R-2016-108 2016-06-27RESOLUTION NO. R2016-108
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the subordination of rights in a water/sewer easement to
CenterPoint Energy Houston Electric, LLC, for underground electric
lines to serve the Lower Kirby vicinity.
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 authorized.
PASSED. APPROVED, AND ADOPTED this the 27t1 day of June, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ayna-k
TOM REID
MAYOR
Resolution No. 82016-108
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 HARRIS }
THAT, Pearland Economic Development Corporation, a Texas non-profit
corporation, 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:
Tract "A" of Block 1 of Project Heartbeat Campus PH I, a subdivision situated
in the J. Hamilton Survey, Abstract 876, Harris County, Texas, according to
the map or plat thereof recorded under Film Code No. 629185 of the Map
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:
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An easement ten (10) feet wide, located southerly of and adjoining the
dedicated five (5) foot wide utility easement ("U.E.") located southerly of and
adjoining the entire northerly line of said Tract "A" of Block 1 of said
subdivision.
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.
Notwithstanding the description of the Easement Area set forth herein, the parties
intend that the Easement Area herein granted shall run to the edge of Grantor's Property
so that the exteriors of all ground and/or aerial easements herein granted are to intersect
with the exteriors of all adjoining easements and/or property lines without creating any gaps
between the Easement Area herein granted and any existing easements and/or property
lines.
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
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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,
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
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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
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 6 )/ \ day of ),--'/ � , 20 /6-2
Pearland Economic Development Corporation, a Texas non-profit corporation
BY
Sign re
met, f- 1) -(-, ct.-n
Name typed or printed
Pie 5idcim PEL,
Title
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City of Pearland does hereby subordinate to Grantee all rights, title and interest in
the preexisting, dedicated Water & Sewer Easement ("W.S.E.") located on, over,
and across said Easement Area.
City of Pearland, Texas
BY:
Signal
C la. Pear ., Al
Name typed or printed
a.n&.er
Title J
STATE OF TEXAS }
COUNTY OF 31,3oyi, }
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Ma -R Tbuc 171a v
of Pearland Economic Development Corporation, a
Texas non-profit corporation, 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 corporation.
Given under my hand and seal of office this Ov\ day of Sw„,\ , 20 \0 .
p,,,., ROXANNE TUNA-LARSEN
=r:
Notary Public, State or Texas
My Commission Expires
;;y;`,•' September 17, 2018
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Nota s Signature
RC)Ni c . KOV .-aV Si2 il
Name typed or printed
q- 01
Commission Expires
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STATE OF TEXAS
COUNTY OF Brazoria
}
}
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, Texas, 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 city.
Given under my hand and seal of office thisO day of July , 20 16 ,
MARIA E. RODRIGUEZ
NOTARY PUBLIC. STATE OF TEXAS
MY COMMISSION EXPIRES
Eiprras, FM:musty 28.2017
Notary 10 s 1069221.7
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251-1700
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Notary's 1 nature
Maria E. Rodriguez
Name typed or printed
02.26.2017
Commission Expires
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