R2011-156 - 2011-12-12 RESOLUTION NO. R2011 -156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN
UTILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Easement attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby conveyed to DCP Sand Hills Pipeline, LLC.
PASSED, APPROVED, AND ADOPTED this 12 day of December, A.D., 2011.
TOM REID
MAYOR
ATTEST:
/
YO � G LO i' I G, " /c i
CI f SECR" ARY
ry„
APPROVED AS TO FORM:
NG IEM V. DOAN
DEPUTY CITY ATTORNEY
Exhibit "A"
PERMANENT EASEMENT AGREEMENT R2011 -156
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THAT as of , 2011, the undersigned ( "Grantor,"
whether one or more), in consideration of the sum of Ten and No /100 Dollars ($10.00) and other
valuable consideration in hand paid to City of Pearland by DCP SAND HILLS PIPELINE,
LLC, a Delaware limited liability company with an address at 5718 Westheimer Road, Suite
1900, Houston, Texas 77057 ( "Grantee "), the receipt of which is hereby acknowledged, does
hereby grant unto Grantee an easement fifty feet (50') in width ( "Easement ") as more fully
described in EXHIBIT "A" and depicted on EXHIBIT `B" (both of which are attached and
incorporated by reference), and affixed as finally constructed, for the purpose of laying,
constructing, maintaining, operating, repairing, replacing, protecting, altering and removing one
pipeline, including cathodic protection, above - ground appurtenances, and any and all other
devices, equipment, and structures from time to time deemed by Grantee to be necessary or
appropriate in connection with the use and prudent operation of the pipeline for the gathering or
transportation of hydrocarbons and any liquids that can lawfully be transported through a pipeline
across the following described lands in BRAZORIA COUNTY, TEXAS:
A 1.17 acre tract of land out of the H.T. &B. Railroad Company Survey, Abstract
549, Brazoria County, Texas; said 1.17 acre tract of land being out of Lot 50 of the
Allison Richey Gulf Coast Home Company Subdivision, Section 24 as recorded in
Volume 2, Page 89 of the map records of Brazoria County, Texas; said 1.17 acre
tract of land being out of a tract of land conveyed to Carol Jean Miertschin as
recorded in County Clerk's File No. 2005069868 of the Official Public Records of
Brazoria County, Texas; more particularly described in Deed recorded as File No.
2008004713 of the Official Public Records of said county and state.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, together, with the
right of ingress to and egress from the Easement across the adjacent property of Grantor. The
parties further agree as follows:
1. In the exercise of its rights hereunder, Grantee shall: (a) bury all line pipe to a
sufficient depth based on soil conditions, terrain and any applicable state and /or federal
regulations (b) promptly restore the ground surface of the Easement, and the additional
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may
remove or strike any of the following information from this instrument before it is filed for
record in the public records; your social security number or your driver's license number.
workspace defined in Section 7 below, as nearly as reasonably practicable to the original contour
that existed immediately prior to the commencement of any work; (c) if determined by Grantor to
be necessary, Grantee shall provide suitable ditch cross -overs during construction as reasonably
required by Grantor; and (d) promptly repair any fences, to as good, or better condition, as they
were prior to commencement of the work, and install an H -frame brace before cutting any fences.
2. Grantor shall have the right to use and enjoy the surface of the Easement for
agricultural pasturage and other similar purposes that will not interfere with use of the Easement
by the Grantee for any of the purposes granted above; no building, structure, improvement, or
obstruction, other than ordinary and usual fences, shall be placed within or upon the Easement,
and there shall be no alteration of the ground surface or grade of the Easement without the
express written consent of Grantee, and, to the extent that written consent has not been given,
Grantee shall have the right to clear and keep cleared from within the Easement all trees, brush,
undergrowth, buildings, structures, improvements, or other obstructions, though Grantee has no
obligation to do so.
3. Grantee shall have the right, at its option, to install gates in fences crossing the
pipeline right -of -way.
