CM-2015-784 - 5/13/2015City of Round Rock
"OE°wns°RO°` Agenda Item Summary
Agenda Number:
Title: Consider executing a release and termination of wastewater line
easement granted by Chester Madsen and Joyce Madsen to the City of
Round Rock, TX.
Type:
City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
12/12/2014
Dept Director:
Sara White, City Clerk
Cost:
Indexes:
Attachments:
Department:
Administration
Text of Legislative File CW2015-784
City of Round Rock Page 1 JoundeC an 91&4015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource-
Project Name: Released wasrewatar ume Easemed- h adsen
ContractorNendor: NA
Council Action:
ORDINANCE RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Release and Termination of a Wastewater Line Easement and Correction to Wastewater Line Easement for
property owned by Chester Madsen and Joyce Madsen.
3rn��fey Approval
rr
Attorney
Date , Z411,4-
0 \wdox\SCCInts\Ol 14\1409\MISC\00326125.XLS
411,4f
O:\wdox\SCClnts\0114\1409\MISC\00326125.XLS Updated 6/3/08
RELEASE AND TERMINATION OF
WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That the CITY OF ROUND ROCK, TEXAS a Texas home -rule municipality, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid to it by Chester Madsen and Joyce Madsen, the receipt and sufficiency of
which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE that
certain Wastewater Line Easement granted by Chester Madsen and Joyce Madsen to the City of
Round Rock, Texas, dated on or about July 28, 2006, and recorded as Document No.
2006065303 of the Official Public records of Williamson County, followed by a Correction
Wastewater Line Easement dated on or about November 28, 2006, and recorded as Document
No. 2007001980 of the Official Public records of Williamson County Texas.
This instrument is given specifically to release the described original Wastewater Line
Easement and Correction Wastewater Line Easement in its entirety, and the same is hereby
terminated by abandonment, termination, vacation, and cessation of purpose, shall be of no
further force and effect, whether legal or equitable.
tIN WITNESS WHEREOF, the City has caused this instrument to be executed on this the
day of the month of t&,(,W 2014.
Approved as to form:
City Attorney
S�fiPhAY1tL �1tIAYG RELEASOR:
CITY OF ROUND ROCK, TEXAS
By
Laurie Hadley, City Manager
326124 SSV.
Acknowledgement
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of the month of
1991 , 2014, by Laurie Hadley, City Manager for the CITY OF ROUND ROCK,
Texas in the capacity and for the purposes and consideration therein expressed.
SAFA LEIGH WHRE
Z f MY COMMISS11ouVIIERES
11, 2016
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
'rryV • y -
Signature
�-. / ., '• 's
GPU
Printed Name
Notary Public, State of l b
2of2
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2007001980
tz vcs
CORRECTION
WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY
COUNTY OF WILLIAMSON
That CHESTER MADSEN and wife JOYCE MADSEN, whose current address is 1501 North
County Road 122, Georgetown, Texas 78646-9515, (hereinafter referred to as'rte," whether one or
more), 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,
(hereinafter referred to as "Gran ee'), whose mailing address is 221 East Main Street, Round Rock,
Texas 78664, the receipt and sufficiency of which is hereby acknowledged, do hereby GRANT, SELL
and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain,
inspect. reconstruct, enlarge. relocate, rebuild, repair, and remove a wastewater system and lines, together
with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment,
improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and
across the following described property of Grantor, to -wit:
TRACT ONE: See Exhibit "A" attached hereto and made a part hereof describing a
0.984 acre parcel of land) in Williamson County, Texas, being a part of the Robert
McNutt Survey, Abstract No. 422, and being a part of that 161.11 acre tract of land
conveyed to Chester Madsen and wife, Joyce Madsen by Deed recorded in Volume 434,
Page 176 of the Deed Records of Williamson County, Texas, and being more particularly
described by metes and bounds as follows; and
See "Sketch to Accompany Description" attached hereto and made a peat hereof,
showing such Tract One easement
TRACT TWO: See Exhibit "B" attached hereto and made a part hereof describing a
0.582 acm parcel of land in Williamson County, Texas, being a part of the Robert
McNutt Survey, Abstract No. 422, and being a part of that 161.11 acre tract of land
conveyed to Chester Madsen and wife, Joyce Madsen by Deed recorded in Volume 434,
Page 176 of the Deed Records of Williamson County, Texas, and being more particularly
described by metes and bounds as follows; and
See "Sketch to Accompany Description" attached hereto and made a peat hereof,
showing such Tract One easement
TRACT THREE: See Exhibit "C" attached hereto and made a part hereof, describing a
0.778 acre parent of land in Williamson County, Texas, being a part of the Robert
McNutt Survey, Abstract No. 422, and being a part of that 161.11 acre but of land
conveyed to Chester Madsen and wife, Joyce Madsen by Deed recorded in Volume 434,
Page 176 of the Deed Records of Williamson County, Texas, and being more particularly
described by metes and bounds as follows; and
See "Sketch to Accompany Description" attached hereto and made a peat hereof,
showing such Tract One easement
EXHIBIT
261107-1 I IMM06
A
This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to
the hereinabove described properly to the extent, and only to the extent, that the same may still be in force
and effect and shown of record in the office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual;
provided, however, that said easement rights and privileges shall cease and revert to Grantor in the event
the said wastewater line is abandoned, or shall cease to be Used, for a period of five (5) consecutive years.
