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Home My WebLink AboutDrainage Easement - Cowards Creek - GCCDD - Randy K Ellis and Selena G Ellis RC 2005010072 8 pgs DRAINAGE EASEMENT GRANTOR: Randy K Ellis and Selena G Ellis GRANTOR'S MAILING ADDRESS: 1105 Cowards Creek Drive GRANTEE: GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT, a Texas conservation and reclamation district GRANTEE ADDRESS: 1605 Whitaker Dr, Galveston County, Friends od, Texas, 77546 PROPERTY CONVEYED: 20 (lwe 4 y) C, Easement Area 21,178.87 square feet being a /foot wide (measured 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 nght 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 nghts 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 descnbed 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 `0 day ofOQi/.44.92 , 2005 GRANTOR: By' By any { Selena G Ellis THE STATE OF TEXAS § COUNTY OF Galveston § § BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared Randy K Ellis and Selena G Ellis 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 /0 day of Uken, 2005. " 10 BTEPHANIE RIENEE REUTER] / ' I�/ / t� ; ��,�� MY COMMISSION EXPIRES LUAU; APRIL 18,2007 ‘• f a Notary Pus in and for The State • >TexasSki -- Printed Name- LAC, IRCYtCt `kz After recording, please return�� to: Les Rumburg pw"rs General Manager Galveston County Consolidated Drainage District 1605 Whitaker Dr. Friendswood,Texas 77546 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 0.4862 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 0.4862 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 Survey, Abstract— 151, Friendswood, Galveston County, Texas and being out of that certain tract described in a deed dated 06-06-1977 from Jack Robert Lousma, et ux to W. C. Veale and Mickie S. Veale as filed in Book 2847, Page 292 Galveston County Deed Records, 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 set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) located on the south right-of-way line of Coward's Creek Drive (60' wide) and marking the common northeast corner of that certain tract described in a deed dated 02-28-1991 from Stephen W.Naeve, et al to Sun Yun Hong, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 91-07053, Film Code Number 007-42-1643 and the northwest comer of said Veale tract; Thence S 35° 47' 33" E— 233.98' with the easterly line of said Hong tract and the westerly line of said Veale tract to a found disc stamped "N Cor. Amoco Production Company 4.976 ac", for corner; Thence S 44° 48' 19"E —255.00' continuing with the westerly line of said Veale tract to a found disc stamped "E Cor. Amoco Production Company 4.976 ac" marking the east comer of that certain tract described in a deed dated 05-19-1999 from Apache Corporation to Tri-Union Development corporation as filed in Official Records of Real Property of Galveston County at Clerk's File Number 99-44463, Film Code Number 013-87-2195 and marking the POINT OF BEGINNING of herein described tract; 1. Thence S 53° 16' 30" E—74.34' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner; 2. Thence S 78° 11' 38" E — 35.59' to a set 5/8" iron rod (stamped C.L. DAVIS-RPLS 4464) for corner; 3. Thence N 63°47' 15"E—35.55' to a set 5/8"iron rod with cap(stamped C.L. DAVIS-RPLS 4464)for comer, 4. Thence N 38° 09' 22"E—35.48' to a set 5/8"iron rod with cap(stamped C.L. DAVIS-RPLS 4464)for corner; 5. Thence N 16° 17' 06"E—38.78' to a set 5/8"iron rod with cap (stamped C.L.DAVIS-RPLS 4464) for corner; 6. Thence N 11° 10' 49" W — 34.98' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 7. Thence N 26° 40' 14" W — 38.85' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464)for corner, 11434 0 4862 acre drainage esmt 1 M&B 8. Thence N 33° 42' 30" W — 48 71' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464)for corner; 9. Thence N 08° 51' 20" W — 20.93' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 10. Thence N 20°00' 29"E—20.07'to a set 5/8"iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner on the easterly line of that certain tract described in a deed dated 09-26-1991 from Kenneth R. Castleman, et ux to Ignatius 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; 11. Thence S 54° 24' 50" E — 71.02' with the easterly line of said Veale tract and the westerly line of said Leonards tract to a point for corner in the centerline of Cowart Creek; 12. Thence the following 5 courses with the meanders of the centerline of Cowart Creek; 13. Thence S 30° 31' 43" E — 77.32' to a point marking the beginning of a non-tangent curve to the right having a radius of 114.56' and a central angle of 66°36' 06", 14. Thence with said curve an arc distance of 133.17' and a chord bearing and distance of S 12° 43' 23"W— 125.79' to a point for corner; 15. Thence S 60° 58' 46"W—56.16' to a point for corner; 16. Thence S 76° 54' S7"W—73.52' to a point for comer; 17 Thence N 61° 25' 32" W — 115.54' to a point for corner on the southerly line of said Tri- Union Development Company tract; 18. Thence N 45° 11' 44"E—58.30' with the southerly line of said Tri-Union Development tract to the POINT OF BEGINNING and containing 0.4862 acre(21,180 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: 1 1-421-34 0 4862 acre drainage esmt 1 M&B.doc 01-31-2005 11434 0.4862 acre drainage esmt 1 M&a 0 Y.s shah Si Ur. - iii AV g g8P8X 1 r'`1 it ; e1 ire i 1 �� a s - 4 \ , , {' it $kIrr •y fj 3 ;A % �54ti 3 �� S � '11 • \\\\ l 0 crk mien / , o 73 gl $ 4 i�i fit li� V ' a m \ fe a ;q_ a i R v. y.^ X o• JyQ JL pp 7 • re , 1,9 -:: ' 1 � i7 II; poi 8 et 0 y ' •�/a AQQs. Lg€ a g:.g ni i,, 2 i R C `A w V P m .� L12 g'. '•a $g o 5 E R . clap- ri !P a aj V il! ' ; a t� : i i 1 \ 114�0• .. 1 11 i 8 I ii �i og C / l E E mm P b �. N I r. N \\k` otl PJPU+YN+o66Gmfn41:"Cm II rI tRiZi V NNS4 • MgtAff NG y €$ Y gig ixx 9 A% }F y C9 a U+W 0 0 0 J aa pp G G Y Y U tl ss 1^zr. � v O N P N N J W-�U a��U tl�t W G Z I 6 f] f � � m 4 cr. x ZZ ¢3 y§ 2 Z Z N a U U G Z o 2 2 2 Z 2 u G YI 2 Z o� nru ITI m V�Jf AO?. I g fa F G u+U `�(+�VIONNI.SOJIDV�ry yOy,...:As Y^ � m ` � � Ma 1 � A (�:NVPYOO OOAtlp NG OO�C F �! � w $ I E 1 m i mmEEEnImm EEEEmmmmm FEm e S ■¢34 g 21g-tii I: - - al Pgc S A ka 1il 1 •a'Ra•inol4Fia^PQB= M s G. FIIEt 4D RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY '&rtt, 2005 FEB 16 11:36 AM 2005010072 JOFMI_S $26.00 Mary Ann Daigle 'COUNTY CLERK GALVESTON, TEXAS