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Home My WebLink AboutAmended Water Line Easement - WEF, Ltd Texas Limited Partnership & Windevco, Inc, General Partner - FAIRWAY DR GEC 2000017067 5 p9s AMENDED WATERLINE EASEMENT ' 14 - 4 5 - 2 4 5 9 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GALVESTON § WHEREAS,on March 10,2000,Grantor executed that certain instrument entitled WATER LINE EASEMENT which was filed for record at Document No. GAC 2000011397 in the Official Public Records of Real Property of Galveston County, Texas (hereinafter referred to as"Original Easement"; WHEREAS, Grantor wishes to correct an error in Exhibit"A"of the Original Document; NOW,THEREFORE,in consideration of the premises,the Original Easement is amended as follows; Grantor: WEE Ltd. a Texas Limited Partnership WINDEVCO_ Inc._ General Partner Grantor's mailing address (including county): 1300 Post Oak Boulevard, Suite 310 Houston, Texas 77056 Harris County Grantee: City of Friendswood Grantee's mailing address(including county): 910 S. Friendswood Drive Galveston, Texas Galveston County_ Texas Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor. Property: A permanent perpetual 10-foot wide water line casement(the"Easement")under and along a tract or parcel of land (the "Property") described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. CITY OF FRIENDSWOOD Attn: City Secretary 910 S. Friendswood Drive Q Friendswood,TX 77546-485'b U14- 45 - 2460 The Easement herein conveyed authorizes the Grantee to use the Easement for the construction, maintenance, repair, replacement and operation of a water line and other related improvements,whether by Grantee or by others acting with the permission of Grantee. Grantee shall have such access across, along, under and upon the Easement and may enter upon such Easement to engage in such activities as may be necessary, requisite, convenient, or appropriate in connection therewith. Grantee's rights in and to the Easement, shall include,without limitation, the right to bring and operate such equipment thereupon as may be necessary or appropriate to effectuate the purposes for which this Easement is granted. Grantor, for itself and its successors and assigns, hereby reserves the right to construct and maintain driveways, landscaping and parking facilities (including, without limitation, pavement, sidewalks, curbs,light standards and other items consistent with parking uses other than permanent buildings or other permanent structures)upon the surface of the Easement;provided,however,that Grantee and/or its agents will not be held liable for any damages to such driveways,landscaping and parking facilities as a result of the Grantee's normal operation, maintenance or replacement of such water line facilities and that any costs or liabilities incurred in the repair or replacement of such driveways, landscaping and parking facilities shall be assumed by the Grantor, its successors and assigns. Grantor for the consideration Grants, Sells and Conveys to Grantee the Easement in and to the Property for the purposes set forth herein, together with all and singular the rights and appurtenances thereto in anywise belonging,TO HAVE AND TO HOLD the Easement in and to the Property unto Grantee, its successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Easement in and to the Property to Grantee and its successors or assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. �� I�N`WITNESS WHEREOF, this instrument has been executed by Grantor this �ay of i� AACA--' 2000. WEF,Ltd. a Texas Limited Partnership CITY OF FRIENDSWOOD, TEXAS WINDEVCO_Inc., General Partner BY' By: WINDEVCO_ INC. ro L. W ita er, Mayor its general partner ATTEST: By: Name: Randolph Wile t Title: President $Yz \� pia raj s. McKenzie, TMWIC ZAZ 61]�?9 �t1 S�Cretary � �� ,��✓' 1 APA 2000 RECEIVED w CITY OF FRIENDSWOOD cM CITV0FFRrem cr oAw Attn: City Secretary J,^' ,,, �10 ; 1, �S�cRFrAny v, 910 S. Fr(endswootl Drive /6l Flll l l dt 6(060 � Frlendswood,TX 77546-4856 614 - 45 - 2461 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me on the 21 day of, March ,2000, by Randolph Wile , President of WINDEVCO Inc., a Texas Corporation , general partner of WEF, LTD. on behalf of said Corporation and limited partnership. AMBYR HOPE MY COMMISSION EXPIRES Notary Public i nd for OCTOBER e,2003 the State of Texas ACKNOWLEDGEMENT THE STATE OF TEXAS ) ( COUNTY OF GALVESTON ) ( This instrument was acknowledged before me on this 4th day of April ,2000, by Harold L. Whitaker, Mayor and Deloris McKenzie, City Secretary of the City of Friendswood, Texas, a municipal corporation, on behalf of said City. o ary Public in and for the State of Texas, VN Linda S. Thornton Name Typed or printed PSEAL) Commission Expires: 08/10/2003 After Recording,Please Return To: City of Friendswood City Secretary 910 S. Friendswood Drive Friendswood, Texas 77546 CITY OF FRIENOSWOOO Attn: City Secretary 910 S. Friendswood Drive Friendswood, TX 77546-4856 014 - 45- 2462 LIENHOLDER CONSENT AND SUBORDINATION The undersigned,the owner and holder of certain liens encumbering the Property including those recorded under Clerk's File No. 9926227 and 9926228 of the Official Public Records of Real Property of Galveston,Texas, joins herein to evidence its consent,and the subordination of its liens, to the foregoing Easement. BANK UNITED OF TEXAS,FSBB By: Name: CAROLYM S.At.EXAMPt`t Title: REGIONAL DRECTOR ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF "Ya § d 1Z The foregoing instrument was acknowledged before me on the�.y�c �� da oy f "Cl-- , 2000,by LA-t�yrnrQ K�� -� &P (t,_ wW (�t2� {SC.,..JI�� 1 Nl a VeAe(cQSINtN V An onbehalfofsaid V!D lrj S. M. SCHUMACHER Notary Public in and for � NotmyPubV0Wb0Iff W3 the State of Texas 9 MyCanmisST mqE rea =_OCTOBER 24 2000 CITY OF FRIENDSWOOD Attn: City Secretary 910 S.Rend w ord, TX 77546-4 55 0 4 - 45 - 2463 EX IT "A" Being 2,050 square feet on land for a 10 foot wide water line easement, out of a 46.46 acre tract conveyed by the Ralph and Marjorie Lowe Children 1988 Trust to WEF, Ltd., a Texas Limited Partnership by Special Warranty Deed recorded under County Clerk file No. 9707322 ofthe Official Public Records of Galveston County,Texas,and being in the Mary Sloan Survey,Abstract No. 184, Galveston County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at the most southerly common corner of Lots 11 and 12, Block 2, Windsor Estates, Section 2 as recorded in Plat Record 18, Map No. 986 & 987, Galveston County Map Records, said point also lying on the north right-of-way line of Fairway Dr.(60 feet wide), THENCE along said north right-of-way line N 81'37' 20" W a distance of 5.00 feet to the southwest corner of the herein described 2,050 square foot tract, THENCE N 08'22'40"E crossing the north lot line of said Lot 11 at 13 0.00 feet,said north lot line also being the south line of a 15 foot wide AMOCO pipeline easement recorded in Volume 1881, Page 232 in the Office of the County Clerk of Galveston County, Texas, crossing the north line of said AMOCO pipeline easement at 145.00 feet,said north line also being the south line of a 60.00 foot wide Community Public Service Company easement recorded in Volume 1681,Page 129 in the Office of the County Clerk of Galveston County, Texas,a total of 205.00 feet to a point for the northwest corner ofthe herein described tract, said northwest corner also lying on the north line on said Community Public Service Company easement, THENCE along the northerly line of said 60.00 foot wide Community Public Service easement S 81' 37 20" E a distance of 10.00 feet to a point for the