
submitted the property tax report for the month of June for your
review.
G. Minutes.
REC
Attachments
1. Memo from Jon Branson dated July 15, 1997 regarding Bid
97-14.
2. Memo dated July 16, 1997 from Jon Branson regarding Bid
97-15.
3. Memo from Jon Branson dated July 17, 1997 regarding Bid
97-16.
4. Memo from Melvin Meinecke dated July 1, 1997.
S. Letter from Galveston County Health District dated June 18.
6. Utility Easement from Mr. and Mrs. David Hearn.
7. Memo from Deloris McKenzie, City Secretary, dated July 1.
8. Property Tax Report from Becky Carbone for June 1997.
9. Minutes.
Consent Agenda July 21, 1997
CM9707.3I/KSN02/AGENDA97 Page 3