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R2002-0022 01-28-02RESOLUTION NO. R2002-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING EASEMENTS TO SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., FOR TELECOMMUNICATION FACILITIES, ACCESS TO TELECOMMUNICATION FACILITIES, AND AUTHORIZING A SUPPLEMENTAL AGREEMENT REGARDING THE CONSTRUCTION OF THE TELECOMMUNICATION FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain easements, a copy of which are attached hereto as Exhibits "A", "B" and "C", and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an agreement associated with the construction of telecommunication facilities attached hereto as Exhibit "D". PASSED, APPROVED and ADOPTED this January , A.D., 2002. MAYOR the 28 day of ATTEST: YO/~NG L(~~/-/// C~/~' S EC~TARY ~' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" F~2002-22 SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF PEARLAND, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, L. P., 14575 Presidio Square, Suite 230, Houston, Texas 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within a tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in BRAZORIA, County, Texas, (hereinafter referred to as the "Property") and described as follows: Being a tract of land containing 0.046 acre (2,000 square feeO out of the T. CR.R. Company Survey, Section 3, A-678, Brazoria County, Texas. Said O. 046-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said O. 046-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line ofF. M. Road 2234)(160-feet wide). It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the Job No. BT-003-01 appropriate records of BRAZORIA County, Texas which affect the easement. (c) This easement is granted for the specific purposes of permitting Grantee to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace and remove such above ground and underground electrical, telephone, telegraph, signal and other communications facilities, cables, lines, circuits, and conduits, repeater huts, subscriber loop carrier repeater huts, buildings/structures housing telecommunication facilities, digital subscriber loop cabinets/structures housing said telecommunications facilities, and fiber optics repeater huts, together with such above ground and underground appurtenances thereto, as Grantee may from time to time require upon, over, across, above, under and within the easement; the right of ingress and egress to the easement using the surface of the easement and road right-of-way adjacent to the Property, including but not limited to the right to use all existing and future roads, drives, streets, parking lots, entrances and exits and all other paved areas of the Property; the right to pave and to park vehicles on the surface of the easement; the right to drain or sheet flow storm water runoff from the easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property; the right to clear and keep cleared trees, brush and all other obstructions from the surface and subsurface of the easement; the right to install, maintain and use gates that meet city standards in fences which cross the easement; the fight to fence the easement according to city stm~dards; and the right to pave the surface of the easement for parking purposes and to construct roads, streets and drives upon the easement; the right to raise the surface grade of the easement by placing dirt, fill and/or other materials of GRANTEE's so that the surface grade of the easement can be raised above the level of the flood plain. (d) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of easement. (e) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein and that it has the right to make this conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present production, storage, treatment or diSPosal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement or GRANTOR's property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment 2 Job No. BT-003-01 Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. (I) GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 50 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this 29 day of January ,2002. CITY OF PEARLAND By: ~~ Name: Bill Eisen Title: City Manager 3 Job No. BT-003-01 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF BRAZORIA This instrum~e~nt wa~ acknowledged befor~ Ne on the ,.~o d~ay~gfi~/tv..,v.,~,7 2002, by'"'-~//~/~-~ , ~~~~ ~f ~.~o~ ~/~ ~ ~~PU~ SAID CO~TY MY COMMISSION EXPIRES ~~ PERLA N. LEHMAN ~[~o~.=,~-~,~ Notary Public, State of T~as ~J~] My Commission Expires= PRINTED NAME OF NOTARY After recording~ please return to: Robert Findley Contract Land Staff, Inc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. BT-003-01 TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.046-ACRE TRACT OF LAND OUT OF THE T.C.R.R. COMPANY SURVEY, SECTION 3, A-678, BRAZORIA COUNTY, TEXAS Being a tract of land containing 0.046 acre (2,000 square feet) out of the T.C.R.R. Company Survey, Section 3, A-678, Brazoria County, Texas. Said 0.046-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to City of Pearland by deed recorded under Brazoria County Clerk's File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said 0.046-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of F.M. Road 2234) (160-feet wide). COMMENCING FOR REFERENCE at a cutback comer on a north right-of-way