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Home My WebLink AboutDrainage Easement - Cowards Creek - GCCDD - Peter Okose SAC 20050100718 Ns DRAINAGE EASEMENT GRANTOR: Peter Okose GRANTOR'S MAILING ADDRESS: 1007 Cowards Creek Drive GRANTEE: GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT, a Texas conservation and reclamation district GRANTEE ADDRESS: 1605 Whitaker Dr., Galveston County, Fnendswood, Texas, 77546 PROPERTY CONVEYED: Zo( en y) \ O Easement Area. 8,594 38 square feet being a/foot wide (meas d from top of bank) drainage and maintenance easement being more particularly described by metes and bounds on Exhibit A attached hereto and made part hereof for all purposes. EXCEPTIONS TO CONVEYANCE AND WARRANTY: All presently recorded and validly existing easements, rights-of-way, and prescriptive rights, all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; and any encroachments or overlapping improvements It is hereby understood, and by the acceptance of this instrument it is recognized, that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in an under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof owned or controlled by GRANTOR for the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none such operations shall be conducted so nears the surface of said easement as to interfere with the intended use thereof or in any way interfere with, jeopardize or endanger the drainage improvements or related facilities of GRANTEE or create a hazard to the public users thereof. The easement hereby granted for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, shall include, by way of description only and not by way of limitation, the right: (1) to bring upon such easement area and to operate thereon machinery and equipment to efficiently prosecute GRANTEE'S work, and (2) to do any and all things, including removing all obstructions in the easement area, and to conduct any and all activities incidental to GRANTEE'S rights hereunder, generally. ORIGINAL GRANTEE shall exercise reasonable discretion in all matters concerning or relating to the design, construction, operation, maintenance, repair, removal, and configuration of any drainage improvement or related facility belonging to GRANTEE made the subject of this easement. GRANTEE'S right hereunder may also be exercised, at GRANTEE'S option, by GRANTEE'S contractors Except for damages occasioned by GRANTEE'S sole or gross negligence or intentional misconduct for which GRANTEE shall remain liable subject to the provisions of Texas Law and the Texas Tort Claims Act GRANTEE, its officers, agents, employees, successors and assigns are hereby released and relieved from any and all liability including but not limited to costs, expenses, and attorney's fees for any damages occasioned by and in reasonable exercise of its rights granted herein and hereunder. The foregoing notwithstanding, in the event GRANTEE, or its agents and employees, in exercising the easements rights granted by this instrument, through no fault of GRANTOR, disturbs or otherwise damages any portion of the remaining property or improvements thereto, GRANTEE shall within a reasonable time period, restore and repair such damages, including without limitation, landscaping, grasses, curbs; asphalt and concrete paving, as nearly as practicable, to their prior condition. TO HAVE AND TO HOLD perpetually, the above described property and easement for said purposes, together with all the nghts and appurtenances thereto, in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever. GRANTOR does hereby agree, bind, and obligate itself, its successors, and assigns that no buildings shall be placed in a location which is in, on, over, across, upon or along said easement GRANTOR does hereby bind and obligate itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the above described easement and easement area unto GRANTEE, its officers, agents, employees, successors and assigns, against every person whomsoever claiming of to claim the same, or any part thereof, except as to the exceptions to conveyance and warranty stated herein. The terms, provision and obligations hereof shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee, their respective officers, agents, employees, successors, and assigns. Executed this day of Fat , 2005 GRANTOR: By. .7 � — Peter Okose THE STATE OF TEXAS § COUNTY OF Galveston § BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared Peter Okose known