HomeMy WebLinkAboutEasement - Clear Creek Community Church - 0 E FM 528 RDRP-2023-239938
06/28/2023 ER $66.00
Assignment and Assumption of Easement
STATE OF TEXAS
COUNTY OF HARRIS
This Assignment and Assumption of Easement (this "Assignment"), effective as of /6�
day of June. 2023 (the "Effective Date"), is by and between Clear Creek Community Church, a
Texas nonprofit corporation ("Assignor"), and the City of F'riendswood, a Texas home -rule
municipal corporation located in Galveston and Harris Counties, Texas ("Assignee")
RECITALS
WHEREAS, the Clear Creek Independent School District (the "Owner") is the owner of
the property, more particularly described as follows:
A tract of land containing 0.252 acres of land, more or less, being more particularly
described by metes and bounds in Exhibit "A," attached to the Utility Easement and
made a part hereof by reference, and being depicted on a drawing marked Exhibit
"B" which is attached to the Utility Easement and made a part hereof by reference
(the "Property"); and
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WHEREAS, on September 25, 2017, the Owner conveyed a perpetual non-exclusive
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to the Assignor for the purpose of the installation, construction, reconstruction,
N alteration, operation, maintenance, extension, repair, removal, replacement and upgrade of public
M utility lines (the "Facilities") in, upon, over, under and across Property, together with the right and
Oprivilege at any and all times to enter the Property, or any part thereof, for said purposes,. which
N easement is recorded under File Number RP-2019-4552266 in the real property records of Harris
County, Texas and is attached hereto as Exhibit "C" for all intents and purposes (the "Utility
ry Easement"); and
WHEREAS, upon completion of the Facilities and acceptance thereof by the Assignee, the
Assignor, pursuant to the Utility Easement, agreed () to assign the Utility Easement and convey
the Facilities (and related maintenance obligations set forth in the Utility Easement) to the
Assignee and (i) to grant the Assignee the right to inspect, maintain, rebuild, repair, improve, and
make such changes, alterations, additions to or extension of its Facilities within the boundaries of
the Property as the Assignee deems necessary; and
WHEREAS, because all conditions precedent to this Assignment have been performed by
the Assignor and Assignee, the Assignor and Assignee desire to enter into this Assignment;
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter
set forth and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
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I. Assignment and Assumption. Assignor hereby sells, assigns, grants, conveys, and
transfers to Assignee all of Assignor's rights, title, and interests in and to the Utility Easement.
Assignee hereby accepts such assignment and assumes all of Assignor's duties and obligations
under the Utility Easement and agrees to perform, and discharge, as and when due, all of the duties
and obligations under Utility Easement accruing on and after the Effective Date..
2. Recording. Assignee and Assignor shall take such action as is reasonably necessary
to promptly record this Assignment in the real property records of Harris County, Texas.
3. Governing Law. This Assignment shall be governed by and construed in
accordance with the internal laws of the State of Texas, without giving effect to any choice or
conflict of law provision or rule.
4. Counterparts. This Assignment may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall be deemed to be one and the
same agreement.
5. Authority. Each party has the full power and authority to enter into and perform
this Assignment, and the person signing this Assignment on behalf of each party has been properly
authorized and empowered to enter into this Assignment. The persons executing this Assignment
hereby represent that they have authorization to sign on behalf of their respective corporations
and/or business entities.
6. Further Assurances. Each of Assignee and Assignor shall execute and deliver, at
the reasonable request of the other party hereto, such additional documents, instruments,
conveyances, and assurances and take such further actions as such other party may reasonably
request to carry out the provisions hereof and give effect to the transactions contemplated by
this Assignment.
IN WITNESS WHEREOF, Assignee and Assignor have executed this Assignment as of
the date set out above.
Assignment and ,assumption of Easement, Page 2
ASSIGNOR:
CLEAR CREEK COMMUNITY CHURCH
tkok G.
