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Home My WebLink AboutEasement - GCCDD - William Scott Zrubek and Kimberly Ann Zrubek 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 n umber. RECORDED BY EASEMENT AGREEMENT SOUTH LAND TITLE, LLC Grantora: illiaala Scott Zriabek and Kimberly Ann Z'ube ' . raaaitore Mailing Address: 21 arden Drive, Friendswood, Texas 7754$ Grantee; Galveston County Consolidated rainage District,a political subdivision of t e of Texas Grantee's Mailing Address 1605 Whitaker Drive Friendswood,TX 77546 Grant of Easement 1 For the consideration described in Paragraph 2 below, Grantors amnia tL 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 casements described in this Agreement are granted in consideration of the Grantee's payment to Grantors of the sum of Ten and No/I00 ($10.00) Dollars, and other valuable consideration,the receipt of which is acknowledged. Character of Easements 3. This instrument grants easements in gross. Temporary oraaary Easements 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 liasemcnt"). 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 For (the 'Temporary Easement"). The right to use the Temporary Easement commences witzi the initiation of construction activities ities on the property, and continues from the commencement t date fbr a period of t` O (s e 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 Farce 010 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 b. 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 • 48154938.5903.v.2 Parcel 010-Tributary • ti 'f f -bra 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 010-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 S day of Au(1�S+ , 2016, at Friendswood, Texas. c! NTO GRANTOR William Scott Zrubek Ki erly Ann Z bek GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: Its: Board President 4815.1938-5803;v.2 Parcel 010-Tributary • STATE OF TEXAS & COUNTY or GALVESTON § BEFORE ME, the undersigned authority; on this day personally appeared William Scott Zruhek, 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 lie/she executed the same for the purposes and consideration therein stated. GIVEN UNDER MY HAND and seal of office this'.day of Le ,:.)'.. 2016. i 1 , .',%:•.<:).,-, KAREN LEE HARI •Th, . if.,',:c...A.„:,:l N,2,tilFy f-',uble,Sti,.:i 0.f'fox,i,is ...,:: (.. .k,j.L.:11 .,\:,,,4_QP s , Ste of 1, Notary Puolie, Snt exas tA...--- --,...,.......,...................................V.V.MI:V. STATE.OF TEXAS !.: COUNTY OF GALVESTON .; BEFORE ME, the undersigned authority, on this day personally appeared Kimberly Ann Zrubek, known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instilment, 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'...iday of jf`. &o,Iffill.,2016, k----„,„„,„. . .,. ---t . --.•,.'-, i ,.....' 1 ..,„. LEE I ‘`,,/ • :-:'''... i ''''-,.--U, s -,_, .'" i-4 1 1 V.::,a'g Augtitl 22. 2217 li Notary Public; State of Texas 1.... -,...;.,..-.;... ,..„.„.„‘„,,,,„ .......„........„.............j STATE OF TEXAS A L',, COUNTY OF GALVESTON BEFORE ME, the undersigned authority,on this day personally appeared 'f >tA ,s,.l ,....' • ,-.) . :, 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 thi.g?dav pi /-1,,.4,,;,.... ,2016, ,..t.....—... .:,=:. ;,:..,„,.......--....--, ......7,—...11, f 1.,•'../ ".... ,H i s',.. ...c,, k._ .1•\--------. ,7 ti:= , .•.;,E=,,,N k4.4.10AkOZ, it' I ..i.,,,,,i;,,t,,;:n '.f.•:,m,.1.y..PLInii...,i:.0 tecf :fx.,:3,: it NOtaly Public; State of Texas %..:)...ekk.,,...„,,,:, .,,Ay(..,,::.r,-,m,ssii)..f .e saniseibat t;'4, t"...23ZQ•WWW•Mit.T.s.s.W.\\;=3?".,*:2,•*:0.t:32. ,,W.....0.,,,,ava:, 01 54 9 aB-5 an,v.2 Patoe#010.-Id butary • ,. .. , . • EXHIBIT"A" • BASEMENT 10 METES AND BOUNDS DESCRIPTION • 1,722 SQUARE FEET OUT OF LOT 18,FRIENDSWOOD GARDENS FRIENDSWOOD, GALVBSTON COUNTY,TEXAS All that certain 1,722 square feet out of Lot 18, Friendawood Gardens according to the plat thereof as flied 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); • Beginning at a point marldng the south corner of said Lot 18 and said point being on the . northwesterly right-of-way line of West Shadowbend Avenue(60'wide); 1. Thence N 48° 16'55"W- 137.77'with the southwesterly line of said Lot 18 to a found 1/2" iron rod for corner; 2. Thence N 41°43'05" 13- 12.50'with the northwesterly line of said Lot 18 to a point for corner; 3. Thence S 48° 16'55"E-137.77' to a point for corner; 4. Thence S 41° 43' 05" W- 12.50' with the northwesterly right-of-way line of said West • Shadowbend Avenue 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 Si Company . Job Number: 11-964 -ESMT 10.doc 05-24-2010 • • t 1.964.13$MT 10.doc • • �` t 1 • • GARDEN DRIVE1 \ .- LOT 18 . N FRIENDSWO0O GARDENS — L47 17 ( VO. 2154-A. Pa B3 G.C.AI.R.) • e ! t ot:b CO LOT Of• OT%P dERO>{E JOSEPH KM,ET t}X TO Q�,y i ^ SAW L MONTO K A0.d UK WtWAM SC01T RUM,ET UX P1"" 7� __ rasa:+a PAT (910333 007-42-0931 13.0.0.R.) I y ---''' / X (mattatat0 X0ias�oaoal Olt cs m 02-26-1991 ' �tc*` ! ta'= ��.. ,i/ N 471J b3'E a ,` —0 \ \-Aetrs'. I 1 1 ...- Ail!. .,12.80' 41t!-- • env .► .� � � / McPsTlial" !I' 2LA9 9�r ° �' >f 'la 6 137.77' _�+' :r/ } 1.1 tt x�--- • S 41 43Yf.s'W' 1 't re Ovro �} •' N 4816'•'• W 137. Bd int 11 ••—••••— IF 3 IS I owe >V 14 en sumRICIWOO.tAtt missRPM VIA SIP "`» • .��► Iliaill y>;8 >a4 {0 8, ac�"° DM a=PO P.O 1�: caat+ �' oar ME Oa en poetBoa-PC. ° ss wir a t-o t•� y 16i • 1wxe tRmc MOO �-~ oonc 1l iti t = L 0 7 8 r�rw^__.�� EASE,: 10 • FRIENDSWO0D SUBDIVISI0N OWNERS: WILLWU SCOTT PUMA Er ux ,s,a, (VOL.264. PO. 31'0.0 1.R.) ` usmei '.DIMrA a a. ti Lxgar Ru 1 0 w` °' �' IARD DURUM adhua' s 3,�m o 't 666 h a`s to `na"�`�t0R6"N0 vniRa root eam ON ova Lam DRAINAGE EASEMENT Maas aas�satvai"rai v s6VI' El m n" 1.722 SQUAB FEET Our OF t'ia� wannare one113. 7. o"ttir 'suns tn+ `e" o FRIENDSWOOD GARDENS laltWN ate. v"avuatsa.uRo suawtwr'wawa R11(� r = w (VOL ED4-A. PO. 83 G.CJA.R.) • ,.p► mil.w Rlo'IiOt ec�' a"POMO W No aaAGr�ITs"arm w.Im ': a w.W1tl a"1A«i. ' aiaw Rtt g T ns:;4 a was Roos mists w.ems stun to w. FitIEN0SWO0D, QN Yl6TOK ewer.7E1"'" pat. 94-* is t'•Se Ina KO tt. $ . u.aa.grsea+v • • • • ,. • 1. ' i FILED AND RECORDED Instrument Number: 2016048821 Recording Fee: 50.00 Number Of Pages: 8 Filing and Recording Date: 08/11/2016 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 - �� `-' 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.