HomeMy WebLinkAboutAccess Easement - Chigger Creek - GCCDD - HUNTERS CREEK ESTATES HOME OWNERS ASSOCIATION 111111111111111111111111111111111111111111111111111111111 2009005835 7 PGS ACCESS AGREEMENT STATE OF TEXAS )( )( KNOW ALL BY THESE PRESENTS THAT: COUNTY OF GALVESTON X For and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,HUNTERS CREEK ESTATES HOME OWNERS ASSOCIATION,herein"Grantor",being the owner in fee simple of that certain 1.2064 acre parcel of real property depicted on and described by metes and bounds in Exhibit"A"attached hereto,herein called"the Property",has granted,sold and conveyed, and does hereby grant, sell and convey, unto the GALVESTON COUNTY CONSOLIDA1ED DRAINAGE DISTRICT, whose address is 1605 Whitaker Drive,Friendswood, Texas 77546, its successors and assigns, herein collectively"Grantee", a right of way,but expressly subject to the terms and conditions specified below,across the Property for the purposes of ingress and egress to and from the surface water detention and retention facility presently located on Reserve A of Hunters Creek Estates,a subdivision in Friendswood,Galveston County, Texas, according to the map or plat thereof recorded at Plat Record 2004-A, Map Nos. 130-131, in the Official Public Records of Galveston County,Texas,herein called"the Detention Facility". Grantee shall,each time after accessing the Property,restore and maintain the Property to at least the same condition as when accessed. Grantee shall not commit or create any nuisance and shall not commit any act that will be detrimental to the Property or Grantor's rights pertaining thereto. Grantee shall have the right and privilege to enter upon the Property to the extent reasonably necessary and at any reasonable time necessary and proper for the purpose of exercising Grantee's rights and privileges hereunder. Grantor shall have and retain the right to fully use and enjoy the Property,including but not limited to the surface thereof,for any purpose which shall not unduly interfere with the rights herein granted to Grantee. Grantee shall defend, indemnify and hold harmless Grantor from any and all cost, claim, action,cause of action,damage or liability whatsoever,including but not limited to actual damages, punitive or exemplary damages and attorneys'fees,for,upon or by reason of Grantee's exercise or lack of exercise of its rights and obligations hereunder. Notice, when given, chall be made by certified mail, return receipt requested, to the following addresses: Page 1 of 3 TO GRANTOR: TO GRANTEE: HUNTERS CREEK ESTATES HOME GALVESTON COUNTY CONSOLIDATED OWNERS ASSOCIATION, DRAINAGE DISTRICT Attn: Tracy F. Goza Attn: R Inn &k c, c/o LPI Property Management,LLC i to cc- u3t-.'4c-k.,r flr P.O Box3217 Erie meia,.jood ,Terms Pearland,Texas 77588-3217 No rights are granted hereunder except as are expressly set forth herem The foregoing right of access shall run with the land subject to the terms and conditions hereof. Executed this .