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HomeMy WebLinkAboutO-2002-2596 .' . e ORDINANCE NO. 2002-b?~c;y AN ORDINANCE APPROVING AND AUTHORIZING AN EASEMENT FROM THE CITY OF LA PORTE TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC AND CENTERPOINT ENERGY HOUSTON, DIVISIONS OF CENTERPOINT ENERGY RESOURCES CORPORATION, HAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has 'been discussed, considered and formally acted upon. The City council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e PASSED AND APPROVED, this 18th day of November, 2002. CITY OF LA PORTE By: ~~~~_ /g~r ATTEST: ~&l~ City Secretary AP~~~ Knox w. Ask~ns City Attorney 2 . e Job 34297095-1 Map 62528 SIC 8A YTOWN EASEMENT STATE OF TEXAS } } KNQW ALL PERSON~ BY THESE PRESENTS: COUNTY OF HARRIS THAT, City of La Porte, a municipal corporation, herein called Grantor, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by ~enterPoint Energy Houston Electric, LLC and CenterPoint Energy Houston, divisions of CenterPoint Energy Resources Corporation, herein called, Grantee, whose principal. address is P. O. Box 1700, Houston, Texas n251, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, ~n easement for eleGtric distribution facilities and/or natural gas facilities (consisting of all necessary and desirable equipment and appurtenances), located ,on, under, over, and acrqss the following described lands, to wit: Those certain tracts or pC!rce/s of land being 2.8678-acres and 0.296-acres out of the W. P. Harris Survey, Abstract 30, in Harris County, Texas, being that same property described in deeds to City of La Porte, and filed of record ,under County Clerk's File T256000, 'Film Code 520-97-1340 and County Clerk's FiI,e V534072. Film Code 547-80-0729, respectively, in the Official Public Records of Real p.roperty of Harris County, Texas. The easement herein granted is .ten (10) feet wide containing 2151 square feet (0.049-acres), being more particularly, described in EXHIBIT A, hereto attached 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 northerly and easterly of and adjoining said ten (10) foot wide e~sement. The exteriors of all easements are to intersect with the exteriors of all adjoining easemen~s or ~ith adjoining. property lines. G:\OOCIMACI34297095-1.DOC 1011102 1 {~ e e .. ;..~ Job 34297095-1 I " Map 62528 .' SIC 8A YTOWN .. Grantee shall also have rights of ingress and egress to and from said easement, .' together with reasonable working space, f~r the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said electric distribution facilities and/or .; natural gas facilities, together with the additional right to remove from said easement and land adjoining thereto, 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 electric distribution facilities and/or natural gas facilities. This instrument grants Grantee certain easement rights as more fully described herein. Grantor may GRANT, SELL AND CONVEY unto Grantee easement rights for electrical facilities only, or for natural gas facilities only, or for both electrical and natural gas facilities. Please indicate in the spaces provided below which easement rights, if any, are being conveyed to Grantee. If Grantor signs this instrument and does not check either space provided, it is understood that Grantor intends to convey unto Grantee rights for both electrical and natural gas facilities. ~ Electrical facilities Natural gas 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, its successors or assigns, forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, G:\DOCIMACI34297095-1.00C 1011102 2 ~ e e Job 34297095-1 Map 62528 SIC 8A YTOWN against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this _\ W- day of eflL 120~. CITY OF LA PORTE, a municipal corporation B~ May~r f-. 