The URL can be used to link to this page

Home My WebLink AboutDrainage Easement - Ryan Lee Dennard - 39 WINDSONG LN �� L�� DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That I, Ryan Lee Denn�rd (GRANTOR), being owners of the herein described property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollars ($10.00) cash to me in hand paid by the City of Friendswood, Texas, (GRANTEE) and for other good and valua.ble consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, retease, and forever quit-claim unto the said City of Friendswood, a municipal corpora.tion situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 7754b, its successors and assigns, a perpetual drainage easement, described by metes and bounds attached hereto as Exhibits "A" and made a part hereof for all purposes. This easement is granted for purposes including but not limited to construction, reconstruction, maintenance, repair, replacement or removal of drainage structures, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, sha11 have the right and privilege to enter upon the land eovered by the easement, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to and from said easement. Page 1 of 4 '.��. A°� '"°,y+.a,r4 a1 r".i�a_i.;.:.'iQ*, ,r.,,,.,,� . '��n G�f'C,. , ��.' ,., r. v.:�ii.. :'y Q��S. FflEni;.iY�'�0:_`: (�fIV° Ffi��l�:5'�,'d�i�, T�( 7%:�-;� �+�-�.ri� It is hereby understood, and by the acceptance of this instrument it is recognized,that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof for the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be pernussible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none of such operations sha11 be conducted so near the surface of said easement as to interfere with the intended use thereof or in any way interfere with, jeopardize or endanger the facilities of the City of Friendswood or crea#e a hazard to the public users thereof. Additionally, GR.ANTOR hereby grants, conveys, sells, transfers and confirms unto GRANTEE, its and their respective successors and assigns, a temporary construction easement 15 feet wide located along and adjacent to the permanen#easement described in Exhibit "A" and attached hereto for GRANTEE'S use in constructing its facilities. The temporary construction easement shall terminate ninety (90) days after the commencement of the construction and installation of GRANTEE'S facilities into the permanent easement described herein, but in any event shall terminate no later than December 30, 2005. GRANTOR retains right of ingress and egress over and across GRANTEE'S easement and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shali be placed in, on or along said easement. To have and hold perpetually, the above described property and easement for said purposes, together with a11 the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at a11 times, after doing any work in connection with the canshuction, reconstruction, repair, replacement or removal of said dra.inage structures, endeavor to restore said premises to the condition in which the same were found before such work was Page 2 of 4 �'....�' °-a� �':'""''°^', -�-�� h,..n� t,'�i��, �..:�i��,._ �1 �`�^S. Fri��n��LVC�..-i li�;�e Fr�e;�;:s�va��. iX Ii;�� i 4�� undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will not do any act that will be detrimental to said premises. Executed this�� day of �2c�c�---�re� , 2004. O Pri ed Name: Rvan Lee Dennard THE STATE OF TEXAS § § COUNTY OF��L �v��-UYI, § BEFORE ME, the undersigned Notary Public, on this day personally appeared a.