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CM-11-10-212C-11--Io-211 RECEIVED City Manager Approval Form OCT 192011 Consider executing an Agreement with Atmos Energy for the dedication of a Public Utility Easement in Item Caption: Somerset Park Approval Date: October 21, 2011 Department Name: Utilities and Environmental Services Department Project Manager: Eddie Zapata Assigned Attorney: Steve Sheets Item Summary: The agreement will allow Atmos Energy to install a 4" distribution main in a 20' Public Utility Easement (PUE) through a section of Somerset Park. The project will begin with construction of a transfer station in Atmos Energy exclusive easement thence westward to Lantern Light Drive. There will be no above ground structures in the PUE and Atmos proposes to construct a service entrance in the PUE to their transfer station. No. of Originals Submitted: 2 Project Name: Somerset Park Public Utility Easement Cost: $0.00 Source of Funds: Utility Fund Source of Funds (if applicable): Select Source Fund Account Number: N/A Finance Director Approval: Cheryl Delaney Date: 10/18/11 Department Director Approval: Michael Thane Date: 10/17/11 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.** CI © Budget N/A OK N/A OK Purchasing © Accounting 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 • DECLARATION OF PUBLIC UTILITY EASEMENT (SOMERSET PARK) THE STATE OF TEXAS COUNTY OF WILLIAMSON § § KNOW ALL PERSONS BY THESE PRESENTS: That the CITY OF ROUND ROCK, a Texas home -rule municipal corporation (hereinafter called the "Declarant") has executed this Declaration of Public Utility Easement for the purpose of establishing the following easement in and under the following described property in Williamson County, Texas, to -wit: See Exhibit "A" describing a 0-12/100 of an acre, being a part of the David Curry Survey, Abstract Number 130, being a portion of Lot 11, Block "L", Sam Bass Trails, Section One, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet I, Slide 260 of the Plat Records of Williamson County, Texas, and also being a portion of Lot 36, Block B, Somerset II, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet H, Slide 160 of said Plat Records and as more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. The aforementioned described property is hereinafter referred to as the "Easement". The Easement, rights, and privileges hereby created shall be used solely for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: water lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories, or operations. Except as otherwise stated, the Easement and other rights and privileges hereby created shall be perpetual. The benefits and obligations of the Easement created herein shall constitute benefits and servitudes running with the land. This Declaration may be modified, amended, or terminated by Declarant. EXECUTED this 2 day of 0 (4117 i , 2011. DECLARANT: CITY OF ROUND ROCK, TEXAS By: ACKNOWLEDGMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of , 2011, by Steve Norwood, City Manager for the CITY OF ROUND ROCK, illiamson County, Texas, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 2 Notary Public, State of Texas nine SARA LYM ITE MY COMMISSION EXPIRES Jdy11,2012 EXHIBIT "A' • (.PS • GIS • (_c. tz (.clii,n L,, out RONALD CARROLL SURVEYORSAL September 20, 2011 Field notes for Missouri & Pacific Distribution Regulator Station for 20 feet Public Utility Easement for Atmos Energy for: page 1 of 2 Part of the DAVID CURRY SURVEY, Abstract Number 130, being a portion of Lot 11, Block "L", SAM BASS TRAILS, SECTION ONE, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet 1, Slide 260 of the Plat Records of Williamson County, Texas, and also being a portion of Lot 36, Block B, SOMERSET II, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet FI, Slide 160 of said Plat Records. Beginning at a 1/2 -inch iron rebar found for the northeast comer of Lot 5 of said Block "L", being in the west line of said Lot 11, Block "L", and being in the south right-of-way line of Lantern Light Drive, being a 50 feet right-of-way, from said point, a 60-D nail found at the beginning of a curve to the left where radius is 20 feet in the north Linc of Lot 1, of said Block "L", and being in said south right-of-way line of the drive, bears south 69 degrees -03 minutes -55 seconds west 290-52/100 feet. Thence north 20 degrees -45 minutes -40 seconds west along said west line of Lot 11, Block "L", and the east right-of-way line of said Lantern Light Drive, 50-00/100 fret to a point in the north right-of- way line of said Lantern Light Drive. Thence north 69 degrees -03 minutes -55 seconds east crossing through said Lot 11, Block "L", 20-00/100 feet to a point. Thence south 20 degrees -45 minutes -40 seconds cast along a line 20-00/100 feet easterly and parallel to said west line of Lot 11, Block "L", passing the south line of said Lot 11, Block "L", and the north lite of said Lot 36, Block B, 185-00/100 feet to a point. Thence south 69 degrees -09 minutes -15 seconds west along a line 20-00/100 feet southerly