R-2015-172 2015-09-21RESOLUTION NO. R2015-172
A Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to CenterPoint Energy for service to the
properties in the vicinity of Pearland Parkway.
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 21St day of September, A.D., 2015.
ATTEST:
NG L ING, T
Y SEC TARY
APPROVED AS TO FORM:
CrL,
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
```0% 111 S,,,,''
RU,y�'s
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RESOLUTION NO. R2015-172
Exhibit "A"
ELECTRIC 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
}
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZORIA }
THAT, City of Pearland, its successors and assigns, 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, an
exclusive, perpetual easement, hereinafter referred to as the "Easement", for electric
distribution and related 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 within a portion of the following described
lands owned by Grantor, ("Grantor's Property"), to wit:
Those certain called tracts containing 3.644 -acres (Parcel "3") and 8.015 -
acres (Parcel "4") of land situated in the Thos. J. Green Survey, Abstract
198, Brazoria County, Texas, being the same property described in a deed
from Robert L. Alexander to City of Pearland, dated February 18, 2005, and
filed for record under County Clerk's File 2005018363 in the Official Records
of said County and State.
The unobstructed easement area(s) herein granted, hereinafter referred to
as the "Easement Area", whether one or more, are described as follows:
An easement ten (10) feet wide. the location of which is shown by the
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hatched area on Sketch No. 15-0522, attached hereto and made a part
hereof, together with an unobstructed aerial easement eleven (11) feet six
(6) inches wide, beginning at a plane sixteen (16) feet above the ground and
extending upward, located northeasterly of and adjoining said ten (10) foot
wide easement.
Grantor 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, Grantor, 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 the Occupational Safety and Health Administration ("O.S.H.A."), Chapter 752 of
the Texas Health and Safety Code, the National Electric Code, and the National Electrical
Safety Code.
Absent written authorization by the affected Grantee, all utility and aerial easements
must be kept unobstructed from any non-utility improvements or obstructions by Grantor.
Any unauthorized improvements or obstructions may be removed by Grantee at the
Grantor's expense. While wooden posts and paneled wooden fences along the perimeter
and back to back easements and alongside rear lots lines are permitted, they too may be
removed by Grantee at the Grantor's expense should they be an obstruction. Grantee may
put said wooden posts and paneled wooden fences back up, but generally will not replace
them with new fencing.
Grantee shall not deny or obstruct ingress or egress to or from Grantor's Property,
and Grantor retains all rights to cross the Easement Area for access, but not interfering
with the utility purpose for which the Easement is granted. Grantor shall have the right to
construct or locate in a near perpendicular fashion, utilities, drainage ditches, roadways,
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driveways, across. but not along or solely along, within or under the Easement Area herein
granted. Grantor assumes all responsibility for the cost of constructing, paving and
maintaining said roadways or driveways within easement crossing areas. In the event that
Grantor constructs, or causes to be constructed, any utilities, drainage, ditches, roadways,
and/or driveways which results in the relocation of Grantee's Facilities. the Grantor will be
responsible for all costs associated with the relocation and/or removal of Grantee's
Facilities. Grantor is prohibited from using the Easement Area for stockpile, spoil, water
retention or detention, or lay down areas.
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 Grantor's
Property 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. Further, in
the event dead or dangerous trees exist within the fall range of overhead electrical
facilities, then Grantee shall have the right to take down dead or dangerous trees based on
Grantee's discretion.
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
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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.
The terms, conditions and provisions contained herein constitute the complete and
final agreement between Grantor and Grantee, (collectively the "Parties") with respect to
the subject matter hereof and supersedes all prior agreements, representations and
understandings of the Parties and, by Grantor's signature affixed hereto and Grantee's use
of the Easement, the Parties evidence their agreement thereof. No oral or written
agreements made or discussed prior to, or subsequent to, the execution of this Easement
shall supersede those contained herein. Any and all revisions, amendments and/or
exceptions to the terms, conditions and provisions contained in this Easement shall be in
written, recordable form and executed by both parties, or their respective successors or
assigns in order to be deemed valid.
