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HomeMy WebLinkAboutWater Line Easement - Carmac D. & Patricia Taylor - OAK TREE DR EASEMENT GAC 9955412 9 P4s 014 - 04 -- 2233 14ATERLINE ' THE OAKTREE DEVELOPMENT CARMAC TAYLOR EASEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THAT we, Carmac D. Taylor, Jr, and wife, Patricia Taylor, as owners of Lots 2 and 4; Alexander M. Young, III, as owner of Lots 1 and 3; Assessments of the Southwest, Inc., a Texas Corporation, as owner of Lot 5; Moon, Able, Lawrence and Long, a Texas partnership, as owner of Lot 6; and James O. Nye, as owner of Lots 7 and 8, all Lots located in The Oak Tree Development subdivision and hereinafter collectively called "Grantors," whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) cash to Grantors paid by the City of Friendswood, Texas, a home-rule Texas municipality hereinafter called "Grantee," whose principal address is 910 South Friendswood Drive, Friendswood, Texas 77546, have GRANTED, SOLD AND CONVEYED and by these presents, do GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an underground water utility easement in and under that certain property located in Galveston County, which is described as: All that certain 5,282 square feet being a water line easement access lots 1-8, Oak Tree Development according to the plat thereof filed in Volume 15, Page 190 Galveston County Map Records, Friendswood, Galveston County, Texas and being more particularly described by metes and bounds as described further in Exhibit "A." Grantee shall also have rights of ingress and egress to and from said easement, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said necessary water utility facilities, together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees, and, CITY OF FAIENDSWOOD Attn:City Secretary 910 S.Friendswood Drii Friendswood,TX 77546-4856 014- 04 - 2234 parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said electric tkstriliuYien facilities. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and assigns, forever; and Grantors do hereby bind themselves and Grantors' successors and assigns to warrant and forever defend, all and singular, the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, and under Grantors, but not otherwise. Grantors agree to indemnify and hold Grantee harmless from and against any and all liability resulting from, or incidental to, the environmental condition of the Property resulting from the use thereof by Grantors or their predecessors in interest. EXECUTED this 18th day of October 1999 . A'T-TEE TJ ,,` CITY OF FRIENDSWOOD, TEXAS By. .J�eloliis;fVlcKenzie, City Secretary Harold L. Whitaker, Mayor ATTEST: ASSESSMENTS OF THE SOUTHWEST, �j INC. By: l r By: wAo P 4 Name: E',\eer. Vey kc-�'\ Yv s V Y\ Name: 6)AzucE 09. ! Te�a,Nsn,v Title: S e e Y-it Title: Pass iD eN Tr CITY OF FRIENDSW60D Alin: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-48M 014 �- 04 ~2235 ATTEST: MOON, ABLE, LAWRENCE AND LONG By: By: �- nc�• Name: Name: Curti A/. C&Ly , "co, Title: Title: /�ctilangr �za Z47 Carmac y Jr. atricia Taylor C � • Alexan r . Young, III James . Nye ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this 19th day of October , 19 99 , by Harold L. Whitaker, Mayor of the City of Friendswood, Texas, a municipal corporation, on behalf of said City. ,•'�lilD.1 �,, i . ota y Public in and for the State of Texas Linda S. Thornton ._, ; ;,. a �',;• ,,,, (Name typed or printed) p�• Commission Expires: 08/10/2003 (SEAL) CITY OF FRIENDSWOOD Attn: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-4856 014- 04- 2236 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § n This instrument was acknowledged before me on this 7'�L' day of pntp„j 6&L 19 99 , by Alexander M. Young, III. ti+�rFy{ DONNA J.BRYANT Notary Public and for he State of Texas • �° MY fAMMI5510N EXPIRES rl/ ay .I Ootober 2, 1999 V (Name typed or printed) Commission Expires: q (SEAL) ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this , 3 day of 19-19-1 James O. Nye N Pu lic in and for t e State of Texas 9 FOHILDA MONTES �S v r Notary Public ��� / * STATE OF TEXAS (Name typed or printed) 5 My Comm.Up.09/28/99 TUW `m ' Commission Expires:_- 9—I/f ' 97 (SEAL) CITYOFFRtIWDSW60D "Attn:Citygecretary 910 S.FrIOndswOod OrII,s Friendswood,T'K 77U&4W 014 - 04 - 2237 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF ��rrr�S § This instrument was acknowledged before me on this day of J41 19r1c) , by/,�,�D�rP" ,�h�i,��, / f Assessments of the Southwest, Inc., a Texas Corporation, on behalf of said ^Corporation. brrntk- lk . / S c$f3a - Notary Publ1�c �n and for Ithe State of Texas =a"eLyF: DONNA J.BR= ' •'_ MY COMMISSION EXPIRES -T �r u A 4 October2, 1999 �nnnc` (Name typed or printed) Commission Expires: (SEAL) ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this 13 day of 19 by O RCGua�✓n2c , jr" , Moon, Able, Lawrence and Long, a Texas Partnership, on behalf of said Corporation. Notary Public in and for the State of exas BRENDAIANGFORD MY COMMISSION EXPIRES J�IY��2OO2 (Name typed or printed) f Commission Expires: 0 " oZ 0 " d 0 n a (SEAL) CITY OF FRIENDSWOOD . Attn: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-4856 014 - 04 - 2238 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this day of Sp__p�cH _bcr 19 qA, by CarmaiCD. Taylor. )=3RHONDAL. SAC® ICAS (Name typed or printed) .2003 Commission Expires:_ CQ — z-o - 2 o o3 (SEAL) ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on this 2A day of 19 `1°1, by Patricia Taylor. RHONDA L. CESSAC ,.yNOTARY PUBLIC Notary Public in and State of Texas STATE OF TEXAS FZLw.oA o_ L (?r s so_c— 'E My Comm.Exp.6-20-2003 (Name typed or printed) Commission Expires: (o - Zo - 2-0 o3 (SEAL) CITY OF FRIENDSWO01) Attn: City Secretary 910 S. Friendswood Drive Friendswood,U 77546-4856 014- 04 - 2239 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 5, 839 SQUARE FEET BEING A WATER LINE EASEMENT OUT OF OAK TREE DEVELOPMENT FRIENDSWOOD,GALVESTON COUNTY,TEXAS All that certain 5,839 square feet being a water line easement out of Oak Tree Development according to the plat thereof filed in Volume 15, Page 190 Galveston County Map Records, Friendswood, Galveston County,Texas and being more particularly described by metes and bounds as follows: Commencing at a found 5/8" iron rod making the west corner of said Oak Tree Development and said point being on the northeasterly right-of-way line of FM 518 (100' wide); Thence S 45' 00' 00" E-98.00' with the said northeasterly right-of-way line of FM 518 to a found 5/8" iron rod marking the point of curvature of a curve to the right having a radius of 1,004.93' and a central angle of 04' 12' 31'; Thence with said curve and continuing with the northeasterly right-of-way of said FM 518 an arc distance of 73.82' and a chord bearing and distance of S42° 53' 45"E-73.80' to the POINT OF BEGINNING of herein described tract; Thence N 45° 57' 03"E- 87.85' to a point for corner; Thence N 71° 00' 16"E- 32.30' to a point for corner; Thence N 23'07' 20"E- 37.80' to a point for corner; Thence N 45' 00' 00"W- 13.62' to a point for corner; Thence N 85° 37' 25"W- 36.95' to a point for corner; Thence N 01' 03' 10"E- 8.01' to a point for corner; Thence N 45' 00' 00"W- 3.07' to a point for