No preview available
HomeMy WebLinkAboutDeed - Cowards Creek - Clear Creek Drainage District - Sherry German South Land Tile Co. SAC 200301900510 P9s r9 E Parkwood 281.998-8839 Frlendewood,TX 77548 PECORDING- i ,^ur[.^; t-'Li.lci ; ;;sup.DEED IN LIEU OF CONDEMNATION 018—2 6_ 1101 4 ;rLEC, A,CiNAT!ONFEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That Sherry German, of Galveston County, Texas, hereafter called "Grantor," for good and valuable consideration, receipt of which is acknowledged, does GRANT and CONVEY to Clear Creek Drainage Distnct of Galveston County, located in the County of Galveston, State of Texas, its successors and assigns, hereafter called "Grantee," an easement (the "easement") fifty (50) feet in width to construct and maintain facilities for drainage, in the location described in Exhibit "A," which is attached and incorporated Grantor further grants the right of ingress and egress to and from the land conveyed for any purpose necessary and incident to the exercise by Grantee of the nghts granted by this agreement Grantor retains to itself, its successors, tenants, sub-tenants, agents, and licensees, the nght to use and enjoy all of the easement, provided, however, Grantor shall not exercise such use and enjoyment in a manner that will interfere with the rights granted Any structure including fences shall not be erected in or across the easement which will inhibit the free flow of water, or access to the easement by drainage crews or equipment This Agreement is subject to any prior existing easements, leases, or other agreements affecting the easement and Grantor's adjacent properties, including without limitation, any matters of record in the Official Real Property Records of Galveston County, Texas TO HAVE AND TO HOLD said easement perpetually to the said Grantee, and Grantee's successors and assigns, subject, however, to automatic termination, extinguishment, and 018 -26 - 1102 reversion to Grantor in the event Grantee should ever abandon and cease to use the easement for drainage purposes IN WITNESS WHEREOF, this instrument was executed on the r) 5 day of K)OUCh-, bQR , 2002 GRANTOR I Sherry&erman Date 3 1.2 S/ 0 3 GRANTEE Clear Creek Drainage Di tract of Galveston County By Its Date ;/- 2j- Zco7. Page 2 018-26 - 1103 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF GALVESTON /h BEFORE ME, the undersigned authority, on i44 Qe# LS' , 2002, personally appeared Sherry German, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration herein expressed, in the capacity herein stated, and as the [act and /�deed of s d Sherry German == o- Nnh P ,;; Piste o(Texas Notary Public in and for the State of TEXAS N �,i MY Commission Expires 12-14-04 THE STATE OF TEXAS COUNTY OF GALVESTON ail? BEF RE , the signed authority, on //00 iS , 2002. personally appeared (of Clear Creek Drainage District of Galves on County own to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purposes and consideration herein expressed, in the capacity herein stated, and as the act and deed of said Clear Creek Drainage District of Galveston County 9Notary l. • .ic in and for the State of TEXAS ViRG Public, H. CALK *' Notary Public,State e of Texas My Commission Expires or tt Fsbrw N 18,21)04 pa.,.,q,.4.,....nr,,,s+r+r1,11tWeA t ' ,. Pstwuy,-L., .. C- cc 0D ?. 0. clog. (00 7 Lo oo& ;-C %. v-7 5'14 Page 3 018-26- 1104 COMPROMISE AND SETTLEMENT AGREEMENT AND FULL AND COMPLETE RELEASE This is g Compromise and Settlement Agreement ("Agreement") entered into between the Parties, Sherry German and Clear Creek Drainage District. RECITALS 1 There is now pending the following suit No 98CV0779, Sherry J. German v. Clear Creek Drainage District - In the 122nd Judicial District Court of Galveston County ("the underlying lawsuit") 2. In order to avoid the continuing expense and uncertainties of continued litigation, the Parties have agreed to compromise and settle all Issues and claims between these Parties and related persons or entities which have been or could have been raised in the underlying lawsuit RELEASE,AGREEMENTS AND REPRESENTATIONS NOW, THEREFORE, in consideration of the recital set forth above, Sherry German and Clear Creek Drainage District enter into the following Agreement, and make the following releases and representations. 