R-2016-201 2016-11-14 RESOLUTION NO. R2016-201
A Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to CenterPoint Energy for electrical service
to the Reflection Bay Water Reclamation Facility 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 14th day of November, A.D., 2016.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:62,
Q DA IN M. COKER
CITY ATTORNEY
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Resolution No. R2016-201 Exhibit B
SHORT FORM BLANKET EASEMENT
3-PHASE OVERHEAD AND UNDERGROUND
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 }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, 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 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", lying on,
over, under, and across the following described lands owned by Grantor, ("Grantor's
Property"), to wit:
That certain subdivision known as City of Pearland Reflection Bay Water
Reclamation Facility, situated in the T.C.R.R. Co. Survey, Abstract 678,
Brazoria County, Texas, according to the map or plat thereof recorded under
County Clerk's File No. 2016018054 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, its
successors or assigns, is hereby obligated to place National Electrical Safety Code notices
into Community Deed Restrictions when the Easement Area falls within residential
developments.
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
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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 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 Area 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
easements adjoining both sides of said ten (10) foot wide easement (for
above ground and overhead facilities that are not along a perimeter);
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 efficiency, 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 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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EXECUTED this \q\\ .\ day of Iv 01StN01/4,62_ , 201U.
City of Pearland
BY:
Signature
ll Pk-N 4-
Title
CIA-
Name typed r printed
SUBSCRIBED and SWORN before me this 1`t t day of Aue_yrdakA , 20 1 -
REBECCA A BOWERY Notary's Signature Lit- V
g...30r) NOTARY PUBLIC.STATE OF TEXAS
MY COMMISSION EXPIRES
Even December 28.2018 /y " � �
Ndary ID M 01133751.9 C C G L f / D((11e r I/
Name typed or printed I
1a. a8• 021140
Commission Expires
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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ATTACHMENT
AFFIDAVIT
STATE OF TEXAS }
COUNTY OF Brea,a via_}
BEFORE me the undersigned authority on this day personally appeared
y
the / 0 / ,,e h
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:
That certain subdivision known as City of Pearland Reflection Bay Water
Reclamation Facility, situated in the T.C.R.R. Co. Survey, Abstract 678,
Brazoria County, Texas, according to the map or plat thereof recorded under
County Clerk's File No. 2016018054 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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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 ( 1-14 day of A)64 Erin bQr , 20 j .
City of Pearl
BY:
Signature
i Cil1� Pe:C•r56.)nS
Name typ d or printed
Title
STATE OF TEXAS }
•
COUNTY OF . u et_ }
BEFORE ME, the undersigned autho ity�a Nota blic in and for the State of Texas, on
•is day person.11y appeared � ,u .,2PchS9-3'1
. �• it _ .. of Cit Uof Pearland, known to me to be the person
whose name is sub•'cribed to t if- foregoing instrument and acknowledged to me that
( L.46e 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 /`t day of Abje , 20 lle.
(4L-elLezect
REBECCA A.BOWERY Notarys Signature
` NOTARY PUBLIC.STATE OF TEXAS t
R MY COMMISSION EXPIRES b W'C.-I�
*� E1`pi'es'a0o"'ber VI 2014 Name typed or printed
[, Notoy 100 01133751-9
Commission Expires
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GENERAL LOCATION SKETCH
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