R-01-02-08-9B4 - 2/8/2001I III/
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a �� 11 A CITY OF ROUND ROCK
111
Mayor
Robert A. Stluka, Jr.
Mayor Pro -tem
Earl M. Hairston
Council Members
Tom Nielson
Carrie Pitt
Earl Palmer
Isabel Callahan
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
February 28, 2001
Mr. Paul Elkins
TXU Electric Company
1601 Bryan Street
Dallas, Texas 75201-3411
Dear Mr. Elkins:
Sincerely,
anne Land,
Assistant City Manager/
City Secretary
Enclosures
Fax: 512- 218 -7097
1- 800 - 735-2989 TDD 1- 800-735 -2988 Voice
www.ci.round- rock.tx.us
221 Fast Main Street
Round Rock, Texas 78664
512 -218 -5400
The Round Rock City Council approved Resolution No. R- 01- 02- 08 -9B4 at their
regularly scheduled meeting on February 8, 2001. This resolution approves the
conveyance of a 15 -foot easement in Old Settlers Park at Palm Valley to TXU Electric
Company.
Per your request we have enclosed the original Easement and Right of Way document
and a copy of the resolution for your files. If you have any questions, please do not
hesitate to contact Sharon Prete at 218 -5540.
RESOLUTION NO. R- 01- 02- 08 -9B4
WHEREAS, the City desires to convey a fifteen foot wide
easement to TXU Electric Company in Old Settlers Park at Palm
Valley, and
WHEREAS, said easement is to be utilized to provide
additional electrical services to Old Settlers Park at Palm Valley,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Easement and Right of Way to TXU Electric
Company, a copy of said Easement and Right of Way being attached
hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 8th day of February, 2001.
ROBERT STLUKA, Mayor
ATTEST: MI) City of Round Rock, Texas
AR !/ �
E LAND, City Secretary
%:\ WPDOCS \RESOLUTI \R10]OBS,.NPD /SC
50.3000
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
co
EASEMENT AND RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS:
That City of Round Rock, Texas of Williamson County, 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 TXU ELECTRIC COMPANY, a Texas corporation,
1601 Bryan Street, Dallas, Texas 75201 -3411, 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 electric
supply and communications lines, consisting of a variable number of wires and cables,
supporting structures, and all necessary or desirable appurtenances over, across and upon
Grantor's land described as follows:
SEE EXHIBIT A (ATTACHED)
District: Round Rock
WR: 1215421
Map Ref.:
ER -
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, remove and reconstruct said lines; the right to
relocate along the same general direction of said lines; the right to relocate said Tines in the
same relative position to any adjacent road if and as such road 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 lines; 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 lines and their appurtenances
and the right to trim or remove trees or shrubbery within, but not limited to, said 15 foot
space, to the extent in the sole judgment of Grantee, as may be necessary to prevent
possible interference with the operation of said lines or to remove possible hazard thereto.
Grantor shall not make changes in grade, elevation or contour of the land 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 sole judgement of Grantee, interfere with the exercise by Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until all of said lines 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 I do hereby bind myself, my heirs and legal representatives, to warrant and
forever defend all and singular the above described easement and rights unto the said
Grantee, its successors and assigns, against every person whomsoever !awfully claiming
or to claim the same or any part thereof.
WITNESS
by:
Robert A. Stluka Jr., Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
hand(s) this day of u�G 2001.
This instrument was acknowledged before me onR � /, by Robert A.
Stluka Jr., Mayor City of Round Rock, Texas, on behalf of the ity Council, City of Round
Rock, and for the purposes and consideration therein expressed and in the capacity
therein stated, and that he was authorized to do so.
� G VEN UNDER MY HAND AND SEAL OF OFFICE this o day of
-� , A.D. 2001.
CHRISTNE s. s. RIRs x
AtmiKr, 5, 205
ry Public in and for the State of Texas
-2-
TXU
Preliminary No. Map No. Sheet No. ER No.
or Project No. Ia j 5-4-2/ Scale: HoA' . Town or County: ou ✓o Kos /�
W /Ai+rSo
Form 318073 10/99
?4„ ‘- a-Do
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EXHIBIT "A"
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Grantor:
City of Round Rock
Recorded Volume 1750 Page 451 _.
Williamson County Deed Records
II
_ Property better described.as_TractL 304.738. acres being' part
of 316.845 acres by meets and bounds Exhibit B Pages 1 -6.
The intent of this_EXHi IT'? is to pictorially show the approximate ... .
location of the easement It is not intended as an' actual survey. Calls
shown are references only. No statement is made to the validity of these calls:
•
W.R. No.
seG ° a 6 ' 09 -
849..23 'GE T
TXU Electric
Field Sketch
ct
h
By:
Robert A. Stluka Jr., Mayor
City of Round Rock, Texas
irrr
TXU Electric & Gas
3110 North IH 35
Round Rock Texas 78681
Tel: 512 310 -3881
Fax: 512 310 -3880
January 23, 2001
Ms. Sharon Prete
City of Round Rock PARD
605 Palm Valley Blvd
Round Rock, Texas 78664
RE: Easement Old Settlers Park
Dear Ms. Prete,
Attached, is the easement that we have discussed to cover an overhead line to be
constructed around two of the parameter lines of Old Settlers Park to the south and east of
the baseball fields. This easement 15 foot wide area that will cover existing as well as
proposed overhead electric lines to be constructed in conjunction with the Youth Football
fields. These lines will follow the parameter of the park and not cross or enter the park in
overhead form as required by the State of Texas. Please have the mayor sign the document
with notary's attestement as well as the exhibit in provided location and return the
documents to me for recordation. I will forward you a copy of the document once it has
been recorded.
If you have any questions please call me at 310 -3881.
Sincerely,
`
Paul Elkins
Engineering Analyst, Sr.
Round Rock Field Design
Paul B. Elkins
Engineering Analyst, Sr.
Round Rock Field Design
pelkinsl@txu.com
0 TXU
DATE: February 2, 2001
SUBJECT: City Council Meeting — February 8, 2001
ITEM: 9.B.4. Consider a resolution authorizing the Mayor to execute an Easement and
Right of Way to TXU Electric Company in Old Settlers Park at Palm Valley.
Resource: Sharon Prete, Parks and Recreation Director
History: TXU is requesting an easement to provide additional electrical service to Old Settlers
Park at Palm Valley. The Texas Parks and Wildlife grant requirements state that all
interior service is required to be underground.
Funding: N/A
Cost:
Source of funds:
Outside Resources: TXU Electric and Gas
Impact: Electrical service is necessary to the development of the park.
Benefit: Lighted fields allows for program expansion.
Public Comment: N/A
Sponsor: PARD/TXU
ilia
From: Sharon Prete
Sent: February 12, 2001 11:24 AM
To: Christine Martinez
Subject: 9.B.4. 2 -8 -01 TXU....
Christine please mail a signed copy to Paul Elkins at TXU when the Mayor has signed and just let
me know.
Thanks,
Sharon