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RECORDED BY
EASEMENT AGREEMENT SOUTH LAND TITLE, LI r
Grantors: Michael A. Wegner and Janet S. Wegner. akin Janet L. Weiner
Grantors' Mailing Address: 107 Sunset Drive, 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 77546
Grant of Easement
1. 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
7. The easements described in this Agreement are granted in consideration of the
Grantee's payment to Grantors of the sum of Ten and No/I 00 (S10.00) Dollars, and other
valuable consideration, the receipt of which is acknowledged.
Character of Easements
This instrument grants easements in gross.
Temporary Easement; Access Easement
4. Grante.e 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 ibt 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 001 -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 001-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 001-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 day of XIvS , 2016, at Friendswood,
Texas.
GRANTOR GRANTOR
7
Michael A. Wegner Jan . Wegner, a Janet L. gner
GRANTEE
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
By: Siefiellifh4-
Its: Board President
4815-1938-5903,v.2
Parcel 001-Tributary
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
Michael A. Wegner, 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 f offi a this 051 day of �sr
2016.
ttk
�`""; TERRI SINGLETON Notary Public, ate of Texas
1- Notary ID# 125528696
�'^(I My Commission Expires
�., o• April 6, 2020
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared Janet
S. Wegner, a/k/a Janet L. Wegner, 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 O S ' day of /¢1,1 oaf.
2016.
10 , /
..
4401*
TERRI SINGLETON Notary Public, St. a of Texas
Notary ID# 125528696
e� My Commission Expires
April 6,2020
4815-1938-5903,v.2
Parcel 001-Tributary
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, thundersigned authority, on this day personally appeared -o 14
t 0p,14,r , Ge.o„At`rres;dencr 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'.day of At, 4-, 2016.
IT RHONDA L.SYKES
et, Notary Public,State of Texas Notary Public, State of Texas
0Comm.Expires 05-00.2020
to Notary ID 4767434
rc ►
4815-1938-5903,v.2
Parcel 001-Tributary
EXHIBIT"A"
EASEMENT 1
METES AND BOUNDS DESCRIPTION
7,621 SQUARE FEET OUT OF
LOT 4,BLOCK 1
FRIENDSWOOD SUBDIVISION
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 7,621 square feet out of Lot 4, 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 more particularly described by metes and bounds as follows
(bearings based on Texas Coordinate System of 1983, South Central Zone);
Beginning at a found 1 1/4" iron pipe marking the west corner of Lot 10,Friendswood Gardens
according the plat thereof as filed in Volume 254-A, Page 83 Galveston County Map Records
and being on the easterly right-of-way line of F.M. 2351;
1. Thence S 48° 16' 55" B — 609.70'with the southwesterly line of said Friendswood Gardens
to a point for corner;
2. Thence S 41° 43' 05" W — 12.50' with the northwesterly line of Lot 1, Block 1, Gordon
Estates according to the plat thereof as filed in Plat Records 18, Map No. 983 Galveston
County Map Records to a point for corner;
3. Thence N 48° 16' 55"W — 609.70'to a point for corner;
4. Thence N 41° 43' 05" E — I2.50' with the easterly right-of-way line of F.M. 2351 to the
POINT OF BEGINNING and containing 7,621 square feet (0.1750 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 "Genera! Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L.Davis& Company
Job Number: 11-964-ESMT 1.doc
05-24-2010
11-964-ESMT l.doc
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MICHAEL A. WEGNER. ET AL 1 o
(2000011470 014-37-1103 G.C.O.R.)
03-08-2000
EASEMENT I -
SHEET 2 OF 2
OWNED MICHAEL A. WEGNER, ET AL.
• Rea.. DAANIS de CO. jic „,,
LAND SURVEYING ten
DRAlN4GE EASEMENT `
7.621 SOUSEZ FEET CUT OF
LOT 4. BLOCK 1
FRIENDS SUMMON f ON
. (VOL 234. PG. 37 G C.N.R.)
. FRIENDSWOC41,6ALVFSIIN , ROCAS
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FILED AND RECORDED
Instrument Number: 2016063638
Recording Fee: 58.00
Number Of Pages: 10
Filing and Recording Date: 10/17/2016 11:10AM
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.
