R-83-523 - 5/26/1983RESOLUTION NO. 5,23R
WHEREAS, the City has recently acquired a right -of -way
and public utility easement from C.A. Barton to allow access
to one of the City's water storage facilities, and
WHEREAS, it is necessary to run telephone lines to the
storage facility, and
WHEREAS, the City wishes to grant to General Telephone
an easement to install said telephone lines, 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 to General
Telephone to provide telephone lines t. the sto age facility.
RESOLVED this p26 7fi day of Ma
ATTEST:
JO NE LAND, City Secretary
Y L. TONN, ayor
ty of Round Rock, Texas
trX 21 iS48
4
4 /
EASEMENT OF RIGHT -OF -WAY
THE STATE OF Texas EXCHANGE
KNOW ALL MEN BY THESE PRESENTS: LOCATION CODE
COUNTY OF Williamson ORDER N0.
That City of Round Rock
, the Grantor(s), of the County of Williamson
and state aforesaid, for and in consideration of the sum of Ten
Dollars ($10.00 ), and other valuable consideration to it in hand paid by General
Telephone Company of the Southwest, a Delaware Corporation, the receipt and sufficiency
of which is hereby acknowledged and confessed, have this day granted and conveyed and do,
by these presents grant and convey unto General Telephone Company of the Southwest,
P. 0. Box 899, League City, Texas 77573 hereinafter called Grantee, its successors
and assigns, an easement and right -of -way fivp ( 5 ) feet in width,
for the construction, placement, maintenance, operation, alternation, repair, replacement
and /or removal of communication facilities consisting of poles made of wood, metal or
other material, ]tmloW, aerial cable or underground cables, underground conduit, manholes,
wires and all other necessary and desirable fixtures and appurtenances of every kind and
nature for the transmission of energy for communication and other purposes over, under,
upon and across the following described property situated in Williamson County,
State of Texas , to wit:
A 0.162 acre tract of land in the Francis A. Hnvison Survey A295 and being out of a
186 acre tract conveyed to C. A. Barton in Volume 319, Page 524 of the Deed Records of
Williamson County, Texas.
The easement herein granted is 5 feet wide and 281.98 ft. in length located South-
easterly of and adjoining the Northwesterly line of said 0.162 acre tract. The easement
being shown as a dash area on the sketch marked "E hibit A ", hereto attached and made a
part hereof.
The Grantor(s) recognize(s) the general course of said easement, as above described,
is based upon preliminary survey only, and Grantor(s) hereby agree(s) that the easement
hereby granted shall apply to the actual location of said facilities where constructed.
Grantor(s) covenant(s) for himself /ourselves, his /their successors and assigns, not
to construct, place maintain or premit the construction, placement or maintenance of
any building or such structure upon, over or across said easement.
Grantor(s) grant(s) to Grantee the right of ingress and egress over my /our adjacent
lands to or from said right -of -way for the purpose of inspecting maintaining, construction,
repairing, operating, and /or removing said telecommunications systems and any or all fixtures
and appurtenances thereto; the right of grant licenses to electric power companies and
other wire or cable using companies and governmental bodies to jointly use the easement
in similar manner for transmission and /or communications purposes; and the right to trim
or remove such trees and other foliage, overhanging branches, roots, brush and other
obstructions in the easement, to the extent in the sole judgment of Grantee as maybe
necessary to prevent possible interference with the operation of said facilities and /or
equipment or to remove possible hazard thereto.
Grantor(s) hereby agree(s) that this grant of easement includes an aerial easement for
overhand of any crossarms, wire or cable attached to Grantee's poles, anziAcreclantaxtce
, 441 1':♦► W> ►M:a'I:.4..fhl'.11.oOi.0iF.1„♦ Al. o►d.201.1
co wIli'..vw'i` H`9►=)7 .4. .i.( d�fr\ l 5Y•(($•4I1$vs..1//5J....i4• 4r'4W4.Yesc4 ►o4W444
Grantor(s) further covenant(s) and agree(s) that no part of improvements constructe• erected
or placed on said land by Grantee shall be or become or considered as being affixed to
or a part of said realty and that all improvements of every kind and nature constructed,
erected or placed on said land or any part thereof by Grantee or its Licensee, shall remain
the property of the Grantee.
TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee,
its successors and assigns, until such facilities shall be abandoned /or removed.
And I /we do hereby bind myself /ourselves, my /our legal representives, 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 lawfully claiming or
to claim the same or any part thereof.
