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CM-2019-0030 - 1/25/2019
YC'um -o l j Iww a� IlkLL CmNxr) Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 East Main Street . Round Rock, TX 78664-5246 Phone 512-255-8877 . fax 512-255-8986 don©scrrinw.com November 7, 2018 Via e-mail brentk9lsE.-att.net The Fellowship at Forest Creek c/o M. Brent Kettle, Vice Chairman 3379 Gattis School Road Round Rock, Texas 78664 Re: City of Round Rock—Gattis School Wastewater Extension Parcel IE Dear Brent: Please allow this letter to set out my understanding regarding our agreement for the purchase of (1) permanent wastewater easement interest; and (2) temporary workspace and staging construction easement (the "Easements"), in and across a portion of The Fellowship at Forest Creek ("Fellowship") property as part of the City of Round Rock's ("City") proposed Gattis School Wastewater extension project. In return for granting the Easements, City will pay Fellowship the sum of $10,495, which is equal to the City's impact fee costs for 5 LUE's to serve the Fellowship property. The form of the Easements granted to City will be as shown in Exhibits "A -B" attached hereto. If requested by the City, the Closing and completion of this transaction shall take place at Independence Title ("Title Company") within 30 days after full execution of this agreement, or at other 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. Owner shall assist City and Title Company with any curative measures or mortgage Iien subordination required as a condition of the Closing. This agreement is being made in lieu of condemnation by City. If this meets with your understanding please execute this letter where indicated and return it to me, and we will have this approved and signed by the City and process this for payment and Closing 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, AGREED: THE FELLOWSHP AT FOREST CREEK Signature By: Email: brentk9l@att.net M. Brent Kettle, Vice Chairman Date: Feb 10, 2019 CITY OF ROUND ROCK, TEXAS Bye' p " Laurie Hadle, , ity Managgr Imo: )/2s1 �q 2 Don Childs Sheets & Crossfield, P.C. EXHIBIT "A" TO LETTER AGMT. WASTEWATER EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That THE FELLOWSHIP AT FOREST CREEK, a non-profit corporation, and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN THOUSAND FOUR HUNDRED NINETY FIVE and NO/100 DOLLARS ($10,495.00) 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 wastewater 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 0.293 acre (12,751 square foot) tract of land out of the Asa Thomas Survey, Abstract No. 609, 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 other 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 wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the wastewater lines. 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. 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 00413529 DOC:X 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 (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. 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 wastewater line easement. 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 Wastewater Easement is subject to all matters of record in the Official Public Records of Williamson County, Texas. (Signature on the following page.) 3. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2018 GRANTOR: THE FELLOWSHIP AT FOREST CREEK, a non-profit corporation By: Name: M. Brent Kettle, Vice Chairman ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of the month of , 2018, by M. Brent Kettle, 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. Signature Printed Name Notary Public, State of Texas JOINDER AND CONSENT OF LIENHOLDER TO WASTEWATER EASEMENT First State Bank Central Texas, as Beneficiary under a Deed of Trust executed by The Fellowship at Forest Creek, a non-profit corporation to T. Gerry Gamble, Trustee, recorded in Document No. 2006I09887, and corrected in Document No. 2007053819, and further modified by that Agreement dated December 8, 2011, to be effective December H, 2011 and recorded in