R2011-143 - 2011-12-12RESOLUTION NO. R2011-143
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 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 14th day of November, A.D., 2011.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
EASEMENT
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 HARRIS
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}
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, City of Pearland, a Texas Home Rule Municipal Corporation, 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 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:
That certain 10.00 -acre tract of land situated in the Dorril H. M. Hunter
Survey, Abstract 76, Brazoria County, Texas, being the same property
described as Special Issue No. 1 in a Final Judgment from John Alexander,
as Independent Executor and Trustee of the Estates of C. H. Alexander,
a/k/a Charles Alexander, et al. to City of Pearland, dated July 19, 1976 and
filed for record under Volume 10, Page 481 in 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 which is shown by the
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hatched area on Sketch No. 11-0485, hereto attached and made a
part hereof, together with an unobstructed aerial easement eleven
(11) feet six (6) inches wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located northeasterly,
northwesterly, and southwesterly of and adjoining said ten (10) foot
wide easement.
2) An easement ten (10) feet wide, the location of the centerline of which
is shown by the dot -dash symbol on said attached Sketch No. 11-
0485, together with unobstructed aerial easements ten (10) feet wide,
beginning at a plane sixteen (16) feet above the ground and
extending upward, located on both sides of and adjoining said ten
(10) foot wide easement.
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.
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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
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.
EXECUTED this 21day of , 20 1/ .
City of Pearland, a Texas Home Rule Municipal Corporation
BY:
Signature
Name typed or printed
O11 M
Title / J
all 4.0 er
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STATE OF TEXAS
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COUNTY OF erazoria� }
BEFORE ME, the undersigned authorit , a Not. Public in and for the State of Texas, on
this a personally appeared Ii /I5eh
�` MctnQ of City of Pearland, a Texas Home Rule Municipal
Corpor on, knownito 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.
S
Given under my hand and seal of office this 215 -1 -day of Litte7Lern..
20
JENIFER K. SMITH
Notary Public. State of Texas
My Commission Expires
July 15, 2014
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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a CenterPoint
Energy.
October 24, 2011
Mr. Danny Cameron
Public Works Director
City of Pearland
3523 Liberty Drive
Pearland Texas 77581
Re: Easement Docmnents — Barry Rose Treatment Facility and The Preserve at Highland
Glen Subdivision
Dear Mr. Cameron:
Attached are two originals and one copy of' CenterPoint Energy's standard
easement instrument for the referenced project. Please have both originals executed.,
taking care to have the signatures notarized in the spaces provided. One copy is for your
files. Attached is a working sketch along with the overall plans for a feeder main
extension proposed by CenterPoint Energy to serve the new subdivision and to upgrade
the service to the city's treatment plant to help explain the need for the easement.
The goal of the project and the need for the easement from the city is threefold.
The first goal is be able to supply service to The Preserve at Highland Glen subdivision.
The second is to keep overhead electric lines from the right of way of the Bury Rose
extension or what will be called Hughes road while we serve the subdivision. The third
is to put the city's treatment facility on a main feeder line instead of a :fused lateral in
order to improve the electric reliability to the plant and be able to serve any and all future
expansions at the plant.
As you can see from the overall plan map CenterPoint Energy intends to tie two
circuits in the area together. We currently have Hall 06 on the east of the plant and the
subdivision and Mary's Creek on the west that we will tie together giving us the ability to
switch the load to either circuit at any time. This tie will also enable us to restore the
power to the city's plant much more timely in the event of a circuit outage. Also, by
putting the plant on the main circuit, the only outage that the plant could see in the future
would be if the circuits lock out due to major damage or an equipment failure at the plant
itself, thus reducing the types and number of outages in the fixture.
Please ask all signing parties, including notaries, to type or print clearly their
names directly below their respective signatures. Once completed, please return the
signed originals to me at P.O. Box 1655, Pasadena, Texas 77501. If you need further
assistance, please do not hesitate to contact me at your convenience.
Guy L. Johnson
Sr. Service Consultant
GLJlgj
MEMORANDUM
TO: Mr. Darrin Coker
Administration
FROM: Anthony Vu
DATE: November 18, 2011
Originating Office
Project Management
SUBJECT: Barry Rose Centerpoint Electrical Easement; Resolution No.2011-143
Darrin,
Please advise/approve for the City Manager's signature Al , please execute the Resolution No
R2011-143. Thank you in advance.
AV:
Attachments
Antho