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
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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
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QRECORDERS MEMORANDUM
All or parts of the text on this page was not
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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