R2007-103 2007-07-23 RESOLUTION NO. R2007-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING EASEMENTS FOR CERTAIN
UTILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Utility Easements attached hereto as Exhibits "A" and
"B" and made part hereof for all purposes, are hereby conveyed in accordance with
terms of the Utility Easements.
PASSED, APPROVED, AND ADOPTED this 23rd day of July, A.D., 2007.
-------„,-)a),3-t I 4R4,--R
TOM REID
MAYOR
ATTEST:
Nrl ei r/' /TR i, C
ITY "‘t-CRETA`Y
APPROVED AS TO FORM:
•
a....:_ )1. (1(12—
DARRIN M. COKER
CITY ATTORNEY
Job 44508105-1
Map. 5748A
S/C , SO. HOUSTON
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU.
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL EASEMENT
STATE OF TEXAS }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, the City of Pearland, herein called Grantor, based on the doctrine of"After
Acquired Title",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,herein called
Grantee, whose principal address is P. 0. Box 1700, Houston, Texas 77251-1700, has
GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND
CONVEY unto said Grantee, its successors and assigns, all or in part, an easement
(hereinafter referred to as the "Easement Area", whether one or more) for electric
distribution and communication facilities(hereinafter referred to as"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, located on, under, over, and across the following described
lands, to wit:
Lot 30 out of that certain 69.179-acre tract of Narregang's Subdivision, a
subdivision out of the W.D. C. Hall League,Abstract 70, in Brazoria County,
Texas, according to the map thereof recorded in Volume 1, Page 92 of the
•
Plat Records of Brazoria County, Texas, being the same property under
J:UOB F LEsaza07 44 001csw450B1O5-1.Doc
07112107-sn
9
Job 44508105-1
Map 5748A
S/C I SO, HOUSTON
condemnation proceedings described in a "Notice of Lis Pendens"
instrument filed .of record under County Clerk's File 2005013856 of the
Official Public Records of Real Property of Brazoria County, Texas.
The Easement Area herein granted is described as follows:
1. Ten (10) feet wide, the location of which is shown by the crosshatched
area on Sketch No. 07-341, hereto attached and made a part hereof,
together with an unobstructed aerial easement eleven (11)feet six (6)
inches wide, beginning at a plane sixteen(16)feet above the ground and
extending upward, located southwesterly of and adjoining said ten (10)
foot wide easement.
2. Ten(10)feet wide,the location of the centerline of which is shown by the
double dot-dash symbol on said attached sketch, 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.
3. Three(3)feet wide,for Grantee's guy easement purposes,the location of
the centerline of which is shown by the guy symbol on said attached
sketch.
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 or 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 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 Easement Areas fall within Residential Developments.
Notwithstanding the description of the Easement Area set forth in the
exhibits,the parties-intend that the Easement Area granted herein shall run
to the edge of Grantor's property so that the exteriors of all ground or aerial.
easements herein granted are to intersect with the exteriors of all adjoining
easements and/or property lines without any gapsin the property granted.
J.U08 FILEsl8200T1445U8105W4508105.1.00C
07112107-smc
2
Job 44508105-1
Map 5748A
S/C , SO. HOUSTON
In the event that Grantor, its successors and assigns,desires that Grantee's
equipment be temporarily relocated, then Grantee agrees to temporarily
relocate said equipment at.Grantees expense,subject, however,to Grantor
providing a suitable and feasible site or location, in the sole opinion of
Grantee, for such temporary relocation and provided that Grantor, its
successors and assigns, shall,if requested by Grantee,furnish to Grantee a
suitable and acceptable temporary easement covering the temporary
location at no further expense to Grantee.
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 land 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.
TO HAVE AND TO HOLD the above described Easement Area, together with all
and singular the rights and appurtenances thereto in anywise belonging,unto Grantee,its
successors or assigns, 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,its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or
J.UOD FILES 82067144508105144508105.1.00C
07/12/07-•smc
3
Job 44508105-1
Map 5748A
S/C s SO. HOUSTON
any part thereof, by,through or under Grantor, but not otherwise.
EXECUTED this day of , 20 .
CITY OF PEARLAND
BY:
Title:
(Name typed or printed)
STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on , 20 , by
of the City of Pearland, on
behalf of said city.
