No preview available
HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - Autumn Creek Development, Ltd. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EASEMENT 2006072833 11 PGS EASEMENT AGREEMENT Preamble This Agreement is made on thAtik day of thi ... , 2006, at Fnendswood, Galveston County, Texas, between Autumn Creek Development, Ltd. ("Grantor") and the Galveston County Consolidated Drainage District, a political subdivision of the State of Texas ("Grantee") Grant of Easement 1 For the consideration descnbed in Paragraph 2 below, Grantor grants to Grantee an easement and nght-of-way upon and across the property belonging to Grantor 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 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 The Easements are easements in gross Purpose of Drainage Easement 4 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 (collectively, "Work"), including without limitation ditches, ponds and culverts All work and matenals will be at the sole expense of Grantee Duration of Easements 5 The Easements 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 Easements Exclusiveness of Easements 7 This easement is not exclusive Grantor reserves for itself and its successors and assigns, with the nght of assignment in whole or in part, the full and complete enjoyment of the Easement Area without limitation, except that Grantor's use shall not unreasonably interfere with the nghts specifically granted to Grantee Grantor shall obtain the prior written approval of Grantee before paving, platting or dedicating to the public any portion of the Easement Area, which consent shall not be unreasonably withheld 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 Easements for any and all purposes that do not interfere with and prevent Grantee's use of the Easements Entire Agreement I I 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 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 49824/0791 002 -2- Assignability and Binding Effect 13 This Agreement and the nghts, 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 its successors and assigns EXECUTED thisaa. day of IS._ , 2006, at Fnendswood, Texas GRANTOR AUTUMN CREEK DEVELOPMENT, LTD. A Texas Limited Partnership By Lennar Homes of Texas Land and Construction, Ltd , a Texas Limited Partnership dba Fnendswood Development Company, as Attorney-in-Fact By Lennar Texas Holdi g Company, a Te Corporation, its Ge Partner By Jo amnion Vice President GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By/adia Its fevQb P2.alDnNt 49824/0791 002 -3- STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authonty, on this day personally appeared John W Hammond, Vice President of Autumn Creek Development , Ltd., a Texas Limited Partnership, 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 o . fice this!day f , 2006 i,/ .r; P Veronica L Vega-Capistran , - °;g' , My Commission Expires Notary Public, State o exas L. .Ay Remember09 iwwe STATE OF TEXAS § § COUNTY OF GALVESTON § 1JhBEFORE ME, the undersigned authonty, on this day personally appeared 4hE'(X-p i-�. .(r , 13( ieo AzESihe1JTof the Galveston County Consolidated Drainage District known or proved to me on the basis of satisfactory evidence to be the person whose name is subscnbed 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 fice this day of CST ) Z , 200 6 lin IT Notary Public, State of Texas 1 ANNETTE M.MAIER . dc#, i My C n as Enss" NOV.20,2008 49824/0791 002 -4- WEST RANCH AUGUST 13, 2005 DRAINAGE EASEMENT NO 5 JOB NO WRMD72-60 CHIGGER& CLEAR CREEKS 14 19 ACRES DESCRIPTION OF A 14 19-ACRE TRACT OF LAND SITUATED IN THE JOHN DICKINSON SURVEY, A-9 CITY OF FRIENDSWOOD GALVESTON COUNTY,TEXAS BEING a 14 19-acre tract of land situated in the John Dickinson Survey, Abstract No 9, City of Fnendswood, Galveston County, Texas, being partly out of Lots 5, 6, and 7 