R2017-019 2017-02-13RESOLUTION NO. R2017-19
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 Pearland Parkway.
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 13th day of February, A.D., 2017.
TOM REID
MAYOR
ATTEST:
UNG %� R NG, M�
ITY SRETARY
ioNNN
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2017-19
Exhibit "A"
ELECTRIC 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 municipal corporation, its successors and assigns,
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", located within a portion of
the following described lands owned by Grantor, ("Grantor's Property"), to wit:
Those certain tracts containing 5.780 -acre and 5.7828 acre tracts of land
situated in the Thos. J. Green Survey, Abstract 198, Brazoria County, Texas.
being the same properties described in deeds filed for record under County
Clerk's File Nos. 95-008361, 95-008360, 95-001937, 95-001936, 94-045881,
94-045880, 94-045879, 94-045878, 94-045877, 94-045846 and 95-042077,
respectively, in the Official Public Records of said County and State.
The unobstructed easement area(s) herein granted, hereinafter referred to
as the "Easement Area", whether one or more, are described as follows:
1
J:\JOB FILES\8201517379801417379801481DOCUMENTS1737980148-1.DOC 09/27116 GB
JOB 73798014B-1
MAP 5649B
S/C South Houston
An easement ten (10) feet wide, the location of the centerline of which
is shown by the dot -dash symbol on Sketch No. 16-0668, attached
hereto and made a part hereof, together with unobstructed aerial
easements ten (10) feet wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located on both sides of and
adjoining said ten (10) foot wide easement.
Grantor 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, Grantor, 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.
Absent written authorization by the affected Grantee, all utility and aerial easements
must be kept unobstructed from any non-utility improvements or obstructions by Grantor.
Any unauthorized improvements or obstructions may be removed by Grantee at the
Grantor's expense. While wooden posts and paneled wooden fences along the perimeter
and back to back easements and alongside rear lots lines are permitted, they too may be
removed by Grantee at the Grantor's expense should they be an obstruction. Grantee may
put said wooden posts and paneled wooden fences back up, but generally will not replace
them with new fencing.
Grantee shall not deny or obstruct ingress or egress to or from Grantor's Property,
and Grantor retains all rights to cross the Easement Area for access, but not interfering
with the utility purpose for which the Easement is granted. Grantor shall have the right to
2
J:UOB FILES\82015173798014173798014BiD000MENTSV37980/4B-1.DOC 09/27/16 GB
JOB 73798014B-1
MAP 5649B
S/C South Houston
construct or locate in a near perpendicular fashion, utilities, drainage ditches, roadways,
driveways, across, but not along or solely along, within or under the Easement Area herein
granted. Grantor assumes all responsibility for the cost of constructing, paving and
maintaining said roadways or driveways within easement crossing areas. In the event that
Grantor constructs, or causes to be constructed, any utilities, drainage, ditches, roadways,
and/or driveways which results in the relocation of Grantee's Facilities, the Grantor will be
responsible for all costs associated with the relocation and/or removal of Grantee's
Facilities. Grantor is prohibited from using the Easement Area for stockpile, spoil, water
retention or detention, or lay down areas.
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
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. Further, in
the event dead or dangerous trees exist within the fall range of overhead electrical
facilities, then Grantee shall have the right to take down dead or dangerous trees based on
Grantee's discretion.
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
3
J:UOB FI1ES1B2015%73798014173798014B1DOCUMENTS 737960148.1.DOC 09/27/16 GB
JOB 73798014B-1
MAP 5649B
S/C South Houston
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.
EXECUTED this % day of /7 rJ' , 20 11 .
City of Pearla •, a municipal corporation
BY:
Signature
10-�arso/4
Name typed or pred
Title
(\) i 1 V j n a � r
y 9
4
J:\IO8 FILES82015173798014173798014600CUMENTS1737980148-1.DOC 09/27/16 GB
JOB 73798014B-1
MAP 5649B
S/C South Houston
STATE OF TEXAS
}
COUNTY OF }
BEFORE ME, the undersigned authority, a Ntary Public and for the State of Texas, on
this d y personally appeared 'A Public
- -
-c� of City of Pearlind, a municipal corporation, known to
me to be ()the person ose 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 municipal
corporation.
Given under my hand and seal of office this /2/ day of , 20 17 .
REBECCA A. BOWERY
NOTARY PUBLIC
STATE OF TEXAS
Notary ID * 1133751-9
Expires: 01-31-2021
AFTER RECORDING RETURN TO:
SURVEYING 8 RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251-1700
5
J:UOB FILESB2015\73798014173798014B1DOCUMENTS173798014B-1.DOC 09i27116 GB
- a
Notary's Signature
p
Name 1s - or nr d
-/
T7J . �QII.(iY.�i'' 1
1
Commission Expires
JOB 73798014B-1
MAP 5649B
S/C South Houston
THOS. J. GREEN SURVEY A-198
XVol. 1421, Pg. 25 D.R.
Remainder of Called: 118.775 Ac.