Document No. 2011084205 (the "Grantor Security Document") of the Official Records of Williamson County, Texas that creates liens, security interests and other rights and powers that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes this Wastewater 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, terms 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, terms or provisions of said Easement. First State Bank Central Texas By:_ Name: Title: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this day of , 2018, by , the of First State Bank Central Texas, known to me to be the person whose name is subscribed to the preceding instrument, and acknowledged to me that hel'she executed the same for the purposes and consideration recited herein. Notary Public in and for the State of Texas 5. 10-29-2018 Page 1 of 3 EXHIBIT i County: Williamson Parcel : 1E Project: Gallis School Road PROPERTY DESCRIPTION FOR PARCEL 1r-- DESCRIPTION G DESCRIPTION OF A 0.293 ACRE (12,751 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 5.32 ACRE TRACT OF LAND (BEING TRACT 5 OF WESTVIEW SUBDIVISION (UNRECORDED)), DESCRIBED IN WARRANTY DEED WITH VENDOR'S LiEN TO THE FELLOWSHIP AT FOREST CREEK RECORDED IN DOCUMENT NO. 2005011271 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.293 ACRE (12,751 SQUARE FOOT) TRACT OF LAND BEiNG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 112° iron rod found, being the southeasterly corner of said 5.32 acre tract, being the southwesterly corner of that called 5.339 acre tract of land described In Warranty Deed to Howard Lee Parham III and Janis Newby Parham recorded in Volume 2522, Page 647 of the Official Records of Williamson County, Texas, same being the northerly boundary line of that called 5.53 acre tract of land described in deed to Fred R. and wife Wilma J. Anders in Volume 959, Page 15 of the Deed Records of Williamson County Texas; THENCE, with the common boundary line of said 5.32 acre tract and said 5.53 acre tract, N 87°58'14" E, for a distance of 324.15 feet to calculated point, for the southeasterly corner and POINT OF BEGINNING of the herein described tract: 1) THENCE, continuing with the common boundary line of said 5.32 acre tract and said 5.53 acre tract, S 87°58'14" W, for a distance of 20.00 feet to a 518" iron rod found in the existing easterly right-of-way (ROW) line of Westview Drive (50' ROW width), being the southwesterly corner of said 5.32 acre tract, some being the northwesterly corner of said 5.53 acre tract, for the southwesterly corner of the herein described tract; 2) THENCE, departing said 5.53 acre tract, with said existing easterly ROW line, same being the westerly boundary line of said 5.32 acre tract, N 02°03'22" W, for a distance of 637.81 feet to the proposed southerly ROW line of Gattis School Road (ROW width varies), for the northwesterly corner of the herein described tract; 3) THENCE, departing said Westview Drive, through the interior of said 5.32 acre tract, with said proposed southerly ROW line of Gattis School Road, N 88056110" E, for a distance of 20.00 feet to the calculated northeasterly corner of the herein described tract 4) THENCE, departing said proposed southerly ROW line, continuing through the interior of said 5.32 acre tract, S 02003122" E, for a distance of 637.47 feet to the POINT OF BEGINNING, containing 0.293 acre (12,751 square feet) of land, more or less. NOTE: This parcel is accompanied by a T.C.E. (Temporary Construction Easement) being 25 feet wide, coincident with, parallel and southerly of the proposed southerly ROW line, being 30 feet wide, coincident Page 2 of 3 with, parallel and easterly of the above described course 4, and being variable width northerly of the southerly boundary line of said 5.32 acre tract, as shown on the accompanying sketch, This property description is accompanied by a separate parcel plat All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MI=N BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, 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 direct supervision. ANrSL at Rourtd k, Williamson