1 Sherry German has previously conveyed to the Clear Creek Drainage District, by a Deed in Lieu of Condemnation, interest to 7,745 square feet out of Tract 9, Lot 2, Block "G", Central Park Subdivision,Friendswood,Galveston County,Texas, as more particularly described in a Deed in Lieu of Condemnation and the metes and bound description of the property. The conveyance of such property is at no cost to the Clear Creek Drainage District. The square footage is the sum of a unit of 6400 square feet(encompassed by the lines L6. L7, L8, a portion of L5 and of L4, and the top of bank line as shown on the 6-22-1999 survey) and a unit of 1345 square feet (encompassed by the lines LI, L2, L3, a portion of L5 and a portion of L4, and the top of bank line as shown on the 6-22-1999 survey) 1 t4VVJ • • 018-26 - 1105 2. Clear Creek Drainage District agrees to pay FIFTY TWO THOUSAND DOLLARS ($52,000.00) to Sherry German and her attorney of record, Steve Schechter. Such payment is allocated to the alleged damages to the remainder of Sherry German's property as described in the pleadings in the underlying suit, and for any landscaping or other remediation efforts 3 In consideration of the previously executed Deed in Lieu of Condemnation,the mutual promises contained in this agreement, the consideration set forth above and for other good and valuable consideration,the receipt of which is acknowledged, Sherry German, acting for herself, assigns, attorneys, agents, shareholders, and legal representatives, has released and by this Agreement does hereby release, acquit, and forever discharge Clear Creek Drainage District and its respective predecessors, successors, affiliates and other related entities, officers, supervisors, legal representatives, agents, employees, attorneys, and assigns, of and from any and all claims, demands, causes of action, damages, and expenses of every kind and character, which have been or could have been asserted in the underlying lawsuit,whether known or unknown, which may in any manner arise directly or indirectly out of the incidents or events made the basis of the suit, as more particularly but not fully described by the pleadings on file in the underlying suit, or relating to that certain tract described in a deed dated 2-09-1993 from Ralph Casperson to Sherry German Casperson as filed in the Official Records of Real Property of Galveston County at Clerk's File Number 9306611 Film Code Number 008-72-2458. In further consideration of the mutual promises contained in the agreement, Clear Creek Drainage District at its expense agrees to make reasonable preservation efforts to protect from further damage the 24" Oak tree shown in segment L2 on the Proposed Drainage R/W Survey dated 6-22-1999, a copy of which is attached to this agreement. Clear Creek Drainage District will begin these efforts within ten days of the execution of this agreement. It is expressly understood, however, by the Parties that Clear Creek Drainage District cannot and does not 39971 Page 2 018-26 - 1106 warrant or promise that it can save the 24" Oak tree by reasonable preservation efforts, and no representation has been made otherwise. 'In further consideration of the mutual promises made in the agreement, Clear Creek Drainage District agrees that if the "frame shed" shown on the survey dated 6-22-1999 must be replaced because additional footage is taken in excess of the 50' drainage right of way more particularly described in a Deed in Lieu of Condemnation and the metes and bound description of the property, Clear Creek Drainage District will pay for such frame shed the sum of$4,637.43 as liquidated damages and not as a penalty. 4. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals, that the agreements and the consideration are to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no releases or consideration given shall be construed as an admission of liability, all liability being expressly denied. 5. It is further understood and agreed that this Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and those persons and entities referenced in paragraph 2 of the Agreement. 6. It is further understood and agreed that this Agreement contains the entire agreement between the Parties and supersedes all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements,promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. 7. Sherry German understands,agrees,and warrants that neither she nor anyone claiming by,through or under her will ever have the right to file a suit or claim for any money or any other benefits of any kind against the person and entities release in paragraph 2 as a result of the incidents,matters,claims,causes of action and things made the subject of the underlying lawsuit. 