-'7 day of .. N u M.0 ,2009. HUNTERS CREEK ESTATES HOME OWNERS ASSOCIATION By. M Name: TiL,a Al Ao 7-4 Title. IQ+-t s ro wT THE STATE OF TEXAS COUNTY OF Sty-corgi u. This instrument was acknowledged before me on the 21 day of Twru,.ary�{ ,2009 by tract' F. &ota , Fe caic e n i- of and on behalf of Hunters Cieek Estates Home Owners Association. JORDAN R.COOK ' m and for State of Texas iinr \VS12-15-2012. Page 2 of 3 ACCEPTED: GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By M H Name: }%orol d t O : l-a ke.✓' Title: Bo ord pre s:dean+ THE STATE OF TEXAS COUNTY OF GALVESTON This mstrument was acknowledged before me on the ill day of Zabel. ,2009 by Ro..no9. , 3c,oaL fig of and on behalf of Galveston County Consolidated Drainage District Notary Public in and for a State of Texas o." RHONDA L. SYKES •y Notary Public,State of Texas A. My Commission Expires May 06,2012 AFTER RECORDING RETURN TO: GA c Mills Shirley L.L.P. 400 Washington Bldg., 2228 Mechanic Page 3 of 3 P.O. Box 1943 Galveston, Texas 77553 Exhibit"A" m CURVE TABLE \ A' CURVE RADIUS DELTA ARC BEARING CHORD S�� .O.C. C1 2065 00' 09'44'36" 351 16' S 3115'54" W 350 73' �yt 02 330 00' 3813'52" 220 20' S 45'30'32" W 216 13' r, ptp vo. C3 385 00' I2'41'28" 80 85' S 82'04'21' W 80 68' +1�'de`^ t% C4 270 00' 4228'45" 20018' N 47'37'58" E 195 62' P d��' / • \ C5 2125 00' 09'54'11" 387 28' N 31'20'41" E 388 83' /e°° �, / \ oll LINE TABLE C*/ d 4f 0 UNE BEARING DISTANCE �."�+ / p L1 S 41'46'34" W 390 97' / e L2 S 2623'38" W 100.38' Alp's P.0Y e°4�i L3 S 2522'32" E 25 00' Cli FND J 4" I R �"a�L4 S 48'09'16" E 162 23' � ���. .(1`" g/ LS S 41'S0'44' W 24J 64` � fop L8 S 55'43'37" W 8 77' L7 N 41'50'44' E 311 87' — L8 N 48'09'16" W 136 25' I N L9 N 2522132" W 89 77' 1 110 N 2623'38" E 100 38' / L11 S 4813'26" E 6028' \\ ' / \ s 11111 2 / �C2 3 ® ,//, \ \r 13 " II� fi N \ Vs>. /104, 4 �// , 5 /; fit. 1.2OS4 A is2,680 SQ. FT. �^ I.:OS!" ESS EA8EMENT tsbi,, clip 7 / ,/ cpc,0 1 ei i Polk'43. • \ \/ 720 DRAIN r '1 "A" "WC; ,s'Ix // p. ,0¢, .„ S ���I ° ri,NORTH t• et yD H SCALD 1'-1t4 / o '•OF...E'{.._�� / V �Ar"4O1B• 14l0`P•''' °' so EXHIBIT OF T. 6'IwSlot ' , 1.2084 AC./82,850 SG. F K • `14,°suit OUT OF HUNTERS CREEI H AS ESTATES PRIVATE 51 os—os—oa SITUATED IN THE SARA' MCKISSICK LEAGUE, A-1I (AS MIKE TEXAS REGISTERIED PROFESSIONAL DATE GALVESTON COUNTY, TE) LAND SURVEYOR NO 5101 AND NOTE SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY THIS EXHIBIT WAS PREPARED WITHOUT A TITLE COMMITMENT MAY NOT REFLECT AU. EASEMENTS. BUILDING UNES. AND OTHER ENCUMBERANCES A Inc. FIELDED BY - JOB N0. 37714-ACCOS-EO4T M US ��o Waldron)Lund Servlom nosDRAM Br EO REM W `j 4 Haan Ts 18i . seas ate M1 /J\ P,"D.(MOM Pr,flI DATE., AUGUST 20011 SHEET 1 OF 3 • ProfeeeloWY Surveying & Segineerbil $ • iv Wnldrose Land Services, Inc 9626 Weetchese ,,, o i o Houston,Texas 77042 Ll' ` .0 Phone(713)458.2282 Fax(713)461-1151 > Professional Surveying and Engineering Services r DESCRIPTION 1.2064 ACRES OR 52,550 SQUARE FEET ACCESS EASEMENT A TRACT OR PARCEL OF LAND CONTAINING 12064 ACRES OR 52,550 SQUARE FEET, BEING OUT OF HUNTERS CREEK ESTATES PRIVATE,MAP OR PLAT THEREOF RECORDED UNDER VOLUME 2004A, PAGES 130-131 OF THE GALVESTON COUNTY MAP RECORDS, SITUATED IN THE SARAH MCKISSICK LEAGUE SURVEY, ABSTRACT NUMBER 151, GALVESTON COUNTY,TEXAS,DESCRIBED AS FOLLOWS WITH ALL BEARINGS BASED ON SAID PLAT OF HUNTERS CREEK ESTATES PRIVATE COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF F M 518 (CALLED 140 FOOT WIDE ROW) AND THE SOUTHERLY RIGHT-OF-WAY LINE OF HUNTERS LANE(PUBLIC R O.W,WIDTH VARIES), THENCE SOUTH 41 DEGREES 46 MINUTES 34 SECONDS WEST, WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF HUNTERS LANE(PUBLIC R O-W),A DISTANCE OF 390 97 FEET TO A 3/4" IRON ROD FOUND MARKING THE SOUTH CORNER OF HUNTERS LANE PUBLIC ROW,ALSO MARKING THE EAST CORNER OF HUNTERS LANE,PRIVATE R O W (CALLED 60 FOOT WIDE ROW)AND THE HEREIN DESCRIBED TRACT, THENCE WITH THE SOUTHERLY LINE OF SAID HUNTERS LANE,PRIVATE R 0 W,ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09 DEGREES 44 MINUTES 36 SECONDS, A RADIUS OF 2065 00 FEET, AN ARC LENGTH OF 351 16 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 31 DEGREES 15 MINUTES 54 SECONDS WEST, 350 73 FEET TO A POINT OF TANGENCY, THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, CONTINUING WITH SAID SOUTHERLY LINE OF HUNTERS LANE,PRIVATE ROW,A DISTANCE OF 100 38 FEET TO A POINT OF CURVATURE, THENCE IN A SOUTHWESTERLY DIRECTION,CONTINUING WITH SAID SOUTHERLY LINE OF HUNTERS LANE, PRIVATE. ROW, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 38 DEGREES 13 MINUTES 52 SECONDS,A RADIUS OF 330 00 FEET,AN ARC LENGTH OF 22020 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 45 DEGREES 30 MINUTES 32 SECONDS WEST, 216 13 FEET TO THE INTERSECTION OF SAID SOUTHERLY LINE OF HUNTERS LANE,PRIVATE ROW WITH THE EASTERLY LINE OF 20 FOOT WIDE DRAINAGE RESERVE"B"OF SAID HUNTERS CREEK ESTATES PRIVATE,ALSO BEING AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 25 DEGREES 22 MINUTES 32 SECONDS EAST,WITH SAID EASTERLY LINE OF 20 FOOT WIDE DRAINAGE RESERVE "B", A DISTANCE OF 25 00 FEET TO AN ANGLE POINT, THENCE SOUTH 48 DEGREES 09 MINUTES 16 SECONDS EAST, CONTINUING WITH SAID EASTERLY LINE OF 20 FOOT WIDE DRAINAGE RESERVE `B", AT A DISTANCE OF 102 23 FEET PASS THE INTERSECTION OF SAID EASTERLY LINE OF 20 FOOT WIDE DRAINAGE RESERVE"B"WITH THE COMMON LINE OF BLOCK 2 OF SAID HUNTERS CREEK ESTATES PRIVATE AND DETENTION AREA DRAINAGE RESERVE "A" OF SAID HUNTERS CREEK ESTATES PRIVATE, CONTINUING FOR A TOTAL DISTANCE OF 16223 FEET TO AN EAS I ERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 41 DEGREES 50 MINUTES 44 SECONDS WEST,A DISTANCE OF 247 64 FEE1 TO A POINT ON THE NORTHERLY LINE OF THE DRAINAGE ROW (VARYING WIDTH)OF SAID HUNTERS CREEK ESTATES PRIVATE, SAME BEING A SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE IN A WESTERLY DIRECTION,ALONG SAID NORTHERLY LINE OF THE DRAINAGE R O W, ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12 DEGREES 41 MINUTES 28 SECONDS,A RADIUS OF 365 00 PEEL AN ARC LENGTH OF 80 85 FEET,AND A CHORD BEARING AND DISTANCE OF SOUTH 62 DEGREES 04 MINUTES 21 SECONDS WEST, 80 68 FEET TO A POINT OF TANGENCY, SHEET 2 OF 3 Y Wrojects 37714-Hunters Creek(See 22195)\Surveying-SUS Drawingsl37714WC-ACCESS-ESMT-080408 DOC • .r Wttttrose Land Services,Inc 3628 Westeheae , " ' ' : Houston,Texas 77042 AY L. L Phone(713)4584282 Fax(713)461-1151 > Professional Surveying and Engineering Services r THENCE SOUTH 55 DEGREES 43 MINUTES 37 SECONDS WEST, CONTINUING WITH SAID NORTHERLY LINE OF THE DRAINAGE ROW, A DISTANCE OF 8 77 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE OF THE DRAINAGE ROW WITH