County, Texas. M. Stephen Trfesdale Registered Professional Land Surveyor No. 4933 Licensed Stale Land Surveyor Inland Geodetics, LLC Firm Registration No* 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 Date S:\_DCS E-ngineeringlGATTIS SCHOOL ROAD WWLIPARCELSIPARCEL iE-FELLOWSHIP-AT-FOREST-CREEKIPARCEL 1E- FELLOWSHIPAn LEGEND O 1/2" IRON ROD W/ ALUMINUM IND CORRECT AND THAT THE PROPERTY SHOWN CAP STAMPED 'RDW -4933" SET 0 1/2" IRON ROD FOUND 16 CALCULATED POINT P- PROPERTY UNE O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS (R.O.W. WIDTH VARIES) WILLIAMSON COUNTY, TEXAS O.R.W.C.T. DEED RECORDS Y '' VALLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE (�) RECORD INFORMATION DISTANCE BREAK 0 50 100 1" = 1001 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zane. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827469-KFO,ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 22, 2018, ISSUE DATE JULY 2, 2018. 1. RESTRICTIVE COVENANTS: VOLUME 675, PAGE 774, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 1OC. EASEMENT TO TEXAS POWER Ac LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 710, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. 0. EASEMENT TO TEXAS POWER do LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 848, PAGE 563, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. E. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. 5 FOOT WIDE STRIP ON THE GATTIS SCHOOL ROAD 30UNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY -OR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT 3ECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL IECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN, 3. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE 40. A-12-05-10-1-12 RECORDED IN DDCUMENT NO. 1:012038080, OF THE OFFICIAL PUBLIC RECORDS OF NILLIAAISON COUNTY, TEXAS, EXHIBIT B. SUBJECT TO, HEREBY CERTIFY THAT THIS PLAT IS TRUE IND CORRECT AND THAT THE PROPERTY SHOWN IEREON WA ETERMINED BY A SURVEY MADE N 1. STEPHEN TRUESD E DATE IEGISTERED PROFESSIONAL LAND EXISTING R,01W lo' 1�-u.EJrER GATTIS SCHOOL ROAD S' RIGHT OF -1YAY RESTRICIR'E COVENANTS ION S RESERVATIONS 4LAND GEODETiCS, LLC (R.O.W. WIDTH VARIES) EE I NDIL SEE NOTE 1 0 50 100 1" = 1001 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zane. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827469-KFO,ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 22, 2018, ISSUE DATE JULY 2, 2018. 1. RESTRICTIVE COVENANTS: VOLUME 675, PAGE 774, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 1OC. EASEMENT TO TEXAS POWER Ac LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 710, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. 0. EASEMENT TO TEXAS POWER do LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 848, PAGE 563, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. E. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SHOWN. 5 FOOT WIDE STRIP ON THE GATTIS SCHOOL ROAD 30UNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY -OR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT 3ECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL IECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN, 3. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE 40. A-12-05-10-1-12 RECORDED IN DDCUMENT NO. 1:012038080, OF THE OFFICIAL PUBLIC RECORDS OF NILLIAAISON COUNTY, TEXAS, EXHIBIT B. SUBJECT TO, HEREBY CERTIFY THAT THIS PLAT IS TRUE IND CORRECT AND THAT THE PROPERTY SHOWN IEREON WA ETERMINED BY A SURVEY MADE TN�E G D ND1 P, MY DIREC ERVISION. 1. STEPHEN TRUESD E DATE IEGISTERED PROFESSIONAL LAND 3: 1 iRVEYOR NO. 4933 ICENSED STATE LAND SURVEYOR M, S1 4LAND GEODETiCS, LLC IRM REGISTRATION NO. 100591 -OD 504 CHISHOLM TRAIL ROAD, SUITE 103 Y '' OUND ROCK, TEXAS 78681 h 7 W � �.....