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Home My WebLink AboutEASEMENT (BEN F. WEEMS TRUST)EASEMENT �I STATE OF TEXAS § 1 § OVUM 101879163 V928304 $21.00 COUNTY OF HARRIS § ,Y That Ben F. Weems, Sturgis & Company and J. P. Morgan Chase Bank, Successor to First City National Bank of Houston, as Trustees of the Ben F. Weems Trust (hereinafter collectively sometimes referred to as "Grantor') for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid by the City of La Porte, a municipal corporation (hereinafter sometimes referred to as "Grantee" or "City"), the receipt and sufficiency of which is hereby acknowledged and confessed, and subject to the matters set forth or referred to herein, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, Its successors and assigns, an exclusive and permanent and perpetual easement and right-of-way (the "Easement") the perpetual j 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 water and wastewater facilities, ' together with all necessary improvements over, across, through and under that certain tract or parcel of land lying and being situated in the State of Texas and County of N Harris (being herein collectively referred to as the "Property'), more particularly described by metes and bounds on the attached Exhibit "A", and shown on the map (�) attached as Exhibit "B". This conveyance of the Easement is made and accepted subject to any and all matters, rights -of --way, easements, and all outstanding mineral and royalty interests, if any, affecting the Property, of record in the Office of the county Clerk of Harris County, Texas, to the extent, but only to the extent, the same are now in force and effect and relate to the Property and are enforceable against a political subdivision of the State of Texas. This conveyance of the Easement is further made and accepted expressly subject to the following matters: 1. Grantor reserves to itself, its successors and assigns, all oil, gas and other minerals in, on or under the Property, but waives all rights of ingress and egress for the propose of exploring, developing, mining or drilling for the same; provided, however, nothing In this reservation shall prohibit or in any manner restrict the right of Grantor, Its successors and assigns, to develop the Property for oil and gas by directional drilling from a nearby site, except that nothing contained herein shall authorize Grantor, its successor and assigns, to remove sand, soil, gravel or stone from the Property without the prior written consent and approval of Grantee. FILE FOR RECORD 8,00 AM JUL 11 2002 Parcel 8 County Nettie County, Texas G�1 Ui 2. Grantor reserves to itself, its successors and assigns, the right to construct across (but not laterally within) the Property any and all roads, rail lines, mains, bridges and other facilities and structures for rail transportation and/or utility purposes (hereinafter collectively referred to as "Improvements"), together with the right of ingress and egress over, upon, across and through the Property for purposes of constructing, installing, maintaining and removing such Improvements; provided, however, that nothing herein contained shall be construed as reserving to Grantor a right superior to the Easement herein granted, it being understood and agreed that the rights retained by Grantor are subordinate and inferior to the rights of Grantee and all such Improvements shall be constructed and maintained, and any removal thereof performed, so as not to interfere with the paramount right of use of the Property for the purposes described above, and provided further, that the plans for such Improvements shall he submitted to, and approved by Grantee in writing prior to the start of construction of such Improvements. 3. Grantee may delegate its rights hereunder to an owner of any property located adjacent or contiguous to the Property or an owner of any property that would be drained in whole or in part by the Easement contemplated herein; provided, however, that no construction or installation of drainage facilities within the Property may be commenced unless and until written approval Is obtained from Grantee as to the plans and specifications for such drainage facilities. TO HAVE AND TO HOLD the Easement, together with ali and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever, and, subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. IN TESTOMY WHEREOF, this Instrument is executed effective as of the - day of V6&4 , 2002, 7 Ben F. Weems J. P. MORGAN CHASE BANK, Successor to First City National Bank of Houston, Trustee of a the Ben F. Weems Trust Title: SSA' TLs�r�ryi�t �' wr STATE OF ". § COUNTY OF �§ Before me, the undersigned authority, on this day personally appeared 13en F. Weems, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this tA I day_, 2002. -- State �9��p00 VB VvG,•�P4o OF cove Gommissbn Eacpires 111A5'W3 STATE OF W § COUNTY OF -&X,YW § B fore me, the ders geed authority, on this day personally appeared ,�g��_,, of Sturgis &Company known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this da 2002. State OF 6)1 STATE OF fro De. § COUNTY OF M11 s § Before me, the undersigned auth rity, on this day personally appeared., /1 d� - � f J, P. Morgan Chase Bank, Successor to irst City National Bank of Houston, as Trustee of the Ben F. Weems Trust, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this , day of rh/ , 2002. *taublic - State of DEIPHiNE W. BERRY NOTARY PUBUC STATE OF TEXAS My Comm Exp, Q(1*2006 AFTER RECORDING RETURN TO: ASKINS & ARMSTRONG, P.C. P. O. Box 1218 La Porte, TX 77572-1218 0 ADDRESS OF GRANTEE: CITY OF LA PORTS 60A W. Fairmont Parkway La Porte, TX 77571 PREPARED 1N THE OFFICE OF: ASKINS & ARMSTRONC, P.C. P. O. Box 1218 . La Porte, TX 77572"1218 xXnLOJOA "A" METES & BOUNDS DESCRIPTION 20 FEET WIDE SEWER LINE EASEMENT Being a 20.00 feet wide casement across that certain call 8.754 acre tract of land comprising part of the Town of La Porte (Vol. 60, Page 112', H.C.D.R. ), W. P. Harris Survey) A-30 Harris County1; , Texas. The 8.754 acre tract beir'described as Parcel 8 in exhibit A according to the instrument recorded in Harris County Clerk's File No. L798942, Film Code 124- 754499, The 20 feet wide casement containing 0.3046 acres of land is more particularly described by metes and bounds as follows; BEGINNING at a �/8 inch iron rod found for tha Northeast comer of Parcel 8; said point being coincident with the South right -of --way line of Wharton Weerhs Boulevard as described in the instrument recorded under H,C,C.F. No. B563165 and being coincident with the Northwest comer of Parcel 7 as described in the instrument recorded under H.C.C.F. No. L798942. Thence; South; coincident with the East boundary line of Parcel 8 and the West boundary line of Pareel7; a distance of 485.74 feet ( call 485.53 feet ) to a 5/8 inch iron rod found for the Southeast corner of Parcel S. Thence, N 89 degrees 46 minutes 11 seconds W (call N 89 degrees 44 minutes 02" coincident with the most Northerly South boundary line of Parcel 8 and the Northerly boundary line of a 69.35 acre tract described in the instrument recorded under H.C.C.F. No. K784741; a distance of,99.94 feet (call 100.00 feet) to a 519 inch iron rod found for corner. Thence, S 12 degrees 55 minutes 31 seconds W (call S 12 degrees SS minutes 28 seconds W); coincident with the East boundary line of Parcel 8 MU the Wcst boundary line of the aforementioned 69.35 acre tract; a distance of 79.97 feet (call 80.00 feet) to a 518 inch iron rod . found for the most Westerly Southeast corner of Parcel 8 and the Northeast corner of Parcel 9 as described in the instrwnent recorded under H.C.C.F. No. L798941. Thence, N 89 degrees 44 minutes 02 seconds W; coincident with the South boundary Line of Parcel 8 and the Nbrth boundary line of the aforementioned Parcel 9; a distance of 20,50 feet to a point for the Southwest comer of this casement. Thence, N 12 degrees 55 minutes 31 seconds E; parallel with the East boundary line of Parcel 8; a distance of 100.46 feet to a point for corner. ry Thence, S 89 degrees 46 minutes 11 seconds Be parallel with the most Northerly South bounda line of Parcel 8; a distance of 95.86 feet to a point for corner. PAGE 1 OF 2 J1 J 1 v • • 1 Thence, North; parallel with the East boundary line of Parcel 8; a distance of 464.91 feet to a point for the Northwest corner of this easement. Thence, N 87 degrees 50 minutes 08 seconds E; eoincidant with the South tight -of -way line of Wharton Weems Boulevard; a distance of P. feet RETURNING TO THE POINT OF BEGINNING, (Bearings arc refercnced to the East boundary line of that certain called Parcel 3 (41.992 Acresj as described in the instrument recorded under Hams County Clerk's File No. L798940 or Harris County Clerk's Film Code No. 12445A468.) H. Carlos Smith Tex. Reg, Prof. Surveyor Nov 1228 Date; February 10,1999 Project #3182-98 REVISED: MARCH 21,2000 o V 0 izza s; %�XJ-31ot;., ;•t'd''•....rV J4'L PAGE 2 OF 2 1 fy'� � `I� � I I I � � I, S� ,n�6' ''�Rf �r 4�7�'(J,� 1' I I�� M� i �� (Parcel 8) urr IRVItSA%NEAUAYfl101 uSIPoC,SmE sut,nF�tlµ, oa USF � ne oESCF�8E0REN /ROPERtt tEUVIE 0f tOIM W IUtE 6 NIAGAIIDVMFUDIItF1JlE VIDER IEIXIUI IAtI, THE STATE OF TEXAS COUNTY OF HARRIS _ d LU"W#%: dty NaM*hMc A kIra*dRWxP"0" trwq,hmu JUL 1 12002 COUNTY CLERK