Grantor covenants that he/she will not convey any other easement or conflicting rights within the
area covered by this grant without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use
of the easement to determine the effect, if any, on the wastewater lines contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect the
integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall
be obtained by Grantor in the following manner: advance written notice must be given by certified mail to
the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2)
City Engineer at 2008 Enterprise (hive, Round Rock, Texas 78664. Following receipt of such notice, the
City of Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants to Gmatee:
(a) the right of ingress to and egress from the easement over and across Grantor's property by
means of roads and lanes thereon, if suchexist, otherwise by such route(s) as shall
occasion the least practicable damage or inconvenience to Grantor, provided that such
ingress and egress right shall not extend many portion of Grantors property isolated
from the ememem by any public highway or road now or hereafter crossing the property;
the foregoing right of ingress and egress includes the right of Grantee to disassemble,
remove, take down, and clear away any barricade or other structure which obstructs,
prevents, or hinders Grantee's ingress to and egress from Grantors property, and should
Grantee deem it necessary to so disassemble, remove, take down, or clear away any such
barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or
restore Grantor's property to as similar a condition as is reasonably practicable as existed
immediately prior to Grantee's actions pursuant to this provision, unless said barricade or
other structure is inconsistent with rights conveyed to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress;
(c) the right to mark the location of the easement by suitable mailers; provided that such
markers shall be placed in locations which will not interfere with my reasonable use
Grantor shall make of the easement;
(d) the right to grade the easement for the full width thereof and to extend the cuts and fills
for such grading into and on the land in the easement to such extent as Grantee may find
reasonably necessary;
(e) the right from time to time to trim, cut dawn and clear away any trees and brush now or
hereafter on the easement and to trim, cut down and clear away any trees on either side of
the easement which now or hereafter in the opinion of Grantee may be a hazard to the
pipeline, valves, appliances or fittings, by reason of the danger of falling or root
261107.1 11/21/2006
infiltration, or which may otherwise interfere with exercise of Grantee's rights hereunder;
provided, however, Grantee will provide written notice to Grantor prior to removal of
trees outside of the easement, and provided that all trees which Grantee is hereby
authorized to cut and remove, if valuable for timber or firewood, shall continue to be the
property of Grantor, but all brush and refuse wood shall be removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now cross or shall
hereinafter cross the easement; and
(g) the right to support the pipelines across ravines and watercourses with such structures as
Grantee shall deem necessary.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantees private roads of lanes on the lands;
(c) Grantee shall indemnity 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 employces in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any
and all proposes which do not interfere with and, prevent the use by Grantee of the easement, including
the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks,
gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the
easement any building or other structure such as a patio, swimming pool, sport court, storage shed,
accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any
reservoir or other obstruction on the easement or diminish or substantially add to the ground cover over
the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property,
structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement
provided, however, before constructing any non -interfering improvements listed in this paragraph, at least
ten (10) days' written notice shall he provided to Grantee of the general plans of the improvement to be
constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the
construction and location of any improvements within the casement.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility wastewater line easement.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind himself/herself, and their successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any pan thereof.
This instrument is a Correction Wastewater Line Easement, given by GRANTOR and accepted
by GRANTEE to replace the Wastewater Line Easement executed by GRANTOR dated July 28, 2006 of
record under Document No. 2006065303 in the Official Public Records of Williamson County, Texas (the
261107-1 11212006
Texas (the "Prior Easement"). This instrument corrects The field notes attached to the Prior Easement,
and is effective as of July 28, 2006. The Prior Easement is terminated and will be of no further force or
effect.
Ch Madsen
C�i;
Joyce Madsen
THE STATE OF TEXAS §
COUNTY OF T4V IS §
This instrument was acknowledged before me on this the W—K day of NOVCr1+1M0. 2006
by CHESTER MADSEN, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and consideration therein
expressed. --------------------
n
�yyw� JENNY A. POLLARD tn. oA.o
ety tr.ywacsreaT.. Nt Publicotate of Texas
fN^1l+'f Myr r 50.
