R2018-047 2018-09-17 RESOLUTION NO. R2018-47
A Resolution of the City Council of the City of Pearland, Texas, conveying a
drainage easement (east of Pearland Parkway and south of Hughes Road
between the Clear Creek Park Subdivision and Clear Creek) to Brazoria
Drainage District No. 4 for the construction and maintenance of drainage
facilities associated with Clear Creek.
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.
PASSED, APPROVED, AND ADOPTED this 17th day of September, A.D., 2018.
TOM REID
MAYOR
ATTEST:
Yo NG LU'P11NG,
Y SE V4'=TARY
APPROVED AS TO FORM:
LAWRENCE PR S
DEPUTY CITY ATTORNEY
Exhibit "A"
DRAINAGE EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
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 called "Grantee"), an easement upon, over,
across and through the property situated in Brazoria County, Texas, as described by metes and
bounds in Exhibit " 1 "which are attached hereto and by this reference are made a part hereof
(the `Basement Area").
The easement 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
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
Page 8 of 17
1
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 Area.
(6) Grantee may permit Grantor or a third party to encroach upon the
Easement Area 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 limitations, conditions and restrictions set forth hereinabove.
Page 9 of 17
2
94093-002 353829v1
CITY OF PEARLAND
By: c4.r%/,'►2
Name: Tom Reid
Title: Mayor
IN WITNESS WHEREOF, this instrument is executed this �N 'day of
, 018.
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on rC L. 2 y rh
2018 by Tom Reid, the Mayor of the City of Pearland, Texas, for purposes intended.
47,_,. --91/ /'
Notary Public, State of TEXAS
AFTER RECORDING, RETURN TO:
Brazoria Drainage District No.4
4805 West Broadway
Pearland,Texas 77581-3934
0.0.,o m4 MICHAEL MARK MUSCARELLO
�\ .Notary ID #12534022-8
My Commission Expires
''''"tor-0- August 02,2022
Page 10 of 17
EXHIBIT 1, PAGE 1 OF 7 PAGES
County: Brazoria
Project: BDD4 Clear Creek Park
M&B No: 17-092
CS Job No: 15176
METES AND BOUNDS DESCRIPTION OF 12.393 ACRES
Being a tract of land containing 12.393 acres, located in the Thomas J. Green Survey,
Abstract 198, in Brazoria County, Texas; Said 12.393 acre tract being out of a called
20.970 acre tract of land recorded in the name of City of Pearland, in Brazoria County
Clerk's File Number (B.C.C.F. No.) 1999038231; Said 12.393 acre tract being more
particularly described by metes and bounds as follows(all bearings are referenced to the
Texas Coordinate System of 1983, South Central Zone):
COMMENCING, at a 5/8-inch capped iron rod found at the most westerly corner of said
20.970 acre tract and the north corner of Block 2 of Final Plat Clear Creek Park, a
subdivision recorded in Volume 21, Pages 35-36, of the Brazoria County Plat Records
(B.C.P.R.) on the southeasterly line of a sixty five feet wide strip of land recorded in the
name of City of Pearland in B.C.C.F. No. 1995042077;
THENCE, North 41° 55'50"East,with the northwesterly line of said 20.970 acre tract and
the southeasterly line of said sixty five feet wide strip, a distance of 168.08 feet to the
POINT OF BEGINNING of the herein described tract;
THENCE, North 41° 55' 50" East, continuing with the northwesterly line of said 20.970
acre tract and the southeasterly line of said sixty five feet wide strip, a distance of 166.67
feet to a point for the most northerly corner of said 20.970 acre tract in the called centerline
of Clear Creek;
THENCE,with easterly and southerly lines of said 20.970 acre tract,same being the called
centerline of said Clear Creek, the following twenty two (22)courses:
1. South 39°57' 08" East, a distance of 373.36 feet to an angle point;
2. South 30°49' 19" East, a distance of 82.99 feet to an angle point;
3. South 19° 18' 29"East, a distance of 272.29 feet to an angle point;
4. South 26°24° 26" East, a distance of 97.83 feet to an angle point;
5. South 39° 18' 11" East, a distance of 63.56 feet to an angle point;
6. South 49°45' 49" East, a distance of 203.53 feet to an angle point;
7. South 38°35'41"East, a distance of 193.99 feet to an angle point;
Page 11 of 17
EXHIBIT 1 , PAGE 2 OF 7 PAGES
8. South 04°54' 01"West, a distance of 163.33 feet to an angle point;
9. South 29° 13' 00"West, a distance of 114.96 feet to an angle point;
10. South 09°04' 15"West, a distance of 103.28 feet to an angle point;
