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CM-2019-0240 - 8/16/2019ELECTRONICALLY RECORDED 2019077625 Williamson County, Texas Total Pages: 17 EASEMENT AGREEMENT (Water Meter Vaults) (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, TEXAS, as grantee (hereafter "ROUND ROCK"), its successors and assigns, a non-exclusive easement (the "Easement") for three water meter vaults across certain property of A&M SYSTEM (hereafter "the Property"), located in Williamson County, Texas, more particularly described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made part of this Easement Agreement (this "Agreement"). 2. PmMose and Location of Easement. The Easement is granted for the purpose of installing and maintaining three water meter vaults (the "Vaults"), which will hold meters and related equipment to measure the water service provided to the A&M SYSTEM. Without this Easement and Vaults, the A&M SYSTEM would not have access to potable water. A plat of the Property showing the surface area affected by the Easement and the location of the Vaults and ROUND ROCK's right-of-way is depicted in the Exhibits attached and made a part of this agreement. 3. Ri;aht of Access. ROUND ROCK has the right of ingress and egress across the Property for the purpose of constructing, maintaining, repairing, replacing and rebuilding the Vaults. ROUND ROCK agrees to occupy the surface of the Property only to the extent and for the length of time necessary for constructing, operating, maintaining, repairing, replacing and rebuilding the Vaults. 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. 4. Duties. If ROUND ROCK damages or destroys any fence, road, bridge, culvert, or other similar improvements, 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 Vaults, and to cooperate with 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 j Page 1 of7 r��byarQofG==Wc�ROUM no* w.eu �„ �ao9OMS".MEEE OVU 191RV &1-Zoif-dZqc 2019077625 Page 2 of 17 Property, ROUND ROCK agrees to notify A&M SYSTEM five business days prior to commencement of such activities. 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 $100 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 12 of this agreement. 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 120 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 pay for such damage within 60 calendar days after completion of such removal. A&M SYSTEM acknowledges that non -renewal of this Easement could result in the discontinuance of potable water service to the A&M SYSTEM. 7. Reservatioil of Non -Conflicting Use of Pronerty. A&M SYSTEM expressly reserves for its use and for the use of any component of The Texas A&M University System access to the Property, such use to be in common with ROUND ROCK, provided such use is not inconsistent with the rights of ROUND ROCK granted by this Agreement. It is further agreed that ROUND ROCK must comply with the Antiquities Code of Texas, TEX. NAT. RES. CODE ANN. § 19I et sea.• and ROUND ROCK further agrees title to archaeological objects or artifacts, if any, in or on the Property remains with A&M SYSTEM. 8. 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 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. 4,SYS(eaileal Evoic 0111,,• OFFICIAL DpCUA4EIYT Page 2 of 7 hq=W by Olrim ofGawa Coond Road Ruck Waa Eaaeco.18M36313 icPA R0 20094MI319 01:3 19 M 2019077625 page 3 of 17 9. Care and Condition. 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. 10. 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, ATTORNEY'S 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 HAZARDOUS MATERIAL PRESENT IN THE SOIL OR GROUND WATER ON OR UNDER THE PROPERTY. 