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CM-2022-053 - 3/11/2022ELECTRONICALLY RECORDED 2022031697 Williamson County, Texas Total Pages: 8 PT #: 2021-3206 District: KRT/RRK WR #: 355748e 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 Lt_C, 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 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 described above, 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 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. am-ot- --:5 1-,) - OS3 2022031697 Page 2 of 8 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, fines, 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. Grantor represents and warrants that it does not meet any of the ownership, control, or headquarters criteria listed in Lone Star Infrastructure Protection Act, Chapter 113 of the Texas Business & Commerce Code, as added by Act of June 16, 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116) (relating to China, Iran, North Korea, Russia, and any other country designated by the Texas governor as a threat to critical infrastructure). 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 the same or any part thereof. 2022031697 Page 3 of 8 EXECUTED this day of +' ` , 2022. City of Round Rock, Texas, a municipal corporation situated in Williamson County, Texas /f I i �►1 1 � I il_:�� STATE OF § COUNTY OF lC I BEFORE ME. th undersigned authority, on this day personally appeared &ook:i _ --, 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 as the act and deed of City of Round Rock, Tunicivial corporation situated in Williamson County, Texas, as the S'. i `• thereof, for the purposes and consideration therein expressed, in the capaci thye—r-6iE stated and that he/she is authorized to do so. GIVEN U Y AND AND SEAL OF OFFICE this day of , A.D. 2022. Notary Public in MW for the State o exas 2022031697 Page 4 of 8 Page 1 of 2 REV: 01-11-22 County: Williamson Parcel. Oncor Electric Delivery Company LLC Easement Project: Memorial Park EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 0.213 ACRE (9,278 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 0.213 ACRE (9,278 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=10,159,944.78 E=3,130,298.50), 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) Ik* of Summit Plaza (variable width ROW) bears N 48'68'01' E, at a distance of 382.02 foal; THENCE, with said proposed easement line, through the interior of said City of Round Rock tract, the following eleven (11) courses; 1) 8 48.11'11" E for a distance of 171.48 feet to a calculated all corner; 2) S 94.46146" E for a distance of 108.89 feet to a calculated ell comer; 3) 8 06.14114" W for a distance of 20.00 feel to a calculated ell corner, and from which the calculated northeasterly comer of Lot 12, Block 43, of The Original Townshe of Round Rock, a subdivision recorded in Cabinet A, Slidas 190491 of the Deed Records of Williamson County, Texas bears S 68"03'51' E. at a distance of 76.09; 4) N W46146" W for a distance of 115.20 feet to a calculated ell corner; 5) N 48.11'11" W for a distance of 161,74 feet to a calculated e0 comer, 6) S 23'02'35" W for a distance of 127.20 feet to a calculated ell corner and from which the calculated northeasterly comer 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 35.01'08' E. at a distance of 91.65 feet; 7) N 66067125" W for a distance of 20.00 feet to a calculated ell comer; 8) N 23.02'36" E for a distance of 129.63 feet to a calculated ell comer; 9) N 76.04140" W for a distance of 38.47 feet to a calculated ell corner, 10) N 14.85'20" E for a distance of 20.00 feel to a calculated ell comer, 11) S 75.04140" E for a distance of 62.39 feet to the POINT OF BEGINNING, containing 0.213 acres (9,278 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All 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 I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described heroin was determined by a survey made on the ground under my direct supervision. WITNNE/S? MY ND D SEAr!4"4 atand Rock, mson County, Texas. / ►�/ . iLJ�1 Registered Professional Land Surveyor No. 4933 Licensed Slate Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 OF Date .•',srF••ti• A...................••W i(�M STEPtiENTRUErS[ ��% 9 4933 �i%'.