Ord. 1315 2006-11-27ORDINANCE NO. 1315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN -
FOOT (10') SEWER EASEMENT RECORDED IN THE PLAT RECORDS
OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE
CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a petition has been filed with the City of Pearland, to abandon a
portion of a certain ten -foot (10') sewer easement generally located along Pearland
Parkway in the Lakes at Highland Glen Subdivision on property more accurately
described in Exhibit "A", attached hereto and made a part hereof for all purposes, and
recorded in the Plat Records of Brazoria County, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of said ten -foot (10') sewer easement.
Section 2. That, subject to any contingencies or retention of rights contained
herein, said roadway easement, evidenced by Exhibit "A", is hereby ABANDONED by
the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. A certified copy of this ordinance recorded in the official records of
Brazoria County, Texas, shall constitute notice of this action by the City Council.
Section 5. Abandonment of the sewer easement is contingent upon the
execution of the Protective Covenants attached hereto as Exhibit "B", by the
petitioner(s) requesting abandonment.
Section 6. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
ORDINANCE NO. 1315
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 8. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 13th day of November,
A. D., 2006.
TOM REID
MAYOR
ATTEST:
UNGIF G
TY S'- RETAR
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th
day of November, A. D., 2006.
2
L_ �
TOM REID
MAYOR
ORDINANCE NO. 1315
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
30611
STATE OF TEXAS
COUNTY OF BRAZORIA
X
X
8632.3 234
EASEMENT
KNOW ALL NEN BY THESE PRESENTS:
That the BARTLETT PROPERTIES, INC., hereinafter styled
"GRANTOR", for and in consideration of the sum of ONE DOLLAR ($1.00),
in hand paid to said GRANTOR by the City of Pear land, Texas,
hereinafter styled "GRANTEE', and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, have granted and conveyed, and do by these presents
grant and convey, unto the said GRANTEE, its successors and assigns, a
right-of-way easement, as hereinafter described, for the purpose of
constructing, reconstructing, maintaining and repairing a sanitary
sewer line and all necessary laterals, subject only to the provisions
and conditions herein specified, in, upon, over and across the tract
and parcel of land hereinafter described, and within the boundaries
established thereby, such right-of-way easement hereinafter styled
'EASEMENT' and being more particularly described by metes and bounds
as follows:
0.2619 acres of land being a part of that certain tract
described in deed to Mary Alexander Bartlett, recorded
in Volume 1597, Page 612 of the Brazoria County Deed
Records, in the D.B.M. Hunter Survey, Abstract No. 76,
Brazoria County, Texas, described by metes and bounds
as follows:
COMMENCING at the South corner of said Hunter Survey;
THENCE North 48° 23' 36" West, with the Southwest line
of said Hunter Survey, a distance of 2,633.42 feet to
an angle point in the Southerly line of said Bartlett
tract;
THENCE North 410 40' 16" East, with the Southeast line
of said Bartlett tract and the Northwesterly line of
the Patricia Alexander Wood tract described in Volume
1596, Page 110, of the Brazoria County ➢eed Records, a
distance of 3,567.15 feet to a 5/8 inch iron rod set
for PLACE OF BEGINNING;
THENCE across said Bartlett tract North 02° 48' 01"
West, a distance of 316.69 feet to a 5/8 inch iron rod
set for point of curve;
THENCE continuing across said Bartlett tract with a
curve to the left having a radius of 2050 feet, an arc
length of 392.34 feet, a central angle of 10° 57' 56"
1
• • •
• •
86323 235
and a chord bearing of North 08° 16' 59" West, a
distance of 391.74 feet, to a 5/8 inch iron rod set for
point of tangency;
THENCE continuing across said Bartlett tract North 13°
45' 57" West a distance of 432.37 feet to a 5/8 inch
iron set in its Northwest line for corner being the
South line of the Alexander Estate North tract
described in Volume 382, Page 190, of the Brazoria
County Deed Records;
THENCE North 41° 40' 16" East, with said Bartlett
Northwest line a distance of 12.14 feet being the
Southeast line of said Alexander Estate North tract to
a 5/8 inch iron rod set for corner in said common
lines;
THENCE across said Bartlett tract South 13° 45' 57"
East a distance of 439.26 feet to a 5/8 inch iron rod
set for point of curve;
THENCE continuing across said Bartlett tract with a
curve to the right having a radius of 2060 feet, an arc
length of 394.25 feet., a central angle of 10° 57' 56"
and a chord bearing of South 08° 16' 59" East, a
distance of 393.65 feet to a 5/8 inch iron rod set for
a point of tangency;
THENCE continuing across said Bartlett tract South 02°
48' 01" East a distance of 306.50 feet to a 5/8 inch
iron rod set in the Southeast line of said Bartlett
tract being the Northwest line of said Wood tract;
THENCE South 41° 40' 16" West, with said Bartlett
Southeast line, a distance of 14.27 feet to the PLACE
OF BEGINNING and containing within these calls 0.2619
acres or 11,407 square feet of land.
