CM-2019-0279 - 9/13/2019ELECTRONICALLY RECORDED 2019OB6696
Williamson County, Texas Total Pages: 10
DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
That JACOB STEVENS and spouse ANNALIE STEVENS (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 drainage casement and right-of-way
in, upon, over, under, above and across the following described properly:
Being a 0.026 acre tract of land situated in the Robert McNutt Survey, Abstract No. 422,
Williamson County, Texas, being a part of Lot 11, Block Two, Greenfields, a subdivision
recorded in Cabinet D, Slides 166-167, plat records in Williamson County, Texas
(P.R.W.C.T.); said 0.026 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 Easement
Areas from the adjacent existing casement and abutting non -Grantor 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
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: 21 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
0042771Vss2
eAl-2- o1q--02-71
2019096696 Page 2 of 10
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.
Grantee shall endeavor to maintain storm ditches and drains to ensure proper drainage from
the existing ditch south of Grantor's property westerly to Red bud Lane.
In addition to the Easement, rights, and privileges herein granted, Grantee shall have the
temporary right to use the surface of Grantor's property at two (2) locations as shown on the sketch
which accompanies the description in Exhibit "A" attached hereto (the "Temporary Construction
Easements"), to Elie 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/or obstruct reasonable use of the Temporary Construction
Easement and/or the Easement Area by vehicles, equipment and personnel during construction.
Grantee may trim and remove any limbs or portions of said 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 Iaw, Grantee shall indemnify Grantor against any loss and damage
which shall be caused to Grantor's remaining property 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 remaining property which is the result of actions outside the granted
purposes of this easement, including any damage caused to Grantor's existing well and well system.
Additionally, the Easement Area and Temporary Construction Easements will be staked so as to
provide clear designations of the boundaries of said Easements.
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
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.
7
2019086656 Page 3 of 10
The perpetual easement, right-of-way, rights and privileges granted herein arc 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 3 day of &d f 2019
GRANTOR:
(signatures on the follo►t,ing page)
3.
2019096696 Page 4 of 10
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the-!Zty of i"al , 2019 by
Jacob Stevens, in the capacity and for the purposes and consideration recited herein.
Ecw,-,
LISA DWOAAMIC
Notary 1D #1251160394
My Commissfon E�cpires
October 1, ID22
P I
GRANTEE
CITY Or ROUND ROCK, TEXAS:
i
Notary Public, tate fTexas
Printed Name:/ rAcu k
My Commission Expires: I
to-y,aQ
4,
ff
A 1 ■�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF IQ)U.)
201SOB6696 Page 5 of 10
This instrument was acknowledged before me on this thc)day of�, 2019 by
Annalie Stevens, in the capacity and for the purposes and consideration recited'herein.
r•' USA DWOAAQYK
^ N°tnrylOr1t25g60344
My C°MMISflon E�plre:
October 4, 2022
J44
Notary Public, State Yexas
Printed Name: IJWI
My Commission Expires:
Cq
By:
L.uudley i3rvvY,�' �r+�c�
1• City Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
2019086696 Page 6 of 10
This instrument was acknowledged before me on this theLAay of , 2019 by
[.•attricN F., 1Ceeity Manager of Round Rock, 'Texas, in the capacity and for the purposes and
consideration rcv3ted herein.
C;:5 136r, red J A5&
�
OF 1'E
Ifgtllgy��L,r
After recording, please return to:
Sheets & Crossfield, P.L.L.C.
309 East Main Street
Round Rock, Texas 78664
S.
