R2011-035 - 2011-03-28A 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.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 28 day of March, A.D., 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -35
T1)
TOM REID
MAYOR
SHORT FORM BLANKET EASEMENT
3 -PHASE OVERHEAD
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Exhibit "A"
Resolution No. R2011 -35
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
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, unobstructed, 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:
KNOW ALL PERSONS BY THESE PRESENTS:
Lot 43 of Alliason- Richey Gulf Coast Home Company Part of Suburban
Gardens Section 20, a subdivision situated in the F. B. Drake Survey,
Abstract No. 506, Brazoria County, Texas, according to the map or Plat
thereof recorded in Volume 2, Page 23 -24 of the Plat Records of said county
and state, being the same property described as those certain 4.991 -acre
and 4.998 -acre tracts or parcels of land in a Final Judgment awarded to City
of Pearland, dated June 28, 2006 and filed of record under County Clerk's
File 2006042689 in 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 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.
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.
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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 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;
2.) A ten (10) foot ground easement with an adjoining eleven (11) foot, six
(6) inch aerial easement for perimeter facilities;
3.) A fourteen (14) foot ground easement with an adjoining seven (7) foot, six
(6) inch aerial easement for perimeter facilities;
4.) A sixteen (16) foot ground easement with an adjoining five (5) foot, six (6)
inch aerial easement for perimeter facilities;
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,
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,
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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 28th day of March 20 1 1.
City of Pearland
BY:
Signature
Title
Bill Eisen
Name typed or printed
City Manager
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STATE OF TEXAS
BEFORE ME, the undersigned authority, C a Notary Public in and for the State of Texas, on
this day personally appeared %I h C�iSen CA Mano
of City of Pearland, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that
(_)he 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 o ff day of arc 2O j
COUNTY OF 1 G2-ori
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0
s
I f Fri I On`w. WQb6
Name typed or printed
5
Notary's Signature
Commission Expires
JOB 56868540 -1
MAP 5449D
SIC South Houston
STATE OF TEXAS
COUNTY OF BRAZORIA
ATTACHMENT
AFFIDAVIT
BEFORE me the undersigned authority on this day personally appeared
?D`1 Zo St4n the CI Mctfv geT
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 43 of Alliason- Richey Gulf Coast Home Company Part of Suburban
Gardens Section 20, a subdivision situated in the F. B. Drake Survey,
Abstract No. 506, Brazoria County, Texas, according to the map or Plat
thereof recorded in Volume 2, Page 23 -24 of the Plat Records of said county
and state, being the same property described as those certain 4.991 -acre
and 4.998 -acre tracts or parcels of land in a Final Judgment awarded to City
of Pearland, dated June 28, 2006 and filed of record under County Clerk's
File 2006042689 in 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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BY:
Signature
EXECUTED this 28th day of March
City of Pearland
City ManacjPr
Title
Bill Eisen
Name typed or printed
SUBSCRIBED and SWORN before me this day of t
20 V\
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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lora)co, WA&
Notary's Signature
5cyr\ c,. Laablo
Name typed or printed
Commission Expires
2011
JOB
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NOTES:
N
WORK ORDER#
MAIN WORK CENTER
ID NUMBER Scale 1 inch
SAL LOCATION
TEXT
SOUTH HOUSTON
TEXT
GLN NUMBER
KEY MAP
ORDER TYPE
MAINT ACCT TYPE
544951
613R
TEXT
TEXT
CONSULTANT
PHONE NUMBER
CELL.
CIRCUIT ID.
RUSSELL POPE
713 945 -6564
281 -740 -8318
TEXT
CUST. NEED DATE
FIELD COMPLETION DATE
ADDRESS
CITY
TEXT