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R-2014-108 2014-09-25 RESOLUTION NO. R2014-108 A Resolution of the City Council of the City Of Pearland, Texas, authorizing the sale of undeveloped property abutting the Sam Houston Toll Way (between south Wayside Drive and Mykawa Road) to the Harris County Toll Road authority in the amount of $1,371,356.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Warranty Deed and Access Easement attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes are hereby conveyed to the Harris County Toll Road authority in the amount of $1,371,356.00. PASSED, APPROVED, AND ADOPTED this 25TH day of August A.D., 2014. c=- ay�7 y �t cQ TOM REID MAYOR ATTEST: / YIUNG LV- G, T'MC • �`._ /\ :�� Y SEGETARY '''''ill, APPROVED AS TO FORM: __(2 :c1.7.L._- DARRIN M. COKER CITY ATTORNEY Re Resolution No. R2014-108 Exhibit "A" Tract A1001 and A100K, Sam Houston Tollway SE WARRANTY DEED THE STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That, City of Pearland„ hereinafter known as Grantor, whether one or more, for and in consideration of the sum of ONE MILLION THREE HUNDRED SIXTY THOUSAND FIVE HUNDRED EIGHTY FIVE NO/100 DOLLARS ($1,360,585.00), to Grantor in hand paid by the County of Harris, receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said County of Harris, a body corporate and politic under the laws of the State of Texas,all of the following described real property in the County of Harris,State of Texas,to-wit: 8.424 acres of land, collectively as two tracts situated in the W. J. Lovett Survey, Abstract No. 526, Harris County, Texas, being more particularly described in Exhibit "A" and "B" attached hereto and made a part hereof for descriptive purposes(the"land"). TO HAVE AND TO HOLD the above described land, together with all and singular the rights and appurtenances thereto in any wise belonging,unto the said County of Harris, its successors or assigns forever; save and except the following reservations and provisions: This conveyance is subject to all easements, restrictions and reservations of record in the County Clerk's Official Public Records of Real Property of Harris County, which affect the property herein conveyed, to the extent they are valid and subsisting and are enforceable against a political subdivision of the State of Texas. And the said Grantor does hereby bind itself,its successors and assigns to warrant and forever defend all and singular the said land unto the said County of Harris, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. EXECUTED this 25th day of August ,2014. City of Pearla ii BY: Clay P: arson, City Manager ,ry Print or type name and title ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 4 2014,by L. A i'. of City of Pearland,on behalf of id city, / ": r�"rs "`"°'"a°.�°.� •w :.V�.. Nota y Public signature ,okY 4 MARIA E.RODRIGUEZ Notary Public,State of Texas Zi ," My Commission Expires: 02/26/2017 January 2014 Parcel No.A100J Page 1 of 3 Pages EXHIBIT"A" PROPERTY DESCRIPTION FOR PARCEL NO. A100J Being a 3.729 acre (162,427 square feet)parcel of land, situated in the W. J. Lovett Survey, A- 526,Harris County,Texas,being out of lot 296 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records and being out of that certain called 146.13-acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485 and being more particularly described as follows with all bearings and coordinates being based on the State Plane Coordinate System,Texas South Central Zone,4204, NAD 83 (1993 adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: COMMENCING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC (formerly Houston Lighting & Power Company)as recorded in Volume 2593,Page 22 of the Harris County Deed Records, also being in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide R.O.W.)as recorded in Volume 2,Page 57 of the Harris County Map Records; North 88°27'16"East, a distance of 70.00 feet,with the south line of said residue of 19.559-acre tract and with the north line of said 146.13-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX" set for the northwest corner and POINT OF BEGINNING of the herein described tract, said point having a surface coordinate of