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HomeMy WebLinkAboutSidewalk Easement - LT-CN Friendswood, LLC - 1729 S FRIENDSWOOD DR AFTER RECORDING,RETURN TO: Munch Hardt Kopf&Harr,P.C. 500 N.Akard, Suite 3800 Dallas,Texas 75201 Attention: David Coligado SIDEWALK EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § KNOW ALL MEN BY THESE PRESENTS: THAT LT-CN FRIENDSWOOD, LLC, a Texas limited liability company("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid to Grantor by the City of Friendswood, Texas, a home rule municipal corporation of the State of Texas ("Grantee"),the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto the Grantee,its successors and assigns, a perpetual easement for the purpose of maintaining a 5-foot sidewalk (the"Sidewalk") in, over, along,upon, and across that certain 0.0219 acre(954 sq. ft.)tract of land, more or less ("Easement"), same being more particularly described in Exhibit "A" and shown in Exhibit `B", both attached hereto and for all things made a part hereof. Grantor will construct the Sidewalk and upon completion, Grantor shall have not responsibility with respect to maintenance of the sidewalk. Grantee will be responsible for the repair,maintenance and replacement of the Sidewalk and operate thereon all necessary machinery and equipment to efficiently repair,maintain and replace the Sidewalk. Grantor retains,reserves, and shall continue to enjoy the use of the surface of the Easement property for any and all purposes which do not interfere with or prevent the use by Grantee of the Easement for the purposes stated herein, and Grantor will not erect or maintain any buildings or other structures or obstructions or driveways on or over the Easement tract. This conveyance is expressly made subject to any and all restrictions, mineral and/or royalty reservations,covenants,and easements appearing of record relative to the Easement,but only to the extent that the same are still in force and effect and enforceable against the same. The Easement, along with all rights and privileges relating thereto, shall terminate when the Easement,as described above,is abandoned by 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. Grantor has been duly organized and is in good standing under the laws of the state of its organization. Grantor has the legal right and authority to transfer and convey this Easement to Grantee. [Signature pages follow.] IN WITNE WHEREOF,this Sidewalk Easement is executed by Grantor and Grantee to be effective as of this 6 day of UQ-r, ,2018. GRANTOR: LT-CN FRIENDSWOOD, LLC, a Texas limited liability company By: — P.-Ou Name: Ri ARb TUPZD'tm Title: MA%WPubG' - ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF MLL-I S § ,/� BEFORE ME, the undersigned Notary Public, on this day personally appeared 0—W Aft 1VRU ITT ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of LT-CN FRIENDSWOOD, LLC,a Texas limited liability company, for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this IgWday of ,2017. ..� SUSAN WIII(ARI Notary Public In and For the State of Texas +o�;•'�,4� Notary Public STATE OF TEXAS • .. ID#131145038 My Commission Expires: M Ay 251 202 °' Comm.P2.Ma 25 2021 GRANTEE: � r ■ "" rr " Kevin M� and,Mayor Melinda Welsh,T City Secretary ■If ;v • ■ • . (P * • THE STATE OF TEXAS § '•9� '••......