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HomeMy WebLinkAboutDeclaration & Grant of Sanitary Sewer Easement - Dudestop Holdings LLC - 600 N FRIENDSWOOD DRTHE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DECLARATION AND GRANT OF SANITARY SEWER EASEMENT This DECLARATION AND GRANT OF ANI RY SEWER EASEMENT (this "Ap-reement") is made as of the y of 2021 (the "Effective Date") by DUDESTOP HOLDING LLC, a Texas limited liability company ("Grantor") and THE CITY OF FRIENDSWOOD, a home rule municipal corporation of the State of Texas ("Grantee"; together with Grantor, each a "Par " and together the "Parties"). WITNESSETH: WHEREAS, Grantor is the owner of that certain 1.5146-acre tract of land in Galveston County, Texas more particularly described on Exhibit "A" attached hereto (the "Property")-, and WHEREAS, Grantor desires to declare and grant a sanitary sewer easement over and across the 0.0505-acre portion of the Property described in Exhibit "B" attached hereto (the "Burdened Property") for the benefit of Grantee; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby declares as follows: 1. Sanitary and Sewer Easement. Grantor hereby creates and grants a permanent and perpetual, non-exclusive easement (the "Easement") over, across and through the Burdened Property for the purpose of installation, construction, operation, maintenance, replacement, alteration, repair, and upgrade of an underground sanitary sewer line and related facilities under, over, along, upon and across the Burdened Property, for the purpose of facilitating Grantee's repair and maintenance of the public sewer line located within the Easement. 2. Notices. For the purpose only of any notice hereunder, the address of the Parties to which all notices hereunder are to be sent is as follows: If to Grantor: Dudestop Holding LLC 416 Northeliff Ridge Lane Friendswood, Texas 77546 If to Grantee: City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, Texas 77546 Attention: City Manager 3. Benefits and Burden. The Easement granted herein shall benefit Grantee and shall burden the Burdened Property and the owner thereof. 4. Successors. The obligations herein shall run with the title to the Burdened Property and shall bind the owners of the Burdened Property and their successors and assigns. The benefits contained herein shall run with the title to Grantee and inure to the benefit of Grantee and its successors and assigns. 5. Equitable Rights of Enforcement. This Agreement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 6. Attorney's Fees. If any Party retains an attorney to enforce this Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 7. Waiver of Default. A default is not waived if the non -defaulting Party fails to declare default immediately or delays in taking any action with respect to the default. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 8. Severability. In the event that any of the terms or conditions of this Agreement shall be deemed invalid, illegal, or unenforceable in any respect, the validity of the remainder of this Agreement shall in no way be affected and shall remain in full force and effect to the fullest extent permitted by law. 9. Further Assurances. Each Party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this Agreement and all transactions contemplated by this Agreement. 10. Governing Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Texas with jurisdiction in Galveston County, Texas. 11. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 12. Reserved Rights. Gran for reserves and retains the right to grant other rights and easements across, over or under the Burdened Property to such other persons as Grantor deems proper, provided such other grants do not interfere with the use of the Easement by Grantee for the purposes set forth herein. 2 13. No Public Dedication. This is a private Easement and does not establish or contemplate any dedication of any property or other rights or privileges to the public or any governmental entity. 14. Exhibits. Each exhibit attached to this Easement is hereby incorporated into and made a part of this Easement. 15. Entire Agreement. This Agreement embodies the complete agreement with respect to the matters contained herein and cannot be varied or terminated except by written agreement between the then owner of the Burdened Property and Grantee. [Signature Page(s) Follow] IN WITNESS WHEREOF, Grantor has executed this instrument as of the Effective Date. GRANTOR: DUDESTOP HOLDING LLC, a Texas limited liability company By: Name: Title: STATE OF TEXAS COUNTY OF GALVESTON This instrument w acknow edged bef me on t is Say of 2021, byZ160Ac'�JA_ the — of DUDESTOP HOLDING LLC, a Texas limited liability company, on behalf of such limited liability company. j L- 9, Q'�L� �M"•Nl ; JENNIFER R ADAIR *= MyNolaryID#125MI388 Notar Public in and for the State of Texas �q;: ' E*kwAugust 10, 2025 GRANTEE: THE CITY OF FRIENDSWOOD, a home rule municipal corporation By: r , Name: orad Kabiri Title: City Manager STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on this ay of 2021, by Morad Kabiri, the City Manager of THE CITY OF FRIENDSWI alOOAa,ome rule municipal corporation of the State of Texas, on behalf of such municipal corporation. Public in and for the State' -of Texas LETICIA C 13RYSCM OW EXPIRES 12.04.2022 NOTARY 10 12593027-0 EXHIBIT "A" The Property Being a tract of land containing 1.5146 acres (65,974 square feet) located in the Perry and Austin League, Abstract Number (No.) 20 in Galveston County, Texas; Said 1.5146 acre tract being a portion of Unrestricted Reserve "B" of Annalea Kingspark Section "B" & Whitehall Section "B", a subdivision plat of record in Volume (Vol.) No. 1616, Page (Pg.) 100, transferred to Vol. 1, Pg. 15B of the Galveston County Map Records (G.C.M.R.) and being a portion of a called 7.053 acre tract recorded in the name of Hausman Interests, Ltd. in Galveston County Clerk's File (G.C.C.F.) No. 9543361; said 1.5146 acre tract being more particularly described by metes and bounds as follows (all bearings are based on the monumented westerly Right -of -Way (R.O.W.) line of Brandywyne Drive (60 feet wide as per Vol. 1, Pg. 13, G.C.M.R.), called South 26 degrees 55 minutes 08 seconds West): BEGINNING at a 5/8-inch iron rod found on the westerly R.O.W. line of Brandywyne Drive (60 feet wide as per Vol. 1, Pg. 15B, G.C.M.R.), being the northeasterly corner of Lot 1, Block 6 Annalea Kingspark Section "A" and Whitehall Section "A", a subdivision plat of record in Vol. 1, Pg. 13, G.C.M.R., being the southeast corner of said Unrestricted Reserve "B", and the herein described tract; THENCE, along the said southerly line of said Unrestricted Reserve "B", North 63 degrees 04 minutes 52 seconds West, a distance of 220.00 feet to a 5/8-inch iron rod with a cap stamped "Miller Survey Group" (MSG) set on the line common to said Unrestricted Reserve "B", said 7.053 acre tract, said Annalea Kingspark Section "A" and Whitehall Section "A", and marking the southwesterly corner of the herein described tract; THENCE, through and across said Unrestricted Reserve "B" and said 7.053 acre tract, North 26 degrees 55 minutes 08 seconds East, a distance of 299.76 feet to a 5/8-inch iron rod with a cap stamped "Miller Survey Group" (MSG) set on the southerly R.O.W. line of F.M. 518, a.k.a. N. Friendswood Drive (100 feet wide per T.X.D.O.T. R.O.W. Map, Control No. 976, Section No. 3, Sheet No. 4) and marking the northwest corner of the herein described tract; THENCE, along the line common to the southerly R.O.W. line of said F.M. 518, the northerly line of said Unrestricted Reserve "B" and said 7.053 acre tract, South 63 degrees 08 minutes 33 seconds East, a distance of 220.00 feet