CM-11-09-192Item Caption:
C'm-11-o1-IR 2
City Manager Approval Form
RECEIVED
SEP 157011
Consider executing an Easement and Right of Way by Oncor Electric Delivery Company LLC regarding the
Water Reuse Treatment Project.
Approval Date: September 16, 2011
Department Name: Utilities and Environmental Services Department
Project Manager:
Jeff Bell
Assigned Attorney:
Steve Sheets
Item Summary:
Oncor Electric Delivery Company LLC, a Delaware Limited Liability Company, requires the execution of this Easement and Right of
Way document in order to provide the City of Round Rock a separate electrical feed and meter to serve our Reuse Water
Treatment Facility. The City of Round Rock's Reuse Water Treatment Facility is currently under construction on a portion of Lot
1, Block A, out of the Final Plat being Brushy Creek Regional Wastewater Treatment Plant. Because the three cities of Cedar Park,
Austin, and Round Rock own the property, all three Cities are required to sign said Easement and Right of Way document, as
grantors.
Public Health and Safety Strategic Initiative
Goal No. 27.0 "Ensure there is an adequate and safe water supply"
Goal No. 28.0 "Protect public health and protect the environment through proper waste disposal"
No. of Originals Submitted: 1
Project Name:
Cost:
Source of Funds:
Phase 1B - Reuse Water Treatment Facilities
N/A
Self -Financed Water Construction
Source of Funds (if applicable): Select Source Fund
Account Number: wr05wwtp
Finance Director Approval: Cheryl Delaney
Date: 9/14/11
Department Director Approval: Michael Thane Date: 9/14/11
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ria Budget Purchasing123 C3 Accounting
N A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
COPY
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS
District: Round Rock
WR #: 3098736
ER #
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That the City of Austin, the City of Cedar Park, and the City of Round Rock, 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, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234,
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 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)
Together with the reasonable right of ingress and egress along and upon said easement
and right-of-way and over and across Grantor's adjoining properties (subject to the prior consent of
Grantor, which shall not be unreasonably withheld, conditioned, or delayed) for the purpose of and
with the right to:
1. construct, maintain, operate, repair, remove, replace, reconstruct, abandon in
place, and to change the size and capacity of said facilities;
2. prevent excavation within the easement area if such excavation shall materially
impair Grantee's use of this easement or endanger the integrity of Grantee's
supporting structures or other facilities;
3. prevent construction of, within the easement area, any and all buildings,
structures or other obstructions which may unreasonably endanger or interfere
with the efficiency, safety, and/or convenient operation of Grantee's facilities and
their appurtenances; and
4. trim or remove trees or shrubbery within said easement area, including by use of
herbicides or other similar chemicals approved by the U.S. Environmental
Protection Agency, (subject to the consent of Grantor, which shall not be
unreasonably withheld, conditioned, or delayed)
as may be reasonably necessary to prevent interference with the operation of said facilities or to
remove 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, which shall not be unreasonably withheld, conditioned, or delayed.
50.3100 CORPORATE ONCOR OWUG DISTRIBUTION EASEMENT LAST REVISED 1/28/09
00231413111.00C
arn' I (-o L°I2--
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
unreasonably interfere with the exercise by Grantee of the rights hereby granted.
Grantee agrees to restore or repair, in a timely manner, the Grantor's facilities, equipment,
or Infrastructure (Improvements) if such Improvements are removed, altered, damaged, or
destroyed as a result of the Grantee's construction, maintenance, and repair activities within the
easement area or Grantor's adjacent land.
Grantor reserves in its sole judgment the right and option to require Grantee to remove its
facilities from the easement area and to move the facilities to another area, upon 180 days written
notice to Grantee. In such event, Grantee shall release this easement, and Grantor shall provide a
reasonable substitute easement and shall reimburse Grantee for all of its actual and reasonable
costs incurred in moving said facilities.
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 daim the same or any part thereof, by, through, and under Grantor, but"not otherwise.
/0? -1-A EXECUTED this / day of i1�L-tJ , 2011.
CITY OF AUSTIN, TEXAS
Assistant City Manager
STATE OF TEXAS
COUNTY OF Williamson
This instrument was acknowledged before me on the /024lay of 2011,
by Rudy Garza, Assistant City Manager, City of Austin, a Texas municipal rporation, on
behalf of that city.
r404`17 ,, DANA F. ESKEW
NOTARY PUBLIC
Stated Texas
Comm. Exp. 01-26-2014
50.3200 CORPORATE ONCOR OHMO DISTRIBUTION EASEMENT LAST REVISED 4128109
00232/96.00C
lti -et 2-4(A)
otary Public, State of Texas
CITY OF ROUND ROCK, TEXAS
B
STATE OF TEXAS
COUNTY OF Williamson §
Steve Norwood, City Manager
This instrument was acknowledged before me on the L d y of ta,g, 2011
by Steve Norwood, City Manager, City of Round Rock, a Texas municipal corporation, on
behalf of that city.
MEAGAN M. SPINKS
Notary Public, State of Texas
My Commission Expires
September 09, 2014
60.3200 CORPORATE ONCOR OHM DISTRISMON FASERIENT LAST RENSED 4l2&D9
00232438.D0C
Notary PubilState o as
at
STATE OF TEXAS
COUNTY OF Williamson
CITY OF CEDAR PARK
By:! ' y
Brenda Eivens, City Manager
11 C
This instrument was acknowledged before me on the day ofc ,2011,
by Brenda Eivens, City Manager, City of Cedar Park, a Texas municipal corp ration, on behalf
of that city.
