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CM-13-05-077 (2)EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF WILLIAMSON District: Round Rock WR#: 3143525 KNOW ALL MEN BY THESE PRESENTS: That the City of Round Rock, Texas, a Texas home -rule municipality, hereinafter called " Grantor", whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, located at 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, their 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 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 road 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. 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 the Grantee, interfere with the exercise by the 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 Grantor hereby binds Grantor and Grantor's heirs, successors, 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 day of CITY OF RO , 2013. ROCK TEXAS Steve Norwood, City Manager STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Steve Norwood, City Manager for the City of Round Rock, Texas, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of WI , A. D. 2013. R,7i SARA LEIGH WHITE MY COMMISSION EXPIRES July 11, 2016 Notary Public in and for the State of Texas 0.051 Acre Tract 2,209 Square Feet Page 1 of 3 EXHIBIT "A" DESCRIPTION FOR A 0.051 (2,209 SQUARE FEET) ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, REPLAT OF CALCASIEU LUMBER ADDITION, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN CABINET P, SLIDES 16-17 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.051 ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING FOR REFERENCE at a Vs" iron rod found for the most easterly northeast corner of said Lot 1, same being the south line of a called 19.180 acre tract as described in a deed to American Freightways, Inc. and recorded in Document No. 2002022587 of the Official Public Records of said County, same being the west right-of-way line of Chisholm Trail (right-of-way width varies); THENCE departing the west right-of-way line of said Chisholm Trail, with the north line of said Lot 1, same being the south line of said 19.180 acre tract, N 89°28' 13" W for a distance of 468.62 feet, for a calculated point hereof; THENCE through the interior of said Lot 1, S 00°31'47" W for a distance of 15.00 feet to a point on the south line of a 15 foot wide Public Utility Easement per said Plat, for the northeast corner and POINT OF BEGINNING hereof; THENCE continuing through the interior of said Lot 1, the following six (6) courses and distances: 1) S 41°35'30" W for a distance of 119.31 feet, for an angle point hereof, 2) S 00°26'50" W for a distance of 9.16 feet, for the southeast corner hereof, 3) N 89°33'10" W for a distance of 25.00 feet, for the southwest corner hereof, 4) N 00°26'50" E for a distance of 25.00 feet, for an angle point hereof, 5) S 89°33'l0" E for a distance of 18.92 feet, for an angle point hereof, and 0.051 Acre Tract 2,209 Square Feet Page 2 of 3 6) N 41°35'30" E for a distance of 98.32 feet to a point on the south line of said 15 foot wide easement, for the northwest corner hereof, from which a 1/2" iron rod with "Baker-Aicklen" cap found for an interior corner on the north line of said Lot 1, same being an angle point on the south line of said 19.180 acre tract bears, N 00°31'47" E a distance of 15.00 feet and N 89°28' 13" W a distance of 399.27 feet; THENCE continuing through the interior of said Lot 1, with the south line of said 15 foot wide easement, S 89°28'13" E for a distance of 19.89 feet to the POINT OF BEGINNING hereof and containing 0.051 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision of the undersigned during April, 2013: Parker J. Graham i197 Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 0601-3-123-22 Filename: W:\PROJECTS\ROUND ROCK SPORTS COMPLEX\METES AND BOUNDS\0.051 ACRE EASEMENT.doc I p i a) A I gym o� a-yD or-ni 11) _r Z fi W:11 o� quu si E d0 E 3SVd ZZ-EZI.-E-1.090 'ON 10310dd M"O I..BE°68N O O O .00'0 105.9Z°OON .26'81 3"01.££°68S Ii BA N89°28'13"W N00°31147"E 15.00' N41 °35'30"E 98.32' W CO CO V O o w n F m Fm N cal wm O • m aNfOd aO2i NOMI 2/1. ONINNI938 AO lNlOd 4a CI OI N .68'61. I£ 6.8Z0689 NN V C in *Fm O m C O t U)I-mZ OOZDm !< Z c Q J u noro,�,mm Z o ' ' td 4nNn� � El WIDM� NT z w-cn n 0 Wo G '-i zm m 73 z 0 (S312ivA H.GIM AVM -d0-1 r 1tV2il WIOHSIHO o- >01 m P T G7 m z 0 MC Wm vm MX 0