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R-2014-151 2014-12-08RESOLUTION NO. R2014-151 A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for utility service at the Shadow Creek Ranch Sports Complex. 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 8"' day of December, A.D., 2014. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ,)„ D,J TOM REID MAYOR EXHIBIT A Resolution No. R2014-151 Exhibit "A" 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. SHORT FORM BLANKET EASEMENT STATE OF TEXAS } KNOW ALL PERSONS BY THESE PRESENTS: COUNTIES OF BRAZORIA & HARRIS} THAT, City of Pearland, 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. 0. 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 facilities 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 on, over, under and across the following described lands owned by Grantor, ("Grantor's Property"), to wit: That certain 65.231 -acre tract or parcel of land, being all of Lot 1 of the Minor Plat of Shadow Creek Park, a subdivision partially in the S. G. Haynie Survey, Abstract 212, Brazoria County, Texas, and partially in the S. G. Haynie Survey, Abstract 362, Harris County, Texas, according to the map or plat thereof recorded in Film Code No. 2014008380 of the Plat Records of Brazoria County, Texas, being the same property described in a deed from Lawrence D. Canarelli, et al. to City of Pearland, Texas, dated 1 ,11JOB Fd FS\B2014171179404171179404A1/1179404A-1.DOCX 11112/14 kldbeh JOB 71179404A MAP 5249B SIC 11 0 Clarke December 16, 2002 and filed of record under County Clerk's File 02065583 in the Official Public Records of Brazoria County, Texas and County Clerk's File W303449 and Film Code No. 560-70-1732 in the Official Public Records of Real Property of Harris County, Texas, (the "Easement Area"). 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 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) 2 J:\JOB FILES\8201417117 9404171179404AV71179404A-1.DOCX 11/12/14 klubeb JOB 71179404A MAP 5249B S/C H 0 Clarke 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 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 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 easement adjoining both sides of said ten (10) foot wide easement (for above ground and overhead facilities that are not located adjacent to property lines); 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); 5.) An easement sixteen (16) feet wide and twenty-four (24) feet long (for Grantee's pad -mounted transformer station purposes). 3 J:1J08 FILES/82014\71179404/71179404A/71119404A-1.DOCX 11/12/14 kd/beb JOB 71179404A MAP 5249B SIC H 0 Clarke 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 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 efficient, 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 Area 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. 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. 4 J:UOB FILES02014171179404\71174434A\71179404A-1.DOCX 11112/44 kidbab JOB 71179404A MAP 5249B S/C H 0 Clarke EXECUTED this 8th day of December 20 14. City of Pearland, Texas BY: Signature Clay Pearson Name typed or printed City Manager Title STATE OF TEXAS COUNTY 0 F?orW20114pt } BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared CdA y ?iatsoi+1 Ciiy /yh-/V#*M. of City of Pearland, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (✓fhe 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 8' ' day of)eambe4t , 20l¢ • :cd:Yr MARIA E. RODRIGUEZ (!y��, „ Noisy Public, State of Texas My Commission Expires: 02[26/2017 � •�,'..'gl4M-�'l�Y�a�JF O.i��Y•✓.✓'O Jr4Ay y: a. JAJOB FILES \82014\71179404\71179404A\71179404A-1_DOCX 11112)14 klr/beb 5 Lit ACIA aSCA(Mk 61,e4Qtz Name typed or printed Commission Expires JOB 71179404A MAP 5249B SIC H 0 Clarke STATE OF TEXAS ATTACHMENT AFFIDAVIT } COUNTIES OF BRAZORIA & HARRIS} ddByEFORE me the undersigned authority on this AIA day personally appeared 1/, I P5°A the 6141 lA 4/M of City of Pearland, Texas, 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 65.231 -acre tract or parcel of land, being all of Lot 1 of the Minor Plat of Shadow Creek Park, a subdivision partially in the S. G. Haynie Survey, Abstract 212, Brazoria County, Texas, and partially in the S. G. Haynie Survey, Abstract 362, Harris County, Texas, according to the map or plat thereof recorded in Film Code No. 2014008380 of the Plat Records of Brazoria County, Texas, being the same property described in a deed from Lawrence D. Canarelli, et al. to City of Pearland, Texas, dated December 16, 2002 and filed of record under County Clerk's File 02065583 in the Official Public Records of Brazoria County, Texas and County Clerk's File W303449 and Film Code No. 560-70-1732 in the Official Public Records of Real Property of Harris County, Texas, (the "Easement Area"). 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 J:'JOB FILES\132014171179404171179404A171179404A-1.DOCX 11/12/14 klr/beb JOB 71179404A MAP 5249B SIC H 0 Clarke EXECUTED this 8th day of December 20 14. City of Pearland, Texas Title Clay Pearson Name typed or printed SUBSCRIBED and SWORN before me this $1*day of ,tr+sbe MAMA E. RODRIGUEZ Notary Public, State of Texas My Commission Expires: 02/26/2017 AFTER RECORDING RETURN TO: SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. O. BOX 1700 HOUSTON, TX 77251-1700 7 J:UOB FILES\82014\71179404\71179404A\71179404A-1.DOCX 11/12114 klrlbab 0 • Notary's Signatu•c mot 4e4,44111._RoithmtL Name typed or printed OA -.14 • ZA Commission Expires JOB 71179404A MAP 5249B S/C H 0 Clarke r Shadow Creek Ranch Park 1 inch = 1,000 feet OCT 2014 GIS DEPARTMENT This product is for informational purposes and may not have been prepared for or be suitable for legal engineeringor surveying purposesIt does not represent an on -the - ground survey and represents only the approximate relative location of property - boundaries.