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CM-12-10-198csit,12.10_118 RECEIV€B ermsq12 ROUND ROCK, TEXAS City Manager Approval Form PURPOSE. PASSION. PROSPERTY Item Caption: Consider executing Easement and Right of Way in favor of Oncor Electric Delivery Company, LLC related to Dell Diamond. Approval Date: Department Name: October 5, 2012 General Services Project Manager: Chad McDowell Assigned Attorney: Steve Sheets Item Summary: 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, surfaces mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, across and upon Grantor's land described above. No. of Originals Submitted: 2 Project Name: Easement and Right of Way in favor of Oncor Electric Delivery Company, LLC Cost: Source of Funds: Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 10/3/12 Department Director Approval: Date: **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP I I ❑ Budget N/A OK a❑ N/A OK Purchasing ❑ El N/A OK Accounting Ell 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 STATE OF TEXAS COUNTY OF Williamson 110101 1111 111111 1111111111111111 EASEMENT AND RIGHT OF WAY § § § 11011011 II ESMT 3 PGS District: Round Rock WR #: 3170195 ER # 2012085069 KNOW ALL MEN BY THESE PRESENTS: That 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 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. c'w- (2- (o -ti 8 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 ther of. EXECUTED this// day�/ /- of , 20 City of Round Rock, Texas Steve Norwood, City Manager STATE OF TEXAS COUNTY OF WILLIAMSON 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 executed the same as the act and deed of the City of Round Rock, as the City Manager thereof, for the purposes and consideration therein expressed, in the capacity therein stated and that he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L2 -i- day of , A.D. 20 (Z . ;;��."•s ;\ SARA LEIGH WHITE MY COMMISSION EXPIRES July 11,2016 C-raiwkA- ditte- Notary Public in and for the State of Texas "EXHIBIT A" CURVE TABLE No. DELTA RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING 1 C1 89'59'57" 18.00 28.27 25.46 N7122'45"W I LOT 4. BLOCK •A• *PARKLAND) ROUND ROCK EXPRESS SUBDJV SION SECTION ONE CABI5, SLIDES 155-160 nA9 31 1.E, 361.25 ;1 c-' , �o ( X I O r �- 5.902 ACRES ry (257.080 SQ. LOT 2, BLOCK 'A A �N ROUND Rad( EXPRxLv % LOT 6, BLOCK sU8DIV1s1oN Y.l . ROUND 4s.3t • . FT.) �_ 'C' TP ROCK THREE 59-61 50' ACCBS EASEMENT AG8EETCTR DOCUMENT NO. 2004869004 cAsueET v axes 59-6) 232 Al E 62 NET LEGEND . p P.O.B. P.O.C. a, 1/2" 1/2" "BURY+PARTNERS" POINT POINT ' O r- ED N 3 p0 N w) CV IRON ROD FOUND IRON ROD SET W/ CAP OF BEGINNING OF COMMENCING a-- \P'' a eft �`_ \! ,,,\O. �1`� r� P, \ ' M cam./ M W m a N io 0) *2388' TO NOLAN RYAN BLVD. SECTION ONE EXPRESS SUBDIVISION CAB. 5, SLS. 155-I .1 SECTION CAB. Y, SLS. zoFTXZafiT 1rSGM-ate FAD 56337'12"W 648.97' oN ry' LOT 5, BLOCK ' B' M ROUND ROCK EXPRESS i4e SUBDIVISION - e/ BECT10N TWO NCAB. W, 51.5. 358-340 N O .-- 56337'12'W 515.97' LOT Sa, • CPRESS ROUND ROCKCK EXPRESS SUBDNISION SECTION THREE IA REPLAY) CAB. Z, SLS. 116-118 50' PUBLIC U0)1Y EAS DOCUMENT 00. 2000001728— CABINET Y. SLIDES 59-61 1163'37'12"E 278.02' —.61 PO.0 f ROB..,"56337'12"W rLJ?`"Gt*e.� N` Nal- (\ 47.20' ) •----K,sE ". E,....... To _ .S HIGHWAY NO. 79 . �'� L� L� (R.0.W. Y.1DTM VARIES) N '1 `i ' • , � /1 • U MISSOURI PACIFIC RAILROAD Easement Width: _10 ft Oncor Electric Delivery Company Easement Denotes Easement Scale: N.T.S. The intent of this Exhibit is to pictorially show the approximate location of the easement. It is not intended as an actual survey. Calls shown are references only. No Statement is made to the validity of these calls. GRANTOR: City of Round Rock Lot 2 Block A Round Rock Express subdivision section one Cab. S, SLS 158-160 Parcel number - R402109 District: Round Rock WR# : 3170195