R2020-165 2020-09-14RESOLUTION NO. R2020-165
A Resolution of the City Council of the City of Pearland, Texas, conveying
an easement to CenterPoint Energy for electrical service to serve the City's
Surface Water Treatment Plant 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 the 14th day of September, A.D.,
2020.
ATTE T.
TAL ROAN, TRMC`, CMC
CITY SECRETARY
APPROVED AS TO FORM:
2�q-�-�
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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 }
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, 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 those certain tracts of land situated in the Allison -Richey Gulf Coast Home
Subdivision, J. S. Talmage Survey, Abstract 566, Brazoria County, Texas,
being the same property described in a deed from Haddock Construction
a/k/a Haddock Construction Company, a Texas corporation to City of
Pearland, municipal corporation, dated April 8, 2008 and filed for record
under County Clerk's File No. 2008018541 in the Official Public 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 referred to as
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S/C H. O. Clarke
"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.
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
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S/C H. O. Clarice
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.
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
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S/C H. O. Clarke
assigns in order to be deemed valid.
EXECUTED this day of 202e.
City of Pearland, a munjAipal corporation
BY: _
Signature
�ti J (`�� �S •�
Name typed or printed /
Title
STATE OF TEXAS }
COUNTY OF BRAZORIA }
BEFORE ME, the undersigned authority, a INin and for the State of Texas, on
his personally appeared el
i ;d of City of P arland, a municipal corporation, known
to me to be the erson 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
corporation.
Given under my hand and seal of office this clFday of �, 202.0.
I •dl •avaL
Commission Expires
r••�pr n"�'••,,, CRYSTAL N ROAN
�A -6% Notary Public, State of Texas
_•� `£ My Commission Expires
••,,.,F....... �E,!jt January 28. 2024
NOTARY ID 1057222-1
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SIC H. O. Clarke
ATTACHMENT
AFFIDAVIT
STATE OF TEXAS }
COUNTY OF BRAZORIA }
BEFORE me the undersigned authority /on this day personally appeared
eGU�Sa r] the C: r6q?iL,-kod
of City of Pearland, a municipal corporation, 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 those certain tracts of land situated in the Allison -Richey Gulf Coast Home
Subdivision, J. S. Talmage Survey, Abstract 566, Brazoria County, Texas,
being the same property described in a deed from Haddock Construction
a/k/a Haddock Construction Company, a Texas corporation to City of
Pearland, municipal corporation, dated April 8, 2008 and filed for record
under County Clerk's File No. 2008018541 in the Official Public 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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S/C H. O. Clarke
EXECUTED this 6U day of 120
City of Pearla a municipal corporation
BY:
Signature
1, M14 r'A�
Title , l
Name typed or printed
SUBSCRIBED and SWORN before me this Zday of , 20020
Notas nature A 1
efqs—IV'
w
Name or printed
l - L-� I .
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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fr/'pr •,,e CRYSTAL N ROAN
r° `o Notary Public. State of Toms
• �• My Commission E1pirss
Jsn my 29, 2024
NOTARY 101067222-1
JOB 93862693-1
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S/C H. O. Clarke
EXHIBIT A
BA
�s m C
_ U
PL5&6
55 -2Q25
/�` ft 5 51
5
X ____ 0
*Future Terminal Poles*
F '' �' CBA
o a
m
141 ft RE
PL
PL 4 (Install)
PL 3 (Install)
155 - 2 33 #2AAAC
55 - 2 Q25
(Install)
(3) 100KVA Transformer
PL 2 (Install) PL 1 (Install)
155
277/480v - 336mcm Al. Buss. - 2 33 55 - 2 Q03
(Install)
Add Q43 Framing 55
+/- 15 -ft of 336mcm Al. Service Wire O
3720
I
-P
00 BA I
C
55
O
3720
50
CENTERPOINT ENERGY
NOTES: PRELIM SKETCH
A
All Distances Shown Are ±
WORK ORDER #
MAIN WORK CENTER
ORDER TYPE
MAINT ACCT TYPE
93862693
BRZ 1020
HDC1
64
ADDRESS
KEY MAP
GLN
FUNCTIONAL LOCATION
3720 County Road 48
612Y
5347052980
DIS-013250-OVH
CONSULTANT
PHONE NUMBER
MOBILE NUMBER
CIRCUIT ID NUMBER
N xK*x)6)(xxKS
2X)(X iX
7)( U -X> X
SO43
DATE REQUESTED
FIELD TECH
FIELD COMPLETION DATE
SCALE: 1" = NTS
GIS PRI: 1 2 3 4 5
VICINITY MAP
77
' City of Pearland ;•.
Surface Water Plant
_ r
Proposed
z CenterPoint Energy
-� Blanket Easement ;-
i a4.:.� wren Gsn c:enaF.-w`"
+- 7 4- � !... '_- �• „?" � - s � * �'��" ''` ISR
/M
`(j s
C - ,
R ,
f
`
Wk -
1:15,840
1 inch = 1,320 feet
N p'
NORTH
prod mtisfor inbrmatimal purposes
ori y a nd may w t be prepared
or be suitable for legal, engineering,
orsu —yin g purposes.
MAP PREPARED: AU GUSi]4.]0]0
EXHIBIT A
BA
rs m C
U
PL5&6
55 - 2 Q25
rT'51 ft 55
x 5_ ��
*Future Terminal Poles*
_ _
o CBA Q J
m
141 ft R
PL 4 (Install)
PL 3 (Install)
155 - 2 Q33 #2AAAC
55 - 2 Q25
(Install)
(3) 100KVA Transformer PL 2 (Install) PL 1 (Install)
155
277/480v - 336mcm Al. Buss. - 2 Q33 55 - 2 Q03
(Install)
Add Q43 Framing 55
+/- 15 -ft of 336mcm Al. Service Wire
3720
-P
00 BA
C
Q 55
3720
50
CENTERPOINT ENERGY
NOTES: PRELIM SKETCH
>
All Distances Shown Are ±
WORK ORDER #
MAIN WORK CENTER
ORDER TYPE
MAINT ACCT TYPE
93862693
BRZ 1020
HDC1
64
ADDRESS
KEY MAP
GLN
FUNCTIONAL LOCATION
3720 County Road 48
612Y
5347052980
DIS-013250-OVH
CONSULTANT
PHONE NUMBER
MOBILE NUMBER
CIRCUIT ID NUMBER
N xK*xVxxxKS
2X)(LXX-XX
7) -A X
SO43
DATE REQUESTED
FIELD TECH
FIELD COMPLETION DATE
SCALE: V = NTS
GIS PRI: 1 2 3 4 5