R2021-134 2021-06-28RESOLUTION NO. R2021-134
A Resolution of the City Council of the City of Pearland, Texas, conveying
an easement to CenterPoint Energy for electrical service to provide lighting
for the Mary's Creek Trail (Independence Park).
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 28th day of June, A.D., 2021.
' ‘7
J VIN COLE
AYOR
ST:
CRY`.TAL ROAN, TRMC, CMC
CIT SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
i
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 }
COUNTY OF BRAZORIA }
THAT, City of Pearland, 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:
KNOW ALL PERSONS BY THESE PRESENTS:
Lot 1 in Block 1 of Minor Plat of Independence Park, situated in the Warren
D.0 Hall League, Abstract 70, Brazona County, Texas, according to the map
or plat thereof recorded under Plat No. 2018047208 in the Map 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:
Easements five (5) feet wide, the locations of the centerlines of which are
shown by the dot -dash symbols on Sketch Nos. 21-0210 and 21-0210A,
attached hereto and made a part hereof.
1
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MAP 5648B3
S/C South Houston
Sketch No. 21-0210B is attached hereto and made a part hereof for
informational purposes.
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, 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 ("OSHA"), Chapter 752 of the Texas Health and Safety Code
("THSC"), the National Electric Code ("NEC"), and the National Electrical Safety Code
("NESC").
Absent written authorization by the 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
construct or locate in a near perpendicular fashion, utilities, drainage ditches, roadways,
2
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MAP 564883
S/C South Houston
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
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
Easement and rights unto said Grantee, against every person whomsoever lawfully
3
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JOB 96492871A-1
MAP 5648B3
S/C South Houston
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.
4
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MAP 5648B3
SIC South Houston
EXECUTED this (.9 day of
City of Pearland
BY:
Signature
/te/
Name typed or printed
Title
STATE OF TEXAS
COUNTY OF &flonc\
}
}
•
20 rn .
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Tir-en+
t»'puk (ikj Marlc*gfr of City of Pearland, 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 city.
Given under my hand and seal of office this day of
RENEE KROSS
Notary ID 1132042519
My Commission Expires
June 6, 2023
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251-1700
5
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,20
Notary's Signature
Rcnrf Kross
Name typed or printed
JuuruQ LQ, Qo23
Commission Expires
JOB 96492871A-1
MAP 5648B3
S/C South Houston
Baca
? JQF O'
J-�va
•9c e A�
o FCa.o: a
c
a
N,
Note: See Sketch 21-02110A.
for Details "A" "B" and "C'
See Sketch 21-0210B for
Line Table and Curve Table
50 0 50 100
SCALE IN Fr FT
2
See
\ Detail "A"
�25
/ ' See
Deiaii "t4. C
150
f
NOTE: THE EXiERJORS OF ALL EASEMENTS ARE TO
INSECT WITH THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH A0JOIN1N•G PROPERTY LINES.
.47
Ceck
454)
WARREN D C. HALL
T , HAGL , A- 7 0
C2
Dedicated far PublEc
Right —of —Way Per P:a:
Called 0.1879 Ac. (8,184 Sq. Ft.)
Block 1
i3PAZORIA DRAINAGE D:S-RICT NO.
EN.
Lot 1
•
Exh bi; "A-2"
1
DRAINAGE EASEMENT 2
C.C.F.# 2018003515
Called 7.3346 Ac.
s
4.20
MINOR PLAT OF \`9
INDEPENDENCE PARK
C.C. F. J/ 2018047208
LEG EN D
0= Ca I & Fnd 5/8" :_R. W/Pl. Cap
Marked "C. L. Davis"
UNLESS NOTED
agal It =era _ Q 5 Easement
L15
Q�.
Fnd.
Mag Nail
\ End.
rT\ i/2" I.R.
CS'\
Bearing Basis:
Texas Coordinate System cf
1983, South Central Zane
(TXSC ,Zone 4204); NAD 83
REV.1: JOB NO.96492871 A BY: G
EASEMENT — UNOBSTRUCTED
COUNTY: BRAZ RIA
SURVEY DATE 2/25/2021
SCALE: 1 "=1 OO'
FILE NO. -- BOOK:2021
w
DATE:04/29/20211 REV_2:JOB NO
LAST PLOT DATE 05/03/2021
DRAWN BY: DAR/GDW
MAP NO 5648—B3
JOB NO 96492871
CHECKED BY: G.D.W.
BY: DATE:
CenterPoint Enera
SURVEY NG & R GHT OF W
P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
Firm Number: 10027400
SKETCH NO. 21-0210
\\'r-ng3-`�'u'SVOc Flr_‘,3?C21\954C2871195492971AVsnayiA21-0210 Rev.Cw9. Sr3.2CZS 9 9AH
1
tt2nn
" A 11
N
0 N T
1
1�Dci!coted for Public
Right—oi—Way Per Plot
Collect CI, I879 Ac.�
(8,184 Sq, Ft)
S
C1.'
SCALE IN FEET
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY LINES.
