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Home My WebLink AboutNon-Exclusive Access Easement - Pear One Corp - 5310 Whittier Oaks P 720643 ' WhrTTIER OAKS SJ -59-33a 4' / � NON-EXCLUSIVE ACCESS EASEMENT • 1/ 92/25/94 00961573 P724)643 S 18 A10 THE STATE OF TEXAS § • § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the undersigned, PEAR ONE CORPORATION, hereinafter called "Grantor, " for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, to it / in hand paid by the City of Friendswood, a municipal corporation of - the Counties of Galveston and Harris, State of Texas, hereinafter called "Grantee, " the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns, and legal representatives, a non-exclusive access easement and right-of-way for the purpose of ingress and egress to and from that certain lift station site containing 0. 0379 acres (which is this date being conveyed to Grantee by Grantor by separate Special Warranty Deed) over and across that certain 0. 1115 acres of land, more or less, situated in Harris County, Texas, and said non-exclusive access easement being more particularly described on Exhibit A attached hereto and for all purposes made a part hereof. TO HAVE AND TO HOLD said right-of-way easement unto said Grantee, its successors and assigns, for so long thereafter as the lift station is maintained on the 0. 0379 acre tract, subject, however, to termination, extinguishment, and reversion in the event: Grantee, or its assigns, fails to use said non-exclusive access easement for a period of twelve (12) consecutive months and 209-59--0325 such failure is not the result of force majeure or by order or direction of any duly constituted public authority having • jurisdiction of the subject matter. The Grantee may do and perform all acts necessary to construct, reconstruct, repair, or maintain the non-exclusive access easement and right-of-way and operate thereon all necessary machinery and equipment to efficiently prosecute the work, provided it does not interrupt or interfere with Grantor's use or access as provided hereunder. It is specifically understood and agreed that Grantor for itself, its successors, assigns, tenants, subtenants, agents, and licensees, reserves the right now and in the future to use such 0. 1115 acre tract for ingress and egress to the property it owns and to cross said easement with any roadways, extensions, utilities, or such other uses appropriate for development of the property owned by it for the highest and best use in the sole judgment of the Grantor, provided that such use does not unreasonably interfere with Grantee's use of the non-exclusive access easement (it being understood that the location of utilities within the easement shall not be deemed an unreasonable interference of Grantee's use) . Grantor expressly reserves and retains unto itself, its successors, assigns, tenants, subtenants, agents, and licensees, the right to construct fences, electric light and power lines, water lines, gas lines, telephone and other utility lines, and HGHOUI:MARTING/95758 (2) 209-59-'326 roads and passageways over, across, within, and along said easement and right-of-way and otherwise to use and enjoy all of said • premises, provided, however, Grantor shall not exercise such use and enjoyment in a manner that will interfere with the rights herein granted. Grantee does hereby covenant and agree to indemnity and hold Grantor free and harmless against any and all loss, damage, claims, demands, suits, payments, costs, and expenses, including court costs and attorneys' fees which Grantor may suffer, incur or pay or to which it may be made liable including, but not limited to, any injury or damage to