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R2007-182 2007-11-19 RESOLUTION NO. R2007-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Utility Easement attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby conveyed in accordance with terms of the Easement. PASSED, APPROVED, AND ADOPTED this 12th day of November, A.D., 2007. ,____301., P, .o.„.",,,,,, c44o,, TOM REID :m= MAYOR a_E— �.i- x= ATTEST: 'J. /\ A UNG F G:%'R IC TY S CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit„A„ Resolution 2007-182 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: J:'JOB FILEMB2007411655255441655255A-1.DOC 09/17/07 1 Job 41655255-1 Map 5648 S/C 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. Easements ten (10) feet wide, the locations of which are shown by the crosshatched areas on Sketch Nos. 07-324 and 07-324A, revised September 17, 2007, 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 and southwesterly of and adjoining said ten (10) foot wide easements. 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. 07-324, 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, 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, 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 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 Area falls within Residential Developments. J:\IOB FILESS2007411655255k11655255A-1.DOC 09/17/07 2 Job 41655255-1 Map 5648 S/C 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, 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:UOB FILES\B2007141655255141655255A-1.DOC 09/17/07 3 Job 41655255-1 Map 5648 SIC SO. HOUSTON any part thereof, by, through or under Grantor, but not otherwise. EXECUTED this 12th day of November , 2007 . CITY OF PEARLAND, TEXAS, a Texas Home Rule Municipal Corporation BY: Title:Bi l l Eisen, City Manager 11/12/07 Bill Eisen Name typed or printed STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on t eAne (I a , 20 07 by e111. , Glty Mo.vlct of the City of Pearland, Texas, a Texas Home Rule Municipal Corporation, on b alf of said corporation. nuuomu 1ii - e .�IIn/„ LPN.. E. T,q ,, ��tary's Signature •%DtARyIDGB•`O �-3-04-4ne. E. ox , 0 l a i‘'" ° _ Name typed or printed I V. • '� OFTE1�y 0 — 06 ("ROO 5 �,7:17D�RES �.�� 0 200 Commission Expires omniimulloo AFTER RECORDING RETURN TO: SURVEYING&RIGHT-OF-WAY CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC P.O.BOX 1700 HOUSTON,TX 77251-1700 J:'JOB FILES 162007411655255411655255A-1.DOC 09/17/07 4 RESOLUTION NO. R2007-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH URBAN SOLUTIONS ASSOCIATES, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract between the City and Urban Solutions Associates, LLC, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract between the City and Urban Solutions Associates, LLC. PASSED, APPROVED and ADOPTED this the 17th day ecember, A.D., 2007. ,4g:GARLq RE I D Los MAYOR ATTEST: " Y• NGRFIN RI Y SECRETARY APPROVED AS TO FORM: (k_\ ak DARRIN M. COKER CITY ATTORNEY USA PARTNERS * SPORTS ALLIANCE AGREEMENT This Agreement is entered into this 15TH day of December, 2007, by and between Urban Solutions Associates, LLC DBA USA Partners *Sports Alliance (hereafter USAP), 230 Canal Boulevard, Suite 3, Ponte Vedra Beach, FL 32082, and the City of Pearland(hereafter the "City"). WHEREAS, USAP is skilled in fundraising, sports design and operations, celebrity events with respect to sports facilities and wishes to assist the City in raising cash and obtaining in-kind services for the Pearland Regional Sports Park which is estimated to cost approximately$25,000,000; and, WHEREAS,The City desires assistance with respect to obtaining the capital to complete construction of its Pearland Regional Sports Park complex; NOW THEREFORE, the parties agree as follows: 1. TERM OP AGREEMENT: The term of this Agreement shall be one year from the date of the agreement. 