and parallel to said north line of Lot 36, Block B, 56-23/100 feet to a point. Thence south 20 degrees -45 minutes -40 seconds cast 39-23/100 feet to a point in the north line of a 50 feet wide easement described in the deed to Lone Star Gas recorded in volume 427, page 234, and volume 428, page 672 of the Deed Records of Williamson County, Texas. Thence north 84 degrees -16 minutes -45 seconds west along said north line of the Lone Star Gas Easement, 22-35/100 feet to a point. Thence north 20 degrees -45 minutes -40 seconds west 49-21/100 feet to a point in said north line of Lot 36, Block B, and the south line of lot 4, said Block "L", from said point, a 1/2 -inch iron rebar 5302 S. 31" Street • Temple, Texos • 76502 (254) 773-1447 • Fax (254) 773-1728 • resurveysl!resurveyorscom September 20, 2011 page 2 of 2 Field notes for Missouri & Pacific Distribution Regulator Station for 20 feet Public Utility Easement for Atmos Energy for: (continued) found for the southwest comer of said Lot 1, Block "L", bears south 69 degrees -09 minutes -15 seconds west 254-07/100 feet. Thence north 69 degrees -09 minutes -15 seconds east along said north line of Lot 36, Block B, and said south line of Lot 4, Block "L", at 6-03/100 feet pass a 1/2 -inch iron rebar found for the southeast comer of said Lot 4, Block "L", and the southwest comer of said Lot 5, Block "L", and continue in all, 56-24/100 feet to a point for the southeast corner of said Lot 5, Block "L", and being the southwest comer of said Lot 11, Block "L", from said point, a l/2 -inch iron rebar found bears north 44 degrees - 25 minutes cast 0-30/100 of a foot. Thence north 20 degrees -45 minutes -40 seconds west along said east line of Lot 5, Block "L", and said west line of Lot 11, Block "L", 115-00/100 feet to the place of BEGINNING and containing 0-12/100 of an acre, as surveyed. The basis of bearings was taken from the Texas State Plane Coordinate System, Central Zone, NAD 83, in Survey feet, as referenced to the N.O.S. C.O.R.S. Reference Base Station "BIZZ" in Georgetown, Texas whose published coordinate is N=10,201,260.434 E= 3,131,237.379. See attached 8'/:"x 14" sketch that accompanies these field notes. Surveyed June 16, 2011. RONALD CARROLL SUR Ronald Carroll, RPLS President S41Data1RCS lob D$abase 2011%11054 ATMOS _N[&FDRAFMmns M&P Field Nora 20 Fat P.U.E.doo 53023. 31' Street • Temple, Texas • 76502 (254( 773-1447 •'Fox (2541 773-1728 • resu veyeresurveyortcom )y0, BH yrt floe Bon 1pabdsd) LEGEND:. 'Fin N6809 ¢6�k' Hydrant I zo,o(r1 .LANTSRN LIGHT DRIVE • • All Properly Corners are 1/2' Iran Reba Found unless otherwise staled. PCB Point of Beginning P.U,E : Public Welty Easement NOTES: Basis of bwnrgs system Is on the Toros State Plana Coordlnot* System, Central Zone, NAOB3 as risreneed to the NW 'CORS' Bass Station ._t ITIZt b Georgetown. TWO whos6 Northvale R value Is N=10, 1,260.434 E-3,131,237.379 The research for the land boundory property I0s of this tract hoe been jronld d by Ills surveyor 'or his modeles. All other reeeoroh for • document• such os, but not limited to, easements, dud restricltons, reslrktive • covenants, leases. eta are the r ponsiblity of Ihs climb Title Company or other qtd porUe, other than ibis surveyor or company. Rights Reserved. R Thisd Carroll Cure w prodded • All solely for the use of Atmos Energy, and thot no I:oenss hos been created or expressed or Implbd, to copy this survey except as is necessary in canjnction with the origbd controsl. which chi foie place within cis months of this survey. Not valid without original signature and date. cli"d" E P08 36fi•03.551Y �0 290.52' 0 e Block' "L" 4 ysS S I 254.07' 6' Wood Fence . 50-21' .1�R•4a, • •111690916$ �y? g` T Pore 6B. ID-,' y,1 I a I SAM BASS TRAILS SECTION ONE o lila Cabinet I, Slide 260 4 • PARKLAND- AND til DRAINAGE EASEMENT 0 -2 1 �c 1 I IT'°I .1 40 I Lot 11 •N roe-. 0• -(_ _— _ T--7_-- o I , . 15' Public Utitlly Eosement. • • 1*1 1 Lot 36 ' 6 's +( •"she mrJ Block S 111"' ,I_ SOMERSET II —r Sign �o,�e y� oI,j . Cabinet. 1-1, Slide 160 St., 'o'g ��I"7 / ` G g�y �� Poo 11 ►1 v... S e CO.. (47-G"'° % 1 035 P �"io� Y� �/ +` °Cob [r� Thos �� 6614'49 V%�F° ° o °n�°ni' PaS��a� Utilil� Eosemont• .. • . ° 4 ,8 // �ubl • � Detention � Orotno9• i •£ ,0 -0,� 4� �ihe / OSt? '-,.„.• / °,.,nee• j ��?° x�np(�4o8j �¢� �E1i)t XPdo, ,o, / °9D- i / co' Poi Qoga F. / '� ?JI 1iv 023. �• / i \ -C. �`�auMe Sketch showing a Proposed 20 Peet Public Utility Easement on t 96, Block B, of SOMERS.BT IL an addition to the City of Round Rock In I illiamson County, ream as it appears upon the map recorded In Cabinet fl; Slide 260 of the Williamson County Plat Record and part of Lot 11, Block 2" SAM BASS TRAMS' S111C7YON ONB'an addition to the City of Round Rook, in Mlillamson County, Texas as It appears upon the map recorded in Cabinet L Slide 260 of said R7lllemson County Plat Records. Surveyed lime 16, 201 RONALD CARROLL SUR 1 inch = 30 feet 4$; iWilei; 4` Olt ATMOS Energy 110. 11054 TE: 0/26/11 NAME: 11054-A7110S-20 Foot P.U.E. SK: S:/RCS JOBS -2011 OIRAWN BY: CJP FIELD BOOK: PO 41-43