R2006-179 10-23-06 RESOLUTION NO. R2006-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING A THIRTY-FOOT (30') DRAINAGE
EASEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain thirty-foot (30') Drainage Easement, attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby conveyed to Pearland
Town Center Limited Partnership.
PASSED, APPROVED, AND ADOPTED this 23rd day of October, A.D., 2006.
TOM REID
MAYOR
ATTEST:
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YS RETAR
APPROVED AS TO FORM:
COAA - .
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
YI A
�,�DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
THE CITY OF PEARLAND, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter referred to as "Grantor"), for the sum of Ten and No/100 ($10.00) Dollars and other
good and valuable consideration in hand to Grantor by PEARLAND TOWN CENTER
LIMITED PARTNERSHIP, a Texas limited partnership (hereinafter referred to as "Grantee"),
the receipt and sufficiency of which are hereby acknowledged,has subject to the matters set forth
herein, GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY unto the said-Grantee, a non-exclusive right of access and easement to be used by
Grantee solely for the purpose of constructing, maintaining, repairing, operating, replacing and
removing storm sewer drainage facilities, including, but not limited to the construction and
maintenance of sanitary sewer lines and drainage facilities, said easement (hereinafter referred to
as the "Easement"), as described by metes and-bounds on Exhibit "A" attached hereto and as
shown on the drawing on Exhibit "B" attached hereto, being over, under, upon, through and
across the property described on Exhibit "C" attached hereto (the "Property"). -
The Easement herein granted is subject to the following reservations provisions,
covenants and exceptions set forth below:
(1) Grantor hereby reserves unto itself and its successors and assigns the right at any
time and from time to time to construct, install, maintain, operate, repair, replace or
remove roads, driveways, sidewalks, parking lots, ditches, utility lines and mains over,
under, upon and across the property encumbered by the Easement; provided, however,
that such reserved rights shall be exercised in a manner that will not impede Grantee's
access to the Easement or otherwise interfere with the drainage across the Easement or
otherwise materially interfere with Grantee's right to use the same for the purposes stated
herein. Further, Grantor may not construct permanent buildings or similar structural
improvements on the Easement;
(2) All restrictions, easements, reservations, conditions, covenants, agreements,
encumbrances and other matters of a similar nature on file or of record in the Office of
the County.Clerk of Brazoria County, Texas.
TO HAVE AND TO HOLD, subject to the matters set forth herein, the above described
Easement unto the said Grantee, its successors and assigns, and Grantor does hereby bind itself,
its successors; assigns and legal representatives, to warrant and forever defend the above-
described Easement, unto said Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or attempting to claim the same or any part thereof by, through or
under Grantor,but not otherwise.
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EXECUTED this day of , 2006.
GRANTOR:
THE CITY OF PEARLAND, TEXAS
By:
Name:
Title:
GRANTEE:
PEARLAND TOWN CENTER LIMITED
PARTNERSHIP, a Texas limited
partnership
By: Pearland Town Center GP, LLC, a
Delaware limited liability company,its
sole general partner
By: CBL &Associates Limited
Partnership, a Delaware limited
partnership, its sole member and chief
manager
By: CBL Holdings I, Inc., a Delaware
corporation, its sole general partner
By:
Name:
Title:
Address of Grantee:
Pearland Town Center Limited Partnership
do CBL &Associates Management, Inc. •
2030 Hamilton Place Blvd., Suite 500 w
Chattanooga, TN 37421
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THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of
2006 by , on behalf of the City of Pearland, Texas, known to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
same for the purposes and considerations therein expressed, as his free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2006.
Notary Public in and for the
State of
My Commission Expires:
HOUSTON\1990172.2
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of
2006 by the of CBL Holdings I, Inc., a Delaware
corporation, the sole general partner of CBL & Associates Limited Partnership, a Delaware
limited partnership, the sole member and chief manager of Pearland Town Center GP, LLC, a
Delaware limited liability company, the sole general partner of Pearland Town Center Limited
Partnership, a Texas limited partnership, known to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed same for the purposes and
considerations therein expressed, as his free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2006.
