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Home My WebLink AboutPotable Water Easement - Heritage Erectors Development (Barras Business Park) - W PARKWOOD AVE Ilf II I III II f I IIII II I�II I III III!II ��8��554 4 PGS ENTITY AS GRANTOR POTABLE WATER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT Heritage Erectors Development, Inc. ("Grantor"), for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City of Friendswood, Texas, a home rule municipal corporation of the State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns and legal representatives, a perpetual easement for the purpose of constructing, reconstru:,�i��, a��.;��:�g, and maintaining underground potable water facilities in,under,along,upon, and across that certain 0.0555 acre tract of land,more or less, Easement, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof. Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or maintain underground potable water facilities within said Easement and to operate thereon all necessary machinery and equipment to efficiently prosecute the work. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement property for any and all purposes which do not interfere with or prevent the use by Grantee of the Easement for the purposes stated herein. In instances in which the Grantee is performing work necessary to construct, reconstruct, repair, relocate or maintain the underground water facility, the Grantor, or his/her assigns, shall be responsible at their sole cost for restoring any surface improvements existing at that time of such work by Grantee to their original condition, up to and including, but not limited to, any concrete parking lots, sidewalks, landscape areas or pavement that were disturbed during such work. . This conveyance is expressly made subject to any and all restrictions, mineral and/or royalty reservations, covenants, and easements appearing of record relative to the Easement, but only to the extent that the same are still in force and effect and enfarceable against the same. The Easement, along with all rights and privileges relating thereto, shall terminate when the Easement, as described above, is abandoned or vacated by adoption of an Ordinance abandoning or vacating such by Grantee. TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor binds itself, its successors and assigns, to warrant and forever defend all and singular the said easement unto Grantee and Grantee's successors and assigns against every person whomsoever 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 IN WITNESS WHEREOF, this instrument is executed this � �� day of ��'c� ✓�n b E'.� , 2007. GRANTOR , �.��. G�P�`�J(S �i�1=��g��,ac,�,� i NC� 2 By: � ame h`�rp,�Si pc�f � (Title� ACCEPTED BY GRANTEE: �,--� ,.. � ; � , '�M '.; {� .. ,,,.�,.,.�„�� M�Mb��tiR �a . H. Smith, Mayor ,y��.��w ADDRESS OF GRANTEE: AT T: £� r ! City of Friendswood, Texas D loris �cKen ie, 910 South Friendswood Drive City Secretary C p'� �R�x�il� Friendswood, Texas 77546 � r p N p � * * ACKNOWLEDGMENT �►,�� +?9� THE STATE OF TEXAS § § COUNTY OF GALVESTON § __BEFORE ME the undersigned Notary Public, on this day personally appeared ,� E �°� � �'-�S , known to me to be the person whose name is subscribed to the foregoing in rument, and acknowledged to me that�, [he or she] executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said [corporation,partnership, etc]. GIVEN under my hand and seal of office, this �� day of ��✓nl��°-t+� , 2007. � ` �� Notary Public In and For the State of Texas � My Commission Expires: � ��—�D 3 � iznoizoo� � 0.0555 ACRES _ � GALVESTON COUNTY,TEXAS 10'POTABLE WATER EASEMENT EXHIBIT "A" 10' WIDE POTABLE WATER EASEMENT Of 0.0555 acres of land being out of a called 2.974 acre tract of land being all of Lot 1, Block 1, Laurence Cline Subdivision, as recorded in Plat Record 2004 A , Map No. 174, Galveston County Map Records. Said called 2.974 acres being all of that certain tract of land conveyed by deed dated June 14, 2007 from the City of Friendswood to Heritage Erectors Development, Inc, recorded in Galveston County Clerk's File No. 2007038914. Said 0.0555 acres being more particularly described by metes and bounds as follows: (Bearings are based on Galveston County Clerk's File No. 2007038914); COMMENCING at a 5/8 inch iron rod with cap stamped CL found in the Southerly right-of-way line of Whitaker Drive (based upon a variable width R.O.W.) at its intersection with the easterly right-of-way line of F.M. 528 (based upon a 180' wide R.O.W.), said point being the northwesterly corner of said called 2.974 acre tract; THENCE South 48°43' 01" East, along the southerly right-of-way line of said Vl�hitaker Drive for a distance of 150.33 feet to 5/8 inch iron rod with cap stamped CL found for angle point; THENCE South 44° 54' 10" East, continuing along the southerly right-of-way line of said Whitaker Drive for a distance of 124.36 feet to the PLACE OF BEGINNING of the herein described easement; THENCE South 44° 34' 52"West for a distance of 241.63 feet to a point for corner; THENCE South 45°25' 08" East for a distance of 10.00 feet to a point for corner; THENCE North 44° 34' 52" East for a distance of 242.21 feet to a point for corner in the southerly line of said Whitaker Drive; THENCE North 44° 54' 10"West, along the southerly right-of-way line of said Whitaker Drive for a distance of 10.02 feet to the PLACE OF BEGINNING of the herein described easement and containing within these calls 0.0555 acres or 2,419 square feet of land. FILED AND RECCIRDED �SPj,E�_��F �fi �m. OFFICIAL PUBLIC RECORDS �II �' �� /�,�� .' C. "" �j�� 'IV�� J ��3• 2@08@02554 January 14, 2008 11:55:35 AM FEE: $28.00 Mary Ann Daigle, County Clerk Galveston County, TEXAS Created by Scot Lowe X:�DOCS�LEGALS\07021-WATER-ESMT.DOC lofl