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CM-09-12-242STATE OF TEXAS COUNTY OF WILLIAMSON Hutto Sw Station -Round Rock Northwest 138kv 09T80028 Old Settler's Park Easement Modification Agreement Easement # 3ER 14381 For and in consideration of Ten and No/100 Dollars (810.00), and other good and valuable consideration, receipt of which is acknowledged by the City of Round Rock, Texas, ("Grantor"), Grantor agrees that the Easement and Right -of -Way dated October 20, 1927, recorded at Volume 234, Page 133 of the deed or real property records of Williamson County, Texas, (the "Easement and Right -of -Way") is hereby modified to grant to Oncor Electric Delivery Company, LLC., a Delaware Limited Liability Company, 115 West 7th Street, Suite 505, Fort Worth, Texas 76102, successor to Texas Power & Light Company, the right to remove the electric transmission line currently existing on the property described in the Easement and Right -of -Way and to erect, construct, reconstruct, inspect, repair, maintain, improve, operate, and remove an electric transmission line, with all necessary appurtenances, including multiple circuits and supporting structures, on the property described in the Easement and Right -of -Way. All other rights granted in the Easement and Right -of -Way which are not in conflict with the terms of this Easement Modification Agreement continue in full force and effect. Executed on the II 4. day of 41.:IfIe, e ivt. .-FC 200 . Grantor(s): City of Round Rock, Texas, By: ((-- Print Name; Title:4/1- 1 76469.do elj 176469.doc/jmr 1 e,M-O1-12- 2(17 Hutto Sw Station -Round Rock Northwest 138kv 09T80028 STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared City of Round Rock, Texas, a Texas home rule municipal corporation, by C;: �t, ;'yx,t. ., itsk",;..,14.1., known to me to be the person whose name is subscribed to the foregoing instrument and ackr%wledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A. D. 2009. itt day of Notary Public in and for the State of Texas AFTER RECORDING RETURN TO: ONCOR ELECTRIC DELIVERY COMPANY LAND RECORDS DEPARTMENT ATTN: LAURA DELAPAZ 115 W. 7TH STREET, SUITE 505 FORT WORTH, TEXAS 76102 2 DATE: SUBJECT: ITEM: Department: Staff Person: Justification: December 7, 2009 City Manager Meeting — December 11, 2009 Consider executing an Easement Modification Agreement with Oncor Electric Delivery Company, LLC regarding OId Settlers Park Easement #3ER 14381. Parks and Recreation Rick Atkins, Director David Buzzell, Park Development Manager This resolution will modify the original easement agreement (dated October 20, 1927) to allow Oncor Electric Delivery to replace the existing wood H -frame poles with single metal poles for the overhead transmission lines through OId Settlers Park. This action is being requested by Oncor Electric Delivery and will be at no cost to the City. All other rights granted in the original easement agreement will remain in effect. Strategic Plan Relevance: N/A Funding: $0 Cost: $0 Source of funds: N/A Outside Resources (if applicable): Oncor Electric Delivery Public Comment (if applicable): All affected sports leagues have been notified that the work will occur sometime during Spring 2010. UPDATED: October 19, 2009 10.19 09 Request for City CounciUCity Manager Action •fl City Council D City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Parks and Recreation Contact Person: Mary fusilier / Tracy Tackett Project Mgr/Resource: David Buzzell Project Coordinator: David Buzzell Assigned Attorney: J. Kay Gayle City Council or City Manager Approval Date: Agenda Wording Fo M nirtWop-tie ONLY DEC 0 9 2009 Received: Tag#: (1,M-O9-1a•"6)44;)k Original Documents Received: Project Name: Oncor Modification Agreement - Old Settlers Park ContractorNendor: Oncor Electric Delivery Funding Source: Additional funding Source: Amount: $ Account Number: 12/11/2009 Consider executing an Easement Modification Agreement with Oncor Electric Delivery Company, LLC regarding Old Settlers Park Easement 43ER 14381. Finance Information FINANCE NIA Approved 00 0E l ED El Il E::1 Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order EJChange in Quantity Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Yes 1 ❑ 1 No E EJUnforeseen Circumstances Other (Please clearly identify action below) Easement Modification Agreement Finance/CIP L.Olsen Finance/Acct Purchasing Budget E. Wilson P. Bryan APPROVALS (to be completed ONLY by Frnaance) Final Finance Approval Required Approved Date. 12/8/2009 Date 12/9/2009 Date Date ,12/8/2009:'. Amount Cheryl Delaney- Finance Director 12/9/2009 Date Once approvals have been obtained. please forward the RFA. blue sheet, back up information and originals to City Secretary, Sara White. ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. R . uired for Submission of AL Project Mgr. Signature: Dept. Director Signature: *City Attomey Signature City Manager Signature: C Coun Man a,erItems Date: (A" t J"1 �t- est- o i la I�-OGI ate: I a ®CI City Attorney signature is required for all items. REVISED 12/9/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Jason Rammel []Council Action: ORDINANCE Agenda Wording Project Name: Easement Modification Agreement ContractorNendor: Oncor Electric Delivery Company, LLC RESOLUTION []City Manager Approval 1 CMA Wording Consider executing an Easement Modification Agreement with Oncor Electric Delivery Company, LLC regarding Old Settlers Park Easement #3ER 14381. Attorney Approval 121'Attorney Date Notes/Comments O:\wrdox\SCClnts10141155511MISC100177063.XLS Updated 6/3/08