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Home My WebLink AboutEasement - GCCDD - Richard Bockart and Shirley A. Bockart 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. RECORDED BY SOUTH LAND TITLE, LIC EASEMENT AGREEMENT GF #_ i t ': I" ' ==' . Grantors: R. L. Bockart, a/k/a Richard Bockart and wife, Shirley A. Bockart Grantors' Mailing Address: 404 Sedora Drive, Friendswood,TX 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'ilesetlibtdtinTaragraph2:belovv,.Grantors grant to Grantee an easement and right-of way•upon'ari€aerosslheproperty 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 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 4. While any construction,repair or maintenance(collectively, "Work")activities are ongoing Grantee may use, as would beleasonably 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 fora period,of two(2) years. On completion of the Work, Grantee shall replace and restore all fences,bndg s, paths, or other structures that may have been relocated or removed dung the Work:, The Drainage Easement, and the Temporary Easement are collectively referred to herein as the"Easements." Grantee may establish reasonably practical rules from•time to time concerning use of the Temporary Easement if approved in advance by Grantor. 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 swales and culverts. All work and materials will be at the sole expense of Grantee. Duration of Easement 6. The Drainage Easement shall be perpetual. • .Warranty of Title 7. Grantors and Grantors' successors and assigns shall be bound to warrant and defend the rights conveyed in this instrument against every person whomsoever lawfully claiming or to claim any interest in the property covered by the Easements or any part thereof, by, through or under Grantor, but not otherwise, through the date of the execution of this Easement Agreement, subject to the Grantee's receipt at closing of a policy of title insurance insuring Grantee against loss under the provisions of the Title Policy. Exclusiveness of Easement 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 Temporary Easement is non-exclusive, and Grantors reserves the right to take any desired action with respect to the property covered by such easement as long as such action does not materially impair or conflict with the rights of Grantee set forth herein. Insurance 9. Grantee shall maintain Orkrrian's compensation and liability insurance covering Grantee for claims arising from or•.rclated- to ongoing Work. Grantee agrees to name Grantor as an unrestricted and unconditional additional insured on all liability policies, and to provide Grantor with.a current'Certificate Of Insurance on request. Grantor shall be named as an additional insured Until`the'right to use the Temporary Easement has expired, as set out in paragraph 4. . • -• 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 Drainage Easement 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 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 he enforced by restraining orders and injunctions(tempor'ar r or permanent)anent)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=luired 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: rind 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 '_1 _ day of OdV , 20I6, at Friendswood, Texas. GR SA:N' l R GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT Eh. Its: Board President 4815-1938-5903.v.2 STATE OF TEXAS § § COUNTY OF GALVESTON § IlEFoR.E. ME, the undersigned authority, on this day personally appeared 6In4i,9604.1iteViAl known or proved to me on the basis Of satistitetoty evidence to be the person hoe name is subscribed to the foregoing instruments and acknowledged to me that he/she executed the same for the purposes and consideration therein stated. te GIVEN UNDER MY HAND and seal of office this day of worm, , 2016. i „ l , , il fflivs.--- ‘i , ie, State of Texas ;SL:;TA, Notary Public,State of Texas ( .o • V,.....# Cornm.Expires 08-224018 I me, Notary ID 125811807 1 4815-1938-5903,v.2 STATE OF TEXAS § § COUNTY OF GALVESTON § k FORE:':k.M . the. undersigned authority, on this day personally appeared II 'LI � k..k.e , itr.4s, a 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 thidt,day of Ocji :2016. licd,it l ..'ot.ary Public, State of Texas + Y. c MARK HEIaAKER wt'° H�•T Nofary Public,Stafa of semis t's� Comm.Expires 09-24-2020 4444 �• Notary ID 11963520 4815-1938-5903,v.2 EXHIBIT"A" EASEMENT 18 MI BOUNDS DESCRIPTION 5,170 SQUAB FEET OUT OF' LOT 8,BLOCK I FRIENDS WOOD SUBDIVISION PRIENDSWOOD,OALVESTON COUNTY,TEXAS All that certain 5,170 square feet out of Lot 8, Block 1, Friendswoad Subdivision according to the plat thereof as filed in Volume 254,Page 37 Galveston County Map Records, Frlendswood, Galveston Count, Texas and being out of that mtain tract as described in a deed dated 04-30-1973 from R, Bogart and Gary D. Taliaferro to R, L, Boclrart, etux as fed In Volume 2365, Page 443 Galveston County Deed Records, Friendswood Galveston County, Texas and being more parculardy described by metes and bounds as follows(bearings based on Texas Coordinate System of 1983,South Central Zone); Cormneming at a point marking the west corner of Lot 1,Block 1,Garden Oaks according to the plat thereof as filed in Volume 18, Page 648 Galveston County Map Records; Thence S 484 15' 39" B— 836.80' with the southwesterly line of said Lot 8, Rio* i ,Eriendswco : Subdivision to a point marking the west corner of said Boat= tract and the POINT OF BEGINNING' of herein described tract and from which a found 1/2" iron rod bears N 54°54'09"B—0,46'from said point; 1. Thence N 41°44'21"E— 25.00'with the northwesterly line of said Bookart tract to a point for coiner, 2. Thence S 48° 15'39"B -- 206.80'to a point for corner; 3. Thence S 41°44'21" W--25.00'with the southeasterly line of said Bockart tract to a point for corner; 4. Thence N 48° 15' 59" W-206.80' with the southwesterly line of said Bookart tract to the POINT OF BEOINNINO and containffig 5,170 square feet (0.1187 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 I Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L.Davis&Company Job Number: 11-964-ESMT 18.doc 05-24-2010 Revised 07-30-2013(Up-dated vesting deed) • 11-964.SSW 18 r� L. 0 T 8 BLOCK 1 %^ ti glom, OOD SUI N ,o�ro • i M in#r RL BOOM AHD WRY D.=me TO I 1srs 9«i Aiiiri'a i• ., ie0.0i f t: ..v ,k.-:n ._ ' ° :04 V. 012193 anti tom a 0 m a arm m®� '0 :0 '0 e St WO ,Prig 0yr 737Q. VOL 264, trD fRIENEXIMOIkiktooft VISION ' ' WPM tad Cmr ar ' k`�: 8s ` e ss ow Mir xaa, tor MOM ..�, AraSt.. { 1g .�.j Ali a l : `W .t'3Jtt &�G .lif-31#'4 Y'4° St ti 4M .. @�'l3 MPd 4'a''�aMYy�14'a '�t A f raos SPASM A,,' 'RJ11.i Pk 4464 qy�� aw5 X am, f G V W t i N :y :: .,,t. am"lti. @ NkVItr fa.Nitta low 14.064 .. • • 1 FILED AND RECORDED Instrument Number: 2016064751 Recording Fee: 54.00 Number Of Pages: 9 Filing and Recording Date: 10/21/2016 8:13AM 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.