R-2015-071 2015-04-27RESOLUTION NO. R2015-71
A Resolution of the City Council of the City of Pearland, Texas,
conveying a Storm Sewer easement to the Harris County Toll Road
Authority for service to property in the vicinity of Beltway 8 and
Mykawa Road.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Easement attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby conveyed to the Harris County Toll Road
Authority.
PASSED, APPROVED, AND ADOPTED this 27th day of April, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
6,-ki,„
DARRIN M. COKER
CITY ATTORNEY
(4„
TOM R ID
MAYOR
Resolution No. R2015-71
Exhibit "A"
STORM SEWER EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THAT, City of Pearland, of the County of Harris, State of Texas, hereinafter referred to
as GRANTOR (whether one or more) for and in consideration of the sum of ONE THOUSAND
NINE HUNDRED TWENTY FIVE AND NO/100 DOLLARS ($ 1,925.00) paid to GRANTOR,
the receipt and sufficiency of which is hereby acknowledged, do by these presents GRANT,
SELL and CONVEY unto the County of Harris, a body corporate and politic under the laws of
the State of Texas, hereinafter referred to as GRANTEE, an exclusive easement for the purpose
of the installation, use, inspection, testing, maintenance, repair, modification, operation,
replacement and removal of one, or more, underground, enclosed storm sewer(s) of the same or
varying sizes, together with related surface and subsurface appurtenances, in, under, across,
along and through the following described land in the County of Harris, State of Texas, more
particularly described as follows, to wit:
0.021 acres of land situated in the W.J. Lovett Survey, Abstract 526, Harris
County, Texas, said 0.021 acres of land more or less being more particularly
described in Exhibit "A" attached hereto and made a part hereof,
together with all rights of ingress and egress over and across GRANTOR's other lands for the
purpose of accessing the above described land. GRANTOR reserves and excepts those rights to
use the surface of the land described by this STORM SEWER EASEMENT for those purposes,
and those purposes only, as shall not otherwise unreasonably impair, interfere with, or otherwise
constitute an excessive burden upon, the free and unrestricted exercise of the rights herein
granted by GRANTOR to GRANTEE. By way of description, only, and not by way of
limitation, for purposes of this STORM SEWER EASEMENT, it shall be deemed that the rights
granted herein to GRANTEE have been unreasonably impaired, or interfered with, or otherwise
excessively burdened, when the use being made by GRANTOR, or its heirs, successors and
assigns, of the surface of the land described herein is for that of any attached, permanent
buildings and enclosures, of any kind or character, any overhead structures, including overhead
or aerial walkways, and private bridges, any permanently affixed signs and sign posts, light
masts and standards, any wires, utility poles, transmission towers, or lines (whether the same be
affixed to the land described herein or affixed to adjacent lands, but which extend over the
described lands), any switch boxes, meters, and all other manner of utility appurtenances, any
surface drainage facilities (including culverts of any kind), any walls and fences (whether
ornamental, decorative or otherwise and regardless of the material, design, and manner of
construction), any fountains, any wells and well fixtures, any affixed statuary, sculpture or other
artistic representations, whether of molded, carved, or pre -cast construction, any stonework or
masonry, any monuments (decorative or otherwise), and any other fixtures or structures that may
be firmly attached to the described land. By way of description, only, and not by way of
limitation, for purposes of this STORM SEWER EASEMENT, it shall not be deemed that the
rights granted herein to GRANTEE have been unreasonably impaired, or interfered with, or
otherwise excessively burdened, when the use being made by GRANTOR, or its heirs,
successors and assigns, of the surface of the land described herein is for that of any uncovered,
ground level, parking areas, any uncovered, ground level, private driveways, access ways, paths,
and trails (so long and only so long, as the material used for paving or surfacing consists of
gravel, asphalt, or concrete of a thickness not exceeding that which is customarily used for such
purpose), any landscaping, including small shrubs and natural ground covers (but excluding trees
of any kind), and those playgrounds and athletic fields, the playing surface of which consists of
2
grass (but excluding any and all related appurtenances that may be affixed or attached such as
playground equipment, bleachers, field houses, scoreboards, etc.). Notwithstanding anything
contained herein to the contrary, no use or activity otherwise permitted herein or recognized as
not unreasonably interfering with, or otherwise constituting an excessive burden upon the
exercise of the rights herein granted, shall be conducted in such a manner as to cause such
permitted or recognized use or activity to constitute an abuse or impairment of, or an excessive
burden upon, any right granted herein. From time to time, and at any time, GRANTEE, as part
of its right to install, use, inspect, test, maintain, operate, repair, replace, and remove one or more
storm sewers, as provided for, herein, may, with GRANTOR'S consent, remove, destroy,
eliminate or dispose of any and all surface improvements, of any kind or character, placed upon
the surface of the land described herein by the GRANTOR, or its heirs, successors and assigns,
whether permitted under the terms of this STORM SEWER EASEMENT or not, and GRANTEE
shall not be liable for any taking, any loss, or any damage, monetarily or otherwise, suffered by
the GRANTOR, or its heirs, successors and assigns, directly or indirectly, arising from or as
consequence of the removal, destruction, elimination, or disposal of any and all such surface
improvements and the loss of any use, thereof, nor shall GRANTEE be under any obligation to
GRANTOR, or its heirs, and successors and assigns, to replace any such surface improvements
or to provide compensation therefor, to restore the same to the surface of the described land, or
to in any manner restore the surface of the lands described herein to the same condition as may
have existed prior to the removal, destruction, elimination or disposal of such surface
improvements.
