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R2000-014 01-24-00RESOLUTION NO. R2000-14 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. 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. PASSED, APPROVED and day of January , A.D., 2000. ATTEST: ~TY SI~RETARY ~ ~' APPROVED AS TO FORM: DA~F~IN M. COKER CITY ATTORNEY ADOPTED this the 24th REID MAYOR eliant Energy.. HL&P [~0. Box 1700 Houston, Texas 77251 1700 January25,2000 Mr. Alan Mueller Deputy City Manager City of Pearland 3519 Liberty Dr. Pearland, TX 77581 Re: Street and Alley Closure at Knapp RtL Dear Mr. Mueller: Reliant Energy HL&P, Reliant Energy Entex and Industrial Gas Supply Corporation has investigated the request and determined that there are facilities located within the area to be abandoned. However, an easement to accommodate these facilities has been granted as shown on the attached HL&P Company sketch or easement instrument. Therefore, the Company will offer no objection to the abandonment of the area as highlighted on the attached plat/sketch. This letter of no objection shall become null and void in the event two (2) years has transpired from the above date, and this abandonment has not been completed. Sincerely, S~ephanie K. Wiggins Sr. Right of Way Technician Land & Right of Way Division 713-207-6033 5485(7-99) Job D100ED00-005 Map 5550B SIC SO. HOUSTON AERIAL EASEMEN~ 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 does by these presents, GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an unobstructed aerial easement for electric transmission and distribution lines, consisting of variable numbers of wires over, across and above the following described lands, to wit: That certain 0.142-acre tract or parcel of land out of the R. B. Lyle Survey, Abstract 543, in Brazoria County, Texas, being a portion of Knapp Rd. (closed) within the Zychlinski subdivision in said survey, according to the map or plat thereof recorded in Volume 29, Page 43 of the Deed Records of said County and State, and that same property described in EXlBIT A, hereto attached and made a part hereof and shown on EXlBIT B, also hereto attached and made a part hereof. The unobstructed aerial easement herein granted is eleven (11) feet six (6) inches wide, beginning at a plane sixteen (16) feet above the ground and extending upward, located southerly of and adjoining the entire northerly line of said 0.142-acre tract of land. Grantee, its successors and assigns, shall also have rights of ingress and egress to and from Grantor's property, from time to time, for the purposes of installing, maintaining, inspecting, replacing, and removing said wires together with the additional right to trim, cut 5485(7-99) Job D100ED00-005 Map 5550B S/C SO. HOUSTON ¼i and top all branches or trunks of all trees, bushes or shrubs that intrude into said aerial easement. Grantor, its successors, heirs, assigns, and legal representatives, agrees not to permit any type of structure (including, but not limited to, antennas or other objects whether temporary or permanent) to encroach or intrude into said aerial easement. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto said Grantee, its successors or assigns, forever, and Grantor does hereby bind itself and its 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. 5485(7-99) EXECUTED this 24th day of January Job D100ED00-O05 Map 5550B SIC SO. HOUSTON ., 20 00 .... CITY OF PEARLAND City Manager Glen Erwin (Name typed or printed) STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on Glen Erwin said city. Mm.mA H RmS Nota~/Pubiic, State of Texas II July 19, 2~0, 3 ~i January 24 , 2000 , by , City Manager of City of Pearland, on behalf of Notary's Signature Melissa Harris (Name typed or printed) Commission Expires: 7-19-2003 IIAFTER RECORDING RETURN TO: ISURVEYING & MAPPING ~RELIANT ENERGY HL&P IP. O. BOX 1700 HOUSTON, TX 77251-1700 Knapp Road C~osing 0.142 Acre EXIBIT A STATE OF TEXAS § COUNTY OF BRAZORIA § METES AND BOUNDS DESCRIPTION of a 0.142 acre tract in the R.B. Lyie Survey, Abstract No. 543 in Brazoria County, Texas. Said 0.142 acre tract is a part of Section 4 of the Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoda County Deed Records and is more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the south line of Knapp Road (based on a width of 60-feet) with the easterly line of the Burlington Northern and Santa Fe Railroad fight-of-way (based on a width of 100-feet). THENCE, West, along the projected south line of said Knapp Road for a distance of 102.97 feet to a point for corner in the westerly ~ine of said Burlington Northern and Santa Fe Raitroad right-of-waY; THENCE, North 13°47'04'' West, along the westerly line of said Railroad right-of-way for a distance of 61.78 feet to a point for comer on the north right-of-way line of said Knapp Road; THENCE, East, along the projected north line of said Knapp Road for a distance of 102.97 feet to a point for comer on the aforementioned easterly line of said Budin9ton Northern and Santa Fe Railroad; THENCE, South 13°47'04'' East, along the eastedy line of said Railroad for a distance of 61.78 feet to the POINT OF BEGINNING, containing a computed area of 0.142 of an acre (6,178 square feet). NOTE: 1. The bearings shown hereon have been based on the recorded plat of Zychl~nsk s ' 9 the Brazoria County Deed Records. Subdivision as recorded ~n Volume 2 , Page 43 of 2. This description has been computed using record information only and has not been surveyed on,the ground. Walsh Surveying, Inc. 2006 East Broadway, Suite 105 ~el D; Wilson, R.P.LS. .Pear, and, Texas 77588 ~ Registration No. 4821 Job No, 99-236 December 16, 1999 I¢. I N 13'47'04" W 61.78' EXIBIT B EAST 102,97' 102.97' WEST 0.142 ACRE KNAPP RD. S 13'47'04" E 61.78' p .O____.B ._ JAN 1 B 2~Bo ~ 5485(7-99) EXECUTED this 24th day of January Job D100ED00-005 Map 5550B SIC SO. HOUSTON ,20 00 · CITY OF PEARLAND City Manager Glen Erwin (Name typed or printed) STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on Glen Erwin said city. Januarv 24 , 200(~ , by , City Manager of City of Pearland, on behalf of Notary's Signature Melissa Harris (Name typed or printed) Commission Expires: 7-19-2003 IIAFTER RECORDING RETURN TO: ISURVEYING & MAPPING IRELIANT ENERGY HL&P IP. O. BOX 1700 IHOUSTON, TX 77251-1700