No preview available
HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - Autumn Creek Development, Ltd. (3) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EASEMENT 2006072835 10 PCS EASEMENT AGREEMENT ^nPreamble This Agreement is made on the+{ , day of l t _. , 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 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 (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 nghts 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 pnor 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 covenng 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 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 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 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 its successors and assigns EXECUTED this QS, day of Willa- , 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 eral Partner Joh ammond VV ofVice President GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT Bye/ Its CSrD> "r 49824/0791 002 -3- STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, 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 e e•fice thi3Tday 2006 ehtlA !A;A Veronica L Vega-Capstan 'otary Public, State of T as +t 1d��1�1� • My Commission Espies 141 September 08,2008 reetielv STATE OF TEXAS v § COUNTY OF GALVESTON § LEFORE E, thr-ders ed authority, on this day personally appeared- l ,Qq, 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 flee thisOday of OC-kIJ/ 200 6 -)-iwir et ANNETTE M.MAQER 1 Texas • ry , noisy Notary Public, State of Texas ', My Conenbaca 4ti tat 20,2008 49824/0791 002 _q_ WEST RANCH FEBRUARY 14, 2006 DRAINAGE EASEMENT JOB NO WRMD72-60 TRACT 2 5.131 ACRES DESCRIPTION OF A 5.131-ACRE TRACT OF LAND SITUATED IN THE JOHN DICKINSON SURVEY,A-9 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS BEING a 5 131-acre tract of land situated in the John Dickinson Survey, Abstract No 9, Galveston County, Texas,bemg out of a 224.66-acre tract of land described in a deed recorded at Galveston County Clerk's File No. 2005016293, said 5 131-acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch 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 31°29'04"E, along the easterly line of said 224 66-acre tract and along the westerly hne of said 5 00-acre tract, at a distance of 606,77 feet passing the northwest corner of said 5 00- acre tract, same being the most westerly southwest corner of Ranch Viejo Section One, a plat of which is recorded in Volume 15,Page 92 and 93 of the Galveston County Map Records, continuing along the easterly line of said 224 66-acie tract and along the westerly line of said Section One a total distance of 1093 62 feet to a reference point, THENCE N 58°30'56" W, 481 04 feet to an easterly corner and POINT OF BEGINNING of the tract descnbed herein, THENCE in a southwesterly direction, 175 45 feet along the arc of a curve to the right having a iadius of 370 00 feet, a central angle of 27°10'07" and a chord which bears S 53°32'30"W, 173 81 feet to a point of compound curvature, THENCE in a northwesterly direction, 35.12 feet along the arc of a curve to the right having a radius of 25 00 feet, a central angle of 80°29'24"and a chord which bears N 72°37'44"W, 32 30 feet to a point for a corner; THENCE in a northeasterly duectron,48.51 feet along the arc of a curve to the left having a radius of 350.00 feet, a central angle of 07°56'30"and a chord which beats N 67°11'41"E, 48 47 feet to a point for a corner, TIIENCE N 02°09'3I"W, 111.40 feet to a point for a corner; WEST RANCH DRAINAGE EASEMENT TRACT 2 5.131 ACRES PAGE 2 THENCE N 10°17'39" W, 72.59 feet to a point for a corner, THENCE N 21°00'29"W, 36 10 feet to a point for a corner, THENCE N 23°56'34"E, 59 62 feet to the point of curvature of a curve to the left, THENCE in a northeasterly direction, 11 77 feet