Ord. 1134 12-08-03Doc# 2004006827
ORDINANCE NO. 1134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN FOURTEEN FOOT
(14') PUBLIC UTILITY EASEMENT LOCATED IN THE J. CRAWLEY
SURVEY, ABSTRACT 174, AND THE WILLIAM MORRIS SURVEY,
ABSTRACT 344, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a petition has been filed with the City of Pearland, to abandon a
certain fourteen foot public utility easement described in Exhibit "A", attached hereto
and made a part hereof for all purposes, and generally located in the J. Crawley Survey,
Abstract 174, and the William Morris Survey, Abstract 344, Brazoria County, Texas;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of said fourteen -foot (14') wide public utility
easement.
Section 2. That said public utility easement, evidenced by Exhibit "A", is
hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. A certified copy of this ordinance recorded in the official records of
Brazoria County, Texas, shall constitute notice of this action by the City Council.
Section 5. Abandonment of the public utility easement is contingent upon the
execution of the Waiver and Release of Liability attached hereto as Exhibit "B", by the
petitioner(s) requesting abandonment.
Section 6. Abandonment of the public utility easement is also contingent upon
the execution of any required easements, by the property owner, to the City.
ORDINANCE NO. 1134
Section 7. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 8. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 9. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 10th day of
November , A. D., 2003. r�
TOM REID
MAYOR
ATTEST:
Y NG R
Y S ' ' ETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th
day of December , A. D., 2003.
TOM REID
MAYOR
ORDINANCE NO. 1134
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
October 15, 2003
Job No. 1546-0501
eXtiif r `1A"
DESCRIPTION OF
0.548 ACRE (23,891 SQUARE FEET)
14-FOOT PUBLIC UTILITY EASEMENT
TO BE ABANDONED
HCA HEALTH SERVICES OF TEXAS, INC.
SHADOW CREEK RANCH
Being 0.548 acre (23,891 square feet) located in the J. Crawley Survey, Abstract 174, and the William
Morris Survey, Abstract 344, Brazoria County, Texas, being a portion of a called 48.000 acre tract of land conveyed
to HCA Health Services of Texas, Inc. by instrument of record under File No. 02-063451, B.C.O.R., more
particularly being a portion of a 14-foot wide public utility easement as described by instrument of record under File
No. 01-029672, B.C.O.R., said 0.548 acre (23,891 square feet) easement being more particularly described by metes
and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD27);
BEGINNING at a 5/8-inch iron rod with cap marked "LJA ENG" previously set marking an angle point on
the easterly line of aforementioned 48.000 acre and being on the arc of a curve of the westerly right-of-way line of
State Highway No. 288 (width varies), said point also being on the easterly line of a 12.58 acre tract conveyed to
Pearland Investments Limited Partnership by instrument of record under File No. 98-050844, B.C.O.R., and being
on the south line of aforementioned 14-foot wide public utility easement, from which a 5/8-inch iron rod found
marking the end of said curve bears South 08° 58' 35" East, 364.03 feet;
Thence, leaving said right-of-way line, with the south line of said 14-foot wide public utility easement,
South 88° 00' 26" West, 49.08 feet to a point for corner;
Thence, continuing with said south line, South 77° 02' 54" West, 1658.32 feet to a point for corner on the
arc of a curve on the west line of the aforementioned 48.000 acre tract;
Thence, leaving said south line, with said west line, 14.01 feet along the arc of a non -tangent curve to the
right having a radius of 755.00 feet, a central angle of 01° 03' 48", and a chord which bears North 10° 27' 17" West,
14.01 feet to a point for corner, being on the north line of said 14-foot wide public utility easement;
Thence, with said north line, North 77° 02' 54" East, 1659.06 feet to a point for corner;
Thence, continuing with said north line, North 88° 00' 26" East, 46.53 feet to a point for corner on the arc
of a curve of the aforementioned westerly right-of-way line of State Highway No. 288;
Page 1 of 1
0.548 Acre October 15, 2003
Job No. 1546-0501
Thence, with said westerly right-of-way line, 14.53 feet along the arc of a non -tangent curve to the right
having a radius of 1273.24 feet, a central angle of 00° 39' 14", and a chord which bears South 17° 31' 20" East,
14.53 feet to the POINT OF BEGINNING and containing 0.548 acres (23,891 square feet) of land.
LJA Engineering & Surveying, Inc.
Page 2 of 2
E:\1546\0501\m&b\14 FT PUE ABANDON.doc
Exhibit 111" 13
Ordinance No. 1134
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
PRESENTS:
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE
That I, X Al.C`�s owner of the fourteen foot (14') public utility
easement located in the J. Crawley Survey, Abstract 174, and the William Morris
Survey, Abstract 344, Brazoria County, Texas, do hereby release the City of Pearland,
including but not limited to its officers, agents, and employees, in both their public and
private capacities, from and against any and all claims that the undersigned holdsor
may claim due to the abandonment.
