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R-97-12-11-10B - 12/11/1997 RESOLUTION NO. R-97-12-11-1013 WHEREAS, Southwestern Bell Telephone has requested an easement on a strip of land approximately 40' wide and 60' deep on park property located along Greenlawn Boulevard for an equipment switching station, and WHEREAS, Southwestern Bell Telephone possesses the power to condemn real property for acquiring easements and other interests in property upon which to place its telephone equipment, and WHEREAS, Southwestern Bell Telephone has determined that an equipment switching station is needed and the tract described in Exhibit "A" is the only location upon which the facilities could be constructed in the manner best suited to Southwestern Bell Telephone's needs, and WHEREAS, the City hereby determines that the paramount use of the property described in Exhibit "A" is for the equipment switching station to be constructed by Southwestern Bell Telephone, and WHEREAS, after notice as required by law, a public hearing was held on November 25, 1997 in accordance with Chapter 26 of the Texas Parks and Wildlife Code, and WHEREAS, the City Council wishes to grant Southwestern Bell Telephone's request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, K:\-CS\REWLWI\ns11211e.-/119 I. That the City Council hereby determines that there is no feasible and prudent alternative to the use of the above-described park property, and the project includes all reasonable planning to minimize harm to the above-described property, as a park, resulting from the easement requested by Southwestern Bell Telephone. II. That the Mayor is hereby authorized and directed to execute on behalf of the City an Equipment Switching Station Easement to Southwestern Bell Telephone for an equipment switching station, a copy of which is attached hereto as Exhibit "A". 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, and the Act. RESOLVED this 11th day of Dec embe 1997. � 1 CHARLES ,UL P W., Mayor City of Round Rock, Texas ATTEST: J E LAND, City Secretary 2. UUC# 9759330 E T SWITCHING STATION EASEMENT R- 9711-i�-�i-ioa THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS that the CITY OF ROUND ROCK, TEXAS, and its successors and assigns, hereinafter referred to as Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by SOUTHWESTERN BELL TELEPHONE, hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, has this day granted and conveyed, and by these presents does grant and convey, unto the Grantee, a surface easement and right-of-way to construct, install, operate, maintain, inspect, and remove an equipment switching station, in, upon, over, under, and across the following described property, to-wit. See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a strip of land approximately 40' wide and 60' deep, more or less, being a part of the Windy Terrace Sec. One Subdivision, and being a part also of a certain tract of land reserved for a park and detention area adjacent to Greenlawn Boulevard, Round Rock, Williamson County, Texas. Grantor shall retain full use of the permanent easement tract for any purpose not prohibited by the terms of this document and not inconsistent with the easement herein granted unto Grantee. 