CM-2019-0100 - 4/12/2019ELECTRONICALLY RECORDED 2019032637
Williamson County, Texas Total Pages: 12
EASEMENT AGREEMENT
(Sidewalk Easement)
(Renewal)
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, as grantor (hereafter "A&M SYSTEM"), for the use and benefit of
the Texas A&M University System Health Science Center, a member of The Texas A&M
University System, on behalf of the State of Texas, acting by and through its duly authorized
officer, under authority of System Policy 41.01(6), and by virtue of authority granted to the
Board of Regents by TEX. EDUC. CODE ANN. § 85.26, in consideration of the mutual benefits
to be derived by both parties. hereby GRANTS, BARGAINS, SELLS and CONVEYS to the
CITY OF ROUND ROCK, as grantee (hereafter "ROUND ROCK"), its successors and
assigns, a non-exclusive easement (the "Easement") of variable width across certain property of
A&M SYSTEM (hereafter "the Property"), located in Williamson County, Texas, more
particularly described in Exhibit "A" attached hereto and made part of this Easement Agreement
(this "Agreement").
2. Pu ase and Location of Easement. The Easement is granted for the purpose of
erecting, constructing. installing and thereafter using, operating. inspecting, maintaining,
repairing, replacing and rebuilding a public sidewalk (the "Sidewalk") upon, over, and across the
Property as described herein. A plat of the Property showing the surface area affected by the
Easement and the location of the Sidewalk and ROUND ROCK's right-of-way is depicted in
Exhibit'B."
3. Ri ht of Access. ROUND ROCK has the right of ingress and egress across the
Property for the purpose of erecting, constructing. installing, using, operating, inspecting,
maintaining, repairing, replacing and rebuilding the Sidewalk. ROUND ROCK agrees to
occupy the surface of the Property only to the extent and for the length of time necessary for
erecting, constructing, installing. using. operating, inspecting, maintaining, repairing, replacing
and rebuilding the Sidewalk. Any bate or opening used by ROUND ROCK for ingress or
egress in the exercise of its rights must be kept in proper condition and closed at all times. This
Sidewalk Easement grants the right of free and uninterrupted ingress and egress for persons,
vehicles, and equipment necessary or convenient for use in ROUND ROCK's exercise of its
rights in the Easement, specifically granting the right for all persons and/or members of the
general public to come on and be present within the boundaries of the described Easement.
4. Duties. If ROUND ROCK damages or destroys any fence, road. bridge, culvert,
building or other improvement, or any personal property. other than its own personal property,
ROUND ROCK must, within a reasonable period of time. repair or replace the improvement or
personal property to the extent that such improvement or personal property will, as nearly as
practicable, be in like condition as before such damage or destruction. In lieu of requiring the
repair or replacement. A&M SYSTEM may, at its option. require that ROUND ROCK pay
money damages, including without limitation. those damages incurred as a result of ROUND
ROCK or its agents or employees entering or departing the Property, or by reason of being
present on the Property. ROUND ROCK agrees to notify A&M SYSTEM no later than three
business days after completion of the initial construction of the Sidewalk, and to c o erate with
®Zvt Eco
Preparad by office of Cnneral Cnunwt
Page I of 7 IISC Round Rack Side.alk Easement, 201'193 W7
Legal Fdcs 2W9-00"_931.1
01 124 1941%
2019032637 Page 2 of 12
A&M SYSTEM personnel in an onsite inspection to assess any damages resulting from
ROUND ROCK's activities. Prior to any subsequent alteration or additional construction on the
Property, ROUND ROCK agrees to notify A&M SYSTEM five business days prior to
commencement of such activities.
ROUND ROCK must keep and maintain the Sidewalk in good and working order.
ROUND ROCK may delegate the duty to maintain the Sidewalk to the Avery Centre Property
Owners Association. In the event that ROUND ROCK does so delegate the duty to maintain
the Sidewalk to the Avery Centre Property Owners Association, it is acknowledged and agreed
that ROUND ROCK at all times still holds the overarching right to access and maintain the
Easement.
5. No Fee Interest Granted. This Agreement does not grant any fee interest to the
surface or any interest in the minerals, on or under the Property. This Agreement is made subject
to any and all outstanding easements and surface leases covering the Property.
6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §
85.26(c), this grant is for a term of 10 years and may be renewed only at the election of A&M
SYSTEM. ROUND ROCK expressly understands its continued possession of the Property
under this Agreement without first obtaining from the Board of Regents a renewal of the
Easement is a violation of state law that subjects ROUND ROCK to a penalty of $I00 for each
day of such violation. ROUND ROCK agrees to pay A&M SYSTEM such penalty within 10
business days after receipt of notice from A&M SYSTEM sent in compliance with Section 13 of
this Agreement.
7. Removal of Equipment. ROUND ROCK has the right to remove its equipment
at the expiration of this Agreement provided all obligations to A&M SYSTEM under this
Agreement are fully satisfied. All equipment must be removed within 60 calendar days from the
date of termination or abandonment of the Easement granted by this Agreement. If removal
causes injury to the surface or to any improvements of A&M SYSTEM, ROUND ROCK will
restore the surface or improvements or at A&M SYSTEM's option, pay for such damage within
60 calendar days after completion of such removal. If ROUND ROCK fails to remove the
equipment within the times set forth in this Paragraph, A&M SYSTEM will have the right to
remove and dispose of the equipment and collect all costs of removal and disposal from
ROUND ROCK.
8. Nonexclusive Easement. The Easement is nonexclusive. A&M SYSTEM
reserves for A&M SYSTEM and A&M SYSTEM's successors and assigns the right to full use
and enjoyment of the Property and the right to convey the Property or other rights or easements
to others, so long as such use or conveyance does not unduly interfere with ROUND ROCK's
use.
9. Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY THE
CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS. ROUND ROCK
AGREES TO INDEMNIFY AND HOLD A&M SYSTEM HARMLESS FROM ANY AND
ALL CLAIMS, DEMANDS, LIABILITIES AND CAUSES OF ACTION FOR
Prepared bg Office oFGeneral Counsel
Page 2 of 7 1ISC Round Rusk Sidewalk Faiemenk 201923DO07
Lepl Files 21H1)4)021313
oP ®4 040%
2019032637 Page 3 of 12
PERSONAL INJURY OR DEATH AND/OR DAMAGE TO OR DESTRUCTION OF
PROPERTY OR IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING
FROM THE EXERCISE OF RIGHTS GRANTED TO ROUND ROCK, ITS
EMPLOYEES, AGENTS, OR OTHER PERSONS ACTING UNDER ROUND ROCK'S
DIRECTION. ROUND ROCK FURTHER AGREES TO PAY ALL EXPENSES, COSTS,
AND ATTORNEYS' FEES ASSOCIATED WITH SUCH CLAIMS, DEMANDS,
LIABILITIES AND CAUSES OF ACTION, AS WELL AS THOSE INCURRED BY A&M
SYSTEM IN THE ENFORCEMENT OF THIS INDEMNITY PROVISION.
10. Use of Property. ROUND ROCK will not commit or suffer to be committed
waste upon the Property; will keep the Property, the improvements, and its equipment in good
working order and repair and in a clean, safe and healthful condition; and will comply with all
state, federal and local laws, rules and regulations with regard to the use and condition of the
improvements and equipment on the Property.