EXECUTED this ' day of Deet. , 20 15- .
BY:
Signatur
C1a� 1)f.a Ron)
Name typed r printed
e,ky M anlac.12.
Title
4
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STATE OF TEXAS
}
COUNTY OF V • 2o-c\c\ )
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared C�\ kc>�aq P ( 1
of it of Pearland,`&nown to me the person
whose name is subscribed to the foregoing instrument and acknowledged to me that
(1-\ )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 1 day of OC�Clipe< , 20 (5 .
DAISY MATA
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 71912019
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. 0. BOX 1700
HOUSTON, TX 77251-1700
5
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Notary's
Act
Name typed or printed V
-4`-2c t
Commission Expires
JOB 74174166-2
MAP 5649D
S/C SOUTH HOUSTON
50
0 50 100
1 1 1
SCALE IN FEET
150
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY ONES.
BARRY ROSE ROAD
LEGEND
• = CoII & Fnd. I.R. w/cop
"C. L. DAVIS-RPLS 4464"
c�) - Fnd. I.R. w/cop
"RPLS 1718"
o = Fnd. 5/8" I.R.
19.27'
0
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rr
(7)
CITY OF PEARLAND
2005018363 O.R.
CALLED 3.644 ACRES
PARCEL "3"
EASEMENT "B"
r ((CALL 148.19') -�
4?
REV.1: JOB NO. BY:
DATE:
REV.2:JOB NO.
EASEMENT - UNOBSTRUCTED
COUNTY: BRAZORIA
SURVEY DATE: 07-14-15
SCALE: ' = 100'
FILE NO. - BOOK:2015
LAST PLOT DATE: 07-21-15
DRAWN BY: CPD
MAP NO: 5649 D
JOB NO: 74174166
CHECKED BY: MIO
BY: DATE:
CenterPoint Enerq
SURVEYING & RIGHT OF W
P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
Firm Number: 10027400
SKETCH NO. 15-0522
THOS. J. GREEN SURVEY A-198
ROBERT LEE ALEXANDER, JR.
INDEPENDENT EXECUTOR OF THE
ROBERT LEE ALEXANDER, SR. ESTATE
PROBATE NO. PR031498
REF.: 2009051685 0.P.R.
REF.: VOL. 1725 PG. 120 D.R.
RESIDUE OF CALLED 172.0566 ACRES
10' EASEMENT
EASEMENT "A"
72'77.7-77.7=- te yyierr7 X7'77
EXISTING c. 10' CENTERPOINT
ENERGY EASEMENT
84 81 625 O.R.
SKETCH NO. S84-371
L3
S/D LINE
N 48'19'24" W (CALL 525.58')
4
ONDOAI (701Y7-
ALEXANDER
'0'RT
ALEXANDER LANDING
SECTION 4
VOL. 17 PG. 193 P.R.
J
0
.L5.
Rearing Basis:
Texas Coordinate System of
198.3. South Central Zone
(TXSC Zone 4204); NAD 83
c 10' EASEMENT
L1- 101.03'
S/D LINE
47
N 48'22'23"
W
z
J
V)
250.09'
W - 410.11'
1>
Line Table
Line #
Length
Direction
L1
59.00'
N 48'22'23" W
L2
29.32'
N 41'40'36" E
L3
7.00'
N 41'40'36" E
L4
36.27'
N 41'40'36" E
L5
59.00'
N 4819'24" W
$* Okla �WI
X40" 1"t
•
t ra : i -7 ,�kr.
I
Existing
Centerpoint
Circuit
Proposed
Centerpoint sj
Electric Easement
Planned
Centerpoint Circ
System for
Pearland Parkw
uit
ay
Proposed Circuit
Existing Circuit
City Owned
Property
4ireW.
t t i •
�r er ,
` t •
This product ts for nformabonal purposes and
may not have Peen prepared for or be surtab4e
for legal engmeenng a surveying purposes. N
does not represent an on -the -ground survey and
represents only the appro.imate relalrve location
of property boundarws.
Seale 1:8,716
1 in • 726 ft
September 15. 2015
NORTH