HomeMy WebLinkAboutEasement - Clear Creek - GCCDD - Maria H. Valenzuela • RECORDED BY SORM LLC GFO VI^ Notice of confidentiality rights: If you arc 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: Maria H. Valenzuela Grantors' Mailing Address: 302 Whispering Pines 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, Grantor grants to Grantee an easement and right-of-way upon and across the property belonging to Grantor described in Exhibit A attached hereto as Tract A (the"Drainage Easement")and Tract B (the"Ingress/Egress Easement"). Consideration 2. The easements described in this Agreement are granted in consideration of the Grantee's payment to Grantor 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; Ingress/Egress Easement 4.. Grantee may access the Drainage Easement, as would be reasonably practical, by access to the Ingress/Egress 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 Ingress/Egress Easement, and the Temporary Parcel R201561 Easement are collectively referred to herein as the "Easements." Grantee may establish reasonably practical rules from time to time concerning use of the Temporary Easement. Purpose of Drainage Easement and Ingress/Egress 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.The Ingress/Egress Easement shall be used to access the Drainage Easement and for other purposes consistent with the associated rights and prileveges of the Drainage Easement. Duration of Easements 6. The Easements shall be perpetual. Warranty of Title 7. 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 Easements. Exclusiveness of Easements 8. The Drainage Easement, Ingress/Egress Easement, and associated rights and privileges are exclusive, and Grantors covenant not to convey any other easement or conflicting rights in the area covered by the Drainage Easement or Ingress/Egress Easement. The Temporary Easement is non-exclusive, and Grantor reserves the right to take any desired action with respect to the property covered by such temporary casement 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 and Ingress/Egress 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 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 Grantor and her 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. Sole and exclusive venue is in the county or counties in which the Easements are 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 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 cra day of u Iy , 2019, at Friendswood, Texas. G NTOR tt.A..kt Maria H. Valenzuela GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: Its: Board President STATE OF TEXAS eea_ Or Of' § COUNTY OF § BEFORE ME,the undersigned authority,on this clay personally appeared Maria H. Valenzuela 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 // day of 74„, y , 2019. • JERI(ARSON • :votary Pima slaw rmak , 14(Gomm.ExpresON10-4)22 Notary Publi ,7 State of Texas NotavyID709848-2 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 UNDER MY HAND and seal of office this,a.day of SI' , 019. No ary Public, State of Texas MARK HEIDAKER •..' Notary Public,State of Texas Comm.Expires 09-24-2020 14431Ps Notary ID 11963520 . ...-111151ki- -- -1 r A t•e.:-.*L,...ki:..-•,z; - - awe NOTES: i.BEARINGS,DISTANCES AND THE COORDINATE SHOWN HEREON ARE 0 100 200 SURFACE AND BASED ON THE TEXAS COORDINATE SYSTEM OF I 953, SOUTH CENTRAL ZONE,No.4204(SCALE FACTOR=0,99956550G). SCALE: 1"= 2.A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED IN CONNECTION WITH THIS EXHIBIT. 3.THE SURVEYOR HAS NOT ABSTRACTED THIS PROPERTY.This EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT/COMMITMENT AND 15 SUBJECT TO ANY AND ALL BUILDING Cr ' LINES,EASEMENTS OR ORDINANCES THAT MAY BE CONTAINED \'' NTY FLOOD C0N7OL.DIST° THEREIN AND/OR NOT REFLECTED BY THE DEED OF RECORD. c C U HARIZI--° PARCet""a.,-*.E.5 L17 "8 L19 4.AN ABSTRACT OF TITLE HAS NOT BEEN PERFORMED ON THE en 71,1,11 SUBJECT PROPERTY,THERE MAY BE OTHER MATTERS WHICH MAY CPILL '- ie796041 APPLY. accf,NO.Is- P.O.C. POINT OF COMMENCING. \ L16 _.