R2021-079 2021-05-10RESOLUTION NO. R2021-79
A Resolution of the City Council of the City of Pearland, Texas, conveying
an easement (south of Magnolia Road and north of Bailey Road between
FM1128 and Harkey) to Brazoria Drainage District No. 4 for maintenance
and construction 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 Easement attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby conveyed to Brazoria Drainage District No. 4.
AT
PASSED, APPROVED and ADOPTED this the 10th day of May, A.D., 2021.
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VIN COLE
AYOR
"<c).;f.1/4.1!!-A ii/S',,,,,
DRAINAGE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
5.057 acre
That the undersigned, CITY OF PEARLAND, (hereinafter 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 "A" which is attached hereto and by this reference is
made a part hereof (the "Easement Area").
The easement rights and privileges herein granted may be used only for the
purposes of constructing, operating, maintaining, repairing, replacing and reconstructing of
drainage improvements including but not limited to channels, swales, storm sewers or any other
facilities or improvements used for the storage or conveyance of storm water, 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
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.
94093-002 453332v1
(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 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 in writing 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 within the Easement Area, and Grantee shall have
no liability for removal or damage to such facilities which may occur as a result of Grantees
exercise of its rights granted herein.
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.
2
94093-002 453133v1
IN WITNESS WHEREOF, this instrument is executed this i J day of
, 2021.
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument w s acknowledged before me on the ', 3 day of
2021 by C,` ) . -eafs(sen , authorized representative of the ity of
Pearland, for the pur oses intended.
AFTER RECORDING, RETURN TO:
Brazoria Drainage District No. 4
4813 West Broadway
Pearland, Texas 77581-3934
3
94093-002 453133v1
lecun_LL KA.61-r
Notary Public, State of TEXAS
RENEE KROSs
Notary ID k132042519
My Commission Expires
June 6, 2023
EXHIBIT A , PAGE 1 OF 5 PAGES
County: Brazoria
Project: BDD4 West Lea
M&B No: 20-156
CS Job No: 19244
METES AND BOUNDS DESCRIPTION OF 5.057 ACRES
Being a tract of land containing 5.057 acres, located in the H.T. & B. R.R. Company
Survey, Abstract 546, in Brazoria County, Texas; Said 5.057 acre tract being out of a
called 17.465 acre Parcel 2, a called 19.693 acre Parcel 3 and a called 19.965 acre Parcel
4 as recorded in the name of the City of Pearland in Brazoria County Clerk's File Number
(B.C.C.F. No.) 200702017; Said 5.057 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):
BEGINNING, at a 5/8-inch iron rod found at the southeast corner of said Parcel 4, same
being the northeast corner of Lot 12, Block 1, of the Amending Plat of West Lea, a
subdivision of record in Volume 10, Page 33, of the Brazoria County Plat Records
(B.C.P.R.), on the west line of a 225 feet wide Houston Lighting and Power fee strip of
record in Volume 1145, Page 921, of the Brazoria County Deed Records;
THENCE, South 87° 10' 05" West, with the south lines of said Parcels 4, 3 and 2,
respectively, and with the north lines of Lots 12, 11, 10, 9, 8, 7, 6, 5 and 4, respectively,
of said Block 1, a distance of 1,942.62 feet to a point at the southwest corner of said Parcel
2 and the herein described tract, same being the southeast corner of Reserve "E" of
Midtown at Magnolia Townhomes, a subdivision of record in Plat No. 2019021605 of the
B.C.P.R.;
THENCE, North 02° 44' 55" West, with the west line of said Parcel 2 and the east line of
said Reserve "E", at a distance of 81.92 feet pass a 5/8-inch capped iron rod found at the
northeast corner of said Reserve "E" and the southeast corner of Lot 10, Block 1, of said
Midtown at Magnolia Townhomes, continuing with the east line of said Lot 10 a total
distance of 113.38 feet to a point for the northwest corner of the herein described tract;
THENCE, North 87° 10' 05" East, through and across said Parcels 2, 3 and 4, respectively,
a distance of 1,942.82 feet to a point on the east line of said Parcel 4 and the west line of
said fee strip, for the northeast corner of the herein described tract;
EXHIBIT A , PAGE 2 OF 5 PAGES
THENCE, South 02° 38' 44" East, with the east line of said Parcel 4 and the west line of
said fee strip, a distance of 113.38 feet to the POINT OF BEGINNING and containing
5.057 acres of land,
An Exhibit Map of the herein described tract was prepared in conjunction with and
accompanies this description.