� j��n av- , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIV N UNDER MY ��AND AND SEAL OF OFFICE THIS � DAY OF /�((' , A.D., 2004. i��,�C �•.,� RHONDAEUGENIABAKER NOTARY PUBLIC, in and for STATE OF TEXAS NOTARr PIIBLIC STATE aF TENAS �.,�� corriaaior Exri�Ea: NOVEMBER 3,2007 oF FR�E �s G TEE; City of riendswood ` ti � o � ` � O Kimball W. Brizendine * Mayor T . De oris City Secretary THE STATE OF TEXAS § § COUNTY OF � § SEFO �,n1VIE, the ersigned Notary Public, on this day personally appeazed �(�G , known to me to be the person whose name is subscribed Page 3 of 4 f,;, . . : , ", � �- ..._ y� �'.:�, G;t�. ��r�;`._ ,� °i,� S. FriEr��vc�� Dr;N� Fr�enc�;��Q�u. TX 7T:��i 4��'� to the foregoing instrument and acknowledged to me that he/a� executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND SEAL OF OFFICE THYS � DAY OF ��/In�/� ,A.D.,200� OTARY PUBLIC, in and for the STATE OF TEXAS Printed Name:��/"l�(�C„ �(�7� t�.('' My Commission Expires:�� AFTER RECORDING RETURN TO: City of Friendswood City Secretary's Office 910 South Friendswood Drive Friendswood, Texas 77546 Page 4 of 4 ��.�' �� `.�t"��' ��u� �,::f',' �ii'•. �;;Ci�:. ;"V °��S. Frien�sweod Dr;ve Fr�:�;.,.a��ro��. TX 71��6 4��i STATE OF TEXAS )( )� COUNTY OF GALVESTON )( BEFORE ME, the undersigned authority, on this day personally appeared, Kimball W. Brizendine, Mayor of the City of Friendswood, Texas, known to be the person whose name is subscribed to the foregoing instrument, Water Easement, 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 City. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 5tn day of January 20�5. � Lin S. Thornton :� � ' Notary Public in and for the State of Texas � .• � : . '�...' J 'F!y.� • :�,.., -� A'' ' , - My Commission Expires: 08/10/07 , x� `y,` ,, . _ ; . ,_.. "'r F�� , � " _ _ !; � ._>,�— , e " � ., . F� �'��; {SEAL) �,�,� �.�, w";:i� i�'. �� ',:" Cit';'S3vfc`..;Y � C1'i'? �j Fric('B�'J,yrn^:,-i C.,;in �� .. ._ . _.. ' � � _.-;t� '1�3:J� Page 5 of 5 • EXHIBIT 'A" TRACT.39 METES AND BOUNDS DESCRIPTION 7,352 SQUARE FEET OUT OF TRACT 39, WIDNSON43 SUBDIVISION GEORGE W. PATTERSON SURVEY, ABSTRACT NO. - 645 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 7,352 square feet out of Tract 39, \k indsong Subdivision (unrecorded) being part of the George W. Patterson Survey, Abstract Number- 645 and being out of that certain Tract 39 described in a deed dated 11-13-1998 from George Wood to Ryan Lee Dennard, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 98-57148, Film Code Number 013-11-1003 and being more particularly described be metes and bounds as follows (bearings based on the easterly line of Block 9, Section 3 Sunmeadow recorded in Plat Record 15, Map Number 38-39 Galveston Count: Map Records to be S 06° 15' 03" W per Texas State Plane Coordinate System, South Centra Zone(NAD 83); Beginning at a found 1/2"iron rod marking the northwest corner of said Tract 39; 1. Thence S 06° 15' 03" W — 245.09' with the west line of said Tract 39 and the east line of said Block 9, Section 3, Sunmeadow to a point for corner; 2. Thence N 87° 08' 31" E — 30.38' with the south line of said Tract 39 and the north line of that certain Tract 40 being described in a deed date 06-02-1997 from Andrew W. Komarchuk, et ux to David R. Dickens, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 97-43857, Film Code Number 012-16-1748 to a point for corner; 3. Thence N 06° 15' 03" E—245.09' to a point for .orner; 4. Thence S 87° 08' 31" W — 30.38' with the north line of said Tract 39 and the south line of that certain Tract 38 being described in a deed dated 10-13-1995 from Milton C. McQuillon to Jenne L. McQuillon as filed in Official Records of Real Property of Galveston County at Clerk's File Number 95-46013, Film Code Number 010-76-2344 to the POINT OF BEGINNING and containing 7,352 square feet cf 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 "CFeneral Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-793-WS-TR 39 M&B.doc 11-02-2004 11-793-WS-TR 39 M&B.doc Ann: City Ss:re ary 910 S, Friendswood Drive Fnenswood, TX 7/546 4850 FIIE� R�� E��h�E� OFFICIAL FLIBLIC RECORDS OF REAL PROPERTY f(�' �:.+�-�e�.t ��.: ' , � � 2005 FEH 01 10:47 AM 20050065?0 YOUNG_P' �24.00 Mary Ann Daiele aCOUf�TY CLERK GALVESTOI�� TEXAS