$, Y FEBRUARY 11, 2000
THE ATE OFTEXAS §
COUNJYOF ippvfS §
This instrument was acknowledged before me on this the 7-$k dey of Nov @rr, eA- . 2006
by JOYCE MADSEN, known by me to be the person whose name is subscribed to the foregoing
instmment, and acknowledged to me that he executed the same for the purposes and consideration therein
expressed. pr1
JENNYA POLLARD
I° nary rua ar+a .. Ntfy Public tate of Texas
261107-1 1121/2006
GRANTEE:
Accepted and Agreed:
City of Round Rock, Texas
BY:
Name:
Title:
THESfATEOFTEXAS §
COUNTY OFWXLIAMSON §
Thstrumen[ was acknowledged b fore me on this the, day of �n___� uO rt 20(1
by JOWS S �, N liae �K_- of the City of Round ock, Texas,
on behalf of same. _
After recording please return to:
11611
Sheets & Crossfield, P.C.
309 East Main Sl.
Round Rock, Texas 78664
261107-1 1112[2006
0.984 Acre
A PARCEL OF LAND IN W ILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 181.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE, JOYCE MADSEN BY DEED
RECORDED IN VOLUME 444, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a 3S" iron roil with RJ Surveying cap set at the Southwest Corner of that 5.00
acre tract of land conveyed to Russell Madsen by deed recorded In Volume 805, Page 338 of
the Deed Records of Williamson County, Tema;
THENCE S.89°39'08"E., along the South Line of the said 5.00 Acre Tract, a distance of 311.91
feet to the Point of Beginning;
THENCE continue 5.89°39'08"E. along said South Line, a distance of 30.00 feet to a W Iron
rod found at the Southeast Comer of the said 5.00 Acre Tract in the East Line of the said
161.11 Acre Tract and in the West Line of that 4.453 ase treat of land conveyed to Charles R.
Stewart and wife, Linda K Stewart, by deed recorded in Document No. 2003123545 of the
Official Public Records of Williamson County, Texas;
THENCE S.00"O6'57W., along the East Line of the said 161.11 Acre Tract, at a distance of
29.10 feet pass a Y.' Iron rod found at the Southwest Comer of the 4.453 Acre Tract, the same
being the Northwest Corner Of that 1.636 we treat of land conveyed to James E. Pimitola and
wife, Nicole S Pi=ltola, by deed recorded in Document No. 2000003951 of the Official Public
Records of Williamson County, Texas, in all a total distance of 251.60 feet to a''/." iron rod
found at an angle point In the East Line of the said 161.11 Acre 7reoq the same being the
Southwest Comer of the said 1.636 Acre Tract;
THENCE S.89a06'57"E., along the South Line of the said 1.636 Acre Tract and along aline
common with the said 161.11 Acre TWL a distance of 240.56 feet, from which point a'A' iron
rod found in the South Line of the 1.636 Acre Tract bears S.89'06'67"E., 63.94 feet;
THENCE crossing the said 161.11 Acre Tract the following two courses:
1. S.06°50'00"E. a distance of 224.66 feet;
2. S.27'00'23"E. a distance of 372.80 feet to the East Line of the said 161.11 Acre Tract and to
the West Line of that 15.19 acre tract of land conveyed to Ken Burge by deed recorded In
Document No. 9618889 of the Official Public Reoords of W9liamson County, Taxes;
THENCE S.01 *19'28"W., along the East Line of the 161.11 Acre Tract and the West Line of the
15.19 Acre Traci, a distance of 337.81 feet to a W iron rod set at the Northeast Comer of that
32.21 acre tract of land conveyed to Kenneth W. Burge by deed recorded In Document No.
9716054 of the Official Public Records of Williamson County, Texas;
THENCE N.88 -48'05"W., crossing the said 161.11 Acre Tract and along the North Line of the
said 32.21 Acre Tract, a distance of 30.00 feet;
Page i of 2 S:LLAND1250-1299\1259\1259.4,r1f
Exhibit A
Page 1 of 3
0.984 Acre
THENCE crossing the said 161.11 Acre Tract the following five courses:
1. N.01°1928"E. a distance of 330.31 feet;
2. N.27"0923"W. a distance of 370.56 feet;
3. N.06"6tl00'W. a distance of 203.79 feet;
4. N.89*W67"W. a distance of 243.95 feet;
S. N.00'W57"E. a distance of 281.52 feet to the said Point of Beginning.
Contatning 0.984 acre, core or less.
OAs>�Z 2040
.Kennetheigan
Registered Professional Land Surveyor No. 5741
State of Texas
RJ Surveying, Inc.
1212 East Broker Lane
Austin, Texas 78753
Page 2 of SAI-AND1250.1299\1269\1269-4.rt1
Exhibit A
Page 2 of 13
Exhibit A
Page 3 of 3
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MONUMENT No.
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RUSSELL YADSEN
6.00 ACRES
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SKETCH TO ACCOMPANY DESCRIP7I01V
a
Ixr = FOUND IRON RDD
(SEE DESCMPRON ON A SEPARATE ATTACHMENT)
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ROD
DATE JAN. 11, 2006 SCALE. 1' = 200'
(MIN RJ
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R✓ SUR KEYING INC.