corner; Thence S 850 37' 25"E- 43.45' to a point for corner; Thence S 45° 00' 00"E- 19.79' to a point for corner; Thence N 58' 53' 39"E-2.87' to a point for corner; Thence N 450 19' 32"E- 51.43' to a point for corner; Thence N 29° 13' 18"E- 38.95' to a point for corner; CITY OF FRIENDSWOOD 1 Attn: City Secretary 910 S.Friendswood Drive Friendswood,TX 77546-4856 014 - 04 - 2240 Thence N 45' 00' 00" W - 12.03' to a point for corner; Thence N 45' 00' 00"E - 10.00' to a point for corner; Thence S 45' 00' 00" E - 9.20' to a point for corner; Thence N 29' 13' 18" E - 49.03' to a point for corner; Thence N 45' 14'44"E - 30.45' to a point for corner; Thence N 3721' 56" W - 5.43' to a point for corner; Thence N 52' 38' 04" E - 10.00' to a point for corner; Thence S 37°21'56"E - 5.00' to a point for corner; Thence N 52' 38' 04"E- 85.54; to point for corner; Thence S 37' 21' 56" E - 10.00' to a point for corner; Thence S 52' 38' 04"W- 91.55' to a point for corner; Thence S 45' 14' 44" W - 31.77' to a point for corner; Thence S 29' 13' 18" W - 17.66' to a point for corner; Thence S 51° 19' 45" E -29.05' to a point for corner; Thence S 380 40' 15" W - 10.00' to a point for corner; Thence N 5 P 19' 45" W- 27.38' to a point for corner; Thence S 29° 13' 18" W- 22.65' to a point for corner; Thence S 45' 00'00" E - 33.62' to a point for corner; Thence S 45' 00' 00" W - 10.00' to a point for corner; Thence N 45' 00' 00" W- 30.79' to a point for corner; Thence S 290 13' 18" W - 37.54' to a point for corner; Thence S 45' 19' 32" W- 54.04' to a point for corner; Thence S 58° 53' 39" W- 11.14' to a point for corner; 2 CITY OF FRIENDSWOOD Attn: City Secretary 910 S. Friendswood Drive Friendswood, TX 77546-4856 014-- 04 - 2241 Thence S 23° 07' 20" W- 39.01' to a point for corner; Thence S 71' 00' 16' W- 34.52' to a point for corner' Thence S 45' 57' 03"W- 39.68' to a point for corner; Thence S 44' 02' 57"E- 5.00' to a point for corner; Thence S 45' 57' 03" W- 10.00' to a point for corner; Thence N 44' 02' 57" W- 5.00' to a point for corner; Thence S 45' 57' 03" W - 36.56' to a point on a curve to the right having a radius of 1,004.93' and a central angle of 00° 34' 16"; Thence with said curve and the northeasterly right-of-way line of said FM 518 an arc distance of 10.02' and a chord bearing and distance of N 40' 30' 21" W- 10.02' and a chord bearing and distance of 5,839 square feet of land more or less. FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPER� 1A15 1I�9 NOV 1999 G' 11-1-99 09:41 AM 9955412 CITY OF ti 6UFLIS-M $25.00 OFFq�ENDg PatUALVESTON COUNTY,County C1IYSFCRErAny CITY OF FRIENDSWOOD 3 Attn: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-4856 AGENDA 10/18/99 CC: REC 9 27/99 e � ° City o f ghiendswood COMMUNITY DEVELOPMENT DEPARTMENT 910 South Friendswood Drive r FRIENDSWOOD, TEXAS 77546.4856 EXA August 3, 1999 Dr. Carmac Taylor #4 Oak Tree Friendswood, Texas 77546 Dear Dr. Taylor: The City Attorney reviewed the easement deed that was submitted by the property owners of the Oak Tree Development. She was concerned about some of the wording in the document and has provided a revised document. Please have the attached document executed and notarized by all of the property owners of the Oak Tree Development. Resubmit the document to the City so that it can be placed on the next available City Council agenda for acceptance by the City. Once this is complete, the City can start the maintenance of the existing water line. If you have any questions, please do not hesitate to contact me. Sincerely, Mickiel G. Hodge, P.E., R.P.L.S. Community Development Director MGH/cll Enclosure BUILDING