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EASEMENT AGREEMENT RECORDED BY
SOUTH LAND TITLE, LL(.1:
Grantors: Dick Daugird and lioracene Daugird GF 1-12/. =5
Grantors Mailing Address: 602 W. Shadowbend Ave., Friendswood, Texas 77546
Grantee: Galveston County Consolidated Drainage District, a political subdivision
of the State. of Texas
Grantee's Mailing Address: 1605 Whitaker Drive
Friendswood, TX 77:546
Grant of Easement
I. For the consideration described in Paragraph 2 below., Grantors grants to Grantee
an easement and right-of-way upon and across the property belonging to Grantors
described in Exhibit A attached hereto (the "Drainage Easement").
Consideration
2. The easements described in this Agreement are granted in consideration of the.
Grantee's payment to Grantors of the sum of Ten and Noll 00 ($MOO) 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, as would be reasonably practical, by
crossing any other property owned by Grantors 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, as would be reasonably practical, up to an additional ten (10) feet outside the
boundaries of the Drainage Easement on a temporary basis for activities related to the
Work (the "Temporary Easement"). The right to use the 'Temporary Easement
commences with the initiation of construction activities on the property, and continues
from the commencement date for a period of two (2) years. 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
Parcel 011 —Tributary#2
"Easements." Grantee may establish reasonably practical 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. Grantors and Grantors' 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 Grantors 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. Grantors retain, reserve, 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
4815-1938-5903,v.2
Parcel 011-Tributary
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 Grantors and their 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
4815-1938-5903,v.2
Parcel 011-Tributary
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 7 day of / , 2016, at Friendswood,
Texas.
GRANT GRANTOR
Dick Daugird Horacene Daugird
GRANTEE
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
By: ki‘e4-e—
Its: Board President
4815-1936-5903,v.2
Parcel 011-Tributary
•
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•
:.�o(P�RI0PUBGy �
STATE OF TEXAS §= •
COUNTY OF GALVESTON § ,•''•. REs••••'
/���f, �-2016�•�e���`��\\
BEFORE ME, the undersigned authority;l'On this day personally appeared Dick
Daugird, 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 t rein stated.
GIVEN UNDER MY HAND and seal of office t ' (4'1 2016.
*ye t tate of Texas
STATE OF TEXAS V ' );
itorroP
COUNTY OF GALVESTON § %, ••• REs••.
BEFORE ME, the undersigned autfionty, on this day personally appeared
Horacene Daugird, 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 is '7 , 2 .
ic, State of Texas
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME,mare
authority, on this day personally appeared t1irA
R , rlta re 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� y • w , 2016.
-
i ,
`' MARK HEIDAKER
• Notary Public,State of rexos otary Public, State of Texas
•;▪ �: My Commission Expires
'� Cr`t' September 24, 2016
4815-1938-5903,v.2
Parcel 011-Tributary
EXHIBIT"A"
EASEMENT 11
METES AND BOUNDS DESCRIPTION
5,188 SQUARE FEET OUT OF
LOT 5,FRIENDSWOOD SUBDIVISION
FRIENDSWOOD,GALVESTON COUNTY,TEXAS
All that certain 5,188 square feet out of Lot 5, 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
02-14-1972 from Richard W. Flippen to Dick Daugird as filed in Book 2239, Page 187
Galveston County Deed Records and being more particularly described by metes and bounds as
follows(bearings based on Texas Coordinate System of 1983,South Central Zone);
Beginning at a point marking the south corner of Lot 18, Friendswood Gardens according to the
plat thereof as filed in Volume 254-A, Page 83 Galveston County Map Records and said point
being on the northwesterly right-of-way line of West Shadowbend Avenue (60' wide) from
which a found 5/8"iron rod bears S 33° 17' 15"E-0.59'from said point;
1. Thence S 41° 43' 05" W — 12.50' with the northwesterly right-of-way line of said West
Shadowbend Avenue to a point for corner;
2. Thence N 48° 16'55" W—415.00'to a point for corner;
3. Thence N 41°43'05"E—12.50' with the southeasterly line of Lot 1,Block 1 Gordon Estates
according to the plat thereof as filed in Plat Record 18,Map No. 983 Galveston County Map
Records to a found 5/8"iron rod for corner,from which a found 5/8"iron rod bears S 61°35'
18"W—0.18'from said point;
4. Thence S 48° 16' 55" E —415.00'with the southwesterly line of said Friendswood Gardens
to the POINT OF BEGINNING and containing 5,188 square feet(0.1191 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 11.doc
05-24-2010
11-944-ESMT Ll.doc
•
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(VOL 254, PG. 37 G.C.M.R.)
ix 0 g EASEMENT 11
0 • _ OWNER: DICK DAUGIRD
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FILED AND RECORDED
Instrument Number: 2016046325
Recording Fee: 54.00
Number Of Pages: 9
Filing and Recording Date: 08/01/2016 12:05PM
I hereby certify that this instrument was FILED on the date and time stamped hereon and
RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
it_z4mtig.:: . ‘„ vet,i1 . . / .
th.--- 1, ,. ..: , ‘: e p -
� ��v `-' DwightD. S Wily an, County` Clerk
,, Gal.v es ton Cottn€t ', Iexa:s
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the
clerk.
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
