R-2012-118-2012-08-13 RESOLUTION NQ. R2012-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING A GENERAL UTILITY EASEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain General Utility Easement attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby conveyed to T & R Realty
Investments, LLC.
PASSED, APPROVED, AND ADOPTED this 13th day of August, A.D., 2012.
TOM REID
MAYOR
ATTEST:
OA;
S ETARY `` ' '
1111,6 N'N'„`,`
APPROVED AS TO FORM:
(11-(----
DARRIN M. COKER
CITY ATTORNEY
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Vicinity Map - Pearland, TX
44f.''' '..:
IL11 ,46.4073
This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or
surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of
property boundaries.
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N LAMAR BLVD•BOX 4087•AUSTIN,TEXAS 78773-0001
512/424-2000 T FK.of
At 4 www.dps.texas.gov
9-W
STEVEN C.McCRAW COMMISSION
DIRECTOR A CYNTHIA LEON,CHAIR
DAVID G.BAKER ADA BROWN
CHERYL MacBRIDE JOHN STEEN
DEPUTY DIRECTORS CARIN MARCY BARTH
ALLAN B.POLUNSKY
April 10,2012
Ms. Andrea Broughton
City Engineer
City of Pearland
3519 Liberty Drive
Pearland, TX 77581-5416
RE: Request to use restricted deed lots for underground utilities
Dear Ms. Broughton:
We are in receipt of your March 12, 2012 letter requesting permission to use a vacant lot that was
acquired under the Hazard Mitigation Grant Program during Tropical Storm Allison disaster
FEMA-1379-DR.
Your request has been approved by the State and FEMA for the underground utilities to be placed
on this lot. As a reminder the lot is subject to the mandated land use restrictions for "open space"
uses and the deed contains those restrictions. Any changes or developments to the parcels must be
pre-approved by the State and FEMA.
Sincerely,
Qr ar
Mitigation Section Administrator
CC: Daniel Johnson,P.E., CFM; Daniel Scott Engineering, LLC
EQUAL OPPORTUNITY EMPLOYER
COURTESY•SERVICE•PROTECTION
Exhibit "A"
Resolution R2012-118
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL
OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
GENERAL UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
That, City of Pearland, of the County of Brazoria, Texas, (hereinafter referred to as
Grantor) whether one or more, for and in consideration of the sum of TEN DOLLARS
($10.00) and for other good and valuable consideration to Grantor paid by T & R Realty
Investments, LLC, a Texas Limited Liability Corporation, acting by and through Thomas
P. Alexander, Jr., its Manager, the receipt and sufficiency of which is hereby
acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the T &
R Realty Investments, LLC, a Texas Limited Liability Corporation, acting by and through
Thomas P. Alexander, Jr., its Manager (hereinafter referred to as Grantee), whose
mailing address is 2411 South Park Avenue, Pearland, Texas 77581, its successors
and assigns, an utility easement in along, upon and across property which is situated in
the County of Brazoria, Texas, described in the Metes and Bounds description labeled
Exhibit "A" and more particularly shown in Exhibit "B", which are attached hereto and
incorporated herein for any and all purposes.
The utility easement conveyed herein is for purposes including but not limited to
construction, reconstruction, maintenance, repair or removal of utilities on said premises
described in the Exhibit "A" together with the privilege of all times of the Grantee herein,
its agents, employees and representatives of ingress and egress to and from said
premises for the purpose of making any improvements, modifications or repairs which
the City deems necessary.
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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 mineral interests in and under
said easement, 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 permissible so long as all surface operations in connection therewith
are located at a point outside of the above described easement, and upon the condition
that none of such operations shall be conducted so near the surface of said easement
so as to interfere with the intended use thereof or in any way interfere with, jeopardize
or endanger the facilities of Grantee or create a hazard to the public users thereof; it
being intended, however, that nothing herein shall affect the rights of the City to take
and use without additional compensation any water, stone, earth, gravel, caliche, iron
ore, gravel or any other road building materials upon, in and under said land for the
construction and maintenance of said easement.