to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that the executed same for the purposes and considerations therein expressed. '' // ��" GIVEN UNDER MY HAND AND SEAL OF OFFICE,this `T day of-Q011.00 , 2005. A,"r ANNETTE M.MAOER afitijksi W � GZ(tfil taw ,yp„�, ,,�„„ Notary Public in and for R001N�M0"�"' The State of Texas 4 NOV. , Printed Name: A n()AL M horda After recording,please return to: Les Rumburg P�A1En) General Manager Galveston County Consolidated Drainage District 1605 Whitaker Dr. Friendswood,Texas 77546 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 0.1973 ACRE OUT OF THE SUBDIVISION OF BLOCK"F"AND "G" CENTRAL PARK SUBDIVISION IN THE SARAH MC KISSICK SURVEY,ABSTRACT— 151 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 0.1973 acre out of the Subdivision of Block "F" and "G", Central Park Subdivision according to the plat thereof filed in Volume 231, Page 604 Galveston County Deed Records in the Sarah McKissick League,Abstract— 151,Friendswood,Galveston County,Texas and being out of that certain tract described in a deed dated 05-28-1993 from Larry E. Bell, et ux to Peter Okose, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 93-22583, Film Code Number 008-94-2105 and being more particularly described by metes and bounds as follows(bearings based on the northeast line of Tract 9,Block "G", Central Park Subdivision according to the plat thereof as filed in Volume 105, Page 151 Galveston County Deed Records to be N 45° 00' 00"E); Commencing at a found 1/2" iron rod located on the south right-of-way line of Cowart's Creek Drive (60' wide) and marking the northeast corner of said Okose tract and the northwest corner of that certain tract described in a deed dated 08-29-1990 from John E. Leverton, et ux to Elias A. Scoulios, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 90-29667, Film Code Number 007-16-2463; Thence S 06° 16' 15" W — 226.01' with the common easterly line of said Okose tract and the westerly line of said Scoulios tract to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the POINT OF BEGINNING of herein described tract 1. Thence S 06° 16' 15" W — 52.45' continuing with said common line to a point in the centerline of Cowart Creek; 2. Thence the following 5 courses with the meanders of the centerline of Cowart Creek; 3. Thence S 80° 38' 56"W—5.50' to a point for corner; 4. Thence S 75°22' 53" W—36.16' to a point for corner; 5. Thence N 87° 06' 08"W—53.37' to a point for corner; 6. Thence N 72° 59' 30"W—54.44' to a point for corner, 7. Thence S 81° 08' 00"W—24.26' to a point for corner; 8. Thence N 06° 35' 18" W—49.93' with the common westerly line of said Okose tract and the easterly line of that certain tract described in a deed dated 09-26-1991 from Kenneth R. Castleman, et ux to Igantius Leonards, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 91-34938, Film Code Number 007-77-2218 to a set 5/8"iron rod with cap(stamped C.L. DAVIS-RPLS 4464)for corner; 11-434 01973 ave drainage esmt M&B • 9. Thence S 86° 50' 34"E—27.81' to a set 5/8"iron rod with cap(stamped C.L. DAVIS-RPLS 4464)for corner; 10. Thence S 81° 19' 37"E—33.14' to a set 5/8" iron rod with cap(stamped C.L. DAVIS-RPLS 4464) for corner; 11. Thence S 77° 07' 56" E—42.54' to a set 5/8" iron rod with cap(stamped C.L. DAVIS-RPLS 4464) for corner; 12. Thence N 84° 42' 10"E—22.51' to a set 5/8" iron rod with cap(stamped C.L. DAVIS-RPLS 4464) for corner; 13. Thence N 78°27' 39"E—57.95' to the POINT OF BEGINNING and containing 0.1973 acre (8,593 square feet)of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis&Company Job Number: 11-421-34 0.1973 acre drainage esmt M&B.doc 01-31-2005 11434 0.1973 acre drainage esmt MM ill IIIIE. le 4 g • 4 ? i 1 - \ �, , �% Bps 1 , JN g" 4 \*4.4 / \ S 1 / i \\ k '• n r /I J; /'1L' eti/0 C FitLN z . g ,N :S L .1(t iiie 1 94 1 ti . lc/ i\r„,,1 L `\„ � �i .2 1. ♦ V*;4t4 _ II SV• N • =5 : x A1/41/4.\, ----- -----,AV : - < c • 0 lk: Pi :---iiINII .,: l I laAl I \ ` IV Y O 8 O I •a"EA•a73.6■iA^•F®i w � 1 TI IIa a g n A I • rte ? N, i �.. a c gg o‘ A I ii IX € >1 lc- •: s arreas Y 22601 4 / uwAttr.4 ritiu“22 / n _ __ m43 08 � r: yNypNpo,y ZyNNOI $iI„ v 5% X 48l58Cg.i4 , ,"o *i*****mmmmm ga _A M ills • isiflt 'rr , -i. Mr§n mi ! I 'off r " %'. o id z= 1 .- — eor, / l Q o - it d1 2 bi g n=pig. %1 1- 5 9 1 * ,7 1 itv >I14 k Q E a $l / i m i FILED ND REIRDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 2005 FEB 16 11:36 AM 2005010071 JOHNS $26.00 Harp Ann Daigle ,COUNTY CLERK 6ALVESTON, TEXAS