HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - Autumn Creek Development, Ltd. (2) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EASEMENT 2006072834
9 PGS
EASEMENT AGREEMENT
Preamble
This Agreement is made on theQa day of uc a , 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 right-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/I00 ($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 materials 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 pnor
wntten 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 covenng
Grantee for claims ansing 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
11 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
wnting 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 rights, pnvileges, 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 thisQS. day of ti,cm.. , 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 Holding Company, a Texas
Corporation, its G al Partner
By
n Hammon
Vice President
GRANTEE
GALVESTON COUNTY CONSOLIDATED
DRAINAGE DISTRICT
B /
Its b PfESItbCt)T
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 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 of fice that f , 2006
rt,s1 4k6 Verona L Vega-Capetran Notary Public, State o exas
*I )a My Commission Expires
` ..,}� September 09,2008
STATE OF TEXAS §
COUNTY OF GALVESTON §
��BF R L E E, the}}nder igned authority, on this day personally appeared l
A_ tint M, ,j-& 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 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 nice this1aay of be 7a.200�
p ANNETTE M.MPGER t —���_�
�; Notary Neare Notary Public, State of Texas
^-n NOV,Ily
20eirion 08
49824/0791 002 -4-
WEST RANCH FEBRUARY 14, 2006
DRAINAGE EASEMENT JOB NO. WRMD72-60
TRACT 1
3.973 ACRES
DESCRIPTION OF A 3.973-ACRE TRACT OF LAND
SITUATED IN THE JOHN DICKINSON SURVEY,A-9
CITY OF FRIENDSWOOD,
GALVESTON COUNTY,TEXAS
BEING a 3.973-acre tract of land situated in the John Dickinson Survey, Abstract No 9,
Galveston County,Texas,being out of a 224.66-acre tract of land described m a deed recorded at
Galveston County Clerk's File No.2005016293,said 3.973-acre tract being more particularly
described by metes and bounds as follows:
COMMENCING at a 3/4-inch iron rod found for the southeast corner of said 224.66-acre tract,
for the southwest corner of a 5.00-acre tract of land described in a deed recorded at Galveston
County Clerk's File No. 9722847 and being in the northerly right-of-way line of F.M Road No.
518;
THENCE N 66°48'50"W, 151.71 feet along a southerly line of said 224.66-acre tract and along
the northerly right-of-way line of F.M.Road No. 518 (140 feet of R.O W.)to the southeast
corner and POINT OF BEGINNING of the tract described herein;
TI-IENCE N 66°48'50" W, 101.64 feet along a southerly line of said 224.66-acre tract and along
the northerly right-of-way line of F M. Road No 518 to a point for a corner,
THENCE N 12°53'12"E,69.25 feet to a point for a corner,
THENCE N 23°30'Ol"E, 185.30 feet to a point for a corner;
THENCE N 30°13'54"E, 33 63 feet to a point for a corner,
THENCE N 13°16'21" E, 117.27 feet to a point for a corner;
TIIENCE N 24°59'47"E, 132.34 feet to a point for a corner;
THENCE N 07°57'52"E, 7.53 feet to the point of curvature of a curve to the left;
THENCE in a northwesterly direction, 21.34 feet along the arc of said curve to the left having a
radius of 10 00 feet,a central angle of 122°15'21"and a chord which bears N 53°09'48" W,
17 51 feet to the point of tangency of said curve;
THENCE S 65°42'32" W, 38 54 feet to a point for a corner;
WEST RANCH
DRAINAGE EASEMENT
TRACT 1
3.973 ACRES
PAGE 2
THENCE in a northeasterly direction,40.46 feet along the arc of a curve to the right having a
radius of 820.00 feet, a central angle of 02°49'37"and a chord which bears N 17°50'27"E,
40.45 feet to a point for a corner;
THENCE N 65°42'32"E, 37.47 feet to the point of curvature of a curve to the left;
THENCE in a northeasterly direction, 12.70 feet along the arc of said curve to the left having a
radius of 10 00 feet,a.central angle of 72°45'48" and a chord which bears N 29°19'38"E, 11.86
feet to the point of tangency of said curve;
THENCE N 07°03'16"W, 24.77 feet to a point for a corner;
THENCE N 17°13'Ol"E,44.19 feet to a point for a corner at the beginning of a curve to the
right,
THENCE in a northeasterly direction,27.70 feet along the arc of said curve to the right having a
radius of 810.00 feet,a central angle of 01°57'35"and a chord which bears N 27°36'01"E,
27.70 feet to the point of tangency of said curve;
THENCE N 28°34'48"E, 100 00 feet to the point of curvature of a curve to the left,
THENCE in a northeasterly direction, 243.89 feet along the arc of said curve to the left having a
radius of 390.00 feet, a central angle of 35°49'48" and a chord which bears N 10°39'54"E,
239.93 feet to a point for a corner;
THENCE in a northeasterly direction, 9.76 feet along the arc of a curve to the right having a
radius of 25.00 feet, a central angel of 22°22'22"and a chord which bears N 58°31'19"E, 9 70
feet to a point of reverse curvature;
THENCE in a northeasterly direction, 134.60 feet along the arc of a curve to the left having a
radius of 430.00 feet,a central angle of 17°56'06"and a chord which bears N 60°44'26"E,
134.05 feet to a point for a corner;
