HomeMy WebLinkAboutEasement - GCCDD - Brenda Hull 2012013456
10 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 Brenda Hull
Grantor's Mailing Address. 304 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 nght-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 pnvate 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
boundanes 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
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 nghts and pnvileges 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 nghts and privileges is exclusive, and Grantors
covenant not to convey any other easement or conflicting nghts in the area covered by the
Drainage Easement. The Access Easement and the Temporary Easement are non-exclusive, and
Grantor reserves the nght 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 written notice delivered as provided herein
EXECUTED this Z3 go day of Au, 6,0—St , 201 , at Friendswood,
Texas,
GRANTOR
T3RENDA P/ULi-
By
Its:
GRANTEE
GALVESTON COUNTY CONSOLIDATED
DRAINAGE DISTR(IICT��
By Harold Whitaker
Its• Board President
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFOREG Jl t e de}signed authority, on this day personally appeared
of
kno 1 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 Se day of 7 / )44 e
201 Z.
N Public, tate of Texas
elk*
aSk, JILL LACAMU
7•` ' `% Notary Public State of Texas
` My Commission Expires
\TMt„��;;r° August 20, 2015
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authonty, 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 a3 day of Ro
201 ( 5
A:; RHONDA L. SYKES Notary Public, State of Tex
g Notary Public State of Texas
Lrvar My Commission Expires
May 06,2012
Exhibit A
(Legal Description of Easement Area)
Amendment to Easement Agreement
John & Brenda Hull
1 Currently 60 foot drainage easement is in place Abandoned 60 foot easement and
relocate to a 25 foot drainage easement to the back of the property
a co N +
"m ill e�5 PIA v3 EXHIBIT "B"
' 5'_g "R6 41£ 131^c� WEST SHADOWBEND AVENUE
10 Pi mgm ��S%�Q" COMMENCING
1m4 4z
<�� � m 4 �� I I a
_
�^ Q o b'z om v I I I •,
19 22 4W IC 81 p PI^ I I I _
III R.
O ma8�l ”' xmm10 1 I L -
m� Z . 8 ; 1T1 N Z Y� -i 4
1
mg k S , q O0 " �� r
O
a . t * '.
N .12x
% "Vi ii I
II
a s
C > ' Y'1_OZ O rn
rG g g 6s
I I
\\t git- Ag o� o 10
e " aN 6_ I0 \
8 IlyC ml O4
\
E Rill Z op
0
N co
" N 90
mp
Ot \
\
; Cg Wzo oo
\c \r o2 � Ta o I a
\ CS \ ‘
1 kJ
43 "It
v O4'91i osaiIti t '2 I 2 5 (43 `O- pm Er o� I q I OrcOmn3 \ 0 \\ \
ro I z \ mr 0 I I rta \\4 , m c_� AppF DZ MII GX mA
%
m m CO -� r \\ \ \
”ZIFFMB$oZ0,A9N c' II I �Q m \\ \
$xm I - 6 ? 5\\ \
gig = a
sn 2om I I I P \\\ \
t g +',' p r r I ij I \\
P pn.i I1TQ cfJ= a m 4 n
m c�'
0 um V C x I I \ z O$ `z ae � —`I
Z �� a I I O y " aox Y�,yya
n PN-• I I = 1 m r
s 3 rot y �o I I I o o ; Zo
a'
y, •
e Z
y J \ w•,i I VI •r N v
� � � 8 1 II I m •
WOOD SHED oo0�- pp
O
!! (ON BLOCKS) , i z S-
Ai 2• z n Cnt Se ••-0 y • ;111 n • °
£ coo _ii -'o 18:cn. ! wtnr
gZ O C190y Z A a G]CO J �O X
go aS 1 : 03 Omstg
m 4 O" N p g sA '��I°TA
t m '� C� a �-"ill ill m "Z
m + x v
E W
EXHIBIT "A"
EASEMENT 13
METES AND BOUNDS DESCRIPTION
3,050 SQUARE FEET OUT OF
LOT 2, BLOCK 1
GARDEN OAKS
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 3,050 square feet out of Lot 2, Block 1, Garden Oaks according to the plat
thereof as filed in Volume 18, Page 648 Galveston County Map Records, Friendswood,
Galveston County, Texas 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 of said Garden Oaks; Thence
S 48° 15' 39" E - 122.00' with the southwesterly line of said Lot 1 to a found 5/8" iron rod
marking the west corner of said Lot 2, Block 1, Garden Oaks and the POINT OF BEGINNING
of herein described tract;
1. Thence N 41° 44' 21" E — 25.00' with the northwesterly line of said Lot 2 to a point for
corner;
2. Thence S 48° 15' 39" E — 122.00'to a point for corner;
3. Thence S 41°44'21" W—25.00' with the southeasterly line of said Lot 2 to a found 1/2" iron
rod for corner;
4. Thence N 48° 15' 39" W — 122.00' with the southwesterly line of said Lot 2 to the POINT
OF BEGINNING and containing 3,050 square feet(0.0700 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 13.doc
05-24-2010
FILED AND RECORDED
,oe M
e, OFFICIAL PUBLIC RECORDS
4444/2_,
414 (44'7griM3456
March 14, 2012 04 11 33 PM
FEE $52 00
Dwight D Sullivan, County Clerk
11-964-ESMT 13 doc
Galveston County, TEXAS
