HomeMy WebLinkAboutEasement - Clear Creek - GCCDD - James F. Fairleigh • , I 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: James F. Fairleigh, D.D.S., a/k/a James F. Fairleigh, III Grantors' Mailing Address: P.O Box 985 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 in Exhibit A attached hereto (the "Drainage Easement"). 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. 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 Parcel 202038/202044 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 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 4815-1938-5903,v.2 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 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 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 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 4815-1938-5903,v.2 remedies available at law or in equity. 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 at day of "4yv5tti. , 2018, at Friendswood, Texas. GRANTOR 41}r1;141- Ja es F. 1 airleigh, D.D.S., a James F. Fairleigh, III GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: Its: Board President 4815-1938-5903,v.2 STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME,the undersigned authority, on this day personally appeared James F. Fairleigh, D.D.S., a/k/a James F. Fairleigh, III, 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 2.1 day of At 1- , 2018. L1;4: 0, JOSEPH ANDERSON ,�.. N tar ublic, State of Texas .• (6_Notary Public,State of Texasy�: o� Comm.Expires 02-07-2021 A',;�'•`: ` , . .•. if) 130996519 STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared Harold Whitaker, Board President of the 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 as day of A 4346-, 2018. Qc40$ �..`..1.Y.k., JOSEPH ANDERSON No ary Public, State of Texas $' ' ;�(c Notary Public, State of Texas �-vi .�+• Comm. Expires 02-07-2021 '4nm1"� Notary ID 130996519 4815-1938-5903,v.2 P.O.C. POINT OF COMMENCING 2' - ° 5aE"R R K �nwvK 0 150 300 P.O.B. POINT OF BEGINNING �7 SCALE: 1"=1 50' Ty. '1 D0.P•� 5 A D44°K - _ tyJ dQ d'�5'. 7 ,� Z ��o�o-Dv 'y�`"L"�II'e'a y ` 1 LINE BEARING DISTANCE ` y pf�� v (,�'PS'10b L1 N 41°41'37"E 87.93' a,IGE -";,,"L13' LW RL F �d.4eItS09°'4, L2 S 59"53'34'E 11.31' ' i (4 \1 V ,6•Lt` L3 567°15'30"E 33.54' " 9J��N\ .� s 1 JO 0' L4 N 82°30'08"E 25.75' �{`�,,',,�,!lt{'t\dldj �AnesFFAIRtEirrt lil L5 N 33°18'00"E 34.92' SEy`,ry4f� 43, LAVLDZ�1l 7. 2RE5 L6 N 19°08'02"E 16.71' `/ 40�� N/GyDPoNK • GCDR L7 N 14°39'49"W 68.72' 7. LB N 02"2T2T E 30.15' I4;es4s¢sr • L9 N 12°39'I9"E 10.55' OR ''� L10 N 25°24'40'E 36.47' 31BACRES CI,O'FRIENDSWXD L11 N78°42'24"E 20.61' - - --- ' iy r EMPERECHATEAU,SECTION TWO I L12 S86°12'12'E 22.58' • G GEc,IO MINIM! L13 S 49°3233'E 50.11' • L14 S 33°25'16'E 110.00' • c LL146558 K _ 1� • a � -_---4 + , J L15 S41°02'19"E 74.38' X L16 S 49°49'48'E 21.03' { 1 .,�+- ='-'•' t• • L17 S 74°07'43"E 90.21' T �,U1 1i • L18 N 84"59'53"E 41.58' 2 , _ lAmESFFAIRLEILW DVS Al wuwRni clDscwmAm L19 N74°37'42"E 33.52' T ' ` L. ucLEDl.7ssodAcleEs �d� WIPE SLrELLENGDsav L20 N 37°04'43"E 93.21' W P.OD. ,� /PART LOT/5/ � LOT Id „�5d GCC..rW d]l/dd2 °."'