(
/1
7,
LEGEND
( o1I & End, 5/8" I.R. W/PI. Cap
Marked "C, L. Davis"
UNLESS NOTED
= 5' Easement
L,_
' r. �'�•
•
•
Note: See Sketch 21-0210B for
Line Table and Curve Table
Bearing Basis:
Texas Coordinate System of
1983, South Central Zone
(TXSC Zone 4204); MAD 83
Sheet 2 of 3
RE.V.1:JOB NO,96492871A BY: G,D.W. DATE 04/29/2O21[REV.2:JOB NO.
EASEMENT UNOBSTRUCTED
COUNTY: BRAZORIA
SURVEY DATE: 02/25/2021
SCALE: N.T S.
FILE NO. BOOK:2021
LAST PLOT DATE: 05/03/2021
DRAWN BY: DAR/GDW
MAP NO 5648 83
JOB NO: 96492871
CHECKED BY G.D.W.
BY:
DATE:
CenterPoint Energy
SURVEYING & RIGHT OF WAY
P.O. Box 1700 Houston, FX /7251--1700
7'13 .207- -2222
Firm Number: 10027400
SKETCF NO. 21-0210A
11r,,f oknof11\h A<AAlinf. rig AH)A>1laF.Iry1R]i\aFAQ>R71A1A
fG'_.i.t.,,. C ,iQMl G fill Gfl AAA
Line
Table
Ling
#
Length
.
Direction
L1
12.14'
N
87'34240"
E
L2
14.10'
S
41131'50"
W
L3
115.69'
S 41-31'50"
W
L4
1.66'
N
5'05'42"
W
L5
21.30'
N
1910'39"
W
L6
13.28'
N
80'45'
W
, 7"
L7
39.62'
N
8'05'42" W
LB
20.39'
S 8105'42"
E
L9
105.24'
S 27422'22"
E
L10
77.40'
S
4826'04"
E
Line
Table
Line
Length
Direction
m
L3`.
i 98.62'
S 55 i
3'55"
E
L32 ; 107.04'
N 41.'31'01
"
E
53 0 50 100 150
1
o 1 1
SCALE IN FEET'
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE.. TO
INTERSECT WTTH THE EXTERIORS OF ALL 'ADJOINING
EASEMENTS OR w[?'I! ADJOINING PROPER' LINES.
l
Line
Tabfe
Line
#
Length
Direction
LT'
135.52'
S 61'28'.5
E
L12
109.57'
S 5751'46"
E
L13
97.69'
S 62410'28"
E
L14
118.01'
N
74'03'53"
E
15
118.59'
S 8216158"
E
L16
97.34'
S 78'59'17'
E
L 17
79.43'
N
26'25'38"
E
1.18
127.94'
N
50'45147"
W
L19
118.35'
N 39'05'56" W
L20
116.70'
N
69-54'37"
W
Line
Table
Line #
Length
Direction
i 21
120.16'
N
64.58'54"
W .
L22
87,68'
N
82'23'02" W
L23
116.03'
N 63456'47"
W
L24
86.29'
N
56'49'46"
W
1 25
37.83'
N 75'41'466"
W
L26
33.92'
N 75-41'46"
W
l97
22.32'
N
75'41'46"
W
L28
1.27'
N
4217'34" W
L29
166.52'
S 42'1
7'34"
E
.
L30
99.91'
S 62'33'28" E
Curve
Table
Curve #
Length
Radius
Delta
Chord
Direction
Chord
Length
C1
29.10'
584.27'
2'51115"
S 88-15'19"
W
29.1
D'
C2
4233.94'
41'34124"
N
69431152" W
414.70'
584.27'
C3
9.68'
25.03'
22409'59"
N
15'23'12"
E
9.62'
Note: See Sketch 21-0210A
for Details "A", "3" and "C"
Bearing Basis:
Texas Coordinate System of
1983, South Central Zone
(TXSC Zone 4204); MAD 83
LEGEND
O= Coll & Fnd. 5/8 E.R. W/Pl. Cap
Marked "C. L. Days"
UNLESS NOTED
_ c.. 5 Easement
SSW I
Sheet 3 of 3
REV.1.JOE NO.96492871A BY: G.D.W. DATE 04/29/2021
REV_2: JO8 NO.
BY:
DATE:
EASEMENT - UNOBSTRUCTED
COUNTY: BRAZORIA
SURVEY DATE 2/25/2021
SCALE. 1"=1 '00'
FILE NO. - BOOK:2021
LAST PLOT DATE:05/03/2021
DRAWN BY: OAR/GDW
MAP NO 5648-E3
JOB NO 96492871
CHECKED BY G.D.W.
CenterPoint En erg
SURV YINIG & RIGHT OF WA
P.C. Box 170C Houston TX 77251-1700
713-207--2222
Firm Number 10027400
SKE=I CH 10_ 21-02 i 0E
\\==crcng02V.cSM\.oa 56:528711,96492371A4.'aly:is1/42t4210 R041. 530202 3:C124 AM