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CM-2021-255 - 10/1/2021ELECTRONICALLY RECORDED 2021153231 Williamson County, Texas Total Pages: 7 PT #: 2021-3206 District: KRT/RRK WR #: 3557486 ER # EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That City of Round Rock, Texas, a municipal corporation situated in Williamson County, Texas, 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 Grantors 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 fight -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 contour of the land or impound water within the easement area as described above without prior written consent of Grantee. �2o2r—z5� 2021163231 Page 2 of 7 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. Grantor recognizes that there is no deed in the real property records of Williamson County, Texas that provides clear title to Grantor. However, Grantor convents and warrants that it is the owner of the property to which this easement attaches and has been for an extended period of time. If for any reason Grantor's ownership of the property is challenged, Grantor agrees that it will cure any and all title defects to this easement in favor of Grantee solely at Grantor's expense, including, but not limited to, any attorney's fees, court costs, tines, or penalties charged against Grantee. Further, if it is determined that Grantor does not own the property for any reason, Grantor agrees to pay to remove Grantee's facilities solely at Grantor's expense. Likewise, if Grantee's facilities ever need to be relocated because Grantor's ownership is challenged or it is determined Grantor is not the owner of the property, Grantor shall be responsible to pay all relocation costs. 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; 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 theme or any part thereof. EXECUTED this day of %� _, 2021. City of Round Rock, Texas, a municipal corporation situated in Williamson County, Texas sy { ZY Title: 2021163231 Page 3 of T STATE OF § COUNTY OF § BEFORE ME the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing hWrument and acknowledged to me that he/she executed the same as the act and deed of City of Roun k, Texas. a municipal corporation situated In Williamson County, Texas, as the thereof, for the purposes and consideration therein expressed, i capacity th6fein stated and that he/she is authorized to do so. * GIVEN UNDER MY HAND AND SEAL OF OFFICE this _._...._.. _.,_ , A.D. 2021. /jf day of otary Publi i and for the State o Texas 2021153231 Page 4 of 7 Pagel of2 06-17-21 County: Williamson Parcel: Oncor Electric Delivery Company LLC Easement Project: Memorial Park EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 0.209 ACRE (9,084 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND TO CITY OF ROUND ROCK (RECORDATION NOT FOUND), SAID D.209 ACRE (9,084 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated corner in the interior of said City of Round Rock tract, (Grid Coordinates determined as N=10,159,945.02 E=3,130,297.60), and from which a 112' iron rod with plastic cap marked'BAKER-AICKLEN" found, being a point of curvature in the southeasterly boundary line of Lot 5, Block A, of the Amended Plat of Summit Plaza, a subdivision recorded in Cabinet G, Slide 82, of the Plat Records of Williamson County, Texas, same being in the existing westerly right-of-way, (ROW) line of Summit Plaza (variable width ROW) bears N 47.05'06' E. at a distance of 382.51 feet; THENCE, with said proposed easement line, through the interior of said City of Round Rock tract, the following nine (9) courses: 1) S 50*26'55" E for a distance of 275.32 feet to a calculated ell comer'. 2) S 31033'04" W for a distance of 20.00 feet to a calculated ell comer, and from which the calculated northeasterly comer of Lot 12, Block 43, of The Original Townsile of Round Rock, a subdivision recorded in Cabinet A, Slides 190-191 of the Deed Records of Williamson County, Texas bears S 81'48'57" E, at a distance of 82.29: 3) N 58'26'56" W for a distance of 262.25 feet to a calculated ell corner; 4) S 23.02'35" W for a distance of 129.66 feet to a calculated ell corner and from which the calculated northeasterly corner of that tract of land described In a Deed to Mary F. Carothers recorded in Volume 510, Page 86 of the Deed Records of Williamson County, Texas also being in the westerly ROW line of Lee Street (variable width ROW} bears S 36'01 `08" E. at a distance of 91.65 feel; 5) N 66'67'25" W for a distance of 20.00 feet to a calculated ell comer; 6) N 23'02'35" E for a distance of 129.63 feet to a calculated ell comer; 7) N 75'04'40" W for a distance of 38.47 feel to a calculated ell corner; 8) N 14065'20" E for a distance of 20.00 feet to a calculated ell corner; 9) S 75'04'40" E for a distance of 51.46 feet to the POINT OF BEGINNING, containing 0.209 acres (9,084 square feel) of land, more or less. This property description is accompanied by a separate parcel plat. Alt bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct 10 the best of my knowledge and belief and that the properly described herein was determined by a survey made on the ground under my direct supervision. WITNESS M,"IAND,AND SEAT M Round gock,Niliamson County, Texas. M. Stejfhdn Truesdale IF Date �l a7 j� '41.0 Registered Professional Land Surveyor No. 4933 .......... •YN.IM Y..MMM• M. STEFHEN IIIIIES0111£ Licensed Slate Land Surveyor «............................. Inland Geodellcs, LLC Firm Registration No:100591-00 1504 Chisholm Trail Road, Suite 103 } 9 49" P t� F�•.,v`resb,04Z.0 Round Bock. TX 78681 �b SUA`�� `��> f S.\-CORR-PROJECTSWARKS-RECIMEMORTAL-PARKIPARCEL%CORR•PARKS•REC-MEMORIAL-PARK-ESMT,doO EXHIBIT "A" PLAT TO ACCOMP LEGEND fl IRON ROD WITH 'BAKER-AICKLEN" CAP FOUND • 1/2" IRON ROD FOUND UNLESS NOTED CALCULATED POINT e PROPERTY LINE P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING NO. DIRECTION DISTANCE LI S31033'04"W 20.00' L2 361.48'57'E 02.29, L3 S3500I'084E 91.65, L4 N66.57'25"W 20.00, LS N75°04'40'W 38.47' L6 N14°55'20"E 1 20.00* LT S75004'40"E 51.46' 2021153231 Page 5 of 7 AMENDED PLAT OF SUMMIT PLAZA CAB. G. SLDS. 82 tit P.R.W.C.T. LOT 5. BLOCK A o. CITY OF ROUND ROCK RECORDATION NOT FOUND) of � P.O.B. ~� �7 GRID COORDINATES: ELECTRIC HAD.159.945.02E:a,13a,x97.Go!VONCONOR ERY COMPANY LL �. L$ M�to A 4( v c-n C q� 5 A 6STR4Cr Nr 09$f-r I1) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 133, CENTRAL ZONE. MARY F.CAROTHERS VOL. 510. PG. 06 MR.W.C.T. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PpqPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY 81 0 TjH GROUNDY IFS $UPERYISe M. STEPHEN TRUESOALE V DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5050 INLAND GEODE4$CS. LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD. SUITE 103 �; INLANDo { GEODEYICS J PROFESSIONAL LAND SUI[V[Y0A3 d 15G4 CHISHOLM TRAIL RD. STE. 103 N ROUND ROCK. TX. 78681 PH. 011)2T11-1100,FA> (512)235-1231 SCALE FIRM SECOUTION N0.106591 •GO I" =100' LLC EASEMENT �0.209 AC. 9,084 SO. FT. g ry�e3• � LDS ` ♦ S� L r r �f 1 THE ORIGINAL° p r TOWNSITE OF ROUND ROCK f CAB. A, SLIDES 190-191 P.R.W.C.T. 0 t s {f) LOT 12. 1 < r{ BLOCK 43 1p• J J 4933 FS81 PARCEL PLAT SHOWING PROPERTY OF CITY OF ROUND ROCK (RECORDATION NOT FOUND) 09-17--2021 ONCOR ELECTRIC DELIVERY COMPAN LLC EASEMENT PROJECT UJUMIT MEMORIAL PARK WILLIAMSON PAGE 2 OF 2 ,„PA..,.,_,,., i 1 ,A-?'IWK\PPBC-fIN#'I)H --p,.-. -,. ._....._-.._......,-. ..-I".',, ONC�R September 8, 2021 Oncor Electric Delivery Lauren Simpson 350 Texas Ave Round Rock, TX 78664 Office (512) 244.5619 Cell: (512) 592.8334 RE: Easement for City of Round Rock Memorial Park — 601 N Lee St., Round Rock 78664 2021153231 Page 6 of 7 WR Number: 3557486 Enclosed please find executable copies of the Easement and Exhibit "A" with Oncor Electric Company LLC, a Delaware limited liability company. Please sign this cover letter, via DocuSign, indicating your r gi t of the casement documents and understanding of the requirements for a correctly executed easement. Please follow the directions below for executing the documents. 1. Please !print out the document so that each page is on separate pages (no front and baelcl. 2. Sign the document in front of a Notary Public Official in BLUE ink, along with initialing Exhibit "A" in the bottom ri ht c rn r as indicated. 3. Return the executed original documents back to me at the address below as soon as possible, as to avoid any delay. Oncor Electric (Delivery ATTN: Lauren Simpson. 350 Texas Avenue Round Rock, Texas 78664 If any additional information is required, please feel free to contact me. Sincerely, 000wgn" by: eiesioe rrca.s5 Lauren Simpson Project Manager I Utility Designer Oncor I Project Management & Design Services Please sign below indicating that you understand the requirements for an acceptable executed easement with Oncor Electric Company, a Delaware limited liability company Katie Baker Name: Title: Signature: Date: 2021153231 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021153231 Pages:7 Fee; $50.00 101IM2021 12.00 PM MBARRICK Nancy E. Rister, County Clerk Williamson County,Texas City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Easement and Right of Way Agreement with Oncor Electric Delivery Company for the Memorial Park Project, Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/1/2021 Dept Director: Rick Atkins Cost: Indexes: Attachments: LAF - Oncor Easement for Memorial Park (09 15 21) (00481651xA081'8), WR 3557486 CORR Memorial Park Easement Doc Department: Parks & Recreation Text of Legislative File CM-2021-2SS This item allows Oncor to relocate power lines that run in Memorial Park associated with Heritage Trail West. The existing power lines are in conflict with the Memorial Park and Heritage Trail improvements and need to be relocated. In order to relocate the lines, a new easement was required. The Heritage Trail project includes a 10' wide trail detailing the history of Round Rock as a timeline. The project spans from Bathing Beach at Chisholm Trail Road to Mays St and include improvements at Bathing Beach Park, Chisholm Trail Crossing Park, and Memorial Park. The programmatic elements of the project will include historical elements, educational elements, arts & cultural elements, general park elements and elements that encourage community events and development revitalization along the corridor. Cost: N/A Source of Funds: N/A City of Round Rock Page 1 of 1