Notary Publi aBA
Texas
Printed Name: —, , W
My Commission Expires ZZ,2Z
2019086696 Page 7 of 10
P&Y-j Partners for a Better Quality of Life
EXHIBIT "A"
Variable Width Drainage Easement
METES AND BOUNDS DESCRIPTION OF A
0,026 ACRE TRACT OF LAND OUT OF THE
JACOB STEVENS TRACT
LOCATED IN WILLIAMSON COUNTY. TEXAS
BEING A 0,026 ACRE TRACT OF LAND SITUATED IN THE ROBERT McNUTT SURVEY,
ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS; BEING A PART OF LOT 11, BLOCK
TWO, GREENFIELDS, A SUBDIVISION RECORDED IN CABINET D, SLIDES 166-467, PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C_T.); SAID 0.026 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 112 -Inch rod found marking the common northernmost comer of said Lot 11 and the
southwest corner of Lot 12, Block Two of said subdivision, said point also being on the east right-of-way
(R.O.W.) line of Evergreen Drive (50' R.O.W.);
THENCE with the common north fine of said Lot 11 and the south line of said Lot 12, South 650 03' 41'
East, a distance of 162 17 feet for the POINT OF BEGINNING and the northernmost northwest comer of
the herein described tract, and having Texas Central Stale Plane Coordinate System grid values of
N=10,165,603.00, E=3,154,70769;
THENCE continuing with the common north line of said Lot 11 and the south line of said Lot 12, (Li)
South 650 03' 41" East, a distance of 28.15 feet to a calculated point for the common northeast comer of
said Lot 11, the southeast comer of said Lot 12, and being on the west line of Lot 26. Block A, Oak Bluff
Estates Phase 2, a subdivision recorded in Cabinet F, Slides 253-259, P.R.W.C.T, for the northeast
comer of the herein described tract;
THENCE with the east line of said Lot 11, and }partway with the west line of said Lot 26 and partway with
the west line of Lot 27 of said Block A, (1-2) South 02° 37' 11" East, a distance of 113.00 feet to a
calculated point for the southeast comer of the herein described tract;
THENCE traveling through the interior of said Lot 11, the following four (4) calls;
1. (1.3) South 874 22' 49" West, a distance of 5.00 feet to a calculated point for the
southwest comer of the herein described tract;
2. (1.4) North 02° 37' 11" West, a distance of 76.46 feet to a calculated point for a comer of
the herein described tract;
3. (L5) North 32° 37' 11" West, a distance of 39.90 feet to a calculated point for a corner of
the herein described tract;
4. (1-6) North 02° 37' 11" West, a distance of 15.00 feet to the POINT OF BEGINNING and
containing 0.026 acre of land more or less, based on the survey and exhibit drawing
made by CP&Y, Inc.
1 ch MbnTIA suis 130
RW WP4CkTau716!6
Pagel of 3 UPURIOii12S
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2019086696 Page 8 of 10
Exhibit "A" continued
Description of a 0.026 acre tract
Temporary Construction Easement
In addition, It is Intended to create two (2) variable width Temporary Construction Easements. The north
Temporary Construction Easement is adjacent to a portlon of the west line of the above-described
Drainage Easement and the south Temporary Construction Easement Is adjacent to a portion of the
south line of said Lot 11. These Temporary Construction Easements contain a computed area of 0.036
acre of land to the north and 0.040 acre of land to the south (combined area of 0.075 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.
Daniel M. Flaherty, R.P.L.S No. 5004 j
CP&Y, Inc.
One Chisholm Trail, Suite 130
Round Bock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
See attached Plat No. A-5195
1800899 -A5195 -REV 1- FN04.doc
Page 2of3
07-03-2019
Date
1
2019086696 Page 9 of 10
EXHWIT "A"
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
VARIABLE WIDTH (0.028 ACRE) DRAINAGE EASEMENT AND
TWO (2) VARIABLE WIDTH (0.036 ACRE AND 0.040 ACRE) TEMPORARY CONSTRUCTION EASEMENTS
LOCATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, )YILLIAMSON COUNTY, TEXAS,
AND BEING PART OF LOT i1, BLOCK TWO, GREENFIIsLDS SUBDIVISION,
RECORDED CABINET D, SLIDES 166-187, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
ROUND ROCK
SCALE: I" — 100'
GENERAL NOTES:
FIELD NOTE
COMMENCIN2
PRINT
BVERCREEN DRIVE
- .- -- (60' IF7DE R. O. W.)
sURv SY
SDDER5'r Cr 0 A2�
AO
LOT ID
BLOCK TWO
OREENFIELDS
CAB. D, SLIDES 165-167
P.R.W.0 T.
I=: OCTOBER 16, 197$
LOT 11
BLOCK A
OAK
CAB. F,
FILED: S
LOT 12
BLOCK TWO
astu`f.£
WIDTH TEMPORARY
LAT 11
l BIACK TWD
1 21 EVERGREEN DR.
ESTATES
125-127
.T.
ER 9. 1984
LOT 12
BLACK A
FIELD NOTE
POINT OF
BEGINNING
GRID N. 10.165,603.00
GRID U3.154.707.60
Lor 28
BLOCK A
UNE TA13LE
OAK BUIFF ESTATES PNASE 2
UNE
BEARING
DIST.
L -I
S 65'03'41' E
26.15'
L-2
5 0237'11' E
11100'
L-3
S d7'22'49' W
5,00'
L-4
N 0237'11' W
76.46'
L-5
N 32'37'11- W
30.90-
L--6
N 02'37'11' W
15.00'
GENERAL NOTES:
FIELD NOTE
COMMENCIN2
PRINT
BVERCREEN DRIVE
- .- -- (60' IF7DE R. O. W.)
sURv SY
SDDER5'r Cr 0 A2�
AO
LOT ID
BLOCK TWO
OREENFIELDS
CAB. D, SLIDES 165-167
P.R.W.0 T.
