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R-02-12-19-9D11 - 12/19/2002A EST: RESOLUTION NO. R- 02- 12- 19 -9D11 WHEREAS, a gas line currently exists in a portion of Bagdad Street that must be relocated for the construction of the Senior Activity Center at the Municipal Office Complex, and WHEREAS, until the gas line is relocated, TXU Gas Company requires an easement on the property, 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 Gas Line Easement to TXU Gas Company, a copy of said 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 19th day of December, 002 CHRISTINE R. MARTINEZ, City Secreta ..Oixu \WORLIOx \o. \WOO \RESOIvr: \R2i219O11 /SC NYL ELL, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON GAS LINE EASEMENT KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ( "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration paid by TXU GAS COMPANY ( "Grantee "), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a gas line easement and right -of -way m, upon, over, under, above and across the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 0.15 acre tract of land out of the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas, being a portion of a 1.08 acre tract conveyed to the City of Round Rock, recorded in Document No. 2000049244, Official Public Records, Williamson County, Texas, and Municipal Center, Phase 1 (an amending plat), recorded in Cabinet V, Slides 348 -349, Plat Records, Williamson County, Texas; the said 0.15 acre intended to be utilized as a public utility gas line easement; and the said 0.15 acre tract being more particularly described by metes and bounds as indicated; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. The easement, right -of -way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: gas lines, connecting lines, access facilities and related equipment, systems and structures, all necessary appurtenances, pipes and all other subsurface structures, and any necessary accessories, or operations. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual, provided however that said easement, rights, and privileges shall cease and revert to Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, right -of -way, rights and privileges granted herein are non - exclusive. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the utilities contemplated herein, and Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. o\ ,,, ao 3 9O6a We an, 1 EXHIBIT Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. (b) TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and 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 utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto TXU GAS COMPANY, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of , 2002. ATTEST: Christine R. Martinez, City Secretary GRANTOR: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 ACKNOWLEDGMENT § § § This instrument was acknowledged before me on this the day of the month of , 2002, by Nyle Maxwell, Mayor of the City of Round Rock, Texas, in the capacity and for the purposes and consideration therein expressed. Notary Public, State of Texas 3 0.15 ACRE GAS LINE EASEMENT CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS PROPERTY DESCRIPTION BEING 0.15 ACRES, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT No. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 1.08 ACRE TRACT CONVEYED TO THE CITY OF ROUND ROCK, RECORDED IN DOCUMENT No. 2000049244, OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND MUNICIPAL CENTER, PHASE 1 (AN AMENDING PLAT), RECORDED IN CABINET V, SLIDES 348 -349, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a' iron rod found with cap for the southwest corner of herein described tract, same being the southwest corner of the remainder portion of said 1.08 acre tract, and the southeast corner of a 1.57 acre tract conveyed to John D. Robertson, recorded in Volume 486, Page 138, Deed Records of Williamson County, Texas; THENCE the west line of said 1.08 acre remainder tract and the east line of said 1.57 acre tract, tract N 19 °38'08 "W a distance of 335.89 feet to a point from which an 1/2" iron rod found bears, N 19 °38'08 "W a distance of 13.93 feet to the northwest corner of said 1.08 acre remainder tract; THENCE over and across said 1.08 acre remainder tract, N 70 °4718 "E a distance of 54.82 feet to a corner in the south line of a 0.27 acre tract, conveyed to Jeanne S. Umstaddt, recorded in Volume 2068, Page 939, Official Records, Williamson County, Texas, same being in the north line of said 1.08 acre remainder tract, continuing with the north line of said 1.08 acre remainder tract and the south line of said 0.27 acre tract in all a distance of 105.03 feet to a point for the northern most corner of said 1.08 acre remainder tract; THENCE with the northeast line of said 1.08 acre remainder tract, S 62 °38'48 "E a distance of 20.66 feet to a point; THENCE over and across said 1.08 acre remainder tract, S 70 °47'18" W a distance of 104.12 feet to a point; THENCE continuing over and across said 1.08 acre remainder tract, S 19 °38'08 "E passing the west line of said Municipal Center, Phase 1 at a distance of 287.71 feet, and 290.38 feet, continuing in all a distance of 320.78 feet to the POINT OF BEGINNING and containing 0.15 ACRES more or less. THE STATE OF TEXAS COUNTY OF TRAVIS That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 1st day of August, 2002 A.D. Carter & Burgess, Inc. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 T\! i ndex\Pdesc \2002 \Draft \Pd02- 08 KNOW ALL MEN BY THESE PRESENTS: PD02 -087 (SCO) AUGUST 1, 2002 C &B PROJECT NO. 050188.001.2.0011 John Strawbridge Registered Professional Land Surveyor No. 4283 - State of Texas EXHIBIT °e uAu LINE TABLE LINE BEARING LENGTH L1 362'38'48'E 20,66 L2 S70'21'52'W 15.00 SCALE : 1' = 50' AUGUST, 2002 WIIddAMSON COUNTY, TEXAS JOHN D.ROBERTSON 1.57 AC. VOL.486, PG.138 0,P.R.W.C.T. DETAIL NOT TO SCALE v, 1 1 bz oe • • • 1.08 ACRE o 2. • TRACT LEGEND 0.15 ACRES JEANNE 5. UMSTADDT 0.27 AC. VOL. 2058, PG. 939 O.R.W.C.T. MUNICIPAL 15' �z. L1 CITY OF ROUND ROCK REMAINDER OF 1.08 AC. DOC. #2000049244 0.P.R.W.C.T. • IRON ROD FOUND P.O.B. P.O.B. POINT OF BEGINNING O.R.W.C.T. OFFICIAL RECORDS OF / WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS 5p.GD o w) REMAINDER OF CITY OF ROUND ROCK TRACT NO. 2 13.1 AC.) VOL. 447, PG. 105 / D.R.W.C.T. MUNICIPAL CENTER • PHASE 1 IAN AMENDING PLAT) CAB. V, SLIDES 348 - 349 P.R.W.C.T. SKETCH to ACCOMPANY DESCRIPTION No. PD02 -087 Carter.Burgess Cad:;055 u sRs.,:d Inc. Sutle 300 A sUn, Ta,oa 78746 Phone 512.3143100 N. 512.3286672 www —b cola Caw, too, corm ♦ Cop, I Consultants In Surveying. Engineering, Architecture, Construction Management, and Related Services Poop 2 of 2 DATE: December 13, 2002 SUBJECT: City Council Meeting — December 19, 2002 ITEM: 9.D.11. Consider a resolution authorizing the Mayor to execute a Gas Line Easement to TXU Gas Company for the relocation of a high - pressure gas line at the Municipal Office Complex. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Larry Madsen, Construction Manager History: The City is requesting a high- pressure gas line to be relocated on the MOC project. The City will abandon an existing easement and establish this new easement to accommodate TXU Gas Company to relocate the line. Funding: N/A Cost: N/A Source of funds: N/A Outside Resources: TXU Gas Company ImpactBenefit: Moving to property line allows room to build The Senior Activity Center that is being planned. Public Comment: N/A Sponsor: N/A THE STATE OF TEXAS COUNTY OF WILLIAMSON GAS LINE EASEMENT KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ( "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration paid by TXU GAS COMPANY ( "Grantee "), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a gas line easement and right -of -way in, upon, over, under, above and across the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 0.15 acre tract of land out of the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas, being a portion of a 1.08 acre tract conveyed to the City of Round Rock, recorded in Document No. 2000049244, Official Public Records, Williamson County, Texas, and Municipal Center, Phase 1 (an amending plat), recorded in Cabinet V, Slides 348 -349, Plat Records, Williamson County, Texas; the said 0.15 acre intended to be utilized as a public utility gas line easement; and the said 0.15 acre tract being more particularly described by metes and bounds as indicated; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. The easement, right -of -way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: gas lines, connecting lines, access facilities and related equipment, systems and structures, all necessary appurtenances, pipes and all other subsurface structures, and any necessary accessories, or operations. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual, provided however that said easement, rights, and privileges shall cease and revert to Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, right -of -way, rights and privileges granted herein are non - exclusive. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the utilities contemplated herein, and Grantee may require reasonable safeguards to protect the integrity of the utilities thereon. le- 09-a-i9 -9,61 O:\waa,CORR!!t ,,, t1000J9O,O wrnr a 1 TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, together with all and 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 utilities and for making connections therewith, and Grantor does hereby bind itself, its successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and singular, the said easement and rights and interests unto TXU GAS COMPANY, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. (� IN WI SS WHE OF, Grantor has caused this instrument to be executed on this the 19 day of the month of 2002. ATTEST: Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Christine R. Martinez, City Secretary GRANTOR: CITY OF ROUND ROCK, TE By: 2 xwell, Mayor THE STATE OF TEXAS COUNTY OF WILLIAMSON AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 ACKNOWLEDGMENT § This ' strument was acknowledged before me on this the / 9 day of the month of 2002, by Nyle Maxwell, Mayor of the City of Round Rock, Texas, in the capacity and for the purposes and consideration therein expressed. 0Juukinv k Notary Public, State of Texas 3 0.15 ACRE GAS LINE EASEMENT CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS BEING 0.15 ACRES, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT No. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 1.08 ACRE TRACT CONVEYED TO THE CITY OF ROUND ROCK, RECORDED IN DOCUMENT No. 2000049244, OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND MUNICIPAL CENTER, PHASE 1 (AN AMENDING PLAT), RECORDED IN CABINET V, SLIDES 348 -349, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.15 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 1/2 iron rod found with cap for the southwest corner of herein described tract, same being the southwest corner of the remainder portion of said 1.08 acre tract, and the southeast corner of a 1.57 acre tract conveyed to John D. Robertson, recorded in Volume 486, Page 138, Deed Records of Williamson County, Texas; THENCE the west line of said 1.08 acre remainder tract and the east line of said 1.57 acre tract, tract N 19 °38'08 "W a distance of 335.89 feet to a point from which an 1/2" iron rod found bears, N 19 °38'08"W a distance of 13.93 feet to the northwest corner of said 1.08 acre remainder tract; THENCE over and across said 1.08 acre remainder tract, N 70 °47'18 "E a distance of 54.82 feet to a corner in the south line of a 0.27 acre tract, conveyed to Jeanne S. Umstaddt, recorded in Volume 2068, Page 939, Official Records, Williamson County, Texas, same being in the north line of said 1.08 acre remainder tract, continuing with the north line of said 1.08 acre remainder tract and the south line of said 0.27 acre tract in all a distance of 105.03 feet to a point for the northern most corner of said 1.08 acre remainder tract; THENCE with the northeast line of said 1.08 acre remainder tract, S 62 °38'48 "E a distance of 20.66 feet to a point; THENCE over and across said 1.08 acre remainder tract, S 70 °47'18" W a distance of 104.12 feet to a point; THENCE continuing over and across said 1.08 acre remainder tract, S 19 °38'08 "E passing the west line of said Municipal Center, Phase 1 at a distance of 287.71 feet, and 290.38 feet, continuing in all a distance of 320.78 feet to the POINT OF BEGINNING and containing 0.15 ACRES more or less. THE STATE OF TEXAS COUNTY OF TRAVIS That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 1st day of August, 2002 A.D. Carter & Burgess, Inc. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 T: Umdex \Pdesc\2002\Draft \Pd02- 087.SCO doc PROPERTY DESCRIPTION KNOW ALL MEN BY THESE PRESENTS: PD02 -087 (SCO) AUGUST 1, 2002 C &B PROJECT NO. 050188.001.2.0011 John Strawbridge Registered Professional Land Surveyor No. 4283 - State of Texas EXHIBIT LINE TABLE LINE BEARING LENGTH Li S62°38'48'E 20.66 L2 S7021'52'W 15.00 P.R.W.C.T. 0.P.R.W.C.T. D.R.W.C.T. SKETCH to ACCOMPANY DESCRIPTION No. PDO2 arter & Burg, Carter C o d .Burgess 2705 Bee Cave Road Inc. Suite 300 Austin, Texas 78746 Phone: 512 314.3100 Coe. 512 32&6672 reelv rem Consultants in Surveying, Engineering, Architecture, Construction Management, and Related Services N1938 13.93' SCALE : I" = 60' AUGUST, 2002 WILLIAMSON COUNTY, TEXAS JOHN D.ROBERTSON 1.57 AC. VOL.485, PG.133 0.P.R.W.C.T. 1.08 LA ACRE co. • TRACT O.R.W.C.T. LEGEND JEANNE 5. UMSTADDT 0.27 AC. VOL. 2068, PG. 939 O.R.W.C.T. 0° 04 0.15 ACRES 0 15' crrY OF ROUND ROCK REMAINDER OF 1.08 AC. DOC42000049244 0.P.R.W.C.T. MUNICIPAL '.• '• CENTER • , PH. 1 • ' • • 2.67' • • . .. ..................... • IRON ROD FOUND P.O.B. POINT OF BEGINNING OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS DEED RECORDS OF WILLIAMSON COUNTY, TEXAS P.O.B. Ll DETAIL NOT TO SCALE o. r sr...utvnr.nlee OD. n01..,P5(17 dwo 0502-087 2002/08/0103 14 5. Owens5C, C6 Ausltn Survey REMAINDER OF art OF ROUND ROCK TRACT NO. 2 (3.1 AC.) VOL. 447, PG. 105 / D.R.W.C.T. MUNICIPAL CENTER PHASE 1 IAN AMENDING PLAT/ CAB. V, SLIDES 348-349 P.R.W.C.T. n PN\i" GON" BP's czo"I Page 2 of 2 w N - 4- e - s Municipal Office Campus " ROCK. TEXAS PURPOSE FASSIO, OSPWT