Chris Rhodes, R.P.L.S.
Texas Registration Number 6532
CIVIL-SURV LAND SURVEYING, LC
PH: (713) 839-9181
October 6, 2020
SCALE:1•-100'
LOT 10
BLOCK I
MOTOWN AT MAGNOL/A
TOWNHOMES
PLAT NO. 2019021605
B.C.P.R.
MD 5/8. a LR.�
RESERVE "E"
MOTOWN AT MAGNOL/A
TOWNHOMES
PLAT NO. 2019021605
B.C.P.R.
J
EXHIBIT A , PAGE 3 OF 5 PAGES
LINE TABLE
LINE # '
DIRECTION
LENGTH
L1
N 2'44'55" W
113.38'
L2
S 2'38'44" E
113.38'
CALLED 17.465 ACRES
PARCEL 2
CITY OF PEARLAND
B.C.C.F. NO. 2007020217
LEGEND
B.C.D.R. - BRAZORIA COUNTY DEED RECORDS
B.C.C.F. - BRAZORIA COUNTY CLERK'S FILE
B.C.P.R. - BRAZORIA COUNTY PLAT RECORDS
END. - FOUND
C.I.R. - CAPPED IRON ROD
I.R. - IRON ROD
No. - NUMBER
R.O.W. - RIGHT-OF-WAY
P.O.B. - POINT OF BEGINNING
D.E. - DRAINAGE EASEMENT
U.E - UTIUTY EASEMENT
VOL - VOLUME
PG. - PAGE
ESMT. - EASEMENT
5.057 ACRES
220,268 SQUARE FEET
r) .r
WW
Lai W
=
En fn
LOT ,3
�LOT
ARY'S CREEK
UNIT NO. M100-00-00
10' U.E.
VOL. 10. PG. 33
B.C.P.R.
10590 WESTOFFICE DRIVE. SUITE /100
HOUSTON, TEXAS 77042
Civil -Sure
Land Surveying,LLC
OFFICE: (713) 839-9181
TBPLS No. 10143800
Email: mIchoelOcI1I-surv.net
NOTE:
LOT 5
75' D.E.
VOL. 10. PG. 33
B.C.P.R.
10' U.E.
VOL. 10. PG. 33
B.C.P.R.
1. THE BEARINGS SHOWN HEREON ARE
BASED ON THE TEXAS COORDINATE
SYSTEM OF 1983, SOUTH CENTRAL
ZONE.
2. A METES AND BOUNDS DESCRIPTION
OF EVEN DATE HAS BEEN PREPARED IN
CONJUNCTION WITH AND ACCOMPANIES
THIS EXHIBIT.
LOT 6
BLOCK 1
AMEND/NG PLAT OF
WEST LEA
VOL. 10, PG. 33
B.C.P.R.
LOT 7
5.057 ACRE EXHIBIT
10' U.E.
VOL. 10, PG
B.C.P.R.
OUT OF A CALLED 17.465 ACRE PARCEL 2, A CALLED
19.693 ACRE PARCEL 3 AND A CALLED 19.965 ACRE
PARCEL 4 AS RECORDED IN THE NAME OF THE CITY OF
PEARLAND IN B.C.C.F. No. 200702017, IN THE
H.T. & B. R.R. CO. SURVEY
ABSTRACT NO. 546
BRAZORIA COUNTY, TEXAS JOBS: 19244 OCTOBER 6, 2020
LEGEND
B.C.O.R. - BRAZORIA COUNTY DEED RECORDS
B.C.C.F. - BRAZORIA COUNTY CLERK'S FRE
B.C.P.R. - BRAZORIA COUNTY PLAT RECORDS
FND. - FOUND
C.I.R. - CAPPED IRON ROO
I.R. - IRON ROO
No. - NUMBER
R.O.W. - RIGHT-OF-WAY
P.O.B. - POINT OF BEGINNING
D.E. - DRAINAGE EASEMENT
U.E. - UTIUTY EASEMENT
VOL - VOLUME
PG. - PAGE
ES/AT. - EASEMENT
EXHIBIT A , PAGE 4 OF 5 PAGES
CALLED 19.693 ACRES
PARCEL 3
CITY OF PEARLAND
B.C.C.F. NO. 2007020217
N 8710'05" E 1942.82'
CALLED 19.965 ACRES
PARCEL 4
CITY OF PEARLAND
B.C.C.F. NO. 2007020217
5.057 ACRES
220,268 SQUARE FEET
vLO
w
w
w
x
8
LOT 7
S 8710'05` W 1942.62'
LOT 9
LOT 8
10' UE.