�.........,... HEN THUESDALE 4033 ,p off E551�•+'. ` „ N89'4910 E� 3+41 - �'-, I-�' 20.00' PROPOSED R.O.W. N87'45°57�E 294.55' I I 11 1 i�l k 1-E E 059pS5Q12AFT.r O A URv � I I i �0, X09 Vi I l 1 13 ' 1 pg��RA % I THE FELLOWSHIP 10' I'•U E/VER in ...I AT FOREST CREEK RFSTRICTIVECO a 1 (5.32 AC.) SEFVENANTS NOTF 1 I DOC. NO. 2005011271 O.P.R.W.C.T. ' HOWARD LEE PARHAM III AND C7 I IIo JANIS NEI'IBY PARHAMTRACT 6 i I • I (5.339 AC.) o I VOL. 2522° PG. 647 0 l l l O.R.W.C.T. % I TRACT 5 1 I O WESTVIEW SUBDIVISION ^N iz (UNRECORDED) I �� - T,�— 10' P.U.E/PER RF-SIRI S87 58'14"1Y 170.81' ff l IU) ` COVENIANTS i t I SEE NOTE 1 i Tlii h. 1 iN AYDOWN EASEMENT ISI I �W 1.639 AC. I 71,396 SO. FT. FSI 1 I I it) IZi i 10' P.U.E/PER I I P. 0. B. RFSTRICTIVF 1 1 I I COVENANTS P.O.R. I i I S87-58-14.' SEL NOTE 1 123 ._J IF r (N89'39�50"W- 3`1'4.17')� N87'58'14"E 324.15' EAST 688.25') I I FRED R. ANDERS S87'58'14"W orad Wife, VALMA J. ANDERS 20.00' 1 (5,53 AC.) J VOL. 959, PAGE 15 D.R.W.C.T. WASTEWATER LINE 10-29-2018 INLANL3u GLODI-TICS ' EASEMENT PROFESSIONAL LANb SURVEYORS PARCEL 1— E 1504 CIR$IIOLM TRAIL RD. STE. 103 ROUND ROCK. TX. 78681 0.293 ACRES fl tS1E171a1-,7ao,FAXti1717311-1751 12,751 SQUARE FEET PAGE 3 OF 3 iIAlA REGISTRATION _ 0. 100591-00 S\_[)CS Eng;nac+n9\GAT15Tif.H001 AOAn IT,!\PARP.F i\PAgCF 1F FF 0:lS�I'P AT iM=iT CR;�^C\%�'' 04S IP AT=03FST iR.i:'K a'•.^-..., Page I oro Parcel I EXHIBIT "B" TO LETTER AGMT. TEMPORARY WORKSPACE AND STAGING EASEMENT Gattis School Road Waste Water Line Improvements THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That THE FELLOWSHIP AT FOREST CREEK, a non-profit corporation referred to as "Grantor", in consideration of One and 001100 Dollar ($1.00) and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("City") does hereby grant to City, its agents, contractors, successors and assigns, hereinafter referred to as "GRANTEE", a temporary workspace and staging easement for the purpose of additional workspace, storage and stockpiling of material and equipment, and parking of vehicles and establishment of a construction office as necessary to allow construction of proposed waste water and associated appurtenances, all to be located within adjacent easements or right of way owned or possessed by GRANTEE ("Project"), in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in the sketch which accompanies the metes and bounds in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: No fuel or hazardous material storage tanks shall be placed within the easement area. Upon request from Grantor, the limits of the easement areas will be fenced with six (6) foot chain link fence or better, and silt fencing will be placed and maintained at all times around the perimeter areas as well. All gates providing access to the easement areas shall be locked when not actually in use by Grantee. Following completion of work within the temporary workspace and staging easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE='s entry upon the particular property, taking into account the proposed modif=ications as described herein. To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary workspace and staging areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. 00409762 DOCX Page 2 of 4 GRANTEE shall be allowed to extend the duration of the Temporary Workspace and Staging Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of $250 for each additional extension period used. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 2018. GRANTOR: THE FELLOWSHIP AT FOREST CREEK By: Printed Name: M. Brent Kettle Its: Vice Chairman Acknowledgement State of Texas County of This instrument was acknowledged before me on by M. Brent Kettle, in the capacity and for the purposes and consideration recited herein. Notary Public State of Texas Page 3 oro AGREED: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, City Manager Acknowledgement State of Texas County of Williamson This instrument was acknowledged before me on _ by, Laurie Hadley, in the capacity and for the purposes and consideration recited herein. Notary Public State of Texas After recording return to: Page 4 of 4 JOINDER AND CONSENT OF LIENHOLDER TO TEMPORARY WORKSPACE AND STAGING EASEMENT First State Bank Central Texas, as Beneficiary under a Deed of Trust executed by The Fellowship at Forest Creek, a non-profit corporation to T. Gerry Gamble, Trustee, recorded in Document No. 2006109887, and corrected