property, real, personal or mixed, or for personal injuries, casualties, accidents or death resulting to (i) any employees, agents, invitees, representatives, or contractors of Grantee, including those of any contractor or subcontractor of Grantee by reason of, arising out of, incident to, or in any way connected, directly or indirectly, with the performance or exercise or failure to perform or exercise any rights contemplated or operations hereunder or the existence of said drainage easement even if resulting from the concurrent or joint negligence of Grantor, thereby excluding from this indemnity only any injury or damage resulting solely from the negligence or willful acts of Grantor which is the sole proximate cause thereof, and (ii) to any other persons or property by reason of, arising out of, incident to or in any way connected directly or indirectly, with the performance or exercise or failure to perform or exercise HGHOUI:MARTING/95758 (3) • 2OC_59--0327• . • any rights contemplated or operations hereunder to the extent of any negligence of Grantee, its employees, agents, invitees, • representatives, or contractors of Grantee, including those of any contractor or subcontractor of Grantee. All of the rights reserved for the Grantor hereunder shall run with the land and apply to and inure to the benefit of the successors and assigns of the Grantor. IN WITNESS WHEREOF, this instrument is executed this 140 day of December, 1993 . PEAR ONE CORPORATION ^; G: By: Name: (1311-11b.:p4 I�IA6�t Title: J oc -e_ pgeslDekT Grantee: City of Friendswood 109 Willowick Friendswood, Texas 77546 HGHOUI:MARTING/95758 (4) 20n-59-'328. THE STATE OF NEW YORK § . § COUNTY OF NEW YORK § This instrument w4..p acknpwledged� before one_ o this I o day of December, 1993 , by Joi-N WAGNE -- , \ACC USid.e,• of d' PEAR ONE CORPORNLfON, on behalf of said corporation. Sr 4 i ' '' 41—K-- A-4-116 My Com rs4on Expires: ► . ary Public in and for the I1 4S STATEOFNEWYO JEANNIE ROMA D'AMATO Notary Public,State of New York No.52-01 R05019866 Qualified in Suffolk County i Commission Expires iti;r:. 1,i 9> HGHOUI:MARTING/95758 (5 CITY OF FRIENDSWOOD Attn:City Secretary 109 Wiliowick Friendswood,Texas 77546-3898 fln 'p,0-59_0329 EXHIBIT A ACCESS EASEMENT TO SANITARY LIFT STATION METES AND BOUNDS DESCRIPTION 0 . 1115 ACRES OUT OF RESERVE ' A' , SECTION 8 WEDGEWOOD VILLAGE FRIENDSWOOD, HARRIS COUNTY, TEXAS All that certain 0 . 1115 acres being an access easement to a sanitary lift station out of Reserve ' A' , Section 8 , Wedgewood Village an unrecorded subdivision out of Sarah McKissick Survey, Abstract 549 , Friendswood , Harris County, Texas , and being more particulaly described by metes and bounds as follows ; Commencing at a found 3/4" iron rod marking the most south easterly corner of Lot 10 of said Wedgewood Village and being on the northerly right-of-way line of Whittier Oaks Drive (60 ' wide ) ; Thence S 58° 40 '40" W - 13 .89 ' with the said northerly right-of-way line of Whittier Oaks to a point marking the point of curvature of a curve to the left having a central angle of 08° 01 ' 00" , a radius of 440 . 10 ' , Thence with said curve and the northerly right-of-way line of said Whittier Oaks passing at an arc length of 56 . 11 ' , having a chord bearing of S 55° 01 '31" W - 56 .07 ' , to a point marking the southwesterly corner of said Lot 10 and continuing for a total arc length of 61 .58 ' and having a chord bearing of S 54° 40 ' 10" E - 61 .53 ' to the POINT OF BEGINNING of herein described tract being a point on a curve to the left having a central angle of 02° 56 '00" , a radius of 440 . 