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CM-2019-0140 - 5/24/2019PENDING FINAL SIGNATURE FROM OTHER PARTY PT # 2019-1642 District: KRT/Round Rock WR #: 3444466 ER # EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF W ILLIAMSON § That City of Austin Texas, a home rule municipality, City of Cedar Park Texas, a home rule municipality, and the City of Round Rock, Texas, a home rule municipality, hereinafter called "Grantor", whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202- 1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, across and upon Grantor's land described as follows: SEE EXHIBIT --A'- (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as described above, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of-way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of- way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and 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 Grantee, as may be necessary to prevent possible Interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contourof the land or impound water within the easement area as described above without prior written consent of Grantee. 60.3300 CORPORATE ONCOR OWUG DISTRIBUTION EASEMENT LAST REVISED 4/28!69 Grantor reserves the right to use the land within the above described easement area for purposes not Inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns, and legal representatives, to warrant and forever defend the above described easement and right-of-way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , 2019. City of Austin Texas, a home rule municipality By: Printed Name: Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared as the of City of Austin Texas, a home rule municipality, known to me to be the person whose name Is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same €orthe purposes and consideration therein expressed, in the capaclty therein stated and he/she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A. D. 2019. Notary Public in and for the State of Texas $0.9200 CORPORATE ONCOR ONNO DISTRIBUTION EASEMENT LAST REVISED 412AW day of EXECUTED this day of , 2019. City of Cedar Park Texas, a home rule municipality By: Printed Name: Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , as the of City of Cedar Park Texas, a home rule municipality, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, In the capacity therein stated and he/she Is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A. D. 2019. 50.3200 CORPORATE ONCOR OH1UG DISTRIBUTION EASEMENT LAST REVISED 4128108 EXECUTED this day of j , 2099, City of Round Rock, Texas, a home rule municipality By: Hadley, /City Manager STATE OF TEXAS § COUNTY OF Wi BEFORE ME, the undersigned authority, on this day personally appeared IV as the C4 Manager of City of Round Rock, Texas, a home rule municipality, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so. GIVFEN NDER MY HAND A. AND SEAS_ OF OFFICE this D. 2049. otary Public in ato for the "State of Texas 60.3200 CORPORATE ONCOR OWUG DISTRIBUTION EASEMENT LAST REVISED 4!28!00 day of EXhibj} q AFRICA LANE ' 19 J�l'oo 'j"-) 15FT Wide Oncor Electric DpGvt+ry Fnaamant (FUTURE) � Q� .oA �� INDICATES A 15'(•/-) WIDE ONCOR ELECTRIC DELIVERY EASEMENT The intent of this exhibit is to pictorially show the approximate location of this easement. It is not intended as on actual survey. Calls shown are references only. No statement is made to validity of these calls. Grantor: City of Round Rock, City of Austin, City of Cedar Park Doc. No. 2019005420 County: Williamson Survey/Abstract Joseph Marshal 409 District= RRK WR-- 344450 Initials City of Round Rock ) �7 ROUND ROCK xA Agenda Item Summary Agenda Number: Title: Consider executing Easement and Right -of -Way PT#2019-1642 with the City of Austin, City of Cedar Park, and Oncor Electric Delivery Company LLC regarding the Kalahari Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/24/2019 Dept Director: Steve Sheets, City Attorney Cost: Indexes: Attachments: Department: Legal Department Text of Legislative File CM -2019-0140 Cky of Round Rock Page 1 Pdnfed an 5/24/2019