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HomeMy WebLinkAboutPotable Water Easement - LARS International, Inc, - 0 CEDARWOOD DR POTABLE WATER EASEMENT THE STA 1'E OF TEXAS COUNTY OF GALVESTON KNOW ALL MEN BY THESE PRESENTS: THAT LARS International, Inc, a Texas Corporation, ("Grantor"), for and in consideration of the growth,the requirements, and the benefits to accrue to the citizens of the City of Friendswood, Texas, has GIVEN, GRANTED,DONATED and CONVEYED, and by these presents does hereby GIVE, GRANT, DONA l'h and CONVEY unto the City of Friendswood, a home rule municipal corporation of the State of Texas ("Grantee"), its successors, assigns and legal representatives, a(Easement A)perpetual Forty-one foot easement, for the purpose of constructing, reconstructing, altering, and maintaining underground potable water facilities, in, under, over, along, upon, and across that certain 0.35acre tract of land,more or less, 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 area for any and all purposes that so not interfere with or prevent the use by Grantee of the easement, rights, and privileges granted herein. -1- 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 Property, but only to the extent that the same are still in force and effect and enforceable against the Property. The easement, along with all rights and privileges shall terminate when the easement, as described above, is abandoned upon adoption of as 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 15t day of December, 2003. GRANTOR: LARS In mational, Inc J. Michael Rebescher President ADDRESS OF GRANTEE: City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 -2- Acknowledgment THE STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME,the undersigned authority, on this day personally appeared, J. Michael Rebescher,President of LARS International,Inc, 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, in the capacity therein stated, and as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this ' y of r/4ry r 2003. rcr,22 0(6 I Notary Public In and For the State of Texas My Commission Expires: (SEAL) -3- GRANTEE: CITY OF FRIENDSWOOD, TEXAS BY: Name: Kim W. Brizendine Title: Mayor AT FEST: Debris McKenzie, TRMC City Secretary ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME, the undersigned authority, on this personally appeared, Kim W. Brizendine, Mayor of the City of Friendswood, Texas, known to be the person whose name is subscribed to the foregoing instrument,Potable Water Easement, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of November, 2003 Linda S. Thornton Notary Public in and for the State of Texas My Commission Expires: (SEAL) -4- EXHIBIT "A" DESCRIPTION OF 0.35 ACRE TRACT OF LAND OUT OF THE SOUTHEAST % OF THE NORTHWEST ' OF LOT 13, BLOCK 3, FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract of land(Easement"A")and containing 15,211 sf of land or 0.35 acre tract of land being a portion of a 1.4053-acre tract of land conveyed to LARS International, Inc as recorded under Galveston County Clerk file No 2000024792, Film code No. 014-57-0421 of the Official Public Records of Real Property in Galveston County, Texas, also being a portion of a 1.4053 Acre tract of land as recorded in Volume#238,Page 214, Galveston County Map Records. Said 0.35 acre tracts being more particularly described by metes and bounds as follows,with the basis-of-bearings being the centerline of Cedarwood Drive(40 foot R.O.W.): BEGINNING at the most westerly corner of Lot 13, Block 3,Friendswood, Galveston County , Texas,Also BEING THE CENTERLINE OF CEDARWOOD DRIVE; THENCE S 45 Deg. 00 Min. 00 Sec. E, along the Centerline of Cedarwood Drive, 165.0 feet to a point; THENCE N 45 Deg. 00 Min. 00 Sec. E,20.0 feet to a '/z" Iron Rod found in the northeasterly right-of-way line of Cedarwood Dr. Being the Easterly corner of the aforementioned 1.4053 acre tract; THENCE S 45 Deg. 00 Min 00 Sec E, 62.0 feet, along the westerly boundary of said 1.4053 acre tract to a point and the PLACE OF BEGINNING FOR EASEMENT "A:" THENCE N 45 Deg. 00 Min. 00 Sec. E, 371.0 feet to a point for the northerly corner of easement"A"; THENCE S 45 Deg. 00 Min 00 Sec E, 41.0 feet to a point for the easterly corner or said easement"A"; THENCE S 45 Deg 00 Min 00 Sec W, 371.0 feet to a point for the southerly point of said easement"A"; THENCE N 45 Deg 00 Min 00 Sec W, 41.0 feet to the PLACE OF BEGINNING FOR EASEMENT 'A', and containing 15,211 SF of land; -5- • `q 0 Q �� " 4P.. co •.• O Y ad•••.7.A �v w caN� �;ta 6. Y .o. '/LZ '�- ��i i 0, S �, / SS •/z/ „ Li__ NL>: $ Oo ,o� G Q y 00C 'J v O Q 0? dZ o N o yx4W z� �,. r{ N�Q2V a G� c/) 0 Q x ~zNalJ to, c» h irr >,. � L ~ iaown az Vw ��' L I � =O ` >2 ~�Q N c o 1 u11 F-t-NF z a, �'SI1- Gl) e4 _LJ sov x Nao 4�a b — -ri ` J O �� �r O7 °° �// ' F I J LE., x o CC d, QC o0v il 1CV a W ~ Li , i 2rt - .,V1 '� �. 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