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HomeMy WebLinkAboutSanitary Sewer & Lift Station Easement - Forest Bend HOA - 0 E FM 528 RD (2) 07TI 1 0[1_r'a?'J?0 00 SANITARY SEWER AND LIFT STATION EASEMENT 1/ THE STATE OF TEXAS § gi1n�^J § KNOW ALL MEN BY THESE PRESENTS! iV COUNTY OF GALVESTON § THAT FOREST BEND HOMEOWNERS ASSOCIATION. INC. hereinafter referred to as "Grantor," for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideratlen, in hand paid by the City of Friendswood, a home rule municipal corporation located in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee,",, the receipr and sufTcicncy of which is hereby acknowledged, have GRANTED, SOLD. and CONVEYED, and by these presents does GRANT, SELL,and CONVEY unto the said Grantee, its successors, assigns,and legal representatives, a perpetual easement for the purpose of constructing, reconstructing, altering, and maintaining an underground storrr sewer system and Lift Station in, under, over, along, upon, and across that certain 2.648i 7 acres of land, more or less, some being more particularly described in Exhibit"A"attached hereto and for all things made a part hereof. pj 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 anywise 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, its successors, t assigns and legal representatives,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, by, through, or under Grantor, but not otherwise. Grantee may do and perform all acts necessary to construct,reconstruct, repair, relocate,or maintain storm drainage improvements on said easement and operate thereon all necessary machirety and eqvipment to efficiently prosecuu, th work. After completing construction, reconstruction, repairs or maintenance, Grantee shall return the land as nearly to its original condition as is possible, by repairing and/or restoring all damage caused by such work, including but not limited to disturbed and uneven surfacing, excavations, damaged fences, damaged vegetation,damaged playground equipment and/or other property owned by Grantor. Grantor shall have full access to the easement property, and may utilize same to the extent it deems necessary and appropriate,provided it does not interfere with Grantee's rights to same. This conveyance shall be subject to any and all matters of record which affect title to the property referred to herein. FILED FOR RECORD 0;00 AM JUL 12 2007 County Clark, Harris County,Texas IN WITNESS WHEREOF, this instrument is executed this � day of 2007. GRANTOR: OC n Leanne Baust,President Forest Bend Home Owners Association,Inc. GRANTEE: City of Friendswood,Texas 4� By: vrd J. . S ith Mayor ATTEST: By: D Loris McKenzie,TkMC City Secretary OF f RlEpOS R O ADDRESS OF GRANTEE: u v ✓✓ City of Friendswood,Texas 910 S. Friendswood Drive TF OF Friendswood,Texas 77546 2 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Leanne Baust, President of the Forest Bend Homeowners Association, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said corporation and that she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in thgg��apacity therein stated. GIVEN under my hand and seal of office, this W4'ay of 2007. D LOUISE KIN GERY NOTARYNUOSTATEOF COMMI SIONEXPIR NOVEMER 121EU9 r ES: Otary ublic d orthe toof exas 13 ,2008 My Commission Expires: V// THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared David J. H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said City and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this 5 day of � 2007. a MELINDA K.WELSH Notary Public In and For the State of Texas NOTARY PUBLIC STATE OF TEXAS M Commission Expires: 0 Aty Commission Expires 02-20.2009 y p 3 Ysn Me./te—\tlnny.nub E67sFi1 00 EB 16 76 5 2 4 s 6 A .E 678811 — APB 3 0 E STATE OF TEXAS � • ' \� HARRIS Know All Hen by Theee county of 35-14-0282 That U.S.'HOME CORPORATION OF TEXAS, a Texas corporation, :act and through its duly authorized officers ' of the County of Vn.f Rsnd and Sub of" Texas is eoasideutlon of the tom sf TEN AND NO/100------------------f810 001----------. --------- - DOLLARS plahy FOREST BEND HOMEOWNERS ASSOCIATION, INC; :�•) scalp of wbleb le Web,.eknowledged,cod for whkh eo He.,either.%me.or implied,h retained a.hell crier,M1eve / Coated,Sold*ad Cosaeyed,and bf these prostate do cram.Sell sad Covray veto the said FOREST BEND R014EBWNERS ASSOCIATION, INC. ;l the Maurof Harris cad slue of Texas l' Pt JI that eensfo 4ect a pueel of hod eitustbd h the County of Harris PL _ -..ad state.l Team,uwltr All that certain 2.64817 acres shown as Reserve "D" on the Plat of FOREST BEND, SECTION 1, dated January 20, 1969 and recorded in Volume 161, Page 101 of the Map Records of Harris County, Texas; said 2.64817 acres in-Forest Bend, Section 1 beiWg out of the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, and being more particularly described by metes and.bounds in Exhibit "A". �5 attached hereto and made a part hereof by this reference.- ( This conveyance is made subject to all covenants, conditions, restrictions, easements and any other'matters of record in the office of the Harris County ' 1 Clerk pertaining to the property hereinabove described. �H. 1' TO HAVE AND TO.HOLD The.bore debnibed premieen:t.,Iha, with ell and Augsier the dghis and appurlena.... theme to.."In belonging sets the..Id FOREST REND HOMEOWNERS ASSOCIATION, INC. �W uges55ors doesassigns f� '4ts KNg...lpeltaever,AW it Z'y berebybind itself, ite mrrep.cnrs R/ka4xMxXWxaaxx NN X96WA fMi5YURM to Wensat ead Fare.&food•.11 cad emegulu,the raid W.I..e tams the.aid FOREST BEND HOMEOWNERS ASSOCIATION, INC. successors sad its *XkWWnd...Igoe,easiest drary pereoo whom,oevat lawlslly cl.imtng or 1e chi..the sane or any Ian lhereol. • m11L!�N�pIryN"ne Iminnnt , WrilESS its 6sad_.t Houston, Texas tale ��a.yof January A.a 6 • r•,YWaeri..efnt Request alCumwt U.S, HOME CORPORATION OF TEXA � NIf6ST: ••: BY. ` Roger B.Medors, President "ss l .�•``� Assrstant Secretary - Title Data VT TDI15061 HA E678811 . 001 Jfil ¢TA 0[f TEXAS l SINGLE ACmiOnEDGwm COUNTY OF Itdrris j .. ,.BE66Rt+ �pUe s idmlSesd . satbeq acdor uld Coco d ra pa y apeu,d �...... Roger Bers, Vice Presysabin,satWSdrynoul pon of T xae _ •6'awe•te me U .es_wh...a.. is n4celbe6 to the I...going lium neat surd eekeew6d6ed to me that "`• rkt_�f(Achlad Ihi time ror the ps,po.e.sad eondidenIla..the . r...e GIVEN N•II� d, and in the capacity therein stated. •.?. SMpj, jHAND AND SEAL OF OFFICE this the d.y ol_ ��i�..... Q,• Note"Peblle l..vd lay ' drrl Lov q,Teue THE STATE OF TEXAS, ` SINGLE ACIN(MILEDGMENr- .COUNTY OF J � BEFORE ME.the oadeniSpad authority le sod Ira aid C...ty sad State,a n this day pe .s.11y appe...d I tourers to me to he the peau_wbe....rae_..I..Ibed le the lompelo6 bmtrme.t.sad seksewledped to me the, _ba_easnled the tame for the Poypose.and eoulderatiees Ihmalc aepte.sed. CLI GIVEN UNDER NY BAND AND SEAL OF OFFICE We 0e day el A.D.I9_.._ n) m ILS,1 Notary Po611a is aed for Ce..ty,Tom ' THE STATE OF TEXAS, JOINT ACKNOWLEDGMENT COUNTY of BEFORE ME.the s.demipoed authority is sad I.,said County sod State,es this day pema..11y-appe red - ad his w[1e.•- both ken..to me to be,he percoue wbsae Dann ne.6.edhed to the Iarapol.S lutnem.c.i,c l ark a..).died tome 1661 they etch.....red,he..me for the Perpoaae and....Id...fee lbeul.e.prsa.ad,sad the said ' wife of the aid basics been ...raised by me PrlvDy and apart iron her hee6sad,sad 60lop the nine fully exPIAo,d to but..ht,the eaid , . of.ewled,.d...h lesumn at to be her act asd"deed,. 4 ` abe declared that site bad wIIII.Sly sipeed the..me for the pupoutud Z eid...ties the,.]...praudaed that.be did out WTI wish m reuse[It. GIVEN UNDER MY BAND AND SEAL Or OFFICE this lbe d.y of 'A.D.,I9_ YF IL E.I _ Netnty Public is.ad rer Coaty.Te... in a u p 4• �. . C V ? AY e a i F m .�0. ma B B � 'e6 i s THE STATE OF'Ti:KAS, t ' County oI ., I, onn . Clerk el[he C000ty C of edd C000ty.do hereby certify that the.hove lonmmem of writing deed as the dry of. 19__,with its certificate of aotheotiatio.,was filed for record is my office this -day.(--- the,. day of A.D. 19_,at o'clock_M.,In the record. ols.id C000ty.to V.I. se pep..Noe. , NITNES MY BANO.od...1 of County Coort'aLa.id'County.this,the By Deputy. Clark County Cam, county. Title Data VT TDI15061 HA E678811 . 002 MW !'! All that certain 2.64017 acres shown as'Reserve "D"• an the Plat of FOREST BEND, SECTION 1, dated January 20, 1969 and recorded in volisme 161, Pago 101",of the Rap Records of Harris County, Texas; said 2.64817 acres in Forest Bend, Section 1 being odt of the Sarah McKissick Survey, Abstract _ Na.:549, Harris County, Texas, and being.more particularly described as follows: COMENC11113 at a concrete right-of-wdy monument on the northwesterly right of-way of F. M. 528 (being 100.00 feet wide) which is a Point of Tangancy i as shown on the.above referenced plat of Forest Bend, Section 1; thence South 41 deg, 12 min. 13 sec. best, along the.northwesterly right-of-way of I said F. 14. 528, a distance of 145.69 feet-to a.1/2'inch iron rod for an angle point-in said right-of-way; thence, continuing along said northwesterly tight-of�viay SoOth 43 deg. 37 min: 55 sec. Nest, a distance of 30.25 feet • _ to a 3/8 inch.iron rod for the.more easterly corner of the herein described tract and the PLACE OF BEGINNII'd",; .THENCE South 43 deg. 37 min. 55 sec. West, along the northwesterly right-of- way line of F. M, 528, a distance of 488.99 feet to a 3/8 inch iron rod.for the.more southerly-corner of the herein described tract on the northeasterly ' 1' bank 0 Clear Creek; THENCE along said northeasterly bank of Clear Creek'with its meanders as fo11:..s: North 05 deg. 56 min. 32 sec. East,4 91.G5 feet; ;forth 08 deg. 15 miri. 54 sec. East, 57.56 feet;'" j• - !forth 04 deg. 56 min. 04 sec. West, 30.60 feet;/ N6rth 03 deg. 35 min.•46 sec. East, 4Q.45 feet;: • i North 02 deg. 04 min. 14 sec. Nest, 40.05 feet;�- �t I, '�Gorth 07 deg. 28 min.'49 sec. West, 4504 feet;— north 04 deg. 56 min. 06 sec. hest, 46:00 feet North 13'deg. 27 min. 53 sec. Lest, 40.45 feet;f Worth 33 deg. 14min: Z2 sec. West;-21.TO feet;-'" He-.•th 19 deg. 20 min. 25 sec. Hest, 79.29 feet; North 31 deg. 50 min. 07 sec. 'last; 40.05 feet and North 51 deg. 23 min. 51.sec. West, 30.44 feet to a point in the -edge of Clear Creek for, the more easterly corner of the herein described tract; . THENCE North 41 deg. 35 min. 03 sec. Nest, at 10.00 feet pass a 3/8 inch iron ' rod on line, at 137.10 feet pass a'3/8 inch iron rod on line, in all 150.00 feet to•a point in a pond for the more northerly corner of•the herein described tract; ' THENCE South 40 deg. 24 min. 57 sec.'Fast, at 9D.03 feet pass a 3/8 inch iron , rod on line, in all'432.03 feet to"the PLACE OF BEGINNING and containing �.. _ • 2.64017 acres of land. •At theRECnniq ORDER'S MEMORA'NDU � found to ecordation,this instrume' r repproduoah'On b uate for the best pilotog�ap jks ' io .pho10 co - ecause of illegibility,carbon or• _ addHtonspand changes ed were A Picres,I blot 6ryh the Instrumentr7as,pletlandrh atIq, i EXHIBIT "V Title Data VT TDI15061 HA F678811 . 003 0 NI n CLEAR EEK b y 1 pP PP I�1 CLEAR CREEK Mall �\ e \ O4* P \ ®4 T i ANY PROVISION RENEW WHICH RESTROTSTNE SALE RENTAL OR VIE Of THEOESCRIED REAL PROPERTY MAAU OF MO!OR RUE IS IYYAIADMO MEMJRCEASIE UNDER TIMM Ulf. �{ THE STATE OF TEXAS N COUNTY OF HARRIS IMWRTtN*miles mwitia TILED S Fit Nv,.Wr Sotartt oA to Wit NE II6t Set RONpI HIM 4N1;IM MI NAMIND,W of Oknluk RrxlAelku1ltaSenjelNur's Wq,farm JUL 12 2007 U! COUNTYCLERK y k HARRIS COUNTY,TEXAS ��Metyy' M1# N� APPROVE ACCEPTANCE OF EASEMENTS FOR THE DEEPWOOD FORCE MAIN PROJECT June 4,2007 The Deepwood Force Main Project requires that the City obtain Easements from 11 landowners, six between Deepwood Lift Station and Forest Bend Lift Station and five between Forest Bend Lift Station and the Blackhawk Wastewater Treatment Plant on Bay Area Boulevard. The attached easements are signed by the landowners, with no cost of obtaining the easements for the City. The only expense incurred is the filing charge for each easement. Recommendation. Staff recommends that the Council approve and authorize the Mayor to execute these easements. Attachments 1. Memo from George Cherepes dated 05-08-07 2. Forest Bend Homeowners Association 3. Galveston County Easement 4. Locator Mau Agenda2007/06.1/TSY02 City of Friendswood AGENDA ITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE: 06/04/07 DEPARTMENT OF ORIGIN:Community Development/ Projects Division DATE SUBMITTED:05/08/07 PREPARED BY: George Cherepes SUBJECT:Deepwood Force Main—Easement Acquisitions PROCEEDING:C&PA DEPT.CLEARANCES: Min DIVISION CLEARANCE:ZI APPROVED BY CITY MANAGER: AMOUNT BUDGETED:$0 EXPENDITURE REQUIRED: $0 AMOUNT REMAINING: $0 APPROPRIATION REQUIRED:$0 SOURCE OF FUNDS: STAFF SUMMARY The Deepwood Force Main Project requires that the City obtain Easements from 11 landowners, 6 between Deepwood Lift Station and Forest Bend Lift Station and 5 between Forest Bend Lift Station and the Blackhawk Sewer Treatment Plant. The attached easements are signed by the landowners, with no cost of obtaining the easements from the City. The only expense incurred is the filing charge for each easement. EXHIBITS: Forest Bend Homeowners Association Inc. Galveston County Easement STAFF RECOMMENDATION Staff recommends that the Council approve and authorize the Mayor to execute these easements. • fir . � _ ..... ,.. VAN WA ILI WA OA All dTHALLF ULTS W assumes all nesponsibiblyforthe mm thereof,and m1heragrees to"Wd the Cf(ym`FnhnmmvxxF Uable hard any damage,loss,orlietsityansung arm,anyuse ofthe man product Indemandem'ehiGtim mats Wooda(ma containedon this map should be oblamed bythe end user. PLO, ±K'4� OQ I I 111 Filhendsmod Dfive - ood GIS MappingN ,E.. Mayor • N<s`�� DAVID I.H.SMITH City of Friendswood LCouncilmembers AURAEWINO 8 JOHN LeCOUR 910 South Friendswood Drive JIM HILL Friendswood, Texas 77546-4856 LESLIE REID W.CHRIS PEDEN (281) 996-3270 ANDYRIVERA Fax: (281) 482-1634 City Manager g. RO McDANIEL City Secretary July 9, 2007 DELORIS MCKENZIE,T.R.M.C. Cert/RRR#7003-1010-0001-9098-3572 Beverly Kaufman County Clerk of Harris County P. O. Box 1525 Houston, TX 77251-1525 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms. Kaufman: I have enclosed the following document for recording from the City of Friendswood. SANITARY SEWER&LIFT STATION EASEMENT: 2.64817 acres shown as Reserve"D"on the plat of Forest Bend, Section 1, Vol. 161, Pg. 101 being out of the Sarah McKissick Survey,Abstract No. 549, Harris County, Texas Please record this document and return original recorded Sanitary Sewer and Lift Station Easement to: City of Friendswood Attn: Deloris McKenzie, City Secretary 910 S.Friendswood Drive, Friendswood,Texas 77546-4856 Also, enclosed is check number in the amount of$40.00 for the above document. Please do not hesitate to call if you have any questions. Sincerely, (�14� Sharon Parks, CPS Administrative Assistant Attachments: 7 i UNITED STATES POSTAL SERVICE II II I USPS lass Mail 1 I Post $Fees Paid 'f l Permit No.G-ib • Sender: PI se print your name, address, and ZIP+4 in this box COMPLETE THIS �►Iu��ur�l�r�n�r r►t��lrr►rl►�lt�rr�r�l r��u nrll�I nrin ll� l l i SECTION . . SENDER: COMPLETE THIS SECTION ■ Complete Items 1,2,and 3.Also complete A. signature Ouon Wiley G.C.P. ❑Agent item 4 If Restricted Delivery Is desired. X ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Piloted Name) LDatp W Derelllvvery ■ Attach this card to the back of the mailpiece, I L 7 or on the front if space permits. D. is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Beverly Kaufman County Clerk of Harris County P.O. Box 1525 Houston, TX 77251-1525 3. Service Type JO'Cenifled Mail ❑6cpress Mail ❑Registered KfI Return Recelpt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1010 0001 9098 3572 (transfer from se PS Form 3811,February 2004 Domestic Return Recelpt 102595 02 M-1540 Postal f1JCERTIFIED MAIL,, r rn onaestic Mail Only;No Insurance Coverage Provided) m Co Ir � ( ! 6, 1 A rr Postage If ,U rq p Der0lled Fee O Postmark (Endorsementlurn R gPuired)Fee Here ED Restricted DeWory Fee (Endorsement Required) O rq Total Postage a Fees 1�+ 3� m o e 0 r` -- .... ---.... ... Stree7,Api.Whi ,,11,, or PO eoxNo. v^ ....�513 ��' �1 ......................