R2009-041 - 2009-03-23RESOLUTION NO. R2009-41
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 23rd day of March, A.D., 2009.
M REID
MAYOR
ATTEST:
.N N U~...Niry~.i
• ` ~4Q~AR~gy
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Y NG IN MC s~'€
Y S ETARY `"~'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-41 F20102
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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 HARRIS }
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, The 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 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:
Lot 1 in Block 1 of Minor Plat Pearland Public Safety Building, a subdivision
located in the H.T. & B. R.R. Co. Survey, Abstract No. 234, Brazoria County,
Texas, according to the map or plat thereof recorded in 2007053472 of the
Official 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 easement with 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, together with reasonable working space, for the purposes of erecting, installing,
operating, maintaining, replacing, inspecting, and removing said Facilities, together with the
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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, 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 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 23rd day of March , 2009 .
The City of Pearland
~~
BY:
Signature
City Man
Title
Bill Eisen
Name typed or printed
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STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on 3/0~ 3 20 d9 by
~~ ll ~ lSp~-, FYl of The City of Pearland.
C~
N 's Signature
Sa,v1~ ~. a,~l 1 C~ f
Name typed or printed
~-~=o q
Commission Expires
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ATTACHMENT
AFFIDAVIT
STATE OF TEXAS }
COUNTY OF HARRIS }
BEFORE me the undersigned authority on this day personally appeared the
of The 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:
Lot 1 in Block 1 of Minor Plat Pearland Public Safety Building, a subdivision
located in the H.T. & B. R.R. Co. Survey, Abstract No. 234, Brazoria County,
Texas, according to the map or plat thereof recorded in 2007053472 of the
Official 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 23rd day of March , 2009
The City of Pearland
BY: '
Signature
City Manager
Title
Bill Eisen
Name typed or printed
SUBSCRIBED and SWORN before me this o~ 3 day of ~ ~ l~ )
20 D
c.~
tary's Signature
~ ~. ~ o r
Name typed or printed
S~-J-Oq'
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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