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R2009-186 - 2009-11-30 RESOLUTION NO. R2009 -186 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 30 day of November, A.D., 2009. TOM REID MAYOR ATTEST: SONIA WEBB -O:. fr DEPUTY CITY SECRETARY 44 44 101■10P.' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009 -186 Job 52189691 -1 Map 56500 SIC South Houston 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 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 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, an exclusive, perpetual 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 of Pearland Gateway Subdivision, a subdivision out of the Dorril .H.M. Hunter Survey, Abstract No. 76, and the H.T. B. RR Co. Survey, Abstract No. 233, Brazoria County, Texas, according to the map or plat thereof recorded in Plat No. 2009019090 of the Plat Records of said county and state. J:UOB FILES1B2009152189691152189691 -1.000 11/02/09 rmt 1 Job 52189691 -1 Map 5650D SIC South Houston 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 twenty -four (24) 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. J:UOB FLES1B20091521896911 ,52189B91 -1.DOC 11/12/09 hnt 2 Job 52189691 -1 Map 5650D S/C South Houston No structures shall be permitted closer than fifteen (15) feet to the centerline of any 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 unobstructed and may be further described by, but not limited to, the following descriptions: 1.) A five (5) foot ground easement for underground facilities; 2.) A ten (10) foot ground easement for underground facilities; 3.) 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; 4.) A ten (10) foot ground easement with an adjoining eleven (11) foot, six (6) inch aerial easement for perimeter facilities; 5.) A fourteen (14) foot ground easement with an adjoining seven (7) foot, six (6) inch aerial easement for perimeter facilities; 6.) A sixteen (16) foot ground easement with an adjoining five (5) foot, six (6) inch aerial easement for perimeter facilities; 7.) An easement fifteen (15) feet wide and seventeen (17) feet long for Grantee's pad mounted transformer station purposes. 8.) 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 J:UOB FILE5182009L5 2 1 8 9 8 9115 21 8 9691 -1.DOC 11N2m9 nrt 3 Job 52189691 -1 Map 5650D S/C South Houston 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, 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, 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. J:1JO8 FnLE5182809152189891L52189891 -1.DOC 11102109 rmt 4 Job 52189691 -1 Map 5650D S/C South Houston EXECUTED this day of 20_ City of Pearland BY: Signature Title Name typed or printed STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 20, by of City of Pearland, a municipality, on behalf of said municipality. Notary's Signature Name typed or printed Commission Expires J:UO8 FILEW2009L52189891 152189691 -1.DOC 11102/09rmt 5 Job 52189691 -1 Map 5650D S/C South Houston ATTACHMENT AFFIDAVIT STATE OF TEXAS COUNTY OF 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: Lot 1 in Block 1 of Minor Plat of Pearland Gateway Subdivision, a subdivision out of the Dorril .H.M. Hunter Survey, Abstract No. 76, and the H.T. B. RR Co. Survey, Abstract No. 233, Brazoria County, Texas, according to the map or plat thereof recorded in Plat No. 2009019090 of the Plat 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. J:41013 ES13200915218989152189891 -1.00C 11/02109 rmt 6 Job 52189691 -1 Map 5650D S/C South Houston EXECUTED this day of 20_ City of Pearland BY: Signature Title Name typed or printed SUBSCRIBED and SWORN before me this day of 20 Notary's Signature Name typed or printed Commission Expires AFTER RECORDING RETURN TO SURVEYING 8 RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. O. BOX 1700 HOUSTON, TX 77251 -1700 ,k1J08 FILE $182009152188891152189891 -1DOC 11/02/09 mw 7 CenterPolnt SHEET 1 OF 6 EXHIBIT A Energy JOB 51317850 GENERAL LOCATION SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 56500 52 6158 N. T. S. 1 TEO7 52189691 r 1 1 ice`\ r'. 