R-2013-040-2013-03-11RESOLUTION NO. R2013-40
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.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-40
Exhibit "A"
AERIAL 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 BRAZORIA }
THAT, City of Pearland, a political Subdivision of the State of Texas, 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 does by these presents, GRANT, SELL AND CONVEY unto said Grantee, its
successors and assigns, all or in part, an exclusive, unobstructed, perpetual aerial easement,
(hereinafter referred to as the "Easement Area", whether one or more), for electric transmission
and distribution facilities and communications 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, over, across and above the following described lands owned
by Grantor, to wit:
KNOW ALL PERSONS BY THESE PRESENTS:
1
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JOB 63687508-1
MAP 5749C
SIC South Houston
Lot 4 and a portion of Lot 3 in Block 1 of Regal Oaks Estates, a subdivision out of
the Warren D.C. Hall Survey, Abstract 70, Brazoria County, Texas, according to the
map or plat thereof recorded Volume 9, Page 69 of the Map Records of said county
and state, being the same property described in a deed from Jerry J. Rigney, et ux.
to City of Pearland, dated May 23, 2002 and filed for record under County Clerk's
File No. 2002028697 of the Official Public Records of Brazoria County, Texas.
The Easement Area herein granted is described as follows:
An unobstructed aerial easement thirty (30) feet wide, beginning at a plane sixteen
(16) feet above the ground and extending upward, the location of which is shown by
the double dot -dashed symbol on Sketch No. 13-0011, hereto attached and made a
part hereof.
To the extent that such Laws and Codes apply to Grantor, it's 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.
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,
2
J:\JOB FILES\820121636875081DOCUMENTSt63687508-1.DOC 01/11/13 rmt
JOB 63687508-1
MAP 5749C
SIC South Houston
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.
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 1 1 th day of March , 2013 .
City of Pearland, a political Subdivision of the State of Texas
BY:
Signature
11
Name or printed
City Manager
Title
3
J:1JOB FILES1B20121636875081DOCUMENTS\63687508-1.DOC 01/11/13 rmt
JOB 63687508-1
MAP 57496
816 South Houston
STATE OF TEXAS
COUNTY OF
}
BEFORE ME, the undersi ed authority, a Notary Public in and or the State of Texas, on this day
personally appeared % - i t,�t rC - of
City of Peariand, known to me to be the person whose name is dubscribed to he 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
City, a political Subdivision of the State of Texas. >
Given under my hand and seal of office this // ti day of L , 20 /3 .
REBECCAA. BOWERY
NOTARY PUBLIC
STATE OF TEXAS
My Commission Wes 01-10-2017
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251.1700
J:UOB FILES1820121636875081DOCUMENTSl63687508-1. DOC 01/11/13 mit
4„,
Notary's Signature
Q ll
e1�e�c /1. /Soj Je.r y
Name typed or printed
Commission Expires
4
JOB 63687508-1
MAP 5749C
SIC South Houston
REV. 1: JOB NO. BY: DATE: 1 REV.2: JOB NO.
BY:
DATE:
EASEMENT — UNOBSTRUCTED
COUNTY: BRAZORIA
DATE: JANUARY 2, 2013
SCALE: 1" = 100'
FILE NO. — BOOK:2012
50 0 50 100
LAST PLOT DATE: 1/10/2013
DRAWN BY: JJK
MAP NO: 5749C
JOB NO: 63687508
CHECKED BY: JLG
150 O�
SCALE IN FEET �.(�,
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING 40 .Ni.)
o
EASEMENTS OR WITH ADJOINING PROPERTY LINES. �. .O .
N' * V* 0 >, 4*,Ck : zt( 1 ,9 07
3.31' \
/ DETAIL
/ N.T.S.
L5
\ 11.84'
ti�1� /7
S49'07'32"E\
—163.o5,J SEE
16 UmE"m"i DETAIL
14' —
W.&S.E. /
4 /
14' Water &
Sewer EaSem en
C. C.F. 2012048386
THOMAS P. ALEXANDER, \,°oc,
JR., et ux.
C.C.F. 2012029407 1-;:4-
Lot
4Lot 1 Block 1 40,
Line Table
Line #
Length
Direction
L1
41.83'
N41'06'16"E
L2
100.01'
S41'03'01 "W
L3
100.01'
N41'03'01"E
L4
106.78'
N48'52'59"W
L5
46.72'
N49'01'25"W
LEGEND
_
® = Found IR w/cap
"Wilson Survey Group"
— = 10' Easement
— — _ 30' Aerial
Easement
F7-1= 10' Easement
[ ] = Calculated
Found 1/2" IR
SEEM •
6'
'5
L5
CenterPoint Energy
SURVEYING & RIGHT OF WAY
P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
SKETCH NO.
3
3
zi-
\ C.C. F 12012 3.9488
1 S®0'111 •.3 -
A-- 1s o'
\%%
J
13-0011
CITY OF
PEARLAND
C.C.F. 2002028697
Lot 4 & Remainder
of Lot 3
O
/
O
CD
3
BLOCK 2
4
1)
c
REGAL OAKS
ESTATES 1
Vol. 9 Pg. 69 P.R.
Bearing Basis: i
Texas Coordinate System of
1983, South Central Zone
(TXSC Zone 4204); NAD 83
259 p0'
10