11. 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 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 Williamson County, Texas, but if it fails to do so within 10 days following written demand from A&M SYSTEM, then A&M SYSTEM Page 3 of 7 1%,so byof nafri ICC W + RovW Rack WmQ Enmm :0090565 IS 5yslcm Real Lslalc Onic1 LW1Fka= 4L, 1149 Ola'! 19= OFFICIAL DOCUMENT 2019077625 Page 4 of 17 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. A&M SYSTEM acknowledges that termination of this Easement could result in discontinuance of potable water service from ROUND ROCK to the A&M SYSTEM. 12. Notices. Notices required or permitted under this agreement must be given by certified mail, registered mail, or personal delivery, addressed to a party as follows: A&M SYSTEM: The Texas A&M University System Office of General Counsel Attn: System Real Estate Office 301 Tarrow, 61h Floor College Station, Texas 77840-7896 Phone: (979) 458-6350 Fax: (979) 458-6359 Email: sreo@tamus.edu ROUND ROCK: City of Round Rock Attn: Utilities and Environmental Services Director 2008 Enterprise Drive Round Rock, Texas 78664 Phone: (5I2) 218-5555 With a copy to: Sheets & Crossfield, P.C. Attn: Stephan 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. 13. Waiver. No waiver by A&M SYSTEM or ROUND ROCK of any default or breach of any term, condition, or covenant of this agreement will be a waiver of any other breach of any other tern, condition, or covenant. I4. Privilego and 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. Likewise, A&M SYSTEM acknowledges that ROUND ROCK is a Texas Home Rule City, and nothing in this Agreement will be construed as a waiver or relinquishment by ROUND ROCK of its right to claim exemptions, privileges, and immunities as may be provided by law. Page 4 of 7 System Real Estate 0111 OFFICIAL DOCi AILNT h.;- 9yoirswerrm wcoww Rowed R -h 9Pra Emo m .,WNH515 Lea Fila n09-001Si9 01 ?! 19 ow 2019077625 Page 5 of 17 15, 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, Teras 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. 16. -Grammatical Inte retation. When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. 17. Headings. Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this agreement. 18. Saying 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. 19. Assignment ROUND ROCK may not sell, assign, or convey this easement without the written consent of A&M SYSTEM which will not be unreasonably withheld and any attempt by ROUND ROCK to sell, assign, or convey this easement without such consent will cause this easement to terminate. 20. Successors 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. 21. Entire A eement/Amcndment. 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. 22. Effective Date. This Agreement is deemed to be in force as of the 28�" 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 2009056515 on August 3, 2009, of the Real Property Records of Williamson County, Texas. SIGNATURES TO FOLLOW ON NEXT PAGE Page 5 of 7 r wuf by OpsR amocracd..t) R -W pock waw eumc a :l1 M631S F10.7OFFIMALDOCUMENT� t Eslate 0I 3« Leta Me$2o 9=11319 01 3 Is1nY 2019077625 Page 6 of 17 BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, an agency of the State of Texas By: GINA JO00unsel, PH Managing Property and Construction The Texas A&M University System APPROVED AS TO FORM: JET ER J. RIGHT ssfstant General Counsel Office of General Counsel The Texas A&M University System ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § 1 This instrument was acknowledged before me this day of2019 by GINA JOSEPH, Managing Counsel, Property and Construction of Th exas A&M University System, on behalf of the Board of Regents of The Texas A&M University System, an agency of the State of Texas. airr'�4,,! DAYLA K. HALL sNotery Public, State of Texas s Comm. Explree 0"5-2023 441 +++' Notary iD 12 6626139 System Regi L%t.nc Uiiacr OFFICIAL DOCUNTIENT Notary Rutlic Page b of 7 Pnvwd by Orke of Gaml round RawW Rod Woe Warm lomsbsts LcW Fdaa'.WN0313i4 0I.A3 1913W 2018077625 Page 7 of 17 TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: APPROVED AS TO FORM AND CONTENT: STEPHA L. SHEETS City Attorney ATTEST: SARA L. WHITE City Clerk CITY OF ROUND ROCK, TEXAS B, LAURIE HADLEY City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OFAjbkpX§ This instrument was acknowledged before me this jV of A, 2019 by LAURIE HADLEY, City Manager, City of Round Rock. r . otary nblic a�irirfttt�u�+� Page 7 of 7 Pnp"byair eorGamwcowod Rood Rode W"a E. opm :p M65 13 System Real Estate OMCC �� xoo9 oo:�sa4 OFFICIAL DOCUMENT aina 19rrw 0.008 ACRE (340 SQUARE FOOT) PROPOSED CITY OF ROUND ROCK WATER EASEMENT EXHIBIT A DESCRIPTION 2019077625 Page 8 of 17 FN NO 1167 AUGUST 19, 2009 JOB NO. 21610-01.30 OF A 0.008 ACRE (340 SQUARE FOOT) TRACT OF LAND OUT OF THE THOMAS TOBY SURVEY ABSTRACT N0. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 0.088 ACRE (340 SQUARE FOOT) TRACT OF LAND BEING OUT OF A 15-00 ACRE TRAGI CONVEYED TO TSE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM IN DOCUMENT 2088042140 (EXHIBIT -A-) OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.008 ACRE (340 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: COMMENCING at 1/2 inch rod with plastic surveyors cap found at the initate of Texas in Volume 431, Page 347 of the ersoction of the existing west line of FM 1460, an 80 foot Right -of -Way conveyed to the S Deed Records of Williamson County, Texas, and the south line of County Road 112, a 120 foot wide Right -0f --Way convcyed to Williamson County in Document No. 2005010992 and in Document No. 2008076752 and to the City of Round Rock in Document No. 2008026976 of the Official Public Record$ of Williamson County, Texas, same being the northeast corner of a 4.039 acre tract (Exhibit "B" Parcel 114) conveyed to the said City of Round Rock, Texas for additional righ(-of-way for said FM 1460 in Document No. 2009038221 of the Official Public Records of Williamson County, Texas: THENCE leaving the existing west line of said FM 1460, along the south line of said County Road 112, same being the north line of said 4.059 acre addidonal right-of=way tract the following two (2) courses and distances: 1) N44038'41"W, a distance of 63.61 feet to a 1/2 inch rod with plastic surveyors cap found for an angle point, and 2) S85°03'43"W, a distance of 228.96 feet to a calculated point, same being the northeast corner of said 15.00 acre tract, from which a 112 inch rod with aluminum surveyors cap found bears SO40401091W, a distance of 0.33 feet; THENCE continuing along the South line of said County Road 112. same being thenorth line of said 15.00 acre tract, S85°03'43"W, a distance of 188.90 feet to the POINT OF EEGINNING, some being the northeast corner hereoF, THENCE leaving the South line of said County Road 112. through the said 15.00 acre tract, the following three (3) courses and distances: System Real Estate Office OFFICIAL DOCUMLNr 1 af3 2019077625 Page 9 of 17 EXHIBIT A FN 1167 PAGE 2 1) 904°56'17"E, a distance of 20.00 feet to the southeast corner hereof. 