HomeMy WebLinkAboutEasement - Chigger Creek - GCCDD - Blake and Lisa Robertson Notice of confidentiality rights:If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records:your Social Security number or your driver's license number. EASEMENT AGREEMENT Grantors: Blake and Lisa Robertson Grantors' Mailing Address: 617 Woodview Dr 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 Grant of Easement 1. For the consideration described in Paragraph 2 below, Grantors grant to Grantee a 90-foot drainage easement and right-of-way comprising 0.6248 acres out of Sarah McKissick Survey Abstract 151,upon and across the property belonging to Grantors and as 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 Grantors 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. This instrument grants easements in gross. Temporary Easement 4. While any construction,repair or maintenance(collectively, "Work")activities are ongoing Grantee may use, as would be reasonably practical, up to an additional ten feet outside the boundaries of the Drainage Easement on a temporary basis for activities related to the Work (the "Temporary Easement"). On completion of the Work, Grantee shall replace and restore all fences, bridges, paths, or other structures that may have been relocated or removed during the Work. The Drainage Easement, and the Temporary Easement are collectively referred to herein as the "Easements." Grantee may establish reasonably practical rules from time to time concerning use of the Temporary Easement if approved in advance by Grantor. Purpose of Drainage Easement 5. 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. All work and materials will be at the sole expense of Grantee. Duration of Easement 6. The Drainage Easement shall be perpetual. Warranty of Title 7. Grantors and Grantors' successors and assigns shall be bound to warrant and defend the rights conveyed in this instrument against every person whomsoever lawfully claiming or to claim any interest in the property covered by the Easements or any part thereof,by,through or under Grantor. Exclusiveness of Easement 8. 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. The Temporary Easement is non-exclusive, and Grantors reserves the right to take any desired action with respect to the property covered by such easement as long as such action does not materially impair or conflict with the rights of Grantee set forth herein. Insurance 9. Grantee shall maintain workman's compensation and liability insurance covering Grantee for claims arising from or related to ongoing Work. Grantee agrees to name Grantors as unrestricted and unconditional additional insureds on all liability policies, and to provide Grantors with a current Certificate of Insurance on request. Grantors shall be named as additional insureds until the right to use the Temporary Easement has expired, as set out in paragraph 4. Maintenance 10. 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 Drainage Easement for the purposes set forth herein. Rights Reserved 11. Grantors retain, reserve, 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 12. 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 13. 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 14. 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 15. This agreement will be construed under the laws of the state of Texas,without regard to choice-of-law rules of any jurisdiction.Venue is in the county or counties in which the Easement Property is located. Counterparts 16. 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 17. 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 18. 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 19. This easement may be enforced by restraining orders and injunctions (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 20. 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 21. 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 herein. EXECUTED this day of Fb ru , 2019, at Friendswood, Texas. a-1'A 11 TOR( r r GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRIC By: BorokcL 1- . Dix.; ktl,r Its: Board President STATE OF TEXAS § § COUNTY OF GALVESTON § F.( tt-r,is,:iw-r . , �..,, BEFORE ME, the undersigned authority } io l i ''d'a' ersoriall a ',dared;$lake Y P Y PP,. Robertson, known or proved to me on the basis 4f.satisf„%ctoryjeviderice to beithe'person whose name is subscribed to the foregoing instrum bnt'afd a a4owledged to,meat:k /she executed the same for the purposes and consideration therein stated. GIVEN UNDER MY HAND and seal of office thi 4lf i ay of ti , 2019. """",, RHONOA L.SYKES 4�r!u'ay : tNotary Public,State of Texsa Notary Public,State of Texas s,�•., .,',} Comm.Expires 05-08-2020 °•.