--- .1morillIbro......._ L\50,000'0' — 6. ______0 P.O.B. POINT OF BEGINNING. \ viso". G.C.C. GALVESTON COUNTY CLERK. S F. No. FILE NUMBER. \ NN VOL., PG. VOLUME AND PAGE. ..i) L2 \ R.O.W. RIGHT-OF-WAY. ‘..13 l. P.O.B. I r \ -- 410 L11 \-12. V5 TRACT"A" LINE BEARING DISTANCE Li N 32°5501"E 67.57' P-I * -.e. , MARIE H.VALENZUELA IRON ROD WITH CAP .2 \ \...t‘ CALLED 636 ACRES FOUND STAMPED Q L2 N 46°15'01"W 227.44' Z 5 so 1 L3 N 73°2301"W 145.77' ,91 0 - 4,> .0 &CCP.NO.201200199q -Ras 4464 H 1 i 1 X H 03 L4 N 79°38'54"W 71.62' tic?.(Zi cl i L5 N 70°59'39"W 50.45' P. kl. k• t..6 TRACT"A" __ ___6 L6 N 59°11'28"W 71.02' P.O.B. 37,491 Sq.Feet ;(.5F- •z - . L7 N 14°5819"W 52.24' cv TRACT"8" °--IP" L8 N 42°03'04"E 72.64' — — QUAKER BEND DRIVE OR P 0 it° 1 0.8607 an Acre L9 S 05°2816"E 21.79' (60' 12.0.1ALL C)S, ,12.) Itc4 1 L10 S 33°30'06"E 36.11' — G.C.C.No.9709221 cA ' im L11 S 49°1606"E 31.04 TRACT"B" . L12 S 66°52'06"E 41.67' — — — — L23 , 1,982 Sq.Feet " L13 S 72°31'26"E 45.38' OR I'll 1 L14 S 81°45'36"E 83.25' I 0.0455 of an Acre L15 S 64°15'41"E 109.67' i. \ L16 S 52°03'06"E 84.06' i L17 S 36°46'11"E 47.03' P.O.C. L18 S 07°18'59"W 13.97' . IRON ROD WITH CAP / \ L19 S 44°54'11"E 25.05' FOUND STAMPED h L20 S 57°41'11 E 71.59' "CI.DAVIS" I I L21 S 32°55'01"W _ 57.41' L22 S 42°03'04"W 127.27' ' L23 N 47°5856"W 15.00' L24 N 42°03'04"E 137.01' SURVEYOR: OWN: JPS I PARCEL 4-201561 I SCALE: 1"=1 00' 1 JOB #58260 ORIGINAL PLOT DATE: 06-10-2019 L25 S 14°58'19"E 17.88' F.M.5. SURVEYING 37,491 SQ. FT. OR 0,8607 OF AN ACRE BEING A DRAINAGE I 970 I STATE HIGI-IWAY G. 2 EASEMENT AND A 1,982 SQ. FT. OR 0.0455 OF AN ACRE MANVEL,TEXAS 77578 $ R I I 0,//Vc BEING AN INGRESS/EGRESS EASEMENT, BOTH OUT OF AND . CONTACT:JASON P.511ERIDAN ... SHEET BEING PART OF THAT CERTAIN TRACT OF LAND DESCRIBED . PHONE: (281) 5 I 9-8530, EXT. 102 li, IN DEED TO MARIE H. VALENZUELA UNDER G.C.C. No. TBPL5 FIRM# 10040400 • , 2012001994 AND BEING SITUATED IN ABSTRACT 151 1 i t www.fmssurveying.com es-r.nut..SI en 1978° OF 3 FMS 58260 FRIENDSWOOD, GALVESTON COUNTY, TEXAS i .. . _ ...._ • TRACT A FMS JOB No. 58260 METES AND BOUNDS DESRIPTION OF a 0.8607 of an acre(37,491 square feet)drainage easement out of that certain tract of land described in deed to Marie H.Valenzuela under Galveston County Clerk's File Number(G.C.C.F.No.)2012001994 and being situated in the City of Frlendswood,with said 37,491 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod with cap found stamped"CL DAVIS"on the West line and at an angle point of that certain called 0.2219 of an acre tract of land described under Galveston County Court of Law case number CV-0074305; THENCE:N 35'47'09"E,along and with the West line of the Galveston County Court of Law tract,a distance of 253.39 feet to an iron rod with cap found stamped"RPLS 4464",at an angle point for said County Court tract; THENCE:N 32°55'01"E,continuing along and with the West line of the Galveston County Court of Law tract,a distance of 67.57 feet to a point for corner on the West line of said County Court tract,at the South corner and POINT OF BEGINNING of the herein described easement tract; THENCE:crossing the aforementioned Valenzuela tract and the Southerly line of this tract,the following courses for angle points: N 46°15'01"W,227.44 feet, N 73°23'01"W,145.77 feet, N 79°38'54"W,71.62 feet, N 70°5939"W,50.45 feet, N 59°11'28"W,71.02 feet, N 14°58'19"W,52.24 feet to a point for corner on the Southeast line of Payson Place,described under G.C.C.F.No,9709221,at the West corner of this tract; THENCE:N 42°03'04"E,along and with the Southeast line of Payson Place and the Northwest line of this tract,a distance of 72.64 feet,to a point for corner on said Southeast line of Payson Place,at the North corner of the herein described easement tract; THENCE:along and with the Northerly line of the Valenzuela tract and the Northerly line of this tract, the following courses for angle points: S 05°2816"E,21.79 feet, S 33°30'06"E,36.11 feet, 5 49°1606"E,31.04 feet, S 66°52'06"E,41,67 feet, S 72°3126"E,45.38 feet, 5 81°45'36"E,83.25 feet, S 64°15'41"E,109.67 feet, S 52°03'06"E,84.06 feet, 5 36°46'11"E,47.03 feet, S 07°1859"W,13.97 feet, S 44°54'11"E,25.05 feet, S 57°41'11"E,71.59 feet to a point for corner at the Northwest corner of the aforementioned Galveston County Court Case,at the Northeast corner of this tract; THENCE:S 32°55'01"W along and with the West line of the County Court Case tract and the East line of this tract,57,41 feet to the POINT OF BEGINNING and containing a calculated area of 0,8607 of an acre of land for the use of a drainage easement. ...