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R-11-05-26-11C1 - 5/26/2011RESOLUTION NO. R -11-05-26-11C1 WHEREAS, in connection with the West Main Street Project, an easement is required to Time Warner Entertainment-Advance/Newhouse Partnership for the purpose of installing wire, fiber optic cable, and other appurtenances for public utilities within the City's proposed duct bank facility; and WHEREAS, the Council wishes to enter into an Easement to Conduits Contained Within a Duct Bank with Time Warner Entertainment-Advance/Newhouse Partnership, 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 to Time Warner Entertainment-Advance/Newhouse Partnership, 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 26th day of May, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: QvIAAA, A,Qj)Ut- SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00222611.DOC/rmc Time Warner Cable West Main Street Duct Bank April, 2011 EASEMENT TO CONDUITS CONTAINED WITHIN A DUCT BANK THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT „A» 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, Grantor hereby covenants with Time Warner Entertainment- Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division, ("Grantee") that Grantor has full power, authority and right to execute and grant this Easement to Conduits Contained within a Duct Bank (the "Agreement"); and Whereas, the Duct Bank is located within a public utility easement or roadway right-of-way more particularly described in Exhibits A and AA=1 as Segments 1 through 8; and Whereas, the Duct Bank consists of three (3) different types of duct banks referred to as "E2", "E4", and "E8" on Exhibits B-1; B-2,• and B-3, and Whereas, Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division, ("Grantee") wishes to obtain an easement from Grantor for the purpose of Servicing (as defined below) the Equipment as determined necessary by Grantee to provide communication services to Grantee's customers (the "Specified Uses") in one (1) exclusive four (4) inch conduit pipe located in numbered conduits located in the Duct Bank as shown on Exhibit C (the "Conduit"); 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 by Grantor, Grantor hereby GRANTS, SELLS, DEDICATES and CONVEYS unto Grantee certain rights and interests in the nature of an easement (the "Easement") to exclusively install, construct, lay, reconstruct, operate, maintain, repair, replace, enlarge, relocate, inspect, supplement and remove (collectively, "Service" or "Servicing"), at any time hereafter, its communication systems and related components, lines and equipment, together with all such communication 00220707.DOC 1 facilities, including, without limitation, conduits, cables, wires, fibers, poles, pedestals, pipes, antennas fixtures, handholes, apparatus and appurtenances, as it may from time to time require or deem proper therefore (collectively, the `Equipment") in the Conduit. 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 in this Agreement shall be perpetual, provided however the Easement, rights, and privileges shall cease and revert to Grantor in the event the Equipment within the Conduit are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The Equipment placed or installed in the Easement and the Conduit by Grantee, whether permanent or temporary and replacements thereof, shall be and remain the property of Grantee, and may be removed by Grantee at Grantee's discretion at any time. This Agreement and the rights to the Easement are freely alienable and transferable by Grantee without the prior consent of Grantor to any affiliate of Grantee, entity in which Grantee owns fifty percent (50%) or more of the stock, or entity which owns fifty percent (50%) or more of the stock of Grantee, which shall include without limitation an assignment of Grantee's interest under this Agreement by operation of law or as a consequence of a merger of Grantee into or with another entity, a change of control of or change of ownership of Grantee, or a sale of substantially all of Grantee's assets (any such entity being a "Related Party", and any such assignment or transfer being a "Related Party Assignment"). Grantee may hereafter transfer, assign and convey this Agreement and the rights to the Easement in whole or in part and/or grant, convey or permit sub - easements or the use thereof by non -Related Parties, so long as such sub -easements or users do not exceed- or violate the limitations, restrictions and. reservations contained in this Agreement and Grantee receives Grantor's prior written consent to such grant or conveyance, which consent shall not be unreasonably withheld, delayed or conditioned. 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 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 pipes (but not the Conduits) contained within the Duct Bank. The perpetual Easement, rights and privileges herein granted shall be used for the Specific Uses, subject to the following terms: (a) Grantee shall use the Conduit described herein for only the Specific Uses described herein, and for no other. (b) Grantor shall be responsible for maintenance of the Duct Bank and the Conduit being used or reserved for future use by Grantee. Grantee shall be responsible 2 for any repairs and associated costs arising from damage caused by Grantee. Grantee shall report all damages and associated repairs to Grantor. (c) Grantor shall use reasonable care to assure that Grantee's Equipment within the Conduit covered by this Agreement are protected from damage by other Duct Bank users and shall assure efficient access by Grantee to its Equipment. 