R2011-071 - 2011-07-11BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Easement attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby conveyed to CenterPoint Energy.
ATTEST:
RESOLUTION NO. R2011 -71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN
UTILITIES.
PASSED, APPROVED, AND ADOPTED this 1 1 th day of July, A.D., 2011.
C 1 SE" RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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, 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. 0. 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 easement (hereinafter referred to as the "Easement Area
whether one or more), for electric distribution and communication 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, (hereinafter referred to as "Facilities located within the
following described lands owned by Grantor, to wit:
Tract 1 in Block 1of Alice Street Minor Plat of Clearwire TX H000554A, a
subdivision out of the H. T. B. R. R. Survey, Abstract 542, Brazoria County,
Texas, according to the map or plat thereof recorded in Plat No. 2010033004
of the Official Public Records of said county and state.
The Easement Area herein granted is described as follows:
1) An easement ten (10) feet wide, the location of the centerline of which
is shown by the dot -dash symbol on Sketch No. 11 -0307, hereto
attached and made a part hereof.
J', \JOB FILES \B2011 \548558258 5485582525B-1.00C 06/18/11 rmt
EASEMENT
Exhibit "A"
Resolution No. R2011 -71
KNOW ALL PERSONS BY THESE PRESENTS:
1
JOB 54855825B -1
MAP 5650C
S/C South Houston
2) An easement sixteen (16) feet wide and twenty -four (24) feet long for
Grantee's pad- mounted transformer station, the location of which is
shown by the hatched area on said attached Sketch No. 11- 0307..
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 Area
falls 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 all ground or 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.
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 Area and land immediately
adjoining thereto, all bushes, trees and parts thereof, or other structures or improvements
which are within, protrude, bisect, encroach or overhang into said Easement Area and
J: \JOB FILES U32011 \548556258 \5485582525B -1.COC 06/16/11 rmt
2
JOB 54855825B -1
MAP 5650C
S/C South Houston
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 26 day of 20
City of Pearland, a political subdivision of the State of Texas
BY:
Signature
E S:en
Name typed or printed
Title
;5i J I etin er
J: \JOB FILES \B2011 \54855825B \54856025258 -1.DOC 06/18/11 rmt
3
JOB 54855825B-1
MAP 5650C
5/C South Houston
STATE OF TEXAS
COUNTY OF rcZZOri a,
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this y personally appeared
(Lila 9 e 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. ,—�h
Given under my hand and seal of office this 2� day of
20
Ark �rpY JENIFER K. SMITH
Notary Public. State of Texas
My Commission Expires
I'S %I July 15, 2014
AFTER RECORDING RETURN TO:
SURVEYING RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. 0. BOX 1700
HOUSTON, TX 77251 -1700
J:1J013 FILES1132011154855825615485582525B -1.00C 06/16 /11 rmt
4
s Sigr44tura
J ek-w„,---
Name typed or printed
Com ssion E res
2D1 L
JOB 54855825B -1
MAP 5650C
S/C South Houston
Line Table
Line
Length
Direction
L1
22.23'
S 23'06'19" W
L2
57.04'
S 02'41'16" E
L3
31.61'
S 04'21'37" W
L4
6.91'
S 29'5533" W
L5
47.76'
S 8225'14" W
L6
4.53'
S 2923'32" E
L7
24.00'
S 60'36'28" W
L8
16.00'
N 29'23'32" W
L9
24.00'
N 60'36'28" E
L10
11.47'
S 29'23'32" E
Q. 10'
EASEMENT
TRACT 1
BLOCK 1
16'X24'
EASEMENT
STORAGE
TANK r
L5 v
CALL FND.-
1/2" I.R.
3702 ALICE STREET
MINOR PLAT OF
CLEARWIRE TX HO U00S4A
2010033004 0.P.R.
Lo
0
N
w
m
p.
cn
R. B. LYLE SURVEY
A -542
50
0
REV.1:JOB NO.
50
100
EASEMENT UNOBSTRUCTED
COUNTY: BRAZORIA
DATE: JUNE 14, 2011
SCALE: 1" 100'
FILE NO. BOOK: 2011
BY:
150
SCALE IN FEET
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WIT-1 THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY LINES.
ALICE STREET
EXISTING CENTERPOINT ENERGY
10' EASEMENT
VOL. 3 G
KETCHNO.7
DATE:
5 87'15'5 W 424.12
LAST PLOT DATE: 06-14-2011
DRAWN BY: GDW
MAP NO: 5650 C4
JOB NO: 54855825B
CHECKED BY: MIO
0.07 ACRES
DEDICATED TO THE PUBLIC FOR
R.O.W. PURPOSES
(PER PLAT)
Bearing Basis:
Texas Coordinate
System of 1983, South
Central Zone (TXSC
Zone 4204); NAD 83
LEGEND
Call Fnd. I.R. W /PI. Cap
Marked "L.C. Davis —RPLS 4464"
Per 2009055013 0.P.R.
Unless Otherwise Noted.
1 REV.2:JOB NO.
BY: 7 DATE:
CenterPoint Energy
SURVEYING RIG
P.O. Box 1700 Houston,
SKETCH N0. 1
HT OF WAY
TX 77251 -1700
1 --0307