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Home My WebLink AboutSpecial Warranty Deed - Cowards Creek - Terry W. and Rene T. Gebhardt - GCCDD 111111IIiiilt 111111111IIilPIiiIl1111111111111 2008038047 9 PGS Notice of confidentiality rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security number or your driver's license number. SPECIAL WARRANTY DEED WITH RESERVATION OF EASEMENT Grantor: Galveston County Consolidated Drainage District, a political subdivision of the State of Texas Grantor's Mailing Address: 1605 Whitaker Drive Friendswood, TX 77546-4178 Grantees: Terry W. and Rene T. Gebhardt c/o Haverford Development Grantees' Mailing Address 105 S. Fnendswood Drive, Suite B Friendswood, Texas 77546 Conveyance of Fee and Reservation of Easement 1. For the mutual consideration described in Paragraph 2 below, Grantor grants, bargain, sells and conveys to Grantees all of the property dedicated by plat and belonging to Grantor("Subject Property")as described in File No. 2007069112, Real Property Records of Galveston County, subject to Grantor reserving to and for itself an easement and right-of-way upon and across the property dedicated and belonging to Grantor ("Drainage Easement")as described in Exhibit"A " Consideration 2 The conveyance of the Subject Property and reservation of the Drainage Easement described in this Agreement is granted in consideration of the Grantees' payment to Grantor of the sum of Ten and No/100 ($10 00) Dollars, and other valuable consideration, the receipt of which is acknowledged Character of Easements 3 This instrument grants easements in gross Temporary Easement; Access Easement 4. Grantor may access the Drainage Easement by crossing any other property owned by Grantees from any public or private road or other easement to which Grantor has access (the "Access Easement"). Additionally, while any construction, repair or maintenance (collectively, "Work") activities are ongoing Grantor may use up to an additional fifty (50) feet outside the boundaries of the Drainage Easement on a temporary basis for activities related to the Work (the "Temporary Easement") On completion of the Work, Grantor shall replace and restore all fences, bridges, paths, or other structures that may have been relocated or removed during the Work The Drainage Easement, the Access Easement and the Temporary Easement are collectively referred to herein as the "Easements" The Easements shall run with the land and shall extend to and be binding on Grantor and Grantees and their successors and assigns Purpose of Drainage Easement 5. The Drainage Easement and associated rights and privileges shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing drainage improvements, including without limitation ditches, ponds and culverts. All work and materials will be at the sole expense of Grantor. Duration of Easements 6. The Easements shall be perpetual Warranty of Title 7. As to the Subject Property, together with all and singular the rights and appurtenances thereto and in anywise belonging, unto the said Grantees, their successors and assigns forever, Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the Subject Property unto the said Grantees, their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,through or under Grantor, but not otherwise. GRANTEES, BY THE ACCEPTANCE OF THIS SPECIAL WARRANTY DEED, ACKNOWLEDGE THAT THE CONVEYANCE OF THE SUBJECT PROPERTY IS SPECIFICALLY MADE"AS IS"AND"WHERE IS", WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (EXCEPT AS TO SPECIAL WARRANTIES OF TITLE SET FORTH ABOVE), INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE TEXAS BUSINESS AND COMMERCE CODE OR OTHERWISE As to the Drainage Easement, Grantees and Grantees' successors and assigns are and shall be bound to warrant and forever defend the Easements and the rights conveyed in this instrument to Grantor and Grantor's successors and assigns, against every person lawfully claiming or to claim any interest in the property