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 in regard to the use of the Easement. Nothing in this Agreement 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 Agreement, 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 Agreement 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 hereby binds itself, and its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the 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. This Easement is a covenant running with the Duct Bank and the property appurtenant thereto. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2011. GRANTOR: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 3 Accepted and Agreed To: GRANTEE Time Warner Entertainment -Advance/ Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division By: Time Warner Entertainment Company, L.P., Managing Partner B Name: Joel Godson Its: ©u- p - Cva.Stc ffi t 1e) 4 ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of , 2011, by Alan McGraw, Mayor of Round Rock, Texas for the purposes and consideration and in the capacity therein expressed. THE STATE OF TEXAS COUNTY OF Notary Public, State of This instrument was acknowledged before me on this the day of , 2011, by Joel Godson, of the Central Texas Division of Time Warner Entertainment Company, L.P., as Managing Partner of Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, for the purposes and .consideration and in the capacity therein expressed. After recording please return to: Sheets & Crossfield, P.C. 309 Fast Main Street Round Rock, Texas 78664 5 Notary Public, State of Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point B, identified by the x:y coordinates of 3132127.16, 10158365.78 (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 3132127.16, 10158365.78 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 220.0 feet to Point C, identified by the x:y coordinates of 3132335.23, 10158438.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point D, 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 165.0 feet to Point E, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 165.0 feet to Point F, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point F, as shown on Exhibit A-1, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 327.0 feet to Point G, identified by the x:y coordinates of 3131131.74, 10158236.69 (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 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 55.0 feet to Point H, identified by the x:y coordinates of 3131103.08, 10158288.28 (NAD 83, Texas State Plane Central, FIPS .4203). Segment No. 7 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131131.74, 10158236.69 (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 3131053.12, 10158213.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 8 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 65.0 feet to Point 3, identified by the x:y coordinates of 3131141.56, 10158181.00 (NAD 83, Texas State Plane Central, FIPS 4203), tabbies* Q w ri TO C H r m D w m K m z --I r- 0 0 0 Z co COMPACTED BACKFILL TO RNISHED GRADE OR BOTTOM OF SUBGRADE 30" w STREET LIGHT CONDUIT NO. AS REQ'D (SEE ELECTRICAL z STREET LIGHTING PLAN) (SCHDL 40) N SANG FILL 0®000 8Bm000 DUCT BANK LINE "E2" DETAIL NTS EXHIBIT B-1 GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE 1YPICAL COMMUNICATIONS LAYOUT - THIS SHEET 6" ELECTRIC DUCT SEE 1YPICAL ELECTRICAL LAYOUT - THIS SHEET 30" COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE SAND FILL FLOWABLE • FILL 7B ,A o 0 0 0 0 0 0 DUCT BANK LINE "E4" DETAIL NTS CC C7 STREET LIGHT CONDUIT o NO. AS REQ'D (SEE ELECTRICAL z STREET LIGHTING PLAN) (SCHDL 90) N EXHIBIT "B -2u GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE TYPICAL COMMUNICATIONS LAYOUT -THIS SHEET 6" ELECTRIC DUCT SEE TYPICAL ELECTRICAL LAYOUT - THIS SHEET 30" COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE W a STREET LIGHT CONDUIT a - NO. AS REQ'D (SEE ELECTRICAL z 2p -• �_ STREET LIGHTING PLAN) (SCHDL 40) N SAND FILL FLOWABLE FILL ®®000 86 m000 DUCT BANK LINE "E8" DETAIL NTS EXHIBIT B-3 GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE TYPICAL COMMUNICATIONS LAYOUT - THIS SHEET 6" ELECTRIC DUCT SEE TYPICAL ELECTRICAL LAYOUT - THIS SHEET West Main Street Easement Conduit Number TW Cable Segments # Type Conduit # 1 E2 5 2 E2 5 3 E8 5 4 E4 5 5 E2 5 6 E2 5 7 E2 5 8 E2 5 Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point B, identified by the x:y coordinates of 3132127.16, 10158365.78 (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 3132127.16, 10158365.78 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 220.0 feet to Point C, identified by the x:y coordinates of 3132335.23, 10158438.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point D, 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 165.0 feet to Point E, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 165.0 feet to Point F, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point F, as shown on Exhibit A-1, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 327.0 feet to Point G, identified by the x:y coordinates of 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203). ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. *11C1. City Council Agenda Summary Sheet Consider a resolution authorizing the Mayor to execute an Easement to Conduits Contained within a Duct Bank with Time Warner Entertainment-Advance/Newhouse Agenda Caption: Partnership for the West Main Street Duct Bank Project. Meeting Date: May 26, 2011 Department: Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, P.E. Director of Infrastructure Management Item Summary: The Southwest Downtown project required the relocation of dry utility infrastructure. This Easement to Conduits is for Time Warner Entertainment-Advance/Newhouse Partnership to replace the existing overhead communication facilities with equivalent communication facilities utilizing manholes, duct banks and installation of pedestals by the City of Round Rock in accordance with Time Warner Entertainment-Advance/Newhouse Partnership specifications for the Southwest Downtown District project. Strategic Plan Relevance: 26.0 - Construct major elements of the transportation and mobility systems as approved by council in the master transportation plan. Cost: $10.00 Source of Funds: 4B -Round Rock Transportation Corporation -Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW Time Warner Cable West Main Street Duct Bank April, 2011 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, Grantor hereby covenants with Time Warner Entertainment- Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division, ("Grantee") that Grantor has full power, authority and right to execute and grant this Easement to Conduits Contained within a Duct Bank (the "Agreement"); 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-1 as Segments 1 through 8; and Whereas, the Duct Bank consists of three (3) different types of duct banks referred to as "E2", "E4", and "E8" on Exhibits B-1, B-2, and B-3, and Whereas, Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division, ("Grantee") wishes to obtain an easement from Grantor for the purpose of Servicing (as defined below) the Equipment as determined necessary by Grantee to provide communication services to Grantee's customers (the "Specified Uses") in one (1) exclusive four (4) inch conduit pipe located in numbered conduits located in the Duct Bank as shown on Exhibit C (the "Conduit"); 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 by Grantor, Grantor hereby GRANTS, SELLS, DEDICATES and CONVEYS unto Grantee certain rights and interests in the nature of an easement (the "Easement") to exclusively install, construct, lay, reconstruct, operate, maintain, repair, replace, enlarge, relocate, inspect, supplement and remove (collectively, "Service" or "Servicing"), at any time hereafter, its communication systems and related components, lines and equipment, together with all such communication 00220707.DOC 1 12-1 -05*'?4 -1 v -I facilities, including, without limitation, conduits, cables, wires, fibers, poles, pedestals, pipes, antennas fixtures, handholes, apparatus and appurtenances, as it may from time to time require or deem proper therefore (collectively, the "Equipment") in the Conduit. 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 in this Agreement shall be perpetual, provided however the Easement, rights, and privileges shall cease and revert to Grantor in the event the Equipment within the Conduit are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The Equipment placed or installed in the Easement and the Conduit by Grantee, whether permanent or temporary and replacements thereof, shall be and remain the property of Grantee, and may be removed by Grantee at Grantee's discretion at any time. This Agreement and the rights to the Easement are freely alienable and transferable by Grantee without the prior consent of Grantor to any affiliate of Grantee, entity in which Grantee owns fifty percent (50%) or more of the stock, or entity which owns fifty percent (50%) or more of the stock of Grantee, which shall include without limitation an assignment of Grantee's interest under this Agreement by operation of law or as a consequence of a merger of Grantee into or with another entity, a change of control of or change of ownership of Grantee, or a sale of substantially all of Grantee's assets (any such entity being a "Related Party", and any such assignment or transfer being a "Related Party Assignment"). Grantee may hereafter transfer, assign and convey this Agreement and the rights to the Easement in whole or in part and/or grant, convey or permit sub - easements or the use thereof by non -Related Parties, so long as such sub -easements or users do not exceed or violate the limitations, restrictions and reservations contained in this Agreement and Grantee receives Grantor's prior written consent to such grant or conveyance, which consent shall not be unreasonably withheld, delayed or conditioned. 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 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 pipes (but not the Conduits) contained within the Duct Bank. The perpetual Easement, rights and privileges herein granted shall be used for the Specific Uses, subject to the following terms: (a) Grantee shall use the Conduit described herein for only the Specific Uses described herein, and for no other. (b) Grantor shall be responsible for maintenance of the Duct Bank and the Conduit being used or reserved for future use by Grantee. Grantee shall be responsible 2 for any repairs and associated costs arising from damage caused by Grantee. Grantee shall report all damages and associated repairs to Grantor. (c) Grantor shall use reasonable care to assure that Grantee's Equipment within the Conduit covered by this Agreement are protected from damage by other Duct Bank users and shall assure efficient access by Grantee to its Equipment. 