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CM-2018-1749 - 6/14/2018ELECTRONICALLY RECORDED 2018051775 Williamson County, Texas Total Pages: 10 WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF ROUND ROCK, TEXAS, a municipal corporation whose address is 221 East Main Street, Round Rock, Texas 78664 and its successors and assignees (hereinafter referred to collectively as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GIVE, GRANT and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within said easement, rebuild, repair, and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor (the `Basement Area"), to -wit: Being a 0.047 -acre tract of 2,058 square foot tract of land situated in the Joseph Mott Survey; Abstract No. 427, in the City of Round Rock, Williamson County, Texas, being out of Lot 60, Block K, Vizcaya, Phase 2B, recorded in Document No. 2016067035 of the Official Public Records of Williamson County, Texas; said Lot 60, also being in Deed to the City of Round Rock, recorded in Document No. 2016113698 of the Official Public Records of Williamson County, Texas; said tract being more particularly described by metes and bounds and sketch in the survey notes and sketch attached hereto as Exhibit "A'. The Easement Area is also shown as "0.047 ACRE WATER EASEMENT ED 1804-0006" in the sketch attached hereto as Exhibit "B". This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said waterline is abandoned, or shall cease to be used, for a period of two (2) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the Easement Area covered by this grant following the execution of this easement without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the Easement Area to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. 401908 ED 1804-0006 2018051775 Page 2 of 10 Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the Easement Area by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the Easement Area; (d) the right to grade the Easement Area for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement Area and to trim and to cut down and clear away any trees on either side of the Easement Area which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement Area; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 2018051775 Page 3 of 10 Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Area; (b) Grantee shall promptly backfill any trench made by it on the Easement Area and repair any damage it shall do to Grantor's private roads or lanes on the lands; Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement Area for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area, including the right to build and use the surface of the Easement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement Area, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Easement Area, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. It is further understood that the validity or existence of this easement is to be unaffected by the doctrine of merger. Grantor hereby dedicates the easement as a public utility waterline easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. (Signature on the following page.) 2018051775 Page 4 of 10 WITNESS WHEREOF, Grantor has caused this instrument to be executed thi! day of 2018. GRANTOR: CITY OF ROUND ROCK, TE S By: Laurie Hadley, City Manager ACKNOWLEDGMENT THE STATE OF I 1c1'- s COUNTY OF W(( CI( AAW-1 This instrument was acknowledged before me on this the day of the month of 2018, by LAURIE HADLEY, City Manager of the CITY OF ROUND ROCK, TEXAS,kno n 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 tljgxW,expressed. Signature: Printed Nam After recording please return to: Development Services Office 301 W. Bagdad Ave., Suite 140 Round Rock, TX 78664 2 r Notary Public, State of PAPE-DAWSON Nns ENGINEERS FIELD NOTES FOR 2018051775 EXHIBIT A 0.047 ACRE TRACT OR 2,058 SQUARE FOOT TRACT OF LAND SITUATED IN THE JOSEPH MOTT, SURVEY, ABSTRACT NO. 427, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING OUT OF LOT 60, BLOCK K, VIZCAYA, PHASE 2B, RECORDED IN DOCUMENT NO. 2016067035 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 60, ALSO BEING IN DEED TO THE CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2016113698 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.047 ACRE TRACT BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE: COMMENCING at a''/Z" iron rod with yellow cap marked "Pape -Dawson" found at the southwest comer of Lot 61, Block K, Open Space Lot recorded in Vizcaya, Western Amenity Center Phase 1 and Phase 2 Amended, a subdivision according to the plat recorded in Document No. 2017014979 of the Official Public Records of Williamson County, Texas, same being the northwest corner of said Lot 60, Block K, also being a point in the east line of a called 11.274 acre tract of land conveyed to Taylor Morrison of Texas, Inc., recorded in Document No. 2018006616 of the Official Public Records of Williamson County, Texas; THENCE S 18022'51" W, with the west boundary line of said Lot 60, same being the east boundary line of said 11.274 acre tract, a distance of 218.47 feet to a calculated point for the northwest comer and POINT OF BEGINNING hereof; THENCE departing the east boundary line of said 11.274, through the interior of said Lot 60, the following three (3) courses and distances: 1. S 71°13136" E, a distance of 137.27 feet to a calculated point for a northeast corner hereof, 2. S 22°10'51" W, a distance of 15.00 feet to a calculated point for the southeast comer hereof, and N 71°13'36" W, a distance of 136.28 feet to a calculated point in the east line of said 11.274 acre tract for the southwest corner hereof, from which a'/2" iron rod with yellow cap marked "Pape -Dawson" found bears S 18°22'51" W, a distance of 79.67 feet; TBPE Firm Registration #4701 TSPLS Firm Registration #10028801 Austin I San Antonio I Houston I Fort Worth I Dallas Transportation I Water Resources I Land Development I Surveying I Environmental 10801 N MoPac Expy.: Bldg. 3, Suite 200, Austin, TX 78759 512.454,8711 www.Pape-Dawson,com Page 5 of 10 2018051775 Page 6 of 10 0.047 Acres Job No. 50803-08 Page 2 of 2 THENCE N 18022151" E, with the east line of said 11.274 acre tract, same being the west line of said Lot 60, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.047 acres in the City of Round Rock, Williamson County, Texas. Said tract being described in accordance with an exhibit prepared under Job No. 50803-08 by Pape -Dawson Engineers, Inc. PREPARED BY: Pape -Dawson Engineers, Inc. DATE: March 22, 2018 JOB No.: 50803-08 DOC.ID.: H:\survey\CIVIL\50803-08\Easements\Word\50803-08_0,047Ac_WaterEsmt.docx TBPE Firm Registration #470 TBPLS Firm Registration #100288-01 o3 201 @5 l iPAPE-DAWSON ENGINEERS r6i['1 ;4. Nu......... PARKER Gf < 9 5556 w A�p-Sa k' o3 201 @5 l iPAPE-DAWSON ENGINEERS r6i['1 2018051775 Page 7 of 10 0 O O � W > 00..N..{{ � "Q ®� O b �1 �7 -n >0(n�i=ZO M I m s = 0oo •Mizymml�*mpm o oD vp0000-1 oo N r-ZDC7 CO --4 Z0 -0ZZZZZF)DFjO N >mOZ�CDA(m/)Mm0 Z mD m00 v-C7WC7 N O(�/7� g:eI�*IU) (-)> 0 �moF p��0 r rC) W D.ZDIm->-I 0V07'o>M(/) NZm XMXc IrriX rmT MOOD�pmZ �xrj p�G7 DC po COO �2AOZgD coDON ZOz (n X MMMOOb0 N bM DD �Z W rn ZpD z m N *1 (v C7 M DC7 rn ' ) � (mil o w Zoo �0M '0 .. 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N G' A 2018051775 Page 8 of 10 EXHIBIT OF EASEMENT 1 inch = 600' 600' 0. 300' 600' A CALLED 7,648 ACRE TRACT OWNER: TAYLOR MORRISON OF TEXAS, INC, DOC. No. 2018021655 (O.P.R.) A CALLED 1.72 ACRE TRACT OWNER: TAYLOR MORRISON OF TEXAS, INC, COUNTY ROAD 186 DOC, No. 2013115650 (O.P.R.) A CALLED 18,558 ACRE TRACT OWNER: TAYLOR MORRISON OF TEXAS, INC. A AP A DOC. NO. 2018006816 (O.P.R.) DOC. N0. l 201 o LI—Li l I : L-1 OF TEXAS. INC. o (O,P.R. a HA7y5 r A CALLED 28.113 ACRE C------- OC No, 2015108417 VIZCAYA, PHASE $ � � g TRACT < �m OWNER: TAYLOR g a_ °'. MORRISON OF TEXAS, INC, .. 2C1 IO d DOC, No. 0 ® O o s o 2018013388 947 z° a DOC. NO. 2018021600 d o.0i I- o (O.P.R.) CA A, P e z O ���'j DOC. NO. 2017104888 O.P.R.) N S Z YA, HA A SEa� DOC. No. 2016099710 A CALLED 1.03 ACRE TRACT O.P.R.) Q c OWMER: TAYLOR MORRISON OF CA so LA E TEXAS, INC.LAN CARUSO E DOC No, 20187 (O.P.R.) REMNANT PORTION CALLED 57 0 0TRACT VIZCAYA WESTERN AMENITY CENTER PHASE 1 AND PHASE 2 AMENDED nn4. NO. 2017014079 (O.P.R. S: TAYL EASEMENT OWNER OFTEXAS INC.RRISON DOC No, 2013115912 0. 47 ACRE A CALLED (O.P.R.) 11.274 ACRE TRACT OWNER: TAYLOR a MORRISON OF TEXAS INC T/IZ A` A DOC. N 3 69688 }Q DOC. No. 2018006616 `0 PORI 4 VIZCAYA, PHASE 2B 'K' DOC. No. 2018087035 VIZCAYA, PHASE 1 LOT 60, BLOCK JOSEP OTT SURVEY a DOC, No. 2015001005 OWNER: CITY OF (O.P.R.) D. � (O.P.R.) ROUND ROCK ABSTRACT 10. 427 a o DOC. No. 2016113696 (O.P.R.) U BOUNDARY UNE A REMNANT OF A > AGREEMENT CALLED 300,48 ACRES DOC. No. 2015108413 OWNER: AVERY RANCH COMPANY, LTD. (O.P.R.) DOC. No. 2002071336 I enapI A CALLED 1,03 ACRE TRACT A CALLED 1.18 ACRE TRACT O OWNER: RICKETTS WAYNE O OWNER: GERARDO TORRES DOC, No. 2016071519 (O.P.R.) DOC, No. 9827796 (O.R.) A CALLED 1.00 ACRE TRACT A CALLED 38.069 ACRE TRACT O2 OWNER: MIGUEL & KAREN TELLEZ OWNER:0, PGS GEORGE OWN Q DOC, No. 2005021145 (O.P.R.) VOL (O.R.) A CALLED 1.001 ACRE TRACT THE REMNANNT PORTION OF A OWNER: EDWARDO LOPEZ & EFRAIN O CALLED 2.90 ACRE TRACT OWNER: TAYLOR MORRISON OF CAMACHO70 DOC, No. 2013075200 (O.P.R.) TEXAS, INC, DOC No. 2016115778 (O.P.R.) A CALLED 1.16 ACRE TRACT ® OWNER: MAUDIE STREETER VOL 935, PG. 443 (D.R.) A REMNANT OF A CALLED O14.355 ACRE TRACT 8 OWNER: TAYLOR MORRISON OF TEXAS, INC. /� PAPE-DAWSON DOC, No. 2015108414 (O.P.R.) rd ENGINEERS DLR. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS O.R. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AUSTIN I SAN ANTONIO I HOUSTON I PORT WORTH I DALLAS O.P.R. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS 10001 N. MOPAC WY, BLDG. O, STE 200 1 AUSTIN, TX 75759 1 512454.1711 ROW RIGHT OF WAY SHEET 1 OF 1 TRPE FIRM REGISTRATION 1477 I TOPW FIRM REGISTRATION /10029/01 MARCH 22, 2018 JOB No.: 50803-32 2018051775 Page 9 of 10 1191HX31H3W3 SV3 ° Sbf�3NlflN3 svxal'ao�ai�noa � '� r NOSMVQ'ZdVdi— V9SSVHd HkVOZIA a M 9 ++ F LL W f i r I S� 1 !Y ((1 e �Jt[L'1fl]l.1rt]:111CfTiitt I IJ 1 fl- U IT_IE11.J i:i I L-JL.1131HX3 QRECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2018051775 Page 10 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018051775 Pages- 10 Fee- $57.00 06/14/2018 02.07 PM i'r.,l AS EtpF-7- . Nancy E. Rister,County Clerk Williamson County,Texas