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R-04-12-16-14F6 - 12/16/2004 RESOLUTION NO. R-04-12-16-14F6 WHEREAS, Georgetown Railroad Company ("GRR") wishes to grant to the City of Round Rock a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement comprising 3 . 88 acres of land, and WHEREAS, the Council wishes to accept the terms and conditions of said Easement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2 4 . NYL LL,—ITaydr Ci Round Rock, Texas ST: CHRISTINE R. MARTINEZ, City Secre 1P ry @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41216F6.WPD/sc GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PARCEL 5 Georgetown Railroad Company, a Texas Corporation, of Williamson County, State of Texas, record owner of the real property described in this agreement, for and in consideration of the sum of $ duly paid, the receipt of which is acknowledged, and the further consideration of the performance of the covenants and agreements by the grantee, as set out and expressed in this agreement, grant, to the City of Round Rock, a home rule city of the State of Texas, located in Williamson County, Texas, referred to here as"grantee",the right, privilege, and easement to use and occupy temporarily, during the initial construction of a wastewater line, and appurtenances belonging to that structure, for the accommodation of construction equipment, materials, and excavated earth, over and across that area provided for as an easement herein which is described as that area marked as "50 feet to 100 feet in width as a Temporary Construction Easement' on the plat in Exhibit "A" which area is 3.88 acres, more or less, which are displayed on Exhibit "A" as being adjacent to that 1.294 acre, more or less, tract of land situated in the Ephraim Evans Survey, A-212, Williamson County, Texas, which is also described in Exhibit "A". Exhibit "Kis attached hereto and made a part hereof as if set out in full herein. (The Temporary Construction Easement is sometimes referred to herein as the "property".) As a further consideration of this grant, grantee agrees as follows: Section I Immediately following the initial construction referred to above, grantee shall cause to be removed from the property, including the area of the wastewater line easement, all debris,the old wastewater line, surplus material and construction equipment and leave the premises in a neat and presentable condition. Surplus excavated earth will be mounded neatly over the trench to a depth not exceeding 12 inches, or used for filling and leveling on the premises, or hauled away at the option of the grantors. Section II All of the wastewater line, fixtures, attachments, markers, and appurtenances shall be constructed and kept to a height not to exceed 8 inches above the surface of the ground. EXHIBIT "All GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 1 Section III Grantee, at grantee's expense, shall erect a temporary fence on boundaries of all parts of this temporary construction easement which are not contiguous with the permanent easement which is for the wastewater line as shown on Exhibit "A". Grantee, at grantee's expense, will further remove the temporary fence at the end of construction of the wastewater line. Section 1V During the time of construction, grantee or its contractor involved in the construction, shall secure a policy of owner's and contractor's protective liability insurance with limits of liability of at least$2,000,000.00, naming Georgetown Railroad Company, as the named insured and loss payee. Grantee agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the pipeline. Section V If fences, driveways, structures, temporary buildings, or permanent buildings of the grantors are removed or damaged by the grantee's agents during the initial construction, grantee shall, at grantee's expense, cause the improvements on the property to be repaired and restored to a condition fully equal to that existing before construction operations were commenced. Section VI Following completion of construction, grantee shall cause the prompt restoration to smooth surface contours and neat condition any portion of the trench or trenches which may have settled. Vegetation is to be restored in both temporary and permanent easement areas by Grantee. Section VII The right, privilege and easement granted in this agreement for temporary construction use of those portions of the property as may lie outside the boundaries of the previously mentioned permanent easementwill cease and terminate immediately following the completion of construction, final inspection and inspection of the wastewater line mentioned in this agreement, and the performance by grantee of the conditions and covenants set out in this agreement. Use of the temporary easement will expire on December 31, 2005 unless an extension is granted by Grantor. GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER.LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 2 Section VIII Grantee shall access this construction easement only from the areas where the wastewater line easement and the construction easement enter and leave Georgetown Railroad Company property. Section IX Grantee shall defend, indemnify, and hold harmless Grantor from and against all claims, losses,judgments, and liabilities for or on account of property damages, personal injuries, or death arising out of or in connection with the exercise of the rights and privileges hereby granted. This instrument, and the covenants and agreements contained in it inure to the benefit of and are binding and obligatory upon the successors and assigns of the respective parties. EXECUTED this day of , 2004. GEORGETOWN RAILROAD COMPANY By: W. B. SNEAD, Chairman of the Board CITY OF ROUND ROCK By: NYLE MAXWELL, Mayor THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2004, by W. B. Snead, Chairman of the Board of Georgetown Railroad Company, a Texas Corporation, on behalf of said corporation. Notary Public, State of Texas GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 3 Printed or typed name of notary My commission expires: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the_day of , 2004, by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas, on behalf of said City. Notary Public, State of Texas Printed or typed name of notary My commission expires: GRR TEMP EASE PARCEL 5 WP9 DISK#701 (02-086) GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 4 AUSTIN SURVEYORS P.O.BOX 180243 AUSTIN.TEXAS 78713 2105 JUSTIN LANE#103 (512)4546605 A000mpaniment for plat 1000-SP FIELD NOTES FOR 1.294 ACRES All that certain tract or parcel of land situated in the Ephraim Evans Survey, A-212, Williamson County, Texas and being part of a 260.39 acre tract of land conveyed to Georgetown Railroad Company, Inc. by deed recorded in Volume 880, Page 630 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the occupied East line of a tract of land conveyed to Georgetown Railroad Company, Inc. by deed recorded in Volume 429, Page 179 of the above mentioned Deed Records and on the occupied West line of the above mentioned 260.39 acre tract for the Northwest corner of this tract, from which point a fence comer in the Northwest comer of the said 260.39 acre tract bears N 00049'43"W 343.29'. THENCE N 89015'11" E 25.20 feet to ell comer of this tract. THENCE S 00044'49" E 338.26 feet to an angle point of this tract. THENCE S 65018'32" E 421.22 feet to an angle point of this tract. THENCE S 36047'08" E 416.32 feet to an angle point of this tract. THENCE S 00043'56" E 401.97 feet to an angle point of this tract. THENCE S 15019'04" E 397.91 feet to an angle point of this tract. THENCE S 24037'41" E 398.07 feet to an angle point of this tract. THENCE S 37020'58" E 402.07 feet to an angle point of this tract. THENCE S 0202'56" E 36.33 feet to a point on the North right-of-way line R. M. No. 1431 for the Southeast corner of this tract, from which point a brass disc set in concrete found in an angle point of the above mentioned North right-of-way line bears N 87057'19" E 150.44 feet. THENCE S 87057'19" W 20.00 feet to an ell comer of this tract, from which point a brass disc set in concrete found in an angle point of the above mentioned North right-of-way line bears S 8757'19"W 429.57 feet. THENCE N 02002'56"W 29.96 feet to an angle point of this tract. THENCE N 37020'58" W 397.93 feet to an angle point of this tract. THENCE N 2437'41" W 401.93 feet to an angle point of this tract- THENCE N 15019'04" W 402.09 feet to an angle point of this tract- THENCE ractTHENCE N 00043'56" W 398.03 feet to an angle point of this tract. EXHIBIT "A" 1.294 Acnes Page 2 of 2 THENCE