Notary's Signature
(Name typed or printed)
Commission Expires:
AFTER RECORDING RETURN TO:
SURVEYING,8 RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC
P.O.BOX 1700
HOUSTON,TX 77251-1T00
JAJOB FILERB20071.SA508105\445O8t05=1.00C
07/12/07•srtc
4
Job 41655255-1
Map 5648
• S/C ,SO. HOUSTON
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL EASEMENT
STATE OF TEXAS }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, CITY OF PEARLAND,TEXAS,a Texas Home Rule Municipal Corporation,
herein called 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 and.
CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Texas Gas Operations,
herein called Grantees,with addresses at P. O. Box 1700, Houston, Texas 77251-1700,
has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT,,SELL
AND CONVEY unto said Grantees,their respective successors and assigns,all or in part,
an easement, (hereinafter referred to as the"Easement Area",whether one or more),for
electric distribution facilities, natural gas facilities and communications facilities,
(hereinafter referred to as"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, located on,
under, over, and across the following described lands, to wit:
JUOB FILE51020DT141655255141655255.1.DOC
07/12107
1
Job 41655255-1
Map 5648
SIC , SO. HOUSTON
That certain 49.85-acre tract or parcel of land out of the Warren DC. Hall
Survey, Abstract 70, in Brazoria County, Texas, being the same property
described in a deed from Texas Plumbing.Supply, Inc. to City of Pearland,
Texas,dated June 24, 1975 and filed of record in Volume 1250, Page 994 in
the Deed Records of Brazoria County, Texas.
AND
That certain 1.652-acre tract or parcel of land out of the said Survey and
County, being the same property described in a deed from Faith Baptist
Church of Pearland to City Of Pearland, Brazoria County, dated May 23,
1978, and filed of record in Volume 1400, Page 732 in the Deed Records of
Brazoria County,Texas.
The Easement Areas herein granted are described as follows:
1. An easement ten (10)feet wide, the location of which is shown by the
crosshatched area on Sketch Nos.07-324,07-324A and 07-324B,hereto
attached and made parts hereof, together with an unobstructed aerial
easement eleven (11) feet six (6) inches wide, beginning at a plane
sixteen (16) feet above the ground and extending upward, located
northwesterly of and adjoining said ten(10)foot wide easement.
2. An easement ten (10)feet wide,the location of the centerline of which is
shown by the dot-dash symbol on said attached Sketch No. 07-324B,
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 or its successors or assigns shall observe and exercise all
notification laws as per the.Underground Facility Damage Prevention and
Safety Act,alto 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,it's successors or
assigns, Grantor or 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 0.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 Easement Area falls within Residential Developments.
JMOB FI.ES102007W 1655255411655255-1.000
07/17/07
2
Job 41655255-1
Map 5648
SIC , SO. HOUSTON
Notwithstanding the description of the Easement Area set forth in the
exhibits,the parties intend that the Easement Area granted herein shall run.
to the edge of Grantor's property so that the exteriors of all ground or aerial
easements herein granted are to intersect with the exteriors of all adjoining
easements and/or property lines without any gaps in the property granted.
In the event that Grantor,its successors and assigns,desires that Grantee's
equipment be temporarily relocated, then Grantee agrees to temporarily
relocate said equipment at Grantees expense, subject; however,to Grantor
providing a suitable and feasible site or location, in the sole opinion of
Grantee, for such temporary relocation and provided that Grantor, its.
successors and assigns,shall,if requested by Grantee,furnish to Grantee a
suitable and acceptable temporary easement covering the temporary
location at no further expense to Grantee.
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,
togetherwith the additional right to remove from said Easement Area and land 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.
TO HAVE AND TO HOLD the above described Easement Area, together with all
and singular the rights and appurtenances thereto in anywise belonging,unto Grantee,.its
successors or assigns, 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,its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or
J:UOB FILES1B2007141555255441055255-1.000
07112107 3
Job 41655255-1
Map 5648
SIC , SO. HOUSTON
any part thereof, by,through or under Grantor, but not otherwise.
EXECUTED this day of , 20 .
CITY OF PEARLAND, TEXAS,'
a Texas Home Rule Municipal Corporation
BY:
Title:
Name typed or printed
STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on n , 26_, by
of the City of Pearland, Texas, a
Texas Home_Rule Municipal Corporation, on behalf of said corporation.
Notary's 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 77251-1'700
J:UOB FILESf62007141655255t41655255.1.00C
01/12107
4
',f,.,i4Jr.- -,,;.,,x.A-;;;•- 4 "4,. Mk i_ r ':) ,t.''',' , -,..,,-,:sv.:7,7-1.w?..2," —
'.:- **..i ' .V; . . .4. wl-'"'-fs.4,
'‘.N. 01
frit; • ''. 6 ':',-lay.., ......
