R2017-221 2017-10-23RESOLUTION NO. R2017-221
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the conveyance of drainage easements, located within Pearland
Independence Park, to Brazoria Drainage District No. 4.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Drainage Easement, attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby conveyed to Brazoria Drainage District No. 4.
Section 2. That certain Drainage Easement, attached hereto as Exhibit "B" and made a
part hereof for all purposes, is hereby conveyed to Brazoria Drainage District No. 4.
PASSED, APPROVED, AND ADOPTED this 23rd day of October, A.D., 2017.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
(d
• THE STATE OF TEXAS
COUNTY 13RAZORIA
Resolution No. R2017-221
Exhibit "A" '
DRAINAGE EASEMENT
§
§
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT "A"
CSo
That the undersigned, CITY OF PEARLAND, Brazoria County; Texas,
(hereinafter collectively called "Grantor'), for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable cash consideration in hand paid by BRAZORIA
DRAINAGE DISTRICT NO. 4, a conservation and reclamation district and political subdivision
of the State of 'Texas, (hereinafter cal led "Grantee"), an easement upon, over, across and through
the property situated in Brazoria County, 'Texas, as described by metes and bounds in Exhibits
"A-1" and "A-2" which are attached hereto and by this reference are made a part hereof (the
"Easement Area").
The casement rights and privileges herein granted shall be used only for the
purposes of constructing, operating, maintaining, repairing, replacing and reconstructing of a
drainage facility, and any and all related equipment and facilities together with any and all
necessary incidentals and appurtenances thereto in, upon, over, across and through the Easement
Arca.
Subject to the foregoing and subsequent provisions hereof, Grantee, its successors,
assigns, agents, employees, workmen and representatives shall, at all present and future times,
have the right and privilege of ingress and egress in, upon, over, across and through the Easement
Area for the purposes hereof.
This easement shall be subject to and governed by the following provisions:
(1) The easement rights and privileges granted herein are non-exclusive, and
the Grantor reserves and retains the right to convey, plat and/or dedicate similar rights and
easements, as well as other types of rights and easements, to such other persons or entities as
Grantor may deem proper, providing such other conveyances do not materially affect the
Grantee's use of the easement conveyed herein,
(2) The easement rights and privileges herein granted shall be for so long as
Grantee or its assigns shall utilize the Easement Area for the purposes intended. The easement
94093-002 353829v1
rights and privileges granted hereunder shall terminate when or at such time as the purposes
hereof cease to exist, are abandoned by Grantee or become impossible to perform.
(3) The Easement; rights and privileges herein granted shall be subject to
encumbrances; conditions, covenants, restrictions, reservations, exceptions, rights-of-way and
easements of record, including building and zoning ordinances, all laws, regulations, and
restrictions by municipal or other governmental authority applicable to and enforceable against
the Easement hereby granted and shall terminate upon platting of the property.
(4) . The grant made hereunder is not a conveyance of the Easement Area nor of
any interest in the oil, gas, and other minerals in, on, or under the land subject to easement herein
granted, but is a grant solely of the easement as above described.
(5) Grantor and its successors and assigns may not place buildings, structures,
or improvements including driveways, fences, landscaping, sidewalks, and any structure that in
Grantee's sole opinion could impede the flow of storm water or interfere with Grantee's
construction or maintenance activities, within the Easement Arca.
(6) Grantee may permit Grantor or a third party to encroach upon the
Easement Arca with the construction of sidewalks, trails or other facilities: Any such
encroachment must be approved by Grantee prior to construction and will be evidenced by a
separate Consent to Encroachment instrument. Grantee shall not be responsible for maintenance
or repair of any facilities constructed by Grantor or third parties and constructed within the
Easement Area, and Grantee shall have no liability for damages to such facilities which may
occur while Grantee exercises its rights granted in the Easement Area.
TO HAVE AND TO HOLD the above described easement for the said purposes;
together with all and singular, the rights, privileges, and appurtenances thereto as described
above in anywise belonging to the said Grantee, its successors and assigns forever, subject to the
(imitations, conditions and restrictions set forth hereinabove.
2
94093-002. 353829v1
IN .WITNESS WHEREOF, this instrument is executed this
tkr4X ,2017.
STATE OF TEXAS • §
COUNTY OF BRAZORIA §
CITY OF PEARLAND
By:
Name: Tom Reid
Title: Mayor
day of
This instrument was acknowledged before me on
2017 by Tom Reid, the Mayor of the City of Pearland, Texas, for purposes int dcd.