• 'QC7• COUNTY OF GALVESTON § BEFORE ME,the undersigned Notary Public, on this day personally appeared Kevin M.Holland, as Mayor of the City of Friendswood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the City of Friendswood, for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this ? day of q U ,2019. MICHELLE PEREZ Notary ID#12845085-2 Notary Public In and For the State Texas + * NOTARY PUBLIC STATE OF TEXAS q 1 My Commission Expires.11-18.2018 My Commission Expires: I l ADDRESS OF GRANTEE: City of Friendswood,Texas 910 South Friendswood Drive Friendswood,Texas 77546 CONSENT OF MORTGAGEE The undersigned, being the present legal and equitable owner and holder of'a deed of trust lien against the Easement,property described.in the foregoing Sidewalk Easement(the "Easement") pursuant to a deed of trust recorded under County Clerk's File No. 2017034981 of the Real Property Records of Galveston County, Texas-(said deed of trust and all such other documents and.instruments evidencing or securing the indebtedness secured thereby are collectively referred to herein as the"Security Documents" and all liens, security interests, assignments and all other encumbrances effectuated by the Security Documents are collectively referred to herein as the "Security Liens'), does hereby join in the execution of this Agreement for the limited purpose of confirming and agreeing that .(a)the execution and recordation of the Easement shall not constitute a default under any of the applicable Security Documents and(b)the Security Liens shall in all things be subject to the terms,provisions, covenants and conditions set forth in the Easement. SOUTHSIDE BANK, a Texas state charter-bank By: .Gl Printed Name: Title: Sew.;. f✓«� �n.�i � STATE OF COUNTY OF Ta Ir Pt § This instrument was acknowledged before me on b e G$Y►' loe q 2017, by M 1 elh a-il f a m 1 ara— the ;en i D r V! le- l d ►�I of Southside Bank,a Texas state charter bank, on behalf of said state charter bank. Notary Public, State oir My Commi sion Expires: a�p� MARY JOY F BARNES _�;'''';� Notary Public *' '* STATE OF T8XAS ". •�" ID#12918352-3 M him:6x : t.29 2 EXHIBIT"A" TERRR30�IW1Rfl]rtie,Sfui�2�19 - T®�T1�L-(1`�Il3���.'iM'-I�t9g SURVEYING COMPANY, INM NIETFS AND BOUNDS DESCRIPTION PROPOSED 5-FOOT SIDEWALK EASENMNT 0.0219 ACRE(954 SQUARE FEIa'i') OUT OF RESERVE"C",BLOCK 1, PARTIAL REPLAT HOWARD SUBDIVISION SARAH McMSSICK LEAGUE,ABSTRACTNUMBER 151 CITY OF FRIE1 DSWOOD,GALVESTON COUNTY,TEXAS Page 1 of 2 Being an easement tract or parcel,containing 0.0219 acre(954 square feet)of Iartd situated in the Sarah McKissick League,Abstract Number 151,City of Frdendswood,Galveston County,Texas, and being part of and out of Reserve "C"; Block 1, PARTIAL REPLAT I40WARD SUBDIVISION,a plat of subdi Won recorded under Clerk's File Number(C.F N)2017058432, Offiaa1 Public Records oft Avestan County,Texas(O.P.R.G.C.);also being part of and out of that certain called 1.090 acres described in deed to LT-CN1 Friendswood,LLC,as recorded under C.F.N. 2017034980, O.P.R.G.C.; the herein described 0.0219 acre easement tact being more particularly described by metes and bounds as follows(bearings herein are grid bearings based on the Texas State Plane Coordinate System(NAD 83), South Central Zone Number 4204, as depicted on Enid plat of subdivision): CON54ENCING at a 518-inch iron rod with cap found it the northeast right-of-way(R.O.W.) Hue of Farm-to Market Road 518,a public R.O.W.,also known as South Friendswood,Drive and based on a 140-foot width, as widened under C.F.N. 8114308 and 8114313, Official Public Records of Real Property of Galveston County,Texas;said iron rod also marking the common comer of Reserves"C"and"E"of said Block 1,the west corner of that certain oiled 4.372 acres described in deed to Leisue Lane LLC, as recorded under C.F.N. 2017029384 and corrected under C.F.N.2017037303,O.P.R.G.C.,and marking the south comer of said 1.090 acre tract; thence: North 41°35'09" East, departing said northeast R.O.W. line with the northwest line of said 4.372 acre tract,the southeast