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Home My WebLink AboutGrant of Easement - Joseph Street - 3 QUEENS LN COWARDS CREEK SANITARY SEWER GAC 200O049296 7 G9s, GRANT OF EASEMENT 014 - 9 4 - 0 0 3 7 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § That Joseph Street, et ux., hereinafter referred to as "Grantor," for and in consideration of the growth, the requirements, and the benefits to accrue to the parties and the citizens of the City of Friendswood, Texas, and the release of an existing easement, in consideration for and the receipt and sufficiency of such consideration being hereby acknowledged, has GIVEN, GRANTED, AND CONVEYED and by these presents does hereby GIVE, GRANT, AND CONVEY, unto the City of Friendswood, Texas, hereinafter referred to as "Grantee," its successors, assigns, and legal representatives, a nonexclusive and perpetual easement for public sanitary sewer purposes, including the right to construct, operate, maintain, inspect, replace, and remove said sanitary sewer, along, across, over, and under that certain tract or parcel of land in Galveston County, Texas, described by metes and bounds in Exhibit "A" attached hereto being incorporated herein by this reference for all purposes. The Grantee may do and perform all acts reasonably necessary to construct, operate, maintain, inspect, replace, and relocate said sanitary sewer along, across, over, and under said easement, and operate thereon all necessary machinery and equipment to efficiently prosecute the work. Provided, however, that this easement is only for sanitary sewer purposes and improvements which are placed underground; no above-ground lines are permitted. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area for any and all purposes which do not interfere with or prevent the use by Grantee of the CITY OF FRIENDSWOOD ' STREET/GRANT OF EMT/081152000 AIIn: City Secretary 910 S. Friendswood Drive Fri^� +s��ionrl,TX 77546-4856 014 - 94 - 0038 easement, rights, and privileges granted herein, subject to all applicable laws and regulations of the State of Texas or its political subdivisions, including Grantee. Grantee hereby releases the portion of the existing 20' sanitary sewer easement recorded in Book 2065, Page 409, Galveston County Deed Records that is not included in the description of the new easement and as shown and further described by the metes and bounds description on Exhibit "B". This release in no way affects any other existing easement for other purposes. TO HAVE AND TO HOLD, subject to the limitations set forth below, the above- described easement, 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, assigns, and legal representatives, forever, and Grantor does hereby bind itself, and its successors and assigns, to warrant and forever defend, all and singular, the said easement and rights unto the said Grantee, its successors, assigns, and legal representatives, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of ST 2000. GRANTOR: JOSEPH STREET l GRANTOR: CITY OF FRIENDSWOOD STREET/GRANT OF EMT/08/15/2000 2 Alln: City Secretary 910 S. Friendswood Drive Friendswood,TX 77546-4856 014- 94 - 0039 GRANTEE: CITY OF FRIENDSWOOD, TEXAS J By: "a Name: Harold L. Whitaker Title: Mayor THE STATE OF TEXAS § COUNTY OF GALVESTON§ BEFORE ME, the undersigned authority, on this day personally appeared Joseph Street, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office, this21 day of August 2000. Cathy Haney LATHY HANEY Notary Public,Stele of Texas Notary Public in and for a State f Texas 1_} My Commission Expires OCT.1,2001 My Commissions Expires: 100101 THE STATE OF TEXAS § COUNTY OF GALVESTON§ �� BEFORE ME, the undersigned authority, on this day personally appeared kh&-0—N1rA14& known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that a k executed the same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office, this LL day o&M µ2000. :r AA y �r Notary Public in and for the State of Texas My Commissions Expires: r/— -ae y `• CITY OF FRIENDSWOOD V ''•SCREET/GR'ANT,OA EMT/08/152000 3 Attn: City Secretary 910 S, Friendswood Drive Friendswood,TX 7754"856 U 14- V4 - 0040 ADDRESS OF GRANTEE: City Secretary City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546 Attachments: Exhibit "A" - 20' Utility Easement, Metes and bounds Exhibit "B" - Abandonment, Metes and bounds CITY OF FRIENDSWOOU Attn:City Secretary 910 S.Friendswood Drive STREET/GRANT OF EMT/08/15/2000 4 Friendswood,TX 77546-4856 EXHIBIT "A" PROPOSED EASEMENT NUMBER 1 014 -- 9 4 - 0 0 41 METES AND BOUNDS DESCRIPTION 2,798 SQUARE FEET OUT OF LOT 10, BLOCK 3 FRIENDSWOOD SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 2,798 square feet out of Lot 10, Block 3, Friendswood Subdivision according to the plat thereof filed in Volume 254, page 37 Galveston County Map Records, Sarah McKissick League, Abstract Number 151, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 10-21-1999 from William Elliot Johnson, et ux to Joseph Paul Street, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 9954488, Film Code Number 014-03-1272 and being more particularly described by metes and bounds as follows, with all bearings expressed as grid and being generated from the Texas State Plane Coordinate System, South Central Zone with distances expressed in surface feet; Commencing at a found disc in concrete stamped Clear Creek Drainage District Number 29 (X = 3,179,884.90� (Y = 13,755,640.911 located on the bridge at the intersection of the approximate centerline of Farm Market Road 518 and the approximate centerline of Cowards Creek; Thence N 630 24' 01" W — 3,318.07' to a point marking the east corner of said Street tract; Thence S 410 50' 21" W — 153.49' with the southeast line of said Street tract to the POINT OF BEGINNING of herein described tract; Thence S 410 50' 21" W — 213.42' continuing with the southeast line of said Street tract to a point for corner; Thence N 310 22' 43" W — 10.33' to a point for corner; Thence N 050 33' 51" W — 46.57' to a point for corner; Thence S 670 09' 39" E — 12.41'to a point for corner; Thence N 420 50' 21" E — 12.15' to a point for corner; Thence S 050 33' 51" E — 30.19' to a point for corner; Thence N 410 50' 21" E — 179.80' to a point for corner; Thence S 660 45' 29" E — 10.55' to the POINT OF BEGINNING and containing 2,798 square feet of land more or less. A proposed sanitary sewer easement survey is on file in the City of Friendswood Engineering Department File Room under project name Cowards Creek Sanitary Sewer System Improvements. Compiled by: CITY OF FRIENDSWOOI) C.L. Davis & Company PEE O F TF+ Attn: City Secretary Job Number: 11-680Proposed Esmt No. 1 ��: P AFo • �� 910 S. Friendswood Drive 07/18/2000 Friendswood, TX 77546-4856 C. L. DAVIS 11-680 Proposed Esmt No l.doc �:9 4464 EXHIBIT "B" ABANDONMENT NUMBER 1 014 y 4 - 0 0 4 2 METES AND BOUNDS DESCRIPTION 3,800 SQUARE FEET OUT OF LOT 10, BLOCK 3 FRIENDSWOOD SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 3,800 square feet out of Lot 10, Block 3, Friendswood Subdivision according to the plat thereof filed in Volume 254, page 37 Galveston County Map Records, Sarah McKissick League, Abstract Number 151, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 10-21-1999 from William Elliot Johnson, et ux to Joseph Paul Street, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 9954488, Film Code Number 014-03-1272 and being a portion of that certain sanitary sewer easement filed in Book 2065, Page 409 Galveston County Deed Records and being more particularly described by metes and bounds as follows, with all bearings expressed as grid and being generated from the Texas State Plane Coordinate System, South Central Zone with distances expressed in surface feet; Commencing at a found disc in concrete stamped Clear Creek Drainage District Number 29 (X = 3,179,884.90') (Y = 13,755,640.91') located on the bridge at the intersection of the approximate centerline of Farm Market Road 518 and the approximate centerline of Cowards Creek; Thence N 630 24' 01" W — 3,318.07' to a point marking the east corner of said Street tract; Thence S 410 50' 21" W — 132.39' with the southeast line of said Street tract to a point for corner; Thence N 660 45' 29" W — 10.55' with the common line of said sanitary sewer easement to the POINT OF BEGINNING of herein described tract; Thence S 410 50' 21"W — 21.10' to a point for corner; Thence N 660 45' 29" W — 20.64' to a point for corner; Thence S 420 50' 21" W — 152.80' to a point for corner; Thence N 410 51' 18" W— 20.09' to a point for corner; Thence N 420 50' 21" E — 165.05' to a point for corner; Thence S 660 45' 29" E — 41.48' to the POINT OF BEGINNING and containing 3,800 square feet of land more or less. The abandonment survey of the existing sanitary sewer easement is on file in the City of Friendswood Engineering Department File Room under project name Cowards Creek Sanitary Sewer System Improvements. C� Compiled by: �� dF q F+ fii� 0/-,c� C.L. Davis & Company07F'VD Job Number: 11-680 Abandonment - 1 07/18/2000 „ .c:L:'oayis... . �as 00, S, �oo� 464 N:\ice Data\11-680 Friendswood SS Project\11-680 Abandonment- 1 M&B.doc FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 014 - 94 - 004J 2000 SEP 28 09:13 Ail 2000049296 HOOD_P $19.00 Patricia Ritchie ,COUNTY CLERK GALVESTON, TEXAS Z 268 347 891 US Posts!Service Receipt for Certified Mail No Insurance Coverage Provided. 'I Do not use foclnterraCl�MRaililr( rse S 1 CO NT NTY"CLERK OF GALVESTO �I G W26N COUNTY COURTHO SE postgf e,8lare,d LP COEe GAL ESTON X postage CeNfied Fee Spadat0efrxry Fee Restricted Delivery Fee N m Rdum Receipt 5herivgb Wham BDale Oefsered 't ww,& :epibeM'sclfias < Dab,6 ppessea'sAdSess O TOT AI Posb"&Fees .fi A 0 4q postrov s,Dale LL 9/26/2000 1 a RETURN RECEIPT REQUEST D SENDER:YC, r0'+4 lalso vrish to receive the lalow v i services for an exdre fee): a oCompbb Gems l aM'or3 furad3eeoM sewkes. n9 Carrplete Xema 3,4a.ard4b. opN4your name and address onuw r erse orwa fare so um we can muaaws t,❑Addressee's Address ° ram vev. Z o.vmrn wstoenrouw hoMaun meapeca,wmua bad,it spa-aoes rd 2.O Restricted Delivery a pema. }V(]QWma'RBlpm Re4uVr Regnst4d'm Nemaipece bebwme e,Etla,ae ol. n Relanll¢a plwi stew la x1KKn 11n aNde wasdeWer NdMNe4ale m '. 0 deFered. ii 3.Mide Addressed lo: 4a.Article Number Z 268-347-891 E. Patricia Ritchie 4b.Service Type ❑Registered �Cedtlietl rc 0 County of Galveston w Express Mail ❑Insured P.O. Boxox 2450 GALVES COUNTY COURTHOUS p Relum Receipt for Merchandise OCDO GALVESTON, TX 77553-2450 7.Date of DeWGK P 28 2000 T 5.Received By.(Pdnl Namel e.Addressee's Address(Cny1frequestedand lee Is paid) 0 8.Sig ;e( ress e a gent) T —v' fozssssorsaaza Domestic Return Receipt PS Fartn 3811,December 7994 F04 Q Mayor AROLD L.WHITAKER City of Friendswood Councilmembem KITTEN BRIZENDINE 910 South Friendswood Drive TERRY ERICSSON Friendswood, Texas 77546-4856 TOM MANNON KIM BRIZENDINE (281) 996-3270 LARRYTAYLOR TEXA Fax: (281)482-1634 MELMEASELES City Manager RONALD E.COX September 25, 2000 City Secretary DELORIS MCKENZIE,T.R.M.C. CERT/RR#Z268-347-891 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: COWARDS CREEK SANITARY SEWER EASEMENT: JOSEPH STREET 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 # 078018 in the amount of $ 57. 00 for the above document. Please do not hesitate to call if you have any questions. 131 Sincerely, r',` a t1GT Linda Thornton � � U Assistant City Secretary Attachment: -6- , '�7