R89-39 11-20-89 RESOLUTION NO. R89-39
A RESOLUTION ACCEPTING THE RIGHT-OF-WAY EASEMENT DEED FROM THE
GULF COAST CENTER TO THE CITY OF PEARLAND, TEXAS, DEED
ATTACHED AS EXHIBIT "A".
WHEREAS, the City of Pearland, Texas, is in need of a right-of-way
across the land which is described in the Deed attached hereto as
Exhibit "A";
WHEREAS, the Grantor is willing to grant to the City of Pearland
said right-of-way;
WHEREAS, the Grantor is the fee simple owner of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That the City of Pearland, Texas, hereby accepts the
attached Right-of-Way Easement Deed from the Gulf Coast Center to the
City of Pearland, Texas, for the purpose as set out in the Right-of-
Way Easement Deed attached hereto.
Section 2.
directed to file
County, Texas.
PASSED and
A. D., 1989.
ATTEST:
CityS~eetary
That the City Secretary is hereby authorized and
such Deed in the Real Estate Records of Brazoria
APPROVED this the
day of ~~
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A" ` )
EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIAA
That THE GULF COAST CENTER, hereinafter styled "GRANTOR" , for
and in consideration of the sum of ONE DOLLAR ($1 . 00) , 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, maintaining and repairing of a sanitary
sewer lift station, 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 :
A . 0052 ACRE TRACT OF LAND, out of Tract 176 , Zychlinski and
Murdock Subdivision of the G. C. Smith or H. T.&B.R.R. Company
Survey, Section 28, Abstract 551 in Brazoria County, Texas,
as Recorded in Volume 29, Page 9 of the Deed Records of
Brazoria County, Texas. Said . 0052 Acre Tract Being More
Particularly Described as Follows:
Commencing at a 1/2 inch iron rod in the northwest right-of-
way line of Dixie Farm Road and common tract line of Tracts
175 and 176 of the Zychlinski and Murdock Subdivision as
described above;
Thence N 44 degrees 57' E along the north right-of-way line
of Dixie Farm Road a distance of 30 . 00 feet to a point for
corner and the POINT OF BEGINNING of the . 0052 Acre Tract
described above;
Thence N 45 degrees 03' W 15. 00 feet to a point for corner;
Thence N 44 degrees 57' E 15. 00 feet to a point for corner;
Thence S 45 degrees 03' E 15. 00 feet to a point for corner;
Thence S 44 degrees 57' W 15 . 00 feet to the PLACE OF BEGIN-
NING, and containing . 0052 Acres 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
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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, maintenance, or repair of the sanitary sewer lift
station, as 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 permissible 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 sanitary sewer
lift station is a force main that requires special connection. Con-
nection to this line by adjacent property owners will be permitted
engineering to the normal en g' g 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, maintaining and repairing of said sanitary sewer lift
station; all upon the condition that the City of Pearland, Texas will
at all times, after doing any work in connection with the construc- .
tion, maintenance or repair of said sanitary sewer lift station
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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 _2-9 . day of _ d 4'
A. D. , 1989.
` C/v
MICHAEL WINDBURN, EXECUTIVE DIRECTOR
OF THE GULF COAST CENTER, GRANTOR
STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument as acknowledged before me on this the
o22`' day of 00/0 bed' _ _ _ , A. D. , 19 8
by MICHAEL WINDBURN, EXECUTIVE DIRECTOR OF THE GULF COAST CENTER,
GRANTOR.
LOD1E H. BUNCE /
*) Notary Public, State of Texas — /141
} My Commission Expires 8J25J80 •T. :Y PUBLIC IN AND FOR THE
STATE OF TEXAS
My Commission Expires:
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