R-01-10-11-12D1 - 10/11/2001RESOLUTION NO. R- 01- 10- 11 -12D1
WHEREAS, the City desires to convey a gas line easement to
TXU Gas Company across a portion of 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 Gas Line Easement to TXU Gas Company, a copy
of said Gas Line Easement being attached hereto as Exhibit "A" 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.
RESOLVED this llth day of October, 2001.
AT ST:
10 galnk
1,0 E LAND, City Secretary
.DMA\ WORLDO%\ OANDOX \REEOLUTI \R11011D1.WPD /kW
AA
ROBE STLUKA, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
GAS LINE EASEMENT
5
KNOW ALL BY THESE PRESENTS:
That the CITY OF ROUND ROCK, TEXAS, a Texas home -rule
municipality, and its successors and assigns, hereinafter referred
to as Grantor (whether one or more), for and in consideration of
the sum of Ten and No /100 ($10.00) Dollars cash in hand paid and
other good and valuable consideration paid to Grantor by TXU GAS
COMPANY, a Texas corporation, hereinafter referred to as Grantee,
receipt of which consideration is hereby acknowledged, has GRANTED,
SOLD and CONVEYED, subject to easements, rights -of -way and
prescriptive rights whether of record or not and to all presently
recorded instruments that affect the property, and by these
premises does hereby GRANT, SELL and CONVEY unto Grantee and its
successors and assigns an easement and right -of -way in, on, over,
upon, above and across the below - described property, for the
purpose of constructing and maintaining a gas line:
See Exhibit "A" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise
pertaining.
The easement, right -of -way, rights and privileges herein
granted shall be for the sole and exclusive use of TXU GAS COMPANY,
and used solely for the purposes of location, placement,
construction, maintenance, repair, and removal of the above -
described gas line.
The easement, right -of -way, rights and privileges herein
granted shall also encompass the right of Grantee to trim, cut,
fell and remove therefrom all trees, underbrush, vegetation, and
obstructions, structures or obstacles within the limits of the
right - of - way; reserving to the landowners and their heirs and
assigns, however, all such rights and privileges as may be used
without interfering with or abridging the rights and easement
herein acquired by Grantee.
TO HAVE AND TO HOLD the same, in perpetuity, in and to
Grantee, and its successors and assigns, together with all and
singular all usual and customary rights thereto in anywise
ODMA`.WORLDOX\O-\W DO% 1CORRIUNL IEASEMUfLVA)130B1.WPOhw
EXHIBIT
”An
belonging, and together with the right and privilege at any and all
times to enter said premises, or any part thereof, for the purpose
of constructing or maintaining said gas line and for making
connections therewith; provided, however, TXU GAS COMPANY shall not
assign or allow any other party, whether a public utility or
telecommunications provider or otherwise, to use the easement and
right -of -way granted herein, such use being beyond the scope of the
easement estate granted herein.
And Grantor does hereby bind his or its heirs, executors,
administrators and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the said premises unto TXU GAS COMPANY, its successors
and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof by, through or under Grantor
but not otherwise.
2001.
ATTEST:
EXECUTED on this day of the month of
GRANTOR:
CITY OF ROUND ROCK, TEXAS
By:
JOANNE LAND, City Secretary
ROBERT A. STLUKA, Mayor
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
This instrument was acknowledged before me on this the
day of the month of , 2001, by ROBERT A. STLUKA, Mayor
of the City of Round Rock, Texas, on behalf of said municipality,
for the purposes and consideration therein expressed.
Notary Public, State of Texas
a
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m
N7 6.48' 58 E
222 .52 '
GRANTOR:
JOB NO.: 698
371.08T 620
58770'58 "W "
TRACT 1 (425.540 ACRES)
VOLUME 1760, PAGE 451
EXHIBIT "A"
COUNTY ROAD 113
R= 575.00'
L= 500.58'
DELTA =49 52 50"
CHRD.BRNG= 5380727 E
CHORD= 484.92'
398.36' 314.34
N88:51'2511/ 58770 56 "W rn N
oc.;
ti
N88 03'58 "E
x383.18'
S0156'02 "E
1225.23'
.94656'02T
1Z16'
51371'02
154.15'
563'03'52
14384'
POINT OF Page 1 of 3
BEGINNING
CENTERLINE OF
1`
,1
15' EASEMENT
\2,
v,.
