HomeMy WebLinkAboutEasementsDRIVATr Pa a EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZOS §
That FREDDIE A. WOLTERS and wife MARY WOLTERS (individually and collectively,
"Grantor"), for and in consideration of the payment of TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration, in hand paid to Grantor by LEROY S. FLETCHER
and wife NANCY M. FLETCHER (individually and collectively, "Grantee"), the receipt and
sufficiency of which is hereby acknowledged, has granted, sold and conveyed and by these
presents, does grant, sell and convey unto Grantee a non-exclusive perpetual private drainage
easement (the "Easement"), on and through the following described property:
[Insert description of actual drainage easement area] (the "Easement Tract").
This easement is granted to benefit a certain tract of land owned by Grantee and
described as follows:
That certain tract of real property located in Brazos County, Texas, containing
approximately 45.15 acres, and being further described as (i) Sandy Ridge I ["Parcel 1"
— 18.49 acres identified as R40363 (561300-0000-0000) in the Brazos County Appraisal
District records and shown in Exhibit "A" and (ii) Sandy Ridge II ["Parcel 2" — 26.66
acres identified as R13174 (004601-0010-0000) in the Brazos County Appraisal District
records and shown in Exhibit "B" (collectively, "Benefitted Tract").
The Drainage Easement granted in this instrument shall run with the Benefitted Tract
and inure to the benefit of the owner of such tract.
The Easement is granted over and across the tract of land owned by Grantor and
described as follows:
[Insert description of Freddie's property] (the "Burdened Tract")
The Easement is granted to allow the Owner of the Benefitted Tract to erect, construct,
install, bury, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and
remove, a drainage way, including but not limited to, a subterranean pipeline, over and across
the Easement Tract, to serve the drainage needs of the Benefitted Tract with respect to storm
and surface water runoff and drainage, and to cut, trim, and control the growth of vegetation on
the Easement Tract which might interfere with or threaten the operation and maintenance of the
drainage way. TO HAVE AND TO HOLD the rights and interests herein described unto
Grantee, Grantee's heirs, executors, administrators, successors, or assigns, forever, Grantor
does hereby bind itself, its successors and assigns, to warrant and forever defend, all and
singular these rights and interests unto Grantee, and Grantee's heirs, executors,
administrators, successors, or assigns, against every person whomsoever lawfully claiming, or
to claim same, or any part thereof, by, through and under Grantor but not otherwise.
To facilitate the construction of the improvements in the Easement Tract by the owners
of the Benefitted Tract contemplated by this Easement, Grantor hereby grants to Grantee, its
heirs, successors and assigns, a temporary easement to enter and use so much of the surface
of the Burdened Tract as may be necessary to perform the work described in the previous
paragraph. The temporary easement described in this paragraph shall expire upon the earlier
PRIVATE DRAINAGE EASEMENT Page 1
of (i) completion of the improvements within the Easement Tract; or (ii) two (2) years after the
effective date of this Easement.
Grantee shall be responsible for all costs and expenses associated with using the
Easement to direct or carry water from the Benefitted Tract over the Easement Tract, including
without limitation, costs of excavation, backfilling, dirt work, removal and replanting of
vegetation, the engineering and constructing any pipes, culverts and other improvements.
Grantee shall comply with all applicable laws, regulations and ordinances in the course of its
work.
Nothing contained in this Easement shall be deemed to be a gift or dedication of the
Burdened Tract, Benefitted Tract, or any portion thereof to any governmental authority or the
general public, or for any public use or purpose whatsoever, it being the intention and
understanding of the parties hereto that this Easement shall be strictly limited to and for the
purposes herein expressed.
This Easement is binding upon and will inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
This Easement may be amended only by an instrument in writing signed by the owner(s)
of the Benefitted Tract and owner(s) of the Burdened Tract.
WITNESS our hands this the day of June, 2007 .
GRANTOR:
FREDDIE A. WOLTERS
MARY WOLTERS
GRANTEE:
LEROY S. FLETCHER
►_►
190=991:121na
PRIVATE DRAINAGE EASEMENT Page 2
(ACKNOWLEDGMENT)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of
2007, by FREDDIE A. WOLTERS.
Notary Public, State of Texas
(ACKNOWLEDGMENT)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of
2007, by MARY WOLTERS.
Notary Public, State of Texas
(ACKNOWLEDGMENT)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of
2007, by LEROY S. FLETCHER.
Notary Public, State of Texas
(ACKNOWLEDGMENT)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of
2007, by NANCY M. FLETCHER.
Notary Public, State of Texas
PRIVATE DRAINAGE EASEMENT Page 3
AFTER RECORDING RETURN TO:
The Ellison Firm
P.O. Box 10103
College Station, Texas 77842
Attn: Brad Sharpe
PREPARED IN THE LAW OFFICE OF:
The Ellison Firm
P.O. Box 10103
College Station, Texas 77842
PRIVATE DRAINAGE EASEMENT:
BETWEEN FREDDIE A, WOLTERS and MARY WOLTERS
TO LEROY S. FLETCHER and NANCY M. FLETCHER
PRIVATE DRAINAGE EASEMENT Page 4