CM-2014-529 - 9/19/2014City of Round Rock
TEXAS ROCK
rexns Agenda Item Summary
Agenda Number:
Title: Consider execution of a 0.516 acre Gas Easement to Atmos Energy
Corporation for eligible relocation of certain utility lines in connection with
the City's and TxDoT's proposed University Boulevard improvement
project.
Type: City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
9/19/2014
Dept Director:
Steve Sheets
Cost:
$0.00
Indexes:
Attachments:
Department:
Legal Department
Text of Legislative File CM -2014-529
Consider execution of a 0.516 acre Gas Easement to Atmos Energy Corporation for
eligible relocation of certain utility lines in connection with the City's and TXDOT's
proposed University Boulevard improvement project.
Staff recommends approval.
CiWOR—d Rock Res.1 Rnrrteann 14N014
LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Don Childs
Council Action:
ORDINANCE
xx City Manager Approval
Project Name: IKEA Row
ContractorNendor: Atmos Energy Corporation
RESOLUTION
CMA Wording
Consider execution of a 0.516 acre Gas Easement to Atmos Energy Corporation for eligible relocation of certain utility lines in
connection with the City's and TxDoT's proposed University Boulevard improvement project.
Attorney Approval
®Attorney o✓•. ��„(� Date I
O:\wdox\Lawfirm\forms\corr\AGENDA\00139648.XLS Updated 6/3/08
THE STATE, OF TEXAS
GASEASEMENT
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That for and in consideration of Ten and No/ 100 Dollars ($10.00) and other good and
valuable consideration to the undersigned, (herein styled GRANTOR, whether one or more)
paid, the receipt of which is hereby acknowledged, the said GRANTOR does hereby GRANT,
SELL AND CONVEY unto ATMOS ENERGY CORPORATION, a Texas corporation (herein
styled GRANTEE), its successors and assigns, a variable width right-of-way and easement to
construct, inspect, maintain, repair, operate, replace, relocate, change the size of, all within the
easement herein described, and remove at will, in whole or in pari pipelines and appurtenances
thereto, cathodic protection equipment and aerial markers for the transportation of natural gas,
over and through the following described land situated in Williamson County, State of Texas, to -
wit:
0.516 acre, more or less, out of the Ephraim Evans Survey, Abstract No. 212,
Williamson County, Texas, being more fully described by metes and bounds and
sketch in Exhibit "A" attached hereto and incorporated herein, and being a portion
of the property described in deed to Ikea Property, Inc., dated September 16,
2005, recorded in Document No. 2005073608 of the Deed Records of said County
and State, to which reference is made for further description.
Said right-of-way and easement is to include use for a regulator site within the area
shown on the attached Exhibit "A". GRANTEE shall also be entitled to use for construction
purposes such additional portion of GRANTOR'S adjacent land to the north of the easement and
right-of-way as is currently unencumbered by roadway, and this right to use such additional
space shall terminate upon either completion of the initial construction of GRANTEE's facilities,
or on September 1, 2016. GRANTOR represents that the above land is not rented.
IKEA 0516 a, p, rosemen„o M.., (K 9 a 1] d—) (00310588.0818).d-
0 A-ZOH- 579
TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns so long as
such lines, appurtenances and related facilities thereto shall be maintained, with ingress to and
egress from the premises across the adjacent lands of GRANTOR, for the purpose of this grant.
GRANTOR may continue to fully use and enjoy the surface of the easement strip herein
conveyed, provided that GRANTOR shall not construct or permit to be constructed any
permanent structure upon the casement strip herein conveyed which would interfere with the
exercise of GRANTEE'S rights and GRANTOR further agrees not to change the grade, remove
dirt from the surface of the easement or impound water over the easement without prior approval
of GRANTEE.
