CM-2019-0204 - 7/5/2019ELECTRONICALLY RECORDED 2019061917
Williamson County, Texas Total Pages: 11
DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
That Edelgunde Johnson (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
CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson
and State of Texas ("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 stormwater drainage easement and right-of-way in, upon, over, under, above and across the
following described property:
Being a 1.188 acre tract or parcel of land situated in the Robert McNutt Survey, Abstract
No. 422, Williamson County, Texas being a part of a called 31.172 acre tract of land as
described in a warranty deed to Travis D. Johnson and wife, Edelgunde Johnson, recorded
in Vol. 663, Page 164, Deed Records of Williamson County, Texas, said 1.188 acres
being described in Exhibit "A", attached hereto and incorporated herein (The "Easement
Area").
See "Drawing of Exhibit to Accompany Description" to accompany metes and bounds
description attached hereto and made a part hereof for all intents and purposes hereunto
and in any wise pertaining, showing such easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used for
the purposes of operating, constructing and maintaining a permanent drainage easement,
underground storm sewers, and channel, along with any structures, appurtenances, materials and
grading which may be necessary, to facilitate the proper function of said storm sewers and channel,
and so as not to inhibit natural and/or existing storm water drainage from any of the adjacent
property and roa&,,vay facilities in, along, upon and across said premises described in Exhibit "A",
together with the right and privilege of the Grantee herein, its agents, employees and representatives
of ingress and egress to and from said premises from the adjacent right of way and property for the
purpose of making any improvements, modifications or repairs which the City deems necessary.
The perpetual easement, right-of-way, rights and privileges herein granted shall also
encompass the right of Grantee to trim, cut, fell and remove therefrom all trees, underbrush,
vegetation, and obstructions, structures or obstacles within the limits of the Easement Area, but only
such as necessary to carry out the purposes of the easement; reserving to the landowners and their
heirs and assigns, however, all such rights and privileges as may be used without interfering with or
abridging the rights and purposes of the easement herein acquired by Grantee. Any such trees or
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vegetation cut by Grantee shall promptly be removed and properly disposed by Grantee.
Any notice required by this Easement shall be given by Grantee to Grantor in the following
manner: at least seven (7) days prior to accessing the premises in order to exercise its rights under
this Easement, Grantee shall give written notice, by certified mail or e-mail to:
Except as provided herein, Grantee's rights and privileges related to access, maintenance, and
repair, granted herein, cannot be exercised without first giving notice to Grantor.
Notwithstanding the foregoing, after completion of construction, Grantee shall not be
required to give Grantor notice of access related to routine maintenance of the premises, such as
mowing and trimming trees, underbrush, and vegetation.
As full and final consideration for the conveyance of this Easement, Grantee will raise that
portion of Grantor's property as shown on Exhibit B (the "Fill Area") so as to be above the Base
Flood Elevation where a Special Flood Hazard Area (1% annual chance flood plain) is shown on
Grantor's property on the latest Preliminary Flood Insurance Rate Map as published by the Federal
Emergency Management Agency ("FEMA") as of the Effective Date of this easement. Grantee will
endeavor to fill pis much of the Fill Area as possible, given present and future right-of-way
constraints. Grantor will grant to Grantee any and all temporary construction/staging/grading
easements needed to complete the raising of the Fill Area. The excess fill from the construction of a
drainage project (the "Project") proposed by Grantee within the herein described easement will be
utilized to raise the: Fill Area; and said raising shall be performed in conjunction with the Project.
Grantee will re -fence to a condition equal to or better than the existing fence for any current
fence which is removed during construction of the Project or the raising of the Fill Area. Re -fencing
shall be performed in a fashion that does not impede Grantee's rights and privileges herein granted
within the Easement Area and may require re -fencing to be established along the boundary of the
Easement Area abutting Grantors' remaining property as determined by Grantee.
Prior to construction of the Project, Grantee and its contractors will enter into an agreement
with the Grantors detailing the protocol for the working relationship between the parties to ensure
that Grantor's Property is harmed as little as possible.
Grantee will cooperate with Grantor to ensure that Grantor's remaining property's
agricultural/open space exemption is not lost due to the construction of the Project.
Grantee wil l protect the existing barns) within the Easement Area during construction of the
Project. Grantee will not be required to place fill in any portion of the Fill Area described in Exhibit
B if an existing barn is within the Fill Area. Upon Grantor's sale of any part of the 31.I72 acre tract
2.
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of land described herein, Grantee's obligation to protect any existing barn(s) within the Easement
Area shall terminate.
Grantee will remove the existing brush pile on Grantor's property in the vicinity of the Fill
Area shown on Exhibit B at its sole expense, so long as the volume of the brush has not increased as
of the Effective Date of this easement. Grantor is free to continue to pile and/or burn brush on its
property outside the Easement Area, subject to fire safety regulations.
In addition to the Easement, rights, and privileges herein granted, Grantee shall have the
temporary right to use the surface of Grantor's adjacent property at a location limited to a variable
width parallel and immediately adjacent to the Easement Area, and as further shown on the sketch
which accompanies the description in Exhibit "A" attached hereto (the "Temporary Construction
Easement"), to the extent necessary to construct and install the drainage facilities within the
Easement Area; and to perform grading abutting the Easement Area where necessary to extend side
slopes of any open channel constructed as part of the Project to meet natural ground elevations. The
duration of the Temporary Construction Easement shall be for a period of twelve (12) months from
the date the Project begins on the Easement Area. Upon the completion of the Project, Grantee shall,
as reasonably possible, restore the surface of the Temporary Construction Easement to the condition
in which it was 'ound before any such work was undertaken, and Grantee's right to use the
Temporary Construction Easement shall thereupon terminate for all purposes.
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.
Grantee shall be responsible for the correction of, or compensation for, any damage to Grantor's
property which is the result of actions outside the granted purposes of this easement.
TO HAVE AND TO HOLD the same, in perpetuity, in and to Grantee, and its successors and
assigns, 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 drainage channel and storm sewers and
for making connections therewith.
Grantor does hereby bind its heirs, executors, administrators and assigns to WARRANT
AND FOREVER DEFEND, all and singular, the said premises unto Grantee, its successors and
assigns, or under Grantors, but not otherwise. This conveyance is made subject to any
validly ??? against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through existing matters of record affecting this Easement Area which are
recorded in the Official Records of Williamson County, Texas.
3.
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The perpetual easement, right-of-way, rights and privileges granted herein are non-exclusive,
however Grantor covenants not to convey any other easement or conflicting rights within the
premises covered by this grant that interfere with the purpose or function of any improvements
placed thereon, o• the maintenance of the surface of the Easement Area for the conveyance of
stormwater drainage without the express written consent of Grantee, which consent shall not be
unreasonably withheld.
EXECUTED on this the day of , 2019.
(signatures on the following page)
EI
GRANTOR:
2P56KDE:HNSON
ACKNOWLEDGMENT
STATE OF TEXAS
CITY OF VtjcQ QL . ,
2019061917 Page 5 of 11
This instrument was acknowledged before me on this the ay of 2019 by
Edelgunde Johnson, in the capacity and for the purposes and consideration recited herein.
N
Notary P , State o Texas
Printed Name:`xLLG �C
My Commission Expires:
R1
GRANTEE
CITY OF ROUND ROCK, TEXAS:
By:
Laurie Hadley
City Manager
ACKNOWLEDGMENT
STATE OF TEXAS
CITY OF WILLIAMSON
2019061917 Page 6 of 11
This instnunent was acknowledged before me on this theay o 2019 by
Laurie Hadley, City Manager of Round Rock, Texas, in the capacity and f the p oses and
consideration recited herein.
After recording please return to:
Sheets & Crossfeld, P.C.
309 East Main Street
Round Rock, Texas 78664
R1
Notary Public
Printed Name:®
My Commission
,&&V�
of Texas
2019061917 Page 7 of 11
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Partners for a Better Quality of Life
EXHIBIT "A"
City of Round Rock
Variable Width Drainage Easement
METES AND BOUNDS DESCRIPTION OF A
1.188 ACRE TRACT OF LAND OUT OF THE
TRAVIS D. JOHNSON, AND WIFE, EDELGUNDE JOHNSON TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 1.188 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY,
ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS; BEING A PART OF A CALLED 31.172
ACRE TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED TO TRAVIS D. JOHNSON,
AND WIFE, EDELGUNDE JOHNSON, RECORDED IN VOLUME 663, PAGE 164, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.); SAID 1.188 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1124nch rod found marking the common northeast comer of Lot 12, Block Two,
Greenflelds, a subdivision recorded in Cabinet D, Slides 166-167 Plat Records of Williamson County,
Texas (P.R.W.C.T.) and the southeast corner of said 31.172 acre tract, said point also being on the west
line of Lot 11, Block A, Oak Sluff Estates Phase 2, a subdivision recorded In Cabinet F, Slides 253-259,
