HomeMy WebLinkAboutEasement - Cowards Creek - GCCDD - John Maisel f NEM 11Ir m 11ui 2013026872
21 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.
EASEMENT AGREEMENT
Grantor John Maisel
Grantor's Mailing Address 222 Shadwell Lane
Friendswood, TX 77546
Grantee. Galveston County Consolidated Drainage District, a political subdivision of the
State of Texas
Grantee's Mailing Address: 1605 Whitaker Dr
Fnendswood, TX 77546
Grant of Easement
1 For the consideration described in Paragraph 2 below, Grantor grants to Grantee an
easement and right-of-way upon and across the property belonging to Grantor described in
Exhibit"A" attached hereto (the"Drainage Easement")
Consideration
2. The easements described in this Agreement granted in consideration of the Grantee's
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
Access Easement
4. Grantee may access the Drainage Easement by crossing the property located along
Cowards Creek owned by Grantor from any public or private road or other easement to which
Grantee has access (the "Access Easement") Additionally, while any construction, repair or
maintenance (collectively, "Work") activities are ongoing Grantee will stay within the granted
Drainage Easement On completion of the Work, Grantee shall replace and restore all fences,
bridges,paths, or other structures that may have been relocated or removed during the Work.
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 Grantee
Duration of Easements
6 The Easements shall be perpetual.
Warranty of Title
7 Grantor and Grantor's successors and assigns are and shall be bound to warrant and
forever defend the Easements and the rights conveyed in this instrument to Grantee and
Grantee'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 Grantors
covenant not to convey any other easement or conflicting rights in the area covered by the
Drainage Easement
Insurance
9. Grantee shall maintain workman's compensation and liability insurance covering Grantee
for claims arising from or related to ongoing Work
Maintenance
10. Grantee shall maintain the Drainage Easement at Grantees's sole expense, and Grantee
may remove any trees, shrubs, vegetation or other encroachments which interfere with Grantee's
use of the Easements for the purposes set forth herein The only trees, shrubs, vegetation will
be remove within the granted Easement. If additional trees need to be removed the
property owner approval is required.
Rights Reserved
11. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the
Easements for any and all purposes that do not interfere with and prevent Grantee's use of the
Easements.
Entire Agreement
12 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
13 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.
Assignability and Binding Effect
14 This Agreement and the rights, privileges, and duties set forth herein shall be assignable
This Agreement shall bind and inure to the benefit of the Grantee and its successors and assigns,
and the Grantor and its successors and assigns
Choice of Law
15. 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
16. 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
17 It is not a waiver of or consent to default if the nondefaultmg 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
18 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
19. This 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
20. 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
21 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 011 day of D coo toes- , 2012. - , at Fnendswood,
Texas
G NT
By: 0;A-in o.. c . 4
ITS d6.lb r.,-JQ, <,'Ax..in¢.-i-/
GRANTEE
GALVESTON COUNTY CONSOLIDATED IDRAIN GE DISTRICT
ieda-
By• Harold Whitaker
Its: Board President
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned� authority, on this day personally
rrappeared
-TQ uu
t.,, ( fG..; SAX , 2 ry
, 144400./rl l4 , ) of �r i .,n rd.e c(ao a& 77.'„
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 #2±A day of 0 eicobar ,
2012—
Notary Public, State of Texa
,qvr RHONDA I.. SYKES
1' = Notary Public.State of Texas
My Commission Expires
'+'�: May 06, 2016
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared Harold
Whitaker. Board President 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 and seal of office this i 3 day of o vc,v,.b.tr--
201 1-
e
Notary Public, State of Te as
tests RHONDA 1.SYKES
Notory PubMc.State of Texas
.4a' )- My Commission Expires
May O6, 2016
Exhibit A
(Legal Description of Easement Area)
Proposed easement agreement with property owner John Maisel located at 222 Shadwell Lane,
Friendswood,TX 77546
October 23, 2012
1. The district will need to remove approximately 25 trees,elms,oak, hackberry, ash, pecan
Owner wants district to replace and plant with 25 trees located in his yard or City Park in the
amount not to exceed $4,750 00 in tree replacement
2. Credit the property owner for mitigation for future projects at his residence.The mitigation
would be accounted for in the area that the District will shelve along Cowards Creek.
3 When improvements are completed make sure there is a flat area for walking
4 The District will protect the green screening from 10 foot from woods edge GCCDD will have a
survey performed and attached with the correct easement boundary
This proposed easement agreement will need Board approval.Once we have all the details
worked out I will place this easement agreement on the agenda for Board approval.If you
should have questions please don't hesitate to call.
