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Home My WebLink AboutEasement - GCCDD - Timothy Wayne Philips and Mary Munoz Philips 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 Grantors: Timothy Wayne Philips and wife, Mary Munoz Philips Grantors' Mailing Address: 116 Garden 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 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; 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 004-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 004-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 004-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. 043. EXECUTED this day of Ake */ , 2016, at Friendswood, Texas. GRANTO NTOR Timothy Wa e Phili s Mary Munoz hilips GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: 49 Its: Board President 4815-1938-5903,v.2 Parcel 004-Tributary STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared Timothy Wayne Philips, 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 thereinre stated. GIVEN UNDER MY HAND and seal of office thisYday f k, .* , 2016. ,�"'R�A'% MARK HEIDAKER 774,474."k Ar/ 0... V= Notary Public,State of Texas Notary Public, State of Texas Na :� My Commission Expires -,.„4,•'",,",` September 24, 2016 1Fpctp } hI!!1!lf1A STATE OF TEXAS § § . • COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared Mary Munoz Philips, 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 this4ay of /4. .4,1 , 2016. `'"711•7 MARK HEIDAKER §=.).: PLe,r Notary Public.Slate of Texas 4 My Commission Expires Notary Public, State of Texas `-',No4•00r•A September 24, 2016 , -7/6„.4 i‘i,_,4)4 STATE OF TEXAS § § COUNTY OF GALVESTON § 1 BEFORE ME, the undersigned authority, on this day personally appeared local W140.41,-- , par.,. Pr-,.s;e 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 this ay of ) 2016. t�v� � 4:44.0...; RHONDA 1.SYKES `[ Notary Public.State of TexesNotary Public, State of T as • , '� Comm.expires 0546-2020 ; ,° ,`°are Noiaty ID 4767434 4815-1938-5903,v.2 Parcel 004-Tributary EXHIBIT"A" BASEMENT 4 METES AND BOUNDS DESCRIPTION 1,722 SQUARE FEET OUT OF LOT 12,FRIENDSWOOD GARDENS ERIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 1,722 square feet out of Lot I2, 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 follo vs (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 Friendswood Gardens and said point being on the easterly right-of-way line of F.M. 2351; Thence S 48° 16' 55" E —275.55' with the southwesterly line of said Friendswood Gardens to a found 1 114' iron pipe marking the west corner of said Lot 12 and the POINT OF BEGINNING of herein described tract; 1. Thence N 4I° 43' 05" E — 12.50' with the northwesterly line of said Lot 12 to a point for corner; 2. Thence S 48° 161 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 12 to a point for corner from which a found 112" iron rod bears S 31°56'06"W—0.29'from said point; 4. Thence N 48° 16' 55" W — 137.78'with the southwesterly line of said Lot 12 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 4.doc 05-24-2010 11-96A-SSMT4.doa • . e GARDEN DRIVE h- i al FRIENDSWOOD GARDENS IAru --' LOT a ( VOL. 254—A, PG. 83 Gy.C.M.R.) ..