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EASEMENT AGREEMENT
Grantor: First Baptist Church of Friendswood.
Grantor's Mailing Address: 111 East Heritage Drive,Friendswood,Texas 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
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 1.15 acres (50,128 square feet) out of three
tracts described in G.C.C.F. Nos. 9928764,2007037162 and 2007037164,such property
belonging to Grantor,and as further described in the survey and metes and bounds
description that comprise Exhibit A, attached.
The easement and right-of-way is referred to in this document as the "Drainage
Easement."
Consideration
2. The easements described in this Agreement are 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
4. While any construction,repair or maintenance(collectively, "Work") activities
are ongoing Grantee may use,as would be reasonably practical,up to an additional ten
(10)feet outside the boundaries of the Drainage Easement on a temporary basis for
activities related to the Work (the "Temporary Easement"). The right to use the
Temporary Easement commences with the initiation of construction activities on the
property and continues from the commencement date for a period of two (2)years. 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. Grantee may
establish reasonably practical rules from time to time concerning use of the Temporary
Easement if approved in advance by Grantor.
The Drainage Easement and the Temporary Easement are collectively referred to
in this document as the "Easements."
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
swales and culverts. All work and materials will be at the sole expense of Grantee.
Duration of Easement
6. The Drainage Easement shall be perpetual.
Warranty of Title
7. Grantor and Grantor's successors and assigns shall be bound to warrant and defend
the rights conveyed in this instrument against every person whomsoever lawfully claiming
or to claim any interest in the property covered by the Easements or any part thereof, by,
through or under Grantor,but not otherwise.
Exclusiveness of Easement
8. The Drainage Easement and associated rights and privileges is exclusive, and
Grantor covenant not to convey any other easement or conflicting rights in the area covered
by the Drainage Easement. The Temporary Easement is non-exclusive, and Grantor
reserves the right to take any desired action with respect to the property covered by such
easement 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. Grantee agrees to name
Grantor as an additional insured on all liability policies, and to provide Grantor with a
current Certificate of Insurance on request.Grantor shall be named as an additional insured
until the right to use the Temporary Easement has expired,as set out in paragraph 4.
Maintenance
10. Grantee shall maintain the Drainage Easement at Grantee's sole expense, and
Grantee may remove any trees,shrubs,vegetation or other encroachments which interfere
with Grantee's use of the Drainage Easement 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 Attorney's 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 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. Sole and exclusive venue is in the county
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. The Easements 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 /PI,- day of f_.-6, . , 2019,at Friendswood,Texas.
GRANTOR
FIRST BAPTIST CHURCH OF
FRIENDSWOOD
s: '703 (e c__
GRANTEE
GALVESTON COUNTY CONSOLIDATED
DRAINAGE DIST CT
By: k cxr o(c& L. ( 01A:#o..lc,e,r-
Its: Board President
STATE OF TEXAS §'
§
COUNTY OF GALVESTON §
BEFORE ME,the undersigned authority, on this day personally appeared
o It A kvl afe, ,of First Baptist Church of Friendswood,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 ittklay of eeib
2019.
;i'P-11¢e;1 HAZEL RUTH OYERTON
My Notary ID#398787 otary Public, State of Texas
4t��' ExpfresApril 1.2020
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
``BEFORE ME, thA undersigned authority,on this day personally appeared klar-elA
L•t��,,i , •GPI,rWr es:depttof 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 210 day of ,
2019.
r
,r�•w RHONDA L.SYKES Notary Public, State of Te as
,�`• Notary Public,State of Texas
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s Comm.Expires 05-06-2020
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METES AND BOUNDS DESCRIPTION
Of a 1.15 acre(50,128 square feet)easement out of three tratts of land,all of which are described in
deed to First Baptist Church of Friendswood under Galveston County Clerk's File Numbers(G.C.C.
