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HomeMy WebLinkAboutLight Pole Easement No. 69 and No. 70 - 306 S Friendswood Dr NOTICE F CONFIDENTIALITY RIGHTS: IF YOU ' A NA PERSON, YOU Y ' MOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN ' TION FROM ANY INSTRUMENT THAT T ' NSFERS AN INTE' ST IN ' AL TY BEFO ' IT IS FILE ' CO ' 1 IN THE PUBLIC ' CO ':'_1 : YOUR CIAL SECURITY NUMBER YOUR IV 'S LICENSE NUMBER. LIGHT POLE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Galveston § THAT Laurel Park Friendswood II, a LTD. located in Galveston County, Texas ("GRANTOR"), owner of the below-described property, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid in hand by GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed by GRANTOR, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto the CITY OF FRIENDSWOOD, a home rule municipal corporation of the State of Texas("GRANTEE"), a perpetual utility easement in,under, over, along,upon, and across that certain tract of land,being more particularly described in Exhibit "A," attached hereto and incorporated herein for all intents and purposes (the "Easement"). TO HAVE AND TO HOLD the above-described Easement, together with all and singular the rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress to and from the Easement for the purposes of constructing, inspecting, reconstructing, repairing, relocating, altering, maintaining, and removing light poles and related facilities, lines, and appurtenances, unto the said GRANTEE, its successors and assigns forever. GRANTOR binds itself as well as its successors and assigns,to warrant and forever defend all and singular the Easement unto GRANTEE and GRANTEE'S successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Light Pole Easement,Page 1 IN WITNESS WHEREOF, this instrument is executed this 1 day of \11 Au k, , 2024. GRANTOR: Laurel Park Friendswood II, Ltd. By: Banfield Properties, Inc., its General Partner Ignature) Brett E. Banfield (Printed Name) President (Title) THE STATE OF TEXAS § § COUNTY OF Galveston § BEFORE ME,( .0,0`t , the undersigned authority, on this day personally appeared —jy ; o� , the de,�" of Banfield Properties, Inc., the owner of the above-referenced property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this JIT6day of 11 AI , 2024. Notary Public Ina d For the State of Texas I my Heavy��� My Commission Expires: 0��®��2� 7,20243 Light Pole Easement,Page 2 ACCEPTED BY: CITY OF FRIENDSWOOD, TEXAS A ' ity anager STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, 'ti % ' the undersigned notary public, on this day personally appeared MORAD KABIRI, the City Manager of the CITY OF FRIENDSWOOD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of 2024. Notary Public in and for the State of 04.wx•G21 HEATHER VAN DINE Texas mil. Notary ID #12569020-6 My Commission Expires k �',t May 12, 2026 My commission expires 1 GRANTOR'S ADDRESSES: Laurel Park Friendswood 11, Ltd. 161 W Shadowbend Ave, Ste 100 Friendswood, TX 77546 RETURN TO GRANTEE: City of Friendswood Attn: City Secretary 910 S. Friendswood Dr. Friendswood, TX 77546 H:\Legal\Easements\Light Pole Easement\Light Pole Easement-Entity.docx Light Pole Easement, Page 3 Exhibit "A" Exhibit "A-1" Pole Location No. 69 Metes and Bound Description Exhibit "A-2" Pole Location No. 70 Metes and Bound Description Land Survey Pole Locations 69 and 70 Exhibit A-1 TIN boundary tine professional surveyors METES AND BOUNDS DESCRIPTION POLE LOCATION NO. 69 25 SQUARE FEET (SQ. FT.) SARAH MCKISSICK LEAGUE, A-151 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 25 sq. ft. of land situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Texas; being