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Home My WebLink AboutO-2008-3118 grant streetlight allocation easement to CenterPoint Energy/install 10 decorative streetlights-Pond to Park project located at 3502 Driftwood E REQUEST FOR CITY COUNCIL AGENDA ITEl\'1 Appropriation Agenda Date Requested: Requested By: Stephen L. Barr ouree of Funds: N/A Department: Parks & Recreation Ace't Number: Report: _ Resolution: _Ordinance: -X- Amount Budgeted: N/A Exhibits: Easement Agreement Amount Requested: N/A Exhibits: CenterPoint Survey Document Bud eted Item: YES NO N/A Exhibits: SUMMARY & RECOMMENDATION Phase III of the Pond to Park project includes interior park lighting to illuminate the interior of the park for patron access. The City of La Porte has excess capacity in its CenterPoint street light allocation for this year to install ten decorative street lights in the park, utilizing the CenterPoint Decorative Streetlight Program In order to proceed with the project CenterPoint Energy requires an easement in the portion of the park where the lighting wIll be installed. CenterPoint staffhas reviewed the plans for the park and approved the installation, and has provided the survey required to obtain the easement. The easement consists of a 5' strip adjacent to the existing east-west walkway, and a 10' strip adjacent to the existing north-south walkway and viewing platform (see survey, attached). The City of La Porte has used excess streetlights from its allocation to light two previous park projects, the jogging trail at Glen Meadows Park, and the entrance drive to Sylvan Beach Pavilion. Staff recommends approval of an Ordinance granting the e'dsement to CenterPoint Energy which will allow the placement of ten decorative streetlights in the park located at 3502 Driftwood, La Porte. Council A enda IO)~ Date ORDINAr~CE NO. 200S-.QlJi AN ORDINANCE APPROVING AND AUTHORIZING A STREETLIGHT EASEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, TO PROVIDE AN EASEMENT AREA FOR INSTALLATION OF LIGHTING FOR THE PO~'D TO PARK PROJECT, ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAIl'l'ED BY THE CITY COlJNCIL 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, a copy of which is on file in the office of the City Secretary. The City Manager 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, detennines, 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 thi<; 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 fillther ratifies, approves, and confnms such written notice and the contents and posting thereof Page 1 of2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is SO ordered. PASSED AND APPROVED, this 13TH day of OCTOBER 2008. CITY OF LA PORTE (1- ~- ~~~--J~~ By: Alton E. Porter, Mayor ATTEST: '-1fJddh#4t/ Martha Gillett, City Secretary APPROVED AS TO FORtvl: ~r~ C ark T. Askins, Assistant City Attorney Page 2 of2 Jab 47795937-1 Map 61538 SIC SA YTOWN 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. EASEMENT STATE OF TEXAS } KNOW ALL FERSONSBY THESE PRESENTS: COUNTy' OF HARRIS } THAT, City .of La Parte, herein called Grantor, whether one or more, for and in consideration of the sum .of ONE DOLLAR ($1.00) CASH to Grantar paid by GenterPoint Energy Houston Electric, LLC, herein called Grantee, whase principal address is P. O. Box 1700, Houston. Texas 77251-17DO, has GRANTED, SOJ...D AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee,its successors and assigns, all .or in part, an easement (hereinafter referred te as the "Easement Area", . whether one or more) for electric