HomeMy WebLinkAboutPublic Sidewalk Easement - My Family LLC - 103 E. ShadowbendTHE STA TE OF TEXAS
COUNTY OF GALVESTON
PUBLIC SIDEWALK EASEMENT
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KNOW ALL MEN BY THESE PRESENTS:
THAT MY FAMILY LLC -SERIES E ("Grantor"), for and in consideration of the sum of
One Dollar ($1.00) 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 said
Grantee, its successors, assigns and legal representatives, a perpetual easement for the purpose of
constructing, reconst ructing, altering, and maintaining a sidewalk in, on, upon, over, along and
across those ceitain tracts or parcels of land, (hereinafter the "Easement), shown in EXHIBIT
"A" attached hereto and made a part hereof for all purposes.
Grantee may do and perform all acts necessary to construct, recon struct, repair, or maintain
the sidewalk within said Easement 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
surface of the easement propeity 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 obstructions which endanger or may interfere with the efficiency of said
sidewalk; and the right of exercising all other rights hereby granted.
Grantor and Grantee expressly acknowledge and agree that this Easement, and the
agreement between Grantor and Grantee creating the Easement, shall in no way affect the
remainder of Grantor's currently existing property as it relates to any code, ordinance, or any
other rule or regulation enforceable by Grantee, including, but not limited to, new building
setback requirements, green space requirements, or detention requirements. Grantee
acknowledges that as of the date of this Easement, Grantor is in compliance with such codes
and/or ordinances, and the granting of this Easement shall not alter said compliance now or in
the future, as it relates to the currently existing prope1ty.
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.
TO HA VE AND TO HOLD the above described Easement, together with all and singular
the rights and appmtenances 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 pa1t 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.
WITNESS MY HAND, this Ll°11" day of l\ACLv-e,\'\
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Printed Name: l f✓D QCL,e c\ CYJif(\_,\
Printed Title: () Lo ::n e C
STATE OF TEXAS }
ACKNOWLEDGEMENT
, 20d:J..
} COUNTY OF GALVESTO N }
KNOW ALL MEN BY THESE PRESENTS
BEFO)ll: ME, a notary public, on this day personally appeared Ltonovc\ Chern, , known to me or having proved to me to be the person whose name is
subscribed to the fore oing instrument and acknowledged to me the he/she executed the same
for the purposes and considerations therein expressed.
GIVEN MY hand and seal of office this ��ay of Mctrth ,20J-.I.
lliNfihd Notary Public in and for the State of Texas
My Commission Expires: DJ )'l--z_, }7..,<SLL
ACCEPTED BY GRANTEE:
Return to Grantee at:City of Friendswood Engineering Department 15355 Blackhawk Boulevard
Friendswood, TX 77546
AMY ELKINS Notary ID #124277246 My Commission Expires July 22, 2022
ATTEST:
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Exhibit A: 103 E Shadowbend Ave
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TH[SE � AM fOA INTEIUW REVIEW AND NOT fOR CONS.TltUCTION. l!HINC OR ,CAMn PURPOSES.
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Texas 0,,partf()(J{1f of Transportation
FM 518
SIDEWALK EASEMENTS AND TEMP CONST LICENSE EXHIBITS (STA S8+00 TO ST A 67•00)
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Dl$TAICT" I C:QJN1'
HOU J GALVESTON
03 I 111
fFM 518
FILED AND RECORDED
Instrument Number: 2021017286
Recording Fee: 38.00
Number Of Pages:5
Filing and Recording Date: 03/11/2021 2:45PM
I hereby certify that this in strument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. Dwight D. Sullivan, County Clerk
Galveston County, Texas
DO NOT DESTROY -Warning✓ this document is part of the Official Public Record.
This form should be completed and foiwarded to the City Manager's 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 11, 2021
Date submitted: 12/30/2020
Prepared by: Glenda Faulkner, Executive Secretary
Subject: Authorizing the acceptance of the sidewalk easements associated with the Texas Department of
Transportation Sidewalk Project along FM 518 between FM 2351 and Whispering Pines Avenue and
approving their execution by the City Manager
Originating Department: Engineering
Degree of importance: Significant
Expenditure: Appropriation Amount Budgeted: Source of Funds:
SUMMARY/ ORIGINATING CAUSE
The Texas Department of Transportation will be letting its sidewalk infrastructure improvement project on
FM 518 (S. Friendswood Drive) in February 2021.
This $3.5 million project will consist of replacement of existing and construction of new sidewalk,
replacement of non-compliant ADA ramps, replacement of driveways, signing and pavement markings,
and traffic signals and pedestrian signals.
This project stretches for approximately 7,500 feet between FM 2351 and Whispering Pines Avenue.
For its portion of this project, the City of Friendswood is assisting TxDOT by obtaining permanent
easements in areas where suIiace real estate is necessary to build portions of sidewalks on currently
private property.
IMMINENT CONSEQUENCES/ BENEFIT TO COMMUNITY
Easements will need to be obtained from twenty properties on FM 518. A portion of these have already
been executed by the property owner and await execution by the City, after which they will be filed at the
office of the Galveston County Clerk.
Approval of this item will help expedite the process as the City Manager will execute the easements on
behalf of the City as they are submitted
RECOMMENDATIONS
Authorize the acceptance of the sidewalk easements associated with the Texas Department of
Transportation sidewalk project along FM 518 between FM 2351 and Whispering Pines Avenue and
approve their execution by the City Manager.
1.Master Public Sidewalk Easement
ATTACHMENTS
2.052620_ROW Easements Exhibits Combined
Routing Cover Sheet
This form is to be used as a cover sheet for all contracts, agree ments and other do cuments that require processing through the City Secr etary's Office.
Please provide the docu ment on one-sided paper , if appl icable.
Date Routed/Delivered 03/10/2021 ---------------------
Name and Department Engineering Department -Heather
Name of Document Public Sidewalk Easement -103 E Shadowbend Ave.
� Original
D Copy
How many? __ 1 __ How many? __ _
Exhibit(s) Yes __ ✓ __ No ___ (Please print one-sided and in color , if applicab l e)
Date approved by Council _J_a _nu_a-'ry'--11--'-,_2_02_1 ____________ _
Contact information of other party: Name ------------------Address ________________ _
Email ------------------Phone -----------------
Check all that apply: □Signature of Mayor0' Signature of City Secretary □Signature of other Party□Notary-Ql' Recording with County Galveston __ ✓ __ Harris __ _ □Copy to be mailed to other party□Original to be mailed to other partyQi' Copy to be sent to originating Department □Deadline for Completion of document Color PDF copy to Heather Van Dine Date __________ _ Special Instructions Please email colored PDF copy of d ocu ments once fully executed and recorded with the county.
City Secretary's Office Use Only Date Received 3 r £ 0 I a:(