R-99-07-08-10C8 - 7/8/1999 RESOLUTION NO. R-99-07-08-1008
WHEREAS, the City desires to convey an easement of approximately
0.5 acres of land to TXU Communications, Inc., said easement to be
utilized for the operation of a telephone switching station, and
WHEREAS, as compensation for the granting of said easement, the
owners of the La Frontera subdivision have dedicated to the City
approximately 0.5 acres of land within said subdivision, 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 to TXU Communications, Inc., a copy of
said Easement being 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 8th day of Ju ZR A A. STLUK , , Mayor
ATTEST: City of Round Rock, Texas
J E LAND, City Secretary
K:\wPDo S\REsOLu x\R907DBce.WPU/cdc
EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON
That the City of Round Rock, a home-rule municipal corporation
(hereinafter called "Grantor") , for and in consideration of Ten
Dollars ($10.00) to Grantor in hand paid by TXU COMMUNICATIONS
COMPANY, a Delaware corporation, whose address is 300 South St. Paul,
Dallas, Texas 75201, has granted, sold and conveyed, and by these
presents does grant, sell and convey, unto said TXU COMMUNICATIONS
COMPANY, and its associated and affiliated companies, its and their
respective successors and assigns (collectively the "Grantee") , the
right, privilege, and easement for the purposes hereinafter set
forth, over, under, across and upon all that certain land in
Williamson County, Texas, more particularly described on attached
Exhibit "A" (the "Property") .
Grantor grants and conveys, and by these presents does grant
and convey, unto Grantee, the rights, privileges' and easements
over, under, across and upon the Property, including rights of
ingress and egress, to construct, improve, reconstruct, tunnel,
trench, move, remove, change the size of, abandon in place,
repair, relocate, inspect, patrol, alter, maintain, and otherwise
occupy, use and operate a Building together with such
Infrastructure and Equipment for or incident to the provision of
Communications and Data Services as the Grantee may from time to
time find necessary, convenient or desirable to erect thereon, the
right to trim and cut down and remove trees, shrubbery and other
obstructions to the extent, in the sole judgment of the Grantee,
necessary to prevent possible interference with the maintenance or
operation of any of said facilities or to remove possible hazards
thereto, and the right to remove or prevent the construction on said
Property of any or all buildings, structures and obstructions. The
rights, privileges and easements shall include a driveway and
parking facility and utility easements for electric, gas, water,
sewage and other utility services incident to the occupancy, use
and operation of the Building as described on attached Exhibit
"A." Grantor and Grantee shall share equally in the costs of
paving the driveway to be constructed by Grantee as described in
Exhibit "A."
Z:\i \R011M1ROC\REALE \TEL-ER 2/c
The term "Building" means a building which Grantee may
construct, modify, add to, maintain, repair and otherwise occupy, use
and operate of approximately sixty (60) feet in width and fifty (SO)
feet in length, or such other dimensions as are reasonably deemed by
Grantee to then be necessary, for containing, interconnecting,
maintaining and operating Grantee's Infrastructure and Equipment and
furnishing Communications and Data Services under the then existing
circumstances, together with fixtures and appurtenances related to
such building and its occupancy, use or operation.
The term "Infrastructure" means the telecommunications, cable
television, Internet service, electronic security system, and
wireless communications facilities and other facilities reasonably
necessary, as determined by the Grantee, for the provision of
Communications and Data Services, including but not limited to all
conduit, cable, wiring, fiber, risers, nodes and antennae,
together with the necessary Equipment and apparatus incident to
the use and operation of such facilities as Grantee may from time
to time find necessary, convenient or desirable in connection
therewith.
The term "Equipment" means switching equipment, routers,
servers, muxes, dacs, control boxes, filters and other equipment,
facilities and materials to assist in the provision of
Communications and Data Services and/or the interconnection of
Infrastructure or Equipment whether or not affixed to the
Property.
The term "Communications and Data Services" means
communications services, including but not limited to
telecommunications service (consisting of local exchange service,
long distance service, both intraLATA and interLATA, pay phones,
and data transmission service) , cable television (consisting of a
basic package of programming, optional premium packages of
programming, and optional pay-for-view programming) , Internet
service (consisting of simple dial-up account to direct dedicated
connections, cable modem capability, web hosting and design) ,
electronic security system, wireless communications service, and
other enhanced or derivative services similar thereto.
The Grantor reserves to itself, its successors and assigns, all
other rights and privileges in and to the Property not otherwise
granted to Grantee, insofar as said use does not, in any respect
whatsoever, unreasonably interfere with or obstruct the occupancy,
use and operation of the easements by Grantee.
2
In the event Grantee shall completely cease to use the easement
for a period of twenty-four (24) consecutive months, all rights
granted herein with respect to the easement shall terminate, and the
easement shall revert to Grantor for all purposes.
TO HAVE AND TO HOLD the above described easement unto said
Grantee, and Grantor does hereby bind itself, and its successors and
assigns, to warrant and forever defend all and singular the easement
unto Grantee, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof, when the claim is by, through,
or under Grantee, but not otherwise.
EXECUTED this day of J U LV 1999.
GRANTOR:
CITY OF ROUND ROCK, TEXAS
I
By(4dStl-. J uka, Mayor
ATTEST:
ty Secretary
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the O pp
�day of
1999, by Robert A. Stluka, Jr., Mayor of Round Rock,
Texas, on behalf of said City.
