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R-86-899 - 7/24/1986ATTEST: anne Land, City Secretary DLW /jmb Multi -Mate Program Titled: Res Rev. 7/22/86 RESOLUTION NO. O[_k WHEREAS, the City of Round Rock is building a 2.5 M.G.D. Sewage Tract facility; and WHEREAS, this facility requires electricity and other utilities on a permanent basis; and WHEREAS, it is in the best interest of the City of Round Rock to provide an easement for all necessary utilities, Now Therefore, BE IT RESOLVED BY THE COUNCIL. OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized and directed to execute a Public Utility Easement, a copy of such agreement being attached hereto and incorporated herein for all purposes. Resolved this 24th day of July, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS PUBLIC UTIILITY EASEMENT City of Round Rock City of Round Rock Grantor Grantee KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON That City of Round Rock, herein called, Grantor (whether one or more), for a good and valuable consideration paid by the City of Round Rock, Texas, 214 East Main Street, Round Rock, Texas, a municipal corporation, herein called Grantee, receipt of which consideration is hereby acknowledged, does hereby GRANT, SELL. AND CONVEY unto Grantee an easement and right -of - way upon and across the following described property of Grantor: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson. State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is here made for more particular description of said property. The right- -of-way, easement, rights, and privileges herein granted shall be used for the purpose of placing, constructing, operating, enlarging, repairing, maintaining, rebuilding, replacing, relocating and removing water lines, sewer lines, and any and all other public utilities deemed necessary by Grantee, together with all necessary conduits, valves, vaults, manholes, ventilators and appurtenances. TO HAVE AND TO HOLD the above described easement and right -of - way in and to said premises with the right of ingress and egress thereto, together with all and singular the usual rights thereto in anywise belonging, unto the City of Round Rock and its successors and assigns forever. And Grantor does hereby bind its executors, administrators and assigns to WARRANT AND FOREVER DEFEND all and singular, the said premises unto the City of Round Rock, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any Dart thereof. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the premises covered by this grant, without the express written consent of grantee, which consent shall not be unreasonably withheld. Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip. or diminish or substantially add to the ground cover over the pipelines. In addition to the easement, rights, and privileges nerein conveyed, Grantee shall have the right to use for a temporary construction easement so much of the surface of Grantors' property as may be reasonably necessary to construct and install within the right - of - way granted hereby the facilities contemplated by this grant; but in no event shall the temporary construction easement be in excess of that described and depicted on Exhibit "A" attached hereto. JJ EXECUTED this D1 day of 1986. . .. State of Texas County of Williamson This instrument was acknowledged before me on the , 1986, by City of Round Rock. Notary uhlic, State of Texas Printed Name: My commission expires: cla EXHIBIT "A" PAGE 1 OF 2 JULY 14, 1986 FIELD NOTES FOR A 1.425 ACRE PUBLIC UTILITY EASEMENT FIELD NOTES describing a 1.425 acre permanent easement for the purpose of construction and maintenance of public utilities, being upon a 31.372 acre tract conveyed by deed to the City of Round Rock in Volume 768, Page 648, of the Deed Records of Williamson County, Texas, said permanent easement being more particularly described by metes and bounds as follows: BEGINNING at a point in the South right -of -way line of Missouri - Pacific Railroad, also being the Northeast corner of said 31.372 acre tract for the Northeast corner and POINT OF BEGINNING of the hereinafter described 1.425 acre easement; THENCE along the East line of said 31.372 acre tract, for an East line hereof, SOO °29'26 "E, 322.38 feet to a point for the most easterly Southeast corner hereof; THENCE leaving said East property line and continuing through the interior of said 31.372 acre tract, for a South line hereof, the following four (4) courses: 1) S89 °30'34 "W, 30.00 feet to an angle point hereof; 2) NOO °29'26 "W, 17.37 feet to an angle point hereof; 3) S79 °56'58 "W, 728.52 feet to an angle point hereof; 4) S47 °21'18 "W, 201.33 feet to an angle point hereof; THENCE continuing in a southerly direction for an East line hereof, the following five (5) courses: 1) SOO °05'54 "W, 630.34 feet to an angle point hereof; 2) N86 °05'23 "E, 62.57 feet to an angle point hereof; 3) S03 °54'37 "E, 30.00 feet to an angle point hereof; 4) S86 ° 05'23"W, 64.67 feet to an angle point hereof; 5) SOO °05'54 "W, 22.49 feet to a point for the most southerly Southeast corner hereof; THENCE along the South line hereof, N89 °54'06 "W, 30.00 feet to a point in the West line of said 31.372 acre tract for the Southwest corner hereof; THENCE along the West line of said 31.372 acre tract for a West line hereof, N00 °05'54 "E, 753.97 feet to a point for the most westerly Northwest corner hereof; THENCE leaving the West line of said 31.372 acres and continuing in an easterly direction through the interior of same for a North line hereof, the following four (4) courses: 1) S89 ° 54'06 "E, 30.00 feet to an angle point hereof; 2) S42 °38'42 "E, 22.19 feet to an angle point hereof; 3) N47 °21'18 "E, 161.87 feet to an angle point hereof; 4) N79 °56'58 "E, 742.35 feet to an angle point for an interior corner hereof; THENCE continuing in a northerly direction for a West line hereof, NOO °29'26 "W, 263.37 feet to a point in the North line of said 31.372 acre tract, also being in the South right -of -way line of Missouri - Pacific Railroad, for the most northerly Northwest corner hereof; THENCE along said common line for a North line hereof, N69 °01'16 "E, 32.03 feet to the POINT OF BEGINNING of the herein described 1.425 acre easement. SKETCH TO ACCOMPA -NY FIELD NOTES FOR A 1.425 AC . PUBLIC UTILITY EASEMENT 37. 03' /2'42/Air ac SE4 /4/a/a4 P' 4, - 2a ,c_ g ' 86 + _ P - 33.j• ( 3I �\ o 0 \ N n M h o m\ \m ° h 'NO, m M 3 ' 'r0?-,,,, 8 - C \ h H V N 4I• 78 ./9. �\ \ M , p - S B9. M — O.Op \w 1, h hhM s o . a „ Tio� �� 1 hb = ` _ 9 l / pi [r,_ .) . - C 47, _ <. ,c:•,, -C 54'6ET 2 Of ? ✓UC Y ise, /984 /Sy / Haynie & Kallman Inc. CONSULTING ENGINEERS 1106 South Mays Round Rock, Texas 78664 (512) 255 -7861 EXN /B /.7 DATE: July 22, 1986 SUBJECT: Council Agenda, July 24, 1986 ITEM: 13D - Consider a resolution authorizing the Mayor to execute a Public Utility Easement. This easement is necessary to provide electrical power to the 2.5 MGD Wastewater Treatment Plant.