R2005-0111 07-11-005 RESOLUTION NO. R2005-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CONVEYANCE OF A WATER LINE
EASEMENT TO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
16.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the conveyance of a certain water line easement from the City of
Pearland to Brazoria County Municipal Utility District No. 16, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
PASSED, APPROVED and ADOPTED this the 11th: day of July ,
A.D., 2005.
TO-M REID
MAYOR
ATTEST:
Y4 NG Lri " , T,/C
SE( 'ETARY
APPROVED AS TO FORM:
0 v esLi
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
of
WATER LINE EASEMENT
[0.3033 Acre Tract]
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THAT the CITY OF PEARLAND,TEXAS,a municipal corporation and home-rule city of the
State of Texas(herein referred to as"Grantor"),for Ten and No/100 Dollars and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,does hereby grant unto
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16,a political subdivision of the State
of Texas whose address is 3 Greenway Plaza,Suite 2000,Houston,Texas 77046(hereinafter referred to
as"Grantee"),its successors and assigns, a non-exclusive easement over the tract of land owned by
Grantor which is more particularly described in Exhibit"A"attached hereto(hereinafter referred to as the
"Easement Tract").
The easement hereby granted shall be used only for the purposes of constructing,repairing,
maintaining,re-constructing and operating underground water lines and related appurtenances and facilities.
Subject to the further provisions hereof,Grantee,its agents,employees,workmen and representatives,shall
have the right and privilege of ingress and egress across the Easement Tract as may be necessary to
construct, repair, maintain, re-construct and operate such water lines and facilities.
It is expressly understood and agreed by and between the parties that this Water Line Easement
shall be subject to and governed by the following provisions:
003114.000000\585336.7 JKAHN
(1) The easement,rights and privileges granted herein are non-exclusive and the Grantor
reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably
interfere with the rights hereby granted.
(2) The easement,rights and privileges herein granted shall be perpetual or for so long as
Grantee shall utilize the easement for the purposes intended. The easement,rights and privileges granted
herein shall terminate when,or at such time,as the purposes hereof cease to exist,are abandoned by
Grantee, or become impossible of performance.
(3) During or immediately after any work on the Easement Tract pursuant to the rights granted
hereby,the party performing such activities,at its sole cost and expense,shall take all reasonable measures
to restore the grounds,surfacing materials,and other facilities ofthe owner ofthe Easement Tract,including
landscaping and fences situated on the Easement Tract,to the condition which existed prior to such
operations.
(4) The easement,rights and privileges herein granted shall be subject to all valid and subsisting
encumbrances,conditions,covenants,restrictions,reservations,exceptions,rights-of-way and easements
of record,including all laws,regulations,and restrictions by municipal or other governmental authority
applicable to and enforceable against the Easement Tract.
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.
003114.000000\585336.7 JKAHN -2-
IN WITNESS WHEREOF,this instrument is executed this 12th day of July ,2005.
•
CITY OF PEARLAND, TEXAS
By:
Name: Bill Fisen
Title: City Manager
1
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on this / I day of ��.-� , 2005,
by j i/ I e,'st..,-? ,as a,��7 c.r of the City of Pearland,Texas, a municipal
corporation and home-rule city of the State of Texas.
oar 0: PERLA N. LEHMAN r
1 •` . Notary Public,State of Texas f ���..//// Notary Public in and for the
My Commission Expires of T E X A
APRIL 22,2009 J� /
L� l� rn R.t1
Name Printed or Typed
(SEAL) My Commission Expires: /a-Z/ 00
After Recording,Please Return To:
Josh J.Kahn
Coats,Rose,Yale,Ryman&Lee,P.C.
3 Greenway Plaza,Suite 2000
Houston,Texas 77046
003114.000000\585336.7 JKAHN -3-
Brazoria County Municipal Utility District Number 16 H. T. & B. R. R. Co. Survey
Water Line Easement Abstract Number 505
0.3033 Acres
STATE OF TEXAS §
COUNTY OF. BRAZORIA §
A METES & BOUNDS description of a 0.3033 acre tract of land located in the H. T. & B. R.
