R2008-013 2008-01-28 RESOLUTION NO. R2008-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING A UTILITY EASEMENT
ASSOCIATED WITH THE KIRBY WATER PLANT.
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 28th day of January, A.D , 2008
"ir-Z
TOM REID
"EARLgy , MAYOR
ATTEST •"'
13.
NG
Y S RETAR
APPROVED AS TO FORM
DARRIN M COKER
CITY ATTORNEY
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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.
EASEMENT
STATE OF TEXAS }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT,THE CITY OF PEARLAND, TEXAS, 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 ,
dlb/a CenterPoint Energy Texas Gas Operations,herein called"GRANTEE",whether one
or more,with addresses at P 0 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 within the
following described lands owned by Grantor, to wit:
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That certain 4.8705-acre tract or parcel of land out of the H.T &B. R.R.Co
Survey,Abstract 300,Section 81,in Brazoria County,Texas,being the same
property described in a deed from Peyton Martin, Trustee to The City of
Pearland,dated July 25,2006, and filed of record under County Clerk's File
2006046892 in the Official Records of Brazoria County, Texas.
The Easement Area herein granted is described as follows:
An easement ten(10)feet wide located northwesterly of and adjoining the
northeasterly 415.27 feet of a 30' storm sewer easement located
northwesterly of and adjoining the entire southeasterly line of said 4.8705-
acre tract,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.
Grantor herein reserves the right to place surfacing materials over and across
the Easement Area herein granted and to use the same for parking and/or
driveways or walkways,provided,however,no buildings shall be placed on the
Easement Area which will obstruct the easement or interfere with the exercise
of Grantee's rights. In the event Grantor shall utilize the Easement Area for
parking purposes, protective bafflers shall be erected and maintained around
Grantee's ground structures, and Grantee retains the right to prohibit and/or
restrict parking during periods of construction or maintenance work upon its line.
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
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National Electrical Safety Code notices into Community Deed Restrictions when Easement
Area falls 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
gaps in the property granted.
THE GRANTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR MAINTENANCE
AND REPAIRS OF THE PARKING AREAS, DRIVEWAYS OR WALKWAYS LOCATED IN
OR ADJACENT TO THE EASEMENTS. Grantee,its employees or contractors shall have
no responsibility for the repair or maintenance of the parking areas,driveways or walkways
located in or adjacent to the easements, even in the event that they are damaged by the
activities of the Grantee, its employees or contractors when installing, maintaining or
removing Grantee's facilities located within said easements.Within a reasonable period of
time following the completion of any work in the easements,the Grantee shall restore the
easements as nearly as practical to the condition prior to the undertaking of such work.
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 or improvements which are within, protrude, bisect,
encroach or overhang into said Easement Area and which,in the sole opinion of Grantee,
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S/C H, O. CLARK
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,togetherwith 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
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.
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EXECUTED this i A day of FAN) , 200 .
THE CITY OF PEARLAND,TEXAS
BY 04,-....::. etki----._
Signature
QQrc. i -
Name typed or printed
Tle
City A{}orne'y
STATE OF TEXAS }
COUNTY OF }
Thi instrument was acknowledged before me on FebNat,r• la , 20 , by
V r► Cyk�r / of
THE CITY OF'PEARLAND,TEXAS,on behalf of said city
ate. t hR Y I ry's Signature
O r e .
` a. s are e. -ra.`/ of
a s o a g Name typed or printed /
.0.. R TOP' • 65-05- aoo9
%�-4.2 I09j15++,+"`�N���� Commission Expires
AFTER RRCORDINO RETURN TO:
SURVCTINO S.MAPPING
CINTERPOINT ENERGY HOUSTON ELECTRIC,1.1.e Duct 010A01450 P O.sox 1700 HOUSTON,Tx s72514700 t comes 583/21/2168 11:24AM
Official Public Records of
BRNORA cowl
JorcE NLMMAN
COUNTY CLERK
Fees $32.00
(40to fikAttWl•
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