northeast corner of the herein described tract, THENCE S 08' 22' 40" W crossing the south line of said 60.00 wide Community Public Service Company easement and the north line of said AMOCO pipeline easement at 60.00 feet,crossing the south line ofthe AMOCO pipeline easement and the north line of said Lot 12 at 75.00 feet a total of 205.00 feet to a point for the southeast corner of the herein described tract, said southeast corner also lying on the north right-of-way line of said Fairway Drive, THENCE N 810 37'20" W along said north right-of-way line a distance of 5.00 feet to the Point of Be 'nm .an wont ring 2,050 square feet of land. OFFICIAL PUBLIC RECORDS OF REAL PROPERTY CITY OF FRIENDSWOOD Attn: City Secretary 2000 APR 10 11:15 AM 2000017067 910 S.Friendswood Drive STRIM_T $17.00 Frlendswood,TX 77546 4850 Patricia Ritchie ,COUNTY CLERK 6ALYESTON, TEXAS WEF, Ltd. MEMO To: Randy Lisca From: Michael Hunt Date: March 23, 2000 Subject: Windsor Estates Amended Water Line Easement COMMENTS: Per your request attached is a fully executed amended water line easement for the waterline shown in the Windsor Estates, Sec. 3 plans between Windsor Estates, Sec. 2 and the adjacent golf course property. We request the City accept of this easement at the next City Council meeting. Let me know the amount of the recording fee and I will mail the City a check. If you have any questions, please give me a call. " '�2�212%232�<Au ,n ea N �n �ece `tn Q'tl'„�„wrty r� 9 a'd Lb 1300 Post Oak Boulevard,Suite 310,Houston,Texas 77056(713)961-2750 Fax(713)961-2830 DS 00 00 Mayor City of Friendswood 1 ��"embers Councilmcmbers KITTEN HAIECATE 910 South Friendswood Drive TERRY ERICSSON Friendswood, Texas 77546-4856 I TO BRIMZE ISOINE (281) 996-3270 TARRY TAYLOR TEXps Fax: (281) 482-1634 MEL MEASETFS City Manager RONALD E.COX City Secretary April 7, 2000 DELORIS McKENZIE,T.R.M.G CC/RRR#Z268-347-869 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: AMENDED WATERLINE EASEMENT: Grantor: WEF, Ltd. a Texas Limited Partnership 10-foot wide water line easement 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 # 075386 in the amount of $17. 00 for the above document. Please do not hesitate to call if you have any questions. Siinccee�re ly, Dada T�� Assistant City Secretary Attachment: -5- QLI i 'aoo Z 268 347 869 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not us or ntP lional M I. ee euerse Sain t Gal eAon Cty. Clerk Street&Number -13MI-VeMt-on Cr P. B &ZIP 2 Court o se Post OMce,State, Code GALVESTON TX 77553-2 50 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N Return Receipt Showing to Whom&Dale Delivered n Return ReceptShning to Whom, a Dale,&Pddressee's Address TOTAL Postage&Fees $ 3 Postmark or Date 1= 0 a 4/7/00 w SENDER: I also wish to receive the follow- 0 o complete items t and/or z for additional services. ing services(tor an extra fee): H Complete items 3,4a,and 4b. ❑Print your name and address on the reverse of this form so that we can return this j card to you. ai m O Attach this form to the front of the mailpiece,or on the backilspacedoes not 1' 0 Addressee's Address 2 m pBrmit. 2. ❑ Restricted Delivery Write'Return Receipt Requestad-on the mailpiece below the article number. O The Return Receipt will show to whom the article Was delivered and the dale C o delivered. a P.Article Addressed to: m 4a.Article Number m a Patricia Ritchie Z 268-347-869 Galveston County Clerk 4b.Service Type 2 GALVESTON COUNTY COURTHOUSE O Registered X6Certified m ❑w Express Mall ❑Insured P,O. BOX 2450 '� CI GALVESTONr TX 77553-2450 rn Retu Receipt for Merchandise ❑COD 7.Date of pr K` 0 2000 c w5.Received By: (Print Name) e.Addressee's Address(Only If requested and c ¢ lee is paid) m 6.Signa ure(Addressee or ent) 0 r N PS Form 3 11,December 1994 102595-ee-e-0223 Domestic Return Receipt