HomeMy WebLinkAboutPotable Water Easement - MRC Ventures, L.P. and RB&VN Partners, L.P. - W EDGEWOOD DR EXHIBIT A
POTABLE WATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFGALVESTON §
THAT MICHAEL W EGNER, President of MRC Ventures,L.P.("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,
reconstructing,altering,and maintaining underground potable water facilities In,under,over,along,
upon,and across that certain 0.1015 acre tract of land,more or less ("Easement"),same being more
particularly described In Exhibit"A"and shown in Exhibit"B",both 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 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.
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 onlyto 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 Grantor binds himself, his heirs,executors, administrators 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 November, 2014.
GRANTOR:
//Zz,*-V/xqA40j-
Michae(wegner, MRC Venture P.
President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME,the undersigned Notary Public,on this day personally appeared Michael Wegner of
MRC Ventures, L.P., 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 all of I p
�b Wr b°1C 2014.
zffi AA
MICHELLE PEREZ Notary Public In and Forth State of Texas
• . NOTARY°08LIC STATE OF TEXAS
My COMMISSION EXPIRES
^' November 18.2018
My Commission Expires:
ACCEPTED BY GRANTEE: ATTEST:
EN
Kevin Ho a , Mayor Melinda Welsh ;JL- ® °
City Secretary :U
P
ADDRESS OF GRANTEE: ,
City of Friendswood,Texas
910 South Friendswood Drive
Friendswood,Texas 77546
EXHIBIT"A"
10-FOOT WATER LINE EASEMENT
A TRACT OF LAND CONTAINING 0.1015 ACRES(4,420 SQ. FT,) BEING OUT OF RESTRICTED
RESERVE"B"IN BLOCK 1 OF KENNETH CAMP SUBDIVISION,AS RECORDED IN PLAT RECORD
2006A,MAP NO. 143 IN GALVESTON COUNTY MAP RECORDS (G.C.M.R.),SAME BEING OUT OF A
CALLED 1.2848 ACRE TRACT DESCRIBED TO MRC VENTURES, LP,AS RECORDED IN
GALVESTON COUNTY CLERK'S FILE(G,C.C.P) NO. 2006064244,AND OUT OF A GALLED 0.6542.-
ACRE TRACT DESCRIBED TO MRC VENTURES LP,AS RECORDED iN GC.C.F. NO.. 2010010646,
SITUATED IN SARAH MCKI$SICK LEAGUE SURVEY, ABSTRACT NO. 161, SAID 0,1015 ACRE,
EASEMENT TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at apoint at the intersection of the Northeast right-of-way line of Woodlawn Avenue(60
foot right-of-way)with the Southeast right-of-way line of F.M,2351 (a.k.a. Edgewood) (100-foot right-of-
way),for the most westerly comer of said Restricted Reserve"B",a found 1/2 inch Iron rod bears North
44°21'West,03 foot;
THENCE North 45°00'00"East departing the Northeast right-of-way line of said Woodlawn Avenue,along
the Southeast right-of-way line of said F.M.2351 and common Northwest line of said Restricted Reserve
"B", a distance of 110.58 feet to a point on the Southeast right-of-way line of sald F,M.2351 and common
Northwest line of said Restricted Reserve"S",for the Point of Beginning and the most westerly corner of
herein described easement;
THENCE North 45"00'00"East along the Southeast right-of-way line of said F.M 2$51 and common
Northwest line of herein described easement, a distance of 10,00 feet to a point on the Southeast right-of-
way line of said F.M.2351 and common Northwest line of said Restricted Reserve"B";for an exterior
corner of herein described easement,
THENCE South 45°00'06`East departing the Southeast right-of-way line of said F.M.2351,along the
Northeast line of herein described easement, a distance of 47.42 feet to a point for an interior corner of
herein described easement;
THENCE North 46 000'00"East along the Northwest line of herein described easement,at a.distance of
29,42 feet pass the Northeast line of said Restricted Reserve"B",common Southwest line of said called
0,6542 acre tract,`and continuing along the same course,for a total distance of 46-90 feet to a point for
the most northerly corner of herein described easement;
THENCE South 45 000'00"East along the Northeast line of herein described easement,a distance of
10.00 to a point for an exterior comer of herein described easement;
THENCE South 45°00'00"West along the Southeast line of herein described easement,at a distance of
17.48 fleet pass the Southwest line of said called 0.6542 acre tract;common Northeast line of said
Restricted Reserve"B", and continuing along the same course,for a total distance of 46.90 feet to a point
for an interior corner of herein described easement;
