CM-2019-0103 - 4/12/2019City of Round Rock
TEXAS eat Agenda Item Summary
TEXAS
Agenda Number:
Title: Consider executing a Consent Agreement with LCRA Transmission Services
Corporation regarding an electric easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/12/2019
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: Consent Agreement.PDF, LAF.PDF
Department: Legal Department
Text of Legislative File CM -2019-0103
Clty Df Round Rock Page i Printed on 4111/2019
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CONSENT AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
DATE: _, 2019
RECITALS
WHEREAS, Tom E. Nelson Jr., Trustee #1, Tom E. Nelson Jr., Individually, and M.J.
Cowan and N.G. Widow entered into a Waterline Easement with the City of Round Rock ("Round
Rock"), dated April 25, 1988, recorded as Volume 1672, Page 35 in the Real Property Records,
Williamson County, Texas (the "Main Waterline Easement") with a description of its location
attached thereto as Exhibit "A" (the "Main Round Rock Easement Area");
WHEREAS, Tom E. Nelson Jr., Trustee #1 entered into a Waterline Easement with Round
Rock, dated April 19, 1988, recorded as Volume 1672, Page 28 in the Real Property Records,
Williamson County, Texas (the "Second Waterline Easement") with a description of its location
attached thereto as Exhibit "A" (the "Second Round Rock Easement Area");
WHEREAS, BJM Mayfield Ranch, Ltd., a Texas limited partnership, entered into a
Waterline Easement with Round Rock, dated January 29, 2013, recorded as Document Number
2013009697 in the Real Property Records, Williamson County, Texas (the "Third Waterline
Easement") with a description of its location attached thereto as Exhibit "A" (the "Third Round
Rock Easement Area");
WHEREAS, CVS Pharmacy, Inc., a Rhode Island corporation, entered into a Waterline
Easement with Round Rock, dated May 19, 2017, recorded as Document Number 2017017015 in
the Real Property Records, Williamson County, Texas (the "Fourth Waterline Easement") with a
description of its location attached thereto as Exhibit "A" (the "Fourth Round Rock Easement
Area");
WHEREAS, the grantor in each of the Waterline Easements agreed that it would not
convey any other easements or conflicting rights without the express written consent of Round
Rock, which consent would not be unreasonably withheld;
WHEREAS, the property over which the Main Waterline Easement, the Second Waterline
Easement, the Third Waterline Easement and the Fourth Waterline Easement (collectively, the
"Waterline Easements") are located is now owned by Sand Pharmacy Round Rock 10875 LLC, a
Delaware Iimited liability company (the "Property Owner").
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WHEREAS, Property Owner has agreed to enter into an Electric Line Easement and Right -
of -Way (the "Electric Easement") with LCRA Transmission Services Corporation ("LCRA"), the
location of which is described and depicted in Exhibit "A", attached hereto and incorporated herein
for all purposes (the "LCRA Easement Area");
WHEREAS, at least a portion of the LCRA Easement Area is located within the Main
Round Rock Easement Area, the Second Round Rock Easement Area, the Third Round Rock
Easement Area and the Fourth Round Rock Easement Area (collectively, the "Round Rock
Easements Areas"); and
WHEREAS, Round Rock is willing to give its consent in writing for Property Owner to
enter into the Electric Easement with LCRA and by so doing agrees to the items set forth below.
AGREEMENT
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration,
including the recitals which are incorporated herein for all purposes, the receipt and sufficiency of
which are hereby acknowledged and confessed, Round Rock hereby enters into this Consent
Agreement and specifically agrees as follows:
1. The location of the LCRA Easement Area does not unreasonably interfere with the
Main Round Rock Easement Area so long as no poles are constructed within the LCRA
Easement Area that are within twenty feet (20') of the boundary of the Main Round
Rock Easement Area.
2. The location of the LCRA Easement Area does not unreasonably interfere with the
Second Round Rock Easement Area, the Third Round Rock Easement Area or the
Fourth Round Rock Easement Area.
3. The exercise by LCRA of its easement rights set forth in the Electric Easement will not
unreasonably interfere with Round Rock's easement rights set forth in each of the
Waterline Easements. Round Rock agrees to take no action that unreasonably
interferes with LCRA's easement rights unless LCRA unreasonably interferes with
Round Rock's easement rights. LCRA and Round Rock agree to work together in good
faith if either party believes the other party is unreasonably interfering with its easement
rights; and
4. Round Rock will not amend any of the Waterline Easements in any way that would
unreasonably interfere with LCRA's exercise of its easement rights within the LCRA
Easement Area without first receiving LCRA's consent in writing, and such consent
cannot be unreasonably withheld.
This Consent Agreement shall run with the land and be binding on and inure to the benefit
of each party and their respective heirs, legal representatives, successors, and assigns, including
00344440.D000 2
each and every subsequent owner or holder of the Waterline Easements and the LCRA Electric
Easement.
When the context requires, singular nouns and pronouns include the plural.
City of Round Rock:
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By:
Name:
Title: R55-zS7 Ahab
ACKNOWLEDGEMENT
STATE OF TX� §
COUNTY OF lJ d�
Thi 'nstrument was ackn wledged before me on this0'J`day of k7 ,
2019, by _t5jy&=Si3ChrY , asof the City of Round
Rock, Texas.
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RY pUBOi
Notary Public in Od for the State of Texas
My Commission xpires: 3 Z Z2—'
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00144440.00cx 2
LCRA Transmission Services Corporation
By:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2019, by as of LCRA Transmission
Services Corporation.
Notary Public in and for the State of Texas
My Commission Expires:
AFTER RECORDING, RETURN TO
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