NE CORNER OF TRACT 1
(425.540 ACRES) AS
DESCRIBED IN VOLUME
1760, PAGE 451
S8725'18 "W
2206.59'
TRACT 1 (425.540 ACRES)
VOLUME 1760, PAGE 451
.346'48'52T
17.63'
g
S8871'12 "W rn
29-\ 4
r \ �
\ CONTINENTAL HOMES OF TEXAS, LP
BOUNDARY OF TRACT 1 (425.540 ACRES) - \ 201.992 ACRES
VOLUME 1760, PAGE 451 \\ DOCUMENT 1 9908540
1
1
r � I
DATE SEPT 12, 2001 SCALE. 1 '
Rd SURVEYING, INC.
1212 F. BRAKFR 1 ANF Al /.S71N TEXAS 7R753 /519) R3R -4793
EXHIBIT "A"
GAS MAIN EASEMENT - OLD SETTLERS PARK
AN EASEMENT 15 FEET WIDE IN THE WILLIS DONAHO, JR, SURVEY, ABSTRACT
NO. 173 IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT 1 (425.540
ACRES) AS DESCRIBED IN THE DEED RECORDED IN VOLUME 1760, PAGE 451 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT IN THE SOUTH LINE OF COUNTY ROAD 113, THE SAME
BEING THE NORTHEAST CORNER OF SAID TRACT 1 (425.540 ACRES) AND THE
NORTHWEST CORNER OF THAT CERTAIN 47.72 ACRE REMAINDER OF THAT 50
ACRE TRACT CONVEYED TO MRS. HEDWIG NELSON, EXECUTRIX, BY DEED
RECORDED IN VOLUME 102, PAGE 369 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.87 °25'18 "W., ALONG THE NORTH LINE OF SAID TRACT 1 AND THE
SOUTH LINE OF COUNTY ROAD 113, 2206.59 FEET TO THE POINT OF BEGINNING:
THENCE CROSSING SAID TRACT 1 THE FOLLOWING 16 COURSES:
Page 2 of 3
1. S.02 °34'42 "E., 126.01 FEET;
2. S.87 °10'56'9., 314.34 FEET;
3. N.88 °51'25 "W., 398.36 FEET;
4. N.80°18'04'W., 186.20 FEET;
5. S.87°10'58'W., 371.08 FEET;
6. S.01 °56'02 "E., 534.68 FEET;
7. S.13 °11'02 "E., 421.18 FEET;
8. N.76 °48'58 "E., 222.52 FEET;
9. N.88 °03'58 "E., 383.18 FEET;
10. S.01 °56'02 "E., 225.23 FEET;
11. S.46 °56'02 "E., 17.16 FEET;
12. S.13 °11'02 "E., 154.15 FEET;
13. 500.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 49 ° 52'50" AND A
CHORD BEARING S.38 °07'27 "E., 484.92 FEET;
,14. S.63 °03'52 "E., 143.84 FEET;
15. S.46 °48'52 "E., 17.63 FEET;
16. S.01 °48'52 "E., 457.76 FEET TO THE END OF SAID CENTERLINE AND TO A
SOUTH LINE OF SAID TRACT 1 THE SAME BEING THE NORTH LINE OF THAT
CERTAIN 201.992 ACRE TRACT OF LAND CONVEYED TO CONTINENTAL
HOMES OF TEXAS, L. P., BY DEED RECORDED IN DOCUMENT NUMBER
9908540 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
GAS MAIN EASEMENT - OLD SETTLERS PARK
TEXAS, FROM WHICH THE NORTHWEST CORNER OF SAID 201.992 ACRE
TRACT BEARS S.88 °11'12 "W., 293.85 FEET.
CONTAINING 1.54 ACRES, MORE OR LESS.
THE SIDE LINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET
AT ALL ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE OF THE SAID
201.992 ACRE TRACT.
THIS DESCRIPTION WAS PREPARED FROM THE DEEDS OF RECORD AND DOES
NOT PURPORT TO BE AN ON- THE - GROUND SURVEY
RANDALL S. JONES DATE
REGISTERED PROF SIONAL LAND SURVEYOR NO. 4391
STATE OF TEXAS
RJ SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
FILE: S:ILAND650- 7001698\698 -GAS
EXHIBIT "A" Page 3 of 3
2
DATE: October 5, 2001
SUBJECT: City Council Meeting — October 11, 2001
ITEM: * 12.D.1. Consider a resolution authorizing the Mayor to execute a Gas Line
Easement to TXU Gas Company.