04 evi\\oe(
AFTER RECORDING, RE'T'URN TO;
Brazoria Drainage District No. 4
4805 West Broadway
Pearland, Texas 77581-3934
3
94093.002 35,829v1
Notary Public, StaEXAS
DAISY MATA
NOTARY PUBLIC. STATE OF TEXAS
MY COMMISSION EXPIRES
Expires: July 9.2019
Notary IDM 12859425-2
EXHIBIT "A-1"
METES AND BOUNDS DESCRIPTION
2.193(1 ACRES OUT OF
W.D.C, HALL SURVEY
ABSTRACT 70
PEARCAND, BRAZORIA COUNTY, TEXAS
All that certain 2.1930 acres out of W.D.C. Hall Survey, Abstract 70, Pearland, Brazoria County,
Texas and being out of proposed plat of Minor Plat of Independence Park and being more
particularly described by metes and bounds as follows (bearings based on Texas Coordinate
System of 1983, South Central Zone 4204);
Commencing at a found 5/8" iron rod marking a point on the northeast right-of-way line of
Pearland Parkway (140' wide) and marking the northwest corner of Restricted Reserve "B", The
Villages at Mary's Creek, Section One, Phase One according to the plat thereof filed in Volume
23, Pages 93-94 Brazoria County Plat Records; Thence N 41° 39' 53" E — 477.73' with the
westerly line of Restricted Reserve "L" of said The Villages of Mary's Creek to a set 1/2" iron
rod with cap (stamped C.L. DAVIS RPLS 4464) the POINT OF BEGINNING of herein
described tract;
1, Thence S 86° 38' 02" W — 614.66' ,to a set 1/2" iron rod With cap (stamped C.L. DAVIS
RPLS 4464) for corner;
2. Thence S 45° 08' 14" W — 41.30' to a set 1/2" iron rod with cap (stamped C.L. DAVIS
RPLS 4464) marking a point on a curve to the right having a radius of 1,930.00' and a central
'angle of 08° 02' 13";
3. Thence with said curve and the proposed northeasterly right-of-way line of Pcarland Parkway
(width varies) an arc , distance of 270.72' a and a chord bearing . and distance of
N 409 50' 40" W — 270.50' to a set 112" iron rod with cap (stamped C.L. DAVIS RPLS
4464) marking a point on a curve to. the left having a radius of 150.00' and a central angle of
S 56° 32' 25".
4. Thence with said curve an arc distance of 148.02' and a chord bearing and distance of
S 65° 05' 46" E - 142.09' to a set 1/2" iron rod with cap (stamped C.L. DAVIS RPI,S 4464)
for corner;
11-421-158 - LRA1NAGEESMT t MB's
5. Thence N 86° 38' 02" E _— 743.10' to a set 1/2" iron rod with cap (stamped C.L. DAVIS
RPLS 4464) harking the beginning of a curve to the loft having a radius of 150.00' and a
centralangleof 44° 58' 00";
6. 'Thence with said curve an arc distance of 117.72' and a chord bearing and distance of
N 64° ,08' 53" E — 114.72' to a set 1/2" iron rod with cap (stamped C.I. DAVIS RPLS 4464)
for corner;
7. Thence S 41° 39' 53" W — 231.88' with the westerly line of said The Village at Mary's
Creek, Section One, Phase One to the POINT OF BEGINNING and containing 2.1930 acres
(95,526 square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Firm No. 10082000
Job Number: 11-421-158 - 2.1930 ae. M&B's.
07-17-2017
11-421-1511- DRAINAGE ESMT 1 MA's
•
EXHIBIT"A-2"
DRAINAGE EASEMENT 2
METES AND BOUNDS DESCRIPTION
7.3346 ACRES OUT OF
. W.D.C. HALL SURVEY,ABSTRACT 70 AND
T.D. YOCUM SURVEY, ABSTRACT 399
P.EARLAND, BRAZORIA COUNTY, TEXAS
All that certain 7.3346 acres out of W.D.C. Hall Survey, Abstract 70 and T.D. Yocum Survey,
Abstract 399, Pearland, Brazoria County, Texas and being out of proposed plat of Minor Plat of
Independence Park and being more particularly described by metes and bounds as follows
(bearings based on Texas Coordinate System-of 1983, South Central Zone 4204);
Commencing at a found 5/8" iron rod marking a point on the northeast right-of-way line of
Pearland Parkway (140' wide) and marking the northwest corner of Restricted Reserve "B", The
Villages at Mary's Creek, Section One, Phase One according to the plat thereof filed in Volume
23, Pages 93-94 Brazoria County Plat Records; Thence N 41° 39' 53"E—484.03' with the west
line of said The Villages at Mary's Creek Section One Phase One to a found 5/8" iron rod with
cap stamped (RAINWATER) marking an angle point on Restricted Reserve "L" and the
southwest corner of that certain drainage easement as filed in the Official Public Records of
Brazoria County at Clerk's File Number 01-056373; Thence N 41° 39' 53" E — 1,266.12' with
the west line of said drainage easement and continuing with the west line of said The Villages at
M.ary's Creek Section One Phase One and with the West line of The Villages at Mary's Creek,
Section One, Phase Two according to the plat thereof filed in File Number 2005035759 Brazoria