(Signature)
(Printed Name)
xr ft a &�W
(Title)
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ASSIGNOR:
CITY OF FRIENDS WOOD
AORA'D KABIRI. City Manager
STATE OF TEXAS §
COUNTY OF Ufa :'®rl §
This instrument was acknowledged before me on the /,j day of June, 2023, by
rk r the xtt t✓ & y,- of Clear Creek Community
Church, on behalf of said entity, for the purposes and consideration therein expressed.
ERIN KAY FUNKS
rp
Notary pubic, State of Texas
Comm. Expires a6-04-2025 Notary Public in an or the State of Texas
[SEAL] .,Q91� Notary ID 133139263
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on the ' day of June, 2023, by Morad
Kabiri, the City Manager of the City of Friendswood, on behalf of said entity, for the purposes and
consideration therein expressed.
HEATHER VAN DINE
[SEAL] r Notary ID # 12569020-6
My Commission Expires
May 12, 2026
AFTER RECORDING RETURN TO:
City of Friendswood
Attn: City Secretary
910 S. Friendswood Dr,
Friendswood, TX 77546
ht L
Notary Public in and for the State of Texas
H,1Le aill asements'+Assignment and Assumption of Easement Clear Creek Community Church.doex
Assignment and Assumption of Easement, Page 3
Exhibit "A" ,
County:
Harris
Project:
CCISD — CCCC
Job No.:
161304
M&B No.:
17-196
FIELD NOTES FOR 0.252 ACRE
Being a tract containing 0.252 acre of land situated in the Sarah McKissick Survey, Abstract Number 549,
Harris County, Texas. Being a portion of a call 10.000 acre tract of land recorded in the name of Clear
Creek Independent School District in Harris County Clerk's File (H.C.C.F.) No. P598262. Said. 0.252
acre tract being more particularly described by metes and bounds as follows (bearings are referenced to
the Texas Coordinate System of 1983, South Central Zone, based on GPS observations):
COMMENCING at a 5/8-inch capped iron rod stamped "KRE&S .RPLS 3974" found at, the northwest
corner of a call 28.9270 acre tract of land recorded in the name -of Clear Creek Independent School
District in H.C.C.F. No. P598260, the northeast corner of a call 135.778 acre tract of land recorded in the
name of Clear Creek Community Church in H.C.C.F. No..20150231965,.and being -on. tbe�5outh Right -of -
Way (R.O.W.) line of F.M. 528 (120-foot width); ,
THENCE, with the east line of said. 135.778 acre tract and the west line of said 28.9270 and .10.000 acre
tracts, South 08 degrees 47 minutes 23 seconds East, at 1;28936 feet pass a..518,inch iron rod found at the
southwest comer of said 29.9270 acre tract and northwest corner of said i:0.000 acre t;ac and continuing
for a total distance of 1,434.76 feet to the most northerly corner and POINT OF BEGINNING of the
herein described tract;
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THENCE, through and across said 1.0.000 acre tract, South 58 degrees 44minutes-46 seconds East, a
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distance of 558.37 feet to a point on the southeast line of said 10,000 acre tract, the northwest line of
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Restricted Reserve "9' Block 1 of Autumn Creek Section Nine, a°subdivision in Harris County, Texas,
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according to the ma or platthereof recorded in Film Code C. No 4970I4 of the Harris
P P {F, ) , .. County Map
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Records (H.C.M.R.), from which point a found 1-1/2 inch iron pipe at the south comer of that certain tract
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described in H.C.C.F. No. F908407 bears North 38 degrees.19 minutes.32 seconds East, 420.83 feet;
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THENCE, with the southeast line of said 10.000 acre tract and northwest line of said Restricted Reserve
ry
"U', South 38 degrees 19,minutes 32 seconds West, a distance of 20.15 feet to the south corner.of the
herein described tract;
THENCE, through and across said-10.000 acre tract, North 58 degrees 44 minutes 46 seconds West, a
distance of 539.08 feet to a paint on the west line of said 10-000 acre tract and east line of.said 135.778
acre tract; -
THENCE, with said east and west lines, North 08 degrees 47 minutes 23 seconds West, a distance of
26.12 feet to the POINT OF BEGINNING and containing 0:252 acre of land.
TEIIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON. THE GROUND UNDER. THE
DIRECTION OF KYLE B. DUCKETT, RPM 6340 AND, FILED UNDER JOB NO. 161304 .IN THE
OFFICES OF GBI PARTNERS. L.P.
GBI.Partners, L.P.
TBPLS Firm #10130300
Ph: 281 499.4539
August 23, 2017
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Exhibit: "C"
RP-2019-455266
10/14/2019 RPI 440.04
UTILITY EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
DATE: ,•2017.
GRANTOR: CLEAR CREEK INDEPENDENT SCHOOL
DISTRICT
GRANTOR'S
MAILING ADDRESS: 2425 East Main Street
League City, Texas 77573
GRANTEE: CLEAR CREEK COMMUNITY CHURCH
GRANTEE'S
MAILING ADDRESS: 999 N. Egret Bay Boulevard
League City, Texas 77573
CONSIDERATION: Three Thousand Four Hundred and Thirty Dollars
and No1100 ($3,430.00) and other good and
valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
PROPERTY: A tract of land containing 0.252 acres of land, more or less, being
more particularly described by metes and bounds in Exhibit "A" which is attached
hereto and made a part hereof by reference, and being depicted on a drawing
marked Exhibit "B" which is attached hereto and made a part hereof by reference.
GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells
and conveys to GRANTEE, its successors and assigns, a perpetual non-exclusive
Page 1 of 7
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easement for the purpose of the installation, construction, reconstruction,
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alteration, operation, maintenance, extension, repair, removal, replacement and
upgrade (with the same or different size Facilities) of public utility lines and c
facilities ("Facilities':) in, upon, over, under and across the PROPERTY, together
with the right and privilege at any and all times to enter the PROPERTY described
above, or any part thereof, for said purposes.
Subject to the rights granted to GRANTEE herein, GRANTEE (or its successors
and assigns, as applicable) will, at all times after doing any work in connection
with this Easement, restore the surface of the PROPERTY (and GRANTOR'S
permitted sidewalks and driveways thereon) as nearly as reasonably practicable to
substantially its condition prior to the undertaking of such work. GRANTEE (or its
successors and assigns, as applicable) shall remove, at GRANTEE'S expense (or
that of its successors and assigns, as applicable), trash and debris, as well as any
dirt, earth, or other material excavated from the PROPERTY in connection with
the construction, operation, or maintenance of the Facilities made by GRANTEE
(or its successors and assigns, as applicable).
Until that time when GRANTEE assigns this easement to the CITY (as defined .�
below), and the CITY expressly agrees to maintain the Facilities in such instrument
N assigning the easement to the CITY, GRANTEE shall be solely responsible, at
CO � GRANTEE'S sole cost and expense, for the maintenance of the Facilities. a
N GRANTOR expressly reserves the right to the use and enjoyment of the surface of r
c� o the PROPERTY for any and all purposes, provided, however, that such use and
o n enjoyment of the surface of the PROPERTY shall not unreasonably interfere with,
N obstruct, or restrict the use and enjoyment of the easement for the purposes set
n forth herein. Notwithstanding anything herein to the contrary, GRANTOR shall y
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not, without the prior written consent of GRANTEE (or its successors and assig,
as applicable), which consent shall not be unreasonably denied or delayed,
construct or place or allow to be constructed or placed, any fences, houses,
buildings, structures, pavement, or other above -ground improvements (other than
sidewalks and driveways, as provided below) or other permanent obstructions
within the PROPERTY.
