The URL can be used to link to this page

Home My WebLink AboutDrainage Easement - Ronald D. Davis - 33 WINDSONG LN G4� ��6� G �� DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That UWe, Ronald D. Davis (GRANTOR), being oumers of the herein described property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollazs ($10.00) cash to me in hand paid by the City of Friendswood, Texas, (GRANTEE) and for other good and valuable consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, release, and forever quit-claim unto the said City of Friendswood, a municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 77546, its successors and assigns, a perpetual drainage easement, described by metes and bounds attached hereto as E�ibits "A" and rnade a part hereof for all purposes. This easement is granted for purposes inciuding but not limited to construction, reconstruction, maintenance, repair, replacement or removal of drainage structures, subject oniy to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the easement, and all premises adjacent ta the outside boundaries of said easement, to the extent necessary and at any tune that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the locatian, construction, reconstruction, maintenance, replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to and from said easement. It is hereby understood, and by the acceptance of this instrument it is recognized,that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof for Page 1 of 4 �t€�"� �i '��''�"��°:W'�"d1 : ��m Car�S��r�t��y �1�$, FPle�d�woad Dr�v� �r��ndswo�d, tx 71�4a 4&5� 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 are 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 surfaccF; 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 E�ibit "A" and attached hereto for GRAN'TEE'S use in constructing its facilities. The temporary construction easement shall ternunate ninety (90) days after the commencement of the construction and instaliation 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 shall 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 a11 times, after doing any work in connection with the construction, reconshuction, repair, replacement or removal of said drainage structures,endeavor to restore said premises to the condition in which the same were found before such wprk 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 said premises. C,�'�` `"� �i: '�• °�� .. . _ �,„ nAn . ,;.. ��t''�_'.'�;� _ Paqe 2 of 4 ��S F�I�f1G:;WQO�� F ri;;;1�S�vGO�. i X 71545 �� Executed this � �� day of •��C�.'n h��' , 2004. GRANTOR`%�J � �� i�� Printed Name: iZ�•2 ��—- ' ��s Printed Name: THE STATE OF TEXAS § § COUNTY OF G��'G� s�rt § BEFORE ME, the undersigned Notary Public, on this day personally appeared R o n� 17 . 1�A J t S , 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. �VEN UNDER MY HAND AND SEAL OF OFFICE THIS _� DAY OF F��rw.��- , A.D., 2004. NOTARY PUBLIC, in and or E OF TEXAS 9, CHERRY B. RAMIREZ NOTARY PUBIIC � srnre oF rexAS Printed Name: C��-� Q-A—�►'► �'� 2• s� MY COMMI$$ION E%PIRES � " NOVEMBER 10, 2005 My Commission Expires: l I 10 �o,$ G NTEE; City of Frien wood ` . • � � Kimball W. Brizendine Mayor THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, 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/she executed the same for the purposes and consideration therein expressed. Page 3 of 4 G��1'' �� 'a�'��r��'-0`.W�.�I A,.r�. Cir,�Secr�`�:y �1(3 S. Frien�swQO� Drive Fnen�s�voo�, TX 11�46 �+85� GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS stn DAY OF JanLar� ,A.D., 20� 5. � " ;,'�� NOTARY P LIC,in and for ST TE OF TEXA.S :.� � � `s�AL_ =� � � : Printed Name: Linaa s. Thornton � � �, My Commission Expires: os/lo/o� ? :,�;:� ` ..: ;,� ;�, AFTER RECORDING RETURN TO: City of Friendswood ; �,;;.. �s'�� Attention City Secretary t��E',�'' `` 9 i 0 South Friendswood Drive Friendswood, Texas 77546 Page 4 of 4 /a �{ �r�F�,�a�o•.r6� �/'x..�i �J� ��t`a-�i.`�.��,t.yS'`r�a.a'TJ' at►tn: ��t°��Wcre�:;,y 91Q S. Fri�nci��otl�r�r� Fr��ra��rcro�. x� 71��-4�`d Li��.� � , ` � EXHIBI; °`A" TRACT 33 METES AND BOUNLS DESCRIPTION 4,000 SQUARE FEET OL'T OF TRACT 33, WINDSO1�dG SUBDIVISION GEORGE W. PATTERSON SURYEY, ABSTRACT NO. - 645 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 4,000 square feet out of Tract 33, 9dindsong Subdivision (unrecorded) being out of George W. Patterson Survey; Abstract Number — 645 and being part of that certain Tract 35 described in a deed dated 07-14-1982 from J. W. Lowes, III, Trustee to James Leavesley, et ux as filed in Official Records of Real Property o'� Galveston County at Clerk's File Number 82-20172, Film Code Number 001-77-0334 and b�ing 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 �ystem, South Central Zone (NAD 83); Beginning at a point marking the southwest corner of said Tract 33; 1. T��°nce S 83° 26' 30" E — 200.00' with the sauth line of saic' Tract 33 and the north line of said Block 9, Suruneadow, Section 3 to a point for corner; 2. Thence N 06° 19' 24" E — 20.00' with the west line of that certain 20' drainage easement filed in Official Records of Real Property of Ga.lveston County at Clerk's File Number 92- 12924, Film Code Number 008-10-1459 to a pc�int for corner; 3. Thence N 83° 26' 30" W—200.00' to a point fcr corner; 4. Thence S 06° 19' 24" W — 20.00' with th� west line of Tract 33 to the POINT OF BEGINNING and containing 4,000 square feet��f 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 "�3eneral Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number. 11-793-WS-TR 33 M&B.doc 11-15-2004 (��a�' Q� ��a�:�,`�°��z�:� Att�: C`f�Se�r�i��y ��S, Fri�n�swo�� Dr�ve �r►��1�dwb��, fiDC �l�4fi�4� 11-793-WS-TR 33 M&B.doc ��L�� 11� ��L� � �FICIAL PUBLIC RECORDS OF REAL PROPERTY 1 ! 1��J Y�.r��• �1.� • . t 1 � �K. 2005 FEB 01 10:44 Ahf �0050065�� YOUNG_P �22.00 Marv Ann Daiele aCOUNTY CLERK GflLUESTON� TEXAS