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 said equipment switching station is abandoned, or shall cease to be used, for a period of five (S) consecutive years. Grantor further grants to Grantee: (a) the right to connect said station with Grantee's communication systems by means of underground cables, conduits, and wires; (b) the right to construct, improve, and maintain a hard-surface roadway suitable for vehicular traffic from Greenlawn Blvd to said station; (c) the right to construct, operate and maintain service lines for utility services upon, over and under said roadway; (d) the right to install a gate across the entrance to the station from Greenlawn Blvd.; and (e) the right to clear and keep cleared any brush, any overhanging tree branches, roots, brush, etc. from the land and roadway. Grantee further agrees: (a) that should Grantee deem it necessary to so disassemble, remove, take down, or clear away any part of the station, roadway, fences, or gates contemplated herein, that Grantee shall replace or restore the Grantor's property to as B:\CITY\&OUNDROC\&A5B!ffil'!'\SIIB%QUIP.BAS/knh si milar acondition as N1NA REMS W wA TEXAS �EXASS reasonably practicable as existed immediately prior to Grantee's taking possession of the land; and (b) Ingress and egress shall be from Greenlawn Blvd. Grantee shall indemnify Grantor, in accordance with law, 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 its agents or employees in the course of their employment. TO HAVE AND TO HOLD the same perpetually to Grantee, and its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said station, and for making connections therewith. It is understood and agreed that Grantor does hereby bind Grantor's heirs, executors, and administrators to warrant and forever defend all and singular the above described easement and rights unto said Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. IN WITNESS WHEREOF, Grantor as caused this instrument to be executed this I1G-Y� day of 3LZZ4YLbVL, 1997. GRANTOR CITY OF ROUND ROCK, TEXAS By:� Charles Culpep e ,Mayor STATE OF TEXAS COUNTY OF Wf x-L/A/USOAJ This instrumen was acknowledged before me on the �( day of RJt,I ta►TI( Q 191f by Charles Culpepper, Mayor of the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, on behalf of said corporation. e; CHRISTINE R.MARTINEZ MY COMMISSION F%PIKES < = August 5,NMI ---- Notary Public, State of Texas AFTER RECORDING RETURN TO: Stephan L. Sheets Brown McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 2. FIELD NOTES FOR A PROPOSED BELL TELEPHONE COMPANY EASEMENT FIELD NOTES FOR 2572 SQUARE FEET OF LAND, MORE OR LESS, BAING4sOUP OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS;"BEING FURTHER DESCRIBED AS BEING A PORTION OF A 2.695 ACRE TRACT OF LAND SHO*N AS A PARR AND DETENTION AREA ON "WINDY TERRACE - SECTION ONE", A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS RECORDED IN PLAT CABINET E AT SLIDES 363-364 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2572 SQUARE FEET OF LAND, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS : BEGINNING at an iron pin, found, being the Northeast corner of Lot 1, Block B and the Southeast corner of a 2.695 acre tract of land shown as a Park and Detention Area, of "Windy Terrace - Section One", a subdivision in Williamson County, Texas, of record in Plat Cabinet E at Slides 363-364 of the Plat Records of Williamson County, Texas, also being located on the curving West R.O.W. line of Greenlawn Boulevard and being the Southeast corner of Subject Tract; THENCE S 61-58-00 W leaving the curving West R.O.W. line of Greenlawn Boulevard and traveling along the North line of the aforementioned Lot 1, Block B and along the South side of the aforementioned 2.695 acre tract, for a distance of 60.00 feet, to an iron pin, set, being the Southwest corner of Subject Tract; THENCE N 28-02-00 W leaving the North line of the aforementioned Lot 1, Block B and traveling inside the aforementioned 2.695 acre tract, for a distance of 40.00 feet, to an iron pin, set, being the Northwest corner of Subject Tract; THENCE N 61-58-00 E still traveling inside the aforementioned 2.695 acre tract, for a distance of 68.84 feet, to