R2001-0106 08-13-01 RESOLUTION NO. R2001-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING A QUITCLAIM DEED FROM PEARLAND
INDEPENDENT SCHOOL DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. That the City hereby accepts the attached Quitclaim Deed from
Peadand Independent School District.
Section 2. That the City Secretary is hereby authorized and directed to record
such Quitclaim Deed in the Real Estate Records of Brazoria County, Texas.
PASSED, APPROVED and ADOPTED this the 13 dayof August ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
c~UNG~N~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DEED
THE STATE OF TEXAS §
§ NOW ALL PERSONS BY THESE PRESENTS:
That, PE~AND ~DEPENDENT SCHOOL DIST~CT ("~amor"), for ~d in
consideration of the sum of Ten and No/100 Doll,s ($10.00) ~d other good and valuable
consideraf~on, the receipt and sufficiency of which is hereby acknowledged by ~antor, a~ing
herein pursuit to the resolution of the Board of Trustees of ~antor passed as of the 24th day of
July 2001, has G~ED, B~G~D, SOLD and CO~D and by these presents does
G~, B~G~, SELL and CO~Y unto the CI~ OF PEA~AND C~antee"), and
~antee's successors and assigns, a parcel of land located in Br~ofia County, Texas, together
with all fi~ures and improvements located thereon (the "Subject Property"), said land being
more pa~icul~ly described in E~ibit "A" a~ached hereto ~d inco~orated herein for all
pu~oses.
T~s conveyance is made by ~antor subje~ to, and ~antee assumes all obligations
under, all encumbrances, restrictions, easements, conditions, covenants ~d any and all matters
of record ~e~ing the Subject Prope~y, to the e~ent that the same are validly existing and affect
the Subject Prope~, and any visible or apparent encumbrances on the ground, applicable to and
enforceable against the Subject Prope~y. Fu~he~ore, this conveyance is made, and specifically
accepted by ~antee, subject ~ the Permitted Exceptions set fo~h in Exhibit "B" a~ached hereto
~d inco~orated herein for all pu~oses.
THE SUB,CT PROPERTY IS CON~YED "AS-IS", "W~-IS" AND WITH
ALL FAULTS AND G~NTOR ~S NO W~N~, EXP~SSED OR ~L~D,
WITH ~SPECT TO THE S~CT PROPERTY, THE AVA~AB~I~ OF
UT~IT~S, ACCESS TO PUBLIC ROADS OR ITS P~SIC~ AND
EN~ON~NTAL CONDI~ON. G~TEE ~S CONDUCTED ITS OWN
~EPE~ENT ~SPECTION OF THE PROPER~ AND ~S ELEC~D NOT TO
~LY ON A~ ~P~SENTATIONS WHICH ~Y ~ BEEN ~E BY
G~NTOR BUT ~R, AS A SIGN~ICANT PORTION OF T~
CONS~E~TION G~N TO G~NTOR FOR ~IS CON~YANCE, ~S AG~ED
TO BE SOLELY ~D EXCLUS~LY ~SPONS~LE FOR EVALUAT~G THE
CO~ITION OF THE PROPERS. NO WA~N~ OF ~RC~NTAB~ITY,
FITNESS FOR A PAR~CULAR PU~OSE, ~LS, WO~NS~ OR
APPL~NCES ~S BEEN ~DE OR IS EXP~SSED OR ~PL~D BY THIS
CON~YANCE. G~NTOR EXP~SSLY DISCLA~S A~ WA~N~ OF
~BIT~, GOOD AND WO~~ CONSTRUCTION, SUIT~,
OR DESIGN.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the
rights and appurtenances thereto and anywise belonging, unto Grantee, its successors and assigns
forever, subject to all matters of record and the matters herein stated.
EXECUTED this //~__ day of .~,~1,~' , 2001.
GRANTOR:
PEARLAND INDEPENDENT SCHOOL
DISTRICT
By:
Name: (~u~'ma ~--~ l:,x~
President of the Board of Trustees
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on ,~'t'~.,~t~/~/ , 2001 by
1~,~,~ ~,&~l,~ , President of the Board of Trustees of the Pearland Independent
School District, an independent school district organized under the laws of the State of Texas, on
behalf of said school district. ~~.
~ ~;?-}...~,~ BOBBLE R. DAWSON ~ Notary Public in and for
~ ~j~ Not ar y Pul31ic, St ate o.f T. ex..a,,a ~ The State nf T E ~A~.
~~ My Commission Expires:
GRANTEE'S ADDRESS:
c±t~y of PearZand
Darr±n ¢oker
3519 L±berty Dr±ye
Pea~land TX 77581
PLEASE RETURN DEED TO GRANTEE AFTER RECORDING
-2-
EXi:IIRIT
TO DEED
Approximately 1.12 acre tract of land in Block 7, Pearland Townsite, in Brazoria County;
known as Townsite Park and located between North Grand Boulevard and Park Avenue,
Pearland, Texas.
Beginning a the Southwest comer of Block No. 7 in the Pearland Townsite; thence East
along the South line of Block No. 7, to the Southeast comer of Block No. 7; thence No~th along
the East line of Block No. 7 to a stake a distance of 190 feet; thence West directly across Block
No. 7 to a stake in the West line of Block No. 7; thence South along the West line of Block No. 7
to the Southwest comer of said block being the place of beginning.
EXHIBIT "B"
TO DEED
PERMITTED EXCEPTIONS
Any and all restrictions which are required to be contained in any conveyance of real
property by any school district in the State of Texas pursuant to the Modified Order in United
States v. State of Texas et al.., C.A. 5281, including but not limited to the following:
The further covenant, consideration and condition is that the following
restrictions shall in all things be observed, followed and complied with:
(a) The above-described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of
learning, study or instruction which discriminates against any person
because of his race, color or national origin, regardless of whether such
discrimination be effected by design or otherwise.
(b) The above-described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of
learning, study or instruction which creates, maintains, reinforces,
renews or encourages, or which tends to create, maintain, reinforce,
renew or encourage, a dual school system.
These restrictions and conditions shall be binding upon Grantee, its successors and
assigns, for a period of fifty (50) years from the date hereof, and in case of a violation of either
or both of the above restrictions, the estate herein granted shall, without entry or suit,
immediately revert to and vest in the Grantor herein and its successors, this instrument shall be
null and void, and Grantor and its successors shall be entitled to immediate possession of such
premises and the improvements thereon; and no act or omission upon the part of Grantor herein
and its successors shall be a waiver of the operation or enforcement of such condition.
The restrictions set out in (a) above shall be construed to be for the benefit of any person
prejudiced by its violation. The restrictions specified in (b) above shall be construed to be for the
benefit of any public school district or any person prejudiced by its violation.
STATE OF TEXAS
COUNTY OF BRAZORIA
I, JOYCE HUDMAN, Clerk (3! the County Cou~t th end lot Brazofia
County, Tex~s do hereby certify tt~th this instrument was FILED
FOR RECORD and RECORDED in the OFFICIAL RECORD at the
C' 1 F' pr'~ ~ timeanddsteasstampedhereo~byme,
2Ot]l DEC 26 Pti 4:09