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HomeMy WebLinkAboutPublic Sidewalk Easement - Berkenmeier Properties, LLC - 1110 S Friendswood Dr AFTER RECORDMG,RETURN TO.- Pro-Surv,LLC P.O.Box 1366 wriendswood,Tx 77549 Attention: Tim Lesak, RPLS SIDEWALK EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GAL,VESTON KNOW ALL MEN BY THESE PRESENTS: THAT BERRENMEIER.PROPERTIES, 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 8-foot sidewalk. (the "Sidewalk") in over, along, upon, and across that certain 0.0283 acre (1,235.10 sq. ft.)tract of land, more or less ("Easement"), same being more particularly described in Exhibit "A" and shown in Exhibit both attached hereto and for all things made a part hereof. Grantor will construct the Sidewalk and upon completion, Grantor shall 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 claming or to clam the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty,when the clam 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 WITNESS WIMREOF,this Sidewalk Easement is executed by Grantor and Grantee to be effective as of this day of 1ILL2 2018. GRANTOR: BERKENMIEIER PROPERTIES, LLC, a Texas limited liability company By: ., Name: m u f e,.-- Title: ACKNOWLEDGMENT TII E STATE OF TEXAS § § COUNTY OF § BEFORE ME the undersigned Notary Public, on this day personally appeared 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 BERKENMEIER PROPERTIES, LLC, a Texas limited liability company, for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this day of `" ,2018. ON3 r Notary Publ th State of Texas DIMA DOLLAR My Commission Expires: f 6-?ary%blic,State of Texas b Hy Commission Expires 11-10.2018 �e i GRANTEE: x Kevin M.. l nd,Mayor Melinda Welsh, TRI\4tk ®.s•••°°°...... �� City Secretary ` '�`•°• • e THE STATE OF TEXAS ® �° ` •'® ® § F 'T 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 ,2018. _ 6 w � MICHELLE PERE Notary ID#12845085-2 Notary Public In and For the State of Texa4--) # * NOTARY PUBLIC STATE OF TEXAS OF My Comnssbn Expires,11-18-2018 My Commission Expires: ADDRESS OF GRANTEE: City of Friendswood, Texas 910 South Friendswood Drive Texas 77546 Friendswood, 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. 2015032002 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"Securi, 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. CITY BANK, a Texas state charter bank r By: Printed Name: 01014A.K E' Title: VIP STATE OF § COUNTY QE T is instrument was acknowledged before me n 2018, by W1, of, a Texas state charter bank,on behalt of said state arter bank. a ublic, State of My Commission Expires JOYCE ANN FELON ©.• •-<--S Notary Public,state of Texas • Comm. Expires 12-02-2020 ��'�TF•�F•����® Notar ID 2394992 EXHIBIT" " Exhibit"W! 11 E 0-foot-wide Sidewalk Easement: A tract of laid containing 235.10 feet ;l rr ,rtloi' or ies 1N st-de aWeasement along the northeasterly property 111ne of a Gaffed.3;665 acre tract out of Lot 1,,13Ibck 11 of Cowards Creep office Park,a subdiVision'plat of record at Plat.Record 18,Map Number 798.0f the Galveston County Map. said.3.665 acre tract being'.recorded in Clerk's File No.2015032002, County Clem Records of Galveston-,County Texas,said easement being further described by metes and bounds as.follows COMMENCING at.a 5/8 inch iron rail found at the north corner of said Lot 1,said point also being at the intersection of the southwesterly lire of South Friendswood give with the southern line of Shadwell Lane; WHENCE Southerly,with the said southwest line of South friendswood Onve,along a curve to the right homing a radius of 904,93 feet with a chard that bears South 18°28'45"East 227y30 feet for a curve � distance of 227090 feet to a 112 inch iron rod found at the point of curvature,- TH ENCE-South 11°15'52"East,continuing along said line of South Friendswood Drive,a distance of 209.52 feet to the POINT OF BEGINNING of the herein described easement tract; t V i TH ENCE continuing South V1S'52"East,a distance of 12:331 feet to a point for corner for said easement tract:; i THE IC C3 'X'H $9 4_' "�fest,departing said South.Friendswood Drive,a distance of 10.001.feet to a point for corner for said easement tract; TH ENCE E North 11015520 est,_a dista rice of 123,51 feet tq a point for comer for said easement tract; THENCE North 78°44'08"East,a.distance of 10600 feet returning to the POINT Or BEGINNING of the. herein described tract of land,and containing 0.0283 acres of land(1123510-square feet)of land,more ar less. See*Projeet#PSU-01242 for drawing of above desalbed side,walk easement as prepared by Pro-Sure LLC.,PA Box 1366,.Hendswood,Texas,77546,Phony(281).996-1113: 1mothv A Lesak,RPLS 6052 I Sleet:2��2 ���t_�Lr3 T���hti V� G► ' rrr+r ter♦r+•rwa i-+r♦:M•.r �. Y1140TW. A, LESS Ra•a•r-i-f r>r•..•a w..:Ar ria 1 J C I' i i I -----------...... --------- THIS SKETCH IS INCORPORATED BY REFOIDICE AS A PART OF A 10 r SK"AU(EAWAENT $CAU OF At TWOTHY A. LESAK 6 52 ir%-1� 1110 SOUTH FRIENDSWOOD DRIVE 0 (FM, 5:18) (R.O.W. VARIES.) S 11"151W E 15tte r FAK 3,51* 20444� FA S 11 1 "leS2*E 2 PA So 7V40e W -lavid W*01hirigVM83 ftra(1,23S.10 At*daf I'll .10L square feet)of land,more car less,SEING A F N 11*1V5e w sinew-akemmm along thorto"heaterIf pm Petty 11ne of a c;31dw+3.665 ire gait out of koti,61tN*1, of Cb"rds Creek C"i*P ,-a wbdM.0on plat of record at Plat Rewrd 18,Map Number 798 of PROPOSED40F SOMMX USEM the lGahmsWn-Coonty Map Retords;soW +"S 1235,10 WARE FEET acf*tract being recorded to Cte*s File No. (0.020 ACKS) 2015032007,County Clerk Recorft ofGalvemn CbunM Texas,said easement beingforther daulbed by metes and bounds as attached, .3.665 ACRES (159,466 SQ. ADDRESS PT LOT 1, BLOCK 1 1110 SLOTH` FRIENDSWOOD DRIVE' COWARDS CREEK OFFICE PARK C.F.#2015032003 DATE 02/07/2018 PPIO-SURVF LLC YV Ow fPJrN"mfxm1 PRONE.,M- -1114 AAX-N1-W,&-W12 SHEET I OF 2 EASEMENT EXHIBIT FILED AND RECORDED Instrument Number: 201014725 Recording Fee: 50.00 Number Of Pages:8 Filing and Recording Date: 03/13/2018 9:47AM 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. or ZZ Dwight Da Sullivan,,- County Clerk `cry G��'' Galveston County, Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record.