distributien and communicatian facilities (hereinafter referred to as "Facilities") consisting .of a variable number of wires and cabies 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, lecated within the following described lands owned by Granter, to wit That certain8.151-acre tract of iand, beingati of Detention Reserve of Fairmant Park East Section Six, a subdivisien located in the William M. Jones Survey, Abstract 482, Harris County, Texas, according to the map .or plat thereof recorded in Film Code 416008 of the Map Records of said county and state, being- the same property described in a deed from Fairmont Park East Homeowners Association to City of La Porte, dated July J:\lOB FIlES\B200B\477959371A7795937-1.DOC (}9:/0810B dp 1 Job 47795937-1 Map 6153B SIC SA YTOWN 1, 2002 and filed for record under County Clerk's File W022864 and RIm Code 555-44-2491 in the Offtcial Public Records of said Gountyand State. The Easement Area herein granted is described as follows: 1. An easement of variable width, the location of Which is shown by the double crosshatched area on Sketch No. 08-505 and Sketch No. 08-. 505A, hereto attached and made a part hereof; 2. An easement five (5) feet wide, the location of which is shown by the crosshatched area ons3id attached Sketch No. 08-505 and Sketch No. {)8~505A; and 3. An easementten (10) feet wide, the location of the centerline of which is shown by the dot-dash symbol on said attached Sketch No. 08-505 and Sketch No. 08-S0SA. Grantor or its successors or assigns shan 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", \>vhen working in or near the Easement Ama. To the extent that such Laws and Codes apply to Grantor, its successors or assigns, Grantor or its successors or assigns shall observe all safety codes and laws which apply to working along, within and or near the Easement Area and Facilities during construction actfvities and safe clearance from such Facilities, inciuding D-S.H.A., ChaptM7S2 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 top/ace National Electrical Safety Code notices into Community Deed Restrictions when Easement Area falls within Residential Developments. Notwithstanding the description ofthe Easement Area set forth in the exhibits, the parties intend that the Easement Area granted herein shall run to the edge of Grantor's J:UOB flLES\B200S\47795937147795937-1.DOC O9IOllIllS dp 2 Job 47795937-1 Map 6153B SIC SA YTOWN property so that the exteriors of all ground or aerial easements herein granted are to intersect with the exteriors of aii adjoining easements and/or property Hnes without any gaps in the property granted. Grantee shall also have reasonable fights of ingress and egress to and from said Easement Area, together with reasonable working space, for the purposes of erecting, installing, operating, maintajning, replacing, inspecting, and removing said Faciiities, together with the additionat right to remove from said Easement Area and land 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. TO HAVE AND TO HOLD the above described Easement Area, together with all and singular the lights 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 fully warrant and forever defend aU and singular the above described Easement Area and rights unto said Grantee, its successors and assigns, 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 responsibfe for all costs associated with the relocation and/or removal of Grantee's Facilities. J:\JOB F1LESIB2ll08\477!!5937\47795l137 ~1.DOC O9I!lBillll dp 3 Job 47795937-1 Map 61538 SiC BA YTOWN 13ft- day of tx)o b~( ,2008. BY: '(on 'BoH-bwb Name t:fPed or printed Hk~ AbcG L~+\.