This instrument is made and accepted subject to the following
provisions and conditions:
1. GRANTER shall have the right to enter upon the land
covered by the easement, and all premises within ten (10) feet from
and outside the boundaries of said easement
for the purpose of exercising GRANTEE'S rights and
privileges hereunder; and for the purpose of�Ca.ingress andegress
'egress to and
from the easement iviJed ?%at iyew Lu.•-/c/c7...a7Ae�,..; f �i.�4.1
dig/ ' •,/.wt 7e� , -f /7 #);soert .c Y— esemI409 .;;;Aelre .'i w✓, Ji%.
2. GRANTE'E shall have the right to remove trees, brush,
undergrowth, and other obstructions interfering with the location,
construction, reconstruction, maintenance, or repair of the sanitary
sewer line and all necessary laterals authorized hereunder.
3. It is hereby understood, and by the acceptance of this
instrument it is recognized, that GRANTOR retains title to all of the
oil, gas, sulphur and other mineral interests in and under said land,
but expressly waives any and allrights of ingress and egress to the
2
L
8t :23 236
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 permissable so
long as all surface operations in connection therewith are located at
a point outside of the above described property, and upon the
condition that none of such operations shall be conducted so near the
surface of said land 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.
4. It is hereby understood that the subject sewer line is a
force main that requires special connection. Connection to this line
by adjacent property owners will be permitted subject to the normal
engineering practice acceptable to the City of Pearland, and in
compliance with the requirements of the Pearland Subdivision
Ordinance. Gravity flow service to adjacent land may be provided
through strategically located lift stations.
TO HAVE AND TO HOLD the same perpetually unto the said City of
Pearland, Texas and its successors, together with the right and
privilege at any and all times to enter upon the premises described
and otherwise mentioned herein, or any part thereof, for the purpose
of constructing, reconstructing and maintaining said sewer line and
all necessary laterals, and for making connections therewith; all upon
the condition that the City of Pearland, Texas will at all times,
after doing any work in connection with the construction,
reconstruction or repair of said sewer, or any lateral thereof,
endeavor to restore said premises to the condition in which the same
were found before such work was undertaken, and that in the use of
said rights and privileges herein granted the City of Pearland, Texas
will not create a nuisance or do any act that will be detrimental to
said premises.
WITNESS NY HAND, this the _ 7L, day of jj1,yy
-- A. D., 1986. —�
B. BOyKIN BARTI,ETT, VICE (RESIDENT OF
BARTyLETT PROPERTIES, INC., GRANTOR
3
• • _AO
8632.3 237
STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on this the
daY °f• A. D., 199_6
by B. BOYKIN BARTLETT,
VICE PRESIDENT OF BARTLETT
a Texas Corporation, on behalf of said corporation.
OY'Plilission Expires:
ZV
4
PROPERTIES, INC.,
4Uun LWal...1.1APC3W)
NORY PUBLIC IN AND FOR
TH STATE OF TEXAS
A
86323 238
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4011"lik
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Scose /-• /OP'
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RUNICIFIL 6110.111111 COAPAIR INC.
a eddies of
BILIS R. FOSTER de ASSOCIATES SURVEY'S CO. INC.
3421 Federal Road •
',academe, Texas TISO,
Plow Ro. 941-007d
PARCEL NO. 4
0.26,/9 ACRES
riew g 40 7 SQ. F7:'
.0-0 5'1 ilTF FFUS
COI All' OF BRATOR.
G.4 Me ro.nry Calm
as 1r000 iictOF D ene,
mu eve FF Froltng,IFaseon OFF,C10PkCO;ID al IF a I,F0
c.untyCtl0 of 131.mr4, 5 /
,TX
PRoPosgo Einor
SON /TA R y.5.&"41/6-RAIGIS-
0/V E. Ell E/vIE r
John F. Foster, do hereby certify this plat correctly
represent' a survey nide under my supervision mn the
frond, in accordance with the inforeation provided to se
end correctly represents the facts found at tte tine of
NITS NY NAND AND SEAL 114k4rte:vritif... 1965.
FOSTER
e' 716i1
. ...... *.*
7,-JOHN
F. FOSTER
listered Public Surrey
r.11.;6K.
er'v
• T..,:te
'sr?
e
•
25882
STATE OF TEXAS
COUNTY OF BRAZORIA
X
X
86308 150
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That I, PATRICIA ALEXANDER WOOD hereinafter styled 'GRANTOR',
for and in consideration of the sum of ONE ❑OLLAR ($1.00), to me in
hand paid by the City of Pearland, Texas, hereinafter styled
'GRANTEE', and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, have granted and
conveyed, and do by these presents grant and convey, unto the said
GRANTEE, its successors and assigns, a right-of-way easement, as
hereinafter described, for the purpose of constructing,
reconstructing, maintaining and repairing a sanitary sewer line and
all necessary laterals, subject only to the provisions and conditions
herein specified, in, upon, over and across the tract and parcel of
land hereinafter described, and within the boundaries established
thereby, such right-of-way easement hereinafter styled 'EASEMENT' and
being more particularly described by metes and bounds as follows:
0.2877 acres of land being a part of that tract of land
conveyed to Patricia Alexander Wood as described in
Volume 1596, Page 110 of the Deed Records of Brazoria
County, Texas in the D.H.M. Hunter Survey, A-76,
Brazoria County, Texas said 0.2877 acres tract being
more particularly described as follows:
COMMENCING at the South corner of said Hunter Survey;
THENCE North 40 23' 36" West, with the Southwest line
of said Hunter Survey, a distance of 1755.61 feet to a
1/2 inch iron rod found at the angle corner of the
Southeast line of said Wood tract, also being the
Northwest line of that certain tract conveyed to Sue
Alexander Morrison and described in Volume 1596, Page
93 of the Brazoria County Deed Records;
THENCE North 41° 40' 16" East with the Southeast line
of said Wood tract being the Northeast line of said
Morrison tract, a distance of 2672.01 feet to a 5/8
inch iron rod set for the PLACE OF BEGINNING;
THENCE North 02° 48' 01" West, across said Wood tract,
a distance of 1253.02 feet to a 5/8 inch iron rod set
in its Northwest line for corner;
THENCE North 41° 40' 16" East, with the Northwest line
of said Wood tract being the Southeast line of a Mary
Alexander Bartlett tract in deed records Volume 1597,
Page 612 of Brazoria County Records, a distance of
14.27 feet to a 5/8 inch iron rod set in its Northwest
line for corner;
1
• • •
• • •
86308 151
THENCE South 02° 48' 01" East, across said Wood tract,
a distance of 1253.02 feet to a S/8 inch iron rod set
in its Southeast line being said Morrison Northeast line
for corner;
THENCE South 41° 40' 16" West, with said Wood Southeast
line, being said Morrison Northwest line, a distance of
14.27 feet to the PLACE OF BEGINNING and containing
within these calls 0.2877 acres or 12,530 square feet
of land.
