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CM-11-06-124ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing an Easement and Right of Way agreement with Oncor Electric Delivery Company LLC for service lines to Rabb Park facilities. June 24, 2011 Department: Parks and Recreation Department Project Manager: David Buzzell, Park Development Manager Item Summary: This item will allow the City Manager to execute an Easement and Right of Way agreement with Oncor Electric Delivery Company for overhead electric lines in Rabb Park. The new overhead lines will provide electric service for the new restroom building at Rabb Park, Play for All Abilities Park and a new service feed for the Rabb House. The existing electric service to Rabb House is not sufficient enough to serve the new facilities. This easement is a 15 foot easement located along the northern boundary of Rabb Park. Strategic Plan Relevance: Goal 34.0 — Implement the Parks Plan once adopted. Goal 36.0 — Develop recreation and library options that respond to growing diversity of residents and visitor interests. Cost: $0.00 Source of Funds: N/A RECORDED DOCUMENTS FOLLOW District: WR #: ER # 2011042204 EASEMENT AND RIGHT OF WAY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That the City of Round Rock, Texas, hereinafter called "Grantor", whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1601 Bryan Street, Dallas, Texas 75201, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, across and upon Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as described above, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of-way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. 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, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; 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 facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities 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. 1-a9-124 50.3200 CORPORATE ONCOR OH/UG DISTRIBUTION EASEMENT LAST REVISED 4/28/09 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 Grantee, interfere with the exercise by Grantee of the rights hereby granted. 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 electric lines and facilities 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 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. EXECUTED this 27" day of , 20 / ( . Bv. STATE OF TEXAS COUNTY OF WILLIAMSON Steve Norwood, City Manager BEFORE ME, the undersigned authority, on this day personally appeared Steve Norwood, 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 as the act and deed of City of Round Rock, Texas, as the City Manager thereof, for the purposes and consideration therein expressed, in the capacity therein stated and that he/she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0,7 day of E , A.D. 20 (( . otFi:;:;°, MEAGAN M. SPINKS 41 Notary Public, State of Texas MyCommission Expire _.;�°' September 09, 2014 After recording, return to: Oncor Electric Delivery Company Land Records 115 W. 7th Street, Suite 211 Ft. Worth, Texas 76102 50.3200 CORPORATE ONCOR OH/UG DISTRIBUTION EASEMENT LAST REVISED 4/28/09 Nota Public ' and for the a e of Texas RABB PARK EASEMENT PAGE 1 OF 5 EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 0.971 ACRE (42,303 SQUARE FOOT) TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NUMBER 297, IN WILLIAMSON COUNTY, TEXAS, BEING PORTIONS OF THAT 9.05 ACRE TRACT (TRACT 1) AND THAT 5.7 ACRE TRACT (TRACT 2) OF LAND CONVEYED TO CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN VOLUME 1490, PAGE 660 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THAT 0.887 ACRE TRACT OF LAND BY INSTRUMENT RECORDED IN DOCUMENT NO. 2009082734 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON, COUNTY, TEXAS, SAID 0.971 ACRE (42,303 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found being the southeast corner of a 73.78 acre tract of land conveyed to Phillip W. Warner and wife Alienn Warner by instrument recorded in Volume 491, Page 111 of the Deed Records of Williamson County, Texas, also being in the west line of a tract of land conveyed to Charles Dumas and wife, Frances Dumas by instrument recorded in Document No. 199972826 of the Official Public Records of Williamson County, Texas, same being the northeast corner of said 9.05 acre tract; 1) THENCE, departing said corner, and with the common boundary line of said 9.05 acre tract and said Dumas tract, S 01°55'41" E for a distance of 77.70 feet to a calculated point, and from which a 1/2" iron rod found with cap for witness bears S 01°55'41" E at a distance of 229.89 feet; THENCE, departing said Dumas tract and through the interiors of said City of Round Rock Tracts, the following two (2) courses: 2) S 81°07'32" W for a distance of 342.55 feet to a calculated point; 3) N 08°52'28" W for a distance of 8.81 feet to a calculated point; THENCE, with a line being 20 feet southerly of and parallel with the northerly boundary line of said 9.05 acre tract and continuing through the interior of said City of Round Rock Tracts, the following three (3) courses: 4) S 81°07'32" W for a distance of 167.72 feet to a calculated point; 5) S 86°30'24" W for a distance of 217.35 feet to a calculated point; 6) S 82°12'16" W for a distance of 187.24 feet to a calculated