1 E-
-�+• y-7 KNOB
t •
=� PROJEc.T':,�-� ,'
LOCAT ION
i .0.•/ <<<3,- . . ,,4 i 6, ,---., "--K-'.
o
•
LIBERTY PA o
o �s0
�a •' 4" .:- '
. 44 -Iin-' 1^ -1 ° ipl.. ' iF ' p G •
y :i ' ` ! •Js'
»ram - q - / "0 '4 ( t
G',' 4 .. . 7 °(./ .10r* -I.e-' ''''''-- i
' \b.+ , \ • • 0 ..:
11y 6's �rN , .f •:fit . •+�»�?,11 . • / ''
Villages at Mary's Creek S/D
N
City of Pearland
to CenterPoint'Energy
Consideration for Liberty Park Easement
Length of Ten-Foot Wide Easement with Eleven-Foot Six-Inch
Wide Aerial Easement 2,084.03 feet
Length of Ten-Foot Wide Easement with Ten-Foot
Wide Aerial Easements 233.42-:feet
Total Square Feet of Ten-Foot Wide Easement with
Eleven-Foot Six Inch Wide Aerial Easement 20,840.30 sq. ft.
Total Square Feet of Ten-Foot Wide Easement with
Ten-Foot Wide Aerial Easements 2,334.20 sq. ft.
Total Square Feet of Eleven-Foot Six-Inch Wide
Aerial Easement 23;966.35 sq.ft.
Total Square Feet of Ten-Foot Wide Aerial Easements. 4,668.40 sq.ft.
The adjoining The Carden-Jackson School, Inc. property is currently assessed by
the.BCAD at $0.39 per square foot or $1.6;988,10 per acre and is being used here as.the
basis for the CenterPoint:Energy Houston Electric,LLC offer to the City of Pearland as the
City's property has no assessed value.
CNP's offer to the City of Pearland for the 20,840.30-sq, ft. and.2,334.20-sq. ft.
ground easements is 75% of that value or $0.29 per square foot for.a total of`$6;720.6'1
[20,840.30+2,334.20=23;174.50 sq. ft.X$0.29=$6,720.61].
CNP's offer to the City of Pearland for the 23,966.35-sq. ft. .and 4,668.40-sq. ft.
aerial easements is 50% of that value or $0.20 per square foot for a total of $5,726.95
[23,966.35+4,668.40=28,634.75 sq.ft. X$0.20=h5,726.95].
The total of CNP's offer to the City .of Pearland for the subject ten-foot wide
easements with adjoining aerial easements is$12,500.00.
City of Pearland
to CenterPoint Energy ,
Consideration for Mary's Creek Easement
Length of Ten-Foot Wide Easement with Eleven-Foot Six-Inch
Wide Aerial Easement 941.09 feet
Length of Ten-Foot Wide Easement with Ten-Foot
Wide Aerial Easements 204.99 feet
Total Square Feet of Ten-Foot Wide Easement with
Eleven-Foot Six Inch Wide Aerial Easement 9,410.90 sq. ft.
Total Square Feet of Ten-Foot Wide Easement with
Ten-Foot Wide Aerial Easements 2,049:90 sq. ft.
Total Square Feet of Eleven-Foot Six-Inch Wide
Aerial Easement 10,822.54 sq.ft.
Total Square Feet of Ten-Foot Wide Aerial Easements 4,099.80 sq.ft.
The Carden-Jackson School, Inc. property adjoining Liberty Park is currently
assessed by the BCAD at $0.39 per square foot or $16,988.10 per acre and is being used
here as the basis for the CenterPoint Energy Houston Electric, LLC offer to the City of
Pearland as the City's property has no assessed value and no comparables in the immediate
vicinity.
CNP's_offer to the City of Pearland for the 9,410.90-sq. ft. and 2,049.90-sq. ft.
ground easements is 75% of that value or $0.29 per square foot for a total of$3323.63
[9,410.90+2,049.90= 11,460.80 sq.ft.X$0.29=$3,323.63].
CNP's offer to the City of Pearland for the 10,822.54-sq. ft. and 4,099.80-sq. ft.
aerial easements is 50% of that value or $0.20 per square foot for a total of $3,184.47
[10,822.54+4,099.80= 15,922.34 sq. ft..X$0.20=$3,184.47].
