HomeMy WebLinkAboutEasement - Chigger Creek - Clear Creek Drainage District - the Jacobs J b682
008-41 -2577
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EASEMENT AGREEMENT
WHEREAS, the Clear Creek Drainage District of Galveston
County, formerly known as the Friendswood Drainage District of
Galveston County (the "District") was granted a drainage easement
(the "Easement") in the plat of Regency Estates, a subdivision in )
Galveston County, Texas, recorded at Volume 15, Page 181 of the
i
Map Records of Galveston County (the "Plat") ; and
WHEREAS, the Easement covers a portion of Lot 2, Block 8 of
Regency Estates, and said Lot 2, Block 8 is owned by Robert S.
Jacobs and wife, Martha K. Jacobs (the "Jacobs") ; and
WHEREAS, the District and the Jacobs desire to change the
boundaries of the Easement, involving a release of the Easements ,.
over certain property and the grant of an easement over other k1
r
property;
NOW, THEREFORE, in consideration of the foregoing recitals,
and for other good and valuable consideration, the receipt and !
sufficiency of which are hereby acknowledged, the District and
the Jacobs agree as follows: •''
,r
1) The District hereby releases, abandons and forever
discharges its easement upon and across the property described in Ia,:'
the attached Exhibit
,� "A", which is incorporated herein by i±4'
reference for all purposes.
2) The Jacobs hereby grant and convey to the District a
perpetual easement and right-of-way for the purpose of building
and maintaining drainage improvements, and for all of the . .:
purposes of the Easement as reflected in the Plat, upon and i '
RECORDER'S MEMORANDUM:
At the time of recordation,this Instrument
was found to be Inadequate for the best
photographic reproduction because of II-
legibility,carbon or photo copy,discolored
paper, etc. All blockouts, additions and
changes were present at the time the instru- .,
ment was filed and recorded.
4: '
is
008-41 -2578
across the property described in the attached Exhibit "B", which
is incorporated herein by reference for all purposes.
The Jacobs further bind themselves, their heirs, legal
representatives, and assigns to warrant and forever defend the
above-described easement and rights unto the District, its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or
under the Jacobs, but not otherwise.
• IN WITNESS WHEREOF, this instrument is executed this 10th
day of SEPTEMBER , 1992.
THE CLEAR CREEK DRAINAGE DISTRICT OF
GALVESTON COUNTY
By:
CHARLES HOOKS
President, Board of Supervisors f `
Z‘1772414e-all
ROBERT S. JA eBS\ <
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v\AG\t�A pc Cek
5�°dos"as MARTHA K. JACOBS
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• 008-41 -2579
THE STATE OF TEXAS S
S
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the lath day
of SEPTEMBER , 1992, by VIRGINIA H. CALK of
CLEAR CREEK DRAINAGE DISTRICT , a
Texas non-profit corporation, on behalf of-said corporation.
,,o4(/.?_//.!../X:1_
' .44 VIRGINIA H. CALK r 6 �
Notary Pat No Public in and for the
• /� State of Toms State of Texas
",h a�,• won FxOYos 1249-95
THE STATE OF TEXAS §
§
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the /O4;4- day
of , 1992, by Robert S. Jacobs, Grantee.
t
140tary Puisin ati, Rati /yocax- A
1• •: 1 toto fa TOW
�t2.1e95 Nottt. Public in and for the t
� r` °^ State of Texas
y.
THE STATE OF TEXAS S ,
§
COUNTY OF GALVESTON § -'
is ins rument was acknowledged before me on the /0 day
of &? , 1992, by Martha K. Jacobs, Grantee.