along the arc of said curve to the left having a radius of 15.00 feet, a central angle of 44°57'03" and a chord which bears N 01°28'03" E, 11 47 feet to the point of tangency of said curve; THENCE N 21°00'29" W, 27 00 feet to the point of curvature of a curve to the right, THENCE in a northwesterly direction, 917 feet along-the arc of said curve to the right having a radius of 25.00 feet, a central angle of 21°09'29" and a chord which bears N 10°30'14" W, 9 12 feet to the point of tangency of said curve; THENCE Due North, 110 12 feet to a point for a corner, THENCE in a northeasterly direction, 99 35 feet along the arc of a curve to the left having a radius of 60.00 feet, a central angle of 94°52'04" and a chord which bears N 03°21'46"E, 88 38 feet to a point for a corner, THENCE N 05°42'38"W, 52 10 feet to a point for a corner, THENCE Due North, 53 44 feet to a point for a corner, THENCE N 16°41'57" W, 32 63 feet to a point for a corner, THENC N 01°45'08"E, 63 82 feet to the point of curvature of a curve to the left, THENCE in a northwesterly direction, 59.10 feet along the arc of said curve to the left having a radius of 100.00 feet, a central angle of 33°51'40"and a chord which bears N 15°I O'43" W, 58 24 feet to a point of reverse curvature, THENCE in a northwesterly direction, 98 90 feet along the arc of a curve to the right having a radius of 100.00 feet,a central angle of 56°39'51" and a chord which bears N 03°46'37" W, 94 92 feet to a point of reverse curvature, THENCE in a northeasterly direction, 58 13 feet along the arc of a curve to the left having a radius of 100 00 feet, a central angle of 33°18'26" and a chord which bears N 07°54'05" E, 57 32 feet to a point of reverse curvature, WEST RANCH DRAINAGE EASEMENT TRACT 2 5.131 ACRES PAGE 3 THENCE in a northeasterly direction, 85 65 feet along the arc of a curve to the right having a radius of 100 00 feet,a central angle of 49°04'26" and a chord which bears N 15°47'04"E, 83.06 feet to a point of reverse curvature; THENCE in a northeasterly dnectiion, 112.51 feet along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 64°27'57"and a chord which bears N 08°05'19"E, 106 67 feet to a point of reverse curvature, THENCE in a northwesterly direction, 30.30 feet along the arc of a curve to the nght having a radius of 100 00 feet, a central angle of 17°21'38" and a chord which bears N 15°27'50"W, 30.18 feet to the point of tangency of said curve; THENCE N 06°47'O1" W, 285 68 feet to the point of curvature of a curve to the right, THENCE in a northeasterly direction,41 10 feet along the arc of said curve to the right having a radius of 100 00 feet,a central angle of 23°32'48" and a chord which bears N 04°59'23"E, 40.81 feet to the point of tangency of said curve, THENCE N 16°45'47"E, 216.65 feet to a point for a corner, THENCE S 47°09'52" E, 90 15 feet to a point for a corner, THENCE S 75°48'49"E, 19 04 feet to a point for a corner, THENCE S 16°45'47" W, 10 82 feet to the point of curvature of a curve to the left, THENCE in a southeasterly direction, 84 48 feet along the arc of said curve to the left having a radius of 100.00 feet, a central angle of 48°24'20" and a chord which bears S 07°26'23" E, 81 99 feet to the point of tangency of said curve, THENCE S 31°38'33"E, 52 94 feet to the point of curvature of a curve to the right, THENCE in a southeasterly direction, 85 33 feet along the aic of said curve to the nght having a radius of 100 00 feet,a central angle of 48°53'19" and a chord which bears S 07°11'53" E, 82 76 feet to the point of tangency of said curve, THENCE S 17°14'46" W, 195 83 feet to the point of curvature of a curve to the left, WEST RANCH DRAINAGE EASEMENT TRACT 2 5 131 ACRES PAGE 4 THENCE in a southeasterly direction, 69 20 feet along the arc of said curve to the left having a radius of 100.00 feet, a central angle of 39°39'02" and