Loading...
R-2013-041-2013-03-11RESOLUTION NO. R2013-41 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: 0,,L av_____ DARRIN M. COKER CITY ATTORNEY ,I,,,,,c),J TOM REID MAYOR Resolution No. R2013-41 Exhibit "A" 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 } 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 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: Those certain 7.298 -acre and 1.0 -acre tracts of land situated in the Warren D,C, Hall League, Abstract 70, Brazoria County, Texas, being the same properties described in deeds to City of Pearland, filed for record under Volume 1310, Page 836 and Volume 1499, Page 926, respectively, in the Deed Records said County and State. The Easement Areas herein granted are described as follows: 1) An easement ten (10) feet wide, the location of which is shown by the hatched area on Sketch No. 12-0637, hereto attached and made a part hereof, together with an unobstructed aerial easement eleven (11) feet six (6) 1 J:VOB FILES4B201216368719918 J08 DOCUMENTSV63887199B-1.DOC 02/22/13 rmt JOB 636871998-1 MAP 56488 SIC H. O. Clarke inches wide, beginning at a plane sixteen (16) feet above the ground and extending upward, located westerly of and adjoining said ten (10) foot wide easement. 2) An easement ten (10) feet wide, shown by the crosshatched area labeled L1 on said attached Sketch No. 12-0637, 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 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, 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 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 2 J:UOB FILES\B201216368719918 JOBIDOCUMENTS\63687199B-1.DOC 02/22/13 not JOB 636871998-1 MAP 5648B 610 H. O. Clarke 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. Grantee shall allow communication wires and cables within the Easement Area herein granted, provided said wires and cables do not interfere with the efficiency, safe and proper operation of Grantee's facilities. Rights must be obtained from Grantor, prior to the installation of said communication wires and cables. 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 , 201 3 . City of Pearland BY: 41.," Signature Bill Eisen, City Manager Name typed or printed City Manager Title 3 J:VOB FILES\B2012V63687199V8 JO8IDOCUMENTS163687199B-1.DOC 02/22/13 mit JOB 63687199B-1 MAP 56486 S/C H. O. Clarke STATE OF TEXAS�} COUNTY OF /d/taltatLc t1 BEFORE ME, the undersigned authority, a N ,tary Public in and for the State of Texas, on this day personally appeared • Ya -)of City of Pearland, known to me to be the person whose narf4e is subscribes efi to the foregoing instrument and acknowledged to me that (i -}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. Given under my hand and seal of office this //4' day of 20/3. REBECCAA. BOWERY NOTARY PUBLIC STATE OF TEXAS My Cambia, Etlpiet 01.104017 AFTER RECORDING RETURN TO: SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. O. BOX 1700 HOUSTON, TX 77251-1700 4 J:UOB FlLES\32012163687199113 JOBIDOCUMENTS163687199B-1.DOC 02/22/13 not ,e"-Ra,..4, 4 Notary's Signature Re--be-t--e-4 440r Name typed or printed 411- /i - aL /7 Commission Expires JOB MAP S/C 636871998-1 5648B H. O. Clarke REV. 1: JOB NO. BY: DATE REV.2: JOB NO. EASEMENT — UNOBSTRUCTED COUNTY: BRAZORIA DATE 11/27/2012 SCALE 1" = 100' FILE NO. — BOOK: 2012 LAST PLOT DATE: 11/27/2012 DRAWN BY: A.W.P. MAP NO: 5648B JOB NO: 63687199 CHECKED BY: M.1.0. 50 0 50 100 r 1 . SCALE IN FEET NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO INTERSECT WITH THE EXTERIORS OF ALL ADJOINING EASEMENTS OR WITH ADJOINING PROPERTY LINES. Existing CenterPoint Energy J fk.a. 'Houston Lighting & Power Company" 10' aSEMEWT Vol. 1592, Pg. 615 D.R. Sketch 81-171 0 cc w Existing CenterPoint Energy fk.o. "Houston Lighting & Power Company" ¢ 10' EASEMENT Vol. 1690, Pg. 678 D.R. Sketch 82-496 10' EASEMENT • BY: DATE: CenterPoint Energy SURVEYING & RIGHT OF WAY P.O. Box 1700 Houston, TX 77251-1700 SKETCH NO. 12-0637 S 47'43'49" Ems— 290.04' t Co & Fnd. Fnd. %2 I.R. CITY OF PEARLAND Vol. 1499, Pg. 926 D.R. 1.0 Acre Tract Line is 10' EASEMENT L CITY OF PEARLAND, BRAZORIA COUNTY Vol. 1310, Pg. 836 D.R. Residue of 7.298 Acres Line Table Line # Length . Direction L1 33.00' N 4217'06" E Existing CenterPoint Energy fk.o. "Houston Lighting & Power Company" 10' EASEMENT Vol. 1725, P9. 901 D.R. Sketch 83-242 N SHADYBEND DRIVE ( 60' R.O.W.) Fnd. LR. w/P1astic Cap Mkd. C L DAYS 4644" WARREN D.C. HALL LEAGUE, A-70 CaN & Fnd. Y2' /.R. Vol. 944, Pg. 359 D.R. Residue of 20.00 Acres Bearing Basis: Texas Coordinate System of 1983. South Central Zone (TXSC Zone 4204); NAD 83 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.