Loading...
R-01-10-11-12D2 - 10/11/2001RESOLUTION NO. R- 01- 10- 11 -12D2 WHEREAS, the City desires to convey a telephone line easement to Southwestern Bell Telephone Company across a portion of Meadow Lake Park, and WHEREAS, said easement is to be utilized to construct and maintain a telephone line for the future sites of an elementary and middle school, 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 a Telephone Line Easement to TXU Electric Company, a copy of said Telephone 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 11th day of Oct.. -r, 21.01. JO E LAND, City Secretary ODMA'NORLDOX10 tWDO%1RESOLUTIlRI 1011D3 WPDhw S /471ett RO ='' STLUKA, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON TELEPHONE 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 SOUTHWESTERN BELL TELEPHONE 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 telephone line easement: 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 SOUTHWESTERN BELL TELEPHONE COMPANY, and used solely for the purposes of location, placement, construction, maintenance, repair, and removal of a telephone line easement. 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 OONIMWORLDO MO.lWDOMCORR\ONLWASCIN VrtW W 1]086.WPDAw EXHIBIT ..An singular all usual and customary rights thereto in anywise 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 telephone line easement and for making connections therewith; provided, however, SOUTHWESTERN BELL TELEPHONE 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 SOUTHWESTERN BELL TELEPHONE 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 JOANNE LAND, City Secretary GRANTOR: CITY OF ROUND ROCK, TEXAS By: 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 STATE OF TEXAS } COUNTY OF WILLIAMSON } 2,698 SOUARE FOOT EASMENT FIELDNOTE DESCRIPTION Being a 2698 square foot tract of land out of the Thomas Toby Survey, Abstract 625, in Williamson County, Texas and being out of and a part of that certain called 43.524 acre tract of land conveyed to The City of Round Rock, recorded in Document No. 9730900 of the Official Records of Williamson County, Texas, said 2,698 square foot tract being more particularly described by metes and bounds as follows; BEGINNING at a 1/2" iron rod found at an exterior comer of the above mentioned 43.524 acre tract of land, same being the southwest corner of Lot 17, Block D, Meadow Lake Section One -B Revised, recorded in Cabinet P, Slide 218, of the Plat Records of Williamson County, said rod being located in the east line of Lakeside Loop for the northwest comer of this; THENCE departing Lakeside Loop, along the south line of said Lot 17, common with an exterior boundary line of said 43.524 acre tract, at North 70 degrees 43 minutes 34 seconds East a distance of 110.07 feet passing a 1/2" iron rod found at the southeast comer of said Lot 17, and a total distance of 269.56 feet to a to a one half inch iron rod with yellow plastic cap marked "4748 ", set in the east line of said 43.524 acre tract, common with the west line of Lakeside Subdivision Section Three Final Plat, (Replat ), not recorded at time of this survey, for the northeast corner of this; THENCE along the east line of said 43.524 acre tract, common with the west line of said Lakeside Subdivision, South 21 degrees 30 minutes 40 seconds East a distance of 10.01 feet to a one half inch iron rod with yellow plastic cap marked "4748 ", set for the southeast comer of this; THENCE 10 feet south of and parallel to the south line of said Lot 17, and through the interior of said 43.524 acre tract of land, South 70 degrees 43 minutes 34 seconds West a distance of 269.96 feet to a to a one half inch iron rod with yellow plastic cap marked "4748 ", set in the east line of Lakeside Loop for the southwest corner of this; THENCE along the east line of Lakeside Loop, North 19 degrees 14 minutes 05 seconds West a distance of 10.00 feet to the POINT OF BEGINNING, containing 2,698 square feet of land, more or less. Bearing Basis: For directional control a bearing of North 70 degrees 43 minutes 34 seconds East is used for relative direction along the south line of the above mentioned Lot 17, ( per record plat ), as monumented on the ground. This fieldnote description is to accompany a plat showing the 2,698 square foot tract of land described herein. Stephen. D. Jenard Registered Professional Land Surveyor Texas No. 4748 Meadow Lake Section One —B Revised Cab. P. Slide 218 Plat Records Williamson County ephen THOMAS TOBY SURVEY A - 625 WILLIAMSON COUNTY, TEXAS. LOT 16 BLOCK D N 1914'05" W rnd I/1' t R. at P. T. Proposed 10' wide SK ET Easement 268. 