After recording, return to:
onaor Electric Delivery Company
Land Records
115 W. 7th Street, Suite 211
Ft. Worth, Texas 76102
503200 CORPORATE ONODR MUG DISTRIBUTION EASEMENT LAST REVISED 4/2=9
Notary Public, State of Texas
0.204 ACRES OUT
OF LOT 1, BLOCK A Page 1 of 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.204 ACRE (8,884 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL
SURVEY ABSTRACT NO. 409, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 1, BLOCK A, OUT OF THE
FINAL PLAT BEING BRUSHY CREEK REGIONAL
WASTEWATER TREATMENT PLANT, BY INSTRUMENT
RECORDED IN CABINET DD, SLIDES 272-273, OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
CONVEYED TO CITY OF AUSTIN, CITY OF ROUND ROCK,
AND CITY OF CEDAR PARK, BY INSTRUMENT RECORDED IN
DOCUMENT NO. 2009089310 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.204
ACRE (8,884 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a calculated point having grid coordinates of N=10166672.74, E=3150911.76
and being in the interior of said Lot 1, also being the most northerly comer of the herein
described tract, and from which a W iron rod with plastic cap found being the existing
southerly right-of-way line of the Missouri Pacific Railroad (100' right-of-way width) as
recorded in Volume 17, Page 606 of the Deed Records of Williamson County, Texas, same
being In the northerly boundary line of said Lot 1, bears N 89°38'48° W at a distance of
343.70 feet;
THENCE, through the interior of said Lot 1, the following twelve (12) courses:
1) S 47°15'49" E for a distance of 69.68 feet to a calculated point;
2) N 87°44'16" E for a distance of 469.95 feet to a caicuiated point, for the northeast
comer of the herein described tract and from which a W iron rod with plastic cap
found In said existing southerly railroad right-of-way line, same being the existing
northerly boundary line of said Lot 1, bears N 57°36'54" W at a distance of 475.37
feet;
3) 5 02°15'14" E for a distance of 15.00 feet to a calculated point;
4) S 87°44'18" W for a distance of 35.00 feet to a calculated point;
5) S 02°15'15" E for a distance of 24.00 feet to a calculated point;
0.204 ACRES OUT
OF LOT 1, BLOCK A Page 2 of 3
8) S 87°42'29" W for a distance of 15.00 feet to a calculated point;
7) N 02°15'12" W for a distance of 24.01 feet to a calculated point;
8) S 87°44'18" W fora distance of 458.16 feet to a calculated point;
9) N 02°15'14" W for a distance of 15.00 feet to a calculated point;
10) N 87°44'46" E fora distance of 15.00 feet to a calculated point;
11) N 47°15'53" W for a distance of 54.68 feet to a calculated point;
12) N 42°44'26" E for a distance of 15.00 feet to the POINT OF BEGINNING,
containing 0.204 acres (8,884 square feet) of land, more or less.
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 MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Ste en Tru sdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP.
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
_v/�i'z o//
Date
60 O 50 100
laielie
SCALE 1' • 100'
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
0.204 ACRES
NO.
BEARING
DISTANCE
LI
S 02°15'14' E
15.00'
L2
S 87°44118° W
35.00'
L3
S 029545° E
24.00'
L4
N 02°15'12° W
24.01'
VALLEY BOULEVARD)
U.S. HIGHWAY
PALM jr-W2.——"WING R W'�.• —
,.
MISSOURI PACIFIC RAILROAD -100' R.O.W.
TIONAL AND GREAT NORTHERN RAILROAD)
(INTERNA
VOLUME 17. PAGE 606. O.R W T
N 63°36'45" E 528.24.
NOTES:
0 ALL BEARINGS ARE BASED ON GRIN BEARINGS. DISTANCES ARE
SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD
83. CENTRAL TEXAS ZONE. USING A COMBINED SURFACE
ADJUSTMENT FACTOR OF 0.99988859.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE
REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES
UPON THIS TRACT THAT ARE NOT DEPICTED HEREON.
AS SURVEYED BY:
N
9903e•
g8*
N 42°44'26° E
15.00'
N 47°15'53° W
54.68'
N 02°15'14° W
15.00'
N 87°44'46° E
15.00'
P.O.B.
GRID COORDINATES
N=10166672.74
E=315091176
S 47°15'49° E
69.68'
LEGEND
A
. •
•
E.
CALCULATED POINT
I/2' IRON PIPE FOUND
I/2' IRON ROO FOUND
1/2" IRON ROD WITH
PLASTIC CAP FOUND
PROPERTY UNE
EXISTING POWER POLE
C— EXISTING DOWN GUY
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
RECORD INFORMATION
BRUSHY CREEK REG/ONAL
WASTEWATER TREATMENT PLANT
CAB. 00, SLOB. 272-273
P.R.NC..T,
-1 . ` .•;•..Y,
l• '
DRAINAGE AND
STORMSEWER EASEMENT
PER PLAT
EASEMENT
0.204 ACRES
8.884 SQ. FT.
0
r-
°
' M
4.1er
Lor I 6'16,
BLOCK "A"
6 tuAdzi f toll
M.STEPH TRUES° DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
CITY OF AUSTIN
CITY OF CEDAR PARK
CITY OF ROUND ROCK
(95.511 AC.)
DOC. NO. 2009089310
O.P. . C. T.
•
v.
PROPOSED
REUSE
EASEMENT
1.
J
_1
S 87°42'29°1W
15.00'
INLAND
GEODETICS
PR NAL MN) SURVEYORS
1504 0IgSHOW TRAIL RD. STE. 103
ROUND aoac. Mai
NI.GIT) EX -1210. Foar MX 231-181
1
EASEMENT
0.204 ACRES
8,884 SQUARE FEET
PAGE 3 OF 3