R2009-135 - 2009-08-10RESOLUTION NO. R2009-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN
UTILITIES.
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 10t" day of August, A.D., 2009.
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TOM REID
MAYOR
ATTEST:
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SE ETARY `"`
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-135
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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
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SHORT FORM BLANKET EASEMENT
3-PHASE OVERHEAD AND UNDERGROUND
STATE OF TEXAS }
COUNTY OF BRAZORIA }
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, City of Pearland, a municipal corporation of Brazoria, Fort Bend, and Harris
Counties, 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, 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,
a blanket easement (hereinafter referred to as the "Easement Area", whether one or more)
for electric distribution and communication 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, lying within the following described lands owned
by Grantor, to wit:
That certain 7.4199 acre tract of land in the H.T. & B. R.R. Co. Survey,
Abstract No. 508, Brazoria County, Texas, described in a deed recorded in
2009025199 of the Official Public Records of said County and State.
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The locations of facilities shown on the attached Exhibit "A" are approximate.
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, its 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 National
Electrical Safety Code notices into Community Deed Restrictions when Easement Areas
fall within Residential Developments.
The Easement Area herein granted is a blanket easement and shall apply only
insofar as the boundaries of the above described property will permit. Grantee further
reserves the right to extend services and drops within the herein described property and to
adjacent land owners from said Facilities.
Grantor shall not allow other utilities to cross within eighteen (18) inches of Grantee's
Facilities.
No structures shall be permitted closer than five (5) feet to the centerline of any
below ground and above ground Facilities.
No structures shall be permitted closer than fifteen (15) feet to the centerline of any
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overhead electrical Facilities, beginning at a plane sixteen (16) feet above the ground and
extending upward.
If Grantor, its successors or assigns should, at any future date, request that the
easement herein granted be further defined, Grantee agrees, at Grantor's expense, to
prepare a new, defined easement described by a sealed survey sketch. Defined easements
shall be further described by, but not limited to, the following descriptions:
1.) A ten (10) foot ground easement for underground facilities;
2.) A ten (10) foot ground easement with ten (10) foot aerial easement
adjoining both sides of said ten (10) foot ground easement for facilities
that are not located adjacent to property lines;
3.) A ten (10) foot ground easementwith an adjoining eleven (11) foot, six (6)
inch aerial easement for perimeter facilities;
4.) An easement sixteen (16) feet wide and twenty (20) feet long for
Grantee's pad-mounted transformer station purposes.
Grantee further agrees to release the herein above described blanket easement
upon execution and delivery of the new defined easement by Grantor.
In the event that Grantor, its successors and assigns, desires that Grantee's
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.
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,
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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 Grantees,
endanger or may interfere with the efficiency, 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.
EXECUTED this 10th day of August , 20 09
City of Pearland
Signature
City Manager
Title
Bill Eisen
Name typed or printed
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STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on !~'tu~,l..~S f lQ 20 Q i , by
Q;1 ~ ~ ~ sin G~ ~, ('n~nnc~e~ of City of Pearland, a municipal
corporation of Brazoria, Fort Bend, and Harris Counties, Texas, on behalf of said
corporation.
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Commission Expires
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ATTACHMENT
AFFIDAVIT
STATE OF TEXAS }
COUNTY OF BRAZORIA }
BEFORE me the undersigned authority on this day personally appeared the
of City of Pearland, hereinafter referred to as Affiant, who being
duly sworn, deposes and says that Affiant is the current owner of the tract of land described
in an easement instrument executed by the same on even date herewith, said tract of land
is further described as follows:
That certain 7.4199 acre tract of land in the H.T. & B. R.R. Co. Survey,
Abstract No. 508, Brazoria County, Texas, described in a deed recorded in
2009025199 of the Official Public Records of said County and State.
Affiant further says that the said premises have been held by Affiant, that possession
thereof has been peaceable and undisturbed, and that the title thereto has never been
disputed or questioned to Affiant's knowledge, nor does Affiant know of any facts by reason
of which said possession or title might be disturbed or questioned, or by reason of which
any claim to said premises, or any part thereof, might arise or be set up adverse to this
Affiant.
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EXECUTED this ~ stn day of a„~„tt , 20~.
City of Pearland
BY:
Signature
City Manager
Title
Bill Eisen
Name typed or printed
SUBSCRIBED and SWORN before me this 10~ day of ,
20~~.
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Commission Expires
AFTER RECORDING RETURN TO:
SURVEYING b RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLG
P. O. BOX 1700
HOUSTON, TX 77251-7700
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4~'ORKING SKETCH
LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER N0.
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PEARLAND ISO
ATHLETIC
PARKING AREA
OVERHEAD LFNE BY CNP
- A 10 FT. GROUND WITH A 30 FT.
AERIAL CNP EASEMENT CENTERED
ON THE OVERHEAD LINE
WILL BE REQUIRED.
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ON THE DUCT BANK
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9' X 11' TRANSFORMER PAO
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A 16' X 20' CNP EASEMENT
HILL BE REQUIRED
THE METER WILL BE MOUNTED
ON THE TRANSFORMER.
SERVICE C I TY OF PEARLAND
YARD
WALL F I TNESS CENTER
& NATATORIUM
PROPOSED
DRIVE
CenterPoint
Energy Si-BEET I OF 2
WORKING SKETCH
LAMBERT SECTION KEY MAP fUNGTlONAL LOCATION SCALE CIRCUIT ORDER N0,
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LETTER OF TRANSMITTAL
359 Liberty Dr., Pearland, Texas 7758
Ph: (z8i) 65z-756 Fx: (z8~) 65z-~7o6
DATE: zoo9.o8.06
TO: Sonia Webb
City Secretary's Office
From: Patty Patke
Projects Dept.
RE: Ori>rinal Contracts for Council ADOroval
COPIES PROJECT bESCRIPTION
~~ Pzooo7 -Recreation Center &
Natatorium Blanket Easement -
Rzoo9-~35
^ FOR CITY COUNCILAPPROVAL
^ APPROVED AS SUBMITTED
^ FOR YOUR USE
^ SCAN INTO LASERFICHE
^ SUBMIT COPIES FOR DISTRIBUTION
^ AS REQUESTED
^ RETURN CORRECTED PRINTS
^ FOR REVIEWAND COMMENT
Thanks!
Patty Patke
Program Specialist