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HomeMy WebLinkAboutSANITARY SEWER EASEMENT (TASS HOLDINGS-CVS2)RF-2018-433231 04/21/2018 RP2 s40.00 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 TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THAT, TASS HOLDINGS LLC, a Texas limited liability company, hereinafter 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 sufficiency of which is hereby acknowledged by Grantor, does hereby GRANT, BARGAIN, SELL, GIVE, 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. 49098002v.1 / 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. 2 49098002v.1/ 079186-000077 IN WITNESS WHEREOF, the said Grantor has executed this instrument this day of September, 2018. GRANTOR: TASS HOLDINGS LLC, a Texas limited liability company Malrls �o I Mani, Managing Member By: / Aziz S tyani, n Member ACKNOWLEDGEMENT THE STATE OF TEXAS This foregoing instrument was acknowledged before me on September �, 2018, by Mansoor Dhanani, as Managing Member of Tass Holdings LLC4aTas limitedlabilitycopany, on behalf of 'i i li b' ity com any. �v CHRISTINA ANN MENDOZANotaryID N129345216 o, State of Texas My Commission Expires ''+ wiv Mar 13, 2021 COUNTY OF HARRIS § This foregoing instrument was acknowledged before me on September & 2018, by Aziz Satyani, as Managing Member of Tass Holdings LLC a Texas limited liability company, on behalf of said limited liability company, of ry ublic, State bf Texas !� "" CHRISTINA ANN MENDOZA V Notary ID #129345216 F,1 My Commission Expires .i Lle� on; �'0(h CJoWeS ©( `L)ie�Z© Wtnjode p/ Ma/ Mar 13, 2021 ��'TT rr I' li (nON I�1 �G�if vtnavl� '��WY t.o� �c+e-, ►x 7737-71 49098002v.11078186-000077 [SIGNATURE PAGE TO UTILITY EASEMENT] AGREED AND ACCEPTED: GRANTEE: 47 Corby A sander, City Iv�anager ACKNOWLEDGEMENT THE STATE OF TEXAS COIIN"I'Y OF HARRIS § The foregoing instrument was acknowledged before me on September 2018, by Corby Alexander, City Manager, City of La Porte, Texas. /�\ rotary Pu�c�State of Texas O*Ro� SHELLY D SIMON Notary ID # 126309519My Commission Expires January 14, 2020` 49098002v.1 /078186-000077 Exhibit A Page 1 of 3 Pages Cotmty: Harris Project: Spencer at Underwood La Porte M.S.G. No: 181251-R lob Number: 3574-PL FIELD NOTES FOR 0.0024 ACRE Being a tract of land containing 0.0024 acre (103 square feet), located in the Wm. M. Jones Survey, Abstract Number (No.) 97, Harris County, Texas; said 0.0024 acre tract being a portion of Lot 167 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 recorded in the name of Tass Holdings LLC in Harris County Clerk's File (H,C.C.F.) Number RP-2016- 226231; said 0.0024 acre tract being more particularly described by metes and bounds 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 southwest coiner of said Lot 167, being the northwest corner of Lot 172 of said Block 10, the northeast corner of Lot 173 of said Block 10, and the southeast comer of Lot 166 of said Block 10, and being the southwest corner of the herein described tract; THENCE, with the west line of said Lot 167, being the east line of said Lot 166, North 02 degrees 59 minutes 37 seconds West, a distance of 6.21 feet to an angle point for the northwest corner of the herein described tract (from which a 5/8-inch capped iron rod (X: 3,210,720.65, Y:13,809,810.91) found marking the northwest comer of said Lot 167, being the northeast comer of said Lot 166, and being on the south right -of --way (R.O.W.) Iine of Spencer Highway (100-feet wide, no record information found), bears North 02 degrees 59 rninutes 37 seconds West, a distance of 141.06 feet); THENCE, tluough and across Bald Lot 167, the following two (2) courses: 1. North 87 degrees 36 minutes 15 seconds East, a distance of 16.89 £eet, to atr angle point; 2. South 02 degrees 06 minutes 06 seconds East, a distance of 6.04 feet, to an angle point on the south line of said Lot 167, being the north line of said Lot 172, for the southeast coiner of the herein described tract; THENCE, with tholine common to said Lots 167 and 172, South 87 degrees 00 minutes 23 seconds West, a distance of 16.80 feet to the POIlVT OF BEGINNING and containing 0.0024 acre of land. O Exhibit A Page 2 of 3 Pages An EXHIBIT of the herein described tract was prepared in conjunction with and accompanies this description. &ARY4 a�✓YVI� Carolyn J. Qftinfl, R.P.L.S. Texas Registration No. 6033 CAROLYN J. ClUINN i 6033 v. i mrr,LER SURVEY GROUP Texas Firm Registration No. 10047100 Ph: (713) 413-1900 Date: August 15, 2018 Revised: August 21, 2018 DWG. 3574-EXH 1 Id&13 No. 181251 n FOUND 5/8" CIR SPENCER HIGHWAY y32t 07zO.es (l00' R.O.W.; NO RECORD FOUND) I Y:1380981 D.91 BREAKING As FREE FOUNDATION, ING 3 TASS HOLDINGS LLC H.C.O.F. No. ^nl H.C.C.F. No. RP-2016-226231 20130343761 AimLOT I LOT LOT 169 LOT 167 168 166 I I I 0.0024 ACRE NO3 GF' ' (103 SQ. FT.) I GG4' Q�'�O L2 r7 1 0�ya�G�� Q.1 P.O.B. i4 I ' p\'' \\G' FOUND 2" IP o X: 3210728.34 I I I gWAD .AD Y 13809663:88 v DONALD W. GIFFIN D 201104837796 a ' LOT LOT I LOT I 171 173 172 DONALD W. \ \ I GIFFIN AND I` WIFE GMF IIE N. _ \� H.C.C.F. No, 1 FOUND 5/8" IR FOUND 1 22" IN ANDRICKS ROAD BEARS S33'57'y 0.13' 6D' WIDE PEH.C.M,R. VOL. 48, PG, 11, REVISED: OG/21%2018 TO CHANGE ORABfNG SCAi� ADD CRNJ COCROINATES EXHIBIT 0.0024 ACRE SANITARY SEWER EASEMENT LOCATED IN THE Wm, M. JONES SURVEY, A-97 IN HARRIS COUNTY, TEXAS J00 NO.: 35]4—P4�SOPlE: i =5D�OAIE 00/15/2010�FlMP BOOK: N/A DWG. ND.: 357A—E#i 1.Kwg DiAWN BY: CJQ CHK. BY: h1&B No.: 101151 I LOT LOT 170 DONALD W. GIFFIN I AND WIFE, MAMIE JOY GIFFIN H.C,C.F. No, N057927 I -- Line Tabls Line Length vnectlon Lt 6,21 NO2'59'37"W L2 16.89 N8738'15"E L3 6.04 S02'OB'O6"E L4 16.80 58T00'23"W NOTES: 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 THI5 EXHIBIT. 3. THE COORDINATES SHDYRJ HEREON ARE TEXAS SOUTH CENTRAL ZONE 140. 42D4 STATE PLANE GRID COORDINATES (NAD83) AND MAY E BROUGHT SURFACE BY APPLYING THE FOLLOWING COMBINED SCALE: 0.99988275712 LEGEND H.C.C.F. =HARRIS COUNTY CLERK'S FILE H.C.M.R. =HARRIS COUNTY MAP RECORDS F.C. =FILM CODE FND = FOUND No. = NUMBER IR = IRON ROD P.O.B, = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R.O,W. RIGHT—OF—WAY SQUARE FEET PG, = PAGE VOL. = VOLUME Q = FOUND 5/8—INCH IRON ROD (UNLESS OTHERWISE NOTED) • = ANGLE POINT FILED FOR RECORD 8:14:08 AM Friday, September21, 2018 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, September 21, 2018 ��hQE tiia�q�fr� COUNTY CLERK HARRIS COUNTY, TEXAS