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HomeMy WebLinkAboutEasement - Mary's Creek - CLEAR CREEK DRAINAGE DISTRICT - MARIAN J. WEST and Joseph E. West • 004=49-0299 eri.l.%5311 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, MARIAN J. WEST, wife of Joseph E. West, Jr., ("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, two easements and a 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 the said MARIAN J. WEST located in Galveston County, Texas, to-wit: A 15.00 foot drainage easement of 0.2619 acres of land out of that certain called 25.308 acres of land described in a deed recorded in Book 2243, Page 786 of the Deed Records of Galveston County, Texas, said 25.308 acre tract of land being all of Lots 5 and 16 of the Hoidale and Coffman Subdivision as recorded in Volume 215, Page 394 of the Map Records of Galveston County, Texas, lying in the J. E. Perry and E. M. Austin Survey, Abstract No. 55, said 0.2619 acre tract of land is more particularly described by metes and bounds as follows: COMMENCING at a 3/4 inch iron rod found at the most Northerly corner of a called 1.868 acre tract conveyed to Joseph E. West, Jr. from Lester E. Williams and Kathleen Williams, said iron rod being on the most Northerly Northwest line of said 25.308 acre tract; THENCE North 43' 12' 00" East, along the Northwesterly line of said 25.308 acre tract, a distance of 35.50 feet to the Southerly line of the herein described tract of land being a Proposed 15.00 Foot Drainage Easement at the PLACE OF BEGINNING; THENCE continuing North 43 ° 12' 00" East along the Northwesterly line of said 25.308 acre tract, a distance of 17.58 feet to a point for corner; THENCE South 78 ° 15' 41" East along the southerly line of a Proposed 135 Foot Drainage Right-Of-Way, a distance of 255.91 feet to a point for corner; THENCE South 80 ' 06' 23" East along the southerly line of a Proposed 135.00 Foot Drainage Right-Of-Way, a distance of 294.06 Page No. 1 of 6 CO4=49-0300 feet to a point for corner; THENCE a distance of 210.18 feet along the arc of a curve to the right in the Southerly line of a Proposed 135.00 Foot Drainage Right-Of-Way, said curve having a radius of 372.50 feet and a central angle of 32 ° 19' 41" to the Southeasterly line of said 25.308 acre tract at a point for corner; THENCE South 43 ° 27' 00" West along the Southeasterly line of said 25.308 acre tract, a distance of 15.00 feet to a point for corner; THENCE a distance of 201.39 feet along the arc of a curve to the left said curve having a radius of 357.50 feet and a central angle of 32 ° 16' 36" to a point for corner; THENCE North 80 ° 06' 23" West a distance of 294.30 feet to a point for corner; THENCE North 78° 15' 41" West a distance of 265.33 feet to the { PLACE OF BEGINNING containing within these calls 11,409 square feet or 0.2619 acres of land. AND FURTHER, A 15.00 foot drainage easement of 0.2589 acres of land out of that certain called 25.308 acres of land described in a deed recorded in Book 2243, Page 786 of the Deed Records of Galveston County, Texas, said 25.308 acre tract of land being all of Lots 5 and 16 of the Hoidale and Coffman Subdivision as recorded in Volume 215, Page 394 of the Map Records of Galveston County, Texas, lying in the J.E. Perry and E.M. Austin Survey, Abstract No. 55, said 0.2589 acre tract of land is more particularly described by metes and bounds as follows: COMMENCING at a 3/4 inch iron rod found at the most Northerly corner of a called 1.868 acre tract conveyed to Joseph E. West, Jr. from Lester E. Williams and Kathleen Williams, said iron rod being on the most Northerly Northwest line of said 25.308 acre tract; THENCE North 43 ° 12' 00" East, along the Northwesterly line of said 25.3208 acre tract, a distance of 211.35 