CM-2019-0053 - 2/15/2019Sheets & Crossfield, Pu�c
ATTORNEYS AT LAW
309 East Main Slreel . Round Rock, TX 78664-5246
Phone 512-255-8877. fax 512-255-8986
don@scrrlaw corn
January 22, 2019
First Baptist Church of Georgetown
c/o Christopher Clough
Barron Adler Clough & Oddo, LLP
808 Nueces Street
Austin, Texas 78701
Re: CORR—SH29@DB Wood Raw Water Line Project
Dear Chris:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of a raw water line easement interest, and construction of an access roadway
connection, in and across a portion of the First Baptist Church of Georgetown ("FBC")
property as part of the City of Round Rock's ("City") proposed facility relocation
("Project") required as a result of the State/County roadway expansion project along
SH29@DB Wood Road.
The parties hereby agree as follows:
1. In return for granting City a raw water line easement across 0.4069 acres,
City will pay FBC the sum of $50,000. The form and location of the Easement
granted to City will be as shown in Exhibit "A" attached hereto.
Upon request from City the Closing and completion of this transaction
shall take place through Community National Title ("Title Company") within 30
days after full execution of this agreement, or at other location, date and time
agreed to between the parties. City shall be responsible for all fees and costs
associated with Closing, except that each party shall be responsible for any
attorney's fees they incur. If requested, FBC shall assist City and Title Company
with any curative measures or mortgage lien subordination required as a condition
of the Closing.
This agreement is being made in lieu of condemnation by City.
2. As part of the construction of its proposed raw water line relocation
Project the City shall at its sole cost install on-site mitigation replacements for the
two trees required to be removed for installation of the raw water line facility and
00416842 MC ' / `� T 1 r ! 0
which are shown on Exhibit "B" attached hereto and incorporated herein. The
replacement mitigation plantings shall be in accordance with any specifications or
requirements of Section S of the City of Georgetown's Code of Ordinances, and
shall be installed at Iocations on the FBC property in consultation with the
property owner as long as it is determined in the sole discretion of the City's
engineers that the requested location would not potentially cause damage to the
installed raw water line facilities in the future,
By execution of this Agreement FBC specifically grants permission to the
City, its agents and construction contractors to temporarily access the FBC
property as necessary solely to carry out completion of the obligations of this
paragraph.
3. As part of the construction of its proposed raw water line relocation
Project the City shall at its sole cost cause installation of the proposed raw water
line facility across the existing FBC driveway located at approximately Sta.
19*75 of the Project to be accomplished by underground bore and enclosed in
steel casing which does not require open cut of the driveway surface, and further
in accordance with the plans, notes and specifications as shown on Exhibit "B"
attached hereto and incorporated herein.
4. As part of the construction of its proposed raw water line relocation
Project the City and its contractors shall use all commercially reasonable efforts to
avoid or minimize impact to the existing paved drive aisle and parking areas
located within the proposed Easement. City's contractor shall install traffic
control barriers along the edge of the existing drive aisle and/or parking areas to
allow continued function of those areas during construction of the Project. City
shall cause its contractor to fill or cover any trenching in the Easement at the
completion of each work day.
5. As part of the construction of its proposed water line relocation Project the
City agrees that two of the existing FBC driveways to SH29 shall remain open at
all times during construction, and City shall coordinate directly with FBC and its
designated representative for coordinated determination of preferred days for
trenching and installation of the water line facilities across the driveways which
are not otherwise to be crossed by boring method as described in Paragraph 3
above.
6. City agrees that it shall be responsible for any cost or other actual
construction work which may be required for reconnection of any existing water
service to the FBC property impacted by the construction Project, and shall
coordinate in advance with FBC and its designated representative for timing of
any planned service interruption required to adjust any conflicts with the existing
water service lines of FBC.
2
7. The Closing or other final completion of this transaction is specifically
contingent upon FBC's and Williamson County's execution of a Possession and
Use Agreement ("PUA") regarding the proposed right of way parcel acquisition
in connection with the Slate/County road widening project. The PUA shall be in
the form as shown in Exhibit "C" attached hereto and incorporated herein.
