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Home My WebLink AboutEasement - GCCDD - Casey G. & Sondra M. Niland 1111111IIII I IIIII IIIII IIII IIIII II III IIIII IIIII IIIII IIIII Ill 2011050806 9 PGS 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: Casey G. & Sondra M. Niland Grantor's Mailing Address: 306 Garden Dr. Fnendswood, TX 77546 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 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, bndges, 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 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 wntten notice delivered as provided herein. EXECUTED this 2 I day of Se e 4-e nn , 201 ) , at Friendswood, Texas. GRANTOR 2:2 By: Cc.s G t'Son` dr . ,�r G )3; la S Its: ()',Joe srS iec.rntr,,Q .t3o to (i,,n.&p obr GRANTEE GALVESTON COUNTY CONSOLIDATED 141 DRAINAGE DIISSS CT By Harold Whitaker Its• Board President STATE OF TEXAS § COUNTY OF GALVESTON § BEFORW ME, the undersigned authority, on this day personally appeared etc-se G . IL) aQ , Scnc& irk.K .‘to, of �o /O Coo-.&n 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 P-1 day of Bet) b� 201 \ Notary Public, State of Te RHONDA L. SYKES Notary Cmmi om m i saron StetsEx ofq Texresas N May 06,2012 au 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 :2 3 day of Aocju s± 201, RHONDA L. SYKES „?Y��Y.u, Notary Public, State of Te as .}VFT �' 1,:t'`t Notary. o State of Texas � y� + 5 My Commission Expires fps,* May 06,2012 /' 'u' 7`r� SHeJ e'v"-tz+-�) -69 T1 EXHIBIT "A" EASEMENT 14 METES AND BOUNDS DESCRIPTION 3,200 SQUARE FEET OUT OF LOT 8, BLOCK 1 FRIENDSWOOD SUBDIVISION FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 3,200 square feet out of Lot 8, Block 1, Friendswood Subdivision according to the plat thereof as filed in Volume 254, Page 37 Galveston County Map Records, Friendswood, Galveston County, Texas and being out of that certain tract as described in a deed dated 07-02-1999 from Thelma McCart to Casey G Nlland, et ux as filed in the Official Records of Real Property of Galveston County at Clerk's File Number 9934260 and Film Code Number 013-73-0926 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone), Commencing at a point marking the west corner of Lot 1, Block 1, Garden Oaks according to the plat thereof as filed in Volume 18, Page 648 Galveston County Map Records, Thence S 48° 15' 39" E — 244 00' with the southwesterly line of said Garden Oaks to a found 1/2" iron rod marking the west corner of said Niland tract and the POINT OF BEGINNING of herein described tract, 1 Thence N 41° 44' 21" E— 25 00' with the southeasterly line of Lot 2, Block 1 of said Garden Oaks to a point for corner, 2 Thence S 48° 15' 39" E — 128 00'to a point for corner; 3 Thence S 41° 44' 21" W — 25 00' with the southeasterly line of said Niland tract to a found axle for corner, 4 Thence N 48° 15' 39" W — 128 00' with the southwesterly line of said Niland tract to the POINT OF BEGINNING and containing 3,200 square feet (0 0735 acre) of land more or less This 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 11-964 -ESMT 14 doc 05-24-2010 11-964-ESMT 14 doe • "xm SPm =mm o69m d EXHIBIT "B" cc5 .h 0 Inwe WEST SHADOWBEND AVENUE 4 ma m�� ;. 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'p o ooS22$gxm p V Nu 58D V CO r1§§§1P2 g a .. moo n m7� S K n y2 y2y v ---�W�D FENCE ATE O� o� np m q ', ; S X Enm n x A C A MA A 0 v Z a §R2 Oa A > m girl WOOD FENCE OgiE `- O o �: 0n M f� nj o� Nam, a I:pAp i-1 Z 2 ^ o g m> o l \ e 0 V 4 n V! g g g \ A 2" W 1 -• 7 �4 8 ty r ra NNgmg8p2 a rG \ En N -0 Oj0 it,pm v' N "'ro gYna ai S N 9 m mZ a{n•i 8 • sYl ` � og �D 5 %ii 1 JI 5 N x N Z p 0 Ci foE c tat,7 N� s O 4t. co I 0 S�C C 1 � mi g fl] d n% x Q C, m ` y E I a K z > . c U m Zi W a X R i FILED AND RECORDED SPtE OP OFFICIAL PUBLIC RECORDS 4 - ' October 04, 2011 03 41 37 PM FEE $44 00 Dwight D Sullivan, County Clerk Galveston County, TEXAS