of the Slone Subdivision, a plat of which was originally recorded in Volume 254-A, Pages 53 and 54 of the Galveston County Map Records and later recorded in Volume 13, Page 91 of the Galveston County Map Records, said 14 19-acre tract also being partly out of the undesignated land shown on the plat of said Slone Subdivision which is north of Lots 1 through 11, and south of Chigger and Clear Creeks, said Lots 5, 6, and 7, and said undesignated land are a portion of the property described in deeds recorded at Galveston County Clerk's File Numbers 8900646 and 9305532, said 14 19 acre tract being more particularly described by metes and bounds as follows COMMENCING at a TxDOT monument with a brass disk found for the most southerly corner of Century Oaks Estates, a plat of which is recorded in Volume 18, Page 547 of the Galveston County Map Records, for the southwest corner of a 2 5-acre of land described in a deed recorded in Volume 2563, Page 690 of the Galveston County Deed Records and being in the northerly nght-of-way line of F M Road No 518, THENCE N 18°19'12" E, along the westerly line of said 2 5-acre tract and along an easterly line of said Century Oaks Estates, at a distance of 209 33 feet passing a 5/8-inch iron rod with a Brown & Gay cap found for the northwest corner of said 2 5-acre tract and for the southwest corner of Lot 26 of said Slone Subdivision, continuing along an easterly line of said Century Oaks Estates and along the westerly line of said Lot 26 a total distance of 298 89 feet to a railroad rail found for a reference point, THENCE N 18°28'39" E, 1555 32 feet along an easterly line of said Century Oaks Estates and along a westerly line of said Slone Subdivision to the southwest corner and POINT OF BEGINNING of the tract descnbed herein, THENCE in a northerly direction along the easterly boundary of said Century Oaks Estates and along the westerly boundary of said Slone Subdivision as follows N 18°28'39" E, 23 12 feet to a 2-inch iron pipe found for an angle point, WEST RANCH DRAINAGE EASEMENT NO 5 CHIGGER& CLEAR CREEKS 14 19 ACRES PAGE 2 N 48°14'29" E, 39 94 feet to a 5/8-inch iron rod with a Brown & Gay cap found for an angle point, N 28°35'39"E, 40 14 feet to a point for a corner and being in the center line of Chigger Creek, THENCE in an easterly direction and down stream with the meanders of the center line of Chigger Creek as follows S 63° 57' 50" E, 54 25 feet, S 51° 48' 11" E, 94 50 feet, S 72° 43' 56" E, 46 71 feet, N 71° 33' 51" E, 168 92 feet, S 67° 55' 09" E, 79 85 feet, S 36° 39' 49" E, 102 93 feet, S 13° 21' 09" E, 98 50 feet, S 04° 26' 03" W, 93 97 feet, N 47° 51 '01'" E, 82 81 feet, N 28° 35' 46" E, 36 63 feet, N 07° 33' 15" W, 138 78 feet, N 22° 51' 52"E, 56 44 feet, N 86° 33' 35" E, 49 07 feet, S 48° 31' 51"E, 11030 feet, S 36°41' 13" E, 82 17 feet, S 17° 01' 24" E, 55 03 feet, S01° 31' 04" W, 7986feet, WEST RANCH DRAINAGE EASEMENT NO 5 CHIGGER & CLEAR CREEKS 14 19 ACRES PAGE 3 S 57° 33' 57" E, 47 66 feet, S 87°43' 35"E, 109 88 feet, N 44° 59' 16" E, 26 88 feet, N 19° 07' 52"E, 55 71 feet, N 59° 31' 38"E, 82 36 feet, S 79° 11' 24" E, 69 98 feet, S 57° 17' 10" E, 75 75 feet, S 45° 46' 07"E, 82 84 feet, S 79° 21' 24" E, 90 35 feet, S 59° 06' 50" E, 118 77 feet, S 14° 16' 09"E, 266 96 feet, S 30° 06' 55" E, 180 77 feet, S 55° 37' 40" E, 78 97 feet, N 85° 12' 02" E, 85 00 feet, N 41° 37' 31" E, 111 95 feet, N 62° 41' 17" E, 194 76 feet, N 71° 44' 52" E, 128 27 feet, S 54° 36' 37" E, 98 50 feet, S 47° 09' 52"E, 112 80 feet, S 75° 48' 49" E, 258 64 feet, N 71° 22' 14" E, 95 41 feet, N 51° 56' 39" E, 325 94 feet, WEST RANCH DRAINAGE EASEMENT NO 5 CHIGGER & CLEAR CREEKS 14 19 ACRES PAGE 4 N 63° 03' 28" E, 138 92 feet, N 74° 09' 26" E, 240 94 feet, N 53° 41' 57" E, 179 61 feet, N 39° 17' 28" E, 255 30 feet, N 52° 10' 50" E,480 46 feet to a point in the centerline of Clear Creek; THENCE