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CM-2021-298 - 11/12/2021FILED AND RECORDED OFFICIAL PUBLIC RECORDS " ►►r-.: Dana DeBeauvoir, County Clerk Travis County. Texas Nov 15. 2021 04:01 PM Fee: $ 62.00 2021252378 *Electron cally Recorded* This page is intentionally added for electronic file stamp. 2021262378 Page 2 of 10 Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 1 of 5 POSSESSION AND USE AGREEMENT FOR ELECTRICAL FACILITY IMPROVEMENTS STATE OF TEXAS § § Parcel No.: 77 COUNTY OF TRAVIS § Project: BCRUA This Possession and Use Agreement for electrical facility improvements (the -Agreement") between CITY OF ROUND ROCK, TEXAS ("Grantee"), and MARK L. ETHERIDGE (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to electrical facilities and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a part of this Agreement by reference (the "Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing electric distribution lines, utility adjustments and all related appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Projects. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Projects, This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property only. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee agrees to postpone the special commissioners hearing currently set for August 23, 2021 until November 3, 2021. The Grantor agrees that this agreement represents adequate and full consideration for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon recording of this executed document in the real property records, subject to the conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 0% of the Grantee's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the Grantee's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas, and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. 2021262378 Page 3 of 10 Form ROW N-PUA 912112) Repiaoes Form ROW-N-7 Pape 2 of 5 3, The effective date of this Agreement will be the date on which the final party executes the document. (the "Effective Date"). 4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered T-124642 effective January 28, 2021 by Title Resources Guaranty Company, and that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property, and further agrees to indemnify the Grantee from all unreleased or undisclosed liens, claims, or encumbrances affecting the Property. S. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes, will be November 3, 2021. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award, Payment of any interest may be deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas, and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. 2021262378 Page 4 of 10 Force ROW-N-PUA (12112) Reptaces Form ROW-N-7 Page 3 of 5 Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon, and thereunder. 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property until the Effective Date, including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by negotiation, settlement, or final court judgment. 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest, and assigns of the parties. 