The total of CNP's offer to the City of Pearland for the subject ten-foot wide
easements with adjoining aerial easements is $6,500.00.
SHADYCREST S/D
„ / ,11111-' >- ...
.
f Fe , . ..',,., •12„,., e•-•..•••• ..,\ /....:
..AgAlic
r. r� ,r_ ,, PROJECT ;`
M r i , LOCATION '
/
.. r -4IN -
• ! . ., 5'�
b f f 4 so
'' 41'14k: .
•t . 1. I. • - k c' f\-v..,...4),, ,,'
_ . *..-3. s ..-::'‘.
,..-• .‘46:\li-: . '
'41
p' _
4` -�
u O
:: . 1,1„.
_iiiiir
a w {{
•
OAKBROOK S/D
4
W. D. C. HALL LEAGUE „...„....Fnd. 5/8•LR. �`\ S SU8orvrS1 N N N
— 70
� NEIRREGAN� PG. 92 'R
A LOT 6 �N VOL.` ``�
/ I
/
• 4010 Fnd. 1/2"I.R.
' (Bent) .J\
SION /
DNI' SNADYCR 8 P G u8 p.p vP
VOL. •8 CK i6 / yTs• Lor 31
gL0 89°42�
IS-
,4/ \ LOT 30
v1)
�y1 1 D' EASEMENTS
v. ..-.../
510
,"'
Lor 1 •,a o �. 3' GUY EASEMENT
/ CITY OF PEARLAND LIO
NOTICE OF LIS PENDENS -> y, �* '
1 / CAUSE NO. CI033331 \\ " - `i.Fnd. 5/B•LR:
2005013856 O.R. \`, Cs 6 - Fnd. %2"I.E. ESTATTS
ram' 69.179 Ac. ` <9 OT( 1 0
/ \ TYILT, 55�p M.R.• CHECKERHERRY LN. \ \ e Fnd. 1/2'r•R. pG. 21
\� o 29 `\ Rears VOL• 21
BRAZORIA DRAINAGE. DISTRICT NO. 4 • t r's.5
S881.5' 1Y
01 038835 O.R. d
LEGEND 5.681 Ac. P
• = Coll & Fnd. 5/8" I.R. REF.: 84 56 449 O.P.R.
Unless Otherwise Noted. LOT 28 e 0
OF ,-. — • • = 10' EASEMENT •. s'y�P,
,tj V.WS7E'411 ? — • —= 30' AERIAL EASEMENT \ oJar`•LOC it f s��y9c
• Kip• UNE DISTANCE BEARING g . 1' u'?,is
a ..:... LI 8,30' S 44:5827" W 4t f7, ;9,,,.0.�
L2 H
N N• 5 S N 4446'13" E dap �"AME1yD{hlct 4LA
$i 4�'j Y L7 38.45' N 44'46'13• E 9Sh THE FINAL P SION Fnd. 5/B'l.R.
/�. L8 46,86' 5 45'40'19' W �: B�$� ,�OpF OOK SUEDIVI p p;
h'A r,._'_ 5..�,•.! L9 141.50' N 45'11'30' W D R " PG. 245 LOT 22 \
L70 42.00' N 45'04'30• W �.\ VOL, 19
REV.1:JOB NO. BY: DATE: I REV.2:JOB: NO. BY: DATE:
100 0 100 200 300 EASEMENT - UNOBSTRUCTED LAST PLOT DATE:6.-15-2007 CenferPoint Energy
COUNTY: BRAZORIA DRAWN BY:M. D. LEE
SCALE IN FEET DATE JUNE 15, 2007 MAP NO: 5748 A3 SURVEYING & RIGHT OF WAY
NOTE:ITHE
WITH THE OF EXTERIORS EASEMENTS
ADJOINING ARE TO SCALE: 1" = 200' JOB NO: 44508105 P.O. Box 1700 HoWston, TX 77251-1700
EASEMENTS OR WITH ADJOINING PROPERTY LINES. FILE NO. BOOK:2007 CHECKED BY: CFC. SKETCH NO. 07-341
. '
ic Aid 1/2"LFL WARREN DC HALL SURVEY A--70 cl-s." Ilk c(Y....:::. :•,.
jAMES•D.HAMILTON ....1
13
S 41'45'08n W 2083.37' 5171 -e--ef
7
r• "p"
F41'.4fS51 o'A 1,
-4,-.....„....„----- s 50•04'sf"E MEW 0 ....... 1., -7
44
..,
co sii 1 OF 3
N. I*
03 .
