HomeMy WebLinkAboutNo Address - Dedication of Easement - Peter Lux (2) 20p70i4S3935
DEDICATION OF EASEMENT 07/25/2007 RPI $32.00
r THE STATE OF SOUTH DAKOTA §
§ KNOW ALL MEN BY THESE PRESENTS:
` COUNTY OF /Da.1) SOA) §
That PETER LUX, hereinafter referred to as "Grantor," for and in consideration of the
sum of ten dollars ($10.00) and other good and valuable consideration paid to Grantor by The t
City of Friendswood, Texas, hereinafter called "Grantee," the receipt and sufficiency of which \�
are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by
these presents does hereby GRANT, SELL, and CONVEY unto the Grantee, its successors,
assigns, and legal representatives, a perpetual easement for public utility purposes, including the
�+ right to construct install maintain operate, inspect, replace, repair, and remove certain public
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utilities, 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, and described by survey
plat in Exhibit`B" attached hereto,both Exhibits being incorporated herein by this reference for
T� all purposes.
I
Q The Grantee may do and perform all acts necessary to construct, operate, maintain,
oil inspect, replace, and remove said public utilities along, across, over, and under said easement,
011
and Grantee shall have the right to cut, trim, and remove trees, brush, or shrubbery, or weeds, or
to remove improvements, which may encroach upon, burden, or interfere with the easement
herein granted. Grantor retains, reserves, and shall continue to enjoy the use of the easement
area for any and all purposes, which do not interfere with or prevent the use by Grantee of the
easement, rights, and privileges granted herein, subject to all applicable laws and regulations of
the State of Texas or its political subdivisions, including Grantee.
1
The easement and the rights and privileges herein granted shall be perpetual and Grantor
covenants that Grantor will not convey any other easement, or any other right, within or
conflicting with the area of the easement herein granted. This instrument shall be binding upon
the successors, assigns, legal representatives, heirs, executors, and administrators of both the
Grantor and the Grantee.
TO HAVE AND TO HOLD the above described easement unto the said Grantee, its
successors, assigns, and legal representatives. Grantor hereby binds Grantor and Grantor's heirs,
executors, administrators, successors, and assigns to Grantee and its successors, assigns, and
legal representatives, against every person whomsoever lawfully claiming or to claim the same
or any part thereof. /
{ EXECUTED this e, day of 12007.
G TOR: PETER LUX
Peter Lux
q°
Q� ADDRESS OF GRANTEE:
The City of Friendswood b
910 South Friendswood Drive Na
Friendswood,Texas 77546 cc:
_< chit C
Attachments: Exhibit"A"—20' Utility Easement, Metes and Bounds m
a
Exhibit"B" - 20' Utility Easement, Survey Plat
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ACKNOWLEDGEMENT
THE STATE OF SOUTH DAKOTA §
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared, Peter Lux,
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 and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this y of
2007.
2,
Notary Public In and For the State of RF3--S c
My Commission Expires:
1
(SEAL)
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Please return to:
Loren B. Smith
Olson&Olson, L.L.P. V�/
Wortham Tower, Suite 600
2727 Allen Parkway
Houston,Texas 77019
3
EXHIBIT"A"
EASEMENT-D
METES AND BOUNDS DESCRIPTION
4,672 SQUARE FEET OUT OF
B.S.&F.SURVEY,ABSTRACT NUMBER-625
FRIENDSWOOD,GALVESTON COUNTY,TEXAS
All that certain 4,672 square feet out of B.S. & F. Survey, Abstract Number — 625, Friendswood,
Galveston County,Texas and out of that certain tract described in a deed dated 07-31-1990 from Donald
Clair Dawson, et at to Peter Lux as filed in Official Records of Real Property of Galveston County at
Clerk's File Number 90-24571 and being more particularly described by metes and bounds as follows
(bearings based on Texas Coordinate System of 1983,South Central Zone);
Beginning at a found 5/8"iron rod marling the southwest corner of Lot 26,Block 1,Final Plat of Carmel
Village Subdivision,Section One according to the plat thereof as filed in Plat Record 18,Map Number 94
Galveston County Map Records and marking the northwest comer of said Lux tract,-
1. Thence N 86'41' 54"E—368.75'with the south line of said Block 1,Final Plat of Cannel Village
Subdivision,Section One to a found 5/8"iron rod for comer;
�i 2. Thence N 860 30' 30"E—36.02' continuing with the south line of said Block 1 to a found 5/8"iron
rod for comer;
t 3. Thence N 860 35'30"E—65.03'to a point for comer;
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4. Thence S 36°03'31"W—12.95'to a point for comer;
5. Thence S 86°35'30"W—56.79'to a point for comer;
6. Thence S 860 30'30"W—36.03'to a point for comer;
7. Thence S W 41'54"W—368.78'to a point for comer;
�7 8. Thence S 86°49'09"W—3,27'to a point for comer;
p l 9. Thence N 140 52' 40" E—10.52' to the POINT OF BEGINNING and containing 4,672 square feet
(0.1073 acre)of land more or less.
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This metes and bounds description is accompanied by a separate plat,drawing or exhibit per Texas Board
of Professional Land Surveyor's"General Rules of Procedures and Practices"Section 663.19(9).
Compiled by:
C.L.Davis&Company
Job Number: 11-841 4,672 sq 8 Exh A Esmt D.doc
09-19-2005
RECORDER'S MEMORANDUM:
At the time of recordation, this Instrument was
found to be Inadequate for the best photooggraphic
reproduction because of illegibility, c 1 on or
pitoto copy, discolored paper, etc.All blockouts,
additions and changes were present at the time
the instrumentwas filed and recorded.
11�8g1 4,672 sq ft Fxh A Esmt D.da
EXHIBIT ]BR
ANENOED ESTATES
S OF
�T? A SIN JOLOIRW ESTATES SECTION ONE
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LOT e
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A. 1.THE CC OF AnBEARUNGS NI Of IS REFfl CE TO THE
C+RJ 1TA rP,RI axA1 a�YM a� A CARO.E TTO MARVEL' TC%.AS CCOROINATE SYSTEM OF 196J, 9WTN CENTRAL
u¢ �wA Y/ J C41E0 G626]ACRE i 3A HARNEY 4 MELOOL ET Ux ZONE.
y� UON40 CV1R 61MST1N,Er IL TRACT Na E-R (ROOM 006-88-2T05) 2.THE BUILDINGS OR IMPROVEMENTS SNONN IaI1EON
RLyOUE py S P.C'FAGRELL ET AL 33-10-1990 REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL.
OOWALO C TTAARIM ET N p'�;; I3 PETpi Lux �MeNIT-D i ro uNLE55 OmvWmsE NoreO.
a R (9O245TI GCOR) ONE D.DIM.Er V% <�
NORN000 MOVES INC. ep�j 7 0]-JI-1990 TV VADE (EOCN 252,PG 512 COW) ra' J.THE MLITY APPURTdANCES ( i.... vV9t,p .. i-W.. I.IA.)
(93,1656T-100S-g-I<9S) -` Q i (T(urc�EMEW 0}12-19T< -1.�0 SHOWN HEREON ME MOSS VISIBLE AT ME THE OF
Ep2� .{ (���..Qyy. SURVEY ANT!NAY NOT BE COMPLETE.
da y RE9WE-CNSEO ll d l AOff4 0.3073 Am FjJ r3' 4.TRACT SHOWN HEREON SUBJECT M CM OF FRIENOSN'000
FFE X WARM AN=.CT U% (4,672 SQUAD'F 4.5 Bu4➢Wc OROI E.
WRLSIOPHER NWGRG ET UX 5.THIS SURVEY PLAT 15 ACCOMPANIED BY A SEPARATE METES
(1HE THINGSO, 4' MO BOUNDS DESCRIPTION PFA TEAS SCARO OF
AND WY WAITCNARG ET U% �' PROf ONAI.LAND SURVEYd_L'S -GENERAL RULES OF
(1�INTEREST]
PRQ,E'OURES M0 PRAGTN£5 SECTIWI
1..1.SLWS ACRES (Wa5150 005-OB-19W7) II
CINSTOPHS S ANCEM E1 AL 01-10-19117
TO PETER LUX
FRPN0SWR10 CWNUNITY WMO4 INC TRACrxq $-A
(ZWICIST2C 015-4-2271) LINE DISTANCE 6PEAR/N0 S.P.O FARREIL 0 AL EASEMENT—D
0•-D2-2001
L 14 368.75, N 86'4}'$4"E DALE G OUNN,ET UX C.L. DAMS & CO. 1500 WWDING WAY
(BOD(251i PG SI2�R) FRENOS ICOD, TEXAS )545
LIS J6.02' N 86'J030"E 0-12-1974 LAND SURVEYING 287-02-4a90
416 55.03' N 86'35'30'f
L17 12.95, SJ6'0331- W 1D� UTILFfY EASEMENT
L18 56.79' 5 863530' W
Lf9 36.03' S 86'30:70" W 4,672 SQUARE FEET OUT OF
L20 366.75' S 85'4134- W B.S. & F. SURVEY, A-625
421 3.27' S 86'49'09" W FRIENDSWOOD, GALVESTON COUNTY, TEXAS
C22 10.52' N 1432'40-E DATE: 09-20-2005 IscxE: V . IXI' Joe NO.: II-a41
' DWG. I:-S<1-ENMISTS
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THE STATE OF TEXAS
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1 JUL 2 5 2007
1��C
COURTYCIERK
. .__.. HARRIS COUNTY,TEXAS
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8/7/07
CC: Les'
DAM
OLSON & OLSON L.L.P. �5 6 7 8 9�0
ATTORNEYS AT LAW ti ,lam
WORTHAM TOWER, SUITE 600 ^�
2727 ALLEN PARKWAY Q R CEIVED in
HOUSTON,TExAs 77019 y� CITY CITOF Y
MAN GGER �o
CITY MANAGER
August 6, 2007
Mr. Be McDaniel, City Manager
City of Friendswood
910 South Friendswood Drive
Friendswood,Texas 77546-4856
Re: South Friendswood Force Main Project
Land Acquisition on the following tract—4,672 square feet
Dear Be:
Enclosed is the original Easement executed and filed in the Harris County Real Property
Records.
Should you have any further questions,please do not hesitate to call.
Very truly yours,
OLSON OLSON,L.L.P.
6�4�
ren B. Smith
LBS/sys
Enclosures
So (�
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cs�mmE (713) 533-3888
TEL.EPHOME (713) 533-3800 ; V-5L
09/10/2007 2788
Councilmember LeCour reported that the Galveston Central Appraisal District is a problem, is rude to
discourage protesting, had training previously that was hodge-podge of different people that was a total failure,
wanted Galveston County Tax Assessor-Collector,who has done training in the past,to do a training and put
information on website and newsletter, need a training session to teach citizens how to protest their appraisal,
need to have a form available to rate the service at the appraisal district and give it to Ken Wright, glad he is
coming back before Council so they can voice that. Councilmember LeCour reported on solid waste disposal,
went on the City's website to see how to recycle glass and plastic, would like help on how to recycle,
suggested putting something on thewebsite,Mayorstated IESI has that information. The City Managerstated
he would get information from IESI and ask them to put something together that the City can put on the
website and PEG channel.
Mayor Smith stated Bay Area Builders Association has a website if anyone wants to make a contribution to
help injured soldiers,wanted to let City Secretary Deloris McKenzie and her family know they are praying for
them, tomorrow is a significant day in our history, pray for the families that lost loved ones at 9/11 and keep
them in our thoughts and make our words and actions support them. The City Manager asked the Mayor if it
was okay to put flag at half-staff tomorrow and Mayor said yes. The Mayor congratulated age 10-11 year old
Friendswood Freedom girl's team coached by Chad Farrell for their win at the soccer tournament called Texas
City Tuneup.
CONSENT AGENDA
**Councilmember Hill moved to remove Item C -Approve agreement with Friendswood High School Swim
Team for use of the municipal swimming pool.
Seconded by Councilmember LeCour. The motion was approved 6-0.
**Councilmember Ewing moved to approve the Consent Agenda as presented with the exception of Item C-
Approve agreement with Friendswood High School Swim Team for use of the municipal swimming pool. A.