in Document No. 2007053819, and further modified by that Agreement dated December 8, 2011, to be effective December 11, 2011 and recorded in Document No. 2011084205 (the "Grantor Security Document") of the Official Records of Williamson County, Texas that creates liens, security interests and other rights and powers that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes this Temporary Workspace and Staging 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, terms 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, terms or provisions of said Easement. First State Bank Central Texas By: Name: Title: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this day of , 2018, by , the of First State Bank Central Texas, 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. Notary Public in and for the State of Texas EXHIBIT A County: Williamson Parcel : 1E Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 1 E 10-29-2018 Page 1 of 3 DESCRIPTION OF A 0.293 ACRE (12,751 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 5.32 ACRE TRACT OF LAND (BEING TRACT 5 OF WESTVIEW SUBDIVISION (UNRECORDED)), DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO THE FELLOWSHIP AT FOREST CREEK RECORDED IN DOCUMENT NO. 2005011271 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.293 ACRE (12,751 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1I2" Iron rod found, being the southeasterly corner of said 5.32 acre tract, being the southwesterly corner of that called 5.339 acre tract of land described in Warranty Deed to Howard Lee Parham III and Janis Newby Parham recorded in Volume 2522, Page 647 of the Official Records of Williamson County, Texas, same being the northerly boundary line of that called 5.53 acre tract of land described in deed to Fred R. and wife Wilma J. Anders in Volume 959, Page 15 of the Deed Records of Williamson County Texas; THENCE, with the common boundary line of said 5.32 acre tract and said 5.53 acre tract, N 87°58'14" E, for a distance of 324.15 feet to calculated point, for the southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, continuing with the common boundary line of said 5.32 acre tract and said 5.53 acre tract, S 87058114" W, for a distance of 20.00 feet to a 518" iron rod found in the existing easterly right-of-way (ROW) line of Westview Drive (50' ROW width), being the southwesterly corner of said 5.32 acre tract, same being the northwesterly corner of said 5.53 acre tract, for the southwesterly corner of the herein described tract; 2) THENCE, departing said 5.53 acre tract, with said existing easterly ROW line, same being the westerly boundary line of said 5.32 acre tract, N 02003122" W, for a distance of 637.81 feet to the proposed southerly ROW line of Gattis School Road (ROW width varies), for the northwesterly corner of the herein described tract; 3) THENCE, departing said Westview Drive, through the interior of said 5.32 acre tract, with said proposed southerly ROW line of Gattis School Road, N 86056110" E, for a distance of 20.00 feet to the calculated northeasterly corner of the herein described tract 4) THENCE, departing said proposed southerly ROW line, continuing through the interior of said 5.32 acre tract, S 02003122" E, for a distance of 637.47 feet to the POINT OF BEGINNING, containing 0.293 acre (12,751 square feet) of land, more or less. NOTE: This parcel is accompanied by a T.C.E. (Temporary Construction Easement) being 25 feet wide, coincident with, parallel and southerly of the proposed southerly ROW line, being 30 feet wide, coincident Page 2 of 3 with, parallel and easterly of the above described course 4, and being variable width northerly of the southerly boundary line of said 5.32 acre tract, as shown on the accompanying sketch. This properly description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, 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 properly described herein was determined by a survey made on the ground under my direct supervision. AND S -AL at Round M. Stephen Tr Oesdale Registered Professional Land Surveyor No. 4933 Licensed State land