CM-2023-084 - 4/28/2023PT #: 2023-2107
District: KRT
WO #:20401012
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 home rule municipality, 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
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
G an ee.
12U23 -Ur 1
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.
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, 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 Z46LA day of , 2023.
STATE OF
COUNTY OF
W 11(46ty-1 s
City of Round Rock, Texas,
a home rule municipality
By: Aff
Laurie Hadley, City NUnager
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 he/she executed the same as the act and deed of City of Round
Rock, Texas, a home rule municipality, as City Manager thereof, for the purposes and
consideration therein expressed, in the capacity therein stated and that he/she is authorized to
do so.
GIVPKL UNDF.R MY HAND AND SEAL OF OFFICE this day of
A.D. 2023.
# MONEQUEADJIMS Notary Public irtAnd for the State of Texas
My Notary W # IM67913
EVkw Maroh 22, 2=
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' % Agenda Item Summary
Agenda Number:
Title: Consider executing an Easement a^d Right of Way Agreement between the City
of Round Rock and Oncor Electric Delivery Company for the Kalahari Waterpark
Expansion Project,
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/28/2023
Dept Director: Brad Wiseman, Director of P anning and Development Services
Cost: $0.00
Indexes:
Attachments: LAF - Oncor Easement for Kalahari Waterpark Expansion Project 04 20 23, Oncor
Easement for Kalaharl Waterpark Expansion
Department: Panning and Development Services Department
Text of Legislative File CM-2023-084
Kalahari is currently expanding their outdoor waterpark and needs additional electric infrastructure from
Oncor outside the bounds of the existing easement. This new easement will grant Oncor the ability to
install and maintain new infrastructure in an area measuring approximately 27 feet by 90 feet, connecting
to the existing easement that was granted in 2019. Although the beneficiary is Oncor and the developer is
Kalahari, the city owns the property and is the party responsible for granting the easement.
City of Round Rock Page 1 of 1