- • OF A c„, .ospsrc4% tp **** IX? ° • k 9001.4.0110.1.00000.110•01000 4 SCOTT R. SHERIDAN .leeelrooaeoelleir000ae.re lc. 41104n. f ,A,,„ • SURNI SCOTT R.SHERIDAN REGISTERED PROFESSIONAL SURVEYOR No.6171 6/12/19 SHEET 2 OF 3 . TRACT B FMS JOB No. 58260 METES AND BOUNDS DESRIPTION OF a 0.0455 of an acre(1,982 square feet)ingress and egress easement out of that certain tract of land described In deed to Marie H.Valenzuela under Galveston County Clerk's File Number(G.C,C.F.No.) 2012001994 and being situated In the City of Friendswood,with said 1,982 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an Iron rod with cap found stamped"CL DAVIS"on the West line and at an angle point of that certain called 0.2219 of an acre tract of land described under Galveston County Court of Law case number CV-0074305; THENCE:N 35°47'09"E,along and with the West line of the Galveston County Court of Law tract,a distance of 253.39 feet to an iron rod with cap found stamped"RPLS 4464",at an angle point for said County Court tract; THENCE:N 32°S5'Ol"E,continuing along and with the West line of the Galveston County Court of Law tract,a distance of 67.57 feet to a point for corner on the West line of said County Court tract,at the South corner of a proposed drainage easement tract,surveyed at this same time; THENCE:crossing the aforementioned Valenzuela tract and the Southerly line of the proposed drainage easement tract,KNOWN AS Tract A on the corresponding exhibit,the following courses for angle points: N 46°15'01"W,227.44 feet, N 73°23'01"W,145.77 feet, N 79°38'54"W,71.62 feet, N 70°59'39"W,50.45 feet, N 59°11'28"W,71.02 feet, N 14°58'19"W,34.36 feet to a point for corner on the Southwest line of the proposed drainage easement tract,at the East corner and POINT OF BEGINNING of the herein described ingress/egress easement tract,known as Tract B on the corresponding exhibit; THENCE:S 42°03'04"W,departing from the Southwesterly line of the drainage easement tract,parallel to and 15 feet from the Southeast line of Payson Place,a map or plat thereof recorded under Galveston County Clerk's File Number(G,C.C.No.)9709221,a distance of 127.27 feet,to a point for corner at the South corner of the herein described ingress/egress easement tract; THENCE:N 47°58'56"W,along and with the Southwest line of this easement tract,a distance of 15 feet,to a point at the South corner of Quaker Bend Drive,based on a width of 60 feet,per G.C.C.No. 9709221,at the West corner of this Ingress/egress easement tract; THENCE:N 42°03'04"E,along and with the Southeast line of Quaker bend drive and the Southwest line of this tract,pass the East corner of Quaker Bend Drive and the South corner of said Payson place, continuing along and with the Southeast line of Payson Place and the Southwest line of this easement tract,a total distance of 137.01 feet to a point on the Southeast line of Payson Place,at the West corner of the aforementioned drainage easement tract,at the most North corner of the herein described ingress/egress easement tract; THENCE:S 14°58'19"E along and with the Southwest line of the proposed drainage easement and the Northeast line of this tract,a distance of 17.88 feet to the POINT OF BEGINNING and containing a calculated area of 0.0455 of an acre of land for the use of an ingress/easement. E OF j �PSSEw T, a' /° ° °°°°°°°°°°O°°° 4 SCOTTR•°SHERIDAN s°°1 6171 // 'o;Esso o?p°© r ho SUR`l� SCOTT R.SHERIDAN 6/'I 2/19 REGISTERED PROFESSIONAL SURVEYOR No,6171 SHEET 3 OF 3 FILED AND RECORDED Instrument Number: 2019037356 Recording Fee: 54.00 Number Of Pages:9 Filing and Recording Date: 07/12/2019 10: 13AM 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. raw k \ a \)\ \�\,\".,".t ',g� Dwight D. Sullivan, County Clerk k\•x .''1, 3�Ga� e t'. n County, I e.,' as DO NOT DESTROY - Warning, this document is part of the Official Public Record.