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CM-09-12-243STATE OF TEXAS Hutto SW Station -Round Rock Northeast 138kv 09T80028 COUNTY OF WILLIAMSON Somerset Park Easement Modification Agreement Easement # 19-3 14307-1 For and in consideration of Ten and No/100 Dollars ($10.00), 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 elated October 21, 1976, recorded at Volume 653, Page 213 of the 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 I I- day of tF"R , 20cj, 176815.doc/jmr -aLl Grantor(s): City of Round Rock, Texas, By: Print Name: , Cit4DV Pith 5 Title: 6 ty-Manager ASS; StLt tii' Grly HA iii J 1 STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared City of Round Rock, Texas, a Texas hone rule municipal corporation, by 6 P;tcity manager, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this R 1:›Ea z yvv &apc-,e— , A. D. 2009. e)e144/G. (it(210:1 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 176815.doc/jmr 2 day of 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 Somerset Park Easement #19-3 14307-1. Parks and Recreation Rick Atkins, Director David Buzzell, Park Development Manager This resolution will modify the original easement agreement (dated October 21, 1976) to allow Oncor Electric Delivery to replace the existing wood H -frame poles with single metal poles for the overhead transmission lines through Somerset 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): N/A UPDATED: October 19, 2009 10 19 09 Request for City CounciUCity Manager Action [r-1 City Council LOJ 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 Attomey: J. Kay Gayle City Council or City Manager Approval Date: Agenda Wording Project Name: Oncor Modification Agreement - Somerset 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 Somerset Park Easement #19-3 14307-1. Finance Information Is Funding Required? Yes n No Initial Construction Contract Construction Contract Amendment Change Order # JChange in Quantity EUnforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) Easement Modification Agreement Amount FINANCE N/A Approved El r 0 Finance/CIP L Olsen Finance/Acct E. Wilson Purchasing Budget P. Bryan APPROVALS (to be completed ONLY by Finance) Final Finance Approval Required Date 12/8/2009 Date 12/9/2009 Date Date 12/8/2oo9 APPd Cheryl Delaney; 12/8/2009 Finance Director Date Once approvals have been obtained, please /onward the RFA, blue sheet, back up information and originals to CO Secretary,Sara Wh fa HEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. R uired for Submission of Project Mgr. Signature: Dept. Director Signature: "City Attorney Signatur City Manager Signature: Cou Mena. er Items Date: Date: Date: Date: *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 J]Council Action: ORDINANCE Agenda Wording Project Name: Easement Modification Agreement ContractorNendor: Oncor Electric Delivery Company, LLC n RESOLUTION nCity Manager Approval CMA Wording Consider executing an Easement Modification Agreement with Oncor Electric Delivery Company, LLC regarding Somerset Park Easement #19-3 14307-1. Attorney Approval El -Attorney Notes/Comments Date 57 O:1vx1ox\SCCInts10141 \55511MISCt00177074.XLS Updated 6/3/08