� L31 9 501 EMPERECNATEAU SECT/ONLINE+ L21 N 39°30'00"E 40.16' ti 4j� \140'00 VOL ens PG ldd GCDR L22 N78°41'08'E 40.45' �'�� � I L23 S 74°39'09"E 55.23' A'I �•X L24 S 45"16'00"E 19.76' O L/ R/CHARD/GIDSON JRAND ' Li WIFE SUE ELLEN G/PSON L25 S45°16'00"E 13.76' g 5 Pt CALLED l.961/L'"RES r L26 S30°26'43"E 111.25' "9 --- df ,4� VOL Olt PG MP GCDR ,pJ LOT ro '+'I 0\',,(�'�'Or-1 L,V L27 S 38°48'40"E 114.34' /GREGORYDRUNO S1'1\OtJ • 46 c,�'Pd\61 L28 S 41°41'37"W 79.56' I!i / GCC,A0200400",S9 . � SLO \5/I. • 'w 4f'\�Ce4 L29 N61°53'10"W 54.56' --- --• - , M L5 c z� ° ' 1yV'Ot" L30 N 69'32'34"W 28.78' j'�I �y-y Ly(`�36 - i ,10 L31 N 53°05'38"W 17.82' 0' V V 1 RSO.OD' L P26.7T JAMESF FAIRLEIGH/llfWD - q�.4 \�54U•Q, �'t I 030°4034° WIFE MARGARET1 FAIRLEIGH l ------+ ' ,5 l,' l CALLED)ldd/ORES i ! �' J8° 0 � , • �.` R50.00, /REMAINDER LOT IS/ j 11 ,y,.,% VOL RV..PG 46S GLPP T / i y/ /' ``51;.,'D%'51242 t-lt + Z 1 1 032.16 R//,5585 GIDSON/RAND 1 2 035"5232 WIFE SUE ELLENGLUON i LOT/1 11 11\1, 0, 41,117E 105. CALLED/aSIAPER PhGREGORYDRfM01\ �e VOL ISIS PGM GCDR i Off-II 2004 ZPJ 1 114 4K i POE rvlla•IRON ROD NOTES: . I. Lore" I.BEARINGS,DISTANCES AND THE COORDINATE SHOWN HEREON ARE SURFACE SURVEYOR: AND BASED ON THE TEXAS COORDINATE SYSTEM OF I 983.SOUTH CENTRAL F.M.S.SURVEYING ZONE,No.4204(SCALE FACTOR=0.999869241). OWN: KR IOC PROP D We 202030 a 202044I SCALE: 1"=150'I JOB #57024 I ORIGINAL PLOT DATE:4-18-18 2.A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED IN 19701 STATE HIGHWAY 6, -- - - — CONVECTION WITH THIS EXHIBIT. MANVEL,TEXAS 77578 DI 3,28 ACRE EASEMENT OUT OF THE JAMES F. FAIRLEIGH, ' 3.THE SURVEYOR HAS NOT ABSTRACTED THIS PROPERTY.THIS EXHIBIT WAS CONTACT:JASON P.SHERIDAN S . 'YING, D.D.S. CALLED 3,79906 ACRE TRACT, RECORDED IN G.C,C,F. SHEET PREPARES WITHOUT THE BENEFIT OF A TITLE REPORT/COMMITMENT AND IS PHONE:(28 I)5 19-8530, EXT. 102 C NO. 8731882 AND THE JAMES F. FAIRLEIGH, III CALLED SUBJECT TO ANY AND ALL BUILDING LINES,EASEMENTS OR ORDINANCES THAT TBPLS FIRM# 10040400 _ _ 2.2292 ACRE TRACT, RECORDED IN VOL. 2687, PG. 23, MAY BE CONTAINED THEREIN AND/OR NOT REFLECTED BY THE DEED OF RECORD. !'- G,C.D.R. 4.AN ABSTRACT OF TITLE HAS NOT BEEN PERFORMED ON THE SUBJECT DRAFTING:KR - OF PROPERTY,THERE MAY BE OTHER MATTERS WHICH MAY APPLY. WWW.f07SSUNeylf9.COm lssrw133.. ET4 1978 CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS SEMIGJAIC ESTABL S ED 1978 GALVESTON COUNTY DRAINAGE DISTRICT GALVESTON COUNTY PROPERTY ID NOs.202038 and 202044 JAMES F.FAIRLEIGH,D.D.S. JAMES F.FAIRLEIGH,III STATE OF TEXAS § COUNTY OF GALVESTON § METES AND BOUNDS DESCRIPTION of a 3.28 acre(142,854 square feet)easement out of the James F.Fairleigh,D.D.S.called 3.79906 acre tract,recorded in Galveston County Clerk's File Number(G.C.C.F.No.)8731882 and the James F.Fairleigh,Ill called 2.2292 acre tract,recorded in Volume 2687,Page 23,deed records of Galveston County,Texas(G.C.D.R.)and being situated in the