R95-26 04-10-95 (2) RESOLUTION NO. R95 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING AN EASEMENT BETWEEN THE CITY OF PEARLAND
AND THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 FOR
WATERLINE AND SANITARY SEWER MAIN PURPOSES IN RUSTIC OAKS
SUBDIVISION AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO REQUEST THAT SAID EASEMENT BE EXECUTED BY THE
BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4.
WHEREAS, the City of Pearland and the Brazoria County Drainage
District No. 4 share, as Co- Grantees, a Drainage Access Easement in
Rustic Oaks Subdivision; and
WHEREAS, the City of Pearland finds it necessary to locate
waterline and sanitary sewer main services in said Drainage Access
Easement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain easement between the City of Pearland
ect Y
and the Brazoria County Drainage District No. 4, relating to water-
line and sanitary purposes ni sewer main u oses in Rustic Oaks Subdivision,
to
a copy of which is annexed hereto, designated Exhibit "A" hereof
and incorporated herein for all purposes, is authorized and
approved.
Section 2. The City Manager, or his designee, is hereby
authorized to request that said easement be executed by the
Brazoria County Drainage District No. 4 for waterline and sanitary
sewer main purposes in Rustic Oaks Subdivision for and on behalf of
the City.
PASSED, APPROVED and ADOPTED this the /0 day of
A. D., 1995.
DAVID �H
MAYOR PRO TEM
ATTEST:
da:e
TOMMIE JEAN AL
INTERIM CITY SECRETARY
APP'IVED A• TO FORM:
1
L 1 f
Y •TD. McCUL •UGH
CITY A •RNEY
95 015293 (011)
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF BRAZORIA §
That BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 (GRANTOR), , being
CO-GRANTEE, along with the CITY OF PEARLAND of a Drainage Access
Easement on the hereinafter described property located in Pearland,
Brazoria County, Texas, for and in consideration of the sum of One
Dollar ($1 . 00) cash to it in hand paid by the City of Pearland,
Texas, (GRANTEE) and for other good and valuable consideration, the
receipt of which is hereby acknowledged, grants and conveys, to the
extent GRANTOR has an interest in said Drainage Access Easement,
unto the said City of Pearland, a municipal corporation situated in
Brazoria and Harris Counties, Texas, whose mailing address is 3519
Liberty Drive, Pearland, Texas 77581, its successors and assigns,
a right-of-way easement for waterline and sanitary sewer main
purposes in, upon, under, over, across and along the Drainage
Access Easement described in the attached Exhibit "A" , including
but not limited to the construction, reconstruction, maintenance,
operation, repair or removal of said waterline or sanitary sewer
main and all, necessary laterals, subject only to. the provisions and
conditions herein specified.
GRANTEE, its successors, assigns, or agents shall have the
right and privilege to enter upon the land covered by the
easements, and all premises adjacent to the outside boundaries of
said easements, to the extent necessary and at any time that
GRANTEE deems proper for the purpose of exercising GRANTEE' S rights
and privileges hereunder, including but not limited to removing,
repairing, or replacing any waterline or sanitary sewer main
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thereon or thereunder; and for the purpose of ingress and egress to
and from said easements .
GRANTOR and GRANTEE covenant and agree to respectively hold
harmless the other in the event that damages are occasioned by and
in the reasonable exercise of each party' s respective rights and
use of said easement .
To have and hold, the above described property and easements
for said purposes, together with all the rights and appurtenances
thereto in anywise belonging to said City of Pearland, its
successors and assigns, forever, 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
waterline or sanitary sewer main, or any lateral thereof, endeavors
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 Drainage Access Easement, its usage or purpose .
Executed this day of ow , 1995 .
BRAZORIA COUNTY DRAINAGE
DI CT NO. 4
Dan Ke e , Chan
H. Brenn Commissioner
J •
Roger . Davis, Commissioner
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EXHIBIT "A"
PROPOSED WATER & SANITARY SEWER EASEMENT DESCRIPTION
FOR OFF SITE WATER & SANITARY SEWER FOR
RUSTIC OAKS SUBDIVISION
BEING A TRACT OF LAND DESIGNATED AS A 20 FT. WIDE DRAINAGE ACCESS
EASEMENT ON THE PLAT OF OAK BROOK SUBDIVISION, LOTS 9, 10, AND 11,
BLOCK 1, SECTION 1, AS RECORDED IN VOL. 19, PAGES 41 AND 42 OF
BRAZORIA COUNTY PLAT RECORDS . THIS TRACT OF LAND BEING ALL OF THE
PARCEL DEPICTED AS DRAINAGE ACCESS EASEMENT ON AFOREMENTIONED
INSTRUMENT.
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a
THE STATE OF TEXAS
COUNTY OF BRAZORIA §
This instrument was acknowledged before me an May 8, 1995 ,
1D 95 , by Dan Keller, Chairman of
the Brazoria County Drainage District. No . 4 , State of Texas, on
behalf of said district .
:.. j~`-•`�~~�~`~\��~~~1�~-•~~\~-•�� NoT IZY P L I C, STATE OF TEXAS
•
{► o(" KATHY E. WELLS Gonunis:�i.on Expires :j 49
+ {�� Notary Public,State of Texas 1 Printed Name: Kathy E. l�lel l s _^
9 is cif 9 Commission Expires 5-23-97
•
THE STATE OF TEXAS 5
•
COUNTY OF BRAZORIA
This instrument was acknowledged before me on May 8, of
19 95 , by Jeffrey H. Brennan, Commissioner
the Brazoria County Drainage District No. 4, State of Texas, on
behalf of said district .
6:5)
c_, KATHY E. WELLS -.� NOS' Y PUB C, STATE OF TEXAS
r :�;� Notary Public,State of Texas / Commtission xpires : 5-23-97
' ' Commission Expires 5-23-97 r Printed Name: Kathy E. Well s
pl
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•
THE STATE OF TEXAS §
COUNTY OF BRAZORIA •
This instrument was acknowledged before me on May 8,
•
19 95 , by , Roger P. Davis, Commissioner , of
the Brazoria County Drainage District No. 4, State -of Texas, on
behalf of said district . .,. ; � ... ._' . •. . . .. . . .
/ y NO,TA .PUBL , STATE OF TEXAS
=a `� .�, KATHY E. WELLS �-.:�� .; •.. . , :" 5-23-97
I • iio Notary Public,State of Texas / Cottatnission xpires:
I +�
I 'co, ' Commission Expires 6-23-97 r Printed Name: Kathy E. Well s
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