13. It is agreed the Grantee will record this document. 14.Other conditions: NIA IS. By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein: Tenants: At no time during the possession of the Progerty by Grantee for the u oses described herein shall Grantor be denied reasonable access andlgr ingress to or egress from the remainder of Grantor's land for its current uses without prior advance agreement between Grantor and Grantee. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages follow) GRANTOR: Mark L. Ether' By:- Name:__ Its: ACKNOWLEDGMENT STATE OF :eXCk5 COUNTY OF jN;)l-%Ltn Jon Form ROW-N-PUA (12112) Reos6m form ROW-N-7 page 4 of 5 This instrument was acknowledged before me on this the 1�: day of QCf12fjr . 2021 by in the capacity and for the purposes and consideration recited herein. eeeeaeeeo� UNOA. ANTE Notvy Mk 5bte of TM My Cam tq. 07.2&2M ID kL WZ3793.2 otary Public. 'tale of WW-5 Printed Name: Uno t—kW K r My Commission Expires. p '4 - 9-4--4OXS 2021262378 Page 6 of 10 GRANTEE: CITY OF ROUND ROCK, TEXAS :yv.)) ty 1,, vz / (4 ei /Iv 2 Name:)Dn'q 4 Its: ACKNOWLEDGMENT STATE OF TEXAS Form ROW-N•PVA (12112) Replaces Form ROW-N-7 Page 5 of 5 COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the L day of n10 V h'1IQ,,� k—,2021 by j-1 b, )I ((rC(,in the capacity and for the purposes and consideration recited here ��1\�1111 111 111111 / JJ U E AQ,��s Q,Y P(/8��c C, _ •• 0FI '��i •• �'0'126251SS*• ' IL r Notary Public •fit a of Texas Printed Name: hVI L11 {C AP-N-S My Commission Expires �/2 2- /2 Z 2021262378 Page 7 of 10 BCRUA 077 MARK L. ETHERIDGE (EiIF4(��,��rveyorstners 804 Las Gimps Pkwy., Suite 150 Austin, Texas 78746 0.165 ACRE ELECTRIC EASEMENT; EXHIBIT "A" LOCATED IN THE S. HAYFORD SURVEY, ABSTRACT 2246, THE G.W. DRAPER SURVEY, ABSTRACT 229 AND THE R. BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 0.165 ACRE STRIP OF LAND LOCATED IN THE S. HAYFORD SURVEY, ABSTRACT 2246, THE G.W. DRAPER SURVEY, ABSTRACT 229 AND THE R BLACKWELL SURVEY, ABSTRACT 83, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 49.820 ACRE TRACT DESCRIBED IN A DEED TO MARK L. ETHERIDGE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2003261029. OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P R.T.C.T.). SAID 0.165 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING. MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING A 1/2" IRON ROD WITH CAP STAMPED 'JACOBS PROP COR ` FOUND IN THE WEST MARGIN OF TRAILS END ROAD (80' WIDE), MARKING THE NORTHEAST CORNER OF SAID MARK L. ETHERIDGE 49.820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE SOUTHEAST CORNER OF A CALLED 50 51 ACRE TRACT DESCRIBED IN A DEED TO CARL SKILES AND SUSAN SKILES, OF RECORD UNDER T.0 C D. 2017165466 OF SAID O.P.R.T C.T. THENCE WITH THE WEST MARGIN OF TRAILS END ROAD, ALONG THE CAST LINE OF SAID 49 620 ACRE TRACT, THE FOLLOWING THREE CALLS: S 31"42'42" W — 621.13' TO A 516" IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT, AN ARC LENGTH OF 294.81', WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 995.25' AND A CHORD WHICH BEARS S 23'13'45" W — 293.73' TO A POINT AT THE END OF SAID CURVE, S 