line of said F.M. Road 2234 and a southeast comer of the 8.7724-acre residue of Lot 2, Block 2 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to Pearland Investments Limited Partnership by deed recorded under Brazoria County Clerk's File No. (98) 044876 of the Official Records of Brazoria County, Texas; THENCE North 41o27'00'' East with a northwest right-of-way line of said F.M. Road 2234 and the southeast line of the 8.7724-acre residue of said Lot 2, Block 2, a distance of 14.19 feet to an angle point; THENCE North 03o20'20'' West, a distance of 435.30 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast comer and POINT OF BEGINNING of said tract herein described, located on the north line of the 8.7724-acre residue of said Lot 2, Block 2 and the south line of said Lot 2, Block 1; THENCE South 86026'54'' West with the north line of the 8.7724-acre residue of said Lot 2, Block 2, with the south line of said Lot 2, Block 1 and the south line of said tract herein described, a distance of 50.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer of said tract herein described; THENCE North 03020'20'' West with the west line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE North 86o26'54'' East with the north line of said tract herein described, a distance of 50.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South 03o20'20'' East with the east line of said tract herein described, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.046 acre (2,000 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No. S0895 (298-741) Date: 11/15/01 Exhibit "A" S0895-1 SITE.doc 04/06/01 .8,, IISIHX3 gg~ XYMHOIH 31¥1S 'ob ~ ~ ~0 'o o o u1 ,- ~ o d~d~Nd C~ U~ CW CD CD 0 gO 0 ~ ~- OD O0 ~ ~f) Z Z Z Z Soooooo '~'0 I 0 0 0 0 0 0 0 0 0 d d d d d d d d ~ 0 ~ 0 0 ~ 0 ~ ~ ~ Z Z ~ Z Z ~ ~ Z 0000000®® 0 (D N 03'20'20" W - 060' o ~o© ~z Exhibit "B" R2002-22 SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZORIA § THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF PEARl, AND, [hereinafter referred to as "GRANTOW' (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, L. P., 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"); wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (herinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of land described in Exhibit "A", and shown on Exhibit "B", said exhibits attached hereto and incorporated herein by reference' forall purposes. The easement granted herein occupies part of GRANTOR's property located in BRAZORIA County, Texas (hereinafter referred to as the "Property"), and described as follows: Being a tract of land containing 0.002 acre (100 square feet) out of the T.C.R.R. Company Survey, Section 3, ,,1-678, Brazoria County, Texas. Said O. O02-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said O. O02-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line ofF. M. Road 2234)(160-feet wide). It is distinctly understood that this agreement does. not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a fight-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, fights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of BRAZORIA County, Texas which affect the easement. Job No. BT-003-01 - I - (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove such underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, ~d under and within said easement; the fight of pedestrian and vehicular ingress to and egress from the surface of the easement utilizing the surface of easement, the right to clear and keep cleared trees, brush, and all other obstructions from the surface and subsurface of said easement, subject to the exceptions stated herein; and, the right to install, maintain, and use gates in fences (to meet city standards) which cross said easement. (d) GRANTEE, shall not have the right to construct, build, install, maintain, have, or permit any above ground stmctures, facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route markers or signs. (e) GRANTOR, its successors and assigns, shall have the right to use the surface and subsurface of 'the easement herein granted insofar as such use does not impair, interfere with' or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, but not along, the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (f) Subject to the rights granted to GRANTEE as set forth herein, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of the easement. (g) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to Job No. [IT-003-01 - 2 - "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 50 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located east of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this 29 day of danuar¥ ,2002. CITY OF PEARL, Name: Bi 11 Ei sen Title: City Manager Job No. BT~003-01 - 3 - ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instmm~t was gcknowledged before · ¥:'f'!"~3". ~;~f,,A N. LEHMAN ':' :'i~?'~;, ~:~ ~ .