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CM-2015-786 - 5/13/2015City of Round Rock aouso soca Agenda Item Summary Agenda Number: Title: Consider executing an Easement and Right of Way between the City of Round Rock (Grantor) and Oncor Electric Delivery Company, LLC (Grantee)for Behrens Ranch. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/6/2015 Dept Director: Steve Sheets, City Attorney Cost: Indexes: Attachments: Department: Legal Department Text of Legislative File CM -4015-766 Coofaoundita Page 1 Printed on YIV2015 District: Round Rock WR #:3181092E ER#: EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Williamson § That the City of Round Rock, Texas, a Texas home rule city, 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 bythese 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) 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 reasonable 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 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. 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 reasonable 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 503WOTDMDUPL OR OW00 DISTRISOTION EASEMENT L TRMSF 10-11.13 C0 W7C, W C M- 00�s -16(o 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 0 day of .2015. By: Laurie Hadley, Zity Manag STATE OF Texas § COUNTY OF Williamson § BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley, 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. GIVf-DI gNDER MY HAND AND SEAL OF OFFICE this l� day of d G�Z1L�-✓�/ , A.D. 2015. GK �IJ(-/✓✓ `Yi- MONIWEAOAMS (7� ,. .�= MV COMMISSION E%PIgES 1 /I.i%/ 'i?S,N�i�k` 9BNB�BhBr78p .15....x. 50.30W INOIWDO ONCOR OWUG DISTRIBUTION HSEMENT LAST REVISED 10-11-13 ac 4,000 .. _ ONCOR ELECTRIC DELIVERY 10.0 FEET WIDE UTILITY EASEMENT FM 3406, CITY OF ROUND ROCK FIELD NOTES for a 10.0 feet wide utility easement in Williamson County, Texas, being part of the David Carry Survey, Abstract No. 130, and the easement herein described being part of a called 226.03 acre tract conveyed to the City of Round Rock, of record in Document 62009003135, Official Public Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at a l2" iron rod with cap stamped "M&A" set on the north right-of-way line of F. M. Highway 3406 (Old Settlers Boulevard) and the south line of said 226.03 acre tract, for the southeast comer of this easement, whence a 1/2" iron rod found at the southerly southeast comer of said 226.03 acre tract bears N. 68° 45' 42" E., 210.96 feet; THENCE S. 68° 45' 42" W., 10.03 feet, with the north right-of-way line of said F.M. 3046 and the south line of said 226.03 feet, to a .112" iron rod with cap stamped "M&A" set for the southwest corner of this easement', THENCE over and across said 226.03 acre tract, the following three (3) calls: 1. N. 25° 22'02" W., 50.33 feet, to a 1/2" iron rod with cap stamped "M&A" set for the northwest comer of this easement; 2. N. 68- 49' 28" E., 10.03 feet, to a 1/2" 'von rod with cap stamped "M&A" set for the northeast comer of this easement; 3. S. 25- 22'02- E., 50.32 feet, to the POINT OF BEGINNING and containing 0.012 acres of land. The bearings for the above description are based on the Texas Plane Coordinate System, Central Zone, NAD 83 (CORS 96), per Leica Texas SmartNet GPS observations. See accompanying drawing STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Rex D. Haas, Registered Professional Land Surveyor, do hereby cenify that COUNTY OF BELL I did cause to be surveyed on the ground the above described (met and that this description is time and correct to the best of my knowledge and belief. Survey completed on the ground August 19,2014. IN WITNESS THEREOF, my hand and seal this the 10th ilay /fooffNovember, 2014. e t`3. Naas Registered Professional Land Surveyor, No. 4378 S9Survcys%14-230 D -V (3181092 Oncor Round Rock-20I5NRRK02)%urvey\Field NoteslOncor FM 3406 Roundrock 0.012 Ac.doc EXHIBIT a "A„ ONCOR ELECTRIC DELIVERY 30 FEET WIDE UTILITY EASEMENT FM 3406, CITY OF ROUND ROCK FIELD NOTES for a 30 feet wide utility easement in Williamson County, Texas, being part of the David Curry Survey, Abstract No. 130, and the easement herein described being part of a called 226.03 acre tract conveyed to the City of Round Rock, of record in Document #2009008135, Official Public Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with cap stamped "M&A" set on the east right -of --way line of Wyoming Springs Drive and the most westerly line of said 226.03 acre tract, for the northerly southwest comer of this easement, whence a 12" iron rod with cap stamped `R3 SURVEYING" found at the most westerly southwest comer of said 226.03 acre net, same being the northwest comer of a called 0.54 acre tract conveyed to Behrens Ranch Master Association, of word in Document #2005048590, Official Public Records of Williamson County, Texas, bears S. 15" 48' 38" W., 64.14 feet; THENCE N. IS- 48' 38" E., 30.00 feet, with the west line of said 226.03 acre tract and the east right-of-way line of said Wyoming Springs Drive, to a 12" iron rad with cap stamped "M&A" set for the northwest comer of this easement; THENCE over and across said 226.03 acre tract, the following four (4) calls: I. S. 73° 42' 21" E., 57.41 feet, to a 1/2" iron rod with cap stamped "M&A" set for an angle comer of this easement; 2. S. 03e 20' 30" E., 70.66 feet, to a 12" iron rod with cap stamped "M&A" set for an angle comer of this easement 3. S. 59- 14' 07" E., 147.62 feet, to a 12" iron rod with cap stamped "M&A" set for an angle comer of this easement 4. S. 15" 47' 52" W.,149.78 feet to a 1/2" iron rod with cap stamped "M&A" set on the north right-of-way line of F.M. Highway 3406 and the south line of said 226.03 acre tract for the southeast comer of this easement; THENCE N. 69° 21' 41" W., 30.11 feet, with the north right -of -may line of said FM 3406 and the south line of said 226.03 acre tract, to a 1/2" iron rod with cap stamped "M&A" set for the southerly southwest comer of this easement; THENCE over and across said 226.03 acre tract, the following four (4) calls: 1. N. lye 47' 52" E., 124.20 feet, to a 12" iron rod with cap stamped "M&A" set for an interior comer of this easement; 2. N. 59" 14' 07" W., 140.50 feet, to a 12" iron rod with cap stamped "M&A" set for an angle coma of this easement; 3. N. 03° 20' 30" W., 65.43 feet, to a 12" iron rod with cap stamped "M&A" set for an interior comer of this easement; 4. N. 73° 42' 21" NY., 36.01 feet, to the POINT OF BEGINNING and containing 0.273 acres of land. The bearings for the above description are based on the Texas Plane Coordinate System, Central Zone, NAD 83 (CORS 96), per Leica Texas SmumNet GPS observations. See accompanying drawing. STATE OF TEXAS COUNTY OF BELL KNOW ALL MEN BY THESE PRESENTS, that 1, Rex