HomeMy WebLinkAboutPotable Water Line Easment - FISD - 702 GREENBRIAR DR IIIIII IIIII IIIII IIIII illll lllll lllll lllll lllll lllll llll llll 2008063292 6 PGS ENTITY AS GRANTOR POTABLE WATER LINE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT FRIFNDSWOOD INDEPENDENT SCHOOL DISTRICT ("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 muuucipal 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, reconstructing altering repairing and maintaining a 16"underground potable water pipeline in, under, over, along upon, and across that certain 13,894 squat foot tract of land, more or less("Easement'), same being more particularly described in);adhbit "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 a 16"undergroundpotable water pipeline within said Easement and to operate thereon all necessary machinery and equipment to efficiently prosecute such 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 materially interfere with or prevent the use by Grantee of the Easement for the purposes stated herein. Grantee agrees that following any construction, reconstruction, alteration, repair or maintenance activities within the Easement, Grantee will, to the extent reasonable and feasible,restore the surface of the Easement to its pre-existing condition. 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 Easanent,but only to the extent that the same are still in force and effect and enforceable against the same. The Easement, along with all rights and privileges relating thereto, shall terminate when the Easanent, as described above, is abandoned by adoption of an Ordinance abandoning or vacating such by Grantee. TO HAVE AND TO HOLD the above described Easanent, together with all and singilar the rights and appurtenances thereto in any wise belongingunto 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 clam 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 April, 2008 GRANTOR: FRIFNDSWOOD INDEPENDENT SCHOOL DISTRICT By:�N Title: r 5D ACC ED GRANTEE: David J.H. Smith, Ma or AT fil 4 Delores McKenzie, RMC Y J L City Secretary • TA( # .I `1( t ADDRESS OF GRANTEE: City Secretary's Office City of Friendswood, Texas 910 South Friendswood Drive Friendswood, Texas 77546 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was ackmwledged before me on this AZ day of April, 2008, by �cnz{ y{ids/B') c , acting in 1S'capacity as APTMG f7)rar of and on behalf of FRIINDSWOOD INDEPENDENT SCHOOL DISTRICT. l , i :����:,•. NANCY L DYESS Notary ubli% : ^.r the State of Texts �'_i�� i NOTARY PUBLIC State of MX0 'Aaa ' comet Exp.08-27-2012 My ComnissionExpires: z EXHIBIT"A" EASEMENT 10 METES AND BOUNDS DESCRIPTION 13,894 SQUARE FEET OUT OF LOT 1, BLOCK 1 FRIENDSWOOD HIGH SCHOOL EXPANSION FRIENDSWOOD, GALVESTON COUNTY.TEXAS All that certain 13,894 square feet out of Lot 1, Block 1 Fnendswood High School Expansion according to the plat thereof as filed in Plat Record 18, Map No 990 Galveston County Map Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone), Beginning at a found 5/8" iron rod marking the most northerly east corner of Wilderness Trails Section III according to the plat thereof filed in Plat Record 18, Map No 293 Galveston County Map Records and marking a point on the southerly right-of-way line of Falling Leaf Drive, 1 Thence N 41° 40' 08" E — 24 22 with the said southerly right-of-way line of Falling Leaf Drive to a point for corner, 2 Thence S 13° 59' 02"E—273 32' to a point for corner, 3 Thence S 48° 20' 31"E—422.04' to a point for corner; 4. Thence S 41° 40' 08" W—20.00' with the most westerly line of that certain 15' wide utility easement as filed in the Official Records of Real Property of Galveston County at Clerk's File Number 99-26401 to a point for corner; 5 Thence the following (2) courses with the common westerly line of said Friendswood High School Expansion and the easterly line of said Wilderness Trails Section 3; 6 Thence N 48° 20' 31" W—428 22' to a point for corner, 7 Thence N 13° 59' 02" W — 265.83' to the POINT OF BEGINNING and containing 13,894 feet of land more or less This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by C.L. Davis & Company Job Number: 11-888 Easement 10 M&B.doc 10-15-2007 11-888 FacPment 10 MM doc 0 orc wW La I— (ZZ" I ®®I ^ c O N t le /1w 7 U. 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A / Q l IF °o mb ' C. o ppno f Ns a o Sw ° ° F ° 9 aSi 8 f.muun3sn ' ivnwn o °„ E Neil r mr g m Gi y g r xnrwan n d a aga . 'S'a O W z WO— W — `� - .'- .:-' a r id` �g ��a � Q a�§ ag„ L p ry n FILED AND RECORDED OFFICIAL PUBLIC RECORDS 4,4 ' '' 2008063292 November 25, 2008 03 11 19 PM FEE $32 00 Mary Ann Daigle, County Clerk Galveston County, TEXAS