R96-62 12-17-96RESOLUTION NO. R96-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING AN EASEMENT TO HOUSTON LIGHTING & POWER
COMPANY FOR INSTALLATION OF ELECTRIC DISTRIBUTION FACILI-
TIES AT HERITAGE PLAZA AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID EASEMENT.
WHEREAS, the City of Pearland is the owner in fee of certain real property
located within the corporate City limits, known as Heritage Plaza; and
WHEREAS, the lighting of Heritage Plaza is included in the original master
concept plan but was not part of the initial construction .phase due to cost; and
WHEREAS, in exchange for installation of said light fixtures, Houston Lighting
& Power Company requests an easement from the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain easement between the City of Pearland (Grantor) and
Houston Lighting & Power Company (Grantee), relating to electric distribution
facilities, a copy of which is attached hereto as Exhibit "A" and incorporated herein
for all purposes, is authorized and approved.
Section ;2. The City Manager, or his designee, is hereby authorized to execute
said easement for and on behalf of the City.
PASSED, APPROVED and ADOPTED
this the //~ day of
TOM REID
MAYOR
RESOLUTION NO. R96-62
ATTEST:
YOL~N'DA C. BENITEZ
CITY SECRETAIRY
APPROVED AS TO FORM:
2
5484(6-85)
STATE OF TEXAS
EASEMENT
Job IF38410
Map 5648B
S/C SO.HOUSTON
DCM/s 11/18/96
Exhibit "A"
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, City of Pearland, Brazoria County, 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 Houston Lighting & Power Company, a Texas corporation, 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 (consisting of all necessary and desirable equipment and
appurtenances) at, below and from ground level upward, located on, under, over, and
across the following described lands, to wit:
That certain 7.298-acre tract or parcel of land out of the Warren D.C. Hall
League, Abstract 70, in Brazoria County, Texas, being that same property
described in a deed from Aaron Pasternak, Trustee, to City of Pearland,
dated September 21, 1976, and recorded in Volume 1310, Page 836 of
the Deed Records of Brazoria County, Texas.
The easement herein granted is ten (10) feet wide, the location of the
centerline of which is shown by the dot-dash symbol on Sketch No. 96-
520, hereto attached and made a part hereof.
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
5484(6-85) Job IF$8410
Map 5648B
SIC SO.HOUSTON
DCM/s 11/18/96
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 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 as-
signs, against every person whomsoever lawfully claiming or to claim the same or any
part thereof.
EXECUTED this day of ,19__
ATTEST:
CITY OF PEARLAND
BY: BY:
City Secretary Mayor
(Name typed or printed)
(Name typed or printed)
5484(6-85)
Job IF38410
Map 5648B
S/C SO.HOUSTON '
DCM/s 11/18/96
STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on , 19 , by
, Mayor of City of Pearland, Brazoria County,
Texas, on behalf of said city.
Notary's Signature
(Name typed or printed)
Commission Expires:
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