It is further agreed that the execution of this Release shall not constitute a waiver
by the City of Pearland, of the defense of governmental immunity where applicable or
any other defense recognized by the courts of this state.
SIGNED this ,'� day of ,� -eel,�!rv�i - ; 2003.
1'1�- Sr- Cam-,
THE STATE OF TEXAS §
tiz-COUNTY OF DRAZORIA' CAL §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed.
GIVE
UNDER MY HAND AND SEAL OF OFFICE, this / ) day of
, 2003.
Notary Public - State ca !,:,;.va
County of Clark
MARIE ELAINE ROCK
My Appointment Expires
2-1 July 23, 2005
STATE OF T-CXAS
)6-Vie--
NOTARY PUBLIC IN,AND F0- THE
Printed Name: f)O,eie LA - I we. Roak
My Commission Expires: 7 a
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Doc# 2004006826 !�
PUBLIC UTILITY EASEMENT
(Shadow Creek Ranch)
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF BRAZORIA
That Pearland Investments Limited Partnership (GRANTOR), being the owner in fee
simple of the hereinafter described property located in Pearland, Texas, for and in consideration
of the sum of Ten Dollars ($10.00) cash to me in hand paid by the City of Pearland, Texas, on
behalf of the public (the public utilities allowed to use this easement shall be referred to herein as
GRANTEE) and for other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant, convey, sell, transfer, release, and forever quit -claim unto the
said City of Pearland, a municipal corporation situated in Brazoria, Fort Bend and Harris
Counties, Texas, whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, on behalf
of all public utilities, a public utility easement upon, across and over certain real property owned
by GRANTOR (the "Easement Tract"); said Easement Tract being more particularly described
by metes and bounds and map attached hereto as Exhibits "A" and "B" and made a part hereof
for all purposes.
This non-exclusive easement is granted to GRANTEE for the limited purposes of
placing, construction, repairing, maintaining, rebuilding, replacing, relocating, and removing
utility lines and related appurtenances upon, across, and over the Easement Tract, and the
Easement Tract shall not be used for any other purpose or purposes whatsoever, except in
connection with such specified use.
GRANTEE shall have the right and privilege to enter upon the Easement Tract at any
time that GRANTEE deems proper for the purpose of exercising GRANTEE's rights and
privileges thereon or thereunder pursuant to this conveyance and for ingress and egress to and
from said easement, subject to all provisions and conditions herein specified.
It is hereby understood, and by the acceptance of this instrument it is recognized, that
GRANTOR retains title to all of the oil, gas, sulfur and other minerals and mineral interests in
and under and that may be produced from the Easement Tract, but expressly agrees that all
operations for exploration or recovery of any such minerals shall be performed in accordance
with ordinances of the City of Pearland, Texas and the Planned Unit Development for Shadow
Creek Ranch approved by the City of Pearland, Texas.
GRANTOR expressly reserves the right to the use and enjoyment of the surface of the
Easement Tract for any and all purposes except construction of houses, buildings and structures
(other than sidewalks, driveways and parking lots); provided that such use will not prevent
GRANTEE from constructing installing, maintaining, repairing, replacing, removing or
operating public utilities therein. GRANTOR further reserves the right to cross the Easement
-1-
Tract with any and all roads, trails, bridges and other facilities and structures for all public and
private transportation or walking or to grant to others these same rights.
This non-exclusive easement grant is made by GRANTOR and accepted by GRANTEE
subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations,
exceptions, rights -of -way, and easements of record affecting the Easement Tract.
To have and hold perpetually, the above described property and easement for said
purposes, together with all the rights and appurtenances thereto in anywise belonging to
GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition
that the GRANTEE will at all times, after doing any work in connection with the construction,
reconstruction, repair or removal of said public utilities, 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 to GRANTEE will not create a nuisance or do any act that will be
detrimental to said premises. Subject to the matters set forth herein, GRANTOR does hereby
bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and
singular the easement and rights described herein unto GRANTEE against every person
whomsoever lawfully claiming or to claim the same or any part thereof, BY, THROUGH, OR
UNDER GRANTOR, BUT NOT OTHERWISE.