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1212 E @RAKER LANE AU511N, TEKA5 78753 (512) 836-970
Exhibit A
Page 3 of 3
° 0.582 Acre
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 161.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE, JOYCE MADSEN BY DEED
RECORDED IN VOLUME 434, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Begin at a 1° Iron pipe found at the remains of a fence post at the Northwest Comer of the said
161.11 Acre Tract, the same being a corner In the South Line of that.151.52 acre tract of land
conveyed to Paloma Lake Development, Inc., by deed recorded In Document No. 2005076981
of the Official Public Records of Williamson County, Texas;
THENCE S.89°59'04"E., along the North Une of the said 161.11 Acre Tract and along a South
Line of the sold 151.52 Ape Tract, a distance of 13.57 feet;
THENCE crossing the said 161.11 Acre Tract the following four courses:
1. S.27°4528"E. a distance of 395.18 feet;
2. 5.11°14'25"E. a distance of 139.26 feet;
3. S.43'43'1 1"E. a distance of 308.75 feet;
4. S.56°27'31"E. a distance of 21.13 feet to a point in the North Line of that 4.86 acre tract of
land conveyed to Ronald R. Madsen and wife, Janette M. Madsen, by deed recorded In
Volume 745, Page 671 of the Deed Records of Williamson County, Texas, from which point
a 1° iron rod found for the Northeast Corner of the said 4.85 Acre Tract bears S.89°47'57°E.,
167.42 feet;
THENCE N.89647'57'W., along the said North Line of the 4.86 Acre Tract, a distance of 48.12
feet from which point a P Iron rod found for the Northwest Comer of the said 4.86 Acre Tract
bears N.89°47'57'W., 58.39 feet;
THENCE NA3°43'11"W., at a distance of 170.46 feet pass a 35° iron rod found at an angle point
In the Northeasterly Line of that 4.46 acre tract of land conveyed to Duval C. Jarl, Jr., and
Geraldine K. Jar[ by deed recorded in Volume 792, Page 319 of the Deed Records of
Williamson County, Texas, and continue along said Northeasterly Line, in all a total distance of
304.71 feet, from which point a 12" Iron rod found at the North Comer of the said 4.46 Acre
Tract bears N.43°43'1 VW., 83.39 teak
THENCE departing said Northeasterly Line and crossing the said 161.11 Acre Tract the
following two courses:
1. NA 1 °7425"W. a distance of 143.64 feet;
2. N.27°462VW. a distance of 360.43 feet to the West Line of the 161.11 Acre Tract;
THENCE N.Ot°38'39"W., along said West Line, a distance of 40.89 feet; to the Point of
Beginning.
Containing 0.582 acre, more or less.
. Kenneth Weiger
Registered Professional Land Surveyor No. 5741
State of Texas
RJ Surveying, Inc.
1212 East Braker Lane
Austin, Texas 78753
S.UAND1250-12991125911259-1-A.M
Exhibit B
Page 1 of 2
S\LAa91250-1299\1259\dwe\1259-ESNT-I.dwg 7/3/2006 1002156 AN CDT
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PALO AA LCRAKE ES DEVELOPMENT, RlC.
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Exhibit B
Page 2 of 2
0.778 Ane
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
McNUTT SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 161.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE, JOYCE MADSEN BY DEED
RECORDED IN VOLUME 434, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commence at a 1' iron rod found at the Northeast Corner of that that 4.86 acre tract of land
conveyed to Ronald R. Madsen and wife, Janette M. Madsen, by dead recorded in Volume 745,
Page 671 of the Deed Records of Williamson County, Texas
THENCE S.00"10'46"W., along the East Line of the said 4.86 Acre Tract, a distance of 110.17
feat to the Point of Beginning;
THENCE departing said East Line and crossing the said 161.11 Ape Tract the following five
courses:
1. S.55"27'31'E. a distance of 166.29 feet;
2. S.86'30'62'E. a distance of 536.01 feet;
3. S.01'21154"W. a distance of 146.35 feet;
4. S.88'38'06"E. a distance of 151.49 feel;
6. S.57'17'10"E. a distance of 144.68 feet to the North Line of that 5.00 acre tract of land
conveyed to Russell Madsen by deed recorded In Volume 805, Page 338 of the Dead
Records of Williamson County, Texas
THENCE S.55'40'57"1N., along said North Line a distance of 32.58 feet;
THENCE departing said North Line and crossing the said 161.11 Ape Tract the following five
courses:
1. N.57'1T1(NW. a distance of 123.54 feet;
2. N.88'38'06'W. a distance of 173.08 feet;
S. N.01'21'54"E. a distance of 147.44 feet;
4. N.86'30'62'W. a distance of 515.15 feet;
5. N.56127'31"W. a distance of 154.60 feet to the East Line of the saitl 4.88 Acre Tract from
which point a %- iron and found at the Southeast Corner of the 4.86 Acre Tract bears
S.00'10'46"W., 592.31 feet;
THENCE N.00'10'46"E., along said East Line, a distance of 35.92 feet to the said Point of
Beginning.
Containing 0.778 acre, more or less.
. Kenneth Weigarell
Registered Professional Land Surveyor No. 5741
Stale of Texas
RJ Surveying, Inc.
1212 East Braker Lane
Austin, Texas 78753
S:\LAND 12541299\1259\1252k1-B.M
Exbibit C
Page 1 of 2
AM CDT
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i 7515OWA LAKE 2 ACRES DEVELOPMENT, INC
DOCUMENT Na 2005076981
COUNTY ROAD 122
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JANETTEM MADSEN� y^
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VOUIME 744 PACE 671
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N57D4'22'W 4625.64'
TO CITY OF ROUND ROCK
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COUNTY 8610 122
CHARLES R. STEWART00A K.
4453 ACRES RT 1866881
DDC / 200312.TW Iv
Exbibit C
Page 2 of 2
FILED AND RECORDED
OFFICIAL PMLIC RECORDS 2897NW#
F-k�
01/00/2007 10:24 RM
PNOLTZ $00.00
NRNCY E. RISTER, COUNTY CLERK
UILLIRMSON CWNTY. TEXTS
11 -GF? JPB
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ETURN TO: HERITAGE TITLE
01 CONGRESS, SUITE 1500
AUSTIN, TEXAS 78701
WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
COUNTY OF WH.idAMSON
eSnT 2006065303
22 PGS
KNOW ALL BY THESE PRESENTS:
That CWESTER MADSEN and wife JOYCE MADSEN, whose current address is 1501 North
Cowry Road 122, Georgetown, Texas 78626-9515, (hereitafter eafferred tow "Graoror," whetterone ca
mon), for and in cousidemtion of the sore of TEN and N0/100 DOLLARS ($10.00) and otber good and
valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation,
(hereinaftcr referred to as "Ortur ee 1, whose mailing address is 221 East Main Street, Round Rock, Texas
78664, the receipt and sufficiency of which is hereby acknowledged, do hereby GRANT, SELL and
CONVEY unto Giantess a pmpemal easement and nght rf-way to construct. install, operate, maintain,
inspect, recoasnvcy enlarge, rdocmc4 reboild, repair, and remove a wastewater system and ]ince,
together with all necessary lines, pipes, conduits, valves, vaults, numboles, ventilators, and otber
eTripmrnt, ieaproventmts, acoessoriea and appurtenances or operations thereto, in, upon, over, under,
above and across the following described property of Grautor, town
TRACT ONE: Sea Exhibit "A" arm hod hereto and made a part hereof, describing a
0.984 ave parcel of lard in Williamson County, Texa; being a part of the Robert
McNum Survey. Abstract No. 422, and being a part of tbat 161.11 acre tract of lead
conveyed to Chester Madsen and wife, Joyce Madsen by Deed recorded in Volume 434,
Page 176 of the Deed Records of Williamson Courcy, Texas, and being more particularly
described by metes and bounds as follows; and
See "Sketch to Accompany Description" attached hereto and made a part hereof, showing
such Tract One easement.
TRACT TWO: See Exbibit'B" attached hereto and made a pmt hereof, describing a
0.587 acre parcel of land in Williamson County, Texas, being a part of the Robert
McNum Survey, Abstract No. 422, and being a part of that 161.11 acre tract of land
conveyed to Chester Madsen and wife, Joyce Madsen by Deed recorded in Volume 434,
Page 176 of the Dead Records of WilliamsonCounty, Texas, and being more particularly
described by metas and bomoda as follows; and
See'Sketeb to AcenmpanyDescriptim" attached hereto and made a part hereof, showing
such Trac Two easement
TRACT TIDtBE: Sea Exhibit "C" attached hereto and made a part hereof, dwcnbing a
0.778 acre parcel of land in Williamson County, Texas, being a pan of the Robert
McNutt Survey, Abstract No. 422, and being a part of that 161.11 ave tract of land
conveyed to CheaterMedsen and wife, Joyce Madsen by Dead recorded in Volume 434,
Page 176 of the Dead Records of Williamson County, Taxa; ad being more particularly
described by metes and bounds as follows; and
See "Sketch to Accompany Description" attached hereto and made a pan bereof, showing
such Tran Three easement.