point, being the easterly boundary line of said 5.7 acre tract, same being the westerly boundary line of said 9.05 acre tract; 7) THENCE, with the common boundary line of said 5.7 acre tract and said 9.05 acre tract, N 02°41'00" W for a distance of 4.31 feet to a calculated point; RABB PARK EASEMENT PAGE 2 OF 5 THENCE, departing the westerly boundary line of said 9.05 acre tract and being 15 feet southerly of and parallel with the northerly boundary line of said 5.7 acre tract and continuing through the interior of said City of Round Rock Tracts, the following four (4) courses: 8) S 69°22'43" W for a distance of 574.49 feet to a calculated point; 9) S 63°37'37" W, at a distance of 189.84 feet, pass a calculated point, being the easterly boundary line of said 0.887 acre tract, same being the westerly boundary line of said 5.7 acre tract, and from which a 1/2" iron rod found bears S 39°10'17" E at a distance of 155.13 feet, continuing for a total distance of 205.22 feet to a calculated point; 10) N 39°10'17" W for a distance of 32.17 feet to a calculated point; 11) S 53°41'54" W for a distance of 96.93 feet to a calculated point, being the existing easterly right-of-way line of A.W. Grimes Boulevard (right-of-way width varies) same being the westerly boundary line of said 0.887 acre tract, for the beginning of a curve to the right; 12) THENCE, with the existing easterly right-of-way line, same being the westerly boundary line of said 0.887 acre tract, with said curve to the right, having a delta angle of 01°24'49", a radius of 650.20 feet, an arc length of 16.04 feet, and a chord which bears N 15°32'56" W for a distance of 16.04 feet to a capped 1/2" iron rod found, being the occupied south right-of-way line of Union Pacific Railroad (100' right-of-way width) conveyed to International & Great Northern Railroad Company by instrument recorded in Volume 17, Page 617 of the Deed Records of Williamson County, Texas; 13) THENCE, departing the easterly line of said A.W. Grimes Boulevard and with said occupied south right-of-way line of Union Pacific Railroad, same being the northerly boundary line of said 0.887 acre tract, N 53°41'54" E for a distance of 105.57 feet to a capped 1/2" iron rod found, being the westerly boundary line of a 69.81 acre tract of land conveyed to Phillip W. Warner and wife, Alienn Warner by instrument recorded in Volume 369, Page 299 of the Deed Records of Williamson County, Texas, same being the occupied northeast corner of said 0.887 acre tract; 14) THENCE, departing the occupied south right-of-way line of said Union Pacific Railroad and with the common boundary line of said 69.81 acre tract and said 0.887 acre tract, S 39°04'44" E for a distance of 34.46 feet to a 1/2" iron rod found, being an exterior ell corner of said 69.81 acre tract, same being the northwest corner of said City of Round Rock tract, and being an angle point of said 0.887 acre tract; THENCE, departing the east line of said 0.887 acre tract, with the common boundary line of said 69.81 acre tract and said 5.7 acre City of Round Rock tract, the following two (2) courses: RABB PARK EASEMENT PAGE 3 OF 5 15) N 63°37'37" E for a distance of 194.00 feet to a capped 1/2" iron rod found; 16) N 69°22'43" E for a distance of 580.10 feet to an 80d nail set midway between the top and bottom of a bluff, being the east line of said 69.81 acre tract, the west line of said 73.78 acre tract, also being the northeast corner of said 5.7 acre tract, and being the northwest corner of said 9.05 acre tract; THENCE, departing the easterly boundary line of said 69.81 acre tract and with the common boundary line of said 73.78 acre tract and said 9.05 acre tract, the following nine (9) courses: 17) N 82°12'16" E for a distance of 186.20 feet to an 80d nail set; 18) N 86°30'24" E for a distance of 217.16 feet to an 80d nail set; 19) N 81°07'32" E for a distance of 166.78 feet to an 80d nail set; 20) N 74°41'40" E for a distance of 107.12 feet to an 80d nail set; 21) N 81°14'58" E for a distance of 99.20 feet to an 80d nail set; 22) N 51°11'27" E for a distance of 37.95 feet to an 80d nail set; 23) N 84°43'12" E for a distance of 43.04 feet to an 80d nail set; 24) N 07°11'00" W for a distance of 27.24 feet to an 80d nail set; 25) N 86°49'00" E for a distance of 70.00 feet to the POINT OF BEGINNING containing 0.971 acre (42,303 square feet) of land, more or Tess. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS M)HAND AND SEAL at Round Rock, Williamson County, Texa LI eutc za/ M. Stephen firuesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Date o v, CA 00 pi Dorn rri P1 m 5 30 17 39Vd 00rF.;r'1. ziaDm(n Z Z (n cmm� 0=mcmm -4 X4nm0�C W A D N • 13 6 m�rz(„A - 0 cnzr'' (I c < rr- -71 m m oz o 730 w cn c m * D -I c7 D -4 N r) cn v . - Z= O �z-- 0-- Z O m C m m- K D, r N OZ - 0m0 zmzr 3p4%1H71d"1 cn oov -43 m-or7°D Mx, O D(n 0I -mm 3 n 0) m m "� Z cn D N x, N t Z I -acs �ao< Cmr)z DD G> D 2 nmm 00 N ,.. n0 -Im .;�0Ocn .21 0 Z m `r -4 0, vDf c)0aTa NN cnD m33— z z0 ci� zmcn z� 0 mm O m3 DQD'm �1 cn cocas z umm OZma f c � � Zoom -4 > 0 0� 1 do -4 m > � -4 03 -< � m Z CCO Z N 1 a XI 3� Ov �--1Le cc) ? o m zf 031313 C 3K73 rn m- o Zr. 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RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CA 4 v-{ 0 0 L i f Inn ti vk S\ c N-\ v