HomeMy WebLinkAboutEasement - Chigger Creek - Clear Creek Drainage District - the Jacobs J b682 008-41 -2577 ''':I''I.4' 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\ < \ N' v\AG\t�A pc Cek 5�°dos"as MARTHA K. JACOBS 379eCCDD212.BI -2- • t • 5. _ . _ -- -a. ::: ._ d..._�i 4c.._tea.. "5:v ,,_, .r • 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. i r e Nota Pu i an or the V1RG1N1A H.C� 21: *). 1Y,t Y43'� tate of Texas .'. S...1.%.at Tres g. " 379zCCDD212.BI -3- 1" i 1. 4 I . " r ✓��4 • • 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. �� a o C, i 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 } r . . LO:d r'f 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 `7 ' . . . . '. ` � x. . ,i4 i tke,•k' ,rYt't �I liat ' • C� m., SYa . . , ..;� . `A.A .1, 1 '+. . 4 s,V,. trrtN Yr • 1 ., p8f ` _ 1 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. .60UNaYRT 1 A=WEN!YT 6UPNNIDNON ON THE�t0i=IN *.. 1, k �T�' VCt�L71Na0� :T ,..{ �...enevm.fR tlID OOa'RQ[ly$ � ___.;. Y , m h 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