Surveyor Inland Geodetics, LLC Firm Registration No; 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 Williamson County, Texas. Dale C S:1 DCS EngineeringlGATTIS SCHOOL ROAD WWLTARCELSIPARCEL 1E-FELLOWSHIP-AT-FOREST-CREEE:KIPARCEL IE- FELLOWSHIP.doc LEGEND 0 1/2' IRON ROD W/ ALUMINUM CAP STAMPED 'ROW -4933" SET 0 1/2- IRON ROD FOUND CALCULATED POINT Q PROPERTY UNE O.R.W.C.T. OFFICIAL RECORDS DATE WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS """•'•••" l.1, S1CpIlEl� TRUE 5E3R1 E WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS ��r•"� 4,SLLIAI.ISON COUNTY, TEXAS P.O.D. POINT OF BEGINNING P.O.R. POINT OF REFERENCE ( ) RECORD INFORMATION DISTANCE BREAK 0 50 100 100* t) All bearings shown hereon are based an grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas Stale Plane Coordinate System, MAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827469-KFO,ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 22, 2018, ISSUE DATE JULY 2, 2018. 1. RESTRICTIVE COVENANTS: VOLUME 675, PAGE 774, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 10C. EASEMENT TO TEXAS POWER k LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 710, PAGE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. D. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 848, PAGE 663, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. E. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. 5 FOOT VADE STRIP ON THE GATRS SCHOOL ROAD BOUNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY FOR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN, G. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDNANCE NO. A -12-05-10-H2 RECORDED IN DOCUMENT NO. 2012038080, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, EXHIBIT B. SUBJECT TO. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SH01'N HEREON WA9"DETERMIN£D BY A SURVEY MADE Z) ---EXISTING RAW r T 10' r:u.E/rER ft RESTRICTIVE a RIGHT-OF-WAY COVENANTS GATTIS SCHOOL ROAD RESERVATION SEE NOTE I (R.O.W. WIDTH VARIES) SEE NOTE 1�- -� -T -1 j— N87'451S7-E 294.55'- 1 I 12,751 SO Fi��O�A� sU �d�Y ASA A85f V40 -I ~I 1 Ly,J I I h00 ON G 0 NDER-MY- 0 E ERMSION. OF•7,Q IP .66N 08T . M. STEPHEN TRUESD E DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933•,,•,•••••...... LICENSED STATE LAND SURVEYOR """•'•••" l.1, S1CpIlEl� TRUE 5E3R1 E INLAND GEOOETICS, LLC",'••4,"••,•"••••,,v� FIRM REGISTRATION NO. 100591-00 •" �5.9 4993 1504 CHISHOLM TRAIL ROAD, SUITE 103 ��r•"� ''••..,'4L- ROUND ROCK, TEXAS 78681 116 THE FELLOWSHIP 10' P.0 E/PER n AT FOREST CREEK RrSTRIC.TIVE CUVF14ANTS (5.32 AC.) SEE NOTE I DOC. NO. 2005011271 I O.P.R.W.C.T. HOWARD LEE PARHAM III AND 1I I� JANIS TRACT PARHAM 3 I I (5.339 AC.) a I I I3 VOL. 2522, PG. 647 - I I ' 0. R. W.C.T. a I I TRACT 5 N I' z WEST1/1EW SUBDIVISION I (UNRECORDED) I 567'3814 WY 170.81' I I 10' P.U.--/PER RESTRICTIVE COVJSEENOC I I k I� PROPOSED T.C.E.NI I Iev dt LAYDOWN EASEMENT ISI I �r 71396gSO. l31 { I Ip FNI I I ' 10' P.U.E/PER P . I RFSTRICTIVF COVENANTS 1.V1 SEL NOTE 1 � _123,56' N89'39'50"W N87'58'14'E 324.15' (EAST 688.25') I FRED R. ANDERS 6'14"W and Wife, VALMA J. ANDERS )' I (5.53 AC.) VOL. 959, PAGE 15 D.R.W.C.T. WASTEWATER LINE 10-29--2018 INLAND J EASEMENT GLODE_`f ICS PROrESSIONAL LANG Sl1RVEYORS PARCEL 1—E 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK' TX. 78661 0.293 ACRES PK (512) 236-1200, F4�11(((S 12) 231-1151 q FIRAIREGISTRATION1r10.100591-00 12,751 SQUARE FEET PAGE 3 OF 3 % mer+.TI c cr Nnn- anon vm %ot. or c% PA arc it rr M -M,40 AT rnar Cr ra, r71 rs n','rc 4D AT -'nir CT r4- ",t R -+•.i. :, Gattis School Rd. Letter Agreement Final Audit Report 2019-02-10 Created. 2019-01-21 By Lisa Dworaczyk (Asad(§scrrlaw.com) Status: Signed Transaction 1D. CBJCHBCAABAANW9Xmkbl6MLy5WuRrV-ivDwumxbE "Gattis School Rd. Letter Agreement" History Document created by Lisa Dworaczyk (lisad@scrriaw.com) 2019-01-21 - 8:38:20 PM GMT- IP address: 67.79.201.226 C'-► Document emailed to Marvin Brent Kettle (brentk9l@att.net) for signature 2019-01-21 - 8:38:46 PM GMT Document viewed by Marvin Brent Kettle (brentk9l@att.net) 2019-01-22 - 2:29:27 PM GMT- IP address: 17.105.112.211 Document e -signed by Marvin Brent Kettle (brentk9l@att.net) Signature Date 2019-02-10 - 10 44.12 PM GMT - T.me Source- server- IP address. 