R2008-032 2008-02-25 RESOLUTION NO. R2008-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING A UTILITY EASEMENT
ASSOCIATED WITH THE MAGNOLIA PROJECT.
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 25th day of February, A.D., 2008.
---____ )04,12 Ps„
TOM REID
MAYOR
ATTEST: a
J1 V.,
UN
' ' IN rj T';/C
tilifiITY iRETA-Y
APPROVED AS TO FORM:
LAte.-._
DARRIN M. COKER
CITY ATTORNEY
Job 45383939A
Map 5648A4
Parcel No. 45383939A-1
EXHIBIT A
•
A 0.0164-acre tractor parcel of land out of the D.B. Drake Survey,Abstract 508,in
Brazoria County, Texas, being out of that certain 0.515-acre tract described in a deed to
The City of Pearland from Chase Lodge Corporation,dated December 9,2003, and filed of
record at Document#2004013813 in the Official Records of Brazoria County, Texas.
All bearings stated herein are based on the bearing of N 87°22' 34" E, called in a Survey
of Magnolia Road by C. L. Davis & Co, Job# 11-421-34 and dated October 4, 2007, and
as evidenced by found monuments cited below.
Said 0.0164-acre tract is described as follows:
COMMENCING at an iron rod with cap,found at the south line of said Magnolia Road and
the east line of Veterans Avenue and being the northwesterly corner of the said 0.515 acre
tract;
THENCE, N 87° 22' 34" E, (Basis-of-Bearings) a distance of 35.00 feet to a point for the
northwesterly corner of this tract and the POINT-OF-BEGINNING;
THENCE, N 87° 22' 34" E, along the south line of Magnolia Road, a distance of 10.00
feet to a point for the northeast corner of this tract;
THENCE, S 02° 37'26" E, a distance of 79.42 feet to a point in the northeasterly line of
Veterans Avenue. for the southeast corner of this tract;
THENCE, N 34° 01' 01"W, along the northeasterly line of Veterans Avenue a distance
of 19.20 feet to a point for the southwest corner of this tract;
THENCE, Leaving Veterans Avenue line N 02°37'26" W, a distance of 63.04 feet to
the POINT-OF-BEGINNING and containing 712.29 square feet or 0.0164 -acre of land;
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Job 45383939A
Map 5648A4
Parcel No. 45383939A-1
EXHIBIT A
This description is based on a survey performed under the direction of CenterPoint
Energy Houston Electric, LLC. in November of 2007.
OF
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JERRY LANE GUNTER
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ulk
rry L Gunter, R.P.L.S. # 5 97
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J Uob Fles1B2007145383939AW&13 45383939A.dac
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MAGNOLIA ROAD (WIDTH VARIES)
BEARING BASIS:
SURVEY of MAGNOLIA ROAD BY C.L. DAVIS & CO.
Job# 11-421-34 Dated: 10/04/07
FND. V.R. N8T22'34"E 159.04' FND. V.R. w/ Pla. Cap
w/ P1a. Cap L1 marked (C.L. DAVIS)
l .
35.00'
In GENERA.F., BUSINESS l N F.B. SURVEY,DRAKE,
R1SFItV,; "C" 11 CV
n A-508
1.0' EASEMENT ' . /'N' 9 O j �,
''. 0.0164 Ac. m 0 o 11 c
GENERAL BUSINESS • G�= C�
RESERVE "B" \ c' N 11 PEARLAND FARMS
0 0� { ` SECTION ONE
.6 '�� -LPG �,"0 `�, Vol. 22, Pg. 41, P.R.
•o 'C� ����� H o •
•
COBBLESTONE �'tiy� sQ �, •
oho
g• 11_ -
Vol. 19 P 323, P.R. o
1\T • �, °0s • II'
I\ LINE TABLE •
oco• I lil -+ +'y.r.�r_ ,:'i.7 ',_ '
LINE LENGTH BEARING �D o��9 ! ` "'" 4!~ "�'� .; ` N'
•
L1 10.00 N87'22'34"E •
T ""� •;� 0.
aii; i?NtrY.�
L2 19.20 N34'O1'01"W • , �~ '. v."'�.ti,�
L3 63.04 NO2'37'26"W �k{C * �# r;
REV.I:JOB •
••j ,1c- .2;A ,.ii. t
NO. BY: DATE: I REV.2:JOB NO. . . . DATE:
25 0 25 50 75 EASEMENT - UNOBSTRUCTED LAST PLOT DATE: 11/14/07 CenterPoi t Energy
COUNTY: BRAZORIA DRAWN BY: M.N.M.
SCALE IN FEET DATE: 11/09/07 MAP NO: 5648A4 SURVEYING & MAPPING
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" = 50' JOB NO: 45383939A (713) 207-7777
EASEMENTS OR WITH ADJOINING PROPERTY LINES. FILE NO. - BOOK:2007 CHECKED BY: 'Ig •
_ SKEfCH._,NO._ 07-632
Job 45383939A-1
Map 5648A
SIC TRAVIS TOWER
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 HARRIS }
THAT, CITY OF PEARLAND, a political subdivision of the State of 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 Resources Corp., d/b/a CenterPoint
Energy Texas Gas Operations, herein called 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, its successors and
assigns, all or in part, an easement (hereinafter referred to as the "Easement Area",
whether one or more)for natural gas facilities (hereinafter referred to as "Facilities") con-
sisting of all necessary and desirable equipment and appurtenances), located on, under,
and across the following described lands, to wit:
That certain 0.515-acre tract or parcel of land being all of General Business
Reserves "C" and "D" and 0.016-acre of Cobblestone, a subdivision out of
the H. T. & B R.R. Co. (aka F. B. Drake) Survey, Abstract 508, in Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 19,
Page 323-324 of the Plat Records of said County and State, being the same
property described in a deed from Chase Lodge Corporation to City of
Pearland, dated December 9, 2003, and filed of record under County Clerk's
File 2004013813 in the Official Records of Brazoria County, Texas.
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Job 45383939A-1
Map 5648A
SIC TRAVIS TOWER
The Easement Area herein granted is described as follows:
An easement ten (10) feet wide, the location of which is shown by the
crosshatched area on Sketch No. 07-632, and described in Exhibit"A", both
of which are hereto attached and made parts hereof.
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. and Chapter 752 of
the Texas Health and Safety Code.
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.
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.
In the event that Grantor, its successors and assigns, desires that Grantee's
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Job 45383939A-1
Map 5648A
SIC TRAVIS TOWER
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 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.
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 assigrs, forever, and Grantor does hereby bind itself and its successors,
heirs, assigns, and egal 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.
i -
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Job 45383939A-1
Map 5648A
S/C TRAVIS TOWER
EXECUTED this day of , 20
CITY OF PEARLAND,
a political subdivision of the State of Texas
BY:
Title:
Name typed or printed
STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on , 20 , by
of
CITY OF PEARLAND, a political subdivision of the State of Texas, on behalf of said city.
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 77251-1700
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