- .
4. C
I.3 t2/ • .)1.
THE CITY OF PEARLAND Z
P:1
41. Vol. 1250, Pg. 994 D.R.
19 49.85 Ac. R-
,,,q,
-4.. Y
ii CZ)
0 z
\_:...
F p
a. Southeast Deed line of
8 Vol. 1250, Pg. 994 D.R. a
.ss
.,% 1 01 E4SEMENT I1
Gi
in 1.3
....%
S 41'45.08. W. 2684.03'
., .„ ,,--
N 41-41 09 E
N 41'41.1)914 E 1965.92' .•
'.1 '•. Existing 10' Northwest..Deed line of
1
',CenterPoint Energy Easement A F7NAL PIOT OF THE VILLAGES OF
• Vol. 1397, Pg. 725 MARY'S CREEK SEWN ONE PHASE ONE
p
1 ' , Sketch No. 77-1281 Vat 23, Pg. 93,P.R.
i ..
•
A FINIAL PLAT OF THEIYILLAGES OF ,
ii ..--, •' ,_ __, _.. _ .
:I \,,,-- --..gARr SrCREEK SETION OgE PHASE ONE
VOT.--2;87[15-67.a:8 P:r---
. ,
=
.: REV.1:JOB NO. BY: DATE: 1 REV.2:JOB NO. BY: DATE:
50 0 50 100 150 EASEMENT - UNOBSTRUCTED LAST PLOT DATE:06/19/07 CenterPoint Energy. 1
, COUNlYi BRAZORIA DRAWN BY:J.D.H.
SCALE IN FEET '
') DATE: 06/19/07 MAP NO: 5648 SURVEYING & RIGHT OF. WAY
NOTE:THE EXTERIORS OF ALL EASEMENTS ARE Tot; P.O. Box 1700 Houston, TX 77251-1700
INTERSECT WITH THE EXTERIORS OF ALL.ADJOININGi SCALE: 1 n= 100 JOB NO: 41655255
EASEMENTS OR WITH ADJOINING PROPERTY UNES. '
FILE NO. — BOOK:2007 CHECKED BY: C.F.C. SKETCH NO. 07-32.4
.
.i.v3Dftesumutuvubs.32sslari5iui-Ja.ove),biziiivui ligi4:46-Atr'
t •
. , .....
0 F ''''''-:•:-.
.470XGISTC.P.,,.•,„ '„ WARREN DC HALL SURVEY A-70
- q..- * Ca..'..{.F..•',
Perai,
JAMB D.HAMILTON '.i
S 41'45%8" W 20B3.37'
% r0 ox4.-ci
.+0' •-•?•• t.
SUP1
.. .
—•
SH 2 OF 3
C
•
z
3c 19
> THE CITY OF PEARLAND
Vol. 1250, Pg. 994 D.R. K
m _ 49.85 Ac.
C
z
V? z
K P
M • o
,4
2 1 .
Z t4,_
P
Southeast Deed line of
VOL 1250, Pg. 994 D.R.
-4
I 10' EASEMENT Existing 10'
N., . CenterPoint Energy Easement
4.- VOL 1397, Pg. 725
Sketch No. 77-1281
S 41'45'05" W 2084.03' (Called)
a -
- — _. .....-..... .......—. ...-.--. .--)-... ...-... ......—. .......-..-.. .......-- --.....-,•----. .;..-7._ ..___....• ............ _.......... ....._....• .._...-7 -. ..._......_---,\5_
Northwest Deed line of
A FINAL PLAT OF THE VIUAGES OF
MARYS CREEK SET/ON ONE PHASE ONE • u)
...t
o 0
t.--a:P•ha
Pd. N 41 4109 E
Northwest Deed line of
A FINAL PLAT OF THE VILLAGES OF
MARY'S CREEK SET/ON ONE PHASE 2 1965.92
F.C.# 2005.35759 M.R.
Vol. 23, Pg. 9.3 P.R. .
1,, A FINAL PLAT OP 7' E VILLAGES OF ., 1 A 'FINAL PLAT at THE VILLAGES OF ;
'MARY S CROEIC SE TIOltS" ONE PHASE ONE . t-tt .M.A.OrS CREEK S TIO.N7 ONE PHilSE .2 .
ol. 23, Pg.i 93 P.R. i
i 1 F.c.# zods, .36759 .M.R. ,
1
. .