If this meets with your understanding please have this letter approved and
executed where indicated and return it to me, and we will in turn then have this approved
and signed by the City and process this for payment as quickly as possible.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
-Da"� C"'Qk
Don Childs
Sheets & Crossfield, PLLC
AGREED:
FIRST BAPTIST CHURCH OF GEORGETOWN
BY: �
ako—
Name- 67�,o,e
Date: _.% --.30
7rvs-e- P-
AGREED
CITY OF ROUND ROCK, TEXAS
By:
Name: l� �
Its:
Date: Z—
4
EXHIBIT "A" (RAW WATER LINE EASEMENT
FORM) FOLLOWS THIS PAGE
RAW WATER LINE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That FIRST BAPTIST CHURCH OF GEORGETOWN, and its successors and
assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and
N0/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF
ROUND ROCK, TEXAS, (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 GRANT, SELL and CONVEY unto Grantee a perpetual easement
and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate,
rebuild, repair, and remove a raw water system and lines, together with all necessary lines, pipes,
conduits, valves, vaults, manholes, ventilators, and other equipment, improvements, accessories
and appurtenances or operations thereto, in, upon, over, under, above and across the following
described property of Grantor, to -wit ("Easement Area"):
Being a 0.4069 acre tract of land out of the Isaac Donagan Survey, Abstract No.
178 and Joseph P. Pulsifer Survey, Abstract No. 498, Williamson County, Texas;
said tract being more fully described by metes and bounds and sketch in Exhibit
"A" attached hereto and made a part hereof for all purposes.
This conveyance is made and accepted subject to all conditions and restrictions, if any,
relating to the herein above 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 wastewater line is abandoned, or shall cease to be used, for a period
of five (5) consecutive years.
Grantor covenants that it will not convey any future easement or conflicting rights within
the Easement Area covered by this grant 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 facilities
contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the proposed facilities. As required by this
paragraph, express written consent of Grantee shall be obtained by Grantor in the following
manner: 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.
00415402 DOCX
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(s) as shall occasion the least practicable damage or inconvenience
to Grantor; provided that such ingress and egress right shall not extend to any
portion of Grantor's property isolated from the easement by any public highway
or road now or hereafter crossing the property; the foregoing right of ingress and
egress includes the right of 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 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 is reasonably
practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said barricade or other structure is inconsistent with 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 Area 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 in the Easement Area 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, Grantee will provide written notice to Grantor
prior to removal of any trees outside of the Easement Area, and provided 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
2.
(g) the right to support the pipelines across ravines and watercourses with such
structures as Grantee shall deem necessary.
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.
(c) Except in instances of emergency repairs or maintenance, and as long as the
property of Grantor is put to church or worship use, there shall be no facility
installation construction activities, and a stabilized and drivable surface over any
cuts or trenching shall be maintained, within the Easement Area during the
following dates and times: (1) Wednesday after 5:00 p.m.; (2) Sunday at any time.
Any work involving cuts to existing driveways will be coordinated for dates and
times with Grantor so as to minimize impacts to uses of the drive by Grantor and
its invitees for periods of worship. At least two of Grantor's three existing drives
shall remain open at all times during construction or installation of Grantee's
proposed facilities.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
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 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 Area 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 this
conveyance. Provided however, before constructing any non -interfering improvements listed in
this paragraph, 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.
Grantor hereby dedicates the easement as a public utility raw water line easement.
3.
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; provided
however, this Raw Water Line Easement is subject to all matters of record in the Official Public
Records of Williamson County, Texas.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of r 2019.
GRANTOR:
FIRST BAPTIST CHURCH OF GEORGETOWN
By:
Name:,
Its: 1
L�1arla�-e, /J_ o�U
A?
4.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the day of the month
of • 2019, by known 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 therein expressed.
Notary Public --State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
5.
JOINDER AND CONSENT OF LIENHOLDER
TO RAW WATER LINE EASEMENT
Extraco Banks, N.A., as Beneficiary under (1) a Deed of Trust executed by First Baptist
Church of Georgetown, Texas, a non-profit corporation, to Travis Lucas, Trustee, recorded in
Document Nos. 2006063111 and 2006063112; and (2) a Deed of Trust executed by First Baptist
Church of Georgetown, Texas, a Texas non-profit corporation to Lewis McReynolds, Trustee,
recorded in Document No. 2014002637 of the Official Records of Williamson County, Texas (the
"Grantor Security Documents") which create liens, security interests and other rights and powers
that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes
this Raw Water Line Easement ("Easement") for the limited purpose of (i) consenting to the terms
and conditions of the foregoing Easement and (ii) agreeing that the Grantor Security Documents
and the Grantor Liens are and shall be subordinate and inferior to all of the easements, restrictions,
terns and provisions of the Easement, so that no enforcement of the terms of the Grantor Security
Documents shall amend, impair or otherwise affect the easements, restrictions, terns or provisions
of said Easement.
