Loading...
CM-2020-208 - 8/14/2020PENDING SIGNATURE FROM OTHER PARTY INGRESS AND EGRESS ACCESS AND WATERLINE EASEMENT AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS THAT: COUNTY OF WILLIAMSON For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, and to finalize the provisions of the Real Estate Contract between the parties hereto, the undersigned do hereby agree as follows: Grant of Easement: FAITH CULTURE CHURCH, INC., ("Grantor") hereby GRANTS, BARGAINS, SELLS and CONVEYS to the CITY OF ROUND ROCK, TEXAS ("Grantee"), and its successors, assigns, lenders, and other in privity with them, a non-exclusive access easement for pedestrian and vehicular ingress and egress and waterlines over and across a portion of Lot 10, Heritage Center, a subdivision in the City of Round Rock, Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slide 294, Plat Records of Williamson County, Texas ("Grantor's Land"), in the following locations and Property (the "Easement"): (a) that certain twenty-five (25) foot wide portion of Lot 10, Heritage Center, as described in further detail by metes and bounds in Exhibit "A" hereto; and (b) a strip of land limited to fifteen (15) feet in width, the center of which shall be the location of the 1 1/2" water service line currently installed as of the time of this grant, upon any portion of Lot 10, Heritage Center, and which is outside of the property described in Exhibit "A". 2. This Grant of Easement is made under the following terms and conditions: (a) Purpose. The purpose of the Easement shall be for uninterrupted ingress, egress and access and waterline distribution and service, over and across the Easement, including use of the existing paved driveway facility on Grantor's Land, and the construction, installation, operation, maintenance, repair, relocation and removal of waterlines, roadways, driveways, entranceways and related improvements to service or otherwise benefit that certain 3.469 acre portion of Lot 10, Heritage Center, which was conveyed to the City of Round Rock in Document No. , Official Records of Williamson County, Texas, Texas (hereinafter referred to as "Grantee's Land"), which land has been sold to Grantee. Grantee shall have the right, but not the obligation, to make any improvements to the existing access drive. (b) Use of Easement. This Easement shall inure to the benefit of Grantee's Land, together with their invitees, licensees, mortgagees and tenants, and members of the general public using any park or other public use facilities on the 00451322.DOCX e,j", 2C2o -2_C),Y' Grantee's Land (but only so long as they remain the invitees, licensees, mortgagees and tenants of such owner or owners with respect to Grantee's Land). Without limiting the generality of the foregoing, the Easement granted herein shall and does hereby create in Grantee and all future owner or owners or tenants of Grantee's Land or any portion thereof, their respective heirs, legal representatives, successors, assigns, invitees, licensees, mortgagees and tenants, the free and uninterrupted use, liberty, privilege, enjoyment and easement at any time of passing across, upon and over the Easement property for the purposes specified above. Grantee and its tenants, invitees and assigns shall have the right to pave, improve, maintain and otherwise enjoy such Easement. (c) Maintenance and Repair. The parties agree that the owners of Grantee's Land shall cause any paved access facilities located within the Easement to be maintained in a safe and useable condition, or to the standard as otherwise required by any applicable governing agency or body regulating the property where the Easement is located, for the purposes identified herein. The cost and expense of constructing, repairing and/or maintaining any authorized access improvements within the Easement shall be the sole responsibility of Grantee, and any decision as to the timing and extent of maintenance, construction or repair shall be at the sole discretion of Grantee. (d) Compliance with Governmental Regulations. It is intended that the scope of this Easement shall be sufficient to enable Grantee to comply with all requirements of any applicable city or other governing body which either regulates or is otherwise involved with the intended use, and shall be construed to grant unto Grantee such additional rights and privileges as may be necessary to comply with such requirements. 3. BindingEffect. ffect. The grants and the obligations, benefits and burdens of the parties hereto shall be covenants running with the land and shall apply to, be binding upon and inure to the benefit of all present and future owners and mortgagees (and other parties identified herein for whose benefit the same are intended), and their respective heirs, legal representatives, successors and assigns. 4. Amendment or Modification. This Agreement may be amended or modified only by an instrument in writing executed by the then record owners of Grantor's Land and Grantee's Land, with the joinder of all mortgagees with respect to Grantor's Land, or any part or parts thereof, to evidence the consent of such mortgagees to such amendment or modification. EXECUTED this day of , 2020. [signature pages follow] GRANTOR: FAITH CULTURE CHURCH, INC., a Texas non-profit corporation Name: Its: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2020, by , in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas GRANTEE: CITY OF ROUND ROCK, TEXAS By: Name: / Its: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instru ` ent w s acknowledged before me on the day of4citration 020, by 1� andin the capacity and for the purposes a recitL herein. ���111111U���ll���� �pN1QUE ADq�s •;o,�PRY pva� Notary Publi , tate of Texas EXHIBIT "A" METES AND BOUNDS DESCRIPTION FOR A 0.361 ACRE (15,705 SQUARE FEET) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF LOT 10, HERITAGE CENTER, RECORDED IN CABINET F, SLIDES 294-295 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.361 ACRE TRACT OF LAND BEING SURVEYED OF THE GROUND BY DIAMOND SURVEYING DURING THE MONTH OF JUNE, 2020 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 112" iron rod found monumenting the most northerly northwest corner of said Lot 10 and the northeast corner of Lot 9A, Replat of Lot 9 Heritage Center Subdivision, recorded in Cabinet GG, Slides 27-28 of the Plat Records of Williamson County, Texas, same being on the south right-of-way line of E. Palm Valley Boulevard (US 79) a 120' wide right-of-way at this point, from which a 1/2" iron rod found monumenting the northeast corner of Lot 9C (a called .004 acre right-of-way dedication) of said Replat of Lot 9 Heritage Center Subdivision, same being on said south right-of-way line of E. Palm Valley Boulevard and the north boundary line of said Lot 9A, bears N 83018'49" W for a distance of 205.78 feet; THENCE, S 83°56'05" E with the north boundary line of said Lot 10 and said south right- of-way line of E. Palm Valley Boulevard for a distance of 81.57 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof; THENCE, S 83°56'05" E continuing with the north boundary line of said Lot 10 and said south right-of-way line of E. Palm Valley Boulevard for a distance of 25.02 feet to a calculated point for the northeast corner hereof, from which an iron rod found with cap marked "Forest" monumenting the northeast corner of said Lot 10 and the northwest corner of Lot 1, V-Rabb Subdivision, recorded in Cabinet L, Slide 210 of the Plat Records of Williamson County, Texas, same being on said south right-of-way line of E. Palm Valley Boulevard, bears S 83056'05" E for a distance of 67.44 feet; THENCE, through the interior of said Lot 10, the following fifteen (15) courses and distances: 1. S 03°59'51" W for a distance of 5.20 feet to a calculated point for the beginning of a curve to the left; 2. With said curve to the left an are length of 54.77 