THENCE South 45°00'00"East along(tie Northeast line of herein described easement,a distance of
191,40 feet to a point for an interior corner of herein described easement;
THENCE North 45°00'00" East along the Northwest line of herein described easement,a distance of 5,00
feet to a point for an exterior corner of herein described easement;
THENCE South 45°0600" East along the Northeast line of herein described easement,a distance of 5.00
feet to a point for an exterior corner of herein described easement;
i
THENCE South 45 000'00"West along the Southeast line of herein described easement,a distance of
5.00 feet to a point for an interior corner of herein described easement;
THENCE South 45°00'00"East along the Northeast line of herein described easement, a distance of
2818 feet to a point for the most easterly corner of herein described easement;
THENCE South 45900'00"West along the Southeast line of herein described easement, a distance of
120.58 feet to a point on the Northeast right-of-way line of said Woodlawn Avenue, same being the
Southwest line of said Restricted Reserve"B", for the most southerly corner of herein described
easement;
THENCE North 45°00'00"West along the Northeast right-of-way line of said Woodlawn Avenue and
common Southwest line of herein described easement, a distance of 10.00 feet to a point on the
Northeast right-of-way line of said Woodlawn Avenue and common Southwest line of said Restricted
Reserve"B", for an exterior point of herein described tract;
THENCE departing the Northeast right-of-way line of said Woodlawn Avenue, North 45 000'00°East along
the Northwest line of herein described easement,a distance of 110.58 feet to a point for an interior corner
of herein described easement;
THENCE North 45°00100"West along the Southwest line of herein described easement;a distance of
272,00 feet to the Point of Beginning,and containing 0.1015 acres(4,420 sq. ft.).
1.)THIS FIELD NOTE DESCRIPTION IS PART OF THE PLAT OF SAME DATE,(PLAT BEING PAGE t OF 3).
2.)BEARINGS ARE BASED:PLAT NORTH.
3:)THIS FIELD NOTE DESCRIPTION VALID FOR THIS TRANSACTION ONLY.
4.)THE SQUARE FOOTAGE AND.ACREAGE-VALUES SHOWN HEREON ARE MATHEMATICAL VALUES
CALCULATED FROM THE BOUNDARY DATA SHOWN HEREON.THESE VALUES IN NO WAY REPRESENT
THE PRECISION OF CLOSURE OF THIS SURVEY OR T E ACCURACY OF BOUNDARY.MONUMENTS FOUND
OR SET,
a '7 1Z
Z CO .Y L,C NDRON, .LS,NO.6899 iti OF pF
5�P61sTEgF9s
LOBALSURVEYORS, ING.
10401 WESTOFFICE DRIVE
HOUSTON,TX 77042 CODY L CO....
FIRM REGISTRATION NO;•10115900 " �b .....899 pi
JOB NO.13L-13-1455 ANn'suii �yo
PAGE 2 OF 3
EXhibit B
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10'WATER LINE EASEMENT
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FILED AND RECORDED
Instrument Number: 2014072069
Recording Fee: 46.00
Number Of Pages: 7
Filing and Recording Date: 12/22/2014 8:48AM
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.
:C
0 Dwight D. Sullivan, County Clerk
OFGA4 Galveston County, 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.
EXHIBIT 2
POTABLE WATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COUNTY §
THAT RAJINDER BHALLA and VINCE NGUYEN OF RB&VN PARTNERS, L.P. ("Grantors"), for and in
consideration of the sum of Ten Dollars ($10.00) 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 potable water facilities in, under,
over, along, upon,and across that certain AREA tract of land, more or less("Easement'), same being
more particularly described in Exhibit "A" and shown in Exhibit"B", both 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. Grantors retain, reserve, 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.
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 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 Grantors binds themselves,their heirs,executors, administrators 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 Grantors, but not otherwise
IN WITNESS WHEREOF,this instrument is executed this today of November, 2014.
GRANTORS:
Rajinder Bhalla, RB &VN Partners, L.P.
Vince Nguyen, A&VN Pa n rs, L.P.
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTYOFCOUNTY §
BEFORE ME,the undersigned Notary Public, on this day personally appeared Rajinder Bhalla of
RB&VN Partners, L.P., known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that HE OR SHE executed the same for the purposes and
consideration therein expressed.
GIVEN under my hand and seal of office, this //)` y of !2014.