Resource: Sharon Prete, Parks and Recreation Director
History: This easement has been requested as the most economic way of extending gas
service from Ryan's Crossing to Estates at Settler Park.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: TXU
Impact: The impact will be minimal because it parallels a water and wastewater line.
Benefit: The City will benefit from the construction of the line, but will not share in the
cost of the construction of the line
Public Comment: None
Sponsor: None
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
GAS LINE EASEMENT
§
KNOW ALL BY THESE PRESENTS:
That the CITY OF ROUND ROCK, TEXAS, a Texas home -rule
municipality, and its successors and assigns, hereinafter referred
to as Grantor (whether one or more), for and in consideration of
the sum of Ten and No /100 ($10.00) Dollars cash in hand paid and
other good and valuable consideration paid to Grantor by TXU GAS
COMPANY, a Texas corporation, hereinafter referred to as Grantee,
receipt of which consideration is hereby acknowledged, has GRANTED,
SOLD and CONVEYED, subject to easements, rights -of -way and
prescriptive rights whether of record or not and to all presently
recorded instruments that affect the property, and by these
premises does hereby GRANT, SELL and CONVEY unto Grantee and its
successors and assigns an easement and right -of -way in, on, over,
upon, above and across the below- described property, for the
purpose of constructing and maintaining a gas line:
See Exhibit "A" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise
pertaining.
The easement, right -of -way, rights and privileges herein
granted shall be for the sole and exclusive use of TXU GAS COMPANY,
and used solely for the purposes of location, placement,
construction, maintenance, repair, and removal of the above -
described gas line.
The easement, right -of -way, rights and privileges herein
granted shall also encompass the right of Grantee to trim, cut,
fell and remove therefrom all trees, underbrush, vegetation, and
obstructions, structures or obstacles within the limits of the
right -of -way; reserving to the landowners and their heirs and
assigns, however, all such rights and privileges as may be used
without interfering with or abridging the rights and easement
herein acquired by Grantee.
TO HAVE AND TO HOLD the same, in perpetuity, in and to
Grantee, and its successors and assigns, together with all and
singular all usual and customary rights thereto in anywise
ODM AMC RLDOMO DOXUCORR \ONLSEASEMUW00013031 WP Ulm
belonging, and together with the right and privilege at any and all
times to enter said premises, or any part thereof, for the purpose
of constructing or maintaining said gas line and for making
connections therewith; provided, however, TXU GAS COMPANY shall not
assign or allow any other party, whether a public utility or
telecommunications provider or otherwise, to use the easement and
right -of -way granted herein, such use being beyond the scope of the
easement estate granted herein.
And Grantor does hereby bind his or its heirs, executors,
administrators and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the said premises unto TXU GAS COMPANY, its successors
and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof by, through or under Grantor
but not otherwise. f/
EXECUTED on this {/ day of the month of ,
2001.
ATTEST:
J
CITY OF ROUND ROCK, TEXAS
By:
ROBE ° - A. STLUKA, Mayor
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
"t" CHRISTINE A. MAHTINEZ
= MY COMMISSION EXPIRES
August 28, 2005
A CKNOWLEDGM E NT
§
awitiffuL. k-IY1
Notary Public, State of Texas
it
1
This instrument ^ was � � a ' c � k � nowledged before me on this the
netaw J
day of the month of , 2001, by ROBERT A. STLUKA, Mayor
of the City of Round Rock, Texas, on behalf of said municipality,
for the purposes and consideration therein expressed.
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C. JOB NO.: 698
371.08 18 6.25 r 398.36 314.34
5'8770'58V N8078 p N885125 "W S8770'56'W
N y 6•48' 58 "E
2 22. 5 2 '
TRACT 1 (425.540 ACRES)
VOLUME 1760, PAGE 451
BOUNDARY OF TRACT 1 (425.540 ACRES)
VOLUME 1760, PAGE 451
EXHIBIT "A"
COUNTY ROAD 113
N88'0358 "E
X 383.18'
1
S01:56 "E
225.23'
S46 56'02 E
17.16'
S1371'02 "E
154.15'
TRACT 1 (425.540 ACRES)
R= 575.00' VOLUME 1760, PAGE 451
L= 500.58'
DELTA = 4952'50" fig 54648'52 "E
CHRD.BRNG= S38'07'27 "E 1763'
CHORD= 484.92'
S63103'52 "E
143.84'
1
DATE SEPT.. 12, 2001
POINT OF
BEGINNING
NE CORNER OF TRACT 1
(425.540 ACRES) AS
DESCRIBED IN VOLUME
1760, PAGE 451
CENTERLINE OF
15' EASEMENT
— -'
SCALE: 1 "=300'
RJ SURVEYING, INC.