N 3604T08" W 404.73 feet to an angle point of this trate. THENCE N 65'18'32" W 428.78 feet to an angle point of this tract. THENCE N 00044'49" W 330.89 feet to an angle point of this tract THENCE S 89015'11" W 5.17 feet to a point on the above mentioned occupied West line of the said 260.39 acre tract for an ell comer of this tract THENCE N 004943" W 20.00 feet to the POINT OF BEGINNING containing 1.294 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during April of 2002 and are correct to the best of my knowledge and belief. � OF � 4' Clau e F. Hinkle, Jr. R.P.L.S. No. 4629 'CCLAUDE F.HINKLE JR._� r y 4629 o- 9ti 6 Q S U R'4 ' Date 1000ease.doc up, ©Austin Surveyors 2002 Sketch to accompany field notes for a 1 . 294 acre tract of land reference in the Ephraim Evans Survey, A-212, in Williamson County, Texas N8715r,sc 150.4. T1 )p • yb y9 ;:02 ' v Georgetown Railroad Co., Inc. Rem. 260.39 Ac. Vol. 880, Pg. 630 20' S2,,� �, w DISTANCE2� Tt N0702"56 29.98 1 .294 A c. 4 E je�.e�' N T2 SBsi'1 11 5,17 51519 0 20.00 SW43'36'E 401.97' X2.09 reference n T4 NWIS 11 E 25.20 %15090 point M 56 36.33 ti N00'43'56'W 398.03' Q T6 56T 19 20,00 M\6S CC 80or1n9 13"is - Grid North 50' Temporary < M�O IA construction .t1 9 easement 255�6 �00 D 6" M Georgetown Railroad Co., Inc. m Rem. 260.39 Ac. � 50' Temporary � � 'f Vol. 880, Pg. 630 construction �' eaNment ry� ry ~ Field notes prepared 100' TemporaryLEGEND eatement �.� h�' Job I my ro Monument with Bross DISC Found Or- Date. POB POINT OF BEGINNING :-1'- Mit -04 Nov 03 Ta _ fool500 44'49'E 338.28' 11 p0q,/T3 C4 NW"'49-W 330.89' AUSTIN SURVEYORS 2103 Juetta Lane #103 Auetta, Teru 78757 p Austin Surveyors 2002 512-468-6608 4 3 DATE: December 9, 2004 SUBJECT: City Council Meeting - December 16, 2004 ITEM: 14.F.6. Consider a resolution authorizing the Mayor to execute a temporary easement granted to the City by Georgetown Railroad comprised of 3.88 acres adjacent to the said 1.294-acre wastewater line easement. (Parcel 5) Department: Administration Staff Person: Jim Nuse, City Manager Justification: In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH-35, it is necessary to cross property owned by Georgetown Railroad Company. Funding• Cost: The temporary easement is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. Source of funds: N/A Outside Resources: Georgetown Railroad Company Background Information: This Industrial District outlines terms and conditions whereby Texas Crushed Stone and Georgetown Railroad Company may continue to operate outside Round Rock's city limits. The District was first created in 1978 and has been extended four other times. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS lll!IIIllllllllllplilllillllllllllllllllllllllllllllll ESMT 2005022062 8 PGS e GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PARCEL 5 Georgetown Railroad Company, a Texas Corporation, of Williamson County, State of Texas, record owner of the real property described in this agreement, for and in consideration of the sum of_TEN Do"jeS $ JD-. 0 0 , duly paid, the receipt of which is acknowledged, and the further consideration of the performance of the covenants and agreements by the grantee, as set out and expressed in this agreement, grant, to the City of Round Rock, a home rule city of the State of Texas, located in Williamson County, Texas, referred to here as"grantee", the right, privilege, and easement to use and occupy temporarily, during the initial construction of a wastewater line, and appurtenances belonging to that structure, for the accommodation of construction equipment, materials, and excavated earth, over and across that area provided for as an easement herein which is described as that area marked as "50 feet to 100 feet in width as a Temporary Construction Easement" on the plat in Exhibit "A" which area is 3.88 acres, more or less, which are displayed on Exhibit "A" as being adjacent to that 1.294 acre, more or less, tract of land situated in the Ephraim Evans Survey, A-212, Williamson County, Texas, which is also described in Exhibit "A". Exhibit "A" is attached hereto and made a part hereof as if set out in full herein. (The Temporary Construction Easement is sometimes referred to herein as the "property".) As a further consideration of this grant, grantee agrees as follows: Section I Immediately