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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 MATCH UNE PAGE 2 ego— vio.v 1 vv% '*' 35$P1cW �wi mpiocof= , fF 8sl,--LivaRQW.Eawesrlrll IF r umrr LaeerGetorM*)* rAWb* r s' bum . QRW.&T i CIS �Fi„� • a, ilitFr ;,�Gti ai uolrr , �>Pout o id d z ; J. co dr Spacial welfamy Deed to TXU Bectric Qellvery CooWny ,' o 0= No. 2002000081 J. , O.P.R.W.C.T. if R j Oi Specht Warranty Deed to �; ,• Z Texas UtBities Eledric Co. o ; Called 4.994 Acres % ' Val. 2433, Pg. 225 ; i� ,' dtAP'a 6CAlp O.R.W.C.T. °► o' am 120' 140' at.V L1 {uT'3f911Aqt:T P d.EN661 a0sic 0f 0earcgs is the Taros Coordinate Syetcm of 1943. Central Zone 4203 (NA0a312011). M dblenccsrheen hereon are surface and ma! be caaverted to qrW O 3 by d rdUq by the ewhlce adrstmenl War of 1.00012 G1tJrGtV S wrwr fact Catled0a12�saftes Z Thea off"y .as eraarcd wthoul the benaAt et a r'ttic VO12ma. Pp 320]0i-369 COWAAtment 1hMa may M other easements dr other DaWCT $#+«� of record that affect two tract that ere not dwwa 0n this plot rrerna _ ONCOR ROUND ROCK • 1/7'iraJl4tvft!"(U Mon+flrit9rno) SUBSTATION O 112' *0 = ■)M W VAWW Tour• e NMI w ■o( amSMM Tiller" RIGHT-OF-WAY DEDICATION l rog4"an raver 0.521 ACRES a rvr t7+w uer Iza CITY OF ROUND ROCKr Aw N � W ILLIAMSON COUNTY, TESLAS op r r'mexww w arLw;w cv rr 47MOfAcr avscams IV aftbtvsde a � tJl:frCr ftjrAMM it N[Lkvm1#in. r! QRJCC r C10 ARM Or ACU4M 0 rs P" mr fx aclserte ( ) IIICr3tA11bM .10 H AL FF - AVO 034067 001 I=AM@NOteft .8=r.we+�gl.JiAMTSMa GATE 09r14r2010 PAGE NO tOF2 Ali rT}�� ra/11reWe0t freerr RECORDERS MEMORANDUM all rd Jl:rY>i$[fl:'#�ei!41 fd15 J73'3.^+Y:a �I�# Orr AON 11VE Z I, 9xtm:.� LCt P,el►K ares IWIC SO� 2019041174 Page 10 of 11 UNE TABLE LINE BEARING DISTANCE L1 S55.431 25LW L2 N42- 3"W Cab P R' T L3 N41'26r36"W 54.47' til s5r43"FW s4.47' 4 1 NOS "49'35"1= 28 S1• LS I 542021M -E 1 455.8. MATCH LINE PAGE 1 ni�* Fr ....•yY I, Cdeen Y Jannsar, a R isterad Prof, 101 tend y�Sarveytr, de h.rs0y entity that We pa►eel slat andFOSSthe oeeampanyinq legal deserblloe at even data..........represent an eatuat survey Rade an the ground undertI�Jt1:t�9Qr1my sup—scan ........... err •{�:•:, GRAPHtC SCALE R• It12 Ila Cd n Johnsen Ra 14red Prot al Land Surveyor Dela 0' 40' 80' nasus No 4971 TEU nRM N0 1002 7 ONCOR ROUND ROCK SUBSTATION RIGHT-OF-WAY DEDICATION 0.521 ACRES CITY OF ROUND ROCK. WILLIAMSON COUNTY, TEXAS HAL Im resn 0 [WaL Ver JIM "f~ Amm NOW AUDI D fIr aall ft 001 co iGttm %W ® m" Sfr" mm Mm W*lr ❑ SpacW Warranty Deed to Cab P R' T PDI pair TXU Electric Delivery Company ------ a Doc. No. 2002WOOSI O.P.R.WC T. --- - b,,,,.¢ t 07A"ttI AW MW W WUUSW M err Warranty Geed to -� r PR.ZCf Texas Power 5 Light Co. Called 5 Acres y a lO afm iErmm ar 11ILW atl m ry Pas parr tr KOW119 1 I Val. 233, Pg. 202 D.R.W.C.T. ES �� • e. OVEFIWAa ELEMM _ + g a l MATCH LINE PAGE 1 ni�* Fr ....•yY I, Cdeen Y Jannsar, a R isterad Prof, 101 tend y�Sarveytr, de h.rs0y entity that We pa►eel slat andFOSSthe oeeampanyinq legal deserblloe at even data..........represent an eatuat survey Rade an the ground undertI�Jt1:t�9Qr1my sup—scan ........... err •{�:•:, GRAPHtC SCALE R• It12 Ila Cd n Johnsen Ra 14red Prot al Land Surveyor Dela 0' 40' 80' nasus No 4971 TEU nRM N0 1002 7 ONCOR ROUND ROCK SUBSTATION RIGHT-OF-WAY DEDICATION 0.521 ACRES CITY OF ROUND ROCK. WILLIAMSON COUNTY, TEXAS HAL Im resn 0 [WaL Ver JIM "f~ Amm NOW AUDI D fIr aall ft 001 co iGttm %W ® m" Sfr" mm Mm W*lr ♦ GRQr[.1R11 mr b. PDI pair got—ern- ~ tm aw at�F ow rt7ilcc ,— arrow 0.0 Ire f 07A"ttI AW MW W WUUSW M err akxrr effatt AWOi or rtuau m m, a PR.ZCf ptAr+r rm Or tl[trtl" Co. rx OANC E afm iErmm ar 11ILW atl m ry Pas parr tr KOW119 1 I =m mmumv AVO 034007 001 DATE; 04'14'2010 PAG$ NO. 2 OF 2 RECORDERS MEMORANDUM all Cr pinsi It he te-t on MiSPJ «!, rKT C -sir, Iejth-raf �- p4xt]r. peccrilmn NC R 2019041174 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019041174 Pages: 11 Fee: $65.00 05/14/2019 08:25 AM Am A Nancy E. Rister,County Clerk Williamson County,Texas ����1,•��7w�� ��'`�"�_. � + �Y �'�'-� "L#"'�+:.f.'�•- .- G1 nt" .rte': i,`_.'.:.rlkJ -�-:.��._ ,. -� jai -" . /.j r,. 4 � � I •. a,w,T' � '` `�,r� _ S j; rte• (`� y• • �' ,� +,tel ��_ ��u t h r J�} � � s`"� t, � �•:ti• q "^'�� fy_..4.0. L,,` `��1�,�I.I"..\'��,�M�.�TG�. `� I�} L.1� I�F � L-1 L L i vil MMOL k 5 *� 0 donation _ Oncor(Sam Bass&Somerset) TNsffMisaumrguwWdstadcm4put*vnankofmi,mq* ft ardk brrekr"jMO*.Data bwnfttappeffon Web Pdnt 1 City of Round Rock Te°x""5 RDS 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