HomeMy WebLinkAboutSanitary Sewer & Lift Station Easement - Forest Bend HOA - 0 E FM 528 RD SANITARY SEWM AND LIFT STATION EASEMENT �
y THE STATE OF TEXAS §
KNOW ALL MIEN BY THESE PRESENTS:
COUNTY OF GALVESTON $
THAT FOREST BEND HOMEOWNERS ASSOCIATION, INC., hereinafter referred to
as "Grantor," for and in consideration of the sum of Ten and Nof 100 Dollars ($10.00) and other
goon: and valuable conside.aticn, in hard paid bey,the Clty of Frlendswood, a home rule municipal
corporation located in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee,'
the receipt: and sufficit;ncy of which is hereby acknowledged, have GRANTED, SOLD, and
CONVEYED,and by these presents does 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, storms sewer system. and Lift Station in,
liNit i� >� ��f � �+ :,m
under, over, along, upon, and across that certain 2..648 i� odes cif land, more or less, saute being
more particularly described in Exhibit"A"attached hereto and for all things made a part hereof.
nun TO HAVE AND TO HOLD, subject to the limitations set forth below,the above-described
easement,tobether with all and singular the rights and appurtenances thereto in anywise belonging,
�µ including all necessary rights of ingress, egress, and regres& unto the said Grantee, its successors;
assigns, and legal representatives forever. And Grantor does hereby bind itself its successors,
assigns and legal representatives, to warrant and forever defend,all and singular,the said easement
and rights unto the said Grantee, its successors and assigns, against every person whomsoever
+�►� lawfully claiming or to claim the same or any past thereof, by, through, or under Grantor, but not
otherwise.
'i,Mt Grantee may do and perform all acts necessary to construct,reconstruct, repair, relocate, or
maintain stonn drainage improvements can said easement and operate thereon all necessary
machinery and. equipment to efficiently proseeuw, thp- ;work. After completing construction,
reconstruction, repairs or maintenance, Grantee shall return the land as nearly to its original
condition as is possible, by repairing and/or restoring all damage caused by such work, including
but not limited to disturbed and uneven surfacing, excavations, damaged fences, damaged
vegetation,damaged playground equipment and/or other property owned by Grantor Grantor shad
have full access to the easement property, and may utilize same to the extent it deems necessary
and appropriate,provided it does not interfere with Grantee's rights to same.
This conveyance shall be subject to any and ail' matters of record which affect title to the
proper ,referred to herein.
10
FILED FOR, RECORD
8:00 AM
J U L 12, 2007
X"t
County Clark,* Harris Country,Texas
IN WITNESS WHEREOF, this instrument is executed this I1 day of
l. ,2007.
GRANTOR:
Lea e Baust, President
Forest Bend Home Owners Association,Inc.
GRANTEE:
City of Friendswood, Texas
By:
vid J. Smith
Mayor
ATTEST:
iloris
L
By:
McKenzie, T C
City Secretary
s FRIEp���
V
ADDRESS OF GRANTEE: Oo
City of Friendswood, Texas
910 S. Friendswood Drive �tE OF '�'�
Friendswood, Texas 77546
2
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Leanne
Baust, President of the Forest Bend Homeowners Association, Inc., 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 corporation and that she executed the same as the act of such corporation
for the purposes and consideration therein expressed,and in th apacity therein stated.
GIVEN under my hand and seal of office, this ay of ,
2007.
,., ,.
,�`'�Yw WENDY LOUISE KINGERY
NOTARY PI"STATE OF TEXAS
• CONNISSION EXPIRES: Otary ublic and or the ate of exas
NOVEMBER 12,2008
My Commission Expires:
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, this 5 day of
2007.
P�B4 MELINDA K.WELSH Notary Public In and For the State of Texas
�. NOTARY PUBLIC j
My comet ss on Expires 02 io-2oos C
OF My Commission Expires:
3
Term rv.lie_WMIMAr•p..d �.
E678821 81
� FEB-16-76 5 2 4 3 6 4 E 678811 — d p9 g-;09
ti
THE STATE OF TEXAS r 1
;•
Know AIf Men by These Presents:
County of HARRIS i 35-I 4'n282 1 /f
That U.S.'HOME CORPORATION OF TEXAS, a Texas corporation, .actinq herein by
and through its duly authorized officers
of the County of Fnrt Rpnri and State of Texas in consideration of
the a.of TEN AND NO/100-----------------f£ln-nnl------------------------ DOLLARS
paid by
FOREST BEND HOMEOWNERS ASSOCIATION, INC:
receipt of which is hereby acknowledged.and for which no lien,either express or implied,is retaioed a shall exist,have
Granted,Sold and Conveyed,and-br these presents do Grant,Sell and Coovey auto the said
FOREST BEND HOMEOWNERS ASSOCIATION, INC.
of the County of Harris and State of Texas aD that certain
tract or parcel of land situated fa the County of Harris and Su
te of Te:ere,to nit: �J
` l
All that certain 2.64817 acres shown as Reserve "D" on the Plat of FOREST BEND,
SECTION 1, dated January 20, 1969 and recorded in Volume 161, Page 101 of the
Map Records of Harris County, Texas; said 2.64817 acres in Torest Bend, Section
i bei•ng out of the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas,
and being more particularly described by metes and,bounds in Exhibit "A"
_attached hereto and made a part hereof by this reference.
This conveyance is made subject to all covenants, conditions, restrictions,
easements and any other'matters of record in the office of the Harris County
Clerk pertaining to the property hereinabove described.
TO HAVE AND TO-HOLD The above described premises,together with all aad singular the rights and appurtenances r
thereto in anywise belonging unto the said FOREST BF ND HOMEOWNERS ASSOCIATION, INC.
ccesssors does assigns
ands_ .
44JMX �aasigss forever.And_it_ *Kberebybind itcp1-F its c�ti•r`Pccnrc &�ke0►Itik%IpW6ff%X
XKdWAdd tAKl M. M to Warrant and Forever fiefend,all and singular,the said premises unto the said
FOREST BEND HOMEOWNERS ASSOCIATION, INC.
successors
and ltYt11K1Ind aeaigns.agaioat every person whonwxver lawfully claiming or to claim the maimor any part
thereof.
t'h�r CMnrrn.Cn de rynt[naR:INilpitt�Mat II
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d rre . ehr [ime Weremmt t '
• ...nerd an ,dd. '
WITNESSWITNESSits hand_or Houston, Texas rein /` 'rWayef January
�.D 76
le-r-,(✓
:•''t;,I !tmr"a R at Request of Greater: - U.S. HOME CORPORATION OF TEXAS '.' '
PIITEST: BY: ,/�` r
Roger B.Medors, President
Asss -tant Secretary
Title Data VT TDI15061 HA E67881"i . 001 r
3'AL PTAV'OF TEXAS, i XN=ACKNOWUDGMENT
COUNTY of arras J
.BEF60P;•ihe undersigned authority Is and for maid County nod State,as this day personally appeared'
Roger B.Medors, Vice President of U.S. Nome Coraoration of TexAS'
hswa'to ma to bti'ebe person__whose Rome is subscribed to the foregoing Inatrumat,end acknowledged to me that
th►/ame for the purposes and teamideratioos thee in need, and in the capacity therein stated.
a GIVEN fiNtpM��• HAND AND SEAL OF OFFICE this the7�day�of t�j�{j�rY) A.D.19-3
I. , �(L.S.)..,1~ J�•rt•Ct.L7f.11 �'''/[•!_it,('/,i
• ,�'✓ •:•c,• Not Public In and for' KarrlA-) Coo y.Teama
i
THE STATE OF TEXAS, 1 NNIGLE ACKNOWLEDGMENT- W
COUNTY OF j (f
BEFORE ME,the undersigned authority is and for sold County mad State,on this day personally appearea
knevrs to me to be the Parent__whose name smlwcrlbed to the foregoing instrument,and ackoow)edged to we that
�he_e:anted the sent for the purposes and eoeulderatioss therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A.D.19____ n)
G7]
W
f LS.1
Notary Public in and for Comely,Taxes
THE STATE OF TEXAS, JOINT ACKNOWLEDGMENT r
COUNTY OF -
BEFORE ME.the undersigned authority in and for said County and State,so this day persoually'appeved
•ud his wlk,-
_ both knows to me to be the persone'whome euoes site subscribed to the foragofag instrument,and acknowledged to me that they
each•executed the same for the purposes and consideration therein expressed,mad the amid
• - ,wife of the said
' having been examined by me privily and apart from her husband,and barfag the memo fully eaplifned to her,she,the geld
acknowledged such iostrument to be her act and deed,and
she declared that she had williagN signed the same for the parposea mod consideration therein expressed,sod that obe did not
wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day oil A.D.,19_
(L.S.)
Notary Public in sad for r•+Duty,Tease
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THE STATE OF'TFXAS,
i
County of t,
Clerk of the County Coen of sold County,do hereby cartity that the above instrument of wtiting,delta on th-
j day of '19 ,with its certificate of authentication,was filed for record in my office this
day of ,D.19 ,at "clock it.,and duly recorded
theday of A.D. 19 ,at o'clock—M.,to the records
of said County,In Vol. on pages Nos. "
J WITNESS MY RAND and seal of County Coort'of-said'County,this,thr
? day of A.D.19_.
p�( '-*Poky. Clerk County Court. County.
iKI ,II II I111, 1 II,.I,I lu I. it it i J.n Iildilin ii ulin..n .
Title Data2
VT TDI15061 HA E6'78811 . 002
135-14-0284
All that certain 2.64817 acres sho.m as Reserve "0 on the Plat of FOREST ` J
BEND, SECTION 1, dated January 20, 1969 and recorded in Volume 161, Page
101•,of the Hap Records of Harris County, Texas; said 2.64817 acres in
Forest Bend, Section 1 being out of the Sarah McKissick Survey, Abstract
Harris County, Texas, and bein4 more particularly described as
f of l n:as
COrhN11ENCJNG at a concrete right-of-Vidy r!or,unent on the northwesterly right-
of-way of F. M. 523 (being 100.00 feet wide) which is a Point of Tan,zncy
as sho;m on the.above referenced plat of Forest Bend, Section % thence
! South '1 deg: 12 min. 13 sec. Lest, along the north-westerly right-of-way of
said F. N. 529, a distance of 145.69 feet-to a.1i2'inch iron rod for an
1 angle.point-in said right-of-wiy; thence, continuing along said northwesterly
right-of-vldy So—M. 43 deg. 37 nin: 55 sec. :West, a distarce of 30.25 feet
�. . to a 318 inch.iron rod for the.rore easterly corner of the 'herein described
t tract and the PLACE OF OEGINNNING;
THENCE South 43 deg. 37 min. 55 sec. West, along the northwesterly right-of-
way line of F. M. 528, a distance of 488.99 feet to a 3/8 inch iron rod.for j•
j the-.morn southerly-corner of the herein described tract on the northeasterly
bank o' Clear Creek;
{ THEME _;^.ng said north-asteriy bank of Clear Crrek'titith its meanders as
• - follc•.s:
Girth 05 deg. 55 m,r, 32 sec. last,.9l.G5 feet;
;sarth 03 deg. 15 miri. 54 sec. East, 57.56 feet;
'forth 04 deg. 55 min. 04 sec. West, 30.68 feet;
t,orth 03 deg. 35 min.•46 sec. East, 40.45 feet;`
North 02 deg. 04 min. 14 sec. hest, 46.05 feet;- "
North 07 deg. 28 min.'49 sec. 'West, 45.04 feet; i
North 04 deg. 56 min. 06 sec. Lest, 46.00 feet;-"
!' North 13'deg. 27 min. 53 seF. Lest, 40.45 feet;
North 33 deg. 14 'nin: 22 sec. ;West;-21.18 feet';
' tic•.th 19 deg. 20 min. 25 sec. West, 79.29 feet;
North 31 deg. 50 min. 07 sec. :last, 40.05 feet and
North 51 deg. 23 min. 51 sec. Vest, 30.44 feet to a point in the
-edge of Clear Creek for the more easterly corner of the herein described
tract; .
THENCE :;arth 41 deg. 35 min. 03 sec. West, at 10.00 feet pass a 3/B inch iron .
rod on line, at 137.10 feet pass a'3/B inch iron rod on line, in all 150.00
feet to.a point in a pond for the more northerly corner of'the herein described
tract;
THENCE South 48 deg. 24 min. 57 sec.'East; at 90.03 feet pass a 3/8 inch iron
rod on line, in all•432.03 feet to the PLACE Or BEGINNING and containing -
2.64817 acres of land.
EXHIBIT 'W' „
Title Data VT TDI15O61 HA E678811 . 003
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL.OR USE OF THE DESCRIBED REAL
PROPERTY 9ECAUSE OF COLOR OR RACE 6 INVALID AND UNENF+ORCEOLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I tergy c>trtlfy mit the ittetummi wx FILED 0 Fie Number Seluence on to dete and at to time
sompol neftm ay rtle;IN os dull RcCuROED,Io me Awi Pa Ato ormof Real Propergof Harm
�I� Carty,Tmc�an
J U L 12 2007
f
I
COUNTY CLERK
* HARRIS COUNTY,TEXAS
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