Subject to: CenterPoint Energy
Blanket Easement
C.C.F.# 2014005160
Fnd. 1.R. w/pLAS. Cop
"G.B.I. PARTNERS"
PEA
Coll & Fnd. 5/8" I.R.
S 41'56'59" W — 589.67'
Called: 6.023 Ac. Drainage Easement Exhibit
Prepared By. Civil—Sury Land Surveying, L.C.
01/11/2016, Job# 15176
Certified by. Michael Hall, RPLS 5765
CITY OF PEARLAND
C.C.F.# 95-008361
C.C.F.# 95-008360
C.C.F.# 95-001937
C.C.F.# 95-001936
C.C.F.# 94-045881
C.C.F.# 94-045880
C.C.F.# 94-045879 4,
C.C.F.# 94-045878
C.C.F.# 94-045877 0 1 /
C.C.F.# 94-045846 fo vi /
Called: 5.780 Ac. t co
N 40'56'31" E — 473.74'
331.03'
CITY OF PEARLAND
C.C.F.# 95-042077
Called: 5.7828 Ac.
Fnd. I.R. w/Pias. Cop
CML SURV"
S 41'56'59" W, 4.89'
Reserve "II"
FINAL PLAT
CLEAR CREEK PARK
Vol. 21, Pg. 67 P. R.
9
Bearing Basis:
Texas Coordinate System of 1983, South
Central Zone (TXSC Zone 4204); NAD 27
50 0 50 100 150
1 1
SCALE IN FEET
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY LINES.
12
10 11
HIDDEN CREEK DR. (60')
- _ 7 0' EASEMENT 0
REV.1:JOB N0.
BY:
DATE:
Fnd. LR. w/P/as. Cap
G.B.I. PARTNERS"
REV.2:JOB NO.
DATE:
EASEMENT — UNOBSTRUCTED LAST PLOT DATE:08/14/16
COUNTY: BRAZORIA DRAWN BY: J.D.H.
SURVEY DATE:8/18-09/06/16 MAP NO: 5649D
SCALE: 1 "= 100' JOB NO: 73798014B
FILE NO. — BOOK: 2015 CHECKED BY: M.1.0.
\Job Files \81015\73798014\73798014A\Analysis\DWG\16-Obb8.dwg, 9/14/1016 2:30:58 P1.
Cen erPoint Enerq
SURVEYING & RIGHT OF W
P.O. Box 1700 Houston, TX 77251 —1 700
713-207-2222
Firm Number: 10027400
SKETCH NO. 16-0668
VICINITY MAP
Resolution No. R2017-19
Exhibit "A"
Centerpoint ten
(10) foot easement
1:2,400
1 inch = 200 feet
NORTH
This productisf« hbrrnetionel purposes
onlyand may ont be prepared
= be aullatle for bgel. engineering.
oraurveyhg purpcsee.
MAP PREPARED'. JANUARY 11, 20 17
GIS DEPARTMENT
3
NOTE: POLES TO NE SET APP1lOxNATELY
163 FEETEK
Centerpoin
cir - it el = tric
instal
7.
x
Cen - • • int ten (10
fo• elec is easeent
(m) Utilities. All uthty service tines shall be located underground Where the
underground placement of fac lies is not a standard practice of the ubkty, the
utility's customer Shall make arrangements with the utility for payment W all Costs
assooated with the non-standard installation. With the exception of the customer
responsible for the non-standard installation. neither the utility nor the ubktys other
customers shall be responsible for any costs of non-standard installation of utilities.
Notwithstanding the requirements of this section, nothing in this ordnance shall be
interpreted in a manner that conflicts with a utility's state -approved tariff Above-
ground lines may be located in the rear or other areas of the property as
necessary, however such lines must not prominent from the front new of the
property or from the view of roadways (the visibility of the poles must be partially or
wholly obscured). Any determination on whether utilities are prominent shall be
made by the Planning Director
N
`00
55
5.42.2 P410
CITY PERMIT REQ
CENTERPOINT ENERGY
NOTES DDPR - MY11-132 - - - WORK IN CONJUNCTION WITH WO #72608507 & 723979;
BUILD 2,500' OF 600 AAC/N 4/0 AMC NORTH OVER PEARLAND PKWY TO CLI
CREEK AND 40' WEST OF CREEK SOUTH TO TIE INTO EXISTING CIRCUIT
DESIGNED BY BINKLEY & BARFIELD INC.
FOR INFORMATION CONTACT GUY JOHNSON AT CNP 713-945-6211
WORK ORDER I
MARX WORK CENTER
ORDER TYPE
M!
73798014
SOH
HDC1
ADDRESS
KEY MAP
atm
FUNC
2907 DOWNING ST.
615L
5649 83 3810
DIS
CONSULTANT
PHONE NUMBER
MOBILE NUMBER
CIR
Kellee Castro
281-305-2750
520-331-5356
DATE REOUESTED
FIELD TECH
FIELD COMPLETION DATE
SCALI
11/15/2015
GIS 1