R-09-05-14-9G2 - 5/14/2009RESOLUTION NO. R -09-05-14-9G2
WHEREAS, in connection with the Southwest Area Downtown
Infrastructure Project, Parcels 1 through 26, an easement is
required from Oncor Electric Delivery Company LLC ("Oncor") for the
installation of a duct bank facility 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 Council wishes to enter into an Easement to
Conduits Contained Within a Duct Bank with Oncor, 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 Oncor, 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 14th day of May, 2009.
ALAN MCGRAW, Mayor
ATTEST: �/)� ^ �� )��.� City of Round Rock, Texas
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\0905\MUNICIPAL\R90514G2.DOC/zmc
EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCKT BANK
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
Whereas, the City of Round Rock, Texas ("Grantor") is a home rule city situated in the
County of Williamson and the 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 and utilities, and
Whereas, the duct Bank is located within a public utility easement or roadway right-of-way
more particularly described in the attached Exhibits A and A-1 as 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 the attached Exhibit B, and
Whereas, Oncor Electric Delivery Company LLC, a Delaware limited liability company,
("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 of provision of electric service in the numbered
Conduits, (the "Grantee Conduits") as shown on the attached 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 Grantee +Conduits are abandoned, or shall cease to be used, for
a period of two (2) consecutive years.
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 Grantee Conduits within
1
EXHIBIT
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 electric service facilities, to -wit: cables, wires and other appurtenances as determined by
Grantee necessary to provide electric services, subject to the following terms:
Grantee shall use the Grantee Conduits described herein for only the specific uses described
herein, and for no other.
Grantor shall be responsible for maintenance of the Duct Bank, the Grantee Conduits and the
conduits being 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 Grantee 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 ))(XXX, 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 AN 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 2009.
GRANTOR:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
2
Accepted and Agreed To:
GRANTEE
Oncor Electric Delivery Company LLC,
a Delaware limited liability company.
Thomas F. Newsom
Its Attorney in Fact
ACKNOWLEDGEMENT$
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.
STATE OF TEXAS
COUNTY OF TARRANT
0 This jnstrument was acknowledged before me on this thePC ijCi
day Vv02 , 2009, by Thomas F. Newsom, as the Attorney in Fact, of Oncor
Electric Delivery Company LLC, for the purposes and consideration and in the capacity therein
expressed.
GIM1 UNDER MY HAND AND SEAL OF OFFICE this
, A.D. 2009.
,, pPYP,,,p�
JENNIFER MEEKER
= Notary Public, State of Texas
My Commission Expires
December 05, 2010
day of
D,I(PiN„..
tate of Texas
3
Exhibit A
Easement Seaments for Southwest Downtown Proiect
Segment No. 1
Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131470.01, 10158059.75 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 180.0 feet to Point B, identified by the x:y
coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 2
Starting at Point B, 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 C, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 3
Starting at Point C, 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 D, identified by the x:y
coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 4
Starting at Point C, 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).
Segment No. 5
Starting at Point E, 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 110.0 feet to Point F, identified by the x:y
coordinates of 3131401.44, 10158334.55 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 6
Starting at Point G, 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 H, identified by
the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 7
Starting at Point H, 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 I, identified by the x:y
coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 8
Starting at Point H, 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 115.0 feet to Point J, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 9
Starting at Point J, 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 K, identified by the x:y
coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 10
Starting at Point K, 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 225.0 feet to Point L, identified by the x:y
coordinates of 3131625.53, 10158366.82 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 11
Starting at Point K, 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 M, identified by the x:y
coordinates of 31318.57.22, 10158272.24 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 12
Starting at Point M, 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 N, identified by
the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 13
Starting at Point M, 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 0, identified by
the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 14
Starting at Point 0, 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 P, identified by the x:y
coordinates of 3131584.81, 10157970.12 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 15
Starting at Point 0, 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 Q, identified by the x:y
coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 16
Starting at Point Q, 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 R, identified by
the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 17
Starting at Point R, 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 S, identified by the x:y
coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 18
Starting at Point S, 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 T, identified by the x:y
coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 19
Starting at Point S, 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 U, identified by the x:y
coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 20
Starting at Point S, 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 V, identified by the x:y
coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane
Central, FIPS 4203).