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
3
property herein conveyed, to the extent they are valid and subsisting and are enforceable against
the GRANTEE.
TO HAVE AND TO HOLD the said easement, unto the County of Harris to be used for
said purpose, forever; and GRANTOR does hereby bind itself, its heirs, executors, successors
and assigns TO WARRANT AND FOREVER DEFEND all and singular the said easement unto
the said Harris County, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same, or any part thereof, subject to those reservations from conveyance
and exceptions to warranty herein made.
EXECUTED this 27th day of April, 2015.
CITY OF ' AR
B
4
lay ' ea . on, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on April 27, 2015, by Clay Pearson, City
Manager of the City of Pearland, on behalf of said city.
�.�� •�4� MARIA E. RODRIGUEZ k
ate'+ Notary Public, State of Texas
My Commission Expires:
02/28/2017
.Idd
5
Maria E. Rodriguez
Notary Public
STORM SEWER EASEMENT PARCEL NO. A 100J
EXHIBIT "A"
PROPERTY DESCRIPTION FOR 30' STORM SEWER EASEMENT
Being 0.021 acre, 908 square feet parcel of land, situated in the W.J Lovett Survey, Abstract No.
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 niay be converted to grid by
dividing by a combined adjustment factor of 1.00013:
COMMENCING at the southeast corner of that certain 3.729 acre tract conveyed to Harris
County Toll Road Authority by deed recorded in H.C.C.F. No. 20140436998 H.C.D.R. being a
found 5/8 inch iron rod with cap stamped "Weisser Eng. Houston TX " said point having a
surface coordinate of N = 13785453.32 , E = 3139657.22;
THENCE North 77°57'36" West, Erdistati of21.01 feet, over and -across said 1 -46.11 -acre tract
and along the south line of said 3.729 acre tract to a found 5/8 inch iron rod with cap stamped
"Weisser Eng. Houston, TX" for an angle point of the herein described tract;
THENCE North 83°49'42" West, a distance of 104.10 feet, over and across said 146.13 acre
tract and along the said south Iine of the 3.729 acre tract to a found 5/8 inch iron rod with cap
stamped "Weisser Eng. Houston, TX" for an angle point of the herein described tract;
THENCE North 83°53'38" West, a distance of 96.41 feet, over and across said 146.13 acre tract
and the said south line of the 3.729 acre tract to a set 5/8 inch iron rod with cap stamped "JNS
ENG RPLS 4417" for the POINT OF BEGINNING of the herein described tract, said point
having a surface coordinate of N = 13785479.15, E = 3139437.30;
THENCE South 05°23'55" West, a distance of 30.00 feet, along the most Easterly line of the
herein described tract, to a set 5/8 inch capped iron rod stamped "JNS ENG RPLS 4417" being
on the North line of a 150 feet wide strip conveyed to the Hams County Flood Control District
as recorded in Volume 2333 Page 540 H.C.D.R. for an angle point and south east corner of the
herein described tract;
THENCE North 83°53'38" West, a distance of 17.25 feet, along the South line of the herein
described tract and the said North line of the 150 feet wide Harris County Flood Control District
strip , to a set 5/8 inch iron rod stamped "JNS ENG RPLS 4417" for an angle point of the herein
described tract;
THENCE South 83°00'16" West, a distance of 13.06 feet, along the South line of the herein
described tract and the said North line of the 150 feet wide Harris County FIood District strip to a
J:\Misc\224-12 HARRIS COUNTY TOLL ROAD\DRAINAGE EASEMENTS\DOCUMENTS\STORM SEWER
EASEMENT METES & BOUNDS_02-25-15.docx
STORM SEWER EASEMENT PARCEL NO. A 100J
set 5/8 inch iron rod stamped "JNS ENG RPLS 4417" for an angle point and the south west
corner of the herein described tract;
THENCE North 05°23'55" East, a distance of 30.72 feet, along the West line of the herein
described tract, to a set 5/8 inch iron rod stamped "JNS ENG RPLS 4417" being on the said
south line of the 3.729 acre tract for an angle point and the north west corner of the herein
described tract;
THENCE North 83°00' 16" East, a distance of 9.93 feet, along the North line of the herein
described tract and the said south line of the 3.729 acre tract , to a found 5/8 inch iron rod with
cap stamped "Weisser Eng. Houston TX " for an angle point of the herein described tract;
THENCE South 83°53'38" East, a distance of 20.31 feet, along the North line of the herein
described tract and the said south line of the 3.729 acre tract, to a set 5/8 inch iron rod stamped
"JNS ENG RPLS 4417" for an angle point of the herein described tract; and the POINT OF
BEGINNING of the herein described tract and containing 0.021 acres of land more or less.