THENCE S 13°01'24"E,38.24 feet to a point for a corner;
THENCE S 12°16'24"W, 32.83 feet to the point of curvature of a curve to the left,
THENCE in a southwesterly direction,26.62 feet along the arc of said curve to the left having a
radius of 100.00 feet, a central angle of 15°15'16" and a chord which bears S 04°38'46" W,
26.55 feet to the point of tangency of said curve,
THENCE S 02°58'52"E, 56.69 feet to a point for a corner;
WEST RANCH
DRAINAGE EASEMENT
TRACT 1
3.973 ACRES
PAGE 3
THENCE N 71°12'43"E, 187.03 feet to the point of curvature of a curve to the left;
THENCE in a southwesterly direction,30.61 feet along the arc of said curve to the left having a
radius of 50 00 feet,a central angle of 35°04'26"and a chord which bears N 53°40'30"E,30.13
feet to the point of tangency of said curve;
THENCE N 36°08'17"E,29.97 feet to a point for a corner;
THENCE in a southeasterly direction,32.88 feet along the arc of a curve to the left having a
radius of 50.00 feet,a central angle of 37°40'56"and a chord which bears S 32°08'04"E, 32.29
feet to a point for a corner;
THENCE S 36°08'17"W, 18.01 feet to the point of curvature of a curve to the right;
THENCE in a southwesterly direction,48.97 feet along the arc of said curve to the right having a
radius of 80.00 feet,a central angle of 35°04'26" and a chord which bears S 53°40'30"W, 48.21
feet to the point of tangency of said curve;
THENCE S 71°12'43"W, 195.52 feet to a point for a corner;
THENCE S 02°58'52"E, 94.86 feet to a point for a corner;
THENCE S 21°29'04"W, 68.89 feet to a point for a corner;
THENCE S 08°36'32"W, 43.59 feet to a point for a corner;
THENCE S 34°00'33" W, 103.63 feet to a point for a corner;
THENCE S 11°22'00" W,41 75 feet to a point for a corner,
THENCE S 19°50'58" W, 4.06 feet to the point of curvature of a curve to the left;
THENCE in a southeasterly direction,40.04 feet along the arc of said curve to the left having a
radius of 25.00 feet,a central angle of 91°45'47" and a chord which bears S 26°01'55"E,35.90
feet to the point of tangency of said curve;
THENCE S 71°54'49"E,213.53 feet to a point for a corner and being in the easterly line of said
Lot 12;
WEST RANCH
DRAINAGE EASEMENT
TRACT 1
3.973 ACRES
PAGE 4
THENCE S 31°29'04" W,along the easterly line of said Lot 12 and along a westerly line of Lot
18 of Rancho Viejo Section One, a plat of which is recorded in Volume 15,Pages 92 and 93 of
the Galveston County Map Records,at a distance of 23 57 feet passing the most westerly
southwest corner of said Lot 18,same being the northwest corner of said 5.00-acre tract,
continuing along the easterly line of said Lot 12 and along the westerly line of said 5.00-acre
tract a total distance of 102.80 feet to a point for a corner, whence the 3/4-inch iron rod found at
the commencing point, bears S 31°29'04"W, 527.54 feet;
THENCE N 71°54'49" W,212.51 feet to the point of curvature of a curve to the left;
THENCE in a southwesterly direction,43 38 feet along the arc of said curve to the left having a
radius of 25.00 feet,a central angle of 99°25'10"and a chord which bears S 58°22'36"W,38.14
feet to the point of tangency of said curve;
THENCE S 08°40'Ol"W,61.43 feet to the point of curvature of a curve to the right;
THENCE in a southwesterly direction,24.04 feet along the arc of said curve to the right having a
radius of 25.00 feet,a central angle of 55°05'12"and a chord which bears S 36°12'37"W,23.12
feet to the point of tangency of said curve;
THENCE S 63°45'12"W,26.25 feet to the point of curvature of a curve to the left;
THENCE in a southwesterly direction,22.03 feet along the arc of said curve to the left having a
radius of 25.00 feet, a central angle of 50°28'51"and a chord which bears S 38°30'47" W,21 32
feet to the point of tangency of said curve,
THENCE S 13°16'21" W,61.03 feet to a point for a corner;
THENCE S 30°13'54"W, 42.66 feet to a point for a corner;
THENCE S 23°30'01" W, 170.13 feet to a point for a corner;
THENCE S 12°53'12"W, 78.13 feet to the POINT OF BEGINNING and containing 3.973 acres
of land.
WEST RANCH
DRAINAGE EASEMENT
TRACT I
3.973 ACRES
PAGE 5
Bearing orientation is based on Texas State Plane Coordinate System, South Central Zone,
NAD83 and monumented on the ground as follows: starting at a'/4-inch iron rod found for the
southwest corner of a 5.00-acre tract of land described in a deed recorded at Galveston County
Clerk's File No. 9722847 and being in the northerly right-of-way line of F.M. Road No. 518;
Thence N 31°29'04"E, 4213 64 feet along the westerly line of said 5.00-acre tract and along the
westerly line of Rancho Viejo Section One,a plat of which is recorded in Volume 15, Pages 92
and 93 of the Galveston County Map Records to a found 5/8-inch iron rod with a Brown&Gay
cap,bearing S 31°29'04" W,200.00 feet from the center line of Clear Creek.
mil
4 F*� :7 Edward F Taylor, S No 16
c ' '‘.etsitpst<ct?
Brown&Gay Engineers,Inc
" ~ 11490Westheimer Road
'F13VUA1 D fAYLOR Houston, Texas 77077
3A 'Iris
€\9rsste%„pvQ` (281) 558-8700
a iiiIWVo
FILED AND RECORDED
40ft m A. OFFICIAL PUBLIC RECORDS
2066072834
October 25, 2006 03 31 28 PM
FEE $48 00
Mary Ann Daigle, County Clerk V°\V‘i
Galveston County, TEXAS
GALVESTON COUNTY
CONSOUDATED
1605 WHITRA INAER E DISTRICT
AFRIENDSWOOD,TEXAS 77546
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