ROUND ROCKAVE
�O
sEGMeNr s
2 �
OUCISANCKTYPE E9 SEGMENTt
LENGTH:ns DUCTBANK LE 1szrPE Ez
N
oucTaANICBTYPE,E4 NP
SEGMENT N:8 LENGTH:78'DUCTOANCK r
N LENGTH. STYPE E4 J K �Ng
SEGGNENTF:11 NPA
N LENOIR 20P EB
L SEGMENT V DUOTBANKTYPE E2
F LENGTH:22S N
sEOMENT+k 6 SEGMENT 3 SEGMENT 12
LDUCTRANK TYPE:ENGTH: 11V E2 c LEN asTYP6 E2 LENGTK W:E4 . BPGpP
. u �
SEGMENTS:4 SEGMENT*2 SEGMENT*13
OUCTBANKTYPE:E2 9 DUCTOANK TYPE:E2 DUCTBANKTYPE Ee
LENGTH:88' LENGTH:41' LENGTH:I9T
SEGMENT*18
DC98ANK TYPE E8
LENGTH.33r
=TIYN 0 PE Ee
PE DUCTSAWTYP
R
E2 A N� gPG Pp O SEGMENTt 15 LENGTH:154' SEGMENTA 17
DCTBANKTYPE EB
LENGTH:193
SEGMENT t 14 (P
F DCTBANKTYPE:E8
LENGTH:380 EGMENTS:18T
• EMEMERT&WONTS 0L SEGMENTN:20 DUCCTBANKTYPE:EZ
EASEMENrALIMAW 2 TY $ LENGTH 5T
EZ:2E6 aEASEVMrOAT4SCH4000NWT Nil
6k 4B-4AT r ATraW4000NOW V
lWM-aATa•aaa4r80N4DDONMff DUCTSAT TY
ES:SBD-SATb86RrSON100DN0UIT DUCTBANKTYPE E2
UMUNUMIMU+OSECONDOW L) LENGTH:80'
DRY UTILITY EASEMENT LOCATIONS
EAi b f ! \ 1
COMPACTED
BACKFN.L TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
STREET UGHT CONDUIT o
NO. AS RE4'D (SEE
ELECTRICAL STREET UGHTING
PLAN) (SCHDL 40) r
SAND FILL
PLOWABLE
FILL
0000
0 0 0 0
DUCT BANK LINE "E2" DETAIL
NTS
E:XHiBIr
Page 1 a 4
ATMOS GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
24"
COMPACTED
BACKFILL TO
fNi91ED GRADE
OR BOTTOM OF
SUBGRADE
O
STREET LIGHT CONDUITNO.
_�. AS (SEE
ELECTRICAL STREET L10NTIN6
PLAN) (SCCHDL 40) •
SAND FILL
e
FLOWABLE
FILL
0
00
000.®
DUCT BANK LINE "E4" DETAIL
EXHIBIT
tier
1 Page 2 of 4
NTS
ENCOR GAS
COMMUNICATIONS (4" CONDUIT)
ONCOR ELECTRIC (6" CONDUIT)
1
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
1
•- w
0
s
w
STREET EIGHT CONDUIT
NO. AS REQ'D (SEE
ELECTRICAL STREET UGHTING
PLAN) (SCNDL 40)
SAND FILL
FUMBLE
FILL
f
•
DUCT BANK LINE "E6" DETAIL
H1BR-
Page 3 of 4
NTS
ATMOS GAS
COMMUNICATIONS (a4'CONDUIT)
ONCOR ELECTRIC (6"CONDUIT)
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTDM OF
SUBGRADE
SAND ALL
FLOWABLE
FILL
24"
DUCT BANK LI E " 8" DETAIL
EXHIBfF
"Ba
Page 4 of 4
NTS
C:3
C.9
W
z
STREET UGHT CONDUIT o
NO. AS REQ'D (SEE g
ELECTRICAL STREET UGHTING
PLAN) (SCUM 40)
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCDR ELECTRIC (6"CONDUIT)
Easement Conduit Numbers
Segment #
Type
Conduit #
1
E2
9,10
2
E2.
