2024088194 ELECTRONICALLY RECORDED Official Public Records 9/10/2024 12:16 PM RT OF FORT GOURT OF END COUNT TEXAS Lama Pichard Laura Richard, County Clerk Fort Bend County Texas Pages: 12 Fee: $ 59.00 EASEMENT AND MAINTENANCE AGREEMENT REGARDING PERIMETER FENCE ALONG FM 2234 QUAIL GREEN WEST HOMEOWNERS ASSOCIATION, INC.
STATE OF TEXAS COUNTY OF FORT BEND cos cas cos This Easement and Maintenance Agreement Regarding Perimeter Fence is made on the dates set forth below, in Fort Bend County, Texas, between QUAIL GREEN WEST HOMEOWNERS ASSOCIATION, INC. a Texas non-profit corporation (“Grantee/Association”) and the owners of the eight (8) properties along the perimeter of the subdivision on FM 2234 as set forth on Exhibit “A” (“Grantors/Homeowners"): 66 For the consideration of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors/Homeowner grant to Grantee/Association an easement and right of way upon and across a five-foot (5') strip of Grantors/Homeowners' property described on Exhibit "A" attached hereto extending along Grantors/Homeowners property line (also referred to as the "Perimeter Fence Property") for the purpose described below.
This instrument grants an easement and right of way to Grantee/Association for access across a five-foot (5') strip of Perimeter Fence Property extending along the property line of Grantors/Homeowners' property along FM 2234 for the purpose of constructing, installing, and maintaining a perimeter fence along FM 2234 (the "Perimeter Fence") in accordance with the maintenance terms and conditions set forth below.
1. Grantors/Homeowners and Grantee/Association agree that the Perimeter Fence shall
fence along FM 2234 (the "Perimeter Fence") in accordance with the maintenance terms and conditions set forth below.
1. Grantors/Homeowners and Grantee/Association agree that the Perimeter Fence shall be constructed of wood in a type that the Board will determine at their discretion.
2. Grantee/Association agrees to pay 100% of the initial installation cost of the Perimeter fence.
3. Grantors/Homeowners and Grantee/Association agree that they shall share the cost of typical, normal maintenance of the Perimeter Fence caused by everyday wear and tear equally on a 50/50 basis.
4. However, costs to repair any damage to the Perimeter Fence that is NOT caused by everyday wear and tear (i.e., damage caused by Grantors/Homeowners, their invitees, or guests, or any other party shall be paid 100% by Grantors/Homeowners with no contribution by Grantee/Association. The only exception to this is if the Perimeter fence is damaged by an Act of God, storms, hurricanes, tornadoes, windstorms, etc.) or a car crash, the responsible party shall be responsible for repairs these incidents will require a police report for the Grantee/Association records, if a police report is not provided the Grantee/Association will not be responsible for sharing the cost of repairs.
If the responsible party cannot be located, Grantee/Association agrees to pay half the cost of repairs to be shared equally with the Grantors/Homeowners.
5. If damage to the Perimeter Fence referred to in item #4 occurs, Grantors/Homeowners agree to repair the fence themselves within thirty (30) days of the damage incident and pay 100% of the costs thereof, subject to the exception described in #4.
2024088194 Page 2 of 12 6. Grantors/Homeowners and Grantee/Association agree that the fence shall be fully
damage incident and pay 100% of the costs thereof, subject to the exception described in #4.
2024088194 Page 2 of 12 6. Grantors/Homeowners and Grantee/Association agree that the fence shall be fully replaced every 20 years or as needed, and the cost thereof shall be paid equally by both Grantors/Homeowners and Grantee/Association on a 50/50 basis.
7. If any Grantors/Homeowners fail and refuse to make full repairs referred to item #4 above, or if they fail to pay their 50% share of the costs referred to in items 2, 3, and 6, then the Association may make such repairs themselves, bill the costs to Grantors/Homeowners(s), and file suit against Grantors/Homeowners(s) to collect such costs, if necessary.
8. Grantors/Homeowners agree to insure the Perimeter Fence for 100% of the replacement cost and agree to provide proof of such insurance to the Association upon request. Both parties agree that Grantee/Association shall not be obligated to insure the Perimeter Fence.
9. Grantors/Homeowners agree they will be responsible to remove any and all trees along the fence line prior to installation.
Grantors/Homeowners agree to grant such easement and right-of-way until such time as Grantee/Association decides to cease providing funding for such Perimeter Fence. At that time, Grantors/Homeowners hereby agree to replace the Perimeter Fence at their own cost in compliance with the Association's governing documents. However, until then, Grantors/Homeowners agree to abide by this easement, not remove the Perimeter Fence, or place any permanent structures in the easement area.
This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning the Agreement shall be of no force
easement area.