4. GRANTEE RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS HARM-
LESS AND AGREES TO DEFEND GRANTOR, ITS OFFICERS, OFFICIALS, AGENTS,
EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY
AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES,
RIGHTS, CLAIMS, LAWSUITS, CAUSES OF ACTION, OR JUDGMENTS OF WHAT-
SOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, COSTS
AND EXPENSES, WHICH MAY ARISE OUT OF, BE RELATED TO, OR BE IN
CONNECTION WITH GRANTEE'S USE OF THE EASEMENT, EXCEPT THAT
GRANTEE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY GRANTOR'S
NEGLIGENCE OR WILLFUL MISCONDUCT OR THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF GRANTOR'S EMPLOYEES, REPRESENTATIVES, AGENTS,
CONTRACTORS, OR INVITEES.
5. This instrument may be executed in multiple counterparts, which together shall
constitute one and the same instrument.
6. This grant is not a conveyance of the lands described herein or of any interest in
the oil, gas and other minerals in, on or under the lands, but is a grant solely of the Easement
granted herein. This grant is made subject to all applicable laws, ordinances, easements, leases,
restrictions, reservations or covenants, either of record or evidenced by improvements upon the
ground to the extent they are in force.
7. All fixtures, equipment, and improvements placed on or fixed to the premises by
Grantee shall remain the property of Grantee, and Grantee shall have the right to remove any or
all of its property from the Easement.
- 2 -
8. During construction and /or maintenance of the pipeline, Grantee shall be allowed
to use additional workspace along and adjacent to the Easement, being an extra forty feet (40') in
width adjacent to the Easement. 9. The initial consideration recited above is also full,
complete, and final payment for and includes usual and necessary construction damages that may
be sustained by original construction of the pipeline within the Easement area, including without
limitation, reseeding, cutting trees, and damages to the surface, fences and any other property
owned by Grantor.
10. The rights of Grantee may be assigned in whole or in part.
11. All persons entering upon the pipeline Easement under this grant shall confine
themselves to the operations and purposes contemplated herein, and no uses, including, but not
limited to, hunting and fishing shall be permitted by Grantee, its employees, agents, or
contractors.
12. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if
necessary to facilitate any improvement by Grantor to McKeever Rd. (CR 100), including
without limitation widening or expansion.
13. This grant states the entire agreement between the parties regarding its subject
matter, and no representations or statements, verbal or written, have been made that would
modify, add to, or change the terms of this Easement. This Easement and all rights, privileges,
and obligations created herein shall run with the land and shall inure to the benefit of and be
binding upon the legal representatives, heirs, executors, administrators, successors, and assigns
of the parties.
EXECUTED AND EFFECTIVE as of the date first stated above.
GRANTOR(S):
City of Pearland
- 3 -
STATE OF TEXAS §
COUNTY OF��C (t c,(iCL
This instrument was acknowledged before me on the I Li th day of 1)-o r ;yi rc r , 2011,
by � + 11 of the City of
Pearland, on behalf of said entity.
G \A A. p %,,
.