feet to the Southerly line of the herein described tract of land being a Proposed 15.00 Foot Drainage Easement at the PLACE OF BEGINNING; THENCE continuing North 43 ° 12' 00" East along the Northwesterly line of said 25.308 acre tract, a distance of 17.58 feet to a point for corner; THENCE South 78 ° 15' 41" East a distance of 161.72 feet to a point for corner; THENCE South 80 ° 06' 23" East a distance of 291.64 feet to a point for corner; THENCE a distance of 298.03 feet along the arc of a curve to the right, said curve having a radius of 522.50 feet and a central angle of 32 ° 40' 51" to the Southeasterly line of said 25.308 acre tract at a point for corner; THENCE South 43° 27' 00" West along the Southeasterly line of said 25.308 acre tract, a distance of 15.00 feet to the Northerly line of a Proposed 135.00 Foot Drainage Right-Of-Way at a point for corner; THENCE a distance of 289.24 feet along the arc of a curve to the left in the Northerly line of a Proposed 135.00 Foot Drainage Page No. 2 of 6 004-49-030.f Right-Of-Way, said curve having a radius of 507.50 feet and a central angle of 32 ° 39' 18" to a point for corner; THENCE North 80 ° 06' 23" West along the Northerly line of a Proposed 135.00 Foot Drainage Right-Of-Way, a distance of 291.88 feet to a point for corner; THENCE North 78 ° 15' 41" West along the Northerly line of a Proposed 135.00 Foot Drainage Right-Of-Way, a distance of 171.14 feet to the PLACE OF BEGINNING containing within these calls 11,277 square feet or 0.2589 acres of land. AND FURTHER; A 135 foot drainage right-of-way of 2.3436 acres of land out of that certain called 25.308 acres of land described in a deed recorded in Book 2243, Page 786 of the Deed Records of Galveston County, Texas, said 25.308 acre tract of land being all of Lots 5 and 16 of the Hoidale and Coffman Subdivision as recorded in Volume 215, Page 394 of the Map Records of Galveston County, Texas, lying in the J.E. Perry and E.M. Austin Survey, Abstract No. 55, said 2.3436 acre tract of land is more particularly described by metes and bounds as follows: COMMENCING at a 3/4 inch iron rod found at the most Northerly corner of a called 1.868 acre tract conveyed to Joseph E. West, Jr. from Lester E. Williams and Kathleen Williams, said iron rod being on the most Northerly Northwest line of said 25.308 acre tract; THENCE North 43 ° 12' 00" East, along the Northwesterly line of said 25.308 acre tract, a distance of 53.09 feet to the Southerly line of the herein described tract of land being a Proposed 135.00 Foot Drainage Right-Of-Way at the PLACE OF BEGINNING; THENCE continuing North 43 ° 12' 00" East along the Northwesterly line of said 25.308 acre tract, a distance of 158.27 feet to a point for corner; THENCE South 78 ° 15' 41" East a distance of 171.14 feet to a point for corner; THENCE South 80° 06' 23" East a distance of 291.88 feet to a point for corner; THENCE a distance of 289.24 feet along the arc of a curve to the right, said curve having a radius of 507.50 feet and a central angle of 32 ° 39' 18" to the Southeasterly line of said 25.308 acre tract at a point for corner; THENCE South 43 ° 27' 00" West along the Southeasterly line of said 25.308 acre tract a distance of 135.02 feet to a point for corner; THENCE 210.18 feet along the arc of a curve to the left, said curve having a radius of 372.50 feet and a central angle of 32° 19' 41" to a point for corner; THENCE North 80 ° 06' 23" West a distance of 294.06 feet to a point for corner; THENCE North 78 ° 15' 41" West a distance of 255.91 feet to the PLACE OF BEGINNING, containing within these calls 102,087 square feet or 2.3436 acres of land. The Easements and Right-Of-Way herein granted shall be unobstructed Easements and Right-Of-Way for the purpose of Page No. 3 of 6 00 - 4 49-03 02 locating, establishing, constructing, and maintaining waterways 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 Easements and Right-Of-Way which may be necessary or useful for the construction, maintenance, cleaning out, and repair of such waterways or drainage ditches. 