line of said 1.090 acre tract,and the common line of said Reserves"C"and"E",a distance of 10.01 feet to the POINT OF BEGIIMNG and most southerly comer of the heroin described easenvent tract; THENCE,North 4544555"West,across said 1.090 acre tract and said Reserve"C",and along a line 10.00 feet northeasterly of and parallel with the northeast R.O.W. line of said South Friendswood Drive,a distance of 190.86 foot to a point in the southeast line of that certain called 3.705 acres described in deed to Texas Citizens Bark, N.A., as recorded under C.F.N. 2010050968,O.PJL0.C.;also being in the common line of Reserves"A"and"C"of said Block 1 and the northwest tract;of said 1.090 acre track and bang the most westedy corner of the herein described easement tract; METES AND BOUNDS DESCRIPTION PROPOSED 5-FOOT SIDEWALK EASElw1ENT 0.4219 ACRE(954 SQUARE FEET) OUT OF RESERVE"C",BLOCK 1, PARTIAL REPLAT HOWARD SU'BMISION SARAH MOKISSICK LEAGUE,ABSTRACT NUMBER 151 CITY OF FRIENDSWOOD,GALVESTON COUNTY,TEXAS Page 2 of 2 THENCE,Forth 41°56'18"East;with the southeast line of said 3.705 acre tract,the northwest line of said 1.090 acre U=4 and the common line of said Reserves "A" and "C",a distance of 5.00 feet to the most northerly oomer of the h=k described easement tract; THEMCF,South 45°45'55"East,across said 1.090 acre tract and said Reserve"C",and along a line 15.00 feet northeasterly of and parallel with the northeast R.O.W. line of said South Fr1andswood Drive,a distance of 190.83 feet to a point in the northwest line of the aforesaid 4.372 acre pct,the common line of said Reserves "C" and"E",and tho southeast line of said 1.090 acre;also Ding the most easterly corner of the herein described canment tract; THENCE,South 41°35'09"West,with the northwest line of said 4.372 a=#ratty the southeaA line of said 1.090 acre tract,and the common line of said Reserves "C"and"E",a distance of 5.00 feet to the POINT OF BEGlC KING, And containing 0.0219 acre (954 square feet) easement tract oflanrL Corners of this proposed easement were not staked on the ground. There also.exists a separate drawing exhibit of this proposed easement prepared by Tetra Surveying Company,Inc.,under Project Number 1617-1632-S,of oven date. Compiled by:Scott Mandeville T=a Surveying Company,Inc. 3000 W'ilcrest Drive,Suite 210 Q ccw Houston,Texas 77042 44611"' 713-993-0327 � o rya�u� EXHIBIT"B" ' RESER V E pYN1 I I — — BLOCK 1 I I �" I pAg R BLOCK 1C� �+ I Lu O w I ucsseesur. �'U AMP" i C� O ( I aua tj 4 vam I i dw$ CALL 1.OA0 AC. 0 I I LT-CN FRIENDSWOOD,LLC `d i CY.N.2M70349e0,a.P.rta.Q a!!; r i Proposed 5'SidewaAc Easement n B 0,0219 ACRE $0,Ff.) t3 345,45W& 95083 �'- L3 I Point of anv�a,. ' Beginning t9aW 1vWLJ._wa F.M. 515(14o,Public As� cFR.O W,) S –Fd`nd-s—wo aFd►�©'–r ive Point of v 8114,709 r PG'C' Commencing tIAQ TABLE RW 6ff1N.W CAP L Pt4 ntSTAHC El wa� AN EXHIBIT OF A PROPOSED �9 Na1',MW a E 10.09' S-FOOT SIDEWALK EASEMENT La 5rOd La S 4l'3n`W 0.0219 ACRE(954 So.FT.) OUT OF RESERVE'C" BLOCK 1, U 40 80 120 PARTIAL REPLAT HOWARD SUBDIVISION SARAH WKISS1CK LEAGUE,ABSTRACT NO.151 SCALE:9'=q- CITY OF FRIENDSWOOD Q;ALVESTON COUNTY,TEXAS 3a� 2,4 TERM HOUSTON, SURVEYING CO.,INC. PHONE(793)993<W DRAWN BY: SDM SCALE, V=40' PROdELT 1617-IMS REV DESCRIPTION BY DATE APP APpoBY:dl*,, KEYmAp: 867.E I PAGE 9 OF 2 PAGES FILED AND RECORDED Instrument Number: 2018004424 .Recording Fee:- 54.00 Number Of Pages:9 Filing and Recording Date:-01/23/2018 10:42AM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in'the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. E. . . . > Dwight D. Sullivan,_County Clerk 'oF G��` ` Galveston County, 'Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record,