14'28'30" W — 59.87' TO A 112" IRON ROD WITH CAP STAMPED 'WALKER PARTNERS" SET FOR THE SOUTHEAST CORNER OF SAID 49 820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHEAST CORNER OF A CALLED 11.50 ACRE TRACT DESCRIBED IN A DEED TO LEROY S BERGERON AND BARBARA F_ BERGERON, OF RECORD IN VOLUME 13379, PAGE 4839 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R,P.R.T,C T.) THENCE N 67'27'15" W —4.46' WITH THE COMMON LINE BETWEEN SAID 49 820 ACRE TRACT AND SAID 11.50 ACRE TRACT TO A POINT ATTHE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112' ERON ROD MARKING THE NORTHWEST CORNER OF SAID 11.50 ACRE TRACT BEARS N 67'27'15' W — 1275.75". THENCE THROUGH THE INTERIOR OF SAID 49.820 ACRE TRACT THE FOLLOWING ELEVEN CALLS: 1) N 16'24'55" E—16.77' TO A POINT FOR ANGLE, 2) N 15'50'24" E—132.12' TO A POINT AT AN INTERIOR ELL CORNER, 3) N 67'09'41" W — 30.55' TO A POINT FOR CORNER, 4) N 22-50-19" E—10.00- TO A POINT FOR CORNER, 5) S 67-09-41" E—30.24' TO A POINT AT AN INTERIOR ELL CORNER, 6) N 25-34-21" E —102, 08' TO A POINT FOR ANGLE 7) N 25"36'52" E — I OT.07' TO A POINT FOR ANGLE, 8) N 31016'67" E—145.59' TO A POINT FOR ANGLE, 9) N 31'20'27" E—145.93' TO A POINT FOR ANGLE, 10) N 31'42'42" E—157.91' TO A POINT FOR ANGLE, 11) N 32'04'22" E—156.64' TO A POINT IN THE COMMON LINE BETWEEN SAID 50.51 ACRE TRACT AND SAID 49 820 ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 49.820 ACRE TRACT BEARS N 73'19'57' W-2726.63; www.WalkerPoitners.com TBPE Reglshaiion No. 8053 1 TBPLS Registro+ion No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\ 1 Survey\1.5 Final Copies\Field Noles\FN 77.docx 2021262378 Page 8 of 10 THENCE S 73.19'57" E - 9.33' WITH THE COMMON LINE BETWEFN SAID 50.51 ACRE TRACT AND SAID 49 820ACRE TRACT. RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0 165 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. SURVEYED: AUGUST 24, 2017 RELEASED: JANUARY 25, 2018 R IS D: AUGUST 23.2021 ( DUCED EASEMENT SIZE) WARREN L. SIMPSON, R.P.L.S. 4122 rrWA�RR�EN. PROJ NO.3-00619 NPLAT NO. All-1319 $10���4122 ��MAP FIELD NOTE NO.077122 CHECKED: 08/2012021-WLS J www.WalkerPoriners.com G:\Projec1s\3.005t9\3 Phase 2 Land Rights\1 Survey\I 5 Final Copies\Field Notes\FN-77.docx 2021252378 Page 9 of 10 UA M3LSt SI ,tL'FBZ ONE IgSC6Z+)171 it'IBL=i fl'9B6�N w [sztss•aY � ,81.8C.Di�•O Obr r 1-11 add wM1 'a31YM.1 aaYl7oe 111WA rOHWA a3►YM WO'3901a1-ul _ kil (i.YH:)al\'IY jmwd•l116361SDDi 11\1 V 'JAM AHISLAVIM 1dJWip'()NV+I F� ill'L awi uiLH'au hl')W i 'CIV fUBd 8�M- %IN L% Id IMY[ %IS ilk I) ve"001pi• -06%Szdaa tqm fFI•P Mapu -0'1 • ltODitCl141 ••wd N14 ��1 w�M sots �s Vfd �]��04 SJOAaAans saaaula6u sJ� )ulwd �a� Y owwiCeGt%Ol+,muwlmq 1yQ;id�lp@ljN3�tlilYAA 1 RIA tt � Y fis ! \ mulYisinN IM OIl$Qw kwx- 4ras mast.!, sY 8Y181 AWOO WAVU de'OD M«OciLl't S d0 SUa0013 O176Ad W101dd0 RRL d0 Woum'fau LRRKOOW S vro I11u= swu aaUa11 Qaooaa d0 asammu 11 xRTK QL U3$U Y N1 036=11RU iovu MY oust• 41'17YO Y 40 ROLWOd Y OMISR 6Ylil'umnoo SIAYai lu CS 30Ya1M IZAaIIB T1aAMV'16 'a 3Hi UNY 699 MAMMY ARAM 83M4 'AD MU VKC L7YaiS6Y 'ASAUs UaodivH 7 RUL ml GUTO(n um mmm O1v=2 Nam cal o v do ZISIH%$ M.Ev.91 "S �? 