HomeMy WebLinkAboutEasement - Clear Creek - GCCDD - Dennis Beasley and Apolla Beasley Notice of confidentiality rights: If you are a natural person,you may remove or
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EASEMENT AGREEMENT
Grantors: Dennis Beasley and Apolla Beasley
Grantors' Mailing Address: 907 Quaker Bend Drive
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 R201532
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, clearing brush, shrubs and
trees, 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 a day of 1-14.ie , 2019, at Friendswood,
Texas.
GRANTOR
11101tIlt A _ _/I
ifigraMO'
Ass itallIPP
4815-1938-5903,v.2
•
GRANTEE
GALVESTON COUNTY
CONSOLIDATED DRAINAGE DISTRICT
ILtoL! . tt2ki- Akct'
By:
Its: Board President
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared Dennis
Beasley 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.
l.
GIVEN UNDER MY HAND and seal of office this a�"—day of 5,44e ,
2019.
gio)isr,'� *� MARK HEIDAKER //
i
1�'."411NNotary Public,State of Texas ��
Ste* Comm.Expires 09-24-2020
,n Notary ID 11983520 Notary Pub ic, State of Texas
d1►
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared Apolla
Beasley 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 c S ~day of 140-'1 ,
2019.
ARK HEIDAKER
,` : Wry-Public,State of Texas
rt ;fit) oemm, Expires 09-24-2020'f4 , Notary ID 11983620 Notary Public, State of Texas
4815-1938-5903,v.2
1 '
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 thisl' a of , 019.
• Notary Public, State of Texas
MARK HEIDAKER
°r.
s Notary Public,State of Texas
r"A: ;cz Comm.Expires 09-24-2020
Syr tii Notary ID 11963520
4815-1938-5903,v.2
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FMS JOB No.58260
METES AND BOUNDS DESCRIPTION
OF
a 0.2767 of an acre(12,052 square feet)drainage easement out of that certain tract of
land described in deed to Dennis and Apolla Beasley under Galveston County Clerk's File
Number(G.C.C.F.No.)9821602 and being situated in the City of Friendswood,with said
12,052 square feet of land being more particularly described by metes and bounds as
follows:
COMMENCING at a point at the intersection of the occupied right-of-way(r.o.w.)of
Quaker Bend Drive,being based on a width of 60 feet per G.C.C.F No.9821602 and the
Northwest line of said Beasley tract,from which a 1/2 inch iron rod found bears N 48'10'
E,0.3 feet.,
THENCE:N 41°S0'17"E,departing from the Southeast r.o.w.of Quaker Bend Drive,along
and with the Southeast line of the Beasley tract and the Southeast line of that certain
tract of land described in deed to Janet Marie Goldberg under G.C.C.F.No.2017040171,a
distance of 819.91 feet to a point for corner on the common line of the Beasley and
Goldberg tracts,at the West corner and POINT OF BEGINNING of the herein described
easement tract;
THENCE:N 41°50'17"E continuing along and with the common line of the Beasley and
Goldberg tracts and the Northwest line of this tract,a distance of 45.19 feet to a point for
corner on the Southeast line of the Goldberg tract,at the North corner of the Beasley
tract,at the North corner of this tract,from which an iron rod with cap found stamped
"PRECISION"bears N 36°56'E,17.7 feet;
THENCE:Along and with the North line if the Beasley tract and the North line of this trac,
the following course for angle points:
S 86°05'38"E,66.15 feet,
N 79°52'50"E,61.50 feet,
N 82°36'53"E,58.66 feet,
N 64°08'36"E,91.49 feet,
N 89°12'48"E,69.16 feet to a point for corner at the North corner of that certain
tract of land described in deed to Corey S.and Jacqueline M.Tumey and the East corner
of the Beasley tract,and at the East corner of the herein described easement tract;
THENCE:S 41°50'17"W,along and with the common line of the Beasley and Tumey
tracts,a distance of 55.31 feet to a point for corner on said common line,at the Southeast
corner of this tract;
THENCE:crossing the Beasley tract,along and with the South line of this tract,the
following course for angle points:
S 67°52'29"W,20.97 feet,
S 76°01'02"W,114.53 feet,
S 83°51'43"W,105.90 feet
S 89°50'53"W,93.58 feet to the POINT OF BEGINNING and containing a calculated
area of 0.2767 of an acre of land for the use of a drainage easement.
't 'DF` F
J�gPE0 4.4% \r k
SCOTT R. SHERIDAN
••a 6171 vee %
t :,C o°•° �r
4.411
• qN� SUR`1�'�
SCOTT R.SHERIDAN
REGISTERED PROFESSIONAL SURVEYOR No.6171
SHEET2 OF2
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Property Acquisition Services
Mark Heidaker
19855 Southwest Freeway, 200
Sugar Land, TX 77479
FILED AND RECORDED
Instrument Number: 2019034886
Recording Fee: 58.00
Number Of Pages:10
Filing and Recording Date: 07/01/2019 10:55AM
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.
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'k Dwight D. uUi n, County nt Clerk� o
`,� a"'*1- Ga ,e t n County, Ie. as
V
DO NOT DESTROY - Warning, this document is part of the Official Public Record.