. • REV.1:JOB NO. BY: DATE: 1 REV.2:JOB NO. BY DATE:
50 0 50 100 150 EASEMENT -
•
SCALE IN UNOBSTRUCTED LAST PLOT DATE:06/19/07 CenierPoint Energy
COUINTIY: BRAZORIA DRAWN BY:J.D.H.
FEET
NOTE THE ERIORs OF EASEMENTS DATE: 06/19/07 MAP NO: 5648 SURVEYING & RIGHT OF WAY
: EXT ALL ARE TO P.O. Box 1700 Houston, TX 77251-1700
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING SCALE: 1"= 100' JOB NO: 41955255
EASEMDITS OR WITH A.DJOINING PROPERIY LINES.
FIE NO. - BOOK:2007 CHECKED BY: C.F.C. SKETCH NO. 07-324A
..i.v.heswiumcp.b.mdwg,u.i.a.4.,„,war.,mg,.Apr--
--.\•- Fnd. 5/8"I.R. (BEARING BASIS: (89)708 163 O.R.)
N 41'31'50" E 586.62'
DP
Cl, r• i\r"-
232.20'
Existing Q 10'
r.:,
0 THE CITY OF PEARLAND CenterPoint Energy Easement
a
Vol. 1250, Pg. 994 D.R. Vol. 1403, Pg. 502 01
C 1%) 49.85 Ac. Sketch No. 77-1399 .p.
z i
IP m co`7,
,A
ul -
8
3 •P• THE CARDM—JACKSON SCHOOL, INC. a
rrl
Z :-. 1:3 Deed Una (89)708 163 O.R.
P i.,.3, Et (Vol. 1400, Pg. 732 D.A.) 8.031 M.
)
o 13
-NI • .
1 -b 0
Crl 'S — -
)
•NP). ila3 S3 1 t'll
> 3.R. N.1‘.,, 2
SI ' . .0.
.,. THE CITY OF PEARLAND 10 EASEMENT
....I
Vol. 1400, Pg. 732 D.R. 5.4
1.652 Ac.
o -LT!
'
* t--a
q N 4145'08"E
2064.03' 1,4,,_—
,_ .. .r..../ / ........ . 1... .233.42'. . ---Nr--- 11:1 41.45.qs" E 393.53 . . 4
1965.92' \
WARREN DC HALL SURVEY A-70 SHEET 3 OF 3
70' ....„
`e• •-. s .,
41.$- '''•-•.,.. _ ----- ---....,---....,.. „..s......,...
„.......-. •( .,:-...,..!i'.". ••
• 4/7 -..... __..----- --..... ,,,,,.,,e.gi''.:1 rc,/,-, , ,.
, -....-... 4/12-' * 44.v.. • "......
. .
JAMES Dii FITIA NI I 1.....Tvel'.7‘i
'*--. C. 150 0‘4',7:•,,'::v9/,:_.....,..
\ 14,,,541.a%-•c,-k•-,0
.
,
. • - suix•I ...=--,-.-
. .,,
LEGEND .. . ,
• . •
_ .. ... .. Call & Fnd. 1/2" I.R. ..•
-:' .
Unless Otherwise Noted. — -• •"':-/L''' "
, .
. .REV.1:JOB.NO. BY: DATE: I REV.2:JOB NO. EM. / DATE:
!
50 0 5, ,0 100 150 EASEMENT — UNOBSTRUCTED LAST PLOT DATE:06/19/07 CenterPoint Energy,
l COUNTY: BRAZORIA DRAWN BY:J.D.H.
SCALE IN FEET SURVEYING & RIGHT OF WAY
DATE 06/19/07 MAP NO: 5648
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO P.O. Box 1700 Houston, TX 77251-1700
INTERSECT WITH.THE.EXTERIORS OF ALL ADJOINING SCALE: 1"= 100' JOB NO: 41655255
EASEMENTS OR WITH ADJOINING PROPERTY UNES.
