R95-47 07-31-95 RESOLUTION NO. R95 -47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING, ON BEHALF OF THE CITY OF PEARLAND, A
RIGHT -OF -WAY EASEMENT TO BRAZORIA COUNTY FOR PURPOSES OF
CONSTRUCTING AND MAINTAINING A PUBLIC ROADWAY (BRIDGE) ON
COUNTY ROAD 109 AT HICKORY SLOUGH.
WHEREAS, the City of Pearland owns a portion of the property
needed as a right -of -way for replacement of the bridge on County
Road 109 at Hickory Slough; and
WHEREAS, the City of Pearland finds it necessary to grant a
right -of -way easement to Brazoria County for purposes of
construction and maintenance of said bridge.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain right -of -way easement granted by the
City of Pearland to Brazoria County for purposes of constructing
and maintaining a public roadway (bridge) on County Road 109 at
Hickory Slough, a copy of which is attached 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 execute said easement for and on behalf of the City.
PASSED, APPROVED and ADOPTED this theO/M of c4
A. D., 1995.
2tr G
r i
ICHARD TETENS
MAYOR PRO TEM
ATTEST:
r.
Y A C. BENIT Z
CITY SECRETARY
APPROVED AS TO FORM:
/L. 1'' 1 _Ai r
Y 0 S M ULLO H i
CIT ATTORNEY 1
C61I°
THE STATE OF TEXAS
COUNTY OF BRAZORIA
RIGHT -OF -WAY EASEMENT
(Exhibit A to Resolution R95 -47)
That the CITY OF PEARLAND, a municipal corporation situated in
Brazoria and Harris Counties, Texas (GRANTOR), being the owner in
fee simple of the hereinafter described. property located in
Brazoria County, Texas, acting by and through its authorized repre-
sentative, PAUL GROHMAN, for and in consideration of the sum of
TEN DOLLARS ($10.00) cash to it in hand paid by BRAZORIA COUNTY
(GRANTEE), the receipt and sufficiency of which is acknowledged,
does hereby grant and convey, unto BRAZORIA COUNTY, its successors
and assigns, a right -of -way easement, as hereinafter described, for
the purposes of constructing, reconstructing, operating, maintain-
ing and repairing a public roadway (bridge) on County Road 109 at
Hickory Slough, subject to the provisions and conditions herein
stated, upon, under, over, across and along the tract or parcel of
land described in the attached Exhibit "A
GRANTEE, its successors, assigns, or .agents shall have the
right and privilege, to enter upon the land covered by the
right -of -way easement, and all premises adjacent to the outside
boundaries of said right -of -way easement, to the extent necessary
and 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 said .right -of -way
easement.
Page 1 of 4
KNOW ALL MEN BY THESE PRESENTS:
GRANTEE shall have the right to remove trees, brush, under-
growth, and other obstructions interfering with the location,
construction, reconstruction, operation, removal, maintenance, and
repair of the public roadway (bridge) authorized hereunder.
GRANTOR retains title to all of the oil, gas, sulfur and other
mineral interests in and under said right -of -way easement, 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 ail surface operations in connection therewith are
located at a paint outside of the above described right -of -way
easement, and upon. the condition that none of such operations shall
be conducted so near the surface of said right -of -way easement so
as to interfere with the intended use thereof or in any way
interfere with, jeopardize or endanger the facilities of Brazoria
County or create a hazard to the public users thereof.
GRANTOR shall have the right to fully use and enjoy said ease-
ment and right -of -way for any purpose which shall not interfere
with the rights herein granted to GRANTEE.
To have and hold, the above described right -of -way easement,
together with all the rights and appurtenances thereto in anywise
belonging to GRANTEE, its successors and assigns, forever, upon the
condition that GRANTEE will at all times, after doing any work in
connection with the construction, reconstruction, operation,
removal, maintenance or repair of said public roadway (bridge) or
Page 2 of 4
appurtenance 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 GRANTEE will not create a nuisance or do any act
that will be detrimental to said premises.
Executed this kJ- day of _At e2+ 1995.
