R95-04 01-23-95RESOLUTION R95-4
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
AND EXECUTE AGREEMENTS ASSOCIATED WITH THE TEXAS HAZARD
MITIGATION GRANT PROGRAM, SECTION 404, WITH THE PURPOSE
OF PARTICIPATING IN THE BUYOUT PROGRAM.
WHEREAS, the City of Pearland experienced heavy rainfall
during the third week of October 1994, with severe flooding
occurring along Clear Creek, Mary's Creek, and Hickory Slough; and
WHEREAS, many residences located within the flood plain were
damaged beyond repair by the flood waters; and
WHEREAS, the City's Flood Hazard Prevention Ordinance
establishes land use laws and flood plain management criteria; and
WHEREAS, the City Council is interested in reducing the risk
of loss of life and property in the future; and
WHEREAS, the Hazard Mitigation Grant Program is a 75/25 cost
share program designed to help fund projects that will reduce
losses due to natural hazards; and
WHEREAS, the City Council intends to sponsor the City's
participation in Section 404 of the Hazard Mitigation Grant
Program, thereby helping homeowners recover from their losses and
reducing the loss of lives and property in flood-prone areas.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That the City Manager is authorized to apply for and
execute agreements associated with the Texas Hazard Mitigation
Grant Program, Section 404.
Section 2. That the State of Texas is assured that the local
cost share of 25 percent will be provided by the City of Pearland
both through "In-Kind" services and cash donations.
Section 3. That, in the event a buyout is granted, the City of
Pearland agrees to accept title to the purchased property and
manage it for open space or nondevelopment purposes.
RESOLUTION R95-4
PASSED, APPROVED,
, 1995.
and
ADOPTED
this the 23 day
of
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY T~y~
.,_t: • 95 015293
0
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF BRAZORIA §
That BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 (GRANTOR). , being
CO-GRANTEE, along with the CITY OF PEARLAND of a Drainage Access
Easement on the hereinafter described property located in Pearland,
Brazoria County, Texas, for and in consideration of the sum of One
Dollar ($1 . 00) cash to it in hand paid by the City of Pearland,
Texas, (GRANTEE) and for other good and valuable consideration, the
receipt of which is hereby acknowledged, grants and conveys, to the
extent GRANTOR has an interest in said Drainage Access Easement,
unto the said City of Pearland, a municipal corporation situated in
Brazoria and Harris Counties, Texas, whose mailing address is 3519
Liberty Drive, Pearland, Texas 77581, its successors and assigns,
a right-of-way easement for waterline and sanitary sewer main
purposes in, upon, under, over, across and along the Drainage
Access Easement described in the attached Exhibit "A" , including
but not limited to the construction, reconstruction, maintenance,
operation, repair or removal of said waterline or sanitary sewer
main and all necessary laterals, subject only to the provisions and
conditions herein specified.
GRANTEE, its successors, assigns, or agents shall have the
right and privilege to enter upon the land covered by the
easements, and all premises adjacent to the outside boundaries of
said easements, to the extent necessary and at any time that
GRANTEE deems proper for the purpose of exercising GRANTEE ' S rights
and privileges hereunder, including but not limited to removing,
repairing, or replacing any waterline or sanitary sewer main
Page 1 of 4
I .
I,.,
thereon or thereunder; and for the purpose of ingress and egress to
and from said easements .
GRANTOR and GRANTEE covenant and agree to respectively hold
harmless the other in the event that damages are occasioned by and
in the reasonable exercise of each party' s respective rights and
use of said easement .
To have and hold, the above described property and easements
for said purposes, together with all the rights and appurtenances
thereto in anywise belonging to said City of Pearland, its
successors and assigns, forever, upon the condition that the City
of Pearland, Texas will at all times, after doing any work in
connection with the construction, reconstruction or repair of said
waterline or sanitary sewer main, or any lateral thereof, endeavors
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 Drainage Access Easement, its usage or purpose .
Executed this A3 day of Aki\ , 1995 .
BRAZORIA COUNTY DRAINAGE
DI CT NO. 4
Dan Ke e , Cha n \ •
- /
H. Brenn Commissioner
Roger . Davis, Commissioner
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EXHIBIT "A"
PROPOSED WATER & SANITARY SEWER EASEMENT DESCRIPTION
FOR OFF SITE WATER & SANITARY SEWER FOR
RUSTIC OAKS SUBDIVISION
BEING A TRACT OF LAND DESIGNATED AS A 20 FT. WIDE DRAINAGE ACCESS
EASEMENT ON THE PLAT OF OAK BROOK SUBDIVISION, LOTS 9, 10, AND 11,
BLOCK 1, SECTION 1, AS RECORDED IN VOL. 19, PAGES 41 AND 42 OF
BRAZORIA COUNTY PLAT RECORDS . THIS TRACT OF LAND BEING ALL OF THE
PARCEL DEPICTED AS DRAINAGE ACCESS EASEMENT ON AFOREMENTIONED
INSTRUMENT.
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li
• THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on May 8, 1995
19 95 , by Dan Keller, Chairman of .
the Brazoria County Drainage District ,
No . 4, State of Texas, on
- behalf of said district .
'`,�-... ,tilt\'�\ti'\1—\\"'�1111^aT� NU'T tY p LIC, STATE OF TEXAS
..1,77 t 5-23-97
KATHY E. WELLS Commission Expires :
it-3
; Notary Public.State of Texas I Printed Name: Kathy E. l�Jel 1 s
l �C .
�t�,,.{�'' Commission Expires 5-23-97
THE STATE OF TEXAS
5
COUNTY OF BRAZORIA § •
This instrument was acknowledged before me on May 8• of
19 95 , by Jeffrey H. Brennan, Commissigner
_ the Brazoria County Drainage District No. 4, State of Texas, on
behalf of said district .
------ I 'c--1-"-Z- - -
l~'�1~~~~��~�_ �? NO'S' Y PUB C, STATE OF TEXAS
1 °�."'".�. KATHY E. WELLS t-
•
I r �,_ : Commission xpires : 5-23-97 .
t * ''b4 . Notary Public,State of Texas / Kathy E. Wells
��►ro�i��. Commission Expires 6-23-97 / Printed Name:
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on May 8, . • ,
•
19 95 by Roger P. Davis, Commissioner of
the Brazoria County Drainage District No. 4, State of Texas, on
behalf of said district . „ - . _ . - .. . ._ . , _
�'"r,� I STATE ` OF TEXAS
"' � KATHY E. WELLS NO.TA `�PUBL
''- Commission xpires
'na � Notary Public,State of Texas 1 •
'r�a+�`` Commission Expires 5-23-97 1r printed Name: Kathy E. Wells
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