2. SCOPE OF TJSAP SERVICES: USAP agrees to do and provide each of the following for the benefit of the City: A. USAP will register with Texas Secretary of State as a foreign LLC to obtain authorization to do business in Texas within 5 business days of the date of this agreement; B. USAP will review the current City plans and budget to see if any discounts or other in-kind services are available within the USAP network and will present a final fundraising goal by January 15th, 2008, which goal will not be less than$12,500,000; C. . USAP guarantees it will raise at least $2,500,000 in cash and/or approved in-kind services for the City within 180 days of the date of this Agreement ("Initial Performance Period"). Failure to raise at least $2,500,000 cash and/or approved in- kind products or services during the Initial Performance Period shall result in USAP forfeiting and refunding to the City the entire Engagement Deposit referenced below; D. USAP and the Legends celebrity network, with which USAP is affiliated, will organize and attend a To Be Determined (TBD) , 2008, Public Relations event to announce the fund raising program and a major celebrity golf tournament in 2008 and circulate information respecting the tournament to its network of partners for attendance, contributions and sponsorship opportunities. USAP will be responsible for all • marketing, event related management and will secure at least four (4) Legends members to attend the event; 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543.7285 • C 904.910.5318 • F 904.543.7287 USA PARTNERS * SPORTS ALLIANCE 4yy� 3. CONSIDERATION: As Consideration for its services, USAP shall receive the following: A. An Engagement Deposit of $250,000.00 which will be paid to USAP following the signing of this agreement. The engagement deposit will be disbursed in five equal installments commencing December 19, 2007, due on the 19TH day of the next four months ("Installment Period"): January, February, March, and April, and 2008. The City has the right to terminate this Agreement at any time during the Installment Period. In the event the City exercises the termination rights contained herein, USAP shall forfeit and refund, to the City, any portion of the Engagement Deposit previously paid by the City. B. A success fee of 12.5% of all funds and approved in-kind products or services raised or obtained by USAP for the City in excess of$2,500,000, during the term of this Agreement. Payments from.the City to USAP will be made monthly following receipt of funds and/or in-kind services by the City. C. USAP will offer, and the City has the option of accepting, a matching grant design service that will place an emphasis on multi-purpose uses for special needs. These design templates will focus on federal, state and foundation funding sources that have been successful in. other USAP funded projects. This service represents an in kind value of 3.5% of the overall recreation budget that will require a 3.5% design fee. For example, a $1,000,000 approved phase would require a $35,000 design fee and USAP will donate the other design services of$35,000. The City is under no obligation to use these services if existing design services have been completed. USAP will engage KRWDesign to perform the design services. KRWDesign's owner spent 18 years as the head of . recreational design for golfing legend, Arnold Palmer's design company - Palmer Course Design Company. If the City opts not to use USAP Design services, the in-kind value of such will not be included in the calculation of in-kind services generated by USAP; This is an option to the city which the city has every right not to utilize. The city has the rights to choose whatever engineer/architect firm they desire. D. USAP shall also be entitled to reimbursement of its travel, lodging, materials and entertainment expenses related directly to this project; all expenses for which reimbursement is sought have to be pre-approved in advance by the City. USAP shall not be entitled to any reimbursement of any expenses unless and until USAP shall have successfully raised $500,000.00 in cash for the City. Payable expenses shall be invoiced monthly and paid within 30 days of invoice. It is understood that that all USA Partners consulting fees will be paid out of the engagement deposit. 