70.114.143.225- Signature captured from device with phone number XXXXXXX9193 Signed document emailed to Marvin Brent Kettle (brentk9l @att.net) and Lisa Dworaczyk (lisad@scrriaw.com) 2019-02.10 - 10-44 12 PM GMT Adobe Sign Page 1 o(4 Parcel I TEMPORARY WORKSPACE AND STAGING EASEMENT Gattis School Road Waste Water Line Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That THE FELLOWSHIP AT FOREST CREEK, a non-profit corporation referred to as "Grantor", in consideration of One and 001100 Dollar ($1.00) and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("City") does hereby grant to City, its agents, contractors, successors and assigns, hereinafter referred to as "GRANTEE", a temporary workspace and staging easement for the purpose of additional workspace, storage and stockpiling of material and equipment, and parking of vehicles and establishment of a construction office as necessary to allow construction of proposed waste water and associated appurtenances, all to be located within adjacent easements or right of way owned or possessed by GRANTEE ("Project"), in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in the sketch which accompanies the metes and bounds in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: No fuel or hazardous material storage tanks shall be placed within the easement area. Upon request from Grantor, the limits of the easement areas will be fenced with six (6) foot chain link fence or better, and silt fencing will be placed and maintained at all times around the perimeter areas as well. All gates providing access to the easement areas shall be locked when not actually in use by Grantee. Following completion of work within the temporary workspace and staging easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within Iand area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary workspace and staging areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. 416677 Page 2 aN GRANTEE shall be allowed to extend the duration of the Temporary Workspace and Staging Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of $250 for each additional extension period used. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 2019. GRANTOR: THE FELLOWSHIP AT FOREST CREEK Printed Name: M. Brent Kettle Its: Vice Chairman _Acknowledgement State of Texas County of This instrument was acknowledged before me on M. Brent Kettle, in the capacity and for the purposes and consideration recited herein. Notary Public State of Texas by Page 3 of 4 AGREED: CITY OF ROUND ROCK, TEXAS By:� Laurie 1-ladley, City Mana r State of Texas County of Williamson This instrument was acknow Laurie I ladley, in the capacit After recording return to: Acknowledument ;dg ; � i�&e on � 2 b ( by F4* 41 uses and consideration recited herein. 01 04 Lit N�!Notary Public- - e of Texas .A 4F 0FS�� Page 4 of 4 JOINDER AND CONSENT OF LIENHOLDER TO TEMPORARY WORKSPACE AND STAGING EASEMENT First State Bank Central Texas, as Beneficiary under a Deed of Trust executed by The Fellowship at Forest Creek, a non-profit corporation to T. Gerry Gamble, Trustee, recorded in Document No. 2006109887, and corrected in Document No. 2007053819_ and further modified by that Agreement dated December 8, 2011, to be effective December 11, 2011 and recorded in Document No. 2011084205 (the "Grantor Security Document") of the Official Records of Williamson County, Texas that creates liens, security interests and other rights and powers that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes this Temporary Workspace and Staging 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, terms 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, terms or provisions of said Easement. First State Bank Central Texas Name: Title: ACKNOWLEDGEMENT THE STATE OF TE IXAS COUNTY OF This instrument was acknowledged before me on this day of , 2019, by , the of First State Bank Central Texas, 