11.South 09°00'20" East, a distance of 178.15 feet to an angle point;
12. South 09° 16'40"West, a distance of 67.31 feet to an angle point;
13. South 20° 16' 02"West, a distance of 155.06 feet to an angle point;
14. South 24°27' 19" East, a distance of 129.02 feet to an angle point;
15. South 21° 12'27" East, a distance of 149.77 feet to an angle point;
16. South 18°42' 02"West, a distance of 172.65 feet to an angle point;
17. South 80° 16' 11"West, a distance of 97.47 feet to an angle point;
18. North 80°07' 59"West, a distance of 265.19 feet to an angle point;
19. South 87° 13' 35"West, a distance of 132.52 feet to an angle point;
20. South 81° 24' 28"West, a distance of 128.59 feet to an angle point;
21.South 46° 19' 07"West, a distance of 143.84 feet to an angle point;
22. South 29° 25' 46" West, a distance of 84.38 feet (called 84.67 feet) to the most
southerly corner of said 20.970 acre tract on the northeasterly line of a ninety feet
wide easement recorded in the name of City of Pearland in Volume(87)496, Page
776, of the Brazoria County Deed Records;
THENCE, North 50° 39' 51"West, with the southwesterly line of said 20.970 acre tract
and the northeasterly line of said ninety feet wide easement, a distance of 151.97 feet
(called 152.27 feet)to a point for the most southerly southwest corner of said 20.970 acre
tract and the most southerly corner of Reserve "A" of said Final Plat Clear Creek Park,
from which a 5/8-inch iron rod found disturbed for a southerly angle point of said Reserve
"A" and the most northerly corner of said ninety feet wide easement bears North 50° 39'
51"West, a distance of 136.68 feet;
THENCE,with lines common to said 20.970 acre tract and said Reserve"A", the following
three(3)courses:
1. North 29°25'46" East, a distance of 80.74 feet to an angle point;
Page 12 of 17
EXHIBIT 1 , PAGE 3 OF 7 PAGES
2. North 46° 19' 07" East, a distance of 222.85 feet to a 518-inch iron rod found
disturbed at an angle point;
3. North 14° 39' 59" East, a distance of 10.50 feet to an angle point, from which a
5/8-inch iron rod found for an easterly angle point of said Reserve "A" and a
westerly angle point of said 20.970 acre tract bears North 14° 39' 59" East, a
distance of 315.31 feet;
THENCE, through and across said 20.970 acre tract, the following twelve(12)courses:
1. North 81°24' 28" East, a distance of 172.25 feet to an angle point;
2. North 87° 13'35" East,a distance of 159.18 feet to an angle point;
3. South 80° 07' 59" East, a distance of 144.99 feet to a point for the beginning of a
curve to the left;
4. 106.34 feet along the arc of said curve to the left, having a radius of 50.00 feet, a
central angle of 121° 51' 43", and a chord that bears North 37° 32' 51" East, a
distance of 87.40 feet to an angle point;
5. North 24°27' 19"West,a distance of 192.22 feet to an angle point;
6. North 06°55' 26"East, a distance of 397.36 feet to an angle point;
7. North 09° 04' 15" East, a distance of 158.84 feet to an angle point;
8. North 29° 13'00" East, a distance of 108.72 feet to an angle point;
9. North 04°54'01" East, distance of 61.96 feet to an angle point;
10. North 38°35'41"West,a distance of 112.04 feet to an angle point;
11. North 49° 45' 49"West,a distance of 202.50 feet to an angle point;
12, North 39° 18' 11"West, a distance of 83.23 feet to an angle point on the westerly
line of said 20.970 acre tract and the easterly line of aforesaid Block 2, from which
a 5/8-inch iron rod found at the southeast corner of Lot 22 of said Block 2 and the
northeast corner of Lot 23 of said Block 2 bears South 19°29'46"East, a distance
of 12.93 feet;
THENCE,with the westerly line of said 20.970 acre tract and the easterly line of said Block
2, the following three(3)courses:
Page 13 of 17
EXHIBIT 1, PAGE 4 OF 7 PAGES
1. North 19°29'46"West,a distance of 75.68 feet to a 518-inch capped iron rod found
at the northeast corner of said Lot 22 and the southeast corner of Lot 21 of said
Block 2;
2. North 30°40' 59"West, a distance of 88.59 feet to an angle point;
3. North 42° 13' 45"West,a distance of 7.07 feet to an angle point;
THENCE,through and across said 20.970 acre tract, the following three (3) courses:
1. North 19° 18'29"West,a distance of 235.82 feet to an angle point;
2. North 30°49' 19"West,a distance of 53.18 feet to an angle point;
3. North 39° 57' 08"West, a distance of 336.65 feet to the POINT OF BEGINNING
and containing 12.393 acres of land.