CHRISTINE R.MARTINEZ
My COMMISUM EXPIAES Notary Public for the State
== Augum 5,2001
of Texas
3
PREPARED IN THE OFFICE OF:
Brown McCarroll Sheets
& Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Rick Albers
100 Congress Ave.
Suite 1400
Austin, Texas 78701
4
JUL _ 90 !° KONIr �.2-322-8;43
Page I of 2
0.303 Acre
13,206 Sq.Ft
DESCRIPTION
FOR A 0.303 ACRE(13,206 SQUARE FOOT)TRACT OF LAND SITUATED IN THE
J. M HARRELL SURVEY, ABSTRACT N0. 284, IN WILLIAWON COUNTY,
TEXAS,BEING A PORTION OF A 0.75 ACRE TRACT OF LAND CONVEYED TO
THE CIIY OF ROUND ROCK, TEXAS, BY INSTRUMENT RECORDED IN
VOLUME 1429,PAGE 462 OF THE OFFICIAL RECORDS OF SAID COUNTY,AND
ALL OF A 0.074 ACRE TRACT OF LAND BEING A PORTION OF A 227.8382
ACRE TRACT OF LAND AS CONVEYED TO 35/45 INVESTORS,L.P.,A TEXAS
PARTMMSHM,BY DjSIRL%&Wr RECORDED AS DOCUMENT NO.9849753 OF
SAID OFFICIAL RECORDS, HAVING BEEN SURVEYED IN CONJUNCTION
WITH A PENDING LAND CONVEYANCE TO THE CITY OF ROUND ROCK,
TEXAS, SAID 0.303 ACRE (13,206 SQUARE FOOT) TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on an iron rod found on a northeasterly corner of said 227.8382 Acre Tract,
some being the northeasterly corner of proposed Lot 4, Block A, La Fromera,
Section MA,ssme being the northwestely corner of a sold 0.074 Acre Tract,also being
the northwesterly corner and POINT OF BEGINNING hereof;from which an iron pipe
found on the northeasterly corner of said 0.75 Acre Tract, bears N 72'01'3T' E a
distance of 199.93 feet;
THENCE in part with the northerly boundary line of said 0.074 Acre Tract and in part
with the northerly boundary line of said 0.75 Acre Tract,N 72'01'37"E for a distance
of 74.08 feet to the northeasterly comer hervat
THENCE through the interior of said 0.75 Acre Tract,S 1'47'02" for Acre rar t,
189.82 feet to an iron rod found on the southaiy boundary
same being a northerly boundary line of proposed Lot 5, of said La Frontem,
Section MA, same being a northerly boundary line of said 227.8382 Acre Tr=, also
being the southeasterly corner hereof,
I E14CE with the southerly boundary line of said 0.75 Acre Tract, same being a
northerly boundary line of proposed said Lot 5,same being a northerly boundary`line of
said 227.8382 Acre Tract,S 71'46' 19^W for a distance of 59.99 feet to an iron rod
found on the southwesterly corner of said 0.75 Acre Tract,same being an angle point of
EXHIBIT A --
Page I of 4--
JU 3 99 KOMA 512-322-8143
Page 2 of 2
0.303 Acre
13,206 Sq.Ft.
proposed said Lot S.same being an angle point of said 227.8382 Acre Tract,also being a
southeasterly comer hereof;
THENCE with the westerly boundary line of said 0.75 Acre Tract,same being an ease-ly
boundary line of proposed said Lot 5, same being an easterly boundary line of said
227.8382 Acre Traci N 14.21'45"W for a distance of 60,19 feet to an iron rod found
on the southeasterly corner of said 0.074 Acre Tract, same being an angle point of
proposed said Lot 5,also being an angle point hereof;
THENCE with the soutberiy boundary line of said 0.074 Acre Tract, same being a
northerly boundary line of proposed said Lot 5,S 710 58'22"W for a distance of 20.57
feet to an iron rod found on the southwesterly corner of said 0.074 Acre Tract, same
being the northwesterly catner of proposed said Lot 5,same being the easterly boundary
line of proposed said Lot 4,also being an angle point hereof;
THENCE with the westerly boundary line of said 0.074 Acre Tract, same being the
easterly boundary line of proposed said Lot 4,N 17°58'48"W for a distance of 130.02
feet to the POINT OF BEGINNING hereof and containing 0.303 (13,206 square feet)
acre of land.
Surveyed under the direct supervision of the undersigned:
aQ.�e s eoF`tf9
• tTdJl t?BtMth+
4M a r?
9,y 0"'Wo
Cecil Jackson CUsbolm Dated
Registered Professional Land Surveyor No.4295
BAKER-AIC I"&ASSOCIATES,INC. /Z - ® g
203 E.Main Street,Suite 201
Round Rock,Texas 78664
(512)2449620
Job No.:1000-701-87 File Name:M;IMAR M3527031WuwT=W.303ACA=
EXHIBIT_1
page -- o
L 8 99 13:410 K ch"! 512-322-8143
SKETCH TO ACCOMPANY DESCRIPTION
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Round Rack, TX 78654
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DATE: July 2,1999
SUBJECT: City Council Meeting—July 8,1999
ITEM: 10.C.8. Consider a resolution authorizing the Mayor to execute an easement
of approximately a 0.5-acre tract to TXU Communications Inc.for the
operation of telephone switching station.Staff Resource Person:Jim
Nuse,Public Works Director.