HomeMy WebLinkAboutSidewalk Easement - Leisure Lane, LLC - 1705 S Friendswood Drive AFTER RECORDING, RETURN TO:
Messner Reeves LLP
1430 Wynkoop Street, Suite 300
Denver, Colorado 80202
Attn: Matthew R. Sullivan
SIDEWALK EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT LEISURE LANE 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 0.015 acre (667 sq. ft.) tract of land, more or less ("Easement"), as shown in Exhibit "A"
and as being more particularly described 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 no
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.
IN WITNESS WHEREOF,this Sidewalk Easement is executed by Grantor and Grantee to
be effective as of this L.. day of Pcctrwl•c,, 2019
GRANTOR:
LEISURE LANE LLC,
a Texas limited liability company
By:
Name: DkkeED 300Ace
Title: fYlavw tr
ACKNOWLEDGMENT
THE STATE OF ityc.k 5
COUNTY OF 6c1 .1\
BEFORE ME,the undersigned Notary Public, on this day personally appeared P# VI t4
?00/vic.' , 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 LEISURE LANE
LLC, a Texas limited liability company, for the purposes ann consideration therein expressed.
GIVEN under my hand and seal of office, this c)- day of bath.I9.tY , 2019
'w ce- d -12
MELANIE REECE-HODGE
,9: � otary Public in and for - _\
__; : _Notary Public,State Texas
W /- (�
v Comm. Expires 10-26-2020 My Commission Expires: !O -�LP 9
'op°;,,; Notary ID 130876729
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. 7,O I$0I 32 4 f
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.
A ,.I. charter bank
By: •
Name: se
Title: s 9' C)
THE STATE OF 4144)
COUNTY OF CSC 1
BEFORE ME,the undersigned Notary Public, on this day personally appeared I J
, known to me to be the person whose name is subscribed to the foregoing
inistrtunent, and acknowledged to me that he executed the same on behalf of Jitmiliwn , a
14nnil(`wIit bank, for the purposes and consideration therein expressed. "^,
GIVEN under my hand and seal of office, this 3 day of L pearK6' , 2019
v ��gE S PR e,
a�•�Pa Y.P;'.X % No Public in an r jeeiCee
•N j\ : _ My Commission Expires: 3-di• a�
;o rF ���0
« •1 OF
51 401`• •
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«-,,+A•03.29-20 0♦
GRANT E:
•,. ...,•
By: / .4611 , •
Mike oreman ayor Melinda Welsh, TIiL*•City S= reta ' .
ACKNOWLEDGMENT ;* : ) 'O
•
THE STATE OF e v.0,3 •
COUNTY OF GA\\r'e5(c� •••.9F •
•
TE P•
BEFORE ME, the undersigned Notary Public, on this day personally appeared Mike
Foreman, 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 (O day of 36ail uar(1_, 2020
MICHELLE PEREZ (c)tX`kir
Notary ID #12845085-2 Notary Public in and for
: My Commission Expires My Commission Expires: //—/g- aoDa
November 18, 2022
EXHIBIT A
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EXHIBIT B
N1E1ES AND BO!,NUS I UN
RROPOSLO S FOLTI SIULWAL LO, LNILN•11
O.ULS ACRLS Ibb7 SOU/. FLL
OUT OF RLSLRVE"A2",BLOL‘1
PARTIAL P.LF_AT No.2,HOWAFT.0 SLOE! VISION
SARAH M:K IC(SS LEAGUE,ABSTRACT NIL.VULq :;1
CITY Of FR L.JSOOO,GALVESTON CUL NT,. I DAS
Rein;an paternoht IriCS o,poppet,corda...aing olh af f :1 al land satiated In the
Sarah VIM ssinit Longue.Abstract Number 151,City Pr,r . an County.Texas,
a 11 be ne par LI,and out ,Noa ,Partial Roplat No 1,Howard Subdtalisionk as rdtpraod
r, 911933T 041'441 PUOIK Retards of Goonfton COlantY,Texas 10 P.R,G.C,T,I,being more
PartK io arty dergritred by metes ant bounds as'Wows(beannas are Mead on the North Right-of-Way
line or RA 5111):
COMMENCING at the common cornet of Reserve nIrrk 1.Partial Realat of taDvrard Subdivision as
.ccixtle0 kenier Fgat No 2017050412 GahreitOri Count,'V i Records CO,C M,R the northeast right-of-
wey(ROW I line of Farm-to-Market R.i ' I AC' .1 c R OW.end alorevnentioned Reserve"ar,
se'd tonsils:el tomer being said Reserve Ahem corner,
THENCE North 41541)11"East,departing Said•ic-theist R.O.W lirse,with the con-mon line of
aforementioned Re-sense"C"end Reserve"A2 northwest lint 10 01 feet to the POINT OF BEGINNING
anti must southern corner of herein described emernent;
r HENCE North ttl'31:09"West,said Reserve'Al*41.111 feet to a point;
THENCE North 45'41'14"West tI2.90 feet to a point,and being the beg,nning of a carve to the right
lung a central angle of 15'04114",rad us of 10.00 feet a chord which bears North 113'0Er 12"Wesr,
and a Mord distance of 2.62 feet,
THENCE air.ng rdnsa to the right an art distance of 2.63 fart to a Point of Tangency:
THENCE Non '4'West 6 at feet to a point on the common lire of Resent"Al'as recorded in
r-ne owl 7IT lita19331 0 Pft OCT.and atorementurad Ri-sen "A2".
THFIKE Nortn 44'11130"Ent along said(Orlolan 5,CO Nei to a point,be ng the most Mintier,'
of herein described easement,
THENCE 5oiiVi 30'37'10"East,deporting led common leie.6 36 feet to the beeJnnina oe curve 10 1 ne
est having a central angle of 150404",a radius 10 00 feet;a churd rrrsiirn bear'South 38-091r East,
and a Mord distance of 2.62 feet,
THENCE along said curve to the left an art distance of 163 feet to the Point of Tengencr
THENCE SOWS 45'41'14"EAR 62,65 feet toe pond;
Page 1 of 3
f.iNarr enr F.M.5111
MC1LS AND SOUNDS DESCRIPTION
PROPOSLC I FOUT SIDEWALK LASLMLNI
0.01S ACRES Ia,2 SQUniL I-LL I
OW OF RESERVE"A2".BLOCK 1
PARTIAL REP_A No.2.HCWAP.D SUBDIVISION
SARAH MCK SSICK LEAGUE,ARST.RACY NUMBER 1S1
CITY Of FRIENDSWOOD,GALVESTON COUNTY,TEXAS
THENCE Stearn 43'30'SG"East 41.11E rem to a point boa.on to afornrnent maned common line of
Raseare'Ar and Reserve'C*,
THENCE South 41'5d'W"West along said romntorl Ilse 5 00 tent To the POINT OF BEGINNING
containing 667 square fast or 0.03S acres at land,more or less.
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elfpiFGa a-,;\
S BARNETT •
to *• gb + 201111240e3327421BA0'
3i1R4E
lames Barnett,TX SPES Na 6596 Data
CEI ErcIneeritt9 ATaooates,Inc
310E SW RepMy Drttwy 3030 L31 Freeway
Bentonville,A11 t27t2 Degas,TX 75234
TONS firm R 10031500 TONS rem a 10194334
Page 3 of 3
Sidewalk Easement-F,M,511
FILED AND RECORDED
Instrument Number: 2020000994
Recording Fee: 50.00
Number Of Pages:8
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.
.01 E Op1.0
w 'r jelf4froje
�
0000� Dwight D. Sullivan, County Clerk
�'oF ow" Galveston County, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record,