following the initial construction referred to above, grantee shall cause to be removed from the property, including the area of the wastewater line easement, all debris, the old wastewater line, surplus material and construction equipment and leave the premises in a neat and presentable condition. Surplus excavated earth will be mounded neatly over the trench to a depth not exceeding 12 inches, or used for filling and leveling on the premises, or hauled away at the option of the grantors. Section II All of the wastewater line, fixtures, attachments, markers, and appurtenances shall be constructed and kept to a height not to exceed 8 inches above the. surface of the ground. R-0y-12-AP-P4F 4o GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASENIE..","T PAGE 1 r Section III Grantee, at grantee's expense, shall erect a temporary fence on boundaries of all parts of this temporary construction easement which are not contiguous with the permanent easement which is for the wastewater line as shown on Exhibit "A". Grantee, at grantee's expense, will further remove the temporary fence at the end of construction of the wastewater line. Section IV During the time of construction, grantee or its contractor involved in the construction, shall secure a policy of owner's and contractor's protective liability insurance with limits of liability of at least$2,000,000.00, naming Georgetown Railroad Company, as the named insured and loss payee. Grantee agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the pipeline. Section V If fences, driveways, structures, temporary buildings, or permanent buildings of the grantors are removed or damaged by the grantee's agents during the initial construction, grantee shall, at grantee's expense, cause the improvements on the property to be repaired and restored to a condition fully equal to that existing before construction operations were commenced. Section VI Following completion of construction, grantee shall cause the prompt restoration to smooth surface contours and neat condition any portion of the trench or trenches which may have settled. Vegetation is to be restored in both temporary and permanent easement areas by Grantee. Section VII The right, privilege and easement granted in this agreement for temporary construction use of those portions of the property as may lie outside the boundaries of the previously mentioned permanent easement will cease and terminate immediately following the completion of construction, final inspection and inspection of the wastewater line mentioned in this agreement, and the performance by grantee of the conditions and covenants set out in this agreement. Use of the temporary easement will expire on December 31, 2005 unless an extension is granted by Grantor. GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER.LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 2 Y Section VIII Grantee shall access this construction easement only from the areas where the wastewater line easement and the construction easement enter and leave Georgetown Railroad Company property. Section IX Grantee shall defend, indemnify, and hold harmless Grantor from and against all claims, losses,judgments, and liabilities for or on account of property damages, personal injuries, or death arising out of or in connection with the exercise of the rights and privileges hereby granted. This instrument, and the covenants and agreements contained in it inure to the benefit of and are binding and obligatory upon the successors and assigns of the respective parties. EXECUTED this & day of L)eCZM(3EA., 2004. GEORGETOWN RAILROAD COMPANY By: , 'e• W. B. SNEAD, Chairman of the Board CITY OF ROUND ROCK By: E M W L, Mayor THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of/r/,4,� 2004, by W. B. Snead, Chairman of the Board of Georgetown Railroad Company, a Texas Corporation, on behalf of said corporation. =;M TIle W. Notary Pudic Stall of �► Terms =�' Commission Notary u ic, State of Texas u December 3,ZOOS GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 3 AV Printed or yped name of notary My commission expires: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the Flo day of_QGCGrn&' la 2004, by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas, on behalf of said City. Notary Public, State of Texas CHRISTINE R.MART1NEz