an iron pin, set, being located on the East side of the aforementioned 2.695 acre tract, also being located on the curving West R.O.W. line of Greenlawn Boulevard and being the Northeast corner of Subject Tract; THENCE along the East side of the aforementioned 2.695 acre tract and along the curving West R.O.W. line of Greenlawn Boulevard, being a curve to the left, with a radius of 1245.83 and an arc distance of 40.97 feet, whose chord bears S 15-34-05 E for a distance of 40.97 feet, to the PLACE OF BEGINNING, containing 2572 square feet of land, more or less. I, LEO GORDON STEARNS, JR., A REGISTERED PROFESSIONAL LAND SURVEYOR, DO CERTIFY THAT THE COURSES, DISTANCES AND AREA WERE DETERMINED BY A SURVEY ON THE GROUND AND ARE TRUE AND CORRECT. GIVEN UNDER MY HAND AND SEAL, THIS THE 17TH DAY OF SEPTEMBER, 1997. RECORDERS MEMORANDUM y All or pmts of the text on this page was not �d/vim to j� clauly legible for satisfactory moa tion. LEO GORDON S S, JR. REGISTERED PROFESSIONAL LAND SURVEYOR / NO. 4649 STEARNS AND ASSOCIATES, INC. ..aGORDDN STFARIdS:... 11303 TEDFORD STREET / AUSTIN, TEXAS / 78753 �'•..q 4649 ,Q PHONE NUMBER (512) 836-0533 [EXHIBIT -� ,! FILE : D:/CCOGO/97/SEP/GREEN—L.CCC A \ S'�j' t JOB NUMBER 15021 Fm,— L--+ Z MW OOn�IAMSM Is M outify that this ent was EtLED sed M the Ot(icial Pdocumublic Records of County,Texas Dl the dale and time gbmw thereon./ C�'itw RK °P DocN 9759330 WILLIAAESON C"TY,TEXAS R Pages: 3 Date : 12-29-1997 Time : 09:07:44 A.M. Filed R Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. f 13.00 at �7( r STEARNS AND ASSOCIATES, INC. 113U 7EDFORD S7VJrF I AiW1,,ouS 17M f K%4= LOCAL ADDRESS:GREENLAWN BOL LEV ARD R1FFNCE NAME:SOUTHWESTERN BE11.TELEPHONE COMPANI' LEGAL DnC'BRIION:2572 SQUARE FEET OF LAND,MORE OR LESS,BEING A F'OR71019 OF A 2.695 ACRE TRACT OF LAND SW)WN AS A PAIR[AND DlFe"M ARID ON"Wf1D1r.1RRRACR- SKIrI V ONE",A SUBDIVISIDN OF THE[III OF ROUND ROCK,WRIIAMSON COUNTY,TEXAS,ACCVFAMG TO 1ffi MAP OR RAT TIMMWF RBC610BR IN CADI/CE R AT SLURS 361.364 01 FEAT RICOMS OF WHIJAMSON COUN7I',TE7CAS STATB OP 11OCAS 10 THE LIEN HOIDERS ANDIOR OWNERS OF THE PREMLSES SURVEYED COI7 M OF WDLAMSON: 71K UNDMU74®DOES HEREBY C E RTIFI THAT411E SURVEY WAS PEIPORM )ON THE GRMrFD OF 7HE MOFNIM Ll,GAUT DnCRMi MMM AND■CORRECT ANR TEAT AM NO DECRIWANCMI,CONFLK73,OVERLAPPING OF IMPROVEMENTS.VISIBLE UTRM UNES OR RDADS N RACK.ECCTPF AS SHOWN HEREON AND THAT SAD TRACT HAS ACCESS TO AND FROM A DEDICATED ROADWAY,aClE AS SHOWN RMUK NO'R:TIM SPRY WAS RRIpBO.ON SU6BCT TRACT THE ITIH DAY OF SEPIEMBEI,1997. I ST EARNS.R I;E(- TERED PROFESSIONAL IAM SURVEYORI NO,4619 PEED BOOK:DATARE.0 Doc:DICCOODWISep FRE:CCOGOM7/SERPGRm-LC(C JOB NUMM:15121 D _ 7Q D 7aDc,s rn 7a k-, m z i7S r , D � ) _ ,{ D of v-4 �"��•o�s r eR�-!- z m �•' n1 L GORDON STEARNS�S,JR, 0 4649 p i Q� 1� N q0 IN I 1 1 � A 0 SURD rn 0 N 61'58'00"E 68.84' 7 az N F L Qp N rn �I Nil z + C7 V58'oov (.0.00• 3 / i 6P58 00'W 61.38 3 >r rn o — o � W - 1 I` 1 EXHIBIT 1�A1� C �i i op ME u'I uu� III DATE: December 4,1997 SUBJECT: City Council Meeting,December 11,1997 ITEM: 10.B. Consider a resolution granting an easement to Southwestern Bell Telephone for an equipment switching station. STAFF RESOURCE PERSON: Sharon Prete RECOMMENDATION: APPROVAL Southwestern Bell has requested an easement(approximately 60ft.x 40ft.)to construct a switching station at Windy Terrace Park. Staff does not think the switching station will adversly impact the park. Also a public hearing was held on November 25,1997 at the City Council Meeting;no one testified against the proposed project. Southwestern Bell as agreed to construct the facility out of stone or split face concrete. They will also provide landscaping as deemed appropriate.