This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning the Agreement shall be of no force and effect. Any subsequent amendment or modification to this document may be performed by Grantee/Association and Grantors/Homeowners by filing an amendment or modification regarding same mutually agreed to by the parties. 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.
This Agreement shall run with the land and bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns.
Executed this 4 day of SEPTEMBER 2024.
QUAIL GREEN WEST State of Texas HOMEOWNERS ASSOCIATION, INC.
By: Printed Name: MAAREL CORTER 2024088194 Page 3 of 12 County of Fort Bend ess cos § Before me the undersigned authority, personally appeared Manuel Cortez known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the President of QUAIL GREEN WEST HOMEOWNERS ASSOCIATION, INC., and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 4h day of September Shank Hules NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
2024088194 Page 4 of 12 EXHIBIT A FIVE (5) FEET OF GRANTORS/HOMEOWNERSS' PROPERTY EXTENDING FROM THE GRANTORS/HOMEOWNERSS' PROPERTY LINE ALONG FM 2234 FOR THE PURPOSE OF ALLOWING GRANTEE/ASSOCIATION AND GRANTORS/HOMEOWNERSS TO JOINTLY CONSTRUCT AND INSTALL A PERIMETER FENCE (WOOD MATERIAL) ON
ROM THE GRANTORS/HOMEOWNERSS' PROPERTY LINE ALONG FM 2234 FOR THE PURPOSE OF ALLOWING GRANTEE/ASSOCIATION AND GRANTORS/HOMEOWNERSS TO JOINTLY CONSTRUCT AND INSTALL A PERIMETER FENCE (WOOD MATERIAL) ON GRANTORS/HOMEOWNERSS' PROPERTIES DESCRIBED BELOW TO BE MAINTAINED AS DESCRIBED ABOVE AT EACH OF THE FOLLOWING PROPERTY ADDRESSES AND LEGAL DESCRIPTIONS: ADDRESSES Nelson & Rita White 1903 Quail Green Ct.
Missouri City, TX 77489 James Childress 1907 Quail Green Ct.
Missouri City, TX 77489 QP Properties, LLC 1911 Quail Green Ct.
Missouri City, TX 77489 (mailing address: 5403 Meadow Rd., Sugar Land, TX 77479) Scipio C. Johnson ¨ 1602 Meadow Green Dr.
Missouri City, TX 77489 Ariana Valeria Gonzalez 1606 Meadow Green Dr.
Missouri City, TX 77489 Maritza Ivonne Aranda 1610 Meadow Green Dr.
Missouri City, TX 77489 Joe Lewis, Jr.
1614 Meadow Green Dr.
Missouri City, TX 77489 Buckeye Rentals, LP 1618 Meadow Green Dr.
Missouri City, TX 77489 (mailing address: P.O. Box 3311, Spring, TX 77383-3311) LEGAL DESCRIPTION Lot 1, Block 10, Quail Green West, Section 1 Lot 2, Block 10, Quail Green West, Section 1 Lot 3, Block 10, Quail Green West, Section 1 Lot 17, Block 9, Quail Green West, Section 1 Lot 16, Block 9, Quail Green West, Section 1 Lot 15, Block 9, Quail Green West, Section 1 Lot 14, Block 19 Quail Green West, Section 1 Lot 13, Block 9, Quail Green West, Section 1 2024088194 Page 5 of 12 Executed this 14 day of August 2024.
GRANTORS/HOMEOWNERS(S) By: By: Printed Name: NELSON WHITE Address: 1903 Quail Green Ct.
By: Printed Name: Missouri City, TX 77489 Rita White RITA WHITE Address: 1903 Quail Green Ct.
Missouri City, TX 77489 State of Texas County of Fort Bend cos cas cos Before me the undersigned authority, personally appeared Nelson White known
9 Rita White RITA WHITE Address: 1903 Quail Green Ct.
Missouri City, TX 77489 State of Texas County of Fort Bend cos cas cos Before me the undersigned authority, personally appeared Nelson White known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, NELSON WHITE and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and swam the 14th day of HUNT PUBLIC STATE OF TEXAS -2028 ID# 132535 EXPIRES August NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
State of Texas County of Fort Bend cos cos cos Before me the undersigned authority, personally appeared Rita White known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, RITA WHITE, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed. Subscribed and sworn to before me the 142 day of 2024.
SHERITA NOTARY HUNTER PUBLIC August Sheita NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE ID# OF TEXAS 132535595 EXPIRES 6-24-2028 Executed this 14th 2024088194 Page 6 of 12 day of August 2024.
GRANTORS/HOMEOWNERS By: James Childress Printed Name: JAMES CHILDRESS Address: 1907 Quail Green Ct.
Missouri City, TX 77489 State of Texas County of Fort Bend cos cos cos Before me the undersigned authority, personally appeared SamesChildress, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, JAMES CHILDRESS, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 14th SHERIA HUNTER" NOTARY
NERS, JAMES CHILDRESS, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 14th SHERIA HUNTER" NOTARY PUBLIC day of August Hut Sheeten NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
STATE O ID# TEXAS EXPIRES 6-24-2028 ..
2024088194 Page 7 of 12 Executed this 21 day of August . 2024.
GRANTORS/HOMEOWNERS(S) RASHNA SHABBIR KARIM Notary (D#129223678 My Commission Expires December 4, 2024 By: OP PROPERTIES, LLC Printed Name: MEHAMMED JERRY Title: MANAGER Property Address: 1911 Quail Green Ct Missouri City, TX 77489 Mailing Address: 5403 Meadow Rd.
Sugar Land, TX 77479 State of Texas County of Fortbend Before me the undersigned authority, personally appeared Mohammed Jeddy the Mazze of OP PROPERTIES. LLC, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, OP PROPERTIES, LLC, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and Sworn to before me the 2024, 21 day of NOTARY PUBLIC IN AND FOR RASHNA SHABBIR KARIM Notary 10 #129223679 My Commission Expires December 1, 2024 THE STATE OF TEXAS 2024088194 Page 8 of 12 Executed this 29 day of Auepush.
2024.
GRANTORS/HOMEOWNERS By: Secuspic Попрад Printed Name: SCIPIO C. JOHNSON Address: 1602 Meadow Green Dr.
Missouri City, TX 77489 State of Texas County of FOA Gend cos cos cos Before me the undersigned authority, personally appeared Scirol, Sohnson, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, SCIPIO C. JOHNSON, and who acknowledged
appeared Scirol, Sohnson, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, SCIPIO C. JOHNSON, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 29 SHERITA NOTARY HUNTER PUBLIC OF TEXAS STATE ID#1 2535595 EXPIRES 6-24-2028 day of August Shanda Hular NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
Executed this 14 State of Texas County of Fort Bend 2024088194 Page 9 of 12 day of August 2024.
GRANTORS/HOMEOWNERS By: Printed Name: ARIANA VALERIA GONZALEZ Address: 1606 Meadow Green Dr.
Missouri City, TX 77489 со ess cos Before me the undersigned authority, personally appeared known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, ARIANA VALERIA GONZALEZ, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 14 SHERITA NOTARY HUNTER PUBLIC day of August Akerk Huutta NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
STATE O ID#1 EXPIRES TEXAS 132535595 6-24-2028 2024088194 Page 10 of 12 Executed this 14 day of August 2024.
GRANTORS/HOMEOWNERS By: Md.
Má Printed Name: MARITZA IVONNE ARANDA Address: 1610 Meadow Green Dr.
Missouri City, TX 77489 State of Texas County of Fort Bend cos cos cas Before me the undersigned authority, personally appeared Maritzafrander, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, MARITZA IVONNE ARANDA, and who acknowledged to me that the instrument was executed for the purpose and consideration therein
my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, MARITZA IVONNE ARANDA, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 14 SHERITA NOTARY STATE ID#' HUNTER PUBLIC OF TEXAS 132535 EXPIRES 6-24-2028 ay of August Charter H NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2024.
Executed this 2024088194 Page 11 of 12 day of Agust 2024.
GRANTORS/HOMEOWNERS By: Printed Name: JOE LEWIS, JR.
Address: 1618-Meadow Green Dr. 1614 Meadow Green Dr Missouri City, TX 77489 State of Texas County of Fort Bend ess cos cos Before me the undersigned authority, personally appeared Soe Lew, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, JOE LEWIS, JR., and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the day of August SHERITA NOTARY HUNTER PUBLIC NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE ID#13 OF TEXAS 132535595 EXPIRES 6-24-2028 2024.
Executed this 2024088194 Page 12 of 12 9 day of SEPTEMBE 2024.
GRANTORS/HOMEOWNERS By: BUCKEYE RENTALS, LP Printed Name: Robed Gazok Title: MANAGEL Property Address: 1618 Meadow Green Dr.
Missouri City, TX 77489 Mailing Address: P.O. Box 3311-925-981 Spring TX 77383-3311 HOUSTON TX 77292 State of Texas County of FORT Ben cos cos cos Before me the undersigned authority, personally appeared Robert Grizat, the Малода of BUCKEYE RENTALS, LP, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, BUCKEYE RENTALS, LP, and who acknowledged to me
CKEYE RENTALS, LP, known to me to be the person whose name was subscribed in my presence to the foregoing instrument, and to be the GRANTORS/HOMEOWNERS, BUCKEYE RENTALS, LP, and who acknowledged to me that the instrument was executed for the purpose and consideration therein expressed.
Subscribed and sworn to before me the 9 day of SEPTEmber 2024.
WILLIAM B BLAIZE Notary ID #130576232 My Commission Expires April 5, 2028 We NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 1......