R-2016-181 2016-10-10RESOLUTION NO. R2016-181
A Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to CenterPoint Energy for service to the
Pearland Parkway Corridor Enhancement Project.
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 CenterPoint Energy.
PASSED, APPROVED, AND ADOPTED this 10th day of October, A.D., 2016.
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
)7Yvi I
TOM REID
MAYOR
Resolution No. R2016-181
Exhibit "A"
SHORT FORM BLANKET EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
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KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, the City of Pearland, hereinafter referred to as "Grantor", whether one or
more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid
by CenterPoint Energy Houston Electric, LLC, its successors and assigns, hereinafter
referred to as "Grantee", whose principal address is P. O. Box 1700, Houston, Texas
77251-1700, has GRANTED, SOLD AND CONVEYED and by these presents, does
GRANT, SELL AND CONVEY unto said Grantee, all or in part, a perpetual blanket
easement, hereinafter referred to as the "Easement", for electric distribution facilities and
related communication facilities consisting of a variable number of wires and cables and
all necessary and desirable equipment and appurtenances, including, but not limited to,
towers or poles made of wood, metal or other materials, props and guys, hereinafter
referred to as "Facilities", located on, over, under and across the following described
lands owned by Grantor, ("Grantor's Property"), to wit:
All of Restricted Reserve "D" in Pearland Gateway Subdivision, a
subdivision situated in Derril H. M. Hunter Survey, Abstract 76, Brazoria
County, Texas, according to the map or plat thereof recorded in Plat No.
2009019090 of the Plat Records of said county and state. (the "Easement
Area").
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The Easement Area herein granted is a blanket easement and shall apply only
insofar as the boundaries of Grantor's Property will permit. Grantee further reserves the
right to extend services and drops within Grantor's Property and to adjacent land owners
from said Facilities.
Grantor or its successors or assigns shall observe and exercise all notification
laws as per the Underground Facility Damage Prevention and Safety Act, also known as
"ONE CALL" & "CALL BEFORE YOU DIG" when working in or near the Easement Area.
To the extent that such laws and codes apply to Grantor, its successors and
assigns, Grantor, its successors and assigns shall observe all safety codes and laws
which apply to working along, within and or near the Easement Area and Facilities during
construction activities and safe clearance from such Facilities, including the Occupational
Safety and Health Administration ("O.S.H.A."), Chapter 752 of the Texas Health and
Safety Code, the National Electric Code, and the National Electrical Safety Code.
Grantor herein reserves the right to grant easements in favor of third parties
across the herein described Easement Area in a near perpendicular fashion to Grantee's
Facilities, the approximate locations of which are shown on Exhibit "A", attached hereto
and made a part hereof, provided (i) no other utilities are permitted to cross within a
vertical distance of twenty-four (24) inches of Grantee's below ground Facilities, (ii) no
other facilities or structures shall be permitted longitudinally within a distance of five (5)
feet of the centerline of any of Grantee's below ground and above ground Facilities, (iii)
no other utilities or structures shall be permitted longitudinally within a distance of fifteen
(15) feet of the centerline of any of Grantee's overhead Facilities, beginning at a plane
sixteen (16) feet above the ground and extending upward. hereinafter collectively
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referred to as ''Grantee's Exclusive Easement Area", and, (iv) doing so does not, in the
sole opinion of Grantee, endanger or interfere with the efficient, safe and proper
operation and maintenance of Grantee's Facilities.
Grantor herein covenants and agrees that, in the event that any third party
facilities or obstructions are located within Grantee's Exclusive Easement Area, Grantor
will take immediate action to remove and/or relocate said facilities and/or obstructions to
a location outside of Grantee's Exclusive Easement Area at Grantor's sole cost and
expense.
If Grantor, its successors or assigns should, at any future date, request that the
Easement herein granted be further defined, Grantee agrees, at Grantor's expense, to
prepare a new, defined easement described by a sealed survey sketch. Defined
easements shall be unobstructed and may be further described by, but not limited to, the
following descriptions:
1.) A ten (10) foot wide easement (for above and below ground facilities);
2.) A ten (10) foot wide easement together with ten (10) foot aerial
easement adjoining both sides of said ten (10) foot wide easement (for
above ground and overhead facilities that are not located adjacent to
property lines);
3.) A ten (10) foot wide easement together with an adjoining eleven (11)
foot, six (6) inch wide aerial easement (for above ground and overhead
perimeter facilities);
4.) A fourteen (14) foot wide easement together with an adjoining seven (7)
foot, six (6) inch wide aerial easement (for above ground and overhead
perimeter facilities);
5.) An easement sixteen (16) feet wide and twenty-four (24) feet long (for
Grantee's pad -mounted transformer station purposes).
Grantee further agrees to release this Easement upon execution and delivery of
the new defined easement by Grantor.
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In the event that Grantor, its successors and assigns, desires that Grantee's
Facilities be relocated, then Grantee agrees to relocate said Facilities provided that
Grantor furnishes a suitable and feasible site or location for such relocation and, provided
that Grantor, its successors and assigns, shall, if requested by Grantee, furnish to
Grantee a suitable and acceptable easement covering the new location. Any and all
costs associated with relocating said Facilities will be at Grantor's sole expense.
Grantee shall also have reasonable rights of ingress and egress to and from said
Easement Area, together with reasonable working space, for the purposes of erecting,
installing, operating, maintaining, replacing, inspecting, and removing said Facilities,
together with the additional right to remove from said Easement Area, all bushes, trees
and parts thereof, or other structures which, in the opinion of Grantee, endanger or may
interfere with the efficient, safe and proper operation, and maintenance of said Facilities.
TO HAVE AND TO HOLD the above described Easement, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto Grantee
forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal
representatives, to fully warrant and forever defend all and singular the above described
Easement Area and rights unto said Grantee, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise. In the event of a deficiency in title or actions taken by others which results in
the relocation of Grantee's Facilities, the Grantor herein, its successors and assigns, will
be responsible for all costs associated with the relocation and/or removal of Grantee's
Facilities.
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The terms, conditions and provisions contained herein constitute the complete and
final agreement between Grantor and Grantee, (collectively the "Parties") with respect to
the subject matter hereof and supersedes all prior agreements, representations and
understandings of the Parties and, by Grantor's signature affixed hereto and Grantee's
use of the Easement, the Parties evidence their agreement thereof. No oral or written
agreements made or discussed prior to, or subsequent to, the execution of this
Easement shall supersede those contained herein. Any and all revisions, amendments
and/or exceptions to the terms, conditions and provisions contained in this Easement
shall be in written, recordable form and executed by both parties, or their respective
successors or assigns in order to be deemed valid.
EXECUTED this I 34' day of l))+a be r , 2016.
City of Pe
BY:
Sign
Q-,1 a.4 Pears° Al
Name typ or printed
(Uanck_i eY
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STATE OF TEXAS
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COUNTY OF [_,) l c 12. I }
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared n 1 c)._ U PeCA (.0 A%
4 k -i A.1rtt of COof Pearland, known to me to be the person
whose 'name is subdibed to the foregoing instrument and acknowledged to me that
( 11 -he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated, and as the act and deed of said city.
Given under my hand and seal of office this / 3 day of OIhbeK
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MARIA E. RODRIGUEZ
NOTARY PUBLIC. STATE OF TEXAS
MY COMMISSION EXPIRES
Expires: February 26, 2017
Notary ID 1069221-7
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STATE OF TEXAS
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ATTACHMENT
AFFIDAVIT
COUNTY OF BRAZORIA }
BEFORE me the undersigned authority on this day personally appeared
the
of City of Pearland, hereinafter referred to as Affiant, who being duly sworn, deposes and
says that Affiant is the current owner of the tract of land described in an easement
instrument executed by the same on even date herewith, said tract of land is further
described as follows:
All of Restricted Reserve "D" in Pearland Gateway Subdivision, a
subdivision situated in Derril H. M. Hunter Survey, Abstract 76, Brazoria
County, Texas, according to the map or plat thereof recorded in Plat No.
2009019090 of the Plat Records of said county and state. (the "Easement
Area").
Affiant further says that the said premises have been held by Affiant, that
possession thereof has been peaceable and undisturbed, and that the title thereto has
never been disputed or questioned to Affiant's knowledge, nor does Affiant know of any
facts by reason of which said possession or title might be disturbed or questioned, or by
reason of which any claim to said premises, or any part thereof, might arise or be set up
adverse to this Affiant.
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EXECUTED this day of , 2016.
City of Pearland
BY:
Signature
Title
Name typed or printed
SUBSCRIBED and SWORN before me this day of , 2016.
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251-1700
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