HomeMy WebLinkAboutEasement - Clear Creek - GCCDD - Gregory Bruno 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
Grantors: Gregory Bruno
Grantors' Mailing Address: 602 Richmond Lane
Friendswood, Texas 77546
Grantee: Galveston County Consolidated Drainage District, a political
subdivision of the State of Texas
Grantee's Mailing Address: 1605 Whitaker Drive
Friendswood, TX 77546
Grant of Easement
1. For the consideration described in Paragraph 2 below, Grantors grants to
Grantee an easement and right-of-way upon and across the property belonging to
Grantors described at 602 Richmond Lane, Friendswood, Texas, 77546, Abstract
151, Page 4, Part of Lot 7, Block 9 and Lots 11 through 14 of Block 5, Heritage
Estates 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 survey metes and bounds drawing depicting the location of the easement 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 Easements
3. This instrument grants easements in gross.
Parcel R201527 and R202034
Temporary Easement; Access Easement
4. Grantee may access the Drainage Easement, as would be reasonably
practical, by crossing any other property owned by Grantors from any public or
private road or other easement to which Grantee has access (the "Access
Easement"). Additionally, while any construction, repair or maintenance
(collectively, "Work") activities are ongoing Grantee may use, as would be
reasonably practical, up to an additional ten (10) feet outside the boundaries of the
Drainage Easement on a temporary basis for activities related to the Work (the
"Temporary Easement"). The right to use the Temporary Easement commences
with the initiation of construction activities on the property, and continues from the
commencement date for a period of two (2) years. On completion of the Work,
Grantee shall replace and restore all fences, bridges, paths, or other structures that
may have been relocated or removed during the Work. The Drainage Easement, the
Access Easement and the Temporary Easement are collectively referred to herein
as the "Easements." Grantee may establish reasonably practical rules from time to
time concerning use of the Access Easement and the Temporary Easement.
Purpose of Drainage Easement
5. The Drainage Easement and associated rights and privileges shall be used
only for the purpose of placing, constructing, operating, repairing, maintaining,
rebuilding, replacing, relocating, and removing drainage improvements, including
without limitation ditches, ponds and culverts. All work and materials will be at the
sole expense of Grantee.
Duration of Easements
6. The Easements shall be perpetual.
Warranty of Title
7. Grantors and Grantors' 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 Easements.
Exclusiveness of Easements
8. The Drainage Easement and associated rights and privileges is exclusive, and
Grantors covenant not to convey any other easement or conflicting rights in the area
Parcel R201527 and R202034
covered by the Drainage Easement. The Access Easement and the Temporary
Easement are non-exclusive, and Grantors reserves the right to take any desired
action with respect to the property covered by such easements as long as such action
does not materially impair or conflict with the rights of Grantee set forth herein.
Insurance
9. Grantee shall maintain workman's compensation and liability insurance
covering Grantee for claims arising from or related to ongoing Work.
Maintenance
10. 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
11. Grantors retain, reserve, and shall continue to enjoy the use of the surface of
the Easements for any and all purposes that do not interfere with and prevent
Grantee's use of the Easements.
Entire Agreement
12. 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.
Dispute Expenses and Attorneys' Fees
13. 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
Parcel R201527 and R202034
14. 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
15. 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
16. 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
17. It is not a waiver of or consent to default if the non-defaulting 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
18. 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
19. This easement may be enforced by restraining orders and injunctions
(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.
Parcel R201527 and R202034
Legal Construction
20. 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
21. 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 2 day of .f f , 2017, at Friendswood,
Texas.
GRANTOR
Greg., : :runo
GRANTEE
GALVESTON COUNTY
CONSOLIDATED DRAINAGE
DIST T
aott-
By: Harold Whitaker
Its: Board President
Parcel R201527 and R202034
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
Gregory Bruno, 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 is 20da of Septe ber,
2017.