This instrument is made and accepted subject to the following
provisions and conditions:
1. GRANTEE shall have the right to enter upon the land
covered by the easement, and all premises within ten (10) feet from
and outside the boundaries of said easement, at any time that GRANTEE
deems proper for the purpose of exercising GRANTEE'S rights and
privileges hereunder; and for the purpose of ingress and egress to and
from the easement.
2. GRANTEE shall have the right to remove trees, brush,
undergrowth, and other obstructions interfering with the location,
construction, reconstruction, maintenance, or repair of the sanitary
sewer line and all necessary laterals authorized hereunder.
3. It is hereby understood, and by the acceptance of this
instrument it is recognized, that GRANTOR retains title to all of the
oil, gas, sulphur and other mineral interests in and under said land,
but expressly waives 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 permissable so
long as all surface operations in connection therewith are located at
a point outside of the above described property, and upon the
condition that none of such operations shall be conducted so near the
surface of said land 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.
4. It is hereby understood that the subject sewer line is a
force main that requires special connection. Connection to this line
by adjacent property owners will be permitted subject to the normal
engineering practice acceptable to the City of Pearland, and in
2
86308 152
compliance with the requirements of the Pearland Subdivision
Ordinance. Gravity flow service to adjacent land may be provided
through strategically located lift stations.
TO HAVE AND TO HOLD the same perpetually unto the said City of
Pearland, Texas and its successors, together with the right and
privilege at any and all times to enter upon the premises described
and otherwise mentioned herein, or any part thereof, for the purpose
of constructing, reconstructing and maintaining said sewer line and
all necessary laterals, and for making connections therewith, all upon
the condition that the City of Pearland, Texas will at all times,
after doing any work in connection with the construction,
reconstruction or repair of said sewer, or any lateral thereof,
endeavor to restore said premises to the condition in which the same
were found before such work was undertaken, and that in the use of
said rights and privileges herein granted the City of Pearland, Texas
will not create a nuisance or do any act that will be detrimental to
said premises.
WITNESS MY HAND, this the 3 t t1_ day of V\ 3icL' ___•
A. D., 1986.
PATRICIALEXA
GRANTOR
STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on this the
day of____P\tirs
ALEXANDER WOOD, GRANTOR.
A. D., 198_1_
NAREN STANISLAV p
Notary Public in
McLennan County, Texts NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Mr -Commission Expires:
3
• • •
•
•
•
MUNICIPAL SURVEYING Co!!PANY INC.
I division of
SILLY R. FOSTER AND ASSDCIAIES SURVEYING CO. INC.
1425 Federal Road
Pasadena, Trios 77501
Phone No. 10-0070
•
PRO"O34 O io woe
S�ON/TAR>- .SElvEEviGE
4 /NE EASEMENT.
AR /itAQ°�R�
0 263°
512,
86308 153
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m ppv
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Cann Fr'.nni--=;�n
1. DOU I' a Wit 1. Owl N q. rnnm. Cnort nr• +m n. e
rr.e.n m,tr��,•.r..�, r.er
Mt COMM r) e. ;IOW..r..,u.y n(NFL...! Me vi.),0, r.etn,r
WW1 u., e..mmy.e, nor, b nee
1, John F. Foster, do hereby certify this plat correctly
represents a survey fade under .y supervision on the
ground, in accordance *lib the inforaation provided to .e •
and correctly represents the facts found at the tier of
sorvey.
e11NESS MY NAND AND SEAL THIS THE
F. FOSTER
'glistered Public Surveyor No. 1
RS.
atp
Gunn CR.i or 8 e .•
FILED FOR RECORD
JUL 23 3 in PM'86 a&•(,0)
t^ti.