covered by the Easements Exclusiveness of Easements 8. The Drainage Easement and associated rights and privileges is exclusive, and Granteess covenant not to convey any other easement or conflicting rights in the area covered by the Drainage Easement The Access Easement and the Temporary Easement are non-exclusive, and Grantor reserves the right to take any desired action with respect to the property covered by such easements as long as such action does not materially impair or conflict with the rights of Grantees set forth herein. Maintenance 9. Grantor shall maintain the Drainage Easement at Grantors's sole expense, and Grantor may remove any trees, shrubs,vegetation or other encroachments which interfere with Grantor's use of the Drainage Easement for the purposes set forth herein. Entire Agreement 10. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Dispute Expenses and Attorneys' Fees 11. If any controversy, claim, or dispute arises relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs Choice of Law 12. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. Counterparts 13. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Waiver of Default 14 It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Further Assurances 15. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms,provisions,and conditions of this agreement and all transactions contemplated by this agreement. Equitable Rights of Enforcement 16 The Drainage Easement may be enforced by restraining orders and injunctions (temporary or permanent)prohibiting interference and commanding compliance Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, and will be obtainable only by the parties,to or those benefited by,this agreement;provided,however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity Legal Construction 17. If any provision in this agreement is for any reason unenforceable,to the extent the unenforceability does not destroy the basis of the bargain among the parties,the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement Whenever context requires,the singular will include the plural and neuter include the masculine or feminine gender,and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. Notices 18. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered(whether actually received or not)when deposited with the United States Postal Service,postage prepaid, certified mail,return receipt requested, and addressed to the intended recipient at the address shown in this agreement.Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission,or other commercially reasonable means and will be effective when actually received Any address for notice may be changed by written notice delivered as provided herein.EXECUTED this 2'{ day of �(,,,,� )_ , 200�, at Friendswood, Texas. GRANTOR GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By��/'u�.�i '% �� '�C�L Its: ,ow$ Pros:,I GRANTEES TERRY W. AND RENE T. GEBHARDT C/O HAVERFORD DEVELOPMENT -;:elke‘ 'T. Aegg4+- 7 Cliter By: STATE OF TEXAS § § COUNTY OF GALVESTON § 1 I BEFORE ME the undersigned authority, on this day personally appeared rt�J)A bite,'6, 1 of Galveston County Consolidated Drainage District known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein stated GIVEN UNDER MY HAND ands ice this day of 24 200 LSO 4.1RHONDA I.. SYKES Notary Public, State of Tex s Notery Public.Skits of lb as Mop 06 2012 STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME the ersign d authority, on this day personally appeared , known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein stated GIVEN UNDER MY HAND and seal of office this_day of 4 , 200 V Notary Public, State of Texas RHONDA 1. SYKES eofT �_ Notary Public,State of Texas '` My Commission Expires r y, Mal/06,2012 46924 A 1.180 ACRE TRACT OUT OF LOT 10, EI1NAR MIDAIR SUBDIVISION, B.B.B. AND C. RR CO. SURVEY, A-46, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 238, PAGE 13, GALVESTON COUNTY, TEXAS; COMMENCING AT TUE INTERSECTION