Subject to any laws to the contrary, Grantors shall have the right to fully use and enjoy
said easement for any purpose which shall not interfere with the rights herein granted to
Grantee. The lot is subject to the mandated land use restrictions for "open space" uses
and the deed contains those restrictions. Any changes or developments to the parcels
must be pre-approved by the State and FEMA.
TO HAVE AND HOLD perpetually, the above described 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 Grantee will at all times, after doing any work in connection with the construction,
reconstruction, repair or removal of said easement, endeavor to restore said premises
to the condition consistent with the use of the easement that is typical for the property,
considering the work undertaken by the Grantee, and that in the use of said rights and
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privileges herein granted to Grantee will not create a nuisance or do any act that will be
detrimental to said premises.
Executed this 13th day of August , 20 12
GRANTOR:
The City of Pearland, a political
Subdivision of the State of Texas
By: 41 iE
.- ,..
Name: BILL EISEN
Title: CITY MANAGER
Acknowledgement
THE STATE OF TEXAS §
§
COUNTY OF Brazoria §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Bill Ei sen , known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13th DAY OF
August , A.D., 20 12 n
NOTARY PUBLIC, STATE OF
�1A'i A ESGAUWTE RODWGUQ
NOTARY PUBLIC
STATE OF TEXAS Printed Name: Maria Escalante Rodriguez
,.,cmmiswn byres 02-02-2013
My Commission Expires:
February 2 , 2013
AFTER RECORDING RETURN TO:
Darrin M. Coker, City Attorney
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
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T & R Realty Investments, LLC W.D.0 Hall Survey
0.060 Acre Abstract No. 70
Proposed 16-foot Wide Utility Easement
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.060 of an acre tract in the W.U.C. Hall Survey,
Abstract No 70 in the City of Pearland. Brazoria County, Texas. Said 0.060 of an acre tract is a
part of Lot 4, Block 1 of Regal Oaks Estates as recorded in Volume 9, Pages 69-70 in the
Brazona County Plat Records and is more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2-inch iron rod found at the point of intersection of the northerly right-of-
way line of East Broadway, a.k.a. F M 518, (based on a width of 100-feet) with the westerly
right-of-way line of Regal Oaks Lane, (based on a width of 60-feet):
THENCE, North 41'03'23" East, along the westerly line of said Regal Oaks Lane. at a distance
of 1,299.80 feet pass the southeasterly corner of the aforementioned Lot 4 and continue for a
total distance of 1,323.80 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING and
southeasterly corner of the herein described tract:
THENCE. North 48"56'37" West 10-feet northerly of and parallel to the southerly line of said Lot
4 for a distance of 163.00 feet to a 5/8-inch iron rod set for the southwesterly corner of the
herein described tract, said point is in the common line of the aforementioned Regal Oaks
Estates and a 36.685 acre tract described in a deed to T & R Realty Investments, LLC as
recorded in Clerk's File No. 2011028636 in the County Clerk's Office:
THENCE. North 41°03'23" East, along said common line for a distance of 16 00 feet to a 5/8-
inch iron rod set for the northwesterly corner of the herein described tract:
THENCE. South 48'56'37" East. 40-feet northerly of and parallel to the southerly line of Lot 4 of
said Regal Oaks Estates for a distance of 163.00 feet to a 5/8-inch iron rod set in the
aforementioned westerly right-of-way line of Regal Oaks Lane, said point is the northeasterly
corner of the herein described tract,
THENCE South 41'03'23'West, along the west line of Regal Oaks Lane for a distance of 16.00
feet to the POINT OF BEGINNING, containing a computed area of 0.060 of an acre (2,608
square feet).
NOTE:
1. The bearings shown hereon are based on the Texas State Plane Coordinate
System. South Central Zone (NAD 83).
2 All set rods were marked with a survey cap stamped "Wilson Survey Group
3 A separate survey plat has epared in connection with this metes and bounds
description. OF
The Wilson Survey Group. Inc. 'k
2006 East Broady, Suite 10 �¢ �4 i T A�. p iI�w�C J �J------
Pearland. Texas 77581 d`• O: Michael D Wilson, R.P.L.S.
