R-11-06-23-10C5 - 6/23/2011RESOLUTION NO. R-11-06-23-1005
WHEREAS, in connection with the West Main Street Project, an easement is required to
Oncor Electric Delivery Company LLC 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 Oncor Electric Delivery Company LLC, 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 Oncor Electric Delivery Company 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 23rd day of June, 2011.
ATTEST:
@auk, .
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\I 104\MUNICIPAL\00224966.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
Oncor Electric
West Main Street Duct Bank
April, 2011
EXHIBIT
«A„
' EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCT BANK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
f72.Z97
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-1 as Segments 1 through 8;
and
Whereas, the Duct Bank consists of four (4) different types of duct banks referred
to as "E2", "E4", "86", and "88" on Exhibits 8-1, B-2, B-3, and B-4; and
Whereas, Oneor 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 by Grantor, 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, replace, and
remove facilities related to the 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 in this
Easement shall be perpetual, provided however the 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.
00220241.DOC 1
Except as specifically provided in this Easement, 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 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
er
appurtenances as determined by Grantee necessary to provide electric services, subject to
the following terms:
(a) Grantee shall use the Grantee Conduits described herein for only the
specific uses described herein, and for no other.
(b) 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.
(c) 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
tate
of Texas and the United States in regard to the use of the Easement. Nothing m this
Easement 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 Easement, or any of its provisions or the operations contemplated
hereunder, are found to be inconsistent with or contrary to any Federal or State law
anif(now
existing or subsequently enacted), State and Federal Law shall control
commercially practicable, this Easement 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 itssuccessors
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.
2
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
Accepted and Agreed To:
GRANTEE
Oncor Electric Delivery Company LLC,
a Delaw: ; limited liability company
By:
J'ij►', j varez, Attor'ey in Fact
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.
Notary Public, State of
3
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this the day of
tikQ , 2011, by Jill L. Alvarez, attorney in fact foi ncor Electric
Delivery Cbtnipany LLC, a Delaware limited liability company, for the purposes and
consideration and in the capacity therein expressed.
After recording please return to:
Sheets & Crossf eld, P.C.
309 East Main Street
Round Rock, Texas 78664
4
OS -Pc‹
Notary Public, State of Texas
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 8, identified by the x:y
coordinates of 3132127.16, 10158365.78 (NAD 83, Texas State Plane
Central, FIPS 4203).
Segment No. Z
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 1, 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).
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SEE TYPICAL COMMUNICATIONS
LAYOUT - THIS SHEET
6" ELECTRIC DUCT
SEE TYPICAL ELECTRICAL LAYOUT -
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SEE TYPICAL COMMUNICATIONS
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'------- 6" ELECTRIC DUCT
SEE TYPICAL ELECTRICAL LAYOUT -
THIS SHEur
DUCT BANK LINE "E4" DETAIL
NTS
EXHIBIT
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SEE TYPICAL COMMUNICATIONS
LAYOUT - THIS SHEET
• 8" ELECTRIC DUCT
SEE'IYPICAL ELECTRICAL LAYOUT -
THIS SHEET
West Main Street Easement Conduit Number
Conduit #
Segment #
Type
ONCOR
1
E2
9,10
2
E4
9,10,11,12
3
E8
9,10,11,12,13,14,15,16
4
E6
9,10,11,12,13,14
5
E4
9,10,11,12
6
E6
9,10,11,12,13,14
7
E2
9,10
8
E8
9,10,11,12,13,14,15,16
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. *1005.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Easement to Conduits
Contained within a Duct Bank with Oncor Electric Delivery Company, LLC for the West
Main Street Duct Bank Project.
Meeting Date: June 23, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael Thane, P.E.
Director of Infrastructure Management
Item Summary:
The Southwest Downtown District Infrastructure project required the relocation of the dry utility infrastructure.
This Easement to Conduits is to grant Oncor Electric Delivery Company LLC use of the duct bank that will be placed in
the Southwest Downtown District Infrastructure project. This easement is required to relocate the overhead
electrical facilities with equivalent electric facilities utilizing manholes, duct banks and installation of switch gears,
transformers and pedestals by the City of Round Rock in accordance with Oncor Electric Delivery Company LLC
specifications for the Southwest Downtown District Infrastructure project.
The City Council authorized the Mayor to execute a Discretionary Service Agreement with Oncor Electric Delivery
Company LLC to relocate overhead facilities for the Southwest Downtown District Infrastructure project on January
13, 2011 for a cost of $247,307.86.
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
RECORDED
DOCUMENTS
FOLLOW
Oncor Electric
West Main Street Duct Bank .
April, 2011
' EASEMENT TO CONDUITS
CONTAINED WITHIN A DUCT BANK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
01.7.2.297
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 -I as Segments 1 through 8;
and
Whereas, the Duct Bank consists of four (4) different types of duct banks referred
to as "E2", "E4", "E6", and "E8" on Exhibits 13-1, B-2, B-3, and B-4; 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 by Grantor, 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, replace, and
remove facilities related to the 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 in this
Easement shall be perpetual, provided however the 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.