MIM19ft
EXHIBIT
This coaveymme is made and accepted subject in all conditions and restrictions, if my, relating to
the hs moabove described property W the extent, and only to the extent, that the same may still be in Rome
and effect and shown of record in the office of the County Clerk of Willimuon County, Texan
Except as otherwise noted, the ensemmr, rights and privileges herein granted shall be perpetual;
provided, however, that said casement, ruts and privileges shall cease and revert m Grantor in the event
the said wastewata line is abandoned, m shall cease W be used, for a period of five (5) consecudwyears,
Grantor covenants that befshe will not convey any other easement or conflicting rights wabo the
area covered by this grant without the express written consent of Grantee, which consent shall not be
umeasmubly withheld. Grantee shall have the right to review any proposed easement or eootlicting ore
of the easement to determine the effect, if my, on the Wastewater limes contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protest the
integrity, of the wrr ewrter lines. As acquired by this paragraph, express written consent of Grantee shall
be obtained by Grector in the following ummer:advance written mike must be given by certified mail
to the (1) City ofRoand Rock City Manager m 221 Fast Main Street, Round Rack, Texas 78664, and (2)
City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the
City of Round Rock shall have ten (10) days in which m respond in writing grunting consent
conditioniag coaseatupon reasomblesafegoards, ordmying coasmt.
Gramm further giants to Grantee
(a) the right of ingress to and egress from the easement over and across Grantor's propmty
by means of mads and lanes thereon, if such coda, otherwise by such taote(s) as shall
occasion the least practicable damage or inconvenience no Grantor, provided that such
ogress and egress right shall ant extend to any portion of Grantor's property isolated
from the easement by any public highway or mad now or hereafter crossing theproperty;
the foregoing right of ingress and egress includes the right of Goatee to disassemble,
r,smve, take down, and clear away any barricade car other structure which obstructs,
prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should
Grantee deem it necessary to an disassemble, remove, take down, or clearaway any such
barricade or other sumaue, Grantee shall, as soon as is masomahly feasible, replace or
restore Gramor's property to as similar a candid= as is reasonably practicable n waited
immediately prior to Grantee's action pursuant to this Provision, unless said barricade or
orb" mnctme is inconvaenr with rights conveyed to Granteeberem;
(b) the right of coushimmo, maintaining and using such mads on and across the property as
Grantee may deem necessary, in the Mercise ofthe right of ingress ad egress;
(c) the right in mark the location of the easement by suitable markers; provided that such
markers shall be placed in location which will our interfere with any reasonable use
Grantor sball rake of the easement;
(d) the right m grade the easement for the full width thereof and to extend the cuts and fills
for such Wading into and on the Ind in the easement to such extant as Grantee may find
reasonably accessary;
(e) the right from time to time to tion, cat down and clear away any race and brush now or
hangar on the eaument and to nim, ant down and ckar away any trees on either aide of
the easammt which now or bereaRer in the opinion of Grantee may be a hazard to the
00100119%
pipeline, valves, appliances or fittings, by season of the danger of falling or root
infiltration, orwhich may otbawia s interface with exemtac ofGramese's ngbts bereonder,
provided, however, Grantee will provide written notice to Grantor prior to removal of
trees outside of the casement, and pmvtded that all trees which Grantee m hereby
authorized to cut and remove, if valuable for timber or firewood, shall continue to be the
property of Grantur, but all brash and refuse wood shall be removed by Grs am
(f) the right to install, maintain and use gates in all franca which now cross or shad hereafter
crow the easement; and
(g) the right w support the pipelines across ravines and watercourses with such structures as
Grantee shad deem necessary.
Grantee hereby covenants and agrees:
(a) Grantee shad not fence the easement;
(b) Grantee shall promptly backfill any trencb made by it on the easement and repair any
damage it shall do to Grantor's private mads or lanes on the lands;
(c) Grantee shed indemnify Gomm against any loss and damage which shad be caused by
the exercise of the rights of ingress and egress or by my wrongful m negligent act or
omission of Grantee's agents or employees in the course of their employment.
Grantor also rename, reserves, and shad costume, to enjoy the surface of such essemem for any
and all purposes which do not interfere with and prevent the use by Gsanree of the easement, including
the right to build and ase the surface of the easement for private straits, mads, driveways, ade:ya, walks,
gazdaas, fawns, parking areas and other Was, uses, provided (nautor shad not erect or construct on the
assonant any building or other structure such as a patio, swimming pool, sport court, storage shed,
accessory building. barbeque pit or similar structure, or dnit or operate my wed, or constmct my
reservoir or other obstruction an the easement, or diminish m substantially add m the ground cover over
thepipedas. Grantee shad not be responsible or dablefor the removal, repair or damage to any ptopeny,
structure, brdldm& m other use inconsistent with the rights conveyed to Greaten by the easement
provided, however, before constructing any nonan erfermg improvements listed in this paragraph, at least
tan (10) days' written notice shall be provided to Grantee of the general pima of the improvement to be
constructed um the easemrns, and Grantor muss fast obtain the consent and approval from Graarec of the
construction and location ofany improvements witbin the easement.
It is understood and agreed that my and all equipment and facilities placed upon said property by
Grantee shad remain the property of Grantee.
Graotorbereby dedicates the easement as a public utility wastewataliae easement
TO HAVE AND 70 HOLD the rights and interests desra'bed unto Grams and its successors and
assigns forever, and Grantor does hereby bind himseMerself, and than successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any pm thereof.