No.)9928764,2007037162 and 2007037164,of the deed records of Galveston County,Texas
(G.C.D.R.)and being situated in the City of Friendswood,with said 50,128 square feet of land being
more particularly described by metes and bounds as follows:
COMMENCING at a point for corner on the called Northeast right-of-way line of Pecan Drive,based
on a width of 60 feet,per G.C.C.No.2005008274,at the.South corner of Lot 1 of Pecan Plaza,a map
or plat thereof recorded under G.C.C.No.2005008274 and at the West corner of that certain tract
of land described in deed to First Baptist Church of Friendswood under G.C.C.No,9928764,form
which a 5/8 inch iron rod found bears N 48'34'W,0.6 feet;
THENCE:N 41'47'26"E,along and with the Southeast line of Lot 1 of Pecan Plaza and the Northwest
line of the First Baptist Church of Friendswood tract,a distance of 315.39 feet to a point for corner
on said Southeast line of Lot 1 of Pecan Plaza and the Southwest line of the First Baptist Church
tract,at the West corner and POINT OF BEGINNING of herein described easement;
THENCE:N 41'47'26"E,continuing along said common line of Lot 1 of Pecan Plaza and the First
Baptist Church tract,a distance of 80.16 feet to a point for corner on the called centerline of Mary's
Creek,on a South line of a called 1.88 acre tract of land described in deed to the City of Friendswood
under G.C.C.No.2001063634,at the most Easterly corner of Lot 1 of Pecan Plaza,a Northerly corner
of the First Baptist Church tract and a Northerly corner of this tract
THENCE:along and with the called centerline of Mary's Creek;a Southeast line of said City of
Friendswood tract and a South line of Dlsiere Office Park,a map or plat thereof recorded under
G.C.C.No.2010011151,the following courses:
S 64'32'14"E,a distance of 54.66 feet to an angle point for corner;
N 63'57'59"E,a distance of 250.24 feet to an angle point for corner;
S 05'41'38"W,a distance of 10.68 feet to an angle point for corner;
S 63'23'56"E,a distance of 64.00 feet to an angle point for corner;
518'53'03"E,a distance of 21.89 feet to an angle point for corner;
S 54'43'38"E,a distance of 42.15 feet to an angle point for corner;
S 75.30'57"E,a distance of 41,47 feet to an angle point for corner;
S 48°17'33"E,a distance of 55.74 feet to an angle point for corner;
S 48'12'34"E,a distance of 21.50 feet to a point on the Northwest line of a called 2.504 acre
tract of land described in deed to Friendswood Realty,LLC under G.C.C.No.2010040672,on the
Southeast line of the First Baptist Church of Friendswood tract described in deed under G.C.C.
No.2007037164,at the most East corner of the herein described tract;
THENCE:S 41'49'47"W,along and with the common line of the Friendswood Realty tract and the
First Baptist Church of Friendswood tract,a distance of 145.32 feet to a point for corner on said
common line,at a Southeast corner of this tract,from which the South corner of the First Baptist
Church of Friendswood tract recorded under G.C.C.No.'2097037164 bears S 41'49'47"W,a distance
of 110.68 feet,from said South corner bears a 1-1/4 inch pipe with nail found N 58'06'E,0.4 feet;
THENCE:Departing from the common line of the Friendswood Realty tract and the First Baptist
Church of Friendswood tract,crossing the three First Baptist Church of Friendswood tracts,the
following courses:.
N 11'22'03 W,a distance of 88.40 feet to an angle point for corner;
N 72'01'23"W,a distance of 172.94 feet to an angle point for corner;
S 63'25'04"W,a distance of 87.39 feet to an angle point for corner;
S 42'40'49"W,a distance of 105.19 feet to an angle point for corner
THENCE N 48°12'34"W,,a distance of 127.12 feet to the POINT OF BEGINNING and containing 1.15
acres of land for a proposed easement.
OF TF
0: '
,011/4
SC4TT R,SHER)DAN(
SCOTT ERIDAN ••� 6171` at f
DATE: CTOBER0FESSI 18,2018.L LAND SURVEYOR No.6171 IV � 9iY�SUR`r;I
NOTES:
1.ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE
TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,AS DEFINED BY
ARTICLE 21.071 OF THE NATURAL RESOURCES CODE OF THE STATE OF TEXAS,1983
DATUM(2011 ADJUSTMENT)EPOCH 2010.00.ALL DISTANCES ARE ACTUAL DISTANCES.
SCALE FACTOR=0.999869257.
2.A SEPARATE EASEMENT SKETCH HAS BEEN PREPARED AND IS TO ACCOMPANY THIS
METES AND BOUNDS DESCRIPTION.
•
SHEET2 OF 2
FILED AND RECORDED
Instrument Number: 2019011552
Recording Fee: 54.00
Number Of Pages:9
Filing and Recording Date: 03/06/2019 1:36PM
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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�^ � Dwight D. all Ivan, Cott nt Clerk-
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k\x.� C . •' ., .� �o �LIC DO NOT DESTROY - Warning, this document is part of the Official Public Record.
