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R-86-926 - 10/23/1986WHEREAS, the City of Round Rock is expanding its sewer collection system in southeast Round Rock; and, WHEREAS, one of the easements that is being acquired is from Leigh H. and Linda I. Loveday; and WHEREAS, one of the terms of the easement requires the City of Round Rock to construct or have constructed the sewer line tie -in to the grantor's property at no expense to the grantor in the event that the City of Round Rock requires the grantor to tie into the sewer line in the easement; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor be and is hereby directed to execute the easement acknowledging the City of Round Rock's acceptance of the terms and conditions of said easement, a copy of such Public Utility Easement being attached hereto and incorporated herein for all purposes. Resolved this t2 day of ()66 1986. ATTEST: NE LAND, Ci y Secretary RESOLUTION NO. 9,0,74 .k 20ux MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: October 21, 1986 SUBJECT: Council Agenda, October 23, 1986 ITEM: 9C - Consider a resolution authorizing the Mayor to execute an easement for Leigh H. and Linda I. Loveday. This easement is necessary in order to complete the Southeast Round Rock Water and Wastewater Improvements. 9a6 PUBLIC UTILITY EASEMENT Leigh H. and Linda I. Lovedav City of Round Rock Grantor Grantee STATE OF TEXAS COUNTY OF WILLIAMSON That Leigh H. and Linda I. Loveday, herein called Grantor (whether one or more), for a good and valuable consideration paid by the City of Round Rock, Texas, 214 E. Main, 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, and manholes. 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 Digits 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 part thereof. As additional consideration, Grantee agrees that in the event at any future time Grantee should require that the Grantor's real property which is crossed by this easement be tied into the sewer lines of Grantee, that said Grantee will construct or have constructed the sewer line tie -in to said real property of Grantor at no cost or expense to Grantor whatever, and that said Grantee shall bear all cost and expense of such sewer line tie -in to Grantor's property. 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, however, Grantor may pave over the easement, plant ground cover, or do anything else on the easement not expressly prohibited above as long as it does not substantially interfere with Grantees use of said easement. EXECUTED this [ V\ day of ©Cto k7'r , 1986. D7LOVPU 4) 1 LINDA I. LOVEDAY OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS ';VOL 1 U?AGE L:) RECEIVED ti u v 2 0 1989 KNOW ALL MEN BY THESE PRESENTS yo State of Texas County of Williamson T is instrument was acknowledged before me on the / �� day of , 1986, by Leigh H. Loveday. APPROVED AND ACCEPTED: ATTEST: 4 11,1IL / J anne Land, Secretary By: 71 Notary RAblic, Printed Name: My commission exp es: State, .o Texas County of Williamson This, .,} nstrument was acknowledged before me on the day o , 1986, by Linda I. Loveday. Notary Pdalic, tate of T xas kifo Printed Name: nggIs . .A.., ,r) My commission expires: I D :� y CITY OF ROUND ROCK d Mike Robinson, Mayor EXHIBIT "A" PAGE 1 OF 2 JANUARY 8, 1986 FIELD NOTES FOR A FIFTEEN FOOT (15') PUBLIC UTILITY EASEMENT yai :5 FIELD NOTES describing a permanent easement being fifteen feet (15') in width and a temporary construction easement being fifty feet (50') in width, for the purpose of construction and maintenance of a wastewater line, being upon a tract of land conveyed to Leigh H. and Linda I. Loveday in Volume 833, Page 526, of the Deed Records of Williamson County, Texas, said permanent easement being more particularly described as being seven and one —half feet (7.5') on each side of and adjacent and parallel to its hereinafter described centerline and said temporary easement being seven and one —half feet (7.5') West and forty —two and one —half feet (42.5') East of and adjacent and parallel to the hereinafter described line; BEGINNING for reference at a point for the Northwest corner of said Loveday tract, thence S89 °47'19 "E, 68.06 feet to a point in the North line of said Loveday tract for the northerly, limits and POINT OF BEGINNING of the hereinafter described easement; THENCE through the interior of said Loveday tract the following two (2) courses: 1) S36 °48'03"E, 164.80 feet to an angle point hereof; 2) S19 °04'44 "E, 387.33 feet to a point for the southerly limits and POINT OF TERMINATION of the herein described easement. VOL154OP „GE44,6 SKETCH TO ACCOMPANY Y FIELD NOTES Point of Ref S89 ° 47' 19' E 68.06 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED. in the Volume and Page of the named RECORDS of Williamson County, Texas. as stamped hereon by me, on NOV 15 1989 COUNTY CLERK WILLIAMSON COUNTY, TEXAS Point of Beginning KENNETH M. CARDWELL V3i_.693,PG.4O6 S 36 °48'03 E 164.80' PROP.50'TEMPORARY CONSTRUCTION ESM'T PROP. 15' PERMANENT ESM'T \Point of Termination LEIGH H. & LINDA LOVEDAY VOL. , PG. 521 TOPL TZ DE 1 C c. �.�v, CO, VCL.I200, PG, 655 Exhibit "A” Sheet 2 of 2 Jan. 10,1986 REVISED 7/2/86 s CONSULTING ENGINEERS 1106 South Mays Round Rock, Texas 78664 (5121 255 -7861 'E GO m Haynie ,t KaI man Inc. 0 • R.eitx,u4n, to cri &toot Eoe_k) CIA 6.0) 2buj Rom ao' 1 5 S L ED FOR ONO 14'P1 COUNTY Y .Cl