in an easterly direction, and downstream with the meanders of the center line of Clear Creek as follows. N 83°02'44"E, 216 85 feet, S 81°1 1'31"E, 221 42 feet to the most northerly northeast corner of said Slone Subdivision, same being the northwest corner of Rancho Viejo Section One, a plat of which is recorded in Volume 15, Pages 92 and 93 of the Galveston County Map Records, THENCE S 31°29'04" W, 189 66 feet along an easterly line of said Slone Subdivision and along a westerly line of said Rancho Viejo Section One to a point for a corner, whence a 5/8-inch iron rod with a Brown & Gay cap bears S 31°29'04" W, 10 34 feet, THENCE in a westerly direction along the southerly boundary of the tract described herein as follows N 81°l 1'31" W, 12408 feet, S 83°02'44" W, 290 51 feet, S 52°10'S0" W, 295 36 feet, S 39°17'28" W, 256 64 feet, S 53°41'57" W, 210 30 feet, S 74°09'26" W, 249 27 feet, S 63°03'28" W, 119 47 feet, S 51°56'39" W, 333 33 feet, . WEST RANCH DRAINAGE EASEMENT NO 5 CHIGGER & CLEAR CREEKS 14 19 ACRES PAGE 5 S 71°22'14" W, 141 97 feet, N 75°48'49" W, 313 62 feet, N 47°09'52" W, 131 83 feet, N 54°36'37" W, 41 43 feet, S 71°44'52" W, 69.78 feet, S 62°41'17" W, 168 25 feet, S 41°37'31" W, 133 33 feet, S 85°12'02"W, 160 55 feet, N 55°37'40" W, 137 19 feet, N 30°06'55" W, 217 33 feet, N 14°16'09" W, 239 61 feet, N 59°06'50" W, 59 66 feet, N 79°21'24"W, 102 68 feet, N 45°46'07" W, 43 95 feet to the point of curvature of a curve to the left, 155 76 feet along the arc of said curve to the left having a radius of 100 00 feet, a central angle of 89°14'37" and a chord which bears S 89°36'34" W, 140 48 feet to the point of tangency of said curve, S 44°59'16"W, 56 86 feet, N 87°43'35" W, 180 60 feet, N 57°33'57"W, 127 56 feet to the point of curvature of a curve to the left, 97 63 feet along the arc of said curve to the left having a radius of 75 00 feet, a central angle of 74°35'02" and a chord which bears S 85°08'32" W, 99 88 feet to the point of tangency of said curve, S 47°51'01" W, 28 78 feet to the point of curvature of a curve to the right, WEST RANCH DRAINAGE EASEMENT NO 5 CHIGGER & CLEAR CREEKS 14 19 ACRES PAGE 6 238 38 feet along the arc of said curve to the right having a radius of 100 00 feet, a central angle of 136°35'02" and a choid which bears N 63°51'28" W, 185 82 feet to the point of tangency of said curve, N 04°26'03" E, 61 44 feet to the point of curvature of a curve to the left, 197 00 feet along the arc of said curve to the left having a radius of 100 00 feet, a central angle of 112°52'12"and a chord which bears N 52°00'03" W, 166 65 feet to the point of tangency of said curve, S 71°33'51" W, 88 38 feet, N 72°43'56" W, 97 39 feet, N 51°48'11" W, 102 32 feet, N 63°57'50" W, 57 44 feet to the POINT OF BEGINNING and containing 14 19 acres of land Bearing orientation is based on Texas Plane Coordinate System, South Central Zone, NAD83 and monumented on the ground as follows Starting at a railroad rail at an angle point in the easterly boundary of Century Oaks Estates, a plat of which is recorded in Volume 18, page 547 of the Galveston County Map Records and an angle point in the westerly boundary of Slone Subdivision, a plat of which was originally recorded in Volume 254-A, Pages 53 and 54 of the Galveston County Map Records and later recorded in Volume 13, Page 91 of the Galveston County Map Records, Thence N 18°28'39" E, 1578 44 feet to a 2-inch iron pipe found for an angle point f Edward F Taylor, LS o 16 '''' Brown & Gay Engineers, Inc 11490 Westheimer Road Houston, Texas 77077 (281) 558-8700 GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICTVI hQ® a °i°°cs sins°oi wain°v a i v-° a°< WFHTAKER DR. FRIENDSWOOD,TEXAS 77546 FILED AND RECORDED 24PtE OFFICIAL PUBLIC RECORDS .y/ ,,L 2006072833 October 25, 2006 03 31 28 PM FEE $52 00 Mary Ann Daigle, County Clerk Galveston County, TEXAS