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 negligence of Grantee or from breach of contract or in tort, except for such claims or damages resulting from the sole negligence of Grantor. These Easements and Right-Of-Way contains all of the agreements and stipulations between the Grantor and Grantee with respect to the granting of said Easements 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. IN WITNESS WHEREOF, the undeFsigned have executed this Easement and Right-Of-Way this 27 — day of /1/QfC , 1986. Lt fr Marian J. Wes (Grantor) Page No. 4 of 6 004=49-0303 ATTEST; CLEAR CREEK DRAINAGE DISTRICT (Grantee) /LK !1/ZSL►a�- ead/1).,1-k., Frank J. Beiar o Carl L. Smit STATE OF TEXAS COUNTY OF GALVESTON Before me, ey E. Px eS , a N tary Public in and for said State, on Lhis27 4 /day of (port. , 198b, personally appeared /?aria,i Wes?' , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. g� "G'ven under my hand and seal of office this Z 7 S day of �qr , 1986." e E o Publi ignature -.Ni, ,;•. cage 6". Ly es a. NotS'ry Public Printed/Typed Commission Expires /d-OS-PY .� • STATE OF TEXAS COUNTY OF GALVESTON Before me, .lye £ D 4ea , a Notary Public in and for said State, on this day of —�i/ , 1986, personally appeared earl/L, 5x') Y! A142$4T• Bc a no , to me known to be the identical Orsons who subscribed the name of the maker thereof to the foregoing instrument as members of its Board of Supervisors, and acknowledged to me that they executed the same as their free and voluntary act and deed, and as the free and voluntary act and deed of such Drainage District for the uses and purposes therein set forth R ' ot=Publ c ignature cayE ,-. Dykes Not ry Printed or Typed • Commission Expires /69-435.-�9 I ) Page No. 5 of 6 C11)4'-49-U304 .i - g k CJ •• t• ' . • • Q \ • c ® :::® tu i ,. O N ? ?$ V a O ,, . C b SCALE /"_/00' \\ to ` ) At' /544.a'7' T. 3? I -Z. �`, m, to m CV. i.VA c N P I 4 H 2.343�A .2 ,toe N /02,087 SO.FT PROF0SED /SGb 3'4r - FdZo os O /35.00 ORH/n/HGE CASEMENT DRA AIRGE — 00589 AC. R/GHT-OF-WAY //,277 So.FT. 3 $,per' p PROR�J^SED /5:00' ‘ 'D a 6' DRAM/RGE SEMEN T N N w W W_ 711 0.26/9 AC. %. �:� A W M WG \N w T. l 9 0 - \ .A'A 1 J P 6 W 25303 ,-9 c E.s,-.6o-h-2093 p- 'G. 786 S GC.C.R. •_�N %Vo \\ �,NH �1,.T CP a Q. tT N V- 1 N 1 w N . -.l O O.N V 0 W A .t` p� t �' (, N O n Q, t� N Nip w� o ;`1 I O 0 • /' 4)0. `1 W .\ 1 Zi S+t3°27%ic i 11 /35 A2' l S43°27Gb W /S.Gb `-543°27bb"w /J 00' Billy R. Foster & Associates Surveying, Inc. 142r,I',,10; R,',,d !'.+.n,!vnn IVxaa 77504 Ilion'. i 11 +' '+.:1 tiYTU A i'I AI 'gil( ING A I'ROI'O`.sI I) 1 ,5.UO I OO1- DRAINAGE RI(,i1T OI' 1VAY \':I) I '.;() 1'i;01'()`.,i I) 15.00 1001' DRAINAGE LASL:.II•N IS I-OR :.1,\RY'S c1:I I:K, At l<OSS A .' ,. 3w; AcRL I lAC F OF LAND, I'I.R DI I.i) RI CORDED IN BOOK J.43, I'A(,I. /lib, I,ALVES I t(N (:OIIN I Y DEED RECORDS, IN I-11I1 J.I .. I'EI<RY AND I .M. MIS I-INSURVEY, AI'S I RAC 1. NO. 55 IN (;AI.VI.S ION COUNTY, FIIXAS. /3:5-82 (JAM/HAY 7,/9Blo e Pa e No. 6 of 6 • 004=49=0305 III m ro C3 z • t'r � O gd tcl vs O n ay k ps H C O x V � nt H O H 0 V to V C F H 0, 4 to H �j n H tre STATE OF TEXAS COUA7Y Of GLYj I hereby certify that this instrurrrmt wY filed p dig date and tine stamped hereon by me and was duly monied in the Masai Public Records of Real Property of Gallegos County.Texas,on APR 7 1986 (ae,,. -•...G. •11i of � 4 -c7otTa K,Galveston County,Teon _ r r f FR 7 II S2 AN 'Er, Tfithlti'li ,l.t:'i of !r%%;T.TEXIS