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Nota Pu i an or the
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1Y,t Y43'� tate of Texas .'. S...1.%.at Tres
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EXHIBIT "A" - 008_41 _2580
DESCRIPTION
Of 0.0232 acres of land out of Lot 2, Block 8 of Regency Estates,
Section Four, as recorded in Volume 15, Page 181 of the Map
Records of Galveston County, Texas, and being situated in the
Sarah McKissick Survey, Abstract No. 151, Galveston County,
Texas, said 0.0232 acres of land being more particularly de-
scribed by metes and bounds as follows: (Bearings basedDoninthe
proposed alignment of Chigger Creek by Clear
District. )
COMMENCING at a point for the north corner of said Lot 2, and the
e insthelsouthwestof Lot 3 f Right-Of-WayaldinelofkWindsordWayoint l
so
(based
being on
a 60.00 foot wide Right-Of-Way);
THENCE South 43'31'47" West along the common line of said Lots 2
and 3, a OFstance of BEGINNINGlof,73 thefeet to a 5/8 herein describedh iron tract;rod set for
the PLACE1
THENCE South 50'21'43" East a distance of 35.85 feet to a 5/8
inch iron rod set for corner;
THENCE South 03'07' 41" West a distance of 38.48 feet to a 5/8
inch iron rod found for corner;
THENCE North 35'27'01" West a distance of 61.85 feet to a 5/8
inch iron rod set for corner in the northwesterly line of said
Lot 2;
THENCE North 43'31'47" East along the northwesterly line of said
Lot 2 a distance of 15.05 feet to the PLACE OF BEGINNING of the
herein described tract and containing within these calls 1,011
square feet or 0.0232 acres of land.
WITNESS MY HAND AND SEAL THIS THE 11TH DAYVISEDOF AUGUST, 1992.
�ait'� �Q�GOTF'9•
HILLY R. FOSTER •F ,"' FO'� N.
Registered Professional Land Surveyor No. 1609 BILLYR.FOSTER r,
�:9 1609 v'
BILLY R. FOSTER & ASSOCIATES SURVEYING, INC. �9 :6(39 ��OQ'
3425 Federal Street 444F0- ..f ,
Pasadena, Texas 77504
Phone No. : (713) 941-0070
Job No. : 90024
WS5/92FILES/90024C
EXHIBIT "A" BILLY R. FOSTER
AIsID
FEDERAL ASSOCIATES
STREET SURVEYING, INC. 0 0 8-4 1 -2 5 8 I
3425PASADENA, TEXAS 77504 • • ® • .
. PHONE: (713) 941-0070
FAX PHONE: (713) 941-5948
40 0 40 00 — 120 Feet 4 ' ® • V
PLACE OF •
-
COMMENCING Wf D5oR
-- — — — — — -- — — —1 --
• i
ti(0~
Q;.
"-% .
LOT 3
LOT 2 S ' i `
' .4,c. I
�-' 5
0 43\ % G� BLOCK 8
GG�ti¢� �, �5
'� mod, 4.
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4' I
REMAINDER
i 1. 4. ' ; LOT 1
I
1
I �
PLACE OF - , N
BEGINNING I 'g�¢� S 50'21'43" E -- 35.85' `n
h
N 43'31'47" E ` SET 6/13' 1.R.
15.05' -- 0.0232 ACRES -- S 03'07'41"i W - 38.'I8' 4-1 {.,
OR }r,
SET 6/S' I.R. 1,011 SQ. PT.
• FND. 6/B. I.R. a,.
_- rt
1 I r;
•
N 35'27'01" Wi el.
• 61.85' i 7'
`\ I •
�__.
NOTES:
I.) NO DLPRVEMENTS SHOWN AT THE REQUEST \
OP THE CLIENT. \
21 NO TITLE REPORT FURNISHED AT THE TIME OF
1S SURVEY. SUBJECT TO ANY EASEMENTS OF RECORD.
WE SUGGEST A TITLE SEARCH. \
BILLY R. FOSTER. DO HEREBY CERTIFY THIS PLAT CORRECTLY REPRESENTS A '
I, .�
BOUNDARY SURVEY MADE UNDER MY SUPERVISION ON THE GROUND, IN ACCCORDANCE SURVEY
writ THE INFORMATIONS PROVIDED ME AND CORRECTLY REPRESENTS THE PACTS AS
FOUND AT THE TIME OF THIS SURVEY. THERE ARE NO ENCROACHMENTS EXCEPT AS OF 0.0232 ACRES OF LAND
SHOWN HEREON.
