R88-21 06-27-88 RESOLUTION NO. R88-21
A RESOLUTION ACCEPTING THE EASEMENT DEED FROM ELIZABETH A.
NISBET TO THE CITY OF PEARLAND, TEXAS FOR A RIGHT OF WAY
EASEMENT.
WHEREAS, the City of Pearland, Texas is in need of a ease-
ment across the land which is described in the Easement attached
hereto as Exhibit "'A-i"
WHEREAS, the Grantor is willing to grant to the City of
Pearland said easement;
WHEREAS, the Grantor is the fee simple owner of said proper-
ty; 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 Easement Deed from Elizabeth A. Nisbet to the City
of Pearland, Texas for the purpose as set out in the Easement
Deed attached hereto.
SECTION 2. The City Secretary is hereby authorized and
directed to file such Easement Deed in the Real Estate Records of
Brazoria County, Texas.
PASSED AND APPROVED this the
1988.
~2~ day of ~
TOM REID, MAYOR
CITY OF PEARLAND, TEXAS
ATTEST:
K~Y~KOU/SE~SECRETARy
CITY OF PEARLAND, TEXAS
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY
Pl:5
EXHIBIT "A" TO RESOLUTION NO. R:8-22
ALLEYWAY DEED
STATE OF TEXAS
0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THAT I, AARON PASTERNAK, TRUSTEE, hereinaf er styled "GRANTOR" ,
for and in consideration of the sum of ONE DOLLAI' ($1 . 00) , to me in
hand paid by the City of Pearland, Texas, hereinafter styled
"GRANTEE" , and for other good and valuable consi•eration, the receipt
and sufficiency of which is hereby acknowledged, have granted and
conveyed, and do by these presents grant and co vey, unto the said
GRANTEE, its successors and assigns, a twenty (29 ' ) foot alleyway, as
hereinafter described, for the purpose of acce-s and placement of
public utilities, subject only to the provisions =nd conditions he ein
specified, in, upon, over and across the trac and parcel of and
hereinafter described, and within the boundaries established ther-by,
such twenty (20 ' ) foot alleyway hereinafter st led "ALLEYWAY" and
being more particularly described by metes and bo nds as follows:
A TWENTY (20' ) FOOT ALLEYWAY OUT OF A 28 . 63,E ACRE TRACT OF
LAND OUT OF THE W.D. C. HALL LEAGUE, ABSTRA1T 70 , BRAZORIA
COUNTY, TEXAS, AND BEING MORE PARTICULAR, Y DESCRIBED AS
FOLLOWS:
BEGINNING at a 3/4 inch iron rod at the mos easterly corner of
the aforementioned 28. 638 acre tract, said rod also being the most
northerly corner of Creekview Subdivision and be ng in the southwIest
right of way line of F.M. 518;
THENCE S 42 degrees 17' 32" W along the sou heast line of s id
28. 638 acre tract and the northwest line of Cree.view Subdivision, a
distance of 1 , 151 . 07 feet to a 1/2 inch iron rod . t the most southe ly
corner of said 28 . 638 acre tract;
THENCE N 47 degrees 41' 46" W along the southwest line of s id
28. 638 acre tract, a distance of 1, 000 . 75 feet to a 1/2 inch iron od
for angle point, said rod also being the most easterly corner of a
7. 298 acre tract;
THENCE N 47 degrees 43' 18" W along the southwest line of s id
28 . 638 acre tract and the northeast line of said 7 . 298 acre tract, a
distance of 358. 55 feet to a 1/2 inch iron rod for corner in he
southeast right of way line of Liberty Drive;
THENCE N 41 degrees 32' 32" E along the southeast right of ay
line of Liberty Drive, a distance of 20 . 00 feet to a 1/2 inch iron od
for corner;
THENCE S 47 degrees 43' 18" E parallel to and 20 . 00 feet
northeast of the southeast line of said 28. 638 ac a tract, a distaice
of 358. 55 feet to an angle point;
THENCE S 47 degrees 41' 46" E parallel to and 20 . 00 feet
northeast of the southeast line of said 28. 638 ac a tract, a distance
of 981 . 00 feet to a 1/2 inch iron rod for corner;
1
of constructing, reconstructing and maintaining all utility lines all
upon the condition that the City of Pearland, Te as will at all times,
after doing any work in connection with the construction,
reconstruction or repair of said utility lines, endeavor to restore
said premises to the condition in which the sa e were found before
such work was undertaken, and that in the use of said rights and
privileges herein granted the City of Pearland, exas will not cr ate
a nuisance or do any act that will be detrimental to said premises.