Extraco Banks, N.A.
By:
Name: reg Eady
Title: City President
ACKNOWLEDGEMENT
THE STATE OF Texas
COUNTY OF Williallison
This instrument was acknowledged before me on this gtl, day of�ehrijary , 2019,
by , the rity Rresirjeut of Extraco Banks, N.A.,
known to me to be the person whose name is subscribed to the preceding instrument, and
acknowledged to me that he/she executed the same for the purposes and consideration recited
herein.
" KAKI RAY
MY COMMISSION EXPIRES Notary Public in and for the to of Texas
March 23, 2919
0:11' 7CobbFendley Flom Rvosk~ No, 274
Exhibit "A " 0.4069 acre Water Easement
Palle 1 of 3 Joseph P. Pulsifer Survey, Abstract No. 498 and
October 31, 2018 Isaac Donagan Survey, Abstract No. 178
Williamson County, Texas
DESCRIPTION
DESCRIPTION OF A 0.4069 ACRE TRACT OF LAND SITUATED IN THE ISAAC DONAGAN
SURVEY, ABSTRACT NUMBER 178 AND JOSEPH P. PULSIFER SURVEY, ABSTRACT NUMBER
498, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 21.7058 ACRE
TRACT OF LAND DESCRIBED AS LOT 1, FIRST BAPTIST CHURCH GEORGETOWN, A
SUBDIVISION OF RECORD IN CABINET L, SLIDE 311, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NUMBER 9509716, OF THE OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.4069 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 inch Iron rod with cap found in the existing east right-of-way line, of that certain
60 foot wide roadway, known as DB Wood Road, as dedicated In said First Baptist Church Georgetown
Subdivision, being also the southwest corner of a proposed 0.385 acre State Highway No. 29 right-of-way
take (Parcel No. 5) to the Texas Department of Transportation (TXDOT), from which a 1/2 Inch Iron rod
with cap found for the northwest corner of said Lot 1 bears North 20°54'32" West, a distance of 76.60
feet;
THENCE, North 33`22-3111 East, crossing said Lot 1 with the south line of said 0.385 acre proposed right-
of-way tract, for a distance of 52.49 feet to a calculated point for the southwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE North 33622'31" East, continuing with the south line of said 0.385 acre proposed right-of-way
tract, for a distance of 18.48 feet, to a calculated point for the northwest corner of the herein described
tract,
THENCE North 87'39'02" East, departing the south line of said 0.385 acre proposed right-of-way tract and
over and across said Lot 1, for a distance of 1,173.86 feet to a calculated point In the east line of said Lot
1, being also the west line of Lot 6, Legend Oaks Section 11, a subdivision of record in Cabinet I, Slide 269,
of the Plat Records of Williamson County, Texas, from which a 1/2 inch iron rod with cap found for the
southeast corner of said 0.385 acre proposed right-of-way tract bears North 20°11'12" West, for a
distance of 3.15 feet;
THENCE South 20`11' 1211 East, with the east line of said Lot 1 and west line of said Lot 6, for a distance of
15.76 feet, to a calculated point for the southeast corner of the herein described tract;
505 East Hunlland Drive, Suite 100 1 Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 I www.cobbfendley.com
TAPEFlrmRegisimlioeNo. 1741 rarlsRephrretronNo. 10046701
CobbFendley
TIlPF flm ne"MIM Na 214 •
Exhibit "A ', 0.4069 acre Water Easement
Page 2 of 3 Joseph P. Pulsifer Survey, Abstract No. 498 and
October 31, 2018 Isaac Donagan Survey, Abstract No. 178
Williamson County, Texas
THENCE, South 87039'02" West, departing the west line of said Lot 6 and over and across said Lot 1, for a
distance of 1,189.48 feet to the POINT OF BEGINNING and containing 0.4069 acres of land.
Reference is herein made to the sketch of this tract accompanying this metes and bounds description.
Subject tract described herein Is an easement. No monumentatlon set for corners.
Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD 83 (2011)). All distances
were adjusted to the surface using a Surface Adjustment Factor of 1.00009768. (Surface = Grid X Surface
Adjustment Factor)
I certify that this description was prepared from a survey made on the ground in October, 2018,
COBB, FENDLEY & ASSOCIATES
Gw""" d. U)wo't'1
William D. Warrick, RPLS
Texas Registration No. 4426
067.' 31, Zo Y
G;\SL,rvey\_PROJEM%7.01811812.O18.o1 CORR-08-Woods_SH29-Esmt\Data\Metes&Bounds\1812.018.01 First_Baptist_Church_Wiler-
Esml dot
505 East Huntland Drive, Suite 100 1 Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 1 www.cobbfendloV.com
FSPE Flim Reglstmllan No. 274 1 TOOLS Aequtrutlan Na 10046701
I
S040
a:
DETAIL "A"
s' NOT TO SCALE
3
PROPOSED 0,385 ACRE
SH NO. 29 RIGHT-OF-WAY
N TRACT (PARCEL S)
p P.O.R.
0
0
f
WATER EASEMENT
SKE TCH TO ACCOMPANY LEGAL DESCRIPTION
1 JOSEPH P. PULSIFERSURVEY
ABSTRAC'PNO.498
M
STATE HIGHWAY NO.29
(UNIVERSITY AVENUE)
(VARIABLE WIDTH RIGHT-OF-WAY)
N8 -39'02"E i173.8V
P.O.B. S 87° 39' a—" W 1189.48'
Lof 1
FIRST BAPTIST CHURCH
GEORGETOWN
21.7058 ACRES
P.O.C.CAB. L, SLIDE 311
1 FIRST BAPTIST CHURCH 01 ,C,T
dOCX. , 9
NNO0.9509718
GEORGETOWN O.P.R.W.C.TX.M,
12,84 ACRES 1
VOL, 1261, PG. 128
D.R.W.C.TX.
ISAAC DONAGAN SURVEY
ABSTRACT NO. t78
CALCUL4 TED POINT
IRON ROD FOUND
DEED RECORDS, WILLIAMSON
COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS
APPROXIMATE SURVEY LIN
NOTES:
REFERENCE IS HEREON MADE TO THE METE
AND HOUNDS DESCRIPTION OF THIS TRACT,
THE SAME. DATE, ACCOMPANYING THIS
SKETCH.
BEARINGS ARE BASED ON THE TEXAS
COORDINATE SYSTEM OF 1983, CENTRAL ZOl
(NAD -83 (2011)). ALL DISTANCES SHOWN
HEREON WERE ADJUSTED TO SURFACE FROM
0, 0 USING A SURFACE ADJUSTMENT FACTOR
OF 1.0000009768.
EASEMENT
0.4089 ACRES
Y
0 40 80
"J!!�
1 Inch m 80 ft.
P SEE DETAIL
$ "A"/--.P.O.R.
U
P.
N
q
FIRST BAPTIST CHURCH OF
GEORGETOWN
9,16 ACRES
VOL. 2171, PG. 354
d.R.W.C.TX.
Line Table
Line #
Direction
LEGEND
L1
N 20054'32" W
0
0
N 33°22'31" E
52.49'
t N
D. R. W. C. TX.
u
O.P R. W.0 TX.
(
4�
P R. W. C. 7X
f
WATER EASEMENT
SKE TCH TO ACCOMPANY LEGAL DESCRIPTION
1 JOSEPH P. PULSIFERSURVEY
ABSTRAC'PNO.498
M
STATE HIGHWAY NO.29
(UNIVERSITY AVENUE)
(VARIABLE WIDTH RIGHT-OF-WAY)
N8 -39'02"E i173.8V
P.O.B. S 87° 39' a—" W 1189.48'
Lof 1
FIRST BAPTIST CHURCH
GEORGETOWN
21.7058 ACRES
P.O.C.CAB. L, SLIDE 311
1 FIRST BAPTIST CHURCH 01 ,C,T
dOCX. , 9
NNO0.9509718
GEORGETOWN O.P.R.W.C.TX.M,
12,84 ACRES 1
VOL, 1261, PG. 128
D.R.W.C.TX.
ISAAC DONAGAN SURVEY
ABSTRACT NO. t78
CALCUL4 TED POINT
IRON ROD FOUND
DEED RECORDS, WILLIAMSON
COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS
APPROXIMATE SURVEY LIN
NOTES:
REFERENCE IS HEREON MADE TO THE METE
AND HOUNDS DESCRIPTION OF THIS TRACT,
THE SAME. DATE, ACCOMPANYING THIS
SKETCH.
BEARINGS ARE BASED ON THE TEXAS
COORDINATE SYSTEM OF 1983, CENTRAL ZOl
(NAD -83 (2011)). ALL DISTANCES SHOWN
HEREON WERE ADJUSTED TO SURFACE FROM
0, 0 USING A SURFACE ADJUSTMENT FACTOR
OF 1.0000009768.
EASEMENT
0.4089 ACRES
Y
0 40 80
"J!!�
1 Inch m 80 ft.
P SEE DETAIL
$ "A"/--.P.O.R.
U
P.
N
q
FIRST BAPTIST CHURCH OF
GEORGETOWN
9,16 ACRES
VOL. 2171, PG. 354
d.R.W.C.TX.
Line Table
Line #
Direction
Length
L1
N 20054'32" W
76.60'
L2
N 33°22'31" E
52.49'
L3
N 3392231" E
18,48'
L4
N 2001112" W
15.76'
LOT 6
LEGEND OAKS
SECTION II
CAH. I, SLIDE 289
P.R.W.C.TX.
WILLIAM D. WARRICK DATE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO, 4428
a:: CobbFendlev
TOPE NO F-2741 MRS NO. 10048701
enS EAST HUNTLAND DRIVE, SUITE 100
AUST'N.TEXAS 78752
5.12 B34 97981 FAX 512.934.7727
WWW COBBFENDLEY.COM
WATER EASEMENT
WILLIAMSON COUNTY
TEXAS
PAGE 3 OF 3
EXHIBIT "B" (RAW WATER LINE CONSTRUCTION
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EXHIBIT "C" (WILLIAMSON COUNTY POSSESSION
AND USE AGREEMENT FORM) FOLLOWS THIS
PAGE
Forth ROW N-PUA
(12!42)
Replaces Form ROW -N-7
Pape 1 of 6
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 5
COUNTY OF WiLLYAMSON § Project: DB Wood/SH29
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between
WILLIAMSON COUNTY, TEXAS ("County"), and FIRST BAPTIST CHURCH OF GEORGETOWN
(the "Grantor" whether one or more), grants to the County and TxDoT, their contractors, agents and all
others deemed necessary by the County, an irrevocable right to possession and use of the Grantor's
property for the purpose of constructing a portion of DB Wood/SH 29 and related appurtenances and
utility relocations (the "Roadway Construction Project"). The property subject to this Agreement is
described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a
part of this Agreement by reference (the "Property").
For the consideration paid by the County which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the County,
TxDoT, and their contractors and agents the right of entry and exclusive possession and use of the
Property for the purpose of constructing a roadway, utility adjustments and appurtenances thereto
and the right to remove any improvements, Authorized activities include surveying, inspection,
environmental studies; archeological studies, clearing, demolition, construction of permanent
improvements, relocating, replacing, and improving existing utility facilities, locating new utility
facilities, and other work required to be performed in connection with the Roadway Construction
Project. This Possession and Use Agreement will extend to the County, its contractors and assigns,
owners of any existing utilities on the Property and those which may be lawfully permitted on the
Property by the County in the future, and all others deemed necessary by the County for the purpose
of the Roadway Construction Project. This grant will allow the construction, relocation, replacement,
repair, improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement, the County will tender to the Grantor the sum of
ONE HUNDRED TWENTY-FIVE THOUSAND THREE HUNDRED SEVENTY-NINE and
00/100 Dollars ($125,379.00). The Grantor agrees that this sum represents adequate and full
compensation for the possession and use of the Property. The County will be entitled to take
possession and use of the Property upon tender of payment as set out herein, subject to the
conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of
the County's initial approved value, which assumes no adverse environmental conditions affecting
the value of the Property. The approved value is the County's determination of the just
compensation owed to the Grantor for the real property interest to be acquired by the County in the
Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any,
save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be
deducted from any final settlement amount, Special Commissioners' award or court judgment. In
the event the amount of the final settlement or judgment for acquisition of the Property is less than
the amount the County has paid for the possession and use of the Property, then the Grantor agrees
that the original amount tendered represents an overpayment for the difference and, upon written
*NPUA*
Form ROW-N-PUA
(12112)
Replacea Form ROW -N4
Pape 2 of 8
notice from the County, the Grantor will promptly refund the overpayment to the County.
3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2
above was tendered to the Grantor by the County, or disbursed to the Grantor by a title company
acting as escrow agent for the transaction, (the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to Grantee in that certain title commitment numbered 17090034
ROW, issued September 8, 2017 by Community National Title, and that proper releases will be
executed for the Property prior to funds being disbursed under this Agreement. The Grantor further
warrants that no other person or entity owns an interest in the fee title to the Property and further
agrees to indemnify the County from all unreleased or undisclosed liens, claims or encumbrances
affecting the Property,
The above made warranties are made by Grantor and accepted by County subject the following:
A. Visible and apparent easements not appearing of record;
B. Any discrepancies, conflicts or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show; and,
C. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
Property, but only to the extent that said items are still valid and in force and effect at this time.
5. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the County in the Property, for negotiation or eminent
domain proceeding purposes, will be March 31, 2019.
6. This Agreement is made with the understanding that the County will continue to proceed with
acquisition of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the County, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), all as the Property exists on the
Effective Date of this Agreement. The County's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in determining compensation
due to the Grantor in the eminent domain proceedings. No beneficial project influence will impact
the appraised value of the Property to be acquired. This grant will not prejudice the Grantor's rights
to any relocation benefits for which Grantor may be eligible.
Farm ROW N -PITA
(17112)
Replaces Form ROW -N-7
Page 3 of 6
7. In the event the County institutes or has instituted eminent domain proceedings, the County will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
County until entry of judgment. Upon written request from Grantor or County, the parties shall work
to schedule a special commissioners' hearing which is to occur within 120 days after the receipt of
such request, and at a date and time otherwise mutually agreeable to the parties.
8. The purpose of this Agreement is to allow the County to proceed with its Roadway Construction
Project without delay and to allow the Grantor to have the use at this time of a percentage of the
estimated compensation for the County's acquisition of a real property interest in the Property. The
Grantor expressly acknowledges that the proposed Roadway Construction Project is for a valid
public use and voluntarily waives any right the Grantor has or may have, known or unknown, to
contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property
related to the Roadway Construction Project, based upon claims that the condemning authority has
no authority to acquire the Property through eminent domain, has no valid public use for the
Property, or that acquisition of the Property is not necessary for the public use.
9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the County to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property, including prorated taxes for the year in which the
County takes title to the Property.
11. Notwithstanding the acquisition of right of possession to the Property by the County in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the County acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
13. It is agreed the County will record this document.
14. Other conditions: Should the Special Commissioners' Award (if any) be greater than the amount
paid in paragraph 2 (two), the County shall tender the difference to the registry of the court within 60
(sixty) days of said Award.
At no time during the possession of the Property by County for the purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for
its current uses, unless otherwise agreed to with Grantor in advance.
Form ROW-N-PUA
(12/12)
Replaces Form ROWN-7
Pape 4 of B
County agrees that Grantor's existing driveway to SH 29 located at Sta. 131+00 of the proposed
Roadway Construction project shall not permanently be removed from access and use before June 30,
2019.
County agrees that as part of the Road Construction Project it shall cause to be constructed at its sole
expense (1) a right turn/deceleration lane along the proposed SH 29 improvements, and (2) reconnection
of the existing northern driveway from DB Wood Drive to Grantor's remaining property labeled as
"Readjust Existing Driveway" on Exhibit "B" attached hereto, in the locations and according to the
general specifications as shown in Exhibit `B" incorporated herein. The final design and plan approval
for the right turn lane and northern driveway shall be completed according to TxDoT and/or City of
Georgetown roadway design criteria.
County agrees that it shall continue to negotiate with Grantor for inclusion of the reasonable cost to
construct the southern drive ("South Driveway") and internal connection roadway ("South Internal
Road") from DB Wood Drive to and through portions of Grantor's remaining property, as shown on
Exhibit "B" and identified with a bubble marked "constructed by owner", as a cost to cure component
part of an agreement for the total compensation to be paid for the acquisition of the Property. County
further represents that it has communicated with the City of Georgetown ("City"), the permitting
authority for the South Driveway, and that the City has approved the location and general design
specifications for construction of the South Driveway as shown on Exhibit "B".
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the County, TxDoT and their contractors, agent and assigns forever, for the
purposes and subject to the limitations set forth above.
[signature pages follow]
GRANTOR:
FIRST BAPTIST CHURCH OF GEORGETOWN
By: e:
Name:.4 r c3 y
Its: / ►',�-
STATE OF TEXAS
COUNTY OF WILLIAMSON
J��a��"tej
Cwree GoLk lv
M12 T tF
ACKNOWLEDGMENT
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 5 of 6
This instrument was acknowledged before me on this the _ day of , 2019 by
, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
COUNTY:
WILLIAMSON COUNTY, TEXAS
By:
Bill Gravell, Jr.
County Judge
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Form ROW-N-PUA
(12112)
Replaces Farm ROW -N-7
Pape a of a
This instrument was acknowledged before me on this the _ day of _ - 2419 by Bill
Gravel], Jr., County Judge of Williamson County, Texas, in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
Printed Name:
My Commission Expires
Parcel 5
May 2, 2018
EXHIBIT A
COUNTY:
Williamson
PARCEL No.:
5
HIGHWAY:
State Highway No. 29
LIMITS:
From: River Chase Boulevard
To: Legend Oaks Drive
CSJ:
0337-01-043
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0.385 ACRE (16,755 Sq. Ft.) TRACT OR PARCEL OF LAND OUT
OF AND PART OF THE JOSEPH PULSIFER SURVEY, ABSTRACT NUMBER 498,
AND THE ISAAC DONAGAN SURVEY, ABSTRACT NUMBER 178, SITUATED IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, FIRST BAPTIST
CHURCH GEORGETOWN, A SUBDIVISION RECORDED IN CABINET L, SLIDE 311
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), SAME
BEING DOCUMENT NUMBER 9509716 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID LOT 1 BEING THE
REMAINING PORTION OF 21.70 ACRES COMPRISED OF THAT TRACT IDENTIFIED
AS 92.54 ACRES DESCRIBED IN DEED UNTO FIRST BAPTIST CHURCH OF
GEORGETOWN RECORDED IN VOLUME 1261, PAGE 128 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND THAT TRACT IDENTIFIED AS
9.16 ACRES DESCRIBED UNTO FIRST BAPTIST CHURCH OF GEORGETOWN, IN
VOLUME 2171, PAGE 354 D.R.W.C.T., THE SAID 0.385 ACRE (16,755 Sq. Ft.) TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a 112 inch Iron rod with an orange plastic cap (not able to read
Inscription) found in the east right-of-way line of D.B. Wood Road (a public roadway, 120,
ROW at this point), for the southeast corner of a 60 foot wide Utility and Roadway
Easement shown an said plat, and the southwest comer of the remainder of said lot 1;
THENCE, North 20054'32" West, along the east ROW line of said D.B. Wood Road 60'
Wide roadway easement, a distance of 879.99 feet to a 518 Inch iron rod with an aluminum
TxDOT ROW cap set for the intersection with the Proposed south Right of Way line of
Texas State Highway No. 29, same being the southwest corner of, and POINT OF
BEGINNING hereof, located 122.61 feet right of station 129+34.36 of the Texas State
Highway No. 29 Improvements Project centerline ;** N=10204472.17 E=3121828.90
Page 1 of 5
Parcel 5
May 2, 2018
THENCE, North 20154'32" West, continuing along the east Right -of -Way line of said D.B.
Wood Road, a distance of 76.59 feet to a 518 -inch iron rod with a plastic cap (inscribed
"Unintech Consulting Engineers") set for intersection with the existing south right-of-way
line of Texas State Highway No. 29 (a public roadway, with an existing 100' ROW);
THENCE, North 87039'01" East, leaving said east Right -of -Way line of said D.B. Wood
Road, along said existing south right-of-way line of Texas State Highway No. 29, being
the north line of said Lot 1, First Baptist Church Georgetown, at a distance of 400.45 feet,
passing a 112 inch Iron rod, 0.31 feet left, found on or near the common line between the
said Isaac Donagan Survey and the Joseph Pulsifer Survey, at a distance of 1047.74
feet, passing a 112 inch Iron rod found 0.27 feet left, and continuing for a Total Distance
of 1234.85 feet to a 5I8 -inch iron rod with a plastic cap (inscribed "Unintech Consulting
Engineers") set for the northeast comer of said Lot 1, same being the northwest comer
of a ten foot wide Road Widening Easement shown on the Legend Oaks Section II
subdivision plat recorded in Cabinet 1, Slide 269 P.R.W.C.T.; same being Document
Number 872379, P.R.W.C.T., from whence, a 112 inch iron rod found bears South
00054'46" West, a distance of 1.88 feet;
THENCE, South 20011'12" East, leaving the existing south line of said Texas State
Highway No. 29, along the common line between said Lot 1, First Baptist Church
Georgetown, and said Legend Oaks Section Il, at a distance of 10.51 feet, passing a
calculated point for the southwest corner of said ten foot wide road widening easement,
same being the northwest corner of Lot 6 of said Legend Oaks Section 11, continuing with
the common line between said Lot 1, and Lot 6, for a Total Distance of 12.61 feet to a 518
Inch iron rod with an aluminum TxDOT ROW cap set for intersection with said Proposed
south ROW line of said Texas State Highway No. 29, located 62.00 feet right of station
141+48.69 of the Texas State Highway No. 29 Improvements Project centerline;
N=10204582.52 E=3123039.72; from said iron rod, a disturbed 112 inch Iron rod found
near the southeast comer of said Lot 1, First Baptist Church Georgetown, and the
southwest comer of said Lot 6, Legend Oaks Section II, bears South 20015'36" East, a
distance of 553.12 feet;**
THENCE, leaving the aforementioned common line, crossing said Lot 1, First Baptist
Church Georgetown, along said Proposed south Right -of -Way line of Texas State
Highway No. 29, the following two (2) courses and distances:
1) South 87039'01" West, a distance of 1170.74 feet to a 518 inch Iron rod with an
aluminum TxDOT ROW cap set for an angle point hereof;**
Page 2 of 5
Parcel 5
May 2, 2018
2) THENCE, South 33122'30" West, a distance of 74.66 feet to the POINT OF
BEGINNING, containing 0.385 acre (16,755 square feet) of land area, more or less.
** The monument described and set In this call, if destroyed during construction, may be
replaced with a TxDOT Type 11 ROW Marker upon the completion of the highway
construction project under the supervision of a RPLS, either employed or retained by
TxDOT.
This description is accompanied by a separate exhibit.
All Bearings are based on The City of George Town Control Network established in 1996,
Texas Coordinate System of 1983 (1993 Adj.) HARN, Texas Central Zone. Combined
Surface Adjustment factor 1.00009768. All coordinates are surface adjusted.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF TRAVIS §
THAT I, LYNN R. SAVORY, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, TRAVIS COUNTY, TEXAS THIS23-9.
DAY OF _L -r0 'R , 2018
LYNN . SAVO , R. .S.
STATE OF TEXAS NO. 4598 0
Unintech Consulting Engineers
505 E. Huntland Drive, Suite 335
Austin, Texas 78752
Mage 3 of 5
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City of Round Rock
ROUND ROCK Agenda Item Summary
F C3 A';
Agenda Number:
Title: Consider executing a 0.4069 -acre raw waterline easement required from
First Baptist Church of Georgetown for relocation of existing facilities in
connection with the proposed SH 29 at DB Wood roadway expansion
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/15/2019
Dept Director: Michael Thane
Cost: $50,000.00
Indexes: Self -Financed Water Construction
Attachments: 00418262.PDF, 00418259.PDF, 00418279.PDF
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0053
The negotiated purchase price of $50,000 and additional non-cash consideration and
construction items were reviewed with the Utility Director and recommended for approval. The
land value estimate was made using an appraisal of the church property which is being used by
Williamson County as part of its right of way parcel acquisition for the proposed road widening
project which is causing the relocation of the City's raw water line facility.
Cost: $50,000.00
Source of Funds: Self -Financed Water Construction
City of Round Rack Page f Pdnted on 2/14/2019