00220241.DOC 1
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Except as specifically provided in this Easement, 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 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:
(a) Grantee shall use the Grantee Conduits described herein for only the
specific uses described herein, and for no other.
(b) 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.
(c) 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 in regard to the use of the Easement. Nothing in this
Easement 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 Easement, 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 Easement 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
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.
2
,,�j IN WITNE S WHEREOF, Grantor has caused this instrument to be executed this
lL2g4 day of i[4Y3?i . 2011.
GRANTOR:
CITY OF RODUN��D,, ROCK, TEXAS
By:
Accepted and Agreed To:
GRANTEE
Oncor Electric Delivery Company LLC,
a Delaw limited liability company
By:
varez, Attor 'ey in Fact
Alan McGraw, Mayor
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.
SAM L WHITE
MY COMMISSION EXPIRES
July 11, 2012
ofienaik
3
Notary Public, State of -tevf'u
THE STATE OF TEXAS
COUNTY OF TARRANT
This instillment was acknowledged before me on this the day of
tA0. , 2011, by Jill L. Alvarez, attorney in fact fo ncor Electric
Delivery Ciompany LLC, a Delaware limited liability company, for the purposes and
consideration and in the capacity therein expressed.
4�,, ,;w,, LAURA DE LA PAZ
1+, - Notary Public, State of Texas
V.. My Commission Expires
IN; February 20, 2014
After recording please ret to:
Sheets & Crossfie -, .C.
309 East Ma. • : reet
Round ' . , Texas 78664
4
da(
Notary Public, State of Texas
_Exhibit A
Fasement 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, F1PS 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
coordinates of 3131131.74, 10158236.69 (NAD 83, Texas
Central, FIPS 4203), thence a distance of 55.0 feet to Point H
the x:y coordinates of 3131103,08, 10158288.28 (NAD 83,
Plane Central, FIPS 4203).
Segment No. 7
Starting at Point G, as shown on Exhibit A-1, Identified
coordinates of 3131131,74, 10158236.69 (NAD 83, Texas
Central, FIPS 4203), thence a distance of 73.0 feet to Point I,
the x:y coordinates of 3131053.12, 10158213.76 (NAD 83,
Plane Central, FIPS 4203).
Segment No. 8
Starting at Point G, as shown on Exhibit A-1, identified
coordinates of 3131131,74, 10158236.69 (NAD 83, Texas
Central, FIPS 4203), thence a distance of 65.0 feet to Point 3,
the x:y coordinates of 3131141.56, 10158181.00 (NAD 83,
Plane Central, FIPS 4203).
by the x:y
State Plane
, Identified by
Texas State
by the x:y
State Plane
identified by
Texas State
by the x:y
State Plane
identified by
Texas State
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4" COMMUNICATIONS DUCTS
SEE TYPICAL COMMUNICATIONS
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s" ELECTRIC DUCT
SEE TYPICAL ELECTRICAL LAYOUT •
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SEE TYPICAL COMMUNICATIONS
LAYOUT - THIS SHEET
6" ELECTRIC DUCT
SEE TYPICAL ELECTRICAL LAYOUT -
THIS SHEET
1
COMPACTED
BACKFILL TO
FINISHED GRAOE
OR BOTTOM OF
SUBGRADE
SAND FILL
FINABLE
FILL
24"
-b-
`s
STREET LIGHT CONDUIT
N0. AS REDID (SEE
ELECTRICAL STREET LIGHTING
PLAN) (SCHDL 40)
0000
0000.
DUCT BANK LINE "E6" DETAIL
EXHIBIT
B-3
NTS
ATMOS GAS
COMMUNICATIONS (4"CONDUIT)
ONCOR ELECTRIC (S"CONOUIT)
COMPACTED
BACKFILL TO
FMMSHEO GRADE
OR BOTTOM OF
SUBORADE
SAND FILL.
FLOWADLE
Flu
o
CYO O 0 0
08A000
2
IN
STREET' LIGHT CONDUIT 1,-
o
NO. AS REQT) SE
STREET LIGHTING PUDELE) I
(SCHDL 40) 1+
H
GAS
SEE GAS COMPANY PLAN FOR ACTUAL
SIZE AND NUMBER OF GAS LINES
----- 4" COMMUNICATIONS DUCTS
SEE TYPICAL COMMUNICATIONS
LAYOUT - THIS SHEET
-------'"'- O" ELECTRIC DUCT
SEE TYPICAL ELECTRICAL LAYOUT -
THIS SHEET
DUCT BANK LINE "E8" DETAIL
NTS
1EXHIBIT
I "B-4"
West Main Street Easement Conduit Number
Segment #
1
2
3
4
5
6
7
8
Type
E2
E4
E8
E6
E4
E6
E2
E8
Conduit #
ONCOR
9,10
9,10,11,12
9,10,11,12,13,14,15,16
9,10,11,12,13,14
9,10,11,12
9,10,11,12,13,14
9,10
9,10,11,12,13,14,15,16
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2011056730
08/25/2011 03:14 PM
CPHELPS $60.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS