R98-08 01-12-98RESOLUTION NO. R98-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING 'THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EASEMENT FOR THE PEARLAND INDEPENDENT
SCHOOL DISTRICT ("PISD") REGARDING CONSTRUCTION OF A
DRIVEWAY ACROSS PROPERTY OWNED BY THE CITY ADJACENT TO
PEARLAND PARKWAY.
WHEREAS, PISD is currently constructing additional school facilities in the
vicinity of the City's newly constructed Pearland Parkway; and
WHEREAS, PISD desires access to their facility from Pearland Parkway which
requires a driveway to be constructed across property owned by the City adjacent to
Pearland Parkway; 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 Easement for PISD regarding a driveway across property
owned by the City adjacent to Pearland Parkway located on a 0.023 acre tract of land
in the W. D.C. Hall Survey, Abstract No. 70, in Pearland, 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.
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 121:hday of Januar'y ,
A.D., 1998.
TOM REID
MAYOR
RESOLUTION NO. R98-8
ATTEST:
APPR~/ED AS TO FORM:
AM?' MOTES rJ~'cCULLOLLGH
CITY AT'-ORNEY
2
EASEMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS:
That the City of Pearland (GRANTOR), a municipal corporation which offices at
3519 Liberty Drive, Pearland, Brazoria and Harris Counties, Texas 77581, being the owner in
fee simple of the hereinafter described property located in Pearland, Brazoria County, Texas,
for and in consideration of the sum of One Dollar ($1.00) cash to us in hand paid by the
Pearland Independent School District (GRANTEE), and for other good and valuable considera-
tion, the receipt of which is hereby acknowledged, grants, conveys, sells, transfers, releases,
and forever quit-claims unto the said Pearland Independent School District, which offices at
2337 North Galveston Avenue, Pearland, Brazoria County, Texas 77581, its successors and
assigns, an easement fbr construction and maintenance of a driveway in, upon, under, over,
across and along the tract or parcel of land described by metes and bounds and map, attached
as Exhibits "A" and Exhibit "B", respectively, and made a part hereof for all purposes, for
purposes of the construction, reconstruction, maintenance, and repair of a driveway, subject only
to the provisions and conditions herein specified.
GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right
and privilege to enter upon the land covered by the easement, and all premises adjacent to the
outside boundaries of said easement, to the extent necessary and at any time that GRANTEE
deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or
Page 1 of 4
thereunder pursuant to this conveyance; and for the purpose of ingress and egress to and from
said easement.
GRANTEE, its officers, agents, employees, successors, and assigns shall have the right
to enter upon the land covered by the easement, and all premises adjacent to the outside
boundaries of said easement, to the extent necessary and at any time that GRANTEE deems
proper for the purpose of removing trees, brush, undergrowth, and other obstructions interfering
with the location, construction, reconstruction, maintenance, or repair to the driveway authorized
hereunder.
It is hereby understood, and by the acceptance of this instrument it is recognized, that
GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said
easements, 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 permissible so long as
all surface operations in connection therewith are located at a point outside of the above
described easement, and upon the condition that none of such operations shall be conducted so
near the surface of said. easement as to interfere with the intended use thereof or in any way
interfere with, jeopardize or endanger the facilities of the Pearland Independent School District
or create a hazard to the public users thereof.
GRANTOR does hereby agree, bind, and obligate itself, its heirs, or assigns that no
buildings shall be placed in, on or along said easement.
To have and hold perpetually, the above described property and easement for said
purposes, together with all the rights and appurtenances thereto in anywise belonging to
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GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition
that GRANTEE will at all times, after doing any work in connection with the construction,
reconstruction, or repair of said driveway, 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 to GRANTEE will not create a nuisance or do any act that will be
detrimental to said premises.
Executed this 12th day of danuary , 19 98
CITY OF PEARLAND,
GRANTOR
Paul Grohman
City Manager
Page 3 of 4
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Paul Grohman, City Manager of the City of Pearland, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
L~ , A.D., 19 0~.
