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R-98-10-22-10B4 - 10/22/1998Mayor Charles Culpepper Mayor Pro-lem Robert St luka Council Members Earl M. Hairston Rick Stewart Earl Palmer Marta Chaves Jimmy Joseph City Manager Robert L. Bennett. Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK January 6, 1999 Mr. Mike Williams, Manager TU Electric /Lone Star Gas Utilities Companies 3110 North IH -35 Round Rock, Texas 78681 Dear Mr. Williams: The Round Rock City Council approved Resolution No. R- 98- 10- 22 -10B4 at their regularly scheduled meeting on October 22, 1998. This resolution approves an easement to provide gas service to Lot 7, City Centre Business Park Subdivision. Enclosed is a copy of the resolution and original easement /right -of -way document for your files. If you have any questions, please do not hesitate to contact me. Sincerely, Enclosure Fax: 512. 218 -7097 Joanne Land Assistant City Manager/ City Secretary 1-800-735-2989 TDD 1- 800-735-2988 Voice www.ci.round -rock tx.us 221 Fast Main Street Round Rack, Texas 78664 512-218-5400 Mike William Manager N Customer Development October 8, 1998 City of Round Rock Public Works Department Mr. Alvin L. Willie 2008 Enterprise Drive Round Rock , Texas 78664 1 °JIJL ECTRIC° ! Lone Star Gas`/ T•x•• tltIlltl•• C•np••1•• RE: Abstract No. 298 Lot 7 " City Centre Business Park" subdivision. Easement and Right of Way Request. Dear Mr. Willie: TU Electric / Lone Star Gas request easement and right of way for the above referenced project in Round Rock, Please tind three copies of each request for easement and right of way. The purpose of this request to be able to serve the " City Centre Business Park " subdivision with natural gas. TU Electric / Lone Star Gas will install a 3" IP poly main from the alley north of W. Main St. and Harris. The gas main will continue south on Harris located approximately 10 Feet off of the property line in Harris to Florence Street. The gas main will cross Florence St. and continue within the requested easement and right of way. The 3" gas main will be located on the centerline of proposed 15 Ft. easement. This will allow TU Electric / Lone Star Gas to serve four potential tracts of land and customers with natural gas. If you have any questions, please call me in our Round Rock office at 310 -3810 3110 North 1H 35 Round Rock, Texas 78681 Mike Williams New Customer Development Manager Round Rock District WHEREAS, Texas Utilities Electric Company and Enserch Corporation have requested an easement and right -of -way in order to provide gas service to Lot 7, City Centre Business Park Subdivision, and WHEREAS, the City Council wishes to grant Texas Utilities Electric Company's and Enserch Corporation'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 in order to provide gas service to Lot 7, City Centre Business Park Subdivision, a copy of which is attached hereto and incorporated herein for all purposes. 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 22nd day of October /1998. ATTEST: LAND, City Secretary \ WPDOCS \RBSOLUTI \RB1022B9.WPD /scg RESOLUTION NO. R- 98- 10- 22 -10B4 50.4200 (Gals Only) • For Metes and Bounds Description THE STATE OF TEXAS COUNTY OF Williamson EASEMENT AND RIGHT OF WAY District: Round Rock ER & WR/Proj.: WR #1109147 Map Ref.: US 834314 ER- N/A § KNOW ALL MEN BY THESE PRESENTS: That City of Round Rock of Williamson County, hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, and ENSERCH CORPORATION,a Texas Corporation, located at 1601 Bryan St., Dallas, Texas, 75201, hereinafter referred to collectively as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right -of -way for gas supply, consisting of a variable number of surface mounted equipment for pipelines, cathodic protection equipment, aerial markers, and all necessary or desirable appurtenances over, under, through, across, and upon Grantor's land described as follows: (See Exhibit " A ") Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, inspect, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said pipelines; the right to relocate along the same general direction of said pipelines; the right to relocate said pipelines in the same relative position to any adjacent road if and as such road is widened in the future; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, 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 pipelines and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said pipelines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantee shall also be entitled to use an additional Ten feet (_10_') of Grantor's adjacent land and additional and as reasonably necessary at road and water crossings for construction purposes, but this right shall terminate upon completion of initial construction of Grantee's facility, and Grantee shall restore said additional land to its preexisting same or similar condition upon completion of construction. 