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543.7285 • C 904.910.5318 • F 904.543.7287 • USA PARTNERS * SPORTS ALLIANCE w'iAm� • E. On or before January 15, 2008, USAP will complete a grant template document that will position the City as a major youth sports destination to compete for regional and national youth tournaments for baseball, soccer and other activities with special design considerations for special needs and FEMA-Homeland Security emergency uses. This grant document, once approved by the City, will to be promptly submitted to USAP funding partners; F. USAP herewith commits to raising a minimum of $ 2,500,000 cash in matching grants and/or City approved in-kind product and services during the Initial Performance Period, and completion of the ultimate goal of at Ieast$ 12,500,000 during the 12 month term of this Agreement on a best efforts basis. An example of approved in-kind products would be City receipt of artificial turf or stone base at preferred vendor discount value which value can be confirmed and credited as an approved in-kind grant (i.e., if the market value of the turf or stone is $100,000 and the City is able to obtain it through USAP's efforts as a cost of$50,000, USAP shall be credited with having raised $50,000 in-kind.) The City, at its sole discretion, must approve both any in-kind product or service and agree to the value to be assigned to the in-kind product or service; but in no event shall the City be required to accept in-kind products or services under the terms of this Agreement. G. USAP& the Legends celebrity network will, within the first 60 days of the date of this agreement, organize a 2008 fundraising golf tournament and local fundraising campaign with the intent of creating a national mentoring program to attract young people from around the state and country. The format of this tournament will• be such that it can be' conducted as an annual fund raising event by the City; H. USAP will provide a monthly written report to the City detailing its efforts, grant applications, and status of funds received to date, no later than the 15th day of each month, commencing January 15, 2008 (it is understood that the final report and invoices will be submitted in December, 2008, following expiration of the one year term of this agreement but will be treated as if submitted during the 12 month term of this agreement); USAP will adhere to all mandated "safe harbor" success fee grant and Investment Banking guidelines which guidelines will be submitted to City for review and must approved in advance by the City; J. USAP shall insure that all cash secured for the City is paid directly to the City within thirty days of its receipt by USAP. 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543.7285 • C 904.910,5318 • F 904.543.7287 USA PARTNERS * SPORTS ALLIANCE t `.�'�.. 4. ILLEGAL ALIENS: USA? shall not knowingly employ or contract with an illegal alien to perform work under this agreement, or enter into a contract with a subcontractor that fails to certify to USAP that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract. a. USAP has verified or attempted to verify through participation in the United States Citizenship and Immigration Services' Basic Pilot Employment Verification Program (hereinafter referred to as the `Basic Pilot Program") that USAF' does not employ any illegal aliens. If USAP has not been accepted into the Basic Pilot Program prior to entering into this agreement, USAP shall apply to participate in the Basic Pilot Program every three months until USAP is accepted or the agreement for services has been completed, whichever is earlier. USAP shall not use the Basic Pilot Program to undertake pre-employment screening of job applicants while the agreement is being performed. b. If