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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 Landtech Consultants, Inc. �P1 k�`str f + ... AIi, N.G.BY. RIY. r +i 5582 *?4 •qy.°s��yto?f O 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 _ n FL'D. 5_1_ /R\ Q t' 6 r`e ty. JAMES F. PERRY AND EMILY AUSTIN LEAGUE, A-20 & A-111 t r' Ca4 A C r-c/f WEST FRIENDSWOOD SUBDIVISION c� VOLUME 238 PAGE 12 D.A G. C. TEXAS m D = J r ?t m ao Z D v a+ sfj X0 M W o e xe ee ee 4F D N Z SCALE , 1'•50• a0 JACK H KIRK, JR. e Z G.C. C.F.NUMBER 9963082 N LOT A O N •_•) am T N I M m = a LLJ eo S3117 o m o J 0 N eD a N30.09'37'E 5' TEMP RARY CONSTRUCTION SEM NT 5.01' '� P.0.B. T.C.E. e^ Port 2 - 10.02' m _ U PART 2. '--� -0 N38-09'37-E 210 4-3�ei lO' ORA/NAGf AS£ evT 5.01' P.O.B. D.E s 02' B.09•37;W 10.43 _5• TEMPORARY CONSTRUCT TON EASEMENT N 5 0 ' eEt/ Port 1 10.43r I ~` , 2 t7'S38.09'37" o 0a A P.O.B. T.C.E. 0 m o o PART I a a m ( O - S 4 m s Y i FND. 48 I BEARS N48.10'E LLL111 1.13 FEET P.O.C. T.C.E. sP PARTS I&2 & D.E. 210.00'------------ a -------------------------------------------------------------- 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. r of "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 N O p (Domestic m r 0 Er Postage $ r9 p Certllled Fee 0 Postmark p Retum RV""'Fee • �/ O Here rs(Endoement Required) D O Resldoted DeWer Foe r-1 (Endorsement Required) O r-9 Total Postage 9 Fees M O Sarillo o Mary. Ann,Daigle..... --- orPOBoxNo. P•0. Box 17253 py ....................._. .........--------.....------------ cny,seIsda0lVeston, TX 77552-7253 Also, enclosed is check number in the amount of$44.00 for the above document. Sincerely, Sharon Parks, CPS Administrative Assistant Attachments: 8 1 I SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Primed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 14 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Ms. Mary Ann Daigle Galveston County Clerk P.D. Box 17253 Galveston, TX 77552-7253 3. Service Type IN Certified Mali ❑ Express Mail ❑Registered IN Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1010 0001 9098 3602 (Transfer from service I. PS Form 3811,February 2004 Domestic Return Receipt toz59e-02-M-1540 i l 1- I Mayor tl,ry�e� f� ,�f DAVID J.H.SMITH city0,11 ' �'Y��C.u( ds 11�f®®liil LAUR lm WING ,y' ✓' LAURA EWING JOHN LeCOUR 910 South Friendswood Drive JIM HILL Friendswood, Texas 77546-4856 LESLIE REID _ (281) 996-3270 W. RIVERA XA$ 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 N O O N < N = N N _ O O (D O O O O CD ,< I Q o 3 O O p I 0 N �. Q p � .� �' Z N c 7 Q p C: O + 3 n 0 O I 3 O (D 3'O N 3 CD X I O O O N O O 3 p Q o O m (D Q3 ° IN O N (D ° I O U 3 O I 7 00 CD CD CD Npf -w O.as Co. � o rs I .o m. •P*,., "_ ; C :N O N: Q �' • ..r:,... x CO CA ao O to mm m -"- OD a T - CD+ CO (D ( . ry O L -Ti ITI m m N ° (D Co Q (D '< (D �? o m 00 � o ND o 0 0 ° ° o o ° � O 0 -0 OL C � � c ZO0D n � amNQ � mQCDo N -• of ma �i00 ° � < � 0 O NW ° om Qm CoQ n O mz Z z 3 NT CD O ZCA o a ° oo ° E -0Q 0 o Nr Zmm D 0 ° N < ooO Ul > z [n n 00 � ° 03 N op 3 0 °y ° 0 7 0� — (m ( NM (D (D (D f{ c D CD 0 CD cop —I (D co O N O O O O < N N N mC m ). (D D (Da o (n 01 CD 0 6 Q N N CO N N O O 3 SL O(D N O (D (D (D (D N. N ? Q n i0 a- (D O < O < O U Z3 N "O O N N p ID N 0 Q U y q D (D in :E Vi O V N 7 O (D to 0 (D 0 O * O N O O C O O (D (p z N N Q � - 0 Q O Q 3 - 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