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Home My WebLink AboutDrainage Easement - Eleazar Rios - 37 WINDSONG LN �� L��V�� DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That UWe, Eleazar Rios (GRA.NTOR), being owners of the herein described property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollazs ($10.00) cash to me in hand paid by the City of Friendswood, Texas, {GRANTEE) and for other good and valuable consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, release, and forever quit-claim unto the said City of Friendswood, a municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 77546, its successors and assigns, a perpetua.l drainage easement, described by metes and bounds attached hereto as E�ibits "A" and made a part hereof for all purposes. Tlus easement is granted for purposes including but not limited to construction, reconstruction, maintenance, repair, replacement or removal of dra.inage structures, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the easement, and a11 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. It is hereby understood, and by the acceptance of this instrument it is recognized,that GRANTOR retains title to a11 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 Page 1 of 4 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 permissible so long as all surface operations in connection therewith aze located at a point outside of the above described easement, and upon the condition that none of such operations shall 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 create a hazard to the public users thereof. Additionally, GRANTOR 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 permanent 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 sha11 be placed in, on or along said easement. To have and hold perpetually, the above described property and easement for said purposes, together with all 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 all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said drainage structures, endeavor to restore said premises to the condition in which the same were found before such work was 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 saad premises. Executed this � �� day of �.�'cr��-� , 2004. GRANTORS: �� ' Page 2 of 4 Printed Name: Eleazar Rios Printed Name: G TEE; City of Frie swood � � y Ki ball W. Brizendine Mayor THE STATE OF TEXAS § § � COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared ELEAZAR ROIS , 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 8th DAY OF Decemb� , A.D.,2004. ��' ��,J � � � ;-.�:�� _' � :• .- , " NOTAR U LIC, in and for the STATE OF TEXAS . - r`.�� "?. `�� ` Printed Nan1e: Linda S. Thornton My Commission Expires: 18/10/0� THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Kimball w. Brizendine , �own 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. GNEN UNDER MY HAND AND SEAL OF OFFICE THIS 5tn DAY OF January ' � , '_ ,A.D., 2�Oa � �' ,,....,..�, � •;\,,. � ' �� ` �' - NOTARY U LIC, in and for the STATE OF TEXAS ��aEAr�� ;"' c` + ' � f`)�' ��-.,' , Page 3 of 4 ; �>. � . ... i Printed Name: Linda S. Thornton My Commission Expires: os/lo/o7 AFTER RECORDING RETURN TO: City of Friendswood Attention City Secretary 910 South Friendswood Drive ,.t t -_�� Friendswood, Texas 77546 . �- Page 4 of 4 • EXHIBIT "A" TRACT 37 METES AND BOUNDS DESCRIPTION 7,352 SQUARE FEET OUT OF TRACT 37, WINDSONG SUBDIVISION GEORGE W. PATTERSON SURVEY, ABSTRACT NO. - 645 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 7,352 square feet out of Tract 37, Windsong Subdivision (unrecorded) being part of the George W. Patterson Survey, Abstract Number — 645 and being out of that certain Tract 37 described in a deed dated 12-01-1980 from Jerald Grimes, et ux to Eleazar Rios, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 81-00157, Film Code Number 001-01-0460 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 County Map Records to be S 06° 15' 03" W per Texas State Plane Coordinate System, South Central Zone(NAD 83); Beginning at a point marking the northwest corner of said Tract 37; 1. Thence S 06° 15' 03" W — 245.09' with the west line of said Tract 37 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 37 and the north line of that certain Tract 38 described in a deed date 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 a point for corner; 3. Thence N 06° 15' 03" E—245.09' to a point for corner; 4. Thence S 87° 08' 31" W — 30.38' with the north line of said Tract 37 and the south line of that certain Tract 36 described in that certain deed dated 04-06-1972 from Alfred W. O'Farrell, et al to Joe Winston Campbell, et ux filed in Volume 2255, Page 611 Galveston County Deed Records to the POINT OF BEGINNING and containing 7,352 square feet 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 Job Number: 11-793-WS-TR 37 M&B.doc 11-02-2004 11-793-WS-TR 37 M&B.doc FIIE� �� EC��E� OFFICIflL PUBLIC RECORDS OF REAL PROPERTY �G� ��•�2,c �^-�... �'' � �005 FEB 01 10:44 AM 20050065b6 YOUNG_P �22.00 Mary Ann Daiele �COUNTY CLERK GALVESTONa TEXAS