21-R-118 Easement Centerpoint Energy Resource CorpRESOLUTION NO. 21 -R -118
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING AND AUTHORIZING AN EASEMENT WITH
CENTERPOINT ENERGY RESOURCE CORP. ON THE CITY OF
SCHERTZ ANIMAL ADOPTION CENTER PROPERTY, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for An easement with Centerpoint Energy Resource Corp.
( Centerpoint Energy) (the "Grantor "), in the form attached hereto as Exhibit A_ (the "Agreement ");
and
WHEREAS, the City needs Centerpoint Energy to install a natural gas service in
connection with the Animal Adoption Center HVAC Replacement Project, located on the property
at 800 Community Circle Drvie; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
agree to the easement in accordance with the terms of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to
provide the easement in accordance with the terms of the Agreement.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 26th day of October, 2021.
CITY OF SCHERTZ, TEXAS
Awl—, -
Rap utUe ez, Mayor
ATTEST:
Brenda Dennis, City Secr ary
DISTRICT NATURAL GAS 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 GUADALUPE)
THAT, City of Schertz , its successors and assigns, hereinafter referred to as
"Grantor ", whether one or more, for and in consideration of the sum of TEN DOLLARS
($10.00) CASH and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, paid to Grantor by CenterPoint Energy Resources Corp.,
d /b /a CenterPoint Energy Texas Gas Operations, 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, a perpetual easement, hereinafter
referred to as the "Easement ", on, over, under, and across an unobstructed TEN foot (10')
wide strip of land, hereinafter referred to as the "Easement Area ", being out of, and a
portion of, lands owned by Grantor, hereinafter referred to as "Grantor's Property ", for
natural gas facilities and related communication facilities, consisting of all necessary and
desirable above and below ground equipment and appurtenances, hereinafter referred to
as the "Facilities ". Grantor's Property and the location of the Easement Area, as shown
by the hatched area labeled "10.0' EASEMENT ", are identified and depicted on Sketch
No. 21 -0697, attached hereto and incorporated herein.
Grantee herein agrees that after the completion of the construction of the Facilities
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within the Easement Area, Grantee will restore the Easement Area, as nearly as practical
to the condition which existed prior to the commencement of said construction.
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
installing, operating, maintaining, replacing, inspecting, and removing said Facilities
within the Easement Area along and through Grantor's Property
Grantee shall also have the rights to remove from the 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.
Grantor shall have the right to construct or place, or cause to be constructed or
placed, utilities, drainage ditches, roadways, and /or driveways across, in a near
perpendicular fashion, but not longitudinally along and within or under the Easement Area
herein granted, hereinafter referred to as the "Crossings ". Grantor assumes all
responsibility for the cost of constructing, paving, and maintaining said roadways or
driveways Crossings within the Easement Area. Said Crossings shall not be constructed
within twenty -four (24) inches of Grantee's at or below ground Facilities. In the event that
Grantor constructs, or causes to be constructed, any utilities, drainage ditches, roadways,
and /or driveways which results in the relocation and/or removal of Grantee's Facilities,
the Grantor will be responsible for all costs associated with the relocation and/or removal
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of Grantee's Facilities. Grantor is prohibited from using the Easement Area for stockpile,
burn piles, burn drums, spoil, water retention, or lay down areas.
This conveyance is expressly made and accepted subject to all valid and
subsisting restrictions, reservations, covenants, conditions, rights of way, easements,
liens, mineral reservations, and other encumbrances, if any, now in force and existing of
record in the office of the County Clerk of Guadalupe County, Texas, to which reference
is here made for all purposes, and to those easements which, though not of record, are
evidenced on the ground to the extent same pertain to the property.
Grantor, Grantee, and their respective successors and /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, Grantee, and their
respective successors and /or assigns, Grantor, Grantee, and their respective successors
and/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 activities and
safe clearance from such Facilities, including, but not limited to, the Occupational Safety
and Health Administration ( "O.S.H.A. ").
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.
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
City of Schertz
BY: _
Signature
Name typed or printed
Title
4
,20
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STATE OF TEXAS }
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared
of City of Schertz, 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 this day of , 20
AFTER RECORDING RETURN TO:
SURVEYING & RIGHT OF WAY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. 0. BOX 1700
HOUSTON, TX 77251 -1700
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Notary's Signature
Name typed or printed
Commission Expires
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N BEARING BASIS: GRID NORTH G. MALPAZ SURVEY
COORDINATE SYSTEM: TEXAS STATE PLANE, ABSTRACT NO. 221
NAD 1983 (2011), SOUTH CENTRAL ZONE
/
/
/
/
CALLED 1&051 AC
DRAINAGE ROW /
VOL. 1704, PG. 120 /
O.P.R.G.C.T. /
TO
55 pG-
/
/ o
LEGEND
Q — UNMONUMENTED POINT
— FOUND 1/2' IRON ROD
UNLESS OTHERWISE NOTED
R — PROPERTY LINE
R.O.W. — RIGHT —OF —WAY
O.P.R.G.C.T. — OFFICIAL PUBLIC RECORDS
OF GUADALUPE COUNTY, TEXAS
P.R.G.C.T. — PLAT RECORDS
OF GUADALUPE COUNTY, TEXAS
(RECORD) — RECORD CALL TAKEN FROM
VOL. 8, PGS. 73 -76
O.P.R.G.C.T.
Parcel Line Table
Line #
Length
Direction
L1
36.17
N30' 32' 22 "W
L2
10.00
N30' 32' 22 "W
L3
4.24
N30' 00' 00 "W
1-4
10.00
N60' 00' 00 "E
1-5
14.24
S30' 00' 00 "E
0.139 OF AN
,\ / ' R ES�g•�6 ��, ',�. ACRE EASEMENT
�IIxI PG• LOT 1, BLOCK 1 ��
�0 8' S• CITY OF SCHERTT MUNICIPAL COMPLEX L3 R
GP- VOL. 8, PGS. 73 -76
l
00. P R' P. R. G. C. T. / cS
\ J E• �- LOT 1, BLOCK 1
bg
\ /,O \ CITY OF SCHERTT_ MUNICIPAL COMPLEX
\ VOL. 8, PGS. 73 -76
LOT 1, BLOCK 1 P.R.G.C.T.
PARKWAY VILLAGE SUBD. \
VOL. 6, PG. 656 \
P. R. G. C. T.
30 0 30 60 90 0.139 OF AN ACRE EASEMENT
SCALE IN FEET CENTERPOINT ENERGY
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO PARCEL NO. 99585287
INTERSECT WITH ADJOINING PROPERTY LINES, GUADALUPE COUNTY, TEXAS
�'.•' Q`_ FG :rye
......................
MARK F. CONLAN
.........................
'r 090 6342
pESS`Q
REV.1: JOB NO. BY: DATE: I REV.2: JOB NO. BY: DATE:
EASEMENT - UNOBSTRUCTED LAST PLOT DATE: 10 -07 -21 CenterPoint Energy
COUNTY: GUADALUPE DRAWN BY: C.J.L. SURVEYING & RIGHT OF WAY
SURVEY DATE: 10 -04 -21 MAP NO: F219913754 2730 S. IH -35 New Braunfels, TX 78130
SCALE: 1 " =60' JOB NO: 99585287 830- 643 -6937
Firm Number: 10194398
FILE NO. — BOOK: 2021 CHECKED BY: M.F.0 SKETCH NO. 21 -0697