City of Friendswood,with said 142,854 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 easterly right-of-way(r.o.w.)line of 60 foot Richmond Lane,marking the west corner of Lot 15,Block 5 and the north corner of Lot 16,Block 5 of Heritage Estates,Section One,recorded in Volume 15,Page 7,of the map records of Galveston County,Texas(G.C.M.R.)and the west corner of the James F.Fairleigh,Ill and wife,Margaret I.Fairleigh tract (called 3.328 acres,recorded in Volume 3021,Page 483,G.C.D.R.; THENCE N 41°41'37"E,along and with the easterly r.o.w.line of said Richmond Lane and said 3.328 acre tract,a distance of 105.00 feet to a point at the beginning of a curve to the right,having a radius of 50.00 feet; THENCE in a northeasterly direction continuing along and with said common line being a curve to the right,having a radius of 50.00 feet, a central angle of 36°52'32",a distance of 32.18 feet to point of reverse curve,having a radius of 50.00 feet; THENCE in a northeasterly direction continuing along and with said common line being a curve to the left,having a radius of 50.00 feet,a central angle of 96°12'42",a distance of 83.96 feet to a point on said curve,marking the south corner of the James F.Fairleigh,D.D.S. tract(called 3.79906 acres)and same being the beginning point of the centerline of a 50 foot road easement,recorded in Volume 3021, Page 483,G.C.D.R.; THENCE in a northeasterly direction along and with the westerly line of said 3.79906 acre tract,easterly r.o.w.line of said Richmond Lane and along said curve to the left,having a radius of 50.00 feet,a central angle of 30°40'34",a distance of 26.77 feet to a 1/2 inch iron rod found,marking the west corner of said 3.79906 acre tract and the south corner of the Gregory Bruno tract(called Lot 14,Block 5), recorded in G.C.C.F.No.2004069959; THENCE N 41°41'37"E,along and with the common line of said 3.79906 acre tract and said Bruno tract,a distance of 233.74 feet to a point marking the most westerly corner and POINT OF BEGINNING of herein described easement; THENCE N 41°41'37"E,along and with said common line a distance of 87.93 feet to a point in the centerline of Clear Creek,marking the common corner of said 3.79906 acre tract and said Bruno 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 59°53'34"E,a distance of 11.31 feet to an angle point for corner; S 67°15'30"E,a distance of 33.54 feet to an angle point for corner; N 82°30'08"E,a distance of 25.75 feet to an angle point for corner; N 33°18'00"E,a distance of 34.92 feet to an angle point for corner; N 19°08'02"E,a distance of 16.71 feet to an angle point for corner; N 14°39'49"W,a distance of 68.72 feet to an angle point for corner; N 02°27'27"E,a distance of 30.15 feet to an angle point for corner; N 12°39'19"E,a distance of 10.55 feet to an angle point for corner; N 25'24'40"E,a distance of 36.47 feet to an angle point for corner; N 78°42'24"E,a distance of 20.61 feet to an angle point for corner; S 86°12'12"E,a distance of 22.58 feet to an angle point for corner; S 49°32'33"E,a