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Home My WebLink AboutDrainage Easement - Mark & Rebecca Furtado - 107 BRANDYWYNE DR . i'�� ift l,tli G� � � �, �: � �hl� �� tt��;��1 J ��,� . : �� .�� DRAINAGE EASEMENT ' ,� � �` `�� r= u- �,� y�•`� � .�n �. ti, ��. THE STATE OF TEXAS § �,��=`'�x_ � § KNOW ALL MEN BY THESE PRESENTS: °� ��'. COUNTY OF GALVESTON § s��o�� '�:1P THAT Mark & Rebecca Furtado ("Grantor"), for and in consideration of the growth, the requirements, and the benefits to accrue to the citizens of the City of Friendswood, Texas, has GIVEN, GRANTED, DONATED and CONVEYED, and by these presents does hereby GIVE, GRANT, DONATE and CONVEY unto the City of Friendswood, a home rule municipal corporation of the State of Texas ("Grantee"), its successors, assigns and legal representatives, a perpetual Drainage easement, for the purpose of constructing, reconstructing, altering, and maintaining underground public utility facilities, in, under, over, along, upon, and across that certain acre tract of land, more or less, same being more particularly described 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 underground public utility 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 area for any and all purposes that do not interfere with or prevent the use by Grantee of the easement, rights, and privileges granted 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 Property, but only to the extent that the same are still in force and effect and enforceable against the Property. The easement, along with all rights and privileges, shall terminate when the easement, as cc: Mark & Rebecca Furtado 11/17/04 described above, is abandoned upon 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 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 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 , 2004. GRANTOR: Mark & Rebecca Furtado ___ By: ,_... Name: Title: ADDRESS OF GRANTEE: GRANTEE: City of Friendswood, Texas City of F 'endswood 1 910 South Friendswood Drive � Friendswood, Texas 77546 By: `�`ti�,� �' ,, � � J . scace�T� co��y�� Name: _//YI�A 1� L•J_ �lLi�,�E'h'(r%,l�� toa su 20is15� T1tle: �y�7�, /} JZ 1-�w ry�` ATTEST: �r„� ..,� ,� � , � C � �� ,; ., RHONDA EUGE BAKER BY: : �� _° ;' NOTARYPUBI.ICSTATE $ Deloris McKenzie, TRMC �....... . �+�, «�,i4*� COMMISSION EXPIR ' NOVEMBER 3,20 7 City Secretary 2 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF GALVESTON § �� BEFO E, the u ersi ned authority, on this day personally appeared, ,��vC.� Y , 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, in the capacity therein stated, and as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this � day of 2004. � Notary Public In and For the State of exas zoj;�Y� RHON�4EUGEt�aBacER My Commission Expires: l� .3 O`�' (SEAL) *`�„ NOTARYPIAIICSTATEOfiEI(AS �,,�a�+� corriss�o�un�tta: NOVEMQER 3,2007 THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared, Kimball w. Brizendine , 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, in the capacity therein stated, and as the act and deed of said Corporation. GIVEN UN ER MY HAND AND SEAL OF OFFICE on this � day of 2004. 0 �� o„ RHONDA EUGENIA BAKER „�� Notary Public In and For the State of Texas _°��'�'s°; NOTARY PUBLIC STATE OF TEXAS (SEAL �j��+* NOVEIMBERx3 R2007 My Commission Expires: / 'hF�F=Ee,i 3 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared, Deloris McKenzie , 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, in the capacity therein stated, and as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this � day of 2004. GCl.( �,�,�,«.,, Notary Public In and For the State of Texas o.�P�P;e\, R. . ".UF,EUGE��I;�.;;.AKER J '�:{� * NOTARYPUBLICSTATEOFTEXAS My Corrunission Expires: � �a�J �SEA '�Y^Y;••°<' COMMISSION EXPIRES: "`oFi'� NOVEMBER 3,2007 THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared, , 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, in the capacity therein stated, and as the act and deed of said Corporation. GNEN UNDER MY HAND AND SEAL OF OFFICE on this day of 2004. Notary Public In and For the State of Texas My Commission Expires: (SEAL) 3 EXHIBIT "A" EASEMENT 1�, GENERAL DESCRIPTION Five (5) feet w�ide strip loeated northerly of and adjoining to the entire southerly line of Lot 3, Block 5, Annalea Kingspark Section "A" and Whitehall Section "�h" according to the plat thereof filed in Plat Record No. 1, Map No. 13 Galveston County Plat Records. Compiled by: C.L. Davis & Company Job Number: 11-794 esmt 1 a M&B.doc 07/16/2004 �'ity Of Frt'endSwoo�d 910 South Friendswood Drive Friendswood, Texas 77546-4856 C°�p�r' �. �I�� '��u�'�� OFFICIAL PUBLIC �ECO�DS QF REAL PROFERTY �1 j�'.�tf .��,�z_�� t: � � 20Q4 SEP 29 08:51 AM �0040G558� �tflYCUM_S �17.00 Mary Ann Dai91e .COUNTY CLERK GALUESTQ�I� TEXA� 11-794 esmt 1a M&B.doc