PEGGI LOUISE BIRKENSEHER
�
Notary Public In and For the State of Texas
S Notary Public,State of Texas
My Commission Expires
" September 25, 2017
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OFGALVESTON §
BEFORE ME,the undersigned Notary Public, on this day personally appeared Vince Nguyen of RB
&VN Partners, L.P., known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that HE OR SHE executed the same for the purposes and
consideration therein expressed.
lqa
GIVEN under my hand and seal of office,this // day of / r �f �� 2014
Notary Public In and For the State of Texas
PEGGI LOUISE BIRKENSEHERI
Notary Public, State of Texas, '
My Commission Expires 33-
{ September 25, 2017
My Commission Expires:
ACCEPTED BY GRANTEE: ATTEST:
Sao
Kevin Holla4 Mayor Melinda Welsh
\' City Secretary
ADDRESS OF GRANTEE: °°. j. �Q�°e
City of Friendswood,Texas
910 South Friendswood Drive
Friendswood, Texas 77546
EXHIBIT W'
10-FOOT WATER LINE EASEMENT
A TRACT OF LAND CONTAINING 0.1015 ACRES (4,420 SQ.FT.) BEING OUT OF RESTRICTED
RESERVE"B" IN BLOCK 1 OF KENNETH CAMP SUBDIVISION,AS RECORDED IN PLAT RECORD
2006A,MAP NO. 143 IN GALVESTON COUNTY MAP RECORDS(G.C.Nil SAME BEING OUT OF A
CALLED 1.2848 ACRE TRACT DESCRIBED TO MRC VENTURES, LP, AS RECORDED IN
GALVESTON COUNTY CLERK'S FILE(G.C.C.F.) NO, 2006064244,AND OUT OF A CALLED 0.6542
ACRE TRACT DESCRIBED TO MRC VENTURES LP,AS RECORDED IN G.C.C.F. NO. 2010010646,
SITUATED IN SARAH MCKISSICK LEAGUE SURVEY,ABSTRACT NO. 151, SAID 0,1015 ACRE
EASEMENT TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a point at the intersection of the Northeast right-of-way line of Woodlawn Avenue(60-
foot right-of-way)with the Southeast right-of-way line of F-M,2351 (Wca. Edgewood)(100-footfight-of-
way),for the mostwesterly corner of said Restricted Reserve'T", a found 1/2 inch Iron rod bears North
44°21'West,0.3 foot;
THENCE North 45°00'00"East departing the Northeast right-of-way line of said Woodlawn Avenue,along
the Southeast right-of-Way line of said F.M.2351 and common Northwest line of said Restricted Reserve
"B",a distance of 110.58 feet to a point on the Southeast right-of-way line of said F:M. 2351 and common
Northwest line of said Restricted Reserve"B",forthe Point of Beginning and the most westerly corner of
herein described easement;
THENCE North 45°00'00"East along the Southeast right-of-Way line of said EM_2351 and common
Northwest line of herein described easement, a distance of 10,00 feet to a point on the Southeast right-of-
way line of said F.M.2351 and common Northwest line of said Restricted Reserve"B", for an exterior
Corner of herein described easement,
THENCE South 45 000'00"East departing the Southeast right-of-way line of said F.M. 2351, along the
Northeast line of herein described easement, a distance of 47-42 feet to a point for an interior corner of
herein described easement;
THENCE North 45°00'00" East along the Northwest line of herein described easement,at a distance of
29.42 feet pass the Northeast line of said Restricted Reserve"B",common Southwest line of said called
Q.6542 acre tract, and continuing along the same course,for a total distance of 46.90 feet to a point for
the most northerly corner of herein described easement;
THENCE South 45°00'00"East along the Northeast line of herein described easement,a distance of
10.00 to a point for an exterior corner of herein described easement;
THENCE South 46°00'00"West along the Southeast line of herein described easement,at a distance of
17.48 feet pass the Southwest line of said called 0-6542 acre tract,common Northeast line of said
Restricted Reserve"B", and continuing along the same course,for a total distance of 46.90 feet to a point
for an interior corner of herein described easement,
THENCE South 45°00'00"East along the Northeast line of herein described easement, a distance of
191.40 feet to a point for an interior corner of herein described easement;
THENCE North 45"00'00" East along the Northwest line of herein described easement,a distance of 5.00
feet to a point for an exterior corner of herein described easement;
THENCE South 45 000'00"East along the Northeast line of herein described easement,a distance of 5.00
feet to a point for an exterior corner of herein described easement;
i
THENCE South 45°00100"West along the Southeast line of herein described easement,a distance of
5.00 feet to a point for an interior corner of herein described easement;
THENCE South 45QOO'00^East along the Northeast line of herein described easement,a distance of
28.18 feet to a point for the most easterly corner of herein described easement;
THENCE South 45 000'00"West along the Southeast line of herein described easement, a distance of
120,58 fee(to a point on the Northeast right-of-way line of said Woodlawn Avenue, same being the
Southwest line of said Restricted Reserve"B", for the most southerly corner of herein described
easement;
THENCE North 45000'00"West along the Northeast right-of-way line of said Woodlawn Avenue and
common Southwest line of herein described easement,a distance of 10.00 feet to a point on the
Northeast(ght-of-way line of said Woodlawn Avenue and common Southwest line of said Restricted
Reserve"B",foran exterior point of herein described tract;
THENCE departing the Northeast tight-of-way line of said Woodlawn Avenue, North 45°00'00"East along
the Northwest line of herein described easement, a distance of 110.58 feet to a point for an Interior corner
of herein described easement;
THENCE North 45°00'00"West along the Southwest line of herein described easement, a distance of
272.00 feet to the Point of Beginning,and containing 0.1015 acres(4,420 sq. ft.).
