HomeMy WebLinkAboutEasement - Mary's Creek - GCCDD - Eva Marie Enterprises, LP 2015038561 PAGES: 10 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: Eva Marie Enterprises, LP Grantor's Mailing Address: 402 E. Edgewood Dr. Ste A Friendswood, TX 77546 Grantee: Galveston County Consolidated Drainage District, a political subdivision of the State of Texas Grantee's Mailing Address: 1605 Whitaker Dr. 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 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. 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 Work. The Drainage Easement, the Access Easement and the Temporary Easement are 2015038561 PAGES: 10 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. 2015038561 PAGES: 10 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. 2015038561 PAGES: 10 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. 2015038561 PAGES: 10 EXECUTED this 44 day of (Mar , 201 5 , at Friendswood, Texas. GRANTOR. (Q.,jAtivniz,cs2> 4itji?- o7 l_i✓do,d itz1I2.-2,5 ._LLies�,t c By: fy� 5AA,i\. n Its: (iL s!ck.. Q 1 GRANTEE GALVESTON COUNTY CONSOLIDATED DRAIN GE DIST CT tUeotifi ,- By: Harold Whitaker Its: Board President STATE OF TEXAS § § COUNTY OF GALVESTON § /,.�t) BEFO ME, the unde ned authority, on this day pers ally appeared ' ' H, .Jfr ,AAJdo Ai , si0(. ciY of ,4u .G/A ZA4 o,.) AJ 6)5 known or proved to me on the basis of satisfactory evidence to be th 5e 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. , .IVEN UNDER MY HAND and seal of office this ,L/ day of 14 / , 201,3 . W19‘.614, jty.-.J dati.saJ ~Q••••.> . sx. �` Notary Public, State of Texas •,- oa.r:. 4•cc. I\ — ��•O ri* •� 2015038561 PAGES: 10 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 9 day of Sun 201 S. Notary Public, State of Te s `=.�,�Fr n�e.I RHONDA 1.SYKES g . _ Notary Public,State of Texas ��c My Commission Expires �'n:,a, May 06, 2016 2015038561 PAGES: 10 Exhibit A (Legal Description of Easement Area) 2015038561 PAGES: 10 1 REKHA ENGINEERING, INC. IdCONSULTING CIVIL ENGINEERS AND LAND SURVEYORS FIELD NOTE DESCRIPTION OF A 0.4229 ACRE TRACT OF LAND OUT OF LOT 20,OF HOIDALE AND COFFMAN SUBDIVISION, A SUBDIVISION IN GALVESTON COUNTY,TEXAS - FIELD NOTE DESCRIPTION OF A 0.4229 ACRE(18,423 SQUARE FOOT)TRACT OF LAND OUT OF LOT 20, OF HOIDALE AND COFFMAN SUBDIVISION, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREO,RECORDED IN VOLUME 215, PAGE 394 AND TRANSFERRED TO PLAT RECORD 14, MAP NO.48, BOTH OF THE MAP RECORDS OF GALVESTON COUNTY,TEXAS, SAID 0.4229 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A 1/2 INCH IRON ROD FOUND WITH A CAP STAMPED "TRUE MERIDIAN" ON THE SOUTHWEST RIGHT-OF-WAY LINE OF MELODY LANE, (80' RO.W.)AND BEARS S 41°38'18"W A DISTANCE OF 30.00 FEET AND N 48.11'28"W A DISTANCE OF 165.00 FEET FROM THE EAST CORNER OF LOT 20; THENCE S 41'38'13"W, PASSING AT 70.56 FEET A POINT AT THE MOST WESTERLY CORNER OF A TRACT OF LAND AS DESCRIBED UNDER GALVESTON COUNTY CLERK'S FILE NO. 7707583, PASSING AT 190.34 FEET A POINT FOR THE MOST WESTERLY CORNER OF A TRACT OF,LAND AS DESCRIBED UNDER GALVESTON COUNTY CLERK'S FILE NO. 2004010661, PASSING AT 313.39 FEET A POINT FOR THE MOST WESTERLY CORNER