(281) 485-3991 MICHAEL D. WILSON Registration No 4821
Job No 11-157
2 f 20/2
N.: l0(° 4821 P
CENTERLINE OF CLEAR CREEK AS -'��
SURVEYED ON FEBRUARY 19, 2010 ���
\ _
/FUTURE 325' ��
DRAINAGE i
RIGHT-OF-WAY /
�,- 762 5.
SCALE: I"=300' —_'vim. /�•
I. /
/ LOT 1
1
LOT 2 PROPOSED
UTILITY EASEMENT
i�T---�N 41'03'23" E +�T 3
0.060 ACRE
16.00' 1 (2.608 SQ. FT.)
-' 1
EAST UNE OF THE CLEAR /� SEE ' ' C1 • .
CREEK OXBOW DRAINAGE // DETAIL 24' .T y S 41'03'23' W
RIGHT-OF-WAY / 1. 16.00'
(SEE NOTE 2) , LOT 6 co POINT OF
• BEGINNING
t i\---PROPOSED LOT 7 •A,BOUNDARY •
O
I
OF ALEXANDER LOT 5 IOPT •
50' EAST OF ESTATES \ P\, 'C b
HIGH BANK : C co CI '
LOTS 41
I
Sc R REALTY INVESTMENT, LLC- LOT 10 ,p\-' PROPOSED
/I CLERK'S FILE NO. 2011028636 co* UTiLiTY EASEMENT
B.C.C.O. Aco - 0.060 ACRE
,J-�, ;' LOT 11 o / + (2,608 SQ. FT.)
V N
•`, \ �^� A �� i' LOT 4 S 41'03'23" W
N..... .,- \ LOT 12 C., / j 16.00'
Ct-
\O• 2 1
LOT 13a i
�, G '`N N 41'03'23' E _ h�
P '1
G• LOT 14 Q % 16.00' LO UNE OF /S
\ /
`"'�� FND. 1" i.P. _ `\ LOT 5 BEGINNING ' Yo
� x BEARS S 66'50'59" E LOT 15 .%
5.99' 0Ir0;
L -.Ito
�
EAST BROADWAY (F.M. 518)(too' R.o.w.) SCALE: 1"=100' 'v-
N 66'50'59" W-
171.30' POINT OF COMMENCING ct
LINE TABLE FND. 1/2" I.R.
LINE BEARING DISTANCE
L1 N 48'56'37" W 163.00'
L2 S 48'56'37" E 163.00'
Mt
t C.L.M. CAD FLE: 11-157(16-UE).d.Q I SCALE: 1'=300'
1. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS THE WILSON SURVEY GROUP "07502;2
COORDINATE SYSTEM OF 1983. SOUTH CENTRAL ZONE.
NN PROFESSIONAL LAND SURVEYORS 5 T
2. ALL CORERS OF THIS TRACT HAVE BEEN MONUMENTED 2006 E BROADWAY PEARLAND, TEXAS
ON THE GROUND MATH 5/5-INCH IRON ROOS KITH CAPS
STAMPED 'wLSON SURVEY GROUP'.
T do R REALTY INVESTMENTS, LLC °F
COPYRIGHT 2012. THE MALSON SURVEY CROUP, INC
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL
OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
WATER AND SEWER UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
That, City of Pearland, of the County of Brazoria, Texas, (hereinafter referred to as
Grantor) whether one or more, for and in consideration of the sum of TEN DOLLARS
($10.00) and for other good and valuable consideration to Grantor paid by T & R Realty
Investments, LLC, a Texas Limited Liability Corporation, acting by and through Thomas
P. Alexander, Jr., its Manager, the receipt and sufficiency of which is hereby
acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the T &
R Realty Investments, LLC, a Texas Limited Liability Corporation, acting by and through
Thomas P. Alexander, Jr., its Manager (hereinafter referred to as Grantee), whose
mailing address is 2411 South Park Avenue, Pearland, Texas 77581, its successors
and assigns, a water and sewer easement in along, upon and across property which is
situated in the County of Brazoria, Texas, described in the Metes and Bounds
description labeled Exhibit "A" and more particularly shown in Exhibit "B", which are
attached hereto and incorporated herein for any and all purposes.