0 .e (Name typed or printed STATE OF TEXAS } COUNTY OF } This instrument was aclqlOwledged before me on \~ OF' ~JDV. I 20 Dr, by J1J12f..ma,n l-. I ~/Of1-L , Mayor of City of La Porte, a municipal corporation, on behalf of said corporation. ()v Nota s Signature ~lIIfr bJllelf (Name typed or printed) Commission Expires: AFTER RECORDING RETURN TO: SURVEYING & MAPPING CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. O. BOX 1700 HOUSTON, TX 77251-1700 G:\DOClMACI34297095-1.DOC 1011102 3 i('",\ : ~" !;. il .r: e e EXHIBIT A 'Page 1 of 2 21S1 square feet of land of the W.P. Harris.,Survey, A-30, in the City of LaPorte, Harris County, Tex.as, and being more particularly described 'as follows: Commencing'for reference at a found 3/4 "iI:tch iron rod marking the intersection on the southerly line of McCabe Road (7S' ROW called 80' ROW) and, the westerly' line of South Broadway (called 120' ROW); i. Thence , Thence Thence Thence Thenc'e Thence Thence Thence SOOOI4'S8"W, 177.27 feet along said westerly line to a'found 1/2 inch iron rod, said point marking the northeasterly comer of a 0.296 acre trac;t in deed to Ellis Cooper et ai, described in Film ~Code Number 124-03-1218, H.C.O.P.R.O.R.P.; SOO 014 27"E, 77.93 feet along said westex:ly line of said 0.296 acre tract to a found 1/2 inch iron rod marking the Point of Beginning. N890S6'03"W, 123.34 feet leaving said westerly line along the southerly line of said 0.296 acre tract, ~o a point on the eastedy l~neon a SO' wide Harris County Flood Control Easemen~ described in Volume 1788, Page 7.3, H.C.D.R.; N21030'Sl"W, 98.61 feet, along said easterly line to a po~nt; N6S029'09"E, 10.00 feet, leaving said easterly line t~ a point; S21"30'51"E, 91.81 feet to a point; S89.S6'03"E, 116.48 feet to a point ~n the westerly line ,of aforementioned South Broadway; .. SOO.1427"E 10.00 feet, along said westerly line to the Point of Beginning. ...~ J:\2000089\Wp\lO ue.wpd . e .' , j PEXHIBITf A age ,2 0 Z McCABE ROAD EAST (75' R,O.V, CALLED 255.04 ' 80') FOUND 3/4" IP P.O.C. H.C.F',C.n, EASEMENT 40' \oIIDE BEING 20' 1.177 ACRES E;ACH SIDE OF' THE 51257 sa F'T CENTERLINE OF' DITCH CVOL. 1866, PG. 580, H.c.n.R') ,... Scale: l' = 40' H.C.F.C,D, EASEMENT 50' \oIIDE BEING 25' EACH SIDE OF' THE CENTERLINE OF DITCH CVOL. 1788, PG. 73, H,C.D.R.> N 68"29'09" E 10.00' ~ '. .. Co" , lI1'I' .. C\J "':-r' - ' o ~ NO DUMPING SIGN o o PROPOSED 10' UTInITY EASEMENT C/.l \\ \\ \\ \\ \\ \\ \\ '\\ ~. , o.\.' <}..9-' e1(.. \>~. ~~I Y:o~' ~(;J~((....l,""ro I \,,\s rv'!J' , ~\; 1,~' o. \: S 00"14'27" E 10,00' . ~ 116.48' '. ~ ~ S 89.56'03' E \oIATER METER FOUND 1/2' IR S.\oI.B.T. PEDESTAL w .. .. 1'.. C\JM .. 0' ...:-. -I' ~I' o " GI) >-,~ <[- ~q ~n:: <[... DO n::C\J ..-f F'ND 1/2' IR p:j P.O,B. ~ Iw ~-' :::::>-, 0<[ C/.lu ~ 123.34' N 89056'03" \J 150,22' . :i"'~~\ ~ 9-9-~' '\) ~ ~ ,",~p. ~ \..~ 6tO I ;\ \..\.. \ '3:" '2,tO ~~ \A..A ~o. \ . ~~, i. ;:. 'I': .,:' l..., '. ... 1. l~ L:;;'JL =-4 __SOA CONSULTINC ENCINEERS, INC. .- IIDJmI rauwAY. 11'1 100 IllIllmIlI, TIXIlI' 'TtII:I7 'RDICI (IBI) ___ .,_. FAX (181) IIIO-llI79 , 2151 S.f". (0.049 AC.) SKETCH Of" A 10 f"OOT UTILITY EASEMENT OUT Of" THE W.P. HARRIS SURVEY, A-30 BEING OUT Of" 43.0392 (CALLED 42.9825) ACRES CITY Of" LaPORTE HARRIS COUNTY, TEXAS AUGUST 2002 .'~ ".. ,. ':." " '.~,:' ,- ",~.:~\,.~::,;.:: ;.:, ',- . ; -;1. '.~ ~ " ~..., '" l' :,.1/ . ..... .," ........ .. "I '.;'::~. .~~,,:~/.::. "'N""'" 's' ',,' . \:1' ~;.~ r~. .::-~: