HomeMy WebLinkAboutEasement - GCCDD - Wilmington Savings Fund Society Notice of confidentiality rights: If you are a natural persons you may remove or .strike any of thefollowing information from this instrument before it is filed for reenrd in the puhlla .records: your Social 'Security number or your driver's license number. RECORDED BY SOUTH LAND !mutt= EASEMENT AGREEMENT GF Pt..1 ia. Grantors: Wilmington Savings Fund Society, IFSB,.dtb a=.Christiana rust, not individually hut as.trustee for Pt tiuna Mortgage Acquisition Trust Grantors'Mailing Address:. Alta Residential Solutions,1,1_,C 130 Data..Dri'e Ste 110,Draper Utah.84020 G nt :. Galveston County Consolidated Drainage District,a.pofi.tieal ubdivision of die State of Tex.as Grantee's MailingAddress: 1.605 Whitaker Drive Friendswotad,IX 77546 Grant of Easement For the consideration described in Paragraph 2 below,.Grantors grains to Granted an easement and right-of-way upon and across the property belonging to Grantors described in Exhibit A attached hereto(tlie"Drainage Easement"), Consideration 2, The eaaemen s described in this. Agreement are grunted in consideration of the rantees payment to Grantors of the sum of Tea and.No1100 (VOA)O..0 3)Dollars.. and other valuable consideraat claa,:the receipt of e ma It is aatl :act e;l ed: Character of Easements 3, •This instrument grants easements in gross,. Temporary Easement;eaa ent; At 00 Easement 4, Grantee may ae ess the Drainage Easement, as would be masonaalaty pract ct 1, by crossing. any other property owned by grantors from any public or private road or other easement to which Grantee ha...aceess!the `Ace ss f<asexnen;"), Additionally, while any construction, repair or maintenance (collectively,tively, "Work') activities are ongoing Grantee may use, as would be reasonably practical, up to an additional Len (.10).fee outside the boundaries.of the Drainage'Easement on a temporary basis for activities related ;o.the Word (thy "Temporary t?,aa einent"). ` a lnw right to .use. the Temporary l use r t t 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 shalt.replace.and resiurt: all fences, brides, paths, or other structures that may have been relocat'd or removed. during the Work. The Drainage Easement, :the Access Patted 009 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 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 casement 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. 4815-1938-5903,v.2 Parcel 009 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 be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders 4815-1938-5903,v.2 Parcel 009 anti inj n c?tip will be obairiaNe:on.proof olthe c.istence of interference or threatened interference,and will be obtainable only by the parted, to or those benefited by.,this agreement; provi:;ed,however, drat the act.of obtaining an.injunction ction or restraining order will net be deemed to be an election of.remedies or a waiver of any other.rig t.car remedies available at law or in equity. Legal•C€nstni tiun 20. if any.pr°ovislon in this agreements for.any reason unenforce;able., to the extent the unenforce4lility does.rim destroy' the basis of the.bargain among the parties, the will r ' anyr o sa o t < l be tratrriYl�rceaibilit� not aw� c#� other provision hem-of, and this a�i•cLrit�.ri: will €3y e.onstrited as:itthe unenforceable provision had never been a pat of the agreement. Whenever context regUires, the singular will include the plural.and neuter include the afzascitl.ine Or fernferninine gender, and vice Versa. :' rtielc an :section headings in:this agr'eeement are for reference only and are not intended to restrict or de-mettle text of any Section. This agreement wiling(be consulted more or less.i ivorably between the parties by red on of authorship or Origin of...language. Notices 21.. Any rt gic':'# .ittuired o:'•.peratiltid under this agreement must be in writing. Any: notice required by this agreement-Mil be deemed.to be delivered(wl ether'act sally received or not)when deposited.wi tit the United States Postal.Service,postage prepaid, eertitled: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 etreetive when actually received. Any address for notice may be clanged by written notice delivered.as.provided herein.. E3$.E`,al.l'h: 3 this day .v of , , `01 s, at a. .....biefi.lik ..3 GRANTOR Wilmington Savings Fond Society. •51 ..d#h!a Chdacisna Trust, not individually hut as'trusiee.for Prelim Mortgage Acquisition"Trust Residential Solutions l.l.. '. tik Attnrneydn$act • % L...aurn orris Authorized Agent 4515-1935-59 ,a 2 Fares r 09 GRANTEE .LVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By.: 442-iff/Afiesa—Z-- its. Board President STATE OF.i UTAH COUNTY OF f AL"7" 4,11 X E BEFORE ME, the undemigned authority,ority, on this day personally appeared i .4#u .: :_. ....., known, or proved to me on the basis of satisfactory evidence to be die person whose name is subscribed to the foregoing instrument, and acknowledged to me that helshe exocutui the same for. the purposes and consideration therein stated. GIVE I NDER MY HA. I)and seal of office this,day of ` �, AI?. reitiiteL Notaryubtan, State o.t Utah '*'+4':'. $:i,,,4, .t.:0;5:4 s suftro. oreitttl,- .,:‘ , 2:: 4616-103£ 5#13,u,2 STATE OF TEXAS § COUNTY OF GALVESTON § EFORE E, th un rsigned authority, on this day personally appeared 11/c40 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 of ice this day o /14 , 2017. ��"""%%% MARK HEIDAKER Notary Public, State of Texas 4 f .` ,r.Notary Public,State of Texas Ve6...Prigf Comm.Expires 09-24-2020 ''h, l�`, Notary ID 11863520 After Recording Please Return To: PAS, Property Acquisition Services, LLC Attn: Mark Heidaker 19855 Southwest Freeway, Suite 200 Sugar Land, Texas 77479 4815-1938-5903,v.2 Parcel 009 EXHIBIT"A" EASEMENT 9 METES AND BOUNDS DESCRIPTION 1,722 SQUARE FEET OUT OF LOT 17,FRIENDSWOOD GARDENS FRIENDSWOOD, GALVESTON COUNTY,TEXAS All that certain 1,722 square feet out of Lot 17, 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— 964.45' with the southwesterly line of said Friendswood Gardens to the west corner of said Lot 17 and the POINT OF BEGINNING of herein described tract from which a found 1/2" iron pipe bears S 01° 16' 40"W—0.32'from said point; 1. Thence N 41° 43' 05" E — 12.50' with the northwesterly line of said Lot 17 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 17 to a found 1/2" iron rod for corner; 4. Thence N 48° 16'55" W — 137.78'with the southwesterly line of said Lot 17 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 9.doc 05-24-2010 11-964-EMT 9.doo • co GARDEN DRIVE \ LOT 17 \\ H FRIENDSWODD GARDENS LOT 16 ( VOL. 254-A, PG. 83 G.C.M.R.) L01 10 CO QI+T LOT 17 anon JC Pl iCOO.ET IDL — - LOT 16 4ARLEY E. LEONARD,4R., ET DX. vwat SCOTT 20.I6701.O 22 11100.21 R INK7NU.V 10. 't TO 010202 02 220-1fy11 4JC.0A) = ciepa CHARM 01�Dlrt lvu6 i,•T+. SEVEN C. PATE X ( 051310 UM.) (2001001654 015-36-1401 G.C.O.R.) 00 CC +0-10-2a9e 02-27-200I 10 P S•^. mute rot 0 W ^'' ,t}�1a 20 �� ' 46A-toy taco TOPS \ �G 0. 9S e is, C 0. U0010 Tool �1' 8 ( i:cab rw; _ f0, •�N 4f43'09'E +4'�+ • uP +tp .y�....,�. ^� 72.50' 70 O 1 q�' CORE MNCCQpNdICI iIT`(]frr 1 TOP SRN, Oit _ .-- — — ,410 S�B'1B'Sr!"137.7 —._—._ a�D �c pQT EASEMENT 8 I2TC `� iiHO_ _,,amp_Toe.�nacC81 �yq� 101 ; • _ • .�•-� 8f , — — -•_ p•--' 1 T —C1gTF�i>Tp T0i ar'a06t'ot® - — �i�ivm� 81S6AtBN! l / myo 5 48I6 SS"f 964.4�pR>t ,. OT 'D i d100Dt N 78'16.55'W 137.78' lid T+.(� S I11307•{S,r'E--~ 12.50. EASEMS'NT I1 01+ lob' 011 N �—._ tBrEAEAICE PT. —— __—YOV1.O 1op 0 01-t0Y0'C-an' oar, • 1 10.0.POOL Q. eOtRVWrf• t _ __ 3 I -----I \ ��uOUMD TOP ' -•- • K • . • CCMYpY/7�E' r r 011CC SIDE. I 1 I 1 L O T 5 ctu c:oo ACRES BLOCK I mom)Tt.OgPp[N,ET OILFRIENOSwo00 SUBDIVISION a«t>A, , EASEMENT 9 1----J (VOL 254, PO. 37 G.C.Id R.) 000.,2 71.PR 1121 2.eaRa OWNER: STEV/EN C. PATE I,RC 9um1¢r00 KS 1 TPIE 1041 OT C.L. DAVIS h CO. POiv000.tm/G n1w P RO'tCR OUT CAS P6A0 01 t0i WATS 001 a TRACT TolOAN W O CL Urr Oi �+ LAND SURVEYING u+-R*-9wo Q11 C25L�TO 122021 Cams or TIC WOICCf .. PROM,AC 4I011015. E UwUm Lo rtm thaw Wen Of Crtr OF DRAINAGE EASEMENT ti9E R IJDUrI CWP„, ORapt EEC[ND 2"MC Dgrb C DCcon MU IO Ut U.SOEO ro WDI tqy rt3 TD Oatitl[C QOVW ruInAES. �} SET S/OtAgx ROO./l...� co12 . iG9M1E srsm OF 19u.sour,I 2 gevaw,s wt+ainCnai 0, MO sn P-I AC Di bPlw,r 1,722 SQUARE FEET OUT OF weal:mkt unarm. DC A 4:41:031121=UT CCD e>rommf J.TNC 000o927 00 I101000/I1IIS 91OYv•RO110N r pp0 WWI,PLAT B ACCWiAMED or A APIMIC OMR OA�OR VOOITIT O/TICUL RECORD: LOT 17 UNLESS 0• �rxr MED. alOO17 SFAACE Ira utt1D o0 00,1..0E OFACRpTION Pa 11nv4 WC, cPn+n� da Lro1 1 aEcalcs FRIENDSWOOD GARDENS co PPwersDrla L.q swrtxalE tauuL akaa MWMC Rso,r.or-wr Not 254-A. PG. 53 G.C.M.R.) t.IC MN APIAttC$CCC(4.!sfq,poi..Riau. OI P1000TOCCI CC In1CTCOI EDC10.10J.19101 ,e ENOSW0 GALVESTON COUNT TEXAS b mldM NBEOK A,E ec„ AT TIIQ 011E STIta1RD�• PAS M6a FRtEMOStiY00D QN COUNTY, TE%OS �' A10 1M1 M CAYRJ� 6 WPC PAS STAYpm GL WMS.H.P.al.N0.sa01 • DATII Oa-24-20t9llSWA 1'.]7 D00 ti¢:11-E00 11_944-0ATEN9 FILED AND RECORDED Instrument Number: 2017023419 Recording Fee: 54.00 Number Of Pages: 9 Filing and Recording Date: 04/17/2017 4:08PM 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.