County Official Records to a set 1/2" iron rod with cap.(stamped C.L. DAVIS - RPLS 4464)
marking the POINT OF BEGINNING of herein described tract marking a point on a curve to the
left having a radius of 50.00' and a central angle of 103° 37' 15";
1. Thence with said curve an arc distance of 90.43' and a chord bearing and distance of •
N 10° 08' 44" W — 78.60' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RPLS •
4464)for corner;
2. Thence N 60° 43' 32" W — 21.64' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RI'LS 4464) for corner;
3. Thence N 59° 01' 36" W — 116.67' to a set 1/2" iron rod with cap (stamped C.L. DAVIS T
RPLS 4464) marking the beginning of a curve to the left having a radius of 35.00' and a
central angle of 49° 15' 06";
4. Thence with said curve an are distance of 30,09' and a chord bearing and distance of
• N 83° 39' 09" W — 29.17' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RI'LS
4464)for corner;
11.421-158-DRAINAGE ESMT 2 Mfrs •
•
5. Thence S 71° 43' 18" W — 109.25' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the right having a radius of 265.00' and a
central angle of 55°45' 03";
6. Thence with said curve an arc distance of 257.85'. and a chord bearing and distance of
•
N 80° 24' 11" W — 247.80' to a set 1/2" iron rod with cap (stamped C.L. DAVIS:- RPLS
4464)for corner; •
7. Thence N 52° 31' 39" W — 68.67' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464)for corner;
8. Thence N 58° 15' 19" W — 271.16' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the right having a.radius of 365.00' and a
central angle of 52° 01' 37";
9. Thence with said curve an arc distance of 331.44' and a chord bearing and distance of
N 32° 14' 31" W — 320.17' to a sct 1/2" iron rod with cap (stamped C.L. DAVIS RPLS
4464)for corner;
10. Thence N 06° 13' 42" W — 168.66' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464)point for corner;
11. Thence N 86° 38' 21" 13 — 176.78' with the proposed south right-of-way line of John Lizer
Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS -RPLS 4464) for corner;
12. Thence S 41° 31' 50" W— 126.90' with the westerly line of that certain tract described in a
deed dated 01-03-1972 from Aaron Pasternak, Trustee to Houston Lighting and Power
Company (III,&P)filed in Volume 1108, Page 358 Brazoria County Deed Records to a point
for corner;
13. Thence S 09° 51' 43" E—6.30' to a point for corner;
14. Thence S 17° 12' 00"E—45.54' to a point for corner;
15. Thence S 31° 32' 50"E—37.79' to a point for corner;
16. Thence N 41° 31' 50"E.—283.93' with the easterly line of said HL&P tract to a set 5/8" iro
rod with cap (stamped C.L. DAVIS - RPLS 4464)for corner;
17. 'Thence N 86° 50' 12" E — 12.33' with the proposed south right-of-way line of John Lizer
Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS 4464) marking th?
beginning of a curve to the right having a radius of 594.27' and a central angle of
02° 51' 37";
11.421-158-DRAIKAO H ESMT 2 UTA's
18. Thence with said curve and continuing with the proposed south right-of-way line of:John
Liter Road an arc distance of 122.59' and a chord bearing and distance of N 88° 16' 00" E—
29.16' to a set 1/2"iron rod with cap(stamped C.L. DAVIS -RPLS 4464)for corner;
19. Thence S 41° 31' 50" W — 174.81' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464)for corner;
20. Thence S 06° 13' 42" E — 59.77' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the left having a radius of 135.00' and a
central angle of 52°01' 37";
21. Thence with said curve an arc distance of 122.59' and a chord bearing and distance of.
S 32° 14' 31" E — 118.42' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RPLS
4464)for corner;
22. Thence S 58° 15' 19" E — 282.67' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) for corner;
23. Thence S 52° 31' 39" E --80.17' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the left having a radius of 35.00' and a
central angle of 5 5° 45' 03";
24. Thence with said curve an arc distance of 34.06' and a chord bearing and distance o'
S 80° 24' 11"E—32.73' to a set 1/2" iron rod with cap(stamped C.L. DAVIS -RPLS 4464)
for corner;
25. Thence N 71° 43' 18" E — 109.25' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the right having a radius of 265.00' and a
central angle of 48° 31' 11";
26. Thence with said curve an arc distance of 224.41' and a chord bearing and distance of
S 84° 01' 07" L — 217.76' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RPLS
4464)on a curve to the right having a radius of 156.90' and a central angle of 08° 31' 11";
27. Thence with said curve an arc distance of 23.33' and a chord bearing and distance or
S 38° 34' 32" W —23.31 to a found 5/8" iron rod marking the beginning of a curve to the
left having a radius of 215.78' and a central angle of 07° 59' 51"to a point for corner;
• 28. Thence with said curve an arc distance of 30.12' and a chord bearing and distance of
S 38° 50' 08" W—30.09' to a set 5/8"iron rod with cap(stamped C.L. DAVIS -ItPLS 4464)
for corner;
•
11-421-158-DRAPIAGE ESMT 2 MR's -
•
29. Thence'S 48° 43' 38" E — 40.31' to a set 5/8" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) on a curve to the right having a radius of 175.78' and a central angle of 09° 28'
16";
30. Thence with said curve an arc distance of 29.06' and a chord bearing and distance of
N 38° 05' 57"E—29.02' to a set 5/8"iron rod with cap(stamped C.L. DAVIS - RPLS 4464)
marking the beginning of a curve to the left having a radius of 196.90' and a central angle of
09° 12' 03';
31. Thence with said curve an arc distance of 31.62' and a chord bearing and distance of
N 38° 14' 04" I;—31.58' to a set 1/2" iron rod with cap(stamped C.L. DAVIS -RPLS 4464)
for corner;
32. Thence S 59° 02' 14" E — 80.00' to a set 1/2" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) marking the beginning of a curve to the left having a radius of 135.00' and a
central angle of 34°49' 49";
33. Thence with said curve an arc distance of 82.01' and a chord and bearing distance o
S 76° 26' 31" E—80.81' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RPLS 4464)
for corner;
34. Thence N 86° 08' 35" E — 27.86' to a set 1/2" iron rod with cap (stamped C.L. DAVIS
RPLS 4464) marking the beginning of a curve to the left having a radius of 120.00' and
central angle of 51° 10' 33";;
35. Thence with said curve an arc distance of 107.18' and a chord bearing and distance of
N 60° 33' 18" E — 103.66' to a set 1/2" iron rod with cap (stamped C.L. DAVIS - RPLS
4464)for corner;
36.Thence S 48° 43' 37" E— 123.58' with the southerly line of that certain tract described in a
deed dated 06-03-2011 from the Garden Jackson School, Inc. to Golden Rule Services, Inc.
as filed in the Official Public Records of Brazoria County at Clerk's File Number
2011023182 passing at a distance of 47.29' a found 5/8" iron rod for reference and
continuing for a total distance of 123.58' to a point for corner;
Thence the following (4) courses with the northerly line of Restricted Reserve "B" of said The
Villages at Mary's Creek, Section One; Phase Two;
37.Thence S 33°43' 27"W— 13.17' to a point for corner;
38.Thence S 67° 04' 29"W— 199.48' to a point for corner;
39. Thence N 73°'07' 44"\V—42.50' to a point for corner;
11-421-158-DRAINAGE F.SMT 2 MITs
40.Thence S 41° 39' 53" W — 215.77 to the POINT OF BEGINNING and containing 7.3346
acres(319,494 square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L.Davis&Company
Finn No. 10082000
Job Number: 11-421-158 -DRAINAGE ESMT 2 M&B's.doe
07-19-2017
•
11-421-158-DRAINAGE ESMT 2 MB's .
44'
PEARLAND SCHOOL
18, PG. 231-232 B.C.P.R.)
COY OF PEMAND
SMOOT SEVER &SENN!
(x.031095 aL:aR)
CRY OF PEARLAND S ITARY
SEWER LFT STATION
EASEMENT
(97-044012 B.C.O.R.)
(s 1)
COMMENCING
POINT:
DRAINAGE
EASEMENT
NO. 1 & 2
FND.5/8 %R
X40
(s1)
(S1)
A
EXHIBIT "B"
4.
(S1)
DRAINAGE
EASEMENT NO. 1
2.1930 ACRES
(95,526 SQ. FT.)
CALLED 49.85 ACRES
TEXAS PLUMBING SUPPLY, INC.
TO
THE CITY OF PEARLAND
(VOL 1250, PG. 994 B.C.D.R.)
06-24-1975
CALLED 49.85 ACRES
TEXAS PLUMBING SUPPLY. INC.
TO
THE CITY OF PEARLAND
(VOL 1250, PG. 994 B.C.D.R.)
06-24-1975
C.L. DAVIS Sc CO. 1500 WAY
FFR OSWQOD TEXAS 77546
LAND SURVEYING 281-4.82-9490
RM O. 10082000
DRAINAGE EASEMENT
DRAINAGE EASEMENT NO. 1
2.1930 ACRES AND
DRAINAGE EASEMENT NO. 2
7.3347 ACRES OUT OF
W.D.C. HALL SURVEY, ABSTRACT 70 AND
T.D. YOCUM SURVEY, ABSTRACT 399
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 07-17-2017 I SCALE:
1" 120'I JOB NO.: 11-421-158
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
SHEET 1 OF 4
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
APPROX. LOCATION OF 10' WIDE H.L&P.
EASEMENT W/5' AERAL EASEMENT,
FROM A PLANE 20' ABOVE THE GROUND
UPWARD LOCATED EASTERLY OF AND
ADJOINING SAID 10' WIDE EASEMENT
(VOL. 1397, PG. 725 B.C.D.R.)
—N 41'3953" E 477.73'
10' WIDE CENTERPOINT ENERGY
HOUSTON ELECTRIC EASEMENT
w/11.5' WIDE AERIAL EASEMENT
BEGINNING AT A PLANE 16' ABOVE
THE GROUND AND EXTENDING
UPWARD, LOCATED NORTHWESTERLY
OF AND ADJOINING SAID 10' WIDE
EASEMENT (2008011531 aC.O.R.)
P.O.B.:
DRAINAGE
EASEMENT
NO. 1: (S1)
(s 1)
0
R �4.
FND.1/2"IR y` h
/CAP(TRI-TECH)
14'U.E. (VOL 23, PC.
N 41'39'53" E
RESTRICTED
LOT 14 LOT 15 RESERVE "L"
THE VILLAGES AT MARY'S CREEK SECTION ONE PHASE ONE
(VOL. 23, PG. 93-94 BCPR)
LOT 16 LOT 17
RESTRICTED
RESERVE "A"
RED ACORN TRAIL (50' RA)
484.03'
FND.5/8'IR
"/CAP(RNNWATER) C.L. DITCH
TOP BANK
(s1)
TOP BANK 41'39'53" E 1,266.12'
BRAZORIA COUNTY DRAINAGE
- DISTRICT NO. 4 DRAINAGE
EASEMENT
(01-056373 B C O R )
RESTRICTED
RESERVE "K"
LOT 18
THE VILLAGES AT MARY'S CREEK
SECTION ONE PHASE ONE
(VOL. 23, PG. 93-94 BCPR)
LOT 30 LOT 31 I LOT 32
LOT 33
E SHEET 2 OF 4 FOR CONTINUATION
WAY
C.L. DAVIS & CO. FRIENDSW00D. TTEXAS 77546
ri LAND SURVEYING AL—
o2— 0082000
DRAINAGE EASEMENT
DRAINAGE EASEMENT NO. 1
2.1930 ACRES AND
DRAINAGE EASEMENT NO. 2
7.3347 ACRES OUT OF
W.D.C. HALL SURVEY, ABSTRACT 70 AND
T.D. YOCUM SURVEY, ABSTRACT 399
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 07-17-2017 I SCALE: 1' - 120'IJOB NO.: 11-421-158
OF 4 FOR CONTINUATION
SHEET 2 OF 4
DRAINAGE
EASEMENT NO. 2
7.3347 ACRES
(319, 499 SQ. FT.)
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
CALLED 49.85 ACRES
TEXAS PLUMBING SUPPLY, INC.
TO
THE CITY OF PEARLAND -�
(VOL. 1250, PG. 994 B.C.D.R.)
06-24-1975 Q�
GO� el.`)
MATCHLINE "A" SEE SHEET 3 OF 4 FOR CONTINUATION
1 \
S 58'15'19- E
282.67' I
(si) N 58115'19" W
271.16' I
(S1)
1—
V
0
(S1) LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
CALLED 49.85 ACRES
TEXAS PLUMBING SUPPLY, INC.
TO
THE CITY OF PEARLAND
(VOL. 1250, PG. 994 B.C.D.R.)
06-24-1975
APPROX. LOCATION OF
10' WIDE H.L.ScP.
EASEMENT W/5' AERIAL VMC PARTNERS, LTD.
EASEMENT, FROM A PLANE 20' TO
ABOVE THE GROUND UPWARDrHE VILLAGES OMARY'S CREEK
LOCATED EASTERLY OF AND PROPERTY OWNERS
ADJOINING SAID 10' WIDE ASSOCIATION, INC.
EASEMENT (2007064988 B.C.O.R.)
(VOL. 1397, PG. 725 B.C.D.R.) 11-08-2007
INDEPENDENCE
DRIVE
(40' R/W)
EXHIBIT "B"
LIBERTY DRIVE
(60' R/W)
(51)
10' WIDE CENTERPOINT
ENERGY HOUSTON ELECTRIC
EASEMENT w/10' WIDE
AERIAL EASEMENTS BEGINNING
AT A PLANE 16' ABOVE THE
GROUND AND EXTENDING
UPWARD, LOCATED ON BOTH
SIDES OF AND ADJOINING
SAID 10' WIDE EASEMENT
(2008011531 B.C.O.R.)
TOP BANK N 41'39'53" E 1,266.12' CITY OF PEARLAND DRAINAGE AND
C.L. DITCH BRAZORIA COUNTY DRAINAGE —F1.000 Co O otsAyENT AND
DISTRICT NO. 4 DRAINAGE-(VOL(90)842, PC. 150 B.C.O.R.)—
EASEMENT (VOL(90)842, PC. 159 B.C.O.R.)
(01-056373 B.C.O.R.)—(Hl7L.(90)842, PC. 172 B.C.O.R.)
TOP BANK
P.O.B.:
DRAINAGE
EASEMENT
NO. 2
25' WIDE RECREATIONAL TRAIL EASEMENT
(20050.35759 B.C.0.R.
1I
THE VILLAGES AT MARY'S CREEK SECTIONIONE PHASE TWO
(2005035759 B.C.O.R.)
LOT 8 LOT 9 I LOT 10 I LOT 11
LOT 7
LOT 36
S1 TOP BANK L18
C.L.DITCH
TOP BANK
1(s) C 10
cV C9 (s1)
FN0.5/8"1R
(s) ]/C 1
(s)
v (Si)
a
(S1)
1 /2'1R
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE
PARK
FNO.'X'CUT
IN CONC.
