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CM-2019-0220 - 7/19/20191?067'?92 `(Alp l_.O IIpa /y, Inc., THE STATE OF TEXAS COUNTY OF WILLIAMSON 2019077588 ESMT Total Pages: 10 ■III ril:9114ni WM1Sh,hi143 *111111 1111 DRAINAGE EASEMENT § KNOW ALL BY THESE EN S: That SCOT REYNOLDS AND S$ANNA :JRE'YNOLDS (he in referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dol 0.0 nd other good and valuable consideration paid by the CITY OF ROUND R , S, a municipal corporation situated in the County of Williamson and State of T ntee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRA and CONVEY unto Grantee certain rights and.interests in the nature of a perpetual`d*age eluent and right -of --way in, upon, over, under, above and across the following desp1e 7�n Being a 0.104 acre tract or parcel of land situated in the R�cNutt Survey, Abstract No. 422, Williamson County, Texas, said 0.104 a r erng described in Exhibit "A", attached hereto and incorporated herein (The "E ment rea"). The perpetual easement, right -of y, right a d privileges herein granted shall be used for the purposes of operating, constructs nd in i taining a permanent drainage easement, underground storm sewers, along with any s , appurtenances, materials and grading which may be necessary, to facilitate the h oper fui "ctr of said storm sewers in, along, over, upon and across said premises described in Ex ' "A, together with the right and privilege of the Grantee herein, its agents, employees an a es ives of ingress and egress to and from said premises from the adjacent right of w a erty for the purpose of making any improvements, modifications or repairs �c Iich a ity eems necessary. The perpetual a ht -of -way, rights and privileges herein granted shall also encompass the rt 4Grant a to trim, cut, fell and remove therefrom all trees, underbrush, vegetation, tst ctures or obstacles within the limits of the Easement Area, but only such as necut the purposes of the easement; reserving to the landowners and their heirs and as, all such rights and privileges as may be used without interfering with or abridging turposes of the easement herein acquired by Grantee. Any such trees or vegetation -shall promptly be removed and .properly disposed by Grantee. required by this Easement shall be given by Grantee to Grantor in the following seven (7) days prior to accessing to premises in order to exercise its rights under Grantee shall give written notice, by certified mail or e-mail to: 23 Evergreen Drive, Texas 78664. Notwithstanding the foregoing, after completion of construction, Grantee shall endeavor to, be required to, give Grantor notice of access related to.repair and/or maintenance of the storm 0042695 l lss2 J '-aa q'D? 2019077588 Page 2 of 10 sewers, of an immediate nature made necessary by malfunction or failure. Furthermore, Grantee may perform inspection and/or internal maintenance of the storm sewers by entering the storm sewers with personnel and/or equipment below the surface of the Easement Area at any time wi. prior notification to Grantor. The pool equipmentand other appurtenances currently existirig shall be all d to: - ain within the Easement Area, however, if said equipment or appurtenances are -r aced by Grantor, the relocation shall be outside of the Easement Area. Grantor wil 1 r tee, at Grantee's expense, to temporarily disconnect and remove the pool equipment, i in necessary by Grantee during construction. Upon completion of construction, Grante 1 ponsible, at Grantee's expense, for reinstalling the po.ol:equipment within the Ease t Ar d ensuring the proper functioning of the equipment. In addition to the Easement, -rights; and privileges herein to rantee. shall have the temporary right to use the surface of Grantor's adjacent prope t a 1 ion limited. to a variable width parallel and immediately adjacent to the Easement n a rther shown on the sketch. which, accompanies the description in Exhibit "A" attach here (the "Temporary Construction. Easement"), to the extent necessary to construct a drainage facilities within the Easement Area. Grantee shall endeavor not to re ve an rees along the east boundary of the Temporary Construction Easement, but may in d e nylimbs or portions of said trees that overhang the Temporary Construction E ent t t revent or otherwise obstruct the use of the Temporary Construction Easement by veh' equip ent, and personnel during construction. The duration.of the Temporary Construction Ease 11 be for' aperiod of twelve (12) months from the date the Project begins on the Ea nt Area. Pon the completion.of the construction, Grantee shall; as reasonably possible, resto h face of the Temporary Construction. Easement to :the condition in which it was found b r u h work was undertaken; and Grantee's right to use the Temporary Construction Eee al ereupon terminate for all .purposes. To the extent allo y rantee shall indemnify Grantor against any loss and damage which shall be ca b e e cise of the rights of ingress and egress or by any wrongful or negligent act or o ntee's agents or employees in the course of their employment. Grantee shall r si a or the correction. of, or compensation for, any damage to Grantor's property whit . e t of actions outside the granted purposes of this.easement. TO TO HOLD the same,. in perpetuity, ;in and to Grantee, and its successors and assigns, to her i all and singular all usual and customary rights thereto in anywise belonging, and to e right and privilege at any and all times to enter said premises, or any part ther , fo urpose of constructing or maintaining said storm sewers and for malting connections 2. 2019077588 Page 3 of 10 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 subjec, every person whomsoever. lawfully claiming onto claim the same or any part thereofby, through=Co matters of record affecting.this Easement Area .which are recorded in the Offi of Williamson_ County, Texas. The perpetual easement, right-of-way; rights and privileges granted here' ar : lu 've, and Grantor: covenants not to convey any other easement or conflicting rights t premises covered by this grant that interfere with the.purpose or function of any impr e ced thereon; or .the maintenance of the surface of the. Easement Area for the conveyaji, of s water drainage. without:ihe.express written consent of Grantee, which consent shall n easonably withheld. EXECUTED on this theI day ofJt,Lk, 201 . s ' tures on:thefollowing page o � 0 O 2.019077588 Page,4 of 10 GRA SCOT REYNOLDS ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF . 11V This instrument was.acknowledg ed'before.me on the day of , 2019 Scot Reynolds, in the capacity and for the purposes a ion recited herein. Ila o�'wAOP CHRISTY JUSTICE tai blit, tate of Texas _ .Notary ID#125636597 Pr to Name: r My Commission Expires March 28,2022 M :Commission Ex fres: D`LZ y P h�Grch `1-g,2 o � 0 O 4. 2019077588 Page 5 of 10 G SHXt4WAYEYNOLDS ACKNOWLEDGMENT STATE OF TEXAS COUNTY.OF : l This instrument was acknowledged before.me on 's the day of —, 20 19 Shanna Reynolds, in the capacity and for the purpos an eration recited he n. . _ QLA u . to State of Texas CHRISTY JUSTICE P Name: Ll 6� Notary ID:125636597 My Commission Expires My.C:ommission Expires:: March 28,2022 - o � 0 O 5: . .� 2019077588 Page 6 of 10 GRANTEE CITY OF ROUND ROCK, TEXAS: By: MIS:. City Manager. ACKNOWLEDGMENT STATE OF TEXAS. COUNTY OF WILLIAMSON This instrument was acknowledged b . m t - the4 day of , 2019 by City Manager of Round s; ' the capacity and fort purposes and consideration re ,i�teed heerein. 1` lit ��1��11QU 1 ii Notary Public, S to of Texas Printed Name: AAD Ll l aAr-- ,ate 41µS. My Commission Expires 3- 22 2 Z /� 5 _ IIIIIIIIIN111 After rec din lease return to: Shee o ield,.P.L.L.C. 0 st Street o ck, Texas 78664 6. 2019077588 Page 7 of 10 .EXHIBIT "A Variable Width Drainage Easement METES AND BOUNDS DESCRIPTION OF A 0.104 ACRE TRACT OF LAND OUT OF THE SHANNA R. REYNOLDS AND SCOT:R. REYNOLDS TRACT LOCATED IN WILLIAMSON COUNTY, TEXAS BEING A 0.104 ACRE TRACT OF LAND SITUATED IN THE ROBER Mc T SURVEY, ABSTRACT NO.- 422, WILLIAMSON COUNTY, TEXAS; BEING A P LO 12, BLOCK TWO, GREENFIELDS, A SUBDIVISION RECORDED 1N CABINET SLI 166-167, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.G.T);A .10 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOOS OLLOWS: COMMENCING:at a 1/2 -inch rod found marking the common soy northernmost north corner. of Lot 11, Block Two, of said subd' right=of-way (R.O.W:) line of Evergreen Drive. (50' R.O.W.); THENCE.with the common south line:of said Lot 12 and. East, a distance of 162.17 feet for the POINT OF B INN described tract, and , Having Texas Central ate lane N=10,165,900.54, E=3,154,693.59;.- t�cint r of said Lot 12 and the t also being on the east ftie'of.said Lot 11, South 65":03'41" and southwest corner of the herein oordinate System : grid values of THENCE traveling through the interior of s ' t 12, wi h a line 24.5 feet west of and parallel with the east line of said Lot 12,, the following two (2) cal 1._ (L1) North 04` 32' 62': t, a distan, a of 73.64 feet to a calculated point for a:corner of the herein described tract; 2. North 02° 061, 39" st to ce of 224.32 feet to a calculated point on the north line of said Lot 12�for th corner of the herein described tract, said point also being on the south lin a c 31.172 acre tract of land described in Warranty Deed to Travis, D. Joh ife, Edelgunde Johnson, and recorded in Volume 663, Page..: 164, Deed cord . illiamson: County, Texas (D,R,W.C.T.), and from which a 1/2 - inch r� fou mark n the northwest corner of said Lot 12 bears South 89' 09' 41 `' West, at st e 0 feet; THENCE with t c n n line of said Lot .12 and the south line of said 31.172 acre tract, (L2) North 89' 09' 4 " ast, stance of 15.00 feet to a calculated point for the northeast corner of the herein described a d f m which a 1/2 -inch rod found marking the common northeast corner of said Lot 12 and th a rner of said 31.172 acre tract, and being on the west line of Lot 11, Block A, . Oak Bluff Es es P a e 2, a subdivision recorded in Cabinet F, Slides 253-259, P.R.W.C.T. bears (L3) North 89° 09' . " Ea , at a distance of 9.50 feet; THEN tra through the interior of:said Lot 12, with a line 9.5 feet west of and parallel with the east o Lot the following two (2) calls: Page 1 of.3 ' 2019077588 Page 8 of 10 ; x i it, continued Description of.a 0.104 acre tract 1. (1-4) South 02° 06' 39"East, a distance of 223.66. feet to a calculated point for er of the herein, described tract; 2..: (1-5) South 040 .32'. 52" East, a :distance: of 81.80 feet to a: calculat oint the southeast, corner of the herein described tract, and from which a-calculate_ nt for the common southeast corner; of said Lot 12 and:: the northeast cor sa' of 11; :Greenfields Subdivision bears (L6) South:65' d3'41" East, ata dista c 2 feet; THENCE, with the common, south Gine of said Lot 12 and the:north line of said orth 65° 03' 41" West, a distance.of 1;7.23 feet to the: PONT OF BEGINNING:and.contai 0.'- cre of land more:: or less, based on the survey and exhibit drawing made-by CP&Y, Inc. Temporary Construction Ease t: p, In addition, it is intended to create a variable,width Tem or on on Easement adjacent and, parallel. to the east line of: the above_described Drainage sem This Temporary Construction Easement contains a computed area of 0.067 acre :of land:. is This' metes and bounds.deschption is accompanied bya xhibi awing. Basis of. Bearings: Bearings are based o s ral Zone Coordinate System, .NAD '83 (HARN '93),:wliich-is based upori,the Allterra mWe' .R etwork. Surveyed in the field during April & May of 2019. _. . Daniel M. Flaherty;-R.P.L.S. No. 500 DANIELM fLAHEM CP&Y, Inc: 0 ,.....v.OQ ........... < � 5004 One Chisholm Trail, Suite 1-30 92 :�Ess�°' UF�� Round: Rock, Texas 78681 S� Ph. (512) 248=0065 TBPLS Firm:No 10194.25 See attached Pla b 06-03-2019 1800899-A6193 Date O Page 2 of 3 nIIII RECORDERS MEMORANDUM 2019077588 Page 9 of 10 All or parts of the text on this page was not clearly legible for satisfactory recordation. , EXHIBIT "A DRAWING. TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 15 FOOT WILE (0.104 ACRE) DRAINAGE: EASEMENT AND A.:9.5 FOOT- SIDE (0.067 ACRE) TEMPORARY CONSTRUCTION EASEMENT LOCATEDIN THE ROBERT McNUTT. SURVEY, ABSTRACT NO. 422, WILLIAMSON CO TEXAS, AND BEING PART OF LOT 12, BLOCK TWD, GREENFIELDS SUBDIVISIO , "RECORDED IN CABINET D, SLIDES 166-167, PLAT RECORDS, WILLIAMS'ON : COUNT , VS CALLED 31.172 ACRES LOT"1 TRAVIS D. JOHNSON_ BLOCK 0 R_1 ` SITE. AND WIFE, EDELGUNDE JOHNSON VOL. 663, PG. 164 D.R.W.C.T FILED: MARCH 17, 1977 ING L-2- SUBDNISION LINE S 89.'09'41" W 135,30' 15 FOOT WIDE: . s� �, A DRAINAGE EASEMENT C4 rlv 0.104 ACRE o� A� LOT, 12 M g LOT: 10: o o BLOC BLOCK ONE. (I C C AD SSC-- o M m 23 EVE G EN OR Z FIELD NOTE' t5.1i'-p COMMENCING O POINT EVERGREEN DRIV (50 . WIDE B. 0. W.) L 11 BLOCK TWO i L-3 C 11 CK:A 9.5 FOOT. WIDE TEMPORARY CONSTRUCTION EASEMENT 0.067 ACRE LOT: 12 BLOCK A OAK BLUFF ESTATES PHASE 2 CAB. F, SLIDES -253'=259 PA.W.C:T. FILED: DECEMBER 3, 1984 LOT. 25 BLOCK A LOT. 26. BLOCK A LINE TABLE LOT 10 LINE BEARING . DIST. L-1 N 04'32'52::".:W 73.6 L=2 N 69'09'41" E 15.00 L=3' A 89'09'41" E 9:50' L-4 S: 02'06'39" E 223.66' L 5 . S 04'32'62" E 81.80' L 6'.::S 65'03'41" E 10.92' L-7 N 65'03'41" W 17.23' L-3 C 11 CK:A 9.5 FOOT. WIDE TEMPORARY CONSTRUCTION EASEMENT 0.067 ACRE LOT: 12 BLOCK A OAK BLUFF ESTATES PHASE 2 CAB. F, SLIDES -253'=259 PA.W.C:T. FILED: DECEMBER 3, 1984 LOT. 25 BLOCK A LOT. 26. BLOCK A Z. .. m GENERAL NOTES: 1) ALL PROPERTY CORNERS FOUN E 0 M MENTS. LEGEND 2) SUBJECT TO ANY AND ALL CO S S, EASEMENTS s 1/2"IRON ROD FOUND AND CONDITIONS THAT M LIC {UNLESS OTHERWISE NOTED) 3) THIS DRAWING IS ACCOMP. N 0 ETE D BOUNDS DESCRIPTION. R.O.W. =RIGHT—OF—WAY. 4) BEARINGS ARE BASED ON_ XAS AIL ZONE. COORDINATE SYSTEM, D.R,WC.T. =.DEED RECORDS WILLIAMSON "COUNTY, TEXAS NAD '83 (HARN '93), WHICH UP THE ALLTERRA TRIMBLE RTK NETWORK, P,R.W.C.T. = PLATRECORDS WII LIAMSON COUNTY; TEXAS HEREB THIS EXI 1 Chisholm. Trail, Suite :130' Round Rock, Texas: 78681 �.OF T 512.248.0065 'C TEXAS:REGISTERED ENGINEERING FIRM F -1741A- G STER �. TBPLS 10194125:'a ,N DANIEL M FLAHERTY TO THE BEST OF MY PROFESSIONAL, KNOWLEDGE. AND BELIEF; THAT "' "" ME SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR 5004 P Q THE STATE OF TEXAS � SURV - SURVEYEA`­APRIL 29, 2019. L•- —DANIEL -M. FLAHERTY, R.P:L:S..: N0. 604—y-3.017-3 0 .900.' :. 200' PLAT N0: A-5193 DRAFT DATE 06=03=2019YYG DRAWN BY: SCALE WORK ORDER . N0. X800899 FIELDBOOK 363 TAB # A-5193 1800899R—SURVEY-A5193 . F N.02 ® 2019 ALL RIGHTS RESERVED DIGITAL FILE / # 11800899-FN ou nonrAritnwnTitlp.Combanv; Inc, _ _ LOT 10 L-6_ BLOCK TWO FIELD NOTE : � GREENFIELDS POINT OF o CAB. D, Pc.T s t s BEGINNING N FILED' :OCTOBE , 19 GRID N: 10,165,900,54 0-— GRID E: 3,154,69 3.59 1 c Z. .. m GENERAL NOTES: 1) ALL PROPERTY CORNERS FOUN E 0 M MENTS. LEGEND 2) SUBJECT TO ANY AND ALL CO S S, EASEMENTS s 1/2"IRON ROD FOUND AND CONDITIONS THAT M LIC {UNLESS OTHERWISE NOTED) 3) THIS DRAWING IS ACCOMP. N 0 ETE D BOUNDS DESCRIPTION. R.O.W. =RIGHT—OF—WAY. 4) BEARINGS ARE BASED ON_ XAS AIL ZONE. COORDINATE SYSTEM, D.R,WC.T. =.DEED RECORDS WILLIAMSON "COUNTY, TEXAS NAD '83 (HARN '93), WHICH UP THE ALLTERRA TRIMBLE RTK NETWORK, P,R.W.C.T. = PLATRECORDS WII LIAMSON COUNTY; TEXAS HEREB THIS EXI 1 Chisholm. Trail, Suite :130' Round Rock, Texas: 78681 �.OF T 512.248.0065 'C TEXAS:REGISTERED ENGINEERING FIRM F -1741A- G STER �. TBPLS 10194125:'a ,N DANIEL M FLAHERTY TO THE BEST OF MY PROFESSIONAL, KNOWLEDGE. AND BELIEF; THAT "' "" ME SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR 5004 P Q THE STATE OF TEXAS � SURV - SURVEYEA`­APRIL 29, 2019. L•- —DANIEL -M. FLAHERTY, R.P:L:S..: N0. 604—y-3.017-3 0 .900.' :. 200' PLAT N0: A-5193 DRAFT DATE 06=03=2019YYG DRAWN BY: SCALE WORK ORDER . N0. X800899 FIELDBOOK 363 TAB # A-5193 1800899R—SURVEY-A5193 . F N.02 ® 2019 ALL RIGHTS RESERVED DIGITAL FILE / # 11800899-FN ou nonrAritnwnTitlp.Combanv; Inc, _ _ 2019077588 Page 10 Of 10 UD G PTI ANDRECORdED DBLIRD ESMT Fee: $0.00 08/20/2019 04:01 PM JDISHER ��T+y�Nca Nancy E. aster, County Clerk Williamson County, Texas O o � 0 O 1 City of Round Rock - m f, cic Agenda Item Summary Agenda Number: Title: Consider executing a Drainage Easement with Scot Reynolds and Shanna Reynolds regarding a 0.104 acre tract of land out of the Robert McNutt Survey, Abstract No. 422, Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/19/2019 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: Indexes: Attachments: Drainage Easement 7.11.19 Department: Utilities and Environmental Services Text of Legislative File CM -2019-0220 A 0.104 -acre permanent easement and an accompanying 0.067 -acre temporary easement is being dedicated across a portion of the lot owned by Scot and Shanna Reynolds at 23 Evergreen Drive. 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. Staff recommends execution of the drainage easement. City o/ Round Rock Page Z Printed on 7/m7ai9