Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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,