Pro rty Owne Signature GCCDD's Signature
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
1605 Whitaker Dr
Friendswood,TX 77546
Phone 281-482-0404
Fax 281-482-8505
RIGHT-OF-ENTRY/CONSENT TO ENTER PRIVATE PROPERTY TO PERFORM MAINTENACE AND REPAIRS
I, John Maisel of 222 Shadwell Lane in the
City of Frendswood,Texas,agree to hold harmless the Galveston County Consolidated Drainage District
(the District)and give them permission and entrance onto my property for the sole purpose of
performing maintenance and repairs along drainage creeks
Scope of Work:
Remove approximately 25 trees and brush from 10 foot of edge of existing wood line
Improve slopes
Shelve the area along Cowards Creek
Improve area to have a flat dirt walking area
When job is completed all disturbed areas will be hydra mulched.
Install cable posted with no trespassing signs
Any item not listed in this agreement will require property owner's prior approval for any work that
occurs within easement area
Sign t e of Pro rty Owner
L\O - Si 9 -310a
Phone Number
l 0 - 2-'C: - ZO t 2J
Date
�. 10l21( 0/2-
CCDD Representative Signature/Date
EXHIBIT"A"
0.9489 ACRE OUT OF
LOT 12,BLOCK 5
FRIENDSWOOD SUBDIVISION
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 0.9489 acre being out of Lot 12, Bock 5, Fnendswood Subdivision according to
the plat thereof as filed in Volume 238, Page 14, Galveston County Deed Records, Friendswood,
Galveston County, Texas and being out of that certain tract as described in a deed dated 06-10-
1997 from Craig Van Der Smissen to Charles John Maisel, Jr. as filed in the Official Records of
Real Property of Galveston County at Clerk's File Number 97-21650 and Film Code Number
011-83-2579 and being more particularly described by metes and bounds as follows (Bearings
based on the recorded plat of the Replat of Chappel Hill as filed in Plat Record 18, Map Number
74 Galveston County Map Records);
Commencing at a found 3/8" iron rod marking the west corner of Lot 13, of said Block 5 and the
north corner of said Lot 12; Thence S 43° 36' 20" W — 147.38' with the northwest line of said
Lot 12 to a set 1/2" iron rod with cap (stamped C.L. DAVIS —RPLS 4464) marking the POINT
OF BEGINNING of herein described tract;
1. Thence S 85° 53' 33" E — 27.32' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) for corner,
2. Thence S 69° 41' 57" E — 245.34' to a set 1/2" iron rod with cap (stamped C L. DAVIS -
RPLS 4464)for corner;
3. Thence S 24° 54' 55" E — 51.05' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464)marking the point on a curve to the right having a radius of 55.60' and a central
angle of 104° 55' 47";
4 Thence with said curve an arc distance of 101.82' and a chord bearing and distance of
S 30° 23' 46" W — 88.17' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
5. Thence S 41° 01' 46" W — 11.13' to a set 1/2" iron rod with cap (stamped C.L DAVIS —
RPLS 4464) for corner;
6. Thence S 02° 41' 29" E — 46.09' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
7. Thence S 71° 47' 55" E — 38.12' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464)for corner;
8. Thence N 88° 35' 47" E — 54.26' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
9. Thence S 77° 08' 08" E — 187.21' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
11-1024 Drainage Easement
10. Thence S 46°23' 36"E—76.46' to a point for corner;
Thence the following 18 courses within the centerline of Cowards Creek (The metes and bounds
within the vesting deed filed in Galveston County Deed Records at Clerk's File Number
97-21650 called to go along the top bank of creek The called meanders now fall approximately
along the centerline of creek)
11. Thence S 68° 27' 57" W—39.17' to a point for corner;
12. Thence S 89° 10' 46"W—26.70' to a point for corner;
13. Thence N 59° 57' 39" W—27.88' to a point for corner;
14 Thence N 53° 50' 20" W—34.55' to a point for corner;
15. Thence N 77° 41' 07" W— 128.81' to a point on a curve to the left having a radius of 26 76'
and a central angle of 141°23' 36";
16. Thence with said curve an arc distance of 66.04' and a chord bearing and distance of
S 32° 08' 59"W—50.51' to a point marking a point on a curve to the right having a radius of
26.90' and a central angle of 125°45' 18";
17. Thence with said curve an arc distance of 59.04' and a chord bearing and distance of
S 67°28' 16" W—47.89' to a point for corner;
18. Thence N 74° 56' 13" W — 12.95' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464)for comer;
19. Thence N 34° 38' 08" W — 44.42' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464)for corner;
20. Thence N 30° 32' 39" W — 52.09' to a set 1/2" iron rod with cap (stamped C.L. DAVIS —
RPLS 4464) for corner;
21. Thence N 25° 08' 58" W—48.22' to a point on a curve to the right having a radius of 70.80'
and a central angle of 58°03' 42";
22. Thence with said curve an arc distance of 71 74' and a chord bearing and distance of
N 23° 00' 58"E—68.71' to a point for corner;
23. Thence N 55°06' 18"E—70.59' to a point for corner;
24. Thence N 00° 51' 07"E— 19.96' to a point for corner;
25. Thence N 23° 21' 48"W— 19.96' to a point for corner;
26. Thence N 70° 16' 50"W— 176.47' to a point for corner;
27. Thence N 71° 39' 55"W—57.27' to a point for corner;
11-1024 Drainage Easement
28. Thence N 79° 29' 21"W—43.76' to a point for corner;
29. Thence N 43° 36' 20"E—37.34' to the POINT OF BEGINNING and containing 0.9489 acre
(41,332 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: 11-1024 Drainage Easement
04/09/2013
11-1024 Drainage Easement
.Q4
10'U.E.(BK.18, MN. 74 GCMR)
REPLAT OF CHAPPEL HILL
PLAT RECORD 18, MAP No 74, G.C.M.R.