N=13,785,666.13 E=3,138,913.99; 1) THENCE North 88°27'16" East, a distance of 734.00 feet, with the south line of said residue of 19.559-acre tract and with the north line of said 146.13-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for the northeast corner of the herein described tract; 2) THENCE South 02'20'10"East, a distance of 232.80 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for the southeast corner of the herein described tract; 3) THENCE North 77°57'36"West,a distance of 21.01 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for an angle point of the herein described tract; 4) THENCE North 83°49'42"West,a distance of 104.10 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Fng.Houston,TX"set for an angle point of the herein described tract; January,2014 Parcel No.A100J Page 2 of 3 Pages 5) THENCE North 83°53'38"West,a distance of 116.72 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,DC'set for an angle point of the herein described tract; 6) THENCE South 83°00'16"West,a distance of 129.51 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for an angle point of the herein described tract; 7) THENCE South 73°27'19"West,a distance of 113.36 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for an angle point of the herein described tract; 8) THENCE South 71°01'00"West,a distance of 100.74 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for an angle point of the herein described tract; 9) THENCE South 73°26'55"West,a distance of 94.13 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,DC'set for an angle point of the herein described tract; 10)THENCE South 75°59'14" West, a distance of 29.02 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for the southwest corner of the herein described tract; 11)THENCE North 02°20'10" West, a distance of 270.81 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for the southwest corner of the herein described tract; 12)THENCE South 88°27'16" West, a distance of 40.00 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX" set for a west corner of the herein described tract; January,2014 Parcel No. A100J Page 3 of 3 Pages 13)THENCE North 02°20'10"West,a distance of 30.00 feet,over and across said 146.13- acre tract,to the POINT OF BEGINNING and containing 3.729 acres(162,427 square feet)of land. See Exhibit"C"for parcel plat of herein described tract. Compiled by: Weisser Engineering Company 19500 Park Row,Suite 100 ' �OF Houston,Texas 770841,\ TBPLS Reg.No. 100518-00 "' • 4 ,zt TBPE Reg.No.F-68 / \ Job No.:GC722 'O +!p Date:06/14/2014 Suc `‘ — uu- X a- ,..—z.■1111111110.-2 2 i-I.-- ,Y. -4 5",..g ;'-.1„: 4- ;ii_iii; 5 g ;is ixlig ! iii :: 1 igg ' ill I ' x'ko I - p..te Fp, Fu )- glzi 11 iiiii gig - "' g J lillli VA 11 3 $ NO $ ttkiif b' !+ n 1 g b g;i "� �i 18 ig g r ,a do "7 ,! J a2 v g 1,',Si.0 �i k-YO;›, 7v2 ,,,4; �� JJ qq f•�:F N a1 cf 6�UC3tJ ~P STATE or TEXAS g_ q6 aik WTS: 1�b OY YY oO PNN CRA41AOC9.Ee S" < ®y. C 'A Oii •-00 HD CF NO ROOiS22 _� D1 0 ,,;-:-"..04..... QP.�a l 1R Nom 5 ;1 PJ ° .ao$ a .'s m- ? ss i J NN CiOCK 6-;;i ..• nz 1 tin O .nm J.A 5 02.20'10"E-222.80' , / $$$$ !g S FO a /i f i i 1'2:5igg n 6 N 1 r W W;; Y.TN .+ noggp 5 p NNNN 3 /1V zNNz OWN J1 is C i d li "g f 3 i n 3' �i n NEV n n* � U W dMj v } 1_ m w gi• a> m x 3 x 3 z i W mo d s Y 0 y --N i W s \\\\ Will na 0 N.. ii aDl ,, N ill 'Cic N 02'2010' w-270.81' 0 J` '/ ■ A. 4 2 [vier., . MICA. FM rAr sot 41,41 E1 RO.W VOL 2.PC 57.0.0.) VOL la)co ';' `i q� 4317C Wr � g4 ; i olp G A N n u May,2013 7)(h a b j - Parcel No. A 100K t_>} Page 1 of 2 Pages PROPERTY DESCRIPTION FOR PARCEL NO.A100K Being a 4.695 acre (204,505 square feet)parcel of land, situated in the J. Lovett Survey, A-526, Harris County, Texas, being out of lot 292 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records and being out of that certain called 146.13-acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485 and being more particularly described as follows with all bearings and coordinates being based on the Texas Coordinate System, South Central Zone, NAD 83 (1993 Adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: COMMENCING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC (formerly Houston Lighting & Power