<r �,, MARK HEIDAKER
,.•� ,, NotaryPublic, State of Texas
141/2 s Notary Public,State of Texas
,3L. "; Comm.Expires 09-24-2020
a';V '� �� Notary ID 11963520
411.11
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
Harold Whitaker, President 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 11 da of September,
2017.
`� 14:4e,,� MARK HEIDAKER
Rio•. L� Notary Public,State of Texas /
-V• 4* Comm.Expires 09-24-2020
%% `% Notary ID 11963520
Notary Public, State of Texas
AFT RECORDING:
Please return to:
Mark Heidaker
PAS Property Acquisition Services, LLC
19855 Southwest Freeway, Suite 200
Sugar Land, Texas 77479
Office 281-343-7171
Parcel R201527 and R202034
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING
�36�EEt4�CL 0 100 Z00
9P14\L Dry
S . S) \
V' 9P�� UNE BEARING DISTANCE
�\G�' L7 N 41'04'31" E 81.33'
�°g L2-1 L26 JAMESFA/72LE/GH L2 . S 83'12'49" E 21.07'
NORTH PART LOT 15L3
S 85'56'25" E 49.93'
q7 I S VOL 1805.PO.271 L4 S 88'56'24" E 69.18'
AND L5 S 86'22'10" E 45.25'
y, I o, O aVOL 302/.PG'in L6 S 84'59'15" E 44.77'
G
yaylr i .7�0 GLDR L7 N 8728'32" E 47.21'
1 f C n L8 N 85'56'35" E 42.68'
�10 11 C�?�9�cPEe (. I "? N L9 S 85'43'27" E , 65.66'
L10 S 63'22'53` E 41.56'
g C13 L16 I� I GREGORYBRUNO M 3 L11 S 65'03'18" E 32.88'
NJ �` L12 S 29'28'12" E 73.43'
14 US I G.LCf.NO ZDO/069959 M pq
L13 S 31'45'36" E 54.87'
86,630 5Q.FT yiGy� �� _� 0� L14 S 37'15'41" E 35.13'
�. I 4
1 0 1.989 ACRES O0 I 5 a \ \JA 11. L15 S 5415'40` E 44.34'
5 �� 1.�w to FO ES L16 S 65'14'10" E 32.80'
J1 �5 �P 1.A O0,5° L17 N 78'45'21" E 71.56'
�� g��8 C37 �y. I 4,�' ��5 OI��A "� PEti�. •
L18 N 81'31'24" E 52.18'
�� Li6 3 I PU v00 4(3 F4J,o L19 N 85'51'21" E 24.22'
.«.. 4. NP L35 L34 R�o I /S�'GO/•\0•- ' / \. t� ,\ L20 S as iz'is` E 2.29.
�� �y M I 0 I / \ L22 S 8730'11" E 42.02'
P E( �.� *ii / \ L23 S 67'04'25" E 60.07'
�q G� \. I I \ \ L24 S 60'09'39" E 30.69'
444.4
�\wG�P� ��ti ` I L26 N 53'05'36" W 13.17'
E 3� ( I , L27 N 64'06'44" W 36.26'
\ * /j L289 N 74'18'55" W 42.39'2.33'
P�� GREG-0RYBRUNO I o I \ L29 S 7418'S5" W
o C_ LOT 13
\ �\��9 �R� CALLED
BLOCK 9ES b I I GREGORYBRUNO \ 7 L30 S 74'42'O6` W 48.44'
r... \_ -- FRIENDSWOOD SU13D/V/S/ON N I j GccF.NO TOOv069959 I I I L31 S 64'35'27` W 60.72'
w ;e L32 N 85'53'44" W 65.98'
a , v 4.