INSPECTION&CODE ENFORCEMENT • ENGINEERING-PLANNING&ZONING (281)996-3201 (281) 996.3290 CC: REC 9 2 D7/99 AGENDA 10/4/99 �P City o f ghtendswood COMMUNITY DEVELOPMENT DEPARTMENT 910 South Friendswood Drive FRIENDSWOOD, TEXAS 77546.4856 1•EXA August 3, 1999 Dr. Carmae Taylor #4 Oak Tree Friendswood, Texas 77546 Dear Dr. Taylor: The City Attorney reviewed the easement deed that was submitted by the property owners of the Oak Tree Development. She was concerned about some of the wording in the document and has provided a revised document. Please have the attached document executed and notarized by all of the property owners of the Oak Tree Development. Resubmit the document to the City so that it can be placed on the next available City Council agenda for acceptance by the City. Once this is complete, the City can start the maintenance of the existing water line. If you have any questions, please do not hesitate to contact me. Sincerely, Mickiel G. Hodge, P.E., R.P.L.S. Community Development Director MGH/cll Enclosure BUILDING INSPECTION&CODE ENFORCEMENT • ENGINEERING-PLANNING&ZONING (281)996.3201 (281)996-3290 : D 9) Mayor y Friendswood 7�-t�+y n �y1(� ryr HAROLD L WHITAKER City of 1 / [•Gndswoo Councilmembem KITTEN HAn?CATE 910 South Friendswood Drive TERRY ERICSSON MANIFriendswood, Texas 77546-4856 KIM BRIZENDINE _ (281)996-3270 LARRY TAYLOR rExp Fax: (281)482-1634 MEL MEASELBS City Manager RONALD I?COX October 29, 1999 City Secretary DEIARIS MCKENZIE,T.R.M.C. Cert/RRR# Z268-347-858 Patricia Ritchie County Clerk of Galveston GALVESTON COUNTY COURTHOUSE P.O. Box 2450 Galveston, Texas 77553-2450 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms. Ritchie: Enclosed is the following document for recording from the City of Friendswood: WATERLINE EASEMENT: Mr. & Mrs. Carmac D. Taylor Please record this document ,and return original Waiver of Encroachment to: City of Friendswood Attn: Deloris McKenzie, 910 S. Friendswood Drive, Friendswood, Texas 77546-4856. Also, enclosed is check # in the amount of $ 25 . 00 for the above document. - Please do not hesitate to call if you have any questions. Sincerely, Linda Thornton Assistant City Secretary Attachment: - 9 - Z 268 347 858 US Postal Service - Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Serdto Patrtcia Ritchie G7 LV. CTY. COURTH Street&Number P.O. BOX 2450 Ga of tonl,D TX 7 7 5 5 3-2 4 i 0 Postage $ 121, Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered •� Return Receipt MON to Whom, Dale,If Addressee's Address O TOTAL Poslege&Fees $ ,? 2 co i � PosMark or Date a9 10/29/99 v .� SENDER: r4 O Complete Items i and/or 2 for additional services. I also Wish t0 receive the follow- w Complete ilams 3,4a,and 4b. ing services(for an exifa fee): jE2 O Print your name and address on the reverse of this form so that we can return this card to you. m o Attach this loan to rho front of the mailpiece,or on the back if space does nor 1' 0 Addressee's Address 0 w permit. 2. O Restricted Delivery Z $ ❑Write-Relum Receipt Requested'.,the mailplece below the article number. D The Return Receipt will show to whom the article was delivered and the data of o delivered. n m 3.ARlcle Addressed to: 4a.Article Number m � a E PATRICIA RITCHIE Z268-347-858 : °u AlbCOUNTY CLERK OF GALVESTON 11 Regi RegieType ❑ sttered Certified GALVESTON COUNTY COURTHOU E)Express Mail P v S natured a P.O. BOX 2450 ' a 0 GALVESTON, TX 77553-2450 RelRe ipl rMerc DI D p 7.Datea of D Ilv Q x w 5.Received Ry:(Pdnf Name) Q o 8.Addressee'ssee' y ff treated and r Is paid) s 6.Si lure(A orAgf) €cT PS Forin Jtv 1,Decennoer 1994 102595-99-80223 Domestic Return Receipt