1.)THIS FIELD NOTE DESCRIPTION 15 PART OF THE PLAT OF SAME DATE.(PLAT BEING PAGE 1 OF 3).
2.)BEARINGS ARE BASED:PLAT NORTH.
3.)THIS FIELD NOTE DESCRIPTION VALID FOR THIS TRANSACTION ONLY.
4.)THE SQUARE FOOTAGE AND ACREAGE VALUES SHOWN HEREON ARE MATHEMATICAL VALUES
CALCULATED FROM THE BOUNDARY DATA SHOWN HEREON.THESE VALUES IN NO WAY REPRESENT
THE PRECISION OF CLOSURE OF THIS SURVEY OR THE ACCURACY OF BOUNDARY MONUMENTS FOUND
OR SET,
CO Y L.C NDRON, . .LS.NO, 5899 ��DF pg
.�P.'isTE"x7s
LOBAL SURVEYORS, INC. y'wo pso�,
10401 WESTOFFICE DRIVE � ,„..................•:••••
HOUSTON,TX 77042 CpDY L.GDNORON„
FIRM REGISTRATION NO, '10115900 `•?b•••�5899
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12-00-13 "FFs sk�'`p¢•
JOB NO. BL-13-1455 - ENO SURVEY
PAGE 2 OF 3
EXhibit B
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FILED AND RECORDED
Instrument Number: 2014072070
Recording Fee: 50.00
Number Of Pages: 8
Filing and Recording Date: 12/22/2014 8:48AM
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.
E 0_
GOD
Dwight D. Sullivan, County Clerk
OF cn4 Galveston County, 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.
DWIGHT D.SULLIVAN
COUNTYCLERK
Galveston County,Texas
600 59th ST,STE 2001
Galveston,TX 77551
(409)766-2200
CUSTOMER: VALUED CUSTOMER
12/22/2014
8:48:35 AM 4024756
Workstation ID: FJYQBYI
Issued To:CITY OF FRIENDSWOOD
Number of Pages:7
Document# 2014072069
EASEMENT 46.00
Number of Pages:8
Document# 2014072070
EASEMENT 50.00
Total: 96.00
CHECK: 96.00 10999
Customer Escrow Balance
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RESOLUTION NO.R2014-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DETERMINING THAT A
WATERLINE EASEMENT IS NEEDED FOR
CONSTRUCTION AND MAINTENANCE OF PUBLIC
IMPROVEMENTS NEAR FM 2351 AND WOODLAWN;
APPROVING THE ACCEPTANCE OF SAID EASEMENT
FROM MRC VENTURES, LP, AND RB & VN PARTNERS,
LP,PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood finds and determines that public
convenience and necessity require that the City acquire a water-line easement (the "Easement")
over, across and under a certain property located near the intersection of FM 2351 and Woodlawn,
more specifically described in Exhibit "A" as being 0.10 15 acres of land out of Restrict Reserve
"B" in the Block 1 of Kenneth Camp Subdivision, as recorded in plat record 2006A, Map No.
143 Galveston County Map Records, same being out of a called 1.2848 acre tract described to
MRC Ventures, LP, as recorded in Galveston County Clerk's File (GCCF)No. 2006064244, and
out of a called 0.6542 acre tract described to MRC Ventures, LP, as recorded in GCCF No.
2010010646, situated in the Sarah McKissick League Survey, Abstract No. 151, Galveston
County, Texas; and
WHEREAS, the City of Friendswood, through its duly authorized representative, has
negotiated with the owners of said tract of land for the acceptance of such Easement for the herein
stated purpose and has been able to agree with such owners as to the dedication thereof; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The City Council of the City of Friendswood finds that bona fide
negotiations have been conducted by the authorized representative of the City for the acquisition of
the Easement over the herein described tract of land, and that said negotiations were successful, and
that the acquisition of the Easement for the negotiated price is approved.
Section 3. The Mayor is authorized to execute any documentation necessary to accept,
document,and record said Easement.
PASSED,APPROVED,AND RESOLVED this$ch day of December,2014.
Ilan
Kevin N' . o
Mayor
ATTEST:
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Melinda Welsh, TRMC� � ee
City Secretary
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R2014-23 2