Notwithstanding anything in this instrument to the contrary, Grantor reserves the
right to construct or Iocate sidewalks and driveways (paved and unpaved) and
utility facilities across the PROPERTY and may grant easements for such utility
facilities, without the prior written consent of GRANTEE but with prior written
Page 2 of 7
notice given by GRANTOR to GRANTEE, or its successors and assigns, as
applicable (which notice shall include a copy of the plans for such sidewalks,
driveways, and utilities and the location of same within the Property). GRANTOR
agrees to coordinate any such construction and installation with Grantee to insure
the integrity of the Facilities located within the PROPERTY. Any such sidewalks,
driveways, and utilities shall not damage or otherwise unreasonably interfere with
the Facilities. GRANTOR shall be responsible, at its .cost, for maintaining all such
sidewalks and driveways and its utilities in good repair and condition.
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
as of the date hereof, and enforceable against the same.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto
GRANTEE and GRANTEE'S successors and assigns forever; and GRANTOR
does hereby bind itself and its successors and assigns to warrant and forever defend
all and singular the easement unto GRANTEE, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part
CO00 thereof, by, through, or under Grantor, but not otherwise.
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M`I' Upon and subject to the completion of the Facilities and acceptance of the
N rn Facilities by the City of Friendswood, Texas ("CITY"), GRANTEE shall assign
N N this perpetual non-exclusive Easement to the CITY and shall convey the Facilities
N OTC (and the related maintenance obligations as set forth horein) to the CITY and grant
n the CITY the right to inspect, maintain, rebuild, repair, improve and make such
lY changes, alterations, addition to or extension of its Facilities within the boundaries
of the PROPERTY as the CITY deems necessary
When the context requires, singular nouns and pronouns'include the plural.
Page 3 of 7
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GRANTOR:im
CLEAR CREEK INDEPENDENT
SCHOOL DISTRICT
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Its: Gib �r
ACKNOWLEDGEMENT
STATE OF TEXAS c
l !per f+
COUNTY OF V" [.�� -c
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oo(0 This instrument was acknowled ed before me on the i �5 day of -
COL 2017, byi�5�93�T__of
rn� Clear reek Independent School District, on behalf of said School District. �.
CO I H
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NO04 N G VEN UNDER MY HAND AND SEAL OF OFFICE this��&y of
C � , 2017.
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otary P blic in and for the State of Texas
��,,r Rra� Stephania Barker
Notary Pd*
i State of Texas
J1' of T�*y �Y �faSrOn EitpirpS 8�11�2020
Notary 1143894-8
Page 4 of 7
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GRANTEE:
CLEAR- CREEK COMMUNITY
CHURCH
By: A&4 ZA,4eC- �-XWa01\/
Its: �� , !✓l
�YV
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF
This instrument was ackn ed e beg re me on thb� day of
2017, by C�7Ir� �,77,2 of
1 Creek Community Church, behalg of said entity.
GIVFN UNDER MY HAND AND SEAL OF OFFICE tht&,kAday of
2017.
RETURN TO:
Notary Public 4in and or the State of Texas
54p!
