HomeMy WebLinkAboutUtility Easement - Friendswood Community Church, Inc - 2821 W PARKWOOD AVE I IIIIII IIIIIIIIII IIIII Iilll lllll lllll lllll lllll lllll llll llll 7 PGS 2007075017
UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GALVESTON §
That I/We, FRIENDSWOOD COMMUNITY CHURCH, INC. (GRANTOR), being
owners of the herein described property located in Friendswood, Texas, has GIVEN,
GRANTED, DONATED, and CONVEYED, and by these presents does herby GIVE, GRANT,
DONATE and CONVEY unto the City of Friendswood, Texas, (GRANTEE), a municipal
corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910
South Friendswood Drive, Friendswood, Texas 77546, its successors and assigns, a perpetual
utility easement, described by metes and bounds and map attached hereto as Exhibits "A" and
"B" and made a part hereof for all purposes. This easement is granted for purposes including but
not limited to construction, reconstruction, maintenance, repair, replacement or removal of utility
structures, subject only to the provisions and conditions herein specified.
GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right
and privilege to enter upon the land covered by the easement, and all premises adjacent to the
outside boundaries of said easement, to the extent necessary and at any time that GRANTEE
deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there-
under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth,
and other obstructions interfering with the location, construction, reconstruction, maintenance,
replacement or repair of utility structures, authorized hereunder; and for ingress and egress to
and from said easement.
It is hereby understood, and by the acceptance of this instrument it is recognized,that
GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said
Page 1 of
easement, but expressly waives any and all rights of ingress and egress to the surface thereof for
the purpose of exploration, developing, mining, or drilling for the same; provided, however, that
operations for exploration or recovery of any such minerals shall be permissible so long as all
surface operations in connection therewith are located at a point outside of the above described
easement, and upon the condition that none of such operations shall be conducted so near the
surface of said easement as to interfere with the intended use thereof or in any way interfere
with,jeopardize or endanger the facilities of the City of Friendswood or create a hazard to the
public users thereof.
Additionally, GRANTOR hereby gives, grants, donates and conveys and confirms unto
GRANTEE, its and their respective successors and assigns, a temporary construction easement
15 feet wide located along and adjacent to the permanent easement described in Exhibit"A' and
attached hereto for GRANTEE'S use in constructing its facilities. The temporary construction
easement shall terminate one hundred twenty (120) days after the commencement of the
construction and installation of GRANTEE'S facilities into the permanent easement described
herein,but in any event shall terminate no later than December 30, 2009.
GRANTOR retains right of ingress and egress over and across GRANTEE'S easement
and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be
placed in, on or along said easement. To have and hold perpetually,the above described property
and easement for said purposes,together with all the rights and appurtenances thereto in anywise
belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon
the condition that GRANTEE will at all times, after doing any work in connection with the
construction,reconstruction,repair, replacement or removal of said utility structures, endeavor to
restore said premises to the condition in which the same were found before such work was
undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will
not do any act that will be detrimental to said premises.
Page 2 of 4
Executed this day of Oap b&i) 2007.
GRANTOR:
Friendswood Community Church,hic.
(Name)
Try (Title)
By: (Name)
(Title)
GRANTEE:
City of Friends)yoc YTex
DaW J.H.Smith
Mayor
ATTEST:
of aaieao0
By: ��
a
D loris McKenzie,TRM V
City Secretary
iA
ADDRESS OF GRANTEE:
City Secretary
City of Friendswood,Texas
910 S.Friendswood Drive
Friendswood,Texas 77546
Page 3 of
ACKNOWLEDGMENTS
THE STATE OF TEXAS § .
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this . day personally appeared
Steven W. 5h o b y of Friendswood
Community Church, Inc.,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, in the capacity therein stated,and as the act and deed of said Association.
_gIVEN UNDER MY HAND AND SEAL OF OFFICE on this 21-�t day of
2007.
fyida REBECCAORTEGON
• s" MY COMMISSION EXPIRES Notary Public hi and For the Stht6 of Texas
May24,2011
`f col I My Commission Expires: 5z?
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 on this ( day of
t�I ON- 2007.
Notary Public In and For the State of Texas
'"V° MELIN DA K.W ELS H My Commission Expires:
e NOTARY PUBLIC
STATE OF TEXAS
7�' .�+� W Commisslon B pi=02.20.2009
Page 4 of 4
,=IT"A"
EASEMENT-A
METES AND BOUNDS DESCRIPTION
12,669 SQUARE FEET OUT OF
B.S. &F SURVEY,ABSTRACT NUMBER—625 AND
MARY SLOAN SURVEY,ABSTRACT NUMBER- 184
FRIENDSWOOD, GALVESTON COUNTY,TEXAS
All that certain 12,669 square feet out of B.S. & F. Survey, Abstract Number — 625 and Mary Sloan
Survey, Abstract Number 184, Friendswood, Galveston County, Texas and being out of that certain tract
as described in a deed dated 04-02-2001 from Christopher S. Angelo, et al to Friendswood Community
Church, Inc. as filed in Official Records of Real Property of Galveston County at Clerk's File Number
2001-016726, Film Code Number 015-48-2271 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 point marking the northwest comer of said Friendswood Community Church, Inc. tract
and the southwest comer of that certain tract described in a deed dated 12-28-1979 from Ralph L. Lowe,
et ux to City of Friendswood as filed in Book 3235, Page 486, Galveston County Deed Records from
which a found 1/2"iron rod bears N 67' 19' 08"W—0.46' for reference point and a found 5/8" iron rod
bears N 88'33' 54"E—0.40' for reference point;
1. Thence S 83' 34' 42"E—691.32' with the most westerly north line of said Friendswood Community
Church,Inc.tract to a found 2"iron pipe for comer;
2. Thence N 060 30' 29" E— 352.58' with the west line of that certain tract described in a deed dated
01-20-2000 from Jess W.Williams,Co-Trustee to Nader Karjooy,et al as filed in Official Records of
Real Property of Galveston County at Clerk's File Number 2000-004209, Film Code Number
014-26-0762 to a found 1" iron pipe for comer marking the southeast corner of Lot 10, Block 9,
Amending Plat of Final Plat Boca Raton, Section Two according to the plat thereof as filed in Plat
Record 18,Map Number 558 Galveston County Map Records;
3. Thence N 06' 24' 57" E—211.88' with the east line of said Amending Plat of Final Plat Boca Raton
Section Two to a point for comer from which a found 2" iron pipe bears N 79' 29' 55" —0.33' for
reference point;
4. Thence N 86' 42' 16" E— 10.15' with the south line of that certain tract described in a deed dated
3-19-1993 from Donald C. Dawson, et Al to Norwood Homes,Inc. as filed in Official Records of Real
Property of Galveston County at Clerk's File Number 93-11656,Film Code Number b08-79-1495 to
a point for comer,
5. Thence S 06'24' 57"W—213.60'td a point for corner;
6. Thence S 06'30' 29"W—362.57'to a point for corner;
7. Thence N 83'34' 42"W—701,70'to a point for corner;
8. Thence N 08' 42' 02" E— 10.01' with the east right-of-way line of Farm Market Road 528 to the
POINT OF BEGINNING and containing 12,669 square feet(0.2908 acre)of land more or less.
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: I 1-841 12,669 sq ft Exh A Esmt A .doc
09-19-2005
11-M1 12,669 sq ft Exh A Esmt A.doc
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