W TNeS WHEREOF, Oweaor bas caused this iestrament to be executed this ze day of
— 2006 _—
IN:"Y EO':.'A
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ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF WELLEAMSON
This instrument was acknowledged btfine me on Ibis the� 9 dry of J–V y
2006, by CFMSM MADSEN, kvowu by me to be the person whose name 0 subscribed to the foregoing
instrument, and acknowledged to use that he the sunt for the purposes and consideration therein
axpressed.
LERCIA RODRIGUF2
Notary PuWk. Sate d Tewa
My Commo 41U res Hoary Fablic, State of Texas
F
A9d
STATE OF TEXAS §
COUNTY OF W1I31AMSON
This instrument weer acknowledged before me on this the 06 day of'.-�L C6/
2006, by SOYCE MADSEN, mown by rue to be the person wbme name is sabsonlusl to the foregoing
insmmmt, and acknowledged m me that she "eftedthe same for the purposes and consideration
therein.xPrmsed. k _ A
Notary ftbliq State ofTexds 1
LETICIA RODRIGUEZ
• f
Nod,y Pabga. Spop of news
Ary Ct ssion Expiraa
Apr1107, 2010
After reeosdhy{ &m return to:
Sheets & C. Sefield, P.C.
309 East Maio S4eG
Round Rock Texas 78664
j oouenr
0.984 Ave
A PARCEL OF LAND IN WILLIAMSON COUNTY, TOM, BEING A PART OF THE ROBERT
McNU T SURVEY, ABSTRACT No. 422 AND BEING A PART OF THAT 181.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE JOYCE MADSEN BY DEED
RECORDED IN VOLUME 454, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a W Iron red with RJ Surveying cap set W the Southoest Comer of that 6.00
acre tract of land conveyed to Russell Madsen by dead recorded in Volume 805, Page 338 of
Ne Deed Records of Williamson Cowty, Texas;
THENCE S.89039'OB'E, along Ne South Line of the said 5.00 Ave Tract, a distance of 31131
feet to the Point of Beginning:
THENCE continue S.89'39'08`E along said South Lero, a distance of 30.00 feet to a%' hon
rod found at the Soueraest Comer of the said 5.00 Acre Tract In the East Lbm of On said
161.11 Arse Tract and in Ore West Line of that 4.453 acre tract of land conveyed to Charles R.
Stewart and WOe, Linda K Stewart, by deed recorded in Document No. 2003123545 of the
Official Public Recdds of Williamson County, Texas;
THENCE S.00'06'57'W., along the East the of the sold 161.11 Ape Tract at a distance of
29.10 feet pass Z%* iron rod found at the Scuthwest Comer of the 4.453 Acre Tract the senm
being One Northwest Corner of mat 1.636 ape bad of lend conveyed to Jamas E. Photons and
wife, Nicole S. Pialtola, by dead recorded In Document No. 2000003961 of Ore Official Public
Records of WMainsoo County, Texas, in all a total distance of 25190 feet to a Y.' hon and
found at an angle point h the East Line of the said 161,11 Ave Tract, One same being the
SouOrxeat Corner of me said 1.636 Arse Trap;
THENCE S.89'O6'5f'E., along the South Line of the said 1.536 Ann Traci and along a line
epamon with me said 161.11 Ape Tract, a distance of240.56 feet from which point a Y.' iron
rod found in the Sough Line of me 1.836 Ape Tract Dears S.89'06'S7"E., 63.94 feed
THENCE crossing the said 161.11 Acre Trap the hollowing two courses
1. S.08.60'00'E. a distance of 224.66 fa k
2 S.2rOD23'E a distance of 372.80 feet to the East Line of me said 161.11 Acre Tract and to
the West Use of Nat 15.19 acre tract &land convoyed to Ken Burge by dead recorded in
Document No. 9618889 of the Official Public Records of Wftmson Courcy, Twor,
THENCE S.01'192M., along the East L'ne of Me 161.11 Ape Tract and the West Ur a of the
15.19 Ape Tract a distance of 337.81 fact b a W Iron mtl set at Ne NDMasat Comer of mat
3211 ape tract of land conveyed to Kenneth W. Burge by dead recorded in Document No.
9716054 of the Official Public Records of Wulismson County, Texas;
THENCE N.88'48'05ML, crosshg the said 161.11 Acre Tract and along the North Line of the
said 3211 Acre Tract, a distance W 30.00 feat:
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0.984 Acre
THENCE tacs"fhe said 161.11 Acta Tract llmloRwmT ffva ceases:
1. N.01.192M a dWWw of 330.37 feet
2. N2TOP23'W. a disbnm of 370.66 feet
3. NOWWOO"W. a distance of203.79 feet
4. N.89`WSRH. a distance o1243.95 feet
S. N.00-WS7'E a distaK of 281,62 feat to the self Pomt
of B4mar9.
C"Wrg 0.984 aara, more or less.