feet, said curve having a radius of 62.50 feet, a delta angle of 50°12'33" and a chord which bears S 21°06'26" E for a distance of 53.03 feet to a calculated point on the end of this curve; 3. S 46'12'43" E for a distance of 30.88 feet to a calculated point for the beginning of a curve to the right; 4. With said curve to the right an arc length of 65.19 feet, said curve having a radius of 84.50 feet, a delta angle of 44°12'13" and a chord which bears S 24°06'36' E for a distance of 63.59 feet to a calculated point for the end of this curve; 5. S 02000'30" E for a distance of 350.38 feet to a calculated point for the beginning of a curve to the right; 6. With said curve to the right an arc length of 99.34 feet, said curve having a radius of 122.50 feet, a delta angle of 46027'53" and a chord which bears S 21°13'27" W for a distance of 96.64 feet to a calculated point for the end of this curve; 7. S 44°27'24" W for a distance of 25.23 feet to a calculated point for the southeast corner hereof; 8. N 69°46'05" W for a distance of 27.41 feet to a calculated point for the southwest corner hereof, from which a 1/2" iron rod found monumenting the southeast corner of said Lot 9A, the most easterly northeast corner of Lot 9B of said Replat of Lot 9 Heritage Center Subdivision and an interior ell corner of said Lot 10, bears N 69046'05" W for a distance of 92.66 feet; 9. N 44°27'24" E for a distance of 36.48 feet to a calculated point for the beginning of a curve to the left; 10. With said curve to the left an arc length of 79.07 feet, said curve having a radius of 97.50 feet, a delta angle of 46027'53" and a chord which bears N 21°13'27" E for a distance of 76.92 feet to a calculated point for the end of this curve; 11. N 02000'30" W for a distance of 350.38 feet to a calculated point for the beginning of a curve to the left; 12. With said curve to the left an arc length of 45.90 feet, said curve having a radius of 59.50 feet, a delta angle of 44'12'13" and a chord which bears N 24006'36" W for a distance of 44.77 feet to a calculated point for the end of this curve; 13. N 46012'43" W for a distance of 30.88 feet to a calculated point for the beginning of a curve to the right; 14. With said curve to the right an arc length of 76.68 feet, said curve having a radius of 87.50 feet, a delta angle of 50°12'33" and a chord which bears N 21°06'26" W for a distance of 74.25 feet to a calculated point for the end of this curve; 15. N 03059'51" E for a distance of 6.10 feet to the POINT OF BEGINNING and containing 0.361 acre of land more or less. Bearing Basis: NAD-83, Texas Central Zone (4203) State Plane System. Distances shown hereon are surface distances based on a combined surface adjustment factor or 1.00011. A drawing has been prepared to accompany this metes and bounds description. <iIDIAMOND 8 UR VE YING, -INC 116SKYLINEROAD, GEORGETOWIV, T.Y78628 C52 .• TF(512) 931-3100E RF +qT.B.P.L.S. FIRUNEWBER 1DDD6900° J............HAFERJuly 20, 2020 1 p..'°`' 'y0SHANE SHAFER, R.P.L.S. NO. 5281 DATE N F:\Data-DSI\WAELTZ & PRETE\PALM VALLEY FAITH CULTURE CHURCH\IIERITAGE CENTER ACCESS ESMT m&b.doc DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 0.361 ACRE (15,705 SQ. FT.) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF LOT 10, HERITAGE CENTER, RECORDED IN CABINET F, SLIDES 294-295 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. PROPERTY ADDRESS: 655 PALM VALLEY BLVD E, ROUND ROCK, TX78664 1/2- P.O.B. — N8 '13 8'49"W 1/2" L1�l 205.78' LOT 9C — J 0.004 AC. A RIGHT—OF—WAY P.O.C. �' DEDICATION ASPHALT I CAB. GG, PORTION OF� SLDS. 27-28 DRIVEWAY P.R.W.C.T. I P I LOT 9A REPLAT OF LOT 9 HERITAGE CENTER \ SUBDIVISION CAB. GG, SLDS. 27-28 � 1 B it I I T D T� \ LOT 9B L E PALM VALLEY BLVD. (120, RIGHT_OF_WAY (US 79) _ L10 WIDTH) CONCRETE /�cS PORTION OF DRIVEWAY LOT 10 HERITAGE CENTER CAB. F, SLDS. 294-295 Z 0 N 0 0 SCALE: 1 100' 20'P I,UE. CAB L w/CAP i _ SLD_21� I(FOREST) "-I V-RABB ISUBDIVISION \�\ FriI CAB. L,I SLD. 210 \ LOT 1 I LOT 2 D \ ml 6 I !15 P �cAB;,� 0 w v' o GEORGE JOHNS POST NO. 447, o I w CAAMERICAN LEGION, DEPARTMENT OF � 0D TEXAS, OF ROUND ROCK, WILLIAMSON 25' COUNTY, STATE OF TEXAS REMNANT PORTION OF CALLED 4.52 ACRES SUB, JE,CT I VOL 423, PG. 614 TRACT 0.361 AC. ASPHALT --- PORTION OF DRIVEWAY V, LEGEND • IRON ROD FOUND 0 CALCULATED POINT QA EASEMENT TEXT SEE EASEMENT LEGEND SHEET 2 OF 2 k\` EDGE OF ASPHALT P.U.E. PUBLIC UTILITY EASEMENT P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LOT 10 l G � SHEET 1 OF 2 ALM VALLEY F ACCESS ESMT.dwg DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 0.361 ACRE (15,705 SQ. FT.) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF LOT 10, HERITAGE CENTER, RECORDED IN CABINET F, SLIDES 294-295 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. PROPERTYADDRESS: 655 PALM VALLEY BLVD E, ROUND ROCK, TX78664 EASEMENT LEGEND OA 20' P.U.E. OF LOWER COLORADO CAB. F, SLD. 249 RIVER AUTHORITY CAB. N, SLID. 136 TUNNEL WASTEWATER EASEMENT AND © LOWER COLORADO CALLED 0.09 AC. RIVER AUTHORITY DOC. NO. 2002028183 ACCESS EASEMENT CALLED 0.41 AC. (EXHIBIT C) DOC. NO. 2002019506 O STATE OF TEXAS © CITY OF ROUND ROCK DRAINAGEPARCEL 1EMENT 15' WIDE P.U.E. VOL. 1741, PG. 357 VOL. 936, PG. 743 VOL. 2706, PG. 48 OD LOWER COLORADO RIVER AUTHORITY O CITY OF ROUND ROCK WASTEWATER LINE EASEMENT 10' UTILITY EASEMENT CALLED 0.05 AC. (EXHIBIT A) VOL. 546, PG. 453 DOC. NO. 2002019506 OE LOWER COLORADO © LIMITS OF 100 YEAR RIVER AUTHORITY FLOOD PLAIN, D.E & P.U.E. TUNNEL WASTEWATER EASEMENT CAB. F, SLID. 294 & AND RIGHT—OF—WAY CAB. GG, SLD.27 CALLED 0.20 AC. DOC. NO. 2002019507 CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH Cl 62.50' 54.77' 50'12'33" S21'06'26"E 53.03' C2 84.50' 65.19' 44*12'13" S24'06'36"E 63.59' C3 122.50' 99.34' 46'27'53" S21'13'27"W 96.64' C4 97.50' 79.07' 46'27'53" N21 *13'27"E 76.92' C5 59.50' 45.90' 44*12'13" N24'06'36"W 44.77' C6 87.50' 76.68' 50'12'33" N21'06'26"W 74.25' NDTES+ 1) BEARING BASISi NAD-83, TEXAS CENTRAL ZONE (4203) STATE PLANE SYSTEM, THE DISTANCES SHOWN HEREON ARE SURFACE DISTANCES BASED DN A COMBINED SURFACE ADJUSTMENT FACTDR DF 1,00011, 2) ALL DDCUMENTS LISTED HEREDN ARE RECORDED IN THE DFFICE DF THE CDUNTY CLERK DF WILLIAMSDN CDUNTY, TEXAS, 3) THIS SURVEY WAS MADE WITHDUT THE BENEFIT OF A TITLE COMMITMENT DR POLICY, THERE MAY BE EASEMENTS AND/DR RESTRICTIDNS NOT SHOWN HEREDN WHICH MAY AFFECT THE SUBJECT TRACT. --------- ----- SHANE SHAFER, R.P,L,S. NO, 5281 JUL Y 20, B020 -------------- DATE LINE TABLE LINE BEARING DISTANCE L1 S83'56'05"E 81.57' L2 S8356'05"E 25.02' L3 S03'59'51 "W 5.20' L4 S46'12'43"E 30.88' L5 I S44'27'24"W 25.23' L6 N69'46'05"W 27.41' L7 N44'27'24"E 36.48' L8 N46'12'43"W 30.88' L9 NO3'59'51"E 6.10, L10 S83'56'05"E 67.44' L11 N69'46'05"W 92.66' SHEET 2 OF 2 EGRESS CENTER ACCESS ESMT.dwg 00Cd ►-a � to 'Y O Cd O C -Ig O ~ O U � U cd 01 � N map R344 39 � O • O .• :--� y 00 O cd O 4—+ N O �, OD O O c� 1-4 CIN Q. w m L p �2 N 4, N C M Q) N U - O M c I �L (U N O City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Ingress and Egress Access and Waterline Easement Agreement in connection with requirements for closing a contract with Faith Culture Church, Inc. for the purchase of property to be used with the Heritage Trail East development project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/14/2020 Dept Director: Rick Atkins, PARD Director Cost: Indexes: Attachments: LAF-00452092.PDF, Agrmt-00451323.PDF, Executed Contract-00450379.PDF, Aerial Map-00448223.PDF Department: Parks and Recreation Department Text of Legislative File CM-2020-208 The purchase contract for this property was previously approved and executed by the Mayor on 7.9.20 (item R-2020-0179). The contract provided that the parties would execute and deliver an Ingress and Egress Access and Waterline Easement Agreement as part of the closing of the transaction. City of Round Rock Page 1 Printed on 811312020