HomeMy WebLinkAboutPotable Water Easement - Bank of America, N.A., Trustee of Parchall Trusts; Buckner Baptist Benevolences; Texas Scottish Rite Hospital; Gary - 0 FM 2351 RD� ./ &,,,,,,,/ Jt/
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POTABLE WATER EASEMENT
0812&/02 30()8258M W032010 S31.00 THE STATE OF TEXAS§COUNTY OF HARRIS:
KNOW ALL MEN BY THESE PRESENTS: (!efJ � THAT Bank of America, N.A., Trustee of the Barbara�-Paschall Trust, the Sue Paschall -;i.?J1J/ Trust, and the Charles Paschall Jr. Trust; Buckner Baptist Benevolences; Texas Scottish Rite Hospital for Crippled Children; Sue Paschall John; Charles E. Paschall, Jr.; Barbara Paschall Averitt;Barbara Elizabeth Gary; Emily Erin Gary; and Mary Gary Mohr ("Grantor"), for and inconsideration of the growth, the requirements, and the benefits to accrue to the citizens of the Cityof Friendswood, Texas, a home rule municipal corporation of the State of Texas ("Grantee") and the'covenants of the Grantee set forth herein, has GIVEN, GRANTED, DONATED and CONVEYED,and by these presents does hereby GIVE, GRANT, DONATE and CONVEY unto the Grantee, anon-exclusive fifteen-foot easement in, under, over, along, upon, and across Grantor's undividedright, title and interest in and to that certain 0.170 acre tract of land, more or less, same being moreparticularly described in Exhibit "A" attached hereto and for all things made a part hereof (the"Easement Area"), for the sole purpose of constructing, reconstructing, repairing, altering, andmaintaining underground potable water facilities therein.Grantee may do and perform all acts necessary to construct, reconstruct, repair, alter, ormaintain underground potable water facilities within said Easement Area and to operate thereon allnecessary machinery and equipment to efficiently prosecute work related thereto. Grantor, for itselfand its successors and assigns, retains and reserves the right to grant other rights and easements tosuch other persons as Grantor deems proper, provided that such other future grants are subject to thiseasement and the uses granted to not materially interfere with or prevent the use of this easement byGrantee for the purposes set forth herein. Furthermore, Grantor, for itself and its successors andassigns, retains and reserves, and shall continue to enjoy, the use of the surface of the Easement Areafor any and all purposes that do not materially interfere with or prevent the use of this easement byGrantee for the purposes set forth herein. Any damages to the landscaping or improvements of thesurface of the Easement Area, as they exist from time to time, as a result of the entry upon theEasement Area by Grantee shall be promptly repaired by Grantee.This conveyance is expressly made subject to any and all existing restrictions, rights-of-way, 0reservations, covenants, conditions, mineral interests, oil and gas and other mineral leases, andprescriptive rights, whether of record or not, but only to the extent that the same are still in force andeffect and enforceable against the Easement Area. This easement, along with all rights andprivileges hereunder shall terminate when the easement, as described above, is abandoned uponadoption of an Ordinance abandoning or vacating such by Grantee.TO HA VE AND TO HOLD the above-described easement, together with all and singularthe rights and appurtenances thereto in any wise belonging unto the said Grantee, it successors andassigns forever, and Grantor binds itself, its heirs, executors, and administrators, to warrant andforever defend all and singular the Grantor's undivided right, title and interest in and to saideasement unto Grantee and Grantee's successors and assigns against every person whomsoever/le,,,
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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.
This document may be executed in multiple counterparts, each of which shall be deemed an
original and the signature pages of all of which taken together with the body of the document shall
constitute one and the same instrument binding on each signatory.
[This conveyance is made by Bank of America, Trustee, only in its capacity as Trustee
of the Barbara E. Paschall Trust, the Sue Paschall Trust, and the Charles Paschall Jr. Trust, and it
is expressly agreed that it shall have no corporate or personal liability hereunder, whatsoever.]
WHEREOF, this instrument is executed this � day of -=����-,tL __ _,,2002
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STATE OF TEXAS
COUNTY OF DALLAS
GRANTOR:
TEXAS SCOTTISH RJTE HOSPITAL FOR I� CRIPPLED CHILDREN
By: '-1,,e/:-,,-..J. >4 c� :nted Name: John T. Schoonmakeritle: Sr. V.P. & C.F.O.
This instrument was acknowledged before me on the l-lA day of __,,J"'--""u�(J.J---J,.e ___ _____,2002 by John T. Schoonmaker Sr. Vice President & Chief Fi nanci a 1 Officer of Texas Scottish Rite Hospital for Crippled Children, on behalf of said corporation.