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 the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. Grantee shall have the right to install gates in all existing and future fences crossing the easement and right of way, provided such gates will be installed in a manner that will not weaken such fences. Grantee shall construct and install all of their facilities in accordance with existing regulatory requirements. In addition to the consideration above recited for the easement and right -of -way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and improvements located on the easement and right -of -way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right -of -way, nor for removal of buildings, structures, or obstructions erected upon the easement and right -of -way after granting of this easement and right -of -way. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said lines and pipelines 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 or Grantor's heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. n ,� , EXECUTED this 0)0 — day of (�/L.� be V , A.D. 19 9.R . CEARLE.S mA yo22 Grantor c I Ty OF /PWIUD , r6ms STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared CHARL ,LP &PPS€) , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of -H14 CI Ty OF POND RO; ,e , as the /714 yp2 thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ( T , A.D. 19 9g . CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 My Commission Expires: g - DS - o 1 STATE OF TEXAS § COUNTY OF W ILL// /I6C/v § CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 My Commission Expires: - 5 - C/ Notary Public in and for the State of Texas day of (fM /67JAz / . iniq TiAUG (Print Name of Notary Public Here) BEFORE ME, the undersigned authority, on this day personally appeared C : 1, . 1 ; �� w /7) , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. nn GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ooai day of t.0 , A.D.19 L a . ( Vnati74 Notary Public in and for the State of Texas) cg eAS // F ,e Ingle 774/6 (Print Name of Notary Public Here) BEGINNING on an iron rod set on a point in the southwesterly termination line of Florence Avenue, same being the most northerly corner of said Lot 7, same being the most easterly corner of a 5.840 - acre tract of land as described by Document No. 9720173 of the Official Records of said County, being the most northerly corner and POINT OF BEGINNING hereof; THENCE with the southerly termination line of Florence Avenue, same being the northerly boundary line of said Lot 7, S82 ° 00'00 "E (Bearing Basis /Directional Control Line) for a distance of 22.07 feet to the most easterly corner hereof; THENCE departing the southerly termination of said Florence Avenue, through the interior of said Lot 7, S55 ° 11'06 "W for a distance of 281.48 feet to a point in the southwesterly boundary line of said Lot 7, same being the northerly boundary line of Lot 3 of said Subdivision, being the most southerly corner hereof; THENCE with the southwesterly boundary line of said Lot 7, same being the northeasterly boundary line of said Lot 3, N76 ° 41'13 "W for a distance of 20.14 feet to an iron rod set on a point in the easterly boundary line of said 5.840 -acre Tract, same being the most westerly corner of said Lot 7, being the most northerly corner of said Lot 3, being also the most westerly corner hereof; THENCE with the southeasterly boundary line of said 5.840 -acre Tract, same being the northwesterly boundary line of said Lot 7, N55 ° 11'06 "E for a distance of 278.74 feet to the Point of Beginning hereof, and containing 0.096 acre of land. e ed under the direct erision of the undersigned: & it Jackson Chisholm gistered Professional Land Surveyor No.4295 Job N0. 092- 701 -13 392701es.dsc DESCRIPTION FOR A 0.096 ACRE (4201- SQUARE -FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO.298 IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 7 BLOCK A, "CITY CENTRE BUSINESS PARK" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P SLIDES 303 AND 304 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.096 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Date /9 - 97 SKETCH TO ACCOMPANY DESCRIPTION OF A 15.00 FOOT WIDE NATURAL GAS EASEMENT ( i r ! 1_1 r � Y v AV FLORE P.O.B. \* 2 82 00.00 E , _22.07 IP,S SCALE: 1' =t00• LEGEND \ P.O.B. = POINT OF BEGINNING \ A IRON ROD SET = CPS N IRS IRS 20 .14 Al 76 4p/ W LOT 3 2.953 AC, IRS * BEARING BASIS / DIRECTIONAL CONTROL LIN 0.096 ACRE 15' WIDE NATURAL GAS EASEMENT IRS As Prepa By Cecil Jackson Chisholm, R.P.L.S. #4295 203 E. Main St., Ste. 201 Round Rock, Texas 78664 Tel. 512- 244 -9620 D ate /�i 97 5 az•oo off° E 0 8.93' PROPOSED —� 3" I.P. POLY 'E IRS CITY CENTRE BUSINSS PARK C.45. ° SL. 303 & 304 +0 I.‘ LOT 7 3.027 AC. 15' SANITARY SEWER OR WATER LINES EASEMENT VOL, 575 PG. 154 PAGE 1 OF 1 BLOCK A JOB:892- 701 -13 EASEMENT. DWG DRAWN BY, MM Baker— Aicklen & Associates, Inc. Engineers /Surveyors DATE: October 16, 1998 SUBJECT: City Council Meeting — October 22, 1998 ITEM: 10.B.4. Consider a resolution authorizing the Mayor to execute an easement to Texas Utilities Electric Company and Enserch Corporation on Lot 7, Block A, City Centre Business Park Subdivision which was dedicated to the City of Round Rock by plat for park purposes. Lot 7, was dedicated to the City of Round Rock by plat for park purposes. The easement will provide gas service to the subdivision and is described by a metes and bounds description and sketch accompanying the dedication document. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director.