out of and a part of Reserve "A", Block 1, FRIENDSWOOD COMPLEX, a subdivision plat of record under Galveston County Clerk's File (G.C.C.F.) No. 2016031723; being out of a called 1.67 acre tract of land conveyed to Laurel Park Friendswood II, Ltd. as described by deed recorded under G.C.C.F. No. 2021055668; said 25 sq. ft. tract of land being more particularly described as follows (bearings are grid and oriented to the Texas State Plane Coordinate System of 1983, South Central Zone 4204, US Survey Feet, NAD83(NA2011). Combined Scale Factor (C.S.F.) is 1/1.00013=0.999870.): COMMENCING at a 5/8-inch iron rod with cap stamped "C.L. DAVIS-RPLS 4464" found on the southeasterly right-of-way (R.O.W.) line of West Shadowbend Avenue (R.O.W. Varies) and marking the most northerly corner of Lot 2, Block 1, BANFIELD OFFICE PARK, a subdivision plat of record at Plat Record 2007A, Map No. 19, Galveston County Map Records (G.C.M.R.); said 5/8-inch iron rod having Texas State Plane Grid Coordinates of X=3,175,507.92 and Y=13,759,963.09; THENCE, North 48°14'41" West, along said southeasterly R.O.W. line, a distance of 5.00 feet to the most westerly corner of Lot 1, HARVEY & STOUT SUBDIVISION, a subdivision plat of record in Volume 315, Page 79, Galveston County Deed Records (G.C.D.R.); THENCE, North 41°45'19" East, continuing along said southeasterly R.O.W. line, a distance of 290.60 feet to the intersection of said southeasterly R.O.W. line with the southwesterly right-of-way (R.O.W.) line of South Friendswood Drive (F.M. 518-80 feet wide) as per 2020 Texas Department of Transportation survey; THECE, South 48°11'49" East, along said southwesterly R.O.W. line, at 130.00 feet passing the common line of a called 0.868 acre tract of land conveyed to McDonald's Corporation as described by deed recorded under G.C.C.F. No. 8738395 and said Reserve "A", continuing in all for a total distance of 214.72 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most northerly corner and POINT OF BEGINNING of the herein described tract; THECE, South 48°11'49" East, continuing along said southwesterly R.O.W. line, a distance of 5.00 feet to the most easterly corner of the herein described tract; 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 boundary ono professional surveyors METES AND BOUNDS DESCRIPTION POLE LOCATION NO. 69 (25 SQ. FT.) PAGE 2 OF 2 THENCE, South 41°48'11" West, departing said southwesterly R.O.W. line and over and across said Reserve "A", a distance of 5.00 feet to the most southerly corner of the herein described tract; THENCE, North 48°11'49" West, continuing over and across said Reserve "A", a distance of 5.00 feet to the most westerly corner of the herein described tract; THENCE, North 41°48'11" East, continuing over and across said Reserve "A", a distance of 5.00 feet to the POINT OF BEGINNING and containing 25 square feet of land. This description is based upon a Standard Land Survey of Pole Locations 69 and 70 prepared by Boundary One, LLC. Project Number 6767-2309-657A. Compiled by: Christian Offenburger, R.P.L.S. Boundary One, L.L.C. T.B.P.E.L.S Firm No. 10084800 150 W. Shadowbend, Suite 304 Friendswood, TX 77546 (281) 648-3131 www.boundaryone.cam February 10, 2024 Mb Pole 69.docx 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 Exhibit A-2 TIN boundary tine professional surveyors METES AND BOUNDS DESCRIPTION POLE LOCATION NO. 70 25 SQUARE FEET (SQ. FT.) SARAH MCKISSICK LEAGUE, A-151 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 25 sq. ft. of land situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Texas; being out of and a part of Reserve "A", Block 1, FRIENDSWOOD COMPLEX, a subdivision plat