_):;�ALICIA GREGG -�:"R,J} MY COMMISSION EXPIRES
••��:..:f>'I AUGUST 18, 2004 � );L,:i!;;yNotary Public, State of Te
My Commission Expires:
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STATE OF TEXAS
COUNTY OF DALLAS
GRANTOR:
BEFORE ME, the undersigned authority, on this date personally appeared Barbara Paschall
Averitt, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this� / � o�2002.
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STATE OF TEXAS
COUNTY OF DALLAS
GRANTOR:
BEFORE ME, the undersigned authority, on this date personally appeared Charles E.
Paschall, Jr., 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .:1-L_ day of ,41,,a,<1 s±
2002.
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GRANTOR:
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STATE OF VIRGINIA
COUNTY OF l/V2(
BEFORE ME, the undersigned authority, on this date personally appeared Barbara Elizabeth
Gary, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this jf2_ day of ,4c.qllff 2t!fl---
2002.
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County Clei1<, Hanis County, Texas
EXHIBIT "A"
•DESCRIPTION OF A 0.170-ACRE TRACT OF •
LAND OUT OF THE PERRY AND AUSTIN
LEAGUE,A-55, HARRIS COUNTY, TEXAS
Being a tract of land containing 0.170 acres (7,413 square feet) out of the Perry and Austin
League, A-55, Harris County, Texas. Said 0.170-acre tract of land being a portion of a 5.414-acre
tract of land conveyed to Sue Paschall John as recorded under Harris County Clerk's File No. _>/
U119053, Film Code No_ 529-56-1221 of the Official Public Records of Real Property in Harris
County, also being a portion of lot 61 of the Hoidale and Coffman Subdivision as recorded in
Volume 3, Page 6,Harris County Map Records, Harris County, Texas. Said 0.170-acre tract being
more particularly described by metes and bounds as follows, with the basis-of-bearings being the
northwesterly right-of-way line of F.M. 2351 (width varies):
BEGINNING at a 5/8-inch iron rod with Cotton cap found in the said northwesterly right-
of-way line of F.M. 2351 for the southerly corner of a 2.353-acre tract of land conveyed to Coastal
Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. T369770,
Film Code No. 522-12-0994 of the Official Public Records of Real Property in Harris County, for
the easterly corner of the said 5.414-acre tract, for the northeasterly corner of the tract herein
described,located in a curve to the right;
THENCE in a southerly direction with the said northwesterly right-of-way line of F.M.
2351 and with said curve to the right having a radius of 1,850.08 feet, a central angle of 06° 27'
41", a chord bearing of South 58° 30' 09" West, a chord distance of 208.53 feet, and a curve length
1 of 208.64 feet to apoint in the said northwesterly right-of-way line of F.M. 2351 for the end of said
Qh curve to the right, for an angle point of the tract herein described;
THENCE South 61° 44' 00" West, with the said northwesterly right-of-way line of F.M.
2351, with the south line of the said 5.414-acre tract, a distance of 287.70 feet to a point in the said
northwesterly right-of-way line of F.M. 2351, in the south line of the said 5.414-acre tract, for the
southerly corner of the tract herein described;
THENCE North 28° 16' 00" West, leaving the said northwesterly right-of-way line of F.M.
2351, a distance of 15.00 feet to a point for the southwesterly corner of the tract herein described;
THENCE North 61° 44' 00" East, parallel to and 15 feet northwesterly of the said
northwesterly right-of-way line of F.M. 2351, a distance of 287.70 to a point for the beginning of a
curve to the left;
THENCE in a northerly direction, parallel to and 15 feet northwesterly of the said
northwesterly right-of-way line of F.M. 2351 with said curve to the left having a radius of 1,835.08
feet, a central angle of 06° 22' 55", a chord bearing of North 58° 32' 32" East, a chord distance of
204.30 feet, and a curve length of 204.40 feet to a point in the said common line of the said 2.353-
acre tract and the said 5.414-acre tract, for the northwesterly corner of the tract herein described;
THENCE South 44° 20' 56" East, with,the said common line of the said 2,353-acre tract
and the said 5.414-acre tract, a distance of 15.22 feet to the POINT. OF BEGINNING and.
containing 0.170 acres(7,413 square-feet) of land.
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AU.SLOCUM,kikQ1TIONS AND eertmr.
TIE PRESET AT TH
Compiled By: �, OF T� VAS FLEL Rf��
WEISSER ENGINEERING COMPANY S rye
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111 'IIO'lllOI mu• ntM mt�Cl! lllf !.IU. IIUTIL OR US( OF U£ 0£SCRll!O REil ,�oml'I IECU!E OF COto« o« RAC£ 5 1m» uo UIEIFOilC£11l£ UIDER mmL lAI , THE STATE OF TEXAS COUNTY OF HARRIS • ..,.., ... MhHl4• .. Fl!eilfltN,MW$tq,IOCI00 .. 4'1 0MIU1t lill1 ,..,. MIi ry ao; IN ,u loly RECOIIOIO. � It O!liliol l•fc RKo* of Rul'n,tn, of l!tnis e..._,T-•. AUG 2 6 2002 e �4�
COUNTY Ct.ERK
HARRIS COUNTY, TEXAS
Linda Thornton
From:
Sent:
To:
Cc:
Deloris Mckenzie
Monday, July 22, 2002 7:42 AM
'Loren@olson-and-olson.com'
Linda Thornton
Subject: FW: Changing street names in the City
F. y .I.-----Original Message----From: Mike Hodge Sent: Friday, July 19, 2002 10:29 AM To: Deloris Mckenzie Subject: RE: Changing street names in the City
The fifth easement is coming from Howard Compton. Loren has been working on it for me. MGH
-----Original Message----From: De loris Mckenzie Sent: Thursday, July 18, 2002 4:20 PM To: Mike Hodg e Subject: FW: Changing street names in the City
Is this the fifth easement we are needing? -----Original Message-----From: Loren Smith [mailto:loren@olson-and-olson.com] Sent: Thursday, July 18, 2002 4:04 PM To: 'Deloris Mckenzie' Subject: RE: Changing street names in the City
If it is the one with Howard Compton at the point, it has been prepared and has been forw arded to the property owners for signature. I spoke with Howard Compton yes terday or Tue�day and he recognizes that the time is NOW ---tr,-on--rmrtove-f orwa-rct-:--If i L l. s 11ot-t-he-orre-±rrvo-1 v ing Huwarct--eompton,-t-herr-I-rre-e·.....,._ _________ _ the information rela ted to the land owners and the property description.
-----Original Message-----From: Deloris Mckenzie [mailto:dmckenzie@ci.frien dswood.tx.us] Sent: Th ursday, July 18, 2002 4:01 PM To: 'loren@olson-and-olson.com' Subject: RE: Changing street names in the City
Thanks for the street name review. We will proceed with posting the Ordinance.
Yes, you are correct, you have already prepared four easements and Council has accepted them. We need one more. As I understand it, this is the one with multiple property owners. Is ready yet? Mike Hodge's group is ready to proceed with the waterline and are needing this asap.
-----Original Message-----From: Loren Smith [mailto:loren@olson-and-olson.com] Sent: Thursday, July 18, 2002 3:06 PM To: 'Deloris Mckenzie' Subject: RE: Changing street names in the City
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Yes, I have reviewed Ordinance 82-16 and discussed it with JFO. I think it is clear that 82-16 does not give the City Manager the authority to rename streets .. I believe that the City Manager is simply authorized to change the street addresses on the streets specifically changed in 82-16 through the procedure outlined therein. I have also reviewed the ordinance changing street names which you sent to be adopted in August. It looks fine.
I'm going to need a little more information regarding the 24" waterline easement document. I have prepared an easement document, but thought that we had all but one of the easements signed and ready to go.
-----Original Message-----From: Deloris Mckenzie [mailto:dmckenzie@ci .friendswood.tx.us] Sent: Thursday, July 18, 2002 11:26 A.� To: 'Loren@olson-and-olson.com' Subject: FW: Changing street names in the City
Have you had a chance to look this over?
P,lso, are yall preparing a 5th easement document for the 24" waterline off FM2351? >-----Original Message----->From:Diana Steelquist >Sent:Wednesday, July 17, 2002 4:46 PM >To: Deloris Mckenzie>Subject: RE: Changing street names in the City> > Thanks.> > Diana Steelquist>Community Development Coordinator>(281) 996-3290> > -----Original Message----->From:Deloris Mckenzie >Sent:·wednesday, July 17, 2002 4:20 PM>To: Diana Bteelquist; Dan Johnson> Subject: RE: Changing street names in the City>
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> I read Ord. 82-16 gives the City Manager the authority to name and>redesignate names of strees from the adoption of 82-16. I will have the>City Attorney review and will let you know what he advises.>> -----Original Message----->From:Diana Steelquist >Sent: Wednesday, July 17, 2002 4:02 PM>To:Dan Johnson; Deloris Mckenzie >Subject:Changing street names in the City >> Dan and Deloris, >Per our earlier conversations regarding the redesignation of E.>Viejo Drive, I've prepared a rough draft of a proposed ordinance to change>the street name which is shown on city maps as Rancho Drive back to E.>Viejo (reference Ord. 82-16). I have also drafted a letter to the>affected lot owner who will need to make an-address change from 302 to 300>E. Viejo. The procedure for the redesignation of street addresses is>outlined in Ord. 82-16. Basically, the lot owner must be notified by>certified mail and he is given a ten day window to protest the address>change.>> We have a second street which requires a street name. It runs in
>front of the new Whispering Pines subdivision and is located at the end of>Falling Leaf. If my memory serves me correctly, we were going to call it>Baker Road. This is an issue that Kim Mickleson worked on for us to
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