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HomeMy WebLinkAboutNo Address - Drainage Easement - George A. Bofysil . �. • • THE STATE OF TEXAS) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON) 4 THAT WE, GEORGE A. BOFYSIL 3MSEMEMF, hereinafter referred to as "Grantor', " for and in con- sideration of the agreements of the Commissioners Court of Galveston County, Texas , hereinafter set forth upon the con- ditions and limitations hereinafter set forth, have GRANTED, SOLD and CONVEYED, and by these presents , do GRANT, SELL and CONVEY unto the County of Galveston, Texas , hereinafter referred to as "Grantee, " an easement or right-of-way for the purposes of building , maintaning, repairing and using a ditch through which water is to be flowed and drained from other lands , over, along and through a certain strip of land described as Exhibit "A" attached hereto and incorporated herein by reference. The consideration for the grant of this right-of-way is as follows : The Agreement of the Commissioner' s Court of Galveston County, Texas , pursuant to a resolution adopted by said Court dated the day of April , 1973 , a certified copy of which is attached hereto, to do or cause to be done at the cost and expense of Galveston County, Texas , the following : First to remove the top soil from the portion of said strip of land where the ditch is to be dug and place the same in a pile, then dig said ditch to the desired depth and grade and level off sides of said ditch and slope the land from the center of said ditch to the boundaries of said strip of land so that there will not be any embankments along or near the boundaries so that the water from the remainder of the tract of approximately eleven (11) acres of which said strip is a part will flow toward the center of said ditch in a sheet, then replace the top soil over the clay removed from said ditch and bulldoze and grade the same down to as near a level condition as practicable. After said ditch is completed or during the construction thereof , to install a culvert 30 feet in width and cover the same with soil as to provide a roadway and sidewalk across said ditch that is on the same level as the land adjoining said strip. Grantee shall have the rights of ingress and egress over and along said strip of land for such purposes and during the period of construction shall have the right to use the land of Grantor/ adjacent to such strip of land. After such construction is completed, all rights of Grantees in the use of any land other than the specifically described as Exhibit "A" shall ipso facto terminate. This agreement shall not become effective until all of the construction above referred to has been completed and if same is not completed in accordance with the above provisions within ninety (90) days from the date hereof, this deed, grant and easement shall terminate, ipso facto, and Grantors shall resume possession of said strip of land and Grantees shall re- move therefrom and Grantors shall have the right to build and maintain a dam to prevent the flow of water onto said strip of land. In addition to the promises and agreements of the County of Galveston, acting through and by its Commissioner' s Court, at the time of delivery h reof, G tee has paid to Grantors tie 6 //4 the sum of which represents the depreciation in the market value of the remainder of the tract or parcel of land in Lot Twenty-five (25) , I . & G.N. Survey, Section Five (5) , Galveston County, Texas , recorded in Volume 113, Page 22, in the Galveston County Clerk 's Office, Galveston, Texas , containing a total of approxim. :ely ` h-ven (11) acres and r - • u. v L the further sum o - i=.=•�•_-==-ala-.-�_- ==ae=41, a . for the total depreciation of the market value of said strip of land. In the event said promises and agreements of the Commissioner' s Court of Galveston County are not performed within the ninety (90) day period, such sums of money shall be retained by Grantors -2- as liquidated damages for the breach of contract by the County of Galveston. Grantor , their heirs and assigns, reserve the right to place flumes across said ditch for the purpose of transporting. water for irrigation or industrial use. Grantors, their heirs and assigns, shall have the right to construct, maintain, use, replace and repair upon said strip of land across and length- wise, roads, streets, sidewalks , curbs, gutters, storm and other sewers, water lines, power and gas lines, pipelines , bridges, culverts and railroad spur tracks and to pave said land and use the same for parking motor and other vehicles thereon, provided, however, any such uses shall not unreasonably interfere with the flow or passage of water through such ditch. Grantor reserve the right to fully use and enjoy such strip of land except for the purposes herein granted to Grantee; pro- vided, however, Grantor reserve the right to extract all oil, gas and other minerals in and under said strip of land; provided, however, Grantor waive the right to conduct drilling or mining operations or to install any drilling or mining equipment, tanks or other structures used in producing, exploring for, treating or saving oil, gas or other minerals upon said strip of land, except, however, Grantor shall have the right to build pipelines across said strip of land for the transportation of oil, gas , brine, water and other substances in such a manner as to not unreasonably interfere with the flow or passage of water along and across said strip of land. TO HAVE AND TO HOLD said right-of-way or easement, together with tile rights of ingress and egress upon said strip of land for the purposes above set forth from and after the date such work is completed in accordance with the foregoing, unto said County of Galveston and its assigns , so long as the same is used for the purposes above set forth. -3- (lam" WE, GEORGE A. BOFYSIL .,. BOFYSIL, do hereby bind ourselves, our executors and adminis- trators , to WARRANT AND FOREVER DEFEND all and singular the said right-of-way or easement unto the said County of Galveston, and its assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under us. WITNESS OUR HANDS this 5.,e/ day of April, 1973. tAt -11 GEORGE/ . OF SI y... • THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and - for said county and State, on this day personally appeared GEORGE A. BOFYSIL, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , the 5 day of April, 1973. /1 .g Notary Public in and for Harris County. T e x a s • EXHIBIT "A" DRAINAGE EASEMENT All that certain tract or parcel of land out of a tract in Lot 25, I & G. N. Survey Section 5, Galveston County, Texas, recorded in Volume 113, Page 22, in the Galveston County Clerk' s Office, Galveston County, Texas, and being more particularly described by metes and bounds as follows ; Commencing from the intersection of the Southerly right of way line (as fenced) of a 40.0 foot County Road (Lunday Lane) and the Easterly line of (as fenced) Lot 1, Van Pelt Subdivision; thence S.0°38'09"E. , and along said fence line a distance of 543.08 feet to the Place of BEGINNING: THENCE S.50°18'02"E. , a distance of 357 .57 feet to a point for corner; THENCE S.49 °05 ' 37"E. , a distance of 542. 88 feet to a point for corner; THENCE S. 21°39 ' 39"E. , a distance of 478. 94 feet to a point for corner in the Northerly right of way of a 150.0 foot Rice Canal (American Canal) ; THENCE West, and along the Northerly right of way of said Canal a distance of 37 . 61 feet to a point for corner; THENCE N. 21°39 ' 39"W. , a distance of 456.49 feet to a point for corner; THENCE N.49°05 ' 37"W. , a distance of 535 . 66 feet to a point for corner; I'IIENCI; N. 50°1.7 '49"W. , a (I1.;il ,1nCi' or 126. 54 foot l:c> a point. for corner in the Easterly line (as fenced) of Lot 1 and the Westerly line (as fenced) of Lot 25, L & G. N. Survey Section 5 ; THENCE N.00°O1' 31"W. , and along said fence line a distance of 45 .40 feet to the Place of Beginning and containing 1.083 Acres of Land, more or less.