Company) as recorded in Volume 2593,Page 22 of the Harris County Deed Records, also being in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide R.O.W.)as recorded in Volume 2,Page 57 of the Harris County Map Records; North 88°27'16" East, a distance of 5,536.96 feet, with the south line of said residue of 19.559- acre tract and with the north line of said 146.13-acre tract to a 5/8"iron rod found for a northwest corner of that certain called 4.698-acre Drainage Easement conveyed to The State Of Texas, recorded under Harris County Clerk's File No.R004522; South 03°02'44" East, a distance of 332.02 feet, with the westerly line of said 4.698-acre Drainage Easement and over and across said 146.13-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX" set for the northeast corner and POINT OF BEGINNING of the herein described tract, said point having a Texas State Plane surface Coordinate of N=13,785,482.03 E=3,144,396.60; 1) THENCE South 03°02'44" East,a distance of 451.44 feet, with said 4.698-acre Drainage Easement and over and across said 146.13-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the southeast corner of the herein described tract; 2) THENCE South 88°15'47"West, a distance of 460.18 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the southwest corner of the herein described tract; 3) THENCE North 03°02'44"West,a distance of 437.60 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the northwest corner of the herein described tract; May,2013 Parcel No.A100K Page 2 of 2 Pages 4) THENCE, North 86°32'25" East, a distance of 460.07 feet, over and across said 146.13- acre tract to the POINT OF BEGINNING and containing 4.695 acres (204,505 square feet)of land. Compiled by: Weisser Engineering Company 19500 Park Row,Suite 100 Houston,Texas 77084 :Y liVra Job No.: GC722 ' , * a '\ Date:05/28/2013 V14,°Peleita :I.- :;:1,- $ m ca i 41 N n .11 Ii % : E! g 1! !pb 11:fin R .E,„ 6 i: cc m C0 :." `="- ""- :- lb g="3 :- '!D* - i VI Z .., 4,..0 a 79'.. : 4' 44''4 NN yy m u. _: -14 n R Y,:d P...+9�� v� Vii ■ v `0 ,,\ _ _\ SoA1 •698 ACRES 1 C F MOP? C22 0 RFP.M C '-.\ „ S 03'0'144'£-451.44, _ S 03'02'.4.4L E-352 02' __ r iu /jF r. 64., _ I tif= X dE ' If; 0,.46 hh >51SRz cow F - > to 1., ii,o W ti 3> rq «a 1;P Y �U h Yo b1' g �b ; d �t� 3 ,.s.,o 4 u u 2 #e moo dx itV pia itt n 6 a a gY.o � i N N •/ W b h N tO g = 4 N 03'02'44"W-437.60' i --- -g ! e S4 G \\\\e'''4$li � u aCfW MORE STREET(AAA SOWN WAS=DIM (30.R.0 M. VES.2.PG 57.M.GUA. T Resolution No. R2014-108 ACCESS EASEMENT AGREEMENT Date: August- 25, 2014 Grantor: City of Pearland Grantor's Mailing Address (including county): 3519 Liberty Drive Pearland,TX 77581 Grantee: County of Harris Grantee's Mailing Address (including county): 10555 Northwest Freeway,Suite 210 Houston,TX 77092 Dominant Estate Property (including any improvements): 4.695 acres of land out of the W.J. Lovett Survey, Abstract No. 526 in Harris County, Texas, described in Exhibit "A" attached hereto and made a part hereof, more particularly described above as the Dominate Estate property Easement Property: 2.607 acre tract of land located in the W.J. Lovett Survey, Abstract 526 in Harris County, Texas; described in Exhibit A attached hereto and made a part hereof for descriptive purposes. Easement Purpose: For providing free and un-restricted pedestrian and vehicular ingress and egress with unlimited access to and from the Dominant Estate Property, and portions thereof, to and from Sam Houston Parkway. Consideration: $1,846.00 Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property, all visible and apparent easements on or across the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee an easement over,upon and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate property, and any portions thereof, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's successors, or assigns forever. Grantor binds Grantor and Grantor's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. The easement granted is appurtenant to and shall run with, the Dominant Estate Property, and any portions thereof, whether or not such easement is referenced in any conveyance of the Dominant Easement Property, and/or any portion thereof. Vehicle access will be limited to Harris County for access to its' building easement. 