R-09-03-12-8D2 - 3/12/2009RESOLUTION NO. R -09-03-12-8D2
WHEREAS, in connection with the Southwest Area Downtown
Infrastructure Project, Parcels 1 through 26, an easement is
required from TW Telecom of Texas LLC ("TW")for the installation of
a duct bank facility composed of concrete surrounding conduit pipes
constructed for the purpose of installing wire and fiber optic
cable, and
WHEREAS, the Council wishes to enter into an Easement to
Conduits Contained within a Duct Bank with TW, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Easement to Conduits Contained Within a Duct
Bank with TW Telecom of Texas LLC, a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of March, 2009.
OfYh/L--
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
O:\wdox\RESOLUTI\R90312D2.DOC/rmc
tw telecom of texas Ilc (512-485-5000)
Final; 1/21/09
EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCT BANK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
Whereas, the City of Round Rock, Texas ("Grantor") is a home rule city situated
in the County of Williamson and State of Texas, and
Whereas, Grantor is the owner of an underground duct bank facility ("Duct
Bank"), composed of concrete surrounding conduit pipes constructed for the purpose of
installing wire, fiber optic cable, and other appurtenances for public utilities, and
Whereas, the Duct Bank is located within a public utility easement or roadway
right-of-way more particularly described in Exhibits A and A- las Parcels 1 through 26;
and
Whereas, the Duct Bank consists of four (4) different types of duct banks referred
to as "E2", "E4", "E6", and "E8" on Exhibit B, and
Whereas, tw telecom of texas 11c, a Delaware limited liability company with its
principal place of business at 10475 Park Meadows Drive, Littleton, Colorado 80124
("Grantee"), wishes to obtain an easement from Grantor for the purpose of installing
wire, and other appurtenances in one or more of the conduit pipes ("Conduits") contained
within the Duct Bank; Now Therefore,
For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration paid by Grantee, the receipt and sufficiency of which is
hereby acknowledged, Grantor does hereby GRANT, SELL, DEDICATE and CONVEY
unto Grantee certain rights and interests in the nature of an easement (the "Easement") to
install, operate, maintain, inspect, repair and remove facilities for provision of
telecommunication service in the numbered Conduits as shown on Exhibit C.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent,
that the same may still be in force and effect and shown of record in the office of the
County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and
revert to Grantor in the event the facilities within the Conduits are abandoned, or shall
cease to be used, for a period of two (2) consecutive years.
1
EXHIBIT
nAn
Except as specifically provided in this instrument, the easement, rights and privileges
herein granted are not assignable in whole or in part.
The easement, rights and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights to the aforesaid Conduits
within the Duct Bank, without the express written consent of Grantee. Grantee
acknowledges and agrees that Grantor has the right to grant to other public utilities
similar easements to other Conduits contained within the Duct Bank.
The perpetual easement, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, operation, maintenance, alteration, repair,
rebuilding, removal and patrol of telecommunication service facilities, to -wit: cables,
wires and other appurtenances as determined by Grantee necessary to provide
telecommunication services, subject to the following terms:
Grantee shall use the Conduits described herein for only the specific uses described
herein, and for no other.
Grantor shall be responsible for maintenance of the Duct Bank and the Conduits being
used or reserved for future use by Grantee. Grantee shall be responsible for any repairs
and associated costs arising from damage caused by Grantee. Grantee shall report all
damages and associated repairs to Grantor.
Grantor shall use reasonable care to assure that Grantee's facilities within the Conduits
covered by this Easement are protected from damage by other Duct Bank users and shall
assure efficient access by Grantee to its facilities. Grantor shall provide security for the
Easement that is reasonably satisfactory to Grantee.
Grantee and Grantor (collectively, the "Parties") shall comply with all laws of the State
of Texas and the United States. Nothing in this instrument shall have the effect of
eliminating or altering the Parties' requirements to comply with all of the ordinances of
the City of Round Rock, State law and Federal law. In the event this instrument, or any of
its provisions or the operations contemplated hereunder, are found to be inconsistent with
or contrary to any Federal or State law (now existing or subsequently enacted), State and
Federal Law shall control and, if commercially practicable, this instrument will be
regarded as modified accordingly and will continue in full force and effect as so
modified.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, and its successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described easement and rights and interests unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming, or to claim same, or any
part thereof.
