HomeMy WebLinkAboutNo Address - Temporary Access Easement - Yellowstone Hill Country Ranching, LLC TEMPORARY ACCESS EASEMENT
THE STATE OF 1bXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT YELLOWSTONE HILL COUNTRY RANCHING,LLC,("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, and subject to the matters set forth below, does hereby GRANT, SELL and CONVEY
unto Grantee, its successors, assigns and legal representatives, a temporary access easement for
public right-of-way purposes, over, along, upon, and across that certain 0.7847 acre tract of land,
more or less ("Easement"), same being more particularly described in Exhibit "A" and shown in
Exhibit"B",both attached hereto and incorporated herein for all purposes.
Grantor shall construct the roadway upon said easement pursuant to Grantee's requirements
and Grantor shall maintain the roadway within said Easement.
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 future Avery Lane and
the future Sandy Lakes Drive are constructed as Private Roadways.
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 Grantors binds themselves,their heirs, executors, administrators 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.
IN WITNESS WHEREOF,this instrument is executed this 4 '` day of Dcm6ee;20(9.
GRANTOR
0-
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
C Gr¢yor,I L Xins known to me to be the person whose name is subscribed to the foregoing
instrument,and acknowledged to me that p_ executed the same for the purposes
and consideration therein expressed.
GIVEN under my 444d seal of office, this Lt day of QC'm. be r-
2019. � o\Np M �'y
I �1tY rG• l�` •
�0 0 44a 1L\1% Notary Public In and r the State of Texas
* S ac4 ' e'• •
t
d).7Gy • ; * My Commission Expires: /AS1
)g�� 10�2_
Igoe/••••••
AC PTED BY GRANTEE: ATTEST:
• ... ...
1-1-42fLtd • •• **
..• • •
M or- an, Ma or Melinda Welsh, TRtalb ' • O•� •
City Secretary : U • •
: •
•O •
ADDRESS G _ '.• TEE: N
•.'9/ .•• ......•• CI)••.
City of Friendswood,Texas • OF T E
910 South Friendswood Drive ' ' ' ''
Friendswood,Texas 77546
PRO -SURV
SURVEYING AND MAPPING
EMAIL order$®prosurv.net
T.B.P.E.LS.FIRM#101 19300
P.O.BOX 136G
PRIENDSWOOD,TEXAS 77549
PHONE:281-996-I 1 13
0 2019 PRO-SURV,ALL RIGHTS RESERVED
METES AND BOUNDS DESCRIPTION
0.7847 ACRE(34,18I 5Q.PT.)TRACT OUT OF
LOT 4,BURGESS SUBDIVISION
MARY FABREAU SURVEY,ABSTRACT 69
HARRIS COUNTY,TEXAS
A TRACT OF LAND CONTAINING 0.7847 ACRE(34,181 SQUARE FEET)OF LAND,MORE OR LESS.BEING A PORTION OF A CALLED
194.21 ACRE TRACT DESCRIBED AS TRACT 'A" CONVEYED TO YELLOWSTONE HILL COUNTRY RANCHING LLC IN CLERKS FILE
NUMBER 2010059686 OF THE GALVESTON COUNTY DEED RECORDS, SAID 0.7847 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8-INCH CAPPED IRON ROD FOUND AT THE MOST EASTERLY CORNER OF RESTRICTED RESERVE'A' OF
STERLING CREEK SECTION 3,ACCORDING TO THE MAP OR PLAT THEREOF,RECORDED IN CLERKS FILE NUMBER 2017055886 OF
THE GALVESTON COUNTY MAP RECORDS,SAID POINT BEING SITUATED IN THE SOUTHWEST RIGHT-OF-WAY LINE OF FRIENDSWOOD
LAKES BOULEVARD BCTENSION,A I00-FOOT WIDE RIGHT-OF-WAY AS RECORDED IN CLERK'S FILE NUMBER 2019025 I40;
THENCE SOUTH 4 I°46'43"WEST,ALONG THE SOUTHEAST LINE OF SAID STERLING CREEK SECTION 3,AT A DISTANCE OF 2 18.48