2. Duration of Easement. The easement shall be perpetual 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. 4. Secondary Easement. In addition, the Grantee shall have the right to use so much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and maintain a road reasonably suited for the Easement Purpose. However,the Grantee shall promptly restore any such adjacent property to its previous physical condition if changed by utilization of the rights granted by this secondary easement. 5. Rights Reserved. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. Grantor may improve Easement Property with pavement, etc., cross with drainage and culverts, and other utilities necessary to connect Grantor's divided property. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns where permitted by this Agreement. 7. Choice of Law. This Agreement shall be subject to and governed by the laws of the State of Texas, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of this Agreement to the laws of another state. Each party hereby submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in the county or counties in which the Easement Property is situated. 8. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same instrument. 9. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 10. Integration. This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 11. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be invalid, illegal or unenforceable in any respect, to the extent such invalidity or unenforceability does not destroy the basis of the bargain among the parties, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Whenever required by the context as used in this Agreement, the singular number shall include the plural and neuter shall include the masculine or feminine gender, and vice versa. Article and Section headings appearing in this Agreement are for convenient reference only and are not intended, to any extent or for any purpose, to restrict or define the text of any Article or Section. This Agreement shall not be construed more or less favorably between the parties by reason of authorship or origin of language. GRANTOR: City of Pear By: At // / r Clay "e.r •n • u . iager Print n:me and title THE STATE OF TEXAS § § COUNTY OF HARRIS § This Instrument was acknowledged before on a _ , 2014, by -.1.111116111 . ' r of City of Pearland, on behalf of said c, ■. /' , I, M4 . A.. 14. lei A.aa d iw.�,..0.. i.m.d.a:.n.a ota Public signature ali =a '; , MARIA E.RODRIGUEZ g a . ; Notary Public,State of Texas k \4 ' My Commission Expires: 02/M2017 ,. May,2013 �� y Parcel No. A100K rX Page 1 of 2 Pages PROPERTY DESCRIPTION FOR PARCEL NO. A100K Being a 4.695 acre (204,505 square feet) parcel of land, situated in the J. Lovett Survey, A-526, Harris County, Texas, being out of lot 292 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records and being out of that certain called 146.13-acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485 and being more particularly described as follows with all bearings and coordinates being based on the Texas Coordinate System, South Central Zone, NAD 83 (1993 Adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: COMMENCING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC (formerly Houston Lighting & Power Company) as recorded in Volume 2593,Page 22 of the Harris County Deed Records, also being in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide R.O.W.)as recorded in Volume 2,Page 57 of the Harris County Map Records; North 88°27'16" East, a distance of 5,536.96 feet, with the south line of said residue of 19.559- acre tract and with the north line of said 146.13-acre tract to a 5/8"iron rod found for a northwest corner of that certain called 4.698-acre Drainage Easement conveyed to The State Of Texas, recorded under Harris County Clerk's File No. R004522; South 03°02'44" East, a distance of 332.02 feet, with the westerly line of said 4.698-acre Drainage Easement and over and across said 146.13-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX" set for the northeast corner and POINT OF BEGINNING of the herein described