easement for by cni12242

VIEWS: 78 PAGES: 13

									                                  DRAINAGE EASEMENT

THE STATE OF TEXAS                   §
                                     8       KNOW ALL MEN BY THESE PRESENTS:
COUNT( OF FORT BEND                  8
       That PEDERSON 63 1, L.P., a Texas limited partnership, hereinafter called Grantor, for
the s m of Ten and No1100 Dollar ($10.00) and other good and valuable considemtion, paid by
     u
TAMARRON LAKES, L.P., a Delaware limited parh.lership, hereinafter called Grantee, does
hereby grant, sell, and convey unto Grantee a perpad, ~)n-excLusivea e e t for the purposes
                                                                       esmn
herein described with respect to the following described laud, to-wit:

       A 4.63 1-acre tract of land situated in Fort Bend County, Texas, and being a part
       of the Micajah A m y Survey, Abstract 100 in said County; said tract being more
       fully described by metes and bounds and identified on Exhibit "A"and depicted
       on Exhibit "B." which Exhibits are attached to and made a part of this easement
       for all purposes (the "Easement Tractn).

        TO HAVE AND TO HOLD said easement, together with all and singular the hereinafter
described rights and appurtenancesthereto belonging unto Grantee, its suuxsors and assigns for
the purposes herein set forth. The easement herein granted (this "Easement") shall be used for
drainage of surface and storm waters from Grantee's adjacent land described in a Deed dated
July 14,2006 firom700 Deerfield Katy, L.P. to Grantee, filed under Clerk's File No. 2006086134
and recorded in the Real Property Records of Fort Bend County, Texas, including as such
surface and storm water may be concentrated and otherwise affected by development of
Grantee's adjacent land, and shall include the rights to excavate the land within the Easement
Tract to create an open or closed, or partially open and partially closed, drainage channel
(provided that the "proposed box culverts" identified on Exhibit "Cn which is attached to and
made a part hereof for all purposes, shall be placed underground and the surface of the earth
above such culverts shall h e v d y graded and covered with g a s ; to .hstal1headwalls, culverts
                                                                rs)
and pipes; to construct mounds or berms for the purpose of preventing the flow of surface and
storm waters from Grantor's adjacent land into the drainage way m t d by Grantee w t i the
                                                                       ae                  ihn
Easement Tract; and to keep, maintain, repair and replace all improvements so constructed by
 Grantee. Grantee &.dlhave the right to remove anct keep removed all or parts of any building,
 fences, shrubs, trees, or other improvements or growths which, in any way, endanger or interfere
 with the consbuction, maintenance or efficiency of its use of the Easement, and Grantee shall, at
 all times, have the right of ingress and egress to or from and upon tbe Easement Tract for the
 purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or
 removing all or parts of its drainage kilities. Grantee, its successors and assigns, shall maintain
 the area of the Easement Tract and appurtenances thereto in a state of good repair so that no
 damages will result to the Easement Tract property or any surrounding property. Grantee shall
 maintain the Easement Tract property in a good, safe and sanitary condition and shall restore and
 repair any damage to the Easement Tract property and surrounding property due to any
 negligence, action or omission of Grantee, its employees, agents or wntractors, or their
 successors or assigns.
       Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the
Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by through or under Grantor, and not
otherwise, and subject to easements and covenants of record in the Real Property Records of Fort
Bend County, Texas as of the date hereof.
        This document inures to the benefit of and is binding upon the Grantor and Grantee and
their respective successors a d assigns.
                             n

        IN WITNESS WHEREOF, this iostrummt is executed this bh day of February, 2007.
                                          PEDERSON 631 LP, ,
                                          a Texas limited partnership

                                          By: RR Homes, LLC, a          Texas limited liability
                                                company, its general partner




THE ETATI3 OF TEXAS            5
                               8
COUNTY OF HARFUS               8
        hs
       T i instrument w s acknowledged before me on this
                         a                                          day of February 2007 by
Ohad Yannay, Manager of RR Homes, LLC, a Texas limited liability company, General Partner
of PEDERSON 63 1, LP, a Texas limited pattnership, on behalf of said limited liability company
and limited partnership.




 kfiynn932 Sheb\118 Houston         Esmeat2-947 Clemv2
                   LIENHOLDER'S SUBORDINATION AGREEMENT


       AMEGY BANK,NATIONAL        ASSOCIATION, the holder of a Promissory Note dated
                                                 being
February 15, 2006, executed by PEDERSON LP in the principal amount of $9,843,600.00,
                                            631,
secured by a Deed of Trust executed by PEDERSON 63 1, LP to John Lignor, Trustee, recorded
under document number cc#2006018918 of the Real Property Records of Fort Bend County,
Texas, hereby subordinates the lien of said Deed of Trust and all other liens held by it to the
foregoing Drainage Easement.