USAP obtains actual knowledge that a subcontractor performing work under this agreement knowingly employs or contracts with an illegal alien, USAP shall: i. Notify the subcontractor and the City within three days that USAP has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract if within three days of receiving actual notice the subcontractor does not stop employing or contracting with the illegal alien, except that USAP shall not terminate the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. iv. If USAP violates the provisions of this section, the City may terminate the agreement for breach and USAP shall be liable for actual and consequential damages. 5. BUSINESS RELATIONSHIP: Nothing in this agreement shall be construed to create any business relationship between the parties other than USAP performing services as an independent contractor for the City. USAP shall not have the authority to contract in the name of the City, or incur any debt in the name of the City. 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543.7285 • C 904.910.5318 • F 904.543.7287 USA PARTNERS * SPORTS ALLIANCE 6. INTEGRATED AGREEMENT: This Agreement, with Attachment A, constitutes the entire agreement between the parties, and there are no agreements, understandings, restrictions, warranties, or representations between them other than those set forth herein. 7. CITY POLICIES: The parties understand and agree that the City policies related to capital construction apply to this agreement, and USAP agrees to abide by and follow the mandates of all such City policies. • 8. CHOICE OF LAW: The laws of Texas shall govern this agreement. Any action, whether legal or by arbitration or mediation, shall be held in Brazoria County, Texas. Any legal action shall be brought in the courts of Brazoria County, Texas. 9. TIME: Time is of the essence for this Agreement. 10. ATTORNEY FEES: In the event of any action between the parties, whether by arbitration or litigation, for the recovery of any payment due under this Agreement, or for the breach of any provision of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all of prevailing party's costs and expenses incurred, including its reasonable attorney fees and other related legal expenses. 11. ASSIGNMENT: No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543,7285 • C 904.910,5318 • F 904.543.7287 USA PARTNERS SPORTS ALLIANCE Attachment A to USAP - City of Pearland Agreement USAP Funding Sources USA Partners*Sports Alliance: 1: US Soccer Foundation: $500,000 request 2. USGA: $250,000 request 3. American Youth Football: $250,000 request 4. Tiger Woods Foundation: $100,000 request 5. Arnold &Winner Palmer Foundation: $250,000 request 6. Golf Course Superintendents Association: $250,000 request 7. PGA Tour: TBD 8. Nike Go: $50,000 request 9. eBay Foundation: $ 1 million matching grant ($50 million available) 10.Fieldturf/TourTurf/Sprinturf:TBD in-kind request Comorate / Foundation Contacts: 1. American Express Foundation: John Linen,Vice Chairman 2. Nationwide Insurance Foundation: Wayne Jergenson, CEO 3. Wyeth Foundation: Robert Essner, Chairman&CEO ($500 million) 4. Myriad World Resort: Nick Lopardo, Chairman ($2.3 billion project to leverage) 5. Bank of America Foundation: Hugh McCall, Former Chairman ($200 million) Federal Programs: 1. Laura Bush-Anti-Gang Mentoring Fund ($50 million per year) • 2. EPA-Brownfield Program($729 million) 3. HUD - Brownfield Program ($729 million) 4. HUD-Youth Build Program ($65 million) 5. HHS-Youth Obesity Program ($1.2 billion) 6. HHS-Community Service Block Grant ($495 million) 7. HomeIand Security-FEMA Staging- Emergency Responder pilot site 8. Department of Nation Parks and Services 9. USA Freedom Corp- ($450 million youth mentoring program) 10.Department of Education-($32 million Community Technology Center) 230 Canal Boulevard,Suite 3•Ponte Vedra Beach,FL 32082 0 904.543.7285 • C 904.910.5318 • F 904.543.7287 USA PARTNERS * SPORTS ALLIANCE N_ IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN. Urban Solutions Associates, LLC, City of Pearland,Texas DBA USA Partners*Sports Alliance By JIJ Daniel Bill Eisen Managing Principal City Manager 230 Canal Boulevard,Suite 3•Ponta Vedra Beach,FL 32082 0 904.543.7285 • C 904.910.5318 • F 904.543.7287 p L `- LIBERTY DR. (60') Fn 5/e'LR. (Vol. 1271. Pg. 566 D.R.) oA _m N 41'31'50" E 586.62' N Di to (BEARING BASIS: (89)708 163 D.R.) �- 232.20' pP (L7Il'-*1 u1 7 V14 •morn En , •tiA` �� N > o E m , ,�, R.0' D R) 10' EASEMENT '+ C c CCARDEN-JACKSON SCHOOL, INC. Itl THE OOL, o IJ Deed Line (89)708 163 O.R. N � $ (Vol. 1400, Pg. 732 D.R.) G 8.031 Ac. 7mC o ^ . 2 g U w$ [ g mN . w 0 a; THE CITY OF PEARLAND / m I `'" Vol. 1400, Pg. 732 D.R. V 1.652 Ac. / t`a o N41'45'08"E 2Tf 03.- / ` . _J__. .233.60'. . - 7,\.... WARREN DC HALL SURVEY A-70 1965.92o SHEET 1 OF 2 70 \ 4/7 -..--..-.... ...--------- -...,, iile,e.gatii3;7::::':,;..1, i• -- 70' (: W D.flAM(1.19.:i 5171 Q.��,„f= l' N \` '�v •S Ll C+y --' LEGEND 2" _ - •= Call & Fnd. 1/2" '— . __ -s Unless Otherwise Noted. .' ,f REV.1:JOB NO.41655255A BY:J.D.H. DATE:17/09/07 REV.2:JOB NO. DATE: 50 9 50 100 150 ' EASEMENT - UNOBSTRUCTED LAST PLOT DATE:09/17/07 CenterPoint Energy COUNTY: BRAZORIA DRAWN BY:J.D.H. SCALE IN FEET DATE: 06/19/07 MAP NO: 5648 SURVEYING & RIGHT OF WAY INOTE: THENTERSECT WITH THESE OF ALL XTERIORS OF AU. P.O. Box 1700 Houston, TX 77251-1700 A . ADJOINING SCALE: 1"= 100' JOB NO: 41655255 EASEMENTS OR wrnI ADJOINING PROPERTY LINES. FILE NO. - BOOK:2007 CHECKED BY: C.F.C. SKETCH NO. 07-324 ):poo h reiWLW/\41bbb o!,dW9\O/-1L4.UWg,9/1//LW/1L:415()FM End 1/`1'I.R ''' i S 41'45'08" W 2083.37' / O F- ;; 1 Cot!Fnd 1-1/2"LP. ,' P 4%ST %1�'rt .', • JAMbi0,HAMILTON z WARREN DC HALL SURVEY A-70 ��.�� ' ���,_,, �P.;�f• -° suaCO v . CO N O s / c - /' * % THE CITY OF PEARLAND � T Vol. 1250. Pg. 994 D.R. /` SHEET 2 OF 2 49.85 Ac. o N 3. O o y —1 -ia 2 C7 Q O C �i z fD. Southeast Deed line of l.1 Vol. 1250, Pg. 994 D.R. 'Q EASEMENT V v S 41'45'08" W 2084.03' (Called) 5o TI TI j7_ • Tl 1. •:: ••� ..:••.j, •..•.:•..••..•..•.:••.••..••.••.• ••••��•" � • 1965.92 •..�.....•. ...••• ••''•N•41'41'09• " E N41'4435 E� 446.79--- �--`}�.:• \1 End. 5/b'LR ' to ' Northwest Deed line of �....$p Northwest Deed line of I { A FINAL PLAT OF O A FINAL PLAT OF Existing 10' Cu • THE VILLAGES OF MARY'S CREEK 11'. THE VILLAGES OF MARYS CREEK CenterPoint Energy Easement J to SET/ON ONE; PRASE ONE ;co SETION ONE, PHASE 2 Vol. 1397. Pg. 725 Vol. 23, Pg. 93 P.R. -we F.C./200535759 M.R. Sketch No. 77-1281 ,, I m S 40'34'20" W _ .7. 685.5T . t+J j L A FINAL PLAT OF/ j j THE VILLAGES OF MARY'S ' CREEK SETION ONE, PHASE ONE Vol. 23, Pg. 93 P.R. A FINAL PLAT OF THE VILLAGES OF '! MARY'S CREEK SETION ONE PHASE 2 F.C.# 200535759 M.R. REV.1:JOB NO.41655255A BY:J.D.H. DATE:09/17/07 I REV.2:JOB NO. BY: DATE: 50 0 50 1(0 150 EASEMENT — UNOBSTRUCTED LAST PLOT DATE:09/17/07 CenterPoint Energy 1 COUNTY: 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 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 ONES. [ FILE NO. — BOOK:2007 CHECKED BY: C.F.C. SKETCH • NO. 07-324A • J:uao HCt\BLR7\4I655155Tow9R7/'5-24AWVIJI1 nIAUTZ.I LI:PM • City of Pearland to CenterPoint Energy Consideration for Additional Liberty Park Easement Length of Ten-Foot Wide Easement with Eleven-Foot Six-Inch Wide Aerial Easement 280.5 feet Total Square Feet of Ten-Foot Wide.Easement with Eleven-Foot Six Inch Wide Aerial Easement 2,805.00 sq.ft. Total Square Feet of Eleven-Foot Six-Inch Wide Aerial Easement 3,225.75 sq. ft. The adjoining The Carden-Jackson School, Inc. property 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. CNP's offer to the City of Pearland for the 2,805.00-sq. ft. ground easement is 75% of that value or $0.29 per square foot for a total of$813.45 [2,805.0 sq. ft. X $0.29 = $813.45]. CNP's offer to the City of Pearland for the 3,225.75-sq. ft aerial easement is 50% of that value or $0.20 per square foot for a total of$645.15 [3,225.75sq. ft. X $0.20 = $645.15]. The total of CNP's offer to the City of Pearland for the subject ten-foot wide easement with adjoining aerial easement is $1,458.60. CenterPoint® CenterPoint Energy P.O.Box 1700 Energy Houston,TX 77251-1700 October 30, 2007 • Mr. Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Additional Easement from the City of Pearland to CenterPoint Energy Houston Electric, LLC for an Electrical Distribution Feeder Line Through Liberty Park; Map No. 5648; R/W Job No. 41655255 Dear Mr. Coker: Please find enclosed three originals of the subject easement to CenterPoint Energy to be signed by the City of Pearland. Please place this request on the agenda for the November 12, 2007, City of Pearland City Council Meeting. The recent growth in the Pearland area makes this feeder development tie a priority. I regret not including this portion of the easement with the request submitted in July. I will be attending this meeting in case the Council has any questions. Please have all copies of the easement executed by the appropriate party, taking care to have the signature notarized, and return two executed originals to me. One executed original will be placed of record in the Official Public Records of Real Property of Brazoria County, Texas. A recorded copy will be furnished to the City of Pearland. Also enclosed are ten packages with the information to aid the Mayor, City Council and Administrators in their consideration of this request. Included in the packages are: 1. Aerial photograph showing the location of the proposed easement. 2. Offer work sheet showing the total offer of $1,458.60 for the subject ten-foot wide easement with adjoining eleven-foot six-inch wide aerial easement. CenterPoint Energy would like to make this an even $2,000.00 for having to bring an easement request before City Council once again. 3. Copy of the requested easement which includes the temporary relocation clause requested by the City Council. If you have any questions,please call me at 713-207-6717. Yours truly, nterPoint E rgy Houston Electric, LLC Sue Findley, SR/WA Senior Right of Way Agent Enclosures Surveying &Right of Way tr* 'q� s / ,; ;4, J :�. ... Ly w `_:',. 1 r 1 ..�4 - ,.4 tie .'' '" k„ ,,, '9 t ✓O 0 E ve r}� V rJ FI AitoZto �' 1' `4 � �' < ' 4 r ro os 10-foot t0 -s ,a ,;r4 K SRO p f ,,, ,; , ° `s '? to 1, f_ �, "� 1: wide ease Mt with , 1- ` ' -,' ',. ,;� T 1.9 foot 6=i+chide ` , # 1 ' ' r % a Is ` j�. * ,. o `.7 aerial easemen r is;t � Q f,�.� .ram � I! `"', *II: . * � ,� � • `., ti s;Y, �{� r3' t i S t ,fie• - k` •i •.`; . ; F. lot ° � �} '1. Lib rt 'a,brk i . " r ►`� yF. `F - �t,� ram Q'. } t .� f :9 K y; _ --.T i �'!- t•;r 'Y"3 Y j�S 'J d4 'Y,'d -7 .) {..fit ', - �r l Y� '` , - • r-. tit' 3 .. e _ i 1 ,f - ' .'lifito‘t**0--;*i r, J > s, LAB � .ca r ., { ,: • r `A ''r� r '� — .: ,., �. aria. ... 4e,r ' ». !- ;r.. _tit aw ::: '" ' ,r; -..� a , , -3-,• 141 91�R_ Proposed additional ten (10) foot wide easement with adjoining eleven (11 ) foot six (6) inch wide aerial easement from the City of Pearland. City of Pearland to CenterPoint Energy Consideration for Additional Liberty Park Easement Length of Ten-Foot Wide Easement with Eleven-Foot Six-Inch Wide Aerial Easement 280.5 feet Total Square Feet of Ten-Foot Wide Easement with Eleven-Foot Six Inch Wide Aerial Easement 2,805.00 sq. ft. Total Square Feet of Eleven-Foot Six-Inch Wide Aerial Easement 3,225.75 sq. ft. The adjoining The Carden-Jackson School, Inc. property 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. CNP's offer to the City of Pearland for the 2,805.00-sq. ft. ground easement is 75% of that value or $0.29 per square foot for a total of $813.45 [2,805.0 sq. ft. X $0.29 = $813.45]. CNP's offer to the City of Pearland for the 3,225.75-sq. ft. aerial easement is 50% of that value or $0.20 per square foot for a total of $645.15 [3,225.75sq. ft. X $0.20 = $645.15]. The total of CNP's offer to the City of Pearland for the subject ten-foot wide easement with adjoining aerial easement is $1,458.60.