HomeMy WebLinkAboutEasement - Cowards Creek - GCCDD - Friendswood Hidden Cove Property Owners' Association, Inc ter
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EASEMENT AGREEMENT
Grantor: Friendswood Hidden Cove Property Owners' Association, Inc., a
Texas not for profit corporation
Grantors' Mailing Address: do TEAM Plus Management, P.O. Box 58425,
Houston, Texas 77258-8425.
Grantee: Galveston County Consolidated Drainage District, a political
subdivision of the State of Texas
Grantee's Mailing Address: 1605 Whitaker Drive
Friendswood,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 described in
Exhibit A attached hereto (the"Drainage Easement").
Consideration
2. The Drainage Easement described in this Agreement is 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 Easement
3. This instrument grants an easement in gross.
Access Easement
4. Grantee may access the Drainage Easement, as would be reasonably
practical, from any public or private road or other easement to which Grantee has
•
access (the "Access Easement"). Grantee shall replace and restore all fences,
bridges, paths, or other structures that may have been relocated or removed during
any construction, repair or maintenance activities ("Work") within the property
covered by the Drainage Easement to the extent that they will be in as good
condition as they were in before such 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, culverts, and field drains. Grantee's Work in
connection with field drains may include use and installation of stablizing sand
within the area covered by the Drainage Easement. All work and materials will be
at the sole expense of Grantee.
Notwithstanding anything to the contrary in this Agreement,(1)Grantee will
maintain access gates satisfactory to Grantor where the easement area intersects the
Friendswood Hidden Cove subdivision property lines. The gates shall be 16 foot
metal tubular fence, constructed of 2 inch steel tubing, installed with standard
District signage, and at the approximate locations shown on the attached Exhibit 1.
Only employees, contractors and expressly authorized agents of Grantee,
authorized agents and contractors of Grantor, members of Grantor and such
members' guests and invitees will have access to the easement area; and(2)Grantee
shall not grant,allow or suffer any entrance to the property covered by the Drainage
Easement by the general public or anyone other than as specified in subparagraph
(1) above.
Duration of Easement
6. The Drainage Easement shall be perpetual.
• Non-Exclusiveness of Easement
7. The Drainage Easement and associated rights and privileges are non-
exclusive, and Grantor reserves all uses of the surface of the Drainage Easement,
and the right to take any desired action with respect to the property covered thereby,
for any and all purposes that do not materially impair or conflict with the rights of
Grantee set forth herein or with Grantee's use of the Easement.
Insurance
8. Grantee shall maintain workman's compensation and liability insurance
covering Grantee and Grantor for claims arising from or related to ongoing Work.
Maintenance
9. Grantee shall, at Grantee's sole cost and expense, maintain the Drainage
Easement in a neat and orderly condition on a schedule and as reasonably deemed
appropriate by the Grantee.
Grantee may remove any trees, shrubs, vegetation or other encroachments
from the area covered by the Drainage Easement which interfere with Grantee's use
of the Drainage Easement for the purposes set forth herein. Grantee may not,
however, remove trees that are not within the area covered by the Drainage
Easement, and may only remove tree branches and roots within the area covered by
the Drainage Easement in a manner that is reasonably designed and conducted to
preserve the life of the tree. The approximate locations of the trees that will be
removed within the area covered by the Drainage Easement and for the purposes set
out in paragraph 5 above, and the trees that Grantee will work around,are shown on
the attached Exhibit 1.Grantor consents to the removal of the trees shown on Exhibit
1. Grantee does not warrant the life of any tree which is trimmed, pruned, or
maintained within the area covered by the Drainage Easement.
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.
Assignability and Binding Effect
12. This Agreement and the rights, privileges, and duties set forth herein are not
assignable by Grantee to anyone at any time. Any such assignment shall be void ab
initio and a breach of this Agreement. This Agreement shall bind and inure to the
benefit of the Grantee and its successors and to the Grantor and its successors and
assigns.
Choice of Law
13. This Agreement will be construed under the laws of the state of Texas,
without regard to choice-of-law rules of any jurisdiction. Sole and exclusive venue
of any suit between these parties is in the county in which the Easement Property is
located.
Counterparts
14. 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
15. It is not a waiver of or consent to default if the non-defaulting 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
16. 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
17. 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 without proof of unavailability of
adequate remedies at law and without proof of actual damages, 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.
As Is,Where Is and With All Faults
18. GRANTEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS
SPECIFICALLY SET FORTH HEREIN: (A) GRANTOR HAS NOT MADE,
DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER
WHATSOEVER, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH
RESPECT TO(a)THE VALUE,NATURE,QUALITY OR CONDITION OF THE
PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL
AND GEOLOGY, (b)THE SUITABILITY OF THE PROPERTY FOR ANY AND
ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT
THEREON, (c) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS,RULES,ORDINANCES OR REGULATIONS
OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (d) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY,
PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
PROPERTY, (e) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (f)THE
MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY, (g) COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION,POLLUTION OR LAND USE LAWS,RULES,REGULATIONS,
ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON
THE PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW) OR
(h) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY; (B) NO
PERSON ACTING ON BEHALF OF GRANTOR IS AUTHORIZED TO MAKE,
AND BY EXECUTION HEREOF GRANTEE ACKNOWLEDGES THAT NO
PERSON HAS MADE, ANY REPRESENTATION, AGREEMENT,
STATEMENT, WARRANTY, GUARANTY OR PROMISE REGARDING THE
PROPERTY OR THE TRANSACTION CONTEMPLATED HEREIN, AND NO
SUCH REPRESENTATION, WARRANTY, AGREEMENT, GUARANTY,
STATEMENT OR PROMISE, IF ANY, MADE BY ANY PERSON ACTING ON
BEHALF OF GRANTOR IS VALID OR BINDING UPON GRANTOR UNLESS
EXPRESSLY SET FORTH HEREIN; (C) THAT, HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING
SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON
ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR
AND HEREBY ACCEPTS THE PROPERTY AND WANES ALL OBJECTIONS
OR CLAIMS AGAINST GRANTOR (INCLUDING, BUT NOT LIMITED TO,
ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR
RELATED TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON
THE PROPERTY; (D) THAT ANY INFORMATION PROVIDED OR TO BE
•
PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A
VARIETY OF SOURCES AND THAT GRANTOR HAS NOT MADE ANY
INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE
ACCURACY, TRUTHFULNESS OR COMPLETENESS OF SUCH
INFORMATION; (E) GRANTOR IS NOT LIABLE OR BOUND IN ANY
MANNER BY ANY ORAL OR WRITTEN STATEMENT, REPRESENTATION
OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION HEREOF, FURNISHED BY ANY REAL ESTATE BROKER,
CONTRACTOR,AGENT,EMPLOYEE, SERVANT OR OTHER PERSON;AND
(F) THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS
TRANSACTION IS MADE ON AN "AS IS" CONDITION AND BASIS WITH
ALL FAULTS. THE PROVISIONS OF THIS SECTION WILL SURVIVE
EXECUTION HEREOF AND ANY TERMINATION HEREOF.
Legal Construction
19. 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
20. 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) five (5) days after deposit 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 3& day of ,2018, at Friendswood,
Texas.
GRANTOR
FRIENDSWOOD HIDDEN COVE PROPERTY
OWNERS' ASSOCIATION, INC.
ByvzZ 2,a'`.-- — Q.
Name: $4A Ro rJ A . 130 r u
Title: -PREsI D 6.nf
GRANTEE
GALVES ON CO C NSOLIDATED DRAINAGE DISTRICT
By: Harold Whitaker
Its: Board President
STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was executed before me, the undersigned authority, on this
day, by Shars,+ , pros,dam f and on
behalf of, Friendswood Hidden Cove Property Owners' Association, Inc., a Texas
not for profit corporation. Ge,6.1/4.r7i
GIVEN UNDER MY HAND and seal of office thiss- day of -Mary,
2018.
•
Newry Publie.Stsie of Tesso
Co""'*e's"124$211.106 Notary P i State of Texas r » Empires;04/11/20/f '
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
Harold Whitaker,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 day of c.brvQ..rc�
2018.
quuq, RHONDA L. SYKES _
+ �''"•' Notary Public,State of Texas Notary Public, State of eras
''�t �" Comm.Expires 05-06-2020 ,
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•.,,,,,,,. Notary ID 4767434
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G;T.\or. • -ea 1978
GALVESTON COUNTY DRAINAGE DISTRICT
GALVESTON COUNT'PROPERTYID NO.202074
HIDDEN COVE CONDOMINIUMS
STATE OF TEXAS 8
COUNTY OP GALVESTON S
MEEK AND BOUNDS DESCRIPTION of a Of a 1.95 acre(85,372 square feet(easement out of the ridden Cove Condominiums Tract,
recodded in Volume 2112,Page 475,of the CordominNm Records of Galveston County(G.C.CJL)and being situated In the City of
Frlen isseaod,ad*old 85,372 square feet of land being more pardarhr(y desatbed by meeet and bounds as follows:
COMMENCING eta 1/21ndi bon pipe found in the northeasterly rightaf-way fine of 60 footw!de Winding Way 0(ve.recorded In
Volume 2112,Page 475.G.C.C.R.and In the common line otwld Hidden Cove Condominium tract and the northeasterly line of the
Berme and Sharon Easterbrook tract.recorded In Galveston County Cloth's File Number(G.GC.F.NO.)9848171:
THENCE S 41'425r W,along and with the common line of said Hidden Cove Condominium area and said Easterbrook tract,a distance
of 30.00 feet to a paint In the centerline o/old Winding Way Drive,marling the westerly corner of said resterbraoktract and angle
point for coma of old Hidden Cave Condomtnum tract
THENCE N 4r17'08'W,alongeud with the centerline of add WI dig Way Drive and waste*line of said Hidden Cave Condominium
tract a distance of 290.68 feet to a point In the centerline of Cowards Creek(width varies),marking the northwest comer of Lot 13 of
the Haney and Stout Subdivision,recorded In Volume 315,Page 280 of the Galveston County Map Records(G.C.M.&)and the
northwest comer of said Hidden Cove Condominium tract and POINT OF BEGINNING of herein described easement
THENCE along and with the centerline meanders of Coward's Creek as follows:
N 33'44'SO'E,a distance of26.67 feet to en ens*point for comer,
N 32 2220•E,a distance of 28.65 f:ct to an angle point for corner;
N 07'50'44'E,a distance of32.71 feet to an angle point for comer,
N SO'06'36'E,a distance of 613.7S feet to an angle point for comet
N 34219S7'E,a distance of 45.49 feet to an angle poke for corner,
N 27'41'or E,a distance of 34.45 feet to an angle point for corner,
N 5203'SO e,a distance of 33.28 feet to an angle point for corner,
89'0433"E a distance of 34.93 feet an angle point for comer,
5 5335br E.a dlotonee of 22.88 feet to an angle point far corner,
S 43'10116'E,a distance of 44.55 feet to an angle point for coma;
S 600713"1E,a distance of 37.93 feet to an angle point for comer;
N 86'3949'E,a distance of 37.24 feet to an angle point for miner,
N 392931'E.a distance of 25.22 feet to an angle point for comer,
N 3102'06'E,a distance of 35.22 feet to an angle point for comet
N 48'56'13'E.a distanced 28.92 fat t0 sn englo point for cornet
S 68'06'44"E,a dstance of 22.53 feet to an angle point for comer
S 35'13'0Z"E a cannot of 48.96 feet to an angle point for corner,
S 221O18'E.a distance of 42.11 feet to an angle point for comet
S 42'3229'E,a distance of 5720 feet to an angle point for oenset
564.53'3O E.a dinanoeef44.69feet roan angle point foe comer;
N 82'0123•E,a distance of 24.28 feet to an angle point for comer,
N 463222'6,a distance of 36.58 feet to an angle point fammar;
N 19'16'23'E,a dame of 64.76 feet to an angle point for comer,
N 920821'E,a dIstance of39.43 feet to an angle peed for owner
N Sri429'E,a distance 0'3&16 feat to an angle point for Winer;
N 873228'E,at a distance of 497 feet passe point markets the common celeste called 229 acre aunt,recorded In G.C.C.F.
Ho.9111458 and a called 1.122 acre tract(coned Reserve"A"),recorded in Volume 18,Page 793,G.CM.IL,contknutng fora total
distance of 23.77 feetto an angle point for corner,
5321727'E,a distance of2657 feet teen engtepoRM for Comet
S 1335'42'E.a distance of 5294 feet to an angle point for comer,
514 00'41'E.a distance of 2807 feet to an angle point for comet
S 26'53'4S"E,a distance of 3227 feet roan angle point for comet
S 425154"E,a esteem of 6895feet teen angle point for comet
562'39'44'E,a distance 0,3340 feettoan angle point for comer,
N E 2r49'E.a distance of 45.82 feat to en angle point for comer,
SKEET OF
1
r0r.snt.s .a 107a
GALVEOTON COUNTY DRAINAGE DISTRICT
GALVESTON COUNTY PROPERTY ID NO.10t074
HIDDEN COVE CONDOMINIUMS
STATE OF TEXAS 6
COUNTY OF GALVESTON §
N 8r56'1Y E,a distance of S0.84 het to an angle point for comer,
N 853715'E a distance of 3650 feet to an angle point for earner,
567'07t14'E,a distance of 16.09 feet to an angle point for comer,
54'39'49'E a distance of 3352 feet to an angle point for corner, •
S 51:51'3r E,a distance of 54.08 feet to an angle point for corner;
5 5S'04'SY E at 26.33 het pass a paint marking the most southerly comer of said 1.122 acre tract,condraing fora natal earn nee
of 44.46 feetto an angle polnt for earner in the westerly dght.ofwmhire of 120 foot wide F.M.S16,marking the most easterly
southeast corner amid Hidden Cove Condominium tact and the most easterly sonrhees;corner of herein detached easement;
THENCE S 11'19'38'E along and with the easterly 8ne of said Hidden Caro Condominium Wart,the easterly Bite of herein detached
easement and the westerly right-okay line of said F.M.STE a distance of 7328 feet to a point marling the aouthwnm&y corner of
haraln deft-Need eaSement;
THENCE over end across seta Hidden Cave Oandomenlum tract as follows:
N 32'00b7-W,a distance of 157.63 feet to an angle point for comet
S 64'%sr W,a dRwnca of 12613 feet to an angle point for caner,
N 74'14'10'W,a 6stancf of 105.64 feet to an angle;rant for comet
N 44T1'22'W,a*erne of 145.70feet to an angle point for comer,
S 20'1318'W,a distance of 43.97 feet to an angle point for comer,
S 6704'S6'W,a dlstanoe of 80.33 feet to an angle point foreoenet
N 70'37'46'W,a distance of 102.35 feet to en angle point for caner;
N 371517'W,a distance of 7L43 feet to an eagle point for comer,
S 63'3718'W,a distant of 10904 feat man angle point(acumen
N 7508'53'W,a distance of 112.66feet to an angle point for comer,
3 42'31'30'W.o distance of 102.45 feet to an angle point for comer.
515'44'45'W,■distance of 9454 feet to an angle pains for canter in the oeoleninn of aid winding Way Drive;
THENCEN 48'17'08'W,along endedth the centerline of sold Windhg Way Dram,a distance of 74.32 feet to the POINT OF BEGINNING
and tantalnhg 196 acres of land.
NOTES:
1.A0 bathes are lambert grid bearings and ea coordinates refer to Me Teas Slate Sane Oaordrote System,South Central Late,es
defined b'1 Ankle 2L071 of the Natural Reatuces Code of Me Stine erToas,1483 Datum(2011 Adludanent)•A0 d want=are actual
distances Scale factor,e 0.999868334.
2.A separate Exhibit Map has been prepared in connection with this m has and btu s d 'pde IV1/7
F.M,S.Surveyrg,l4C
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FILED AND RECORDED
Instrument Number: 2018009864
Recording Fee: 66.00
Number Of Pages:12
Filing and Recording Date: 02/20/2018 10: 17AM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
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\� 'k� Dwight D. Sullivan, County Clerk
`l'r, .''1Se', 3�Ga� e t'. n County, I e.,' as
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