1 r! 1 SEE DETAIL t SHEET 5 OF 6 1 1 1 ,Pv 1. SEE CET AIL q i 7 SHEET 5 OF fi yFfu E ac j j i 4) 0 I 1 p \\�1 C m sa j I I I r t t 1. j i i SEE DETAIL Gv< �1 i i SHEET 2 OF 6 �titi�`i 'S PROPOSED t 1 i IEX 1ST INC 30 OH 1 BUILDING r t i I/ !FM iv -t MHKl 1 TP3 7 l t -Ivy �TP fill s ue SEE DETAIL -_3` t! i SHEET 4 OF 6 e i y ss. c i j i 1 i SEE BORE DETAIL c3 I T iii a SHEET 3 OF 6 t f �I t I SEE DETAIL ti`, r T} I I f ii SHEET 6 6 1 L .--------J ••-I f i 1 I I i I II 1 II E ii i i f 0 CenterPoint SKEET 2 OF 6 EXHIBIT It Energy JOB tt 51317850 OETRIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT OROER NO. I 56500 52 6156 1 I N.T.S. TE07 1 52189691 co FENCE 0 I t ti �1I 1 1 I I I j I i 1...__ A 30' AERIAL EASEMENT I FOR THE OVERHEAD LINE. I i TO BE ACQUIRED I 1 i I I F 1 i I i i I 1 1 1 1 1 i 1 1 1 f R 10' EASEMENT CENTERED ON 1 T III HE CONDUITS TO BE ACQUIRED I I I QI i i i i 1 i i i i i i i j i 1 i I EXISTING 11 FT. WIDE UTILITY EASEMENT I 1 I j 1 i PEARLAND PARKWAY 4 Cen SHEET 3 OF 6 EXHIBIT Energy J08 tt 51317850 GENERAL LOCATION SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 1 56500 52 l 6156 I N.T.S. TE07 I 52189691 I x .-1 1 i 0- i i V; W 1 411---7 1- to r-. WOG Z O .J1- O 4 N Z O Ci U Z Z M 1- Ci r-4 y U O Z rut W z 2 LL 3> a u 3 a 1 W i. i 0 CC 0 9 n W a cc W a Qz Q. al Z 0xcC j2 1 Z u 4 wi--0Z U) w x CC _P -I i -.11-4 Up-. J 1- cc W 1 O IjJ W a Jl 0 W0CaW w u Z /10.'" «101 rW1 ce 1-u -Z-. a 0 M HI CI_ cr. CC 2 0 1- 0 0. cc O z cr Q cc z a• 1- '-.C9 N 0 O Z Z M w zx ❑w w o cc r...1.-- 0 W J L.) 1•-1 ¢2xXtn•• wcn W to CC Z U�J J 1- d CO ILO 2Zct2LD -JCL W b .J I Utn 03W -J CD CD V) H 3 X w x 3 U) .-J r w to 1-W 1-I J 0 SU)IX 2 p fn 1 W J to rC IX J 1.1. EC LU w Z U) 0 C9 t o x a a o x z w M W v U) (1) 1- U aC to 0 1- .•-1 1X 0 u W u 1-+ 1- tY 1- W W N UZEOJ W OCC N 0 a W a ZW UCC U) Z r- W t f) i O L Z )U O U �OOO W 1- O 4 Z N M d W t` CenterPoint SHEET 4 OF 6 Energy J0B 51317850 EXHIBIT" DETAIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT OROER NO. 5650D I 52 6158 I N. T. S. TE07 1 52189691 S ;s i i I PEARL AND PARKWAY w I i 3 i j i 1 i f i 1 r I z i n i i 0 w i i 2.g i I m trJ to m a ,-m I i w x .c6° f i I w I i N I f N I i I I i-- 12 '-0/.-- I I I j i i 6ii j i wrw S 1 I x s 4 +I tnI-mW I ¢e2 41 1 i 1 I i i i i i i 1 1 z8 i I M ba I 1 o§ 1 I w Oa f zw i 4101 I i Al 08 o atA i `°m 1 ell 2 wb0 .0 i 1 i i M .m CenterPoint SHEET 5 OF 6 Energy JOB >t 51317850 EXHIBIT T T OETA IL SKETCH LAMBERT SECTION KEY NAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 56500 1 52 I 615B I N. T. S. 1 TE07 52189691 l A 1S' X 15' EASEMENT CEHTERED ON 7 -6" CONCRETE ENCASED PVC CONOUITS 1 TO BE BY THE CUSTOMER PER SPEC OLFS2C A 10' EASEMENT CENTERED ON ti A 10' ERSEHENT THE CONDUITS TO BE ACQUIRED CENTERED ON S 'NO2 CONDUITS EO S -6" CONCRETE ENCASED PVC CONDUITS 1 TO B FROM MHi 3 TO N51p2 t44S'3) 4 N ::i :NN., Y THE CUSTOR PER SPEC OLFS2C 76" CONRETE ENCAD PVC CONDUITS 120' BY THE CUSTOMER N. PER SPEC OLFS2C 7-6" CONCRETE ENCASED PVC CUSTOMER IE SPEC THE r CUSTOMER PER SPEC DLFS2C, I r i i b` A TE EASEMENT THE i c TO BE ACQUIRED t 0 0 MH 3 i 40 r' 40. j' A 10' EASEMENT CENTERED ON THE CONDUITS TO BE ACQUIRED W d/-,• 1, ,P a. y D 4 TI /0.41 R 1 X 17' PAO EASEMENT 44 X BE TO BE ACQUIRED 1*<?.../C" 8' X B' PAD FOUNDATION BY THE CUSTOMER PER SPEC 60 -380 CenferPoint SHEET 6 OF 6 Energy JOB 51317850 EXIIBIT" DETAIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 5650D I 52 1 6158 1 1 N. T. S. I TE07 52189691 A 10' EASEMENT CENTEREO ON THE CONDUITS 10 BE ACQUIRED A 10' CROUNO WITH A 21.S' AERIAL EASEMENT ADJACENT TO r\' PROPERTY LINE FOR THE OVERHEAD LINE TO BE ACQUIRED i ilir III' q 1111111/ i FTP1 1 4111.111111111111111__~i'_"-- MINIMUM 10 0101 011 30 DE0.36'R �i PVC BENDS 1100111 i t \TP2�''�' i i i i if 10' EASEMENT CENTERED I* ON THE CONDUITS TO BE RCOUIRE0 i i 0 i ti x i i i 1' TP3 s.