HomeMy WebLinkAboutEasement - GCCDD - Gerald A. Cooney and B. V. Cooney Notice of confidentiality rights: If you are a natural person,you may remove or
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EASEMENT AGREEMENT
Grantors: Gerald A. Cooney and B. V. Cooney LAM)Ttilf3; 11,C „,
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Grantor? Mailing Address;P.O. Box 2028,Friendswood,Texas 77549
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
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"), but only for ingress and
egress to the Drainage Easement and Grantee shall not store any equipment for any
reason, remove any trees or damage the, surface of the land in 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 and the Access Easement commences with the initiation of
construction activities on the property, and continues from the commencement date fin'a
period of two (2) years thereafter, 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
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Temporary Easement are collectively referred to herein as the "Easements." Grantee
may establish reasonably practical rules for itself from time to time concerning its use of
the Access Easement and the Temporary Easement but the rights granted hereunder shall
not be expanded thereby.
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 Drainage Easement shall be perpetual,but the Temporary Easement and the
Access Easement shall be limited in duration or use as above described..
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 and provide proof of same to
Grantor if requested to do so in writing.
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 but any within the Drainage Easement and not the
Temporary Easement or the Access Easement for the purposes set forth herein.
Rights Reserved
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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 coneeming 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 arid 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.
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Equitable Rights of Enforcement
19. This easement may be enforced by restraining orders and injunctions (temporary
or permanent) prohibiting interl'ixence 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 at any other rights or
remedies available at law or in equity.
Legal Construction
20. If any provision in this agreement is for any reason unentbrceable, to the extent
the unenfomeability 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 unenforct'able provision bad 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. Ibis 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.
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EXECUTED this / day of s v 2017 at /I
GRANTOR
Gerald A. Cooney and B.V.Cooney
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Gerald A.Cooney
a V. Cooney
.,
/
Pattel 02D
STATE OF TEXAS
COUNTY OF CALVESTON
This instrument was acknowledtzed befbre Ine on .May ?" 2017, b:‘,, GERALD A.
C0()N EY and B. V. COONEY, for the purposes and consideration therein expressed,
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Nbiary :f:Aate of lexas
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GRANTEE
GALVESTON COUNTY
CONSOLIDATED DRAINAGE DISTRICT
BY d1421446
1(2t44-`-'
Its: Board President
STATE OF TEXAS §
§
COUNTY OF GALVESTON §
BEFORE ME, the undersigned authority, on this day personally appeared
and , known or proved
to me on the basis of satisfactory evidence to be the persons whose names are 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 ,2017.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF GALVESTON § I!
EFORE E, un ersigned authority,on this day personally appeared
�!' Mtf.
,' }-i S,�c.... 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 thiNI`��day of 4 1 ,2017.
au-ki ..
,A'VI MARK HEIDAKER
fi 5� Notary Public.State of Texas o Public, State of Texas
r ' Comm.Expires 09-24-2020
''......g,llis Notary ID 11963520
68,10/
4815-1938-5903,v.2
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October 2016
Page 1 of 4
EXHIBIT A
County: Galveston County
Project Location: Liberty Tree Estates
Property Description for Outfall Easement
Being a 0.4091-acre(17,822 square foot)tract of land situated in the Sarah McKissick or
J.R. Williams League, A-151, Galveston County, Texas. Said 0.4091-acre tract being out of Lot
1, Block 1 of Liberty Tree Estates, as recorded in Volume 18, Page 37 of the Galveston County
Map Records and being conveyed to Gerald A. Cooney and wife,B.V. Cooney,by deed
recorded under File No. 8531040 of the Official Public Records of Galveston County, Texas.
