HomeMy WebLinkAboutDrainage Easement Agreement c 0 r-„,
DRAINAGE EASEMENT AGREEMENT VOL'gi o416.24 3
DATE: May .10 , 2008
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 depicted in
Exhibit"A"and described 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
ft
By: 111' . _�-(.wy-cl -
Bar•ara S. Durrant
Authorized Representative
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the du day of Moi , 2008,
by Paul J. Clarke, the Manager of Duck Haven Management, LLC., a Texas limited liabdfity company, the
General Partner of DUCK HAVEN, LTD., a Texas limited partnership, on behalf of said limited
partnership.
•
civ
Notary Public in and for The State of Texas
,r T LINDA TRICE
j Notary Public
11 STATE OF TEXAS
•'y Comm.Exp.Oct.30,2011
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
By: / _ /
Name: Ld5_AL2y i��/G.�»✓V
Title: &)CEct4 / AY
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the C'4 day of Al4
by L a r r vs C V. I {e, ,the E ✓P Frost Bank, on behalf
of said banking institution.
Notary Public in and for The S -
SEAN THACKERSON
Notary Pi*I
\ STATE OF TEXAS
r<4 4�, My Comrn Exp.01-05.2012