1g1uur 018-26- 1107 8. Sherry German represents that she, together with her attorneys of record, owns the entire interest in the claims and causes of action made the subject of the underlying lawsuit and described in this agreement. Sherry German further represents that she has not assigned, pledged, conveyed, or transferred any right, title, interest, or claim which she has, or may have, by reason of the incidents, matters and things made the subject of the underlying lawsuit to anyone, except for assignment of an interest in her claim to her attorneys of record Sherry German further warrants that she has, prior to the execution of this Agreement, obtained and acted on the advice and consent of her attorney to execute this Agreement with the understanding that the execution by her will constitute a full and final release of that portion of her claim assigned to her attorneys of record as well as that portion retained by her. FOR THE SAME CONSIDERATION ABOVE GIVEN BY, SHERRY GERMAN DOES EXPRESSLY AGREE TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS CLEAR CREEK DRAINAGE DISTRICT AND ALL OTHER PERSONS AND ENTITIES REFERENCED IN PARAGRAPH 2 OF THE AGREEMENT FROM ANY FURTHER ALLEGED LIABILITY OF ANY KIND OR CHARACTER RESULTING FROM ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE INCIDENTS, MATTERS AND THINGS MADE THE SUBJECT OF THE UNDERLYING LAWSUIT AND DESCRIBED IN THIS AGREEMENT, AND THAT IS ASSERTED BY ANYONE TO WHOM SHERRY GERMAN HAS ASSIGNED, PLEDGED, CONVEYED OR TRANSFERRED ANY OF HER RIGHTS, TITLES, INTERESTS OR CLAIMS. 39971 Page 4 • O18-26- 1108 9. It is understood and agreed that this Agreement shall be governed by, construed and enforced in accordance with the law of the State of Texas. i 10. Each person signing this Agreement on behalf of a party warrants and expressly covenants that he or she is authorized to bind that party to this Agreement 11. It is understood and agreed that this Agreement may be executed in counterparts, each of which shall be deemed an original for all purposes 12. The waiver by any party of a breach of any provision shall not operate or be construed as a waiver of any subsequent breach by any party. 13. 1f, at any time after the effective date of this Agreement, any provision of this Agreement shall be held to be illegal,void or unenforceable by a court of competent jurisdiction, that provision shall be of no force and effect. However, the illegality or unenforceability of such provision shall have no effect on, and shall not impair the enforceability of, any other provision of this Agreement 14. This Agreement has been prepared by the joint efforts of the respective attorneys for each of the Parties and should not be construed against any of the Parties based on which party prepared the Agreement 1N WITNESS WHEREOF,the releasing party Sherry German has signed effective as of the /0 day of "l 4..40ih 'APS Sherry German Y�9nti � ^e eel/x �"— Date: Thi ,o o20cxi 39971 Page 5 • EXHIBIT A 018 -2 6 - 110 9 METES AND BOUND DESCRIPTION 7,745 SQUARE FEET OUT OF TRACT 9, LOT 2, BLOCK"G" CENTRAL PARK SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 7,745 square feet out of Tract 9, Lot 2, Block "G", Central Park Subdivision according to the plat thereof filed in Volume 231, Page 604 Galveston County Map Records, Friendswood, Galveston County, Texas and being a portion of that certain tract described in a deed dated 2-09-1993 from John Ralph Casperson to Sherry German Casperson as filed in Official Records of Real Property of Galveston County at Clerk's File Number 9306611 Film Code Number 008-72-2458 and being more particularly described by metes and bounds as follows; Commencing at a found 1/2" iron rod marking the intersection of the northwesterly right-of- way line of Cowards Creek Court (50' wide) and the southwesterly right-of-way line of Greenbriar Drive (70'wide); Thence N 45° 00' 00"W — 207.96'with the southwesterly right-of- way line of said Greenbriar Drive to a set 5/8" iron rod with cap marking the POINT OF BEGINNING of herein described tract; Thence S 55° 47' 18"W — 61.41' to a set 5/8"iron rod with cap for corner; Thence S 79° 26' 24"W — 52.09' to a set 5/8"iron rod with cap for corner; Thence S 58° 37' 35"W —41.39' to a set 5/8"iron rod with cap for corner; Thence N 45° 00'00"W— 51.45'with the southwesterly line of said Casperson Tract to a point in the centerline of Coward's Creek; Thence the following three (3) courses with the centerline of Coward's Creek; Thence N 58° 37' 35" E — 62.69'to a point for corner; Thence N 79° 26' 24" E — 50.80'to a point for corner; Thence N 55° 47' i8"E-41.42'to a pant for corner; Thence S 45° 00' 00" E — 50.90' with the southwesterly right-of-way line of said Greenbriar Drive to the POINT OF BEGINNING and containing 7,745 square feet of land more or less. Compiled by: C.L. Davis &Company Number:Job 11-434-German 06/22/99 KtyFo-i9� * C.L. DAVIS •eo 4464 11-43 -german Meb.doc S U qV.. a . FILED AND WEB OFFICIAL PUBLIC RECORDS OF REAL PROPERTY I11 .earota 018-26- 1110 2003 MA RD 3a 111232 AM 2003019805 9805 arAnnA 1SeM SCEK