GRANTEE hereby agrees to bury all pipes, appurtenances thereto, and cathodic
protection equipment to a sufficient depth so as not to interfere with cultivation of soil and to pay
any damages which may arise to growing crops and fences from the construction, maintenance
and operation of pipelines and related facilities constructed under the terms of this grant. The
consideration received for this easement includes payment for the normal damages caused by the
initial construction of the pipeline and its appurtenances, including, without limitation, all
damages to vegetation. Should more than one pipeline be constructed under this grant at any
time, the sum of two dollars per lineal rod for each additional line shall be paid, besides the
damages provided above. GRANTEE further agrees to install aerial markers of the size, shape,
arrangement, approved by the GRANTOR at the locations and elevations at the consent of the
GRANTOR.
For the same consideration, GRANTEE is further granted the right herein to install
aboveground (valves, metering facilities, pressure relief facilities and related facilities) on the
regulator site.
2.
The consideration first above recited as being paid to GRANTEE is in full satisfaction of
every right hereby granted, all covenants and agreements herein contained shall extend to and be
binding upon the respective heirs, legal representatives, successors and assigns of the parties
hereto and is further assignable in whole or in part.
The GRANTEE agrees to be responsible for any damages or injuries to persons or
properties caused by it, its representative or agents in connection with the granting of this right-
of-way and easement. The GRANTEE agrees to save and hold the GRANTOR and its affiliates
harmless from and against all liability, claims, demands and expenses on account of personal
injuries, including death or property loss or damage to others arising out of or in any manner
connected with the granting of this right-of-way and easement.
It is hereby understood that the party securing this grant on behalf of GRANTEE is
without authority to make any covenant or agreement not herein expressed.
Witness the execution hereof on this the day of MLe-v—. 2014.
GRANTOR:
1M77- /
Its✓`
3.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF UI iW Na JVI
This instrument was ac owledged before me on this the �I� qday of
�0 Q,�iy_�, 2014 by f, tx�_� , in the capacity and for the
purposes and consideration recited therein.
, SARA LEIGH WHITE
l 'fs MYCOMMISSIM EXPIRES
iuy 11, 2018
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
4.
EXHIBIT "A"
Variable Width Gas Easement
METES AND BOUNDS DESCRIPTION
OFA
0.516 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.516 ACRE (22,456 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.516 ACRE TRACT BEING COMPRISED OF A PORTION OF LOT 1, BLOCK A,
EAST CHANDLER RETAIL CENTER, FILED ON DECEMBER 1, 2005, AND RECORDED
IN CABINET BB, SLIDES 62-65 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.) AND A PORTION OF THE EXISTING RIGHT-OF-WAY OF
UNIVERSITY BOULEVARD; SAID 0.516 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 -inch iron rod with orange plastic cap stamped "West 4188" found marking the
northernmost northwest comer of Lot 2E, Block A, Replat of Lot 2 of East Chandler Retail Center, filed
on November 2, 2006. and recorded in Cabinet CC, Slides 230-233, P.R.W.C.T., said point also marking
an angle point on the southerly right-of-way (R.O.W.) line of University Boulevard (a variable width
R.O.W.);
THENCE (L-15) South 240 21' 33" West, with the northwest line of said Lot 2E, Block A, same being
the R.O.W. line of said University Boulevard (Blvd.), a distance of 19.29 feet to a calculated point for the
POINT OF BEGINNING and southernmost northeast corner of the herein described tract;
THENCE (L-1) South 24° 21' 33" West, partway with the northwest line of said Lot 2E, Block A and
partway with a northwest line of Lot 2A, Block A of said Replat of Lot 2 of East Chandler Retail Center,
same being the R.O.W. line of said University Blvd., a distance of 28.84 feet to a calculated point for the
southeast comer of the herein described tract
THENCE South 69° 17' 30" West, departing the northwest line of said Lot 2A, Block A, and traveling
