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HomeMy WebLinkAboutR-2013-039-2013-03-11RESOLUTION NO. R2013-39 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 March, A.D., 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY )01,n) TOM REID MAYOR Q.... ..• ff. Resolution No. R2013-39 Exhibit "A" SHORT FORM BLANKET EASEMENT 3-PHASE OVERHEAD AND UNDERGROUND 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 } KNOW ALL PERSONS BY THESE PRESENTS: 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 blanket 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"), lying within the following described lands owned by Grantor, to wit: That certain 63.710 -acre tract or parcel of land out of the H. T. & B. R. R. Co. Survey, Abstract 505, in Brazoria County, Texas,, being the same property described in a deed from MHI Partnership, Ltd. to City of Pearland, dated January 22, 2004 and filed of record under County Clerk's File 2004006629 in the Official Records of Brazoria County, Texas. 1 J:UOB FILES162013\646146790DOCUMENTS\64814679-1.DOC 02/18/13 mit JOB 64614679-1 MAP 5549C S/C South Houston The locations of Facilities shown on the attached Exhibit "A" are approximate. 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 Areas fall within Residential Developments. The Easement Area 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. Grantor shall not allow other utilities to cross within twenty-four (24) inches of Grantee's Facilities. No structures shall be permitted closer than five (5) feet to the centerline of any below ground and 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 2 J:\JOB FILES\82013164614679\DOCUMENTS164614679-1.DOC 02/18113 rmt JOB 64614679-1 MAP 5549C S/C South Houston extending upward. If Grantor, its successors or assigns should, at any future date, request that the easement herein granted be further defined, Grantee agrees, at Grantor's expense, to prepare a new, defined easement described by a sealed survey sketch. Defined easements shall be unobstructed and may be further described by, but not limited to, the following descriptions: 1.) A ten (10) foot easement for underground facilities; 2.) A ten (10) foot easement with ten (10) foot aerial easement adjoining both sides of said ten (10) foot easement for facilities that are not located adjacent to property lines; 3.) A ten (10) foot easement with an adjoining eleven (11) foot, six (6) inch aerial easement for perimeter facilities; 4.) A fourteen (14) foot easement with an adjoining seven (7) foot, six (6) inch aerial easement for perimeter facilities; 5.) A sixteen (16) foot easement with an adjoining five (5) foot, six (6) inch aerial easement for perimeter facilities; 6.) An easement fifteen (15) feet wide and seventeen (17) feet long for Grantee's pad -mounted transformer station purposes. 7.) An easement sixteen (16) feet wide and twenty-four (24) feet long for Grantee's pad -mounted transformer station purposes. Grantee further agrees to release the herein above described blanket easement upon execution and delivery of the new defined easement by Grantor. In the event that Grantor, its successors and assigns, desires 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, J:UOB FILESIB2013\64614679\DOCUMENTS164614679-1.DOC 02/18/13 rmt JOB 64614679-1 MAP 5549C S/C South Houston STATE OF TEXAS } COUNTY OF gm,/u,., BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared / :1;%nQii2Q U of City of Pearland, known to me to be the person whose rg. me is subscribed to the foregoing instrument and acknowledged to me that (r/)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 // day of , 20 /a 5 J:UOB FILES182013\648146791DOCUMENTS184814879-1.0OC 02/18/13 rmt Notary's Signature Re -bee -at /7 . awe r y Name typed or printed 4/- 10 -g6/7 Commission Expires JOB 64614679-1 MAP 5549C SIC South Houston ATTACHMENT AFFIDAVIT STATE OF TEXAS } COUNTY OF BRAZORIA } BEFORE methe undersigned authority on this day personally appeared 42LL /t1:6,&70 the of City of Pearland, hereinafter referred to as Affiant, who Vbeing duly sworn, deposes and says that Affiant is the current owner of the tract of land described in an easement instrument executed by the same on even date herewith, said tract of land is further described as follows: That certain 63.710 -acre tract or parcel of land out of the H. T. & B. R. R. Co. Survey, Abstract 505, in Brazoria County, Texas, being the same property described in a deed from MHI Partnership, Ltd. to City of Pearland, dated January 22, 2004 and filed of record under County Clerk's File 2004006629 in the Official Records of Brazoria County, Texas. Affiant further says that the said premises have been held by Affiant, that possession thereof has been peaceable and undisturbed, and that the title thereto has never been disputed or questioned to Affiant's knowledge, nor does Affiant know of any facts by reason of which said possession or title might be disturbed or questioned, or by reason of which any claim to said premises, or any part thereof, might arise or be set up adverse to this Affiant. 6 JAJOB FILES\B2013164814879\DOCUMENTS\84614679-1.DOC 02/18/13 not JOB 64614679-1 MAP 5549C SIC South Houston installing, operating, maintaining, replacing, inspecting, and removing said Facilities, together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantees, endanger or may interfere with the efficiency, 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 11 th day of March , 201 3 City of Pearland BY: Signature Bill Eisen Name typed or printed City Manager Tltle 4 J:\JOB FILES\82013\64814679\DOCUMENTS\64614679-1.DOC 02/18/13 rmt JOB 64614679-1 MAP 5549C S/C South Houston EXECUTED this 1 1 th day of March , 2013 City of Pearland BY: Signatur City Manager Title Bill Eisen Name typed or printed SUBSCRIBED and SWORN before me this /1— day of / I lGt-C6_ , 20)3- . REBECCAA. BOWERY NOTARY PUBLIC STATE OF TEXAS Mp Colanrwbn Eons 01-10-2017 AFTER RECORDING RETURN TO: SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. 0. BOX 1700 HOUSTON, TX 77251-1700 7 JAJOB FILES\B2013\64614679\ DOCUMENTS \64614679-1.DOC 02/18/13 rmt (4ZLit„„ z9Z,(dLtiLl` Notary's Signature (441,PeC4. P, ©W t.?' y Name typed or printed Di ,o -&DP7 Commission Expires JOB 84614679-1 MAP 5549C S/C South Houston LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE C IRCUI T ORDER Na. 5449 B4 614J EXHIBIT "A" N. T. S. 5042 SEE TERM I NAL POLE DETAIL SHEET 3 OF 3 CenterPoint S Energy GENERAL LOCATION SKETCH SHEET 1 OF 3 (PROPOSED 30 OH 1 1 1 1110 Oi[ifilifillIEHINI111111111140 = rituttunottimultuntimultunnoul 1 61 TTS • 1.1.1! v(1 1:3 a. l 00.ce I 1 LJ ( 1 PRO 11 'SPORTS PO2sEPLEX D 1 o -t. 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TRANSFORMER PAO DETAIL - R 10' EASEMENT CENTERED ON THE CONDUITS TO BE ACQUIRED HALL s A 9'-6• '-0. t6'-0' SHALE CURB CATE A 16' X 24' PAD EASEMENT TO BE ACQUIRED CURB CURB CenterPoint Energy DETAIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 5449 1 B4 l 614J 1 EXHIBIT "R" 1 N. T. S. 1 S042 I TERMINAL POLE DETAIL SHEET 3 OF 3 FUTURE ROAD •cim-=d- (PROPOSED 30 OHI - CURS _._._.---•—i SIDEWALK Xi! 00 CURB A 10' GROUNO AND 30' AERIAL EASEMENT CENTERED ON THE OVERHEAD LINE TO BE ACQUIRED R 10' EASEMENT CENTERED ON THE CONDUITS TO BE ACQUIRED Future Detention/Sports Facility property boundary Centerpoint Energy Easement