2) S851 -03.43"W, a distance of 17.00 feet to the southwest corner hereof, same being the southeast comer of a 0.008 acre (360 square foot) Water Line easement conveyed to the City of Round Roclt, Texas in Document No. 2009056515 (Exhibit A) of the Official Public Records of Williamson County. Texas;; and 3) along the east line of the said 0.008 acre tract (Document No. 2009056515), N04056'17"W, a distance of 20.00 fat to the northwest corner hereof, same being the northeast coma of said 0.006 acre tract (Document No. 2009056515), also being in the north line of said 15.00 acre tract, also being in the ;south line of said County Road 112; THENCE along the north lute of said 15.00 acre tract, same being the south line said County Road 112, NB3°03'43"E, a distance of 17.00 fat to the POINT OF BEGINNING, containing 0.008 acres of land (340 square feet), more or lew within these metes and bounds This fieldnote description has been prepared in conjunction with a digital survey map identified es Stanley Consuhaata. Irrc.. drawing file "FNI 167SKETCH.dwe. STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS § THAT I. LAWRENCE M. RUSSO, A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION 1S 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, TRAVIS COUNTY, TEXAS T th DAY OF AUGUS Q 9 A.D. WRENCE M. RUSSO. R.P.L.. i•OF• ,F STATE OF TEXAS NOSO50 STANLEY CONSULTANTS, INC. ••RENC M. Bur -To � 6836 AUSTIN CENTER BLVD.. SUITE 350 MN.......".......»......... AUSTIN, TEXAS 78731 Casa .z -:•� f (FN 1101-1 150TN-1 1671 System Real Mate Oilice OFTIC14L DOCUMENNT 2 of 3 0 50 100 200 10-1001 2D19077625 Page 10 of 17 EXHIBIT A LINE ARZ UNE ILE?IGIN Ll I 20,01Y STATE OF TEXAS L2 I (2387 ACRES) L3 VOL 431. PACE 347 L4 DJLW.C. FM 1450 4 QTY OF ROUND ROLL, TEY.AS &t32 ACRES yg1'4o1g0i EXIN9IT 'A , PARCEL 113 a DETAIL DOG No. 2009039221 B.P.RffiC. CITY OF ROUND ROCK I3' ACCESS EASEMENT .� DOC. Na. 2004007692 r r ! 7.416 ACRE C Y WAIVVJ E EASEMENT R DOG Na 2004007632 QPamr- M a 0377.590 ACRES T 5 AVERYCENTRE DEVC06 INC. LEGEND DOC.2009072220 D.P.R.w G TY cr ROWO ROM ((XXX)) T=T INFORMATION 3W %= WA 1 W?M p EA. QP.RW.G OMCIAL PUSUC P.ECORDS DOG Na �US2R O.P.I t✓1WAMSON COUNTY O.R.W.G DEEB RECORDS 1NU.IAMSON COUNTY P.O,C POINT OF COMMENCEMENT - _ - P.QB. POINT OF 9EQW MIG 1 OF 1 System Real Estate Oflice OITTCTAL DOCUMENT i A 3 / rp 1� At ' ~ TEXAS AdM UNIV. ZDDG � j 2146 WATER UNE EASCMW j i Rt Qtrl O DOG Ift E1011■ 000MIS w a Z QPAKC. w � i Q o Ot OO& Ac� q O r 'al�a woWA FM r� Z _ W— W MAUL CAs04M 1.317 AM Z0 DOG Na 20080SM4 � �O Cil ORAINADE EASDIENT DOG Ha 2005810093 i QP.R.Kc DESCRIPTION OF A 0.006 ACRE 1/Y'IRON ROD FOUND • O 1/20 IRON ROD Will CAP FOUND ■ HWY MONUMENT FOUND a cALaLAm POINT 0 1/2' IRON ROD MMTH CAP SET 303 (STANLET CONStr-TANM MM) (UNLESS OTHERNISE NOTED) 0701) RECORD INFORMATION DOG. HQ 200 IO"2. DOC. NO. 2008076732; 6; DOC. NO. 20DR0$6978 TY cr ROWO ROM ((XXX)) T=T INFORMATION 3W %= WA 1 W?M p EA. QP.RW.G OMCIAL PUSUC P.ECORDS DOG Na �US2R O.P.I t✓1WAMSON COUNTY O.R.W.G DEEB RECORDS 1NU.IAMSON COUNTY P.O,C POINT OF COMMENCEMENT - _ - P.QB. POINT OF 9EQW MIG 1 OF 1 System Real Estate Oflice OITTCTAL DOCUMENT i A 3 / rp 1� At ' ~ TEXAS AdM UNIV. ZDDG � j 2146 WATER UNE EASCMW j i Rt Qtrl O DOG Ift E1011■ 000MIS w a Z QPAKC. w � i Q o Ot OO& Ac� q O r 'al�a woWA FM r� Z _ W— W MAUL CAs04M 1.317 AM Z0 DOG Na 20080SM4 � �O Cil ORAINADE EASDIENT DOG Ha 2005810093 i QP.R.Kc DESCRIPTION OF A 0.006 ACRE ROCK CITY`OF ROUND WATER EASEMENT S IIE� CAi1Suf tmb W— W WAMSON COUNTY TEXAS""';;"; �,r�iwa imrmn RECORDERS MEMORANDUM 303 