� (VOL.2S'f-A,PG. 18J I Q%Y I I o I F," I I I I-- L33 N 59'07'59" W 51.25'
G.C.C.F.NO.ZOOY069958 o u�l I
3 .1, L34 N 54'30'31" W 66.12'
I z 172.08' `I qI ``,, ° L35N41'38'22: W ' 48.65' ,T Jpo q q W Jv°O o g o I 4 h L36 N 31'35'10" W 63.39'
h Pe o q �00 I I tk J I I A L37 N 30 38'07" W _48.66'
0 6 I I I p V 11 I o -L38 N 64'14'18" W 36.80'
W N ° qo v LA Mosr wEsrERLr M I I LOT 12 o I a L39 N 76'24'44" W 10.67'
O h,,T00. O W P0.8, NORTHGORNER
R Z p N 3 h Nv,i HERITAGE n I GCc NO 200,1069959 I 61 1 I -I- - - L401 N 88'25'47" W 54.45'
R o 0.'4-e 2<°O., - V ESTATES SEG/ I I L41 S 88'25'47" W 54.45'
3'''v z I/i'/RONROD I L42 N 81'49'51" W 53.40'
q 3 J o W R N 48'48'18" W 636.30' FOUND . sna'AE
q I I I L43 S 8T26'24` W _61.21'
W Q /V UE/VOL/5.PG 71 - -- - - -q- 4 _ I (VOL l5.PG.7)(VOL l5.PG 7J I I L44 N 88'47.16" W 47.27'
v 306.29' 110.00' 110.00' I 110.00' o- _ �"
P.OG LYDE 6UE NOL/5 PG7J
5 N 11
I a L45 N 87'07'57" W 56.46'
Sa20'AE(VOL/5.PG.7J -
tx 1/T"IRON ROD 0° I I �� - -� Ir-- -N 48'18'23" W 200.00' - L46 N 71'17'00" W 65.90'
NOTES: 0. I FOUND LOT 7 4V I LOT 8 I LOT 9 II I I LOT 10 I I II LOT 11 I I I I I I
AND BASED SON THE TEXAS COORDINATE, DISTANCES AlqD li-IE SYSTEM OF 983,SOUTH DINATE SHOWN HEREON RC CENTRE AL SURVEYOR:
ZONE, No. 4204(SCALE FACTOR= 0.999869297). F.M.S. SURVEYING DWN: KR IOC PROP ID NO..202034&2015271 SCALE: 1"=100'I JOB #55933 I ORIGINAL PLOT DATE: 9-14-17
2. A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED IN 1970 I STATE HIGHWAY G, 1.989 ACRE EASEMENT OUT OF THE GREGORY BRUNO LOT
CONNECTION WITH THIS EXHIBIT. MANVEL, TEXAS 77578
3.THE SURVEYOR HAS NOT ABSTRACTED THIS PROPERLY.THIS EXHIBIT WAS S R I YIlVG 14 OF HERITAGE ESTATES SECTION ONE, RECORDED IN SHEET
PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT/COMMITMENT AND IS CONTACT: JASON P. SHERIDAN IIVC G,C.C.F. NO, 2004069959 AND OUT ❑F A CALLED 4,730
SUBJECT TO ANY AND ALL BUILDING LINES, EASEMENTS OR ORDINANCES THAT PHONE: (28 I) 5 19-8530, EXT. 2 ACRE TRACT (CALLED LOT 7, BL❑00 9) OF FRIENDSW❑OD XF
' MAY BE CONTAINED THEREIN AND/OR NOT REFLECTED BY THE DEED OF RECORD. TBPLS FIRM # 10040400 1 SUBD., RECORDED IN G,C.C.F. NO. 24069958•
4.AN ABSTRACT OF TITLE HAS NOT BEEN PERFORMED ON THE SUBJECT www.fmssurve in .com
PROPERTY,THERE MAY BE OTHER MATTERS WHICH MAY APPLY.
