R85-14 06-24-85RESOLUTION NO. R-85-14
A RESOLUTION ACCEPTING A RIGHT OF WAY EASEMENT
DEED FOR THE PURPOSES OF MAINTAINING A PUBLIC
WAY, OUT OF A 129.77 ACRE TRACT OF LAND, SAME
BEING LOTS 161 AND 162 AND PART OF LOTS 163
AND 164, H. T. & B. R. R. CO. SURVEY, ABSTRACT
551, BRAZORIA COUNTY, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS:
THAT the City of Pearland, Texas does hereby accept
a Right-of-Way Easement Deed, a copy of which is attached
hereto and labeled Exhibit "A", the Original of which is
also made a part hereof by reference; and,
THAT a copy of the caption of this resolution be
spread upon the minutes of the City Council.
PASSED, APPROVED and ADOPTED this the ~
day of ~/Y/'/Z~/ , 1985.
Mayor
ATTEST:
ASSistant-C~e~ry
APPROVED AS TO FORM:
II 23347
8515 '� 38k,
EXHIBIT "A" 0 -
STATE OF TEXAS �,
COUNTY OF BRAZORIA) tr'
RIGHT-OF-WAY EASEMENT DEED cx)j
KNOW ALL MEN BY THESE PRESENTS, that I , TERRY GRAY
and THE ESTATE OF WAYNE MILLER, JEAN MILLER, EXECUTRIX, hereinafter
styled "GRANTORS" , for and in consideration of the sum of
ONE DOLLAR ($1 .00) , to us in hand paid by the City of Pearland,
Texas, hereinafter styled "GRANTEE" , 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,
reconstructing, maintaining and repairing a public roadway
and utility services, 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 ROAD RIGHT OF WAY OUT OF A 129.77 ACRE TRACT OF LAND,
BEING LOTS 161, 162, THE WEST PART OF LOT 163 AND A
PART OF LOT 464, LYING EAST OF STATE HIGHWAY 35 IN THE
H. T. & B. R. R. CO. SURVEY, ABSTRACT 551; AND THAT
PORTION OF LOT 165 LYING EAST OF STATE HIGHWAY 35 IN
THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 308, BRAZORIA
COUNTY, TEXAS, SAID ROAD RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING at an iron rod at the most westerly corner of
the aforementioned 129 . 77 acre tract , said rod also being
at the intersection of the northeast right of way line of
State Highway 35 and the north line of Lot 165;
THENCE S 28° 38 ' 00" E al,ong the northeast right of way line
of State Highway 35, a dietance of 594.66 feet to the PLACE
OF BEGINNING of the herein described tract ;
THENCE S 72° 42 ' 00" E a distance of 159.77 feet to a point;
THENCE N. 82° 57 ' 00" E a distance of 751. 96 feet to a point ;
THENCE N 000 02 ' 00" W a distance of 1361. 17 feet to a point ;
THENCE N 89° 58 ' 00" E a distance of 70. 00 feet to a point ;
THENCE S 000 02 ' 00" E a distance of 1352. 56 feet to a point ;
THENCE N 82° 57 ' 00" E a distance of 656 . 68 feet to a point ;
THENCE South a distance of 74. 15 feet to a point ;
THENCE S 82° 57 ' 00" W a distance of 1560.45 feet to a point
in the northeast right of way line of State Highway 35 ;
THENCE N 28° 38 ' 00" W along the northeast right of way line
of State Highway 35, a distance of 149 .98 feet to the PLACE
OF BEGINNING and containing 4. 9393 acres of land, said tract
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85157 383(**1)
1. GRANTEE shall have the right to enter upon
the land covered by the 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 . �f
2. GRANTEE shall have the right to remove trees,
brush, undergrowth, and other obstructions interfering with
the location, construction, reconstruction, maintenance,
or repair of the public roadway and utility services .authorized
hereunder.
3. It is hereby understood, and by the acceptance
of this instrument it is recognized, that GRANTORS retain
title to all of the oil , gas, sulphur and other mineral interests
in and under said land, but expressly waive 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 permissable 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 use thereof ; it being intended, however,
that nothing herein shall affect the rights of GRANTEE to
take and use, without additional compensation, any water,
stone, earth, gravel or any other road building materials
upon, in and under said land covered by this easement for
the construction and maintenance of the roadway systems of
the City of Pearland, Texas.
TO HAVE AND TO HOLD the abovesaid EASEMENT, together
with all and singular the rights and appurtenances thereto
in any wise belonging unto the said. GRANTEE, its successors
and assigns ; and we do hereby bind ourselves, our heirs and
assigns to WARRANT and FOREVER DEFEND said EASEMENT unto
the said GRANTEE, its successors and assigns, against every
person whomsoever lawfully. claiming, or to claim the same,
or any part thereof.
WITNESS OUR HANDS at Pearland, Brazoria County,
Texas this the 21 day. of June , 1985.
• TERRY GR E, GRAN "R
E ATE OF WAYNE MILLER,
JEAN MILLER, EXECUTRIX, GRANTOR
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this date
personally appeared TERRY GRAY, known -CO me to be the same
85157` d8 n
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SWORN TO AND SUBSCRIBED before me on this the
24 ;r:. day of June , 1985 .
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NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
• r
f..
?Iy;commis io,n expires: February 25. 1989
i .
STATE OF TEXAS ))
COUNTY OF BRAZORIA)
BEFORE ME, the undersigned authority, on this date
personally appeared JEAN MILLER, as Executrix of the Wayne
Miller estate, known to me to be the same person whose signature
is subscribed to the foregoing instrument , who upon her oath
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
SWORN TO AND SUBSCRIBED before me on this the 21
June , 1985.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
My commission expires : February 25, 1989
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THE STATE Of TEXAS