R98-07 01-12-98RESOLUTION NO. R98-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A WATER CANAL EASEMENT FOR GULF COAST WATER
AUTHORITY REGARDING CANAL A.
WHEREAS, the City of Pearland granted an easement to the Gulf Coast Water
Authority in 1938 regarding Canal A, as reflected in instrument recorded in
Volume 1368, Page 28, of the Brazoria County Deed Records; and
WHEREAS, said easement provided for annual payments to be made by Grantee
to Grantor for "rental" of said easement property; and
WHEREAS, method of payment along with changes in ownership have resulted
in delayed payment in previous years; and
WHEREAS, the parties wish to renew the terms of said easement to allow for
a one-time payment of consideration to alleviate bookkeeping problems and simplify
compliance with terms of the easement by the respective parties; now, therefore,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the recitals contained in the preamble of this Resolution are
hereby adopted and confirmed.
Section 2. That the Water Canal Easement regarding Canal A located on a
part of Lot 74 of the subdivision of the E. Little Survey, Abstract 320, and of
A.C.H. & B., Section 92, Abstract 541, in Brazoria County, Texas, a copy of which
is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
RESOLUTION NO. R98-7
Section 3. That the City Manager or his designee is hereby authorized to
execute, and the City Secretary to attest, the attached Easement for and on behalf of
the City of Pearland.
PASSED, APPROVED and ADOPTED this the 12thdayof January ,
A.D., 1.998. ~
TOM REID
MAYOR
ATTEST:
Y~I~S EC
APPR.O_~ED AS TO FORM:
2
WATER CANAL EASEMENT
CANAL A
STATE OF TEXAS
} KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT the CITY OF PEARLAND, ("Grantor"), for and in consideration of the
sum of TEN DOLLARS ($10.00) cash and other valuable consideration paid to Grantor
by Gulf Coast Water Authority, a conservation and reclamation district and a political
subdivision of the State of Texas (together with its successors and assigns collectively
referred to herein as the "Grantee"), whose principal address is 3630 Highway 1765,
Texas City, Texas 77591, the receipt of which is hereby acknowledged, has GRANTED
and CONVEYED and does hereby GRANT and' CONVEY unto Grantee a perpetual
easement and right-of-way in and to the tract of land described on EXHIBIT A attached
hereto and made a part hereof, together with the rights of ingress and egress thereto, for
the installation, construction, maintenance, operation, replacement, protection, repair, and
removal of a portion of a water canal and related appurtenances (together, the "Water
Canal") for the transport of water for agricultural, irrigation, industrial, municipal,
manufacturing and other lawful public purposes of Grantees (the "Easement").
Grantee may construct, install, maintain, repair, replace, remove, widen or narrow,
deepen or make shallower, and operate the Water Canal, on, across, along, and under the
Easement property and may enter upon the Easement property to engage in all activities
as may be necessary, requisite, convenient, or appropriate in connection therewith.
Grantee's rights shall include, without limitation, the right to clear and remove trees,
growth or shrubbery, dig ditches and lay spill soil on the banks of the Water Canal, and
carry out other improvements from within the Easement, and the right to bring and
operate such equipment thereupon as may be necessary or appropriate to effectuate the
purposes for which the Easement is granted.
The Easement herein granted is subject to all outstanding mineral interests and
easements of record on the date hereof to the extent that the same are in effect and validly
enforceable against the Easement property (the "Permitted Encumbrances"); provided,
however, that Grantor, to the extent that it has any ability to enforce any of such
Permitted Encumbrances, agrees that it shall not enforce any of said Permitted
Encumbrances in a manner which would prejudice or interfere with Grantee's rights in the
Easement.
Grantor herein reserves for itself, its successors and assigns, the right to fully use
and enjoy the Easement in any manner which will not interfere with or abridge the rights
granted to Grantee hereunder.
Grantor also herein reserves for itself, its successors and assigns, the rights to all
oil, gas and other minerals in, under or on the Easement but waives all rights of ingress
and egress for the purposes of exploring, developing, mining or drilling for the same;
provided, however, that nothing in these grants shall prohibit the right of Grantor to
develop the Easement property for oil, gas and other minerals by directional drilling from
a nearby site.
TO HAVE AND TO HOLD the Easement, subject to the Permitted
Encumbrances, together with all and singular the rights and appurtenances thereunto in
anywise belonging unto the Grantee, its successors and assigns, and Grantor does hereby
bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and
singular the title to the Easement unto the said Grantee, its successors and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof,
subject only to the Permitted Encumbrances.
EXECUTED this13th day of January ,19 9__8
GRANTOR
City of Pearland
Name: Paul Grohman
Title: City Manager
STATE OF TEXAS }
Harris }
COUNTY OF Bra7oria }
BEFORE ME, Paul Grohman whose name is subscribed to the
foregoing instrument, personally appeared to me on January 13 , 1998 and
acknowledged to me that he/she executed the same for the purposes and consideration
therein.
Commission Expires
AFTER RECORDING, RETURN TO:
Gulf Coast Water Authority
3630 Highway 1765
Texas City, Texas 77591
Attention: General Manager
Exhibit A
A part of lot 74 of the sub-division of the E. Little Survey, Abstract 320 and of ACH&B
Section 92, Abstract 541 in Brazoria County, Texas.
Begin at the Northwest comer of said lot 74,
THENCE East 781.3 ft. to its Northeast comer;
THENCE South 100 feet;
THENCE West 781.3 feet;
THENCE North 100 feet and containing 1.79 Acres.
Municipalities
3630Highway1765
Texas City, Texas 77591
GULFCOAST WATER AUTHORITY
409-935-2438 281-337-3403 FAX 409-935-4156
December 12, 1997
Mr. Allen Mueller
City of Pearland
3519 Liberty Drive
Pearland TX 77588-5416
Re:
Permanent Easement on Property Located in Abstract 320,
Lot 74 in Brazoria County, Texas
Dear Mr. Mueller:
We enclosed two (2) original copies of the permanent easement
agreement on the property described above. Please execute
these documents with the appropriate signature and
notarization and return one (1) original agreement to us so
that we may record it with the Brazoria County Clerk's
Office. Thank you for your cooperation in this matter.
Sincerely,
Sandra Perkins
Administrative Assistant
Enclosures
PBLND 02 . COR/OCWA/LEA~E . AGR
1500 West Highway 6
P.O. Box 1405
ALVIN
Alvin, Texas 77512-1405
281-331-3137
Fax 281-585-3035
4001 5th Avenue North Texas City, Texas 77591 WATER TREATMENT PLANT 409-948-6415 Fax 409-943-4522