~ ~, :~m~fc, State of T~ ;:~ .... '~' ,,~-~:,~' ~ ~:~:m-.m~${on Expires: me on the ,~o day of SAID COUNTY PRINTED NAME OF NOTARY After recording~ please return to: Robert Findley CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 Job No. BT-003-01 - 4 - TRACT 2 EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.002-ACRE TRACT OF LAND OUT OF THE T.C.R.R. COMPANY SURVEY, SECTION 3, A-678, BRAZORIA COUNTY, TEXAS Being a tract of land containing 0.002 acre (100 square feet) out of the T.C.R.R. Company Survey, Section 3, A-678, Brazoria County, Texas. Said 0.002-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to City of Pearland by deed recorded under Brazoria County Clerk's File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said 0.002-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of F.M. Road 2234) (160-feet wide). COMMENCING FOR REFERENCE at a cutback comer on a north right-of-way line of said F.M. Road 2234 and a southeast comer of the 8.7724-acre residue of Lot 2, Block 2 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to Pearland Investments Limited Partnership by deed recorded under Brazoria County Clerk's File No. (98) 044876 of the Official Records of Brazoria County, Texas; THENCE North 41o27'00'' East with a northwest right-of-way line of said F.M. Road 2234 and the southeast line of the 8.7724-acre residue of said Lot 2, Block 2, a distance of 14.19 feet to an angle point; THENCE North 03o20'20'' West, a distance of 435.30 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer and POINT OF BEGINNING of said tract herein described, located on the north line of the 8.7724-acre residue of said Lot 2, Block 2 and the south line of said Lot 2, Block 1; THENCE North distance of 10.00 feet to northwest comer of said 03o20'20'' West with the west line of said tract herein described, a a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the tract herein described; THENCE North 86o26'54'' East with the north line of said tract herein described, a distance of 10.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South 03o20'20'' East with the east line of said tract herein described, a distance of 10.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast comer of said tract herein described; THENCE South 86o26'54'' West with the north line of the 8.7724-acre residue of said Lot 2, Block 2, the south line of said Lot 2, Block 1 and with the south line of said tract herein described, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.002 acre (100 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No. S0895 (298-741) Date: 11/15/01 Exhibit "A" S0895-1 LrNDERGROUND.doc 04/06/01 ~o'> i,o ~0 u~ ? 03 r" rq ooo-rZ Exhibit "C" R2002-22 SOUTHWESTERN BELL TELEPHONE COMPANY ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF PEARLAND, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, L. P., 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a non-exclusive easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, 'under and within the tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in BRAZORIA County, Texas, (hereinafter referred to as the "Property") and described as follows: Being a tract of land containing 0.014 acre (600 square feet) out of the Z C.R.R. Company Survey, Section 3, A-678, Brazoria County, Texas. Said O. O14-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said O. O14-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line ofF. M. Road 2234)(160-feet wide). It is distinctly understood that this agreement does' not constitute a conveyance of the Property nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or. any other persons acting under its control. (b) The and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of BRAZORIA County, Texas which affect the easement. Job No. BT-003-01 (c) This easement is granted for the specific purposes of permitting GRANTEE vehicular and pedestrian ingress/egress access to and from its adjoining telecommunications facilities easement conveyed concurrently herewith by GRANTOR to GRANTEE, said adjoining telecommunications facilities easement being more particularly described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for ail purposes. GRANTEE shail have the right to construct, operate, place, maintain, lay, aiter, substitute, relocate, replace, inspect, protect, repair, and remove a roadway or driveway for vehicular and pedestrian ingress/egress access purposes, and drainage facilities associated therewith, upon, across, over, above, under and within the herein described easement, and/or to utilize GRANTOR's existing roadway/driveway within said easement. Furthermore, GRANTEE shail have the right to install, maintain, and use gates in fences (to meet city standards) which cross the easement. (d) GRANTOR, its successors and assigns, shall have the right to use the surface of said easement insofar as 'such does not impair, interfere with or obstruct the use of said easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, place, maintain, lay, inspect, protect, operate, repair, alter, substitute, replace and remove (i) roads, streets, sidewaiks, parking lots, and landscaping over, across, and aiong the easement .herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across, through, and along the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE's use of the easement. (e) Subject to the rights granted to GRANTEE as Set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE's access roadway/driveway and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR's Property or any part thereof, GRANTEE shail promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operation. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE's use of the easement. (f) This easement will terminate and revert to GRANTOR upon GRANTOR providing GRANTEE with continuous reasonable, aitemative vehicular and pedestrian ingress/egress access to and from the telecommunications facilities easement described in Exhibit "A" and shown on Exhibit "B" attached hereto to a public right-of-way or roadway or private roadway/driveway having public roadway access and twenty-four hour a day, seven days a week availability. It is specifically understood that the term "GRANTOR", as utilized in this paragraph, refers to GRANTOR and/or their heirs, successors, and assigns. (g) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein conveyed, and that it has the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and 2 Job No. BT-003-01 represents that he has no knowledge of the existence of past or present production storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. - TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself and his heirs and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this 29 day of January ,2002. CITY OF PEARLAND By: ~/~~--~~~ Name: Sil/l Eisen Title: City Manager ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF BRAZORIA This instrument was_acknowledged before me on the ~)cP day of 2002, by '~,'// ~/S&,q. · -- C~NOT~~y PUB~L'I~D'~FOR SAID COUNTY MY COMMISSION EXPIRES After recording~ please return to: Robert Findley CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 Job No. BT-003-01 PRINTED NAME OF NOTARY Notary Public, State of Texas ~.PRIL 2, 2005 TRACT 3 ACCESS EASEMENT DESCRIPTION OF A 0.014-ACRE TRACT OF LAND OUT OF THE T.C.R.R. COMPANY SURVEY, SECTION 3, A-678, BRAZORIA COUNTY, TEXAS Being a tract of land containing 0.014 acre (600 square feet) out of the T.C.R.R. Company Survey, Section 3, A-678, Brazoria County, Texas. Said 0.014-acre tract being out of Lot 2, Block 1 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to City of Pearland by deed recorded under Brazoria County Clerk's File No. (98) 011492 of the Official Records of Brazoria County, Texas. Said 0.014-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of F.M. Road 2234) (160-feet wide). COMMENCING FOR REFERENCE at a cutback comer on a north right-of-way line of said F.M. Road 2234 and a southeast comer of the 8.7724-acre residue of Lot 2, Block 2 of the Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision as recorded by plat in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas conveyed to Pearland Investments Limited Partnership by deed recorded under Brazoria County Clerk's File No. (98) 044876 of the Official Records of Brazoria County, Texas; THENCE North 41°27'00" East with a northwest right-of-way line of said F.M. Road 2234 and the southeast line of the 8.7724-acre residue of said Lot 2, Block 2, a distance of 14.19 feet to an angle point; THENCE North 03020'20'' West, a distance of 435.30 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer and POINT OF BEGINNING of said tract herein described, located on the north line of the 8.7724-acre residue of said Lot 2, Block 2 and the south line of said Lot 2, Block 1; THENCE North 03o20'20'' West with the west line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE North 86026'54'' East with the north line of said tract herein described, a distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSEP~ HOUSTON" set for a northeast comer of said tract herein described; THENCE South 03020'20" East with the east line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast comer of said tract herein described; THENCE South 86026'54'' West with the north line of the 8.7724-acre residue of said Lot 2, Block 2, the south line of said Lot 2, Block 1 and south line of said tract herein described, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.014 acre (600 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No. S0895 (298-741) Date: 11/15/01 Exhibit "A" S0895-1 ACCESS.doc 04/06/01 ,,8,, IISIHX3 XVMHOIH 31¥1S ~, 0 O0 0 ,ch ,;t' O0 ~ ~ Z Z Z Z oooooo' 0 0 0 0 0 0 0 0 0 d d d d d d c; d (160' R.O.W.) c~¢o© u') z OOcn 5 ~ z -z Exhibit "D" R2002-22 SOUTHWESTERN BELL TELEPHONE COMPANY SUPPLEMENTAL AGREEMENT LETTER (~ Southwestern Bell SWBTCO Job No.: RT No.: Location: D/FW ROW Form #100 (1/97) BT-003-01 5604 Shadow Creek Pkwy/FM 2234 W. of Kirby Drive. Agreements made between it Right-of-Way Negotiator and the Landowner and/or Tenant to be performed b.y said Company's employees or agents. It is agreed and understood that Southwestern Bell Telephone Company will do the following: 1. SWBTCO will provide fence around two sides of the easement to match the City of Pearland's fence surrounding the waste treatment facility for the Shadow Creek Ranch Development. SWBTCO will provide their own gate from their access easement to the telecommunications easement. SWBTCO will install a concrete drive from the street to the telecommunications easement once the developer has completed the street adjacent the waste treatment facility. SWBTCO will construct the telecommunications facility with ACME king-size Colonial Frost brick to meet architectural control guidelines for Shadow Creek Ranch Development. e SIGNED AND EXECUTED this 29 By. ~d~~--~~--x~~ Robert Findley, Contra'ct Land Stat1; Inc. [ Agent for Southwestern Bell Telephone (~o. Agent's Phone Number: 281-340-3548 SWBT ROW Engineer: Cynthia McBride day of January Prope~"~O~er/l~epresent ative Name: Bi 11 Ei sen Title: City Manager ,2002.