An Exhibit Map of the herein described tract was prepared in conjunction with and
accompanies this description.
(// OF t:r%
ichael Hall, R.P.L.S. . HALL
Texas Registration Number 57'65 1..................
� 5765 Q:.-
•
CIVIL-SURV LAND SURVEYING, LC
PH: (713) 839-9181
October 6, 2017
Revised December 12, 2017
Page 14 of 17
EXHIBIT !1 , PAGE 5 OF 7 PAGES
5�
1 TRACT:3 / �\
FINAL PLAT (� '�
GREEN TREE TERRACE
.....:
SECTION 7 .. / �00��
`p. F.C. No.' 352061 N .
H.C.M.R.
QO.�� LOT 85
P
9[1' H.C.F.C.D. O.E.
VOL 2279,' PG. 551 H,C.DR.
CITY OF PEARLAND •- - .
B.C.C.F. No.
1995042077/ \\\
P.O.B. ett
ALLISON-RICHEY SCALE 1%40D'
GULF COAST
ti‘ DIVISION
PA T OF U SUBURBAN
FARMS SECTION "G"
P:O.C. o g, VOL. 4, PG. 48, •
, )�tH.C.M.R.
FND. 5/8" I.R. -Q" 3
3 /
/ + A,,9). c LOT86.
BLODoi(2 LOT 14 .. !�� .b ` CLEAR 15IEELIN K F
LOT 12 • ••
18 1 Olt 66, 103 AND 120
LOT 11 /Lc)rFND. 5/8IE.111. M_CLAIN, .JR.
c.1.R: 101.17 1/ H.C.C.F.'No. S366605
LOT 10 4
LOT I8 .
.or 9 ANAL.PLAT •
:'GREEK PAR • LOT 19 '
VOL. 21, PG.(e) •LOT 2. ��
35-36. B.C.P.R..
LEGEND. L42" c. "
41 e=.M.P.H. - BRAZORIA COUNTY PLAT RECORDS . LOT"21 } END,5/8` ;
H.C.D.R. = HARRIS COUNTY DEED MA COUNTY KRECORDS \ I R i`
H.C.C.F.=HARRIS COUNTY CLERK'S FILE . LOT 22 , 1 .TQ LOT W3
H.C.N.R. - HARRIS COUNTY MAP RECORDS !-i ! L!f __ `�Q
FM). FOUND. X47 C rACRES
I.R.s_IRON"ROD aQ
PAD. -POINT OF BEGINNING LOT 23"
P.O.C. -.POINT OF COMMENCING
No. NUMBER: GAT:24 �.
_.
, CLEAR uCREEK
F.C. N., FILM CODE .. BLOCK 2 s. .}
D.E. DRAINAGE EASEMENT 4. `0' '
H.C.F.C.D m. HARRIS COUNTY FLOOD. END. 5/8 NO. 5/8" -
CONTROL DISTRICT ER. C.I.R.
VCL= VOLUME . .
PG.:- PAGE
PARKSIDE DRIVE
.