11. Hazardous Waste. ROUND ROCK will not use the Property or permit the
Property to be used so as to cause, suffer, or allow any contamination of soils, ground water,
surface water, or natural resources on or adjacent to the Property resulting from, but not limited
to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical
compounds. ROUND ROCK is solely responsible for cleanup of any contamination resulting
from violation of this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY ROUND ROCK AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE
PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO ROUND ROCK'S USE, THEN ROUND ROCK WILL INDEMNIFY,
DEFEND AND HOLD A&M SYSTEM HARMLESS FROM ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. THIS INDEMNIFICATION OF A&M SYSTEM BY ROUND
ROCK INCLUDES COSTS INCURRED IN CONNECTION WITH ANY
INVESTIGATION OF SITE CONDITIONS FOR ANY CLEANUP, REMEDIAL,
REMOVAL OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
THE PRESENCE OF HAZARDOUS MATERIAL.
12. Default and Termination. It is agreed that upon default by ROUND ROCK of
any of the covenants and conditions set forth in this Agreement, A&M SYSTEM has the right,
and such right is expressly reserved, to declare the Easement and this Agreement forfeited,.
without prejudice to any claim A&M SYSTEM may have against ROUND ROCK; provided,
however, A&M SYSTEM will give ROUND ROCK written notice of its intention to terminate
Prepared by orrice or General Counsel
Page 3 of 7 11SC Hound Rack Sidewalk rascmenl, 2D19230007
Legal riles 70n9.0021313
00"''8 19416
2019032637 Page 4 of 12
the Easement and this Agreement and the reasons for termination, and ROUND ROCK will
have 30 calendar days after receipt of notice to rectify the default or violation. Upon timely
correction, as determined by A&M SYSTEM in its sole discretion, this Agreement will remain
in full force and effect. Termination or abandonment of this Agreement for any cause is
automatic and all rights granted revert to A&M SYSTEM without the necessity of any further
action or suit on the part of A&M SYSTEM. Upon termination or abandonment, ROUND
ROCK agrees to file a Release of Easement in the Deed Records of the County in which the
Property is located, but if it fails to do so within 10 days following written demand from A&M
SYSTEM, then A&M SYSTEM will have the right to file the Release of Easement.
Abandonment will be deemed to have occurred when the Easement is not used for the purposes
granted for a continuous period of one calendar year.
13. Notices. Any notice required or permitted under this Agreement will be in
writing, and will be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be given
by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other
commercially reasonable means and will be effective when actually received. Notices should be
addressed as follows:
A&M SYSTEM: The Texas A&M University System
Office of General Counsel
Attn: System Real Estate Office
301 Tarrow, 6'h Floor
College Station, Texas 77840-7896
Phone: (979) 458-6350
Fax: (979) 458-6359
Email: sreo(tr�tamus.edu
ROUND ROCK: City of Round Rock
Attn: Gary Hudder, Transportation Director
2008 Enterprise Drive
Round Rock, Texas 78664
Phone: (512) 218-7044
With a copy to: Sheets & Crossfield, P.C.
Attn: Stephen L. Sheets
309 E. Main Street
Round Rock, Texas 78664
Phone: (512) 255-8877
Fax: (512) 255-8986
Either party can change the notice address by sending to the other party a notice of the new
address.
Prepared by Office of General founsel
Page 4 of 7 HSC Round Ruck Sidewalk I asernen9, 20192311607
Legal Files 2009-00213 1 3
01 24 19.1JW
2019032637 Page 5 of 12
I4. Waiver. The failure of ROUND ROCK or A&M SYSTEM to insist in any one
or more instances on a strict performance of any of the covenants of this Agreement will not be
construed as a waiver or relinquishment of such covenants in future instances, but the same will
continue and remain in full force and effect.
15. Privile end Immunities. ROUND ROCK acknowledges that A&M SYSTEM
is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or
relinquishment by A&M SYSTEM of its right to claim exemptions, privileges, and immunities
as may be provided by law.
16. Governing Law. The validity of this Agreement and all matters pertaining to this
Agreement, including but not limited to, matters of performance, non-performance, breach,
remedies, procedures, rights, duties, and interpretation or construction, will be governed and
determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18,
Texas Education Code, venue for any suit filed against A&M SYSTEM will be in the county in
which the primary office of the chief executive officer of A&M SYSTEM is located.
17. Grammatical Interpretation. When the singular number is used, it also includes
the plural, and the masculine gender includes the feminine and neuter gender.
18. Headinas. Headings are for reference and will not be construed to limit or alter
the meaning of the provisions of this Agreement.
19. Saving Clause. Should any clause in this Agreement be found invalid by a court
of law, the remainder of this Agreement will not be affected and all other provisions in this
Agreement remain valid and enforceable to the fullest extent permitted by law.
20. Assi 'mom. ROUND ROCK may not sell, assign, or convey the Easement
without the prior written consent of A&M SYSTEM and any attempt by ROUND ROCK to
sell, assign, or convey the Easement without such consent will cause this Agreement to
terminate.
21. Successors and Assigns. This Agreement and each and all of its covenants,
obligations and conditions will inure to the benefit of and be binding upon the heirs., personal
representatives, successors and permitted assigns of the parties.
22. Entire Agri eement/Amendment. This Agreement constitutes the complete
agreement of the parties and supersedes any prior understanding or agreement, written or oral,
between them regarding the issues covered by this Agreement. This Agreement may not be
modified orally or in any manner other than by agreement in writing signed by the parties hereto
or their permitted successors or assigns.
23. Effective Date. This Agreement is deemed to be in force as of the 28th day of
July, 2019, and is intended as a renewal and replacement of that certain Easement Agreement by
and between A&M SYSTEM and ROUND ROCK dated July 29, 2009 and recorded as
instrument number 2009058694 on August Il, 2009, of the Real Property Records of
Williamson County, Texas.
Prepared by Office ar Cseneral Counsel
Cage of 7I ISC Rournl Roel Sidewalk Easement, :01923 7
t egal Has 204194*20313
01 '_409.1144
2019032637 Page 6 of 12
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, an agency of the State
of Texas
By:
. U� �-Ok— — —
GINA JOSEPH
Managing Counsel, Property and Construction
The Texas A&M University System
APPROVED AS TO FORM:
�ENNI E J. WRIGHT
Assist nt General Counsel
0
jf1ce of General Counsel
The Texas A&M University System
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me this?U—day of r 2019 by GINA
JOSEPH. Managing Counsel, Property and Construction of The Texas A&M University
System, on behalf of the Board of Regents of The Texas A&M University System. an agency of
the gtate of TPxhc
DAYLA K. MALL
,.n
a
'*is NOTARY PUBLIC -STATE OF TEXAS
ra COMM EXP 05.25-2019
NOTARY ID 128625139
hrmes+``
Notary lic
Prepared by office of General Counsel
Page 6 o f 7
HIS(' hound Poet, Sidewalk Userneal. 2019230007
Legal riles 2009.0921301
01 24 19-1114'
2019032637 Page 7 of 12
TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
APPROVED AS TO FORM
AND CONTENT:
czi
STEPH N L. SHEETS
City Att ''rney
ATTEST:
SARA L. WHITE
City Clerk
CITY OF ROUND ROCK, TEXAS
ity Manager
ACKNOWLEDGEMENT
�GrLnit�
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me thisle-1 day of . 2019 by
C-AURIE HArDk&VU-W9%A4ftnaeer—Citv of Round Rock.