2
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2009.
Accepted and Agreed To:
GRANTEE
tw teleco
by: tw
By:
of texas llc
com h
GRANTOR:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
c., its sole member
Don : ecker
its VP Field Operations
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of
, 2009, by Alan McGraw, Mayor of Round Rock, Texas for the
purposes and consideration and in the capacity therein expressed.
Notary Public, State of
3
THE STATE OF TEXAS
COUNTY OF ; <" tc
This instrument was acknowledged before me on this the r-, day of
61 `` , 2009, by Don Becker, VP Field Operations for tw telecom holdings
inc, for the purposes and consideration and in the capacity therein expressed.
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
4
Notary Public, State of c
Exhibit A
Easement Parcels for Southwest Downtown Project
Parcel No. 1
Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131325.49, 10158240.02 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 98.0 feet to Point B, identified by the x:y
coordinates of 3131412.10, 10158278.29 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 2
Starting at Point B, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131412.10, 10158278.29 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 35.0 feet to Point C, identified by the x:y
coordinates of 3131406.56, 10158313.53 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 3
Starting at Point 8, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131412.10,. 10158278.29 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 69.0 feet to Point D, identified by the x:y
coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 4
Starting at Point D, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 88.0 feet to Point E, identified by
the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 5
Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 35.0 feet to Point F, identified by the x:y
1
coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 6
Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 41.0 feet to Point G, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 7
Starting at Point G, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 76.0 feet to Point H, identified by
the x:y coordinates of 3131448.86, 10158163.48 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 8
Starting at Point G, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 73.0 feet to Point I, identified by
the x:y coordinates of 3131553.09, 10158132.26 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 9
Starting at Point I, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131553.09, 10158132.26 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 110.0 feet to Point J, identified by the x:y
coordinates of 3131470.01, 10158059.75 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 10
Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131428.21, 10158339.72 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 382.0 feet to Point L, identified by the x:y
coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane
Central, FIPS 4203).
2
Parcel No. 11
Starting at Point M, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131519.35, 10158548.68 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 175.0 feet to Point N, identified by
the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 12
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 136.0 feet to Point 0, identified by the x:y
coordinates of 3131697.10, 10158746.07 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 13
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 152.0 feet to Point P, identified by the x:y
coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 14
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 159.0 feet to Point Q, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 15
Starting at Point Q, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 76.0 feet to Point L, identified by
the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State
Plane Central, FIPS 4203).
3
Parcel No. 16
Starting at Point L, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 207.0 feet to Point R, identified by the x:y
coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 17
Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 185.0 feet to Point S, identified by the x:y
coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 18
Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 197.0 feet to Point T, identified by the x:y
coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central,
FIPS 4203).
Parcel No. 19
Starting at Point T, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203),
thence a distance of 360.0 feet to Point U, identified by the x:y coordinates
of 3131584.81, 10157970.12 (NAD 83, Texas State Plane Central, FIPS
4203).
Parcel No. 20
Starting at Point T, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203),
thence a distance of 154.0 feet to Point V, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203).
Parcel No. 21
Starting at Point V, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 43.0 feet to Point W, identified by the x:y
coordinates of 3131993.53, 10157900.57 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 22
Starting at Point V, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 337.0 feet to Point X, identified by the x:y
coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 23
Starting at Point X, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 193.0 feet to . Point Y, identified by the x:y
coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 24
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 97.0 feet to Point Z, identified by the x:y
coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 25
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 57.0 feet to Point AA, identified by the x:y
coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane
Central, FIPS 4203).
5
Parcel No. 26
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 80.0 feet to Point AB, identified by the x:y
coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane
Central, FIPS 4203).