I=: OCTOBER 16, 197$
LOT 11
BLOCK A
OAK
CAB. F,
FILED: S
LOT 12
BLOCK TWO
astu`f.£
WIDTH TEMPORARY
LAT 11
l BIACK TWD
1 21 EVERGREEN DR.
ESTATES
125-127
.T.
ER 9. 1984
LOT 12
BLACK A
FIELD NOTE
POINT OF
BEGINNING
GRID N. 10.165,603.00
GRID U3.154.707.60
Lor 28
BLOCK A
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. LECf ND
2) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS. EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE 1/2' IRON ROD FOUND
3) THIS DRAINING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (LINLESS OTHERWISE VOTED)
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, R.O.W. - RIGHT-
D.R.w.C.T. - DEED RECORDS
OF-WAY WAJJAI+ISON COUNTY, TEXAS
NAD '93 (HARN '93). VHCH IS BASED UPON THE ALLTERRA TRIMBLE RTK NETWORK. F.R.W.C.T.. PLAT RECORDS VAUJAMSON COUNTY. TEXAS
1 Chisholm Troll, Sulte 130, Round Rock, Texas 78681 � pF
P&yj 512.248.0065 �,.••; s r
TEXAS REGISTERED ENGINEERING FIRM F-1741 �6 y
Y I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS EXHIBIT AND THE SURVEY UPON WHICH IT
`j
OAK BUIFF ESTATES PNASE 2
�'�
9ij;°Fess1�`��p
-+
C AIL F. SLIDES 253-159
Sz&v
PAINX.T.
11Ft��'
SURVEYED: APRIL 29, 2019
FILED; DECEMBER 3. 1264
L-3
0 1OD' 200'
LflT 27
SCALE
W
BLOCK A
0 2019 ALL RIGHTS RESERVED
DIGITAL FILE 1800899R—SURVEY—A5195—FtEV 1 F/N I 1800899—FN04
2.3'
N
7Q.
.
LJ7! 28
,
BLACK A
60.0'
w
21(f
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. LECf ND
2) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS. EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE 1/2' IRON ROD FOUND
3) THIS DRAINING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (LINLESS OTHERWISE VOTED)
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, R.O.W. - RIGHT-
D.R.w.C.T. - DEED RECORDS
OF-WAY WAJJAI+ISON COUNTY, TEXAS
NAD '93 (HARN '93). VHCH IS BASED UPON THE ALLTERRA TRIMBLE RTK NETWORK. F.R.W.C.T.. PLAT RECORDS VAUJAMSON COUNTY. TEXAS
1 Chisholm Troll, Sulte 130, Round Rock, Texas 78681 � pF
P&yj 512.248.0065 �,.••; s r
TEXAS REGISTERED ENGINEERING FIRM F-1741 �6 y
Y I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS EXHIBIT AND THE SURVEY UPON WHICH IT
""'�"."""".""-';;;�
50D4R 4:
IS BASED MEETS THE R QUIREM TS FOR
LAND SURVEYS IN THE STATE OF TEX
�'�
9ij;°Fess1�`��p
Sz&v
'-A
11Ft��'
SURVEYED: APRIL 29, 2019
DANIEL M. FLAHERTY, R.P.L.S. NO. 5
3 OF 3
0 1OD' 200'
PLAT NO. A-5195 DRAFT DATE 07-03-2019 DRAWN BYYy�
SCALE
WORK ORDER NO. 1800899 FIELDBOOK
363 TAB f A-5195
0 2019 ALL RIGHTS RESERVED
DIGITAL FILE 1800899R—SURVEY—A5195—FtEV 1 F/N I 1800899—FN04
2019066696 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019086696
Pages: 10 Fee: $53.00
09/13/2019 02:51 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
JIT
X ,OUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing a drainage easement with Jacob Stevens regarding a
0.026 -acre tract of land out of the Robert McNutt Survey, Abstract No. 422 for
the Oak Bluff and Greenfield Drainage Improvements project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/13/2019
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: LAF.pdf, AGMT.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0279
A 0.026 -acre permanent easement and accompanying 0.036 -acre and 0.040 -acre temporary
easements are being dedicated across a portion of the lot owned by Jacob Stevens at 21
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 *(Round Rock Page 1 Printed on 9/12/2019