HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - Autumn Creek Development, Ltd. (4) 11111111111111111311111111111111111111111 2008057982
12 PGS
EASEMENT AGREEMENT
Preamble
This Agreement is made on the 23 day of SeQ t %eg-, 200 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 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 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 right 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 rights 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 Grantee'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 anses 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
-2-
Assignability and Binding Effect
13. This Agreement and the rights, privileges, and duties set forth herein shall be
assignable upon notice to and consent from the Grantee, given that such consent is not to
be unreasonably withheld. This Agreement shall bind and inure to the benefit of the
Grantee and its successors and assi s, and the Grantor and its successors and assigns
EXECUTED this Z day of at , 200 6 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 n 1 Partner
B •
J . ammond
Vice President
GRANTEE
GALVESTON COUNTY CONSOLIDATED
DRAIN GE DIST' ,+
./ �I/,fail
By:---- oeut-ct \'res;cle_v.-1—
Its. Wanmle l 014:1-o1/44�e/-
-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
o
he/she executed the same for the purposes and consideration threm stated Q
GIVEN UNDER MY HAND and seal o Po' is- this of OOU 0il4MINA L.MA CAMPO1 I, 2 Notary P 1.hc, Sta e of Texas
1
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authonty, on this day personally appeared NeAA old
(i.) -uk„�, , (3130.Aot Prescderif 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 of office*.this_da of ado tocr, 200 g .
4 RHONDA L SYKES Notary Public, State o Texas
t. d. Notary Public,State of Texas
iii:IS. Tr My Commission Expires
,tti _ _wry 06,2012
Qsl.Sc.-"os.ac,en,j VE."-)E.4-t31)•-Essti Cook 3di6is,l
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-4-
Exhibit A
(Legal Description of Easement Area)
-5-
Exwta‘i p.
WEST RANCH
PROPOSED DRAINAGE EASEMENT OCTOBER 18, 2006
1 171 ACRES JOB NO. WRMD80-50
DESCRIPTION OF A 1.171 ACRE TRACT OF LAND
SITUATED IN THE
JOHN DICKINSON SURVEY, ABSTRACT 9
CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS
BEING a 1.171-acre tract of land situated in the John Dickinson Survey, Abstract No 9, City of
Friendswood, Galveston County, Texas, being partly out of Lots 22 and 23 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 Lots
22 and 23 being described in deeds recorded at Galveston County Clerk's File Numbers 8900646 and
9305532, said 1 171 acre tract also being out of a called 224.66 acre tract of land described in an
instrument filed for record under Galveston County Clerk's File Number 2005016293, said 1 171 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 right-of-way Ime 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 65°15'22" E, a distance of 1074.85 feet over and across said called 224.66 acre tract of
land to the to the POINT OF BEGINNING of the herein described 1.171 acre tract,
THENCE the following eight(8) courses and distances over and across said called 224 66 acre tract:
S 70°20'07" E, a distance of 94 76 feet to a point for the beginning of a tangent curve to the
right;
In a easterly direction, along said curve to the right, a distance of 114.13 feet, having a radius
of 1470.00 feet, a central angle of 04°26'54" and a chord which bears S 68°06'40" E, 114.10
feet to a point for corner;
S 24°20'49" W, a distance of 116.44 feet to a point for corner;
S 05°42'38" W, a distance of 85.66 feet to a point for the begmmng of a tangent curve to the
right;
R\PROJECTS\WRMD\WRMDSO\ADMIN\1_171 ACMB doc
Page 1 of 2
WEST RANCH- PROPOSED DRAINAGE EASEMENT
1 171 ACRES
OCTOBER 18, 2006
PAGE 2
In a westerly direction, along said curve to the right, a distance of 227.59 feet, having a radius
of 78 50 feet, a central angle of 166°07'02" and a chord which bears S 88°46'09" W, 155.85
feet to a point for corner;
N 08°10'20" W, a distance of 36.16 feet to an angle point;
N 01°28'44" W, a distance of 74.60 feet to an angle point,
N 05°12'52" E, a distance of 74 61 feet to an angle point;
N 11°43'23" E, a distance of 86.21 feet to the POINT OF BEGINNING and containing 1 171
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 m 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
onginally 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
NOTE. This metes and bounds descnption is not to be used for the fee conveyance of property
OF, £rica,
6fto 9�,�,tP ( SNS264
�P °`': Brown& Gay Engmeers, Inc.
PAULA.JURICAJR. 10777 Westheimer Road, Suite 400
V4264 Houston, Texas 77042
9o� arrr Telephone (281) 558-8700
e4E Essio00
SUAVE` -
R\PROJECTS\WRMD\WRMD80\ADMIN\I_171ACMB doc
Page 2 of 2
F . R Ccut'ct)
WEST RANCH
PROPOSED DRAINAGE EASEMENT OCTOBER 18, 2006
3 163 ACRES JOB NO. WRMD80-50
DESCRIPTION OF A 3.163 ACRE TRACT OF LAND
SITUATED IN THE
JOHN DICKINSON SURVEY, ABSTRACT 9
CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS
BEING a 3 163-acre tract of land situated in the John Dickinson Survey, Abstract No 9, City of
Fnendswood, Galveston County,Texas,bemg partly out of Lot 2 and a portion of the unimproved 30-foot
wide roadway fronting said Lot 2 of the Slone Subdivision, a plat of which was ongmally recorded m
Volume 254-A,Pages 53 and 54 of the Galveston County Map Records and later recorded m Volume 13,
Page 91 of the Galveston County Map Records, said 3 163-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 22 and said undesignated land are a portion of the property
descnbed in deeds recorded at Galveston County Clerk's File Numbers 8900646 and 9305532, said 3 163
acre tract also being out of a called 224 66 acre tract of land described in an instrument filed for record
under Galveston County Clerk's File Number 2005016293, said 3.163 acre tract being more particularly
descnbed 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 descnbed m a deed recorded in Volume 2563,Page 690 of
the Galveston County Deed Records and bemg m the northerly nght-of-way lme 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 passmg 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, continumg 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 63°03'22" E, a distance of 1117 62 feet over and across said called 224.66 acre tract of
land to the to the POINT OF BEGINNING of the herein descnbed 3 163 acre tract,
THENCE the following ten (10) courses and distances over and across said called 224.66 acre tract of
land.
N 19°39'53" E, a distance of 687.58 feet to a point for corner,
S 57'33'57" E, a distance of 103 14 feet to a point for corner,
S 87°43'35" E, a distance of 82.16 feet to a point for corner,
S 19°39'53" W, a distance of 292.01 feet to a point for the beginning of a non-tangent curve to
the left,
In a southerly direction, along said curve to the left, a distance of 43.41 feet, having a radius
point which bears N 87°57'43"W, 70.00 feet, a central angle of 35°31'55" and a chord which
bears S 19°48'14" E, 42 72 feet to a point of reverse curvature;
R\PROJECTS\WRMD\WRMD80\ADMIN\3_163ACMB doe
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E•.t, A 'ccsx.4'6>
WEST RANCH - PROPOSED DRAINAGE EASEMENT
'3.163 ACRES
OCTOBER 18, 2006
PAGE 2
In a southerly direction, along a curve to the right, a distance of 227.47 feet, having a radius of
130.00 feet, a central angle of 100°15'23" and a chord which bears S 12°33'30" W, 199 55
feet to a point of reverse curvature,
In a southwesterly direction, along a curve to the left, a distance of 108 29 feet, having a radius
of 220 00 feet, a central angle of 28°12'07" and a chord which bears S 48°35'08" W, 107.20
feet to the end of said curve to the left;
S 19°39'53" W, a distance of 74.83 feet to the beginning of a non-tangent curve to the left,
In a westerly direction, along said curve to the left, a distance of 84.22 feet, having a radius
point which bears S 22°49'07" W, 1530.00 feet, a central angle of 03°09'14" and a chord
which bears N 68°45'30" W, 84.21 feet to the point of tangency;
N 70°20'07" W, a distance of 94 82 feet to the POINT OF BEGINNING and containing
3.163 acres of land
Bearing onentation 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 m 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
NOTE This metes and bounds descnption is not to be used for the fee conveyance of property
as,
Paul A. Junca, Jr RPLS No. 4264 /
».. ....... .....» Brown&Gay Engineers, Inc.
PAULA.JURICAJ,JR. ' 10777 Westheimer Road, Suite 400
9 4264 f Houston, Texas 77042
ooEnt o`ea, Telephone. (281) 558-8700
R\PROJECTS\WRMD\W RMD80\ADMIN\3_163ACMB doc
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FILED AND RECORDED
tiPtE W
s� .. OFFICIAL PUBLIC RECORDS
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2008057982
October 22, 2008 09 14 48 AM
FEE $56 00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