-I , Title ST ATE OF TEXAS } COUNTY OF HARRIS } . ~ This instrument was acknowledged before me on _13 j~(, 2008, by ton M#DfYI ~ , Li~ J4 4'AJJc6t:K... of City of~, orte, a municipal corporation, on behalf of said corp atlOn. @ MARTHA GILLETT My Commission expires August 22. 2009 ~ ~ t Ljl~~Jit 1\Aa (k bl')!e# Name typed or printed ~/~~ {J1 C.;:;mmission.Expires --- --- ........ ....... AFTER Ri:CORDI:NG REtVRN TO: sURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC 1'. O. BeX 17tlO HOUSTON, TX 77251.1700 J:\JOB FILES\El200B\471ll5937\47795937-1. DOC 01l1OlllO6 dp 4 \J ::0 --- -r, --l ~ () \::J \:J :n ---::. ~ ---..... CD a ::a \ () ~ '----- w. M. JONES LEAGUE A-482 FAIRlilOlfT PARK EAST SECTION SIX FND. I.R. W/PL GAP MARKED "W\NROSE 1X. 4757" \ t F.C. 41600B IIi.R. MESQUITE (50' R.O.W.) z o .....(.oj .....0 35 ~.o: 34 83 .....Ul -~ .:;E / ---I FNO. N 1/2" 1.R. SEE DUAIL .e" /-......... f-. ...- ...... .-'" RESERVE "H" 50'- 0 1.-____1 50 100 I I SCALE IN FEET 82 31 30 . 29 r-DED.1.6' U.E. 28 \ ~JSEE \. ~ DETA!L "A- !l+s' EASEMENT ~ \ ~ I l, ,u;:- I L,Wt_" CITY OF LA PORTE DETENTION RESERVE Le. 416008 M.R. F.e. 555-44-2491 W022864 O.P.R.R.P. 8.151 AC. \ 2'1 26 BLOCK 4-4 ----- LfNE TABLE LENGTH 1 BEftJ'~tNG L1 L2 l3 l4 L5 L6 L71 La L9 l10' , L11 132.25 27.39 17.06 169.39 1 4-.66 169.95 137.68 3.37 137.68 3.23 15.B1 S87'28'4-5"W r-.l86'S4'01"E 504'5"24"E N81"28'45"E 502'59'24"( 581"20' 42"W 503'04'29"E S86'5..r'3S"W 503"02'22"[ N86'54'01 "E - NO~05'59.W SEE / ;~ ~ETAIL "8" I _! \ DEED TO CITY fOR 7' MA'NTFl.;ANCE ACCESS 5'1- 1;'~~~~IENANCE ACCESS r S SDUNE --PAIRMONT PARK EAST SECTION FIVE F.C. 531108 M.R. ~ \ \ 2 5 6 ..-':':.' r-nQII\lrlMnnn DRrVE (5di~'5R.o. w.) J.11\jJV\..7l'r-~j'-'''-'' - . 150 I - . - = rt 10' EASEMENT BY: B~Grirl9 6us"r5: T91<O. Cooroinote System <>f 1983, SQuth Centro! Zone (lXSC Zone 4204); NAn 83 SHEET '\ or 2 BY: NaTE: THEOOffilORS OF ALL rASEMENTS ARE TO urn:RStCT WITH 1liE EXTERIORS Of AlL AOJOINm EASEl.1EI<TSOR wtTH AOJOlNlNG PROPERlYtlNES. REV.l:JOB NO. EASEMENT - UNOBSTRUCTED COUNT'f: HARRiS DATE: AUGUST 29, 2008 SCAtE: 1. -= 100' ALE NO. - BOOK: Z008 DATE: REV.2:JOB NO. lAST PLOT DATE: 09-02-2008 DPAWt" BY: GDW MAP NO: 6153 83 JOB NO: 47795937 CHECi<ED BY: ere CenterPoint Energy SURVEYING & RIGHT OF WAY P.O. Box 1700 HoUston, TX 77251-1"100 SKETCH NO. 08-505 " , ,l\. ,;, '\ !>~; 1\ - ;2-- "4;. <0-~--------~ J' <:)"; '< r ~ '0' / l1 .. ___--..\ r-------; \ J El. 10' .11 I EASEMENT N 1 \ 1 '\ [117' LT' I \ BRICK I ;/ \ r,^\!'-~C:: A (~::~\ ~)/ -i..-..___----/ liNE TABLE LINE I LENGTH BEARING L1 I 132.25 N8S54'O,"E ! LZ ! 27.39 504'51'24"E L3 17.05 NBT2!t4S"E L4 169.39 502'59'24"[ L5 14.66 S8?20'42"W L6 169.95 S03'04'29"E L7 1.37.68 SBS'S7'38''W La 3.37 50S02'22"E ,^ oI!'7;:"" ~!...... ,.~ "- "....of r~r- N 1~o6 ...J~ v I I:. NOSOS'S9"W--- SB7'28'45"W I \ --. j \\.., ,,~ ~ " B ., , ., C 11 \~--- - .- --- '-.. Iv ^S'/ ",,-;... <(;/ " C)/ I 1-- i I /' ~ \. \ \ SKEET 2 or 2 50 0 1..__,._1 50 I 100 150 I I SCALE IN FEET NOTE: !HE E)(TERlORS Of ALL OOEMENTS ARE TO IMlERSECT WIlli lHE EXlERlORS ()f AU. AtlJOINlNG EASEMOOS OR wnHAi)JOINING PROP€RTY UNES. REV.1:JOB NO. BY: DAlE: REV,2:JOB NO. EASEMENT - UNOBSTRUCTED . LAST PLOT DATE: 09-02-2008 COUh1Y: HARRiS DRAWNBY~ -GO\'1 BY: DATE: '\ Center Point Energy DATE: AUGUST 29, 2008 SCALE: 1" "" 1 QO' FILE NO. - BOOK: 2008 MAP NO; 6153 83 JOB NO: 47795937 SURVEYING & RIGHT OF WAY P.O. Box 1700 Houston, 1)( 77251-1700 CHECKED BY: eFG SKETCH NO, 08-505A