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Home My WebLink AboutStorm Drainage Easement - RYAN SITTON and JENNIFER SITTON - 1007 THOMAS DR R2015-12 Exhibit A STORM DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT RYAN SITTON and JENNIFER SITTON ("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 storm drainage facilities in, under, over, along, upon, and across that certain 146 square feet tract of land, more or less ("Easemenf'), same being more particularly described and shown 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 storm drainage 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_allrights_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 4TH day of MAY,2015. GRANTORS r Ryan Sitt A9, z. . %! Jennife Sitton THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ryan Sitton, 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. q 20 GIVEN under my hand and seal of office, this�11 l A 9A)%ay of - V�' I&YW" r Notary Public In and For the State of Texas My Commission Expires: SNNSLaw do p THE STATE OF TEXAS § 0'."'W.". KIMBERIEE DAVIS • Notary Public,State of Texas § � My Commission Expires COUNTY OF GALVESTON § January 09, 2018 BEFORE ME, the undersigned Notary Public, on this day personally appeared Jennifer Sitton, 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. A"-"' n _ GIVEN under my hand and seal of office, this day of t"Tpj KIMBERILEE DAVIS Notary Public,State of Texas Notary Public hi and For the State of Texas ?'°��• `^` My Commission Expires January 09, 2018 000�� My Commission Expires: �>1 1 auo ACCEPTED BY GRANTEE: ATTEST: Kevin H . Holland, Mayor Melinda Welsh, TRMC ®Q It City Secretary ADDRESS OF GRANTEE: City of Friendswood,Texas ••9TF OF� '•• 910 South Friendswood Drive Friendswood,Texas 77546 60MVOO? 'Al Ol 64"I", VY 3' 2/AWrjW o ' 01 "IDA I I ,NI W Leff» L ti tib NP RS d0I17.i1. 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NNY 3mwZ0 u10 Lj U IR I � I � ° / ,y '..,� e•'\ �o'^uoo N°j�m Q'd zo I 1 - w9 z / `Gd��7}• .A�\4. q°�°o°Om�°,�J u�F�°w o4 -0000 . 1 I V pal• 2 UO N"at<cv ain'�� 3nlaa SvwONL 4 f k w o ° r J ry m Ly 7 O?, ciOh NNy1 11' QU W� F $"mb.�\ sn. / ,°nmmnz N O[x�Nga sy�A a o 0 m h Fog aq a-o 10 C4, v 00 r4 Q N °O b oN l F Q `y ax F 00.,0 00 0 o m ? u, L. -�. B. u°imhimN a W FFw z� z z 1• S. U' 41 Q 'op o o-. -;I-i.-_--- ,��1•�y c!(` JO�1` "I' rcdotim 4 o��4oe u< u U- - I F F+�,�IY¢3 C4 rq M '3Nd HI3 IOd A ISNM-H9IH 3dON �'[a CNld ION 010'a2"O�and MP WS ♦ Q �.( '31Oda3 N300 9NIIGW -s-x YINN IlVC ESTABL S ED 1978 19701 STATE HIGHWAY 6,MANVEL,TEXAS 77578 PHONE:(281)519-8530 TBPLS FIRM#10040400 www.fmssurveying.com PROPOSED 20' WIDE DRAINAGE EASEMENT METES AND BOUNDS DESCRIPTION OF A tract of land containing 146 square feet of land, out of and being part of Lot 3 of the Partial Replat of Oak Creek Forest, a map recorded under Plat Record 2001A, Map No. 38, of the Galveston County Map Records(GCMR),with said 146 square feet of land being more particularly described in metes and bounds as follows: COMMENCING at an iron rod with cap (ir w/cap)found in the Northwest line of that certain called 4.5833 acre tract of land described in deed to Gary P. Kaufman and Melanie A. Kaufman under Galveston County Clerk's File No. (GCCF No.) 2006040357, at the South corner of Lot 2 and the East corner of Lot 3 of the Replat of Oak Creek Forest; THENCE:S 48°30'29" E,along and with the common line of Lots 2 and 3 of the Replat of Oak Creek Forest,a distance of 20.00 feet to a point for corner in said common line of Lots 2 and 3,also in the Northwest line of a 20 foot wide drainage and utility easement, recorded under Plat Record 2006A, Map No. 28 of the GCMR,at the East corner and the Point of Beginning of the herein described