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DRY UTILITY EASEMENT LOCATIONS
1
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BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
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STREET UGHT CONDUIT
2w NO. AS REQ'D (SEE
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DUCT BANK LINE "E2" DETAIL
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EXHIBIT
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Page 1 of 4
ATMOS GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
4"
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
SAND FILL
FLOWABLE
FILL
DUCT BANK LINE "E4" DETAIL
EXHIBIT
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Page 2 of 4
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STREET UGHT CONDUIT o
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ELECTRICAL STREET LIGHTING
PLAN) (SCHDL 40) N
ENCOR GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
24"
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
SAND FILL
PLOWABLE
FILL
DUCT BANK LINE "E6" DETAIL
NTS
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STREET LIGHT CONDUIT '—
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ONCOR ELECTRIC. (6"CONDUIT)
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EXHIBIT
LiePage 4 of 4
NTS
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCOR ELECTRIC (6"CONDUIT)
Southwest Downtown Easement Conduit Number
EXHIBIT
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TW Telephone
Parcel #
Type
Conduit #
2
E2
6
3
E2
6
4
E2
6
5
E2
6
6
E2
6
7
E2
6
8
E2
6
9
E2
6
10
E2
6
11
E8
6
12
E2
6
13
E2
6
14
E4
6
15
E4
6
16
E6
6
17
E4
6
18
E6
6
19
E8
6
20
E8
6
21
E8
6
22
E8
6
23
E6
6
24
E2
6
25
E2
6
26
E2
6
EXHIBIT
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telecom_
tw telecom inc.
10475 Park Meadows Drive
Littleton, CO 80124
T 303 566 1000
F 303 566 1282
February 6, 2009
VIA FEDERAL EXPRESS
Todd Keltgen
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
RE: Conduit Use Agreement
Dear Mr. Keltgen:
Enclosed please find two originals of the above Agreement between tw telecom and the City of Round
Rock.
Please execute the attached documents and return one copy to:
Sheryl Adolph
Procurement Administrative Assistant
tw telecom
10475 Park Meadows Drive
Littleton, CO 80124
Please feel free to contact me with any questions at (303) 566-1815.
Sincerely,
Sheryl Adolph
Procurement Administrative Assistant
Enclosures
DATE: March 5, 2009
SUBJECT: City Council Meeting — March 12, 2009
ITEM: 8D2. Consider a resolution authorizing the Mayor to execute an Easement to
Conduits Contained Within a Duct Bank with TW Telecom of Texas LLC for the
Southwest Area Downtown Infrastructure Project.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works
An easement is required from TW Telecom LLC for the installation of a duct bank facility composed of
concrete surrounding conduit pipes constructed for the purpose of installing wire and fiber optic cable.
The easement parcels affected by the Southwest Area Downtown Infrastructure Project are parcels 1
(one) through 26 (twenty-six). This easement is needed as part of the relocation of the dry utility
infrastructure to replace existing overhead electric and cable facilities with their equivalent in an
underground capacity.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
TW Telecom LLC
Background Information:
At the January 8, 2009 City Council meeting a contract was approved with BRH Garver Construction
Company (R -09-01-08-8B2) for the construction of the Southwest Area Downtown Infrastructure
Project.
Public Comment:
N/A
tw telecom of texas 11c (512-485-5000)
Final; 1/21/09
EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCT BANK
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
Whereas, the City of Round Rock, Texas ("Grantor") is a home rule city situated
in the County of Williamson and State of Texas, and
Whereas, Grantor is the owner of an underground duct bank facility ("Duct
Bank"), composed of concrete surrounding conduit pipes constructed for the purpose of
installing wire, fiber optic cable, and other appurtenances for public utilities, and
Whereas, the Duct Bank is located within a public utility easement or roadway
right-of-way more particularly described in Exhibits A and A -las Parcels 1 through 26;
and
Whereas, the Duct Bank consists of four (4) different types of duct banks referred
to as "E2", "E4", "E6", and "E8" on Exhibit B, and
Whereas, tw telecom of texas llc, a Delaware limited liability company with its
principal place of business at 10475 Park Meadows Drive, Littleton, Colorado 80124
("Grantee"), wishes to obtain an easement from Grantor for the purpose of installing
wire, and other appurtenances in one or more of the conduit pipes ("Conduits") contained
within the Duct Bank; Now Therefore,
For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration paid by Grantee, the receipt and sufficiency of which is
hereby acknowledged, Grantor does hereby GRANT, SELL, DEDICATE and CONVEY
unto Grantee certain rights and interests in the nature of an easement (the "Easement") to
install, operate, maintain, inspect, repair and remove facilities for provision of
telecommunication service in the numbered Conduits as shown on Exhibit C.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent,
that the same may still be in force and effect and shown of record in the office of the
County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual, provided however that said easement, rights, and privileges shall cease and
revert to Grantor in the event the facilities within the Conduits are abandoned, or shall
cease to be used, for a period of two (2) consecutive years.
