R-2015-076 2015-05-11RESOLUTION NO. R2015-76
A Resolution of the City Council of the City of Pearland, Texas,
conveying a surface site easement, in the vicinity of Kingsley Drive
and Shadow Creek Ranch Boulevard, to Kinder Morgan Texas
Pipeline, LLC, in exchange for fair market value compensation of
$65,355.19.
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 Kinder Morgan Texas Pipeline, LLC.
PASSED, APPROVED, AND ADOPTED this 11"' day of May. A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
�/7yt
T REIb
MAYOR
RESOLUTION NO. R2015-76
Exhibit "A"
Tejas 145-011-00-00
Tract I
Resolution No. R2015-76
Exhibit "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
NRECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
SURFACE SITE EASEMENT
STATE OF TEXAS
COUNTY OF BRAZORIA
That the undersigned, CITY OF PEARLAND (hereinafter called "Grantor", whether one
or more), whose address is 3519 LIBERTY DRIVE, PEARLAND, TEXAS 77581 for and in
consideration of the sum of Ten Dollars (S10.00) and other valuable considerations in hand paid, the
receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and convey
unto Kinder Morgan Texas Pipeline LLC, a Delaware limited liability company with offices at 1001
Louisiana Street, Suite 1000, I louston, Texas 77002, its successors and assigns, (hereinafter called
"Grantee") a Surface Site Easement upon the tract of land heminafter described for the exclusive
use and occupancy thereof for the construction of certain pipelines, pipeline facilities, including, but
not limited to, erecting, constructing, maintaining, operating, repairing, inspecting, replacing,
protecting, and removing, including, pipelines, above -ground and below -ground valves and valve
settings, fittings, pipes, conduits, tic -ins, equipment and structures to facilitate the operation,
maintenance, repair and use of its pipeline facilities, either below or above the surface of the ground
along, under, upon, over, through and across said surface site being situated in llarris County,
Texas.
The Surface Site Easement is more particularly described and depicted in Exhibits "A & B"
attached hereto and made a part hereof; together with the rights of ingress and egress thereto as
shown on Exhibits "A & B", across land of Grantor at a point designated by Grantor for the
enjoyment of the uses, rights and privileges aforesaid.
Subject to any laws to the contrary, Grantors shall have the right to fully use and enjoy said
easement and the land encumbered thereby for any purposes which shall not unreasonably interfere
with the rights herein granted to Grantee.
Grantee may not fence and enclose any of the facilities installed under the above described
Surface Site Easement except for a six (6) foot by six (6) foot pipe guard around the above ground
tap valve. Grantee shall have all rights and benefits necessary or convenient for the full enjoyment
and use thereof, including, but not limited to, the right, from time to time, to cut and remove all
undergrowth, and other obstructions, on the Surface Site Easement. The Surface Site Easement shall
be maintained and kept clean of debris, trash, and weeds and Grantee shall have the right to place
gravel or caliche within the fenced in area of the Surface Site Easement to inhibit the growth of
grasses and weeds.
GRANTEE SHALL DEFEND, INDEMNIFY, PROTECT AND HOLD HARMLESS
GRANTOR, GRANTOR'S HEIRS, SUCCESSORS, ASSIGNS, TRANSFEREES, EMPLOYEES,
AGENTS, LESSEES, CONIR.\CI'ORS, SUBCONTRACTORS, AS WELL AS 'TRUSTE S,
BENEFICIARIES, RELATIVES, PARTNERS, OFFICERS, DIRECTORS AND RELATED OR
AFFILIATED ENTI'LTES (COLLECTIVELY THE "GRANTOR PARTIES") FROM .\NY AND
Ali. LIENS, CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT minim TO
A'l'I'ORNEYS' FEES, ACCOUNTANT'S FEES, ENGINEER'S FEES, CONSULTANT'S FEES
AND EXPERT'S FEES), EXPENSES, DAMAGES, LOSSES AND CAUSES OF ACTION FOR
DAMAGES BECAUSE OF INJURY T() PERSONS (INCLUDING DEATH) AND INJURY
OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS TO TI IE
EXTENT ARISING FROM OR CAUSED BY T'LIL: NEGLIGENCE, GROSS NEGLIGENCE
OR S'IRICI' LIABILITY OF GRANTEE ON TIIE SURFACE: SITE OR GRANTOR'S
ADJACENT LANDS AND/OR FACILITIES
This Surface Site Easement covers all the agreements and stipulations between Grantor and
Grantee and no representations or statements, verbal or written, have been made modifying, adding
to or changing the terms or considerations for this grant.