OF A TRACT OF LAND AS DESCRIBED UNDER GALVESTON COUNTY CLERK'S FILE NO.8818820, IN ALL A TOTAL DISTANCE OF 335.81 FEET TO A POINT FOR THE EAST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; . THENCE S 41'38'13"W,CONTINUING ALONG THE SOUTHEAST LINE OF SAID LOT 20,A DISTANCE OF 112.52 FEET TO A POINT IN THE CENTERLINE OF MARY'S CREEK; THENCE ALONG THE CENTERLINE OF MARY'S CREEK THE FOLLOWING COURSES AND DISTANCES; N 21'04'27"W,A DISTANCE OF 74.72 FEET; N 63'22'49"W,A DISTIINCE OF 49.80 FEET: S 89'54'02"W,A DISTANCE OF 67.67 FEET; • THENCE N 41°38'13"E ALONG TRACT OF LAND AS DESCRIBED UNDER GALVESTON COUNTY CLERK'S FILE NO. 2007052071, IN ALL A TOTAL DISTANCE OF 134.01 FEET TO A POINT 100 FEET NORTHEAST OF THE SAID CENTERLINE OF MARY'S CREEK FOR THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG A LINE BEING OFFSET 100 FEET TO THE NORTHEAST FROM THE CENTERLINE OF MARY'S CREEK THE FOLLOWING COURSES AND DISTANCES; N 89'54'02"E,A DISTANCE OF 2.21 FEET; S 63'22'49"E,A DISTIINCE OF 112.24 FEET: S 21'0427"E,A DISTANCE OF 61.82 FE • TO THE PLACE OF BEGINNING A `CONTAI 0.422 RES(18,4 3 SQUARE FEET)OF LAND. ROBE A. MA LOWE RE ISTERED PROFESSIONAL LAND SURVEY �r PK Tfi` TEXAS REGISTRATION NO.4218 P.k.C1\ riR TC4X �RLOWE May 19,2015 ••' I:13596 Fanner Ins13566 MB 100 ESMT 5-11-15.0ocx. 4218 ' P ' ° SUR... TBPE FIRM NO.F-3712 TBPLS FIRM NO. 10133800 5301 HOLLISTER, SUITE 190-HOUSTON,TEXAS 77040 PHONE: (713)895-8080/8081 -FAX: (713)895-7686 Website:www.rekhaengineering.com -E-mail:ienglish@rekhaengineering.com • 2015038561 PAGES: 10 GALVESTON COUNTY, TEXAS HOIDALE AND COFFMAN SURVEY, ABSTRACT 48 N8954'02"E 2.21' �/ � JACUELINE BAILEY 11 3.824 ACRES DEED � PAGE 5207t ww. ' C.C.P.R. \ (PI ��_v?�� � G i� s�:��O�O•at, . v- O 4k N- Go�o\�P 0.4229 Acres :A . D 5/8" CIR b97 (18,423 S. F.) V ji I le �C ,,o s �P7 N. s ' FRr C,< OQ�` 01�� '''\•P ��y4 F< \a� ix,y36. o S89.54'02"Wite \,NgN,,'F Q��Ia, P.O.B 4 JERRY HUNT 67•v 7' �� ,4tA o) ¢���1Pac%V , 0.35DEEDRES ¢9 7�9*� 3 j V GE005-87-t803 2 eOi Z. V 4� .� GC.P.R. L 1 ter,, CS N6" S IN N te • al V NJ H 0 G NGUYEN TT N�• DOS 0.574 ACRES crl 3 DEED .o PAGE-011-69-0298 L,: L. GCP.R. m X W m to • OF 0 ,,,N,-.....ps '44._ 0 . )21 SCALE: 1"=40' \RLOWE ober A. Ma ec 'Registered Professional Land Surveyor ett\49k. 21 �. 4Texas Registration No. 4218 2 • cSSNb77'-�0 0' 20' 40' 80' S U R`1� ,ti SCALE: 1"=10' REKHA ENGINEERING INC. EXHIBIT SHOWING ,n DRAWN BY: CAH la 5301 Hollister Road, 100' EASEMENT FOR THE Suite Hollister CHECKED BY: RAM HOUSTON, TEXAS 77040 FARMERS INSURANCE , APPD BY: JHE 713-895=8080/81 TEL. FACILITY AT 140 MELODY 5 CLIENT: SWIFT 713-895-7686 FAX LN. a)ARCHITECTS Attn: John English SR. Vice President IBPLS No. 10133800 TBPE No. F-3712 2015038561 PAGES: 10 FILED AND RECORDED Instrument Number: 2015038561 Recording Fee: 58.00 Number Of Pages: 10 Filing and Recording Date: 06/18/2015 9:14AM 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. -,,,,,k,\ 17.,_:.914,: ,„ Ve*A1 1, , / 4 \'') . . . � �� �`- DwightD. Sulli pan, County` Clerk •` Galveston n .: un€t ', Texa:s NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY - Warning, this document is part of the Official Public Record.