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 in regard to the use of the Easement. Nothing in this Agreement 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 Agreement, 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 Agreement 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 hereby binds itself, and its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the 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. This Easement is a covenant running with the Duct Bank and the property appurtenant thereto. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this ;day of M- , 2011. GRANTOR: CITY P • ' • UND ROC , TEXAS By: 3 Alan McGraw, Mayor Accepted and Agreed To: GRANTEE Time Warner Entertainment -Advance/ Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, through its Central Texas Division By: Time Warner Entertainment Company, L.P., Managing Partner Name: Joel Godson Its: t L (c-.1 4 ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 2c.0" day of , 2011, by Alan McGraw, Mayor of Round Rock, Texas for the purposes an consideration and in the capacity therein expressed. L,14.144',,,, MEAGAN M. SPINKS Notary Public, State of Texas My Commission Expires September 09, 2014 THE STATE OF TEXAS COUNTY OF J rv4vi $ Notary ' lic S at - f Tgt A-6 This instrument was acknowledged before me on this the 2-9+1' day of Jun.. , 2011, by Joel Godson, "-Di rLGd r of the Central Texas Division of Time Warner Entertainment Company, L.P., as Managing Partner of Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, d/b/a Time Warner Cable, 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 5 Notary Public, State or 3//iZo/ 2 l Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point B, identified by the x:y coordinates of 3132127.16, 10158365.78 (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 3132127.16, 10158365.78 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 220.0 feet to Point C, identified by the x:y coordinates of 3132335.23, 10158438.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point D, 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 165.0 feet to o Point E, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 165.0 feet to Point F, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point F, as shown on Exhibit A-1, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 327.0 feet to Point G, identified by the x:y coordinates of 3131131.74, 10158236.69 (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 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 55.0 feet to Point H, identified by the x:y coordinates of 3131103.08, 10158288.28 (NAD 83, Texas State Plane Central, FIPS .4203). Segment No. 7 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131131.74, 10158236.69 (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 3131053.12, 10158213.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 8 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 65.0 feet to Point 3, identified by the x:y coordinates of 3131141.56, 10158181.00 (NAD 83, Texas State Plane Central, FIPS 4203). Z 38 PP wei .N m zcwwww � b v-D1-Di�� m xxxx tttt 4888 6666 5555 COMPACTED BACKFILL TO FINISHED GRADE QR BOTTOM OF SUBGRADE 30" 2" ELI z STREET LIGHT CONDUIT I - NO. AS REQ'D (SEE ELECTRICAL z STREET LIGHTING PLAN) (SCHDL 40) N SAND FILL z a N FLOWABLE FILL 0'0 000 CDI 0 00 DUCT BANK LINE "E2" DETAIL NTS GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE TYPICAL COMMUNICATIONS LAYOUT - THIS SHEET 6" ELECTRIC DUCT SEE TYPICAL ELECTRICAL LAYOUT - 11115 SHEET COMPAC1ED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE SAND FILL 30" '1 ce STREET LIGHT CONDUIT NO. AS REQ'D (SEE ELECTRICAL STREET LIGHTING PLAN) (SCHOL 40) N FLOWABLE FILL 1 omooo 000 0 0 z DUCT BANK LINE "E4" DETAIL NTS 2 9 EXHIBIT GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE TYPICAL COMMUNICATIONS LAYOUT - THIS SHEET 6" ELECTRIC DUCT SEE TYPICAL ELECTRICAL LAYOUT - THIS SHEET COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE 30" L., I a LT:. STREET LIGHT CONDUIT o 2" NO AS REQ'D (SEE ELECTRICAL g STREET UGHTING PLAN) (SCHDL 40) N • _ CO 11 SAND FILL FLOWABLE FILL 0 7A CD 0 CD 8B 0 0 CD m DUCT BANK LINE "E8" DETAIL NTS GAS SEE GAS COMPANY PLAN FOR ACTUAL SIZE AND NUMBER OF GAS LINES 4" COMMUNICATIONS DUCTS SEE TYPICAL COMMUNICATIONS LAYOUT - THIS SHEET 6" ELECTRIC DUCT SEE TYPICAL ELECTRICAL LAYOUT - THIS SHEET West Main Street Easement Conduit Number EXHIBIT "c" c TW Cable Segments # Type Conduit # 1 E2 5 2 E2 5 3 E8 5 4 E4 5 5 E2 5 6 E2 5 7 E2 5 8 . E2 5 EXHIBIT "c" c Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point B, identified by the x:y coordinates of 3132127.16, 10158365,78 (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 3132127.16, 10158365.78 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 220.0 feet to Point C, identified by the x:y coordinates of 3132335.23, 10158438.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point D, 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 165.0 feet to Point E, identified by the x:y coordinates of 3131367.88, 10158495,73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131367.88, 10158495.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 165.0 feet to Point F, identified by the x:y coordinates of 3131424.22, 10158338,73 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point F, as shown on Exhibit A-1, identified by the x:y coordinates of 3131424.22, 10158338.73 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 327.0 feet to Point G, identified by the x:y coordinates of 3131131.74, 10158236.69 (NAD 83, Texas State Plane Central, FIPS 4203).