1
R--0-- 03-t2 w
Except as specifically provided in this instrument, the easement, rights and privileges
herein granted are not assignable in whole or in part.
The easement, rights and privileges granted herein are exclusive, and Grantor covenants
that it will not convey any other easement or conflicting rights to the aforesaid Conduits
within the Duct Bank, without the express written consent of Grantee. Grantee
acknowledges and agrees that Grantor has the right to grant to other public utilities
similar easements to other Conduits contained within the Duct Bank.
The perpetual easement, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, operation, maintenance, alteration, repair,
rebuilding, removal and patrol of telecommunication service facilities, to -wit: cables,
wires and other appurtenances as determined by Grantee necessary to provide
telecommunication services, subject to the following terms:
Grantee shall use the Conduits described herein for only the specific uses described
herein, and for no other.
Grantor shall be responsible for maintenance of the Duct Bank and the Conduits being
used or reserved for future use by Grantee. Grantee shall be responsible for any repairs
and associated costs arising from damage caused by Grantee. Grantee shall report all
damages and associated repairs to Grantor.
Grantor shall use reasonable care to assure that Grantee's facilities within the Conduits
covered by this Easement are protected from damage by other Duct Bank users and shall
assure efficient access by Grantee to its facilities. Grantor shall provide security for the
Easement that is reasonably satisfactory to Grantee.
Grantee and Grantor (collectively, the "Parties") shall comply with all laws of the State
of Texas and the United States. Nothing in this instrument shall have the effect of
eliminating or altering the Parties' requirements to comply with all of the ordinances of
the City of Round Rock, State law and Federal law. In the event this instrument, or any of
its provisions or the operations contemplated hereunder, are found to be inconsistent with
or contrary to any Federal or State law (now existing or subsequently enacted), State and
Federal Law shall control and, if commercially practicable, this instrument will be
regarded as modified accordingly and will continue in full force and effect as so
modified.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, and its successors
and assigns, and legal representatives, to warrant and forever defend, all and singular, the
above-described easement and rights and interests unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming, or to claim same, or any
part thereof.
2
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
tZ day of 1\/1Gi✓U1^-` , 2009.
GRANTOR:
CITY OF ROUND ROCK, TEXAS
By:
Accepted and Agreed To:
GRANTEE
tw telecom of texas llc
by: tw te0 • m hold' gs ts sole member
By:
Don Bec er
its VP Field Operations
THE STATE OF TEXAS
Alan McGraw, Mayor
ACKNOWLEDGMENTS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the t2-111
day of
MGA -'4- , 2009, by Alan McGraw, Mayor of Round Rock, Texas for the
purposes and consideration and in the capacity therein expressed.
3
Notary Public, State of "Fe Oar
THE STATE OF TEXAS §
COUNTY OF 1 i
This instrument was acknowledged before me on this the c j day of
t , 2009, by Don Becker, VP Field Operations for tw telecom holdings
inc, for the purposes and consideration and in the capacity therein expressed.
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
4
1
Notary Public, State of C L'
Exhibit A
Easement Parcels for Southwest Downtown Project
Parcel No. 1
Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131325.49, 10158240.02 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 98.0 feet to Point B, identified by the x:y
coordinates of 3131412.10, 10158278.29 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 2
Starting at Point B, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131412.10, 10158278.29 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 35.0 feet to Point C, identified by the x:y
coordinates of 3131406.56, 10158313.53 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 3
Starting at Point 13, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131412.10, 10158278.29 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 69.0 feet to Point D, identified by the x:y
coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 4
Starting at Point D, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 88.0 feet to Point E, identified by
the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 5
Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 35.0 feet to Point F, identified by the x:y
coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 6
Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 41.0 feet to Point G, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 7
Starting at Point G, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 76.0 feet to Point H, identified by
the x:y coordinates of 3131448.86, 10158163.48 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 8
Starting at Point G, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 73.0 feet to Point I, identified by
the x:y coordinates of 3131553.09, 10158132.26 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 9
Starting at Point I, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131553.09, 10158132.26 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 110.0 feet to Point 3, identified by the x:y
coordinates of 3131470.01, 10158059.75 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 10
Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131428.21, 10158339.72 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 382.0 feet to Point L, identified by the x:y
coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane
Central, FIPS 4203).