If at any time after 24 months from the date hereof, Grantee should cease to use the
facilities on the Surface Site Iasement for the transportation of gas through the associated pipeline
and if such cessation of use should continue for a continuous twenty four (24) month period, all
rights of Grantee herein shall ipso facto terminate and revert to Grantor, his heirs, legal
representatives, and assigns. Grantee shall have the right for six (6) months following any
termination of this Surfacc Site Easement to remove its pipe, valves and all other property.
Following the expiration of such period, any such property remaining on the Surface Site shall be
and become the property of Grantor.
Grantee shall have the right to assign this Surface Site Easement, in whole or in part, in
which event Grantor acknowledges and agrees that the assignee shall succeed to the rights and
obligations of Grantee to the extent conveyed in such assignment.
TO HAVE AND T() HOLD the rights, privileges and authority hereby granted unto the
Grantee, its successors and assigns, forever, upon the condition that Grantee will at all times, after
doing any work in connection with the construction, reconstruction, repair or removal within said
easement, restore said premises to the condition in which they existed prior to the work being
undertaken by the Grantee, and that in the use of said rights and privileges herein granted to,
Grantee will not create a nuisance or do any act that will be detrimental to said premises or Grantors
adjacent lands and/or facilities. Grantor does hereby agree to warrant and defend said Surface Site
Easement unto Grantee, its successors and assigns. This Surface Site Easement and all of its terms,
provisions and obligations shall be covenants running with the land affected thereby and shall inure
to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the said undersigned have hereto set their hands and seals, on this
thel lth day of May 2015.
GRANTOR:
CITY OF
Clay I. earson
14 M it c �1\
TITLE: City Manager, City of Pearland
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF 6ra7.cx.►a
§
§
BEFORE MI:, the undersigned authofin•, on this day personally appeared
et* (NAME) PC,8„0 oN (l'r17.I:)e /104144 ex,. of
CI-IY OFIPEARLAND known to me to be the person whose name is subs ribcd to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY IIANI) AND SEAL OF OFFICE this atik, day of
2015.
�`�•^`� N E.
RODRIGUEZ
Public, State of Texas ti
My Commission Expires:
02/26/2017
After recording. return to:
Kinder Morgan, Inc.
Attn: Ramiro Rod, Jr. -Land & ROW
1001 Louisiana St., Suite 1000
Houston, TX 77002
Notary Public in and for the State of Texas
kge,12. £ .19bD21Gui 2—
(Print
(Print Name of Notary Public I [ere)
3
BRAZORIA COUNTY, TEXAS
S.G. HAYNIE SURVEY A-212
EXHIBIT "A"
A DESCRIPTION OF A
FIFTEEN (15) FOOT WIDE PERMANENT EASEMENT AND RIGHT OF WAY
A METES k BOUNDS DESCRIPTION OF A 0_3867 ACRE TRACT OF LAND OUT OF THE S. G. HAYNIE SURVEY, ABSTRACT NO. 212,
OF BRAZORIA COUNTY. TEXAS AND BEING ON, OVER, THROUGH AND ACRO6S A 65131 ACRE TRACT OF LAND DESCRIBED IN A
DEED RECORDED N DOCUMENT NUMBER W303449 LN THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. THE SIDE LINES OF
SAID EASEMENT AREA TO BE PROLONGED OR SHORTENED TO TERMINATE.. ON THE DEED LINES OF THE ABOVE REFERENCED
TRACT OF LAMS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID 65231 ACRE TRACT, SAME BFINO THE SOUTH LINE OF A REMAINDER
PART OF A 99.6852 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN DOCUMENT NUMBER 99 015973 IN THE DEED
RECORDS OF BRAZORIA COUNTY. TEXAS. LOCATED SOUTH 68"1334" EAST. A DLSTANCE OF 8853 FEET FROM A 5/8 -INCH IRON
ROD FOUND;
THENCE, SOUTH 68.1134" EAST, A DISTANCE OF 1553 FEET TO A POINT;
THENCE, SOUTH 07'14'14" WEST, ALONG SAID EAST UNE A DISTANCE OF 55.56 FEET TO A POINT;
THENCE, SOUTH 01°0657" WEST, A DISTANCE OF 1,06434 FEET TO A PONT, FROM WHICH A FOUND 5/8 -INCH IRON ROD BEARS
SOUIT4 00'0413" WEST, A DISTANCE OF 41425 FEET;
THENCE, NORTH 88'5244" WEST, A DISTANCE OF 15.00 FEET TO A PONT;
THENCE, NORTH 01°0657" EAST, A DISTANCE OF 1,065.67 FEET TO A POINT;
THENCE NORTH 07'1414" EAST, A DISTANCE OF 59.94 FEET TO THE POINT OF BEGINNING, AND CONTAINING 03867 (16,844
SQUARE. FEET) ACRE TRACT OF LAND.
NOTES:
1. BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE 4203, NAD 83 (2011).
2. SURVEYOR HAS MADE NO INVESTIGATION OF INDEPENDENT SEARCH
FOR EASEMENTS, ENCUMBRANCES, OR ANY OTHER FACTS THAT AN
ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
3. ALL DISTANCES ARE REPRESENTED IN GRID VALUES MEASURED IN US
SURVEY FEET, AND ARE BASED ON SAID HORIZONTAL DATUM.
4. INFORMATION DEPICTED HEREON IS BASED ON A SURVEY FOR THE
DETERMINATION OF ESTABUSHING A BASEUNE FOR MAPPING. PARTICULAR
TOPOGRAPHIC FEATURES, LOCATING NECESSARY PIPEUNE FOR DESIGN
AND EASEMENTS ACOUISMON.
5. THE SIDE UNES OF SMD EASEMENT AREA TO BE PROLONGED OR
SHORTENED TO TERMINATE ON THE DEED UNES.
LEONARD C. DAWKIN
REGISItNED PROFESSIONAL LAND SURVEYOR
NO. 5339
PREPARED BY
encompass
FNCOMPASS ENERGY SERVICES LLC
2470 GRAY FALLS DRIVE, SUITE 11D
HOUSTON. -X Iron
e32 7e14800
SURVEYED FEBRUARY, 2014
3
04/24115
JRC
RE -ISSUE
LCD
04@4115
2
1
0
03113/15
01/21/15
JRC
JRC
RE -ISSUE
LCD
03113115
RE -ISSUE
LCD
01/21115
01120115
AIM
FOR ISSUE
LCD
01120115
/REVS
DATE
BY
AFE
DESCRIPTION
RPLS
DATE
KINDER MORGAN TEXAS
PIPELINE LLC
PLAT
REVISIONS
A W,°l .7. D Er
PROPOSED 15' EASEMENT ACROSS
CITY OF PEARLAND
145 011 00 01
3 OF 3
VICINITY MAP
N.T.S.
e-p(i�
Quo
gr
BRAZORIA COUNTY, TEXAS
S.G. HAYNIE SURVEY A-212
EXHIBIT "A"
(145-011-00-02)
PEARLAND INVESTMENTS
LIMITED PARTNERSHIP
99.6852 ACRES
APRIL 8, 1999
DOC. 99 015973
586'13'34'E: �
85 88'
LINE TABLE
LINE N0.
BEARING
015TANCE
L1
SSW 13'34'E
15.53'
L2
50714'14V
55.56'
1.3
SO l'06'5714
1,064.54'
L4
N86"52'44ti7
15.00'
L5
NO l'06'57'E
1.o65.6T
1.6
N0T14'34'E
59.94'
17
N00'00'00'E
6.87'
L6
N90'00'00'E
36.90'
L9
1401'06'57'E
1,089.03'
L10
HOT 14'24.E
57.75'
ENO. 5/8' I.R.
W/CAP IEISSER ENG"
PROPOSED
PIPELINE
S.G. HAYNIE SURVEY
A-212
145-011-00-01)
SEE DETAIL 'B'
SHEET 2 OF 3
CITY OF PEARLAND
65.231 ACRES
DOC. NO. W303449
E)OST. IDA
P.O.B.
0 100' 200'
SCAT F: I 200'
SEE DETAIL "A"
SHEET 2 OF 3
SEE DETAIL "C"
SHEET 2 OF 3
PEARLAND INVESTMENTS
LIMITED PARTNERSHIP
99.6852 ACRES
APRIL 8, 1999
DOC. 99 015973
TOTAL LENGTH: 1,192.35 FEET — 72.28 RODS
PERMANENT EASEMENT (0.39 AC.)
TEMPORARY WORKSPACE (0.38 AC.)
ADDITIONAL TEMPORARY WORKSPACE (0.04 AC.)
FND. 5/8" I.R.
W/CAP 'JIA ENG'
NOTES:
1. BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE 4203, NAD 83 (2011).
2. SURVEYOR HAS MADE NO INVESTIGATION OF INDEPENDENT SEARCH
FOR EASEMENTS, ENCUMBRANCES, OR ANY OTHER FACTS THAT AN
ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
3. ALL DISTANCES ARE REPRESENTED IN GRID VALUES MEASURED IN US
SURVEY FEET, AND ARE BASED ON SAID HORIZONTAL DATUM.
