R2019-238 2019-09-16 RESOLUTION NO. R2019-238
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the conveyance of a trail and pedestrian access easement associated with
the Midtown at Magnolia Planned Development, to Midtown at Magnolia
(Pearland) Residential Community, Inc.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain trail and pedestrian access easement, attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby conveyed to Midtown at Magnolia.
PASSED, APPROVED, AND ADOPTED this 16th day of September, A.D., 2019.
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j _ TOM REID
r. " MAYOR
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MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
Q0ke---ark,
DARRIN M. COKER
CITY ATTORNEY
2019046077
• Total Pages: 8 PM
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TRAIL AND PEDESTIRAN ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
That City of Pearland, a municipal corporation situated in Brazoria, Fort Bend, and Harris
Counties, Texas, whose mailing address is 3519 Liberty Drive, Pearland,Texas 77581, its successors
and assigns (GRANTOR), being the owners in fee simple of the hereinafter described property
located in Pearland, Brazoria County, Texas, for and in consideration of the sum of Ten Dollars
($10.00) cash paid by Midtown at Magnolia (Pearland) Residential Community, Inc. (GRANTEE)
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, grant, convey, sell, transfer, release, and forever quit-claim unto the said GRANTEE,
whose mailing address is 2050 West Sam Houston Parkway,North, Suite 1600, Houston, TX 77042,
its successors and assigns, a public trail and pedestrian access easement ("EASEMENT"), described
by metes and bounds and map attached hereto as Exhibits "A" and "B" and made a part hereof for all
_- -- - purposes. This EASEMENT is granted for purposes including but not limited to construction,
reconstruction, maintenance, repair or removal of public trail, subject only to the provisions and
conditions herein specified.
GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and
privilege to enter upon the land covered by the EASEMENT, and the premises adjacent to the outside
boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper
for the purpose of exercising GRANTEE'S rights and privileges thereon or thereunder pursuant to
this conveyance; and for the purposes associated with the construction, reconstruction, maintenance,
or repair of the trail authorized hereunder; and for ingress and egress to and from said EASEMENT.
It is hereby understood, and by the acceptance of this instrument it is recognized, that
GRANTORS retain title to all of the oil, gas, sulfur and other mineral interests in and under said
easement, but expressly waive any and all rights of ingress and egress to the surface thereof for the
purpose of exploration, developing, mining, or drilling for the same; provided, however, that
operations for exploration or recovery of any such minerals shall be permissible so long as all surface
operations in connection therewith are located at a point outside of the above described EASEMENT,
1
and upon the condition that none of such operations shall be conducted so near the surface of said
EASEMENT as to interfere with the intended use thereof or in any way interfere with,jeopardize or
endanger the facilities of the City of Pearland or create a hazard to the public users thereof.
GRANTORS hereby agree, bind, and obligate themselves, their heirs, agents, or assigns that
no buildings shall be placed in, on or along said EASEMENT.
To have and hold perpetually, the above described property and EASEMENT for said
purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE,
its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE
will at all times, after doing any work in connection with the construction, reconstruction, repair or
removal of said trail, endeavor to restore said premises to the condition consistent with the use of the
EASEMENT that is typical for the property, considering the work undertaken by the GRANTEE,
and that in the use of said rights and privileges herein granted to GRANTEE will not create a
nuisance or do any act that will interfere with Grantor's use of the property subject to the
EASEMENT for detention purposes.
