CM-2019-0229 - 7/26/2019Sheets & Crossfield P.L.L.C.
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
July 12, 2019
Christine Peterson
19 Evergreen Drive
Round Rock, Texas 78664
Re: City of Round Rock - Oak Bluff and Greenfield Drainage Improvements
Project
Dear Mrs. Peterson:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of a drainage easement interest in and across a portion of your property
located at 19 Evergreen Drive (Lot 10 of Greenfields Subdivision) as part of the City of
Round Rock's (the "City") proposed Oak Bluff and Greenfield Drainage Improvements
Project.
In return for granting a drainage easement across an approximately 0.101 acre
tract to Williamson County, Texas, the City will pay you the sum of Five Thousand and
No/100 Dollars ($5,000.00). The form of the drainage easement granted to Williamson
County will be as shown in Exhibit "A" attached hereto.
If requested by the City, the CIosing and completion of this transaction shall take
place at the Georgetown office of Independence Title (the "Title Company") within thirty
(30) days after full execution of this agreement, or at another date and time agreed to
between the parties. The City shall be responsible for all fees and costs associated with
closing, except that each party shall be responsible for any attorney's fees they incur.
You shall assist the City and the Title Company with any curative measures or mortgage
lien subordination required as a condition of the Closing.
If this meets with your understanding, please execute this Ietter where indicated,
along with the aforementioned drainage easement (the easement is transmitted separately
with this letter) and return both executed documents to me. Upon receipt of both
executed documents, I will submit both the letter agreement and drainage easement to the
City for consideration and approval. If approved by the City, the City will process this
for payment as quickly as possible.
6'-20fq -6 221
00427695/ss2
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
Stephanie L. Sandre
Sheets & Crossfield, P.L.L.C.
AGREED:
CHRISTINE PETERS
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Date: 4/a /Jo /-1
CITY OF ROUND ROCK, TEXA$
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EXHIBIT "A" (DRAINAGE EASEMENT)
FOLLOWS THIS PAGE
Exhibit "A" to Letter Agreement
Form of Drainage Easement
DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
That CHRISTINE PETERSON (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 COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the 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
drainage easement and right-of-way in, upon, over, under, above and across the following described
property:
Being a 0.101 acre of land situated in the Robert McNutt Survey, Abstract No. 422,
Williamson County, Texas; being a part of Lot 10, Block Two, Greenfields, a subdivision
recorded in Cabinet D, Slides 166-167, plat records of Williamson County, Texas
(P.R.W.C.T.); said 0.101 acre tract being described in Exhibit "A", attached hereto and
incorporated herein (The "Easement Area").
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 and
underground storm sewers, along with any structures, appurtenances, materials and grading which
may be necessary, to facilitate the proper function of said storm sewers in, along, over, 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 Grantee 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. In the event an Oak
tree is to remain in the Easement Area, but limbs are required to be removed to carry out of the
purposes of the easement, Grantee shall trim said limbs only under the direction of the City's
Forestry Manager or another qualified arborist. Any such trees or 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
00427702.ss2
Exhibit "A" to Letter Agreement
Form of Drainage Easement
this Easement, Grantee shall give written notice, by certified mail or e-mail to: 19 Evergreen Drive,
Round Rock, Texas 78664.
Notwithstanding the foregoing, after completion of construction, Grantee shall endeavor to,
but not be required to, give Grantor notice of access related to repair and/or maintenance of the storm
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 without prior
notification to Grantor.
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 two (2) locations limited to
variable widths 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. Grantee shall endeavor not to remove trees within the Temporary
Construction Easement, excepting trees that prevent and/orobstruct reasonable use of the Temporary
Construction Easement andior access to the Temporary Construction Easement and/orthe Easement
Area by vehicles, equipment, and personnel during construction; and Grantee may trim and remove
any limbs or portions of trees that overhang the Temporary Construction Easement that prevent or
otherwise obstruct the use of the Temporary Construction Easement by vehicles, equipment, and
personnel during construction. 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 construction, Grantee shall, as reasonably possible, restore the surface of the
Temporary Construction Easement to the condition in which it was found 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 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 every
2.
Exhibit "A" to Letter Agreement
Form of Drainage Easement
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.
The 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 that interfere with the purpose or function of any improvements placed thereon,
or 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)
3.
Exhibit "A" to Letter Agreement
Form of Drainage Easement
GRANTOR:
CHRISTINE PETERSON
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the _ day of , 2019, by
Christine Peterson, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
4.
Exhibit "A" to Letter Agreement
Form of Drainage Easement
GRANTEE
COUNTY OF WILLIAMSON, TEXAS:
By:
Bill Gravel], Jr.
County Judge
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _, day of , 2019 by
Bill Gravell, Jr., County Judge of Williamson County, Texas, in the capacity and for the purposes
and consideration recited herein.