--al Noe CK4?IFs RIVES eopt+A tLE I%T+Er vEr. 10N METRU15 (2D07O790a505-23-20027a2 GaO.ifa X (200504O996544 C.COA.) LOT 12 Win 10N0 W ifJAMES M. iE (J113MDeD u+rUOEST.OIIE-HALF,SORE OR Lan To NA TO EASEMENT a (9I AN x ela 0NA LEE WHO WO. F4 ALF MANAGEMENT, LIEU. (Z0OOKU$ZDA G.C-OR1 • Q. (2OOor 5t5zC.aR} fl OS�S Acrea1-2�-WOO I,, (�1,722 sq itj 1 WQOD 1\c4.2. q 10 1 ace-C INNl1NIS FTPGL PLAHEFAO 0 memos I L' _.� ' _cart_ 5'48'1650"a i'37.•78' • _ s+@ D ,0 _,�. ti 4r 4J'03'E1 .w. ...... ..... .Q:ro_.. lJd_OP.SZ�_��%r,�.,Z o 1211 TOP . ,i ro 461e "W r37.78' comele PT---"-" S 4s `oo'W _..-- __.._ i' rATTa l..11 TP man' S ameba w-azs' 12.54` �� Lc) r+ 2qa._...-._ .-,7---...-•.—-... -- -. ... __.., .� .� .--..M01M0 TOPS_.W. r.._...--... N i G11E0 3.039 AOAES — -- WO �- _11 _ __ — ..__. LOUIS F.007A EY UR.._� — __Z1 r..-----.—— .ft �pz1 b� +�r Ose o a uldu9 E1005be.er M. >air To .— oat 0,,,„uaTG ma»_nod ac0.rt1 1++ OYa6-uu0 ......—•— •-.._..._ ._;r- — _ _ ....... — mi 6F sL4Pe -`1 �_ °�— u 1•ti --- mg, BLOCK 4 1 ,r�a K ly r �'��,`1 FRIENDSWOOD SU6DM$ION EASEMENT 4 i• ,, (VOL, 254, PG. 37 G.C.N.R.) j� OWNER: AU MANAGEMENT, LTD. E. C.L DAVIS & CO. ISM pp'qqo Ertr >L THE OIJRVSYOR AA6 POT A08MAOTPO THE TS To 'r Zx1 D19 901�17546 PR0PFjITY OUT HAa AEITED UN TOP RRUHTS TITLE "�TAAOf W000 MOM SU9JFIT 70 COY Cr smart To PAONOE DAD 1rOPI00 as THE 9ug1E�r MUM Di011W-00E. XeAffD SI{U�R/VSrYIi3EASEMENT G��C`. .�/� PRDPIITTI AND EWIAIOALMONERS. 6.YT 7101RIP MUM &eCO OR coy W LEGEND DRAINAGE LI'7aj1y] lYF -. 2.YHE T!UN SEe1S7G5 51[pWN IS Ta FRIHIOS M DO 010.05 0 mar 1Y COMPANY E OCa TH1i M OW COORCIROE aTsrEN ar 1re, CPYR aaD aEs To owm0o SuarAIE Fart. -�slM oar P-IC 00N nDD Ira; '722 SQUARE FEET OUT OF R RESPDNslaax roR VOOACA71aH wart. CTNIILO.ME U I0 GOUNO L0Lh0 N N[A�'0 fE000311 ie A THE 001011NG/OR INPROva 104T5 9N01TN R000010 Y.TIOO 1110501 PpI1.wA[19 ACCO�AHICD BV A SfPAnAYE ODOR MUM WAY MOM.0000009 LOT 12 REPRESENT 1N6 WILHE Al GwouziO NOW mat. 11 AHD NOUN)!Oas0P1Pn0H PTA TFxos I WE GORE OMRr5T0N COUIMI'PAT AECEO09 ENS mess omen n narE'0. bwo P 11 mg:OP ING FRIENDSWOOD PG. 83 G.O. s• .THE UT,Ty AAFURiC4NCCS r+a.way cm,fdela. OP P�u AND PRA ILe 10000N amnia w6NrD C 'r (V0L 254-'�Ae G.C.Id.R.) g 9NOIhT1 HEJ Xf TRd5E Ld R STeE WIE /CAP SWIPED C.1.MN9 APIS WW FRIENOSWDOD, GALVFSTON COUNTY, 7�(A5 OF S0tNET•IH ISAI NDT"UN a Dario AOng smarm W.oAVN.iGP.L,.N0.AMA DATE: DA_26-ZAIOl0eran Y-]a 149 N0.:11-864 I 11-961-21ASP•dyq FILED AND RECORDED Instrument Number: 2016078309 Recording Fee: 50.00 Number Of Pages: 8 Filing and Recording Date: 12/27/2016 3:49PM 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.