Loading...
R-2015-176 2015-10-12RESOLUTION NO. R2015-176 A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to the Fire Station No. 2 Project. 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 12th day of October. A.D.. 2015. ATTEST: RFING Y SE r RETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. 2015-176 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 BRAZORIA } THAT, City of Pearland, 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: Lot 1 in Block 1 of City of Pearland Fire 2, a subdivision located in the H.T. & B. R.R. Co. Survey, Abstract 240, Brazoria County, Texas, according to the map or plat thereof recorded in 2014040804 of the Plat Records of said County and State, (the "Easement Area"). 1 J:\JOB FILES\82015\71071007\DOCUMENTS\71071007-1.DOC 09/08/15 jmc JOB 71071007-1 MAP 5548 S/C South Houston 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 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. 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 2 JAJOB FILES1B2015171071007\DOCUMENTS171071007-1.DOC 09408/15 1mc JOB 71071007-1 MAP 5548 S/C South Houston 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 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 3 J:\JOB FILES\82015\710710071DOCUMENTSV1071007.1.DOC 09408115 1mc JOB 71071007-1 MAP 5548 S/C South Houston 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 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. 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 4 J:1J08 FILES1B20151710710071DOCUMENTS171071007.1.DOC 09/08115 cmc JOB 71071007-1 MAP 5548 S!C South Houston 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. BY: Signature EXECUTED this 12th day of October 2015. City of Pearland Clay Pearson Name typed or printed City Manager Title STATE OF TEXAS COUNTY OF 3f aZpfL.t } } BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Clay Pearson City Manager of City of Pearland, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said entity. Given under my hand and seal of office this 12''1 day of October, 2015. MARIA E. RODRIGUEZ Notary Public, State of Texas 1 My Commission Expires: ,1 02/26/2017 5 J: JOB FILES02015 71071007DOCUMENTS 71071007-1.DOC 09/08/15 pc Notary's Signature 1 ^^ff / Vk a,2-1 a E - �` DSR(C� Name typed or printed Commission Expires JOB 71071007-1 MAP 5548 S/C South Houston ATTACHMENT AFFIDAVIT STATE OF TEXAS } COUNTY OF } 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: Lot 1 in Block 1 of City of Pearland Fire 2, a subdivision located in the H.T. & B. R.R. Co. Survey, Abstract 240, Brazoria County, Texas, according to the map or plat thereof recorded in 2014040804 of the Plat Records of said County and State. 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:VOB FILES182015\7107100 71DOC 0MENTS171071007-1. DOC 09/08/15 1mc JOB 71071007-1 MAP 5548 SIC South Houston EXECUTED thisl2th day of October 2015. City of Pearland BY: Signature City Manager Title Clay Pearson Name typed or printed SUBSCRIBED and SWORN before me this 12'' day of October 2015. Notary's Signature .yrpL MARIA E. RODRIGUEZ A -L a. Q • e17uc-.1(t - •���� Notary Public, State of Texas lame typed or printed /N +� My Commission Expires: \ Fo.zt 02/26/2017 % Ca • a2lo .02-0i/ '�•'.R✓•.CI..C4.e..CICIl1!✓Y..tIC/.A.,^ Commission Expires AFTER RECORDING RETURN TO: SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. 0. BOX 1700 HOUSTON, TX 77251-1700 7 J: \JOB FILES 1B2015\71071007IDOCUMENTS171071007-1. DOC 09/08115 jmc JOB 71071007-1 MAP 5548 S/C South Houston • 1013T 15023 25S 3005 2 EXHIBIT"A" 25 V 25 4 2S Hx GY20,GY20,GY26PN P51- 4 2\120 ca Lo7on 7 257 641-1 3o1b 2 45' Lucian 5 186' ✓ 74 Location 3 45-2 a 0 0 0 LO Lccatlon 9 k— 7101- 5 45-2 25 231 Location 5 50 kVA- � cat on 4 P19 50 kVA- �d p 53 kVA - 5 ' 1 2 ce 55 - 2 2385120V >-- U-1 w ce O Q O Lo= 65985 3017 LIMP ATE RD (COUNTY 1901 OVA 119• 4633 A CENTERPOINT ENERGY NOTES: WORK ORDER N MAIN WORK CENTER ORDER TYPE MAINTACCT TYPE J/1071007 1 SOUTH HOUSTON uHDC1 GLN 64 ADDRESS KEY MAP FUNCTIONAL LOCATION 6050 FITE 614Q 5548 � DIS-030811-OVH CONSULTANT PHONE NUMBER MOBILE NUMBER CIRCUIT ID NUMBER KASEY HAYNES 713-945-6716 PE05 DATE REQUESTED FIELD TECH FIELD COMPLETION DATE SCALE 1' = GIS PRI: 1 2 3 4 5 itit-merfrotasemmeitor.,7--Imeretycommtmorn ..ses; • r• 7.11,1 , • • Proposed CenterPoint BlaRket Bet trit Easement eftwellsor11.11.100 :az row bob rye. •• uftello. at sum." and re./..1 or* 11., *Ws lotall. of peopely 84waletice. Scale 11.482 11n a 124 ft Soporrix, 28 2015