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R-91-1626 - 7/25/19913 KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON 3 STATE OF TEXAS EASEMENT 28759 VOL 2059Pai;E f, Z . > > r - THAT The City of Round Rock,' a Texas municipal corporation," hereinafter called Grantor, fora good valuable consideration, does hereby GRANT, SELL, and CONVEY unto Texas Crushed Stone Company, a Texas corporation, whose address is 5300 IH 35; Georgetown, Texas 78628, hereinafter called Grantee, an easement and right -Of'way for overhead , and /or - underground electric supply and communications lines, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable - appurtenances ipver, under, across, and upon Grantor's land -in the= Ephriam`Evans Survey,'Abstract No. 212, Williamson County, Texas, more particularly described in deed of that certain 13.00 acre tract of land conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of the Deed Records of said county, described as follows: BEGINNING at an iron pin found in the West right -of -way line of the Georgetown Railroad at the Northeast corner of said 13.00 acres, also being the Southeast corner of that certain 0.957 acre 100 -foot wide easement granted to the City of Round Rock by instrument recorded in Volume 853, Page 64 of said Deed Records, for the Northeast corner and POINT OF BEGINNING of the hereinafter described .164 acre easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acres, for the East line hereof, South 06 Degrees 46 Minutes 20 Seconds West, 716.46 feet to an iron pin found at the Southeast corner of said 13.00 acre tract, for the Southeast corner hereof; THENCE departing said West Railroad right -of -way line, along the South line of said 13.00 acre tract, for the South line hereof, South 72 Degrees 17 Minutes 54 Seconds West, 10.99 feet to a point for the Southwest corner hereof: THENCE along a line being ten (10) feet West of and parallel to the East line herein described, for the West line hereof, North 06 Degrees 46 Minutes 20 Seconds East, 716.46 feet to a point in the North line of said 13.00 acre tract, for the Northwest corner hereof; THENCE along the North line of said 13.00 acre tract, for the North line hereof, North 72 Degrees 18 Minutes East, 10.99 feet to the POINT OF BEGINNING of the herein described easement, containing .164 acres or 7164.6 square feet of land more or less. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OL 2059PAa490 Grantor recognizes that the general course of said lines or the metes and bounds as above described,.is based on preliminary surveys only, and Grantor hereby agrees that�the,easement and right -of -way and,its general dimensions hereby granted shall apply to the actual' location of said lines when constructed. 4 i s * i n k ti A f • e + !r= iT -t Together with the rights of ingress and egress along' and .upon said easement and right -of -way' and 'over' and•"acrossy'Grantor's" adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the same general direction of said lines; the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said lines; the right to prevent excavation within the easement area or for a distance of 6 feet on each side of the actual center of said lines; the right to prevent construction of, within the easement area or for a distance of 6 feet on each'side of the actual center of said lines, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and /or convenient operation of said lines and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said 12 foot space, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor's heirs, successors or assigns. This instrument shall be binding upon the successors and assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantor and hold it harmless from any suit, claims, costs, loss or damage which may accrue to Grantor, or third parties from the use of the easement herein granted, caused by the neglect acts of Grantee or its employees or agents. The loss or damage for which Grantee shall indemnify Grantor shall specifically include, but not be limited to, the following: (a) damage to or destruction of any property owned by Grantor (b) personal injury to or damage to property owned, leased or operated by (i) Grantor's employees or agents, (ii) Grantee's employees, agents, or contractors, or (iii) any third parties. Such indemnification shall include all actual monetary costs to Grantor including expenses and