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Home My WebLink AboutPublic Sidewalk Easement - Comerica Bank - 203 So. Friendswood Dr.0 3 to] MAZAIR"'i, Mai1! 11111 i 111-010 1 KNOW ALL MEN BY TBESE PRESENTS: •rell THAT COMERICA BANK, a Texas banking association ("Grantor"), successor in interest to LOCKWOOD NATIONAL BANK, for and in consideration of the sum of One Dollar ($100) 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 said Grantee, its successors, assigns and legal representatives, a perpetual easement solely for the purpose of constructing,, reconstructing,, altering, and maintaining a sidewalk in, on, upon, over, along and across those certain tracts or parcels of land, (hereinafter the "Easement"), shown in EXHIBIT "A" (the "Easement Area") attached hereto and made a part hereof for all purposes. Grantee may do and perform all acts necessary to construct, reconstruct, repair, or maintain the sidewalk within said Easement Area and to operate thereon all necessary machinery and equipment to efficiently prosecute the work. Grantor retains, reserves, and shall continue to enjoy the use of the Easement Area 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 Grantee has the right to remove from said Easement Area obstructions which endanger or may interfere with Grantee's exercising all rights hereby granted. At its sole cost and expense, Grantee shall complete the installation of the sidewalk in a good and workmanlike manner and shall maintain the sidewalk in the Easement Area (as defined above) in good working order and repair. Grantee shall repair any damage to the Easement Area and surrounding property (including any improvements located thereon) resulting from Grantee's use thereto, including, without limitation, to the extent applicable, (1) repairing the backflow preventer, (2) relocating sprinkler heads wherever necessary on any landscaping impacted, and (3) reseeding any disturbed grass. Additionally, to the extent applicable, Grantee shall pay to Grantor the cost of moving all signage impacted by this Easement (if any) and reconfiguring all parking spaces impacted by the Easement (if any). Grantee will at all times after doing any work in connection with the construction, operation, maintenance or repair, restore the surface of the Easement Area as close to the condition in which it was found before such work was undertaken as is reasonably practicable. Notwithstanding the foregoing, Grantee agrees that at no time shall any construction, installation, or maintenance of the sidewalk, or other exercise of any of Grantee's rights hereunder obstruct access to Grantor's property from Friendswood Drive through more than one of Grantor's driveways, and such access shall not be impaired or restricted by Grantee. To the extent allowed by law, Grantee shall indemnify, defend and hold Grantor harmless from and against any and all claims, expenses, liabilities, losses, damages and costs, including reasonable attorneys' fees, and any actions or proceedings in connection therewith, incurred in connection with, arising from, due to or as a result of the death of any person or any accident, injury, loss or damage, howsoever caused, to any person or property as shall occur in or around the Easement Area and arising by reason of Grantee's use of the Easement granted herein and/or the exercise of any other rights of Grantee as set forth herein; provided, however, such obligations of indemnity shall not apply to claims resulting from the gross negligence or intentional misconduct of Grantor. This Easement shall automatically ten-ninate without the necessity of recording any document or instrument in the event Grantee does not use this Easement for a period of 36 consecutive months. The grant made hereunder is neither a conveyance of the Easement Area nor of any interest in the oil, gas and other minerals in, on or thereunder, but is a grant solely of the Easement. Grantee shall not convey, transfer, pledge, encumber or assign any of its rights under this instrument without the prior written consent of Grantor, whose consent shall not be unreasonably withheld. No provision of this instrument shall ever be construed to grant or create any rights whatsoever in or to any portion of the Easement Area other than the Easement and other specific rights herein granted. This conveyance is expressly made subject to any and all encumbrances, conditions, restrictions, mineral and/or royalty reservations, covenants, easements, rights -of -way, and all other matters appearing of record relative to the Easement Area, and any and all building and zoning ordinances, laws, regulations and restrictions, but only to the extent that the same are still in force and effect and enforceable against the same. 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 and subject to the limitations, provisions, conditions, and restrictions set forth herein, when the claim is by, through, or under Grantor, but not otherwise. Grantor has made no representations to Grantee about matters affecting title to the Easement Area or the fitness of the Easement Area for the purposes stated herein; Grantee has made and relied solely upon its own investigation of the condition, fitness of and title to the Easement Area. WITNESS MY HAND, this day of ��'�4l'� , 20 . FOR GRANTOR: Printed Name: �j S Printed Title: Akck -VffS,, ACKNOWLEDGEMENT STATE OF' av HiC4140 r } KNOW ALL MEN BY THESE PRESENTS COUNTY OF QA6� I BEFORE ME a notarypublic, on this day personally appeared C Yttreh r Yr y rr known to me or having proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me the he/she executed the same for the purposes and considerations therein expressed. evi GIVEN MY hand and seal of office this oUday of .. ((XY) OQA 20 A . -� ELISABETHE HAVRILLA Notary Public, State of Michigan County of Macomb Notary Public in and for the State of Texas My Commission Expir s Jun 06, 2023 Acting in the County of LLM My Commission Expires: ACCEPTED BY GRANTEE: ATTEST: City Manager Return to Grantee at: City of Friendswood Engineering Department 15355 Blackhawk Boulevard Friendswood, TX 77546 000 w d r 11 11 44* ko F% � " s 4 + Melinda Welsh, TRMC.i City Secretary' CO 4w ■ ■ F ■ • o 0 Oi w y r 0 l/n z w " 0Fa 0 I � Z Z N ---� -T - --- H C) Q �� Ijf C O W I I Otn I O Q O i7 W ✓� _ I~ �I U 3 w co Q N�0ca- . I i�iIi > Er z O y6 W o4i� wa -WWO`z zmw ZZ CLO co on Q W W Qz2091-ZUW-O N O Z V zzj—aW40 to J z iIIII F- .+ 0 3 F- U) L) x,m wwV) LL QYQ au�. vQO Q za aZ O 1= I1Ii 00 �1zW 10 w x w F' p� n LiO w') LvLA m�ax oJWW - onQ m ix c oM W F-LrO� I V ID U `e W woyl f-�Y� V,z1a-Y,w� T 2 Caa�jamisiw o N I 00+99 V1S 3NII HOIVA 00+t9 V1S 3NII HOLM 09+Z9 V1S 3NII HO1V1I ZOlri'53-�-600-0� '37!J Ob-!'-TIVJS P!d!£''GO'y '3iyll 0-700/9Z/9 '31b0 lb'3E7019 •H3Sl1 1W M60Z01 '37911IN3d 61O,,d &0700-JGd-l00h'l -Y31VYG 107d FILED AND RECORDED Instrument Number: 2021009098 Recording Fee: 38,00 Number Of Pages:5 Filing and Recording Date: 02/04/2021 10:20AM 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. Dwight D. Sulfivan, 0-It Clork Galveston bounty, Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record.