After recording, please return to:
Sheets & Crossfield, P.L.L.C.
309 East Main Street
Round Rock, Texas 78664
5.
Notary Public, State of Texas
Printed Name:
My Commission Expires
Exhibit "A" to Letter Agreement
Form of Drainage Easement
P&Y-)
Partners for a Better Quality of Life
EXHIBIT "A"
Variable Width drainage Easement
METES AND BOUNDS DESCRIPTION OF A
0.101 ACRE TRACT OF LAND OUT OF THE
CHRISTINE PETERSON TRACT
LOCATED IN WILLIAMSON COUNTY, TEXAS
BEING A 0.101 ACRE TRACT OF LAND SITUATED IN THE ROBERT McNUTT SURVEY,
ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS; BEING A PART OF LOT 10, BLOCK
TWO, GREENFIELDS, A SUBDIVISION RECORDED IN CABINET D, SLIDES 166-167, PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.101 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 112 -inch rod found marking the common northeast corner of Lot 9, Block Two, of said
subdivision and the northwest corner of said hot 10, said point also being on the south right-of-way
(R.O.W.) line of Evergreen Drive (50' R.O.W.);
THENCE (1-1) North 89° 09'51" East, with the common south R.O.W. line of said Evergreen Drive and
the north line of said Lot 10, a distance of 116.73 feet for the POINT OF BEGINNING and northernmost
northwest corner of the herein described tract, and having Texas Central State Plane Coordinate System
grid values of N=10,165,599.80, E=3,154,448.32;
THENCE continuing with the common north line of said Lot 10 and the south R.O.W. line of said
Evergreen Drive, (1-2) North 890 09' 5111 East, a distance of 43.28 feet to a calculated point for the
common northeast comer of said Lot 10 and the northwest corner of Lot 11 of said Block Two, for the
northeast corner of the herein described tract;
THENCE with the common east line of said Lot 10 and the west line of said Lot 11, South 120 14' 50"
East, a distance of 252.14 feet to a calculated point for the common southeast corner of said Lot 10 and
the southwest corner of said Lot 11, and being on the north line of Lot 12, Block A, Oak Bluff Estates, a
subdivision recorded in Cabinet F, Slides 125-127, P,R_W.C.T., for the southeast corner of the herein
described tract;
THENCE with the south line of said Lot 10, and partway with the north line of said Lot 12, Block A and
partway with the north line of Lot 11 of said Block A, (1-3) South 89° 09' 51" West, a distance of 33.00
feet to a calculated point for the southernmost southwest corner of the herein described tract, and from
which a 112 -inch rod found marking the common southeast corner of said Lot 9, Block Two and the
southwest corner of said Lot 10, Block Two bears South 89' 09'51' West, at a distance of 177.00 feet;
THENCE traveling through the interior of said Lot 10, Block Two, the following six (6) calls:
1. (1-4) North 000 50, 19" West, a distance of 15.00 feet to a calculated point for a corner of
the herein described tract:
2. (1-5) North 89" 09' 51" East, a distance of 9.00 feet to a calculated point for a corner of
the herein described tract;
Page 1 of 3
1 Chbhokn Trat sub no
Round Hock, Texas 78881
19PEAF 0
18PL9910if4125
(P)512.24&0055 (Q512.246.0359
www.cPyLmm
Exhibit "A" to Letter Agreement
Form of Drainage Easement
Exhibit "A" continued
Description of a 0.101 acre tract
3. (1-6) North 000 50' 09" West, a distance of 28.09 feet to a calculated point for a corner of
the herein described tract;
4. North 12" 14' 50" West, a distance of 197.98 feet to a calculated point for a corner of
the herein described tract;
5. (1-7) South 890 09' 51" West, a distance of 30.00 feet to a calculated point for a corner
of the herein described tract;
6. (1-8) North 00° 50' 09" West, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 0.101 acre of land more or less, based on the surrey and exhibit drawing
made by CP&Y, Inc.
Temporary Construction Easements
In addition, it is Intended to create two (2) variable width Temporary Construction Easements adjacent
and parallel to the west line of the above-described Drainage Easement These Temporary Construction
Easements contain a computed area of 0,048 acre of land to the north and 0.065 acre of land to the south
(combined area of 0.113 acre)_
This metes and bounds description is accompanied by an exhibit drawing,
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.
Daniel71na
Flaherty, R P.LS_ No. 5004
CP&Y
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph, (512) 248-0065
TBPLS Firm No 10194125
See attached Plat No. A-5194
1800899 -A5194 -F NO3.doc
Page 2 of 3
05-21-2019
Date
NJ
Exhibit "A" to Letter Agreement
Form of Drainacre Easement
EXHIBIT "A"
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
VARIABLE WIDTH (0.101 ACRE) DRAINAGE EASEMENT AND
TWO (2) VARIABLE WIDTH (0.048 ACRE AND 0.065 ACRE) TEMPORARY CONSTRUCTION EASEMENTS
LOCATED IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS,
AND BEING PART OF LOT 10, BLOCK TWO, GREENFIELDS SUBDIVISION,
RECORDED IN CABINET A SLIDES 166—f67. PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
Lor 9 FIELD NOTE
BLOCK ONE POINT OF LOT 10
CR 123 GREENFlELDS BEGINNING BLOCK ONE
CAB. 0. SLIDES 188-187 GRID N:10,185.599.80
51TE, OCTOBER
T. GRID E: 3.154.448.32
ERG NG Fly' OCTOBER 18, 1978 - -
r NN
N EVERGREEN DRIVE
K 0 (50' WIDE R.O.W.)
R.O.W. UNE L-1
LOCATION MAP
SCALE. f " = 100'
FIELD NOTE
LINE TABLE
COMMENCING
LINE
BEARING
DIST.
L-1
N 89'0951" E
118.73'
L-2
N B9 49'51' E
43.28'
L-3
5 8949'51" W
33.00'
L-4
N 00'50'09' W
15.00'
L--5
N 8949'51" E
9.00'
L -e
N 00"50'09' W
28.09-
L-7
5 8949'51" W
30.00'
L-8
N 00'50'09' W
10.00'
FIELD NOTE
COMMENCING
POINT
VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT
0.048 ACRE
25
LC9
LOT 1
BLOCK
K TWO
BLOCK TWO
GREENFIELDS
ADDRESS:
CAB. D. SLIDES 188-187
19 EVERGREEN DR.
P.R.W.C.T.
FILED:OCTOBER 18, 1978
VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT
0.085 ACRE
SUBDIVISION LINE
LOT 10
BLOCK A
117.00^
S 8949'51' W --- 177.00'
LOT 12
BLOCK TWO
VARIABLE WIDTH
DRAINAGE EASEMENT
0.101 ACRE
N
E� LOT 11
BLOCK TWO
BLOCK A /
OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
P.R.W.C.T.
FILED. SEPTEMBER 9, 1984 /
LOT 12
BLOCK A
GENERAL NOTES:
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. LEGEND
2) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE. • 1/2' IRON ROD FOUND
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (UNLESS OTHERWISE NOTED)
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, R.O.W. - RIGHT-OF-WAY
NAD '83 (HARN '93), WHICH IS BASED UPON THE ALLTERRA TRiMBLE RTK NETWORK. D.R.W.CT. DEED RECORDS WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS YAWAMSON COUNTY, TEXAS
1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 OF
04
PS Y_j512.248.0065
TEXAS REGISTERED ENGINEERING ARM F-1741 ,�P,.�i;�sr �
TSPLS 10194125
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT t 50U`1
THIS EXHIBIT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TE (AS.�e '4 -4 9/ji !FSS!
S
�j SURVEYED: APRIL 29, 2019 _ Nei IEL M. FLAHERTY, R.P.L.S. NO. 5004/ 1 — 3 OF 3
U0 100' 2�' PLAT NO. A-5194 - DRAFT DATE 05-21-2019 DRAWL BY. � GG
SCALE WORK ORDER NO. 1800899 FIELDBOOK 363 _ TAB A-5194
2019 ALL RIGHTS RESERVED DIGITAL FILE1800899R—SURVEY— A5194 F/N If 1800899—FN03
City of Round Rock
P'ROUM ROLKAgenda Item Summary
Ai
Agenda Number:
Title: Consider executing a Letter Agreement with Christine Peterson regarding a
0.101 -acre drainage easement out of the Robert McNutt Surrey, Abstract No.
422 for the Oak Bluff and Greenfield Drainage Improvements Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7126/2019
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $5,000.00
Indexes: 2014 Drainage Revenue Bonds
Attachments: Easment
Department: Utilities and Environmental Services
Text of Legislative Fite CM -2019-0229
A 0.101 -acre permanent easement and accompanying 0.048 -acre and 0.065 -acre temporary
easements are being dedicated across a portion of the lot owned by Christine Peterson at 19
Evergreen Drive. These permanent and temporary easements are required for 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, if the current identified funding is sufficient to complete the project. This Letter
Agreement establishes that the City will compensate Mrs. Peterson $5,000 for these
easements. Because the improvements within the permanent easement would be wholly within
Williamson County, the easements would be transmitted for acceptance by Williamson County
if the Letter Agreement is executed by the City. The City and County have previously executed
an Interlocal Agreement regarding this improvements project. Staff recommends approval of
the Letter Agreement.
Cost: $5,000
Source of Funds: 2094 Drainage Revenue Bonds
C1ty of Round Rock , • Page 1 Printed on 7/25/2019