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Home My WebLink AboutDrainage Easement - JOSEPH D. LUNDAY - 114 LOTTIE LN ° i�(��' ��;�u�u�;�;��4 � F�� ,w . DRAINAGE EASEMENT -'�� ' f`�`��`'. v � �c� � . o�'��'� � THE STATE OF TEXAS § � ��'� ,, § KNOW ALL MEN BY THESE PRESENTS: �,�� ;J�' COUNTY OF GALVESTON § � ,�� . C� > . ��._r THAT JOSEPH D. LUNDAY ("Grantor"), for and in consideration of the growth, the requirements, and the benefits to accrue to die 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 prevern 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 royalry 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: Joseph D. Lunday 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 lP day of � � , 2004. GRANI'OR: Joseph D. Lunday By: ✓� Name• Titl . ADDRESS OF GRANTEE: GRANTEE: City of Friendswood, Texas City of Fr'endswood � 910 South Friendswood Drive � Friendswood, Texas 77546 By: �. . o�T� co�ncr� � Name: I�y�C� L L ��/1.! Z�'�f�t�l.0 fl__ �, me�o � � Title: ,�� V �%Z. ry Public ATTEST: , B �✓' ZL- � � . �,x�w ONDA ENIABAKER y� `� _*;��°, NOTARY PUBLIC S o��us Deloris McKenzie, TRMC @ +�; corr�sslON EX Es: Ciry Secretary � _`� NOVEMBER 3,2007 2 ACKNOWLEDGMENT 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 s scribe to the foregoing instrume t, 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 (D day of 2004. ��2 G�� ,�„�� RHONDAEUGENIABAKER Notary Public In and For the State of T xas ��``�°, NOTARYPUBIICSTAIEOFTEXA3 My Commission Expires: � *� *' COMMISSIOM EXPIRES: •• °o �� NOVEMBER 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 instrumPnt, and ack.-�ow�edged to m.� 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. G VEN UN ER MY HAND AND SEAL OF OFFICE on this � � day of 2004. ,�,a�� RHONDA EUGENIA BAKER ?��1-.�;t, NOTARYPUBLICSTATEOFTEXAS Notary Public In and For the State of Texas .�� COMNISSION EXPIRES: NOVEMBER 3,Zoo� My Commission Expires: �� 02� (SEA 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. � Notary Public In and For the State of Texas '�'x'�"�`�"�'°"�°'°p My Commission Expires: ��3-o2GY>7' o,,e:�c<�;., RHONDA EUGENIA BAKER �SEA �ti*; NOTARYPUBLICSiATEOFTEXA3 '�?��r' COMMISSION EXPIREE: �:F..'�.� 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. GIVEN 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 3A GENER.AL DESCRIPTION Five (5) feet wide easement located northerly of and adjoining the entire northerly line of a six (6) feet wide utility easement which is located northerly of and adjoining tY�e southerly line of Lot 8, Block 1, Annalea Section One Replat according to the plat thereof filed in Plat Record No. 1, Map No. 12 Galveston County Map Records Compiled by: C.L. Davis & Company Job Number: 11-794 esmt 3a M&B.doc 07/16/2004 �'ity o,f'Friendswoo�d 91G South Friendswood Drive �v e�0� Friendswood, Texas 77546-4856 (1LCll t�i��J�J f�tC��llC1�i OFFICIAL PUBLIC RECOFcDS OF REAL Pf�OPERTY �� .�.�:�.�� .��: ��- � � 2004 SEF �9 08:51 AM �0040G55B4 MAYCU�i_S �17.OQ Mary Ann Dai91e }CQUNTY CLERK GALVE�TONa TEXAS 11-794 esmt 3a M&B.doc