CM-2019-0126 - 5/10/2019ELECTRONICALLY RECORDED 2019041174
Williamson County, Texas Total Pages: 11
DONATION SPECIAL WARRANTY DEED
Sam Bass Road Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
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 IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability
company hereinafter referred to as Grantor, whether one or more, for and in consideration of
the sum of One Dollar (1;1.00) and other good and valuable consideration to Grantor in hand
paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have this day
Sold and by these presents do Donate, Grant, Bargain, Sell and Convey unto CITY OF
ROUND ROCK, TEXAS, hereinafter referred to as Grantee, all that certain tract or parcel of
land lying and being situated in the County of Williamson, State of Texas, along with any
improvements thereon, being more particularly described as follows:
All of that certain 0.521 acre (22,5$2 square foot) tract of land out of and situated in the
David Currey Survey, Abstract No. 130 in Williamson County, Texas; more fully
described in Exhibit "A", attached hereto and incorporated herein.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
A. Visible and apparent easements not appearing of record;
B. Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
C. Easements, restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and encumbrances for taxes and assessments (other than liens and
conveyances) presently of record in the Official Public Records of Williamson County, Texas,
that affect the property, but only to the extent that said items are still valid and in force and
effect at this time; and
D. Grantor hereby expressly reserves in the Property an easement and right -or -way
for overhead and/or underground electric supply, transmission and communications facilities
which are existing in, under, on or over the Property as of the date of this Deed, together with the
right of ingress and egress along and upon said easement and right-of-way and over and across
2019041174 Page 2 of 11
adjoining properties of Grantee far the purpose of and with the right to maintain, operate, repair,
remove replace and reconstruct said facilities, but specifically limited to only the some or
substantially similar design, scale, scope and position as existing on the Property as of the date of
this Deed; the right to prevent construction of, within the easement area, any and all buildings,
structures or other obstructions which, in the sole judgment of Grantor, may endanger or
interfere with the efficiency, safety, and/or convenient operation of said facilities and their
appurtenances; the right to trim or remove trees or shrubbery within, but not limited to, said
easement area, including by use of herbicides or other similar chemicals approved by the U.S.
Environmental Protection Agency, to the extent in the sole judgment of Grantor, as may be
necessary to prevent possible interference with the operation of said facilities or to remove
possible hazard thereto. Prior to such time as Grantor has de -energized the Retained
Improvements within the easement area following Grantee's notice of intent to use the easement
area for conflicting public roadway purposes as set out below, Grantee shall not make changes in
grade, elevation or contour of the land or impound water within the easement area described
above which shall materially interfere with the Retained Improvements of Grantor without prior
written consent. Further, it is expressly understood and agreed that, in connection with this
easement herein reserved, Grantor is retaining title to all improvements located on the
property described In said Exhibit "A" as of the date of this Deed ("Retained
Improvements"), including, without limitation, the following Retained Improvements:
power lines, communication lines, and all related poles, wires, electrical service facilities,
appurtenances and attachments.
Following written notice from Grantee that Grantee intends to construct improvements
upon or otherwise use the Property for public purposes which will conflict with Grantor's
retained facilities, Grantor covenants and agrees to remove the Retained Improvements from
the Property on or before the expiration of Two Hundred Forty (240) days from receipt of such
written request by Grantee, subject to such extensions of time as may be approved by Grantee
in writing, provided that Grantee agrees to reimburse Grantor for the cost to relocate the
Retained Improvements. Such reimbursement shall be paid in accordance with the rules and
procedures pursuant to any applicable Texas statute, provisions of the Code of Ordinances of
the City of Round Rock, or other standard procedures of the City for Utility Adjustments where
facilities are impacted by public roadway or highway construction conflicts.
Until such time as the Retained Improvements are removed from the Property, Grantor
shall have the right to enter the Property to trim and cut down trees and shrubbery to the extent
that, in the reasonable Judgment of Grantor, is necessary to prevent possible interference with
the operation of any of the Retained Improvements, or to remove possible hazards thereto.
Grantor represents that it does not own oil, gas and other minerals in and under the Property,
which are not included in this conveyance; provided, however, to the extent that Grantor does own any
interest in such oil, gas or other minerals, it waives all rights of ingress and egress to the surface of the
Property for the purpose of exploring, developing, mining or drilling for same.
Grantee acknowledges that Grantee has independently and personally inspected the Property. The
Property is hereby conveyed to and accepted by Grantee in its present condition, "AS IS, WITH ALL
FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED."