Executed this /`7 day of ..R-Y-f-hni1t-1-)) ,,2200 /`j • ,J
Grantor: City Pearlan" d�—
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AFTER RECORDING RETURN TO:
Darrin M. Coker, City Attorney
City of Pearland
3519 Liberty Drive
Pearland,TX 77581
3
THE STATE OF TEXAS §
§
COUNTY OF iramr,c- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Li/SLI f Fears-0n , known to me to be the person whose name is subscribed to the foregoing
instrurrdnt and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /74-16 DAY OF
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^"'r' JENIFEfl K. SMITH N ARY UBLICTE OF TEXAS
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EXHIBIT
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August 15, 2019
Job No. LJAS001-1002-3510
DESCRIPTION OF
0.1348 ACRE (5,873 SQUARE FEET)
TRAIL AND PEDESTRIAN ACCESS EASEMENT
Being 0.1348 acre of land located in the H.T.&B.R.R. Co. Survey, Abstract 546, Brazoria
County, Texas, more particularly being a portion of that certain called 17.465 acre tract described
as"Parcel 2" in deed to City of Pearland by an instrument of record in File Number 2007020217 of
the Official Records of said Brazoria County, Texas (B.C.O.R.), said 0.1348 acre tract being more
particularly described by metes and bounds as follows (all bearings referenced to the Texas
Coordinate System, South Central Zone, NAD 83):
BEGINNING at a 5/8-inch iron rod with cap stamped "Miller' found marking the southeast
corner of that certain called 25-foot wide Pedestrian Easement described in File Number
2016038603 of the Official Public Records of said Brazoria County Texas (B.C.O.P.R.), in the east
line of Reserve "E as shown on Midtown At Magnolia Townhomes, a subdivision of record under
File Number 2019021605 of the Plat Records of said Brazoria County, Texas (B.C.P.R.), common
to a west line of said 17.465 acre tract;
Thence, North 02° 38' 52" West, along an east line of said Midtown At Magnolia
Townhomes and a west line of said 17.465 acre tract, at 25.00 feet pass a 1/2-inch iron rod with
cap stamped "LJA SURVEY" previously set for the common east corner of said Reserve "E" and
Lot 10, Block 1 of said Midtown At Magnolia Townhomes, continuing along the east line of said Lot
10 and a west line of said 17.465 acre tract, at 112.47 feet pass a 1/2-inch iron rod with cap
stamped"WA SURVEY" previously set for the common east corner of said Lot 10 and Reserve"C"
of said Midtown At Magnolia Townhomes, continuing along the east line of said Reserve"C"and a
west line of said 17.465 acre tract for a total distance of 196.25 feet to a point for corner;
Thence, North 87° 16' 00" East, departing the east line of said Reserve "C" and a west line
of said 17.465 acre tract, 9.83 feet to a point for corner;
Thence, South 19° 36' 36" East, 87.60 feet to a point for corner;
Page 1 of 2
I:\P ojdskl VSURVEV\1002\3510\LEGALS\MOB Trail and Ped access Esmt.doc
0.1348 ACRE August 15, 2019
Job No. LJAS001-1002-3510
Thence, South 02° 38' 52" East, 112.42 feet to a point for corner;
Thence, South 87° 16' 00" West, 35.39 feet to the POINT OF BEGINNING and containing
0.1348 acre (5,873 square feet) of land.
Corner monuments were not set at the client's request.
LJA Surveying, Inc.
11
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Page 2 of 2
I:Pmidskl\SURVEY\1002\3510\LEGALSV.l&9 Trail and Ped access Esmt.doc
EXHIBIT
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Z06p5 PARCEL 2
4,p0i',10%tip m� CA CITY OF LLED 7 PEARLAND ACRES.465
p p. • FILE NO. 2007020217
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FANNIN STREET "'
(50' P.A.E./P.U.E.) n
112.47'
PASS (5) Line Table
In At Line# Direction Length
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1 rn a4'of LI N87°18'00'E 9.83'
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3 15 N 12 SSP 16'00'W 35.39
III1P to N A bq .-
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25 PEDESTRIAN EASEMENT PER APPROVED vats (s7 Lir • ;. • a.
ENCROACHMENT AGREEMENT
FILE NO. 2016038603, B.C.O.P.R. A ��
L2 •'P :vua /
RESERVE "E" \` • '
P.O.B.
FOUND 5/A-INCH IRON ROD
•
WON GW STAMPED 11f1R'
100' DRAINAGE
NO.N 2016038602
3 B.C.O.P.R.
EXHIBIT OF
0.1348 ACRE (5,873 S.F.)
TRAIL AND PEDESTRIAN
I ACCESS EASEMENT
I IN THE
( NOTES. H.T. & B.R.R. CO. SURVEY, A•546
BRAZORIA COUNTY, TEXAS
j 1) All bearings referenced to the Texas Coordinate System, AUGUST 2019 JOB NO. LJAS001-1002-3510
South Central Zone, NAD 83.
WA Surveying, Inc. la
2) Corner monuments were not set at the client's request. 29298deryerk Drive Phone 713.995200
i Suite 775 Fax 713.953.5026
j 3) (5) denotes a 1/Y Iron Rod with cop stomped 'WA Houston,Texas 77042 T.B.P.L.S.Firm No.10194382
SURVEY" previously set for corner.
FILED and RECORDED
Instrument Number: 2019046077
Filing and Recording Date: 09/18/2019 11:01:57 AM Pages: 8 Recording Fee: $50.00
I hereby certify that this instrument was FILED on the date and time stamped hereon and
RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas.
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4 5 ° I
4 4� Joyce Hudman,
County Clerk
\'g : , ,� Brazoria County, Texas
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ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE,RENTAL, OR USE OF
THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER
FEDERAL LAW AND IS UNENFORCEABLE.
DO NOT DESTROY- Warning, this document is part of the Official
Public Record.
cclerk-april