FND.1 /2'1R
FND.5/8'IR
1-
�3wS
U
z
(S1) �o
w0
(S1) < 0 0 0
,-mN
_S -� - C7g (s 1) oZ-ION"r) 1 w
0000~2w.-
WD
V m 04
0 O
J V o O O
0I- 0 v
0
0
REF.PT.
\ FND.5/8'IR
J S 48'43'37' E
`s 547.29'
•
N 79 A?9" h
6-643.
TZt 303,54'-0 R� (A, 16
Sp4s,S Rev,
t, �9 eCO� �f
LOT 12 � i� c.', B+ )
LOT 13
w
AY
C.L. DAVIS & CO. FRIENDSWOOD, 9490
TEXAS 77546
LAND SURVEYING 281-482FIRM NO. 10082000
DRAINAGE EASEMENT
DRAINAGE EASEMENT NO. 1
2.1930 ACRES AND
DRAINAGE EASEMENT NO. 2
7.3347 ACRES OUT OF
W.D.C. HALL SURVEY, ABSTRACT 70 AND
T.D. YOCUM SURVEY, ABSTRACT 399
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 07-17-2017 I SCALE; 1' = 120'IJOB NO.: 11-421-158
SHEET 3 OF 4
F.B. DRAKE SURVEY
A-507
so LOT 1, BLOCK 1 mvp 1, WORRALL ADDITION 44. ,
4, 4q, (VOL. 19, PG. cd
�asci ,,oy29-30 B.C.P.R.)
<l5
L 4:,'?.
PROPOSED
0.5611 ACRE
(24,443 SQ. FT.)
DEDICATED FOR PUBLIC
RIGHT-OF-WAY
BY MINOR PLAT OF
INDEPENDENCE PARK
T.D. YOCUM SURVEY
A-399
780' HOUSTON LIGHTING &
POWER COMPANY EASEMENT
(VOL. (86)265, PG. 172 B.C.O.R.) -7
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
DRAINAGE
EASEMENT NO. 2
7.3347 ACRES
(319, 499 SQ. FT.)
(Si)
(SECOND TRACT)
ROSE S. SETTEGAST, ET AL.
TO
AARON PASTERNAK, TRUSTEE
(VOL. 1023, PG. 297 B.C.D.R.)
01-14-1969
RIGHT-OF-WAY DEED
ROADWAY AND UTILITY EASEMENT
RIGHT-OF-WAY
TRACT II
CALLED 0.369 ACRE
AARON PASTERNAK, TRUSTEE
TO
THE CRY OF PEARLAND
(VOL.1271, PG. 566 B.C.D.R.)
11-24-1975
(S1)
N 41'31'50- E
283.93'
(S1)
�9 11S 41'31'50" W (Si
174.81' C5
(S1) L GRAVEL WALKING TRACK
RIGHT-OF-WAY AND EASEMENT
GRANTED TO THE CITY OF
PEARLAND
FROM CENTERPOINT ENERGY
HOUSTON ELECTRIC. LLC
(2004010821 B.C.O.R.)
CALLLED 6.298 ACRES
AARON PASTERNAK, TRUSTEE
1 TO /
HOUSTON LIGHTING AND POWER
I COMPANY / �O
(VOL. 1108, PG. 358 B.C.D.R.) V
01-03-1972
EXHIBIT "B"
\t/
CALLLED 6.298 ACRES
AARON PASTERNAK, TRUSTEE
TO
HOUSTON LIGHTING AND POWER COMPANY
(VOL.1108, PG. 358 B.C.D.R.)
01-03-1972
30' (S) FND.5/8'IR
PROPOSED
0.1879 ACRE (8,184 SQ. FT.)
DEDICATED FOR PUBLIC
RIGHT-OF-WAY
BY MINOR PLAT OF
INDEPENDENCE PARK
PERMISSION GRANTED FROM
HOUSTON LIGHTING & POWER
COMPANY
TO
THE CITY OF PEARLAND
TO OCCUPY CALLED 0.163 ACRE
FOR STREET, ROAD & HIGHWAY
PURPOSES
(VOL 1301. PG. 479 B.C.D.R.)
07-20-1976
W.D.C. HALL SURVEY
ABSTRACT 70
Z
th
c0
RIGHT-OF-WAY DEED
60' ROADWAY AND UTILITY
EASEMENT RIGHT-OF-WAY
TRACT I
CALLED 5.573 ACRES
AARON PASTERNAK, TRUSTEE
TO
THE CITY OF PEARLAND
(VOL. 1271, PG. 566 B.C.D.R.)
11-24-1975
•
LOT 1, BLOCK 1
PROPOSED
MINOR PLAT OF
INDEPENDENCE PARK
MATCHLINE "A"
SEE SHEET 2 OF 4 FOR CONTINUATION
LINE
BEARING
DISTANCE
L1
N 60'43'32" W
21.64'
L2
S 71'43'18" W
109.25'
L3
N 52'31 '39" W
68.67'
L4
S 41'31 '50" W
126.90'
L5
S 09'51'43" E
6.30'
L6
S 17'12'00" E
45.54'
L7
S 31'32'50" E
37.79'
L5
N 86'50'12" E
12.33'
L9
S 06'13'42" E
59.77'
L10
S 52'31'39" E
80.17'
L11
N 71'43'18" E
109.25'
L12
S 48'43'38" E
40.31'
L13
S 59'02'14" E
80.00'
L14
N 86'08'35" E
27.86'
L15
S 48'43'37" E
123.58'
L16
S 33'43'27" W
13.17'
L17
N 73'07'44" W
42.50'
L 18
S 41'39'53" W
215.77'
L19
S 45'08'14" W
41.30'
L20
S 41'39'53" W
231.88'
LEGEND
A.E.
B.L.
ESMT
B.C.D.R.
B.C.P.R.
B.C.O.R.
B.C.C.F. No.
D.E.
E.E.
R.O.W.
) T.B.M.
U.E.
W.S.E.
(F)
(FN)
(5)
(S1)
AERIAL EASEMENT
BUILDING LINE
EASEMENT
BRAZORIA COUNTY DEED RECORDS
BRAZORIA COUNTY PLAT RECORDS
BRAZORIA COUNTY OFFICIAL RECORDS
BRAZORIA COUNTY CLERK'S FILE NUMBER
DRAINAGE EASEMENT
ELECTRIC EASEMENT
RIGHT-OF-WAY
TEMPORARY BENCHMARK
UTILITY EASEMENT (RESTRICTED TO ELECTRIC,
TELEPHONE, CABLE & GAS FACILITIES)
WATER AND SEWER EASEMENT
FOUND 5/8" IRON ROD WITH CAP
STAMPED "C.L. DAVIS RPLS 4464"
FOUND PK -NAIL IN ASPHALT
SET 5/8" IRON ROD WITH CAP
STAMPED "C.L. DAVIS RPLS 4464"
SET 1/2" IRON ROD WITH CAP
STAMPED "C.L. DAVIS RPLS 4464"
CURVE
RADIUS
DELTA ANGLE
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C1
50.00'
103'37'15"
90.43'
N 10'08'44" W
78.60'
C2
35.00'
49'15'06"
30.09'
N 83'39'09" W
29.17'
C3
265.00'
55'45'03"
257.85'
N 80'24'11" W
247.80'
C4
365.00'
52'01'37"
331.44'
N 32'14'31" W
320.17'
C5
594.27'
02'51'37"
29.17'
N 88'16'00" E
29.16'
C6
135.00'
52'01 '37"
122.59'
S 32'14'31" E
118.42'
C7
35.00'
55'45'03"
34.06'
S 80'24'11" E
32.73'
C8
265.00'
48'31 ' 1 1 "
224.41'
S 84'01'07" E
217.76'
C9
156.90'
08'31'11"
23.33'
S 38'34'32" W
23.31'
C10
215.78'
07'59'51"
30.12'
S 38'50'08" W
30.09'
C11
175.78'
09'28'16"
29.06'
N 38'05'57" E
29.02'
C12
196.90'
09'12'03"
31.62'
N 38'14'04" E
31.58'
C13
135.00'
34'49'49"
82.07'
S 76'26'31" E
80.81'
C14
120.00'
51'10'33"
107.18'
N 60'33'18" E
103.66'
C15
1,930.00'
08'02'13"
270.72'
N 40'50'40" W
270.50'
C16
150.00'
56'3225"
148.02'
S 65'05'46" E
142.09'
C17
150.00'
44'58'00"
117.72'
N 64'08'53" E
114.72'
EXHIBIT "B"
NOTES:
1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE
4204.
2. THE SUBJECT PROPERTY SHOWN HEREON IS LOCATED IN
ZONES "X" UNSHADED AND "AE" SHADED, ACCORDING TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE
RATE MAP NO. 48039C0045J DATED 09-22-1999. THIS
DETERMINATION HAS BEEN MADE BY SCALING THE PROPERTY
ON THE REFERENCED MAP AND IS NOT A RESULT OF AN
ELEVATION SURVEY.
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON REPRESENT
THE OUTLINE AT GROUND SURFACE LEVEL, UNLESS OTHERWISE
NOTED.
4. THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.)
SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF SURVEY
AND MAY NOT BE COMPLETE.
5. FUTURE DEVELOPMENT OF THIS SITE IS SUBJECT TO CITY OF
PEARLAND ORDINANCE, ADOPTED BY THE CITY OF PEARLAND
RELATING TO RULES, REGULATIONS, PROCEDURES AND DESIGN
STANDARDS FOR DEVELOPMENT AND PLATTING AND PROVIDING
FOR THE ESTABLISHING OF BUILDING SET -BACK LINES.
