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CM-2020-047 - 2/7/2020ELECTRONICALLY RECORDSD 2020013706 Williamson County, Texas Total Pages: 5 PT# 2019.3746 District: KRT/Round Rock WR#: 3444565 ER#: 299057 EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WiLLIAMSON § That City of Round Rock, Williamson County, Texas, a home rule municipality, hereinafter called "Grantor," whether one or more, for and in consideration of Ten and Noll 00 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, located at 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, their 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 poles, guys, anchors, wires and cables, supporting structures, surface mounted equipment, transformers, switchgears, auto -transformers, conduits, manholes, vaults, 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 above described, 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 road 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 00939427.DOC N4r 2 0 Z 0--eq--7 2020013706 Page 2 of 5 thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. 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 the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. Grantor and Grantee acknowledge that a portion of the easement area is located within an area designated by Grantor for the future 11 5'Africa Lane public right-of-way, as shown on Exhibit "A" attached hereto. The parties agree that, upon the dedication of the 115' Africa Lane public right-of-way, this Easement and Right of Way shall terminate only as to the portion of the easement area located within the 115' Africa Lane public right-of-way, which area shall thereafter be governed by the franchise agreement between Grantor and Grantee; provided this Easement and Right of Way shall continue in full force and effect with respect to the remaining easement area. 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 Grantor hereby binds Grantor and Grantor's heirs, successors, 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 Fit ` day of il�'i-G(.��� 2020. City of Round Rock, Williamson County, Texas, a home rule nicipality B Laurie Hadley, City Mdhager 00439427.DOC 202001370E Page 3 of 5 STATE OF TEXAS § COUNTY OF1U ' &' § BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley, as the City Manager of City of Round Rock, Williamson County, 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. G EN UNDER MY HAND AND SEAL OF OFFICE this day of A. D. 2020. Public KAnd for the State of 00939927.DOC 2020013708 Page 4 of 5 Y Exhibit A _-ES aA—EE—PaZm�galley Blv /Hd WY 79 - Ft(+/-) Kenney Fort Blvd i mile Wesl r � 1 Rid N PHAAE 5ed Bud Ln 2000ft(+i-) East' 7 1 LOT16OC t f 1doAOREs , / 7�,5p� �� �IENKE ANO , r !'• • ' t,AUMA wr+�rer svarr� PUD i13 f ooa Brrr4o.2oaea»o , r4T5Ft(+/•) ' ITY 0 OUND RO A #R UL . 'ICU'ALI il' —Y No.' 001675 _may ,ram" ®. f�. ,ram_ � - 4� •• •--'"� Indicates City of Round Rack dedks ed ry sxeeHpubtic right of wily Indicates a 30FT(+1-) 'wide Electric Delivery Easement. Length shown abo?e The intent of this exhibit is to pictorially show the approximate location of this easement. It is not inl survey. Calls shown are reference only. No statement is made to the validity of these calls. Grantor: City of Round Rock Doc. No. 2017001675 County: Williamson Survey/Abstract: P. A. Holder 297 District: RRK/Waco iWR: 3444*66 Initials RECORDERS MEMORANDUM At or parts of the text on th s page was not clearly legible for satisfactory recordation J as an a PROPosEQ 1e' CORM WASTEwAYM EASOMW 2020013706 Page 5 of 5 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020013706 Pages:5 Fee: $37.00 ___02/10/2020 04.05 PM Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock R 'S ROCK Agenda Item Summary Agenda Number: Title: Consider executing an Easement and Right of Way with Oncor Electric Delivery Company, LLC regarding the 115' Africa Lane public right-of-way in connection with the Kalahari Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/14/2020 Dept Director: Steve Sheets Cost: Indexes: Attachments: Easement-00439432.PDF, LAF-00439446.PDF Department: Legal Department Text of Legislative File CM-2020-047 City o/Round Rock Page f Printed on V1212020 PTA 2019-3746 District: KRT/Round Rock WR#: 3444566 ER#: 299057 EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That City of Round Rock, Williamson County, Texas, a home rule municipality, hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, located at 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, their 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 poles, guys, anchors, wires and cables, supporting structures, surface mounted equipment, transformers, switchgears, auto -transformers, conduits, manholes, vaults, 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 above described, 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 road 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 00439427.DOC thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. 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 the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. Grantor and Grantee acknowledge that a portion of the easement area is located within an area designated by Grantor for the future 11 5'Africa Lane public right-of-way, as shown on Exhibit "A" attached hereto. The parties agree that, upon the dedication of the 115' Africa Lane public right-of-way, this Easement and Right of Way shall terminate only as to the portion of the easement area located within the 115' Africa Lane public right-of-way, which area shall thereafter be governed by the franchise agreement between Grantor and Grantee; provided this Easement and Right of Way shall continue in full force and effect with respect to the remaining easement area. 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 Grantor hereby binds Grantor and Grantor's heirs, successors, 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 2020. City of Round Rock, Williamson County, Texas, a home rule nicipality B Laurie Hadley, City M ager 00439427.1)OC STATE OF TEXAS § COUNTY OF{'V§ BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley, as the City Manager of City of Round Rock, Williamson County, 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. G EN UNDER MY HAND AND SEAL OF OFFICE this ZO& day of A- D. 2020. otary Public H-9nd for the State of �rexas 00439427.DOC PHASE 5 SOT i s�oc s m1ti' 46 506 A �^�11D 13 �10 A 14 Exhibit A =E. Palm Valley Blvd/HWY 79 r� Kenney Fort Blvd 1 mile (+/-) West Red Bud Ln 2000ft(+I-) East 1.5f] ACRES KEn'H ARAND LAURA R1NtiEFIART KR1 KRfENICE DOCUMENT NO.2006074399 6�75Ft(+/-) Y OF -ROUND RO s RUL 'ICIPALITY - sr47 No. 001675 ` f663 IT. C.T.111, S62 zi CORR WASTEWATER EASEMENT _ Ft(+/-) Indicates City of Round Rack dedicated city streeUpublic right of way PROPERTY fuNE Indicates a 30FT(+/-) wide Oncor Electric Delivery Easement. Length shown above The intent of this exhibit is to pictorially show the approximate location of this easement. It is not intended as an survey_ Calls shown are reference only. No statement is made to the validity of these calls. Grantor: City of Round Rock Doc, No, 2017001675 County: Williamson Survey/Abstract. P. A. Holder 297 District: RRK/Waco !R: 3444566 I initials