R-2012-099-2012-07-09 RESOLUTION NO. R2012-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONVEYING AN EASEMENT TO SERVE THE
COWART'S CREEK REGIONAL DIVERSION FACILITY PUMP
STATION.
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.
-=)(4yt)
TOM REID
MAYOR
ATTEST:
Q�X46\
e_ " G, C .1.- \gi
• SE 'ETARY
IINN•N
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2012-99
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, 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 80.0001-acre tract of land situated in the H.T. & B.R.R. Co.
Survey, Abstract 293, Brazoria County, Texas. being the same property
described in a deed from Chandra Latha Thota Pushpala to the City of
Pearland,dated June 30, 2006 and filed for record under County Clerk's File
2006042502 in the Official Records of said County and State.
The Easement Area herein granted is described as follows:
An easement ten (10) feet wide, the location of the centerline of which is
shown by the dot-dash symbol on Sketch No. 12-0309, hereto attached and
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made a part hereof, 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, 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,
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
2
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MAP 5647C
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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. 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 1 0th day of July , 2012.
CITY OF PEARLAND
BY: r
Signature
Bill Eisen
Name typed or printed
City Manager
Title
3
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MAP 3647C
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STATE OF TEXAS }
COUNTY OF BRAZORIA }
BEFORE ME, the undersigned authority, a Notary Public in pnd for the State of Texas, on
this day personally appeared L5i II Er5e ,
G;♦ 1.,Vcv-Ic r of the City of Pearland, known to me to be the person
whosd 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 0.1/4' day of To I t� ,2012.
J ,
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Notary's Signature
Q t .
NOTARY PU=LIr, CCr► C•�`-(C...1--
STATE OF TEXAS Name typed or printed
,A C,,,,s9e,E Wr^a C2-02-2010
Da.- O4— 2 O13
Commission Expires
AFTER RECORDING RETURN TO:
SURVEYING&RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC
P.O.BOX 1700
HOUSTON,TX 77251-1700
4
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N.T.S. (no
\ CARRIE LANE
1\ CITY OF PEARLAND 1,3 Existing HLIV
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B.C.C.F. 20060425021Ac. �' _Easemeni_1 .. `
80.0001 Ac. Vol. 9 106 Pg. 759
SKetch #A-25310 p
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EASEMENT I (NOT OPEN) o
LEGEND 0 O
• = Called & Found IR
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• = Called & Found Drainage DitchDETAIL n
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HH.T. s� s� Bearing Basis:
e t • & B.R.R. Co. SURVEY A—2 9 3 Texas Coordinate System of
1983, South Central Zone
(TXSC Zone 4204): NAD 83
REV.1:JOB NO. BY: DATE: I REV.2:JOB NO. BY: DATE:
100 0 190 200 300 EASEMENT — UNOBSTRUCTED LAST PLOT DATE:6/19/2012 CenterPoint Energy
SCALE IN FEET COUNTY: BRAZORIA DRAWN BY:JJK
DATE: JUNE 7, 2012 MAP NO: 5647C SURVEYING & RIGHT OF WAY
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO P.O. Box 1700 Houston, TX 77251-1700
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING SCALE: 1" m 200' JOB NO: 61 237082
EASEMENTS OR WITH ADJOINING PROPERTY LiNEs. FILE NO. — BOOK:2012 CHECKED BY:JLG SKETCH NO. 12-0309