THE STATE OF TEXAS           8




(SEAL)
                                      EXHIBIT "A"


                                     Page 1 OfZ_ Pages
County:                     Fort Bend
Project:                    Cardiff Tract
C.L No.:                    1276-06R
Job Number:                 2006-094-001


                              DRAINAGE EASEMENT
                        METES AND BOUNDS FOR 4.631 ACRES

Being a 4.631 acre tract of larad located in the Micajah A m y Survey, A-100 and the AG.
Sharpless Sunrey, A-322, in Fort B a d CountyaTexas; said 4.631 acre t a t being out of a call
                                                                       rc
631.260 acre tract of land ncorded in Clerk's File N m e 2006018917 of the OfEual Public
                                                    ubr
R c r s of Real Property of Port Bend Cotmy, Tegas; said 4.631 = trad being more
 eod
particularIy described by metes and bounds a follows (all bearings are refcaraced t the Texas
                                             s                                    o
Coordinate System, South Central Zone, NAD 83):


Commencing at a 1" iron pipe found for the mutbest comer of a call 686.0183 acre t a t of
                                                                                      rc
land recorded i C l d s File Number 2006086134 of the Oilicial Public Recards of R a
                n                                                                         el
Propeaty of Fort B n County, Texas, same being an angle point on the north line of said
                   ed
631.260 acre tract, fimm wbich a 1-114-inch iron pipe folmd for the ncnthem most northwest
comer of said 631.260 acre tract bears North 88 degrees 08 m n t s 01 seconds W s ,a distance
                                                            iue                et
of 6.75 feet;

Thence, with the south line of said 686.0183 acre lract and the north ln of said 631260 acre
                                                                       ie
tract, North 87 degrees 51 minutes 44 seconds E s , a didance of 4,894.08 feet to t e Pafnt of
                                                 at                                h
Beginning, said being the Mntheast comer of the herein desuibed lract, fiom which a cedar post
found for the southern most southeast corner of said 686.0183 acre t a t same being an interim
                                                                    rc,
c m r of said 6312 6 0 acre tract bears North 87 degrees 51 minutes 44 d Bast, a distance
 oe
of 1,174.89 feet,

    1.     Thence, crossing said 6312& acre tract, South 37 degrees 13 minutes 30 seconds
           Ws,a distsnce of 271.75 ftct to a 1-inch iron pipe found fur an intixior comer of
            et
           said 631.260 acre trad,same being the rmtbest coma of the mminder of a call
           56.1W aue tract of land recordwl in Volume 797, Page 867 of the Deed Records of
           Fort Bend CountyaTexas;

    2.     'Ihencq with an exhior l n of said 631.260 acre t a t the west line of said 56.1664
                                     ie                              rc,
           acre tract and the west ln of a call 30.53 acre tract of land recorded in Clerk's File
                                    ie
           N m e 2006225491 of the M c i a l Public Records of Real Prapeay of Fort Bend
             ubr
           CountyaTexas, South 01 degrees 56 minutes 52 seconds Easf a distance of 708.69
           feet to the southeast corns of the herein d e s c r i i tracx

    3.     ThemeDcrossing said 631260 acre tract, South 88 degreerr 03 minutes 08 seconds
            et
           Ws,a distance of 200.00 feet to the southwest comer of the hatin described tract;
                                      P a g e 2 OfZ_ Pages
   4.                                 said
          Thencq continning ac~oss 631.260 acre tract, North 01 degrees 56 minutes 52
          seconds West, a distance of 918.14 fix4 to the north line o f said 631260 acre tract,
          s m being the south line o f aEoresaid 686.0183 ane tractfix the northwest cornex of
           ae
          the haein ctescri'bedtract;

   5.     Thence, with said north line and said muth line, N& 87 degrees 51 minutes 44
          seconds East, a distance of 371.66 feet to the Point of Beginning and containing
          4.631 acres of land.

