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HomeMy WebLinkAboutSidewalk Easement Dedication - SJ Parsons Investments, LLC - (Lary's Florist Site) - 315 S FRIENDSWOOD DR AFTER RECORDING9 RETURN TO: Pro-Surv,LL P.O.Box 1366 Friendswood,Tx.77549 Attention: Tim Lesak,RPLS SIIDEWALK EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY TBESE PRESENTS: COUNTY OF GALVESTON § KNOW ALL MEN BY TEESE PRESENTS: THAT SJ PARSONS INVESTMENTS, 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 GRAVE, SELL, and CON-VEY 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 0.0213 acre (928.94 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 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. J 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 ATE 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.] t IN TNTS �' OF, this Sidewalk Easement is executed y Grantor and Grantee to e effective as of thiy of s gad 52018. GRANTOR: SJ PARSONS INVESTMENTS, LL C, a Texas limited liability company { By: Name: CQ ti's Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF r d4 T BEFORE MT the undersigned Notary Public on this day personally appeared known to me to be the person Those name is subscribed to the L�� p foregoing instrument, and acknowledged to me that he executed the same on behalf of SJ PARSONS INVESTMENTS, LL , a Texas limited liability company, for the purposes and consideration therein expressed. GIVEN under my hand and seal of office,this day of , 2018. f r ` L y ��,,, BETNAUIE A. � �.IER Z_Publisc In and For the State f Texas �'�•' "`"= Notary Public,state of Texts F • My Commission Expires . February 23 2a 4 mmislon Expires. GRANTEE: aP r Kevin M. Hol nd,Mayor Melinda Welsh, TR.M -� ••°` •;°•. y '� ° A AM • City Secretary `'°. ,• • • • • • . ffi 04 + ° ®t THE STATE OF TEXAS ••° . °. § OF-To�0 COUNTY OF GALVESTON § eta 6468666 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. MICHELLE Notary ID#12845085-2 Notary Public In and For the State of Tex s * NOTARY PUBLIC STATE of TEXAS y Common Ex" � �" 8 My Commission Expires: ADDRESS OF GRANTEE: City of Friendswood, Texas 9 10 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. 2015065336 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. HOMETOWN BANK,NATIONAL ASSOCIATION By: Printed Name: A Ile? &Tnvs-rA Title: Uta' , Aes STATE OF COUNTY OF co § This 1 trument was acknowledged before me on 2018, by (C4 f the 016,1d4-� o f Hometown Bank,National Association. Notary ublic, State use My Commission Expires Ry 0 el OF go 0 EXHIBIT 6699 Exhibit"'A" 8 foot wide Sidewalk Easement, A tract of land containing 0.0213 acres(928,94 square feet)of land,more or less, BEING AN 8 FOOT sidewalk easement along the southwesterly property line cif a called 1.5189 acre tract,lying within a within.said 1.5189 acre tract of land,being a portion of Lot 9,Block 2 of FRIENDSWOOD SUBDIVISION, said 1.5189 acre tract being recorded in Clerk's File No.2015065336,county clerk records of Galveston County,Texas,said easement being further described by metes and bounds as follows; BEGINNING at a%x inch iron rod found at the intersection of the northeasterly line of South Friendswood Drive,with the southeasterly line of Magnolia Street,and being the most westerly corner of the aforementioned 1.5189 acre tract of land; THENCE North 45°0.1'17"East,along said line of Magnolia Street,a.distance of 8.00 feet to a point for corner of the herein described easement tract; THENCE South 44°47'40"East,departing said Magnolia Street,a distance of 116.12.feet to a.point for corner; THENCE South 45°01'54"West,a distance of 8.00 feet to a point for corner for said easement tract,lying in the northeasterly right of way line of Friendswood Drive; THENCE North 44'47'40"West,a distance of 116.12 feet to the POINT OF BEGINNING of the herein described tract of land,and containing 0.0213 acres of land(928.94 square feet)of land,more or less} See Project#PS1705288 for drawing of above described sidewalk easement as prepared by Pro-Surv, LLC,P.O.Box 1366;Friendswood,Texas,77546,Phone(281)996-1113,as prepared by Timothy A Lesak, RPLS 6052 Y Y r •Y •w t f M r t Y t r i s TIMOTHY' +# LESAK }t}1 I f t t t t t}4 1 1 i 1 Y♦t t t r}1} 6052 S LJ 'Ri THIS SKETCH R EFERNCE AS A PART OF A IS 8 INCORPORATED FOOT SIDEWALK EBY ASEMENT C-) F C3 .. ..... % 1,4z: .. -77 ................ TIMOTHY A. LESAK N 45'01'17" E I-2G ....... .............. 8,00' 605 OFD e*42:- A 1.5189 ACRE TRACT PART OF LOT 9, BLOCK 2 POINT OF FRIENDSWOOD BEGINNING SARAH MCKISSICK OR J.R. WILLIAMS LEAGUE G-C.C.F- #2015065336 175, LEGAL DESCRIPTION A tract of land containing 0.0213 acres(928.94 3rd 16" square feet)of land,more or less,BEING A 8' X SIDEWALK EASEMENT,lying within a 1.5189 acre tract of land,being a portion of Lot 9, Block 2 of FRIENDSWOOD SUBDIVISION,said 15189 acre tract being recorded In Clerk's File No.2015065336,county dark records of Galveston County,Texas,said easement being O XY further described by metes and bounds attached on a separate sheet ADDRESS MCLEAN, MARK & LYNN 311 SOUTH FRIENDSWOOD DRIVE 5 PT OF LOT 9 BLK 2 FRIENDSWOOD SUB DATE 6-13-17 C.F. #2002050454 PROPOSED 8' LANDSCAPE EASEMENT PRO-SURV,LLC 928.94 SQUARE FEET OUT T-B,P.LS.FLRX#1011"W OF 1-5189 ACRE TRACT P.O.DOX IY66,FRILM)SWOOD.TX 77M9 PROMM-291-996-11-13 FAX n1_4%-0 S 45*0154 W PIkOFMONAL SURVEY AND M"PING SERVICES EASEMENT 8.00 SHEET 1 OF 2 0 2017 PRO-7-1XV-AM RIGI rrS RMMkVW �81T ---------------- FILED AND RECORDED Instrument Number: 2018014726 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. S E TP Dwight D. Sulfiva-n, County Clerk °Fa�'�� Galveston County, Texas DO NOT DESTROY - Warning, this document is part of the Offl-cia/Public Record.