Said 0.4091-acre tract being more particularly described as follows,with the basis of bearings
being Texas State Plane Coordinate System, South Central Zone 4204 (NAD83, 2011 Adj.), all
coordinates shown are grid coordinates and may be brought to surface by applying the combined
scale factor of 1.000128345, all distances are surface:
COMMENCING(N=13,756,372.11,E=3,174,080.91) at a 5/8-inch iron rod found at
the intersection of the southeast right-of-way line of West Spreading Oaks(60-Foot Wide Right-
of-Way) and the northeast right-of-way line of Sunset Drive (Width Varies);
THENCE North 41 deg.42 min. 22 sec. East,with the southeast right-of-way line of said
West Spreading Oaks, a distance of 621.00 feet to a 1/2-inch iron rod found for the northeast
corner of a called 3.39-acre tract of land conveyed to Stanley R. Langston and Lisa P. Langston,
by deed recorded under File No. 2008059468 of the Official Public Records of Galveston
County,Texas, and for the northeast corner of Lot 4,Block 3 of Friendswood Subdivision,by
deed recorded in Volume 254,Page 37 of the Galveston County Map Records, for the northwest
corner of said Lot 1 of Liberty Tree Estates,and for the northwest corner and POINT OF
BEGINNING(N=13,756,835.67,E=3,174,494.02) of said tract herein described;
THENCE North 41 deg. 42 min. 22 sec. East,with the southeast right-of-way line of said
West Spreading Oaks, with the northwest line of said Lot 1 of Liberty Tree Estates and with the
northwest line of said tract herein described, a distance of 25.00 feet to a 1/2-inch iron rod with
cap stamped"WEISSER ENG HOUSTON, TX" set for the northeast corner of said tract herein
described;
• October 2016
Page 2 of 4
THENCE South 48 deg. 17 min. 38 sec. East,over and across said Lot 1 of Liberty Tree
Estates and with the northeast line of said tract herein described,a distance of 637.72 feet to a
1/2-inch iron rod with cap stamped"WEISSER ENG HOUSTON,TX"set for an interior angle
point of said tract herein described;
THENCE North 86 deg. 42 min. 22 sec. East, over and across said Lot 1 of Liberty Tree
Estates and with the north line of said tract herein described, a distance of 71.27 feet to a point in
the center line of Cowart Creek and the southeast line of said Lot 1 of Liberty Tree Estates , for
the southeast corner of said tract herein described;
THENCE South 24 deg. 08 min. 42 sec. West, with the southeast line of said:Lot 1 of
Liberty Tree Estates and with the southeast line of said tract herein described, a distance of 28.17
feet to a point for the southwest corner of said tract herein described;
THENCE South 86 deg.42 min. 22 sec. West, over and across said Lot 1 of Liberty Tree
Estates and with the south line of said tract herein described, a distance of 68.65 feet to a 1/2-
inch iron rod with cap stamped"WEISSER ENG HOUSTON,TX"set in the northeast line of
said 3.39-acre tract and in the southwest line of said Lot 1 of Liberty Tree Estates,for an angle
point of said tract herein described;
THENCE North 48 deg. 17 min. 38 sec. West, with the northeast line of said 3.39-acre
tract,with the southwest line of said Lot 1 of Liberty Tree Estates and with the southwest line of
said tract herein described,a distance of 648.08 feet to the POINT OF BEGINNING and
containing 0.4091 acre(17,822 Sq.Ft.)of land.
This description is accompanied by a plat of even survey date.
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston,Texas 77084 .4 .
TBPLS Reg.No. 100518-00 44 '&„�, , .
TBPE Reg.No.F-68 • ER P SASS -�
Job No.. IL042 (W___ � �'P' 4
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After Recording Please Return To:
PAS,Property Acquisition Services, LLC
Attn: Mark Heidaker
19855 Southwest Freeway, Suite 200
Sugar Land,Texas 77479
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FILED AND RECORDED
Instrument Number: 2017029314
Recording Fee: 70.00
Number Of Pages: 13
Filing and Recording Date: 05/15/2017 5:00PM
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.
i itgam\ V` Al .
� �� `-' DwightD. S Wily an, County` Clerk
,, Galveston nCott n€t ', Texas
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.
