The URL can be used to link to this page

Home My WebLink AboutEasement - GCCDD - Jesus Guerra IIIIIIII1IIIIIIIIM IIIIIII IIIIIIpIIIIIIUUIIII 2013050953 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 Jesus Guerra Grantor's Mailing Address. 206 Garden Dr Fnendswood, TX 77546 Grantee Galveston County Consolidated Dramage 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 m 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 crossmg 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, 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 privileges shall be used only for the purpose of placing, constructing, operating, repairing, maintaimng, 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 convciyed 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 msurance covering Grantee for claims arising from or related to ongoing Work Maintenance 10. Grantee shall maintam 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 nondefaultmg 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 wnting 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, couner 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 a9 day of .SJIi , 2013- , at Friendswood, Texas GRANTOR By Svaus G Its proper} owner GRANTEE 1 GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT -� . _are( By Harold Whitaker _ Its. Board President STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE/� ME, the undersigned authority, on this day personally appeared 5cs s C Pro v re of ao(n �'.7w,cie." DR- known or proved to me on the basis of sati ctto ry r ry 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 s-'k day of �J J 201a_. _ J RHONDA t. SYKES NotaryPublic, State of Texas ?*�+ Notary Public,State of Texas y Commission Exp ires pires Ng, May 06, 2016 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 subscnbed 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 ,31 day of Tu11 , 201 3 11 T NotaryPublic, State of± ? lONA iSYKES My Commesbe Expires 'o a n' May 06, 2016 Exhibit A (Legal Description of Easement Area) Z i iill ii l EXHIBIT 'B" v C0IMEWCIWG PT :41i1Qi-1/4r It III i2 lin i °0 Ail p I; 'q p I s s0 a 1 , i n J v 4 } 9. o o $-m au u Qv No 0 11 � g3 1q 'emsipsiteitti C i l' 11 J O O_\ '- n '1 rN pi! 1:1 y T�Qp4 ii.g! v 03 Ilk ! I = 5.i 11/111iii P 1! Iii li -- . O: a � r1 ■ I Mi.- 1.p Z it l it Ili u r Soo x Od n ° N Jl f I L 1 y f �a I att. N Iliel 1 roa ci $ pii T ' ) 2 Orr I� o pp O m O p it :27c--1 z yw; El?' iiii �5y VSNCf d It1 �� a is g -,1 IA g 1 30 i \ 4 / I tg� spa 5 v , .- -... EXHIBIT "A" EASEMENT 8 METES AND BOUNDS DESCRIPTION 1,722 SQUARE FEET OUT OF LOT 16, FRIENDSWOOD GARDENS FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 1,722 square feet out of Lot 16, Friendswood Gardens according to the plat thereof as filed in Volume 254-A, Page 83, 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 found 1 1/4" Iron pipe marking the west corner of Lot 10 of said Fnendswood Gardens and said point being on the easterly right-of-way line of F.M. 2351, Thence S 48° 16' 55" E — 826 67' with the southwesterly line of said Friendswood Gardens to the west corner of said Lot 16 and the POINT OF BEGINNING of herein described tract, from which a found 5/8" iron rod bears N 47° 02' 12" W — 1 73' and from which a found 5/8" iron rod bears N 54° 01' 03"W— 1 74' from said point, 1 Thence N 41° 43' 05" E — 12 50' with the northwesterly line of said Lot 16 to a point for corner, 2 Thence S 48° 16' 55" E — 137 78'to a point for corner, 3 Thence S 41° 43' 05" W — 12 50' with the southeasterly line of said Lot 16 to a point for corner from which a found 1/2" iron pipe bears S 01° 16' 40" W— 0 32'from said point, 4 Thence N 48° 16' 55" W — 137 78' with the southwesterly line of said Lot 16 to the POINT OF BEGINNING and containing 1,722 square feet (0 0395 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 8 doc 05-24-2010 FILED AND RECORDED . cE °F f OFFICIAL 4.5 PUBLIC RECORDS -it' -;°(' 1‘) ,, ....,,:e 4 2013050953 August 09, 2013 03 30 36 PM FEE $48 00 Dwight D Sullivan, County Clerk Galveston County, TEXAS 11-964-ESMT 8 doc