6O R.o.w. -.A 'r d
C
(VOL 21, PG. 35-.36 - B.C.P,.R.) RESTRICTED" .LOT 120
_ MATCH RESERVE A MATCH:
LINE •
12.;393 ACRES � .�. FND 5 UNE . T
EASEMENT EXHIBIT
OUT OF A CALLED 20:970 ACRE,TRACT.OF LAND 5909 WEST LOOP STM, SUITE..200
RECORDED IN THE NAME OF THE CITY OF PEARLAND_ BELLAIRE, TEKAS 77401
IN B.C.C.F."No. 1999038231,IN THE
ROTE. 947CE: (7I3) a39-9181
THOMAS
THOMAS J. GREEN .SURVEY. •' FA* (713).539-9020
1,THE BEARINGS SHOWN ON 7His
ABSTRACT IVO. 198. E70tl81T'ARE BASS) ON THE"TEXAS: Ci,''
Su i
COORDINATE SYSTEM OF 1985,
BRAZORIA COUNTY; TEXAS sOU RAL.H CENT --ZONE.
DECEMBER 12, 2017 Land Surveying,LLC
JOB&" 15176 2• A METES AND BOUNDS
DESCRIPTION OF EVEN DATE WAS 18FLS No. 10143800
PREPARED IN CC�td1NCTi0N.W1TH
AND ACCOMPANIES THIS E)DIIBI'G Droll: mlchaeltIMIy2=Surv.net
Page 15of17
EXHIBIT 1, PAGE 6 OF 7 PAGES
I ...J. .
RESTRICTED Ao ..-, WT 120
MATCH RESERVE 84D •-, ,WATCH
LINE FND. 5/ ,UNE
LR. •--- ,` 4,.,
7/
_
PARKSIDE DRIVE
. r_- ournmuNE oF
(so RAM) FxD. sor -' .....-- CLEAR CREW
(VOL 21, PG. 35-36 •••••• B,C.P.R,) LR. ,,./ --" te)
. ix , _ n SqPiel'`200.
_..- .
7 D. 5/shN il
PALLED 20.970
.... ,.
ACRES
CITY OF PEARLAND ,.,-,.
FND. S18-, B.C.C.F. No. - -,--
1999038231 ,.
- -,
FINAL PLAT
.-' =' e )PsA
CLEAR CREEK PARK
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VOL 21, FON RESTRICTED .--- 01 0
35736: EI.C.P.R. s, to
RESERVE A., 1.10 ,--- !
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LEGEND 0INTERLINE OF
B.C.P.11.-=BRAZORIA COUNTY PLAT RECORDS CLEAR cRianC
B.C.C.F. = BRAZORIA COUNTY CLERK'S FILE
H.C.D.R. =HARRIS COUNTY DEED RECORDS
H.C.C.F..I. HARRIS COUNTY CLERK'S FILE
H.C.M.R.'- HARRIS COUNTY MAP? RECORDS
N\s) FWD. = FOUND
LR. 1. IRON ROD
• P.O.B. .1 POINT OF BEGINNING
• PAC. - POINT OF COMMENCING
No. .• NUMBER
F.C. = FILM CODE
DE:,. DRAINAGE EASEMENT
H,C.F.C.D. .. HARRIS COUNTY FLOOD
CONTROL DISTRICT
VOL .. VOLUME
PG.= PAGE
12.393 ACRES
590 VAST LOOP SOUTH, SUITE#200 EASEMENT EXHIBIT
naiRRE. imus no'
OUT OF A cALuze 20.970-ACRE TRACT OF LAND
RECORDED IN THE NAME OF THE aTY OF PEARLAND
OFFICE: (713)83O-9181 NOTE•
, FAX: (713) 830-8020 --- IN B.C.C.F. No 1999038231 IN THE
CiVil-Sun 1. THE BEARINGS SHOWN ON THIS - . '
MINT ARE BASED ON THE-1EXAS1HOMAS 4..GREEN SURVEY,.
