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HomeMy WebLinkAboutDrainage Easement - Dominey, Robert Sunmeadow - 709 Doral Court � - GflC ��������G� � ��� � DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That UWe, Robert Dominey (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 valuable considera.tion, 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 Hatris 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 Exhibits "A" and made a part hereof for a11 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, shall have the right and privilege to enter upon the land covered 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 1 .�� 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 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 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 co�rms unto GRANTEE, its and their respective successors and assigns, a temporary construction easement 15 feet wide located atong 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 sha11 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 sha11 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 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 Page 2 of 2 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 � 2005. GRANT R ` Printed Name: v � Printed Name: THE STATE OF TEXAS § § COUNTY OF �/a,t�V��� § BEFORE ME, the undersigned Notary Public, on this day personally appeared �BE��mr�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. GNEN UNDER MY HAND AND SEAL OF OFFICE THIS � DAY �F ,A.D.,2004. , NOTARY P LIC, ST E TEXAS ,�'�" WENDY LOUISE KINGERY Printed Name: ���J,�y,��,ul�;�i�;t/ �'��' NOTAR�I MIBI.IC BTATE OF IEXAs • corr�aa►or��r�RE�: My Commission Expires: /�/,Z�OSS ��''`� NOVEMBER 12,200d GRANTEE FR�EIy� For ity of Friendswoo � o� �� � ` . � o Mayor Kimball W. Bri endine � v ATTEST: * * � A4 �+P� De oris McKenzie, T C City Secretary Page 3 of 3 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 22nd DAY OF February .A.D.,20 0� . n '�� ��' 1��J` NOTARY PUBLIC, in and for the �� ;= ��.-';�;; .��.�, �� � �:_�:'� STATE OF TEXAS , J . ' �', i` , - � Printed Name: Linda S. Thornton ,�, ;, , _ }���� '.���.`� My Commission Expires: nR�i�,��� _ AFTER RECORDING RETURN TO: __�;,';- `'�` .�r, a.,t� �� City of Friendswood c/o CITY SECRETARY 910 South Friendswood Drive Friendswood, Texas 77546 Page 4 of 4 � ' EXHIBIT "A" 709 DORAL COURT DRAINAGE EASEMENT DE-2 LOT 37, BLOCK 9, SECTION 3 SUNMEADOW Seventeen (17) feet wide drainage easement located easterly of and adjoining a portion of the west line of Lot 37, Block 9, Section 3 Sunmeadow according to the plat thereof filed in Plat Record 15, Map No. 38-39 Galveston County Plat Records with said portion being between the right-of-way line of Doral Court and the rear 16' utility easement and containing 1,698 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-DE-2 709 Doral Court M&B.doc 11-15-2004 �ILE� �� �E�O��E� OFFICIAL PUBLIC RECORDS OF REAI.. PROFERTY l{��t� .��'t_�t�t• .�. � � 2005 FEB 28 11:14 AM 200501�065 YDU�lG_P �22.00 Mary �n Dai91e ,COUNTY CLERK GRLVESTON� TEXAS i1-793-DE-2 709 Doral Court M&B.doc