SHEET 4 OF 4
C.L. DAVIS BC COAY
. FRIENDSWOOD. 1500 WINDING TEXAS 77546
LAND SURVEYING FRM O. 10082000°
DRAINAGE EASEMENT
DRAINAGE EASEMENT NO. 1
2.1930 ACRES AND
DRAINAGE EASEMENT NO. 2
7.3347 ACRES OUT OF
W.D.C. HALL SURVEY, ABSTRACT 70 AND
T.D. YOCUM SURVEY, ABSTRACT 399
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 07-17-2017 'SCALE: 1" = 120'IJOB NO.: 11-421-158
Resolution No. R2017-221
Exhibit "B"
DRAINAGE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF I3RAZC)RIA
EXHIBIT "B"
That the undersigned, CITY OF PEARLAND, Brazoria County, Texas,
(hereinafter collectively called "Grantor"), for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable cash consideration in hand paid by BRAZORIA
DRAINAGE DIS'1'RICT NO. 4, a conservation and, reclamation district and political subdivision
of the State of Texas, (hereinafter called "Grantee"), an easement upon, over, across and through
the ,property situated in Brazoria County, Texas, as described by metes and bounds in Exhibits
"A-1" and "A-2" which are attached hereto and by this reference are made a part hereof (the
"Easement Arca").
The casement rights and privileges herein granted shall be used only for the
purposes of constructing, operating, maintaining, repairing, replacing and reconstructing of a
drainage facility, and any and all related equipment and facilities together with any and all
necessary incidentals and appurtenances thereto in, upon; over, across and through the Easement
Area.
Subject to the foregoing and subsequent provisions hereof, Grantee, its successors,
assigns, agents, employees, workmen and representatives shall, at all present and future times,
have the right and privilege of ingress and egress in, upon, over, across and through the Easement
Area for the purposes hereof.
This easement shall be subject to and governed by the following provisions:
(1) The easement rights and privileges granted herein are non-exclusive, and
the Grantor reserves and retains the right to convey, plat and/or dedicate similar rights and
casements, as well as other types of rights and easements, to such other persons or entities as
Grantor may deem proper, providing such other conveyances do not materially affect the
Grantee's use of the easement conveyed herein.
(2) The easement rights and privileges herein granted shall be for so long as
Grantee or its assigns shall utilize the Easement Area for the purposes intended. The easement
9'1093-002 353829v1
rights and privileges granted hereunder shall terminate when or at such time as the purposes
hereof cease to exist, are abandoned by Grantee or become impossible to perform.
(3)The Casement; rights and privileges herein granted shall be subject to
• c conditions, covenants, restrictions, reservations, exceptions, rights-of-way and
encumbrances, regulations, and
easements of record, including building and zoning ordinances, all laws,, reg
ctions b� - municipal or other governmental authority applicable to and.enforceable against
resin Y
the Easement hereby granted and shall terminate upon platting of the property.:
grant The made hereunder is not a conveyance of the Easement Area nor of
any interest in the oil, gas, and other minerals in, on, or under the land subject, to easement herein
granted; but is a grant solely of the easement as above described.
(5) Grantor and its successors and assigns may not place buildings, structures,
or improvements including 'driveways, fences, landscaping, sidewalks, and any structure that in
' o le opinion could 'impede the flow of storm water or interfere with Grantee's
Grantees 5U p
construction or maintenance activities, within the Easement Arca, to encroach upon the.
(6) Grantee may permit Grantor or a third party
ent Arca with the construction of sidewalks, trails or other facilities. Any
such
Easem.
encroachment must be approved by Grantee prior to construction and will be evidenced by a
se arate. Consent to Encroachment instrument. Grantee shall not be responsible for maintenance
p
or repair of any facilities constructed by Grantor or third parties and constructed within t e
Area and Grantee shall have no liability for damages to such facilities which may
Casement ,
occur while Grantee exercises its rights granted in the Easement Area.
TO HAVE AND TO HOLD the above described easement for the said purposes,
together with all and singular, the rights, privileges, and appurtenances thereto as described theab
above in anywise belonging to the said Grantee, its successors and assigns forever, subject
limitations, conditions and restrictions set forth hereinabove..
94093-002 353029v1
TN WITNESS WHEREOF, this instrument is
ON,�2017.
STA'I'E OF TEXAS
COUNTY OF BRAZORIA
This instrument was
2017 by Tom Reid, the Mayor of the
AFTER RECORDING, RETURN TO;
Brazoria Drainage District No. 4
4805 West Broadway
Pearland, Texas 77581-3934
94{)93.0;12 353829v1
executed this 1 day of
CITY OF PEARLAND
y:
Name: Tom Reid .
Title: Mayor
§
acknowledged before me on Qoitilow
City of Pearland, Texas, for purposes intended.
3
Notary Public, S
•
u1
t of TEXAS
DAISY MATA
NOTARY PUBLIC. STATE OF TEXAS
s} MY COMMISSION EXPIRES
Expires: July 9.2019
Notary ID # 12859425-2