P.R.W.C.T. for the POINT OF BEGINNING and southeast corner of the herein described tract, and
having Texas Central State Plane Coordinate System grkt values of N=10,166,900.89, E=3,164,718.09;
THENCE with the common north line of said Greenfields Subdivision and the south line of said 31.172
acre tract, South 89° 09' 41" West, passing a 112 -inch rod found at a distance of 566.56 feet, and
continuing in all for a total distance of 742.86 feet to a calculated point for the southemmost southwest
corner of the herein described tract;
THENCE traveling through the Interior of said 31.172 acre tract, the following seven (7) calls:
1. (1-1) North 00° 50' 19" West, a distance of 30.00 feet to a calculated point for a comer of
the herein described tract;
2. (1.2) North 89° 09' 41" East, a distance of 176.30 feet to a calculated point for a comer
of the herein described tract;
3. (1-3) North 00° 60' 19" West, a distance of 10.00 feet to a calculated point for a comer of
the herein described tract;
4. North 89° 09' 41" East, a distance of 526.68 feet to a calculated point for an interior
comer of the herein described tract;
6. North 020 34' 19" West, a distance of 620.46 feet to a calculated point for a comer of
the herein described tract;
1 MWO107A &ft 130
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Exhibit "A" continued
Description of a 1.188 acre tract
S. (L4) North 470 34' 19" West, a distance of 14.14 feet to a calculated point for a corner of
the herein described tract;
7. (1-5) North 020 34' 19" West, a distance of 50.00 feet to a calculated point on the
common north line of said 31.172 acre tract and the south right-of-way (R.O.W.) line of
County Road 123 (a variable width R.O.W.), for the northernmost northwest comer of the
herein described tract;
THENCE with the common north line of said 31.172 acre tract and the south R.O.W. line of said County
Road 123, (1-6) North 88° 41' 11" East, a distance of 50.00 feet to a calculated point for the
northernmost northeast corner of said 31.172 acre tract and the herein described tract;
THENCE departing the south R.O.W. line of said County Road 123, and with the common east line of
said 31.172 acre tract and the west line of said Oak Bluff Estates subdivision, the following two (2) calls:
1. South 02. 34' 19" East, a distance of 580.33 feet to a 112 -Inch rod found for the
southwest oomer of Lot 10, Block A, of said Oak Bluff Estates subdivision, for a corner of
the herein described tract;
2. (U) South 02'13149" East, a distance of 42.00 feet to the POINT OF BEGINNING and
containing 1.188 acres of land more or less, based on the survey and exhibit drawing
made by CP&Y, Inc.
Temporary Construction Easement
In addition, it Is Intended to create a variable width Temporary Construction Easement adjacent and
parallel to the north and west fine of the above-described City of Round Rock Drainage Easement. This
Temporary Construction Easement contains a computed area of 1.659 acres of land.
This metes and bounds description Is accompanied by Exhibit W.
Basis of Bearings: Bearings are based on the Texas Central zone Coordinate System, NAD '83
(HARN '93), which Is based upon the Allterra Trimble RTK Network.
Surveyed In the field during April & May of 2019.
Daniel M. Flaherty, R.P.L.S: No. 5004
CP&Y, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
See attached Plat No. A-5192
1800899-A51 92- FN01.doc
Page 2 of 2
06-14n2019
Date
2019061917 Page 9 of 11
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
EXHIBIT "B"
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
CITY OF ROUND ROCK VARIABLE WIDTH (1,188 ACRES) DRAINAGE' RASNMENT AND
A VARIABLE' WIDTH (1.069 ACRE'S) TEMPORARY CONSTRUCTION RASEMNNT
LOCATED IN THE ROBERT MGN NY SURVEY, ABSTRACT N0. 42R. WILLIAMSON COUNTY, TEXAS,
AND BEING PART OF A CALLED 31.172 ACRS TRACT OF LAND DESCRIBED IN A WARRANTY DEED
TO TRAVIS D. JOHNSON, AND }FIFE, RDELGUNDR JOHNSON,
RECORDED IN VOLUME 883, PAGE 164, DEED RECORDS, WILLIAMSON COUNTY, TEXAS
COUNTY ROAD 1$S
mow. LwE
(YARIARI.B' WIDTH 8.0.11.) t -a
LOCATION MAP
saff 10
- goo'
R.O.W. UNE
LOT 7
t3Y� '• ' D'J
TRW$ D. 'JOHIRSOON. ACRES "'I; � OAK BLUFF E67ATES PME 2
AND yam, EOEUWNDE JOHNSON �•� �s 'CA9. F, SLIDES 253-250
VOL 463 P0. 154 --�6 P.R.W.C.T
0.R 11V.C.T. i FILEDt DECEMBER 3, 1084
FILED: MARCH 17, 1977 t~�
t LOT 5 r
ROCK
VARIA�i�DTN y, o
DRAINAGE N ACRES IDT 9
�+ BLOCK A I
VARIABLE WIDTH
MlYEETCONSIRUCCN EASEMENT
1.659 ACRES LOT 10
80. w6..�va:.r.y'r.r�.—.ti,.... �r+�f�'•7!�r:.� .�.'rd—..<'{wi yFt
s 50 09'41" W -
LOT 7 1 LOT B I LOT 9 1 LOT 10
CAB. D, SLIDES 10e-167
P.R.W.aT.
FlLED: Qa7�aBER 14, 1 a76 — -
EVERGREEN DRI LVE (r;0' WE=
— -. -T , I— — —T—
LOT 11
ExDDK TVYO 'N
LINE TABLE
10T 12T
LORE
BEARMFD
DIST.
L-1
N OD'60'19' W
30.00'
L-2
N BOW41" E
176.30'
L-3
N 0010'19" w
10.00'
L-4
N 47SO19` W
K114 -
L -5
N 02'3449- W
50.00'
L-8
N 86'41'11" E
50.00'
L-7
S 0213'49" E
42.00'
R.O.W. UNE
LOT 7
t3Y� '• ' D'J
TRW$ D. 'JOHIRSOON. ACRES "'I; � OAK BLUFF E67ATES PME 2
AND yam, EOEUWNDE JOHNSON �•� �s 'CA9. F, SLIDES 253-250
VOL 463 P0. 154 --�6 P.R.W.C.T
0.R 11V.C.T. i FILEDt DECEMBER 3, 1084
FILED: MARCH 17, 1977 t~�
t LOT 5 r
ROCK
VARIA�i�DTN y, o
DRAINAGE N ACRES IDT 9
�+ BLOCK A I
VARIABLE WIDTH
MlYEETCONSIRUCCN EASEMENT
1.659 ACRES LOT 10
80. w6..�va:.r.y'r.r�.—.ti,.... �r+�f�'•7!�r:.� .�.'rd—..<'{wi yFt
s 50 09'41" W -
LOT 7 1 LOT B I LOT 9 1 LOT 10
CAB. D, SLIDES 10e-167
P.R.W.aT.
FlLED: Qa7�aBER 14, 1 a76 — -
EVERGREEN DRI LVE (r;0' WE=
— -. -T , I— — —T—
LOT 11
ExDDK TVYO 'N
10T 12T
FIELD NOTE'
POINT OF
BEGINNING
GRID N: 10,165,000.99
GRID E: 3,154,7te.09
GENERAL NOTES: LEGEND
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS, EASEMENTS • 1/2 IRON ROD FOUND
AND CONDITIONS THAT MAY BE APPLICABLE (UNLESS OTHERWISE NOTED)
3) THIS DRAVANG IS ACCOMPANIED BY EXHIBIT "A" (METES AND BOUNDS DESCRIPTION). R.O.W. - RICHT-OF-WAY
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, D.R.W.C.T. ., DEED RECORDS WI LIAMSON COUNTY, TEXAS
NAD '03 (HARN '93). MON 15 BASED UPON THE ALL70RA TRIMBLE RTK NETWORK. P.R.W.C.T. - PLAT RECORDS W WAMSON COUNTY, TEXAS
Cn-Li 1 Chisholm Trail. Suite 130. Routed Rock, Texas 78681
P&yj 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741
iBPLS 10104125
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
i THIS EXHIBIT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TEXAS. �-7-
SURVEYED: APRIL 28, 2019 DANIEL M.`FLAHERTYP.LS. N0, 600 1 OF 1
-- O 200' 400' PLAT NO.. A-5192 _ DRAFT DAIS 06--!14-201 DRAWN BYYYG-
SCALE WORK ORDER NO. 1800899 FIELDBOOK 363 TAB # A-5192
0 2019 ALL RIGHTS RESERVED DIGITAL. FILE/N # ___ 1,-00899-FN01
1800899R -SURVEY -66192 F 8
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RECORDERS MEMORANDUM
All or parts ofthe text on this page was not
clearly legible for satisfactory recordation
2019061917 Page 10 of 11
t
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019061917
Pages- 11 Fee- $65.00
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
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Drainage Easement with Edelgunde Johnson
regarding a 1.188 acre tract of land out of the Robert McNutt Survey, Abstract
No. 422.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/5/2019
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: Johnson Signed Easement
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0204
A 1.188 -acre permanent easement and an accompanying 1.659 -acre temporary easement is
being dedicated across a portion of the approximately 31 -acre Johnson Family tract located at
the southeast comer of the County Road 122 (Red Bud Lane) and County Road 123
intersection. These permanent and temporary easements are required for the construction of
the Oak Bluff and Greenfield Drainage Improvements project that is planned to reduce the
frequency of stormwater flooding within the Oak Bluff Estates and Greenfields residential
subdivisions. The City and Williamson County have previously entered into an Interlocal
Agreement to perform studies, develop plans, and to construct improvements to alleviate
flooding experienced by its citizens in these areas.
Ctry of Round Rock page l Printed on 7/3/209