attorney's fees. IN WITNESS WHEREOF, this instrument is executed this g07-- 1A day of 1991. ATTEST: Om me) THE STATE OF TEXAS:; COUNTY OF WILLIAMSON • • Pe V i6v,C Notary Public in and for Williamson County, Texas BY: CITY OF ROUND ROC , TEXAS f, 1. x L • t ''' • t, ' 7'R itT2 - BEFORE ME the undersigned authority,` onthis day personally appeared . rillr6 jOBI/spn) •-, : --, Mayor,of the City of Round Rock a Texas Municipal Corporation,-known to me to be the person whose name is subscribed. to the foregoing - instrument, and acknowledged to me that he executed the same for .the purposes and consideration therein expressed, in the capacity therein:stated as the act and deed of said corporation. _ - '" ti- - .'� Nt• .............,..4_.. ‘ •^ "x, S 1 / " ,. Given under my hand and seal of officeJon da of �(Q 1991. �J Ili `\^�i' (f}ry.{ } • `N: .-• "0 : VOL 205911 iPYiy / CHRISfNE R. MARTINEZ Notary public, Stata of Texas My Commiss■on Expires JUNE 22, 1993 VOL 2059PAOE 492 • . • 7.; • . •f r, - • . " , ' " 41 '" t r 1 . - .1 1 4 1 ■ 1 7 1 :7 • I f 77•11. , , r- 1,t( 4 • 5-; • , .,t• :r • 0 4 ,11 ;.1 • 1 1 r .N.1 (°. .'"4 (4J 1 , 1 '* -• 4 t , A * • , V *e• 2 - ,ri■ • " 7; * • " *1 -• — 4, • 4 N:7 STATE OF TEXAS COUNTY OF WILLIAMSON - - 'I I hereby' certify that this instrument was FILED " 9"'S on the date -and at the time stamped hereon r 'by me, 'and was duly RECORDED in the Volume . - • • „ '`''' "' and Page of the named RECORDSof - — Caunty, Texas, as Stamped'hereon b yme, on : ,r 4:=991 ' 14 1 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 COUNTY CLERK '- WILLIAMSON COUNTY, TEXAS X r-• WHEREAS, Texas Crushed Stone Company ( "TCS ") has requested an easement for electrical and communication lines across a certain 13.00 acre tract of land conveyed to the City of Round Rock, and WHEREAS, the City Council wishes to grant TCS's request, 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 for electrical and communication lines across a certain 13.00 acre tract of land conveyed to the City, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 25th day of July, 1991. ATTEST: NE LAND, Ci y Secretary RS07251A RESOLUTION NO. 14410/ MIKE ROBINSON, Mayor City of Round Rock, Texas EASEMENT STATE OF TEXAS 3 } KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON } THAT The City of Round Rock, a Texas municipal corporation, hereinafter called Grantor, for a good and valuable consideration, does hereby GRANT, SELL, and CONVEY unto Texas Crushed Stone Company, a Texas corporation, whose address is 5300 IH 35, Georgetown, Texas 78628, hereinafter called Grantee, an easement and right -of -way for overhead and /or underground electric supply and communications lines, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, across, and upon Grantor's land in the Ephriam Evans Survey, Abstract No. 212, Williamson County, Texas, more particularly described in deed of that certain 13.00 acre tract of land conveyed to the City of Round Rock, Texas, by deed recorded in Volume 853, Page 56 of the Deed Records of said county, described as follows: BEGINNING at an iron pin found in the West right -of -way line of the Georgetown Railroad at the Northeast corner of said 13.00 acres, also being the Southeast corner of that certain 0.957 acre 100 -foot wide easement granted to the City of Round Rock by instrument recorded in Volume 853, Page 64 of said Deed Records, for the Northeast corner and POINT OF BEGINNING of the hereinafter described .164 acre easement; THENCE along said West railroad right -of -way line, being the East line of said 13.00 acres, for the East line hereof, South 06 Degrees 46 Minutes 20 Seconds West, 716.46 feet to an iron pin found at the Southeast corner of said 13.00 acre tract, for the Southeast corner hereof; THENCE departing said West Railroad right -of -way line, along the South line of said 13.00 acre tract, for the South line hereof, South 72 Degrees 17 Minutes 54 Seconds West, 10.99 feet to a point for the Southwest corner hereof: THENCE along a line being ten (10) feet West of and parallel to the East line herein described, for the West line hereof, North 06 Degrees 46 Minutes 20 Seconds East, 716.46 feet to a point in the North line of said 13.00 acre tract, for the Northwest corner hereof; THENCE along the North line of said 13.00 acre tract, for the North line hereof, North 72 Degrees 18 Minutes East, 10.99 feet to the POINT OF BEGINNING of the herein