THE SOUTH LINE OF A 30 FOOT WIDE HUMBLE PIPELINE COMPANY EASEMENT RECORDED UNDER VOLUME 1805, PAGE 176 OF THE GALVESTON COUNTY DEED RECORDS, SAID INTERSECTION BEING THE MOST SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 41 DEGREES 50 MINUTES 44 SECONDS EAST,WITH SAID SOUTH LINE OF THE 30 FOOT WIDE PIPELINE EASEMENT, A DISTANCE OF 311 87 FEET TO AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 48 DEGREES 09 MINUTES 16 SECONDS WEST, DEPARTING FROM SAID SOUTH LINE OF THE 30 FOOT WIDE PIPELINE EASEMENT,AT A DISTANCE OF 3000 FEEL PASS THE INTERSECTION OF SAID COMMON LINE OF BLOCK 2 AND DRAINAGE RESERVE "A"WITH THE WESTERLY LINE OF SAID 20 FOOT DRAINAGE RESERVE'B",CONTINUING FOR A TOTAL DISTANCE OF 136 25 FEET TO AN ANGLE POINT, THENCE NORTH 25 DEGREES 22 MINUTES 32 SECONDS WEST, CONTINUING WITH SAID WESTERLY LINE OF 20 FOOT DRAINAGE RESERVE "B", AT A DISTANCE OF 29 63 FEET PASS THE INTERSECTION OF SAID WESTERLY LINE OF SAID 20 FOOT DRAINAGE RESERVE "B" WITH SAID SOUTHERLY LINE OF HUNTERS LANE PRIVATE ROW, CONTINUING FOR A TOTAL DISTANCE OF 89 77 FEET TO A POINT ON THE NORTHERLY LINE OF SAID HUNTERS LANE, PRIVATE ROW, ALSO BEING A NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE IN A NORTHEASTERLY DIRECTION, WITH SAID NORTHERLY LINE OF HUNTERS LANE,PRIVATE RO W.,ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42 DEGREES 28 MINUTES 45 SECONDS,A RADIUS OF 270 00 FEET,AN ARC LENGTH OF 200 18 FEET,AND A CHORD BEARING AND DISTANCE OF NORTH 47 DEGREES 37 MINUTES 58 SECONDS EAST,195 62 FEET TO A POINT OF TANGENCY, THENCE NORTH 26 DEGREES 23 MINUTES 36 SECONDS EAST, CONTINUING WITH SAID NORTHERLY LINE OF HUNTERS LANE,PRIVATE ROW,A DISTANCE OF 100 38 FEET TO A POINT OF CURVATURE, THENCE IN A NORTHEASTERLY DIRECTION,CONTINUING WITH SAID NORTHERLY LINE OF HUNTERS LANE, PRIVATE ROW, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09 DEGREES 54 MINUTES II SECONDS, A RADIUS OF 2125 00 FEET, AN ARC LENGTH OF 367 28 FEET,AND A CHORD BEARING AND DISTANCE OF NORTH 31 DEGREES 20 MINUTES 41 SECONDS EAST, 366 83 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HUNTERS LANE PUBLIC ROW,ALSO BEING THE NORTH CORNER OF SAID HUNTERS LANE,PRIVATE ROW,AND THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 48 DEGREES 13 MINUTES 26 SECONDS EAST,WITH THE COMMON LINE OF SAID HUNTERS LANE, PRIVATE ROW AND SAID HUNTERS LANE (PUBLIC R O W), A DISTANCE OF 60 28 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1 2064 ACRES OR 52,550 SQUARE FEET, AS SHOWN ON JOB NUMBER 377 I4WC-ACCESS-ESMT-080408, PREPARED BY WINDROSE LAND SERVICES,INC "k,t/TEgtO40 t Eta t. . 9a-06-08 MIKE KURKOWSKI A'D sulk DATE RPLS NO 5101 STATE OF TEXAS SHEET 3 OP 3 Y\Projetsl37714 Durum Creak(Sec 22195)Surveying-SNChan mgr 1714WC-ACCESS-ESMT 08040A DOC FILED AND RECORDED .E of a OCFFFFICIAL PUBLIC RECORDS 2009005835 February 02, 2009 03 45 09 PM FEE $36 00 Mary Ann Daigle, County Clerk Galveston County, TEXAS RECORDER'S MEMORANDUM At the time of recordation, this Instrument was found to be Inadequate for the beet photographs, reproduction because of Illegibility, carbon or photo copy,discolored paper,etc All bleokoute, additions and changes were present at the time the Instrument was tiled and recorded.