Z -••• Notary Public, State of Texas
f9T EOF Z F
•
�% EXMRE�'•' q, .��
3 27 • .o
AFTER RECORDING RETURN TO:
DCP Midstream, LP
ATTN: Lezlee Watkins
20351 Hwy 6, Suite D
Manvel, TX 77578
-4-
EXHIBIT "A"
DCP SAND HILLS PIPELINE, LLC
UPI JOB NO. 18124
TRACT NO. BR- 360.000
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
DESCRIPTION OF A
FIFTY (50) FEET WIDE
PERMANENT EASEMENT AND RIGHT OF WAY
UPON THE PROPERTY OF
CITY OF PEARLAND
DESCRIPTION OF A FIFTY (50) FEET WIDE PERMANENT EASEMENT AND RIGHT OF
WAY SITUATED IN THE GEORGE C. SMITH SURVEY (H.T. &B.R.R.CO., SECTION 24),
ABSTRACT NO. 549, BRAZORIA COUNTY, TEXAS, AND BEING UPON, OVER, THROUGH
AND ACROSS A PORTION OF THAT CERTAIN CALLED 1.17 ACRES TRACT OF LAND,
DESCRIBED IN AND CONVEYED TO CITY OF PEARLAND, BY INSTRUMENT RECORDED
UNDER COUNTY CLERK'S FILE NUMBER (C.C.F. NO) 2008004713 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS (O.P.R.B.C.T.), REFERRED TO
HEREINAFTER AS "THE ABOVE REFERENCED TRACT OF LAND ", SAID FIFTY (50) FEET
WIDE PERMANENT EASEMENT AND RIGHT OF WAY BEING SITUATED TWENTY FIVE
(25) FEET EACH SIDE OF THE HEREIN DESCRIBED BASELINE, SAID BASELINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH ALL BEARINGS AND
DISTANCES HEREIN BEING GRID, BASED UPON THE TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204), U.S. SURVEY FEET, NORTH
AMERICAN DATUM OF 1983 (NAD83), AS DERIVED FROM A GLOBAL POSITIONING
SYSTEM (GPS) SURVEY PERFORMED BY UNIVERSALPEGASUS INT., IN APRIL 2011;
COMMENCING at a 1/2 inch iron rod found marking the southwesterly corner of that certain
called Lot Sixty (60), a called 10 acres tract of land, of the Suburban Gardens Subdivision, by map
or plat thereof by instrument recorded in Volume 2, Page 89 of the Plat Records of Brazoria County,
Texas (P.R.B.C.T.), and conveyed to Marshall Dickens by instrument recorded in C.C.F. No.
2000017910 of the O.P.R.B.C.T., and the southeast comer of the above referenced tract of land;
THENCE North 02° 32' 40" West, along the common line of the said Lot Sixty (60) tract of land
and the above referenced tract of land, a distance of 25.9 feet to the POINT OF BEGINNING of
the herein described baseline;
THENCE North 51° 43' 48" West, across a portion of the above referenced tract of land, a distance
of 144.5 feet to a point in the west line of the above referenced tract of land, said point being the
POINT OF TERMINATION of the herein described baseline, from which a 1/2 inch iron rod
found marking the northwest corner of the above referenced tract of land, bears North 02° 39' 14"
West, a distance of 344.8 feet, said baseline having a total length of 144.5 feet, or 8.76 rods, said
Permanent Easement and Right of Way containing 0.17 acre of land, more or less.
Sheet 1 of 2
LEGEND EXHIBIT "B
VOL VOLUME
PC. PAGE
FND. FOUND
PROP. PROPOSED
N.T.S. NOT TO SCALE
I.R. R IRON ROD LANE
T.W.S. TEMPORARY WORKSPACE 4 ✓'�
P.E.R.W. PERMANENT EASEMENT & RIGHT OF WAY �'r
WAD 83 NORTH AMERICAN DATUM OF 1483 �! ��
CPS GLOBAL POSITIONING STDICM .. ■ alm�
R.O.W. RIGHT OF WAY ` ■ �`
C.C.F.NO. COUNTY CLERICS FILE NUMBER /a ll . '9 Ibb,
P.R.B.C.T. PLAT RECORDS OF BRAZORIA COUNTY. TEXAS 411111' QOL•/y
D.R.B.C.T. DEED RECORDS 0.P.R.B.C.T. OFFICIAL PUB RECORDS BRAZORIA BRAZORIA TEAS IUNTY, TD(AS `' 1 8 9 S � 4
R.O.W. RIGHT OF WAY �O•e. �'
allaftraill
F r
FND. 1/2' I.R. �p
e. ______ '7-
Q' ryh ..,,,,......„.
\ I,
.0 & \ \\
1 ( TRACT NO. BR- 360.000 \
CITY OF PEARLAND DETAIL "A"
s CALLED 1.17 ACRES N.T.S.
z C .C.F. NO. 2008004713
0.P.R.B.C.T.
