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Home My WebLink AboutNo Address - Utility Easement - Kimball Brizendine GAO 20006150913 pgs Longwood Waterline Project 03-304 UTILITY EASEMENT 0 1 9 14 1642 t V 0 rTA y a� C per' THE STATE OF TEXAS § Fcq�os�o § KNOW BY ALL THESE PRESENTS�l�9�SZ��Z22�3�� COUNTY OF GALVESTON § THAT the City of Friendswood("Grantor")for and in consideration of the growth,the requirements, and the benefits to accrue to the citizens of the City of Friendswood,Texas,has GIVEN, GRANTED,DONATED and CONVEYED, and by these presents does hereby GIVE, GRANT, DONATE and CONVEY unto the City of Pearland, a municipal corporation situated in Brazoria,Fort Bend and Harris Counties, Texas whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns and legal representatives, a thirty(30)foot wide perpetual water and sewer easement, for the purpose of constructing,reconstructing, altering, and maintaining underground public utility facilities, in,under, over, along, upon and across that certain tract of 0.881 acre of land, more or less, located in Longwood Park Section I recorded in Vol. 9 at page 143 of the B.C.P.R. and in Vol. 254 A at page 90 of the G.C.M.R. same being more particularly described in metes and bounds description and drawing labeled Exhibit "A"attached hereto and for all things made a part hereof. Grantee, its officers,agents, employees, successors and assigns shall have the right and privilege to perform all acts necessary to construct,reconstruct,repair, relocate, CITY OF MENDSUU00D Pagel o173 Attn: City Secretary 910 S. Friendswood Drive Fftndsesaoc. IX 115*4856 019 14 1643 Longwood Waterline Project 03-304 or maintain underground public utility facilities within said easement and to operate thereon all necessary machinery and equipment to efficiently prosecute the work. Grantee's rights and privileges shall include the right to enter said easement for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance or repair of utilities authorized hereunder. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area for any and all purposes that do not interfere with or prevent the use by Grantee of the easement,rights, and privileges granted herein. This conveyance is expressly made subject to any and all restrictions, mineral and/or royalty reservations, covenants and easements appearing of record relative to the Property, but only to the extent that the same are still in force and effect and enforceable against the property. The easement, along with all rights and privileges, shall terminate when the easement, as described above, is abandoned upon adoption of an Ordinance abandoning or vacating such by Grantee. TO HAVE AND TO HOLD the above-described easement,together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor binds itself, its successors and assigns, to warrant and forever defend all and singular the said easement unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise. CITY 01 F0!zN!DS1,/000 Page of A;;n Cil),Secretary 910 S. Friendswood Drive Friendswood, IX 71546 4856 019 14 16.44 Longwood Waterline Project 03-304 IN WITNESS WHEREOF,this instrument is executed this the lath 1tRh Day of August, 2003. GRAN d B TOy: Name:Kitoball W. Brizendine Title: Mayor ADDRESS OF GRANTEE: City of Pearland 3519 Liberty Drive Pearland, TX 77581 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared KIMBALL W. BRIZENDINE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 25th DAY OF August A.D.,20n 2003. a4� z NOTARY PUBLIC, STATE OF TEXAS r�i ilk; t; Printed Name: LINDA S. THORNTON My Commission Expires: 08/10/07 CITY OF FR;ENDSWOOD Page 3 of u,t;n: City Secretary 910 S. Friendswood Drive Frlendswood. TX 71546-485-6 METES AND BOUNDS DESCRIPTION 019 14 1 6 4 5 38,388 SQUARE FEET OUT OF JOHN DRIVE AND MYRTLEWOOD DRIVE LONGWOOD PARK, SECTION ONE FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 38,388 square feet out of John Drive AND Myrtlewood Drive being a 60' wide right-of-way dedicated by the plat of Longwood Park, Section One filed in Volume 254-A, Page 90 Galveston County Map Records and being more particularly described by metes and bounds as follows; (Bearings based on the west right-of-way line of John Drive to be N 100 52' 00" E as called out on the said plat of Longwood Park, Section One); Beginning at point marking the common south corner of Lot 14 and Lot 15, Block 10 of said Longwood Park, Section One, from which a found 1/2" iron rod bears N 01' 05' 52" W — 0.43' from said point and being a point on a curve to the left having a radius of 254.34' and a central angle of 081 37' 37"; 1. Thence with said curve and the northerly right-of-way line of Myrtlewood Drive (60' wide) an arc distance of 38.30' and a chord bearing and distance of S 401 46' 24" E — 38.26' to a point for corner; 2. Thence S 100 52' 00" W — 1,231.48' with the centerline of said John Drive to a point on a curve to the right having a radius of 530.00' and a central angle of 080 09' 24"; 3. Thence with said curve and the easterly right-of-way line of said John Drive and the northwesterly line of Lot 3, Block 16 of said Longwood Park, Section One an arc distance of 75.45' and a chord bearing and distance of S 340 18' 59"W — 75.39'to a point for corner, said point marking the intersection of the easterly right-of-way line of said John Drive and the Brazoria and Galveston County Line also being the city limit line between City of Friendswood and the City of Pearland; 4. Thence N 100 52' 00" E — 1,324.38' with said city limit line, county line and the westerly right-of-way line of John Drive to the POINT OF BEGINNING and containing 38,388 square feet (0.881 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: 11-784-John Drive M&B.doc 08-06-2003 PZAAac CPT'y OF FyJ:FjVDSIA/OOD b"`n . Secretary I1-784-John Drive M&B !n .doc °7d S, Friendswood Drive en�swood, TX 7154E-4B56 FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 0 1 9 14 1 6 5 4 2003 AUG 29 01:53 PM 2003061509 GAApRr,_F $31 000d7 Mary An�ALog11 6M„CQEXA CLERK Mayor KIMBALL W.BRIZENDINE City of Friendswood Councilmembers LAURAEWING 910 South Friendswood Drive TERRY ERICSSON TRACY GOZA Friendswood, Texas 77546-4856 -DAVID I.H.SMITH (281)996-3270 SHANNONKIMMEL MEL MEASELES p Fax: (281)482-1634 city Manager RONALD E.COX City Secretary DELORIS MCKENZIE,T.R.M.C. r - August 29, 2003 - Cert/RRR #7002-0860-0001-5480-3275 Mary Ann Daigle County--Clerk's.-Office ..-- GALVESTON COUNTY COURTHOUSE P.O. -Box 2450 - Gal-deston,- Texas 77553-2450 RETURN RECEIPT REQUIRED FOR RECORDED DOCUMENTS Dear Ms. Daigle: Enclosed is the following document for recording from the City of Friendswood: - UTILITY EASEMENT: CITY OF FRIENDSWOOD 30 foot .Utility Easement ' 38,388 sq. ft. out of - Jrohn Drive & Myrtlewood Drive Section 1, Longwood Park. Please record this document and return original Waiver of Encroachment to: City of Friendswood Attn: Linda Thornton Assistant City Secretary 910 S. Friendswood Drive, - Friendswood, Texas 77546-4856. • Also, enclosed is check #. in the amount of $31.00 for the above referenced document. Please do not hesitate to call if you have any questions. Sincerely, - Lin ThoTP_tOIl`ei� Assistant City Secretary Attachments : -5- , I SENDER: • • COMPLETE ■ Complete items 1,2,and 3.Also complete A. ignature Item 4 If Restricted Delivery Is desired. 13 Agent ■ Print your name and address on the reverse ❑Addressi so that we can return the card to you. g.�eoeived by(Pdnte Name) C. Date of Delive ■ Attach this card to the back of the mallplerce, -��I` or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from hem l7 13 yes If YES,enter delivery address below: ®No MARY ANN DAIGLE .._i COUNTY CLERK OF GALVESTON GALVESTON COUNTY COURTHOUSE P.O. BOX 2450 GALVESTON, TX 77553-2450 3. Service Type XXN Certified Mall ❑Express Mall ❑Registered ❑Return Receipt for MerchandL Insured1vsil ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 13 Yes 2. Article Number (Transfer from service labep. 7002-0860-0001-5480-3275 _ . PS Form 3811,August 2001t Domestic Return Receipt 1025e5.02-M41 LrT CERTIFIED MAIL RECEIPT ru; (Domestic Mail Only; No Insurance Coverage Provided) U.S.Postal Service io Ln ra Postage S ••Z -� O Certified Fee Postmark Return Recelpt Fee Hero O (endorsement Required) E3 (Endorsement Delivery Fee � (Endoreement Required) rU Total Postage a Fees $ C3 ant TO GALVESTON COUNTY COURTHOUSE- ..............................................................................—............... ox •'f PO0a No P.O. BOX 2450 city;srete zin:i'GALVESMff'..Tf.17755!-2$5d•. r rr