HomeMy WebLinkAboutEasement - Cowards Creek - CLEAR CREEK DRAINAGE DISTRICT - B. CLIFTON BLACK 8922545 QQbi 2 1 04 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON FOR AND IN CONSIDERATION OF THE SUM OF THIRTEEN THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS AND NO/CENTS, the receipt and adequacy of which is hereby acknowledged, B. CLIFTON BLACK, hereinafter called "Grantor", does hereby grant and convey unto CLEAR CREEK DRAINAGE DISTRICT, a Body Politic, of the County of Galveston, State of Texas, acting herein by and through its duly duly authorized Supervisors, hereinafter called "Grantee", all that certain piece or parcel of land, lying and being situated in Galveston County, Texas, more particularly described as follows: 0.764 acres of land, being a part of a 3.5617 acre tract, out of Lot 10, Block 3 Friendswood Subdivision in the J. R. Williams or Sarah McKissick League, Abstract 151, Galveston County, Texas, according to the map or plat thereof recorded in Volume 254, Page 37, in the Office of the County Clerk, of Galveston County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the most South corner of said 3.5617 acre tract in the northeast line of Imperial Gardens Subdivision as recorded in Index Book 254-A, Page 88, in the Office of the County Clerk, Galveston County, Texas, also being in the northeast line of Lot 9, Block 3, and the southwest line of Lot 10, Block 3 of Friendswood Subdivision, being the most west corner of Lori Woods Subdivision as recorded in Index Book 254-A, Page 88, in the Office of the County Clerk, Galveston County, Texas: THENCE North 45 deg. 03 min. West along and with the southwest line of said 3.5617 acre tract, the common line of Lot 9 and Lot 10, Black 3, Friendswood Subdivision and the northeast line of Imperial Gardens Subdivision, a distance of 586.85 feet to a point for corner in the center of Cowart Creek; THENCE in a southeasterly direction along and with the center of Cowart Creek with the courses and distances as follows: North 81 deg. 13 min. East a distance of 20.69 feet; South 45 deg. 36 min. East a distance of 49.0 feet; South 76 deg. 36 min. East a distance of 51.0 feet; South 54 deg. 49 min. East a distance of 56.0 feet; South 63 deg. 26 min. East a distance of 21.70 feet to a point for the centerline of the proposed new channel; THENCE South 45 deg. 03 min. East along and with the centerline of the proposed new channel, a distance of 259.20 feet to the point of a curve to the left; THENCE in a southeasterly direction along the arc of said curve to the left and the centerline of the proposed new channel with the following data: Delta = 22 deg. 58 min. 33 sec. Radius = 105.84 feet; Length = 42.44 feet; Chord = 42.16 feet bearing South 56 deg. 32 min. 17 sec. East to the point of tangency; THENCE South 68 deg. 01 min. 33 sec. East along and with the 006-5 - 1 a. 85 centerline of the proposed new channel, a distance of. 37.85 feet to the point of a curve to the right; THENCE in a southeasterly direction along the arc of said curve to the right and the centerline of the proposed new channel with the following data: Delta = 41 deg. 37 min. 05 sec.; Radius = 100.0 feet; Length = 72.64 feet; Chord = 71.05 feet bearing South 47 deg. 13 min. 00 sec. East to a point for corner in the northwest line of Lori Woods Subdivision and the Southeast line of the aforesaid 3.5617 acre tract; THENCE South 44 deg. 57 min. West along and with the northwest line of Lori Woods Subdivision and the southeast line of said 3.5617 acre tract, a distance of 86.04 feet to the PLACE OF BEGINNING and containing 0.764 acres of land. Grantor retains all oil, gas and other minerals, if any, in, on or under the above described parcel of land. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said CLEAR CREEK DRAINAGE DISTRICT, Grantee, and its successors and assigns forever; and Grantor does hereby bind himself, his successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part hereof. Exhibits "A" and "A-1" attached hereto are incorporated herein and made a part of this document. EXECUTED this Z S day of JUNE, 1989. t!jr/ B. Cl i Black THE STATE OF TEXAS COUNTY OF GALVESTON �-- ins Before me, Notary Public in and for the State of Texas, on this Z.' — , day of June, 1989, personally B. CLIFTON BLACK, to me known to be the identical person who subscribed to the foregoing instrument of writing, and acknowledged to me that he executed the same instrument of his own ",freand voluntary act and deed for the purposes therein 4 expressed. "- C.) : at:gePublie,YState of Texas Notary's NgFe,Printed ERYr 14*f e S lL Com6n. expires: /6- 3-b'9 AfterRecording Return to: CLEAR: CREEK DRAINAGE DISTRICT P. O5'••BOX 607 1 FRIENDSWOOD, TEXAS 77546 O O 6- l:T ! ! 8 6 �LEaz 62EEk sIthicf P.O.BOX 607 O PHONE(713)482-0404 FRIENDSWOOD,TEXAS 77546 May 16, 1989 Mr. B. Clifton Black #2 Queens Lane Friendswood, Texas 77546 Dear Sir: With reference to your discussions with Messrs. Bejarano and Whitaker concerning the tract of land involved in the realignment of Cowart Creek, we are offering this letter of agreement. 1. The CCDD agrees to purchase from B. C. Black a tract of land measuring 0.764 acres located on Cowart Creek, which is from the centerline of the new proposed channel and adjacent to the subdivision of Imperial Gardens with back property line connecting Lots 4, 5, and 6 of said subdivision, and further described on Attachment A-1 of this letter. The purchase price of Thirteen Thousand Five Hundred Twenty-Five Dollars and no/cents ($13,525.00) for the purchase of said tract is based on property evaluation dated September 18th, 1987 by Evelyn B. Newman of Friendswood with the aforementioned purchase price based proportionally on property evaluation. Mr. Black will retain mineral rights, if any, to the proper- ty being purchased by the CCDD. 2. Mr. B. C. Black agrees to grant the CCDD a Drainage Main- tenance easement from the centerline of the new proposed channel to the high bank of Mr. Black's property as defined by Attachment A-1. 3. The District will pay the costs of Title Search, Surveying, and Legal Fees. 4. The District further agrees to the following: a. After completion of the Project have the property re- surveyed and re-platted based upon the realignment. As part of the survey, include offset stakes between Black and adjacent property boundaries to allow determination of property line after old creek channel is filled. Also, offset stakes to determine the edge of the main- tenance easement will be provided. EXHIBIT "A" PAGE 1 QQ6 ?