WITNESS MY HAND, this the _c _ day of _ , 1 88.
AARON P) w' RNA , TRISTE / .
GRANTOR
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me o this the _ day
of , 1988, by AARON PASTERNAK.
•
-d;.2
NOTARY PUBLIC I ND FOR
THE STATE OF TEXAS
My Commission Expires: a ,`.0•,„
Tommie Jean Vial
. COMMISSION EXPIRES
-� +--- OW +P= FEBRUARY 25 1989
Tf OF F;..
3
EXHIr "A-1" TO RESOLUTION NO. -21
EASEMENT
THE STATE OF TEXAS)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA)
That ELIZABETH A. NISBET, hereinafter called Grantor, for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and ther
7
good and valuable consideration in cash to Grantor in ha
nd paid by the
Grantee named herein, the receipt and sufficiency thereof being hereby
acknowledged, does by these presents GRANT, BARGAIN, SELL and 'CONVEY
unto the CITY OF PEARLAND, State of Texas, herein called Grantee, its
successors and assigns, a right-of-way easement, which grant shall
include the free and uninterrupted use, liberty, privilege and ease-
ment of passing in and along and across a certain tract of land
situated in said county and described more ful y hereinafter; which
grant shall also include the right to constr ct, reconstruct, and
_ perpetually maintain water lines and sanitary sewer lines together
with all necessary laterals in, upon and across that certain tract of
land situated in said county and described more 'ul ly hereinafter* aid
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iiVe46 giii#X xet vemigemetesixxelmaxtatutmalooftwormaocteati..putotmotatioxxmxvixtxxygxag
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�51b�(f�i4Xd�A, and in connection therewith for the purposes of erec ing,
maintaining, operating and removing a line of poles and appurten aces
thereto for the operation of telephone and telegraph wires, which
right-of-way and easement shall be across that certain tract of land
situated in said county and described more fully hereinafter, to-wit:
71-
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE OR ALL
APPROPRIATE PURPOSES
This instrument is made and accepted subject to the following .
provisions and conditions:
Grantee shall have the right to enter upo the land cover d by
the easement at any time that Grantee deems prooer for the purpor of
exercising Grantee's rights and privileges hereunder; for the purpose
of free ingress, egress and regress to and for the said
g g Grantee , its
successors and assigns, by foot and with all types of automobiles and
other vehicles as it shall deem necessary or convenient at all times;
and for the purpose of entering from time to time to cut and keep
clear all trees, undergrowth and other obstructions on or over said
right-of-way and easement.
Grantee shall have the right, at its own cost, to remove any
obstructions interfering with the location, construction, recons ,ruc-
tion, mainterfance or repair of the easement authorized herein.
TO HAVE AND TO HOLD_THE_EASEMENT, together with all and sin ular
the rights and appurtenances thereto in any manner belonging unt the
Grantee, its successors and assigns; and she does hereby ind
herself, her successors and assigns to WARRANT AND FOREVER DEFEND
during the period of such easement use, all and singular the pro erty
herein described unto Grantee, its successors and assigns, ag inst
every person whomsoever lawfully claiming or to claim the same ox any
part thereof.
-2-
•
(0111")- EXHIBIT "A" TO 'EASEMENT
DESC:RIPTION
Of a 3.0408 acre tract . c f land out of a 207. 179 acre tract
land, as conveyed toElizabeth Alexander Nisbet, as recorded •
under Volume 1597, Page 315 of the Deed Records of Brazoria
County, Texas, said tract also being out of the A. C. H. &B.