VOL. 10, PG. 33
B.C.P.R.
SCALE 1.-100
10590 WESTOFFICE DRIVE, SUITE /100
HOUSTON, TEXAS 77042
I. .
Civil -Sure
Land Surveying,LLC
OFFICE: (713) 839-9181
TBPLS No. 10143800
Email: michoelOcivil-eurv.net
10' U.E.
VOL. 10. PC. 33 10' U.E.
B.C.P.R. VOL. 10, PG. 33
B.C.P.R.
NOTE
LOT 10
MARY'S CREE
UNIT NO. M100-00-00
LOT 11
1. THE BEARINGS SHOWN HEREON ARE
BASED ON THE TEXAS COORDINATE
SYSTEM OF 1983, SOUTH CENTRAL
ZONE.
2. A METES AND BOUNDS DESCRIPTION
OF EVEN DATE HAS BEEN PREPARED IN
CONJUNCTION WITH AND ACCOMPANIES
THIS EXHIBIT.
BLOCK 1
AMEND/NG PLAT OF
WEST LEA
VOL. 10, PG. 33
B.C.P.R.
5.057 ACRE EXHIBIT
OUT OF A CALLED 17.465 ACRE PARCEL 2, A CALLED
19.693 ACRE PARCEL 3 AND A CALLED 19.965 ACRE
PARCEL 4 AS RECORDED IN THE NAME OF THE CITY OF
PEARLAND IN B.C.C.F. No. 200702017, IN THE
H.T. & B. R.R. CO. SURVEY
ABSTRACT NO. 546
BRAZORIA COUNTY, TEXAS JOB#: 19244 OCTOBER 6, 2020
EXHIBIT A, PAGE 5 OF 5 PAGES
CALLED 19.965 ACRES
PARCEL 4
CITY OF PEARLAND
B.C.C.F. NO. 2007020217
LOT 11
ARY'S CREEK
UNIT NQ,_ Ii110¢Q.QD0_
BLOCK 1
AMENDING PLA T OF
WEST LEA
VOL. 10, PG. 33
B.C.P.R.
F
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
N 2'44'55" W
113.38'
L2
S 2'38'44" E
113.38'
in
5.057 ACRES
w 220,268 SQUARE FEET
Tn
LOT 12
75' D.E.
VOL. 10, PG. 33
B.C.P.R.
10590 WESTOFFICE DRIVE, SUITE #100
HOUSTON, TEXAS 77042
Civil-Sury
Land Surveying,LLC
OFFICE: (713) 839-9181
TBPLS No. 10143800
Email: mIchaelOcIvil—sur¢net
10' U.E.
VOL. 10, PG. 33
B.C.P.R.
NOTE
1. THE BEARINGS SHOWN HEREON ARE
BASED ON THE TEXAS COORDINATE
SYSTEM OF 1983, SOUTH CENTRAL
ZONE
2. A METES AND BOUNDS DESCRIPTION
OF EVEN DATE HAS BEEN PREPARED IN
CONJUNCTION WITH AND ACCOMPANIES
THIS EXHIBIT.
225E H.L. do P.
FEE STRIP
VOL 1145, PC. 921
B.C.D.R.
P.O.B.
FND. 5/8' I.R.
LEGEND
SCALE 1'-100'
B.C.D.R. = BRAZORIA COUNTY DEED'RECORDS
B.C.C.F. - BRAZORIA COUNTY CLERK'S FILE
B.C.P.R. — BRAZORIA COUNTY PLAT RECORDS
FND. — FOUND
C.I.R. - CAPPED IRON ROD
I.R. — IRON ROD
No. — NUMBER
R.O.W. - RIGHT—OF—WAY
P.O.B. — POINT OFF BEGINNING
D.E. - DRAINAGE EASEMENT
U.E. - UTILITY EASEMENT
VOL — VOLUME
PG. — PAGE
ESMT. - EASEMENT
5.057 ACRE EXHIBIT
OUT OF A CALLED 17.465 ACRE PARCEL 2, A CALLED
19.693 ACRE PARCEL 3 AND A CALLED 19.965 ACRE
PARCEL 4 AS RECORDED IN THE NAME OF THE CITY OF
PEARLAND IN B.C.C.F. No. 200702017, IN THE
H.T. & B. R.R. CO. SURVEY
ABSTRACT NO. 546
BRAZORIA COUNTY, TEXAS JOB#: 19244 OCTOBER 6, 2020