D. Haas, Registered Professional Land Surveyor, do hereby certify that I did cause to be surveyed on the ground the above described tract and that this description is true and correct to the best of my knowledge and belief. Survey completed on the ground August 19,2014. IN WITNESS THEREOF, my hand and seal this the 10th ay of November, 2014. / Azo Registered Professional Land Surveyor, No. 4378 oxcav-wAXo as�suR�crsLle-zso-o-v plslon oxcaa souxo aocA-misnaaAmpowcVOxcoR EMR11 aEwssP (aouxo vocX).wR. nez/)•ns rr GMITCHELL & ASSOCIATES, INC. ENGINEERING & SURVEYING 102 N. COLLEGE ST., KILLEEN, TEXAS (254) 634-5541 T. B. P. L. S. FIRM REGISTRATION NO. 100204-00 EXHIBIT A SHEET 1 OF 1 SCALE: 1"=30' LINE TABLE UNE BEARING LENGTH Li ............. 10.03 L2 N25'22'02'W 50.33' L3 NGW49'28'E 10.03' L4 S25'22'02'E 50.32' CITY OF ROUND ROCK -CALLED 226.03 ACRES - (DOCUMENT# 2009008135) L3 I I Haus: (1) ALL BEARINGS ARE BASED UPON THE TEXAS STATE PLANE COCROWATE SYSTE)A, NAD 83 (CORS 96). TEXAS CENTRAL ZONE AS PER LEICA TEXAS SMARTNET GPS OBSERVATIONS ALL DISTANCES ARE SURFACE DISTANCE COMBINED SCALE FACTOR�1.0001107. (2)0 CORNERS ARE i/2. R W/ MBA CAP SET UNLESS OTHM NSE NOTED. GRAVEL HIKE & BIKE TRAIL N68*45'42"E 1/2' IR MD. 210.96' (TIE) F.M. 3406 (OLD SETTLERS BLVD.) ** SEE FIELD NOTES ** BEING A 0.012 ACRE EASEMENT OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, ROUND ROCK, WILLIAMSON COUNTY, TEXAS ONCOR ELECTRIC DELIVERY COMPANY, L.L.0 PROJECT W.R. NO.: 3181092 PROJECT DESCRIPTION: ROUND ROCK-2015NRRK02 30' UTILITY EASEMENT FOR OVERHEAD ELECTRIC 5 Rxmn-wAro <s�mRvl LINE UII` CITY OF ROUND ROCK L5 0y 57.41' 102 N N69'21'41'W 30.11' o O, (D(XCUMENT# 2009008135) "'I w LB I 30.00' I wwl m v� M b n Y p, SMI a M I iy I L5 I.-xso-o-v (slelovx ..R x... Roc.-x015NRR.0]),o .COR 61x011 I.. poaxo .4.A nex/I.-u Fm HELL & ASSOCIATES, INC. ENGINEERING & SURVEYING COLLEGE ST., KILLEEN, TEXAS (254) 634-5541 T. B. P. L. S. FIRM REGISTRATION NO. 100204-00 NOTES, ALL SEMINBS ARE BASED UPON ME AS STATE PLANE COORORIATE SYSTEM. NAD 0 (CORS 96), TEKA5 CENTRAL ZONE AS PER LEICA iE%AS SMARTNET CPS OBSERVATIONS. ALL DISTANCES ME SURFACE DISTANCE. COMBINED SCNE FACTCF�1.0001107. (2) 0 -CORNERS ME 1/2- IR W/ M&A CAP SET UNLESS OTHERWISE NOTED. N15'47 1 11 ----_-__-____ ** SEE FIELD NOTES ** BEING A 0.273 ACRE EASEMENT OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, ROUND ROCK, WILLIAMSON COUNTY, TEXAS ONCOR ELECTRIC DELIVERY COMPANY, L.L.0 PROJECT W.R. NO.: 3181092 PROJECT DESCRIPTION: ROUND ROCK-2015NRRK02 30' UTILITY EASEMENT FOR OVERHEAD ELECTRIC EXHIBIT B SHEET 1 OF 1 SCALE: =60' LINE TABLE LINE BEARING CITY OF ROUND ROCK L5 S73'42'21'E 57.41' -CALLED 226.03 ACRES - N69'21'41'W 30.11' o O, (D(XCUMENT# 2009008135) "'I w LB L7 30.00' S59.14,07„E_1 47 62' 8' 14.07"W .� • 140._50• I RDwwS p53 I1 STCARANC. AAV w CALLED .51 ACRE- I I I (OCQIxENi) xDx50.8390) ?� I 1��^ "/ }lp R _ N15'47 1 11 ----_-__-____ ** SEE FIELD NOTES ** BEING A 0.273 ACRE EASEMENT OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, ROUND ROCK, WILLIAMSON COUNTY, TEXAS ONCOR ELECTRIC DELIVERY COMPANY, L.L.0 PROJECT W.R. NO.: 3181092 PROJECT DESCRIPTION: ROUND ROCK-2015NRRK02 30' UTILITY EASEMENT FOR OVERHEAD ELECTRIC EXHIBIT B SHEET 1 OF 1 SCALE: =60' LINE TABLE LINE BEARING LENGTH L5 S73'42'21'E 57.41' L6 N69'21'41'W 30.11' L7 N7342'21'W 36.01' LB N1548'38'E 30.00' F.M. 3406 (OLD SETTLERS BLVD)