HomeMy WebLinkAboutNo Address - Access Easement - SHAWNA LEWIS and KYLE PERRI I
ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BYTHESE PRESENTS:
COUNTY OFGALVESTON §
THAT SHAWNA LEWIS and KYLE PERRI ("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 a pedestrian trail over, along, upon, and across that certain 0.2446 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 a pedestrian trail 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.
In exchange for said easement:
Utilities—
The Grantee will:
• Extend two utility service lines (both water and sanitary sewer) to the southernmost
edge of said easement to allow for two single-family utility connections; or
• Extend two utility service lines (both water and sanitary sewer) to the southeastern-
most corner of said easement to allow for seven single-family utility connections
provided an easement to extend such utilities is secured by Grantor across any
privately held property.
In either scenario,the Grantor shall be required to provide not less than one hundred and eighty(180) days'
notice to the Grantee in advance of the date when utilities are needed to the easement; including in such
notice confirmation of which form of the above extension option is required, and with the express
understanding that the extension of utilities is subject to the Grantee's execution of an interlocal agreement
with the City of League City.
Fencing—
The Grantee will:
• Install six (6) foot vinyl coated cyclone fencing along the common property line
separating said ten (10)acre tract the Grantee's Park property; and
• Install a five (5) foot private pedestrian gate connecting the ten (10) acre tract to the
neighboring property to the north at mutually agreeable location
The use of the pedestrian gate will be limited to the Park's posted operating hours.
Emergency Services—
The Grantee will:
• Provide Police, Fire, and EMS services via a mutual aid agreement with the City of
League City to the ten (10) acre tract from which said easement is being dedicated, if
adequate all-weather access is provided by the Grantor.
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 1 St day of August,2016.
GRANTORS
Ca Q���rtQ�-�C
SHAWNA LEWIS
LEA I
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared'SHAWNA LEWIS,
known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to
me that SHAWNA LEWIS executed the same forthe purposes and consideration therein expressed.
GIVEN under my hand and seal of office,this 1-3rda of 2016.
; GLENDA C. FAULKNER
=g Public In an For the State of Texas
MY COMMISSION EXPIRES
q��GGGaFVVV+E*�' JUNE 1, 2018
My Commission Expires: k '28�Z
THE STATE OF TEXAS §
COUNTY OFGALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared KYLE PERRI, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
KYLE PERRI executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office,this U 2016.
` @LINDA C, FAULKNER
lota of ry Public In and For the State of Texas
'SI ., � MY O®MMISSION EXPIRES
JUNE 1,2018 My Commission Expires: \ 'Z0 f
ACCEPTED BY GRANTEE: ATTEST:
Kevin M lland, Mayor Melinda Welsh,TRMC ;�OF.• FNO�
City Secretary
ADDRESS OF GRANTEE: 'O '
City of Friendswood,Texas ••'n9
• T ' •......• ' CO
910 South Friendswood Drive • •� OF TEy P'
Friendswood,Texas 77546 • . .
Exhibit A
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
ACCESS EASEMENT
10,656 SQUARE FEET OUT OF
I. &G.N.RR COMPANY SURVEY NO. 4, ABSTRACT 608
AND I. &G.N. RR COMPANY SURVEY NO. 3, ABSTRACT 614 _
GALVESTON COUNTY, TEXAS
All that certain 10,656 square feet out of L & G. N. RR Company Survey No. 4, Abstract 608
and L & G. N. RR Company Survey No. 3, Abstract 614, Galveston County, Texas and out of
that certain tract as described in a deed dated 04-03-1987 from Mary Ann Rathburn to Jimmie L.
Rathburn filed in the Official Records of Real Property of Galveston County at Clerk's File
Number 8712908 and Film Code Number 005-18-1316 and being more particularly described by
metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South
Central Zone 4204);
Beginning at a called and found 2" iron pipe marking the southwest corner of that certain tract as
described in a deed dated 04-27-1993 from Texas Parks and Recreation Foundation, Inc. to City
of Friendswood at Clerk's File Number 9517142 and Film Code Number 010-39-0211;
1. Thence N 86° 16' 59" E— 710.41' with the south line of said City of Friendswood tract to a
found 1/2" iron rod marking the northeast corner of said Rathburn tract;
2. Thence S 04° 58' 01"E— 15.00' with the east line of said Rathburn tract and the west right-
of-way line of Windermere Road to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
3. Thence S 86° 16' 59" W — 710.74' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
4. Thence N 03° 43' 01" W— 15.00' to the POINT OF BEGINNING and containing 10,656
square feet (0.2446 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).
Compiled by:
C.L.Davis &Company
Firm No. 10082000
Job Number: 11-1025 Access Easement
03-29-2016
11-1025 Access Easement
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FILED AND RECORDED
Instrument Number: 2016047047
Recording Fee: 46.00
Number Of Pages: 7
Filing and Recording Date: 08/04/2016 9:19AM
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 a
COD
/I
Dwight D. Sullivan, County Clerk
OF 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.
Staff
r = FRIENDSWOOD CITY CouNciLI • '
N„
This form should be completed and forwarded to the City Manage/s Office as soon as possible prior to the first date that the item is
expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration:August 1,2016
Date Submitted:July 20,2016 Dept.Clearances:Morad Kabiri
Prepared by:Morad Kabiri Originating Department:City Manager's Office
Subject: Lewis&Perri Access Easement
Proceeding:Discussion&Possible Action City Attorney Review:Yes
Degree of importance: Critical❑ Significant® Elective❑
Expenditure Required:N/A Amount Budgeted:N/A
RCR
Appropriation Required:N/A Source of Funds:N/A Roger C.Roecker
City Manager
FINANCE APPROVAL:N/A
SUMMARY I ORIGINATING CAUSE
As Council is well aware, staff has been working with a property directly south of Lake Friendswood to
secure an access easement for a portion of the soon to be installed pedestrian trail. The draft easement
has been agreed to by both parties and is attached hereto for Council's consideration.
IMMINENT CONSEQUENCES I BENEFIT TO COMMUNITY
By securingthe easement,the trail can now be looped around the entire lake.
RECOMMENDATIONS
Staff recommends Council approve the easement agreement as drafted.
ATTACHMENTS
Access Easement