3A1b0 TWO _1 i e ^\ 6 3au3A Y.qY�/ aY' \ O(dkMY av 9NO7V19 A�YI . 6'� �+ 1N3Nf3Slf3 � OIlf10373 3aOd9se.•o 3M10 313Wk07 'i7i'a'Qo aols¢mo:'a•7ri s3uu:rras's'n Datm 35mliiN13'11faYlt If ., 4lk . ;� ? 4,0�4t��C\4 cl � 11 g IN S81YN101100 aliD N t M�i81,�1k OH1HN1038 AO 11410d SION O'l,l40 tSISSl11ti O'7'? 1 M" dm 9907YT. STUN 1S•tS 031WO ` 03d1ril2 dV3 k11M S37MS IWSr4 ONVS3MfB 1M IW*jlad OWN OW MW Zk "MA U:l.\a:1ti111S1.11')la kIF 1.11')1aAdU:)© 1 a17ld'a tW 39Yd'6lfEi 311filOA 43a7Y0fi 110317Y,1 ItOtl39a3S d11aN8WBakY kDa3'.p139'S AOa31 .Dr'► M .Sid dd8 N �[S Z�f 'M 4tSr! r2;sjpHI dL'DL 3.ff, rl Di N ON lanes *% uetnr] mil +n1137 YAaW M7, s7M)am WOliW IiOM in --ss•or M.crdo.�aN --�--.OD'O!• 3.6t4S.LL At �,rZ'OC 3.1b db.LD S 'SNd1YAa3560 n131SA5 akS01190d 14BOlOi70t1l03a11100'M 3NO2 N1ttN3;1'CtOYN YHISAS 3LYIpO1gp73NYk 31YIS SYYi! 3k! kOdlIa35Y9 3arx03a3kwlApks s31Ykn1aoao a+rsOkglv3e 3w1 'ko3a314kNoks 38Y IOYil1 193fBf143W1 173iiI AYfY i31kM :aW73a !U ION VD Oa073a eaa3k1131 s37kYat1+11Ylk3 a0 Sk01171a1s3a SIk31Y35Y3 m IYIU 331kYaYr>a ION c3ou ao,(3Aarls3aua3A3anli 103a3u03ss3aoark33e 3AYk lO W9AQIN33B SY)1 111 lYkl S1k3sY3SY3 1Mi1 S3d1ai7a0A3YUYIS 31LL 3a03303k1'la0ditl 31ll1 Y dOlil3r13B 3N111101i1VA4314aWa3d SYM A3A1111S Spil :9W11o3fSM1i 31LL I77N1SDY ION OIO a0A3Aa115 Sal '6Y%:l'11Mn03 SIRYa1 N'Et17Ya1tDY •Awmt ttrrrinne y aki akr to lawisaY•x;tAans 1174104 w1'o 3711'ttR lawuoY AeAant DaoiAYN t7lu q ai1Y7m 11311itY3 3wl3313 aa:IYwrO iD3a3HlaYd Y i0Y11'Olitlill aik7YLlY f310M alm! 3DS1N3n35Y30M1103a:uae'u Isnpmra3AA3a flog 'sz xavrw+ralYa 3cva7aa uaz alcnOm'aaAaAalls Uloksuo44r1s 3M77M17313 aY3ka3A0• —3- 3N73kOIW37310I31W3A0• —L— AW Ail',1• 31ad il3JfOd• ,�,/ Y kals3Uml= 310kaMWa3lYMi15YM+ Y3aY1k31Y3yY�+ SY%31'Alllfg7 S1AYtll srnlr>,3a ua3daad 7r3a • '1yrYd11 sWl'Alkno3svlYal SOa073a7178fW1N3iiO+ Ik3flfY700571a3D Alk11075NW1• 077'I sv%31'ukro7 slnralsm1073a033a= rOrlti•o 571100330+ I ) 103101135tMa3k:a ss37kN oknoi aoa goal • 0 asalaafus 'I Iavi[ rio vnlos 2021252378 Page 10 of 10 BCRUA 077 MARK L STHERIDGE LEGEND • • RON RODFOURD "LESS OT14ERME WTEDI 1 I •DEED CALLS DA.I.C.1. •DEED RECORDS TRAVIS COUNTY. TEXAS 7.C.CD. = TRAVIS COUNTY CLERKS DDCULAENI 0PRTCI =OFFICLLLPUBLICRECCRDS TRAMS COUNTY. TEXAS RP.RTC.T • REAL PROPERTYRECOMDS TRAVSCOUNTV.FEXAS CJ *EASEMENTAREA 0 •VUSIEYUTERMAK110LE = iRAFFG SIGN -POWER POLE r— •GUYWRE — T — - OVERHEAD TELEPHONE LINE — E — *OVERHEAD ELECTIOCLNE SURVEYORS NOTES SURVEYED: AUGUST 301017 RELEASE DATE: UNUARY2S.2010 REVtTEDAUDUSI 23. 202F REOUCEDEASEMENT S17E FIELONOTE S ATTACHER 116A. O. MAMA PART KMW AM ITTED: 0.155 ACRE ELECTRIC EMBILENT LOCAIED IN THE& NAYPORD SIRYEY AB57RACT 22L8. THE D.IV. DRAPER SURVEY, ABSTRACT 228AND THE R BLACKWELL SURVEY. ABSTRACT 43. N 7RAV37 COUNT(.IEXAS. THE SURVEYOR P.DNot ABSTRACT THE SLNLIECT TRACT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A IITLE REPONI. THEREFORE 1HE SURVEYOR CERTIFIES INAI EASEMENTS THAT HE HAS BEEN ADVISFDOF HAVE MEN ADDRESSED HEREON. HOWEVER. ME SURVEYOR DOES NOT GUARANTEE INAI All EASEMENTS. RESTRICTIONSOR ENCUMBRANCESLEtTHEROFRECORD OR NOT OF RECORD) "Wit MAY AFFECT THE SUBJECT TRACI ARE SHOWN HEREON THE BEARINGS AND ODOROINOES SHOWN HEREONAME SASEOUPON DIE TEXAS STATE PLANE COORDINATE SYSTEM. HAD 81 CENTRAL ZONE ACQUIRED FROM GLOBAL POSITMING SYSTEM OBSERVAT04. 