tract; THENCE:S 41°42'50"W, departing from the common line of Lots 1 and 2,along and with the Northwest line of the aforementioned 20 foot wide drainage and utility easement,a distance of 12.52 feet to a point for corner in the Northwest line of said 20 foot wide drainage and utility easement, at the South corner of this tract,from which an it w/cap found stamped "RPLS 1855" bears S 35°43'12"W, 192.33 feet at the South corner of said Replat of Oak Creek Forest,also being the South corner of the same subdivision and the East corner of Melody Estates,a map recorded under volume 18, page 179 of the GCMR, also being the East corner of Lot 5 of the same subdivision; THENCE: N 20°12'10"W,departing from the Northwest line of the 20 foot wide drainage and utility easement,a distance of 26.41 feet to a point for corner in the common line of Lots 2 and 3 of the Replat of Oak Creek Forest,at the North corner of the herein described tract; EXHIBIT "B „ SHEET 2OF3 THENCE:S 48°30'29" E, along and with the common line of Lots 2 and 3,a distance of 23.30 feet to the Point of Beginning and containing 0.003 of an acre of land. /"' y�P.�G�sfERe�qs ................ .. ... Cott R.Sheridan .SCOTT R. SHERIDAN ......................... RPLS 3698 6171 kp March 12, 2015 p� yOQ qN0 Su?,'A Notes: 1. The bearings contained herein are based on the Texas Plane Coordinate System, Southcentral Zone No.4202. 2.This Exhibit"B" is to be accompanied by a separate Exhibit "A"which is a sketch of this description. SHEET OF FILED AND RECORDED Instrument Number: 2015039851 Recording Fee: 46.00 Number Of Pages: 7 Filing and Recording Date: 06/24/2015 3:03PM 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. °�,y� y�°? Dwight D. Sullivan, County Clerk °F GAS 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 _.. COUNTY CLERK Galveston County,Texas 600 59th ST,STE 2001 Galveston,TX 77551 (409)766-2200 CUSTOMER:-CI-T-Y-OF-FRIENDSWOOD - - — -- - - ------ - - _- - - .......06/24/2015..... 3:03:50 PM Transaction#: 4070405 Deputy: JANET WASINGER Issued To: CITY OF FRIENDSWOOD Number of Pages:7 Document# 2015039851 EASEMENT RECORDING: 46.00 Transaction Total: 46.00 CHECK: 46.00 SUSAN BALLARD 5009 Customer Escrow Balance: 0.00 Thank You for Your Business Are You a Veteran? Register For Our"Thank a VeV Program To Receive Valuable Local Discounts RESOLUTION NO.R2015-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A DRAINAGE EASEMENT; ACCEPTING THE DEDICATION OF SAID LAND FROM RYAN AND JENNIFER SITTON,PROPERTY OWNERS. WHEREAS, the City Council of the City of Friendswood now finds and determines that public convenience and necessity requires the City of Friendswood to acquire property over and across a tract of land containing 146 square feet for the construction, operation, and maintenance of a drainage easement in the City of Friendswood, Texas, a more specific description of said 146 square feet of land is contained in Exhibit "A", Storm Drainage Easement, and made a part thereof, (herein after the "Land"); and WHEREAS, the City of Friendswood, through its duly authorized representative, has negotiated with the owners of said tract of land for the dedication of such property for the herein stated purpose and has been able to agree with such owners as to the fair market value 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 property over the herein described tract of land and that the donation of the property is approved. Section 3. The Mayor is authorized to execute any documentation necessary to accept, document, and record said Deed. PASSED,APPROVED,AND RESOLVED this 4th day of Mav,2015. Kevin M. o land Mayor ATTEST: �FtIEN '• Melinda Welsh, TRMC O •" ' ... City Secretary :A, .: O•, .•NjgT �P* . • • FOFTE.• •• 82015-12 2