All o- parts of tµe text on this page was not dearly !eget ie for satisfactory recordabo-i 0.008 ACRE (360 SQUARE rOOT) PROPOSED CITY OF ROUND ROCK WATER EASEMENT EXHIBIT B DESCRIPTION 2019077625 FN NO 1126R MAY 12.2009 JOB NO. 21610.01.30 OF A 0.008 ACRE (360 SQUIRE FOOT) 'TRACT OF LAND OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND BEING OUT OF AN 11.314 ACRE TRACT CONVEYED TO THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM IN DOCUMENT NO. 2008042140 (EXHIBIT "B") AND 1N DOCUMENT NO. 2008042141 (EXHIBIT "A") OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: COMMENCING at the southeast corner of said 11.314 acre tract. same being in the west line of a proposed additional Right -or -Way tract for FM I460, from which a 112 inch rod with aluminum surveyors cap found for a point of tangency in said west line of the said proposed additional Right -of -Way tract for FM 1460 (Station 883+85.19) bears NI3°41'02"E, a distance of 79.01 feat; THENCE leaving the said west line of the proposed additional Right -of -Way of FM 1460, along the south line of said 11.314 acre tract, the following two (2) courses and distances: 1) an arc distance of 47.12 feet along a curve to the right, having a radius of 30.00 feet, a delta anblc of 89059'36", a chord distance of 42.42 feet (chord bears S581,39'56"W), to a point of tangency, and 2) N76°20'02"W, a distance of 92.50 feet to the POINT OF BEGINNING, same being the southeast comer hereof: THENCE continuing along the south line of said 11.314 acre tract. N76120'02"W. a distance of I S 00 Net to the southeast comer hereof THENCE leaving the south line of said 11.314 acre tract. through the said 11 314 acre tract. the 1'olfowtng three (3) courses and distances: 1) N 13"39'SS"11 a distance of 20.00 feel to the northwest comer hereof: 2) S76°20'02"C, a distance of 18-00 feet to the northeast comer liercof. and System Real Estate Office OFFICIAL DOCU,%lFNT 1 of 3 Page 11 of 17 EXHIBIT B FN 1I26R PAGE 2 2099077625 Page 12 of 17 3) S13°39"59 -W, a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.008 acres of land (360 square feet), more or less, within these motes and bounds. This Gcldnote de.3cription has been prepared in conjunction with a digital wn-ey map identified as Stanley Consultants. Inc„ drawing life "MI 126RcvSKErCH.dwe". STATE OF TEXAS COUNTY OF TRfIVIS § KNOW ALL BY THESE PRESENTS § THAT 1. 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, TRAVIS COUNTY, TEXAS TH S 12th DAY OF MAY, 2009 A.D. OF L,AWRENCEM. RUSSO, .P. .S. ,�P� .is req . 'STATE OF TEXAS N0.5050 STANLEY CONSULTANTS, INC. tJ4WRENCELIRUSSO 6836 AUSTIN CENTER BLVD., SUITE 350 r' ~� 5050 ' AUSTIN, TEXAS 78731 pt OF90r,L •;C1Yr� IFN 1101.11 f M-112hRl Eem steal Estate OMce ICIAL DOCUMENT 2 of 3 0 25 50 75 100 1"-50' C ft V C It 5 U r �A5 � CB �0. t� ABSt�� 11.314 AC. EXHIBIT B TEXAS A&M UNIV. DOC. No. 2008042140 EXHIBIT A DOC. No. 2008042141 O.P.R.W.C. 0.008 ACRE' (360 50. Fr.) C/TY OF 1POUN0 ROL WA TER EA,SEMEN T H7619141 � LJ EXHIBIT B 2019077625 Page 13 of 17 STATE OF TEXAS (2.387 ACRES) VOL 431. PAGE 347 D.R.W.C. 377,590 ACRES AVERY CENTRE DEVCO. INC. LEGEND DOC. 2008072220 o.P.R.W.C. SHEET 1 OF 1 scan. 1--sw Date 05/12/02 ioeotlon: L\21510.01 AVM. — Drawn b% LM.R. Fir FN-1t26Rw51�teRd"5 ftwavm4 b1c P.A.S. Propet No.: 2151401.30 System Real rs[alc oinccI OFFICIAL DocumI'VT ,.r vi w DESCRIPTION OF A 0.008 ACRE (360 SO. FT.) CITY OF ROUND ROCK WATER EASEMENT 3of3 99m WIN-% StanEey Consultants INC. tperrrK>w�ir•,t..� • 1/2' IRON ROD FOUND O 1/2' IRON ROD WITH CAP FOUND IN HWY MONUMENT FOUND CALCULATED POINT • 1/2' IRON ROD WITH CAP SET (STANLEY CONSULTANTS, INC.) (UNLESS OTHERWISE NOTED) (XXX) RECORD INFORMATION DOC. NO. 2005042140 k DOC. NO. 2008042141 ({XXX)) TXDOT INFORMATION O.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY O.R.W.C. DEED RECORDS WILLIAAISON COUNTY P.O.C. POINT OF COMMENCEMENT SHEET 1 OF 1 scan. 1--sw Date 05/12/02 ioeotlon: L\21510.01 AVM. — Drawn b% LM.R. Fir FN-1t26Rw51�teRd"5 ftwavm4 b1c P.A.S. Propet No.: 2151401.30 System Real rs[alc oinccI OFFICIAL DocumI'VT ,.r vi w DESCRIPTION OF A 0.008 ACRE (360 SO. FT.) CITY OF ROUND ROCK WATER EASEMENT 3of3 99m WIN-% StanEey Consultants INC. tperrrK>w�ir•,t..� 0.008 ACRE (360 SQUARE FOOT) PROPOSED CITY OF ROUND ROCK WATER EASEMENT EXHIBIT C DESCRIPTION 2019077625 FN NO 1127R MAY 12, 2008 ]OB NO. 21610.01.30 OF A 0.008 ACRE (360 SQUARE FO01) TRACT OF LAND OUT OF TILE THOMAS TOBY SURVEY ABSTRACT NO. 625, SITUATED IN WILLIAitrISON COUNTY, TEXAS; SAID 0.008 ACRE (360 SQUARE FOOT) TRACT OF LAND BEING OUT OF A 15.00 ACRE TRACT CONVEYED TO THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM IN DOCUMENT 2008042140 (EXHIBIT "A") OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.006 ACRE (360 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: COMMENCING at 112 inch rod with plastic surveyors cap found at the intersection of the existing west line of FM 1460, an 80 fool Right -of -Way conveyed to the State of Texas in Volume 431. Page 347 of the Deed Records of Williamson County. Texas, and the south line of County Road I12. a 120 foot wide Right -of -Way conveyed to Williamson County in Document No. 2005010992 and in Document No. 2008076752 and to the City of Round Rock in Document No. 2008026976 of the Official Public Records of Williamson County, Texas; THENCE leaving the existing west line of said FM 1460, along the south line of said County Road 112, the following two (2) courses and distances: 1) N44°38'41 "W, a distance of 63.61 feet to a 1-2 inch rod with plastic surveyors cap found for an angle point, and 2) S85003'43"W, a distance of 228.96 feet to a calculated point, same being the northeast comer of said 15.00 acre tract, from which a 1.12 inch rod with aluminum surveyors cap found bears S04040'09"W. a distance of 0.33 feet; THENCE continuing along the south line of said County Road 112, same being the north line of said 15.00 acre reset, S85°03'43"N', a distance of 205.90 feet to the POINT OF BEGINNING, same being the northeast corner hereof. THENCE leaving the south line of said County Road 113, through the said 15.00 acre tract, the following three (3) courses and distances: 1) SO4-56'17"E. a distance of 20.00 fcct to the southeast corner hereat t =QSys(.eml Iist.ttr (i1]i,DOCUNILh7 1 Of 3 Page 14 of 17 2019077625 Page 15 of 17 EXHIBIT C FN 1127R PAGE 2 ?) S85903'43"W, a distance of 18.00 feet to the southwest comer hereof, and 3) N04°56' 17"W, a distance of 20.00 feet to the northwest comer hereof, sante being in the north line of said 15.00 acre tract, also being in the south Iine of said County Road 112; THENCE along the north line of said 15.00 acre tract, same being, the south line said County Road 112. N8S°03'43"E, a distance of 18.00 fixe to the POINT OF BEGINNING, containing 0.008 acres of land (360 square feet), more or Irss, within these metes and bounds Thia Beldnote description has been prgmwed in conjunction with a digital survey mop identilied as Stanley Consultants. Inc.. drawling t1e "FN1127RcvSKETCit.dwg-. STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS§ 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 KNOW1 EDGE 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, TRAVIS COUNTY, TEXAS THIS 121h DAY OF MAY, 2004 A.D. `L WRENCE M. RUSSO. P.L.. F-. fid. 'STATE OF TEXAS NO.5050 J �P�yo; ; A �0 p STANLEY CONSULTANTS, INC. 1AINF1EwCF i?1�S30 ` +6836 AUSTIN CENTER BLVD., SUITE 350 z •"'•••"'•�•••: •• .�';9 5050 AUSTIN TEXAS 78731 WN 1I0I-100 FN. I1_isn System Real Estate OlTrce 2 Of 3 OFFICIAL DOCUMENT EXHIBIT C V STATE OF TEXAS (2.387 ACRES) VOL. 431, PAGE 347 0 50 100 200 D.R.W.C. 1"-100' 1 r -nuTy El f C'1R Civ VAvE u t 20 7935 NT DOC, No. 377.59D ACRES ; o AVERY CENTRE DEVCO. INC. + N6La � DOC 2008072220 • r3N.T 5 O.P.R.W.C. RDW CITY OF ROUND ROCK - 15' ACCESS EASEMENT DOC. No. 2004007852 I — f r r WATEIUINE EAASSEM04T V � Y DOC. O.P.R.W.C. 004007652 S AS T Gg1�O. $ P a R A 377.590 ACRES AVERY CENTRE DEVCO,INC. LEGEND DOC, 2008072220 O.P.R.W.C. • 1/2' IRON ROD FOUND O 1/2' IRON ROD VNTH CAP FOUND ■ HWY MONUMENT FOUND • CALCULATED POINT • 1/2' IRON ROD V"TH CAP SET (STANLEY CONSULTANTS, INC.) (UNLESS 07HERVASE NOTED) (XXX) RECORD INFORMATION DOC. NO. 2005010992. DOC. NO. 2009076752. do DOG. NO. 2000026976 CITY OF ROUND ROCK ((XXX)) TXDOT INFORMATION 30' MOE WASTEWAT R LINE EAI O.P.R.W.C. WC+W50M LIC RECORDS DOC. Na 200403b`i�P 1 TY D.R.W.C. DEED RECORDS WILUAMSON COUNTY P.O.C. POINT OF COIJMENCEMENT P.O.B. POINT OF BEGINNING SHEET Loeallsr. Go.� 6y I7�c i'Nt OF 1 Systent Real Cstale Office OFMCIAL notatin % r SKETCH TO ACCOMPANY DESCRIPTION OF A 0.008 ACRE (360 SO. FT.) CITY OF ROUND ROCK WATER EASEMENT 3of3 2019077626 Page 16 of 17 LINE TABLE FM LINE LENGTH BEARING LiSO4'56'17' m a DOC. 2008072220 N O.P.R.W.C. CE L2 1 '43'W L3 2(XDW N 6'17-W L4 10.00,N85 -03-43:E 7460 P.O.C. N44.38'41"W 63.61' 1377.590 ACRES '& ,,AVERY CENTRE DEVCO, i 3 m a DOC. 2008072220 N O.P.R.W.C. CE oa "- P PRoPOSED O ROW 11� f %AI! CE O +� 0 p n 15.000 AC, EXHIBIT A w TEXAS A&M UNIV. y T4 3 p 0 i DOC. No. 2006042140 p O.P.R.W.C. 40 Q A Q 4 � 0 O Oo 0.008 ACRe C.isQ So. FT.) nt CITY of ROUND ROC WA TER CASENAFNP � Z OD V DRAINAGE EASEMENT TRACt DE -3 DOC. 2005010993 _,O. O.P.R.W.C. Stanley Consultants INC. 2019077625 Page 17 of 17 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019077625 Pages: 17 Fee. $85.00 08/21/2019 08:07 AM y . T fi. Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock ROUNN0 ROCK Agenda Item Summary Agenda Number: Title: Consider executing an easement agreement with the Texas A&M University System for water meters in the vicinity of the Texas A&M Health Science Center at 3950 N. AW Grimes Blvd. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/16/2019 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $0.00 Indexes: Utility Fund Attachments: Easement.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2019-0240 Easement agreements between the City and the Texas A&M University System were executed in August 2009 for public water facilities within Texas A&M property in the vicinity of the Texas A&M Health Science Center at 3950 N. AW Grimes Boulevard; said easement agreements were recorded in Document Nos. 2009056515 and 2009063935 of the Oficial Public Records of Williamson County, Texas. State of Texas law does not allow dedication of permanent easements on Texas A&M University System property, and the previously executed easement agreements are expiring. This new agreement will grant the City a 10 -year easement for the portions of the previously executed easement agreements that pertained to potable and reuse water meters and vaults which are in place and serving Texas A&M facilities. Cityof Round Rock Page f Pdnfed an 8/16/2019