partway across the R.O.W. of said University Blvd. and partway across the interior of Lot 1, Block A,
East Chandler Retail Center, filed on December 1, 2005, and recorded in Cabinet BB, Slides 62-65,
P.R.W.C.T., and with the proposed R.O.W. line of said University Blvd., a distance of 299.85 feet to a
1/2 -inch iron rod with aluminum cap stamped "CORA ROW" (hereafter referred m as "CORR cap") set
for a comer of the herein described tract;
THENCE continuing to travel across the interior of said Lot 1, Block A, same being the proposed
R.O.W. line of said University Blvd., the following eleven (11) calls:
1) (L-2) North 20" 42' 30" West, a distance of 4.00 feet to a 1/2 -inch iron rod with "CORR cap" set
for a corner of the herein described tract;
2) (L-3) South 69° 17' 30" West, a distance of 30.00 feet to a 1/2 -inch iron and with "CORR cap"
set for a corner of the herein described tract;
3) (L-4) South 20° 42' 30" East, a distance of 2.00 feet to a 1/2 -inch iron rod with "CORR cap" set
for a corner of the herein described tract;
Page 1 of 5
Exhibit "A" continued
Description of a 0.516 acre tract
4) (L-5) South 690 17' 30" West, a distance of 79.63 feet to a 1/2 -inch iron red with "CORR cap"
set for a corner of the herein described tract;
5) (L-6) North 200 42' 30" West, a distance of 8.00 feet to a 12 -inch iron rod with "CORR cap" set
for a corner of the herein described tract;
6) (L-7) South 69" 17' 30" West, a distance of 15.00 feet to a 1/2 -inch iron rod with "CORR cap"
set for a comer of the herein described tract;
7) (L-8) South 200 42' 30" East, a distance of 8.00 feet to a 1/2 -inch iron rod with "CORR cap" set
for a corner of the herein described tract;
8) (L-9) South 690 17' 30" West, a distance of 32.23 feet to a 1/2 -inch iron rod with "CORR cap"
set for a corner of the herein described tract;
9) (L-10) South 760 20' 55" West, a distance of 81.39 feet to a 1/2 -inch iron rod with "CORR cap"
set for a corner of the herein described tract;
10) South 690 17' 30" West, a distance of 167.66 feet to a 1/2 -inch iron rod with "CORR cap" set for
a comer of the herein described tract, and being the beginning of a curve to the left;
11) (C-1) In a Westerly direction, 34.41 feet along the are of said curve to the left, having a radius of
45.00 feet, a central angle of 430 48' 30", and a chord bearing and distance of South 470 23' 14"
West — 33.58 feet to a calculated point for the southwest corner of the herein described tract;
THENCE (L-11) North 200 54' 36" West, traveling partway across the interior of Lot 1, Block A of said
East Chandler Retail Center and partway across the R.O.W. of said University Blvd., a distance of 42.53
feet to a calculated point for the northwest corner of the herein described tract
THENCE continuing to travel across the R.O.W. line of said University Blvd., the following six (6) calls:
1) North 690 17' 30" East a distance of 200.81 fee[ to a calculated point for a corner of the herein
described tract;
2) (L-12) North 760 20' 55" East, a distance of 81.39 feet to a calculated point for a corner of the
herein described tract;
3) North 690 17' 30" East, a distance of 155.01 feet to a calculated point for a corner of the herein
described tract;
4) (L-13) South 20' 42' 30" East, a distance of 2.00 feet to a calculated point for a corner of the
herein described tract
5) North 690 17' 30" East, a distance of 320.24 feet to a calculated point for the northernmost
northeast comer of the herein described tract;
Page 2 of 5
Exhibit "A" continued
Description of a 0.516 acre tract
6) (L-14) South 200 49' 00" East, a distance of 9.63 feet to the POINT OF BEGINNING of the
herein described tract, delineating and encompassing within the metes recited 0.516 acre (22,456
square feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace
Group, Inc., Round Rock, Texas in May of 2014.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4664 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Daniel M. Flaherty, R.P.L.S. No. 50
The Wallace Group, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
See attached Plat No. A-4664
22824-FN02.doc
Page 3 of 5
05-22-2014
Date
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