HomeMy WebLinkAboutEasement - Mary's Creek - GCCDD - Jay and Kathryn Jenkins (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 2008066425
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EASEMENT AGREEMENT
Grantors Jay and Kathryn Jenkins
Grantors' Mailing Address 514 Hunters Lane, Friendswood TX 77546
Grantee. Galveston County Consolidated Drainage District, a political subdivision
of the State of Texas
Grantee's Mailing Address: 1605 Whitaker Drive, Friendswood, TX 77546-4178
Grant of Easement
1. For the consideration described in Paragraph 2 below,Grantors grants to Grantee
an easement and right-of-way upon and across the property belonging to Grantors
described in Exhibit"A"attached hereto (the "Drainage Easement")
Consideration
2 The easements described in this Agreement are granted in consideration of the
Grantee's payment to Grantors 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 mstrument grants easements in gross.
Temporary Easement; Access Easement
4 Grantee may access the Drainage Easement by crossing any other property owned
by Grantors 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 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, Grantee 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
"Basements." Grantee may establish reasonable rules from time to time concerning use
of the Access Easement and the Temporary Easement.
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. Grantors and Grantors' 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. The Access Easement and the Temporary Easement
are non-exclusive, and Grantors 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 Grantee set forth herein.
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
Rights Reserved
11. Grantors retain, reserve, 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 Grantors and their 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 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
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.
TO- QQ
EXECUTED this 4 day of C:.ri3ri2 , 200 U , at
Friendswood, Texas.
G' ' TORS ,�
/WoliO 1 ' ail_ /J 'i.
GRANTEE
GALVESTON COUNTY
CONSOLIDATEDN , DRAINAGE DISTRICT
�d/ /%Gl�� z�'e
By: r4 e./al 4. 4/-�Ch/4.-hAsic.
Its: SOIAd a, U/m0c71si2r
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
QoArk.A.4- , known or proved to me on the basis of satisfactory evidence to be
Vthe peYson 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 4 day of
0000n\0,-eA. , 2008 •
vvii✓arrsor..risr�i..v 1... �f Q�c c�%Ll��l/�—
6'' JANET M. FRERS
s S a NOTARY PUBLIC,STATE OF TEXAS
y v MY COMMISSION EXPIRES
� OF AUG 10, 2010 No Public, State of Texas
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
, known or proved to me on the basis of satisfactory evidence to be
the peYso 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_ 4 day of
LOPOPrYI —
u JANET M.FRERS C it 7 S49 ---
4R NOTARVFUBU0.3TATEOFT
8810NEXPIRES
EXAs
MV COP7MI Not Public, State of Texas
AUG. 10,2010
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME,the undersigned authority, on this day personally appeared
�}r ro 13 6141. a(tcnr1- . 1/res)d u,'{" 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 <k day of
1 leer w.lzh , 200 1
Notary Public, State of Texas
Notary
RNONDA .
Pubho.Snterns*
i n ExWrea I
EXHIBIT "A"
DRAINAGE EASEMENT
Being a 0.88 acre tract of land situated in the Perry and Austin League,Abstract No. 20,
Galveston County,Texas; said 0.88 acre tract of land being out of and a part of Lot 19 of
the H oidale and Coffman Subdivision,a subdivision located in Galveston County,Texas,
according to the map or plat thereof as recorded at 215,Page 394 in the Office of the
County Clerk of Galveston County,Texas; said 0 88 acre tract of land being more
particularly described by metes and bounds as follows:
NOTE: Bearing basis for this description is the Westerly line of said Lot 19 as found
between monument.Bearing of said Westerly line being N 45°00'00"E.
BEGINNING at the Westerly corner of said Lot 19,the same being the Southerly corner
of Lot 18,the Northerly corner of Lot 2 and the Easterly corner of Lot 3 all being in the
Hoidale and Coffman Subdivision; said point being the West corner of this tract of land.
THENCE N 45°00'00"E with the Northwesterly line of this tract of land,the
Northwesterly line of said Lot 19 and the Southeasterly line of said Lot 18; at 91.90 feet
pass a 5/8 inch iron rod on line,and continuing for a total distance of 126.29 feet to the
North corner of this tract of land and the beginning of a curve to the right,concave
Southwesterly.
THENCE Easterly along the Northerly line of this tract and said curve to the right
having a central angle of 41°06'36",a radius of 200.00 feet,a length of 143.50 feet and a
chore bearing and distance of S 60°21'02"E, 140.44 feet to a point for corner on the
Easterly line of this tract.
THENCE S 39°47'43"E along the Easterly line of this tract of land,a distance of 110.02
feet to the Northeast corner of this tract of land,also being a point on the Northwesterly
line cf a tract of land conveyed to Lauron D.McCulloch as recorded at Film Code No.
019-49-1335 of the Official Public Records of Real Property of Galveston County,Texas
THENCE S 45°00'00" W with the Southeasterly line of this tract of land and the
Northwesterly line of said McCulloch tract of land; at 24.04 feet found a 1/2 inch iron rod
on line,and at 33.99 feet also found a 5/8 inch iron rod on line,and continuing for a total
distance of 153.49 feet to a found 5/8 inch iron rod for the South corner of this tract of
land; said point also being the West comer of a tract of land conveyed to Coastal Bend
Property Development as recorded at Film Code No.011-24-1202 of the Official Public
Records of Real Property of Galveston County,Texas,and also being in the Northerly
line cf a tract of land conveyed to Palms Properties as recorded at Film Code No. 011-34-
1318 of the Official Public Records of Real Property of Galveston County,Texas;said
point also being in the Southwesterly line of said Lot 19 and the Northeasterly line of said
Lot 2.
THENCE N 45°00'00"W with the Southwesterly line of this tract of land,the
Southwesterly line of said Lot 19,the Northeasterly line of said Lot 2 and the
Northeasterly line of said Palms Property tract of land a distance of 245.00 feet to the
PLACE OF BEGINNING; containing within said boundaries a calculated area of 0.88
acres of land.
00 39Vd SBIVIOOSSV O>ti' 00E660E186 IZ ZT 800Z/LT/60
AFTER RECORDING, PLEASE RETURN TO
George W Vie III
MILLS SHIRLEY L.L.P.
P. O. Box 1943
Galveston, TX 77553-1943 a
FILED AND RECORDED
-4� oP r . OFFICIAL PUBLIC RECORDS
� .. ��/ 2008066425
December 15, 2008 04 30 05 PM
FEE $44 00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