9,10
3
E2
9,10
4
E2
9,10
5
E2
9,10
6
E8
9,10,11,12,13,14,15,16
7
E2
9,10
8
E4
9,10,11,12
9
E4
9,10,11,12
10
E2
9,10
11
E6
9,10,11,12,13,14
12
E4
9,10,11,12
13
E6
9, 10, 11, 12, 13, 14
14
E8
9,10,11,12,13,14,15,16
15
E8
9,10,11,12,13,14,15,16
16
E8
9,10,11,12,13,14,15,16
17
E6
9,10,11,12,13,14
18
E2
9,10
19
E2
9,10
20
E2
9,10
Exhibit
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 9G3. Consider a resolution authorizing the Mayor to execute a Reimbursement
Agreement with Atmos Energy Corporation for the relocation of a gas line
required by the Southwest Downtown Infrastructure Improvements Project.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works Operations
This Reimbursement Agreement with the City of Round Rock and Atmos Energy Corporation covers the
relocation of approximately 650 feet of 4 -inch poly II gas main, approximately 1,850 feet of 2 -inch poly II
gas main, the installation of approximately 300 feet of 3 -inch poly II gas main, 18 gas service tie-ins and
11 main pipeline tie-ins. Also involved is the installation of approximately 480 feet of 4 -inch steel casing,
and the install of approximately 200 feet of 6 -inch steel casing. Atmos will remove approximately 575
feet of existing 3 -inch mill wrapped steel gas pipeline, remove approximately 775 feet of existing 4 -inch
wrapped steel gas pipeline and the installation of any necessary bypasses to maintain service during tie-
ins.
Funding:
Cost: $227,933
Source of funds: Capital Project Funds (GO Bonds 2001)
Outside Resources:
N/A
Background Information:
City Council approved a contract with BRH Garver Construction Company at the January 8, 2009 Council
meeting (R -09-01-08-8D2) for the construction of the Southwest Area Downtown Infrastructure Project.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
RECORDED
DOCUMENT
FOLLOWS
1111111111
111111111111 111111111
111111111111111111
EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCKT BANK
STATE OF TEXAS
COUNTY OF WILLIAMSON
ESMT
14 PGS
2009046073
KNOW ALL MEN BY THESE PRESENTS:
Whereas, the City of Round Rock, Texas ("Grantor") is a home rule city situated in the
County of Williamson and the 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 and utilities, and
Whereas, the duct Bank is located within a public utility easement or roadway right-of-way
more particularly described in the attached Exhibits A and A-1 as 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 the attached Exhibit B, and
Whereas, Oncor Electric Delivery Company LLC, a Delaware limited liability company,
("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 of provision of electric service in the numbered
Conduits, (the "Grantee Conduits") as shown on the attached 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 Grantee +Conduits are abandoned, or shall cease to be used, for
a period of two (2) consecutive years.
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 Grantee Conduits within
1
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 electric service facilities, to -wit: cables, wires and other appurtenances as determined by
Grantee necessary to provide electric services, subject to the following terms:
Grantee shall use the Grantee Conduits described herein for only the specific uses described
herein, and for no other.
Grantor shall be responsible for maintenance of the Duct Bank, the Grantee Conduits and the
conduits being 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 alt damages
and associated repairs to Grantor.
Grantor shall use reasonable care to assure that Grantee's facilities within the Grantee 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 XXXXX, 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 AN 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
tit* day of It/lay , 2009.
By:
GRANTOR:
CITY OF ROUND ROCK, TEXAS
Alan McGraw, Mayor
2
Accepted and Agreed To:
GRANTEE
Oncor Electric Delivery Company LLC,
a Delaware limited liability company.
By: ..1;#'
Thomas F. Newsom
Its Attorney in Fact
ACKNOWLEDGEMENTS
COUNTY OF
This instrument was acknowledged _ be
, 2009, by Alan McGraw, Mayor of
and consideration and in the capacity therein expressed.