CITY OF PEARLAND, GRANTOR
Page 3 of 4
Paul Grohman, City Manager
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was
1995 by Paul Grohman,
behalf of said city.
Oj
al
TOMMIE JEAN VIAL
Notary Public. State of Texas
Commission Expires 2 -25-97
acknowledged before me on Ok( y,ii d
City Manager of the City of Penland, on
Page 4 of 4
J X/Jj 4(
NOTARY PUBLIC ,USTATE OF TEXAS
Commission Expi_res:al -5 J
Printed Name %mrniP. Jed}v} 4 L,
County: Brazoria
Highway: County Road 109
Project Limits: at Hickory Slough
CSJ: 0912 -31-
EXHIBIT A Page i of 3 Pages
Description of Parcel 2
December, 1994
Parcel 2
Page 1 of 2 Pages
Being 0.122 of one acre (5,312 square feet) parcel of land, more or less, out of a 7.984 acre tract
in the H.T. B. R.R. Company Survey, Section 7, Abstract 219, Brazoria County, Texas; said
7.984 acre being that same tract conveyed to The City of Pearland from T.D. Matheny and V.H.
McDougal by deed dated October 13, 1983, and recorded in Volume 1736, Page 997, of the Deed
Records of Brazoria County, Texas; said 7.984 acre tract also being part of Lot 15, of the
Allison Richey Gulf Coast Home Company Subdivision, according to the Plat thereof recorded
in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas; said 0.122 of one acre
parcel being more particularly described as follows:
COMMENCING at a three- quarter inch iron rod found at an interior comer of said 7.984 acre
tract, said rod also being the Southeasterly comer of a 2 acre tract conveyed to Rolando Garza
and wife, America Garza, from Prescott L. Terry and wife, Martha H. Terry, by deed dated April
7, 1993, and recorded under County Clerk's File No. 93- 016389 in the Official Records of
Brazoria County, Texas; thence as follows:
North 89 30' 21" West, along a Northerly line of said 7.984 -acre tract, and along the
Southerly line of said 2 acre tract, a distance of 491.87 feet to five eights inch iron rod
with a Tx.D.O.T. aluminum cap set at the POINT OF BEGINNING of the herein
described 0.122 of one acre parcel of land at a comer of the proposed Easterly right -of-
way line of County Road 109 (Garden Road);
1.) THENCE South 00 08' 25" East, along the proposed Easterly right -of -way line of County
Road 109, a distance of 266.95 feet to a five-eights inch iron rod set on the Southerly line
of said 7.984 acre tract and the Northerly line of a 9.983 acre tract of land conveyed to
Carl A. Davis from Edith Harlan Robinson Gardner and husband, George J. Gardner by
deed dated February 24, 1975, and recorded in Volume 1237, Page 130, of the Deed
Records of Brazoria County, Texas;
2.) THENCE North 89 27' 45" West, along the Southerly line of said Lot 15, along the
Southerly line of said 7.984 .acre tract, along the Northerly line of said Lot 16, and along
the Northerly line of said 9.983 acre tract, a distance of 21.98 feet to the existing Easterly
right -of -way line of County Road 109;
THENCE North 00 45' 13" East, along the existing Easterly right -of -way line of County
Road. 109, a distance of 266.92 feet to a five- eights inch iron rod found on a Northerly
line of said 7.984 acre tract and on the Southerly line of said 2 acre tract;
THENCE South 89 21" East, along the proposed Easterly right -of -way line of County
Road 109, along a Northerly line of said 7.984 acre tract, and along the Southerly line of
said 2 acre tract,.a distance of 17.82 feet to the POINT OF BEGINNING and containing
0.122 of one acre (5,312 square feet) of land, more or less. (Bearings are relative to those
bearings shown on Texas Department of Tranportation construction plans for County
Road 109 at Hickory Slough).
EXHIBIT A Page 2 of 3 Pages
Norman G. McCord /-Z
Registered Professional Land Surveyor
Texas Reg. No. 2513
A P B G9 4.
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NORMAN 0. McCORD
2513 \e
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5U F V
December, 1994
Parcel 2
Page 2 of 2 Pages
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