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. Notary Public in and for the State of Texas LEGEND O 1/2" IRON ROD WY/ ALUMINUM CAP STAMPED 'ROW -4933" SET 0 1/2' IRON ROD FOUND CALCULATED POINT I!? PROPERTY UNE O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS HILLIAMSON COUNTY, TEXAS D.R.W.C,T, DEED RECORDS V,ILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE ( ) RECORD INFORMATION DISTANCE BREAK 0 50 100 11"= 100' 1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas Stale Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827469—KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 22, 2018, ISSUE DATE JULY 2, 2018. 1. RESTRICTIVE COVENANTS; VOLUME 675, PAGE 774, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. c 10C. EASEMENT TO TEXAS POWER do LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 710, PACE 184, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. D. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT IN VOLUME 848, PAGE 663, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. E. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. 5 FOOT VIDE STRIP ON THE GATTIS SCHOOL ROAD BOUNDARY RESERVED FOR THE PURPOSE OF RIGHT—OF—WAY FOR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 9724654, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. G. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. A -12-05-10—H2 RECORDED IN DOCUMENT NO. 2012038080, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, EXHIBIT B, SUBJECT TO. HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WA PETERMINED BY A SURVEY MADE ONTI G D NDEI3.MY DIREC ERVISION. M. STEPHEN TRUESD _E DATE REGISTERED PROFESSIONAL LAND . 4f SURVEYOR NO. 4933""'^"•""""" JCENSED STATE LAND SURVEYOR 1.I. STIcPIIEIi THi NLAND GEODETICS, LLC"•"'4"x•�J334033 V9 FIRM REGISTRATION NO. 100591-00 �'9 1504 CHISHOLM TRAIL ROAD, SUITE 103 '•FESS►1 ROUND ROCK, TEXAS 78681 �Q'''•." INLANDu GEODLTICS PROFESVONAL LAND SURVEYORS 1$04 CHIS1IGL I TRAIL RD. STE. T03 ROUND ROCK, TX. 78681 =5121298-IM,T/ (512)238-1251 JI V)T — — — 1 :11111111111!1" EXISTING-R.OrW. - IUI�.U.E PER ��RIGHT—OF—WAYRESTRICTIVE GATTIS SCHOOL ROAD RESERVATION COVENANTS SEE NOTE 1 (R,O.W WIDTH VARIES) SEE NOTE 1 UJ N; R.0.1 I I 1-E 'I N ` 12,C7.51 SO. F7r�OMA5 0. SU 605" Y THE FELLOWSHIP IO' P.U.E/PER it I I AT FOREST CREEK CORIFVENANTS C14I ` I UYENANTS n II DOC. NO. 2005011271 SEI NOTE I to ' I O.P.R.W.C.T. ` l 1 HOWARD LEE PARHAM III AND � 11 JANIS NEW 13Y PARHAM I TRACT 6 3 I (5.339 AC.) p I VOL. 2522, PG. 647 O I I O.R.W.C.T. o TRACT 5 0 , WESTMEW SUBDIVISION (UNRECORDED) 10' P.U.E/PER r ` S87'58'14"W 170.61' i I T--RFSTRICTIVE I ` SEE NOTE 1 lb 1, I"t*r=l .E. �' 1&ME INN WT. 1N I 110' P.U.E/PER I , P.O.B. I RFSTRICTIVE - - ig 51.58'114"W 20.00' I I COVENANTS • 0.1 7'58'14"4l I I 12356' _ TE I i • N89'39�50"W�34�1.17') - - N67'58'1 4"E 324.15' EAST 688.25') FRED R. ANDERS and Wife, WILMA J. ANDERS (5.53 AC.) VOL. 959, PAGE 15 D.R.W.C.T. WASTEWATER LINE EASEMENT PARCEL 1-E 0.293 ACRES 12,751 SQUARE FEET r\ m e C'-!--.f-ATT C Cr wnn. annn rr, \ anarr c� aaarr r r rr rr-rc.+ a r.T rna cr rarr n rr nai=::ra to rr,ar¢t ra`rsr P v a— 10-29-2018 PAGE 3 OF 3 City of Round Rock 1�• 1 ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with The Fellowship at Forest Creek for the purchase of a permanent wastewater easement interest and a temporary workspace and staging construction easement in connection with the Gattis School Road Waste Water Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/25/2019 Dept Director: Michael Thane Cost: $10,495.00 Indexes: Self -Financed Wastewater Construction Attachments: 00416837.PDF, 00413531.PDF Department: Utilities and Environmental Services Text of Legislative File CM -2019-0030 The monetary compensation of $10,495 for the required easement interests is equal to the impact fee costs for five LUE's to be used by the property owner in the future. This agreement was negotiated directly between the Utility Department and the property owner. Cost: $10,495.00 Source of Funds: Self -Financed Wastewater Construction Clfy o! Round Rock Page 1 Printed an 1/2,/2019