o,4•-i- 1. 4`� \pt'�tt �G
j
/
1
• • •
31323
STATE OF TEXAS
COUNTY OF BRAZORIA
X
x
86325 373
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That I, TROMAS V. ALEXANDER, hereinafter styled 'GRANTOR', for
and in consideration of the sum of ONE DOLLAR ($1.00), to me in hand
paid by the City of Pearland, Texas, hereinafter styled 'GRANTEE', and
for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, have granted and conveyed, and do by
these presents grant and convey, unto the said GRANTEE, its successors
and assigns, a right-of-way easement, as hereinafter described, for
the purpose of constructing, reconstructing, maintaining and repairing
a sanitary sewer line and all necessary laterals, subject only to the
provisions and conditions herein speciLied, in, upon, over and across
the tract and parcel of land hereinafter described, and within the
boundaries established thereby, such right-of-way easement hereinafter
styled "EASEMENT' and being more particularly described by metes and
bounds as follows:
0.2435 acres of land being a part of those certain
tracts owned by Thomas P. Alexander as described in a
deed dated February 25, 1944 and recorded in Volume
382, Page 190 of the Brazoria County Deed Records, in
the D.H.M. Hunter Survey, Abstract No. 76, Brazoria
County, Texas, said 0.2435 acre tract of land being
more particularly described as follows:
COMMENCING at the South corner of said Hunter Survey;
THENCE North 48° 23' 36" West with the Southwest line
of said Hunter Survey, a distance of 3955.07 feet to a
1/2 inch iron rod found for corner;
THENCE North 870 12' 10" East a distance of 621.94 feet
to an angle point in said Alexander Tract, also being
an angle point in the Mary Alexander Bartlett Tract,
described in Volume 1597, Page 612 of the Brazoria
County Deed Records;
THENCE North 410 40' 16" East along the South line of
said Alexander Tract, being the Northwest line of said
Bartlett Tract, a distance of 3856.28 feet to a 5/8
inch iron rod set for the PLACE OF BEGINNING of the
herein described tract;
THENCE North 130 45' 57" West a distance of 1060.46
feet across said Alexander Tract, to a 5/8 inch iron
rod set for corner in its Northwest line, also being
the Southeast line of Lot 40 of Walcott's Pearland
Subdivision which is South 41° 32' 30" West, a distance
of 20.58 feet from the East corner of said Lot 40;
1
86325 374
THENCE North 41° 32' 30" East with said Northwest line,
being the Southeast line of said Walcott's Pearland
Subdivision, a distance of 12.16 feet to a 5/8 inch
iron rod set in same for corner;
THENCE South 13° 45' 57" East across said Alexander
Tract, a distance of 1060.50 feet to a 5/8 inch iron
rod set in the Southeast line of same, being the
Northwest line of said Bartlett Tract;
THENCE South 410 40' 16" west with the common line
between said Alexander Tract and said Bartlett Tract, a
distance of 12.14 feet to the PLACE OF BEGINNING of the
herein described tract, and containing within these
calls 0.2435.acres or 10,605 square feet of land.
This instrument is made and accepted subject to the following
provisions and conditions:
1. GRANTEE shall have the right to enter upon the land
covered by the easement, and all premises within ten (10) feet from
and outside the boundaries of said easement, --�.
for the purpose of exercising GRANTEE'S rights and
privileges hereunder; and for the purpose ofingressand egress to and
from the easement, P."'f� +at ufoa Coy„�e/ion �f e.nsfutfo:s 7�i.s y,w..t 0
4fia// 7evaAt f a „,w,ev,v..,t ei+set �4'sr. r/Q),7rt ,.. "4d' 6.
2. GRA TEE shall have the right to remove trees, brush,
undergrowth, and other obstructions interfering with the location,
construction, reconstruction, maintenance, or repair of the sanitary
sewer line and all necessary laterals authorized hereunder.
3. It is hereby understood, and by the acceptance of this
instrument it is recognized, that GRANTOR retains title to all of the
oil, gas, sulphur and other mineral interests in and under said land,
but expressly waives 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 permissable so
long as all surface operations in connection therewith are located at
a point outside of the above described property, and upon the
condition that none of such operations shall be conducted so near the
surface of said land 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.