a chord which bears S 02°34'45"E, 67.83 feet to the point of tangency of said curve, THENCE S 22°24'16"E, 32 77 feet to a point for a corner; THENCE S 79°57'59"E, 194 25 feet to a pomt for a corner, THENCE S 16°41'57" W, 30 20 feet to a point for a corner, THENCE N 79°57'59" W, 171 68 feet to a point for a corner, THENCE S 22°24'16"E, 15 08 feet to the point of curvature of a curve to the right, THENCE in a southwesterly direction, 123 38 feet along the arc of said curve to the right having a radius of 100.00 feet,a central angle of 70°41'32"and a chord which bears S 12°56'30" W, 115 70 feet to a point of reverse curvature, THENCE in a southwesterly direction, 89 80 feet along the arc of a curve to the left having a radius of 100 00 feet, a central angle of 51°27'06" and a chord winch bears S 22°33'43" W, 86.81 feet to the point of tangency of said curve; THENCE S 03°09'50"E, 196 89 feet to a point for a corner; THENCE S 20°47'49"E,42 37 feet to the point of curvature of a curve to the right, THENCE in a southeasterly direction,45 93 feet along the arc of said curve to the right having a radius of 100.00 feet,a central angle of 26°18'57"and a chord which bears S 07°38'21"E, 45 53 feet to a point of reverse curvature, THENCE in a southeasterly direction, 93 35 feet along the arc of a curve to the left having a radius of 100 00 feet, a central angle of 53°29'08" and a chord which bears S 21°13'27"E, 90 00 feet to the point of tangency of said curve, THENCE S 47°58'Ol"E, 28.12 feet to the point of curvature of a curve to the right; THENCE in a southeasterly direction, 86.56 feet along the arc of said curve to the right having a radius of 100.00 feet, a central angle of 49°35'51" and a chord which bears S 23°10'05"E, 83 89 feet to the point of tangency of said curve, THENCE S 01°37'50" W, 31 19 feet to a point for a corner, WEST RANCH DRAINAGE EASEMENT TRACT 2 5.131 ACRES PAGE 5 THENCE S 41°28'00" W, 124.77 feet to the point of curvature of a curve to the left, THENCE in a southwesterly direction, 90.51 feet along the arc of said curve to the left having a radius of 100.00 feet,a central angle of 51°51'38" and a chord which bears S 15°32'11"W, 87 46 feet to the point of tangency of said curve, TIIENCE S 10°23'38" E, 68 50 feet to the point of curvature of a curve to the left, THENCE m a southeasterly direction,42.16 feet along the arc of said curve to the left having a radius of 50 00 feet,a central angle of 48°18'28" and a chord which bears S 25°53'20"E, 40 92 feet to the point of tangency of said curve, THENCE S 50°02'34"E, 16 44 feet to the POINT OF BEGINNING and containmg 5.131 acres of land Bearing orientation is based on Texas State Plane Coordinate System, South Central Zone, NAD83 and monumented on the ground as follows starting at a 3A-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]me 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 'ttc ev��SC3V3t.G,9t+o"�<J �' ,r . ,"t-,,elYfisla r Edward F. Taylor, RPLS N. ]615 „». .»,. » s»»:„ Brown&Gay Engineers, Inc Ef>ViiAF9l7 F TAYLOP 11490Westheimer Road h �e 1615 Houston, Texas 77077 <9�"oIssii3S,-'O��� (281) 558-8700 GALVESTON COUNTY CONSOUDATED DRAINAGE DISTRICT 1605 WHITAKER DR. FRIENDSWOOD,TEXAS 77546 R\Prolects\STE\Ste01 Admin\5 131ac doe GA <T,..,; "Ailment PQO® n,,,nu,,L DISTRICT FRIENL5Vi�� AAS77548 . t RECORDER'S MEMORANDUM At the time of ret%tdahon this Instrument was �r�/ •,•ind to be Inadequate for the best photographic, GALVESTON COUNTY i +uctba becauee of Illogtbllity, carbon rn ,.opy,discolored paper etc All blackouts. CONSOUG r ) `'la'NAGE DISMer none and changes wore present at the time le(,; 'cR DR. Instrum wr iR ent ad and recorded FRIENDSWt,.U,TEXAS 77548 FILED AND RECORDED 1E OFFICIAL PUBLIC RECORDS MovZ 2006072835 October 25, 2006 03 31 28 PM FEE $48 00 Mary Ann Daigle, County Clerk Galveston County, TEXAS