269' 10.00' o tolled 43.524 acre tract ,� d� The City of Round Rock DOC NO 9730900 O.R. W.C. This plat is to accompany a 8eldnote description, describing the 2.698 square foot tract of land shown hereon. Proposed Lakeside Subdivision Section Three Final Plat ( Rep /at ) ( has not been recorded of time of this survey ) 1, Stephen D. Jarrard, do hereby certify that this plat correctly represents a survey mode on the ground by me and that there are no apparent discrepancies, conflicts, encrooch— ments, overlapping of improvements or visible utility lines, except as shown hereon. August 14, 2001 Jarrord, Registered ofesslonol Land Surveyor, No. 4748 S 2130'40" E 10.01' 8 z. s•� i l� „1 � m .I m r d MEV JARRARD SURVEYING LAND SURVEYOR 115 N. CENTRAL AVENUE, SUITE 2, P. 0. BOX 1135 CAMERON, TEXAS- ( 254 ) 697 -3646 — FAX ( 254 ) 697 -8776 SCALE: 1" = 40' F.B. 55/9 D/C EASEMENT SURVEY ON A 2,698 SQUARE FOOT TRACT OF LAND OUT OF THE THOMAS TOBY SURVEY. A -624, VAWAMSON COUNTY, TEXAS DATE: 8 -14 -01 JOB NO. 2026 Meadow Lake Park PROPOSED SOUTHWESTERN BELL EASEMENT Meadow Lake PROPOSED SOUTHWESTERN BELL EASEMENT FUTURE SITE OF ELEMENTARY SCHOOL #27 AND . MIDDLE SCHOOL #9 DATE: October 5, 2001 SUBJECT: City Council Meeting — October 11, 2001 ITEM: * 12.D.2. Consider a resolution authorizing the Mayor to execute a Telephone Line Easement to Southwestern Bell Telephone Company. Resource: Sharon Prete, Parks and Recreation Director History: Southwestern Bell contacted the Parks and Recreation Department and has requested a permanent easement that is 10 feet wide by 296.96 feet long. PARD and Southwestern Bell have jointly agreed to the location of the easement. Funding: Cost: N/A Source of funds: N/A Outside Resources: Southwestern Bell Telephone Company Impact: The easement will be located in an area that will have a minimal impact to the function and beauty of the park. The easement is in a remote, narrow area of the park that has no future plans for development. Benefit: The buried telephone cable will provide telephone service to elementary school #27 and middle school #9 located east of the easement. Public Comment: None Sponsor: PARD 2001080825 6 Figs THE STATE OF TEXAS COUNTY OF WILLIAMSON- TELEPHONE LINE EASEMENT cov § 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 SOUTHWESTERN BELL TELEPHONE 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 telephone line easement: 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 SOUTHWESTERN BELL TELEPHONE COMPANY, and used solely for the purposes of location, placement, construction, maintenance, repair, and removal of a telephone line easement. 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 OOMAIIVORLDOX\0 \ WDOMCORR,UNLWASEMUTL`00013086.W PDhw singular all usual and customary rights thereto in anywise 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 telephone line easement and for making connections therewith; provided, however, SOUTHWESTERN BELL TELEPHONE 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 SOUTHWESTERN BELL TELEPHONE 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. EXECUTED on this I / - day of the month of C 0.464 , 2001. ATTEST: E LAND, City Secretary GRANTOR: CITY OF ROUND ROCK, TEXAS By: e, ROB A. STLUKA, Mayor THE STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT day of the month of 06.0.1 , 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. This instrument was acknowledged before me on this the CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES .iE August 28, 2005 Notary Public, State of Texas STATE OF TEXAS } COUNTY OF-WILLIAMSON } 2,698 SOUARE FOOT EASMENT FIELDNOTE DESCRIPTION Being a 2,698 square foot tract of land out of the Thomas Toby Survey, Abstract 625, in