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Home My WebLink AboutSANITARY SEWER EASEMENT (TASS HOLDINGS-CVS1)RP-2"18 33234 09/21/2018 RP2 $40.00 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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. UTILTTY EASEMENT THE STATE OF TEXA5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF RABBIS THAT, Donald W. Giffm and wife Mamie Joy Griffm, hereinafter collectively called "Grantor", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of La Porte, Texas, hereinafter called "Grantee," the receipt and 1 sufficiency of which is hereby acknowledged by Grantor, does hereby GRANT, BARGAIN, SELL, GPdE, TRANSFER AND CONVEY unto said Grantee, its successors and assigns, an exclusive and perpetual easement and right-of-way upon, in, on, over, under and across that property situated in the City of La Porte, Harris County, Texas, described and depicted in Exhibit A attached hereto and incorporated herein for all purposes (the"Easement Property") for the Easement Purpose (as hereinafter defined), together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"). The said Easement may be used (i) for the purpose of constructing, installing, improving, operating, using, inspecting, repairing, maintaining, reconstructing, replacing, and removing sanitary sewer utilities (the "Facilities"), together with all and singular the rights and appurtenances, facilities, equipment and attachments thereto in any way belonging or related, including, without limitation, lines, pipelines, valves, manholes, manhole vents, lateral line connections, and junction boxes, and (ii) for grading and slope construction, improvements, installation, replacement, use, inspection, operation, repair, reconstruction and maintenance, and related facilities and appurtenances, in, over, across, through, and under the Easement Property (the "Easement Purpose"). Grantee, its officers, officials, employees, agents, representatives, contractors, subcontractors, licensees, successors and assigns shall at all times have the right and privilege to access the Easement Property for the Easement Purpose, however, Grantee shall use reasonable efforts not to interfere with Grantor's business operations. 48713243v.3/078186-000077 Grantee has, together with the Easement and for the consideration set forth herein, the right of ingress and egress upon, over and across as much of Grantor's adjacent lands as may be reasonably necessary for the purpose of constructing, installing, improving, operating, using, inspecting, repairing, maintaining, reconstructing, replacing, relocating, and removing such utilities and all appurtenances, facilities, equipment and attachments thereto; the right to prevent possible interference with the operation of said utilities and to remove possible hazards thereto; and the right to prevent the construction within the Easement Property of any building, structure or other obstruction or encroachment which may endanger or interfere with the efficiency, safety and convenient operation of said utilities and the appurtenances, facilities, equipment and attachments thereto. Grantor agrees, for the consideration set forth herein, not to construct or place within the Easement Property, any buildings, structures, or other improvements of any nature whatsoever, or any shrubs, trees or other growth of any kind, or otherwise interfere with the Easement, without the prior written consent of Grantee. Grantee shall have the right to remove, and keep removed, all or parts of any building, structure, or other improvement, or any shrub, tree, or other growth, of any character that is located within the Easement Property which, in the judgment of Grantee, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation and maintenance of the facilities described herein or the exercise of Grantee's rights hereunder. The Grantor covenants that Grantor is the owner of the above -described property and that the consideration recited herein shall constitute full and final payment for the Easement and for all damages sustained by Grantors by reason of the installation of the structures referred to herein. This agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Easement and the rights and privileges herein granted are and shall be perpetual, irrevocable, and exclusive to Grantee, its successors and assigns. Grantee may assign, transfer, or otherwise convey this Easement in whole or