distance of 50.11 feet to an angle point for corner; S 33°25'16"E,a distance of 110.00 feet to an angle point for corner; S 41°02'19"E,a distance of 74.38 feet to an angle point for corner; S 49°49'48"E,a distance of 21.03 feet to an angle point for corner; S 74°07'43"E,a distance of 90.21 feet to an angle point for corner; N 84°59'53"E,a distance of 41.58 feet to an angle point for corner; N 74°37'42"E,a distance of 33.52 feet to an angle point for corner; SHEET 2 OF 3 EXHIBIT "A" SLR Y1NG,�C EST n131...'Sif .1E 1978 GALVESTON COUNTY DRAINAGE DISTRICT GALVESTON COUNTY PROPERTY ID NOs.202038 and 202044 JAMES F.FAIRLEIGH,D.D.S. JAMES F.FAIRLEIGH,Ill STATE OF TEXAS § COUNTY OF GALVESTON § N 37°04'43"E,a distance of 93.21 feet to an angle point for corner; N 39°30'00"E,a distance of 40.16 feet to an angle point for corner; N 78°41'08"E,a distance of 40.45 feet to an angle point for corner; S 74°39'09"E,a distance of 55.23 feet to an angle point for corner; S 45'16'00"E,at 19.76 feet pass a point marking the common corner of said 3.79906 acre tract and said 2.2292 acre tract, continuing for a total distance of 33.52 feet to an angle point for corner; S 30.26'43"E,a distance of 111.25 feet to an angle point for corner; S 38°48'40"E,a distance of 114.34 feet to a point marking the east corner of said 2.2292 acre tract and the north corner of the City of Friendswood tract(Lot 31 of Empere Chateau,Section Two,Vol.7,Pg.18,G.C.M.R.),recorded in G.C.C.F.No.2002013388 and the most easterly corner of herein described easement; THENCE S 41'41'37"W,along and with the common line of said 2.2292 acre tract and said City of Friendswood tract,a distance of 79.56 feet to a point marking the southeasterly corner of herein described easement; THENCE over and across said 2.2292 acre tract and said 3.79906 acre tract as follows: N 82'35'36"W,a distance of 708.33 feet to an angle point for corner; N 61'53'10"W,a distance of 54.50 feet to an angle point for corner; N 69'32'34"W,a distance of 28.78 feet to an angle point for corner; N 53'05'38"W,a distance of 17.82 feet to the POINT OF BEGBNNING and containing 3.28 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= 0.999869241. 2.A separate Exhibit Map has been prepared in connection with this metes and bounds description. 0 F ) F.M.S.Surveying,Inc. 19701 State Highway 6, S tt R.Sheri n SCOTT�F?;SHERIDAN 281-519-8530 Manvel,Texas 77578 RPLS No.6171 .•1'�,r••6171 �`T� TBPLS FIRM No.10040400 _ - I ¶ ` � • S�)R.i Job No.57®24 EXHIBIT III.\ SHEET 3OF3 RETURN TO PAS-MARK HEIDAKER 19855 SOUTHWEST FREEWAY# 200 SUGAR LAND TX 77479 FILED AND RECORDED Instrument Number: 2018052837 Recording Fee: 58.00 Number Of Pages:10 Filing and Recording Date: 08/31/2018 10:37AM 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. ,;,,,k, efkbi, t ,,,,,..4,.w ,,,,,,,:%...\\ki k \ \)\ , ck\,,,,"x4..t.,:-..:s.,, 4..... t„ \� '„9� Dwight D. Sullivan, County Clerk `l'r, .''1Se', 3�Ga� e t'. n County, I e.,' as DO NOT DESTROY - Warning, this document is part of the Official Public Record.