Railrcoad Survey, Abstract No. 507, Brazoria County, Texas, and
being part of Lots 13, 15, 16, 17 and 19, of the L. W. Murdock
Subdivision, as recorded in Volume 29, Page 174 of the Deed
I
Records of Brazoria County, Texas, said 3. 0408 acres of la d
being more particularly described by metes and bounds as follows:
COMMENC:ING at a 5/8 inch iron rbd found for the Northwester y
corner of the said 2C07. 179 acre tract cif land, and being in tFhe
Northeasterly Fight-Of-Way lind of State Highway No. 35 ( 100. 00
I
foot wide? , said iron rood being in the common division line
between Lots 8 and 11 of said LAW. Murdock Subdivision;
THENCE South 29°37' 21 " East along the Northeasterly Fight-Of-W y
of said State Highway No. 35, a distance of 2, 180. 91 feet to a
5/8 inch iron rod set for the PLACE OF BEGINNING of the here n
described tract of land;
THENCE continuing South 29°37' 21 " East along said Northeasterly
Right-Of-Way line of State Highway No. 35, a distance of 60. C00
feet to a paint for corner , being the beginning of a curve to the
right ;
THENCE in a Northeasterly direction with said curve to the right,
having a radius of 940. 00 feet, a central angle of 20° 17' 13" , -an
arc length of 332. 83 feet , a chard bearing of North 70°31' 15"
East and a chord distance of 331 . 09 feet to a point of tangency,
THENCE North 80°39' 52" East a distance of 728. 18 feet to a point,
being the beginning of a curve to the left ;
THENCE in a Northeasterly direction with said curve to the left,
having a radius of 2, 060. 00 feet, a central angle of 32°07' 44",
an arc length of 1 , 155. 16 feet , a chard bearing of North
64°36' 03" East and a chord distance of 1 , 140. 08 feet to a point
for corner in the East property line of said 207. 179 acre tract;
THENCE North 45°56' 45" West (called North 45°51 ' 40" West) along
the East line of said 207. 179 acre tract , a distance of 60. 19
feet to a 5/8 inch iron rod set for corner, being the beginning
of a curve to the right ;
THENCE in a Southwesterly direction with said curve to the right ,
having a radius of 2, 000. 00 feet , a central angle of 31 °59' 39"
r
an arc length of 1 , 116. 81 feet , a chord bearing of South
64°40' 06" West and a chard distance of 1 , 102. 36 feet to a 5/8
inch iron rood set for a point of tangency;
THENCE South 80°39' 52" West a distance of 728. 18 feet to a 5/8
inch iron rod set for the beginning of a curve to the left ;
THENCE in a Southwesterly direction with said curve to the leflt ,
having a radius of 1 , 000. 00, a central angle of 20° 17' 13" , an rc
length of 354. 07 feet , a chard bearing of South 70°31 ' 15" West
and a chord distance of 352.23 feet to the PLACE OF BEGINNING of
the herein described tract and containing within these calls
132, 457 square feet or 3. 0408 acres of land.
WITNESS MY HAND D AL THIS THE 12TH DAY OF MAY, 1988.
•
OF re
4r:. FOSTER *e
Regis red Public Surveyor No. 1609 ........................Y R.FOSTER
MUNICIPAL ENGINEERING COMPANY, INC.
�at„���,
33C�1 Federal �� Sv
Pasadena, Texas 77504
Phone: (713) 941-8988
.JOB NO. 1 07E-98 -3-
IN WITNESS WHEREOF, this instrument is executed on this 21s=
day of June , 1988.
c
EL ABETH A. NISB T
THE STATE OF TEXAS)
COUNTY OF BfigiZ
This instrument was acknowledged before me on this the 21st
day of . June , 1988, by ELIZABETH A. NISBET.
/.2f%te,e4_7/ F ' •
Notary Public in and for
••�P...'47• The State of TEXAS
,
°�'� 0 WANDA E. MILES
i*' :*_ Notary Public,State of Texas
). • 'TS My Commission Expires 1-2-89
'FOF Wanda E. Miles
(Printed name of Notary) - . .
My commission expires:
Address of Grantee:
City of Pearland
• Post Office Box 2068
Pearland, TX 77588
•
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