The water and sewer easement conveyed herein is for purposes including but not
limited to construction, reconstruction, maintenance, repair or removal of water and
sewer utilities on said premises described in Exhibits together with the privilege of all
times of the Grantee herein, its agents, employees and representatives of ingress and
egress to and from said premises for the purpose of making any improvements,
modifications or repairs which deems necessary.
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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 mineral interests in and under
said easement, 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 permissible so long as all surface operations in connection therewith
are located at a point outside of the above described easement, and upon the condition
that none of such operations shall be conducted so near the surface of said easement
so as to interfere with the intended use thereof or in any way interfere with, jeopardize
or endanger the facilities of Grantee or create a hazard to the public users thereof; it
being intended, however, that nothing herein shall affect the rights of the City to take
and use without additional compensation any water, stone, earth, gravel, caliche, iron
ore, gravel or any other road building materials upon, in and under said land for the
construction and maintenance of said easement.
Subject to any laws to the contrary, Grantors shall have the right to fully use and enjoy
said easement for any purpose which shall not interfere with the rights herein granted to
Grantee. The lot is subject to the mandated land use restrictions for "open space" uses
and the deed contains those restrictions. Any changes or developments to the parcels
must be pre-approved by the State and FEMA.
TO HAVE AND HOLD perpetually, the above described water and sewer 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 Grantee will at all times, after doing any work in connection with
the construction, reconstruction, repair or removal of said easement, endeavor to
restore said premises to the condition consistent with the use of the easement that is
typical for the property, considering the work undertaken by the Grantee, and that in the
Page 2 of 3
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.
Executed this 13th day of August , 20 12
GRANTOR:
The City of Pearland, a political
Subdivision of the
State of Texas
By:
./1 `
Name: Bill Eisen
Title: City Manager
Acknowledgement
THE STATE OF TEXAS §
COUNTY OF Brazoria §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Bill Eisen , known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13th DAY OF
August , A.D., 20 12
NOTARY PUBLIC, STATE OF TEXAS
Printed Name: Maria Escalante Rodriguez
My Commission Expires: February 2 , 2013
AFTER RECORDING RETURN TO:
Darrin M. Coker, City Attorney
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Page 3 of 3
T & R Realty Investments, LLC W.D.C. Hall Survey
0.052 Acre Abstract No. 70
Proposed 14-foot Wide Water & Sewer Easement
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.052 of an acre tract in the W.D.0 Hall Survey,
Abstract No. 70 in the City of Pearland. Brazoria County, Texas. Said 0.052 of an acre tract is a
part of Lot 4, Block 1 of Regal Oaks Estates as recorded in Volume 9. Pages 69-70 in the
Brazoria County Plat Records and is more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2-inch iron rod found at the point of intersection of the northerly right-of-
way line of East Broadway, a.k.a. F.M. 518. (based on a width of 100-feet) with the westerly
right-of-way line of Regal Oaks Lane, (based on a width of 60-feet);
THENCE, North 41'03'23" East, along the westerly line of said Regal Oaks Lane, at a distance
of 1,299.80 feet pass the southeasterly corner of the aforementioned Lot 4. and continue for a
total distance of 1,309.80 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING and
southeasterly corner of the herein described tract
THENCE, North 48'56'37" West, 10-feet northerly of and parallel to the southerly line of said Lot
4 for a distance of 163.00 feet to a 5/8-inch iron rod set for the southwesterly corner of the
herein described tract, said point is in the common line of the aforementioned Regal Oaks
Estates and a 36.685 acre tract described in a deed to T & R Realty Investments. LLC as
recorded in Clerk's File No 2011028636 in the County Clerk's Office;
THENCE, North 41'03'23" East, along said common line for a distance of 14.00 feet to a 5/8-
inch iron rod set for the northwesterly corner of the herein described tract;
THENCE. South 48°56'37" East, 24-feet northerly of and parallel to the southerly line of Lot 4 of
said Regal Oaks Estates for a distance of 163.00 feet to a 5/8-inch iron rod set in the
aforementioned westerly right-of-way line of Regal Oaks Lane, said point is the northeasterly
corner of the herein described tract
THENCE, South 41°03'23" West, along the west line of Regal Oaks Lane for a distance of 14.00
feet to the POINT OF BEGINNING. containing a computed area of 0.052 of an acre (2,282
square feet)
NOTE:
1. The bearings shown hereon are based on the Texas State Plane Coordinate
System, South Central Zone (NAD 83).
