R-01-10-25-9E1 - 10/25/2001RESOLUTION NO. R- O1- 10- 25 -9E1
WHEREAS, the City desires to convey an electrical line guy
wire easement to TXU Electric Company on 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 Electrical Line Guy Wire Easement to TXU
Electric Company, a copy of said Electrical Line Guy Wire 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 25th day of October, 2001.
TTEST:
CHRISTINE R. MARTINEZ, City Secret
OOMA \"ORL00% \O1 \X00 % \RRSOLUTI \R11025 %1.X40 /k.
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ROBERT A. STLUKA, R., Mayor
City of Round Rock, Texas
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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ELECTRICAL LINE GUY WIRE 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
ELECTRIC 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 an electrical line guy wire:
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 ELECTRIC
COMPANY, and used solely for the purposes of location, placement,
construction, maintenance, repair, and removal of the above -
described electrical line guy wire.
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
EXHIBIT
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 guy wire and pole and for
making connections therewith; provided, however, TXU ELECTRIC
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 ELECTRIC 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
By:
JOANNE LAND, City Secretary
GRANTOR:
CITY OF ROUND ROCK, TEXAS
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
0100287 ACRE ELECTRIC EASEMENT
AN EASEMENT 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
GOUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
):OMMENCE AT A POINT IN THE SOUTH LINE OF COUNTY ROAD 113, THE SAME BEING
- 'HE 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
- .02, PAGE 369 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS;
- 8.87°25'18'W, ALONG THE NORTH LINE OF SAID TRACT 1 AND THE SOUTH LINE
OF COUNTY ROAD 113, 1499.53 FEET TO THE POINT OF BEGINNING:
'HENCE CROSSING SAID TRACT 1 THE FOLLOWING 3 COURSES:
S.02 °34'42 "E., 25.00 FEET;
S.87 °25'18'W., 5.00 FEET;
N.02 25.00 FEET TO THE SOUTH LINE OF COUNTY ROAD 113 AND THE
NORTH LINE OF SAID TRACT 1;
"HENCE N.87 °25'18 "E., ALONG SAID NORTH LINE, 5.00 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 0.00287 ACRE, MORE OR LESS.
''HIS DESCRIPTION WAS PREPARED FROM THE DEEDS OF RECORD AND DOES NOT
PURPORT TO BE AN ON- THE - GROUND) SURVEY
FANDALL S. JONES
REGISTERED PROFE
-TATE OF TEXAS
RJ SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
F ILE: S: \LAND650- 700\698\698- ELEC -ESMT
lO /o 8J 01
C
DATE
IONAL LAND SURVEYOR NO. 4391
EXHIBIT
°
PROPGSED PLAT OF
ESTATLS AT SETTLERS
PARK 3ECT70N 1
Lor 2
LOT 1, BLOCK A
25' ADDITIONAL
RIG:-IT OF WAY
J
N8725'1 - E
5.00'
I PO /NT OF
N o w BEGINNING
2 C.4 o NE CORNER OF TRACT 1
.' (425.540 ACRES) AS
DESCRIBED IN VOLUME
1760, PACE 451
5.00'
S87'25'18 "W
TRACT 1 (425.540 ACRES)
VOLUME 1760, PAGE 451
COUNTY ROAD 113 - KIPHEN ROAD
S8725'18 "W. A 1499.53'
SKETCH TO ACCOMPANY HELD NOTES
DATE- OCT. 8, 2001 SCALE: 1"=.20'
RJ SURVEYING, INC.
1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
CL UIT -ENV PL—
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CITY OF KOUNO KOGK
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EXy ?B/r "A"
The intent of this "EXHIBIT' 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.
Granter(s) THE CITY OF ROUND ROCK
By:
ROBERT STLUKA, MAYOR
VOL. 1760 PAGE 451 County: WILLIAMSON District : Round Rock W/R : 1336273
W. DONAHO SURVEY ABST.: 173
GUY EASEMENt 25 Pt LONG X 5 Pt. VIDE
DATE: October 19, 2001
SUBJECT: City Council Meeting - October 25, 2001
ITEM: *9.E.1. Consider a resolution authorizing the Mayor to execute an Electrical
Line Guy Wire Easement to TXUElectric Company. This easement
is in Old Settlers Park at Palm Valley.
Resource: Sharon Prete, Parks and Recreation Director
History: The realignment and construction of County road 113 requires a new easement for an
electrical line guy wire. The realignment and construction of utilities along County
Road 113 requires a new easement for an existing electric service pole.
Funding: N/A
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Impact: The guy wire does not have an adverse impact on the park.
Benefit: The electric service pole is necessary to provide electricity to the park.
Public Comment: N/A
Sponsor: PARD