10 ' ; Thence with said curve and continuing with the northerly right-of-way line of Whittier Oaks an arc length of 22 .53 and having a chord bearing of S 49° 11 ' 40" W - 22 .53 ' to a point for corner ; Thence N 43° 42 '05" W - 102 .54 ' to a point for angle point ; Thence N 30° 02 ' 23" W - 62 .80 ' to a point for corner ; Thence S 55° 10 ' 37" W - 7 .98 ' to a point for corner ; Thence N 43° 42 ' 05" W - 27 .61 to a point for corner ; Thence N 29° 52 '36" E - 34.54' to a set 5/8" iron rod for corner on the northerly line of said Reserve ' A' ; Thence S 29° 03 ' 15" E - 16 .58 ' to a wood fence post for corner ; Thence S 37° 47 ' 53" E - 18 . 19 ' to a wood fence post for corner ; ° Thence N 43 09 ' 32" E - 9 .45 ' to a set 5/78" iron rod marking the most north westerly corner of said Lot 10 ; ZU0_59-0330 EXHIBIT A Thence S 26° 44 ' 21" E — 71 .84 ' to a point for angle point ; Thence S 43° 42 ' 05 " E — 100 .98 ' to the POINT OF BEGINNING and containing 0 . 1251 acres (5 , 449 square feet ) of land more or less . Compiled by: OF C . L. Davis & Company � GTSTq•o-f�� Land Surveying Job No . 11-287 Nov. 8, 19 9 3 C. L. DAVIS .(*:-0 4464 • / O SUR\E-(� FILED FOR RECORD 8:00 AM FEB 2 5 1994 ANY r wOYi>KM*Nun ink Sal RENTAL.OR USE OF THE DESCRRIEO REAL V (I U h PROPERTY BECAUSE OF COIM OR RACE IS!WALED ARO URERFORCEAaLE UNDER FEOER+L UW THE STATE OF TEXAS . County Y Clerk,Harris County,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 Real Property of Harris County,Texas on FEB 2 51994 •�YAR / O ' ,tom` • COUNTY CLERK o HARRIS COUNTY,TEXAS CITY OF RECORDER'S MEMORANDUM A � City FRIENDSWOOD AT THE-TIMEENTOFWAS TO BE INS Secretary AT BET WAS FOUND RECORDATION, BE INADEQC l FOR THE BEST PHOTOGRAPHIC REPRODUUCTIM. BECAUSE OF ILLEGIBILITY CARB,pN OR ' ICI( PHOTO COPY,DISCO:OREi'D PAPER,FTC Friendswood, Texas 77546-3898 to SENDER: Z 771 151 858 H • Complete items 1 and/or 2 for additional services. I also wish to receive the m • Complete items 3,and 4a&b. • following services (for an extra Receipt for Print your name and address on the reverse of this form so that we can fee) 'If TY C. rtified Mail tD return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address No Insurance Coverage Provided ` loes not permit. w.,c- Do not use for International Mail , • Write"Return Receipt Requested"on the mailpiece below the article number. 2. CI Restricted Delivery RVIO POSTAL (See Reverse) +" • The Return Receipt will show to whom the article was delivered and the date Sent to MO11V Pr Or c delivered. Consult postmaster for fee. County Clerk of Harris o •:`3. Article Addressed to: 4a. Article Number arcs County Courthol..se mMOLLY PRYOR Z 771-151-858 P.O., Box E County Clerk of Harris 4b. Service Type P.O.,State and ZIP Code c CI Registered ❑ Insured Houston, Tx. 77251-1525 () Harris County Courthouse Postage N P.O. Box 1525 ® Certified ❑ COD l , , w CI Express Mail ❑ Return Receipt for Certified Fee tel Houston, Texas 77251-1525 Merchandise Jc/a 7. Date of Delivery Special Delivery Fee Q + Mi d a C cr 8. Addresse 5. Signature (Addressee) s ( t requester Restricted Delivery Fee D and fee is paid) M W Obi Return Receipt Showing cc'6. Signature (Agent) e 1 L to Whom&Date Delivered 1 , Q i Return Receipt Showing to Whom, 0 el cti Date,and Addressee's Address I H PS Form 3811, December 1991 *U.S. e u.s.GPO:ls--as2-214 DOMESTIC RETURN RECEIP1 TOTAL Postage / Q &Fees 3 . - --- - 03 Postmark or Date CO E t° 2/22/94 r • . CITY OF FR I ENLISWOOD PWB 71 34_21 083 P. 02 ti December 3 , 1993 MEIJORANDUM .OF TERMS .AN CON I IONS Re: Property located at Winding Way and F.M. 528, Galveston County, Texas ("Winding Way Property") , and property located at 5310 Whittier Oaks (Reserve A of WedgeWood Village, Section 8 , Harris County, Texas) ("Whittier Oaks Property") This memorandum will set forth certain general understandings and agreements with respect to the above properties based on discussions between the City of Friendswood and the Owner of the properties. 