described easement, containing .164 acres or 7164.6 square feet of land more or less. i EXHIBIT 1 Grantor recognizes that the general course of said lines or the metes ar_= bounds as above described, is based on preliminary surveys only, an: Grantor hereby agrees that the easement and right -of -way and its genera_ dimensions hereby granted shall apply to the actual location of sai: lines when constructed. Together with the right of ingress and egress along and upon sail easement and right -of -way and over and across Grantor's adjoini_*_= properties for the purpose of and with the right to construct, maintain_ operate, remove and reconstruct said lines; the right to relocate alor_- the same general direction of said lines; the right to relocate sai= lines in the same relative position to any adjacent road if and as suc: road is widened in the future; the right to lease wire space for th= purpose of permitting others to string or lay wire or cable along sai= lines; the right to prevent excavation within the easement area or for distance of 6 feet on each side of the actual center of said lines; the right to prevent construction of, within the easement area or for a distance of 6 feet on each side of the actual center of said lines, an: and all buildings, structures or other obstructions which, in the sot= judgment of Grantee, may endanger or interfere with the efficiency safety, and /or convenient operation of said lines and their appurtenances and the right to trim or remove trees or shrubbery within, but nc= limited to, said 12 foot space, to the extent in the sole judgment c- Grantee, as may be necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto. Grantc= shall not make changes in grade, elevation or contour of the land withi- the easement area as described above without prior written consent c= Grantee. Grantor reserves the right to use the land within the above describes easement area for purposes not inconsistent with Grantee's use of suc= property, provided such use shall not, in the sole judgment of Grantee interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the saiz Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor'= heirs, successors or assigns. This instrument shall be binding upon the successors and assigns of the parties hereto. By accepting and using this easement, Grantee agrees to indemnify Grantc= and hold it harmless from any suit, claims, costs, loss or damage whit= - may accrue to Grantor, or third parties from the use of the easeme^- herein granted, caused by the neglect acts of Grantee or its employees c= agents. The loss or damage for which Grantee shall indemnify Grantc= shall specifically include, but not be limited to, the following: (a damage to or destruction of any property owned by Grantor (b) persona. injury to or damage to property owned, leased or operated by (_ Grantor's employees or agents, (ii) Grantee's employees, agents, c= contractors, or (iii) any third parties. Such indemnification shall include all actual monetary costs to Grantor including expenses an: attorney's fees. IN WITNESS WHEREOF, this instrument is executed this day of , 1991. ATTEST: THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK, TEXAS BY: BEFORE ME, the undersigned authority, on this day personally appeared , Mayor of the City of Rour= Rock a Texas Municipal Corporation, known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of sai'_ corporation. Given under my hand and seal of office on this the day of , 1991. Notary Public in and for Williamson County, Texas TEXAS •CRUSHED STONE COMPANY P.O. BOX 1000 • GEORGETOWN. TEXAS 78627-1000 • PHONE 512/863-5511. AUSTIN: 255-4405 • FAX 512/244-6055 June 27, 1991 Mr. Jim Nuse City of Round Rock 221 East Main Round Rock, TX 78664 Dear Mr. Nuse: Attached you will find the easement for the power line we discussed earlier this month. Please review and let me know of any changes that need to be made. Yours truly, C. W. Fraser Enc. rg DATE: July 23, 1991 SUBJECT: City Council Meeting, July 25, 1991 ITEM: 12A. Consider a resolution authorizing the City to grant an easement to Texas Crushed Stone for a power line easement. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Texas Crushed Stone has requested an easement from the City for a power line along our East property line at the Water Treatment Plant. This line will not interfere with our property use. Staff recommends that the easement be granted.