"0', PUS,
� e
•
i •
•
'pv V c •
ss •S1900
I• •
Page 7 of 7
rpepatcd by 0111cc ufGcncral Counsel
fisc Round Rock sidewalk fascmcnt, :01921MV
Lcual }ilea 20119.0021713
1.317 ACRE (57,379 SQ. FT.) TRACT
TEXAS A&M UNIVERSITY
SIDEWALK EASEMENT
EXHIBIT A
DESCRIPTION
2019032637 Page 8 of 12
FN NO 1163
JUNE 19, 2009
JOB NO. 21610.01.30
OF A 1.317 ACRE (57,379 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY
SURVEY, ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 1.317
ACRE (57,379 SQUARE FOOT) TRACT OF LAND BEING OUT OF A REMAINDER PORTION
OF A 377.590 ACRE TRACT CONVEYED TO AVERY CENTRE DEVCO, INC. IN DOCUMENT
NO. 2008072220 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 1.317 ACRE (57,379 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING at the northeast corner hereof, same being the calculated northeast comer of a 15.000 acre
tract conveyed to The Board of Regents of the Texas A&M University System (Exhibit "A") in Document
No. 2008042140 of the Official Public Records of Williamson County, Texas, also being the northwest
corner of a 4.059 acre tract (Exhibit "B", Parcel 1 l4) conveyed to the City of Round Rock, Texas in
Document No. 2009038221 of the Official Public Records of Williamson County, Texas, for additional
right-of-way for FM 1460 (80' right-of-way), also being in the south line of County Road 112, a 120 foot
wide right-of-way conveyed to Williamson County in Document No. 2005010992 and in Document No.
2008076752 and conveyed by said Williamson County to the City of Round Rock in Document No.
2008026976 Official Public Records of Williamson County, Texas, (proposed Avery -Nelson Way), from
which a 112 inch iron rod with aluminum surveyors cap found bears 504040'09"W, a distance of 0.33 feet;
THENCE leaving the said south line of County Road 112, with the east line hereof, same being the
common line between the said 15.000 acre tract and the said 4.059 acre tract, the following two (2) courses
and distances:
1) S49°29'20"E, a distance of 77.84 feet, to a 1/2 inch iron rod with aluminum surveyors cap found
for a point of curvature of a non -tangent curve, and
2) passing at an arc distance of 820.83 feet a 112 inch iron rod with aluminum surveyors cap found
(TxDOT Sta. 877-00.00) for a total arc distance of 879.68 along a curve to the right, having a
radius of 4950.00 feet, a delta angle of 10010'56", a chord distance of 878.53 feet (chord bears
S05101'58"W), to the southeast corner of the said 15.000 acre tract, same being the northeast
corner of an 11.314 acre tract conveyed to The Board of Regents of the Texas A&M University
System (Exhibit "A") in Document No. 2008042141 and (Exhibit `B") in Document No.
2008042140 of the Official Public Records of Williamson County, Texas,
THENCE continuing with the east line hereof, along the common line between the said 11.314 acre tract
and the said 4.059 acre tract, the following two (2) courses and distances -
1 of 3
EXHIBIT A
FN 1163
PAGE 2
2019032637 Page 9 of 12
1) an arc distance of 612.82 feet along a curve to the right, having a radius of 4950.00 feet, a delta
angle of 07°05'36", a chord distance of 612.43 feet (chord bears S10°07'26"W), to a 1/2 inch iron
rod with aluminum surveyors cap found for a point of tangency, and
2) S) 3141'02"W, a distance of 79.01 feet a 1/2 inch iron rod with plastic surveyors cap set for a point
of curvature
THENCE leaving the said 4.059 acre tract, continuing in the east line of the said 11.314 acre tract an arc
distance of 47.12 feet along a curve to the right, having a radius of 30.00 feet, a delta angle of 89°59'36", a
chord distance of 42.42 feet (chord bears S58°39'56"W) to a 1/2 inch iron rod with plastic surveyors cap
set for the most southerly corner hereof, same being the southeast corner of the said 11.314 acre tract;
THENCE through the said 11.314 and I5.000 acre tracts, in the west line hereof, the following four (4)
courses and distances:
N13°40'40"E, a distance of 109.01 feet to a point of curvature,
2) passing at an arc distance of 603.95 feet the common line between the said 11.413 acre tract and
the 15.000 acre tract for a total arc distance of 1470.77 feet along a curve to the left, having a
radius of 4920.00 feet, a delta angle of 17107'40", a chord distance of 1465.30 feet (chord bears
N05°06'24"E), to an angle point,
3) N49°29'20"W, a distance of 73.61 feet to an angle point, and
4) S85°03'43"W, a distance of 495.37 feet to the most northerly southwest corner hereof, same being
in the west line of the said 15.000 acre tract, also being in the east line of a 6.860 acre tract, said
6.860 acre tract being a portion of a 377.590 acre tract conveyed to Avery Centre DevCo. in
Document No. 2008072220 and referenced as Exhibit "C" in both Document No. 2008042140
and Document No. 2008042141 of the Official Public Records of Williamson County, Texas,
THENCE along the west line hereof, same being the common line between the said 15.000 acre tract and
the said 6.860 acre tract, N20°36'04"E, a distance of 16.62 feet to a 1l2 inch iron rod with plastic
surveyors cap set for the northwest comer hereof, same being the northwest corner of the said 15.000 acre
tract, also being [he northeast comer of the said 6.860 acre tract, also being in the south line of said County
Road 112;
THENCE along the north line hereof, same being the common line between said County Road 112 and
the 15.000 acre tract, N85°03'43"E, a distance of 515.53 feet to the POINT OF BEGINNING,
containing 1.317 acres (57,379 square feet) more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley
Consultants, Inc., drawing file "FN-1163Sketch.dwg".
2of3
2019032637 Page 10 of 12
FN 1163 EXHIBIT A
PAGE
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF TRAVIS §
THAT I, LAWRENCE M. RUSSO, 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,
THIS l''bAY OF JUNE, 2009 A.D.
m[• w .. �.
CE M. RUSSO, .P.L. .
STATE OF TEXAS NO. 5050
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TEXAS 78731
(FN 1151-12DOU-N-1163)
TRAVIS COUNTY, TEXAS
3of3
p"
..' .... .......
..........
5050 ,,v
2019032637 Page 11 of 12
_
6.850 AC.
CURVE TABLE
1/2- IRON ROD VNTH CAP FOUND
I NEW—
CURVE
CITY OF ROUND ROCK, TEXAS
EXHIBIT C
0 300
I
600 1
8152 ACRES
EXHIBIT 'A'. PARCEL 113
DOC, No. 2009038221
ej0'03'43'1 \
17'16'32"
1
O..P.R.KC. `K
4-
rr r
SCALE: 1 = 300
; �
�
f
�5`
1 1w
30,00*
p
REMAINDER PORTtoN
51855 ` 22&96
COUNTY ROAD 112
I 10
IV Lq
1 I
REMAINDER PORTION
INUNOAaaN rauT
DOC. lVo. 2005010992
" N nl
�
377.580 ACRES
AIRY CENTRE DEVCO, INC.