COORDINATE SYSTEM OF 1984 ABSTRACT NCI 198
Land Surveying,LLC SOUTH CENTRAL ZONE. •
2. A ME116 AND'BOUNDS BRAZORIA COUNTY, TEXAS
lapis No.1014,3800 DESCRIPTION OF EVEN DATE WAS DECEMBER 12, 2017
EinaW: michadOolvil–ourv.net ANPREPD AREDAcco it'VCCINJUNC11.13N ‘114 JOB* 15176
WANES THLS EXHIBIT.
Page 16 of 17
,EXHIBIT.1, ;PAGE 7. OF 7 PAGES
NOTE: .
CURVE TABLE .1. TME BEARINGS'SHOWN ON THIS
EXHIBIT ARE'BASED ON THE TEXAS
COORDINATE SYSTEM OF 1983,
CURVE # RADIUS DELTA LENGTH CHORD, DIRECTION CHORD LENGTH 9011TM CENTRAL zONE.
2A.METES'AND BOUNDS
C1. 50:00' 121'51'43 1,06.34' N 3732'51 E 87:40' DESCRIPTION OF EVEN DATE'WAS
PREPARED IN CONJUNCTION'WITH
AND.ACCOTAPANIES THIS EXHIBIT.
,:LINE 'TABLE LINE TABLE LINE TABLE
,UNE. `# ;DIRECTION LENGTH UNE # DIRECTION LENGTH. -LINE #. 'DIRECTION LENGTH
L1 _ •N 41'55'50 E 168.08' L21 S 8713'35" W 132.52' L41 N 30'40'59" W 88.59'
L2 ,N: 41'55'50' E. 166.67' L22 S .8114'28' W 128.59' L42 N 4293'45" W 7.07'
L3 .S;39'57'08".E 373.36' L23 S 46'19.'07' W 143.84' L43 N 1918'29' W 235.82'
L4 -S 30'49'19"_E 82.99' L24 S 2915'46" W 84.38' L44 N 30'49'19" W 53.18'
• L5 'S-191 8'29" E; 272.29' L25 N 50'39'51" W 151.97' •L45- N 39'57'08" W i 336:65'
L6 S 262416" E 97.83' L26'- N-29.'25'46." E' 80.74' .L46 N 50'39'51." W 136.68"
L7 S 3918'11 E: 63:56'_• ' 1_27 N 4619'07" E 222.85' L47 S 19'29'46" E 12.93'
1.8 S :49'45'49" E 203.53' • 128 .N 14'39'59" E 10:50'
L9 :S 38'35'41" E 193.99' 129. .N 81'24''28" E 172.25' 12.393 ACRES
110; S 4'54.,'01"'W 163:33' • L30 N 8713'35 E 159.18' EASEMENT EXHIBIT
OUT.OF-A'CALLED.20.970 ACRE TRACT.OF LAND-
L11 -S 29931.00" W. 114.96° . L31 S 80'07'59" E' 144.99' RECORDED IN THE NAME.OF'THE CITY OF PEARLAND
IN B.C.C.F. NO. 1999038231,.IN THE
L12 S 9O415' 'W '10328' L32 N. '247271 9" W 192.22' THOMAS J. GREEN SURVEY.
L13` S 9'00'20" E 178.15' 133 N 6'55'26" E 397.36' ABSTRACT NO: 198
BRAZORIA,COUNTY.,TEXAS
•
L14. .S 916'40" W ' 67.31' L34 N 9'04'15"`'E 158.84' DECEMBER 12, 2017
JOBB' 15176
'115 ' S 2016'02"'W. 155.06' L35 N' 2913'00"' E 108.72'
L16' 'S..24'27'19""E 129.02'. 1.36 N 4'54101" E 61.96' ' 5908'VEST LOOP.SOUTH. SUITE X200
BELLAIRE, TEAS'77401
.1.17 S.-2112'27"'.E 149.77' L37 N 38'35'41" W 112.04' OFFICE. (713)'839-9181
FAX: (713)839-9020
'L18.- S,'18.42'02" W' 172.65' ' L38 N 49'45'49" W 202.50' 'CivilaSurir
co L19 -S 8016'11" W 97.47' 1.39 -N•3918'11" W-' 83.23' ' Land.Surveying,LLC•
CD 1.20 N 80'07'59" W. 265.19' L40 N '19'29'46" W 75.68' TOMl Na 10143800
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