�OF `` Notary ID 4767434 amoa. STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared Lisa Robertson, 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 thi ''i ay of e., ,, 2019. ,a` RHONDA L.SYKES ; ij:ot; le : � 1� _� , '.ri Comm.Expires 06-08-2020 Notary Public,State of Texas �.,', Notary ID 4767434 ��nua STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME,the undersigned authority,on this day personally appeared 6..1 ,i, So0,,d,Pres:Aced-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. GIVEN UNDER MY HAND and seal of office thisthJay of\jo ro , 2019. 1)C.'4-- . Notary Pu lic, Sta e of xas Air) RHONDA I..SYKES Notary Public,St of7exss jComm.Expires 05-06.2020 r Notary ID 4767434 r► Ai Appendix Exhibit A PRO -SURV SURVEYING AND MAPPING EMAIL: orders@prosurv.Ket T.B.P.L.S. FIRM#10119300 P.O. 130X 1366 FRIENDSWOOD,TEXAS 77544 PHONE:281-996-1113 ©2019 PRO-SURV,ALL RIGHTS RESERVED 90'+/-DRAINAGE EASEMENT METES AND BOUNDS DESCRIPTION 0.6248 ACRE(27,216 SQ.FOOT) EASEMENT OUT OF CENTRAL PARK SUBDIVISION SARAH MCKISSICK OR J.R.WILLIAMS LEAGUE ABSTRACT 151 GALVESTON COUNTY,TEXAS A 90 FOOT WIDE DRAINAGE EASEMENT CONTAINING 0.6248 ACRE(27,217.5 SQUARE FEET)OF LAND,BEING OUT OF AND A PART OF A 12.15 ACRE TRACT OF LAND AS CONVEYED IN CLERK'S FILE NUMBER 2017003381,SAID 12.15 ACRES BEING OUT OF TRACTS"A"AND"B"OF THE DIVISION OF LOT 4,BLOCK 1,CENTRAL PARK SUBDIVISION IN THE SARAH MCKISSICK OR J.R.WILLIAMS LEAGUE,ABSTRACT 151,GALVESTON COUNTY,TEXAS, ACCORDING TO THE PLAT OF CENTRAL PARK SUBDIVISION RECORDED IN VOLUME 105,PAGE 151,IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY,TEXAS,SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A CAPPED 1/2 INCH IRON ROD FOUND IN THE SOUTH RIGHT-OF-WAY LINE OF WILDERNESS TRAIL,BASED ON A WIDTH OF 60.00 FEET,SAID POINT BEING THE NORTHWEST CORNER OF SAID 12.15 ACRE TRACT AND BEING THE NORTH CORNER OF WILDERNESS ESTATES SUBDIVISION AS RECORDED IN CLERK'S FILE NUMBER 2018016433 OF THE MAP RECORDS OF GALVESTON COUNTY,TEXAS, THENCE SOUTH 48°12'48"EAST,ALONG THE COMMON LINE OF SAID 12.15 ACRE TRACT AND WILDERNESS ESTATES SUBDIVISION,A DISTANCE OF 1,273.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 70°53'25"EAST,ACROSS SAID 12.15 ACRE TRACT,A DISTANCE OF 44.79 FEET TO AN ANGLE POINT, THENCE NORTH S0°58'10"EAST,A DISTANCE OF 28.86 FEET TO AN ANGLE POINT, THENCE NORTH 06°09'55"EAST,A DISTANCE OF 38.70 FEET TO AN ANGLE POINT, THENCE NORTH 24°02'59"WEST,A DISTANCE OF 65.32 FEET TO AN ANGLE POINT, THENCE NORTH 16°28'03"EAST,A DISTANCE OF 127.10 FEET TO A POINT IN THE NORTHEAST PROPERTY LINE OF SAID 12.15 ACRE TRACT, ALSO BEING THE SOUTHWEST LINE OF A CALLED 4.5480 ACRE TRACT AS CONVEYED IN CLERK'S FILE NUMBER 2016015842, THENCE,SOUTH 48°12'48"EAST,ALONG SAID COMMON LINE,A DISTANCE OF 99.56 FEET TO A POINT IN THE APPROXIMATE CENTER OF CHIGGER CREEK,SAID POINT BEING THE SHARED SOUTH CORNER OF SAID 4.5480 ACRE TRACT AND 12.15 ACRE TRACT AND BEING IN THE NORTHWEST LINE OF A CALLED 1.933 ACRE TRACT AS CONVEYED IN VOLUME 2119,PAGE 627 OF THE DEED RECORDS OF GALVESTON COUNTY,TEXAS, THENCE DOWNSTREAM ALONG AND WITH THE APPROXIMATE CENTER OF SAID CHIGGER CREEK,THE FOLLOWING FIVE COURSES: 1. SOUTH 16°28'03"WEST,A DISTANCE OF 51.30 FEET TO AN ANGLE POINT 2. SOUTH 24°02'59"EAST,A DISTANCE OF 56.40 FEET TO AN ANGLE POINT 3. SOUTH 06°09'55"WEST,A DISTANCE OF 100.10 FEET TO AN ANGLE POINT 4. SOUTH 50°58'10"WEST,A DISTANCE OF 81.76 FEET TO AN ANGLE POINT 5. SOUTH 70°53'25"WEST,A DISTANCE OF 10.51 FEET TO A POINT FOR CORNER,SAID POINT BEING THE SOUTHWEST CORNER OF SAID 12.15 ACRE TRACT,NORTHWEST CORNER OF SAID 1.9330 ACRE TRACT AND SOUTHEAST CORNER OF SAID WILDERNESS ESTATES ALSO BEING THE NORTHEAST CORNER OF A CALLED 4.491 ACRE TRACT AS CONVEYED IN VOLUME 2101,PAGE 78 OF THE DEED RECORDS OF GALVESTON COUNTY,TEXAS, THENCE NORTH 48°12'48"WEST,ALONG THE COMMON LINE OF SAID 12.15 ACRE TRACT AND WILDERNESS ESTATES SUBDIVISION,A DISTANCE OF 103.02 FEET,RETURNING TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND,AND CONTAINING 0.6248 ACRE(27,217.5 SQUARE FEET)OF LAND, SEE PROJECT 8 PS1810238 FOR DRAWING OF ABOVE DESCRIBED EASEMENT AS PREPARED BY PRO-SURV,LLC,P.O.BOX 1366,FRIENDSWOOD, TEXAS,77546,PHONE(281)996-1113. iA� %s E O F TF r < TOBY<.,UL COU HMAN > S SHEET 2 OF 2 2 m k� I o N W. IID • om z coo-�r� �.it/ n_•z- N = �J T Ea qf� 71 p y1, orb NDmz-1 om �� 3-LimrAg Lam. 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D Z m , c w r vDi.. m Oz2G1 N 1Z r 'J i., N .� n zOm�DD �ii ,' m n Do ov '� i D inN FILED AND RECORDED Instrument Number: 2019011551 Recording Fee: 58.00 Number Of Pages:10 Filing and Recording Date: 03/06/2019 1:36PM 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. raw � t � a \)\ ,..:\•••.:\,,..\0,„ , ck\,\"x4..t.,:-..:s.,, 4..... ,i,„ 'k Dwight D. uUi n, County nt Clerk� o `,� a"'*1- Ga ,e t n County, Ie. as V DO NOT DESTROY - Warning, this document is part of the Official Public Record.