�PAM D DURAND
Notary ID # 3582242,
My Commission Expires
January 4, 2020
Page 5 of 7
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EXHIBIT "A" 00
FIELD NOTES FUR 0.252 ACRE m
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Being a tract containing 0.252 acre of land situated in the Sarah McKissick Survey, Abstract Number 549, �C
Harris County, Texas. Being a portion of a call 10,000 acre tract of land recorded in the name of Clear
Creek Independent School Aistrict in Harris County Clerk's File (H.C.C.F.) No. P598262. Said 0,252•
acre tract being more particularly described by metes and bounds as follows (bearings are referenced to •�
the Texas Coordinate System of 1983, South Central Zone, based on GPS observations): o
COMMENCING at a 5/8-inch capped iron rod stamped "KRE&S RPLS 3974" found at the northwest
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corner of a call 28.9270 acre tract of land. recorded in the name of Clear Creek Independent School
Uj
District in H.C.C.F. No. P598260, the northeast corner of a call 135.778 acre tract of land recorded in the
name of Clear Creek Community Church in H.C.C.F. No. 2015023 1 965, and being an the south Right -of -
Way (R.O.W.) line of F.M. 528 (120-foot width);
THENCE, with the east line of said 135,771 acre tract and the west line of said 28.9270 and 10.000 acre
tracts, South 08 degrees 47 minutes 23 seconds East, at 1,289.36 feet pass a 5/8-ineb iron rod found at the
southwest corner of said 29.9270 acre tract and northwest corner of said 10.000 acre tract, and eontintting
for a total distance of 1,434.76 feet to the most northerly corner and POINT OF ]BEGINNING of the
herein described tract;
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THENCE, through and across said 10.000 acre tract, South 58 degrees 44 minutes 46 seconds East, a
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distance of 559.37 feet to a point on the southeast line of said 10.000 acre tract, the northwest Ilne of
Restricted Reserve "D", Block 1 of Autumn Creek Section Nine, a subdivision in Harris County, Texas,
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according to the map or plat thereof recorded in Film Cbde (F.C.) No. 497014 of the Harris'County Map..
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Records (H-C.M.R.), from which point a found 1-1/2 inch iron pipe at the south corner of that certain tract
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described in H.C.C.F. No. P908407 bears North 38 degrees 19 minutes 32 seconds East, 420.83 feet;
_
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THENCE, with the southeast line of said 10.000 acre tract and northwest line of said Restricted Reserve
=-
N"D",
South 38 degrees 19 minutes 32 seconds West, a distance of 20.15 feet to the south comer of the
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herein described tract;
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THENCE, through and across said 10.000 acre tract, North 58.degrees 44 minutes 46 seconds West, a
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distance of 539.08 feet to a point on the west line of said 10.000 acre tract and east line of said 135,778
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acre tract;
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TEMKCE, with said east and west lines, North' 08 degrees 47 minutes 23 seconds West, a distance of
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26.12 feet to the POINT OF BEGINNING and containing 0.252 acre of land.
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T13LS DESCRIPTION WAS PREPARED BASED 014 A SURVEY MAIZE ON THE GROUND UNAER THE
DIRECTION OF KYLE B. DUCKETT, RPLS '6340 AND FILED UNDER JOB NO. 161304 M 'THE
OFFICES
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Gall Part ra,.1 YJ. ' ? ITII'• .: Y • 5 Q• ��yN
TBPLS Pi #10100300• t s ,Rj„ ,,, .. ....
YLE e.oUCKM
Ph:28i.49 -
August 23, 2017 v6340
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EXHIBIT "B"
A: Oda\4019\1B17oi\�W6\17-4BBF.X.drg
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Page 7 of 7
RECORDER'S MEMORANDUM:
At the time of recordation, this Instrument was
found to be Inadequate for the host photographic
reproduction because of Illegiblllty, carbon or
photo copy, discolored paper, etc. All blockouts,
additions and Cheriges were present at the tlms
the Instrument was tiled and recorded.
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FILED FOR RECORD o
to
12:23:07 PM
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Monday, October 14, 2019 :15911)
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COUNTY CLERK, HARRIS COUNTY, TEXAS �°,
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N a' ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR USE OF THE DESCRIBED REAL
In PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. X
THE STATE OF TEXAS m
ry COUNTY OF HARRIS In
I hereby certify that this Instrument was FILED in File Number Sequence oo the dale and at the time
stamped hereon by me; and was duly RECORDED; In the Official Public Records of Real Property of Harris
County Texas
Monday, October 14, 2019
HAR
yew COUNTY CLERK
°� HARRIS COUNTY, TEXAS
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RP-2023-239938
# Pages 14
06/28/2023 01:26 PM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
10161612119WMAIADo 7111
Fees $66.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of ReaX"�
al Property of Harris County, Texas.
J��FHARq�l�o 0� ZA
y �� a� COUNTY CLERK
��J ;,_ 5�' HARRIS COUNTY, TEXAS