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Home My WebLink AboutEasement DRAINAGE EASEMENT AGREEMENT DATE: August , 2007 GRANTOR: DUCK HAVEN, LTD., a Texas limited partnership 3608 East 29th Street, Suite 100 Bryan, Texas 77802 GRANTEE: DUCK HAVEN HOMEOWNER'S ASSOCIATION 3608 East 29th Street, Suite 100 Bryan, Texas 77802 LIENHOLDER: FROST BANK 777 Main Street, Suite 500 Fort Worth, Texas 76102 EASEMENT PROPERTY: That certain tract of real property located in Brazos County, Texas, more particularly described in Exhibit"A" and depicted in Exhibit"B" attached hereto and made a part hereof. EASEMENT PURPOSE: The purpose of the easement is for use of the surface only of the Easement Property to construct, install, operate, maintain, inspect, repair, reconstruct, and rebuild an open drainage channel over and across the Easement Property for stormwater drainage and to cut, trim, and control the growth of vegetation on the Easement Property which might interfere with or threaten the operation and maintenance of the said drainage channel. CONSIDERATION: Cash in hand paid, the further consideration of the easement grant and the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and stipulated. DURATION OF EASEMENT: This easement shall remain in effect until such time that the tract of land which the Easement Property is a part is platted. The future plat shall include sufficient easements, at the current location or another, to provide for adequate stormwater drainage. Grantor reserves the right to relocate or alter the Easement Property to accommodate changes in future road design or development configuration. Once the future plat is filed of record, this easement shall be abandoned. AGREEMENT. Grantor, for the consideration above, grants, sells, and conveys to Grantee an easement over, upon, and across, the Easement Property for the Easement Purpose for the benefit of stormwater drainage, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, successors, or assigns for the Duration of Easement. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the easement to Grantee and Grantee's heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. MAINTENANCE OF EASEMENT: Grantor agrees to maintain the Easement Property, for Duration of Easement, in a manner sufficient to allow for adequate stormwater drainage. Maintenance shall include repair, reconstruction, and/or control of the growth of vegetation within the Easement Property. DUCK HAVEN, LTD., a Texas limited partnership By: Duck Haven Management, LLC Its General Partner By: ` / Paul J. C ke— Mang STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF BRAZOS § 9 This instrument was acknowledged before me on the day of AU5USf , 2007, by Paul J. Clarke, the Manager of Duck Haven Management, LLC., a Texas limited liability company, the General Partner of DUCK HAVEN, LTD., a Texas limited partnership, on behalf of said limited partnership. akot No Public in and for T State of Texas 4 F EYAIBIT ,.A ,, FIELD NOTES 20'WIDE PRIVATE DRAINAGE EASEMENT Being all that certain tract or parcel of land lying and being situated in the B. McGREGOR SURVEY,Abstract No. 170 in Brazos County,Texas and being a part of the called 188.04 acre tract described in the deed from Thousand Oaks Development Co., Joint Venture to Duck Haven,Ltd.as recorded in Volume 4011,Page 142 of the Official Records of Brazos County, Texas (O.R.B.C.)and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2-inch iron rod marking the south corner of the called 188.04 acre tract,a west corner of a called 459.02 acre Lena Fachom I"tract described in Volume 1549,Page 80(O.R.B.C.)and being in the northeast line of a called 503.39 acre J.C.and Eugene Wade 1"tract described in Volume 159,Page 201 of the Brazos County Deed Records(B.C.D.R.); THENCE:N 45'00'00"E along the common line of the called 188.04 acre tract and the called 459.02 acre tract for a distance of 328.15 feet for corner; THENCE:N 11' 10'51"W into the interior of the called 188.04 acre tract for a distance of 377.92 feet for corner; THENCE:N 64'31'31"W for a distance of 227.84 feet for corner; THENCE:N 69'08'05"W for a distance of 112.18 feet to the POINT OF BEGINNING; THENCE:continuing through the interior of the called 188.04 acre tract for the following six(6)calls: 1) S 34'36'23"E for a distance of 144.29 feet for corner, 2) S 55'23'37"W for a distance of 20.00 feet for corner, 3) N 34'36'23"W for a distance of 138.07 feet for corner, 4) N 69'08'05"W for a distance of 265.30 feet for corner, 5) N 20'51'55"E for a distance of 20.00 feet for corner and 6) S 69' 08'05"E for a distance of 271.52 feet to the POINT OF BEGINNING and containing 0.1881 acres(8,191.8 sq.ft.)of land,more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Stan. • •- 'fications for a Category 1B, Condition III Survey. - OF 7.k. 4�AF_ �tP �`, �R(iw• (i(/�,a�. 8/80"7 KEVIN R.McCLUFIF R.McClure,R.P.L.S.#5650 -VRESS OO v sua CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easement. FROST BANK • 4 By: i...rll�wr► . �/�! _� Name: L=/� �l/ b Title: t STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF BRAZOS _ This 'n trum wa cknowledged before m r}�t \S day of N�CV , 2007, by , the V Frost Bank, on behalf of said banki�ution. No ublic in and for The State o exas :a„.464,,,, "ueSANDRA K.LAW Notary Public 1.14 STATEOF TEXAS My Comm.Exp. 12-29-2009 EX1131T " N 6 itti• V ,\ 1 ki Rei 1 11 \`\ `\ ' ,\ \` ---- _ ' \\\ .....-- k / `ko 1 _ .,- \ i 1 1 :Fr C \\ ____ \�\t I i5 \----- „co- .....--_,-"::-;\ \\ \` ktii I GgL � z in Z \�• \\ __ _ 1 $ as *41 4 i.40 i ii,.:.,,\)2\ ` a \ i. '';' .1\ \\ 1 $, a `4. \ �i �/ \ \ c% 1k 1 � I -\ R ' el \ I 1I • 1z go a id ;A 47 i 1 0 �F. I � kn v \itt CI irt I 1 I ei' l zki % , \ , / y RII \ • • 1o / / i I // / / 1 ,, / / I / / 1 i de / / / ' j/ / / 1 . a I / #`' / / /, 0 1 $ ,�� I I / / ' I I / y0 I �, / / Y 1 � / I ;L _I L • -- N i71--—MM. -- -- ----- — -- --- Na um Reforn Coad 48102k - atlit MC 1M4 Psi 90 ae