2
Parcel No. 11
Starting at Point M, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131519.35, 10158548.68 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 175.0 feet to Point N, identified by
the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State
Plane Central, FIPS 4203).
Parcel No. 12
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 136.0 feet to Point 0, identified by the x:y
coordinates of 3131697.10, 10158746.07 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 13
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 152.0 feet to Point P, identified by the x:y
coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 14
Starting at Point N, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 159.0 feet to Point Q, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 15
Starting at Point Q, as shown on Exhibit A-1, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203), thence a distance of 76.0 feet to Point L, identified by
the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State
Plane Central, FIPS 4203).
3
Parcel No. 16
Starting at Point L, as shown on Exhibit A-1, identified by the x:y coordinates
of 31.31788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 207.0 feet to Point R, identified by the x:y
coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 17
Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 185.0 feet to Point S, identified by the x:y
coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 18
Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 197.0 feet to Point T, identified by the x:y
coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central,
FIPS 4203).
Parcel No. 19
Starting at Point T, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203),
thence a distance of 360.0 feet to Point U, identified by the x:y coordinates
of 3131584.81, 10157970.12 (NAD 83, Texas State Plane Central, FIPS
4203).
Parcel No. 20
Starting at Point T, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203),
thence a distance of 154.0 feet to Point V, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203).
Parcel No. 21
Starting at Point V, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 43.0 feet to Point W, identified by the x:y
coordinates of 3131993.53, 10157900.57 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 22
Starting at Point V, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 337.0 feet to Point X, identified by the x:y
coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 23
Starting at Point X, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 193.0 feet to . Point Y, identified by the x:y
coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 24
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 97.0 feet to Point Z, identified by the x:y
coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane
Central, FIPS 4203).
Parcel No. 25
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 57.0 feet to Point AA, identified by the x:y
coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane
Central, FIPS 4203).
5
Parcel No. 26
Starting at Point Y, as shown on Exhibit A-1, identified by the x:y coordinates
of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 80.0 feet to Point AB, identified by the x:y
coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane
Central, FIPS 4203).
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DUCT BANK LINE "E2" DETAIL
NTS
EXHIBIT
Page 1 of 4
ATMOS GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
STREET LIGHT CONDUIT
NO. AS REO'D (SEE
ELECTRICAL STREET LIGHTING
PLAN) (SCHDL 40)
TO FINISHED GRADE
SAND ALL
PLOWABLE
FILL
0
0000
DUCT BANK LINE "E4" DETAIL
EXHIBIT
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Page 2 of 4
NTS
ENCOR GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
SAND FILL
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DUCT BANK LINE "E6" DETAIL
EXHIBIT
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Page 3 of 4
NTS
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCOR ELECTRIC" (6"CONDUIT)
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
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STREET LIGHT CONDUIT o
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ELECTRICAL STREET LIGHTING
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PLOWABLE
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DUCT BANK LINE "E8" DETAIL
EXHIBIT
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NTS
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCOR ELECTRIC (6"CONDUIT)
Southwest Downtown Easement Conduit Number
TW Telephone
Parcel #
Type
Conduit #
2
E2
6
3
E2
6
4
E2
6
5
E2
6
6
E2
6
7
E2
6
8
E2
6
9
E2
6
10
E2
6
11
E8
6
12
E2
6
13
E2
6
14
E4
6
15
E4
6
16
E6
6
17
E4
6
18
E6
6
19
E8
6
20
E8
6
21
E8
6
22
E8
6
23
E6
6
24
E2
6
25
E2
6
26
E2
6