/r294~ DAY OF
o xis
Printed Name: ~0 ~q ,~J,
MyCommissionExpires:
Page 4 of 4
ExHIBiT
December 18, 1997
METES AND BOUNDS DESCRIPTION
OF A 0.023 ACRE TRACT OF LAND IN THE
W. D.C. HALL SURVEY, ABSTRACT NUMBER 70
IN PEARLAND, BRAZORIA COUNTY, TEXAS
Being a 0.023 acre (1,002 square feet) tract of land in the W. D.C. Hall Survey, Abstract Number 70,
in Pearland, Brazoda County, Texas, and being part of an unrecorded called 49.85 acre tract of land
conveyed to the City of Pearland and recorded under Volume 1250, Page 994 of the Brazoda County
Deed Records and being more particularly described by metes and bounds as follows:
COMMENCING at the intersec*Jon of: the northeast right-of-way ~ine of State Highway 35 (100' wide)
and the northwest comer of a called 35.71 acre tract of land conveyed to Peadand Independent
School Distdct as recorded in Volume 88552, Page 389, of the Brazoda County Deed Records, same
being the northwest comer of the Final Plat of Peadand School as recorded under Volume 18, Page
231 of the Brazoda County Map Records;
THENCE North 89 degrees 17 minutes 53 seconds East, along the north line of said called 35.71 acre
tract, a distance of 1872.82 feet to a 5/8 inch iron rod found at the most northerly east comer of said
35.71 acre tract, and being on the line common to the A. C. H. & B. Survey, Abstract Number 507,
and the southwesterly line of the W. D.C. Hall Survey, Abstract Number 70, and the called 49.85 acre
tract;
THENCE South 45 degrees 56 minutes 45 seconds East, along the common line of said called 35.71
acre tract and the called 49.85 acre tract, a distance of 78.11 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 17 minutes 53 seconds East, a distance of 32.77 feet to the northeast
comer of the herein described tract, said point being on the arc of a curve to the left and being on the
southwest line of Peadand Parkway, (140 foot R.O.W.) being an unrecorded called 3.4029 acre tract;
THENCE southeasterly, a distance of 44.51 feet along the arc of said curve to the left, having a
central angle of 01 degree 13 minutes 56 seconds, a radius of 2070.00 feet, and whose chord bears
South 37 degrees 59 minutes 55 seconds East, a distance of 44.51 feet to the southeast comer of the
herein described tract;
THENCE South 89 degrees 17 minutes 53 seconds West, a distance of 24.03 feet to the southwest
comer of the herein described tract, said point being on the said common survey line;
THENCE North 45 degrees 56 minutes 45 seconds West, a distance of 50.29 feet along said common
survey line to the POINT OF BEGINNING and containing 0.023 acre (1,002 square feet).
9603004EX 0.023 ACRE PEARLAND H.S. DRIVE
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C'T`r FEARLAND
To: Young Lorfing err' i Y, ; ;�( h �
From: Alan Mueller
Subject: Agenda Item#7 (R98-8)
Date: January 13, 1998
After Paul signs the easement attached to this resolution, please mail it to James Schleider,
Superintendent of Schools, with a note that they should file it with the Brazoria County Deed
Records in order to properly record the easement. Let me know if you have any questions.
Thanks.
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PEARLAND'.
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January 21, 1998
Mr. James Schleider, Superintendent
Pearland Independent School District
P.O. Box 7
Pearland, Texas 77588-0007
Dear Mr. Schleider,
Enclosed is your copy of Resolution No. R98-8 regarding an easement for the
Pearland Independent School District.
Project Coordinator, Alan Mueller, wants to remind you that the easement should be
filed with Brazoria County Deed Records in order for it to be a properly recorded
easement.
If I can be of any further assistance please do not hesitate to contact me.
Sincerely,
Y ung L ing
ity Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581 • (281)485-2411 • www.ci.pearland.tx.us