An d b i l was prepprepared for this desuiption, dated February 1,2007 and named 127606.dgn.
                    CALL 606.0103 ACRE TRACT
                                                                                                                   .
                      C . F . NO. 2006086154
                       O.P.R.A.P.F.0,C.T.
                                                           80' P I P E L I M ESYT.
                                                                                             F O M D CEDAR POST
                                                                                               SOUTHDRN UDST
                                                                D.R.F.B.C.T.                sourntrsr CoRNEP
                                                                                         CALL 686.0183 ACRE




DRAINAGE EASEMENT
4.631 ACRE TRACT

                                                                    REMAINDER OF A
                                                               CALL 56.1664 ACRE TRACT
                                                                  VOL. 797, PG. 867
                                                                     D.R.F.0mC.T.




   CALL 631.260 ACRE TRACT
     C.F. NO. 2006018917
      O.P.R.R.P.F.B*C.To
                                                     "
                                               FOWD $ SUCKER
                                                                                         CALL 1214.62 ACRE TRACT
                                                                                           C.F. NO. 2005115742
                                                                                            O.P.R.R.P.F.B.C,T.


                                                CALL 30.53 ACRES
                                               C.F. NO. 2006125491
                                               0.P.R.R.P.F.B.C.T.
FILED RND RECORDED                            s,
                                              :z

    OFFICIRL PUBLIC RECORDS


@*@LML,*-
       2007 Feb 16 01:26 PPl
                                2007@2fl121
            CDC $33.00
Dianne Wilson, Ph.0. COUNTY CLERK
      F T BEND COUNTY   TEXRS
                                  DRAINAGE EASEMENT

THE STATE OF TEXAS                   5
                                     5       KNOW ALL MEN BY THESE PRESENTS:
COTJNTY OF FORT BEND                 0
        That TAMARRON LAKES, L.P., a Delaware limited partnership, hereinafter called
Grantor, for the sum of Ten and No1100 Dollar ($10.00) and other good and valuable
consideration paid by PEDERSON 631, LP, a Texas limited partnership, hereinafter called
Grantee, does hereby g a t sell, and convey lmto GTantee a perpetual, non-exclusive easement
                        rn,
for the purposes herein described with respect to the following descnid land, to-wit:

       A 30.53-acre tract of land situated in the A.G. Sharpless Survey, Abstract Number
       322, Fort Bend County, Texas; said t a t being more fully described by metes and
                                              rc
       bounds and identified on Exhibit "A" which is attached to and made a part of this
       easement for a l purposes (the "Easement Tractw)-
                     l

        TO HAVE AND TO HOLD said easement, together with all; and s h g d a ~ herehfkr
                                                                                     the
described rights and appurtenances thereto belonging unto Grantee, its successors and assigns for
the purposes herein set forth. The easement herein granted (this "Easementn)shall be used for
drainage of surface and storm waters h m Grantee's adjacent land described in a Deed dated
February 16,2006 from RLC Development Corporation to Grantee, recorded under Clerk's No.
2006018917 in the Real Property Records of Fort Bend County, Texas (the "Benefited
Property"); provided, that to the extent any portion of the Benefited Property shall be developed
in any substantial respect with roads and other impervious surfaces and structures which increase
the rate of surface and storm water flowage onto the Ehement Tract, the persons conducting
such development shall be responsible for wnslmchg surface and storm water detention
kilities on the Benefited Property of sufficient capacity to decrease the flowage entering the
Easement Tract to the rate that would exist if such portion of the e f i t e d Property was not so
 developed; and provided fixher, that if surface and storm waters fiom the Benefited Tract drain
 into the Detention Pond t be c o m c t e d by Grantor in the approximate location shown on
                              o
 Exhibit "B" attached hereto and incorpomted herein (rather than across and through the portion
 of the Easement Tract outside of the plarmed I)eteation Pd), Grantee shall be responsible for
 the cost of any modifications to the Detention Pond or outfall structure that may be necessary to
 accommodate such waters. Subject to the foregoing provisions, the easement rights herein
 granted shall include the rights to excavate the land within the Easement Tract to create an open
 or closed (or partially open and partidly closed) drainage channel; to install headwalls, culverts
 and pipes; and to keep, maintain, repair and replace all improvements so constructed by Grantee.
 Grantee shall, at all times, have the right of ingress and egress to or from and upon the Easement
 Tract for the purpose of constructing, feconst~ctiug,inspecting, patrolling, maintaining and
 adding to or removing all or parts of its drainage facilities. Grantee shall restore and repair any
 damage to the Easement Tract or any drainage improvements constructed by Grantor due to any
 negligence, action or omission of Grantee, its employees, agents or contractors, or their
 successors QL assigns-
       Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the
Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by through or under Grantor, and not
otherwise, and subject to easements and covenants of record in the Real Property Records of Fort
Bend County, Texas as of the date hereof.