OF THE NORTHWEST LINE OF SAID TAT 10 AND THE SOUTHWEST LINE OF C.R. 548 BASED ON A WIDTH OF 50 FEET; THENCE S 45' 02' 25" E, ALONG TEE SOUTHWEST LINE OP C.B. 548, A DISTANCE OF 500.06 FEET TO A 1/2" IRON ROD SET AT THE POINT OP BEGINNING OF THIS TRACT; THENCE CONTINUING S 45' 02' 25" E, AIANG TUE SOUTHWEST LINE OF C.E. 548, A DISTANCE OF 90.26 FEET TO A POINT ON THE CENTERLINE OF COWARD CREEK; THENCE IN A WESTERLY DIRECTION ALONG THE CENTERLINE OF COWARD CREEK AS FOLLOWS: S 49° 17' 34" V 63.32 FEET S 68' 30' 38" W 70.99 FEET S 67' 07' 03" V 92.91 FEET S 709 58' 35" W 79.27 PEST 8 71' 33' 20" W 79.54 FEET S 61' 24' 06" W 110.83 PERT S 78' 50' 20" V 45.64 FEET N 89' 00' 29" W 35.96 FEET N 64' 10' 48" W 36.82 PEET TO A POINT ON TEE COMMON LINE BETWEEN GALVESTON AND BRAZORIA COUNTIES; THENCE N 10° 44' 08" B, ALONG SAID COUNTY LINE, A DISTANCE OF 93.21 FEET TO 1/2 " IRON ROD SET FOR CORNER; THENCE EASTERLY, ALONG A LINE PARALLEL TO AND 90 FEET FROM THE CENTERLINE OF COWARD CREEK AS FOLLOWS: S 64' 10' 48" E 41.27 FEET S 89° 00' 29" E 6.57 FEET N 78' 50' 20" E 22.26 FEET N 61° 24' 06" B 105.02 FEET N 71" 33' 20" E 87.03 FEET N 70' 58' 25" E 75.78 FEET N 67° 07' 03" E 90.97 FEET A 68' 30' 38" E 56.86 VEIT N 49' 17' 34" B 41.26 FEET TO THE POINT OF BEGINNING AND CONTAINING 51,405 SQUARE PEET OR 1.180 ACRE OF LAND. / ~- * WILY I.SHANKS -, � n \9�0 • JOri SUR , 144 P RECORDER'S MEMORANDUM At the time of recordation, this Instrument was found to be Inadequate for the best photograph's, reproduction because of Illegibility, carbon or photo copy,discolored paper,et. Ag blsdcOut addition and changes were present at the Rene the IMrumsnt was Med and recorded. EXHIBIT / ` MAP OR PLAT RECORDED IN V 2 PG 2 B.0 P R & V 23 PG 13 G C C R This original work Is protected under Copyright Lowe, Mk 17 United States Code 101 and 102 As violators will be prosecuted to the fullest evlent of the law. This survey Y being provided solely for the use of the recipients named herein, and no license hos been emoted, empress or implied to copy the survey meal ns is necessary la conjunction with the original transaction, which shall take place within Thirty(3O5 meal days from the dote adjacent to the signature Tins hereon yl Bearings based on recorded plot Found or set iron rods at oil corners L o k kl 0 mE COWARD CREEK CROSSING J el el i / oi Is COUNTY ROAD 548 (BAKER RD)/50' R O,W o D \ e e alai E e10J2' / qIs abAe' to Ill of w• 1f 10 \ it H 45. Y e it; gill a o• • a AREA = 197.337 7 SO FT o 0,0 \OR 4,53 ACRESvz 1/ '� ,k °4 e I p g m C eA ° LOT 3 \ / ' k O' ` 5. 0.0 \ / £ o 0 .aa LOT t0 r°i 0.... 8 / j H `,tf c a c a' \ LOT 16 c ! >( '80:.4 / ti LOT 9 0. c Y 3a2 / \ • ,i '0 / • c E a tom . A�iy0} > Y.... aY s T a / M a. OF 0011,1Wise CRUX C • Y O t WA.abb a ',,•, ii a E 1 �y��°tip�a \Qs, ��flnAlc m-0 'Ara^ 4 • 'Pq QG Y H.e not rasab•e CLEAR CREEK �"� H T T LOT 4A DRAINAGE DISTRICT . 8cmai �. 0IE HH r3rhC SURVEY OF A 4.53 ACRE TRACT OUT OF LOT 10, EINAR HOIDALE SUBDIVISON FRIENDSWOOD, GALVESTON & BRAZORIA COUNTIES, TEXAS Scale' 1=100' Dote 05/09/08 THIS PLAT IS AN ACCURATE REPRESENTATION OF THAT Revised, SURVEY MADE ON THE GROUND UNDER MY SUPERVISION Survey 8y: B,S. THERE ARE NO APPARENT ENCROACHMENTS OR CONFLICTS Drawn By: C H ACROSS PROPERTY LANES AT THE TIME OF THIS SURVEY, For EXCEPT AS SHOWN HEREON Purchaser R z .7l«...i- Job No 48924 BILLY L Wile R P L S #1821 BILLY L SHANKS 1414 WAVECREST LN. 281-488-1486 HOUSTON, TEXAS 77062 FAX 281-488-5526 Minn 1 AFTER RECORDING, PLEASE RETURN TO RECORDER'George W. Vie III At the time rationEMOR, this�UM was 2228 Mechanic Street, Suite 400 found to be inadequate for the beet photoprephlo reproduction because of illegibility, carbon or P 0 Box 1943 additions and cc discolored were prreesenttlat the time Galveston, TX 77553-1943 the Instrument was filed and recorded FILED AND RECORDED 4,,e op 1 OFFICIAL PUBLIC RECORDS 5110 G 2008038047 July 01, 2008 03 22 27 PM FEE $48 00 Mary Ann Dangle, County Clerk Galveston County, TEXAS