tract, said point having a Texas State Plane surface Coordinate of N=13,785,482.03 E=3,144,396.60; 1) THENCE South 03°02'44"East,a distance of 451.44 feet, with said 4.698-acre Drainage Easement and over and across said 146.13-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX"set for the southeast corner of the herein described tract; 2) THENCE South 88°15'47"West, a distance of 460.18 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the southwest corner of the herein described tract; 3) THENCE North 03°02'44"West,a distance of 437.60 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the northwest corner of the herein described tract; May,2013 Parcel No.A1 00K Page 2 of 2 Pages 4) THENCE, North 86°32'25" East, a distance of 460.07 feet, over and across said 146.13- acre tract to the POINT OF BEGINNING and containing 4.695 acres (204,505 square feet)of land. Compiled by: Weisser Engineering Company 19500 Park Row, Suite 100 Houston,Texas 77084 Job No.: GC722 \ Date: 05/28/2013 7:16-1-11-77% 49 50 r 9iO°�'ES SO 4 �sua. WV g 5 i' gei Si Y g i i1z P !isle IJI$� `�. �l. !1f} 2 ..I 4,/{1 R: ?i•*r, 4 • 1 /g,, b 0 a (•L"A Jr O N.x�` Yiio YiY o q �:N CV N=j n� Si2i1 L.3 1 RI 1 ii CA 16 ■ STATE 1m E•AS u 0RA�� ISCKT Cr.RRPM•C2.. S 03'02 44' E-431 4 , ku S 03•004_E-332.04'7__ 4 4'-7.,i u N ..; C. • VO1 i Si I n ' 'd''_gb 'l _in 8� a ,<� 1° Og �; 3 �°d ! JI Y ? N 1 m° liVC 4z r.m In z N N / W h N O W 2 N 03'02'44"W-437.80' : '3 3 4 T...\\_Th\t, M 4 bli � �xa -,' NS Qd ai al vg 1 NOW JSpfM IA.KASGUM%%YU*DOM 150'RA.M.1 Va..LPG 17.N.Gl1A. / 1 June,2014 Parcel No. Al OOK Access Easement Exhibit Page 1 of 2 Pages PROPERTY DESCRIPTION FOR PARCEL NO. Al 00K ACCESS EASEMENT Being a 2.607 acre (113,566 square feet) parcel of land, situated in the W. J. Lovett Survey, A- 526, Harris County, Texas, being out of lot 292 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records, being out of that certain called 146.13- acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485, being out of that certain called 4.898-acre tract of land (easement) conveyed to The State Of Texas, recorded under Harris County Clerk's File No. R004522 and being more particularly described as follows with all bearings and coordinates being based on the Texas Coordinate System, South Central Zone, NAD 83 (1993 Adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: COMMENCING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC (formerly Houston Lighting & Power Company) as recorded in Volume 2593, Page 22 of the Harris County Deed Records, also being the northwest corner of said 146.13-acre tract and in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide R.O.W.) as recorded in Volume 2, Page 57 of the Harris County Map Records; North 88°27'16"East, a distance of 5,536.96 feet, with the south line of said residue of 19.559- acre tract and with the north line of said 146.13-acre tract to a 5/8" iron rod found for the northwest corner and POINT OF BEGINNING of the herein described tract, said point having a surface coordinate of N=13,785,813.58 E=3,144,378.96; 1) THENCE North 88°27'16"East,a distance of 145.05 feet, with the south line of the residue of said of 19.559-acre tract, with the north line of said 146.13-acre tract and with a north line of said 4.898-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for the northeast corner of said 146.13-acre tract,the southeast corner of the residue of said 19.559-acre tract,an interior corner of said 4.898-acre tract, in the west line of that certain called 12.40-acre tract of land(Tract 4)conveyed to Richard C. Gasaway as recorded under Harris County Clerk's File No. S646019 and for the northeast corner of the herein described tract; 2) THENCE South 03°02'44" Fast, a distance of 782.97 feet, with the east line of said 146.13-acre tract, with the east line of said 4.898-acre tract and with the west line of said 12.40-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX" set for the southeast corner of the herein described tract; May,2013 Parcel No.A100K Page 2 of 2 Pages 3) THENCE South 88°15'47"West,a distance of 145.04 feet,over and across said 146.13- acre tract,over and across said 4.898-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston,TX"set for the southwest corner of the herein described tract; 4) THENCE North 03°02'44"West,a distance of 783.46 feet, over and across said 146.13- acre tract and with the west line of said 4.898-acre drainage easement to the POINT OF BEGINNING and containing 2.607 acres(113,566 square feet) of land. See Exhibit"B"for parcel plat of herein described tract. Compiled by: Weisser Engineering Company 19500 Park Row, Suite 100 ' OF Houston,Texas 77084 TBPLS Reg.No. 100518-00 !