If GRANTEE fails to restore the premises to their prior condition to the satisfaction of
the underlying fee simple landowner, the City of Pearland, Texas, or the Shadow Creek Ranch
Maintenance Association (the "Named Parties"), any of such Named Parties shall have the right
to undertake such restoration work and to charge GRANTEE for the costs. GRANTEE shall be
obligated to make any restoration or reimbursement for restoration within 30 days of doing the
work that results in a need for restoration or of receiving an invoice for reimbursement,
whichever is appropriate. Failure of GRANTEE to restore the premises to their condition prior to
the undertaking of any such work or to reimburse any of the Named Parties for costs incurred for
such restoration shall subject GRANTEE to loss of all rights to use this easement.
[EXECUTION PAGE FOLLOWS]
-2-
Executed this c9 6 day of
THE STATE OF NEVADA
COUNTY OF CLARK
, 20 0
PEARLAND INVESTMENTS LIMITED PARTNERSHIP
A Nevada limited partnership
By: M.M.L.B. CORPORATION
its general partner
By: ref;
M.M. Collins, President
This instrument was acknowledged before me on the c
20 D, 3 by M.M. Collins, President of M.M.L.B. CORPORATION, general partner of Pearland
Investments Limited Partnership, a Nevada limited partnership, on behalf of said limited
partnership.
Notary Public - State of Navacd
County of Clark
MARIE ELAINE ROCK
My Appointment Expires
32-1 July 23, 2005
r ry v-w r r w
diut
day of ,#)/4"-ti-w--/-(--4----
NOTARY PUBLIC, STATE OF NEVADA
Printed Name: ad / / e n,49Jive ge ,./i "
My Commission Expires: 7--1-3
AFTER RECORDING RETURN TO: Hoover Slovacek, LLP, San Felipe Plaza, Suite 2200,
5847 San Felipe, Houston, Texas 77057-3010, Attention: Sarah Powers.
-3-
October 15, 2003
Job No. 1546-501
DESCRIPTION OF
0.685 ACRE (29,826 SQUARE FEET)
PROPOSED
14-FOOT PUBLIC UTILITY EASEMENT
SHADOW CREEK RANCH
Being 0.685 acre (29,826 square feet) located in the J. Crawley Survey, Abstract 174, and the William
Morris Survey, Abstract 344, Brazoria County, Texas, being a portion of the following tracts conveyed to Pearland
Investments Limited Partnership: that certain 12.58 acre tract by instrument of record under File No. 98-
050844,Oficial Records of Brazoria County, Texas (B.C.O.R.), the residue of 37.847 acre tract by instrument of
record under File No. 98-050320, B.C.O.R., the residue of 37.0050 acres by instrument of record under File No. 98-
047564, B.C.O.R., and a portion of the residue of a called 53.995 acre tract (described as Parcel One) conveyed to
Shadow Creek Ranch Development Company Limited Partnership by instrument of record under File No. 02-
063452, B.C.O.R., said 0.685 acre (29,826 square feet) easement being more particularly described by metes and
bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD27);
COMMENCING for reference at a 5/8-inch iron rod with cap marked "LJA ENG" marking an angle point
on the easterly line of a called 48.000 acre tract conveyed to HCA Health Services of Texas, Inc. by instrument of
record under File No. 02-063451, B.C.O.R., and being on the arc of a curve on the westerly right-of-way line of
State Highway No. 288 (width varies), also being on the easterly line of a 12.58 acre tract conveyed to Pearland
Investments Limited Partnership by instrument of record under File No. 98-050844, B.C.O.R.,
Thence, with the common line of said 12.58 acres and State Highway No. 288, 326.72 feet along the arc of
a curve to the right having a radius of 1273.24 feet, a central angle of 14° 42' 09", and a chord which bears South
09° 50' 38" East, 325.82 feet to the POINT OF BEGINNING;
Thence, continuing with said common line, 14.25 feet along the arc of said curve to the right having a
radius of 1273.24 feet, a central angle of 00° 38' 29", and a chord which bears South 02° 10' 20" East, 14.25 feet to
a point for corner, from which a 5/8-inch iron rod found marking the end of said curve bears South 01° 18' 16" East,
24.31 feet;
Thence, leaving said common line, South 77° 02' 54" West, 1788.26 feet to a point for corner;
Page 1 of 2
0.685 Acre October 15, 2003
Job No. 1546-0501
Thence, North 22° 43' 25" West, 353.81 feet to a point for corner, being on the south line of a 14-foot wide
public utility easement as described by instrument of record under File No. 01-029672, B.C.O.R.;
Thence, with said south line, North 77° 02' 54" East, 14.21 feet to a point for corner;
Thence, leaving said south line, South 22° 43' 25" East, 339.60 feet to a point for corner;
Thence, North 77° 02' 54" East, 1779.13 feet to the POINT OF BEGINNING and containing 0.685 acre
(29,826 square feet) of land.
Page 2 of 2
LTA Engineering & Surveying, Inc.
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