BASELINE (TRACT NO. BR- 359.000)
50' P.E.R.W MARSHALL DICKENS
LOT SIXTY (60)
CALLED 10 ACRES
SEE SUBURBAN GARDENS SUBDIVISION
POINT OF DE "A" VOLUME 2, PAGE 89
TERMINATION P.R.B.C.T.
BR- 361.000 al C.C.F. NO. 2000017910
( TRACT NO. ) 0.P.R.B.C.T.
CAROL JEAN MIERTSCHIN POINT OF
RESIDUE OF A CALLED BEGINNING
9.98 ACRES i SI '(E �F t �
C.C.F.NO. 2005089668 Y °S } y NO2 S 9 •W y 'CP Q �G J�FO +q
0.P.R.B.C.T. �r *; •
'..
COUNTY ROAD 100 POINT OF GARY GREER
(60' R.O.W.) COMMENCING t •
FND. 1/2- I.R. 1. 4948 •
94;6,SE.R •
1. A CURRENT 112E REPORT WAS NOT AVAILABLE AT THE TIME OF
THE SURVEY 172E INFORMA170N SHOWN HEREON WAS FURNISHED
8Y REPRESENTATIVES OF THE CLIENT AND NO ADDITIONAL
RESEARCH WAS PERFORMED BY THIS SURVEYOR, n1IREFORE THE E.R.C. 100' 200' 300
OWNERSHIP SH089V HEREON MAY NOT BE 7HE MOST CURRENT
2. ALL BEARINGS AND DISTANCES CONTNNED HEREIN ARE GRID BASED
-
ON TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL DCP Sand Hills
ZONE (4204). U.S. SURVEY FEET RAD 83 AS DERIVED FROM A
CPS SURVEY PERFORMED BY UN/VERSALPEG4SUS INT., APRIL 2011.
Pipeline, LLC
3. SEE EXHIBIT A' FOR DESCRIPTION.
4. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SEALED 50' PERMANENT EASEMENT
WIN THE RAISED EVBOSSING SEAL OF THE SURVEYOR WHOSE
NAME APPEARS BELOW, IT SHOULD BE CONSIDERED AS A COPY AND RIGHT OF WAY
AND NOT AN ORIGINAL. SITUATED IN THE
l Q4RY GREER, DO HEREgV- CFRI7FY THAT THIS SURVEY WAS CITY OF PEARLAND PROPERTY
MADE ON 1HE GROW,- THAT PEIS:PLAT CORRECTLY REPRESENTS GEORGE C. SMITH SURVEY' N.T. &B.R.R.CO., SECTION 24),
THE FACTS FOUR 'A HE TIME GF:111 SURVEY
ABSTRACT NO. 549
iUI.0
, •Z 7'/ BRAZORL4 COUNTY, TEXAS
GARY OREER JOB: 18124 DRAWN BY: EY.. I CHECKED: CRC.
REQIS1ERED FRO,F5S70NAt : SURVEYOR
7FJ09S REG/S7RAiION-j4. {8__= ; PAGE: 1 OF 1 047E 09/19/8711 REV:: 0
I:\18124 . BASELINE FOOTAGE 144.5'
DCP- SANDNMLLS`SURVEY\PUT5\8RAZOR14 RODS• 876 UniversalPegasus 4Pitt. 4848 Loop Central Dr.
Houston, Texas 77081
COU�OR- 360.000.4 PERMANENT EASEMENT: 0.17 ACRE INTERNATIONAL
713.877.7770
TEMPORARY WORKSPACE. 0.13 ACRE
O� 1p�AR
ubegat. EMLAUQB
t t X A 9
s '89%
MEMORANDUM
TO: Mr. Nghiem Doan DATE: December 14, 2011
Administration
Originating Office
FROM: Anthony Vu Project Management
SUBJECT: DCP Permanent Easement Agreement; Resolution No.2011-143
Nghiem,
Please advise/approve for the City Manager's signature. A so, p ase execute the Resolution No
R2011-156. Thank you in advance.
Anthony
AV:
Attachments
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