FILE NO. — BOOK:2007 CHECKED BY: C.F.C. SKETCH NO. 07-324B
IR.H8wiuuz‘4i.5,..5-rownp-u-4.0,EN-40-xuauf,Raw1
•
City vs.Bureau Veritas(BV)
Fee Analysis
'?Is . R.�r. �..,.y >�slriesg�ame.,- ,„,�,...< Permit#;^ y;�,N„,{tdttr'ess_ F,<� '.,_ 1Jaluatton , �'�G3 .of P!oart£util=a�s;�. w„� ,� " * =�-IYreiu 1terltas'Bif}Fees:`�.-40*. :Viirlance.,s
Plan Check Permit t � _ 80%City(Plan&Permit) = . -
' Plan Check Inspections a 3 '
4
1/20/05 Telephone Equipment Shelter-SBC 05-0053 13101 Biscayne Bay Dr#SBC $10,000 $30.00 $85.00 4 Y�8 ..0$24.00 $68.00 $ :$0 "80 .
.;: M' 1
8/2/05 West Oaks HOA Covered Play Area 05-2209 6601 Old Oaks Blvd $41 320 $110.00 $245.00 ' i, 856 Qr $88.00 $196.00 . 3: a ; 0 00�`�0
4/11/05 Murphy Oil USA - 05-931 1917 Main St $170,000 'i $335.00 $768.00 mt$„ 0 ,F50w ':$268.00 $614.00 , s< 1,,$0 09
3/17/05 Silverlake Storage Addition 05-0056 9809 Broadway $400.000 - $680.00 $1,838 00 A '015;$A.5t"$544.00 $1,470.00 6,1231,141i t 79 96°
m °w i`a a , .
7/11/05 Wachovia Bank(sitework&bldg.) 05-3551 2904 Broadway $1,210,000,. $1,735.00 $3,740.00 $5!i47.5;004a,r$1,388.00 $2,992.00 $+4P8O® 8000
4/22/05 518 Business Park Bldg A/Sitework 04-5302 2911 Broadway St $1,500 000 i $1,985.00 $4,432.00 -t' i$$A 7 t"$1,588.00 $3,545.60 $51$$;'$0 v B0 0 i
1/4/05 Waterford Place Apartments 04-5293 2200 Business Center Dr $14,208,000 $14,538.00 $29,338.00°x ,$7 65 $11,630.40 $23,470.12 • 4*!3 °,*. .80 .0 .
Y
*The fee analysis concur with the 80%compensation agreed to by Bureau Veritas.
�Au y�9
7628
BUREAU
V E R I TA S
June 19, 2007
Master contract for plan review and inspection services
This contract is meant to govern all plan review and inspection services provided by Bureau
Veritas North America Inc., (herein called "BVNA"), for The City of Pearland, Texas
(jurisdiction). BV will have an exclusive contract for Third Party Plan Review and Inspection of
the Pearland Town Center as identified in the zone change approved by the Pearland City
Council on June 6, 2006, under ordinance number 2000M-8.
BV and the representatives of BV are charged as the Department of Building Safety for the
provisions of the jurisdiction's Adopted Building Code, Mechanical Code, Electrical Code,
Plumbing Code, Energy Code, and Fire Code as defined by the 2003 International Building
Code as published by the International Code Council.
BV and the representatives of BV are charged with the enforcement of the provisions of the
jurisdiction's Building Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code,
and Fire Code acting in good faith and without malice in the discharge of the duties required by
these codes or other pertinent law or ordinance shall not thereby be rendered personally liable
for damages that may accrue to persons or property as a result of an act or by reason of an act
or omission in the discharge of such duties.
Plan Review
Plan Review services shall be conducted as required by the jurisdiction's Building Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Fire Code, and other
provided documents as approved by the jurisdiction. Applicants will be notified of Plan Review
Comments and are responsible for addressing comments to the satisfaction of the jurisdiction.
The jurisdiction has final interpretive authority over all plans and specifications. Permits are
issued by the jurisdiction.
At the completion of each review, BV shall submit in form and format acceptable to jurisdiction,
written documentation addressing compliance of the documents with applicable codes
referenced within this document governing the design and construction of the project.
Inspections
Inspection services shall be conducted as required by the jurisdiction's Building Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, and Fire Code. Special
inspections as specified in chapter 17 of the 2003 International Building Code are not included
and may be required as specified in the 2003 International Building Code. Any violations of the
e'UV9
a 1I1)
N
+e s
BUREAU
jurisdiction's codes or concealment of any work prior to approval by BV will be reported to the
Building Official of the jurisdiction. The Building Official of the jurisdiction is the final interpretive
authority and the Certificate of Occupancy will be issued at the discretion of the jurisdiction.
BV shall perform all inspections the next business day upon notification by jurisdiction. BV will
be available for morning and afternoon inspections upon request.
