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R-04-12-16-14F8 - 12/16/2004 RESOLUTION NO. R-04-12-16-14F8 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 1 . 99 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, 00 NY WELL, May6 A T: City of Round Rock, Texas � �• . CHRISTINE R. MARTINEZ, City Secret y @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41216F8.WPD/sc GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PARCEL 6 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 in width as a Temporary Construction Easement" on the plat in Exhibit "A" which area is 1.99 acres, more or less, which are displayed on Exhibit "A" as being adjacent to that 0.757 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 ollows: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 0 a11 T R' 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 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 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 6 WP9 DISK#702(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 75718 2105 JUSTIN LANE#103 (512)4544605 Accompaniment for plat 1000-7aP FIELD NOTES FOR 0.757 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 West right-of-way line of Interstate Highway No_ 35 and the East line of the above mentioned 260.39 acre tract for Southeast comer of this tract, from which point a concrete monument found in an angle point of the West right-of-way line of Interstate Highway No. 35 and an angle point of the said 260.39 acre tract bears S 02004'03 E 326.47 feet. THENCE N 55°57'16" 115.43 feet to an angle point of this tract. THENCE N 41024'59"W 168.36 feet to an angle point of this tract. THENCE S 83036'27"W 15.24 feet to an angle point of this tract. THENCE N 06023'33" W 604.48 feet to an angle point of this tract. THENCE N 28006'42" W 396.36 feet to an angle point of this tract. THENCE N 47040'52"W 341.12 feet to an angle point of this tract. THENCE N 0202'56" W 28.16 feet to a point on the South right-of-way line of R. M- 143 1 _1431 for the Northwest corner of this tract, from which point a brass disc set in concrete found on the above mentioned South right-of-way line bears S 88'02'14"W 429.48 feet. THENCE N 88002'14" E with the said South right-of-way line 20.00 feet to an ell comer of this tract, from which point a brass disc set in concrete found on the above mentioned South right-of-way line bears N 88'02'14" E 150.78 feet. THENCE S 02002'56" E 19.72 feet to an angle point of this tract- THENCE ractTHENCE S 47040'52" E 336.15 feet to an angle point of this tract THENCE S 28006'42" E 403.64 feet to an angle point of this tract. THENCE S 06023'33" E 580.27 feet to an angle point of this tract. THENCE S 41024'59" E 186.05 feet to an angle point of this tract. THENCE S 55057'16" E 98.29 feet to a point on the above mentioned West right-of-way line for an ell comer of this tract, from which point a concrete monument found in an angle point of the West right-of-way tine of Interstate Highway No. 35 and an angle point of the said 260.39 acre tract bears N 02°04'03 W 735.84 feet. EXHIBIT "A" 0.757 Acres Page 2 of 2 THENCE S 02004'03" E 24.76 feet to the POINT OF BEGINNING containing 0.757 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 QA� a� OF D�P T e RF�"Q Claude . Hinkle, Jr. M °v1 R.P.L.S. No. 4629 Q C_LAUDE F.HINKLE JR. r � 4629 P 0 �Q S U R`��'p� Date 1000ease.doc D vp'/J ®Austin Surveyors 2002 Sketch 'to accompany field notes for a 0. 757 acre tract of land in the E. Evans Survey, A-212, Williamson County., Texas R. M. 1431 (ROW VARIES) 200' Bros Disc T5 in conch. St?'os•14-Ww found 4.29.48' + ._ Bre oIsc �a 0. concretein found �• abso 7� \�f• .,�fJ. �. f 1 \ �?• \ (A \ \ 00 0. CJ1 N Z dn�\so°�� r\ G o� a•\ � z C �. U) 0.757 Ac. ' + Conmonuumeme nt ' 20' found Georgetown Railroad Co., Inc. o a Rem. 260.39 Ac. u u Vol. 880, Pg. 630 u m 0 00 �o � 1 �\ 50' t b nry con c �- T3 \ easem t 800hn9 Boni Grid North \ UNE BFi1RRiC OlS7µ0� lB Tl N33' 16 113 43 T2 N41'24 SD 199 39 r! T3 serw T 13.24 T4 NOX02 59 28.19 TS POINT OF 14 20.00 N T6 c BECINNWC S02'02 58 19.72 . T7 S41.24 39 196.03 a' TE SSs•s 16 98,29 V�' /Cancraee T9 502'04 03 24.79 i/ f1Or"+^+�^t found F1atd not.. pnepono Qatc NO- Qnw. dn. 19 �AUSMSURVEYORS Lan. *100 © Austin surveyors 2002 Ate. Tm 78997 DATE: December 9, 2004 SUBJECT: City Council Meeting - December 16, 2004 ITEM: 14.F.8. Consider a resolution authorizing the Mayor to execute a temporary easement granted to the City by Georgetown Railroad comprised of 1.99 acres adjacent to the said 0.757-acre wastewater line easement. (Parcel 6) 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 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 !JII!a1JIl!!lIJINIJIIIA!!�II!11!!!11!��I,'!Illllll"lil!IJ!Ill ESMT 2005022061 p • 8 PGS GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PARCEL 6 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 DouAQS $ _10. 00 , 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 in width as a Temporary Construction Easement" on the plat in Exhibit "A" which area is 1.99 acres, more or less, which are displayed on Exhibit "A" as being adjacent to that 0.757 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-Oy-IZ-J 6- I4Fp GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINA' EASEMENT PAGE 1 ` Section III temporary fence on boundaries h ofall shall erect a temp are not contiguous ense, Grantee, Grantee, at grantee's exp easement which rar construction water line as shown on exe dto Aconstruction parts of this tempo y r remove the temporary fence at th Hent easement which ►she the waste perms ense, w►II furt at grantee's exp of the wastewater line. $ection IV tee or its contractor invii{ensurance the time of in the construction, gran protective liability During olicy of owner's and contractor's e own Railroad Company, as naming Georg evidence of construction, shall y of at least$2,000,000.00, agrees to provide satisfactory with limits of liability Grantee overage prior to beginning construction of the pipeline. the named insured and loss payee, such insurance co Section V buildings, or permanent buildings of the If fences, driveways, structures,temporary during the initial construction, ed by the grantee's agentsproperty grantors are removed t damag ense, cause the improvements on before tcti e grantee shall, at grantee's eXp equal to that existing repaired and restored to acondition fully q operations were commenced. Section VI of construction, grantee shall cause the prompt restoration to Following completion condition any portion of the trench or trenches which and permanent d Vegetation temporary smooth surface leontours and nes may have se etation is to be restored m both temp easement areas by Grantee. Section VII d easement granted in this agreement toundafor ries of the The right, privilemporary ge an ro art as may lie outside construction use of those portions of the p p Y nt easement will cease and terminate of the wastewaterline ming entioned permanent action and inspection previously final inspection grantee of the conditions and the completion of construction, erformance by g easement will expire d agreement, and the p temporary mentioned s this a9 reement. Use of the to Grantor. covenants set out in this ag ranted by December 31, 2005 unless an extension is g LAND OF WASTEWATER LINE EASEMENT PAGE 2 GRANT OF TEMPORARY EASEMENT-USN OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION 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 /to day of Q6&__M86r2 2004. GEORGETOWN RAILROAD COMPA Y By: kil _ W. B. SNEAD, Chairman of the Board CITY OF ROUND ROCK By: 4 _ E W LL, Mayor THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the yday of 4_"_Z, 2004, by W. B. Snead, Chairman of the Board of Georgetown Railroad Company, a Texas Corporation, on behalf of said corporation. lNNP Notary PU NC,Stals of Texas W Com *won EmIrm: Notary b ' , State of Texas Osasrobar 3,2M GRANT OF TEMPORARY EASEMENT-USE OF ADJACENT LAND DURING WASTEWATER LINE CONSTRUCTION ON LAND OF WASTEWATER LINE EASEMENT PAGE 3 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. Vii% Printed or typed name of notary My commission expires: /-2 z/e THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the 14 day of D666MBsie, 2004, by Nyle Maxwell, Mayor of the City of Round Rock, Williamson County, Texas, on behalf of said City. �. 14)I Notary Public, State of Texas CHRISTINE R.MARTINEZ CH2lST/1l1 E iP /)')R�2Ti�J6Z " MY COMMISSION EXPIRES Printed or typed name of notary August 28,2005 My commission expires: GRR TEMP EASE PARCEL 6 WP9 DISK 11702(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 9103 (512)4546605 Accompaniment for plat 1000-7aP FIELD NOTES FOR 0.757 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 West right-of-way line of Interstate Highway No_ 35 and the East line of the above mentioned 260.39 acre tract for Southeast comer of this tract, from which point a concrete monument found in an angle point of the West right-of-way line of Interstate Highway No. 35 and an angle point of the said 260.39 acre tract bears S 02004'03 E 326.47 feet. THENCE N 55°57'16" VfJ 115.43 feet to an angle point of this tract. THENCE N 41024'59"W 168.36 feet to an angle point of this tract. THENCE S 83036'27"W 15.24 feet to an angle point of this tract. THENCE N 06023'33" W 604.48 feet to an angle point of this tract. THENCE N 28006'42"W 396.36 feet to an angle point of this tract. THENCE N 47040'52" W 341.12 feet to an angle point of this tract. THENCE N 02002'56" W 28.16 feet to a point on the South right-of-way line of R. M. 1431 for the Northwest comer of this tract, from which point a brass disc set in concrete found on the above mentioned South right-of-way line bears S 88'02'14"W 429.48 feet. THENCE N 88002'14" E with the said South right-of-way line 20.00 feet to an ell corner of this tract, from which point a brass disc set in concrete found on the above mentioned South right-of-way line bears N 88°02'14" E 150.78 feet. ' THENCE S 02002'56" E 19.72 feet to an angle point of this tract THENCE S 47040'52" E 336.15 feet to an angle point of this tract THENCE S 28006'42" E 403.64 feet to an angle point of this tract. THENCE S 06023'33" E 580.27 feet to an angle point of this tract. THENCE S 41024'59" E 186.05 feet to an angle point of this tract. THENCE S 55057'16" E 98.29 feet to a point on the above mentioned West right-0f--way line for an ell comer of this tract, from which point a concrete monument found in an angle point of the West right-of-way line of Interstate Highway No. 35 and an angle point of the said 260.39 acre tract bears N 02004'03 W 735.84 feet. EXHIBIT "A" 0.757 Acres Page 2 of 2 THENCE S 02004'03" E 24.76 feet to the POINT OF BEGINNING containing 0.757 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. �P 0FTF�Q Claude Hinkle, Jr. R.P.L.S. No. 4629 �CLAUDE F.HIN_KLE JR., Q — 4629 .0 o S U Rz po Date I000ease.doc D dpp 0 Austin Surveyors 2002 Sketch to accompanyfield not ies for a 0. 757 acre tract of land n the E. Evans Survey, A-212, Williamson County. Texas R. M. 1431 (ROW VARIES) 200" Brae. Dix T5 in concrete saao2l+w + a foiid 8rose Duo �� . °?. in concrete 1= �• �?j found � \ \ \ \o , 0. NW \ �T/'�� �. V/ o Concrete 0.757 Ac. I ' found I 20' Georgetown Railroad Co., Inc. o a Rem. 260.39 Ac. ► u u Vol. 880, Pg. 630 4 m 1 � V p0 Ui 0 p � �•O o a I + J v p 3�-3 c. o� � � I 00 ,o 50' tG rnporary L eon ctlon eoaenn int Beortnq 90.: — Grid Nortj \ UNE BtF,�R!!G 01STiy r TI NSS 16 11343 9 T2 1441'24 s9 t Tj T3 SBX36 2 1s 24 T5 34 1402'02 56 0108 �+ POINTBEGINF 14 20.T6 S02'02 580 0 19.72 a a T7 S41'24 39 T8 186.03 S3S3 16 �� T9 SOZ04 03 24.78 ment f�� FWd not.. pnpored RECORDERS MEMO 7,�� A7USTM Or, °"RANDUM cnecr.eAll or part of the text on this page was not1aclearly legible for satisfactory recordation. SURVEYORS 1�, 4103 © Austin Surveyors 2002 T. 71!757 AI9—.a.