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HomeMy WebLinkAboutSanitary Sewer Easement - Jim and Cindy Bulgier - 2 STEVEN LUKE LN , �illi li I Illi II��I ii�II III�III I III f I I 'll Z00900g25g ' 6 PG5 i SANITARY SEWER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT JIM T. BULGIER AND HIS WIFE CINDY L. BULGIER ("Grantars"), for and in consideration of the sum of three thousand dollars ($3,000.00) and other good and valuable consideration in hand paid to Grantors 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, have GRANTED, SOLD, and CONVEYED, and by these presents do 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, and maintaining underground sanitary sewer facilities in, under, over, along, upon, and across that certain 0.0303 acre tract of land,more or less("Easement"), same being more particularly described in E�ibit "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 sanitary sewer facilities within said Easement and to operate thereon all necessary machinery and equipment to efficiently prosecute the wark. Grantors retain, reserve, and shall continue to enjoy the use of the surface of the easement property far any and all purposes which do not interfere with or prevent the use by Grantee of the Easement for the purposes stated herein. This conveyance is expressly made subject to any and all restrictions, mineral and/or royalty reservations, covenants, and easements appearing of recard relative to the Easement, 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 Easement, as described above, is abandoned 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 Grantars binds themselves, their heirs, executors, administrators and assigns,to warrant and forever defend a11 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 Grantors,but not otherwise. IN WITNESS WHEREOF,this instrument is executed this 12 day of January, 2009. GRANTORS JIM T. BULGIER CINDY L. BULGIER � ACCEPTED BY GRANTEE: ADDRESS OF GRANTEE: Attention: 6ity Secretary's Office City of Friendswood, Texas ���� David J.H. Smith, Mayor 910 South Friendswood Drive Friendswood, Texas 77546 ATTEST: ,s � F F R�ENO ' �O d� , � O De oris McKenzie, MC v 0 City Secretary * * �A � ��, � 2 " " �jF TE ACKNOWLEDGMENTS THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Jim T. Bulgier, 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. GIVEN under my hand and seal of office,this � day of January,2009. :�. ;•�PY.P�s•.. �3�A LEAI Notary Public In and For the State of Texas �°�� `�'<�`i •2� :�:u�fF.RY PUBLIC t*i�,��.` ...,:re of iexas � fl 'a�a,W�`"I .�; `';lF oF��:�� .;,,;��,,,�.., . ��-24-2009 My Commission Expires: °;�,,.;�. .�,.� . THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Cindy L. Bulgier, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this � day of January, 2009. ,,,�„�, _ Notary Public In and For the State of Texas `Pa�°U~ BEA LEAL :o�;.,....,e,.o !*:' ;�: NOTARY PUBLIC My Commission Expires: 10���°c1 t N�...�,•`�:° �tate of Texas ��r��or�' 'Co�artt. Exp. S Q-24-2009 'y F� .�5'; ' WayaerM"t`WW4WeY'Y✓!x'"�1/V"� V� 3 EXHIBIT"A" EASEMENT-11 METES AND BOUNDS DESCRIPTION 1,320 SQUARE FEET OUT OF LOT 1 AUTUMN CREEK,SECTION NINE 1OHN DICKERSON SURVEY,ABSTRACT NO. 15 FRIENDSWOOD,HARRIS COUNTY,TEXAS All that certain 1,320 square feet out of Lot 1,Autumn Crock,Section Nine according to the plat thereof as filed in Volume 497,Page 014 Harris County Map Records,John Dickerson Survey,Abstract Number 15,Friendswood,Harris County,Texas and being out of that certain tract as described in a deed dated 04-24-2007 from Autumn Creek Development,Ltd.to Jim T.Bulgier,et ux.as filed in Official Records of Real Property of Harris County at Clerk's File Number 2007-0277499,Film Code Number 002-41- 0564 and being more particularly described by metes and bounds as follows(bearings based on Texas Coordinate System of 1983,South Central Zone); Commencing at a found 5/8" iron rod marking the common northwest corner of said Lot 1 and the northeast corner of Lot 2 of said Autumn Creek, Section Nine, said point also being located on the southerly right-of-way line of Steven Luke Lane(60'wider Thence S 23° 19' 17"W—534.49'with the common west line of said Lot 1 and the east line of said Lot 2 to the POINT OF BEGINNING of herein described tract and said point being located on a curve to the right having a radius of 1,010.00' and a central angle of 05°05' 14"; 1. Thence with said curve an arc distance of 89.68'and a chord bearing and distance of S 21°57'28"E —89.65'to a point for corner, 2. Thence N 55°58'03"W—34.22'with the southerly line of said Lot I to a point on a curve to the left having a radius of 990.00'and a central angle of 02°26' 18"; 3. Thence with said curve an arc distance of 42.13' and a chord bearing and distance of N 22°13'28"W—42.13'to a point for comer, 4. Thence N 23° 19' 13"E—27.22'with the common west line of said Lot 1 and the east line of said Lot 2 to the POINT OF BEGINNING and containing 1,320 square feet(0.0303 acre)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). 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