1. Winding Way Property: a. In connection with the storm drainage currently crossing this property, the Owner is willing to grant the necessary easement for this area of 1193 square feet pursuant to the enclosed Drainage Easement, which is acceptable to the city, subject to certain revisions with respect to the indemnity provisions. b. The Owner has decided to forego the payment for any sewer taps at this time. 2 . Whittier Oaks Property: a. With respect to the lift station and the driveway access to it, the City is willing to have conveyed to it fee simple title to the lift station along with the area contained within the fenced in property and will accept a non-exclusive access easement to the Whittier Oaks Drive over and across the paved driveway. The City will have the surveyor prepare, at its expense, separate field note descriptions of each tract with the dividing line between the easement and the tee property being in such a location to permit and allow for sufficient access to the remainder of the Reserve A for the construction of a residence or other improvements thereon. Once the descriptions are furnished, they will be subject to the Owner's approval. b. The initial draft of the deed to the lift station will be prepared by the city, at its expense, and the preparation of the non-exclusive access easement will be prepared by the Owner's attorneys, with the owner' s attorneys' fees for handling this matter for the Owner, including CI' OF FRIENDSWOOD FWD 713 y1083 P. 03 :EC 14 '?3 1" `S :.�, ;T_uE=_i i =F� F.a:`0 Memorandums of Terms and Conditions Page 2 December 14 , 1993 will be paid to the Owner as reimbursement. c. With respect to being able to develop the property, the said property currently qualifies in all respects (e.g. , frontage, size, configuration, etc. ) for a building permit for a single family residential dwelling unit. It is understood, of course, to obtain the actual building permit the other aspects applicable to all lots with respect to the formal application, construction, setbacks, fees, and approval of plans would still need to be complied with at the appropriate time. The City will execute and deliver a separate letter confirming the above understanding. cc: Mr. John Wagner CITY OF FRIENDSWOOD FWD 7134821E+83 P. 01 Ciiy ot ThieRdpAkood COMMUNITY DEVELOPMENT DEPARTMENT .. , PUBLIC WORKS BUILDING a►� ..jr • 1306 Deepwood Phone: (713) 482-4438 xt • FRIENDS WOOD, TEXAS 77546-3898 December 15, 1993 CCEIMII Post-It brand fax transmittal memo 7671 tilIMBIIII" Pear One Corporation Mr. John Wagner Dept. iiiiIIIIIIIIIIIII 126 East 56th Street MNIIIIIIIIIIIIIMIIIIIIMIIIIM New York, New York 10022 PE; Property located at 5310 Whittier Oaks (Reserve A of Wedgewvod Village, Section 8, Harris County, Texas) Dear Mr. Wagner: with respect to being able to develop the property, the said property currently qualifies in all respects (e.g. , frontage, size, configuration, etc.) for a building permit for a single family residential dwelling unit. It is understood, of course, to obtain the actual building permit the other aspects applicable to all lots with respect to the formal application, construction, setbacks, fees, and approval of plans would still need to be ccxnplied with at the appropriate time. Water service for the lot is available and can be obtained fran the main within Whittier Oaks Drive. Sewer service is also available and can be assessed at the manhole near the lift station on the property. This letter may be assigned and transferred to any third party or parties, who accuires title to the above property, and they are entitled to rely on this letter in connection with any such acquisitions since it will run with the property. If you have nay further questions, please call. Very truly yours, dames E. Thompson, P.E. Community Development Director JET/cb cc: D. Hoover, Building Official M. Meinecke, Public Works Director Mayor �.