Date' A.
Doc No. 2008076752 d
I I
DOC 2 224
NOT TO SCALE
OOC. No. 2008025975
1
O.P.R.WLC.W.t
. I
WAs1EWA1ER UNE EASEMENT
Q. P. R. W. C.
r J Ses 1
— — — — — — -- — —
aP.R.w.e
I ` ata .A.
i
1",&
�rCR
SON
PROPOSED A �; L 0. a s
OB_S9
_
6.850 AC.
CURVE TABLE
1/2- IRON ROD VNTH CAP FOUND
Avery Centre DevCo, Inc.
CURVE
DELTA
EXHIBIT C
I RADIUS I
BEARING
DOC. Na. 2008042140
C1
17'16'32"
EXHIBIT C
4950.00'
1'5 "W
DOC. No. 2DD8042141
C2
89' 9'36'
O.P.R.W.0
30,00*
S58'39'56"W
REMAINDER PORTtoN
C3
20' wDE
377.590 ACRES
I 49 0.00'
INUNOAaaN rauT
AVERY CENTRE DEVCO. INC
,y'C'►tZT DOC. No. 2008042141
RETAWED w
DOC. Na 2000642140
DDC. 2008072220
a{�
I
ay.R.wG
O.P.R.W.0
1I
30 WOE — 5.343 ACRE
WAs1EWA1ER UNE EASEMENT
DOG No. 2004035520
— — — — — — -- — —
aP.R.w.e
i
DRA%% T
DDC. No. 26DSO1 W 3
IPWATL UMV NEASEYENT
15.000 AC. OOC M 2ZO 2140
EXHIBIT A OPR11G
TEXAS A&M UMV.
DOC. No. 2008042140 30'
O.P.R.W.C.
23.771 AC.
EXHIBIT B
TEXAS A&MUNIV.
DOC. No. 2008042141
O.P.R.W.C.
LEGEND
OTT Or ROUND ROCK
�
CURVE TABLE
1/2- IRON ROD VNTH CAP FOUND
A
CURVE
DELTA
ARC
I RADIUS I
BEARING
CHORD
C1
17'16'32"
1492.50'
4950.00'
1'5 "W
1486.85'
C2
89' 9'36'
47.12'
30,00*
S58'39'56"W
42.42'
C3
17 7'4 '
147D.77'
I 49 0.00'
N05'06'24'E
1465.30'
23.771 AC.
EXHIBIT B
TEXAS A&MUNIV.
DOC. No. 2008042141
O.P.R.W.C.
LEGEND
OTT Or ROUND ROCK
•
�
O
1/2- IRON ROD VNTH CAP FOUND
A
CALCULATED POINT
0
Ct0
S49'29'20'E
S
(UNLESS OTHERWISE NOTED)
Ct
P
4.184 AC.
wry Cantle DevCO, Inc. 1 F
q V 10• UIDE
EXHIBIT D 0 5
PmWE. NDN -EXCLUSIVE
oRCTAZ,1NWW T.
DOC. No. 2008042141 i $"
D,R.W.C.
O.P.R.W.C. /
D0c Nn 2007042141
PLAT RECORDS WILIJAMSON COUNTY
v.P.R.w,c
C IF R40CARM OF IrwK
11.314 AC. mcm
Excsmc DEInERY OM)
WAW
B
ElEcTmc uiEtTY EAMM.T i
IRs
t ` TEXAS A&M UNIV.
8042140
DOC. No. 2008042140
VOWT V, "Em I
� 4P.Rmc. W020��5 f
,y'C'►tZT DOC. No. 2008042141
O.P.R.W.C.
'I
!�
•
1/2"IRON ROD FOUND
O
1/2- IRON ROD VNTH CAP FOUND
A
CALCULATED POINT
0
1/2' IRON RW VATH CAP SET
S49'29'20'E
(STANLEY CONSULTANTS, INC.)
(UNLESS OTHERWISE NOTED)
(XXX)
RECORD INFORMATION
O.P.R.W.C.
OFFICIAL PUBLIC RECORDS
L2
WILLIAMSON COUNTY
D,R.W.C.
DEED RECORDS WILLIAMSON COUNTY
P.R.W.C.
PLAT RECORDS WILIJAMSON COUNTY
P.O.C.
POINT OF COMMENCEMENT
P.O.$.
POINT OF BEGINNING
1 I o
#g(2.W7
E OF TE
1,1 XASP53drd3t,
DA-W.C.
+51.28)
I
1.317 ACRE
(57,379 SO. FT.)
SIDE1'YALK
EASEMENT
(PT B83+63.10)
i
� 3 a.
PROPOSED
CITY OF ROUND ROCK, TEXAS
4.625 ACRES
EXHIBIT 'A', PARCEw 115
--DOC. No. 2009035223
O P.R. W.C,
Scaly 1'300' Dale: 00119M SHEET Ln. X.\21610.0`1 AVERY..
SKETCH TO ACCOMPANY DESCRIPTION
oeotlo
1 OF A 1.317 ACRE
Dram by. I63S. (57,379 SO. FT.) •
FEe: FN-1l635ketch.dwy SIDEWALK EASEMENT Stanley [onsultants INC.
OF 1 Approved b . P.A.S. WILLIAMSON COUNTY, TEXAS an kWh C40W 'd. 5^ sl hwm Tom x"I
Project NO.: 2161001.30 — p13) 4v'm
LINE TABLE
LINE
I LENGTH
BEARING
L1
77.84'
S49'29'20'E
0
77.80'
N49'24'36'
L2
79.01'
S13'41'02'W
L2
(N13'40'19'f
L3
109.01'
N131Q407E
L4
73.61'
1
N49'29'20"W
L5
1 16.62'
N 0' 4"
1 I o
#g(2.W7
E OF TE
1,1 XASP53drd3t,
DA-W.C.
+51.28)
I
1.317 ACRE
(57,379 SO. FT.)
SIDE1'YALK
EASEMENT
(PT B83+63.10)
i
� 3 a.
PROPOSED
CITY OF ROUND ROCK, TEXAS
4.625 ACRES
EXHIBIT 'A', PARCEw 115
--DOC. No. 2009035223
O P.R. W.C,
Scaly 1'300' Dale: 00119M SHEET Ln. X.\21610.0`1 AVERY..
SKETCH TO ACCOMPANY DESCRIPTION
oeotlo
1 OF A 1.317 ACRE
Dram by. I63S. (57,379 SO. FT.) •
FEe: FN-1l635ketch.dwy SIDEWALK EASEMENT Stanley [onsultants INC.
