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HomeMy WebLinkAboutSanitary Sewer Easement - Galveston County - 0 FRIENDSWOOD LINK RD 20070 1720 7 PGS SANITARY SEWER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT GALVESTON COUNTY, a political subdivision of the State of Texas, acting by and through it's county commissioner's court, hereinafter referred to as "Grantors," for and in consideration of the sum of Ten and No/100 Dollars (Iio.ou) and oil-ler good and valuable consideration, in hand paid by the City of Friendswood, a home rule municipal corporation located in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee," the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns, and legal representatives, a perpetual easement for the purpose of constructing, reconstructing, altering, and maintaining an underground storm sewer system in, under, over, along, upon, and across that certain 55204 square feet of land, more or less, same being more particularly shown and described in Exhibit"A" attached hereto and for all things made a part hereof. TO HAVE AND TO HOLD, subject to the limitations set forth below, the above-described easement, together with all and singular the rights and appurtenances thereto in anywise belonging, including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors, assigns, and legal representatives forever. Grantee may do and perform all acts necessary to cott� i mn+ 1 n ,dlnsmc repar. Orw,. LaL1J oinsa, and operate thereon all necessary machinery and equipment to efficiently prosecute the work. Notwithstanding any other provision contained herein to the contrary, the easement granted hereby is subject to the following: I Grantors shall retain the right of ingress and egress over and across the permanent easement granted and conveyed hereby, but agree that no building shall be placed in, on or within said easement; 2. Grantors shall retain title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waive any and all rights of ingress and egress to the surface thereof for the purpose of exploration, developing, mining, 3. Grantee shall at all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said storm drainage structures, restore the surface of both the temporary construction easement and the permanent easement to the condition in which the same were found before such work was undertaken. This conveyance shall be subject to any and all matters of record which affect title to the property referred to herein. IN WITNESS WHEREOF, this instrument is executed this 4th day of APri1 , 2007. GRANTORS: COUNTY OF GALVESTON Jam s D. Y broug unty Ju e 2 GRANTEE: City of Friendswood,Texas By: L i bVig-i. H. Smith Mayor ATTEST: By: De oris McKenzie,T C City Secretary �►�� FR�y�a t�1 Op ADDRESS OF GRANTEE: City of Friendswood,Texas r�1 tE OF 910 S. Friendswood Drive Friendswood,Texas 77546 3 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared James D. Yarbrough, County Judge of Galveston County, Texas, known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, t his��y of April, 2007. Notary blic In and For the State of Texas My Commission Expires: 44 J?��oD� 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 city for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this 5 day of �u , 2007. After Recordinq, Please Return to Notary Public In and For the State of Texas Property Acquisition Services My Commission Expires: G.)1(36 f 0coe=t 19855 Southwest Freeway, Suite 200 Sugar Land,TX 77479 4 *�Y � MELINDA K.WELSH • NOTARY PUBLIC STATE OF TEXAS My Commission Expires 02-20-2009 EXHIBIT"A" EASEMENT-5 METES.AND BOUNDS DESCRIPTION 5,204 SQUARE FEET OUT OF SARAH MCKISSICK LEAGUE,ABSTRACT NO. 151 FRIENDSWOOD,GALVESTON COUNTY,TEXAS All that certain 5,204 square feet out of Sarah McKissick League, Abstract Number 151, Friendswood; Galveston County,Texas and being out of that certain tract as described in a deed dated 05-17-1971 from SERA Country Club, Inc. to County of Galveston as filed in Book.2183, Page 396 Galveston County Deed Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone).- Commencing at a found 1/2" iron pipe marking the south end of the most northerly west line of Lot 17, R.eplat of Pilgrims Point according to the plat thereof as filed in Volume 15, Page 182 Galveston County Map Records; Thence N 640 38' 29" E- 344.23' with the most northerly west line of said Lot 17 to a point for corner; Thence S 84' 29' 59" E - 208.59' to a point for corner, Thence S 850 11' 11" E - 660.06' to a point for corner; Thence N 87' 04' 35" W - 66.62' to a point for corner; Thence N 880 45' 18"E-80.32' to the POINT OF BEGINNING of herein described tract; 1. Thence N 11' 13' 15"E-20.70' with the edge of water of Clear Creek to a point on a curve to the left having a radius of 990.00' and a central angle of 15'09' 13"; 2. Thence with said curve an arc distance of 261.83' and a chord bearing and distance of N 780 35' 41"E-261.07'to a point for comer; 3. Thence S 150 47' 27"W-24.23' with the edge of water of Clear Creek to a point on a curve to the right having a radius of 1,010.00'and a central angle of 14'40' 27' 4. Thence with said curve an arc distance of 258.68' and a chord bearing and distance of S 790 08' 21"W-257.97'to the POINT OF BEGINNING and containing 5,204 square feet(0.1195 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: 11-846 Esmt 5.doc 10-12-2006 11-846 Esmt 5 CALLED 2.64817 ACRES A,� GALL RESIDUE CaMB SERA COUNTRY CLUB. INC. U.S. HOME CORPM77ON OF TEXAS EXHIBIT "B" TO To TO COUNTY OF GALVESTON EASEMENT FOREST BEND HOMEOWNERS ASSOCIATION. INC. J NORWOOD HOMES, INC. p (D-J28798 128-J9-1700) (VOL. 2183, PG. 396 C.C.D.R.) -6 (£-678811 135-14-0T8T) G OJ-27-1969 05-17-1971 I 01-15-1976 / �g SERA COUNTRY CLUB, INC. FOREST SEND TO P a COUNTY OF GALVESTON 1 4 1 SECTION ONE _ (VOL 2525, PG. 712 G.C.D.R.) t NOL-181,PG.101 HCMR) J W 08-19-1975 1 1 / TRACT III-CALLED 0.771 ACRE SERA COUNTRY CLUB, INC. J GALVESTON COUNTY 1 RESERVE FWD LAND CO., INC. (� ' pJ (H-756477 034-84-1542 H.CO.R,) G.1 I �� G (82-38528 00T-02-1542 CGO.R.) .360, 12-16-1982ki n W Q\ \\ 19. :p, EASEMENT+ V / �•6 '4 P o.s. FORCE MAIN �,� COMMENCING POINT ; - EASEMENT- 5 \o 1 0.1195 Acre / CLEAR CREEK (5.204 sq ft) GOJ GO J�0 REPLAT OF THE PARK / PARCEL 51—CALLED 1. ACRES CA2 WH7COM& Er ET A AL P� ATOW IHOUSESUSDMSION TO STATE(P.R"17,PG.MAP 8856 QCMR) 2557 of TEXAS C! ———— �r ,�+► (P-OJ255730�1992-z460) ----------- NOTES I.THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY BUT HAS REUEO ON VANGUARD TITLE COMPANY TO PROVIDE DEED CORES OF THE SUBJECT PROPERTY AND ADJOINERS, LINE DISTANCE BEARING 2.THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE L1 20.70' N 11'13'15'E \ EASEMENT 5 TEXAS COORDINATE SYSTEM OF 1253,SOUTH CENTRAL L2 24.23' S 15'4727'W \ ZONE. 3.THE BUILD1Jc5 OR IMPROVEMENTS SHOWN HEREON L.7 208.59' S 8429;49'E C.L. DAVIS & CO. FRIEENDSWOOD 500 WI �775" RE�NT O TLINISE NEE AT GROUND SURFACE LEVEL, L4 $50.06, s 85.11'11"£ \L2 LAND SURVEYING �1-4ax-o4aD L5 66.62' S 8704'35"£ 4.THE UTILITY APPURTENANCES(I....uUIRY Polaa,inM4,ate.) SA. SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF L6 80.32' N ST45.18"E `!} FORCE MAIN EASEMENT SURVEY AND MAY NOT BE COMPLETE. 5. TRACT SHOWN HEREON SUBJECT TO CRY OF FRENOSW00D BUILDING ORDINANCE, 5,204 SQUARE FEET OUT OF 5.UNDERGROUND UTIUTTES NOT SHOWN.COHTRACTOR IS I CURVE RAaus DELrA ARc rA1JCEN s£AR94c CHORD SARAH McKISSICK LEAGUE, A-151 RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UTILITIES. I C1 990.00 I 15-0913 I 261.83 ( /31.69� N 7z".5"N'£1261.07 FRIENDSWOOD, GALVESTON COUNTY, TEXAS 7. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES I CZ 1,0f0.00 /4'40'27' 258.68 130.05 5 79'0821"W 257.97 AND BOUNDS DESCRIPTION PER TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS"GENERAL RULES OF PROCEDURES AND PRACTICES'SECTION 663.19(9). DATE:00—i1-546--24— SCALE: i"- f00'(JO8 NO.: 11-846 DWG. A6-BASE �