Accept one Special Warranty Deed from Norwood Homes and one Dedication of Easement from Peter Lux for
the South Friendswood Force Main Diversion project,both instruments having been previously filed for record
B. Accept one Deed without Warranty from English Village Owners Association for the Sunmeadow Lift
Station project and authorize the Mayor to execute same. D.Approve Minutes of August 3, 8 and 13, 2007
Meetings.
Seconded by Councilmember Reid. The motion was approved 6-0.
"Councilmember LeCour made a motion to approve Item C -Approve agreement with Friendswood High
School Swim Team for use of the municipal swimming pool.
Seconded by Councilmember Peden.
***Councilmember Peden made a motion to amend the main motion for approval of a contract fora term of 30
days.
Seconded by Councilmember Hill. The motion was approved 5-1 with Mayor Smith opposed.
****The main motion, as amended, was approved 6-0.
CONSENT AGENDA
September 10, 2007
A. Accept one Special Warranty Deed and one Dedication of Easement for the South
Friendswood Force Main Diversion project, both .instruments .having been
previously tiled for record.
Staff has been working to acquire five separate instruments for South Friendswood Force
Main Diversion Project. Staff has acquired two instruments, and is addressing the
final details on the last three instruments to be acquired. All instruments have been
prepared with the assistance of the City Attorney.
As part of this project, Staff is requesting Council accept the two instruments recently
acquired, those being the Special Warranty Deed from Norwood Homes and the
Dedication of Easement from the property owner.
Attachments
1. Memo from Rene Ibarra dated 8-28-07
2. Dedication Easement
3. Special Warranty Deed
4. Metes and Bounds and Locator Man
B. Accept one Deed Without Warranty for the Sunmeadow Lift Station proiect and
authorize the Mayor to execute same.
The property in question is necessary to allow the City to have access to the new
proposed lift station. Staff has recently acquired the last instrument necessary to begin
the execution of the Sunmeadow Lift Station Project.
Upon acceptance by City Council of the Deed Without Warranty, Staff is prepared to
begin the advertisement and bidding process for the project.
The City Attorney has reviewed the document, and it is recommended for your approval.
Attachments
1. Memo dated 8-31-07 from Rene Ibarra
2. Deed Without Warranty
3. Metes and Bounds and Locator Map
C. Approve agreement with Friendswood High School Swim Team for use of the
municipal swimming pool.
This is an annual agreement for the use of the City's pool for the FHS Swim Team.
Agenda2007109.11TSY02
City of Friendswood
AGENDA ITEM
FOR THE CONSIDERATION
OF THE CITY COUNCIL
AGENDA DATE:9/10/07 DEPARTMENT OF ORIGIN: Community
Development
DATE SUBMITTED: 8/28/07 PREPARED BY:Rene'Ibarra
SUBJECT: South Friendswood Force Main Diversion Project,Authorize the acceptance of a Special
Warranty Deed from Norwood Homes and a Dedication of Easement from Peter Lux
PROCEEDING: Consent Agenda
DEPT.CLEARANCES:Les McMahen DIVISION CLEARANCE: Les McMahen
APPROVED BY CITY MANAGER:
EXPENDITURE REQUIRED:N/A AMOUNT BUDGETED:$431,000.00
APPROPRIATION REQUIRED: N/A SOURCE OF FUNDS: Sewer Bond Fund
FINANCE APPROVAL: N/A
STAFF SUMMARY
City staff has been working to acquire five (S) instruments for South Friendswood
Force Main Diversion Capital Project. City staff has acquired two (2) instruments,
and is addressing the final details on the last three (3) instruments to be acquired.
All Instruments have been prepared by City staff with the assistance of the City
Attorney.
As part of this project, City staff is requesting City Council to accept the two (2)
Instruments recently acquired, those being the Special Warranty Deed from Norwood
Homes and the Dedication of Easement from Mr. Peter Lux.
EXHIBITS:
Copy of Special Warranty Deed from Norwood Homes with Metes&Bounds,Copy of Dedication of
Easement from Peter Lux with Metes Bounds,and a Project Locator Map
STAFF RECOMMENDATIONS
City staff recommends that City Council accept on behalf of the City of Friendswood
the Norwood Homes Special Warranty Deed and the Peter Lux Dedication of
Easement as presented, both Instruments having been previously recorded in
Galveston County, Texas and Davidson County, South Dakota respectively.
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