` "� ` �► TBPE Reg.No. F-68 Job No.:GC722 � *ON '�' •,/ Date:06/23/2014 'i• • . "; 1 *IP il i Os! N h "'Wig' li llL `§ d� a- gi* x bit W '4 yg °z 4 i� 53 INS ,%,-4 E''' E 7'tiyu'�' c4 `°r,, oO X �`:r�[ K N M:�.1 Y OsYs av^` u O.N 7^ ; Y'1 `...0!' UN�0 IX \�:; poi ♦ :2000 §. ,../r1 -' Pc'Sio' a01 goy,. �_ � mr» el u8g YFi & U r1R AWE',LIME S 03'02'44"E-782.97' 3 LS)'2 i 41 ITATE OF TEKAS ORI8148E[wREYEMT ((� Y.R�j tp 4.698 ACRES y-8 r CJ.MO*804122 p tI CD Z I 3X Si / Now 0744"w 783.46' J,,,.. 111.1 4 N G bni co, es i"x as it Ii 8) iu i 6 h C N W il No m I 40t+E STRUT 19,11.9.SWTh WAY=OR VP 15J R.DM.1 VO_.2.RG 57,11 Gm f Resolution No. R2014-108 TEMPORARY ACCESS EASEMENT Date: August 25, 2014 Grantor: City of Pearland Grantor's Mailing Address: 3519 Liberty Drive Pearland,TX 77581 Grantee: County of Harris,a body corporate and politic of the State of Texas Grantee's Mailing Address: 10555 Northwest Freeway,Suite 210 Houston, TX 77092 Dominant Estate Property (including any improvements): 3.729 acres of land out of the W. J. Lovett Survey, Abstract 526 in Harris County, Texas, described in Exhibit "A" attached hereto and made a part hereof, more particularly described above as the Dominate Estate property Easement Property: 0.048 acre tract of land located in the W.J. Lovett Survey, Abstract 526 Harris County, Texas; described in Exhibit "B" attached hereto and made a part hereof for descriptive purposes. Easement Purpose: For providing free and uninterrupted pedestrian and vehicular ingress and egress to and from the Dominant Estate Property, and portions thereof, to and from Sam Houston State Parkway Consideration: $8,925.00 Reservations from and Exceptions to Conveyance and Warranty: 1 Easements, rights of way and prescriptive rights, whether of record or not presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property, all visible and apparent easements on or across the Easement Property. Grantor, for the consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, and conveys to Grantee an easement over,upon and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate Property, and any portions thereof, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold the easement to Grantee and Grantee's successors, or assigns, forever. Grantor binds Grantor and Grantor's successors, and assigns to warrant and forever defend the title to the easement in Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the easement or any part thereof,except as to the Reservations from and Exceptions to Conveyance and Warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. The easement granted is appurtenant to and shall run with the Dominant Estate Property, or any portion thereof, whether or not such easement is referenced in any conveyance of the Dominant Easement Property, or any portion thereof. If, from time to time, or any time, all, or part, of the Dominant Estate Property is conveyed, assigned,or transferred to, or is otherwise vested in, one or more parties, as to any estate or interest therein, including, but not limited to that of a leasehold, license, or easement, then, in such case, the easement granted hereby shall inure to the benefit of, and may be used and enjoyed by, such party or parties, for the Easement Purpose, such easement being an appurtenance to the estate or interest owned by that party or parties, whether such interest or estate is owned as to all, or only part, of the Dominant Estate Property and whether that estate or interest be that of a fee simple, leasehold, license, or easement. The easement granted herein shall be used for the purpose recited in the "Easement Purpose," and for that purpose, only, except that in the case of the Grantee, and the Grantee, only, the term, "free and uninterrupted pedestrian and vehicular ingress and egress," as used in the Easement Purpose, 2. Duration of Easement. The easement shall be temporary and will expire upon completing construction and opening of Wayside Drive. 