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R-2012-079-2012-06-11 RESOLUTION NO. R2012-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN ELECTRIC 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 11Th day of June, A.D., 2012. Qt4-11_ TOM REID MAYOR ATTEST: QEARL4 Yr P G L•y F 1G, T/C q SEI4 TARY APPROVED AS TO FORM: aiL- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2012-79 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 } 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, a unobstructed, perpetual blanket easement (hereinafter referred to as the "Easement Area", whether one or more) for electric distribution facilities 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 on, under, over, and across the following described lands owned by Grantor, to wit: That certain 0.1768-acre tract of land in the H.T. & B.R.R. Co. Survey, Abstract A- 233, Harris County, Texas, being the same property described in a deed recorded in Clerk's File 2012012135 of the Official Records of said County. 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 1 DOCUMENTI JOB 60487926 MAP 565053 S/C South Houston 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 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. No structures shall be permitted closer than five (5) feet to the centerline of any underground or 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. If Grantor, its successors or assigns should at any future date request that the Easement. Area herein granted be further defined, Grantee agrees, at Grantor's expense, to prepare a new easement described by a sealed and surveyed metes and bounds sketch in accordance with terms and procedures set forth on Exhibit "A" and 2 DOCUMENTI JOB 60487926 MAP 565053 SIC South Houston Grantee agrees to release the herein described easement at Grantor's expense upon execution and delivery of the new easement by Grantor. In the event that Grantor, its successors and assigns, desire 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 Area and land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said Facilities. TO HAVE AND TO HOLD the herein described easement, 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 herein described easement 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, 3 DOCUMENT1 JOB 60487926 MAP 565053 S/C South Houston the Grantor herein, its successors and assigns, shall be responsible for all costs associated with the relocation and/or removal of Grantee's Facilities. EXECUTED this 11th day of June , 2012 City of Pearland BY: Signature Bill Eisen • Name typed or printed City Manager •Title • STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before -me on• June 11 , 20 12 , by Bill Eisen, City Manager , of City of Pearland, on behalf of said City. - • / f •• .. - MARIA FSCAiAN'"t RCCRIGUQ No.:∎ ignature NOTARY PUeuc Maria E . Rodriguez STATE OF TEXAS„y commiss^'Ex •E cz oa-xa Name typed or printed February 2 , 2013 Commission Expires 4 DOCUMENTS JOB 60487926 MAP 565053 SIC South Houston Exhibit to • Resolution No. R2012-79 I I I 30.00' r G E w° o 8 a � 8 a D Z LU' ---10.00' o I 17 b �-5,00'----5.00' -1 0 cd co 10.00' Ground Level 10.0' x 30.0' EASEMENT CROSS—SECTION NOT TO SCALE Should Grantor request that the easement herein granted be further defined by a survey, the easement at the time of said survey shall be ten (10) feet wide centered on and extending fifteen (15) feet past the electrical facilities as built as referenced on Exhibit "B", not to exclude services and drops that extend to adjoining customers that may not be depicted on Exhibit "B", extending on, under, over, and across said tract, save and except the service drop extending to Grantor's structure located on said tract, 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 10-foot wide easement as indicated in the sketch shown above. Exhibit "A" 5 DOCUMENTI JOB 60487926 MAP 565053 S/C South Houston CONSTRUCTION ESTIMATE LOCATION SKETCH 1,1/4o sh Legend: Existing Pole. 0 Proposed Pole X Centerline of Electrical Facilities Proposed Guy r • Existing Guy (_- This Exhibit is intended to pictorially show the approximate location of the initial facilities installed and is prepared as part of the construction estimate for the installation of those facilities. It is not intended as an actual survey and has not been prepared by a registered land surveyor. Calls shown are references only. No statement is made as to the validity of these calls. LAT. 29°35'28" Job Number: 60487926 LNG. 95°16'10" Service Address: 1100 Woodthrush Dr. EXHIBIT"B" 6 DOCUMENT1 JOB 60487926 MAP 565053 S/C South Houston Exhibit to Resolution No. R2012-79 \ti f + l _ I / f--- -- 7/ \ 1 = ', ti �l I ri / / i • \ ..,..,..< ., \ \ \ ___ ___J____ / 1 i / i I 1 \ I --' ,, '` L- . j trr f I- `5 ,:� ; ,` flI `;is __ i•�♦\ f '\ \ , _ = ✓off I II -i Y 1 \ ° R. Lift Station Site 3LASTCTOFZY _- I I I �I_,_l_-1I � �T , �� City of Pearland II HICKORY K'NOtL 4R I ry L____ __I x� - ,� I I aI _ Joie Vicinity Map - Pearland, TX This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.