�._F8 S:1 CORR-PROJECTSWPARKS•RECWEMORIAL-PARKWARCELICORR-PARK$-RECGMEMOR&AL-PARK-ESMT•REV.00c 2022031697 Page 5 of 8 T LEGEND Q IRON ROD WITH "BAKER-AICKLEN" CAP FOUND • 1/2" IRON ROD FOUND UNLESS NOTED CALCULATED POINT Q 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 S0541414OW 20.00, L2 366.03151"E 76.09' L3 N66.57'25"W 20.00, L4 N75004'40"W 30.47' L5 NT4055'200E 20.00' L6 9780 4'400E 52.39' L7 S35.01-08-E 91.65' -W,ILEY HAR.),gy BUR VEY �1 Fiu 7"R�1 CT" //a 298 1) ALL BEARINGS SHOWN HEREON ARE BASED ON VIE TEXAS STATE PLANE COORDINATE SYSTEM, MAD 83. CENTRAL ZONE, EXHIBIT "A" .urwrHry r uca�rcrr r rvry AMENDED PLAT OF SUMMIT PLAZA CAB. G. SLDS. III y1 P.R.W.C.T. LOT 5, BLOCK A ,�� CITY OF ROUND ROCK MEMORIAL PARK (RECORDATION NOT FOUND) P.O.B. GRID COORDINATES: p N:10,159,944.7e E:3,130,298.50 pE a lkru �O 2 M t 0 MARY F. CAROTHERS !� m VOL. 510. PO. 66 D.R.W.C.T. x G m .yi 2) TFp5 SURVEY was PERFORMED WITHOUT BENEFIT OF A TITLE .� A STRACT. THERE WAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. — I HEREBY CERTIFY THAT THIS PLAT 13 TRUE AND CORRECT AND THAT THE P PERTY SHOWN HEREON WAS DETE MINER BY A S�M 0(R DER E SUPER)IS�N./�_ ? M. S P N T UESOALE DATE RE013TERED PROFESSIONAL LAND SURVEYOR NO, 5030 INLAND GEOOETICS. LLC FIRM RESISTRATIIGN NO. 100591-00 1304 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK. TFYAS 76fl91 MOOR ELECTRIC LIVERY COMPANY LLC EASEMENT 0.213 A C. 9,278 SO. FT. , 115.20 r J � 1 THE ORIGINAL TOWNSITE OF ROUND ROCK CAB. A. SLIDES 190-191 P.R.W.C.T. LOT 12, BLOCK 43 REV: 01-11-2022 PARCEL PLAT SHOWING PROPERTY OF I N L A N D u CITY OF ROUND ROCK c Eo D Er1 CS 'i }} MU)MSMNAL LAND SURVWORS 1504 CHISHOLM TRAIL M. STE. 107 RECORDATION NOT FOUND) oNCOR ELECTRIC ROUND ROCK, TX. 7OU I ["=400' PROJECT MEMORIAL PARK COUNTY WILLIAMSON 10101212T1-1200.FA11612121a 1251SCALE ELL frIMIGGIsntA11KK1lNNNNbO lom o0 PAGE 2 OF 2 \rnurt i+Rnerr rs\vAarst RFr\raKunuw-oeRw\aePrFb\rnRa Penxc a► 10ulla,al-n►aK_rcu7-acvn,..., 2022031607 Page 6 of 8 Deed Report Tue Jan 11 16:19:03 2022 Deed Name: PROPOSED-EASEMENT-CORK-MEMORIAL-PARK-DESC CLOSURE Starting Coordinates: Northing 10159781.94, Easting 3131883.93 Bearing S 48'11'11" E S 84°45'46" E S 05*14114" W N 84045'46" W N 48011'11" W S 23002'35" W N 66°57'25" W N 23002'35" E N 75004'40" W N 14055'20" E S 75004'40" E Distance Type 171.48 LIME 108.59 LINE 20.00 LINE 115.20 LINE 161.74 LINE 121.20 LINE 20.00 LINE 129.63 LINE 38.47 LINE 20.00 LINE 52.39 LINE Radius Arc Len Delta Tangent Description Ending Coordinates: Northing 10159781.94, Easting 3131883.92 Area: 9278.00 S.F., 0.2130 Acres Total Perimeter Distance> 964.70 Closure Error Distance> 0.0016 Error Bearing> N 35049126" E Closure Precision> 1 in 596223.8 Page 1 of 1 2022031697 Page 7 of 8 Deed Report Tue Jan 11 14:49:24 2022 Deed Name: PROPOSED-EASEMENT-CORR-MEMORIAL-PARK-SKETCH CLOSURE Starting Coordinates: Northing 10159771.94, Easting 3132662.16 Bearing S 48011'11" E S 84*45146" E S 05*14114" W N 84045146" W N 48*11111" W S 23*02135" W N 66057125" W N 23*02135" E N 75004140" W N 14*55120" E S 75004140" E Distance Type 171.48 LINE 108.59 LINE 20.00 LINE 115.20 LINE 161.74 LINE 127.20 LINE 20.00 LINE 129.63 LINE 38.47 LINE 20.00 LINE 52.39 LINE Radius Arc Len Delta Tangent Description Ending Coordinates: Northing 10159771.94, Easting 3132662.16 Area: 9278.00 S.F., 0.2130 Acres Total Perimeter Distance> 964.70 Closure Error Di.stance> 0.0016 Error Bearing> N 35*49124" E Closure Preci.sion> 1 in 596227.6 Page 1 of 1 2022031697 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022031697 Pages:8 Fee: $54.00 03/14i2022 08:06 AM MBARRICK Nancy E. Rister, County Clerk Williamson County,Texas ROUND ROCK TAS EX City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Easement and Right of Way Agreement with Oncor Delivery Company, LLC at Memorial Park. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/11/2022 Dept Director: Rick Atkins, Director Cost: $0.00 Indexes: Attachments: WR_3557486_CORR_Memorial—Park_-_Easement_Doc, LAF - Easement and ROW Agreement with Oncor - Memorial Park Project (02 10 22) 4891-4968-9869 v.1, Easement Oncor Memorial Park Department: Parks & Recreation Text of Legislative File CM-2022-OS3 This item provides Oncor with an easement needed 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. 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. City of Round Rock Page I of I