R-2012-100-2012-07-09 RESOLUTION NO. R2012-100
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 9th day of July, A.D., 2012.
4 :oe
TOM REID
MAYOR
ATTEST:
yeNG LO' ' I , R =_ ti. .�.
SEC:7' ARY ` "�'
APPROVED AS TO FORM:
D RIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution R2012-100
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, a Texas 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:
Restricted Reserve "A" in Block 4 of Partial Replat of Oakbrook Estates
Section 6, a subdivision situated in the Warren D. C. Hall League, Abstract
70, Harris County, Texas, according to the map or plat thereof recorded in
County Clerk's File 2007004022 of the Official Public Records of said
County and State, being the same property described in a deed from
Oakbrook Estates Ltd. to City of Pearland, dated June 2, 2009 and filed for
record under County Clerk's File 2009024565 of said Official Public
Records..
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The Easement Area herein granted is described as follows:
An easement ten (10) feet wide, the location of which is shown by the
hatched area on Sketch No. 12-0245, attached hereto 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 northerly of and westerly of and adjoining said ten
(10) foot easement.
Grantor, its successors and 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, its successors and 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 and 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,
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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.
In utilizing the Easement Area, Grantee shall comply with all requirements of the
Right of Way Management Ordinance of the City of Pearland as if the Easement Area
were located in a public right of way in the City of Pearland.
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 9th day of July , 2012.
City of Pearland, a Texas corporation
BY:
Signature
Rill Risen
Name typed or printed
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City Manager, City of Pearland
Title
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STATE OF TEXAS }
COUNTY OF Brazoria }
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared BILL EISEN ,
City Manager of City of Pearland, a Texas corporation, 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 9th day of ,Tt,1 y , 2012.
R
'Ma i'l
Notarys Signature
tQMARIA ESCALATE RODRIGUEZ
NOTARY PUBLIC
STATE OF TEXAS
• My Comni�ion Exprces 02�2-2013 Maria EsC`a 1 antP RnC3Yl C�ll P7.
Name typed or printed
02-02_2n1 3
Commission Expires
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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