Notary Public in and for the
State of
My Commission Expires:
HOUSTON\1990172.2
EXHIBIT A
Description of Easement
METES AND BOUNDS DESCRIPTION
30 FOOT WIDE DRAINAGE EASEMENT
H.T. & B.R.R. SURVEY, ABSTRACT 300, SECTION 81
BRAZORIA COUNTY, TEXAS
BEING 0.4373 acre, (19,049 square feet) of land out of and across a 4.8705 acre tract
described as being out of and part of a called 154.0026 acre tract described in deed to
Peyton Martin, Trustee recorded under File Number 91-000518 of the Official Records
of Brazoria County (B.C.O.R), located in the H.T. .& B.R.R. CO. Survey, Abstract 300,
Section 81 Brazoria County, Texas. Said 30 foot wide drainage easement is more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with cap stamped Carter & Burgess for the northeast
corner of Restricted Reserve "B" of Southgate Section One, a subdivision as shown on
the plat thereof recorded in Volume 24, Page 123 (B.C.P.R.) and the common corner of
a called 3.45 acre tract described in deed to Lingo Southgate LTD., recorded under File
Number 02-041090 (B.C.O.R) and being in the west right-of-way line of Kirby Drive
(100' right-of-way) recorded in Volume 24, Page 123 (B.C.P.R.);
THENCE South 86 degrees 40 minutes 49 seconds West, with the north line of said
Southgate, Section One, a distance of 625.90 feet to a 5/8-inch iron rod with cap
stamped Carter & Burgess for the northeast corner of Southgate, Section One, and the
east line of a called 20.0 acre tract described in deed to William C. Walsh, recorded
under File Number 96-008394 (B.C.O.R);
THENCE North 03 degrees 18 minutes 55 seconds West, with the west line of said
called 20.0 acre tract, a distance of 30.00 feet to a point for the northwest corner of the
herein described tract;
THENCE North 86 degrees 40 minutes 49 seconds East, a distance of 644.05 feet to a
point for the northeast corner of the herein described tract. Said point also being in the
west line of the aforementioned 3.45 acre tract;
THENCE South 27 degrees 51 minutes 50 seconds West, with the west line of said
called 3.45 acre, a distance of 35.07 feet to the POINT OF BEGINNING and containing
0.4373 of one acre of land
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EXHIBIT C
Description of Property
DESCRIPTION OF A
4.8705 ACRE TRACT OUT OF
H.T. & B.R.R. CO. SURVEY A-300, SECTION 81
BRAZORIA COUNTY, TEXAS
Being 4.8705 acres (212,158 square feet) of land out of and part of an 18.251 acre parcel being
the residue of a called 154.0026 acre tract described in deed to Peyton Martin, Trustee recorded
under File Number 91-000518 of the Official Records of Brazoria County(B.C.O.R), located in
the H.T. & B.R.R. CO. Survey, Abstract 300, Section 81 Brazoria County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING a 5/8-inch iron rod with cap stamped Carter& Burgess set for the southeast.
corner of said 18.251 acre tract for the POINT OF BEGINNING of the herein described tract;
THENCE South 86 degrees 40 minutes 49 seconds West,with the north line of Southgate,
Section One, a distance of 625.90 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess
set for the northeast corner of Southgate, Section One, and the east line of a called 20.0 acre tract
described in deed to William C. Walsh, recorded under File Number 96-008397 (B.C.O.R);
THENCE North 03 degrees 18 minutes 55 seconds West,with the west line of said 20.0 acre
tract and the west line of a called Lot 48 described in deed to William C. Walsh, recorded under
File Number 96-008394 (B.C.O.R), at a distance of 300.00 feet to a point for a corner;
THENCE North 86 degrees 40 minutes 49 seconds East, a distance of 775.59 feet to a point on
the west right of way line of Kirby Drive for the northeast corner of the herein described tract,
said point also being the point on a curve to the right. Said curve having a radius of 1,550.00
feet, a central angle of 10 degrees 45 minutes 34 seconds, and a chord bearing and distance of
South 22 degrees 29 minutes 03 seconds West;
THENCE along the arc of said curve and said right of way, a distance of 291.07 feet to a set 5/8-
inch iron rod with cap stamped Carter & Burgess for the point of tangency;
THENCE South 27 degrees 51 minutes 50 seconds West,with the west line of said right of way,
a distance of 44:81 feet to the POINT OF BEGINNING and containing 4.8705 acres of land
more or less.
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