EXECUTED this
(signature)
(print name) Nicol/4N6 L AND
(signature)
(print name)
THE STATE OF Texas
CITY SECACTALY
TM
2( day of
(signature)
(print name) L,AR 12 y 1, , /DAM
Mayor, City of Round Rock
CORPORATE ACKNOWLEDGEMENT
M1
(signature)
(print name)
CERTIFICATE OF ACKNOWLEDGEMENT FOR INDIVIDUALS
THE STATE OF
County of
This instrument was acknowledged before me on ,19 , by
(signature)
(print name)
Notary Public, State of
My Commission Expires:
THE STATE OF
County of
This instrument was acknowledged before me on
County of Williamson
This instrument was acknowledged before me on
Mayon, City of Round Rock
, 19 , by
(signature)
(print name)
Notary Public, State of
My Commission Expires:
,19 , by
, on behalf of said.ao-Kp ^r'rioo City
(signature)
(print name)
Notary Public, State of
My Commission Expires:
1,, 295
S .0Y ae/
4� ascn 186 pc
05 ge5
t O 52A
9a s 48•
G. o l: 31 9 ,
"EXHIBIT A
4
F min
WEv. s-7
TAT DER
!NOM WY DA
DRAWN 1 FHI'I
l OA T►
APPROVED WT Mti
MIAs= WT DA
SEALS Noac SHEET
LCCATION
GENERAL TELEPHONE COMPANY
OF THE SOUTHWEST
Williamson County Texas
DEWOWWnON
5 Foot Eas.,
Or
I W. n Po.
C.A. Barton
R.F.D. 4
Georgetown, Texas 78626
Dear Mr. Barton:
STEPHAN L. SHEETS
Attorney at Law
FARMERS STATE BANN BUILDING
1111 N. IH 35• SURE 208
ROUND Roca. TEXAS 78664
February 1, 1983
Re: Telephone easements for
water standpipe
As I'm sure you are aware, the City of Round Rock has
recently spent several million dollars to construct an intake
structure, pipeline, and treatment plant for water from Lake
Georgetown. As a result of this project, it is now necessary
to tie in all water facilities maintained by the City with
telephone communication lines so that the complete system can
be monitored at all times. This of course includes the water
facilities located on your property.
However, it is my understanding that for some reason you
are objecting to the placement of a telephone line on
existing power poles to the standpipe. If you are upset with
something the City or one of its contractors has done please
let me know so that it can be corrected. However it is
imperative that telephone lines be run to the standpipe as
soon as possible so that the communication system can be
tested.
Mr. Barton, as a result of the standpipe and other
facilities being on your property, you and the City of Round
Rock need to make every effort possible to get along with
each other. The City will do whatever is right and reasonable
to accommodate you but it is critical that the telephone
lines be installed as quickly as possible. Perhaps I am
wrong, but I simply cannot see how it would adversely affect
you to place an additional line on existing poles. At any
rate, if you do not willingly allow the telephone company an
easement, the City will have no choice but to acquire an
easement through eminent domain proceedings.
AREA CODE 512
TELEPHONE 255 -B80
Page 2
C.A. Barton
February 1, 1983
Please contact my office within five (5) days of receipt
of this letter so that we might discuss any problems you
might have and begin work to solve them and to finish a
project sorely needed by the citizens of Round Rock.
SLS /js
cc: Steve Kallman
Bob Bennett
Sine -
4
Stepan L. Sheets
LIU; ;
STEPHAN L. SHEETS
Attorney at Law
FARMERS STATE BANK BUILDING
1111 N. IN 95 • SUITE 208
ROUND ROCK, TEXAS 78666
Bob Bennett
City of Round Rock
214 E. Main
Round Rock, Texas 78664
DATE: February 8, 1983
SUBJECT: Council Agenda, February 10, 1983
ITEPi: 15 - Executive Session
Land Acquisition.
at"LJ.
952
9' a0'
OVERFLOW
PIPELINE CONTRACTOR
STANDPIPE NO.2
SITE PLAN
1
•
•
•
•
S1.5'
1
•
a" BLIND FLANGE
I
c PRO!OSELI
oo_ 500.000 GAL
w STANDPIPE O1. 8•• BLH FLANGE
LADDER
•
3
fn
0
PROPOSED CHAIN LI
FENCE BY PLANT '
CONTRACTOR
PIPELINE CONTRACTOR SMALL
HAKE CONNECTION TO 14" FLANGED
OUTLET ON TANK
9SI
— v
WATE
ri}
s rat!
1 U �sro YS.r r�,s2ryl