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CM-2019-0006 - 1/11/2019
1S/ kK39q �5�e _ KFO/JB Page l of Parcel ELECTRONICALLY RECORDED 2019007246 Williamson County, Texas Total Pages: 5 TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That FRED R. ANDERS and WH MA J. ANDERS, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE'S does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and #cmporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to -be located within adjacent casements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more. fully described in Exhibit "A' attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: As part of the construction of the proposed waste water facility Project, Grantee shall cause a waste water service stub out connection with plug to be installed in the manhole located at Sta. 14+86.15 of the Project. Following completion of work within the temporary construction workspace easement area described in Exhibit "A', if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, GRANTEE shall indemnify 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 employees in the course of their employment. This Easement and )license shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A' for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary construction workspace easement areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. o a8722..�DOCX Page 1 of 3 Parcel TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That FRED R. ANDERS and WILMA J. ANDERS, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: As part of the construction of the proposed waste water facility Project, Grantee shall cause a waste water service stub out connection with plug to be installed in the manhole located at Sta. 14+86.15 of the Project. Following completion of work within the temporary construction workspace easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, GRANTEE shall indemnify 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 employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and ail interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary construction workspace easement areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. ooa.. na7z.aocx Page 2 of 3 GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of $250 for each additional extension period used. IN WITNESS WHEREOF, the parties hereto have executed this instrument this ,4 day of anuq201 . GRANTOR: -re R. Anders M�� Wilma J. Ande(j Acknowledgement State of Texas County of This instrument was acknowledged before me on-,rd&�r ,. - by Fred R. Anders and Wilma J. Anders, in the capacity arO for the purposes and consideration recited herein. _ JULIABECHARA My Notary ID # 7711050 f ;;� . t�+4`• Expires June 7, 2022 J pF Notar blic St to of Texas Page 3 of 3 AGREED: CITY OF ROUND ROCK, TEXAS BY: — a ey, .ity anager 6rb(_)4�s 654. Acknowiedizemeni State of Texas County of Williamson This instrument was acknowledged before me on Z l by the City of Round Rockaexas, in the capacity and for the purposes and consideration recited herei . After recording return to: \,,�M"\Ul AD J�lJ/jJ% KIN otary Public—Stqy of Texas ca 1262 f 0 25 50 1" 50, ----tI --L Rio g 2, w i of 1) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARING. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT, THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERMS199. M. JHENYTRUESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591--00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 I N L A N D u GEODETICS a PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. 512) 238-1200, M IMI 238-1251 r,uu,mcrcernuun mncm-nn . 12 I I THE FELLOWSHIP { I ` I `O I I AT (5 FOR32 AC. TRACT 5 I I 1 a I I I DOC, NO. 2005011271 I I I O.P.R.W.C.T. I l L—--- --------- I 1 Ja 7'5.814E— — N87'58'14�E 324`�.15'— — �- ,� -- -- .00 - _ I�(N89'39'50"W 344.1T) ►0_ 1 (EAST 688.25') 1 I HOWARD LEE I PARHAM III AND JANIS NEWBY PARHAM 14 1 (5.339 AC.) h M PROPOSED VOL. 2522, PG. 647 30' T.C.E. 0.113 AC. O.R.W.C.T. co`� I 4,903 SQ. FT. TRACT 11 WESTVIEW SUBDIVISION 18 I (UNRECORDED) 1 I FRED R. ANDERS and Wife, j I WILMA J. ANDERS _ (5.53 AC,) S8 20 o?..W I VOL. D R9W.0 TGE 15 I —. -- — • - _j LEGEND w 17 N 3 00 0 co a z • 1 /2" IRON ROD FOUND U IRON ROD WITH CAP FOUND A CALCULATED POINT R PROPERTY LINE O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE ( RECORD INFORMATION DISTANCE BREAK i 0 z .. F P+.•o�Sr�ti•�'� 1 M. STrpil N TRUESDALE 4033 ANDERS EASEMENT 0.052 ACRES 2,269 SQUARE FEET ---lR7' — — MARCO A. LEAL & SANDRA G. LEAL TRACT 12 (5,53 AC.) DOC. NO. 2016122585 O.P.R.W.C.T. 08---27--2018 PAGE 2 OF 2 E-gTneCrin9x0A7TIS 'V.H00i ROAD VIVJL\PARCF'S\FARCE-,—ANDERS\AVD.'RS—REV.dr,g r 2010007248 Page 5 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019007246 Pages:5 Fee: $33.00 01 /30/2019 08:56 AM �'�Mw)F, Nancy E. Rister,County Clerk Williamson County,Texas REAL ESTATE CONTRACT Gattis School Road Waste Water Project THIS REAL ESTATE CONTRACT ("Contract") is made by and between FRED R. ANDERS and WILMA J. ANDERS, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract(s) of land described as follows: Waste Water Easement interest in and to all of that certain 0.052 acre (2,269 square foot) tract of land out of and situated in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; and Temporary construction workspace easement interest in and across all of that certain 0.113 acre (4,903 square foot) tract of land out of and situated in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully described on the plat to accompany parcel description in Exhibit "A", attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), and any improvements and fixtures situated on and attached to the Property described in Exhibit "A" not otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property, compensation for any improvements on the Property, and for any damage or cost of cure for the reconfiguration of the remaining property of Seller shall be the sum of FOUR THOUSAND THREE HUNDRED THIRTY-THREE and 00/100 Dollars ($4,333.00). 00414876 DOC Jk4,-2C:1e1—()G0:� Additional Compensation and Special Provisions 2.01.1. As Additional Compensation to Seller, and as an obligation which shall survive the Closing of this transaction, Purchaser agrees that as part of the construction of its proposed waste water facility Project there shall be constructed a waste water line service stub out connection with plug, to be located in the manhole at Station 14+86.15 of the proposed project. Seller acknowledges and agrees that in order to receive waste water service to its remaining property that Seller shall be responsible for any required application into the City of Round Rock, and for any costs associated with connection, inspection and impact fees required to tie in to the service stub out as may be required by applicable provisions of the City's Code of Ordinances. Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; 2 (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Independence Title Company on or before January 31, 2019, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Waste Water Easement, conveying such interest in the property described in Exhibit "A", free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Temporary Construction Workspace Easement in and across the Property as shown on the Plat to accompany parcel description in Exhibit "A", free and clear of all liens and restrictions, (3) The Deed shall be in the form as shown in Exhibit "B" attached hereto. The Temporary Construction Workspace Easement shall be in the form as shown in Exhibit "C" attached hereto. (4) Assist Purchaser with any reasonable requirements necessary to deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BY SELLER 4 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 1� 8.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 6 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. SELLER: signature: Fr Randers (Dec 24, 2018j Email: fred@rrproductions.com Fred R. Anders Date:12242018 SELLER: Signature: Q Wilma Anders (Dec 24, 2018) Email: wilma@rrproductions.com Wilma J. Anders Date: 7 Address:3 Westview Drive Wilma Anders Address: PURCHASER: CITY OF ROUND ROCK, TEXAS ,& po'�' �' By: Address: 221 East Main St. e Round Rock, Texas 78664 Date: County; Williamson Parcel : Anders Easement Project: Galtis School Road 08-27-2018 Page 1 of 2 EXHIBIT, PROPERTY DESCRIPTION FOR ANDERS EASEMENT DESCRIPTION OF A 0.052 ACRE (2,269 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, 1N WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 5.53 ACRE TRACT (BEING TRACT 11 OF WES'TVIEW SUBDIVISION (UNRECORDED)) OF LAND DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO FRED R, ANDERS AND WIFE WILMA J. ANDERS RECORDED IN VOLUME; 959, PAGE 15 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAiD 0.052 ACRE (2,269 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 112' iron rod found In the existing easterly right-of-way (ROW) line of Westvlew Drive (50' ROW width), being the northwesterly Corner of that called 5.53 acre tract of land described in Warranty Dead with Vendor's Lien to Marco A. Leal and Sandra G. Leal recorded In Document No. 2010122585 of the Official Public Records of Williamson County, Texas, same being the southwesterly corner of said 5.63 acre Anders tract; THENCE, departing said 5.53 acre Leal tract, with the westerly boundary line of said 5.63 acre Anders tract and the existing easterly ROW line of said Weetplew Drive, N 01158'08" W, for a distance of 236.17 feet to the calculated southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, with said existing ROW line, same being the westerly boundary line of sold 5.53 acre Anders tract, N 01*58106" W. for a distance of 113.42 feet to a 5i8' Iron rod found, being the common corner of said 5.53 acre Anders tract and that celled 5.32 acre tract of land described in a Warranty Dead wilh Vendors Lien to The Fellowship at Forest Creek recorded in Document No. 2005011271 of the Official Public Records of Wlllamson County, Texas, for the northwesterly corner of the herein described tract; 2) THENCE, departing said Weslvlew Drive ROW line, with the common boundary line of sold 5.53 acre Anders tract and said 6,32 acre tract, N 87168114" E, for a distance of 20.00 feet to the calculated northeasterly comer of the herein described tract and from which a 112' iron rod found being the southeasterly corner of said 5.32 acre tract, same being the southwesterly corner of that called 6.330 acre tract of land described In Warranty Dead to Howard Lee Parham III and Janis Newby Parham recorded In Volume 2522. Page 647 of the Official Records of Williamson County, Texas, also being the northerly boundary line of said 5.53 acre Anders tract N 87168114' E. at a distance of 324.15 (eet; THENCE, departing sold 5.32 acre tract, through the Interior of said 5.63 acre Anders tract, the following two (2) courses: 3) S 01068106" E, for a distance of 113.44 feet to the calculated southeasterly comer of the herein described tract; S 88*01162" W. for a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.052 acre (2,269 square feet) of land, more or less. NOTE: This parcel Is accompenled by a 3D' wEde T.C.E. (Temporary Construction Easement) being coincident with, parallel, easterly and southerly, of the above described courses 3-4 as shown on the accompanying sketch. This properly description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203. NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certiry that the above description Is true and correct to the best of my knowledge and bellef and that the properly described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY H AND EAL at Ro William on nly, Texas, .p 945- ZIP, Ao'ck�, �N a M. Stapharf Truesdak Date , •' �n'q Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC /""� )A' 31 101 ifll)ESO • �..' Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 � ti 4933 Round Rock, TX 78661 ti. F s s tiQ •• S:�_DCS Engineertng%GATTIS SCHOOL ROAD WWLIPARCELSiPARCEL-ANDERSIPARCEL ANDERS.doc 0 25 50 1" a 50, 0 x 1�0, in 7 0 w m�-2 I I I THE FELLOWSHIP 3 I i I AT FOREST CREEK Ic~i DOC. (NO. 2005011271 TRACT 5 c9 i i O.P.R.W.C.T. J i w Nd7N87'58'14"E 'S�8'-14"E— - - — -- -- -" — T — s�d+. 20.0(N89'39'50"W 344.17') I (EAST 688.25'} 1) ALA. BEARINGS SHOWN HEREON ARE BASED ON GRID BEARING. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE 2) THIS SURVEY WAS PERFORMED 1NTHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISI '?6r-56.f #1 2,9/00 M. HE TRUESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 I N LA N Du GEODETICS a PAOFESSIONAL LANO SURVEYORS 1 SO4 CHISHOLAI TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH (S12)23t-1200,1`0012)238-12SI I nouocr-Ic-roAMNmn IAnsm_An ■ i HOWARD LEE RHAM AND JANIS NEWBYI P RHAM i (5.339 AC.) M PROPOSED VOL. 2522, PG. 647 30, T.C.E. O.R.W.C.T. 3 `� I 0.113 AC. 4,903 SQ. FT. o is i TRACT 11 op i WESTVIEW SUBDIVISION o N i (UNRECORDED) z � i FRED R. ANDERS and Wife, i WILMA J. ANDERS (5.53 AC.) p S88'01'5�"W VOL. 959. PAGE 15 20.00 i i D.R.W.C.T. ------' LEGEND r N 3 00 0 co Sn 0 z • 1 /2" IRON ROD FOUND O IRON ROD WITH CAP FOUND © CALCULATED POINT R PROPERTY LINE O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE ( ) RECORD INFORMATION DISTANCE BREAK — — -- p -- — -- sT 4033 t� ANDERS EASEMENT 0.052 ACRES 2,269 SQUARE FEET MARCO A. LEAL & SANDRA G. LEAL TRACT 12 (5.53 AC.) DOC. NO. 2016122585 O.P.R.W.C.T. 08-27-2018 PAGE 2 OF 2 K•\ 'X! rnn,irnr'-n\r,AST1S SCH.7101 110A0 WVIL\PARCFIS\PARCEL—ANDERS\AYDffRS—REV-dvro EXHIBIT "B " WASTEWATER EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That FRED R. ANDERS and WILMA J. ANDERS, and their successors and assigns, (hereinafter 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, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does 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 ("Easement Area"): Being a 0.052 acre (2,269 square foot) tract of land out of the Asa Thomas Survey, Abstract No. 609, Williamson County, Texas; said tract being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto and made a part hereof for all purposes. This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to the herein above described property 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 it will not convey any other easement or conflicting rights within the Easement 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 Area 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 Drive, Round Rock, Texas 78664. 00414868. DOCx Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's property by means of roads and lanes thereon, if such exist, 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 to any portion of Grantor's property isolated from the easement 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 Grantor's 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 Area by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the Easement Area; (d) the right to grade the Easement Area for the full width thereof and to extend the cuts and fills for such grading into and on the land in the Easement Area to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement Area and to trim and to cut down and clear away any trees on either side of the Easement Area 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 thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the Easement Area, 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 tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement Area; and 2. I� l� (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 Area; (b) Grantee shall promptly backf Il any trench made by it on the Easement Area and repair any damage it shall do to Grantor's private roads or lanes on the lands. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area, 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 Area 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 Area, 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 this conveyance. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (1 a) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Easement Area, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easement Area. 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 itself, and its 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 part thereof; provided however, this Wastewater Easement is subject to all matters of record in the Official Public Records of Williamson County, Texas. (Signature on the following page) E1 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 201_ GRANTOR: Fred R. Anders Wilma J. Anders ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument .was acknowledged before me on this the day of the month of. _. , 201_ by Fred R. Anders and Wilma J. Anders, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. Signature Printed Name Notary Public, State of Texas 4. Page I of 3 Parcel EXHIBIT "C" TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That FRED R. ANDERS and WILMA J. ANDERS, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: As part of the construction of the proposed waste water facility Project, Grantee shall cause a waste water service stub out connection with plug to be installed in the manhole located at Sta. 14+86.15 of the Project. Following completion of work within the temporary construction workspace easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. To the extent allowed by law, GRANTEF. shall indemnify 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 employees in the course of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. Grantee shall only remove any hardwood trees larger than b (six) inches in diameter from the temporary construction workspace easement areas if approved and determined by the City Engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. -:1C414872.D0CX Page 2 of 3 GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of $250 for each additional extension period used. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 201_ GRANTOR: Fred R. Anders Wilma J. Anders Acknowledeement State of Texas County of This instrument was acknowledged before me on I by Fred R. Anders and Wilma J. Anders, in the capacity and for the purposes and consideration recited herein. Notary Public —State of Texas Page 3 of 3 AGREED: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, City Manager Acknowledgemeint State of Texas County of Williamson This instrument was acknowledged before me on Laurie Hadley, City Manager for the City of Round Rock, and consideration recited herein. After recording return to: .. . by Texas, in the capacity and for the purposes Notary Public. --State of Texas Gattis School Rd. WWE Contract Final Audit Report 2018-12-25 Created: 2018-12-20 By: Lisa Dworaczyk (iisad@scrriaw.com) Status: Signed Transaction ID: CBJCHBCAABAAnNapoStZximd1U16czgTvTiZk8x9soBe "Gattis School Rd. WWE Contract" History Document created by Lisa Dworaczyk (lisad@scrrlaw.com) 2018-12-20 - 7:42:14 PM GMT- IP address: 67.79.201.226 C'+ Document emailed to Fred R Anders (fred@rrproductions.com) for signature 2018A 2-20 - 7:42:32 PM GMT Document viewed by Fred R Anders (fred@rrproductions.com) 2018-12-20 - 9:45:20 PM GMT- IP address: 24.27.62.230 d© Document e-signed by Fred R Anders (fred@rrproductions.com) Signature Date: 2018-12-25 - 0:48:44 AM GMT -Time Source: server- IP address: 24.27.62.230 C'+ Document emailed to Wilma Anders (wilma@rrproductions.com) for signature 2018-12-25 - 0:48:45 AM GMT in Document viewed by Wilma Anders (wilma@rrproductions.com) 2018-12-25 - 0:59:01 AM GMT- IP address: 24.27.62.230 6© Document e-signed by Wilma Anders (wilma@rrproductions.com) Signature Date: 2018-12-25 - 1:00:37 AM GMT - Time Source: server- IP address: 24,27.62.230 Q Signed document emailed to Fred R Anders (fred@rrproductions.com), Lisa Dworaczyk (lisad@scrrlaw.com) and Wilma Anders (wilma@rrproductions.com) 2018-12-25 - 1:00:37 AM GMT Adobe Sign City of Round Rock f RouASUROCK Agenda Item Summary Agenda Number: Title: Consider executing a Real Estate Contract with Fred and Wilma Anders to purchase a 0.052 acre permanent wastewater easement, and 0.113 acre temporary construction workspace easement, for the Gattis School Road Wastewater Extension Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/11/2019 Dept Director: Michael Thane Cost: $4,333.00 Indexes: Self -Financed Wastewater Construction Attachments: 00415805.PDF, 00415801.PDF, 00415648.PDF Department: Utilities and Environmental Services Text of Legislative File CM-2019-0006 The contract purchase price of $4,333.00 is equal to the City's appraised value for this easement acquisition. Additionally, the contractual obligation to install a service line stub out at the property was recommended for appoval by the Utility Department. Cost: $4,333.00 Source of Funds: Self -Financed Wastewater Construction City of Round Rock Page 1 Printed on 111012019