Page 1 of 3
58725'18 "W
2206.59'
N�
4a IV
v
S8871'12 "W I
293.85'
1 CONTINENTAL HOMES OF TEXAS, LP
\ 201.992 ACRES
\ DOCUMENT ,y 9908540
1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
GAS MAIN EASEMENT - OLD SETTLERS PARK
EXHIBIT "A" Page 2 of 3
AN EASEMENT 15 FEET WIDE IN THE WILLIS DONAHO, JR, SURVEY, ABSTRACT
NO. 173 IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT 1 (425.540
ACRES) AS DESCRIBED IN THE DEED RECORDED IN VOLUME 1760, PAGE 451 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCE ATA POINT IN THE SOUTH LINE OF COUNTY ROAD 113, THE SAME
BEING THE NORTHEAST CORNER OF SAID TRACT 1 (425.540 ACRES) AND THE
NORTHWEST CORNER OF THAT CERTAIN 47.72 ACRE REMAINDER OF THAT 50
ACRE TRACT CONVEYED TO MRS. HEDWIG NELSON, EXECUTRIX, BY DEED
RECORDED IN VOLUME 102, PAGE 369 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.87 °25'18 "W., ALONG THE NORTH LINE OF SAID TRACT 1 AND THE
SOUTH LINE OF COUNTY ROAD 113, 2206.59 FEET TO THE POINT OF BEGINNING:
THENCE CROSSING SAID TRACT 1 THE FOLLOWING 16 COURSES:
1. S.02 °34'42 "E., 126.01 FEET;
2. S.87 °10'56 "W., 314.34 FEET;
3. N.88 °51'25 "W., 398.36 FEET;
4. N.80 °18'04 "W., 186.20 FEET;
5. S.87 °10'58 "W., 371.08 FEET;
6. S.01 °56'02 "E., 534.68 FEET;
7. S.13 °11'02 "E., 421.18 FEET;
8. N.76 °48'58 "E., 222.52 FEET;
9. N.88 °03'58 "E., 383.18 FEET;
10. S.01 °56'02 "E., 225.23 FEET;
11. S.46 °56'02 "E., 17.16 FEET;
12. S.13 °11'02 "E., 154.15 FEET;
13. 500.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 49 °52'50" AND A
CHORD BEARING S.38 °07'27 "E., 484.92 FEET;
,14. S.63 °03'52 "E., 143.84 FEET;
15. S.46 °48'52 "E., 17.63 FEET;
16. S.01 °48'52 "E., 457.76 FEET TO THE END OF SAID CENTERLINE AND TO A
SOUTH LINE OF SAID TRACT 1 THE SAME BEING THE NORTH LINE OF THAT
CERTAIN 201.992 ACRE TRACT OF LAND CONVEYED TO CONTINENTAL
HOMES OF TEXAS, L. P., BY DEED RECORDED IN DOCUMENT NUMBER
9908540 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
GAS MAIN EASEMENT - OLD SETTLERS PARK
TEXAS, FROM WHICH THE NORTHWEST CORNER OF SAID 201.992 ACRE
TRACT BEARS S.88 °11'12' W., 293.85 FEET.
CONTAINING 1.54 ACRES, MORE OR LESS.
THE SIDE LINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET
AT ALL ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE OF THE SAID
201.992 ACRE TRACT.
THIS DESCRIPTION WAS PREPARED FROM THE DEEDS OF RECORD AND DOES
NOT PURPORT TO BE AN ON- THE - GROUND SURVEY
r o-oPcpii S Cr-eti ?/12/01
RANDALL S. JONES DATE
REGISTERED PROF SIGNAL LAND SURVEYOR NO. 4391
STATE OF TEXAS
RJ SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
FILE: S: \LAND650- 700 \698\698 -GAS
EXHIBIT "A" Page 3 of 3
2
ii