OF 1 Approved b . P.A.S. WILLIAMSON COUNTY, TEXAS an kWh C40W 'd. 5^ sl hwm Tom x"I
Project NO.: 2161001.30 — p13) 4v'm
2019032637 Page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019032637
Pages- 12 Fee- $61.00
04/18/2019 03.17 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
EASEMENT AGREEMENT
(Sidewalk Easement)
(Renewal)
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, as grantor (hereafter "A&M SYSTEM"), for the use and benefit of
the Texas A&M University System Health Science Center, a member of The Texas A&M
University System, on behalf of the State of Texas, acting by and through its duly authorized
officer, under authority of System Policy 41.01(6), and by virtue of authority granted to the
Board of Regents by TEX. EDUC. CODE ANN. § 85.26, in consideration of the mutual benefits
to be derived by both parties. hereby GRANTS, BARGAINS, SELLS and CONVEYS to the
CITY OF ROUND ROCK, as grantee (hereafter "ROUND ROCK"), its successors and
assigns, a non-exclusive easement (the "Easement") of variable width across certain property of
A&M SYSTEM (hereafter "the Property"), located in Williamson County, Texas, more
particularly described in Exhibit "A" attached hereto and made part of this Easement Agreement
(this "Agreement').
2. Pu ase and Location of Easement. The Easement is granted for the purpose of
erecting, constructing. installing and thereafter using, operating. inspecting, maintaining,
repairing, replacing and rebuilding a public sidewalk (the "Sidewalk"') upon, over, and across the
Property as described herein. A plat of the Property showing the surface area affected by the
Easement and the location of the Sidewalk and ROUND ROCK's right-of-way is depicted in
Exhibit " B."
3. Ri ht of Access. ROUND ROCK has the right of ingress and egress across the
Property for the purpose of erecting, constructing. installing, using, operating, inspecting,
maintaining, repairing, replacing and rebuilding the Sidewalk. ROUND ROCK agrees to
occupy the surface of the Property only to the extent and for the length of time necessary for
erecting, constructing, installing. using. operating, inspecting, maintaining, repairing, replacing
and rebuilding the Sidewalk. Any gate or opening used by ROUND ROCK for ingress or
egress in the exercise of its rights must be kept in proper condition and closed at all times. This
Sidewalk Easement grants the right of free and uninterrupted ingress and egress for persons,
vehicles, and equipment necessary or convenient for use in ROUND ROCK's exercise of its
rights in the Easement, specifically granting the right for all persons and/or members of the
general public to come on and be present within the boundaries of the described Easement.
4. Duties. If ROUND ROCK damages or destroys any fence, road. bridge, culvert,
building or other improvement, or any personal property. other than its own personal property,
ROUND ROCK must. within a reasonable period of time. repair or replace the improvement or
personal property to the extent that such improvement or personal property will. as nearly as
practicable, be in like condition as before such damage or destruction. In lieu of requiring the
repair or replacement. A&M SYSTEM may, at its option. require that ROUND ROCK pay
money damages, including without limitation. those damages incurred as a result of ROUND
ROCK or its agents or employees entering or departing the Property, or by reason of being
present on the Property. ROUND ROCK agrees to notify A&M SYSTEM no later than three
business days after completion of the initial construction of the Sidewalk, and to c o erate with
�j-Zvt�j lco
prepared by office of Cnneral Cnunsd
Page I of 7 IISC Round Rack Sidcnalk Easement, :019230007
LegalFdcs 1009-0011313
A&M SYSTEM personnel in an onsite inspection to assess any damages resulting from
ROUND ROCK's activities. Prior to any subsequent alteration or additional construction on the
Property, ROUND ROCK agrees to notify A&M SYSTEM five business days prior to
commencement of such activities.
ROUND ROCK must keep and maintain the Sidewalk in good and working order.
ROUND ROCK may delegate the duty to maintain the Sidewalk to the Avery Centre Property
Owners Association. In the event that ROUND ROCK does so delegate the duty to maintain
the Sidewalk to the Avery Centre Property Owners Association, it is acknowledged and agreed
that ROUND ROCK at all times still holds the overarching right to access and maintain the
Easement.
5. No Fee Interest Granted. This Agreement does not grant any fee interest to the
surface or any interest in the minerals, on or under the Property. This Agreement is made subject
to any and all outstanding easements and surface leases covering the Property.
6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §
85.26(c), this grant is for a term of 10 years and may be renewed only at the election of A&M
SYSTEM. ROUND ROCK expressly understands its continued possession of the Property
under this Agreement without first obtaining from the Board of Regents a renewal of the
Easement is a violation of state law that subjects ROUND ROCK to a penalty of $I00 for each
day of such violation. ROUND ROCK agrees to pay A&M SYSTEM such penalty within 10
business days after receipt of notice from A&M SYSTEM sent in compliance with Section 13 of
this Agreement.
7. Removal of Equipment. ROUND ROCK has the right to remove its equipment
at the expiration of this Agreement provided all obligations to A&M SYSTEM under this
Agreement are fully satisfied. All equipment must be removed within 60 calendar days from the
date of termination or abandonment of the Easement granted by this Agreement. If removal
causes injury to the surface or to any improvements of A&M SYSTEM, ROUND ROCK will
restore the surface or improvements or at A&M SYSTEM's option, pay for such damage within
60 calendar days after completion of such removal. If ROUND ROCK fails to remove the
equipment within the times set forth in this Paragraph, A&M SYSTEM will have the right to
remove and dispose of the equipment and collect all costs of removal and disposal from
ROUND ROCK.
8. Nonexclusive Easement. The Easement is nonexclusive. A&M SYSTEM
reserves for A&M SYSTEM and A&M SYSTEM's successors and assigns the right to full use
and enjoyment of the Property and the right to convey the Property or other rights or easements
to others, so long as such use or conveyance does not unduly interfere with ROUND ROCK's
use.
9. Hold Harmless. TO THE FULLEST EXTENT PERMITTED BY THE
CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS. ROUND ROCK
AGREES TO INDEMNIFY AND HOLD A&M SYSTEM HARMLESS FROM ANY AND
ALL CLAIMS, DEMANDS, LIABILITIES AND CAUSES OF ACTION FOR
Prepared by Office al'Gencral Counsel
Page 2 of 7 1ISC Round Rack SidcwaM Fasemen1. 241923(1007
LeS31 Files Z M)A021313
01 24 19 -IM
PERSONAL INJURY OR DEATH AND/OR DAMAGE TO OR DESTRUCTION OF
PROPERTY OR IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING
FROM THE EXERCISE OF RIGHTS GRANTED TO ROUND ROCK, ITS
EMPLOYEES, AGENTS, OR OTHER PERSONS ACTING UNDER ROUND ROCK'S
DIRECTION. ROUND ROCK FURTHER AGREES TO PAY ALL EXPENSES, COSTS,
AND ATTORNEYS' FEES ASSOCIATED WITH SUCH CLAIMS, DEMANDS,
LIABILITIES AND CAUSES OF ACTION, AS WELL AS THOSE INCURRED BY A&M
SYSTEM IN THE ENFORCEMENT OF THIS INDEMNITY PROVISION.
10. Use of Propertx. ROUND ROCK will not commit or suffer to be committed
waste upon the Property; will keep the Property, the improvements, and its equipment in good
working order and repair and in a clean, safe and healthful condition. and will comply with all
state, federal and local laws, rules and regulations with regard to the use and condition of the
improvements and equipment on the Property.
11. Hazardous Waste. ROUND ROCK will not use the Property or permit the
Property to be used so as to cause, suffer, or allow any contamination of soils, ground water,
surface water, or natural resources on or adjacent to the Property resulting from, but not limited
to, spills or leaks of oil. gasoline, hazardous materials, hazardous wastes, or other chemical
compounds. ROUND ROCK is solely responsible for cleanup of any contamination resulting
from violation of this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY ROUND ROCK AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE
PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO ROUND ROCK'S USE, THEN ROUND ROCK WILL INDEMNIFY,
DEFEND AND HOLD A&M SYSTEM HARMLESS FROM ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. THIS INDEMNIFICATION OF A&M SYSTEM BY ROUND
ROCK INCLUDES COSTS INCURRED IN CONNECTION WITH ANY
INVESTIGATION OF SITE CONDITIONS FOR ANY CLEANUP, REMEDIAL,
REMOVAL OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
THE PRESENCE OF HAZARDOUS MATERIAL.
12. Default and Termination. It is agreed that upon default by ROUND ROCK of
any of the covenants and conditions set forth in this Agreement, A&M SYSTEM has the right,
and such right is expressly reserved, to declare the Easement and this Agreement forfeited,
without prejudice to any claim A&M SYSTEM may have against ROUND ROCK; provided.
howe-er, A&M SYSTEM will give ROUND ROCK written notice of its intention to terminate
Prepared by oFlice
Page 3 of 7 11SC Round Rack SsdmalL rascmem
legal Piles raga f
the Easement and this Agreement and the reasons for termination, and ROUND ROCK will
have 30 calendar days after receipt of notice to rectify the default or violation. Upon timely
correction, as determined by A&M SYSTEM in its sole discretion, this Agreement will remain
in full force and effect. Termination or abandonment of this Agreement for any cause is
automatic and all rights granted revert to A&M SYSTEM without the necessity of any further
action or suit on the part of A&M SYSTEM. Upon termination or abandonment, ROUND
ROCK agrees to file a Release of Easement in the Deed Records of the County in which the
Property is located, but if it fails to do so within 10 days following written demand from A&M
SYSTEM, then A&M SYSTEM will have the right to file the Release of Easement.
Abandonment will be deemed to have occurred when the Easement is not used for the purposes
granted for a continuous period of one calendar year.
13. Notices. Any notice required or permitted under this Agreement will be in
writing, and will be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be given
by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other
commercially reasonable means and will be effective when actually received. Notices should be
addressed as follows:
A&M SYSTEM: The Texas A&M University System
Office of General Counsel
Attn: System Real Estate Office
301 Tarrow, 6 l Floor
College Station, Texas 77840-7896
Phone: (979) 458-6350
Fax: (979) 458-6359
Email: sreo(tr�tamus.edu
ROUND ROCK: City of Round Rock
Attn: Gary Hudder, Transportation Director
2008 Enterprise Drive
Round Rock, Texas 78664
Phone: (512) 218-7044
With a copy to: Sheets & Crossfield, P.C.
Attn: Stephen L. Sheets
309 E. Main Street
Round Rock, Texas 78664
Phone: (512) 255-8877
Fax: (512) 255-8986
Either party can change the notice address by sending to the other party a notice of the new
address.
Prepared by Office of General Counsel
Page 4 of 7 1 B Round Ruck Sidewalk Fascmcm, 2019230007
Legal piles ]009.0021313
01 24.19JJW
I4. Waiver. The failure of ROUND ROCK or A&M SYSTEM to insist in any one
or more instances on a strict performance of any of the covenants of this Agreement will not be
construed as a waiver or relinquishment of such covenants in future instances, but the same will
continue and remain in full force and effect.
15. Privile end Immunities. ROUND ROCK acknowledges that A&M SYSTEM
is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or
relinquishment by A&M SYSTEM of its right to claim exemptions, privileges, and immunities
as may be provided by law.
16. Governing Law. The validity of this Agreement and all matters pertaining to this
Agreement, including but not limited to, matters of performance, non-performance, breach,
remedies, procedures, rights, duties, and interpretation or construction, will be governed and
determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18.
Texas Education Code, venue for any suit filed against A&M SYSTEM will be in the county in
which the primary office of the chief executive officer of A&M SYSTEM is located.
17. Grammatical Interpretation. When the singular number is used, it also includes
the plural, and the masculine gender includes the feminine and neuter gender.
18. Headinas. Headings are for reference and will not be construed to limit or alter
the meaning of the provisions of this Agreement.
19. Saving Clause. Should any clause in this Agreement be found invalid by a court
of law, the remainder of this Agreement will not be affected and all other provisions in this
Agreement remain valid and enforceable to the fullest extent permitted by law.
20. Assi mom. ROUND ROCK may not sell, assign, or convey the Easement
without the prior written consent of A&M SYSTEM and any attempt by ROUND ROCK to
sell, assign, or convey the Easement without such consent will cause this Agreement to
terminate.
21. Successors and Assigns. This Agreement and each and all of its covenants.
obligations and conditions will inure to the benefit of and be binding upon the heirs, personal
representatives, successors and permitted assigns of the parties.
22. Entire Agreement/Amendment. This Agreement constitutes the complete
agreement of the parties and supersedes an}, prior understanding or agreement, written or oral,
between them regarding the issues covered by this Agreement. This Agreement may not be
modified orally or in any manner other than by agreement in writing signed by the parties hereto
or their permitted successors or assigns.
23. Effective Date. This Agreement is deemed to be in force as of the 28th day of
July, 2019, and is intended as a renewal and replacement of that certain Easement Agreement by
and between A&M SYSTEM and ROUND ROCK dated July 29, 2009 and recorded as
instrument number 2009058694 on August Il, 2009, of the Real Property Records of
Williamson County, Texas.
Prepared by Office or General Counsel
Page 5 of 7 1ISC Round Roel. Sidewalk Easement, 2019230OD7
I egal Files 20094021313
01 24 19.1151
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, an agency of the State
of Texas
By: �-Ok—
JOSEPH
Managing Counsel, Property and Construction
The Texas A&M University System
APPROVED AS TO FORM:
4ENNER J. WRIGHT
Assistint General Counsel
O Ice of General Counsel
The Texas A&M University System
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me this da), of&TexaK&M
2019 by GINA
JOSEPH. Managing Counsel, Property and Construction of The University
System, on behalf of the Board of Regents of The Texas A&M University System, an agency of
the gtnte of TPxhc
r' ., DAYLA K. MALL
en .. ��
i ?+ =NOTARY PUBLIC -STATE OF TEXAS
:. ra COMM EXP 05.25-2019
NOTARY ID 128625139
hrnuM`'
No—tary\Gblic
Prel+med b}' Office of General Counsel
Page 6 o f 7 IIS(* Round Ruck Sidcualk Easement, 2019'-30007
Legal riles 2009.0021313
0124 14.1114'
TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
ity Manager
APPROVED AS TO FORM
AND CONTENT:
STEPH
City Att
ATTEST:
�L4: �
L. SHEETS
qwkj"' 'WWOL-
SARA L. WHITE
City Clerk
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF 1 A0GN6 ' §
�GrLnr�
This instrument was acknowledged before me thisl2 day of 2019 by
lE Hz4Bb ... itv of Round Rock.
'pv v co
9rfF'�
��,�'a,�
•" .'1262: •
F� f
i ''
,ia�, ,
Page 7 of 7
Pscpmcd by Oflicc nrCicssccal Counsel
IiSC Round Rock Sidewalk Eaumcnt, 201921(mx)7
l.c_ual File$ 2009.0021313
W 24.19•JAC
1.317 ACRE (57,379 SQ. FT.) TRACT
TEXAS A&M UNIVERSITY
SIDEWALK EASEMENT
EXHIBIT A
DESCRIPTION
FN NO 1163
JUNE 19, 2009
JOB NO. 21610.01.30
OF A 1.317 ACRE (57,379 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY
SURVEY, ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 1.317
ACRE (57,379 SQUARE FOOT) TRACT OF LAND BEING OUT OF A REMAINDER PORTION
OF A 377.590 ACRE TRACT CONVEYED TO AVERY CENTRE DEVCO, INC. IN DOCUMENT
NO. 2008072220 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 1.317 ACRE (57,379 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING at the northeast corner hereof, same being the calculated northeast comer of a 15.000 acre
tract conveyed to The Board of Regents of the Texas A&M University System (Exhibit "A") in Document
No. 2008042140 of the Official Public Records of Williamson County, Texas, also being the northwest
corner of a 4.059 acre tract (Exhibit "B", Parcel 1 l4) conveyed to the City of Round Rock, Texas in
Document No. 2009038221 of the Official Public Records of Williamson County, Texas, for additional
right-of-way for FM 1460 (80' right-of-way), also being in the south line of County Road 112, a 120 foot
wide right-of-way conveyed to Williamson County in Document No. 2005010992 and in Document No.
2008076752 and conveyed by said Williamson County to the City of Round Rock in Document No.
2008026976 Official Public Records of Williamson County, Texas, (proposed Avery -Nelson Way), from
which a 112 inch iron rod with aluminum surveyors cap found bears SO4040'09"W, a distance of 0.33 feet;
THENCE leaving the said south line of County Road 112, with the east line hereof, same being the
common line between the said 15.000 acre tract and the said 4.059 acre tract, the following two (2) courses
and distances:
1) S49°29'20"E, a distance of 77.84 feet, to a 112 inch iron rod with aluminum surveyors cap found
for a point of curvature of a non -tangent curve, and
2) passing at an arc distance of 820.83 feet a 112 inch iron rod with aluminum surveyors cap found
(TxDOT Sta. 877-00.00) for a total arc distance of 879.68 along a curve to the right, having a
radius of 4950.00 feet, a delta angle of 10010'56", a chord distance of 878.53 feet (chord bears
S05101'58"W), to the southeast corner of the said 15.000 acre tract, same being the northeast
corner of an 11.314 acre tract conveyed to The Board of Regents of the Texas A&M University
System (Exhibit "A") in Document No. 2008042141 and (Exhibit `B") in Document No.
2008042140 of the Official Public Records of Williamson County, Texas,
THENCE continuing with the east line hereof, along the common line between the said 11.314 acre tract
and the said 4.059 acre tract, the following two (2) courses and distances -
1 of 3
EXHIBIT A
FN 1163
PAGE 2
1) an arc distance of 612.82 feet along a curve to the right, having a radius of 4950.00 feet, a delta
angle of 07°05'36", a chord distance of 612.43 feet (chord bears S10°07'26"W), to a 1/2 inch iron
rod with aluminum surveyors cap found for a point of tangency, and
2) S) 3141'02"W, a distance of 79.01 feet a 1/2 inch iron rod with plastic surveyors cap set for a point
of curvature
THENCE leaving the said 4.059 acre tract, continuing in the east line of the said 11.314 acre tract an arc
distance of 47.12 feet along a curve to the right, having a radius of 30.00 feet, a delta angle of 89°59'36", a
chord distance of 42.42 feet (chord bears S58°39'56"W) to a 1/2 inch iron rod with plastic surveyors cap
set for the most southerly corner hereof, same being the southeast corner of the said 11.314 acre tract;
THENCE through the said 11.314 and I5.000 acre tracts, in the west line hereof, the following four (4)
courses and distances:
N13°40'40"E, a distance of 109.01 feet to a point of curvature,
2) passing at an arc distance of 603.95 feet the common line between the said 11.413 acre tract and
the 15.000 acre tract for a total arc distance of 1470.77 feet along a curve to the left, having a
radius of 4920.00 feet, a delta angle of 17107'40", a chord distance of 1465.30 feet (chord bears
N05°06'24"E), to an angle point,
3) N49°29'20"W, a distance of 73.61 feet to an angle point, and
4) S85°03'43"W, a distance of 495.37 feet to the most northerly southwest corner hereof, same being
in the west line of the said 15.000 acre tract, also being in the east line of a 6.860 acre tract, said
6.860 acre tract being a portion of a 377.590 acre tract conveyed to Avery Centre DevCo. in
Document No. 2008072220 and referenced as Exhibit "C" in both Document No. 2008042140
and Document No. 2008042141 of the Official Public Records of Williamson County, Texas,
THENCE along the west line hereof, same being the common line between the said 15.000 acre tract and
the said 6.860 acre tract, N20°36'04"E, a distance of 16.62 feet to a 1l2 inch iron rod with plastic
surveyors cap set for the northwest comer hereof, same being the northwest corner of the said 15.000 acre
tract, also being [he northeast comer of the said 6.860 acre tract, also being in the south line of said County
Road 112;
THENCE along the north line hereof, same being the common line between said County Road 112 and
the 15.000 acre tract, N85°03'43"E, a distance of 515.53 feet to the POINT OF BEGINNING,
containing 1.317 acres (57,379 square feet) more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley
Consultants, Inc., drawing file "FN-1163Sketch.dwg".
2of3
FN 1163 EXHIBIT A
PAGE
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF TRAVIS §
THAT I, LAWRENCE M. RUSSO, 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,
Tms 2? bAY OF JUNE, 2009 A.D.
1� tI
l.LAWRENCE M. RUSSO, I,.P.L.q.
STATE OF TEXAS NO. 5050
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TEXAS 78731
(FN 1151-120OU-N 1163)
TRAVIS COUNTY, TEXAS
3 of 3
!, a• o:
..........
5050 ,v
23.771 AC.
EXHIBIT B
TEXAS A&M UNIV.
DOC. No. 2008042141
O.P.R.W.C.
LEGEND
�
CURVE TABLE
I NEW—
49 0.00' N05 06'24'E 1465.30'
CITY DF ROUND ROCK, TEXAS
DELTA
ARC
8152 ACRES
0 300
600 1
EXHIBIT 'A', PARCEL 113
17'16'32"
1
DOC No. 2009038221
SCALE: 1 "= 300'
i y l
O P.R.YEC.
89' 9'36'
47.12'
1 30.00*
COUNTY ROAD 112
jrF20' NOW)Do
I 10
I
/
REMAINDER PORTION
C. N 2005010992
' 1i1
377.580 ACRES
AVERY CENTRE OEVCO, INC ti
Doc No. 2008076752 d
I�
DOC 2 224
Doe. No. 2008026975
O.P.R.WLC.W.t
, e
O. P. R. W. C.
!�
! See
`}
L
LSON WA Y
_ *
PROPOSED
A 1'1'—N
1
R0
4 �
(tom' N5
h
4
6.860 AC.
1868+82 45
Avery Centro DevCo, Inc.'
EXHIB T C
1� Doc. No. 20MMM3
DOC. No.
. 200OU2140
w �/�
DOC. No. 2008042141
1�
1C WOEO.P.R.W.C.
/� UsO�1:1rNEASEYENT
REMAINDER PORTION
// 15.000 AC. Doc 22M 21.0
20
/ EXHIBIT A OP.11 cc.
WNDAVON �T
AVERY CENTRE DCEVCO, INC.
TEXAS A&M UMV.
• �'
RETAwm w
aoc Nay.Rz
DOC. 2008072220
DOC. No. 2008042140 30'
D.P.R.W.C.
.W.C.�21.a
O.P.R.W.t
1 I
30 WOE - 5.343 ACRE
OTT Or ROOM ROCK
WAs1EWA1ER M EASEMENT
DOG No. 2004035520
— — — — — — — -- — —
56410 AC.
� wATERUNE EAYENT1 ,,-,
01P.R.w.G
DDC. Na ZGD�007i32 � Ix
23.771 AC.
EXHIBIT B
TEXAS A&M UNIV.
DOC. No. 2008042141
O.P.R.W.C.
LEGEND
�
CURVE TABLE
1/2- IRON ROD VNTH CAP FOUND
49 0.00' N05 06'24'E 1465.30'
CURVE
DELTA
ARC
I RADIUS I
BEARING
CHORD
C1
17'16'32"
1492.50'
4950.00'
1'5 "W
1486.85'
C2
89' 9'36'
47.12'
1 30.00*
658'39'56"W
42.42'
C3
17*07'4.0 7'4
147D.77'
UVCMC uiMTY EASEMENT i
1m
t TEXAS A&M UNIV.
DOC. No. =1 42140
Q0110 *e: "EmI
Dx 4P.R.Kc. �m5 f
23.771 AC.
EXHIBIT B
TEXAS A&M UNIV.
DOC. No. 2008042141
O.P.R.W.C.
LEGEND
e
�
O
1/2- IRON ROD VNTH CAP FOUND
49 0.00' N05 06'24'E 1465.30'
S
0
I �0
S49'29'20'E
Qg
S t
(UNLESS OTHERWISE NOTED)
P
4.184 AC.
wry Cantle DavCO, Inc, r N P 7
1 M tG MOE
EXHIBIT D /J H S
P�vAfE NON-ExCIVyyE
T
DOC. No. 2408042141 t 1A PuvrlEpwY1
D,R.W.C.
O.P.R.W.C. /
Dal 2007De21.I
PLAT RECORDS VWLLIAMSON COUNTY
0.P.R.w,C
C R40CARM OF I5' 1110E
11.314 AC. cNCOR
ELEClec Darvay cWPAwr
EXHIBIT B
UVCMC uiMTY EASEMENT i
1m
t TEXAS A&M UNIV.
DOC. No. =1 42140
Q0110 *e: "EmI
Dx 4P.R.Kc. �m5 f
1131T2=1042140
I
,y'C'►QT DOC. No. 2008042141
p O.P.R.W.C.
I
,
!�
e
1/2"IRON ROD FOUND
O
1/2- IRON ROD VNTH CAP FOUND
A
CALCULATED POINT
0
1/2' IRON ROD VATH CAP SET
S49'29'20'E
(STANLEY CONSULTANTS, INC.)
(UNLESS OTHERWISE NOTED)
(XXX)
RECORD INFORMATION
O.P.R.W.C.
OFFICIAL PUBLIC RECORDS
L2
WILLIAMSON COUNTY
D,R.W.C.
DEED RECORDS WIILLIAMSON COUNTY
P.R.W.C.
PLAT RECORDS VWLLIAMSON COUNTY
P.O.C.
POINT OF COMMENCEMENT
P.O.$.
POINT OF BEGINNING
d ,? 1
518.66 ` 221
96�
1C /
Det 9 A"
NOT TO SCALE
1 �4
V ,= STAT
c �' E OF TEXAS
eo 44371 PALES
D.R W.C.
Io
(872+51.28)
I
1.3f7 ACRE
(57,379 SO. FT.)
S/OEWALK
EASEMENT
• ( 577+00.00)
y
ob
kk
'79�
(PT 8�+831oj
t
PROPOSED
�—
CITY OF ROUND ROCK, TEXAS
4.625 ACRES
EXHIBIT 'A', PARCEL 115
--DOC. No. 2009035223
O P.R.W.C.
SHEETScaly 00' 1'_3Dale: 00119M
Loeotlan. X.\21610.0`1 AVERY... SKETCH TO ACCOMPANY DESCRIPTION
1 OF A 1.317 ACRE
Dram by. 41I.R. •
Fie: FN-1I63Sketch.dwy (57,379 SO. FT.)
Approved by. P.A.S.SIDEWALK EASEMENT Stanley [onsultants INC.
OF 1 WILLIAMSON COUNTY, TEXAS an +� r'+ a� Siei � """ r'mi 7e11
Project No.: 21610.01.3D put �'
LINE TABLE
LINE
I LENGTH
BEARNG
L1
77.84'
S49'29'20'E
0
77,80'
N49'24'36'
L2
79.01'
S13'41'02"W
L2
(N13'40'19'E
L3
109.01'
N131Q407E
L4
73.61'
N49'29'20"W
L5
16.62' 1
N 0' 4"
d ,? 1
518.66 ` 221
96�
1C /
Det 9 A"
NOT TO SCALE
1 �4
V ,= STAT
c �' E OF TEXAS
eo 44371 PALES
D.R W.C.
Io
(872+51.28)
I
1.3f7 ACRE
(57,379 SO. FT.)
S/OEWALK
EASEMENT
• ( 577+00.00)
y
ob
kk
'79�
(PT 8�+831oj
t
PROPOSED
�—
CITY OF ROUND ROCK, TEXAS
4.625 ACRES
EXHIBIT 'A', PARCEL 115
--DOC. No. 2009035223
O P.R.W.C.
SHEETScaly 00' 1'_3Dale: 00119M
Loeotlan. X.\21610.0`1 AVERY... SKETCH TO ACCOMPANY DESCRIPTION
1 OF A 1.317 ACRE
Dram by. 41I.R. •
Fie: FN-1I63Sketch.dwy (57,379 SO. FT.)
Approved by. P.A.S.SIDEWALK EASEMENT Stanley [onsultants INC.
OF 1 WILLIAMSON COUNTY, TEXAS an +� r'+ a� Siei � """ r'mi 7e11
Project No.: 21610.01.3D put �'
City of Round Rock
T° ANO R°C` Agenda Item Summary
Agenda Number:
Title: Consider executing a Sidewalk Easement Agreement with the Board of
Regents of the Texas A&M University System.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/12/2019
Dept Director: Gary Hudder
Cost:
Indexes:
Attachments: Easement Agreement from A&M
Department: Transportation Department
Text of Legislative File CM -2019-0100
The Texas A&M Campus in Round Rock has granted a sidewalk easement to the City of Round
Rock for public sidewalk that is outside the City's right-of-way. This easement must be renewed
every ten years under Texas Education Code. The previous easement was signed in 2009.
City of Round Rock Page f Printed on 4111/2019