EXCEPT AS EXPRESSLY SET FORTH HEREIN, GRANTOR MAKES NO
2
2019041174 Page 3 of 11
REPRESENTATIONS OR WARRANTIES OF ANY KIND TO GRANTEE, INCLUDING,
WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY, OR ITS
SUITABILITY FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
TO HAVE AND TO HOLD the property herein described and herein conveyed together
with all and singular the rights and appurtenances thereto in any wise belonging unto City of
Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs,
executors, administrators, successors and assigns to Warrant and Forever Defend all and
singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof,
when the claim is by, through, or under Grantor but not otherwise.
[signature page follows]
2019041174 Page 4 of 11
IN WITNESS WHEREOF, this instrument is executed on this the 2nd clay of May, 2419.
GRANTOR:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
61
Name: Jill L. AlvarezPE.
—
Its: Attorney -In -Fact
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this the 2nd day of Mav 2019 by 1"
Alvarez the Attorney- in -Fact of Oncor Electric Delivery LLC, in the capacity and for the
purposes and consideration recited therein
MANDY M. SMITH
�ztia=_ Notary Public, State or Texas
Comm. Expires 00.02.2020
•v„°;,,�+� Notary 10 124437083
Notgry u lic, State of Texas
4
GRANTEE:
CITY OF ROUND ROCK, TEXAS
2019041174 Page 5 of 11
By: h6coGL
Name: 1 e
Its: A0114Gid
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON § j
Thi i trurnFnt w s Apowledged b for m this the I ay of
2019 by G the
ity of Round Rock, Te s, in
the capacity and for the purposes find considerati recited th rein.
Notary Publ' , tate oFTexas
PREPARED IN THE OFFICE OF:o.�Y p&
Sheets & Crossfield, P.C. Q�
309 East Main
Round Rock, Texas 78664 — "
-A�. �a
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
5
EXHIBIT "A"
County: Williamson
Project- Oncor Round Rock
AVO: 034087.001
METES AND BOUNDS DESCRIPTION
2019041174 Page 6 of 11
Page 1 of 3
September l4, 2018
BEING A 0.521 OF ONE ACRE (22,682 SQUARE FEET) OF LAND SITUATED M THE
DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF A CALLED 4.994 ACRE TRACT AND A CALLED 5 ACRE TRACT
DESCRIBED IN A SPECIAL WARRANTY DEED TO TXU ELECTRIC DELIVERY
COMPANY OF RECORD IN DOCUMENT NO. 200200008 l OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID CALLED 4.994
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED TO
TEXAS POWER & LIGHT COMPANY, OF RECORD IN VOLUME 233, PAGE 202, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.) AN[D SAID CALLED 5 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED IN A SPECIAL WARRANTY DEED
TO TEXAS UTILITIES ELECTRIC COMPANY. OF RECORD IN VOLUME 2433, PAGE 225,
D.R.W.C.T.; SAID 0.521 OF ONE ACRE (22,682 SQUARE FEET) BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGININNG at a 1!2 -inch iron rod with "HALFF" cap set for the most easterly corner of the tract
described herein, same being in the southeasterly line of said called 4.994 acre tract and being in
the northwesterly lime of that certain 0.612 of one acre tract described in a Warranty Deed to Holy
Innocents Anglican Church, of record in Volume 2036, Page 328, D.R.W.C.T, from which point
a 318 -inch iron rod found for the most northerly corner ofsaid 0.612 acre tract bears, N55043' I2"E,
a distance of 94.38 feet; and a 1R -inch iron rod found for the most easterly corner of said 4.994
acre tract, same being an interior ell corner of Old Town Meadows, a subdivision of record in
Cabinet B, Slides 388-389, Plaut Records of Williamson County, Texas (P.R.W.C.T.) bears,
N55143' 12"E, a distance of 513.86 fcct;
THENCE, with the southeasterly line of the tract described herein, same being the southeasterly
line of said 4.994 acre tract, S55°43'15"W, at a distance of 5.00 feet passing a calculated point for
the most westerly comer of said 0.612 acre tract, same being an angle point in the existing
northeasterly right-of-way line of Sam Bass Road, in all a total distance of 25.00 feet to a calculated
point for the most southerly corner of said 4.994 acre tract and the most southerly comer of the
tract described herein;
THENCE, with the southwesterly line of the tract described herein, same being the southwesterly
line of said 4.994 acre tract, and the apparent northeasterly right-of-way line of said Sam Bass
Road, N34°50'46"W, a distance of 443.70 feet to a calculated point for the most westerly corner
of said 4.994 acre tract, same being the most southerly comer of said 5 acre tract;
THENCE, continuing with the southwesterly line of the tract described herein, same being the
southwesterly line of said 5 acre tract, and continuing with the apparent northeasterly right-of-way
line of said Sam Bass Road, N42'23'03"W, a distance of 466.66 feet to a calculated point at the
intersection with the southerly right-of-way line of Somerset Drive, a variable width right-of-way
dedicated by Somerset, a subdivision of record in Cabinet F, Slide251. Plat Records of Williamson
EXHIBIT "A"
County: Williamson
Project: Oncor Round Rock
AVO: 034087.001
METES AND BOUNDS DESCRIPTION
2019041174 Page 7 of 11
Page 2 of 3
September 14, 2018
County, Texas (P.R. W.C.T), for the most westerly corner ofsaid 5 acre tract, and the most westerly
corner of the tract described herein, from which point a 112 -inch iron pipe found for the
northwesterly corner of said Somerset Drive dedication, same being the southwesterly corner of a
20 foot wide right-of-way dedication along Sam Bass Road, per Somerset li, a subdivision of
record in Cabinet H, Slides 160-162 bears, N44°26'36"W, adistance of 54.47 feet;
THENCE, with the southwesterly right-of-way line of Somerset Drive, same being the
northwesterly line of said 5 acre tract and the northwesterly line of the tract described herein.
N68148'35"E, a distance of 26.81 feet to a Pk nail set with "I-IALFF" washer in a concrete drainage
flume for the most northerly comer of the tract described herein, from which point a 112 -inch iron
rod found in said southerly right-of-way line of Somerset Drive, same being the northeasterly
corner of Lot 1, Block B. of said Somerset bears, N68°4835"E, a distance of 440.88 feet and
N74023'04"E, a distance of 130.77 feet;
THENCE, with the northeasterly line of the tract described herein, over and across said 5 acre
tract, S42023'03"E, a distance of 458.62 feet to a 112 -inch iron rod with "HALFF" cap set for an
angle point;
THENCE, continuing with the northeasterly line of the tract described herein, over and across
said 5 acre tract and said 4.994 acre tract, S34050'46"E, a distance of 44559 feet to the POINT
OF BEGiMING and containing 0.521 of one acre (22,682 square feet) of land, more or less,
within these metes and bounds.
Basis of bearings is the Texas Coordinate System of 1983, Central Zone 4203 (NAD8312011). All
distances shown hereon are surface and may be converted to grid by dividing by the surface
adjustment factor of 1.00012. U.S. Survey Feet.
This survey was prepared without the benefit of a title commitment. There may be other easements
or other matters of record that affect this tract that are not shown on the accompanying plat.
EXHIBIT "A"
County: Williamson
Project: Oncor Round Rock
AVO: 034087.00I
METES AND BOUNDS DESCRIPTION
This property description is accompanied by a parcel plat of even date.
2019041974 Page 8 of 11
Page 3 of 3
September 14, 2018
I, Coleen M. Johnson, a Registered Professional Land Surveyor, hereby certify that this legal
description and the accompanying parcel plat of even date represent an actual survey made
on the ground under my direction and supervision.
Coleen M. Johns P.L.S.
Texas Registered fessional Land Surveyor No. 4871
Halff Associates, Inc.,
TBPLS Firm No. 10029507
9500 Amberglen Blvd. Bldg. F. Suite 125
Austin, Texas 78729
512-777-4500
COLEEh gAAIE JOHN60M
Date ":4 ..........
�..; ..
�: _
2019041174 Page 9 of 11
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2019041174 Page 10 of 11
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SUBSTATION
RIGHT-OF-WAY DEDICATION
0.521 ACRES
CITY OF ROUND ROCK.
WILLIAMSON COUNTY, TEXAS
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2019041174 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019041174
Pages: 11 Fee: $65.00
05/14/2019 08:25 AM
Am
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Nancy E. Rister,County Clerk
Williamson County,Texas
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City of Round Rock
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TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Donation Special Warranty Deed for acceptance of
right of way from Oncor Electric Delivery Company LLC in connection with
the Sam Bass Road Right of Way Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2019
Dept Director: Charlie Crossfield
Cost: $0.00
Indexes:
Attachments: Deed-00423817.PDF, Map-00423893.PDF, LAF-00423909.PDF
Department: Legal Department
Text of Legislative File CM -2019-0128
Oncor replatting property, so they donated right of way for Sam Bass Road widening, but they
will retain easement for their existing facilities.
City of Round Rock Pape f Printed on 5/15/2019