- 1587 DATE: May 16, 1989 PAGE 2 OF 2 b. Fill the old creek channel and provide underground drainage to the relocated creek. Any deviations to this action will require agreement in writing by Owner and District's Board. c. The Owner will be contacted prior to the District enter- ing the described property for equipment access priviledge to the creek. d. District will cut and stack on site the wood removed as directed by Owner. e. District will seed the old creek fill for prevention of erosion. Also, District will ensure stability of old creek fill, and will maintain the area such that any de- trimental effects caused by erosion will be corrected. f. District will stabilize the banks of the new creek chan- nel. CCDD will maintain the area such that there will be minimal erosion on the Black easement portion of the new creek, and any detrimental effects caused by erosion will be corrected. 5. Clear Creek Drainage District agrees to allow Black to erect a break-away fence or a fence of mutually agreed construc- tion along his property to the edge of the creek. 6. This Letter of Agreement becomes null and void in the event the District does not purchase said property by July 14, 1989. If you agree with the above conditions, please sign and return one copy of this letter. CLEAR CREEK DRAINAGE DISTRICT :4, Step en R. Haskew, President B. Clif on Black, Owner EXHIBIT "A" PAGE 2 OO6-52- 1 588 EXHIBIT "A--1n I END. 3/4" IRON PIPE ' I - N61°13'E 20.69 1" = 1001 1 • 545.36'E 49.0 I o, I` FND. 1• IRON PIPE 1 5r09,71 9,74-LT• 576°36'E 31.0 I END. 1' IRON PIPE I 4493.03 41.7-11. I - 1 FNQ 3/4" IRON PIPE la-P_ 554°49'E 56.0 I CI 8E I U) 56p1 a FN0. 1"IRON PIPE y4 I r. 3.92.21 CN LINE q (1) $63•26'E 107.0 I 4,1 ' (n. I. ' \6CA I 7' t6D z 0) . ENO..P IRON PIPE 0 5\ LO idJNOJ3 5.59-LT. N Z,; Sg'1° 00'�SI O I W r C1 End.Conc. n 0 . .22 , Z:. 'S45 [C 3+23.04 6-LT.. ,p N = END. T' IROIPWE • 'Q � 8 w " W N45°QO,E 370.0 +j CD T l/ • . -.)-966' 0 Z • CO WART CREEK oI U) " I 'n w i FN0.C IRON PIPE ---X- I e 550.STE 33.46 mt'-- 100' w 1 g M to Q C) if, V Q .s Z d Q 545°03'E 107.79 0 J 11.1 CC �_ Z tD -. to x • N N C" 1-Fnd.VTiron Rod l•62.25 3.59-RI Q Fence Corm 1+60.9 2.2-RL In o 3.5617 AC. d .__I _ V '4 - 1.009 AC. N ac S 1. ' s2246'32"E 59.4v N . .Hsp •I o sr- x 127.E '.3 �v • `. - _Q „ 54P53'E 44.66 Y 5/ • '0.�1y1�K 'n rnd.VY'Lon Pipe 0+2413-LL /// 1 Todd" nPIpo 0+23 17- '�`� S49°27'34"E 44.49 x�-maA _ F°rco Coe 0iO4e b-1 Eb.Od OOaJ ?SSi..... x366.6� mO S` 3.5617 Ac.Tc 0+00 N.c LOT 19,e,K.2 MJ.Cone Mono-0+01d ��K��cS 44 57 W 495.2 LORI Y0005 5/D -End.0+ E38 2n2.C-21 4o'Pi ttNF - LORI WOODS S/b -0+0238 2LS2 lL / - Pe WOQDS PLAT SHOWING THE SOUTHWEST LINE OF A 3.5617 ACRE TRACT OWNED BY MR. .C. BLACK, BEING A PART OF LOT 10, BLOCK 3, . FRIENDSWOOD SUBDIVISION IN TILE J. R. WILLIAMS OR SARAH MCKISSICK LEAGUE, ABSTRACT 151, GALVESTON COUNTY, TEXAS. A,_,,_-, c,".ol--. • Nov. 5, 1987 Freddy A. Gormly, Registered Public Surveyor No. 1918 DATE P. 0. Box 862, Alvin, Texas, 77512-0862 Phone 331-0883 NOTE: Surveyed at the request of Clear Ckcek Drainage District y'1;:'',/F� '�y�IJ, Revised AUGUST 3,1900 to show 1.009 Ac.Tr. for now proposed chonnol *.. j,'. •.. e- IRON PIPE SET. FRFFDDY A.GORMLY Revisod October 21,1980 to show ponlerilho of rproposed now' chonnol. Revised APRIL 20,1989 to show chonge in proposod centerline. \` 1, 1518 6i.4".- S.rr:a'a•�0, BIC.57-2 Z/; ..unsslti G. 1 .s `... • or'r,[(�)l, 1,;r„J8 9 c.. • 1 > I ' ATE OF TEXAS COJNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on i JUL 14 1969 1•1 COUNTY CLERK GALVESTON CO.,TEXAS It rIt' RECORD 89 JUL 14 Mill: 12 t: u'"?CLY. s; GALVESTJtt CO;J:4 TEXAS t'.