of record under Galveston County Clerk's File (G.C.C.F.) No. 2016031723; being out of a called 1.67 acre tract of land conveyed to Laurel Park Friendswood II, Ltd. as described by deed recorded under G.C.C.F. No. 2021055668; said 25 sq. ft. tract of land being more particularly described as follows (bearings are grid and oriented to the Texas State Plane Coordinate System of 1983, South Central Zone 4204, US Survey Feet, NAD83(NA2011). Combined Scale Factor (C.S.F.) is 1/1.00013=0.999870.): COMMENCING at a 5/8-inch iron rod with cap stamped "C.L. DAVIS-RPLS 4464" found on the southeasterly right-of-way (R.O.W.) line of West Shadowbend Avenue (R.O.W. Varies) and marking the most northerly corner of Lot 2, Block 1, BANFIELD OFFICE PARK, a subdivision plat of record at Plat Record 2007A, Map No. 19, Galveston County Map Records (G.C.M.R.); said 5/8-inch iron rod having Texas State Plane Grid Coordinates of X=3,175,507.92 and Y=13,759,963.09; THENCE, North 48°14'41" West, along said southeasterly R.O.W. line, a distance of 5.00 feet to the most westerly corner of Lot 1, HARVEY & STOUT SUBDIVISION, a subdivision plat of record in Volume 315, Page 79, Galveston County Deed Records (G.C.D.R.); THENCE, North 41°45'19" East, continuing along said southeasterly R.O.W. line, a distance of 290.60 feet to the intersection of said southeasterly R.O.W. line with the southwesterly right-of-way (R.O.W.) line of South Friendswood Drive (F.M. 518-80 feet wide) as per 2020 Texas Department of Transportation survey; THECE, South 48°11'49" East, along said southwesterly R.O.W. line, at 130.00 feet passing the common line of a called 0.868 acre tract of land conveyed to McDonald's Corporation as described by deed recorded under G.C.C.F. No. 8738395 and said Reserve "A", continuing in all for a total distance of 370.77 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most northerly corner and POINT OF BEGINNING of the herein described tract; THECE, South 48°11'49" East, continuing along said southwesterly R.O.W. line, a distance of 5.00 feet to the most easterly corner of the herein described tract; 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 boundary ono professional surveyors METES AND BOUNDS DESCRIPTION POLE LOCATION NO. 70 (25 SQ. FT.) PAGE 2 OF 2 THENCE, South 41°48'11" West, departing said southwesterly R.O.W. line and over and across said Reserve "A", a distance of 5.00 feet to the most southerly corner of the herein described tract; THENCE, North 48°11'49" West, continuing over and across said Reserve "A", a distance of 5.00 feet to the most westerly corner of the herein described tract; THENCE, North 41°48'11" East, continuing over and across said Reserve "A", a distance of 5.00 feet to the POINT OF BEGINNING and containing 25 square feet of land. This description is based upon a Standard Land Survey of Pole Locations 69 and 70 prepared by Boundary One, LLC. Project Number 6767-2309-657A. Compiled by: Christian Offenburger, R.P.L.S. Boundary One, L.L.C. T.B.P.E.L.S Firm No. 10084800 150 W. Shadowbend, Suite 304 Friendswood, TX 77546 (281) 648-3131 www.boundaryone.cam February 10, 2024 Mb Pole 70.docx 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 (0' 50' 100' 150' \ SCALE: 1" = 50' F.M. 518 13) POLE LOCATION"69 (80' R.O.W.) P.O.B.00ATION 70 (25 SQ. FT.1 (S. FRIENDSWOOD DRIVE) �25 SQ. FT.) 71-16 S48'14'41"E "SET SET 7 MONUMENTED R.O.W. LINE L10 z PER DEED \L2 N S 48 1'149" E L1 L4J S48'11'49"E 151.05' L8 130.00' o R.O.W. LINE PER ow% TXDOT 2020 SURVEY CC o ,' • '4 N , 6� PROPERTY ADDRESS: 'O . w CALLED 0.868 ACRE �� ry6� 306 S. FRIENDSWOOD DR. ^M MILTON K. HUDSON, ET UX 5 O. a, TO ie CALLED 1.67 ACRES c.