in part. This Easement shall be construed under the laws of the State of Texas, without regard to its choice -of -law rules of any jurisdiction; venue is in Harris County. TO HAVE AND TO HOLD the Easement herein granted, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and assigns forever. Grantor does hereby bind Grantor and Grantor's heirs, successors and assigns to WARRANT AND FOREVER DEFEND the Easement, or any part thereof, herein granted to Grantee and Grantee's successors and assigns against every person lawfully claiming or to claim the Easement or any part thereof, through Grantor, but not otherwise, subject to all matters of record as of the date hereof. Grantee will at all times after doing any work in connection with the construction, operation, maintenance or repair of the Facilities, follow customary and standard sanitary sewer backfill practices and restore the Easement Property as close to the condition in which it was found before such work was undertaken as is reasonably practicable, but specifically excluding the replacement of blacktop or concrete surface improvements, trees, shrubs and/or other structures that were removed from the surface as a result of such work. The replacement or restoration of said surface items shall be the responsibility of Grantor. This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 48715243v.3 / 078186-000077 IN WITNESS WHEREOF, the said Grantor has executed this instrument this day of September, 2018. GRANTOR: D ALD W. GIFFIN MAMIE JOY GIFF ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF AARRIS The foregoing inshliment was Donald W. Giffin. CHRISTINA ANN MENDOZA Notary ID #129341211 xpiresMy Commission E 01aMar 13,22 THE STATE OF TEXAS COUNTY OF FIARRIS The foregoing instillment was Joy Giffm. ��"° a CHRISTINA ANN MENDOZA U=Notary ID #129345216 My Commission Expires 4 Mar 13,2021 C2) acknowled ed before me on Septe er t 2018, by (� J Public, State of Texas before me on September � 2018, by Mamie I O L State Aff��-;o�: �a+.tn Clou�e� co�enZv, wt �ga�e vy 0 FDArrnovY pkvjy a rorle I I x 77571 48715243v.3 / 078186-000077 [SIGNATURE PAGE TO UTILITY EASEMENT] AGREED AND ACCEPTED' G TEE: Corby A Wander, City Manage ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF RABBIS § The foregoing instrument was acknowledged before me on September L Z, 2018, by Corby Alexander, City Manager, City of La Porte, Texas. lo lHELLY D 61M0N Notary it # 126309519 My Commission Expires January 14, 2020 48715243v.3 / 078186-000077 Exhibit A, Page 1 of 3 Pages County, Harris Project:. Spencer at Underwood La Porte M.S.G. No: 181252-R Job Number: 3574-PL FIELD NOTES FOR 0.0362 ACRE Being atract of land containing 0.0362 sere (1578 square feet), locatedm the Wm. M. Jones Survey, Abstract Number (No.) 97, Harris County, Texas; said 0.0362 acre tract being a portion of Lot 172 of Block 10 of Spenwick Place Section Two, a subdivision of record in Volume 48, Page 11 of the Harris County Map Records (H.C.M.R,), per deed recordedin the name of Donald W. Giffin in Harris County Clerk's File (H.C.C.F.) Number20110483796; said 0.0362 acre tract being more particularly described bymetes andbounds as follows (all bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, per G.P.S. observations; coordinates are Texas South Central Zone No. 4204 State Plane Grid Coordinates (NAD83) and may be brought to surface by applying the following combined scale: 0.99988275712): BEGINNING at a 2-inch iron pipe (X: 3,210,728.34, Y:13,809,663.86)found marking the northwest corner of said Lot 172, being the northeast corner of Lot 173 of said Block 10, the southeast corner of Lot 166 of said Block 10, and the southwest corner of Lot 167 of said Block 10, and being the northwest corner of the herein described tract (from which a5/8-inch capped iron rod (M 3,210,720.65, X:13,809,810.91) found marking thenorthwost corner of said Lot 167, beingthe northeast corner of said Lot 166, and being on the south right-of-way (R.O.W.) line of Spencer Highway (I00-feet wide, no record information found), bears North 02 degrees 59 mhnutes 37 seconds West, a distance of 147.27 feet); THENCE, with the north line of said Lot 172, being the south line of said Lot 167, North 87 degrees 00 minutes 23 seconds East, a distance of 16.80 feet to an angle point for the northeast corner of the herein described tract; THENCE, through and across said Lot 172, the following three (3) courses: 1. South 02 degrees 06 minutes 06 seconds East, a distance of 78.52 feet, to an angle point; 2. South 42 degrees 14 minutes 00 seconds East, a distance of 54,14 feet, to an angle point;. 