y 9 ESTABL SI .ID 1978 CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS
SL R Y NG,jvc
ES"TABL S .ED 1978
GALVESTON COUNTY DRAINAGE DISTRICT
GALVESTON COUNTY PROPERTY ID NOs.202034 and 201527
GREGORY BRUNO
STATE OF TEXAS §
COUNTY OF GALVESTON §
METES AND BOUNDS DESCRIPTION of a 1.989 acre(86,630 square feet)easement out of the Gregory Bruno lot 14 of Heritage Estates
Section One,Recorded in Galveston County Clerk's File Number(G.C.C.F.No.)2004069959 and out of a called 4.730 acre tract(called lot
7,block 9)of Friendswood Subdivision,recorded in G.C.C.F.No.2004069958 and being situated in the City of Friendswood,with said
86,630 square feet of land being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found in the southerly line of the Edward J.Stanton called 4.26519 acre tract(called part of lots 6,
7,9 and 10,block 9 of Friendswood Subd.),recorded in volume 2855,page 171,of the Deed Records of Galveston County,Texas
(G.C.D.R.)and the northerly line of the Gregory Bruno called 4.730 acre tract(called lot 7,block 9 of Friendswood Subd.),recorded in
G.C.C.F.No.2004069958,marking the northerly corner of lot 7,block 5 of Heritage Estates Section One,recorded in Volume 15,Page 7,
of the plat records of Galveston County,Texas(G.C.P.R.)and the most westerly north corner of said Heritage Estates Section One;
THENCE N 41°04'31"E along and with the common line of said Stanton 4.26519 acre tract and said Bruno 4.730 acre tract,a distance of
47.98 feet to a point marking the most westerly corner and POINT OF BEGINNING of herein described easement;
THENCE N 41°04'31"E continuing along and with said common line,a distance of 81.33 feet to a point on the centerline of Clear Creek,
marking the common corner of said Stanton 4.26519 acre tract and said Bruno 4.730 acre tract and being the most westerly north corner
of herein described easement;
THENCE along and with the centerline meanders of Clear Creek as follows:
S 83°12'49"E,a distance of 21.07 feet to an angle point for corner;
S 85°56'25"E,a distance of 49.93 feet to an angle point for corner;
S 88°56'24"E,a distance of 69.18 feet to an angle point for corner;
S 86°22'10"E,a distance of 45.25 feet to an angle point for corner;
S 84°59'15"E,a distance of 44.77 feet to an angle point for corner;
N 87°28'32"E,a distance of 47.21 feet to an angle point for corner;
N 85°56'35"E,a distance of 42.68 feet to an angle point for corner;
S 85°43'27"E,a distance of 65.66 feet to an angle point for corner;
S 63°22'53"E,a distance of 41.56 feet to an angle point for corner;
S 65°03'18"E,a distance of 32.88 feet to an angle point for corner;
S 29°28'12"E,a distance of 73.43 feet to an angle point for corner;
S 31°45'36"E,a distance of 54.87 feet to an angle point for corner;
S 37°15'41"E,a distance of 35.13 feet to an angle point for corner;
S 54°15'40"E,a distance of 44.34 feet to an angle point for corner;
S 65°14'10"E,a distance of 32.80 feet to an angle point for corner;
N 78°45'21"E,a distance of 71.56 feet to an angle point for corner;
N 81°31'24"E,a distance of 19.54 feet passing a point marking the easterly corner of said Bruno 4.730 acre tract and the
northerly corner of the Gregory Bruno tract(called Lot 14 of said Heritage Estates Section One),recorded in G.C.C.F.No.2004069959,
continuing for a total distance of 52.18 feet to an angle point for corner;
N 85°51'21"E,a distance of 24.22 feet to an angle point for corner;
N 82°16'12"E,a distance of 40.79 feet to an angle point for corner;
