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Home My WebLink AboutEasement - GCCDD - Tom Westrum Notice of confidentiality rights: if you are a natural person,you may remove or strike any of the frallowmg it lorrraa€ion from this instru Men t before at is filed for record in the public records: your Social Security number or your driver's license number. nrEcoRD.ED 1W SOWN LAND TITLE,: €€C EASEMENT AGREEMENT Grantors:: Tom \4 estr-tam Grantors' Mailing Address: 104 Garden Drive, Friendswood, Texas 77546 Grantee: Galveston County Consolidated Drainage e District, a political subdivision of the State o1'Texas Grantee's Mailing Address:sr 160.5 Whitaker Drive. Friendswood, TX 77546 Grant of Easement For the consideration described in Paragraph 2 below, Grantors grants to Grantee. an Casement and right-of-way tii()Clrr Zara. :a.cross the property belonging to Grantors described in Exhibit A attached hereto (the -Drainage Easement"). Consideration z. The easements described in this Agreement are granted in consideration of the Grantee's pav€aaerlt to Grantors (tulle sl.trrl Of Ten and No1100 ( iit.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 n a2 a:'_uss the Drainage Easement, as ,!ould be reasonablr4` practical, by crossing any other property owned by Grantors from any public or private road or other i easement to which h Grantee has .tccess (tile \cces f.,.rse a nt''). :'- ddition.allt, \'?illy. any .nnstruetion, repair or Ma n ten;.r to (coil ect iv el y ''Work--) acti it Z\ are ongoing Grantee r " � i '�t�aL' use, as would be reasonably practical, up to ail alEfll ltai)rliil ttsl �l t}) feet outside the boundaries of the Drainage Easement on a temporary basis for ;activitie:s related to the Work (tile 'Temporary Easement"). The right to use the Temporary Easement c«mnnieracis 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, brides, paths, or other structures that may Ilas.4 been relocated or removed dining tilt Work, The Drainage Easement. the Access Easement and the Temporary Easement are collectively referred to herein as the Parcel 003-Tr=botary''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 003-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 003-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 27 day of .JI$L( , 2016, at Friendswood, Texas. G TO To estrum GRANTEE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: 7(1Z.V.41 Its: Board President 4815-1938-5903,v.2 Parcel 003-Tributary STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day personally appeared Tom Westrum, 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 p�7'day of , 2016. .4,�'' `N s~__ TRACY SEAMY 97 t•f --4— 11 My Notary ID#129119238 Notary Public, S e of Texas *• Of Expires September 12,2020 STATE OF TEXAS § § COUNTY OF GALVESTON § � r( BEFORE ME, the undersigned authority, on this day personally appeared I-�a,r„l d. n: .14ar ,('oard (�res:dw14 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 thisl°day of , 2016. r, RHONDA 1.SYKES , NotaryPublic, State of Texas ,p ' sNotary Public,State of Texas +�;•, ` Comm.Expires 05-06-2020 or„�n!,�� Notary ID 4767434 umimmiumumpagoignignOMINIMW 4815-1938-5903,v.2 Parcel 003-Tributary EXHIBIT"A" EASEMENT 3 METES AND BOUNDS DESCRIPTION 1,722 SQUARE FEET OUT OF LOT 11,FRIENDSWOOD GARDENS FRIENDSWOOD,GALVESTON COUNTY,TEXAS All that certain 1,722 square feet out of Lot 11, 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 follows (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 — 137.77' with the southwesterly line of said Lot 10 to a point marking the west comer of said Lot 11 and the POINT OF BEGINNING of herein described tract, from which a found 1 1/4"iron pipe bears N 60°56'29"E — 1.17'from said point; 1. Thence N 41° 43' 05" E— 12.50' with the northwesterly line of said Lot 11 to a point for corner; 2. Thence S 48° 16'55"E — 137.78'to a point for corner; 3. Thence S 41°43'05"W — 12.50'with the southeasterly line of said Lot 1 I to a found 1 1/4" iron pipe for corner; 4. Thence N 48° 16' 55"W— 137.78'with the southwesterly line of said Lot 11 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 3.doc 05-24-2010 11-964-ESMT 3.doo , ap GARDEN DRIVE a 4 F- FRIENOSWOOD GARDENS ' 016"P ( vol. 254--. PG. 83 G.C.M.R.) "' (0 LOT 10 ire LOT 11 la 1.0Trr 2� _ 1a M U�ET.U ult. CHARLES 9. FORB6 EaARx F.=CAM eft..n ug. EASEMENT 3 TO ro N1 uANACEVERT.110. X (encR mB.Pc 97 Qtox) , • CS 0$$5 TOM WE5fRUl1 tmo t scox) 07-03-2006 X o7-is-�o7c Piro sq (2005045954 G.C.O.R.) V uroO t +mil 20110 07-06-2005 " %taco - i W V s0 Al 41 43'OS'a Oszr i a4NN1WK FENCE PlN/IERS 41'.005' IN 7ar_euac 12.50 tI% ' ova=lance z*r yµ .__�or t250' _W� "'tT- CT a - -a1 `� = c —n f65:_,_� 137.78' _.c.O R4SEMg1VT Z ..- Toe aP.sLOPe—•— — Vora — —'—•—•— — — --•— -- .—.— 1RAS8 6NT 4 . ' s 48 r655" E. r37.77' m¢a 47,.. —' —N 5'1555' W 13778'— IT - — M _ KOUN0 T06 _rn•� \.. irP{.,,.O.8.:�,— — _ VI--� _.— .— _.——.—._if _ K011Na roP -- Y' Riot-t 4TP 7 ^WS F.MED aGM 039 Q W N N 'a- 3.17' r� Ts o,7 TO KUNO TOP — __ _ r7 WORM P.x t Er 04--_._—• ^0 —� onro— • •#---.—(2Oaoo(u7o oi4-ot-11ss¢c R.) — aso SQ�P_ 'WO 024ro Os+ro ,f_env w-as zoso o�� MOJNQ TOE .__., -• ._ ._. �.. ._ y',c/., ZR sa10 UE0it 774 ACRESME. ux LOT—¢ _. li r_ —.n v- 6vv • MAD.A.SEWER.Er A1. BLOCK 1 61 I .�.ERAL `.....s.,, (zoo-lawn =c.o.) 0 FRIENOSWOOO SUSDMSION ' , 1 iv. Also See (VOL254, PG 37 G.0 11 R.) °°3 g� ) % ��-7 cAUEO 09374 AXES i LaUS a.002A.et 0% I ( STUCCO OLoa J/ To 01W/01 CLAY MIL ET U% (94-34922 013 74-0013) EASEMENT 07-09-1999 OWNER: TOM WESTRUM 1 THE SUMTE R WS Aar ABSTRACTED nq SuBaC350° _ T C.L. DAMS & CO. ' 77043 PROPERTY on MAs 06RELIED06 ON roc or 1146 rRLE s s�o mum °TM c` LAND SURVEYING =a1-02•4 3 9swag 01 rP o pIi01AaE 0 or na 6.w00%am o moms swarm BOZO 0M OW as 2.OM WAss OP SEA Mcs SAWNw. 70 .m MSTFOOO WARMS a MOT COMPANY DUCKttcYA» DRAINAGE E4SSEMENT DIC m 2 CDa30WAR WSW Cr 1941 MARCONTRFORIF is FUR TERWICA 00 CI MIN Fan nes To 03311$0 SURFACE ' CPR) act P�It f17�N W ASPrUJ.T mum ZotL 1,722 SQUARE FEET OUT OF tp�kF6Rd11D taliOptES GORR LL'1..�fl'cCY COUNT CCE0 RO' E 3.ME SUBORNS Cr OONEN NEHTS S1NOL HEREON 7.WE SURKY A/17 6 IYCCOa1PANIL9�'A 6FPAR7RS wawa,DIE o rac Ar gime sum=uya. WE anao MHOS ACCO P AN:PSO TA SE ARA E ECM tai ION 001Hn FRIENDSWOOD GARDENS wages mount NOTED. P & MET OP UEGINIENC or PaccEasgnAr 1AMo 811RVETaRs roaxly, RULu q�y TocHT-ar xAY (VOL 254—A. PG. 83 G.C.MR) A.330E uflrY A9auttaag cgs(u., poMr.16wd, OF mecsawes Aro moms'swam onto), I/COP mTAMP15 Qt.OARS RPLS*464 FRLEN SW0OD. GALVESTON GOUMY.TEXAS .1 g / EAT ME IRE a G,,ppEy ROCS s1 JAPfp CA.OWE.R.P1.S.NO.M6A NNW/NO NAY NOT BE 0Am 04-20-7010 ISCALG T'-30.140a NO.: 11-904 FILED AND RECORDED Instrument Number: 2017006083 Recording Fee: 50.00 Number Of Pages: 8 Filing and Recording Date: 01/27/2017 4:20PM 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.