MY COMMISSION EXPIRES iE;' August 28,2005 Printed or typed name of notary My commission expires: $-01$-06- GRR TEMP EASE PARCEL 5 WP9 DISK#701 (02-086) GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 4 AUSTIN SURVEYORS P.O.BOX 180243 AUSTIN,TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Acoanipanirmwt for plat 1000-8P FIELD NOTES FOR 1.294 ACRES All that certain tract or parcel of land situated in the Ephraim Evans Survey, A-212, Williamson County, Texas and being part of a 260.39 acre tract of land conveyed to Georgetown Railroad Company, Inc. by deed recorded in Volume 880, Page 630 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the occupied East line of a tract of land conveyed to Georgetown Railroad Company, Inc. by deed recorded in Volume 429, Page 179 of the above mentioned Deed Records and on the occupied West line of the above mentioned 260.39 acre tract for the Northwest corner of this tract, from which point a fence comer in the Northwest comer of the said 260.39 acre tract bears N 00°49'43"W 343.29'. THENCE N 89°15'11" E 25.20 feet to ell comer of this tract. THENCE S 00044'49" E 338.26 feet to an angle point of this tract. THENCE S 65018'32" E 421.22 feet to an angle point of this tract. THENCE S 36047'08" E 416.32 feet to an angle point of this tract THENCE S 00043'56" E 401.97 feet to an angle point of this tract. THENCE S 15019'04" E 397.91 feet to an angle point of this tract. THENCE S 24°37'41" E 398.07 feet to an angle point of this tract. THENCE S 37020'58" E 402.07 feet to an angle point of this tract. THENCE S 02002'56" E 36.33 feet to a point on the North right-of--way line R. M. No. 1431 for the Southeast comer of this tract, from which point a brass disc set in concrete found in an angle point of the above mentioned North right-of-way line bears N 87057'19" E 150.44 feet. THENCE S 87057'19" W 20.00 feet to an ell comer of this tract, from which point a brass disc set in concrete found in an angle point of the above mentioned North right-of-way line bears S 87°57'19"W 429.57 feet. THENCE N 0202'56"W 29.96 feet to an angle point of this tract. THENCE N 37020'58"W 397.93 feet to an angle point of this tract. THENCE N 24037'41" W 401.93 feet to an angle point of this tract. THENCE N 1519'04" W 402.09 feet to an angle point of this tract THENCE N 00043'56" W 398.03 feet to an angle point of this tract. EXHIBIT "A" -,'1'.294 Acres Page 2 of 2 THENCE N 36047'08" W 404.73 feet to an angle point of this tratx. THENCE N 65018'32" W 428.78 feet to an angle point of this tract. THENCE N 00044'49" W 330.89 feet to an angle point of this tract. "THENCE S 89°15'11" W 5.17 feet to a point on the above mentioned occupied West line of the said 260.39 acre tract for an ell comer of this tract. THENCE N 00049'43" W 20.00 feet to the POINT OF BEGINNING containing 1.294 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during April of 2002 and are correct to the best of my knowledge and belief. I OFTF i /D Clau a F. Hinkle, Jr. J' R.P.L.S. No. 4629 6CLAUDE F.HINKLE\� JR..r y 4629 �� r Date 1000ease.doc ©Austin Surveyors 2002 Sketch to accompany field notes for a 1 . 294 acre tract of land reference pont in the Ephraim Evans Survey, A-212, in Williamson County, Texas ,d,'5«T <a T1 �� �i cetf�s�,t ,� ►A 9S 200� 30.11 ?�� y Georgetown Railroad Co., Inc. Rem. 260.39 Ac. ,� �9ati5�5 ta Vol. 880, Pg. 630 20 52454` „A �A`95 v UNE I BEARING I DISTANCE ITI 9T gt' N2 T2 SB9'02 56 25.9 1 .294 4 A C. 515 t9 04 a 50 T3 N00'4o 43 20.00 S00 43'S6'E 401.97' 402' reference r1 point T4 NW12 11 E 25.20 Nt5 by 04 O SO2'02 36.33 1 N00'43'56 W 396.03' T6 S8T 19 20.00 k�6� 13 Secrinq Basis Grid North k�O�F rA° constructtiion ry .tt easement D S5 g56 6kX Georgetown Railroad Co., Inc. m Rem. 260.39 Ac. ry 1 Vol. 880, Pg. 630 u 50' Temporary construction easement ti0 ° 100' T em p orary Field notes prepared structlon LEGEND File Nq.:.. — eosement .� �~ Job No.: 1000-177 Wig C h m M Monument with Brass Disc Found Date: Mdy, 2002 cheowd or. y� 6 POB POINT OF BEGINNING 1 -zoo S00'44'49'E 338.26' n N00'44 49'W 330.89' RAY ►- ::e:;tc;ttf:;:::; i?;:;ir' ::.} ;..;? Lane #10 SURVEYORS . . ..;. 2105 Justin AusUsk. Teres 76 67 p Austin Surveyors 2002 312-45�-BA08 '111049NO ®a,CimJ11198 ao;a1q!3ai 41=p pu STM 32>d slip U0 rm atg 3o sued Jo VV . � r kYI1QI�IH2t0Y1i�Y1t S2I�Q2IO�I