HomeMy WebLinkAboutUtility Easement - Trustee of Jones Trust, Paschall, Gary, & Estate of Sue Bain Groves , L E E O
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EASEMENT
-STATE OF TEXAS j KNOW ALL,MEN BY
COUNTY OR,GALVESTON I THESE PRESENTS !
THAT WE, ' ; Tublic National Back of Dallas,Trustee of the John L. Jogs.
Trust; Erin >r .Jvaes Trvs£e FS0 Sorbet* faec ►1 a�.1 aad"rtfs Gary; and as
Iodepen8aat__scutor of tbe_Estate of Sue 8ain_Oravea
hereinafter called "Grantor", for and in consideration for the sr of
ONE T?iOUSANO ONE HUNDRED DOLLARS ($1 , 100,00) to us In hand paid by
the Clty of 1'riendsrood, a duty and legally chartered munlelpet Corp'
oration of the County of Galveston, Stet of Texas, hereinafter called
"Grantee", the receipt and sufficiency of which is hereby acknowledged,
have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL,
and CONVEY unt'' the said Grantee, its successors and assigns and legal
representatives, s perpetual easement and right of way for the purpose
of maintaining, constructing, reconstructing, repairing, relocating,
and removing e sewer llne and related facilities over the above described
property situated In Galveston County, Texas :
Being a 15 foot wide utility easement over and across lot 39 of
the Coffman and Hotdale subdivision of a part of the Perry and
Austin League, Abstract 20. Galveston County. Texts, as appears
of record in Hap Book No. 215 at Page 394 of the records of
Galveston County, and being more particularly described as followst
Beginning ,t the southerly corner of lot 39 of the said Coffman
and Hoidain subdivision, being the Common corner of lots 21 , 22,
39 and 40, ea appears of record In the said Coffman end Holdale
subdiv;x1on;
MINCE N 45° 00 ' W 15,00 ' with the common line of lot 39 and
lot 22 of the said Coffman and Hoidale subdivision;
THENCE N 45 00' E 640.00 to a
' �� point to the northeasterly line
of lot .39 and southwesterly line of 0, 40' right-of-way, as appears
of record rl the said Coffman and Noidale aubdivi,sion;
THENCE S 1;9° 00' E 15,0' with the northeasterly line of lot 39 .
and southwesterly line of a 40' -ight-of-way, as appears of record
I in the sarc ccrrman and Moldnle Rubdiviston;
THENCE S 'rso 00' W 640.00' with an existing barbed wire fence
along .the common 11ne of lot /9 and lot 40 of the said Coffman
and Hoidale subdivision to the place of beginning and containing
0. ZZ0 acres of land more or less.
There is further conveyed a temporary construotton easement for the
period of one veer from the date of the execution of this easement
or:upon completion of the construction and •lnstelletton of the facilities
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contemplated by this grant within the permanent right of way granted
Pereuy. whichever first occurs. Such temporary construCtion easement
being more particularly described es follows: '
Being a 30 foot wide temporary construction easerient adjoining
the above described utility easement to, the northwest, end lying
over and across lot 39 of the Coffman and Noidalc Subdivision, e
pert of the Ferry and Austin League, Abstract 20., Galveston ,County,
Texas, as appears of record In Hip Book No. 215 et Page 394 of the
records of Galveston County, and)tng more particularly described
as follows:
Beginning et a point In the southwesterly line of lot 31 and north-
easterly line of lot 22, as appears of record in the said Coffman
,and Noida re subdivision, said point lying N 45° 00' W 15.0 from the
southerly corner of lot 39 of the said Coffman and Holdele sub-
division;
THENCE N 45°00' 'd 30.0' with the common line of lot 39 and Tot 22
of the said Coffman and Hotdele subdivision;
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THENCE N WOO' E 640.00' to a point in the northeasterly Iine of
lot 39 and southwesterly line of a 40' right-of-way as appears of
record in the said Coffman and Holdaie subdivision;
THENCE S 4$°00' E 30.00' with the northeasterly' line of lot 39 •
and southwesterly line of 'e 40' right•of-way, as appears of record
in the sold Coffman and Hoidele. subdivistoni
THENCE S 45°0O' W 640.00' with the northwesterly lino of the
above described utility easement to the place of beginning and
containing 0.441 acres of lend more or less.
TO RAVE ANO TO HOLD the above described easement end right of way,
together with all and singular the rights and appurtenances thereto in
any wise belonging, including all necessary rights of lingretss. egress,
and regress, unto the said Grantee, Its successors and assigns , forever,
And Grantors do hereby bind themselves . their heirs, executors end'
adninistrators , ' to warrant and forever defend, ail end singular, the
said easement and rights unto the said Grantee, Its •successors snd
assigns , against every person whomsoever lawfully claiming or to
claim the same of any part thereof by, through, or under Grantor, but
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pies uo out t JSMas a ug03uJew JO anows4 lelnoisJ 'a ipdsJ 113n.+mve?sJ
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That the Grantors may construct and pave t'oproveeronta, except
'buildings, on the easement so long as such construction or paving is in •
accordance with the then existing ordinances, policies, rules and
regulations of the City of rriends►iood.
That the unitary sewer wlli be burled beneath the surface of the
land conveyed herein, sothat the top of the sewer pipe shali never
be less than two feet beneath the surface,efter some it coepacted
and restored to Its present elevation.
Grantors reserve and retain for themselves, their heirs, successors,
assigns and lessees, all of the oil , gas, Sulphur, sand, gravel , and '
other minerals of every kind anCeharaeter, simller 'or dissimilar to
those named, and whether now known, or hereafter found to exist on,
in or over the lands covered by this easement, with the full and free
right of Ingress end egress, for the purpose of mining, removing, end
transporting the same, or any part thereof. This agreement Is made
subject to any and all existing agreements covering described land,
Including but not limited to oil, gas and mineral leases .
Republic National Bank of Dallas Is acting only In the representa-
tive capacity shown here►nbelar and not for its pan account end have
executed this right-of•way, easement on the condition that it shall have
no liability in an individual capacity for any agreement, warranty, or
Indemnity herein contained.
in witness whereof, this instrument is executed this Ad710.4e
day of . 1978.
Republic National bank of Dallas, Trustee of t1
John L. Jones Trust; !Tin gain Jonas Truete TN
Barbara 'Paschall and Otis' Gary; and ea
Iodapendeat Executes of the Estate of Sue Salo
Groves
9Y:
aims R. 8 dley, Assis t Vies !rapidest
and Trust Officer
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CORPORATE ACESOVIXDOCERT
. 6(0 3z67 PAU 631
TIC STATE OT TEXAS
I
ootrert OF DALLAS
.
sutras NE, the undarsigaed, a Notary Public in end for said County
and State, on this day personally appssred Jamaa X. Smedley, MS/staat
pica President of Republic National Dank of Dallii, kawra to ma to be
the person and officer whoa& name is4ubscribed to the forag'otag L ati•e-
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resat and ackaarlsdgad to ma that the same vas the act of laid Rspub1ia
National Bash of Dal-lac a corporation. and that ha executed that same aa.
the act of ouch corporation for the purposes 'and c naidaratiom tharsin
' expressed. and in the capacity tbsreia stated. •
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GIVEN tura MY SAND AND SEAL or OFFICE this' SO+k day of
, .. ........, ;��4. i' +,,*M , A.D. 19 � .
-
i Notary Public-Ea and or
. ., Dail"
all Co�mt�rDub, ,/ •
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as
Notary uc, oeu�, Ceunry, Tw M7 C mmisaion �Ires 6-36')d a
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