�0 Z MCDONALD'S CORPORATION Q F' O FRIENDSWOOD COMPLEX, LLC J a.. 0• in G.C.C.F. NO. 8738395 GG TO 0] Q CI z IX V CrLAUREL PARK FRIENDSWOOD II, LTD. `e z G.C.C.F. NO. 2021055668 ~o V • i p cr WN 48'14'41" W W Q 5.00 0_ i_ Q 0_ Z .O.C. W FND 5/8" IR W/CAP "C.L. DAVIS-RPLS 4464"(CM) N:13,759,963.09 Qo E:3,175,507.92 Q cai �• LINE TABLE w ��' LINE BEARING DISTANCE L1 S48'11'49"E 84.72' (n 3 Qli: L2 S48'11'49'E 5.00' o +0 L3 S41'48'11"W 5.00' F� 0asecto, 042 L4 N48'11'49'W 5.00' 3• loot._• L5 N41'48'11'E 5.00' L6 S48'11'49"E 5.00' L7 S41'48'11"W 5.00' OcIP L8 N48'11'49"W 5.00' L9 N41'48'11'E 5.00' O.. L10 S4811'49"E 4.23' A STANDARD LAND SURVEY OF LIGHT POLE LOCATION NO(S). 69 AND 70 OUT OF RESERVE "A; FRIENDSWOOD COMPLEX G.C.C.F. NO. 20160.51723 ABBREVIATIONS: SARAN MCKISSICK LEAGUE, A-151 (CM) CONTROL MONUMENT CITY OF FRIENDSWOOD FND FOUND GALVESTON COUNTY, TEXAS G.C.C.F. GALVESTON COUNTY CLERK'S FILE SURVEYED FOR: G.C.M.R. GALVESTON COUNTY boundary (410 HEATHER VAN DINE, TRMC MAP RECORDS CITY OF FRIENDSWOOD P.O.B. POINT OF BEGINNING professional surveyors 15355 BLACKHAWK BLVD. T.B.P.E.L.S.Firm No.10084800 FRIENDSWOOD, TX 77546 P.O.C. POINT OF COMMENCING 150 W.Shadowbend Ave.Suite 300 Friendswood,TX 77546 R.O.W. RIGHT-OF-WAY Office(281)6483131Iwww.boundaryone.com (281) 993-3411 TXDOT TEXAS DEPARTMENT OF DRAWN BY: AM K2 DATE: 02-03-2024 PROJECT NO: 6767-2309 TRANSPORTATION "SET" SET 5/8" IR W/CAP APPROVED BY: CVO SCALE: 1" = 50' SHEET 1 OF 2 J NOTES: 1 .)This survey was performed without benefit of a title commitment. Easements and restrictions may exist which are not shown hereon; no additional research regarding the existence of easements or restrictions of record has been performed by Boundary One, L.L.C. 2.)Bearings and coordinates shown hereon are grid and oriented to the Texas State Plane Coordinate System of 1983, South Central Zone 4204, NAD83(NA2011). Combined Scale Factor (C.S.F.) is 1/1 .00013=0.999870. 3.)Field surveys were completed in December, 2023. 4.)There exists a second part to this survey, being a Metes and Bounds description for each of the pole locations as shown hereon. To: City of Friendswood; I hereby certify that this plat correctly represents a survey made on the ground under my supervision on January 12, 2024 and that said survey substantially complies with the current Texas Society of Professional Surveyors Standards for Land Surveys for a Category 1B, Condition II Standard Land Survey. OF G‘�RFo-F9 JI / CHRISTIAN OFFENBURGER Christian Offenburger :°,p�5489�P� Registered Professional ti0•!cfSS O yn Land Surveyor SUR"J Texas Registration No. 5489 0' 50' 100' 150' SCALE: 1" = 50' A STANDARD LAND SURVEY OF LIGHT POLE LOCATION NO(S). 69 AND 70 OUT OF RESERVE "A; FRIENDSWOOD COMPLEX G.C.C.F. NO. 2016031723 SARAH MCKISSICK LEAGUE, A-151 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS SURVEYED FOR: boundary 6 HEATHER VAN DINE, TRMC CITY OF FRIENDSWOOD professional surveyors 15355 BLACKHAWK BLVD. T.B.P.E.L.S.Firm No.10084800 FRIENDSWOOD, TX 77546 150 W.Shadowbend Ave.Suite 300 Friendswood,TX 77540 (281) 993-3411 Office(281)648-3131 I www.boundaryone.com DRAWN BY: AMK2 DATE: 02-03-2024 PROJECT NO: 6767-2309 APPROVED BY: CVO SCALE: 1" = 50' SHEET 2 OF 2 J FILED AND RECORDED Instrument Number: 2024033817 Recording Fee: 61.00 Number Of Pages: 11 Filing and Recording Date: 07/29/2024 1:23PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. a FsNb„,,,,,,..\\\\ .,. ,,te‘.L.„,. ,.:6, ,,,..:i,, ‘•*...m,‘,\,•it ''k lee y\ � ,° Dwight� aSullivan, County Clerk;. .. tk r; Y Galveston C:ounty, Texas NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY - Warning, this document is part of the Official Public Record.