Williamson County, Texas and being out of and a part of that certain called 43.524 acre tract of land conveyed to The City of Round Rock, recorded in Document No. 9730900 of the Official Records of Williamson County, Texas, said 2,698 square foot tract being more particularly described by metes and bounds as follows; BEGINNING at a 1/2" iron rod found at an exterior corner of the above mentioned 43.524 acre tract of land, same being the southwest corner of Lot 17, Block D, Meadow Lake Section One -B Revised, recorded in Cabinet P, Slide 218, of the Plat Records of Williamson County, said rod being located in the east line of Lakeside Loop for the northwest comer of this; THENCE departing Lakeside Loop, along the south line of said Lot 17, common with an exterior boundary line of said 43.524 acre tract, at North 70 degrees 43 minutes 34 seconds East a distance of 110.07 feet passing a 1/2" iron rod found at the southeast comer of said Lot 17, and a total distance of 269.56 feet to a to a one half inch iron rod with yellow plastic cap marked "4748 ", set in the east line of said 43.524 acre tract, common with the west line of Lakeside Subdivision Section Three Final Plat, (Replat ), not recorded at time of this survey, for the northeast comer of this; THENCE along the east line of said 43.524 acre tract, common with the west line of said Lakeside Subdivision, South 21 degrees 30 minutes 40 seconds East a distance of 10.01 feet to a one half inch iron rod with yellow plastic cap marked "4748 ", set for the southeast corner adds; THENCE 10 feet south of and parallel to the south line of said Lot 17, and through the interior of said 43.524 acre tract of land, South 70 degrees 43 minutes 34 seconds West a distance of 269.96 feet to a to a one half inch iron rod with yellow plastic cap marked "4748 ", set in the east line of Lakeside Loop for the southwest corner of this; THENCE along the east line of Lakeside Loop, North 19 degrees 14 minutes 05 seconds West a distance of 10.00 feet to the POINT OF BEGINNING, containing 2,698 square feet of land, more or less. Bearing Basis: For directional control a bearing of North 70 degrees 43 minutes 34 seconds East is used for relative direction along the south line of the above mentioned Lot 17, ( per record plat ), as monumented on the ground. This fieldnote description is to accompany a plat showing the 2,698 square foot tract of land described herein. Stephen D. Jarrard Registered Professional Land Surveyor Texas No. 4748 A'.4 Meadow Lake Section One —B Revised Cob. P, Slide 218 Plat Records Williamson County THOMAS TOBY SURVEY A - 625 WILLIAMSON COUNTY, TEXAS. LOT 16 BLOCK D LOT 17 BLOCK 0 • ,p515 ' } j 0 ) be ding .034 E 4" plat e a u N N 70431 4 �a 5 N 19'74'05" W 10.00' ii yNwri Fad 1/2" t R. at P T. SCALE: 1" = 40' F.B. - 55/9 D/C ' Proposed 10' wide SNBT Easement 2 2 called 43.524 acre tract to The City of Round Rock DOC NO. 9730900 O.R. W. C. This plat is to accompany a fieldnote description, describing the 2,698 square foot tract of land shown hereon. I, Stephen D. Jarrard, do hereby certify that this plat correctly represents a survey mode on the ground by me and that there are no apparent di ?crepcncies, conflicts, encroach— ments, overlapping of improvements or visible utility lines, except as shown hereon. August 14, 2001 Surveyor, No. 4748 JARRARD SURVEYING LAND SURVEYOR 115 N. CENTRAL AVENUE, SUITE 2, P. 0. BOX 1135 CAMERON, TEXAS ( 254 ) 697 -3648 — FAX ( 254 ) 697 -8776 EASEMENT SURVEY ON A 2,698 SQUARE FOOT TRACT OF LAND OUT OF THE THOMAS TOBY SURVEY, A -624, WILLIAMSON COUNTY, TEXAS. Proposed Lakeside Subdivision Section Three Final Plat ( Replat ) ( hos riot been recorded at time of this survey ) S 21'30'40" E 10.01' ▪ ,�t K • R: 4 03 5 .t tM,°d caP RECORDERS MEMORANDUM All or parts of the text on this page was not :!early legible for satisfactory recordation. DATE: R 45¢' sot 1m ,, : ♦1 cap 8 -14 -01 JOB NO. 2026 litrE 15= e a chu.J , u Anthony Arguijo 1616 Guadalupe St. ( Room 503 Austin, TX 78701 Nn r 6 . f 1LU MU i1CtIUf \UC! OFFICIAL PUBLIC RECORDS 11- 02- 2001 09:41 AM 2001080825 JACKIE $19.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS