CM-2019-0202 - 7/5/2019ELECTRONICALLY RECORDED 2019061918
Williamson County, Texas Total Pages: 11
STORM SEWER AND DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation situated in the County
of Williamson and State of Texas (herein after referred to as "Grantor"), for and in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the
DIAMOND OAKS, LLC, a Mississippi limited liability company, whose address is 2088 Old
Taylor Road, Oxford, Mississippi, 38655 (herein after referred to as "Grantee"), the receipt and
sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee
certain rights and interests in the nature of a perpetual storm sewer and drainage easement and right-
of-way in, upon, over, under, above and across the following described property:
(1) Being 0.025 of one acre (1,211 square feet) of land, surveyed by Landesign Services, Inc.,
situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas and being
a portion of Lot IG, Block A, replat of remainder of Lot 6, Block C, Round Rock Express
Subdivision, Section Three and a final plat of 32.946 acres out of the Joseph Marshall Survey,
Abstract No. 409, a subdivision of record in Document No. 2016006145, of the official public
records of Williamson County, Texas and a portion of Lot 4, Block A, Round Rock Express
Subdivision Section One, a subdivision of record in Cabinet S, Slide 156 of the Plat Records
of Williamson County, Texas, and being more particularly described by metes and bounds and
by sketch in Exhibit "A I" attached hereto and incorporated herein for all purposes; and
(2) Being a 0.022 of one acre (973 square feet) tract of land, surveyed by Landesign Services, Inc.,
situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas and being
a portion of Lot IF, Block A, replat of remainder of Lot 6, Block C, Round Rock Express
Subdivision, Section Three and a final plat of 32.946 acres out of the Joseph Marshall Survey,
Abstract No, 409, a subdivision of record in Document No. 2016006145, of the official public
records of Williamson County, Texas and a portion of Lot 4, Block A, Round Rock Express
Subdivision Section One, a subdivision of record in Cabinet S, Slide 156 of the Plat Records
of Williamson County, Texas, and being more particularly described by metes and bounds and
by sketch in Exhibit "A2" attached hereto and incorporated herein for all purposes.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration,
repair, rebuilding, removal and patrol of storm sewer utilities and drainage facilities, to -wit: open drainage
channel and storm sewers and collection facilities, drainage pipes and all other surface and subsurface
drainage structures, lines, connecting lines, access facilities and related equipment, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, and any necessary accessories thereto (collectively
the "Facilities").
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent, and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual,
provided however that said easement, rights, and privileges shall cease and revert to Grantors in the event
the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years.
UW 2663 ;'/ss2
2019061918 Page 2 of 11
Tile perpetual easement, right-of-way, rights, and privileges granted herein are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the premises 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 to determine the
effect, if any, on the utilities contemplated herein. Prior to granting its consent for other easements, Grantee
may require reasonable safeguards to protect the integrity of the utilities thereon.
Grantor further grants to Grantee:
(a) the right to install additional Facilities on the Easement Tract;
(b) the right to grade the easement for the full width thereof and to extend the cuts and fills for
such grading into and on the land along and outside the easement to such extent as Grantee
may find reasonably necessary;
occasion(c) the right of ingress to and egress from the easement over and across Grantor's property by
means of roads and lanes thereon, if such exist; otherwise by such route or routes as shall
practicable damage and inconvenience to { provided that such
structureright of ingress and egress shall not extend to any portion of Grantor's property which is
isolated from the easement by any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress and egress includes the right of the
Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other
obstructs, prevents, { f., _Grantee's ingress 1 and egress from
Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as
is reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable 1 immediatelyprior 1actionspursuant to this
provision, unless said fence, barricade, or other structure is inconsistent with tile rights
conveyed 1 Grantee herein;
{the right1grading1:I construction, iusing such roadson i.across...
property .. deem oftileright1ingress and egress
or to provide access to property adjacent to the easement;
11
te) the right from time to time to trim and to cut down and clear away any and all trees a
brush now or hereafler on the easement and to trim and to cut down and clear away a
trees on either side of the easement which now or hereafter in the opinion of Grantee m
be a hazard to any pipeline, valves, appliances, fittings, or other improvements by reas
of the danger of falling thereon or root infiltration therein, or which may othenwise interfe
with the exercise 1hereunder,provided, however, trees
Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, sh
continue to be the property of Grantor. but all tops, lops, brush and refuse wood shall
burned :► ;{ r ►.'.
reasonable(f) the right to mark the location of the easement by suitable markers set in the groun,3
provided that such markers shall be placed in fences or other locations which will n
interfere with any 1 of the easement; i
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
2019061918 Page 3 of 11
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantors private roads or lanes on the lands;
It is understood and agreed that any and all equipment and facilities placed upon said property shall
remain the property of Grantee.
Grantor hereby dedicates the easement as drainage and storm sewer easement for the purposes
stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, together with all and singular all usual and customary rights thereto in anywise belonging,
and together with the right and privilege at any and all times to enter said premises, or any part thereof, for
the purpose of constructing or maintaining said utilities and for making connections therewith, and Grantor
does hereby bind itself, it's successors and assigns and legal representatives, to WARRANT AND
FOREVER DEFEND, all and singular, the said easement and rights and interests unto the City of Round
Rock, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of 2019.
GRANTOR:
CITY OF ROUND ROCK, TEXAS
B l
Laurie Hadley, City Manage
(Acknowledgement Next Page)
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIIAMSON
2019061918 Page 4 of 11
d, ,
This instrument was acknowledged before me on this the day of the month o
2019, by LAURIE HADLEY, City Manager of the City of Round Rock, Texas, known yme t be the
person whose name is subscribed to the instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein stated.
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2019061918 Page 5 of 11
s LANDESIGN*
1. SERVICES, INC.
1220 McNeil Road, Suite 200 I Round Rock, t'exaq 78681
rl3PLS Firm No. 10001800 1512-238-7901 orrice
EXHIBIT "AI"
METES AND BOUNDS DESCRIPTION
BEING 0.028 OF ONE ACRE (1,211 SQUARE FEET) OF LAND, SURVEYED
BY LANDESIGN SERVICES, INC., SITUATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, 'TEXAS AND
BEING A PORTION OF LOT 1 G, BLOCK A, REPLAT OF REMAINDER OF
LOT 6, BLOCK C, ROUND ROCK EXPRESS SUBDIVISION, SECTION
THREE AND A FINAL. PLAT OF 32.946 ACRES OUT OF THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, A SUBDIVISION OF RECORD
IN DOCUMENT NO. 2016006145, OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND A PORTION OF LOT
4, BLOCK A, ROUND ROCK EXPRESS SUBDIVISION SECTION ONE, A
SUBDIVISION OF RECORD IN CABINET S, SLIDE 156 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), AND BEING
MORE PARTICULARLY DESCRIBED BY NIET'ES AND BOUNDS AS
FOLLOWS:
BEGINNING at a Calculated Point in the common line of said Lot IG and Lot IA, said Block A,
from which a 112 -inch rebar with cap marked "LANDESIGN" found in the common line of said
Lot 1 A and said Lot I G, bears along a curve to the Right having a radius of 96.28 feet, an arc
length of 22.54 feet, a delta angle of 13°24'53", and a chord which bears South 21'27'52" West a
distance of 22.49 feet;
TI IENCE over and across said Lot I G and said Lot 4, the following nine (9) courses and distances:
1. North 58057146" West passing the common line of said Lot I G and said Lot 4, and
continuing for a total distance of 66.62 feet to a Calculated Point;
2. North 31°02'14" East a distance of 5.48 feet to a Calculated Point;
3. North 65143103" West a distance of 7.74 feet to a Calculated Point;
4. North 35022'40" West a distance of 1934 feet to a Calculated Point;
5. North 54137'20" East a distance of 10.85 feet to a Calculated Point;
6. South 35022'40" East a distance of 15.99 feet to a Calculated Point;
LSIP 'Vhalnuml 41st,% Nie[ ra ' N.ImEMIX D DING I'Skl I
2019061918 Page 6 of 11
7. South 20°33'55" East a distance of 10.20 feet to a Calculated Point;
8. North 31°02'14" East a distance of 5.48 feet to a Calculated Point; and
9. South 58057'46" East passing the common line of said Lot 4 and said Lot 1G, and
continuing for a total distance of 61.51 feet to a Calculated Point in the common line of
said Lot IG and said Lot IA, from which a 112 -inch rebar with cap marked "LANDESIGN"
set in the common line of said Lot IG and said Lot ]A, bears North 25°02'26" East a
distance of 34.78 feet;
THENCE with the common line of said Lot I G and said Lot 1 A, the following two (2) courses
and distances:
1. South 25002'26" Nest a distance of 6.78 feet to a 112 -inch rebar with cap marked
"LANDESIGN" found; and
2. Along a curve to the Right having a radius of 96.28 feet, an arc length of 8.73 feet, a delta
angle of 05°11'46", and a chord which bears South 12009'32" West a distance of 8.73
feet to the POINT OF BEGINNING and containing 0.028 of one acre (1,211 Sq. Ft.) of
land, more or less.
This project is referenced for all bearing and coordinate basis to the'hexas Coordinate System, North
American Datum of 1983 (NAD83 - 2011 Adjustment), Central Zone (4203). All distances and areas
shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -surface combined
adjustment factor of 1.0001130542 and scaled from an origin point of grid coordinates:
N- 10166732.893, E=3148512.175.
This property description was prepared from an on -the -ground survey performed under my
supervision and is accompanied by a separate plat of even date. The field work was completed in
October 2017.
��.0F,TF
S�'Gti5t�9q�
Tra4S.atZ ..............
Registered Professional Land Surveyor,TRAVIS S TABOR
State of Texas No. 6428 0 6428 �r ������
l. '�f s s °.•
4+6 •........• 09,
Job Number. 16-002 SURVr
,Vlacbmenls- CAI) Drawing. L. Dtamond Oaktilnll'GSII)O DING L•SMT,dwg
hiI 11)ndnmiod 4 hsk,;\%1e1es 1 lioundsWO RNR I '11MI i
GRAPHIC SCALE
C� 0'
Line Table
Line III
Direction
Length
Ll
N31' 02' 14"E
5.48'
L2
N65' 43' 03"W
7.74'
L3
N35' 22' 40"W
19.34-
L4
N54' 37* 20"E
B
10, EIT
S35- 22' 40"E
15.99'
L6
S20' 33' 55-E
0.
10.20'
L7 N31' Of 14"E 1 5.48'
LB S25- 02' 26
THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS
COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83 - 2011 ADJUSTMENT), CENTRAL
ZONE (4203).
DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON
A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.0001130542 AND SCALED FROM AN
ORIGIN POINT OF GRID COORDINATES: N=10166732.893, E=3148512.17S
EASEMENT
0.028 OF ONE ACRE
(1,211 SQ. FT.)
LOT 4
BLOCK A
ROUND ROCK EXPRESS SUBDIVISION
SECTION ONE,
CAB. S, SLIDE 156
P.R.W.C.T.
Curve Table
Curve III Radius Length Delta Chord Bearing Chord
C11 96.28' 8.73' 5*11'46" S12* 09' 32"W 8.73'
C2 96,28' 22.54' 13'24'53" S21' 27' 52"W 22.49'
L—
LEGEND
LOT IG
BLOCK A
1/2" REBAR WITH CAP MARKED -LANDESIGN- FOUND
(OR AS NOTED)
CALCULATED POINT NOT SET
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS
P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
!UMBER: 16-002
CT NAME: DIAMOND OAKS
IG NAME: DO DRNG ESMT.DWG
qG FILE PATH:
mond Oaks\DWGS
AND BOUNDS FILE PATH:
mond Oaks\Metes and Bound:
DRNG ESMT.DOC
N/A CHK BY: TST
I RrAl F- 1 "® qr
9
POINT OF
BEGINNING
LOT 1A
BLOCK A
REPLAT OF REMAINDER OF LOT 6,
BLOCK C, ROUND ROCK EXPRESS
SUBDIVISION, SECTION THREE AND
A FINAL PLAT OF 32.946 ACRES OUT
OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409
DOC. NO. 2016006145
hb- O.P.R.W.CT,
mmm
LANDESIGN
LSI 814,UZN'I("FS, INC.
1220 NICNEIL ROAD, SUITE 200
ROUND ROCK, TX 78681
T73PI-S FIRM NO 10001800
512-238-7901
2019061918 Page 8 of 11
1220 McNeil Road, Suite 200 1 Round Rock, Texas 78691
TBPLS Finn No. 1000 1800 1 512-239-7901 office
EXHIBIT "AT'
911 gallo-
011) 0 0 t E4181 q, a H 13 h M 6114 [Q •
BEGINNING at a Calculated Point in the common line ofsaid Lot IF and Lot IA, said Block A,
from which a 1/2 -inch rebar with cap marked "LANDESIGN" found in tile common line of said
Lot I A and said Lot I F, bears along a curve to the Right having a radius of 69.41 feet, all arc length
of38.61 rect, a delta angle of 31 '52'2 1 ", and a chord which bears South 50'1 TOY West a distance
of 38.12 feet;
THENCE over and across said Lot IF and said Lot 4, the following thirteen (13) courses and
distances:
1. North 50'32'14" West a distance or23.83 feet to a Calculated Point;
2. North 73*04'13" West a distance of 10.55 reel to a Calculated Point;
3. of 84125'47" West a distance of 6.93 feet to a Calculated Point;
6. North 63'27'23" West passing the common line of said Lot IF and said Lot 4, and
continuing for a total distance or 14.83 feet to a Calculated Point;
bi
1 :)1111110fld 04; , %1CWS 1111d 1101UR1 ADO DRN( 1511 1 2 111K P n,: I I '
2019061918 Page 9 of 11
10. North 05'34'13" West passing the common line of said Lot 4 and said Lot IF, and
continuing for a total distance of 4.49 feet to a Calculated Point;
M FOR IT 8 1 in
VNIMENVI• F
14F -2wW11111=11,111111111 &111!711111111111
Ir"tYM il�llllllllllllllllllllilC;L
T, i t•IT I ne common tine
said Lot IF and said Lot I A, from which a 1/2-inchrebarivith cap marked "LANDES IG
set in the I
common line of said Lot IF and said Lot I A, berth 18
ars No'28'06'* East
distance of 42.99 feet;
THENCE with the common line of said Lot I F and said Lot I A, the following two (2) courses and
distances:
I. South 18128'06" West a distance of 2.97 feet to a 1/2 -inch rebar with cap marked
2. Along a curve to the Right having a radius of 69.41 feet, an arc length of] 2.44 feet, a del
angle of 10016'01", and a chord which bears South 29112'52" West a distance of 12.1
feet to the POINT OF BEGINNING and containing 0.022 of one acre (973 Sq. Ft.)
land, more or less. I
I M MM
r NO 1- I 1nWUVtWk
adjustment factor of 1,0001130542 and scaled from an origin point of grid coordinates:
N=10166732.893, E=3148512.175.
This property description was prepared from an on-the-grOUnd survey
supervision and is accompanied by a separate plat of even date. The field
October
avis s * rab;
Registered Professional Land Surveyor
State of Texas No. 6428
Job Numbvr: 16-002
Attachirwils: CAI) Drawing, LUjntutid Oaks.,DWGSMO DRNG LSM I khvg
biI Diamond 0:11. Meles mod lloouid,,\130 DIUNO 1 %\I 1 2 docx
performed under my
work was completed in
2La 19, 4, 1' 1
pmmmm 4
GRAPHIC SCALE
ZONE (4203).
ORIGIN POINT OF GRID COORDINATES: N= 1,0166732.893, E=3148512.175
----MT 4
BLOCK A
ROUND ROCK EXPRESS SUBDIVISION
SECTION ONE,
CAB. S, SLIDE 156
P.R.W.C.T. ff —ii- L
Line
Line Table
Direction
Length
L9
N73' 04' 13"W
10,55'
L10
S84' 25' 47"W
6.93*
Lli
S54* 42' 41"W
8.26'
L12
L13
N46' 53' 38"W
N63' 27' 23"W
5.42'1
14.83'
L14
N09' 57' 33"E
7.27'
LIS
S88* 25' 51"E
12.86'
L16
L17
S73' 35' 20*E
N05* 34' 13"W
7.36'
4.49'
LIB
N84* 25' 47*E
11.70'
L19
L20
S73* 04' 13"E
SIB* 28' 06"W
16.53'
2.97'
L15
19
L18
LIO C9
... ...........
CP
Curve Table
Curve #
Radius
Length Delta Chard Bearing Chard
C3
C4
L—
69-41'
69.41'
12.44' 10*16'01" S29* 12' 52"W 12.42'
38-61' 31'52'21" S50* 17' 03"W 38.12'
I
LEGEND
O 1/2" REBAR WITH CAP MARKED "LANDESIGN" FOUND
(OR AS NOTED)
CALCULATED POINT NOT SET
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
P.R.W.C,T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
OB NUMBER: 16-002
IROJECT NAME. DIAMOND OAKS
IRAWING NAME: DO DRNG ESMT.DWG
IRAWING FILE PATH:
:\Diarnond OoksNDWGS
IETES AND BOUNDS FILE PATH:
:\Diamond Ocks\Metes and Bounds
--T
PLS: TST ITECH: HAS PARTY C1
9
MUNHWInJIMITON
POINT OF
BEGINNING
.1Z
LOT IA
BLOCK A
REPLAT OF REMAINDER OF LOT 6,
BLOCK C, ROUND ROCK EXPRESS
SUBDIVISION, SECTION THREE AND
A FINAL PLAT OF 32.946 ACRES OUT
OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409
DOC. NO. 2016006145
O.P.R.W.C.T.
Of.h.
•® .TRAVIS
.........
TRAVIS S.....TABOF1
..................
6428 ?w I
4SU F S S I
0 9'
LAN D I CJS I Cr'N
LSF4,M'ICES, INC.
1220MCNFII ROAD, SUITF200
ROUND Rock, rx 7sm
171311LS FIRM NO 10001800
S1p 512-238 7901
!2
00
2019061918 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019061918
Pages- 11 Fee- $57.00
07/10/2019 08.40 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK Agenda Item Summary
i F r:d�.`
Agenda Number:
Title: Consider executing a Storm Sewer and Drainge Easement for two (2) tracts
of land owned by the City of Round Rock for the Diamond Oaks Residential
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/5/2019
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: LAF - Storm Water and Drainage Easement (Diamond Oaks Residential)
(06 24 19) (00426652xA08F8), ED1808-001 Diamond Oaks DRG SS
easement to City from City
Department: Planning and Development Services Department
Text of Legislative File CM -2019-0202
This easement is for private storm pipes and headwalls from a nearby development. The City
(PARD) owns the property in the flood plain, i.e. between the development lot and the creek
flow line, so the developer needs this drainage easement from the City to accomodate their
drainage. PARD has raised no concerns.
City olRoundRock •I Page 1 "."-11 Printed on 7/1/2019