STATE OF TEXAS
COUNTY OF TARRANT §
e day of
exas, for the purposes
Thi§ instrument was acknowledged before me on this the
�) 4 , , 2009, by Thomas F. Newsom, as the Attorney in
Electric Delivery Company LLC, for the purposes and consideration and in the
expressed.
QG
UNDER MY HAND AND SEAL OF OFFICE this
)uU, , A.D. 2009.
JENNIFER MEEKER
Notary Public, State of Texas
My Commission Expires
December 05, 2010
nU
day of
Fact, of Oncor
capacity therein
day of
0 IC
for the S a e of Texas
3
ACKNOWLDEGEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this thea_ day of May , 2009,
by Alan McGraw, Mayor of Round Rock Texas, for the purpose and consideration and in the
capacity therein expressed.
iy
GIVEN UNDER MY HAND AND SEAL OF OFFICE this t t day of ItiCly , 2009.
1.
(4,ehtz.
NOTARY PUBLIC in and for the State of
Texas
Exhibit A
Easement Seaments for Southwest Downtown Proiect
Segment No. 1
Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates
of 3131470.01, 10158059.75 (NAD 83, Texas State Plane Central, FIPS
4203), thence a distance of 180.0 feet to Point B, identified by the x:y
coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 2
Starting at Point B, 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 C, identified by the x:y
coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 3
Starting at Point C, 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 D, identified by the x:y
coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 4
Starting at Point C, 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).
Segment No. 5
Starting at Point E, 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 110.0 feet to Point F, identified by the x:y
coordinates of 3131401.44, 10158334.55 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 6
Starting at Point G, 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 H, identified by
the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 7
Starting at Point H, 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 I, identified by the x:y
coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 8
Starting at Point H, 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 115.0 feet to Point 3, identified by the x:y
coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 9
Starting at Point J, 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 K, identified by the x:y
coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 10
Starting at Point K, 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 225.0 feet to Point L, identified by the x:y
coordinates of 3131625.53, 10158366.82 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 11
Starting at Point K, 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 M, identified by the x:y
coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 12
Starting at Point M, 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 N, identified by
the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 13
Starting at Point M, 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 0, identified by
the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 14
Starting at Point 0, 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 P, identified by the x:y
coordinates of 3131584.81, 10157970.12 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 15
Starting at Point 0, 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 Q, identified by the x:y
coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 16
Starting at Point Q, 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 R, identified by
the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State
Plane Central, FIPS 4203).
Segment No. 17
Starting at Point R, 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 S, identified by the x:y
coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 18
Starting at Point S, 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 T, identified by the x:y
coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 19
Starting at Point S, 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 U, identified by the x:y
coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. 20
Starting at Point S, 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 V, identified by the x:y
coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane
Central, FIPS 4203).
ROUND ROCKAVE
.p0 ,
SEGMENT* N
OUCTBANCKTYPE E6
Ga� PIE LENGTH:175 N� DUCTBANK TYPE:E2
N LENGTH:152' 74
SEGMENTM 9 IPA
Ee
LENGTH:7v Ln
SEGMENT M:9
DUCTBANCKTYPE:64
\ LENGTH:115 J K
SEGMENT 0:11 TA
DUCTBANK TYPE:Ea
N LENGTH:207
L SEGMENTA:10
DUCTSANKTYPE:E2
F LENGTH:2W N G
SEGMENT*3 SEGMENT r.12 p Pv`
DUCTBANKTYPE:E2 DUCTBANiCTYPEE2 LENGTK 3V M LLE GT t1 TYPE:FA �PGDP
LENGTH:110' C D
SEGMENT*4 SEGMENT*2 SEGMENT*19
DUCTBATYPE:E2 S DUCTRANKTYPE,E2 DUCTBANKTYPE 6B
NK
LENGTH:99' y LENGTH:41' LENGTH:197 SEGMENT*19
DUCTBANK TYPE:E9
LENGTH:33r
DUCTBANK TYPE:E2 A N PGOPO PvE ° TYPE:ES R Gh NT N:17
LENGTH:IW `1, LENGTH:15N DUCTBANKTYPE:E9
LENGTH:193'
P SEGMENT M 14 N
LLENG H 3W PE:68 4 T
SEGMENT t:19
SE( rN:20 DUCTBANKTYPE:E2
• EASEMENT 9rOPONTS DUCTBANK TYPE:E2
EASEMHITAUCi1N48JT f� LENGTH:9T g LEN07H:5T
EASfMBUT TYPE NP
E2:2ES:2ATr d 8AT r WM 40 CONONT V
E4'4B4ATrABATrSCN4000NO T SEGMENT{:19
E8:SE8-OATS`S 8Q 4"SCH 4GCONDUR DUCTBANK TYPE:E2
ES:SEO-&ATr&BMrSCH4000NDLXT V LENGTH:80'
1x3&tR10s"wuNO SECONMw
N
A
DRY UTILITY EASEMENT LOCATIONS
Ex{ ibif A--1
i
COMPACTED
BACKFMI TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
STREET LIGHT CONDUIT o
NO. AS REQ'D (SEE
ELECTRICAL STREET LIGHTING
FLAN) (SCHOL 40) N
SAND FILL
PLOWABLE
FILL
0
5
00
0000
DUCT BANK LINE "E2" DETAIL
NTS
EXHIBIT
nBn
Page 1 of 4
ATMOS GAS
COLO UNICATIONS (4" COMM)
ONCOR ELECTRIC (5" CONDUIT)
COMPACTED
BACKFLLI. TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24"
W
N
L
0
STREET LIGHT CONDUIT '
NO. AS REOb (SEE 2
2;...._ -------ELECTRICAL. STREET LIGHTING
PLAN) (SL'FIDI. 40) civ
SAND FLL
FLOWARIE
FILL
1
0
00
000.0
DUCT BANK LINE "E4" DETAIL
trip
Page 2 of 4
NTS
ENCOR GAS
COMMUNICATIONS (4" CONDUIT)
ONGOR ELECTRIC (6" CONDUIT)
1
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
24w
SAND ALL
1
w
c?
W
N
1
STREET LIGHT CONDUIT
NO. AS REQ'0 (SEE
ELECTRICAL STREET UGHTRNG
PLAN) (SCHDL 40) N�
FLOWABLE
FILL
1
0
0 0
000 0
DUCT BANK LINE "E6" DETAIL
EXHIBIT
Page 3 of 4
NTS
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCOR ELECTRIC (6"CONDUIT)
24"
COMPACTED
BACKFILL TO
FINISHED GRADE
OR BOTTOM OF
SUBGRADE
N
STREET UGHT CONDUIT o
NO. AS REQ'D (SEE
ELECTRICAL STREET UGHTNNG
PLA!!) (SCHDL 40) N
SAND FLU_
FLOWABLE
FILL
0
0 0
000 0
z
DUCT BANK LINE "E8" DETAIL
EXHIBIT NTS
1 Page 4 of 4
ATMOS GAS
COMMUNICATIONS ((CONDUIT)
ON 0R ELECTRIC (6"COIDUIT)
Easement Conduit Numbers
Segment #
Type
Conduit #
1
E2
9,10
2
E2
9,10
3
E2
9,10
4
E2
9,10
5
E2
9, 10
6
E8
9,10,11,12,13,14,15,16
7
E2
9,10
8
E4
9,10,11,12
9
E4
9,10,11,12
10
E2
9,10
11
E6
9,10,11, 12, 13, 14
12
E4
9,10,11,12
13
E6
9,10,11,12,13,14
14
E8
9,10,11,12,13,14,15,16
15
E8
9,10,11,12,13,14,15,16
16
E8
9,10,11,12,13,14,15,16
17
E6
9,10,11,12,13,14
18
E2
9,10
19
E2
9,10
20
E2
9,10
Exhibit
ucu
CITY OF ROUND ROCK -
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009046073
06/29/2009 10:12 AM
SURRATT $68.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS