HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - William L. White and Carmen I. Chanona White Notice of confidentiality rights:If you are a natural person,you may remove
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EASEMENT AGREEMENT
Grantors: William L. White and Carmen I. Chanona White
Grantors' Mailing Address: 907 S. Friendswood Dr.,Ste. 200,
Friendswood,TX 77546
Grantee: Galveston County Consolidated Drainage District, a political
subdivision of the State of Texas
Grantee's Mailing Address: 1605 Whitaker Drive,Friendswood,TX 77546-
4178
Grant of Easement
1. For the consideration described in Paragraph 2 below,Grantors grant to
Grantee an easement and right-of-way 90 feet wide from the centerline of Chigger
Creek and consisting of 1.68 acres (72,992 square feet) of land out of and a part of
being out of and a part of the A. H.JACKSON SURVEY,Abstract#128,
Galveston County,Texas, more particulary described by metes and bounds as
follows in the attached Exhibit A,including the GeoSurv, LLC survey made a part
of that Exhibit A.
Consideration
2. The easements described in this Agreement are granted in consideration of
the Grantee's payment to Grantors of the sum of Ten and No/100 ($10.00)
Dollars,and other valuable consideration,the receipt of which is acknowledged.
Character of Easement
3. This instrument grants 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,including
without limitation ditches,ponds, and culverts.All work and materials will be at
the sole expense of Grantee.
Duration of Easement
5. The Easement shall be perpetual.
Warranty of Title
6. Grantors and Grantors' 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 Easement.
Exclusiveness of Easement
7. The Drainage Easement and associated rights and privileges is exclusive,
and Grantors covenant not to convey any other easement or conflicting rights in
the area covered by the Drainage Easement.
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 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. Grantors retain,reserve, and shall continue to enjoy the use of the surface
of the Easement for any and all purposes that do not interfere with and prevent
Grantee's use of the Easement.
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.
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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.
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 Grantors and their successors and assigns.
Choice of Law
14. This agreement will be construed under the laws of the state of Texas,
without regard to choice-of-law rules of any jurisdiction. Sole and exclusive venue
is in Galveston County,Texas.
Counterparts
15. This agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document.All
counterparts will be construed together and will constitute one and the same
instrument.
Waiver of Default
16. It is not a waiver of or consent to default if the nondefaulting party fails to
declare immediately a default or delays in taking any action. Pursuit of any
remedies set forth in this agreement does not preclude pursuit of other remedies in
this agreement or provided by law.
Further Assurances
17. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or
appropriate to perform the terms,provisions, and conditions of this agreement and
all transactions contemplated by this agreement.
Equitable Rights of Enforcement
18. This easement may be enforced by restraining orders and injunctions
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(temporary or permanent)prohibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference,and will be obtainable only by the parties,
to or those benefited by,this agreement; provided,however,that the act of
obtaining an injunction or restraining order will not be deemed to be an election of
remedies or a waiver of any other rights or remedies available at law or in equity.
Legal Construction
19. If any provision in this agreement is for any reason unenforceable, to the
extent the unenforceability does not destroy the basis of the bargain among the
parties, the unenforceability will not affect any other provision hereof, and this
agreement will be construed as if the unenforceable provision had never been a
part of the agreement. Whenever context requires,the singular will include the
plural and neuter include the masculine or feminine gender, and vice versa.Article
and section headings in this agreement are for reference only and are not intended
to restrict or define the text of any section.This agreement will not be construed
more or less favorably between the parties by reason of authorship or origin of
language.
Notices
20. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement will be deemed to be delivered (whether
actually received or not) when deposited with the United States Postal Service,
postage prepaid,certified mail,return receipt requested, and addressed to the
intended recipient at the address shown in this agreement. Notice may also be
given by regular mail,personal delivery,courier delivery,facsimile transmission,or
other commercially reasonable means and will be effective when actually received.
Any address for notice may be changed by written notice delivered as provided
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herein. p
EXECUTED this 1 lP day of "'el Marl , 2018, at
Friendswood,Texas.
GRANT
GRANTEE
GALVESTON COUNTY
CONSOLIDATED DRAINAGE
DISTRICT
1-41,00
By: t-t 04`o Id L.
Its: t3oand Qresi C1rJn.4-
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE , the undersigned authority, on this day personally appeared
t.Lack. L. L)ht ft,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 of office this_day of eic). ,2018.
Notary Public tate of Texas
a`. Y'P��. Cathy Deskins
-Jr' z! o My Commission Expires
P 11/08/2021
15.4..--f� ID No.129619974
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE the undersigned authority, on this day personally appeared
CarIgcAT L i4�tota. W E tdcnown 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 of office this_day of red, f to ,2018.
VPV
�9�`' �.4 Cathy missi n
zr 1 Commission Expires
u�•, ;P 11/08/2021
94.•60.4 ID No.129619974 Notary Public tate of Texas
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME,the undersigned authority,on this day personally appeared (-for-otc.
, of 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.
ZO
GIVEN UNDER MY HAND and seal of office this_day of re'O_,2018.
g '• RHONDA L. SYKES
_�: ;7=Notary Public,State of Texas
i �—✓
� 4; Comm.Expires 05-06-2020 Notary Public,State of Te as
Notary ID 4767434
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•
Exhibit A
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EXHIBIT "A"
DRAINAGE EASEMENT
Being 1.68 acres (72,992 square feet) of land out of and a part of being out of and a part of the A.
H. JACKSON SURVEY, Abstract #128, Galveston County, Texas, being out of and a part of
that certain 9.04 acre tract of land conveyed by Carolina R. E. Corporation to William L. White
and Carmen.I. Chanona White and recorded under Clerk's File Number 2017065052, in the Office
of the County Clerk of Galveston County, Texas; said 1.68 acre tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found on the Southerly right-of-way line of Wilderness Trail,
a 60 foot dedicated public roadway right-of-way,being the common property corner of aforesaid
William L. White and Carmen I. Chanona White 9.04 tract and of that certain 7.6057 acre tract of
land conveyed to John P. Keith and Nikki B. Keith as found of record under Galveston County
Clerk's File Number 2011050118 in the Office of the County Clerk of Galveston County,Texas;
THENCE, S 43 33' 32" E, along and with the common property line of aforesaid Caroline R. E.
Corporation and Keith tract,a distance of 1,026.27 feet to the POINT OF BEGINNING of the herein
described tract;
THENCE, in a Northeasterly direction, through the interior of aforesaid White's 9.04 acre tract,
the following Eight (8) courses and distances:
N 40°51'52" E, a distance of 75.99 feet;
N 71°50'11" E, a distance of 116.35 feet;
S 52°28'39" E, a distance of 89.25 feet;
S 66°06'S0" E, a distance of 132.16 feet;
N 44°37'41" E, a distance of 25.82 feet;
N 35°16'05" E, a distance of 160.91 feet;
N 41°17'06" E, a distance of 82.27 feet;
N 67°07'05" E, a distance of 127.33 feet to a point on the Northeast line of said H.JACKSON
SURVEY;
THENCE,S 43°33'32" E,along and with the Northeast line of said H.JACKSON SURVEY,a distance
of 100.95 feet to an angle point at the centerline of Chigger Creek;
PAGE 1 OF 3
THENCE, in a Southwesterly direction along the meanders of the centerline of Chigger Creek,the
following Eleven (11)courses and distances:
S 73°14'40" W, a distance of 41.67 feet;
S 67°07'05" W, a distance of 100.90 feet;
S 41°17'06" W, a distance of 56.90 feet;
S 35°16'05" W, a distance of 128.90 feet;
S 35°16'05" W, a distance of 34.65 feet;
S 44°37'41" W,a distance of 81.79 feet;
N 78°07'59" W, a distance of 60.87 feet;
N 66°06'50"W, a distance of 150.34 feet;
N 52°28'39" W, a distance of 52.47 feet;
S 71°50'11" W, a distance of 43.88 feet;
S 40°51'22"W, a distance of 59.84 feet to an angle point at the most westerly corner hereof;
THENCE, N 43°33'32" W, a distance of 90.43 feet to the POINT OF BEGINNING and containing a
calculated area of 1.68 acre (72,992 square feet) of land.
REPARED
January 18,2018
BY
DALE L.HARDY/GEOSURV,LLC
REGISTERED PROFESSIONAL.LAND SURVEYORS
P.O. BOX 246,LEAGUE CITY, TEXAS 77574
PH 281-554-7739 FAX 281-554-6928 E-MAIL:dhardy@geosurvllc.com
PAGE 2 OF 3
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FILED AND RECORDED
Instrument Number: 2018011044
Recording Fee: 62.00
Number Of Pages:11
Filing and Recording Date: 02/23/2018 2:09PM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
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\� '9 Dwight D. Sullivan, County Clerk
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DO NOT DESTROY - Warning, this document is part of the Official Public Record.
