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Home My WebLink AboutWarranty Deed - Chigger Creek - GCCDD - LUTHERAN CHURCH 111111111111111111111111111111111111111111111111111111 2009057789 5 PGS ACCESS AGREEMENT STATE OF TEXAS )( )( KNOW ALL BYTHESE PRESENTS THAT COUNTY OF GALVESTON )( 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, HOPE LUTHERAN CHURCH OF FRIENDSWOOD, herein "Grantor", being the owner in fee simple of that certain real property described as Lot 1 of the Hope Lutheran Church of Fnendswood Subdivision, a subdivision in Fnendswood, Galveston County, Texas, according to the map or plat thereof recorded at Plat Record 18, Map No 1391, in the Official Public Records of Galveston County, Texas herein called "the Property", has granted, sold and conveyed, and does hereby grant, sell and convey, unto the Galveston County Consolidated Drainage District, whose address is 1605 Whitaker Drive, Fnendswood, Texas 77546, its successors and assigns, herein collectively "Grantee", a perpetual right of way 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 Fnendswood, 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 call "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 Unrestricted access will be limited to rubber tire vehicles of less than 10 ton capacity Access by vehicles in excess of 10 tons or steel track vehicles must be approved on a case by case basis by Grantor Grantor will identify approved routing across Property for access to the Detention Facility, and this routing may be changed over time as improvements are made to the Property 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 Page 1 damages, punitive or exemplary damages and attorney's fees, for, upon or by reason of Grantee's exercise or lack of exercise of it's rights and obligations hereunder Notwithstanding the foregoing, this instrument and the grant and conveyance hereunder shall automatically become void, and right of access and all privileges appurtenant thereto granted herein, shall terminate automatically and in all respects, without further action by Grantor or Grantee, should Grantee ever fail to satisfy and comply with each and every term and condition hereof without further notice or action of or on behalf of Grantor No rights granted hereunder except as are expressly set forth herein The foregoing right of access shall run with the land subject to the terms and conditions hereof Executed this EA day of 4. , 2009 HOPE LUTHERAN CHURCH OF FRIENDSWOOD -2 Name altl. hit t Title es BP. Sea to17FM -9 THE STATE OF TEXAS COUNTY OF GALVESTON Thf instrument was acknowledged before me on the si day of Allmot , 2009 by Rolf h IA), /' t cd1k, t'QzNp>rci-e ,' ecre4ary of and on behalf of Hope Lutheran Church of Friendswood 7 ,c. ,tite,„„,:i a,.%"...) C KATHERINE A KOHN Notary Public in and For the State of Texas I Notary Public, State of Texas My Commisswn Expires Y"'-W\F0ssi o12 l Toll ry Lctssi n f Trec+.s� kr AFTER RECORDING RETURN TO HOPE LUTHERAN CHURCH Page 2 N ,Pig "POINT OF BEGINNING" FND TXDOT MON C`r�`� o�',\ S45° 48'11"E �� `'�°j / 30 03' ��b PS �� ,'r' • S.9 END TXDOT MON / h P� O PC'Jg- 1 / `� s, 1� • r h0 �PGG o �oF� O- ( ' O (P��<F�� / / MAPS 391, G CiM R'`\ 0Q OC / 30' ACCESS ESMT N `Z' C 0 4804 ACRES \ C / F /� ` 10'U E , VOL 18 ND 5/8" I R „ ,• � MAP 1391, G C M R RESIDUE `. 00',' c cl, 571405 ACRES r, , v DAD-SBD INTEREST, INCcoos G C C F NO 9830539 • 43 / 41 FND 5/8" I R ,� / ^)C' LOT 1 ,b /' 0 -, HOPE LUTHERAN CHURCH / tot FRIENDSWOOD ' VOL 18, MAP 1391, C (1, GCMR GO �q, �' /' / \ •,i} // o ; N 4+ /// • \ / ‘ / 25' BI , VOL 18, � �< •, MAP 1391, GCMR N48° 15'45"W "� /10' U E , VOL 18 30 00, v" MAP 1391, G C M R RESIDUE �• 57 1405 ACRES ., •\ DAD-SBD INTEREST, INC EXHIBIT "B" G C C F NO 9830539 30' ACCESS ESMT GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT DATE: 08-31-09 Civil Conce ts, Inc. A METES AND BOUNDS DESCRIPTION � OF EVEN DATE ACCOMPANIES THIS EXHIBIT SCALE: 1" 3425 Federol Street 100' C Pasadena, Texas 77504 Phone 713 947 6606 REV 09-30-09 (TITLE) GF.NO: N/A CIVIL SURVEYING ENGINEERING, CONSTRUCTIONI EXHIBIT"A" A tract of land containing 0 4804 acres, being out of Lot 1, Hope Lutheran Church of Friendswood, recorded in Volume 18, Map 1391 of the Map Records of Galveston County,Texas,and being more particularly described by motes and bounds as follows, BEGINNING, at a found TxDot monument marking the northerly corner of said Lot 1 and the easterly corner of a called 0 7697 acre tract and recorded in Galveston County Clerk's File No 2005013987 and being in the southerly line of F M 518 (140 foot wide), 1 THENCE, South 45 degrees 48 minutes 11 seconds East, along the northeasterly line of said Lot 1 and the southerly line of said F M 518, for a distance of 30.03 feet to a point for corner; 2 THENCE, South 41 degrees 31 minutes 39 seconds, West, over and across said Lot 1, for a distance of 696.92 feet to a point for corner in the southwesterly line of said Lot 1; 3 THENCE, North 48 degrees 15 minutes 45 seconds West, along the southwesterly line of said Lot 1, for a distance of 30 00 feet to a point for corner, 4 THENCE, North 41 degrees 31 minutes 39 seconds East, over and across said Lot 1, passing at 320.12 feet a found five eighths inch iron rod marking the southerly corner of called 0.7697 acre for a total distance of 698 12 feet to the POINT OF BEGINNING A survey of even date accompanies this description. David C Newell AP `Registered Professional Land Surveyor A/ * PO k Registration No 4085 , 4 Date:August 31, 2009 1„ItOFFt1 s ,��` 4. Civil Concepts, Inc. S U 3425 Federal Street Pasadena,Tx 77504 713-947-6606 FILED AND RECORDED ,0e Op e. ,. OFFICIAL PUBLIC RECORDS „a.,00 2009057789 October 16, 2009 03 29 09 PM FEE $32 00 Mary Ann Daigle, County Clerk Galveston County, TEXAS After Recording,Please Return To: George W. Vie III Mills Shirley L.L.P. P.O. Box 1943 Galveston, TX 77553-1943