R-2014-021 2014-03-10 RESOLUTION NO. R2014-21
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 Center Point Energy.
PASSED, APPROVED, AND ADOPTED this 10th day of March, A.D., 2014.
TOM REID
MAYOR
ATTEST:
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V Y SE e'ETARY =_
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-21
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 }
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS }
THAT, City of Pearland, a political subdivision of the State of Texas, hereinafter
referred to as "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, its
successors and assigns, hereinafter referred to as"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, all or in part, a
perpetual blanket easement, hereinafter referred to as the "Easement", for electric
distribution and related 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 on, over, under, and across the following
described lands owned by Grantor, ("Grantor's Property"), to wit:
That certain 0.467-acre tract of land out of the w. D. C. Hall League,Abstract
70, in Brazoria County, Texas, being the same property described as Parcel
"A" in a deed from John B. Yost, et ux. to City of Pearland, dated April 21,
2004 and filed for record under County Clerk's File 2004027034 in the Official
Public Records of Brazoria County, Texas, (the "Easement Area").
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above the ground and extending upward, hereinafter collectively referred to as"Grantee's
Exclusive Easement Area", and, (iv) doing so does not, in the sole opinion of Grantee,
endanger or interfere with the efficient, safe and proper operation and maintenance of
Grantee's Facilities.
Grantor herein covenants and agrees that, in the event that any third party facilities
or obstructions are located within Grantee's Exclusive Easement Area, Grantor will take
immediate action to remove and/or relocate said facilities and/or obstructions to a location
outside of Grantee's Exclusive Easement Area at Grantor's sole cost and expense.
If Grantor, its successors or assigns should, at any future date, request that the
Easement Area 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 wide easement (for above and below ground facilities);
2.) A ten (10) foot wide easement together with ten (10) foot aerial
easements adjoining both sides of said ten (10) foot wide easement (for
above ground and overhead facilities that are not along a perimeter);
3.) A ten (10)foot wide easement together with an adjoining eleven (11)foot,
six (6) inch wide aerial easement (for above ground and overhead
perimeter facilities);
4.) A fourteen (14) foot wide easement together with an adjoining seven (7)
foot, six (6) inch wide aerial easement (for above ground and overhead
perimeter facilities);
Grantee further agrees to release this 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
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The Easement Area herein granted is a blanket easement and shall apply only
insofar as the boundaries of Grantor's Property will permit. Grantee further reserves the
right to extend services and drops within Grantor's Property and to adjacent land owners
from said Facilities.
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 and
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 or assigns, is hereby obligated to place
National Electrical Safety Code notices into Community Deed Restrictions when the
Easement Area falls within residential developments.
Grantor herein reserves the right to grant easements in favor of third parties across
the herein described Easement Area in a near perpendicular fashion to Grantee's Facilities,
the approximate locations of which are shown on Exhibit"A", attached hereto and made a
part hereof, provided (i) no other utilities are permitted to cross within a vertical distance of
twenty-four (24) inches of Grantee's below ground Facilities, (ii) no other facilities or
structures shall be permitted longitudinally within a distance of five (5)feet of the centerline
of any of Grantee's below ground and above ground Facilities, (iii) no other utilities or
structures shall be permitted longitudinally within a distance of fifteen (15) feet of the
centerline of any of Grantee's overhead Facilities, beginning at a plane sixteen (16) feet
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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,
installing, operating, maintaining, replacing, inspecting, and removing said Facilities,
together with the additional right to remove from said Easement Area, all bushes, trees and
parts thereof, or other structures which, in the opinion of Grantee, 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, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto Grantee 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 and rights unto said Grantee, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
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ATTACHMENT
AFFIDAVIT
STATE OF TEXAS }
COUNTY OF BRAZORA }
BEFORE me the undersigned authority on this day personally appeared
Clay Pearson the City Manager
of City of Pearland, hereinafter referred to as Affiant, who being 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 0.467-acre tract of land out of the w. D. C. Hall League,Abstract
70, in Brazoria County, Texas, being the same property described as Parcel
"A" in a deed from John B. Yost, et ux. to City of Pearland, dated April 21,
2004 and filed for record under County Clerk's File 2004027034 in the Official
Public 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.
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EXECUTED this 10th day of March 20 14.
City of Pearlan. . politica� bdivision of the State of Texas
BY: ___ /
Signature
City Manager
Title
Clay Pearson
Name typed or printed
SUBSCRIBED and SWORN before me this tOV'Nday of M6.Ccr t ,20 .
44
DAISY MATH Notary's Sia e
it NOTARY PUBLIC Hod G
4M STATE OF TEXAS
My Gldndnlon Fxpis06.19,2015
Name typed or printed
( -2OI3
Commission Expires
AFTER RECORDING RETURN TO:
SURVEYING&RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC
P.0.BOX 1700
HOUSTON,TX 77251-1700
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