R. Co. Survey, Abstract Number 505 in Brazoria County, Texas, being a portion of a called
63.710 acre tract of land described in Special Warranty Deed from MHI Partnership, Ltd to
the City of Pearland, executed January 22, 2004, as filed for record under Clerk's File
Number 2004006629 of the Brazoria County Deed Records, said 0.3033 acre tract is more
particularly described as follows with all bearings based on True North as determined with
Global Positioning Satellite Equipment;
COMMENCING at a Texas Department of Transportation aluminum disk found for the
southeast corner of said 63.710 acre tract and being on the existing west right-of-way line of
Max Road (County Road 108) (width varies);
THENCE, South 87°16'42" West, 21.75 feet along the common south line of said 63.710
acre tract and the north line of a called 10 acre tract of land, called Lot 44 of Section 10 of
the Allison-Richey Gulf Coast Home Company's subdivision as recorded in Volume 2,
Pages 23 and 24 of the Brazoria County Map Records and described in Warranty Deed with
Vendor's Lien from George A. Benn and wife, Mollie A. Benn to Leonard S. Simmons and
wife, Estella M. Simmons, executed April 24, 2001, as filed for record under Clerk's File
Number 01 019311 of the Brazoria County Deed Records to the POINT OF BEGINNING of
the herein described tract being on the proposed west right-of-way line of Max Road (called
120 feet wide);
THENCE, South 87°16'42" West, 10.00 feet continuing along said common line to a point
for corner;
THENCE, North 02°46'28" West, 1321.27 feet along a line which is 10 feet west of and
parallel to said proposed west right-of-way line of Max Road to a point for corner on the
common north line of the aforesaid 63.710 acre tract and the south line of the remainder of
a called 238.414 acre tract of land described in Warranty Deed from Peyton Martin, Trustee
to MHI Partnership, Ltd, executed July 29, 2003, as filed for record under Clerk's File
Number 03 046549 of the Brazoria County Deed Records;
THENCE, North 87°23'40" East, 10.00 feet along said common line to a point for corner on
the aforesaid proposed west right-of-way line of Max Road from which a 5/8-inch iron rod
with rap stamped C. L. Davis found for the common northeast corner of said 63.710 acre
tract and the southeast corner of a remainder of said 238.414 acre tract and being on the
existing west right-of-way line of said Max Road bears North 87°23'40" East, 26.59 feet;
THENCE, South 02°46'28" East, 1,321.25 feet along said proposed west right-of-way line of
Max Road to the POINT OF BEGINNING, containing 0.3033 acres of land in Brazoria
County, Texas as shown on drawing 5534 (S) on file in the offices of Cotton Surveying
Company, Houston, Texas.
February 17, 2005
I:\SURVPROJECTS\5200-5299 CLIENT\5286\008\MAX ROAD WL ESMT 3.DOC
REMAINDER OF A
CALLED 238.414 ACRES
WARRANTY DEED
PEYTON MARTIN, TRUSTEE
TO
MHI PARTNERSHIP, LTD.
EXECUTED JULY 29, 2003
CLERK'S FILE NUMBER 03 046549
BRAZORIA COUNTY DEED RECORDS •
FOUND 5/8" IRON ROD \
WITH C. L. DAVIS CAP
' PROPERTY LINE • L3 L4
GENERAL NOTES
I
1. BEARINGS SHOWN HEREON ARE BASED ON 0' 200' 400'
TRUE NORTH AS DETERMINED WITH GLOBAL
' POSITIONING SATELLITE EQUIPMENT. ���
; 2. A METES AND BOUNDS DESCRIPTION OF
THIS WATERLINE EASEMENT IS ON FILE IN
THE OFFICES OF COTTON SURVEYING '
COMPANY, HOUSTON, TEXAS. PROPOSED RIGHT-OF-WAY
CALLED 120' WIDE
3. THE PROPOSED RIGHT-OF-WAY ALIGNMENT
OF MAX ROAD SHOWN HEREON WAS id EXISTING RIGHT-OF-WAY
SUPPLIED BY CLIENT. SAID PROPOSED WIDTH VARIES
1 RIGHT-OF-WAY ALIGNMENT IS PRELIMINARY
AND SUBJECT TO CHANGE.
0
WATERLINE EASEMENT ;,
0.3033 ACRES N
N a
N
ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 10 3 w Z
VOLUME 2, PAGES 23 & 24 203 BRAZORIA COUNTY MAP RECORDS N co O
o No Q
z cn 0
CALLED 63.710 ACRES
MHI PARTNERSHIP, LTD.
TO THE
CITY OF PEARLAND
EXECUTED JANUARY 22, 2004
CLERK'S FILE NUMBER 2004006629. B.C.D.R.
CALLED 0.034 ACRE
BRAZORIA COUNTY
RIGHT-OF-WAY EASEMENT
PROPOSED 185' WIDE DRAINAGE EASEMENT C. F. NO. 95-041647 B.C.D.R.
�
POINT OF BEGINNING
-- L2 I
PROPERTY LINE POINT OF COMMENCEMENT
ii i FOUND TXDOT ALUMINUM DISK
HICKORY S�OOGH I�' L1
CALLED LOT 44 1
WARRANTY DEED WITH VENDOR'S LIEN _ ""-
GEORGE A. BENN AND WIFE', MOLLIE A. BENN - 'I i CALLED 0.063 ACRE
TO " BRAZORIA COUNTY
LEONARD S. SIMMONS AND WIFE, ESTELLA M. SIMMONS 11 ROAD EASEMENT
EXECUTED APRIL 24. 2001 II C. F. NO. 95-041648 B.C.D.R.
CLERK'S FILE NUMBER 01 019311
BRAZORIA COUNTY DEED RECORDS
i
PROPERTY LINE EXHIBIT
SHOWING A
LINE BEARING DISTANCE BRAZORIA COUNTY
L1 S 87'09'12" W 21.75' M.U.D. NO. 16
L2 S 87' '42" W 10.00' WATERLINE EASEMENT
L3 N 87'2323'40" E 10.00'
L4 N 87'23'40" E 26.60' BEING
0.3033 ACRE
OUT OF THE
r H. T. & B. R. R. CO. SURVEY
mom COTTON SURVEYING
ABSTRACT NUMBER 505
----:jr., COMPANY
8336 Gulfton, Suite 103 BRAZORIA COUNTY, TEXAS
Houston, Texas 77081 FEBRUARY 2005
Office (713) 981-0276
H:\SC\5286\008\MAX ROAD WL ESMT 3.dwg M.G.H.A.R.B. JOB No. 5286-011 F.B. 1826 PG. 1 DWG. No. 5534 (S)