to a 5/8-inch iron rod with a cap stamped "Miller Survey Group" (MSG) set on the southerly R.O.W. line of said F.M. 518, being the most northerly corner of the west R.O.W. line of Brandywyne Drive and marking the northeast corner of the herein described tract; THENCE, along the westerly R.O.W. line of Brandywyne Drive, South 26 degrees 55 minutes 08 seconds West, a distance of 300.00 feet to the POINT OF BEGINNING and containing 1.5146 acres (65,974 square feet) of land. 6 EXHIBIT "B" The Burdened Property FIELD NOTE DESCRIPTION OF 0.0505 ACRE (2,200 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE "13-1", BLOCK 1, REPLAT OF RESERVE "B", ANNALEA KINGSPARK SECTION "B" AND WHITEHALL SECTION "B", ACCORDING TO THE MAP OR PLAT THEREOF RECORDED UNDER GALVESTON 2021003334 AND COUNTY CLERK'S FILE NO. LOCATED IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO. 20, CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS, SAID 0.0505 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83.): BEGINNING at a 5/8 inch iron rod with cap found at the intersection of the Northwesterly right- of-way line of Brandywyne Drive (60 feet wide) and the Southwesterly right-of-way line of N. Friendswood Drive (F.M. 518, 100 feet wide) for the Northeasterly corner of said Restricted Reserve "B" and the herein described tract; THENCE, South 26°53'32 West, along the Northwesterly right-of-way line of Brandywyne Drive, a distance of 10.00 feet to a point for the Southeasterly corner of the herein described tract; THENCE, North 63008'28 West, along a line being 10.00 feet south of and parallel to the Southwesterly right-of-way line of N. Friendswood Drive, a distance of 220.00 feet to a point in the Westerly line of said Restricted Reserve "B-1", same being the Easterly line of Restricted Reserve "B-2" for the Southwesterly corner of the herein described tract; THENCE, North 26053'32 East, along the common line between said Reserves "B- I" and "B-2", a distance of I0.00 feet to a 5/8 inch iron rod with cap found in the Southwesterly right-of-way line of N. Friendswood Drive for the Northwesterly corner of said Restricted Reserve "B-1" and the herein described tract; THENCE, South 63°08'51 East, along the Southwesterly right-of-way line of N. Friendswood Drive, a distance of 220.00 feet to the POINT OF BEGINNING and containing 0.0505 acre (2,200 square feet) of land, more or less. 7 ,%. RFSFR �Cr� £N �� a �F o LEG S. SANITARY sEWER---�' ( CT�D�Q (F \ ASEMENT \ =; No 'q M U.E.-TIL'T`" EASEMENT LINE TABLE \ S s3�8S�FFTNO ��o 1 700 P.IONE BEARIN�; DI TANCE 4 19 �l S 26`53'32" W 1t?.00' � 2 0, L : N 63' M' 51" w 2L0 00; ;.3 N 26' 53' 32" E 10. GO' �nc p B\� Any. 47 ?00 RESTRICTED RESERVE "B-2" N BL.00K (D ) / M M RESTRICTED RESERVE "B-1 ", REPLAT OF RESERVE "B", O• = ANNALEA KINGSPARK SECTION / "B" AND WHITEHALL SECTION "B" oo G.C.C.F. FILE NO. 2021035945 Mho Q) RFSFR q� s DUDE STOP HOLDING LLC. � ��u c).�' \ CALLED 1.5146 AC. G.C.C.F. NO. 2021003334 r \ \ 110167 141 H \ / /iH�o0FeN MCAE�A ZUMSTEG ::% 5127 ...t :.>. 9'��o� �4D SUFN6 EXHIBIT MAP OF 0.0505 ACRE (2,200 SQ.FT.) OF LAND OUT OF RESTRICTED RESERVE B-1, BLOCK 1, REPLAT OF RESERVE "B", ANNALEA KINGSPARK SECTION "B" AND WHITEHALL SECTION "B" AS RECORDED IN G.C.C.F. 2021035945. AND LOCATED IN THE PERRY AND AUSTIN LEAGUE, A-20, GALVESTON COUNTY, TEXAS. DATE: JULY, 2021 SCALE:1" = 60' `ALE ANALEA.COR CENTURY ENGINEERING, INC. SA--, ,.33 21017--00.00 3030 SOUTH GES%ER. SUITE 100. W)USTON. TEXAS 77063 (713) 70D-8871 TBPLS NO. �100965-0 N:\SURVEY\06048-'O.0 INTERPLAN ARCHITECTS\FM518 Ai BRANDYWYNE\7 -21 EXHIRI 10' SAN. SWR.D+ 8 FILED AND RECORDED Instrument Number: 2021069287 Recording Fee: 54.00 Number Of Pages:9 Filing and Recording Date: 09/22/2021 3:04PM 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. DO NOT DESTROY - Warning, this document is part of the Official Public Record.