CM-2020-024 - 1/17/2020ACCESS EASEMENT
f
Date S_ , 2¢4f
GRANTOR TFCC WILSON'S TRACE LLC, a Texas limited liability company
GRANTOR'S Mailing Address (including County): 22 St. Clair Avenue East, Suite 200
Toronto, Ontario, M4T 2S3, CA
Attn: Carolyn Montgomery
With a copy to: Davis Ward Phillips & Vineberg LLP
900 Third Avenue 24* Floor
New York, NY 10022
Attn: Chaim Zelinger
GRANTEES: CITY OF CEDAR PARK, TEXAS, a Texas municipal corporation and home rule city in the State
of Texas, primarily situated in Williamson County, Texas
CITY OF AUSTIN, a Texas municipal corporation and home rule city in the State of Texas,
primarily situated in Travis County, Texas
CITY OF ROUND ROCK, a Texas municipal corporation and home rule city in the State of Texas,
primarily situated in Williamson County, Texas
GRANTEES' Mailing Address (including County): 450 Cypress Creek Road
Cedar Park, TX 78613
Attn: KENNETH WHEELER
Grants ' Permittees: The employees and agents of Grantees.
Easement Property: That certain parcel of land described on Exhibit A attached hereto and made a part hereof for all
pertinent purposes.
Easement Purpose: To utilize the Easement Property for pedestrian and vehicular access to the easement area described
in that certain Wastewater Easement and Right -of -Way by and between Wilson Land and Cattle Company, a Texas
corporation, as Grantor, and the Lower Colorado River Authority, a conservation and reclamation district of the State
of Texas, as Grantee, executed June 8, 1999 and recorded in Document No. 1999042137 of the Public Records of
Williamson County, Texas (the "Utility Easement"), and assigned to the Cities of Austin, Cedar Park, and Round
Rock on December 8, 2009, in an instrument recorded in Document No. 2009089311 of the Public Records of
Williamson County, Texas.
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are acknowledged by Grantor.
Exceptions to Warranty: Any and all easements, rights of way, leases, reservations, mineral severances, royalty
conveyances, covenants, conditions, restrictions and other documents and matters of any kind or nature affecting the
Easement Property which are filed of record or are visible or apparent on the ground on the effective date of this
instrument, expressly including Site Plan No. SD -I8-00007, and approved amendments or modifications thereto, and
all uses of the Easement Property permitted or contemplated thereby. Notwithstanding the foregoing, Grantees
expressly acknowledge and agree that (i) pursuant to certain covenants, conditions and restrictions affecting the
987�11916��1.
Easement Property, certain third parties have rights to use the Easement Property, including, but not limited to the
right to park vehicles within the Easement Property in accordance with such covenants, conditions and restrictions,
and (ii) except as may otherwise be permitted under the Utility Easement, Grantees shall have no right to prohibit,
prevent or interfere with any usage of the Easement Property as permitted pursuant to any such covenants, conditions
and restrictions or the exercise any enforcement rights set forth therein.
Grant of Easement: Grantor, for the Consideration and subject to the Exceptions to Warranty and further subject to
the "Terms and Conditions" (hereinafter defined), hereby grants, sells, and conveys to Grantees and Grantees'
successors and assigns an easement over, under, on, and across the Easement Property for the Easement Purpose,
together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement"). to have and to hold the Easement to Grantees and Grantees' successors and assigns forever. Except as
to the Exceptions to Warranty and subject to the Terms and Conditions, Grantor binds Grantor and Grantor's
successors and assigns to warrant and defend the title to the Easement in Grantees and Grantees' successors and
assigns against every person whomsoever lawfully claiming to or to claim the Easement or any part of the Easement
by, through, and under Grantor, but not otherwise.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement:
I. Character of Easement. The Easement is for the benefit of Grantees, Grantees' successors
and assigns, and Grantees' Permittees, and all of the Terns and Conditions and other provisions set out in
this instrument are binding upon Grantees, Grantees' successors and assigns, and Grantees' Permittees.
2. Duration of Easement The duration of the Easement is perpetual.
3. Resetwilon of Rights. Grantees' right to use the Easement Property is nonexclusive, and
Grantor reserves for Grantor and Grantor's successors and assigns the right to use all or any part of the
Easement Property in conjunction with Grantees; except that Grantor shall not use the Easement Property in
any manner which is inconsistent with the rights of Grantees hereunder or under the Utility Easement, or
grant any easement on or across the Easement Property that is inconsistent with the rights of Grantees
hereunder or under the Utility Easement.
4. Maintenance of Easement Property. The maintenance of the Easement Property will be at
the sole expense of Grantor. Grantees shall not damage the Easement Property in the exercise of this
Easement, and shall promptly repair any damaged improvements within the Easement Property caused by
Grantees and, except where the Easement Property overlaps the Utility Easement, so that such improvements
are in the same or better condition than existed prior to such damage.
5. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective successors and permitted assigns.
6. Choice of Law. This agreement will be construed under the laws of the State of Texas,
without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the
Easement Property is located.
7. Counterparts. This agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
8. Waiver of Default. It is not a waiver of or consent to default if the non -defaulting party
fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this
agreement does not preclude pursuit of other remedies in this Access Easement or provided by law.
9. Further Assurances Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform the terms,
98711964.6
provisions, and conditions of this Access Easement and all transactions contemplated by this Access
Easement.
10. Integration. This Access Easement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that there are no oral
agreements, representations, or warranties that are not expressly set forth in this agreement. Nothing in this
Access Easement is intended to and shall not alter, amend or change the Utility Easement or limit Grantees'
rights under the Utility Easement.
11. Legal Construction. If any provision in this Access Easement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties,
the unenforceability will not affect any other provision hereof, and this Access Easement will be construed
as if the unenforceable provision had never been a part of this Access Easement. Whenever context requires,
the singular will include the plural and neuter will include the masculine or feminine gender, and vice versa.
Article and section headings in this Access Easement are for reference only and are not intended to restrict
or define the text of any section. This Access Easement will not be construed more or less favorably between
the parties by reason of authorship or origin of language.
12. Notices. Any notice required or permitted under this Access Easement must be in writing.
Any notice required by this Access Easement will be deemed to be delivered (whether actually received or
not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt
requested, and addressed to the intended recipient at the address shown in this Access Easement. Notice may
also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other
commercially reasonable means and will be effective when actually received. Any address for notice may
be changed by written notice delivered as provided herein.
I3. Recitals. Any recitals in this Access Easement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
14. Execution. To facilitate execution: (a) this instrument may be executed in any number of
counterparts as may be convenient or necessary; (b) it shall not be necessary that the signatures of all parties
be contained in any one counterpart hereof, (c) the signature pages taken from separate individually executed
counterparts of this instrument may be combined to form multiple fully executed counterparts; and (d) a
facsimile signature or a signature sent by electronic mail shall be deemed to be an original signature for all
purposes. All executed counterparts of this instrument shall be deemed to be originals, but all such
counterparts, when taken together, shall constitute one and the same agreement.
EXECUTED by Grantor and Grantees on the counterpart signatures attached hereto, each to be effective as
of .2019.
[remainder of page intentionally left blank signature pages to follow]
98711961.6
3
COUNTFRPART SIGNATURE PAGE FOR ATTACHMENT TO
ACCESS EASEMENT
GRANTOR: TFCC WILSON' T CE LLC, a Texas limited liability
company
By:
Car M tgoma A horized Signatory
CAIJ/1GX4�
THE STATE OF g
Plawrrtc45 aF
1/CebNTY--eF' �uT4,k)D 4
AV rL
This instrument wag acknowledged before me this 3 day of C%Mx R , 2019 by Carolyn Montgomery,
Authorized Signatory for TFCC Wilson's Trace LLC, a Texas limited lia�bility � �any�, a ybehalf of said limited
liability company. , / , l7'1 /► 1 /1 / iJ n n
(SEAL211 tt I r f rirr NolaPublire� j
t4OTARr'y' MARIOFJiA1Es o
CD _ Ga rrister 8 Soudbf, Now Ptsbk and Cornrn wknor of oaths
• In and for the Pmvhm of Ontario. Caneda.
PUBLIC ; ;O My Cornrnhiaim dose not expire.
'iHCE ��•` Notary Ikrt)lc repfawred wQh are Canmdate Orwnd of ft Unxad stales
r r r r r 11111 of Mradcs In Toronto, Ontado, Canada for authan kstlon purpoasa.
98711961.6
COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO
ACCESS EASEMENT
GRANTEE:
THE STATE OF TEXAS §
COUNTY OF §
CITY OF CEDAR PARK, TEXAS, a Texas municipal
corporation and home rule city in the State of Texas, primarily
situated in Williamson County, Texas
By:
Name:
Title:
This instrument was acknowledged before me this day of '2019 by
of the City of Cedar Park, Texas,
a Texas municipal corporation and home rule city in the State of Texas, primarily situated in Williamson County,
Texas, on behalf of said municipality.
(SEAL) Notary Public Signature
98719 961.6
GRAN'T'EE:
THE STATE OF TEXAS §
COUNTY OF §
CITY OF AUSTIN, TEXAS, a Texas municipal corporation
and home rule city in the State of Texas, primarily situated in
Travis County, Texas
By:
Name:
Title:
This instrument was acknowledged before me this day of 2019 by
of the City of Austin, Texas, a
Texas municipal corporation and home rule city in the State of Texas, primarily situated in Travis County, Texas, on
behalf of said municipality.
(SEAL) Notary Public Signature
98711969.6
6
GRANTEE: E: CITY OF ROUND ROCK, TEXAS, a Tcxas municipal
corporation and home rule city in the State of Texas, primarily
situated in W' iamson County, Texas
By:
Name: AV
Tide: P
THE STATE OF TEXAS
COUNTY OF ilk
This instrument was acknowledged eforc me his I r ' day of (alq. 20j by
a Texas municipal corpo ��oand home rule city ' . thetate of the ty of Rou ock, Texas,
'_ .
=An
of Te , primarily situated in Williamson County,
Texas, on behalf of said municipality.
(SEAL) Notary Public Sig re
98711961.6
7
EXHIBIT A
Legal Description of Easement Property
Page 1 of !$
ase
Land Surveyors, Ina
111E M=AzdwmaSgSW RPa
Shirr 101
qwmwdffn #1001SIM
Offlat 51ZJ745M
METES AND BOUNDS DESCRIPTION
BEING AN ACCESS EASEMENT OF 21,024 SQUARE FEET (0.482 OF AN ACRE) OF LAND
OUT OF THE JOHN K DILLARD SURVEY ABSTRACT NO. 179 IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 1 IN ME WILSON SUBDIVISION, A
SUBDIVISION OF RECORD IN DOCUMENT NUMBER 2019049764 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point In the north Lina of Lot 1, being in Uta south tight -of -way- line of
Bruahry Crack Road — County Road 174 (R.O. W. varical from which a 1R" mbar found in tho north
line of Lot I and being the in the south right-of-way- lino of Brushy Creak Road — County Road 174
a tangential curve to the lafl having a radius of 925.00 feet, a length of 108.65 feet, a delta angle
of 06043'49" and having a chord which bears Soutlt 72°34'40" West a distance of 108.59
feet to the POINT' OF BEGINNING (POINT OF BEGINNING COORDINATES, NorlWg:
10,159,013.61 Eating: 3,104,189.321
T7IENCE crossing through Lot 3 Block A the fallowing twenty two (22) courses:
1. South 23°28'14" East a distance of 89.51 feet to it calculated point for a point of
curvature;
2. Along a tangential curve to the right having a radius of 45.25 feet, a length of 22.51
feet, a delta angle of 28°30'25" and having a chord which bears South 37030'42"
East a distance of 22.28 feet to a calculated point for a point of compound curve;
3. Along a tangential curve to the left having a radius of 68.99 feel, a length of 10.44
feet, it delta angle of 08040'09" and having a chord which bears South 47°25'49"
East a distance of 10.43 feet to a calculated point for a point of compound curve;
4. Along a tangential curve to the right having a radius of 73.65 feet, a length of 64.33
feet, a delta angle of 50°02'36" and having a chord which beats South 18004'27"
East a distance of 62.30 feet to a calculated point for a point of compound curve;
5. Along a tangential curve to the right having a radius of 72.00 feet, a length of 42.67
feet, a delta angle of 33057'23" and having a chord which bears South 23°55'33"
West a distance of 42.05 feet to a calculated point for a point of reverse curvo;
98711961.6
Page 2 of 5
6. Along a tangential curve to the left having a radius of 24.40 feet, a length of 38.43
feet, a delta angle of 90114'28" and having it chord which bears South 04013'00"
East a distance of 34.58 feet to a calculated point for a point of tangency;
7. South 49020'14" East a distance of 126.23 feet to a calculated point for a point of
curvature;
8. Along a tangential curve to the left having a radius of 33.00 feet, a length of 34.80
feel, a delta angle of 60°24'49" and having a chord which boars South 79032'38"
East a distance of 33.21 feet to a calculated point for a point of tangency;
9. North 70014'57" East a distance of 32.40 fed to a calculated point for a point of
