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HomeMy WebLinkAboutDRAINAGE EASEMENT (MEDEARIS)askins askins p c ATTORNEYS and CqJJNSELORS Knox W Askins Clark T Askins July 1 2010 Ms Martha A Gillett City SecretaryCityofLaPorte City Hall La Porte Texas Re Scott B Medearis Drainage Easement Dear Martha I enclose herewith original Drainage Easement from Scott B Medearis to the City of La Porte which was recorded on June 25 2010 under Harris County Clerk s File No 20100271193 Please place this document in the City s permanent real estate records truly Knox W Askins City Attorney City of La Porte KWA sw Enclosure cc via email Mr Tim Tietjens Director of Planning 702 W Fairmont Parkway P O Box 1218 La Porte TX 77572 1218 281471 1887 phone 281471 2047 fax knoxaskins@comcast net ctaskins@swbell net y STATB OF TBXAS COUNTY OF BARRIS 20100271193 06 25 2010 RP3 24 00 DRAINAGE EASEMENT I I DOW ALL JlBN BY 1lIBSB PRBSJD1TS I I o N t1 IWi 10 I N i J That I SCOTT B MEDEARIS a single man 502 Heather Springs Drive La Porte Texas 77571 Grantor for and in consideration of Ten Dollars 10 00 cash and other good and valuable nn consideration paid by the CITY OF LA PORTE Grantee a Municipal corporation the receipt and sufficiency of which is hereby acknowledged and confessed and for which no lien is retained either express or implied has this day GRANTED BARGAINED SOLD AND CONVEYED and by these presents does GRANT SELL AND CONVEY unto said Grantee and to its successors and assigns the perpetual right privilege and easement with appropriate rights of ingress and reasonable working area for construction and maintenance to enter upon and construct reconstruct maintain operate inspect replace repair and remove an underground drainage system together with all appurtenances thereto over across through and under that certain tract or parcel of land lying and being situated in Harris County Texas and being more particularly described on Exhibit AR attached hereto and made a part hereof for all purposes Grantee covenants and agrees as follows i 1 Without limiting the generality of the foregoing Grantor shall have the right to keep and maintain pre existing roofed over recreational vehicle stall driveway vehicle parking area fence and locked gate on that portion of Grantor s property being conveyed to Grantee by this instrument and located at 502 Heather Springs Drive but only to the extent that it does not interfere with the function or location of said public storm sewer drainage facility Grantee shall be obligated to repair and restore property damage due to construction and repair to its drainage facility 2 Any change or removal of the roadway surface during construction that results in a change in the ability of the owner occupant to access the driveway of 502 Heather SpringsDrivewiththeowneroccupantsvehicleswillresultin replacement of the driveway entrance to match the slope grade and dimensions of the driveway at 5405 Stone Creek at the expense of the Grantee 3 Any removal of any portion of the driveway entrance at 502 Heather Springs Drive during construction will result in the replacement of the driveway entrance to match the slope grade and dimensions of the driveway at 5405 Stone Creek at the expense of the Grantee 4 Grantee shall provide Grantor with a minimum 72 hour advance notice of the start of construction TO HAVE AND TO HOLD the above described easement together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee and its successors and assigns in accordance with the terms and conditions hereinabove set forth the Grantor does hereby bind himself his heirs or assigns to WARRANT AND FOREVER DEFEND all and singular the said easement unto the Grantee its successors or assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof WITNESS THE EXECUTION HEREOF on this acknowledge and agree that the expression of their agreement on Exhibit An at ed hereto vVb day of JIay 2010 G Grantor and Grantee further Drainage Easement is the final concerning the easement described jII This instrument was acknowledged 1 Uyt L May 2010 by SCOTT B MEDEARIS I JJ IjJ I N I J i f III IIIIlorcGGYLEI11 y Pua i QF fol1IR If I 07241fflI11I11 I 1 on the day of Notary P sr 1 0 c0figcz rInzNt c Jl r n fTI r 1 0fTl 0 10 catPnoQ MAILXNG ADDRBSS OP GRANTBBI AITBR DooRDING DTUlUI TO I CITY OF LA PORTE 604 West Fairmont Parkway La Porte TX 77571 ASKINS ASKINS P C P O Box 1218 La Porte TX 77572 1218 A ten feet 10 wide strip of land out of Lot 17 Block 1 of Creekmont Section 1 Harris County Texas and more expressly described as follows D Beginning at the southwest corner of Lot 17 Block 1 of Creekmont Section 1 thence north 10 00 at a radial bearing of 110 00 thence east 161 11 parallel to the common lot line of Lot 17 Block 1 of Creekmont Section 1 and Lot 16 Block 1 of Creekmont Section 1 intersecting the back property line of Lot 17 Block 1 of Creekmont Section 1 thence south 10 00 at a bearing of N 20 52 30 W thence west 161 35 along the common lot line of Lot 17 Block 1 of Creekmont Section 1 and Lot 16 Block 1 of Creekmont Section 1 intersecting the front property line back to the point of beginning and containing 0 04 acres more or less N CI N I J t I N I I ORANDUM this instrument was found the best photQ9raphlC 0l lit carbon or photolJlll et All blackouts additions 1 r lrStnUllEftlrHttiletimethe 11 I cr recooJedl 1 ANY PROVISOHHEREIN WHKH RESTROS w lPROPERirSIJSEOFCOLORRlEii E REHTAL OR USE OfrHE DESCRIBED REllTHESTATEOFTExASIHCUHEHFOftCElSEHHDERAWWCOUNTYOFHARRISIhlttOr1tltrutIillllli1fFlfCFahlrtIII1MIllailtiEwR6EoiIrStlUIIlIenaetfIndIUIIIlnI1rcnIPlIOicReraaofRIflPetHIITi e JUN 2 5 2010 Jf COUNTY CIERKHARRISCOUNTY TEXAs Exhibit A