3. South 02 degrees 56 minutes 25 seconds East, a distance of 22.56 feet, to an angle point on the south line of said Lot 172, being the north R.O.W. line of Andricks Road (60-feet wide per Volume 48, Page 11, H.C.M.R.), for the southeast corner of the herein described tract; Exhibit A, Page 2 of 3 Pages THENCE, with the south line of said Lot 172, being the north R.O. W.1'pie of said A udricics Road, South 87 degrees 00 minutes 23 seconds West, a distance of 10.00 feet to an angle point for the southwest comer ofthe herein described tract (from which a 5/8-inch iron rod found marking the southwest corner of said Lot 172, being the southeast comer of said Lot 173, bears South 87 degrees 00 minutes 23 seconds West, a distance of 39.80 feet); THENCE, through and across said Lot 172, the following four (4) courses: 1. North 02 degrees 56 minutes 25 seconds West, a distance of 19.00 feet, to an angle point; 2, North 42 degrees 14 minutes 00 seconds West, a distance of 54.22 feet, to an angle point; 3, North 02 degrees 06 minutes 06 seconds West, a distance of 78.16 feet, to an angle point; 4. South 87 degrees 36 minutes 15 seconds West, a distance of 6.74 feet to an angle point on the west line of said Lot 172, being the east line of said Lot 173; THENCE,. with the line common to said Lofs l72 and 173, North 02 degrees 59 minutes 37 seconds West, a distance of 3.79 feet to the POINT OF BEGINNING and containing 0.0362 acre of land. An E3iIiIBIT of the herein described tract was prepared in conjunction with and accompanies this description. arolyn J. Qui P.L.S. cartotvt� o. auiNN Texas Registration No. 6033 Texas Firm Regishatiou No. 10047100 Ph:(713)413-1900 Date; August 15, 2018 Revised: August 21, 2018 DWG. 3574-EXH 2 M&B No. 181252 FOUND 518" CIR. %: 32107 0.65 Y:13809810.91 BREAKING I FREE FOUNDATION, INC H H.C.C.F, NO, I 20130343761 3 LOT p LOT 166 H 167 z DONALD W. GIFFIN AND WIFE, MAMIE N. GIFFEN H.C,C,F, No. J304016 I LOT L172 173 L SPENCER HIGHWAY (100' R.O.W.; NO RECORD FOUND) �TASS HOLDINGS LLCI H.C. .F. No. RP-2016-2I6231 I LOT 168 DONALD W. GIFFW H.C.C,F. No, 2011I 483796 FOUND 5/8" A I J FWND 1/2" IR—� 587'00'2J"W L5 BEARS 39.BD' S3T57'W, OAS I LOT 171 0.0362 ACRE (1578 SQ. FT.) LOT 169 I LOT 170 DONALD W. GIFFIN I I AND WIFE, MAMIE JOY GIFFIN H.C,C.F. No.. N057927 J ANDRICKS ROAD 60' WIDE PER VOL. 48, PG, 11, H.C.M.R. RENSID:I OB/21/20f0 70 CHANCE ORA9M'G Sf.AlE,ADO GRID CODRDWAIES EXHIBIT 0.0362 ACRE SANITARY SEWER EASEMENT LOCATED IN THE Wm. M. JONES SURVEY. A-97 IN ffi 4 SURVEY*GROUP w vmlltem rVey.com 5 1760 WE5T mm HOuSToN PARKWAY NORTHTFHOUSTON, TEm 77D43 9 PHONE713-413-1900*rAX 713413-1944 TIX FIN RMBTM MNO. 104IW q JDe NO.: 3574—N- SCALE; 1"=50' BATE OB/15/2018 nELO BOON: N/A $ UWG. NO.: 3574 -E#i 1.&q DRAWN nY: We CNK. BY: M&B No.; 181252 tha time of recordaflonI this in 1d to be Inadequate for the best roduction because of Illegibllll to copy, discolored paper, etc. Itions and changes were prose InaWMont was glad and marda Line Table Line Length Direction L1 16,80 NSTOO'23"E L2 78.52 S02'06'06"E L3 54.14 S4T14'00"E L4 22,56 S02'56'25"E L5 10.OD S87'DO'23"W L6 19,00 N02656'25"W L7 54.22 N42'14'00"W Le 78,16 NO2'06'06"W L9 6,74 S87'36116''W L10 3,79 NO2'59137"W NOTES: I 1. ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE PER CPS OBSERVATIONS. 2. A METES AND BOUNDS DESCRIPTION OF THE SUBJECT TRACT HAS BEEN PREPARED BY MILLER SURVEY GROUP AND ACCOMPANIES THIS EXHIBIT, 3. THE COORDINATES SHOWN HEREON ARE TEXAS SOUTH CENTRAL ZONE NO, 4204 STATE PLANE GRID COORDINATES (NAD83) AND MAY BE BROUGHT TO BY APPLYING THE FOLLOWING COMBINED SCALE: 0.99988275712 LEGEND H.C.C.F. =HARRIS COUNTY CLERK'S FILE H.O,M.R. =HARRIS COUNTY MAP RECORDS F.G. FOUND CODE FND =FOUND Nc. = NUMBER IR = IRON ROD P.O.B. = POINT OF BEGINNING C. = POINT OF COMMENCEMENT R.O.W. = RIGHT—OF—WAY SF. = SQUARE FEET PG. = PAGE VOL. = VOLUME Qi = FOUND 5/8—INC14 IRON ROD (UNLESS OTHERIMSE NOTED) • = ANGLE POINT FILED FOR RECORD lfiMWXOM_ VvM Friday, Sepl.ember 21 12018 COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument Was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED; in the Official Public Records of Real Property of Harris County Texas Friday, September21, 2018 l COUNTY CLERK °� S� HARRIS COUNTY, TEXAS