10' RON PIPE FOUND CARL SNEES AND SUSAN SKRES CAL LED 505S TC.G.D.20171111718SIS8 O.P.R KIT vw A 8 87.09'41' E 30.24'-A 0 N22'50'19'E N07'0941' W 30.55'— 11T FmY RR nxm NAANNG N ri CORWA LIRO,' OIICFM CALLED 1110 ACRE WILT (NOS.3'. N 18'2435' E NBA I?kpq r8.7r YN�.7j7jr���7Js� r N87'2r15"W 4.48' LEROY S. SERGERON ANDBJIRSARAF BERGEROH CALLED 11 SOACRES VOLUME IODTB.PAGE 4835 RP,R.I.C.1 Q(A)I'YRT(AIT kU RE(:IITS KLSL'R1'LD MARK L ETHETDDGE CALLED UA20 ACRES f T9.CA.Z00328 M OP.R.T.C.T. cowntE DRIVE 0.166ACRE R ELECZIC; w EASEMENT ?�' BUILWNG Ax F AWNINGvow /gwbh� FENCE 5W IRON RODFOUND o O1 � w DaYB'68'T9' IR=00s25) Re896 25' LA,294.81' IC1I=mal CHD-293. 73' is 2S'ww Y¢ 1R' RON ROD FOUND WITH CAP STAMPED 'LAWBS PROP COW FIELD NOTE POINT OF BEGINNING GRID COORDINATES HAOLSN36M WD86228.87 S 73'Y9'S7• E 9.53' A f� GRAVEL �j DRIVE MUTER MAHHDLE 6�• VAULT w .'BOLLARD 24' WATER FLUSH PIPE A� ? A $23'1945' W EXHIBIT OF A 0165 ACAS ELECTRIC EASEMENT LOCATED IN THE S HAYFORD SURVEY, ABSTRACT 2246, THE GW. DEAFER SURVEY, ABSTRACT 229 AND THE R. BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TnAS, BEING A PORTION OF A CALLED 4SS20 ACRE TRACT DESCRIBED IN A DEED TO MARK L. rMRIDGR OF RECORD UNDER TRAVIS COUNTY CLERIVS DOCUMENT 20022010211 OF THE OFFICIAL PUBLIC RECORDS OF T S 14`2VJ0" W 59.8r TRAVIS COUNTY. TEXAS. is 18'2043' W 93n 1 1.aION FIwKT N7TUWS1AIIV®��� IYN,EA PAA1NE/ts`0 Frfi. ARREN L STRAPS. 4122 G; SfjR�►� rIARRENI SIMPSON APLS.4122 Nmgonawavi* Imsmm ker Partners engineers * surveyors amI-Cw.." a."150•Aw I.—w40 Fmm 15125120071. T.9PE 1YpoCa fe SM TOP1.9 Rp."WNG 10,M-7 it Sll LINO 3%I (1R11T'HI( S(.,U.E IN PREY 1'IA7 NIL 20 H PRU). \U, iAK16t'J ORAITH) 014 'I'Ail NA FIN NO, O_ I -Si L; 131,;R DR.,IZN BY ULN(, N2011- );&I; SFTT-PARCEL JRO!UND'RDCK 5 City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of a Possession and Use Agreement with Mark Etheridge for 0.155 acre electric easement parcel required for the BCRUA Phase 2 Raw Water Delivery project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/12/2021 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: Indexes: Attachments: ETHERIDGE(77)--Revised PUA (10.12.2021 owner signed), ETHERIDGE(77)- -Property Location Exhibits (11.2.21) Department: Utilities & Environmental Services Text of Legislative File CM-2021-298 This parcel is currently in an active condemnation suit. The electrical system design engineers are considering a modification to the required easement area, and the parties have agreed to postpone the date of a contested special commissioners hearing in order to allow for additional settlement negotiation based upon a modified easement area. A previous Possession and Use Agreement was approved and signed by the City in September 2021. However, Pedernales Electric requested additional revisions to the document which are contained in this revised version for current approval. City of Round Rock Page 1 of 1