        This document inures to the benefit of and is binding upon the Grantor and Grantee and
their respective successors and assigns.

        I WITNESS WHEREOF, this Lrrtrument is executed this
        N                                                             7n day of dFC~Maf
2006.

                                          TAMARRON LAKES, L.P.,
                                          a Delaware limited partnership

                                         By: PNL DEVCO, LLC, a Delaware Limited liability
                                             company, its General Partner


                                         By:      &-p+h?
                                                  -
                                                    John C. Gilbert, Manager

THE STATE OF TEXAS             5
COUNTY OF DALLAS               6
         This instrument was acknowledged before me on this ~     k o f December 2006 by
                                                                            y
John C. Gilbert, Manager of PNL Devco, LLC, a Delaware limited liability company, General
Partner of TAMARRON LAKES, L.P., a Delaware limited partnership, on behalf of said limited
liability company and limited partnership.
                               EXHIBIT "A"




BEING a 3 . 3 acre !net of land situated in the A.G.Sharpless Svvey, Absuact Number 322, City of
            05
Fulshea~,       Bend Counry, Texas and bekg a portion of a called 1.214.62 acre tract of land described
as "Parcel 3" in an bstmmmr filed for m d under Fort Bed Cwnty Clerk's Fi\e Number
2005 1 15742 Ofiicial Public Records of Fort Bend County, Texas, said 30.53 acres being more
particularly d e s c n i by mtes and bounds as follows:

The Basis of Bearing is a GPS &rived grid baring rekenced to the Texas State P'!ane C o o a t e
System, South Central Zonc (4204) NAD-83and a call of N 01 "57'48' W along the most northerly
west line of a called 1,214.62 acre tract o Iand
                                           f             i a deed filed for remrd under Fort Bend
                                                          n
County Clerk's File Number 200511-42 and mornmenrep on           ground at the north end with a 518-
inch iron rod and at the d & with 2 314-inch iron pipe. Diskaces shown hereon axe surface
                              e
measured ciishnes. To comrert surface distances to grid & i s , divide the surfacedistance by a
combined factor of 1.00011497.

B E G W G at a Y&iochiron sucker rod found for the southwest corner of a called 56.1664 acre
                                                         797, Page 867 of the F r Bend County Deed
tract of land described i a deed recorded Mder ~ o l u m e
                         n                                                     ot
Records, same being thc m s northerly n-
                           ot           o         corner of said 1,214.62 acre tract d from which a
I - n iron pipe bears N 81" 52' E, 0.27 feet;
   i&

Tm N 87"52'03* E, a &s
   i a                        i-      of 506.84 feet dong the north line of the said 1,214.62 acre tract
and the south line of said 56.1664 acre -_to   a 518-inch iron ~ o d
                                                                   with cap stamped "Brown & Gayn
set for comer;

TffENCE S 01"51'48" E:a &stawe of 2464.75 f e over and across said 1,214.62 acre tract to a 518-
                                                et
inch iron rod with cap sm;>td 'Brown & Gay" set for comer in te noribwest line of said Fulshear-
                                                                h
Katy Road (width varies. as occnpied and m o m m e m on the gronnd);

 TKENcE S 5S045'03" W,a dlstanct of 599.53 feet along the northwen line of said Fulshear-Kary
 Road (widtb varies, as ocarpied and monumented on the g r a d ) to a 314-inch iron pipe fo~md afor
 m.hxsfcorner of a called 631.3354 acre tract of land h r i i i a decd rccorded under dmk's File
                                                                      n
                                                           ot
 Number 2004022310 of the Official Public Records of F r Bend Counq, Texas, and fromiwhich a
 3 14-inch iron pipe found for a s u h a t corner of said called 631.3354 axe tract bears S $"30' 12"
                                  otes
 W 29.83 feet
THENCE N 01 "57'48' W, along the west line of said 1,214.62 acre tract and an east line of said        ,
631.3354 acre tract-at a distance of 1763.53 feet pass a found 112-inch iron pipe and continuing for a
-      -
role: distwce of 27'83.49 fse? rc t'rt ?QL\T CF BEGLkWG m conahing 30.53 acxs of k
                                                                    S                            d
F I L E D AND RECORDED
    OFFICIRL PUBLIC RECORDS


@*%kfl-2007 Feb 16 81:26   PM
                                2887@fl122
            CDC tZ1.w
Dianne Uilson, Ph.D. COUSTY CLERK
      F T BEND COUNTY TEXIlS

								
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