curvature;
10. Along a tangential curve to the right haviug a radius of 25.00 fed, a length of 36.33
feet, a delta angle of 83016'12" and having a chord which bears South 68°06'57'
East a distance of 33.22 feet to a calculated point for a point of tangenc r,
11. South 26928'50" East a distance of 11.55 feet to a calculated point;
12. South 19045'03" East a distance of 123, 10 feet to a calculated point;
13. South 700 14'5T' West a distance of 28.00 feet to a calculated point;
14. North 19145'06" West a distance 122.64 feet to a calculated point;
15. South 70°]4'57" West a distance of 30.58 feet to a calculated point for a point of
curvature;
16. Along a tangential curve to the right having a radius of 67.00 feet, a length of 70.65
feet, a delta angle of 60124'50" and having a chord which bears North 79°32'39"
West a distance of 67.42 feet to a calculated point for a point oftangency;
L7. North 49120'14" West a distance of 136.70 feet to a calculated point for a point of
curvature;
18. Along a tangential curve to the right having n radius of 48.50 feet, a length of 81.79
feet, a delta angle of 96°37'39" and having a chord which bears North 01101'25"
West a distance of 72.44 feet to a calculated point for a point of compound
curvature;
19. Along a tangential curve to the left having a radius of 39.00 feet, a length of 67.17
feet, a delta angle of 98°40'33" and (raving a chord which bears North 02°11'16"
West a distance of 59.17 fed to a calculated point for a point of compound
curvature;
98711961.6
9
Page 3 of 5
20. Along a tangential curve to the right having a radius of 80.00 feet, a length of 39.14
feet, a delta angle of 28001'46" and having a chord which bears North 37°30'41"
West a distance of 38,75 feet to a calculated point for a point of tangency;
21. North 23029A Ir' West a distance of 65.43 feet to a calculated point
22. North 23°30'26" West a distance of 25.08 feet to a calculated point;
THENCE Along the LOT and the ROW along a tangential curve to the right having a radius
of 921.22 feet, a length of 34.06 fust, a della angle of 02007'OT' and having a chord which
bears North 68010'39' East a distance of 34.06 feet to a calculated point for the POINT OF
BEGINNINQ
Easement heroin coatoining 0.482 of acre of tend, mom or leas, out ofrhe ttad the John H. Dillard
Survey Abstract No. 179 in Williamson County,Texm.
Bearing Basin Texas State Plane Coordinates, Central Zone, NAD 83196CORS.
OP
ra
ROBERT OLEFI 141ALOY
Rauh Gan Malay Date
Registered Professional Land Surveyor
State ofTexas No. 6028
File:SAPmjedslWilson TraetlD DCMAccess Easetneut Lot Ldoc
FIe:S:TmdedA%VilsonTraet%DWMAccess Easement Lai l.dwg
98711961.6
10
EES .TOP
4
WILSON SUBDIVISION
LOT 1, BLOCK A
OCC. NO.2019049784
O.P.R.W.C.T.
POINT OF
BEGINNING
N:10.159.013.91
E:3,104,180.52 'i
4 C3
I. THE UNDERSIGNED, A REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STATE OF TEXAS. HEREBY
CERTIFY TWIT THIS PLAT IS TRUE MID CORRECT TO
THE BEST OF MY KNOWLEDGE AND ABILITY AND TWIT IT
WAS PREPARED FROM AN ACRJAL SURVEY OF THE
OF
PROPERTY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
�� •' i isr�• F�
GRAPHIC SCALE
100 50 0 100
IN FEET
WILSON SUBDIVISION
LOST 1, BLOCK A
DOC. NO.2019049744
O.P.R.W.C.T.
F fig /, / ' /19 RpBR1 GCEN.MALDY
', / Da 29
Robert Glen Malay, -PATE {y Lao
R.P.L.S. N0. aD28 STATE OF TEXAS
9000 Andenaa Square Rd. f1Ot
AUSTIN, TEXAS 78757 \`
SKETCH TO ACCOMPANY DESCRIPTION BASELINE LANA SURVEYORS, INC.
BHWO AN ACCESS EASEMENT OF 21,024 SQUARE FELT (0.482 PROPESSIONAL LAND SURYr VINE SFRVXn
OF AN ACRE) OF LAND OUT OF TRE JOHN E DULARD SURVEY dW 001"M N WK 8000. At tot Aof K =0 Ma
ABSTRACT NO. 179IN WU IMM ON COUNTY, TEXAS, BEING A am' (t) e74 -nn
POR77ON OF LOT 1 IN THE Wa SON SUBDIVISION. A Rw Iteateteo
SUBDVM10N OF RECORD IN DOCUMENT NUMBER 2019049764
OF TIB OFFICIAL PUBLIC RECORDS OF WIY.L MSON COUNTY, ,mom SHEFr
TEXAS m -n p - - 4 of 5
98711961.6
11
UNE TABLE
LINEN
CURVE TABLE
LENG7F!
