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Home My WebLink AboutEasement - Clear Creek - GCCDD - Edward J. Stanton Notice of confidentiality rights: If you are a natural person,you may remove or strike any 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. EASEMENT AGREEMENT Grantor: Edward J. Stanton Grantor's Mailing Address: P.O. Box 750128, Houston, TX 77275-0128 Grantee: Galveston County Consolidated Drainage District, a political subdivision of the State of Texas Grantee's Mailing Address: 1605 Whitaker Drive, Friendswood,TX 77546- 4178 Grant of Easement 1. For the consideration described in Paragraph 2 below, Grantor grants to Grantee an easement and right-of-way upon and across the property belonging to Grantor described as Abstract 151, Page 4, Parts of Lots 6 and 7 (6-4) Block 9, Friendswood Subdivision,with the easement.comprised of fifty feet (50') in width and adjacent to the top of bank of Clear Creek, and along the property (the "Drainage Easement"). A drawing depicting the location of the easement along the property is attached as Exhibit A. Consideration 2. The easements described in this Agreement are granted in consideration of the Grantee's payment to Grantors of the sum of Ten and No/100 ($10.00) Dollars, and other valuable consideration,the receipt of which is acknowledged. Character of Easement 3. This instrument grants easements in gross. Purpose of Drainage Easement 4. The Drainage Easement and associated rights and privileges shall be used only for the purpose of selective clearing and grubbing of drainage improvements within Clear Creek, including without limitation ditches, and any culverts. All work and materials will be at the sole expense of Grantee. R201526 Duration of Easement 5. The Easement shall be perpetual. Warranty of Title 6. Grantor and Grantor's successors and assigns are and shall be bound to warrant and forever defend the Easements and the rights conveyed in this instrument to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim any interest in the property covered by the Easement. Exclusiveness of Easement 7. The Drainage Easement and associated rights and privileges is exclusive, and Grantors covenants not to convey any other easement or conflicting rights in the area covered by the Drainage Easement. Insurance 8. Grantee shall maintain workman's compensation and liability insurance covering Grantee for claims arising from or related to ongoing Work. Maintenance 9. Grantee shall maintain the Drainage Easement at Grantees's sole expense, and Grantee may remove any trees, shrubs,vegetation or other encroachments which interfere with Grantee's use of the Easements for the purposes set forth herein. Rights Reserved 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the Easement for any and all purposes that do not interfere with and prevent Grantee's use of the Easement. Entire Agreement 11. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. -2- a Dispute Expenses and Attorneys' Fees 12. If any controversy, claim, or dispute arises relating to this Agreement or its breach,the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs. Assignability and Binding Effect 13. This Agreement and the rights, privileges, and duties set forth herein shall be assignable. This Agreement shall bind and inure to the benefit of the Grantee and its successors and assigns, and the Grantors and their successors and assigns. Choice of Law 14. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. Counterparts 15. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Waiver of Default 16. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any • remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Further Assurances 17. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms,provisions, and conditions of this agreement and all transactions contemplated by this agreement. Equitable Rights of Enforcement 18. This easement may be enforced by restraining orders and injunctions -3- (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, and will be obtainable only by the parties, to or those benefited by, this agreement; provided,however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. Legal Construction 19. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. Notices 20. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail,return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. EXECUTED this a g 4. day of 34.,"e , 2017, at Friendswood, Texas. GRANTTO.:LAm,evd -4- GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By:y‘geAt5‘ Its: STATE OF TEXAS § § COUNTY OF GALVESTON § B FOREME, the undersigned authority, on this day personally appeared Ur„; 4 ,known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein stated. GIVEN UNDER MY HAND and seal of office t ism_ lay i f Ipie , 2017. 21? , 'ilf ��`ilt MARK HEIDAKER reitiA Notary Public,State of Texas Notary Public,State of Texas Comm.Expires 09-24-2020 V,i°p% Notary ID 11963520 STATE OF TEXAS § § COUNTY OF GALVESTON § EFORE ME,the u dersigned authority,on this day personally appeared /',�0 P„t,5i e." of Galveston County Consolidated Drainage District known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein stated. GIVEN UNDER MY HAND and seal of office this?1ay o 11,. , 2017.. , , , otary Public, tate of exas JP.k, MARK HEIDAKER � Notary Public,State of Texas 1.11%! %ter Comm.Expires 09-242020 -5- 0.410 Notary ID 11963520 Return to: — - j Property Acquisition Services, LLC. 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'e = N „= :. 4. www.ci.friendswood.tx.us 1 190. FILED AND RECORDED Instrument Number: 2017041449 Recording Fee: 46.00 Number Of Pages: 7 Filing and Recording Date: 07/06/2017 2:53PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. it_z4mtig.:: . ‘„ vet,i1 . . / . th.--- 1, ,. ..: , ‘: e p - �� `-' DwightD. S Wily an, County` Clerk ,, Gal.v es ton Cottn€t ', Iexa:s NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY - Warning, this document is part of the Official Public Record.