FEET PASSING THE EASTERLY CORNER OF UNRESTRICTED RESERVE'A'OF STERLING CREEK SECTION 3-B,ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN CLERK'S PILE NUMBER 2019028674 OF SAID PLAT RECORDS AND CONTINUING FOR A TOTAL
DISTANCE OF 353.46 FEET TO A 5/8 INCH CAPPED IRON ROD FOUND FOR CORNER;
THENCE SOUTH 48°13'17" EAST, ALONG THE NORTHEAST UNE OF THE PROPOSED STERLING CREEK SECTION 4 MD BEING
THE EXTENSION OF AVERY LANE,A 60.00 FOOT RIGHT-OF-WAY,A DISTANCE OF 330.00 FEET TO A 1/2-INCH CAPPED IRON ROD
SET FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE CONTINUING SOUTH 48°13'17'EAST,A DISTANCE OF 104.73 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING
A RADIUS OF 30.00 FEET;
THENCE IN A EASTERLY DIRECTION ALONG AND WTTH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 48.54 FEET,SAID ARC
HAVING A CENTRAL ANGLE OF 92°42'40'AND A CHORD BEARING AND DISTANCE OF NORTH 85°25'32"EAST-43.42 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 470.00 FEET;
THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE LEFT AN ARC DISTANCE OF 86.88 FEET.SAID ARC
HAVING A CENTRAL ANGLE OF 10°35'28'AND A CHORD BEARING AND DISTANCE OF NORTH 33°46'28'EAST-86.76 FEET;
THENCE NORTH 28°28'44"EAST,A DISTANCE OF 61.39 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
530.00 FEET;
THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 123.03 FEET,SAID
ARC HAVING A CENTRAL ANGLE OF 13°1759'AND A CHORD BEARING AND DISTANCE OF NORTH 35°0744'EAST- 122.75 FEET;
THENCE NORTH 41°46'43'EAST,A DISTANCE OF 30.89 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
30.00 Yttl;
THENCE IN A WESTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE LEFT AN ARC DISTANCE OF 47.61 FEET, SAID ARC
HAVING A CENTRAL ANGLE OF 90°56'I I'AND A CHORD BEARING AND DISTANCE OF NORTH 03°41'22"WEST TO A POINT IN THE
SOUTHWEST LINE OF SAID FRIENDSWOOD LAKES BOULEVARD EXTENSION;
THENCE SOUTH 48°09'28" EAST, ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE, A DISTANCE OF 120.02 FEET TO THE MOST
EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED AND THE BEGINNING OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A
RADIUS OF 30.00 FEET;
THENCE IN A WESTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE LEFT AN ARC DISTANCE OF 46.63 FEET, SAID ARC
HAVING A CENTRAL ANGLE OF 89°03'49'AND A CHORD BEARING AND DISTANCE OF SOUTH 86°18'38"WEST-42.08 FEET;
THENCE SOUTH 41°46'43'WEST,A DISTANCE OF 32.85 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
470.00 FEET;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 109.1 O FEET,SAID
ARC HAVING A CENTRAL ANGLE OF 13°1759'AND A CHORD BEARING AND DISTANCE OF SOUTH 35°0744 WEST- 108.85 FEET;
THENCE SOUTH 28°28'44'WEST A DISTANCE OF 61.39 MEI TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
530.00 FEET;
THENCE IN A SOUTH WESTERLY DIRECTION ALONG AND WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 123.03 FEET,SAID
ARC HAVING A CENTRAL ANGLE OF 13°1759'AND A CHORD BEARING AND DISTANCE OF SOUTH 35°0744 WEST- 122.75 FEET;
THENCE SOUTH 41°46'43"WEST A DISTANCE OF 69.21 FEET TO A POINT FOR CORNER;
THENCE NORTH 48°13'17"WEST A DISTANCE OF 195.24 FEET TO A POINT FOR CORNER BEING SITUATED ON THE SOUTHERLY LINE
OF THE AFORESAID PROPOSED STERLING CREEK SECTION 4;
THENCE NORTH 41°4742'EAST A DISTANCE OF 60.00 FEET,RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.7847
ACRE OF LAND,MORE OR LESS.
SHEET 2 OF 2 EXHIBIT "A"
EASEMENT Q�. \`\ a as \ y,* THIS SKETCH IS INCORPORATED BY REFERENCE
45, . \ / / AS A RIGHT-OF-WAY EXHIBIT
EXHIBIT G4, c..• 4., a/e' Ni VICINITY MAP
V t GAO�1 \\ CO
U• (NOT TO SCALE)
�� 5ry0 \ O
4. 4 ,g, \\ \ FRIENDSWOOD LAKES /�v �' / _ ' P(/atI_\1 _ ��'
`' � C.:. fie' SECTION 2 Q` 3.it-i I. `:ice'/ '
�y� \ ,n�/ V-18, P-1366, M.R.G.C. O OO. 'Apga
�� �^b a`O� ���4c4�*O,a F �kFq \ �\N____/-S, ef
O / \ ram ` �1
> J !is c \ FRIENDSWOOD LAKES
�i���sQ��GG �GAssa �4 s2 9 �OC SECTION 2 16*
_ )I�I`.) V' . F1R. J �i0J�/ V-18, P-1366, M.R.G.C. �`v4- P-•JECT
519
y//
'9 CATION
/ G •1e\J O
/ 1191P
s'6 !` G �` '4\ \ LEGAL DESCRIPTION
14 .7847
3`�O �e ,T r O P�O�C�\ c0 •a` \ \ N
\ ACRE(34,181 SQUARE FEEA TRACT OF LAND TI)OF ING OLA D,
��0 00' .V. cr J4'�1P G 5 \ N
\ MORE OR LESS,BEING A PORTION OF A M
G CO 05 ,J Q CALLED 194.21 ACRE TRACT DESCRIBED AS W
C0 0 co� tiJ Q'r \ TRACT"A"CONVEYED TO YELLOWSTONE
��� O r!c, Po�S A N �o G N\ HILL COUNTRY RANCHING LLC IN CLERK'S T
t� 0 ry 8. Q) 0/ �,� FILE NUMBER 2010059686 OF THE •
G� GQ 00 1� J.R. 70 7 Q" 43 G \ GALVESTON COUNTY DEED RECORDS,SAID �/
G P O) a 00 5/er sr)S>>, ^' W co^ �� /�
'y O O �' G v ti 0.7847 ACRE TRACT BEING MORE
�� 0' O� �& c. Q' o, �G PARTICULARLY DESCRIBED BY METES AND
��� ,`O�G�•ry Gam. C1 4a OF QP N\ LLI
BOUNDS AS ATTACHED.
A. /A?j9LF ,)S'' Q /\ �� FO
G. 'V L �� G J '� �� \
J� 0' 9• '� c�� J� g°j \\ STERLING CREEK
Q� / ,s2F>>, tiF Qvo Q���GOO�OD \ TEMPORARY ACCESS EASEMENT
�^, �` ,,,ti DATE 07/10/2019
b CI, O� V.
G'
�` Co� �C0 G C1 ,30.00' 48,54' 43.4 N 85'2522. E 92'42'40• PRO—SURV, LLC
THIS 34,181 SQ.FEET(0.7847ACRE) O C2 470.00'86.88' 86.76 N 33'46 28 E 10'35'28' T.B.P.L.S. FIRM #10119300
/ TRACT IS HEREBY DEDICATED C3 530.00'123.03' 122.75' N 35'07?i:E 90'5811 E 13'17:59 P.O. BOX 1366, FRIENDSWOOD, TX 77549
C4 30.00' 47.61' 42.77' S 03'41 22 PHONE: 281-996-1113 FAX 281-996-0012
FOR RIGHT-OF-WAY PURPOSES C5 30.00' 46.63' 42.08' S 86'18'38•W 89'0349•
C6 470.00',109.10' 108.85' S 35'07'44•W 13'17 59' PROFESSIONAL SURVEY AND MAPPING SERVICES
C7 530.00'123.03' 122.75' S 35'07'44'W 13'17'59• 0 2019 PRO—SURV— ALL RIGHTS RESERVED
SHEET 1 OF 2 PROJECTjPS1906416
FILED AND RECORDED
Instrument Number: 2020000993
Recording Fee: 38.00
Number Of Pages:5
Filing and Recording Date: 01/07/2020 2:24PM
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.
44/4, :1 E CIA,!,t11
oo` ' Dwight D. Sullivan, County Clerk
OF
G GAL Galveston County, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
FRIENDSWOOD CITY COUNCIL • FORM
This form should be completed and forwarded to the City Managers Office as soon as possible prior to the first date that the item is
expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: January 6, 2020
Date submitted: 11/20/2019
Prepared by: Glenda Faulkner, Executive Secretary
Subject: Authorize the Mayor to sign the Acceptance by Grantee for Access Easement for Sterling Creek
Section 4
Originating Department: Community Development
Degree of importance: Significant
SUMMARY/ORIGINATING CAUSE
This is an access easement required for Section 4 of Sterling Creek. This section will consist of 24 lots
and 1 reserve. The property owner is dedicating a public easement outside the plat boundary in order to
meet the access requirements of the Subdivision Ordinance. Additionally, construction of the road within
that easement will be reviewed with the construction plans for the subdivision and ultimately approved by
Engineering and Fire Marshal.
IMMINENT CONSEQUENCES / BENEFIT TO COMMUNITY
Approval of the easement will allow the developer to continue with the construction of Sterling Creek
Section 4.
RECOMMENDATIONS
The easement document has been reviewed by the City Attorney and staff recommends acceptance.
ATTACHMENTS
1. Sterling Creek 4 Access Easement Signed by Property Owner