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Home My WebLink AboutPublic Utility Easement - "The Public" - Kimball W. Brizendine - 1600 WHITAKER DR PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That the City of Friendswood, Tezas a municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 77546 (GRANTOR), being owners of the herein described property located in Friendswood, Texas, has GIVEN, GRANTED, DONATED, and CONVEYED, and by these presents does herby GIVE, GRANT, DONATE and CONVEY unto the Public a perpetual Public Utility Easement, described by metes and bounds and map attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. This easement is granted for purposes including but not limited to construction, reconstruction, maintenance, repair, replacement or removal of electrical, telephone and other public utilities, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the easement, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to and from said easement. It is hereby understood, and by the acceptance of this instrument it is recognized, that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof for Page 1 of 3 the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none of such operations shall be conducted so near the surface of said easement as to interfere with the intended use thereof or in any way interfere with,jeopardize or endanger the use of the public utilities contained therein or create a hazard to the public users thereof. GRANTOR retains right of ingress and egress over and across GRANTEE'S easement and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be placed in, on or along said easement. To have and hold perpetually, the above described property and easement for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said Utilities, endeavor to restore said premises to the condition in which the same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will not do any act that will be detrimental to said premises. Executed this 6`" day of Februarv , 2006. GRANTOR For the City of Friendswood � � � Kimball W. Brizendine Mayor Page 2 of 3 F F � N� AT ST: � �� `��0 ` � o D loris McKenzie, RMC * * City Secretary r � t THE STATE OF TEXAS § ^�� § COUNTY OF C�--U`�.S�DYL § BEFORE ME, the undersigned Notary Public, on this day personally appeared 1��N•� g�� Z��nc, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I� DAY OF ��-�Jr�O�-V v�, , A.D., 2006. �G - ��e�'� NOTARY PUBLIC, STATE OF TEXAS M� E� LI�N�DA K.�WEt�.BH Printed Name: i�T1�2 l i r��e� K•VU-21�Sh , �i, . NOTARY PUBLIC My Commission Expires: c�a ao �� STATE OF TEXAS ''��. My Commission Expires 02-2a2009 Page 3 of 3 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 1,383 SQUARE FEET OUT OF LOT 2, BLOCK 1 LAURENCE CLINE SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 1,383 square feet out of Lot 2, Block 1, Laurence Cline Subdivision according to the plat thereof as filed in Official Records of Real Property of Galveston County at Clerk's File Number 2004-080010 and being more particularly described by metes and bounds as follows (bearings based on the recorded plat of said Laurence Cline Subdivision); Commencing at a found 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the west corner of said Lot 2, Thence S 44° 54' 10" E —219.62' with the southwesterly line of said Lot 2 to a point for corner; Thence N 44° 36' 20" E — 16.00' to the POINT OF BEGINNING of herein described tract; 1. Tnence N 44° 36' 20" E- 103.08' io a point for corner; 2. Thence N 45° 23' 40"W— 12.00' to a point for corner; 3. Thence N 44° 36' 20" E- 16.00' to a point for corner; 4. Thence S 45° 23' 40"E—22.00' to a point for corner; 5. Thence S 44° 36' 20"W- 119.17' to a point for corner; 6. Thence N 44° 54' 10" W- 10.00' with the northwesterly line of a 16' wide utility easement as filed in said plat of Laurence Cline Subdivision to the POINT OF BEGINNING and containing 1,383 square feet of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-568 1,383 sq feet M&B.doc O 1-16-2006 i1-568 1,383 sq feet M&B.doc LAURENCE CLINE MICHEL MAKISSI COMMENCING SU130MS10N MIDDLE EAST EQUIPMENT (G.C.C.F.No.204d�t1010) COMPANY, INC. POINT 90-02436 10' UTILITY EASEMENT t=ND.5/8"IR LOT 1 , BLOCK 1 006-81-0736 GCDR_(e.C.CFF No. 2004-08a010) . W/CAP _—... 5--09-1989 ) - 20'5T0RM EASEMENT .2002 8 ( ' J 2002-00 7 19 956) FND.S/ °IR Li I J W/CAP RECREATIONAL RESERVE 't-3LJ I Lp ' 1 r_-_ \ g w PROPOSED I W p S _ LOT 2, BLOCK 1 PAVEMENT O a � bl PROPOSED (� NOTES: + v PAVEMENT ..�I LU „_, 1,THE BASIS OF BEARINGS SHOWN IS 1 I CLNE SUBDIVISION,REFERENCED TO E PLAT OF LAURENCE x --Q Ci �t I I`-�-. 2.THE UTILITY APPURTENANCES ( i.e., utility FUTURE `"- POlas, inlets, etc.) SHOWN HEREON ARE BLOCK I z THOSE VISIBLE AT THE TIME OF SURVEY W dz' 4 >�� FRIEN{�SQQ� I AND MAY NOT BE COMPLETE. - n " L 1 - L2 PUBLIC SAFETY `� 3.UNDERGROUND UTILITIES SHOWN BASED BUILDING I ONFIXTU ES AND URELD TIES TILITY EXISTING SURFACE - „� ELECTRICAL l I . � MARKINGS. SURVEYOR HAS NOT BEEN _TRANSFORMER 111 !!! 111 z C PROVIDED WITH UTILITY PLANS AT THE L6 J TIME OF THIS SURVEY AND UTILITIES SHOWN ARE PARTIAL AND INCOMPLETE. CONTRACTOR IS RESPONSIBLE\\ / y-�,r f `j VERIFICATION OF UNDERGROUND OUTILITIES. �] I i6�, UTtLt)'Y EASEMENT UTILI ! �+ "`-- - LV (C.C.C.T Na. 2D04-0811010) 4.LOCATION OF PROPOSED OR FUTURE EASEMENT <[ FEATURES BASED ON PLAN SHEET TITLED wPROPOSED f / �+n } ry OVERALL LAYOUT.PUBLIC SAFETY RY DE ANDA PAVEMENT - t 1 y3461 ` O. T T`J ENGINEERING, INC. DATED JULY 29, 2045. i REVISED 01-22-2006 1500 WINDING WAY 1�) C.L. DAVIS & �`0' FRIENDSWOOD, TEXAS 77546 25' DRAINAGE EASEMENT �(" j LAND SURVEYING 281-482-9490 (G.C.C.F. No. 2004-0800 10) $' 16' UTILITY EASEMENT LINE DISTANCE BEARING 2004-08001 u,'� EASEMENT 0 L 1 1£.00' N 44.3s'20 E L2 103,08' N 44'36'20" E 1,383 SQUARE FEE'r OUT CIF --1 L3 12.00' N 45.23'40" W LOT 2, BLOCK 1 s' PROEMEN DPOSE L4 16.00, N 44'3620" E LAURENCE CLINE SUBDnIISION - IF L5 22.00' S 45'23'40" E (G.C.C.F. No. 2004-080010) L6 119. 17' S 44'36 20" W HOUSTON, HARRIS COUNTY, TEXAS —5 t L7 10.00, N 4454'10' W DATE: 01- 6—2006 SCALE: 1' — 60 JOB NO.: C. 11 ELEC—ESMT,OWC t1-568