4. It is hereby understood that the subject sewer line is a
force main that requires special connection. Connection to this line
2
•
•
86325 375
by adjacent property owners will be permitted subject to the normal
engineering practice acceptable to the City of Pearland, and in
compliance with the requirements of the Pearland Subdivision
Ordinance. Gravity flow service to adjacent land may be provided
through strategically located lift stations.
TO WAVE AND TO BOLD the same perpetually unto the said City of
Pearland, Texas and its successors, together with the right and
privilege at any and all times to enter upon the premises described
and otherwise mentioned herein, or any part thereof, for the purpose
of constructing, reconstructing and maintaining said sewer line and
all necessary laterals, and for making connections therewith; all upon
the condition that the City of Pearland, Texas will at all times,
after doing any work in connection with the construction,
reconstruction or repair of said sewer, or any lateral thereof,
endeavor to restore said premises to the condition in which the same
were found before such work was undertaken, and that in the use of
said rights and privileges herein granted the City of Pearland, Texas
will not create a nuisance or do any act that will be detrimental to
said premises.
WITNESS MY HAND, this the clay of (72L-A�--_
A. D., 1986.
STATE OF TEXAS
COUNTY OF BRAZORIA
X
x
1
THOMAS P. ALEXANDER
GRANTOR
�] This instrument was acknowledged before me on this the
1�__ d a y of `�
by THOMAS P. ALEXANDER, GRANTOR.
My Coim isio iiesa
3
, A. D., 198 (C_
N
N ARY PUBLIC IN AND P
THE STATE OF TEXAS
-rNo�,a
5
• MUNICIPAL SURNEYIN6 COMPANY INC.
a divIaloa of 86325 376
II y A. FOSTER -AND ASSOCIATES SURVEYING CO. INC.
3425 Fedral had
20 ?diadem. Texas 77504
Pk'sa As. 041-0070
pj%QER
P
f,fiacvse=o /o f'oor
SAAttrARY SEWER
L/NE E4SE'/v7E,V7.
t. John F. Foster, do hereby certify
this plat correctly represents a survey
node under ay supervision on the ground,
is accordant, 'nth the tNasation
provided to en and rerrect1r represents
Ake facts found at the tine of survey.
WITNESS NY NANO AND SEAL THIS
THE t+ DAY DI Feb • , 1465.
F. FOSTFO
tstt,red Public Surveyor Ilo. 1566
5
PARCEL DES EEf
6, p5 SQUARE
f0.
•o . 1566
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SPIHL,(B5)1 ORi
�po 942 It
LOT 39 LOT 4
LOT 41 & PORTIONS OF 39 & 40
BRAZORIA COUNTY HISTORICAL
MUSEUM FOUNDATION
TO
THOMAS P. ALEXANDER. JR.
(93-036860 BCOR)
10-0 -1993
44,
1/3 INTEREST
BEAZER HOMES TEXAS, L.P.
TO
NH PARTNERSHIP, LTD.
(01 ODD028]OOW BR)
!/ PROPOSED
LAKES AT HIGHLAND GLEN''
SECTION 12
1/3 INTEREST
BEAZER HOMES TEXAS, Lam/
TO
PACIFIC UNITED, L.R)
(010 73W R)
BEAZER H0ME5O TEXAS. L.P.
BEAZ
•• ( 1 HOMES TEXAS. L.P.
" .01-0BOOR)
01-02-2-300i
PROPOSED
',LAKES AT HIGHLAND GLEN
SECTION 12
44.
LAKES AT HIGHLAND GLEN \\\
SECTION 3 1l'�
DOCUMENT No. 2005-070073 la
B.C.P.R. / !/
/ ii,
PART00N No 4
JOHN ALEXANDER. TRUSTEE
TO
SUE ALEXANDER MORRISON.
.a.x.a. SUSIE ALEXANDER MORRISON
(VOL. 1596, PG. 93 BCOR)
(11-118351 197-91-2325 HCDR)
06-04-1981
10' SAN. S WER EASEMENT
(VOL (86)308 PG. 150 BOOR)
LAKES AT HIGHLAND GLEN
SECTION 3
I/O INTEREST
BEAZER H0ME5 TEXAS. LP.
O
NH -0 0881 0P, LTD.
(O10110-02-2001
1/3 INTEREST
BEAZER H04 O TEXAS, L.P.
PACIFIC UNITED. LP.
(01-000879 BOOR)
01-02-2001
BEAZER HOMES 1DfAS. L.P.
BEAZER HOMES TIXAS. LP.
(01-000883 BCOR)
01-02-2001
C.L. DAVIS & CO. 1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
LAND SURVEYING 281-482-9490
ABANDONMENT EXHIBIT
SANITARY SEWER
FORCE MAIN EASEMENTS
THROUGH LAKES AT HIGHLAND GLEN
SECTIONS 3 AND 11 AND
D.H.M. HUNTER SURVEY , A-76
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 05-01-2006 1 SCALE: NTS IJOB NO.: 20-14-500
DWG. SEC-3-11-12—BASE—EX.DWG
EXHIBIT
b
PROTECTIVE COVENANTS
The Beazer Homes Texas ("Beazer") is the owner of record of a certain tract or
parcel of land described in Exhibit "A" attached hereto. City acknowledges and
consents to the abandonment of a ten -foot (10') sewer easement. City's
acknowledgment and consent are specifically limited to the sewer easement herein
described, and as described in the Ordinance No. 1315 abandoning the sewer
easement, and no additional abandonment of any nature whatsoever shall be construed
as having been consented to herein.
BEAZER DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS
FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF
WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES,
COSTS OR EXPENSES ARISING FROM OR BY REASON OF ANY AND ALL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH,
DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY BEAZER, BEAZER'S SUCCESSORS OR ASSIGNS, OCCURRING
IN CONNECTION WITH THE HEREINABOVE REFERENCED ABANDONMENT, AND
WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. BEAZER
SHALL DEFEND, KEEP AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST,
LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER
CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION
OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ABANDONMENT, TO
THE EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED INTENTION OF BOTH
BEAZER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY BEAZER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH NEGLIGENCE BE
SOLE, JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE PROVISIONS OF
THIS SECTION SHALL SURVIVE ANY TERMINATION, EXPIRATION, OR
CANCELLATION OF THE AGREEMENT.
The conditions and covenants are hereby declared to be covenants running with
the land and shall be fully binding upon all persons acquiring any interest in the property
described herein, whether by descent, demise, purchase, gift, or otherwise.
ACCEPTED and AGREED to this the day of , 2006.
BEAZER CITY OF PEARLAND
Bill Eisen
City Manager
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ,% issues, as follows:
No. / Date ,X0--26 20
No • Date 20
No. Date 20
No. Date • 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State w9f Texas
My Commission Expires 09-09-
Y
dayof�
Laura Ann Emmons, Publisher
Notary Public, State of Texas
, Published Oct. 25, 2006
Notice is hereby given that
on the 30th day of October, i
2006, at 6:00 p.m., the City
' Council of - the City of
Pearland, Texas, will con- i
duct a Public Hearing in the 1
Council Chambers, City
Hall, 3519 Liberty Drive,
Pearland, Texas, to gatherI
public comment and testi-►
j mony regarding the aban-j
I donrnent of unused Sanitary
I Sewer Easement crossing!
the Lakes at Highland Glen
Subdivision. 1
{
At said hearing all interested?
parties shall have the rightl
and opportunity to appear;
i and be heard on the subject.
/s/ Young .Lorfing, TRMC
City Secretary
This site is accessible to dis- !
abled individuals. For spe- '
cial assistance, please call
Young Lorfing -at
281.652.1655, prior to the `
- meeting so that appropriate
arrangements can be made.