BLOCK 2
LOT 3
25'BUILDING UNE / \
e.
CHAPPEL HILL DRIVE ,
(R/W VARIES)
wrEIE>E /
r�voar
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25'BUILDING LINE \
LOT 6 I11
I
CLEAR CREEK I \
DRAINAGE DISTRICT
R.O.W.
(DETENTION BASIN
LOCATION) I ç
q‘
10'U.E.(BK.18, MN. 74 GCMR) 4F -I.
2
LOT 6, BLOCK 5
HARVEY & STOUT SUBDIVISION
( Vol. 315, Pg. 280 G.C.D.R. )
FRIENOSW000 CHAMBER OF COMMERCE
ro
CITY OF FRENOSWOOD
VOL 2171, PO. 661 OCOR
3-11-1970
CALLED CENTERLINE
OF COWARDS CREEK PER
''.1n% (9322359 008-94-1216)
Stc4e KITTEN LTO ECATE
tiea
CHARLES L. RUSSO, ET UX
S. (9322359 008-94-1216)\ • ��/
05-18-1993
a1EiazM3a'�w o N 43'35'00 L 17 P.O. : SET 1/2" I.R. w/CAP
\ S 43'36'20" — 147.38' L
33 S 85'53' ' £ L
l 27.32'
\ � : SET I.R.
\ Vet
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4' CALLED CENTERLINE +�
:TFD \ wa OF CREEK OF CHAPPEL HILL
REPLAT
\ii,
'A" , PLAT RECORD 18, \ sf % 1P\ MEANDERS OF NORTH BANK OF ,
MAP No 74, G.CM.R. \ I ' \ COWARD'S CREEK PER
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`,�, I1/ leIS 4101148. W 11.13' A-1O415'47a
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W/� S 02'41'29" E 46.09' CBS 30'23'48" N
CHI 17'
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WIle 3a 12'
A' LOT 12, BLOCK 5
I / I sW/C1�P/2' I.R. �,. FRIRNDSROOD
• ' o deo SUBDIVISION
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f may. MEANDERS OF NORTH BANK OF
c,3-diet \ y777��� COWARD'S CREEK PER 1
3 \ (97-21650 011-83-2579) &
�/ in (94-53940 010-14-2113)
CS fig% �\� 0r \% 04
iii Q.
ANTHONY JOSEPH NOVELLI \ 4^' In
TO t a
CITY OF FRIENDSWOOD
(VOL. 2 8 1, P G.
14
GCDR) \tst\ \4, .va
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ANTHONY JOTo
SEPH NOVEUJL
\ in
CITY OF FRIENDSWVODa(VOL. 2051, PG. 14 GCDR) i
8-05-1969
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( P se300.6002 50.00' w ~
( D - 300.00)
LOT 13, BLOCK 5 �I/
HARVEY & STOUT SUBDIVISION . 'ft
( Vol. 315, Pg. 280 G.C.D.R. )(TRACT 2) 3HERBERT H. GATESTO CDMARVIN F. CLARK
VOL 2695, PG. 505 GCDR Z4-30-1976 O
4
1 STORY BRICK N /
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R ��
xti 4 $ ' IGNAnus W. LEOAUROs, Er ux
KENNETH E. TO
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1/2% INTEREST +� 9134E178 007-77-1980
LORNA 0. ZE7TLERla l 10-25-1991
TO ekt
GEORGE A. NIXON, 7RUS7EE O�
8331675 002-47-0279 "�h 10'x23' SqN. SEW LINE ESA?
7-14-1983 .� (BOOK 2077, PG. 44 GCDR)
soot' ••D.1/2'IR
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DEED OF ASSUMPTION o t
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7-21650 011-83-2579) • O f
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MOMS E 11S1D,+ve ►at ET tx j ^ re) LOT 13. BLOCK 5
mAra LT UX 03
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R.4 AWES yy�� N t` 10
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(VOL 112-�1D1 l it
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l BRICK
LOT 13, BLOCK 5 , x id_
FRIENDSWOOD
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ASPHALT
ENT
.
. x ,\
`�$ ® •I ,
TELEPHONE CABLE (As FIELD r I x
LOCAED BY TEL CO. PERSONNEL) ASPNW.T ' './`
it I/ Nti
155.4g'
% k 'Nkr
/ �x fND.5/8'I
> 14o
1 RESIDUE OF
Ir N STEVENSON TRACT
x
FND.5/81R r %� fo.
Al (03-W-lan2) S `*i I%
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WINDING WAY '°.s 2r 39" •
a/k/a SHADwE&L LANE Nx� J
(60 f R/W) ,�
i
220.15' 9•
_ -4
le'P Ar rip r r
HIDDEN COVE CONDOMINIUMS „ ,
(VOL. 2112 , PG. 475 GCCR) s
ckki
ABBREVIATIONS '%3'P
CONC CONCRETE
CP CONCRETE PIPE
CPP CORRUGATED PLASTIC PIPE
IP IRON PIPE
IR IRON ROD
MH MANHOLE
SL STREET LIGHT
SS STREET SIGN
IC
7
A/
40 0 40 80 120 Feet
I i ).—I I 1 I
NOTES:
1. THE SURVEYOR HAS NOT HAD BENEFIT OF A TITLE COMMITMENT AND
EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES AFFECTING THE
SUBJECT TRACT MAY NOT BE SHOWN HEREON.
2. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE REPLAT OF
CHAPPEL HILL (PLAT RECORD 18, MAP RECORD 74 G.C.M.R.).
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON REPRESENT THE
OUTUNE AT GROUND SURFACE LEVEL, UNLESS OTHERWISE NOTED.
4. THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.) SHOWN
HEREON ARE THOSE VISIBLE AT THE TIME OF SURVEY AND MAY NOT
BE COMPLETE.
5. UNDERGROUND UTILITIES SHOWN BASED ON CITY OEYRIENDSW004
BLOCK MAPS & UTILITY COMPANY BLOCK MAPS, WITH FIELD TIES TO
EXISTING SURFACE FIXTURES. CONTRACTOR IS RESPONSIBLE FOR
VERIFICATION OF UNDERGROUND UTILITIES.
6. ALL SET CAPPED RODS STAMPED "C.L. DAVIS, RPLS 4464"
LINE BEARING DISTANCE
L 1 S 46'23'36" E 76.46'
L2 S 6827'57" W 39.17'
L3 S 89'10'46" W 26.70'
L4 N 59'57'39" W 27.88'
L5 N 53'50'20" W 34.55'
L6 N 7741'07" W 128.81
L7 N 74'56'13" W 12.95'
L8 N 34'38'08" W 44.42'
L9 N 30'32'39" W 52.09'
L 10 N 25'08'58" W 48.22'
L 11 N 55'06'18" E 70.59'
L 12 N 00'51'07" E 19.96'
L 13 N 23'21'48" W 19.96'
L 14 N 70'16'50" W 176.47'
L 15 N 71'39'55" W 57.27'
L 16 N 79'29'21" W 43.76'
L 17 N 43'36'20" E 37.34'
CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH
Cl 26.76' 14123'36" 66.04' S 3708159" W 50.51'
C2 26.90' 12545'18w 59.04' S 6728116" W 47.89'
C3 70.80' 58'03142" 71.74' N 23'00'58" E 68.71
C.L. DAVIS & CO. FRIEENDSW WINDING
TEXAS 77546
I "�) LAND SURVEYING Fez 21812184121294
DRAINAGE EASEMENT EXHIBIT
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
0.9489 ACRE OUT OF
LOT 12, BLOCK 5
FRIENDWOOD SUBDIVISION
(VOL. 238, PG. 14, G.C.D.R.)
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
DATE: 3-25-2013 I SCALE: 1" - 40' (JOB NO.: 11-1024
DWG FILE: 11-1024-BASE ICRO FILE: 11-1024-BASE
\11-Misa11-1001-THRU-11-1050\11-1024-GCCDD-COWARD-CREEK\11-1024-BASE dwg
FILED AND RECORDED
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OFFICIAL PUBLIC RECORDS
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May 01, 2013 03 35 57 PM
FEE $92 00
Dwight D Sullivan, County Clerk
Galveston County, TEXAS