HomeMy WebLinkAboutEasement - Mary's Creek - GCCDD - Kirk Clark and Wendy (Farley) Clark 1111111111111111111131111111111111111111111 2013007930
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EASEMENT AGREEMENT
Grantor Kirk Clark and Wendy(Farley) Clark
Grantor's Mailing Address. 1402 Amber Knoll Ct.
Houston, Texas 77062
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 descnbed 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
Temporary Easement; Access Easement
4. Grantee may access the Drainage Easement by crossing any other property 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 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
collectively referred to herein as the "Easements " 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 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 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 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 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 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
EXECUTED this 3 I day of So_rt.usa�.t , 201 3 , at Friendswood,
Texas. J
GRANTOR
-92---/ -{_
By: K it k G a.r K
Its:
GRANTEE
GALVESTON COUNTY CONSOLIDATED
La
DISTRICT
By: Retold Whitaker
Its: Board President
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
K rk Clark , res :de.s4 1Lar.e.r of 14aA Ruin e-knoll C-4,
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 3( day of .rams o.s.y ,
201 3 .
yyyyyy RHONDA L SYKES Notary Public,State of Te s
Cri) Notary Public,State of Texos My Commission Expires
r May 06, 2016
•
a
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 triki day of FED au May ,
2013 .
, 0_, xda„,,,_.
a;.w,, LUPE GARCIA Notary ub c, State of Texas
$"A Notary Public State of Texas
My Commission Expires
'+;pll Moy 06, 2016
I
Exhibit A
(Legal Description of Easement Area)
Deed of Easement
On this day, January 15, 2013,the existing property owners(GRANTORS)Kirk Clark
and Wendy(Farley) Clark,hereby grant and convey an easement along the north side of
Mary's Creek to the Galveston County Consolidated Drainage District(GRANTEE),the
easement to extend north of a centerline on Mary's Creek on said property below with a
maximum 60 ft.perpendicular line from the centerline of Mary's Creek which is scribed
per its meanders,the existing property is recorded in the office of the County Clerk
Galveston County,Texas with legal description listed as:
LOT 113 IMPERIAL ESTATES, SECTION 2
According to the map or Plat Thereof recorded in Volume 4 page 58(formerly Volume
254-A page 87).
The Deed of FAsement requires said Grantee to maintain said easement as required by
City of Friendswood property codes.
The Deed of Easement conveyance by Grantors to Grantee is provided at no charge,or
alternatively,at 0.00 dollars.
Grantee is responsible for providing survey of said easement and recording changes in
property description,plat, etc. as required to legally and properly record metes and
bounds of said easement at Grantees cost to the Galveston County,Texas,County Clerk.
REFERENCE#
4117-0000-0113-000
R202268
Kirk Clark 1 ( Date Far—
Wendy(Farley)Clark Date 9?13
C/�+fr,cikL. Aird1-` ANITA A AEI
?e/soil ' /C A CA • '„h,s„� AP1 10 2016
DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
4,649 SQUARE FEET OUT OF
LOT 113
IMPERIAL ESTATES
SECTION TWO
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 4,649 square feet out of Lot 113, Imperial Estates Section Two accordmg to the
plat thereof as filed in Volume 254-A, Page 87 Galveston County Map Records, Friendswood,
Galveston County, Texas and being more particularly described by metes and bounds as follows
(bearings based on said recorded plat of Impenal Estates)
Commencing at a called and found 1/2" iron pipe marking the common southwesterly corner of
said Lot 113 and marking the northwesterly corner of that certain tract as described in a deed
dated 08-13-1993 from George W. Livingston, et al to Clear Creek Drainage District as filed in
the Official Records of Real Property of Galveston County at Clerk's File Number 9337694 and
Film Code Number 009-16-1797; Thence S 45° 00' 00"E— 117.31' with the common southwest
line of said Lot 113 and the northeast line of said Clear Creek Drainage District tract to the
POINT OF BEGINNING of herein described tract;
1. Thence N 28° 54' 36"E— 12.59' to a point for corner,
2. Thence N 45° 00' 00"E—64.90'to a point for corner;
3. Thence N 71°26' 17"E—26.02' to a point for corner;
4. Thence S 02° 23' 25" W— 71.51' with the common line of said Lot 113 and Lot 114 of said
Imperial Estates Section Two to a point for corner, said point also located on the centerline of
Mary's Creek;
5. Thence S 45° 00' 00" W—27.08' with the centerline of Mary's Creek to a point for corner,
6. Thence S 28° 54' 36" W — 21.42' continuing with the centerline of Mary's Creek to a point
for corner, said point also marking the most southerly corner of said Lot 113 and the
northeasterly corner of said Clear Creek Drainage District tract;
7. Thence N 45° 00' 00" W— 62.45' with the common southwest line of said Lot 113 and the
northeast line of said Clear Creek Drainage District tract to the POINT OF BEGINNING and
containing 4,649 Square Feet(0.1067 acre)of land more or less.
Tlus 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. 11-543 LOT 113 Drainage Easement M&B
01/30/2013
11-543 LOT 113 Drainage Easement Man 1
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FILED AND RECORDED
t giSEe+�' rm OFFICIAL PUBBLIC RECORDS
0 0�
2 3007930
February 06, 2013 03 52 40 PM
FEE $52 00
Dwight D Sullivan, County Clerk
Galveston County, TEXAS