R2011-022 - 2011-02-14ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING AN AERIAL EASEMENT FOR
CERTAIN UTILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Aerial Easement attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby conveyed to CenterPoint Energy.
PASSED, APPROVED, AND ADOPTED this 14 day of February, A.D., 2011.
YO -''GLO
CI,Jr SECR ARY
APPROVED AS TO FORM:
acr
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -22
TOM REID
MAYOR
AERIAL EASEMENT
Exhibit "A"
Resolution No. R2011 -22
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.
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA
THAT, City of Pearland, a political subdivision of the State of 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 does by these presents, GRANT, SELL AND
CONVEY unto said Grantee, its successors and assigns, all or in part, an exclusive,
unobstructed, perpetual aerial easement (hereinafter referred to as the Easement Area
whether one or more) for electric transmission and distribution lines 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, located on, over,
and across the following described lands, to wit:
That certain 0.0918 -acre tract of land situated in the H. T. B RR. Co. Survey,
Abstract No. 304, Brazoria County Texas, being the same property described in a
deed from Karl Kris Durrett to City of Pearland, dated August 7, 2003 and filed for
record under County Clerk's File 03- 049294 in the Official Public Records of said
County and State.
The Easement Area herein granted is described as follows:
An unobstructed aerial easement ten (10) feet wide, beginning at a plane
sixteen (16) feet above the ground and extending upward, the location of
which is shown by the hatched area on Sketch No. 11 -026, hereto attached
and made a part hereof.
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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.
Notwithstanding the description of the Easement Area set forth in the exhibits, the
parties intend that the Easement Area granted herein shall run to the edge of Grantor's
property so that the exteriors of aerial easements herein granted are to intersect with the
exteriors of all adjoining easements and /or property lines without any gaps in the property
granted.
It is expressly stipulated that Grantor, its successors, heirs and assigns, shall not
have the right to cause nor permit any structures of whatsoever size, kind and nature,
including, but not limited to, antennas or other objects whether temporary or permanent, to
be constructed, installed or placed within said Easement Area without the express written
consent and approval of Grantee.
The Easement Area herein granted shall be an unobstructed aerial easement with
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 Area and land immediately adjoining thereto, all bushes, trees
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and parts thereof, or other structures or improvements which are within, protrude, bisect,
encroach or overhang into said Easement Area and which, in the sole opinion of Grantee,
endanger or may interfere with the efficient, 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
City of Pearland, a political subdivision of the State of Texas
BY:
Signature
Name typed or printed
Title
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day of 2011
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STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared
of City of Pearland, a political subdivision of the
State of Texas, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of
said corporation.
Given under my hand and seal of office this day of 2011.
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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Notary's Signature
Name typed or printed
Commission Expires
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