WITNESS MY HAND AND SEAL THIS THE 11TH DAY OF AUGU OUT OF LOT 3, BLOCK 8,
Ra✓isED.906./8,i9f� . ..9F 'F REGENCY ESTATES, SECTION 4,
,`Pi,,*, 4 F� �q� AS RECORDED IN VOLUME 15,
• �'Q9x4 �.. PAGE 181, OF THE MAP
_ B!LLY R.FOSTER RECORDS OF GALVESTON
R FO
1609 COUNTY, TEXAS
REGISTERED PR NAL LAND SURVEYOR NO. 1804
�q90R ,-OtaQ''Q
y4„'Fs.;ly yo
UR FILE NO. 90024C-14 }
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EXHIBIT "B" G08-41 -2582 •
DESCRIPTION
Of 0.0403 acres of land out of Lot 2, Block 8 of Regency Estates,
Section Four, as recorded in Volume 15, Page 181 of the Map
•
Records of Galveston County, Texas, and being situated in the
Sarah McKissick Survey, Abstract No. 151, Galveston County,
Texas, said 0.0403 acres of land being more particularly de-
scribed by metes and bounds as follows: (Bearings based on the
proposed alignment of Chigger Creek by Clear Creek Drainage
District. )
COMMENCING at a point for the most easterly corner of said Lot 2,
and the most northerly corner of Lot 1 of said Block 8, said
•
point also being in the southwest Right-Of-Way line of Windsor
Way (based on a 60.00 foot wide Right-Of-Way);
THENCE South 43.31'47" West along the common line of said Lots 1
and 2, a distance of 228.05 feet to a 5/8 inch iron rod set for
the PLACE OF BEGINNING of the herein described tract;
THENCE South 43'31' 47" West continuing along said common line, a
distance of 59.22 feet to a 5/8 inch iron rod set for corner;
THENCE North 03'07' 41" East a distance of 91.48 feet to a 5/8
inch iron rod set for corner;
THENCE South 36'28'43" East a distance of 60.21 feet to the PLACE
OF BEGINNING of the herein described tract and containing within
these calls 1,756 square feet or 0.0403 acres of land.
WITNESS MY HAND AND SEAL THIS THE 25TH DAY OFENOVEMBE , 1991.
"(2--
BILL . FOSTER �G�STFRF:9S
Registered Professional Land Surveyor No. 1609 iv,;P * •
o.
BILLY R.FOSTER
BILLY R. FOSTER & ASSOCIATES SURVEYING, INC. ':� 809 `O
.'
3425 Federal Street < ' Ess\..•..
Pasadena, Texas 77504 'o SON
c
Phone No. : (713) 941-0070
Job No. : 90024
WS5/91FILES/90024B
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EXHIBIT;°B"- H 1) ' ,M ,' L, ,"0 �
� N
_ /NOSi e r tl 8-4 ? -2 5 8.3
(60' R.O.W.) 'P.O.Ci,.
4
�,, bc BLOCK 8
� 0'
�G `GS; e �
i
G�,� g•o REMAINDER l
� . �•LOT 2 . • 1
'Z' G in o
44` c
_1 v
\\ S 36°28'43" E - 60.21' F+ '
/—�ll/ •a.
- SET 5j" I.R. P.O.B. 1 \:
y'-
•
• SET 5/8" I.R.
rea = 1756 Sq. Ft. �;,
0.0403 Acres
S.s
N 03°07'41" E - 91.48'
S 43°31'47" W - 59.22
• SET 5/8" I.R. ,
PROPOSED °
CENTERLINE \ ( 7
CHIGGER CREEK
\ _.-4::,
EXISTING
DRAINAGE
EASEMENT:
\
•
CENTERLINE .-
• CHIGGER CREEK SURVEY
OF 0.0403 ACRES. OF LAND'.
OUT OF LOT 2, BLOCK 8,
REGENCY ESTATES,• SECTION„41-;:. I,;
AS RECORDED IN VOLUME,15.E 4
PAGE 181, OF TFIE;MAP•'� ; •
RECORDS T' -G"A4'M'";g''S''1‘T'':,`,O',''4:
'', ¢ i
p`j't COUN 1'XASH
LL Batt a meter w NET caxmT.a®PM aoMttt .•'pIST '99 1 r .. , 1z.
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008-41 -2584
tR�
#.'i.
(713)482-0404
CLEAR CREEK DRAINAGE DISTRICT
Melvin L. Whitaker P.O. Box 607
Superintendent Friendswood. TX 77546
C '
STATE OF TEXAS COUNTY OF GALVESTON
I hereby certify that this instrument was filed
t E r 0 RD on the date and time stamped hereon by me and
FILED r�' was duly recorded in the Official Public Records
of Real Property of Galveston County Texas,on
92 SEP I I AN 8: 149 SEP 1 1 1992
fn .L c COUNTY CLERK
GAO's!jut.( :"�r It `farm GALVESTON CO.,TEXAS