�cr�s�,sn.,,. EVELYN NEWMAN 4,:•1�";•�!'...4 j'Z;r Councilmembers ( :•' ff � � NKITTEN HAJECATE ett O 9 1n d.UTOOMEL P. MEASELES TOM MANISON ED STUART 109 WILLOWICK 7131482.3323 FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY JANIS LOWS �� City Manager 1Bl .y RONALD E. COX y` City Secretary ?� _s"�' DELORIS McKENZIE, T.R.M.C. March 17, 1994 Hutcheson & Grundy, L.L.P. Attorneys At Law Citicorp Center 1200 Smith Steet, Suite 3300 Houston, TX 77002-4579 RE: Your letter of December 28, 1993 Dear Sir: Enclosed please find a copy of the recorded documents for the following: Property located at Winding Way and F.M. 528, Galveston County, Texas ("Winding Way Property") , and property located as 5310 Whittier Oaks (Reserve A of Wedgewood Village, Section 8, Harris County, Texas) ("Whittier Oaks Property") . Thank you. Since ely, 92i-/. 1----i-t._,6 Kath en S. Seng Depu y City Secretary Enclosed: Drainage Easement-009-53-2168 Non-Exclusive Access Easement-200-59-0324 Special Warranty Deed-200-59-0318 CC: Ruth Henry Roger Roecker LETTER/KSSO3 • • HUTCHESON & GRUNDY, L.L.P. ATTORNEYS AT LAW CITICORP CENTER 1200 SMITH STREET, SUITE 3300 HOUSTON, TEXAS 77002-4579 TELEPHONE 713/951-21300 I-Ax 713/951.2925 901 MAIN STREET, SUITE 6200 DALLAS, TEXAS 75202-3714 III CONGRESS AVENUE, SUITE 2700 TELEPHONE 214/761.2800 AUSTIN, TEXAS 78701.4043 FAX 214/761-28O5 DIRECT DIAL: (713) 951-2843 TELEPHONE 512/478.2800 FAX 512/472-3173 December 28 , 1993 BY MESSENGER Mr. James E. Thompson Community Development Director City of Friendswood Public Works Building 1306 Deepwood Friendswood, Texas 77546-3898 Re: Property located at Winding Way and F.M. 528 , Galveston County, Texas ("Winding Way Property") , and property located at 5310 Whittier Oaks (Reserve A of Wedgewood Village, Section 8 , Harris County, Texas) ("Whittier Oaks Property") Dear Jimmy: Enclosed are the following original documents in connection with the above matter: 1 . Drainage Easement from NY 3 Limited Partnership to the City of Friendswood; 2 . Special Warranty Deed from Pear One Corp. to the City of Friendswood; 3 . Non-Exclusive Access Easement from Pear One Corp. to the City of Friendswood; and 4 . Memorandum of Terms and Conditions among Pear One Corp. , NY 3 Limited Partnership, and the City of Friendswood. I understand that you are having delivered to me the City's check for our legal fees. After the documents listed in nos. 1, 2 , and 3 have been recorded, please forward a copy of the recorded document to us to complete our files. • Mr. James E. Thompson Page 2 December 28 , 1993 By copy of this letter to John Wagner, I am sending to him the building permit letter from the City and the signed counterpart of the Memorandum of Terms and Conditions signed by the City of Friendswood. V ry truly yours, Greg . Martin GNM:Uk Enclosures cc: Mr. John Wagner HGHOU I:MA RTINO/97766 SENUtli: Z 771 151 858 y • Complete items 1 and/or 2 for additional services. I also wish to receive the y • Complete items 3,and 4a&b. following services (for an extrE Receipt for • Print your name and address on the reverse of this form so that we can fee): 'ailk C, rtified Mail • return this card to you. ` • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address • No Insurance Coverage Provided floes not permit. Inam•WWI,SIAM Do not use for International Mail L • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery r•`II'"•' (See Reverse) •'" • The Return Receipt will show to whom the article was delivered and the date Sent to Mplly Pr' or c delivered. Consult postmaster for fee. _ County Clerk of Harris ! 7, '3. Article Addressed to: 4a. Article Number rs Count CourthoL se I • MOLLY PRYOR Z 771-151-858 P_a_ Box 15 E County Clerk of Harris 4b. Service Type PO..State and ZIP Code ° Harris CountyCourthouse ❑ Registered CI Insured Houston, Tx. 77251-1525 ® Certified ❑ coo Postage y P.O. Box 1525 l / -2 / ❑ Express Mail ❑ Return Receipt for Certified Fee ow Houston, Texas 7 7 2 51-15 2 5 Merchandise C/° Q 7. Date of Delivery iSDecial Delivery Fee a+, �M/� cc5. Signature (Addressee) 8. Addresse d2s ( I request€ Restricted Delivery Fee n and fee is paid) M I— cr) Return Receipt Showing � =16. Signature (Agent) "' _ to Whom&Date Delivered i , O ) I 7 j e Return Receipt Showing to Whom, ° el 03 Date.and Addressee's Address I H PS Form 3811, December 1991 Iau.S.GPO:1eg3-352.714 DOMESTIC RETURN RECEIP TOTAL Postage / Q &fees coPostmark or Date co E ��qu_ 2/22/94 Y�' r CITY OF FRIENDSWOOD C17_, 6) , TO: LST03 CITYHALL Linda S. Thornton FROM: LJB04 CITYHALL Lynn J. Bucher DATE: DECEMBER 30, 1993 SUBJECT: Recording Easements and Deed j` I am forwarding the original documents for purchase of easements on Winding Way and Whittier Oaks and warranty deed on Whittier Oaks. I have also included a letter from the attorney who handled the transfer for the property owner. I handled the transfer of payment and documents for Jimmy yesterday since he was ill. The attorney has requested a copy of the recorded documents. Please forwar a copy of the three documents to us as well as the attorney after recording Thanks. r Mayor EVELYN NEWMAN . Councilmembers eCty of 9'LLEI2C1d.WOOCI KITTEN HAJECATEMEL P. MEASELES TOM MANISON 109 WILLOWICK 7131482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 HAROLD RALEYJANIS LOWE City Manager • lit H RONALD E. COX ;� , .' f City Secretary '_.?z- DELORIS McKENZIE, T.R.M.C. March 17, 1994 Hutcheson & Grundy, L.L.P. Attorneys At Law Citicorp Center 1200 Smith Steet, Suite 3300 Houston, TX 77002-4579 RE: Your letter of December 28, 1993 Dear Sir: Enclosed please find a copy of the recorded documents for the following: Property located at Winding Way and F.M. 528, Galveston County, Texas ("Winding Way Property") , and property located as 5310 Whittier Oaks (Reserve A of Wedgewood Village, Section 8, Harris County, Texas) ("Whittier Oaks Property") . Thank you. Since ely, cp4/V1---k7f Kath en S. Seng Depu y City Secretary Enclosed: Drainage Easement-009-53-2168 Non-Exclusive Access Easement-200-59-0324 Special Warranty Deed-200-59-0318 CC: Ruth Henry Roger Roecker LETTER/KSSO3 "l ' Mayor s?�. EVELYN NEWMAN 44. .001��'� .^jlt„ Councilmembers • .4: ": £?Lty c N KITTEN HAJECATE '`"F' ' O 9'Z LEYL UTOO MEL P.TOM MANISC�iv ( "wiii�� + ` �:..: ED STUART • :�` ., 109 WILLOWICK 713/482-3323 HAROLD RALEY 4 FRIENDSWOOD, TEXAS 77546-3898 JANIS LOWE City Manager • 18l J RONALD E. COX I7F )%` City Secretary .-,:'Y -•>r-s-� � DELORIS McKENZIE, T.R.M.C. February 21, 1994 Molly Pryor County Clerk of Harris Harris County Courthouse P.O. Box 1525 Houston, Texas 77251-1525 Dear Ms. Pryor, Please find attached for recording the following document from the City of Friendswood and our fee payment: NON-EXCLUSIVE ACCRSS EASEMENT & SPECIAL WARRANTY DEED: Whittier Oaks Property 5310 Whitter Oaks Reserve A, Wedgewood Village Section 8 Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: -12 - 1st.93/anita.doc C. ,— 2 • '7/-/s7— s 4