3. Rights Reserved. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do no interfere with or interrupt the use or enjoyment of the easement. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors and assigns. 2 5. Integration. This agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there no oral agreements, understandings, representations or warranties which are not expressly set forth herein. GRANTOR: City of Pe. . d �/ BY: A.6., /A I Cl ay Pearson, City Manager Print or type name THE STATE OF TEXAS § COUNTY OF HARRIS § This instru ent was acknowled ed before me on 2014 by of Ci of Pear and, on behalf of said ci �« r �et, rw.,:mY:sed .r i'-:'4., MARIA E.RODRIGUEZ �%� 1 •... . _ . t A L-A Notary Public,State of Texas ot. Public Signature 1 , ,.., My Commission Expires: :F 02/26/2017 3 January 2014 Parcel No.A100J Page 1 of 3 Pages EXHIBIT"A" PROPERTY DESCRIPTION FOR PARCEL NO.A100J Being a 3.729 acre (162,427 square feet)parcel of land, situated in the W. J. Lovett Survey, A- 526,Harris County,Texas,being out of lot 296 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records and being out of that certain called 146.13-acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485 and being more particularly described as follows with all bearings and coordinates being based on the State Plane Coordinate System,Texas South Central Zone,4204, NAD 83 (1993 adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: COMMENCING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC (formerly Houston Lighting & Power Company)as recorded in Volume 2593,Page 22 of the Harris County Deed Records,also being in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide RO.W.)as recorded in Volume 2,Page 57 of the Harris County Map Records; North 88°27'16"East, a distance of 70.00 feet,with the south line of said residue of 19.559-acre tract and with the north line of said 146.13-acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX" set for the northwest corner and POINT OF BEGINNING of the herein described tract, said point having a surface coordinate of N=13,785,666.13 E=3,138,913.99; 1) THENCE North 88°27'16" East, a distance of 734.00 feet, with the south line of said residue of 19.559-acre tract and with the north line of said 146.13-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for the northeast corner of the herein described tract; 2) THENCE South 02°20'10" East, a distance of 232.80 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for the southeast corner of the herein described tract; 3) THENCE North 77°57'36"West,a distance of 21.01 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for an angle point of the herein described tract; 4) THENCE North 83°49'42"West,a distance of 104.10 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for an angle point of the herein described tract; January,2014 Parcel No.A100J Page 2 of 3 Pages 5) THENCE North 83°53'38"West,a distance of 116.72 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for an angle point of the herein described tract; 6) THENCE South 83°00'16"West,a distance of 129.51 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for an angle point of the herein described tract; 7) THENCE South 73°27'19"West,a distance of 113.36 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for an angle point of the herein described tract; 8) THENCE South 71°01'00"West,a distance of 100.74 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston,TX"set for an angle point of the herein described tract; 9) THENCE South 73°26'55"West,a distance of 94.13 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for an angle point of the herein described tract; 10)THENCE South 75°59'14" West, a distance of 29.02 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the southwest corner of the herein described tract; 11)THENCE North 02°20'10" West, a distance of 270.81 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set for the southwest corner of the herein described tract; 12)THENCE South 88°27'16" West, a distance of 40.00 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX"set for a west corner of the herein described tract; January,2014 Parcel No. A100J Page 3 of 3 Pages 13)THENCE North 02°20'10"West,a distance of 30.00 feet,over and across said 146.13- acre tract,to the POINT OF BEGINNING and containing 3.729 acres(162,427 square feet)of land. See Exhibit"C"for parcel plat of herein described tract. Compiled by: Weisser Engineering Company 19500 Park Row,Suite 100 y 41,, `OF Houston,Texas 77084 :I TBPLS Reg.No. 100518-00 it \ TBPE Reg.No.F-68 \ v Job No.:GC722 . 