2. All set rods were marked with a survey cap stamped "Wilson Survey Group".
3. A separate survey plat has •:- -red in connection with this metes and bounds
description ,�." OF �� r
The Wilson Survey Group, Inc. /1./.bt4. 4. \
lettr4C)
2006 East Broadway, Suite
p �J
Pearland, Te
xas 77581 Michael D. Wilson, R.P.L.S.
(281) 485-3991 1 MICHAEL D. WILSON :) Registration No 4821
Job No. 11-157 -s "�
P .0 4821 ; , DC�/2 Lo/12
CENTERLINE OF CLEAR CREEK AS .----
r------'..
SURVEYED ON FEBRUARY 19, 2010 '
FUTURE 325' //
DRAINAGE / \ .
RIGHT-OF-WAY /
- T62.5,
SCALE: 1"=300' -`_ /�
/
/ LOT 1
LOT 2 PROPOSED
WATER & SEWER
EASEMENT
i T___-N 41'03'23" E 3 0.052 ACRE
�� 14.00
/�— I(�'� 2,282 SQ. FT.)
EAST LINE OF THE CLEAR / SEE
CREEK OXBOW DRAINAGE /' DETAIL toT S. 1 S 41'03'23" W
RIGHT-OF-WAY / A 14.00'
(SEE NOTE 2) LOT 6 co POINT OF
BEGINNING
r PROPOSED LOT 7
BOUNDARY 4� 1`)
( i OF ALEXANDER LOT 6 pP� �'
ESTATES '• \, �� �o
1---- 50' EAST OF VP.<P c)•
/ HIGH BANK 0` <-<c, QV Q�
LOT 9 w °)'��' PROPOSED
11 & R REALTY INVESTMENT, LLC Lor ,o JOB" WATER & SEWER
/ CLERK'S FILE NO. 2011028636 �3` ,,--- EASEMENT
B.C.C.O. o 0.052 ACRE
/J!•�, LOT 11 0.- f (2,282 SQ. FT.)
mac, O , ,
/ \ N
`_ V A LOT 12 �� / LOT 4 S 41'03'23"�W
JQ. r W9t CZ 14.00'
_ 0• a I
LOT 13 •� 1 10' I.l
�' G� h N 41'03'23" E
'ry LOT UNE
P "� �\14.00'
G LOT 14 A • POINT OF �`
M \'. LOT 5 ' 0
0 FND. 1" I.P. 2 •
•� BEGINNING Leo
' N BEARS ,S 66'50'59" E LOT 15 O.
5'99 DETAIL --.1 co
EAST BROADWAY (F.M. 518)(100' R.O.W.) SCALE: i"=Woo' v
N 66'S0'59"vW'� Ct
171.30' POINT OF COMMENCING
LINE TABLE FND. 1/2" ..R.
LINE BEARING DISTANCE
L1 N 48'56'37" W 163.00'
L2 S 48'56'37" E 163.00'
DM:C.LH. CAD FlE: 11-157(14—WSE).drg SCALE: 1-=300'
NOTES
ORIGINAL PLOT
1. BEARINGS SHOW/ HEREON ARE BASED ON THE TEXAS THE WILSON SURVEY GROUP DAT C7/02/12
COORDINATE SYSTD/ OF 1963. SOUTH CENTRAL ZONE. PROFESSIONAL LAND SURVEYORS
WSHEET
2. ALL CORNERS OF THIS TRACT HAVE BE d MONUMENTED 2006 E. BROADWAY PEARLAND, TEXAS GROUND
ON THE WITH 5/6—INCH RCN RODS WITH CAPS
STAMPED 'WILSON SURVEY GROUP'.
T & R REALTY INVESTMENTS, LLC °�
COPYRIGHT 2012. r-E WLSON SURVEY GROUP, INC