BV will verify the landscape and number of parking spaces requirements in accordance with the
city approved site plan.
BV shall require that design documents identify"Special Inspections" per Chapter 17 of the IBC.
BV will receive and review inspection reports from the special inspectors.
Term and Termination
This Contract term will begin upon execution and terminate on or before
The City shall pay BV for all services rendered to the date of termination. This agreement may
be terminated without penalty by either party with 90 days written notice.
Modifications
City without invalidating the Contract, may order changes within the general scope of the work
required by the Contract by altering, adding to and/or deducting from the work to be performed.
If any change under this clause causes an increase or decrease in BV's cost of, or the time
required for, the performance of any part of the Services under the Contract, an equitable
adjustment will be made by mutual agreement and the Contract modified in writing accordingly.
Insurance
A. BV shall procure and maintain for the duration of this Agreement, insurance against claims
for injuries to persons, damages to property, or any errors and omissions relating to the
performance of any work by the Architect, its agents, employees or subcontractors under
this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in the
aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with minimum
limits of $1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for each occurrence of damage to or destruction of
property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired,
and non-owned vehicles, with minimum limits of$1,000,000 for injury or death of
Page 2 of 5
p
R iU 9
O U y
legs
BUREAU
any one person, $1,000,000 for each occurrence, and $1,000,000 for property
damage.
B. BV shall include the City as an additional insured under the policies, with the exception of
the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance
and endorsements shall be furnished to the City before work commences. Each insurance
policy shall be endorsed to state that coverage shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City. Upon request, certified copies of
all insurance policies shall be furnished to the City.
Indemnity
BV shall indemnify and hold the City, its officers, agents, and employees, harmless from any
claim, loss, damage, suit, and liability of every kind for which BV is legally liable, including all
expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the negligent act or
omission of BV, his officers, employees, agents, or subcontractors under this Contract.
Assignment
BV shall not assign this Contract without the prior written consent of the City.
Law Governing and Venue
This Contract shall be governed by the law of the State of Texas and no lawsuit shall be
prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria or
Harris Counties, Texas.
Entire Contract
This Contract represents the entire Contract between the City and the BV and supersedes all
prior negotiations, representations, or contracts, either written or oral. This Contract may be
amended only by written instrument signed by both parties.
Dispute Resolution Procedures
BV and City desire an expeditious means to resolve any disputes that may arise between them
regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot
be settled through negotiation, then the parties agree first to try in good faith, and before
bringing any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
Page 3 of 5
f8 Vf9
+ a
u>
182.
BUREAIMEGIMM
Fees
In exchange for the services, the jurisdiction will pay to BV fees according to the schedule
attached hereto and incorporated herein for all purposes on Schedule A. The jurisdiction will be
billed for services rendered monthly, due Net 30. BV may impose additional fees on the
jurisdiction for "after hour/weekend" inspections. The term "after hour/weekend" inspection is
defined as any inspection occurring outside of the jurisdiction's normal business hours or when
the jurisdiction is closed.
Representative of Bureau Veritas Title
Print Name Date
Jurisdiction
Representative of Jurisdiction Title
Print Name Date
Page 4 of 5
0 �
7:QB
RURE AU
VERlTAS
Schedule A
Commercial and Multi-Family construction plan review*
The compensation for plan review is 80% of the plan review fee as calculated from the
Jurisdiction's Fee Schedules.
Commercial and Multi-Family construction inspection*
The compensation for inspection is 80% of the permit fees as calculated from the Jurisdiction's
Fee Schedules.
*All fees will be billed upon issuance of the permit by the jurisdiction.
After hour/weekend inspections $150.00 per hour(2-hour minimum)
Page 5 of 5
0
Bill Eisen/COP To Fred Welch/COP@ci.pearland.tx.us,Young
06/19/2007 08:32 AM Lorfing/COP@ci.pearland.tx.us
cc
bcc
Subject Re: Ex sesion
Young, please add this to the agenda fro June 25.
Fred Welch/COP
Fred Welch/COP
06/18/2007 07:49 PM To "Bill Eisen"<beisen@ci.pearland.tx.us>
cc
Subject Ex sesion
Can qe schedule exec session for ED incentives? I need to give an update on the office projects
Fred
Fred Welch CEcD
Executive Director
PEDC
e-mail fwelch@ci.pearland.tx.us
office 713-775-4068
Sent from my BlackBerry Wireless Handheld