HomeMy WebLinkAboutEasement - Mary's Creek - CLEAR CREEK DRAINAGE DISTRICT - CONOCO INC. • 002-67-2443 8347266 EASEMENT AND RIGHT-OF-WAY STATE OF TEXAS § COUNTY OF GALVESTON § KNOW ALL MEN BY THESE PRESENTS: FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, CONOCO INC. , a Delaware corporation, ("Grantor") does hereby grant and convey without warranty, either express or implied, to CLEAR CREEK DRAINAGE DISTRICT, a Body Politic, ("Grantee") its successors, and assigns, an easement and right-of-way for drainage and flood control at the location and along the course now located and staked by said CLEAR CREEK DRAINAGE DISTRICT and shown by the plat attached hereto and made a part hereof, over, across, upon, and under the following described lands owned by CONOCO INC. located in Galveston County, Texas, to-wit: A tract of land containing 1.11124 acres out of the James E. Perry and Emily M. Austin League, Abstract No. 55, Friendswood, Galveston County, Texas, and being more par- ticularly described by metes and bounds as follows: • 002--67-2444 COMMENCING at the Southwest corner of Lot 1, Block 1, Village Green Subdivision as recorded in Vol. 10, Pages 9 and 10 of the Galveston County Map Records, said point also being the Southwest corner of said Village Green Subdivision; THENCE North 43° 12' 00" East, along the Northwest line of said Village Green Subdivision, a distance of 607.05 feet to the County Line of Galveston and Brazoria Counties and said POINT OF BEGINNING of the herein described tract; THENCE North 07° 45' 56" East, along the Galveston and Brazoria County line, a distance of 346.03 feet to a point for corner; THENCE North 88° 12' 00" East, a distance of 293.72 feet to a point on the Northwest line of said Village Green Subdivision; THENCE South 43° 12' 00" West, along the Northwest line of said Village Green Subdivision, a distance of 482.56 feet to the PLACE OF BEGINNING. The Easement and Right-of-Way herein granted shall be an unobstructed Easement and Right-of-Way for the purpose of locating, establishing, constructing, and maintaining water- ways and ditches for drainage purposes over, across, or under the above described land. Grantor also grants to Grantee the right to enter upon, pass over, deposit excavated earth upon, store material and equipment upon, remove branches and trees and parts thereof, or other obstructions from the land adjacent to the above described Easement and Right-of-Way which may be necessary or useful for the construction, maintenance„ cleaning out, and repair of such waterways or drainage ditches. 2 002-67-2445 Grantee agrees to assume and be liable for and save Grantor harmless from any and all claims or damages of whatsoever kind (whether of the parties hereto or any third party) arising out of the construction, maintenance, clean out, and repair•of such waterways or drainage ditches and/or any and all claims or damages of whatsoever kind (whether of the parties hereto or any third party) arising out of the storing of material and/or equipment upon the above described land, whether such claims and damages result from the negli- gence of Grantee or from breach of contract or in tort, except for such claims or damages resulting from the sole negligence of Grantor. This Easement and Right-of-Way contains all of the agreements and stipulations between the Grantor and Grantee with respect to the granting of said Easement and Right-of- Way, and the same shall inure to the benefit of and be binding upon the Grantor and Grantee and their respective successor and assigns. 3 002-67-2446 IN WITNESS WHEREOF, the undersigned have executed this Easement and Right-of-Way this 7 o TN day of itt-p v• r rt 1983. ATTEST: CONOCO INC. (GRANTOR) ? BY o-i a1at j (,,f Y I n F a c t ATTEST: CLEAR CREEK DRAINAGE DISTRICT (GRANTEE) •_/7' �]r ��/' By SCk__ e STATE OF Texas § COUNTY OF Harris § Before me, Patricia G. Gilmore a Notary Public in and for said State, on this Jth day of October 19 personally appeared Bob Walker , to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its Attorney-In-Fact and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. Notary Public My commission expires: PAICIA G.Notary P blic In and for the State of Texas My Crmmicsipn Exp;rca rt re.ty,tS, 15tib 4 • r 002l67-2447 STATE OF TEXAS § COUNTY OF GALVESTON § Before me, Faye E. Dykes , a Notary Public in and for said State, on this 3Oth day of August , 1983 , personally appeared DALE G. ANNA, CARL L. SMITH, and JAMES L. VOGAS, to me known to be the identical persons who subscribed the name of the maker thereof to the foregoing instrument as its Board of Super- visors, and acknowledged to me that they executed the same as their free and voluntary act and deed, and as the free and voluntary act and deed of such drainage district for the uses and purposes therein set forth. Not Public • My"Commission expires: August 5, 1985 • • • • • 002-67-2448 FtLEO FOR RECORD um IC 11 AtA'83 • tool au; .�;.G� stvi1.It)'.: ff � at I taety tettgy gat this itchrtxrat was tad on lb date and time stamped baton ty me and was duly tetmds8 M the Official Public Records of Rawl Paopotty of Cateardon County,texas,on A^ ' DEC 1 1363 .g �o A I r Goup4 gl &i1 COU ��a�6u4wabrtJ M,Galnrioa County,1na0