6gOZ +a. e p ;i Date:06/14/2014 \ Q SURD-. 9 c,..,,,,`s N O j a do gle A "r1 73 tl'n'7 N'ZS 9d'Z 10n cal)tlASt \\\\ -74 UAW mum%M!vine AIMS 74014 + ---:- 'R'OY kr1111:1 r 5 u 03.0 Z-M A1,oz 40 N d^,,, {4� An Nw CC mN r °hill ... \ ?A r j6 4q ni. p"6 PIA 16;- ` R 1 A -.. z m a y am 1 f F i� m=X IS mm /iY Ti _ 4 - / 6 D 1_ .m i i------- 14,41. P� «GG-r "'fti cn Ai zto�nz no Pyg,g, � $2 Nm4Cho N ;' 84.. A "?a o.Nioy '^ aRRy I _ ,P. •SY� Y� ( m ru i .1 + 6J 8480F, a.. y �!7 y /1 ,_s. ogg ,OB'Zf L•3.,OtAL.LOS - V -, m tri p 4,a: 2 t v EN b '''M M EA O m AOC- °J s'RRRN® y 55mID O T o T b 0000 t F E x \NN 00Q /I ?Odd �f'•�+i y> ..{ U69 J3 > Qy N N= .t ~ 5�l0 31V 15 F o:. ..:�+ ll ilk "g ITV 2 it Li iii .„ $ ,� ammo 050 r ° p_ 411E 112,1 N i t trq E b Rs., rq rn - 3 tr, t'vvli§ gi ' ...filg v - tl ii /2 0 -< 4 ti; AAI;41 A , ( gtrA ! ; lE Fill N g , i ,e,, -E., — /A—L....E 1 L 4 , ......z.— June,2014 Parcel No. A100J 30' TEMPORARY ACCESS EASEMENT Page 1 of 2 Pages EXHIBIT"B" PROPERTY DESCRIPTION FOR 30' WIDE TEMPORARY ACCESS EASEMENT Being a 0.048 acre(2,100 square feet)parcel of land,situated in the W.J. Lovett Survey,A-526, Harris County, Texas, being out of lot 296 of the Minnetex Place Subdivision as recorded in Volume 2, Page 57 of the Harris County Map Records and being out of that certain called 146.13-acre tract of land conveyed to The City of Pearland as recorded under Harris County Clerk's File No. S661485 and being more particularly described as follows with all bearings and coordinates being based on the State Plane Coordinate System,Texas South Central Zone, 4204, NAD 83 (1993 adj.) and all distances and coordinates shown are surface and may be converted to grid by dividing by a combined adjustment factor of 1.00013: BEGINNING at a TxDOT brass disk, found for the southwest corner of Beltway 8 (R.O.W. Varies), also being the southwest corner of the residue of that certain called 19.559-acre tract of land conveyed to Centerpoint Energy Houston Electric, LLC. (formerly Houston Lighting & Power Company)as recorded in Volume 2593,Page 22 of the Harris County Deed Records,also being in the east right-of-way line of Howe Street (A.K.A. South Wayside Drive) (50' Wide RO.W.) as recorded in Volume 2, Page 57 of the Harris County Map Records and being the northwest corner and POINT OF BEGINNING of the herein described tract, said point having a Surface Coordinate of N=13,785,664.24 E=3,138,844.02; 1) THENCE North 88°27'16" East, a distance of 70.00 feet, with the south line of said residue of 19.559-acre tract and with the north line of said 146.13-acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng.Houston, TX"set for the northeast corner of the herein described tract; 2) THENCE South 02°20'10" East, a distance of 30.00 feet, over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston, TX"set for the southeast corner of the herein described tract; 3) THENCE South 88°27'16" West,a distance of 70.00 feet,over and across said 146.13- acre tract to a 5/8-inch iron rod with cap stamped"Weisser Eng. Houston,TX"set in the east right-of-way line of said Howe Street and for the southwest corner of the herein described tract; June,2014 Parcel No.A100J 30' TEMPORARY ACCESS EASEMENT Page 2 of 2 Pages 4) THENCE, North 02°20'10" West, a distance of 30.00 feet, with the west line of said 146.13-acre tract and with the east right-of-way line of said Howe Street to the POINT OF BEGINNING and containing 0.048 acre(2,100 square feet)of land. See Exhibit"C"for parcel plat of herein described tract. 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