HomeMy WebLinkAboutPublic Sidewalk Easement - McDonald's Corporation - 302 S. Friendswood Dr. PUBLIC SIDEWALK EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GALVESTON §
THAT McDONALD'S CORPORATION, a Delaware comoration ("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, non
exclusive easement 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" 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 and to operate thereon all necessary machinery and equipment to
efficiently prosecute the work subject to the terms of the Easement Addendum attached to this
Agreement as EXHIBIT"B"and incorporated by reference herein
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 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
This conveyance is expressly made subject to any and all restrictions,mineral and/or royalty
reservations, covenants, and casements 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
Document#22106830
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
WITNESS MY HAND,this j-1_day of J 1 N1{ 2Q�1
FOR GRANTOR:
McDONALD'S CORPORATION,
A la i�r corp tion
Printed Name:(Se�Aq V ft44fMQ(
Printed Title: RS51S' A*-rt 'S6C QE-rA*r(
ACKNOWLEDGEMENT
ill I' n(D j
STATE OF Tf-X-Aft }
} KNOW ALL MEN BY THESE PRESENTS
COUNTY O: d }
Cr--XDt;
BEFORE ME,a notary public,on this day personally appeared <aVG,n 1 I
known tome or having proved to me to be the erson whose name is subscribed to the foregoing
instrument and acknowledged to me the gshe executed the same for the purposes and
considerations therein expressed.
GIVEN MY hand and seal of office this n day of ST
(A K. 20 .
Notary Public in and for the State of Texas _.r:l 1)h
My Commission Expires:
TANIA PATTON
Document#22106830 NOTARY PUBLIC•STATE OF ILLINOIS
MY COMMISSION EXPIRES:09/22123
ACCEPTED BY GRANTEE` A ST
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orad Kab r eticia Brysch
City Manager City Secretary
��oF FRIE/ypS, o
Return to Grantee at
City of Friendswood U n` ov
Engineering Department
15355 Blackhawk Boulevard
Friendswood, TX 77546
9TF O F TE.�P
EXHIBIT A Y
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EXHMIT B
Easement Addendum
1) Grantee will construct the sidewalk in a good and workmanlike manner and will keep the
Facilities in good maintenance and repair at its sole cost and expense
2) Unless otherwise agreed in writing, immediately after Grantee completes any work in the
easement area, Grantee will restore the easement area to the same or better condition as it
was in before Grantee began the work and to a safe condition, and will remove all of its
equipment,tools trash and debris from the easement area
3) Unless otherwise agreed in writing, Grantee will not move, remove or demolish any of
Grantor's signs, access drives curbing or other improvements located with in the easement
area
4) Grantee will separate by cones or other appropriate construction safety barriers ("cone off')
the easement area while Grantee performs any work in the easement area
5) Grantee will perform all work in such a manner so as to not unduly disrupt the operation of
the McDonald's restaurant on grantor's property Grantee will "cone off' no more than 4
parking stalls at any one tune,and will not"cone off'or block in any manner more than half
of any access drive at any time, allowing at least one lane open at all tunes in each access
drive for vehicular traffic
6) Grantee will not park on or store any construction vehicles, equipment or materials within
the easement area or on Grantor's other property
7) If any damage occurs to Grantor's property or any improvements thereon arising out of,
related to, or as a consequence of any of Grantee's work in the easement area, Grantor
promptly will notify Grantee in writing of the damage Unless otherwise agreed by the
parties, Grantee will repair the damage (or commence and diligently pursue repairing the
damage)within 30 days after receipt of Grantor's notice
FILED AND RECORDED
Instrument Number 2021045635
Recording Fee 42 00
Number Of Pages.6
Flung and Recording Date 06/23/2021 8:34AM
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
r
°oti F °2 Dwight D Sullivan, County Clerk
�0 cAw Galveston County, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record