R-2016-205 2016-11-14 RESOLUTION NO. R2016-205
A Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to CenterPoint Energy for electrical service
in the vicinity of Bakers Landing, Section 1A.
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.
La
�m 'Y
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
EXECUTED this — day of loo12.m119._r 20 .
City of Pearlan political subdivision of the State of Texas
BY:
Signature
P , J
Name typed or p nted
Title J
STATE OF TEXAS }
COUNTY OF U+ A__ }
BEFORE ME, the undersigned authority a Notary-public in and for the State of Texas, on
a is day personally a•feared / -'�' hs
A -/Ai �' II/ A_e. 'A.of City ofPearland, a political subdivision of the State
of Texas, known t' me to be e person whose name is subscribed to the foregoing
instrument and acknowledged to me that (L4he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of
said subdivision.
Given under my hand and seal of office this 1 L day of 011 .-Yrth�l , 20 f�,.
,pr.,� REBECCA A.BOWERY C PC1 a. (�{ „J
NOTARY PUBLIC,STATE OF TEXAS Notary's Signature
• • MY COMMISSION EXPIRES UUU
or
Ex
Nola:December
ID It 01 e 375 2016 1 / e_ C— . 4 'Z ,Oe.r g
O1' � Notary ID k 01133751-9 , �j�(.LJ `/
Name typed or printed /1
a.011,4
Commission Expires
AFTER RECORDING RETURN TO:
SURVEYING&RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC
P.0.BOX 1700
HOUSTON,TX 77251-1700
4
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Resolution No. R2016-205
Exhibit "A"
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 }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, City of Pearland, a political subdivision of the State of Texas, 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, an
exclusive, perpetual easement, hereinafter referred to as the "Easement", for electric
distribution and related communications 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 within a portion of the following described lands
owned by Grantor, ("Grantor's Property"), to wit:
That certain 3.00-acre tract of land out of the Alexander, Crain, Harris and
Brooks Survey, Abstract 147, Brazoria County, Texas, being the same
property described in a deed from Raye Mona Shuster to City of Pearland,
dated February 15, 2016 and filed for record under County Clerk's File
2016007643 in the Official Public Records of said County and State.
i
1
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The unobstructed easement area(s) herein granted, hereinafter referred to as the
"Easement Area", whether one or more, are described as follows:
An easement five (5) feet wide, being the easterly one-half(1 ) of a ten (10)
foot wide easement, the location of which is shown by the hatched area on
Sketch No. 16-0799, attached hereto and made a part hereof,together with
an unobstructed aerial easement ten (10) feet wide, beginning at a plane
sixteen (16) feet above the ground and extending upward, located easterly
of and adjoining said five (5) foot wide easement.
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 or assigns,
Grantor, its successors or 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.
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 and Grantor's
Property immediately adjoining thereto, all bushes, trees and parts thereof, or other
2
J'JOB FlLES7 820161796414170000MENTSV964141 7.2.DOC 1011/116 Abp
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structures or improvements which are within, protrude, bisect, encroach or overhang into
said Easement Area and which, in the sole 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 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.
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.
3
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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 }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, City of Pearland, a political subdivision of the State of Texas, 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, an
exclusive, perpetual easement, hereinafter referred to as the "Easement", for electric
distribution and related communications 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 within a portion of the following described lands
owned by Grantor, ("Grantor's Property"), to wit:
That certain 3.00-acre tract of land out of the Alexander, Crain, Harris and
Brooks Survey, Abstract 147, Brazoria County, Texas, being the same
property described in a deed from Raye Mona Shuster to City of Pearland,
dated February 15, 2016 and filed for record under County Clerk's File
2016007643 in the Official Public Records of said County and State.
1
.:\JOB FILES 1B201 617964 1 41 71D000MENTS17 964 1 41 7-2.DOC 10/17/16 jbp
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SIC SOUTH HOUSTON
The unobstructed easement area(s) herein granted, hereinafter referred to as the
"Easement Area", whether one or more, are described as follows:
An easement five (5) feet wide, being the easterly one-half(1/2) of a ten (10)
foot wide easement, the location of which is shown by the hatched area on
Sketch No. 16-0799, attached hereto and made a part hereof, together with
an unobstructed aerial easement ten (10) feet wide, beginning at a plane
sixteen (16) feet above the ground and extending upward, located easterly
of and adjoining said five (5) foot wide easement.
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 or assigns,
Grantor, its successors or 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.
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 and Grantor's
Property immediately adjoining thereto, all bushes, trees and parts thereof, or other
2
J:%JOB FILES\8 2 01 617 964 1 4 1 71DOCUMENTS\7964141(-2 DOC 10111/16 bp
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structures or improvements which are within, protrude, bisect, encroach or overhang into
said Easement Area and which, in the sole 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 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.
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.
3
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EXECUTED this day of , 20
City of Pearland, a political subdivision of the State of Texas
BY:
Signature
Name typed or printed
Title
STATE OF TEXAS }
COUNTY OF }
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared
of City of Pearland, a political subdivision of the State
of Texas, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that ( )he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of
said subdivision.
Given under my hand and seal of office this day of , 20
Notarys Signature
Name typed or printed
Commission Expires
AFTER RECORDING RETURN TO:
SURVEYING&RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC
P.O.BOX 1700
HOUSTON,TX 77251-1700
4
J:UOB FILES'82016\79641417 1DOCUMENTS\79641417-2.DOC 10/17/16 Opp
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MAP 5649C4
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