S 85°12'16"E,a distance of 32.21 feet to an angle point for corner;
S 82°30'11"E,a distance of 42.02 feet to an angle point for corner;
S 67°04'25"E,a distance of 60.07 feet to an angle point for corner;
S 60°09'39"E,a distance of 30.69 feet to a point in the common line of said Bruno Lot 14 and the James Farleigh(North Part of Lot
15 of Said Heritage Estates Section One),recorded in Volume 2805,Page 271 and Volume 3021,Page 483,G.C.D.R.,marking the easterly
corner of herein described easement;
SHEET 2 OF 3
FMS
St R YNG,IlVC
ESTABL S Er, 1978
GALVESTON COUNTY DRAINAGE DISTRICT
GALVESTON COUNTY PROPERTY ID NOs.202034 and 201527
GREGORY BRUNO
STATE OF TEXAS §
COUNTY OF GALVESTON §
THENCE S 41°41'37"W,along and with said common line a distance of 87.93 feet to a point marking the southerly corner of
herein described easement,from which a 1/2 inch iron rod found at the common corner of said Lot 15 and 14 of Heritage Estates Section
One,bears S 41°41'37"W,233.74 feet;
THENCE over and across said Lot 14 and 4.730 acre tract as follows:
N 53°05'36"W,a distance of 13.17 feet to an angle point for corner;
N 64°06'44"W,a distance of 36.26 feet to an angle point for corner;
N 85°32'04"W,a distance of 52.33 feet to an angle point for corner;
S 74°18'55"W,a distance of 42.39 feet to an angle point for corner;
S 74°42'06"W,a distance of 48.44 feet to an angle point for corner;
S 84°35'27"W,a distance of 60.72 feet to an angle point for corner;
N 85°53'44"W,a distance of 35.05 feet passing a point in the common line of said Lot 14 and 4.730 acre tract,continuing for a
total distance of 65.98 feet to an angle point for corner;
N 59°07'59"W,a distance of 51.25 feet to an angle point for corner;
N 54°30'31"W,a distance of 66.12 feet to an angle point for corner;
N 41°38'22"W,a distance of 48.65 feet to an angle point for corner;
N 31°35'10"W,a distance of 63.39 feet to an angle point for corner;
N 30°38'07"W,a distance of 48.66 feet to an angle point for corner;
N 64°14'18"W,a distance of 36.80 feet to an angle point for corner;
N 76°24'44"W,a distance of 10.67 feet to an angle point for corner;
N 89°30'59"W,a distance of 65.64 feet to an angle point for corner;
S 88°25'47"W,a distance of 54.45 feet to an angle point for corner;
N 81°49'51"W,a distance of 53.40 feet to an angle point for corner;
S 87°26'24"W,a distance of 61.21 feet to an angle point for corner;
N 88°47'16"W,a distance of 47.27 feet to an angle point for corner;
N 87'07'57"W,a distance of 56.46 feet to an angle point for corner;
N 71°17'00"W,a distance of 65.90 feet to the POINT OF BEGINNING and containing 1.989 acres of land.
NOTES:
1. All bearings are Lambert grid bearings and all coordinates refer to the Texas State Plane Coordinate System,South Central Zone,as
defined by Article 21.071 of the Natural Resources Code of the State of Texas,1983 Datum(2011 Adjustment).All distances are actual
distances. Scale factor = 0.999869297.
2.A separate Exhibit Map has been prepared in connection with this metes and bounds description.
/is/i
F.M.S.Surveying,Inc.
7
19701 State Highway 6, Scott R. eridan
Manvel,Texas 77578 RPLS N .6171
TBPLS FIRM No.10040400 i E 9 ��
281-519-8530 ` �P'�C'tiSrFR°°
Job No.55933
. °tea Fo.�9N 1
SCOTT R. SHERIJX
-...p 6171 Q`:. .(
��j;Qo F** 0�
SHEET 3 OF 3
FILED AND RECORDED
Instrument Number: 2017059024
Recording Fee: 58.00
Number Of Pages: 10
Filing and Recording Date: 10/02/2017 10:35AM
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 -
� ��v `-' 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.
