R2020-120 2020-07-13RESOLUTION NO. R2020-120
A Resolution of the City Council of the City of Pearland, Texas, conveying a
drainage easement to Brazoria Drainage District No. 4 for the construction
and maintenance of drainage facilities associated with Mary's 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 approved and shall be conveyed to Brazoria Drainage
District No. 4.
PASSED, APPROVED, AND ADOPTED this 13th day of July, A.D., 2020.
AT ST:
CHNSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
n a,— &-
DARRIN
M. COKER
CITY ATTORNEY
TOM -
MAYOR
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"), has granted, sold and conveyed, and by
these presents does hereby grant, sell and convey unto an easement upon, over, across and
through the property (the `Basement Area") situated in Brazoria County, Texas, as described
below:
7.0591 acres being all of the Restricted Reserve B, and 7.7824 acres being all of
the Restricted Reserve C, Minor Plat of East Mary's Creek Regional Detention
Pond according to the map or plat thereof recorded on August 21, 2009 at
Document number 2009037344, Official Public Records of Brazoria County,
Texas
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
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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
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.
(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 shall 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 parry 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.
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IN WITNESS WHEREOF, this instrument is executed this *klay of
12020.
CITY OF PEARLAND, TEXAS
By:
Name: 'r' p AA V,4 it)
Title:
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the A�'day of
2020 by `('owe 9-t-tp , the of
the Ci f Pearland for purposes intended.
,pr r k MARIA ESCALANTE RODRIGUEZ
Notary ID #1069221-7
My Commission Expires
•' Ea March 14, 2021
Notary Public, State of TEX01S
AFTER RECORDING, RETURN TO:
Brazoria Drainage District No. 4
4805 West Broadway
Pearland, Texas 77581-3934
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