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a . sET may Am DATE.' JAN. 11, 2006 SCALE I"= 200'
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clearly legibleforsati6fActl yrecordation.
0.587 Acre
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
McNUTT SURVEY. ABSTRACT No. 422 AND BEING APART OF THAT 161.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE, JOYCE MADSEN BY DEED
RECORDED IN VOLUME 434, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a P has pipe found at the remains of a fence post at the Northwest Caner of
Ow said 161.11 Ave Tract, the same being a comer N the South Line of that 151.52 afro tract
of I" conveyed to Paloma Lake Daveopment, Inc., by deed recorded in Document No.
2D05076981 of the Official Public Records ofINForrlson County, Texas;
THENCE S.89-5WG4"E., song Ne North Lim of the said 161A I Acre Tract and along a South
Line of the said 151.52 Ave Tract a distance of 14.65 feel to the Pont of Beginning;
THENCE cartnue SS9'6WWE. along said North Line a distance, of31.00 feet;
THENCE crossing Bre saW 181 11 Acre Tract the following three courses:
1. SA4'34'20"E. a distance of 42,4.28 feet
2. &43-43'1 1"E. a distance 01`413.45 feet
3. 5.56'E781'E. a dmlanra of 21.13 feet to a poim in the North Line of that 4.86 acre bract of
land canveyed In Ronald R. Madsen and wife, Jamas M. Madsen, by dead recorded In
Volume 745, Page 671 of the Dead Records of WNiamson County. Terns, from %hich POW
a 1" hon rod found for the Northeast Corner of the said 4.86 Acre Tract bean S.8947*57"E.,
167.42 fesM
THENCE N.B9"47'6YW.. alag the sold Nath Linc of ate 4.86 Ace Tact, a distance ct 46.12
feet hint which point a i' lion rod found for the Norarwest Cana of the sold 4.86 Acre Treat
bean N.89'47'5M.., 58.39 feet;
THENCE N43'43'l l"W., at a distance of 170.46 feet pass a W Iron rod found at an angle point
In the Norimavlarly Line o1 thal 4A6 we tract of land WrNeyed to Duval C. Jed, Jr„ and
Geraldine K Jed by deed recorded in Volume 792. Page 319 of the Dead Records of
N581amaon Coady, Teras and at o distance of 217.65 feet pass a 35' iron rod found In said
NadneaNemr Line, In all a MW distance of 408.46 feet
THENCE 104.3820'W. a distance e,1439.88 fast to ths said Point of Beginning.
Con ng 0.587 ave, more or less.
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Slate A Texas
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Austin, Texas 78753
EXHIBIT
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A PARCEL OF LANO IN WILLIAMSON COUNTY, TEXAS. BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422 AND BEING APART OF THAT 161.11 ACRE TRACT
OF LAND CONVEYED TO CHESTER MADSEN AND WIFE, JOYCE MADSEN BY DEED
RECORDED IN VOLUME 434, PAGE 176 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commence at a 1' iron rod found atthe Nodheast Comer of that that 4.66 awe Vact of land
conveyed to Ronald R- Madsen and We. daMge M. Madsen, by deed reooided in Volume 745,
Page 671 of the Deed Records of Williamson County, Teras
THENCE S.00'10'46"W., along the East Line of Ne said 4.86 Acre Tract a distance of 110.17
feel th the Point of Beginning:
THENCE departing said East Line and westing the said 161A I Awe Tract the follovnng No
courses:
1. S.56'7/'31"E a distance of 188.29 feat
2. 3.86'30'52"E. a distame of 536.01 feet
3. 5.01'21'54'W. a distance of 146.35 feet
4. S.88`38'OT'F a dnttanee of 151.49 feat,
S. 5.57'1T10"E. a distance of 144.68 feet to the North Line of Nat 5.00 awe tract of land
convoyed to Rusaee Madsen by deeo recorded in Volume 805, Page 336 of the Deed
Records of Williamson County, Taves
THENCE S.55'40'5M., along said North Line a distance of 32.58 feet
THENCE departing said Nevin, Line and crossing the said 161.11 Awe Ted the following five
courses:
I. N.57'iT1D"W. a distance of 123.54 teat
2. N.88'38'06*W. s dsrence of 173.08 feet
3. N.01'21'WF a distance of 147 44 feet
4. NB6.3V52'W. a distance of 515.15 feet,
5. NS6'2T31'W. a distance of 154.60 feet to the East line of Ne said 4.86 Awe Tract from
which point a W con rod found at the SouMeavt Comer of the 4.86 Awe Tract bears
S.D090',VI`W.. 592.31 feet
THENCE M00'1 U46"E, along said East Line, a distance of 35.92 feet to the said Point of
Beginning.
CoohHing 0.778 arse, rtKKe or less. -
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Registered Professional Land Surveyor No. 5741
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2806965363
06/03/2006 03:03 PM
PNOLTZ 660.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS