HomeMy WebLinkAboutStorm Sewer Easement - Jack H. & Pamela Kirk - 107 RUSTIC LN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 200"1060013
9 PGS
STORM SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Jack H. Kirk, Jr.,and wife,Pamela G. Kirk,hereinafter referred to as "Grantors," for
and in consideration of the sum of Fifteen Thousand and No/100 Dollars ($15,000.00) and other
good and valuable consideration, 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 receipt and sufficiency 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, assigns, and legal representatives, a perpetual easement for the purpose of constructing,
reconstructing, altering, and maintaining an underground storm sewer system in,under, over, along,
upon, and across that certain 2,104 square feet of land, more or less, same being more particularly
described in Exhibit"A" attached hereto and for all things made a part hereof.
•;here is further conveyed two five-foot wide temporary construction easements, adjacent
and parallel to either side of the above-described Permanent Easement, said temporary construction
easements containing 2,104 square feet of land, more or less, same being more particularly
described in Exhibit`B" attached hereto and for all things made a part hereof, and which temporary
construction easements shall expire two (2) years from the date of execution hereof, or upon
completion of the construction and installation of underground storm sewer facilities in the
Permanent Easement,whichever first occurs.
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 Grantors do 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,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
machinery and equipment to efficiently prosecute the work.
Notwithstanding any other provision contained herein to the contrary, the easement
granted hereby is subject to the following:
1. Grantors shall retain the right of ingress and egress over and across the
permanent easement granted and conveyed hereby, but agree that no
building or trees shall be placed in, on or within said easement;
2. Grantors shall retain title to all of the oil, gas, sulfur and other mineral
interests in and under said easement, but expressly waive any and all
rights of ingress and egress to the surface thereof for the purpose of
exploration,developing,mining,
3. Grantee shall at all times, after doing any work in connection with the
construction, reconstruction, repair, replacement or removal of said storm
drainage structures, restore the surface of both the temporary construction
easements and the permanent easement to the condition in which the same
were found before such work was undertaken.
This conveyance shall be subject to any and all matters of record which affect title to the
property referred to herein.
IN WITNESS WHEREOF, this instrument is executed this 27 day of
J tc l y 2007.
' G
Jac . Kirk, Jr.
0. W
Pamela G. Kirk
GRANTEE:
City of�xKex swoo
By: C
bavt�N. H. Smith
Mayor
Attest: k�
2 Delor s McKenzi , TRM
City Secretary
ACKNOWLEDGMENTS
THE STATE OF TEXAS § =1111WAEGONCOUNTY OF GALVESTON
BEFORE ME,the undersigned Notary Public,on this day personally appeared Jack H. Kirk,
Jr., 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 purposes therein stated.
GIVEN under my hand and seal of office, this 27 day of
2007.
Notary Public In and For the State of Texas
My Commission Expires:
THE STATE OF TEXAS § 0%4-1 REBECCAORTEGON
=•i ek MY COMMISSION EXPIRES
COUNTY OF GALVESTON § May24,2011
' tir,a
BEFORE ME, the undersigned Notary Public, on this day personally appeared Pamela G.
Kirk, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes therein stated.
GIVEN under my hand and seal of office, this !1 7"day of
2007.
Y0
Notary Public In and For the State of Texas
My Commission Expires:
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 a I day of S
2007.
E MELINDA K.WELSH
NOTARY PUBLIC Notary Public In and For the State of Texas
} SPATE OF TEXAS
My Commission Expires 02202008 My Commission Expires: 0'A- -a(7 a-CXJq
4
Exhibit A
LANDTECH CONSULTANTS,INC.
Ch•il Engineering•Land Surve}dng
10 FOOT WIDE DRAINAGE EASEMENT
BEING 0.0483 ACRES (2104 SQUARE FEET) OUT OF THE JAMES F. PERRY AND
EMILY AUSTIN LEAGUE A-20 AND A-111 AND PART OF LOT 16 OF THE WEST
FRIENDSWOOD SUBDIVISION RECORDED IN VOLUME 238 PAGE 12 OF THE
DEED RECORDS OF GALVESTON COUNTY Said 0.048 ACRES BEING OUT Of A
CALED 1.3658 ACRES TRACT KNOWN AS LOT A AS CONVEYED TO JACK H.
KIRK, JR. FROM WOLFGANG PFIRRMANN AS FOUND IN GALVESTON
COUNTY CLERK FILE 9963082 OF OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY GALVESTON COUNTY, TEXAS, SAID 0.048 ACRE PARCEL BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Commencing at the southeasterly corner of Lot B as conveyed to Wallace and Shannon
Troches-set, found in Galveston County Clerk File 2000042489 Galveston, Texas and
being out of and part of said Lot 116, of the West Friendswood Subdivision, and the
southwesterly corner said Lot A, in the north right of way line of F.M. 2351 from which a
found 3/4 inch Iron Pipe bears North 48'10' West 1.13 feet:
Thence North 48'10'08" West 82.71 Feet along the common lines of said Lots A and B
to a point for the POINT OF BEGINNING of herein described 10 foot wide drainage
easement:
1, Thence North 48°10'08"West 10.02 feet along the common lines of said Lots A and
B to a point for the most westerly corner of this 10 foot drainage easement;
2, Thence North 38'09'37"East 210.43 feet along the north line said 10 foot wide
drainage easement to a point for the most northerly comer for the herein described
parcel same being the easterly right of way of Rustic Lane as shown in said West
Friendswood Subdivision map;
3, Thence South 48°10'08"East 10.02 feet along the said Rustic Lane right of way and
this 10 foot wide drainage easement to a point for the most easterly corner of the
herein described parcel;
4, Thence South 38'09'37"West 210.43 feet along the southerly line of said 10 foot
wide drainage easement to the POINT OF BEGINNING containing 0.0483 acres
(2104 Sq. feet).
Page 1 of
2525 North Loop West, Suite 300 • Houston, Texas 77008-1094 • Tel: (713) 861-7068 • Fax: (713) 861-4131
All bearings are referenced to the Texas Coordinate System of 1983, South Central Zone
(NAD 83).
March 30,2007
OF
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ALLEN C BYE o ,
Registered Professional Land Surveyor S URA
No. 5562
Project No. 0320195 02 Dgn.No. 981-A-3839
Page 2 of 2 T
Exhibit B
LANDTECH CONSULTANTS,INC.
Civil Engineering•Land Surveying
TEMPORARY CONSTRUCTION EASEMENT PART 1 AND PART 2
BEING TWO PARCELS WHOSE TOTAL EQUALS 0.048 ACRES (2104 SQUARE
FEET) ) OUT OF THE JAMES F. PERRY AND EMILY AUSTIN LEAGUE A-20 AND
A-111 AND PART OF LOT 16 OF THE WEST FRIENDSWOOD SUBDIVISION
RECORDED IN VOLUME 238 PAGE 12 OF THE DEED RECORDS OF
GALVESTON COUNTY Said 0.048 ACRES BEING OUT Of A CALED 1.3658
ACRES TRACT KNOWN AS LOT A AS CONVEYED TO JACK H.KIRK, JR. FROM
WOLFGANG PFIRRMANN AS FOUND IN GALVESTON COUNTY CLERK FILE
9963082 OF OFFICIAL PUBLIC RECORDS OF REAL PROPERTY GALVESTON
COUNTY, TEXAS, SAID TWO PARCELS BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TEMPORARY CONSTRUCTION EASEMENT PART 1
Commencing at the southeasterly comer of Lot B as conveyed to Wallace and Shannon
Trochesset, found in Galveston County Clerk File 2000042489 Galveston, Texas and
being out of and part of said Lot 116, of the West Friendswood Subdivision, and the
southwesterly corner said Lot A, in the north right of way line of F.M. 2351 from which a
found'/4 inch Iron Pipe bears North 48'10' West 1.13 feet;
Thence North 48°10'08" West 77.70 Feet along the common lines of said Lots A and B
to a point for the Point Of Beginning of herein described 5 foot wide temporary
construction easement(T.C.E.);
1, Thence North 48°10'08"West 5.01 feet along the common lines of said Lots A and B
to a set wood hub for the most westerly comer of the T.C.E. and the most
southeasterly comer of a proposed 10 foot drainage easement;
2, Thence North 38`09'37"East 210.43 feet along the common line of proposed
Drainage easement and herein described T.E. to a point for the most northerly corner
of herein described parcel, same being the easterly right of way of Rustic Lane as
shown in said West Friendswood Subdivision map;
3, Thence South 48°10'08"East 5.01 feet along the said Rustic Lane right of way to a
point for the most easterly comer of the herein described parcel;
4, Thence South 38'09'37"West 210.43 feet along the southerly line of said T.E. to the
POINT OF BEGINNING containing 0.024 acres (1052 Sq. feet).
Page 1 of
2525 North Loop West, Suite 300 • Houston, Texas 77008-1094 • Tel: (713) 861-7068 • Fax: (713) 861-4131
TEMPORARY CONSTRUCTION EASEMENT PART 2
Commencing at the southeasterly corner of Lot B as conveyed to Wallace and Shannon
Trochesset, found in Galveston County Clerk File 2000042489 Galveston, Texas and
being out of and part of said Lot 116, of the West Friendswood Subdivision, and the
southwesterly corner said Lot A, in the north right of way line of F.M. 2351 from which a
found% inch Iron Pipe bears North 48'10' West 1.13 feet;
Thence North 48°10'08"West 92.73 feet along the common lines of said Lots A and B to
a point for the Point Of Beginning of herein described 5 foot wide temporary construction
easement(T.E.) same being the north line of a proposed 10 wide drainage easement:
1, Thence North 48°10'08"West 5.01 feet along the common lines of said Lots A and B
to a point for the most westerly corner of the T.E.:
2, Thence North 38°09'37"East 210.43 feet along the northerly line of proposed herein
described T.E. to a point for corner same being the easterly right of way of Rustic
Lane as shown in Said West Friendswood Subdivision map:
3, Thence South 48'10'08"East 5.01 feet along the said Rustic Lane right of way to a
point for the most easterly corner of the herein described parcel, same being the
westerly comer of said 10 foot wide drainage easement:
4, Thence South 38'09'37"West 210.43 feet along the southerly line of said T.E. and
said 10 foot wide drainage easement to the POINT OF BEGINNING containing
0.024 acres (1052 Sq. feet)
All bearings are referenced to the Texas Coordinate System of 1983, South Central Zone
(NAD 83). All distances are surface and may be converted to grid using a scale factor of
0.99987001.
March 30, 2007 p p
6�
Landtech Consultants, Inc. yQ�w 4f�9N
ALLEN C BYERL v S Uit
Registered Professional Land Surveyor
No. 5562
Project No. 0320195 02 Dgn.No. 981-A-3839
Page 2 of 2 T _
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JAMES F. PERRY AND EMILY AUSTIN LEAGUE, A-20 & A-111 t r'
Ca4 A
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r-c/f WEST FRIENDSWOOD SUBDIVISION
c� VOLUME 238 PAGE 12 D.A G. C. TEXAS
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e Z G.C. C.F.NUMBER 9963082
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P.O.B. D.E s 02' B.09•37;W 10.43 _5• TEMPORARY CONSTRUCT TON EASEMENT N
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PARTS I&2 & D.E. 210.00'------------
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--------------------------------------------------------------
I, Allen C Byerly, hereby certify that this survey was performed on the r
ground under my supervision and substantially complies with the current (� . M. 2351
Texas Society of Professional Surveyors Standards and Spect f Ica t i onA r a
Category IA Condition II Land Title Survey.
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"01....s�E uAt�DTEa �u CONSULTANTS, INC.
,tP,i�,O e*'-. +,p Civil Engineering • Lend Surveying
Allen C Byerly N:' .%A 2627 North Loop West
Registered Professional Land Surveyor ,.............
..`.•.i•.�YF.R�-Y.. Suite 224
Houston, Texas 77008
No. 5562 r'•p 5562 t�.Ih Tel.(713)861-7068 Pax (7I3)861-013I
Vy. aF'f f S 50.%'.,0
NOTES D"`••• E DATE: MARCH 30; 2007
I. Metes and Bounds per separate attachment S U Nv....L> DRAWING No. : 981-A-3839
2. All bearings are referenced to the Texas Coordinate 3 JOB No.: 0320195-02
System of 1983, South Central Zone (NAD83) SHEET No. : I OF I
FILED AND RECORDED
2SPTF ��
�- OFFICIAL PUBLIC RECORDS
2007060073
September 14, 2007 09:37:13 AM
FEE: $44.00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
RECORDER'S MEMORANDUM
nt was
At the time of recordation,
this found to be Inadequate for the'bost photograph
photo uctiondiscoloro papure o o101 A11 blackouts,
,hole copy,
the Ilnstfument wag Wedyand recorded.
e the tcorded. ma
Mayor
DAVID J.H.SMITH
City of Friendswood AURAE,NG
LeCOUR
�1 910 South Friendswood Drive JuHN l M HILL
Friendswood, Texas 77546-4856 LESLIE REID
W.CHRIS PEDEN
(281) 996-3270 ANDYRIVERA
Fax: (281) 482-1634 City Manager
��eE BO McDANIEL
City Secretary
DELORIS MCKENZIE,T.R.M.C.
COPY
September 11, 2007
Cert/RRR#7003-1010-0001-9098-3602
Ms. Mary Ann Daigle
Galveston County Clerk
P. O. Box 17253
Galveston,TX 77552-7253
RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS
Dear Ms. Daigle:
I have enclosed the following document for recording from the City of Friendswood:
STORM SEWER EASEMENT:
10 Foot Wide Drainage Easement, Exhibit A - 0.483 acres (2,104 sq ft.) out of
the James F. Perry and Emily Austin League A-20 and A-111, part of Lot 16 of
the West Friendswood Subdivision, Vol. 238, Pg. 12 of the deed records of
Galveston County.
Temporary Construction Easement Part 1 and Part 2, Exhibit B — two parcels
whose total equals 0.048 acres (2,104 sq. ft. out of the James F. Perry and Emily
Austin League A-20 and A-111, part of Lot 16 of the West Friendswood
Subdivision,Vol. 238,Pg. 12 of the deed records of Galveston County.
Please record these documents and return original recorded Storm Sewer Easement to:
City of Friendswood
Attn: Deloris McKenzie, City Secretary
910 S. Friendswood Drive,
Friendswood,Texas 77546-4856
Postal
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o Mary. Ann,Daigle.....
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orPOBoxNo. P•0. Box 17253
py ....................._. .........--------.....------------
cny,seIsda0lVeston, TX 77552-7253
Also, enclosed is check number in the amount of$44.00 for the above document.
Sincerely,
Sharon Parks, CPS
Administrative Assistant
Attachments: 8
1
I
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
X
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Primed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Item 14 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Ms. Mary Ann Daigle
Galveston County Clerk
P.D. Box 17253
Galveston, TX 77552-7253
3. Service Type
IN Certified Mali ❑ Express Mail
❑Registered IN Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7003 1010 0001 9098 3602
(Transfer from service I.
PS Form 3811,February 2004 Domestic Return Receipt toz59e-02-M-1540
i
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1-
I
Mayor
tl,ry�e� f� ,�f DAVID J.H.SMITH
city0,11 ' �'Y��C.u( ds 11�f®®liil LAUR lm WING
,y' ✓' LAURA EWING
JOHN LeCOUR
910 South Friendswood Drive JIM HILL
Friendswood, Texas 77546-4856 LESLIE REID
_ (281) 996-3270 W.
RIVERA
XA$ Fax: (281)482-1634 City Manager
BO MCDANIEL
City Secretary
DELORIS McKENZIE,T.R.M.C.
July 19, 2007
Mr. Jack H. Kirk, Jr. &Pamela G. Kirk
902 W. Edgewood Drive
Friendswood, TX 77546
Re: Acquisition by the City of Friendswood, Texas (the "City") of a perpetual easement for
purposes of installing a 42" storm sewer outfall conduit
Dear Mr. Kirk:
This letter is to set forth the terms by which the City proposes to acquire an easement
over and across property owned by you located at 902 W. Edgewood, Friendswood, Texas.
Specifically, you and your wife will convey to the City a perpetual storm sewer drainage
easement (the"Easement"). The conveyance would be accomplished by the execution by you of
an easement instrument, in the form set forth in Exhibit "A" attached to this letter. In
consideration, the City would pay to you Fifteen Thousand Dollars ($15,000.00). The location
of the Easement will be located as described and depicted on Exhibit`B"to this letter.
The City plans to install a 42" storm sewer outfall conduit within the sub-surface of the
Easement. Your conveyance of the easement would allow the City to enter the easement
premises to install, construct, maintain, inspect, repair, replace or remove the improvements
located within the Easement.
During construction of the storm sewer outfall conduit, the City would, at your election,
either relocate all temporary structures located within the Easement to a new, permanent
location, or move the temporary structures for the duration of construction, and then move them
back to their original location, all at the City's cost. Additionally, all paving, landscaping or
other permitted surface improvements located within the Easement or the temporary construction
easement which are disturbed during construction would be replaced and the land returned to a
state as close to its original condition as reasonably possible, at the City's sole cost and expense.
The original construction and any future maintenance of the outfall facility would be completed
and the land would be returned to a condition that is as close to its original condition as
reasonably possible,within thirty (30) days from the date the City completes the work.
You would be notified no less than two (2) working days prior to construction or
maintenance beginning in the easement provided that an emergency situation does not exist.
This letter of agreement will terminate by its own terms if the Easement instrument has
not been executed by you and delivered to the City, or if the City has not tendered the amount of
the purchase price of the Easement to you,within thirty (30) days of the date of this agreement.
Additionally, you agree that you will not sell,transfer or convey any right, title or interest
in the property that contains the Easement until after you have executed and delivered to the City
the Easement Deed.
AGREED:
A '
Jack 0. Kirk, Jr.
Pamela�GKirk
The City of Friendswood, Texas
By.
David J.H. th
Mayor
ATTEST:
By:
Deloris McKenzie,TRMC
City Secretary
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APPROVE THE ACCEPTANCE OF A PROPOSAL FOR THE ACQUISITION OF AN
EASEMENT FOR THE CLOVER ACRES DRAINAGE PROJECT
June 4, 2007
This item allows for Council to direct staff to proceed with acquisition by counterproposal offer,
to acquire by negotiation, or to prepare for acquisition by eminent domain.
Agenda2007106 IITSY02