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CM-2019-0329 - 10/25/2019ELECTRONICALLY RECORDED 2019123588 Williamson County, Texas Total Pages: 6 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. UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, whose current address is 221 East Main Street, Round Rock, Texas 78664 and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO1100 DOLLARS (SIO -00) and other good and valuable consideration paid by CHARTER COMMUNICATIONS, INC., (hereinafter referred to as "Grantee"), whose mailing address 810 West Howard Lane, # 100, Austin, Texas 78753, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within said easement, rebuild, repair, and remove a telecom distribution system, together with all necessary lines, pipes, conduits, vaults, manholes, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across only the following described property of Grantor, to -wit ("Easement Area"): An easement five (5) feet in width, to be configured as running more or Iess parallel with and abutting the southern boundary line of that certain parcel of real property recorded in Document Number 2000039606, Plat Records of Williamson County, Texas; said Easement Area described by sketch in the attached Exhibit "A", incorporated herein and by reference for all purposes. This conveyance is made and accepted subject to 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 Farce 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 shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said telecom distribution system is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the Easement Area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld, conditioned or delayed. Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's propgrty by means of roads and lanes thereon, if such exist, otherwise by such route(s) as 6q, 2-oloq,- P—RZ93 2019123588 Page 2 of 6 shall occasion the least practicable damage and inconvenience to Grantor; (b) the right from time to time to trim and to cut down and clear away any and all trees and brush now or herealler on the Easement Area and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the reasonable opinion of Grantee may be a hazard to the telecom distribution system; Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Area; and (b) Grantee shall promptly backfill any trench made by it on the Easement Area and repair any damage it shall do to Grantor's land. Notwithstanding anything in this instrument to the contrary, Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement Area for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon said Easement Area by Grantee shall remain the property of Grantee. herein. Grantor hereby dedicates the easement as a utility line easement for the limited purposes stated 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 above-described 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. (Signatures and Acknowledgements New Page) 2019123588 Page 3 of 6 GRANTEE: CHARTER COMMUNICATIONS, INC. By: 1 r+o Name: Title: ACKNOWLEDGMENT THE STATE OF i�x § COUNTY OF 1 § This instrument was Acknowledged before me on this the I S4L% day of the month of Nay '2U19' by "tk (Name), Co^ -A ve-4; , 5ug y4w(Titic), of Charter Communications, Inc., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. Signature .� L q L -I Printed Name Notary Public, State of Texas ,per' RENEE LOPEZ O . 1.1 My NOURY ID 1t 11910015 t� Explros December tT. 2020 After executing please return to: General Services 212 Commerce Blvd. Round Rock, TX 78664 2019123589 Page 4 of 6 TNESS WHEREOF, Grantor has caused this instrument to be executed thO —day of 2019. GRANTOR: CITY OF ROUND ROCK, TEXAS By: City Manag ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § eMZ. instrument was acknowledged before me on this the v'�y of the month of , 2019, by y, ity Manager of the City of Round Rock, Texas, known by me to be the person whos name is subscri d to the foregoing instrument, and acknowledged to me that he executed the same the act and decd f and on behalf of said entity and in the capacity and for the purposes and const ration therein expr d. ks� - 3 Sibfiature U -- SA - 2PrinTed Name Notary Public, State of Texas i - ' RECORDERS _ MEMORANDUM 2019123588 Page 6 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019123588 Pages:6 Fee: $41.00 12/20/2019 04:28 PM Aii%h��vy� � Nancy E. Rister,County Clerk Williamson County,Texas Site qU�t�h T U %o Fe - - - NOV? � a! If � I , f �ssi �ie %nte �'�ist%rj I rC�'pt � p�qe City of Round Rock JIRrUN ROCK Agenda Item Summary ,, Agenda Number: Title: Consider executing a Utility Easement with Charter Communications, Inc. regarding the granting of a five (5) foot easement more or less on the southern boundary of the City's property recorded in Document No. 2000036606, Plat Records of Williamson County, for the Fire Station No. 3 Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/25/2019 Dept Director: Chad McDowell, General Services Director Cost: Indexes: Attachments: Charter Communications Utility Easement - Fire Station No. 3 (00433713xA08F8) Department: General Services Department Text of Legislative Fite CM -2019-0329 A five (5) feet easement is needed for a telecom distribution system for Fire Station No. 3. City of Round Rock Page 1 Printed on 40)14/2019