HomeMy WebLinkAboutPublic Utility Easement - Russell & Katherine Hildebrandt - 2520 SAN MIGUEL DR 8 PGS
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Russell Hildebrandt and Katherine Hildebrandt ("Grantors"), for and in
consideration of the sum of ten dollars ($10.00) and other good and valuable consideration in hand
paid to Grantors 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,
have GRANTED, SOLD, and CONVEYED, and by these presents do hereby GRANT, SELL, and
CONVEY unto the said Grantee, its successors, assigns and legal representatives, a perpetual
easement for the purpose of constructing, reconstructing, altering, and maintaining public utility
facilities in, under, over, along, upon, and across that certain 0.1785 acre tract of land, more or less
("Easement"), same being more particularly described in Exhibits "A" and "B" attached hereto and
for all things made a part hereof.
There is further conveyed a fifteen foot (15') wide temporary construction easement,
adjacent and parallel to the southern boundary of the above described permanent easement, for use
by Grantee incidental to the construction of the facilities within the permanent easement adjacent
thereto and granted hereby, which temporary construction easement shall expire (a) one hundred
twenty [120] days from the date construction commences on such permanent easement, or(b) upon
completion of the construction and installation of the facilities within such permanent easement, or
(c)December 31, 2009, whichever first occurs.
Grantee may do and perform all acts necessary to construct, reconstruct, repair, relocate, or
maintain public utility facilities within said Easement and to operate thereon all necessary
machinery and equipment to efficiently prosecute the work. Grantors retain, reserve, 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.
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 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 Grantors, but not otherwise
IN WITNESS WHEREOF, this instrument is executed this day of
2007.
2
GRANTORS:
C0-7A
GRANTEE:
City of Friendswood Texas
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` x
Da'via-JJ.H. Sm' h �
Mayor
i
ATTEST: �ftlEa�a
D Loris McKenzie, C
City Secretary
ADDRESS OF GRANTEE:
City of Friendswood,Texas
910 S. Friendswood Drive
Friendswood, Texas 77546
3
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that At.-,- [he or she] executed the same for
the purposes and consideration therein expressed.
GIVEN under m hand and seal of office this day of
y y
2007.
IVA)
RHONDA EUGENIA BAKER Notary Public In and For the State of Texas
*� *= MY COMMISSION EXPIRES
•...••�;� November 3,2011 111411
�►
-,$011% My Commission Expires.
- - - ..i
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE the under igned Notary Public, on this day personally appeared
/tv , known to me to be the person whose name is subscribed
to he foregoing instrument, and acknowledged to me that he or she] executed the same for
the purposes and consideration therein expressed.
GIVEN under m hand and seal of office this day of
y � y
2007.
:•• K P RHONDA EUGENIA BAKER
Notary Public In and For the State of Texas
MY COMMISSION EXPIRES
;�; �,= November 3,2011 M Commission Expires:
'-►0,�f„ti�� y p
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared David J.H.
Smith, Mayor of the City of Friendswood, Texas, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act
4
of said City and that he executed the same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein stated.
d
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of
2007.
K Lul-
Notary Public In and For the State of Texas
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My Commission expires 02-20-2009
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EXHIBIT"A"
EASEMENT-E
METES AND BOUNDS DESCRIPTION
7,774 SQUARE FEET OUT OF
LOT 8, BLOCK 1, SECTION ONE
AMENDED REPLAT OF SAN JOAQUIN ESTATES, SECTION ONE
LOT ONE,BLOCK ONE
FRIENDS WOOD, GALVESTON.COUNTY, TEXAS
All that certain 7,774 square feet out of Lot 8, Block 1, Amended R.eplat of San Joaquin Estates, Section
One, Lot One, Block One according to the plat thereof filed in Plat Record 18, Map Number 230
Galveston County Map Records and being more particularly described by metes and bounds as follows
(bearings based on Texas Coordinate System of 1983, South Central Zone);
Co=mcfiig at a point marking the southwest comer of said .Lot 8, from wbich a f_oim-d 1/2" iron rod
bears N 30'47' 59"W—0.71' for reference point; Thence N 36°03' 31"E—64.92' with the west line of
said Lot 8,to the POINT OF BEGINNING of herein described tract;
1, ThPn�P N 3F° f�3' 31"F— 12,p5' %nt�u ding;r1fh t�P�zr-st line�f��,JL%A A nt R t� a pv t f�.L�^rner;
2. Thence N 86° 27' 35" E — 773.27' with the north line of a 60' wide Community Public Service
Electric Easement as filed in Volume 1693, Page 501 Galveston County Deed Records to a point for
comer;
3. Thence S 03°32' 25"E— 10.00' with the east line of said Lot 8 to a point for corner;
4. Thence S 86°27' 35"W—773.28' to a point for corner;
5. Thence S 860 35' 30" W — 8.25' to the POINT OF BEGINNING and containing 7,774 square feet
(0.17 8 5 acre) 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: 11-841 7,774 sq.-t E:xh A Esmt E.do�
09-19-2005
11-841 7,774 sq ft Exh A Esmt E.doc
EXHIBIT ►►B►► .
o _
LOT 7 0
i
F
a /
FINAL PLAT // 0 � �o� � //
NDED REPLAT OF
CARMEL VILLAGE SUBDIVISION _0 ° /// �� SANE JOAQU N ESTATES
SECTION ONE // /�`� //���" ��` SECTION ONE
(P.R. 18, M.N. 94 G.C.M.R.) /// 4L, r rj.
LOT 8 0 0/ ,o //����, �°• (P.R. 18, M.N. 230
BLOC 1 0 0/ Q: ///o^"Q����'` G.C•M.R.)
�i \ c�c�� 0 µ} a°oJ~\Q° LOT 9
e` c`Z'�P o 4�` 1/ AMENDED REPLAT OF o1 �� �,`� MAR! A. SICKAFOOSE ET UX
LOT 30 QR�'~�° 4P�`��/o��/ `� o.,
>� SAN JOAQUIN ESTATES SECTION ONE— ° o MEDIAN TO
/ �oQ lQP��' tiro/ LOT 8 LOT ONE, BLOCK ONE o' w/coUReETE WV ` KEVIN CORCORAN
C-3 �Qc`1✓�, oo�� ��./ SHANE HAMILTON,.ET UX (P.R. 18, M.N. 230 G.C.M.R.) 0 �.:'`V (2004051843 GCOR)
LOT zs\ ��PQ� �� ��/ TO o o �1� LOT 9 07-27-2004
Q• RUSSELL HILDEBRANDT, ET AL o/ BLOCK 1
FND.5/8"IR V' Q /4' 24"P
(2004061456 GCDR) 0 Q ,•,
�, �•o a 08-27-2004 WATER RISERS
LP
BLOCK I\c�� \ U.E�P.R.18,M.N.230 GCMRj---�ELEc.TRANS —�,,�--= TEL ENC — —
i SP/RISERr �rw
ESMT-(7 �"�'3 _ _ OEM
UGE —— P M N 2 GCMR -- � �r�m-! �� ��p�"�"" E 60'COMMUNITY PUBLIC SERVICE EASEMENT
PP/(2)RISER` ° ~- " �+ �r r NOTES:
D j p01ir rr 1"m 1w8 r.u.��r � OE
DG +�^'�"�'� .r..nn +� r"� � fiO�UNITTYY�P BLIC SERVICE of (P.R.17,M.N.63&64 G.C.M.R.)\
..ws ELECTRIC EASEMENT OE 'OEI PP OE pE '1 1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
W000 FENCE_ /��, Mwm� OE E OE T,- Lrr OE of ! E of (VOL.1693,PG.501 GCDR) TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL
P.O.P. of OE PP OE WOODED-AREA --- - �OE w WOOD FENCESOUTH LINE LOT 8 BED WIRE FENCE _ 'SrR 1 U ZONE.
MR/ L22 �o. TRACT No. 10
2.THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
TRACT No. 9 o JOHN E. RUPKE,ET UX REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL,
CAROLE A. HARVEY o TO UNLESS OTHERWISE NOTED.
/ \ EASEMENT-E 3
TO DEVIN B. KNOPS
w / //PIPELNE51(AS HAWKED)��\A`ti 1Q�WIDE HARVEY J. MELCHER, ET UX (2003080592 019-51-1686) 3, THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.)
a ► � (9008558 006-88-2785) 11-05-2003 SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF
COMMENCING FONT UTILITY EASEMENT SURVEY AND MAY NOT BE COMPLETE.
3
o REF.POINT FND.1/2"IR 03-16-1990
N 30'47'59"w 0.71' 0.1785 Acre Gj 4. TRACT SHOWN HEREON SUBJECT TO CITY OF FRIENDSWOOD
TRACT No. 8-B ('7,774 SQUARE FEET) ��• BUILDING ORDINANCE.
O S.P. 0'F TO EI_L El'Al_ �,� �t� 5. THIS SURVEY PLAT IS ACCOMPANIE
D BY A SEPARATE METES
DALE D. DUNN, ET UX Q�' C° AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
(BOOK 2515, PG. 512 GCDR) �~��O PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
03-12-1974 ��•QG� PROCEDURES AND PRACTICES' SECTION 663,19(9).
RUSSELL H I LD EB RANT, ET AL _
�'• EASEMENT--E
C.L. DAVIS & CO, 1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
LAND SURVEYING 281-482-9490
LINE DISTANCE BEARING 1 0' UTILITY EASEMENT
L 19 773.27' N 8602735 E SQUARE FEET OUT OF 74• -
o L20. 10 00 S 03 32 25 E ,77
CALLED 0.6267 ACRE RESIDUE-CALLED 84,8891 ACRES LOT 8, BLOCK 1
DONALD GLAIR DAWSON, ET AL CHARLES ANGELO, ET UX TO TO L21 773.28' S 86°27'35" w - AMENDED REPLAT OF SAN JOAQUIN
PETER LUX CHRISTOPHER ANGELO, ET UX L22 8.25 S 86�35'30" w ESTATES SECTION ONE
(007 07 31016 1-1990 caR) AND GUY/d INTEREST)GRAUGNARD, ET UX LOT ONE, BLOCK ONE
( (1/8 INTEREST) L23 12.95' N 36"03'31" E (P.R. 18, M.N. 2,3® G.C.M.R.)
8705450 005-08-1947)
02-10-1987 L24 64.92' N 36'03'31" E FRIENDSWOOD, GAL'VESTON COUNTY, TEXAS
DATE: 09-20-2005 1 SCALE: 1" = 150' JOB NO,: 11-841
I Y I
DWG. 1 1-841-EXHIBITS -
t ! S
FILED AND RECORDED
0FFl(','lAL PUBLIC RECORDS
200lUO06389
rc br'U,ar.¢ 05, 7-008 12:€5:10
Mary Arin Daigle, County C14�-r,k
Galveston County, TEXAS