4. INFORMATION DEPICTED HEREON IS BASED ON A SURVEY FOR THE
DETERMINATION OF ESTABLISHING A BASELINE FOR MAPPING, PARTICULAR
TOPOGRAPHIC FEATURES, LOCATING NECESSARY PIPEUNE FOR DESIGN
AND EASEMENTS ACQUISITION.
5. THE SIDE UN ES OF SAID EASEMENT AREA TO BE PROLONGED OR
SHORTENED TO TERMINATE ON THE DEED UNES.
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5339
PREPARED BY
encomr_ oss
ENCOMPASS ENERGY SERVICES LLC
2470 GRAY FALLS COVE, MITE 110
HOUSTON. TX 77077
632-781-4800
SURVEYED FEBRUARY, 2014
3
04124115
JRC
2
03113115
JRC
RE -ISSUE
RE.SSUE
LCD
LCD
0424115
03113115
0121115
JRC
RE -ISSUE
LCD
01121115
0
OV20115
A
DATE
MAI
BY
FOR ISSUE
LCD
AFE
DESCRIPTION
RPLS
0120115
DATE
KINDER MORGAN TEXAS
PIPELINE LLC
PLAT
REVISIONS
APPROVT D RV
ORM,. SIZE
PROPOSED 15' EASEMENT ACROSS
CITY OF PEARLAND
'iHA'NlNG`q
145-011-00-01
SOLE ,, Too 'AFC
1 OF 3
BRAZORIA COUNTY, TEXAS
S.G. HAYNIE SURVEY A-212
EXHIBIT "A"
P.O.B.
PROPOSED
PIPELINE
N.T.S.
PROPOSED
PIPELINE
DETAIL "BM
N.T.S.
PROPOSED
6'X6' PIPE GUARD
PROPOSED
PIPELINE
TOTAL LENGTH: 1,192.35 FEET - 72.26 ROOS
PERMANENT EASEMENT (0.39 AC.)
// TEMPORARY WORKSPACE (0.38 AC.)
�•i��•i��•ii•� ADDITIONAL TEMPORARY WORKSPACE (0.04 AC.)
D. 5/8' I.R.
W/CAP "JLA ENG"
N.T.S.
NOTES:
1. BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE SYSTDA,
SOUTH CENTRAL ZONE 4203, NAD 83 (2011).
2. SURVEYOR HAS MADE NO INVESTIGATION OF INDEPENDENT SEARCH
FOR EASEMENTS, ENCUMBRANCES, OR ANY OTHER FACTS THAT AN
ACCURATE MID CURRENT TTTLE SEARCH MAY DISCLOSE.
3. ALL DISTANCES ARE REPRESENTED IN GRID VALUES MEASURED IN US
SURVEY FEET, AND ARE BASED ON SAID HORIZONTAL DATUM.
4. INFORMATION DEPICTED HEREON IS BASED ON A SURVEY FOR THE
DETERMINATION OF ESTABLISHING A BASEUNE FOR MAPPING, PARTICULAR
TOPOGRAPHIC FEATURES, LOCATING NECESSARY PIPELINE FOR DESIGN
AND EASEMENTS ACQUISITION.
5. THE SIDE LINES OF SND EASEMENT AREA TO BE PROLONGED OR
SHORTENED TO TERMINATE ON THE DEED UNES.
LEONARD C. DAWKIN
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 53.39
PRFPARE0 BY
encomPoss
ENCOMPASS ENERGY SERVICES LLC
7470 GRAY FALLS OIaVE. SLATE 110
HOUSTON. TX 77077
832-7811800
SURVEYED FEBRUARY, 2014
3
0424115
JRC
RE -ISSUE
LCD
04/24/15
2
03113115
JRC
RE4SSUE
LCD
03113115
0121115
JRC
RE4SSUE
LCD
01/21/15
0
01/20115
DATE
MM
BY
FOR ISSUE
AFE
DESCRIPTION
LCD
RPLS
01120115
DATE
KINDER MORGAN TEXAS
PIPELINE LLC
PLAT
REVISIONS
PROPOSED 15 EASEMENT ACROSS
CITY OF PEARLAND
APP RO]VT 0 Ilv
DRAW , : SIZE
,f4A,iNG NO
145-011-00-01
SCALE 1A0E
Ni3 l
2 OF 3