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R2000-004 01-10-00RESOLUTION NO. R2000-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT IN FAVOR OF RELIANT ENERGY HL&P, A DIVISION OF RELIANT ENERGY, INC., FOR INSTALLATION OF POWER LINES TO SERVICE THE CLEAR CREEK PARK SUBDIVISION AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain easement from the City of Pearland to Reliant Energy HL&P, a division of Reliant Energy, Inc. ("Reliant Energy"), 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 the easement in favor of Reliant Energy, for and on behalf of the City of Pearland, for the Subdivision area. PASSED, January installation of power lines to service the Clear Creek Park APPROVED , A.D., 2000. ATTEST: /~/FY SE(~'ETARY g/ '"' APPROVED AS TO FORM: DARRIN M. COKER' - CITY ATTORNEY and ADOPTED this the 10th day of TOM REID MAYOR 5484(7-99) ",5" Job ER3540G /1 Map 5649D S/C SO. HOUSTON EASEMENT STATE OF TEXAS } COUNTY OF BRAZORIA} KNOW ALL PERSONS BY THESE PRESENTS: THAT, City of Pearland herein called Grantor, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by Reliant Energy 'HL&P, a Division of Reliant Energy, Incorporated, herein called Grantee, whose principal address is P. O. Box 1700, Houston, Texas 77251, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an easement for electric distribution facilities (con- sisting of all necessary and desirable equipment and appurtenances), located on; under, over, and across the following described lands, to wit: That certain 20.970-acre tract or pamel of land out of the Thcs. J. Green 1/3 League, Abstract 198, in Brazoria County, Texas, being the same property described in a dedication deed from John Stuart Dissen to City of Pearland, dated August 18, 1999, and recorded in County Clerk's File 99-038231 in the Official Records of Brazoria County, Texas. The easements herein granted are described as follows: 1. An easement herein granted is five (5) feet wide, being the easterly and southeasterly one-half (E and SE 1/2) of a ten (10) foot wide easement, the location ef which is shown by the double-crosshatched area on Sketch Nos. 99-582 and 99-582A, hereto attached and made parts hereof, together with an unobstructed aerial easement ten (10) feet wide, beginning at a plane sixteen (16) feet above the ground and extending upward, located easterly and southeasterly of and adjoining said five (5) foot wide easement. Four (4) easements three (3) feet wide for Grantee's guy easement purposes, the location of the centerlines of which are shown by the guy symbols on said attached Sketch Nos. 99-582 and 99-582A. 5484(7-99) Job ER3540G Map 5649D SIC SO. HOUSTON This conveyance is expressly made subject to restrictions, covenants, conditions, limitations, easements and mineral reservations, if any, now in force and existing of record in the office of the County Clerk of Brazoria County, Texas, to which reference is here made for all purposes, and to those easements which, though not of record, are evidenced on the ground. Grantee shall also have rights of ingress and egress to and from said easement, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said electric distribution facilities, together' with the additional right to remove from said easement and land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said electric distribution facilities. TO HAVE AND TO HOLD the above described easement, 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 himself and his successors, heirs, assigns, and legal representatives, to warrant and forever defend all and singular the above described easement 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. 5484(7-99) EXECUTED this 11th Job ER3540G Map 5649D S/C SO. HOUSTON day of ,]~,nuary , CITY OF PEARLAND " City Manager Glen Erwin (name typed or printed) STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on , 19 ,by , City Manager for the City Of Pearland. Notary's Signature (Name typed or printed) Commission Expires: AFTER RECORDING RETURN TO: ]ISURVEYING & MAPPING IlRELIANT ENERGY HL&P IIP. o. BOX 17o0 IIHOUSTON, TX 77251-1700 S 01'14°39" W (Do ~ o b~ 0 0 ~01 'O r EXHIBIT 5484(7 99) STATE OF TEXAS } EASEMENT Job ER3540G Map 5649D S/C SO. HOUSTON KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZORIA} THAT, City of Pearland, herein called Grantor, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by Reliant Energy HL&P, a Division of Reliant Energy, Incorporated, herein called Grantee, whose principal address is P. O. Box 1700, Houston, Texas 77251, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an easement for electric distribution facilities. (con- sisting of all necessary and desirable equipment and appurtenances), located on, under, over, and across the following described lands, to wit: That certain 20.970-acre tract or parcel of land out of the Thos. J. Green 1/3 League, Abstract 198, in Brazoria County, Texas, being the same property described in a dedication deed from John Stuart Dissen to City of Pearland, dated August 18, 1999, and recorded in County Clerk's File 99-038231 in the Official Records of Brazona County, Texas. The easements herein granted are described as follows: 1. An easement herein granted is five (5) feet wide, being the easterly and southeasterly one-half (E and SE 1/2) of a ten (10) foot wide easement, the location of which is shown by the double -crosshatched area on Sketch Nos. 99-582 and 99-582A, hereto attached and made parts hereof, together with an unobstructed aerial easement ten (10) feet wide, beginning at a plane sixteen (16) feet above the ground and extending upward, located easterly and southeasterly of and adjoining said five (5) foot wide easement. 2. Four (4) easements three (3) feet wide for Grantee's guy easement • purposes, the location of the centerlines of which are shown by the guy symbols on said attached Sketch Nos. 99-582 and 99-582A. \\CORP4\SYS 1 \USERS MC03602\DOCVAAC\ER3540G. EAS. D0C 9/1/99 4 5484(7 99) Job ER3540G Map 5649D S/C SO. HOUSTON This conveyance is expressly made subject to restrictions, covenants, conditions, limitations, easements and mineral reservations, if any, now in force and existing of record in the office of the County Clerk of Brazoria County, Texas, to which reference is here made for all purposes, and to those easements which, though not of record, are evidenced on the ground. Grantee shall also have rights of ingress and egress to and from said easement, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said electric distribution facilities, together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said electric distribution facilities. TO HAVE AND TO HOLD the above described easement, 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 himself and his successors, heirs, assigns, and legal representatives, to warrant and forever defend all and singular the above described easement 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. 11CORP4ISYS 1\USERS11003602\00C1MAC1ER3540G.EAS.DOC 9/1/99 5484(7-99) Job ER3540G Map 5649D S/C SO. HOUSTON EXECUTED this llth day of January STATE OF TEXAS } COUNTY OF *fix^ OOO CITY OF PEARLAND of G1en Erwin (name typed or printed) City Manager This instrument was acknowledged before me on , 19 , by City Manager for the City of Pearland. • AFTER RECORDING RETURN TO: SURVEYING & MAPPING RELIANT ENERGY HL&P P 0 BOX 1700 HOUSTON, TX 77251-1700 • Notary's Signature (Name typed or printed) Commission Expires: \\CORP41SYS 1\USERS\1003602\DOCVAAC\ER3540G. EAS.000 9/1/99 3