This description is based on the Land Title Survey and plat
DATE: February 25, 2015
JOB NO.: 224-03
JNS Engineers LLC
TBPLS Firm No. 10169500
722 Pin Oak Road, Suite 202A
Katy, Texas 77494
(281) 391-3366
Jon N. Strange
Registered Professional Land Surveyor No. 4417
J:\Misc\224-12 HARRIS COUNTY TOLL ROAD\DRAINAGE EASEMENTS\DOCUMENTS\STORM SEWER
EASEMENT METES & BOUNDS_02-25-15.docx
FND. 5/B' CIR
PARCEL NO. A100J
3.729 ACRES_ _ /182.427 SQ.FT.
20
END. 5/8' CIR H.C.C.F. NO. 1404.36998 H.C.D.R.
WEISSER
P.O.B.146.13 ACRES
THE CITY OF PEARLAND
SET 5/B' CIR STAMPED C.F. NO. S681485
JNS G Rei -54417' END. 5/8' CIR
^53.38'W WEISSER N77 �38•W
WEISSER sa3"0018'W
96.41
-Oj^.9.
104.
JI in PROP. 30' STORM
__a _ _ ' SEWER EASEMENT
_ r _ _ - - - l5 L4 COMMONLINE OF VADE 01 ACRES FND 5/8' CIR WE].o.e.
W. J. LOVETT SURVEY, ABSTRACT 528
Una Table
Una #
Length
Direction
LI
9.93'
N83'00'18'E
L2
20.31'
S83'53'38 E
13
30.00'
SOS -23'55"W
L4
17.25'
N83'53'381W
L5
13.06'
S83'00'16'W
1.6
30.72'
N05'23'55E
JNS ENGINEERS, LLC
.I L I�YIimERA}ar Hl
BOUNDARY SURVEY OF A 0.021 ACRE
(OO11.07 SIFT.) STORM SEINER
EASEMENT
N THE XL WLI=R SURVEY.
ABSTRACT NO. Bbl
HARRIS OOIflBY. TEXAS
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1. THE BEARINGS HEREON ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH
AMERICAN DATUM OF 1983 (NAD'83), 1993 ADJUSTMENT.
2. ALL PROPOSED RIGHT-OF-WAY MONUMENTS ARE SET
CAPPED 5/8' IRON RODS STAMPED 'JNS ENG RPLS
4417' UNLESS OTHERWISE NOTED.
3. FOR ADDRIONAL INFORMATION ABOUT THE SUBJECT
TRACTS, SEE THE METES AND BOUNDS DESCRIPTIONS
PREPARED SEPARATELY.
4. H.C.C.F. = HARRIS COUNTY CLERK'S FILE.
5. H.C.M.R. = HARRIS COUNTY MAP RECORDS.
6. FIELD SURVEY PERFORMED NOVEMBER, 2015
7. NO ADOMONAL RESEARCH FOR EASEMENTS OR ENCUMBRANCES WAS
PREFORMED BY JNS ENGINEERS, LLC.
8. ALL COORDINATES AND DISTANCES SHOWN ARE SURFACE
VALUES. TO CONVERT TO GRID VALUES DIVIDE BY A SCALE
FACTOR OF 1.00013.
L INDICATES SET 5/8' CAPPED IRON ROD STAMPED 'JNS ENG RPLS 4417" OR AS NOTED
O INDICATES NOT FOUND
O INDICATES FOUND MONUMENT AS NOTED
I HEREBY CERTIFY THAT THIS PLAT IS BASED
ON AN ON THE GROUND SURVEY MADE UNDER
MY SUPERVISION AND. TO THE BEST OF MY
KNOWLEDGE. ISTRUE AND CORRECT.
„_. 2-z5-1.1—
JON STRANGE R.P.LS. No. 4417
JNS ENGINEERS, LLC
712 IM OM MAO, STE MIA
7704
11191M1010 CEM) 311-18S1
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TAMIL nu MOISeanm 110. F-1tatD
SOIAJWN1Y SURVEY OF A O.021 ACRE
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N 71E 1X8. WAXER SURVEY.
ABS111ACr NO. esr
HARRNB OOIAQY. TEXAS
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Exhibit B
Legend
123 NCTRAIDewroa.
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www.hc tr .org
Sam Houston Tollway • Southeast Widening