L7
CURVE#
RADIUS
LENMH
DELTA
CHORD BEARING
CHM
Cl
923.00'
108.86'
8'4349"
S72'34'40'W
108.59'
C2
45.25'
22-51'
29'30.25-
S3730'42"E
22.28'
C3
88.99'
10.44'
8'40'09"
S4728'49'E
10.43'
C4
73.85'
64.33'
30'D2'30'
S16'04'270E
82.30'
C5
72.00'
42.67'
33'57'23"
52J'55'33'W
42.05'
co
24.40'
35.43'
90'14'20"
S413'00"E
34.58'
C7
noW
34.80'
80'2449'
S79'32'38'E
33.21'
CS
25.00'
38.33'
83`18'12-
S88.OB'57'E
33.22'
C9
87.00'
70.95'
80'24.50•
N79'32.39"W
87.42'
CID
48.50'
81.79'
98'37'39'
N1.01'25`W
72.4-'
C1i
39.00'
67.17'
98.4033'
N2'11'18'W
59.17'
C12
80.00'
39.14'
28'0148'
N373W41'W
38.78'
C13
921.22'
J4 08'
2'O7'O7-
N88'10'30'E
34.OW
UNE TABLE
LINEN
DIRECTION
LENG7F!
L7
S23'28'14"E
89.51'
L2
S4V20'l4"E
126,23'
L3
N70'14'57"E
32.40'
L4
S26'28'50"E
11.55-
L5
SIW45'03"E
123.10'
L6
S70'14'57"W
28.00-
L7
NI9'45'03"W
122.64'
LS
S70'14'57"W
30.58'
L9
N49'20'1 4"W
138.70'
L1O
N23'29'48"W
65.43'
L1 i
N2330'26"W
25.08'
SEND
•
1/2' REBAR FOUND
•
COTTON SPINDLE FOUND
NAIL FOUND
♦
CALCULATED POINT
R.O.W.
RIGHT OF WAY
(]
RECORD INFO. PER DOC. NO. 2013011984, O.R.W.C.T.
j ]
RECORD INFO. PER DOC. NO. 2011088293, O.P.R.W.C.T.
t j
RECORD INFO. PER DOC. ND. 1999042137. O.R.W.C.T.
A.R.W.C.T.
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
O R N:CT,
OFFICIAL RECORDS OF WILLI AMSON COUNTY, TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS OF WILUAMSON COUNTY, TEXAS
SKETCH TO ACCOMPANY DESCRIPTION RASEUNE LAND SURVEYORS, INC
BEING AN ACCESS BASEMENT OF 21,024 SQUARE FEET (0.492 PROFESSIONAL LINO SURVEYING SERVICES
OF AN ACRE) OF LAND OUT OF THE JOHN H. DKI ARD SURVEY SM APOWN MW X" suit fQ1 Af srx um flow
ABSTRACTNO.179 iN WUJ.LWSON COUNTY, TW AS, BEIKO A °F' (012J 374 -DW
POR71ON OF LOT 1 IN THE WILSON BUBDrMlQN, A rbea m �w IFIGOIS140
n"f
SUBDMSION OF RECORD IN DOCUMffiVT NUMBER 2019049761
OF THE OFFICIAL PUBLIC RECORDS OF WB.L1AM80N COUNTY, SNEET
TOM :
- MEWr wa aar
n,,.,erww S of S
98711961.6
12
City of Round Rock
ROUNO ROCK
xA , Agenda Item Summary
Agenda Number:
Title: Consider executing an Access Easement for a 0.482 acre tract of land
between TFCC Wilson's Trace, LLC and the City of Cedar Park, the City of
Austin and the City of Round Rock.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/17/2020
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: Wilson Tract Easement 2
Department: Utilities and Environmental Services
Text of Legislative File CM -2020-024
The Milestone Development in Cedar Park expanded over existing Brushy Creek Regional
Wastewater System (BCRWWS) easements and blocked access to the collection system
interceptor. Milestone Development is providing three access easements to ensure the
BCRWWS partner cities of Austin, Cedar Park, Leander, and Round Rock have access to all
the wastewater infrastructure for any future maintenance and inspections. This is one of three
easements that will grant a thoroughfare to utility access points and easements already in
place. The City of Round Rock owns a small percentage in the collection system in this area
and, as a partner, is included in the approval of the new access easement along with the other
three cities.
Cityof Round Rock Page 1 Printed on 4/io mo