CM-2021-103 - 4/16/2021ELECTRONICALLY RECORDED 2021056416
Williamson County, Texas Total Pages: 29
LICENSE AGREEMENT
This License Agreement (the "Agreement") is made this day of 6exaslhoiWe
2021 (the "Effective Date"), by and between the CITY OF ROUND ROCK, rule
municipality (hereinafter "Licensor"), and CITY OF GEORGETOWN, TEXAS, a Texas home
rule (hereinafter "Licensee"). Licensor and Licensee are collectively referred to as the "Parties."
RECITALS
WHEREAS, Licensor is the owner of the real property (hereinafter, the "License Area"),
which is the property described in a Special Warranty Deed, Document No. 2013099146 of the
Official Public Records of Williamson County, Texas, as shown in Exhibit "A," attached hereto
and incorporated herein for all purposes, and in a Waterline Easement, Document No.
2013099148, of the Official Public Records of Williamson County, Texas, as shown in Exhibit
"B," attached hereto and incorporated herein for all purposes; and
WHEREAS, Licensee desires to exercise certain rights and privileges upon property
located within the License Area; and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon property
within the License Area.
NOW, THEREFORE, in consideration of the mutual agreements, conditions and covenants
covenants herein set forth, receipt, adequacy and sufficiency of which are hereby acknowledged, the
Parties hereto agree as follows:
I. License
1.1 Licensor shall grant Licensee a license to construct, install, operate, maintain, inspect,
reconstruct, enlarge, relocate within the License Area, rebuild, repair, and remove a water
distribution system and waterlines, together with all necessary lines, pipes, conduits, valves,
vaults, manholes, ventilators, and other equipment, improvements and appurtenances
thereto ("Improvements") under and across the License Area, subject to all conditions
recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee does not and
shall not claim at any time any interest or estate of any kind in the property located within
the License Area by virtue of this license.
1.3 It is further understood that the Improvements may be located only as depicted on the
attached Exhibit "B," attached hereto and incorporated herein by reference, and that no
further improvements of any kind in Licensor's property shall be allowed, subject to such
2021056416 Page 2 of 29
relocation as described below.
1.4 It is further understood that Licensee must comply with all other requirements of the Code
of Ordinances of the City of Round Rock, Texas.
1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair any
improvement in the License Area, including the payment of any fees of any kind associated
with any improvements.
1.6 It is further understood that Licensee shall promptly make any repairs to the License Area
and shall restore it at its own expense to its existing condition after construction or
maintenance by Licensee. If repairs are not promptly made by Licensee, the Licensor shall
have the right to make the repairs at the expense of the Licensee.
1.7 It is further understood and acknowledged by Licensee that the License Area is intended for
a water pump station, including utility lines, drainage, structures and other facilities
appurtenant thereto, and Licensee accepts this license subject to the following conditions:
(i) Licensee shall, at is sole expense, install and maintain all improvements, and exercise
the rights granted herein, in such a way as to not interfere with Licensor's use of the
property as a utility facility;
(ii) Licensee shall bear sole responsibility for costs associated with relocating the
facilities, or for mitigating, eliminating, or removing any conflicts with Licensee's
improvements caused by Licensor's use of property as a as a utility facility; and
(iii) To the extent allowed by law, Licensee does hereby indemnify and hold harmless
Licensor for any damage to Licensee's improvements caused by use of the property
by Licensor, its heirs, and successors. It is hereby explicitly understood and affirmed
that no such indemnity shall extend to assignees or franchisees of Licensor.
In the event a relocation is required, as described in 1.7(iii) above, Licensor and Licensee
shall cooperate to identify an alternative location within Licensor's property for relocation of
Licensee's improvements; and, to amend the Agreement as necessary.
1.9 It is further understood that Licensor retains, reserves, and shall continue to enjoy the License
Area for any and all purposes which do not interfere with and prevent the use by Licensee of
the License Area.
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration the sufficiency of which is hereby acknowledged.
2021056416 Page 3 of 29
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee and this Agreement is not
assignable. Any assignment in violation of this Agreement will automatically terminate the
license.
IV. Terminable at Will
4.1 Licensor may terminate this agreement at any time, upon 180 days written notice to Licensee
in accordance with Section 8.1 of this Agreement, but no sooner than the termination or
expiration of the Wholesale Water Service Agreement Between The Cities Of Round Rock
And Georgetown, or subsequent agreement (Water Contract). Upon termination Licensor,
may at its election, remove or abandon in place the Improvements.
V. Indemnity
5.1 Licensee shall comply with the requirements of all applicable laws, rules and regulations,
and shall indemnify and hold harmless Licensor, its officers, agents and employees from
and against any and all claims, losses, damages, causes of action, expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person, or for damage to any
property, arising out of or in connection with Licensee's exercise of the license under this
Agreement.
5.2 Licensor shall comply with the requirements of all applicable laws, rules and regulations,
and to the extent allowed by law, shall indemnify and hold harmless Licensee, its officers,
agents and employees from and against any and all claims, losses, damages, causes of action,
expenses of litigation, court costs, and attorney's fees, for injury to or death of any person,
or for damage to any property, arising out of or in connection with Licensor's exercise or
interruption of the license under this Agreement.
VI. Release
6.1 Licensee assumes full responsibility for its exercise of the license, and hereby releases,
relinquishes and discharges Licensor, its officers, agents and employees, from all claims,
demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to, including death, of person (whether they be third persons,
contractor, or employees of either of the parties hereto) and any loss of or damage to
property (whether the same be that either of the parties hereto or of third parties) caused by
or alleged to be caused, arising out of, or in connection with Licensee's exercise of the
license under this Agreement whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
2021056416 Page 4 of 29
6.2 To the extent allowed by law, Licensor hereby releases, relinquishes and discharges
Licensee, its officers, agents and employees, from all claims, demands, and causes of action
of every kind and character, including the cost of defense thereof, for any injury to, including
death, of person (whether they be third persons, contractor, or employees of either of the
parties hereto) and any loss of or damage to property (whether the same be that either of the
parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in
connection with Licensor's granting of the license under this Agreement whether or not
said claims, demands and causes of action in whole or in part are covered by insurance.
VII. Governing Law
7.1 This Agreement shall be construed under and accord with the laws of the State of Texas,
without regard to its conflict of law principles and all obligations of the parties created
hereunder are performable in Williamson County, Texas. Venue for any dispute under this
Agreement shall lie exclusively in the courts of Williamson County, Texas.
VIII. Notice
8.1 Notice shall be mailed to the addresses designated herein or as may be designated in writing
by the parties from time to time and shall be deemed received when sent postage prepaid
U.S. mail to the following addresses:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: CITY OF GEORGETOWN
ATTN: City Manager
808 Martin Luther King Jr. Street
Georgetown,
IX. Attorneys' Fees
9.1 In the event of any dispute and/or legal action arising from an interpretation and/or
performance of any of the provisions of this license, the parties hereby agree that the
prevailing party shall be awarded reasonable attorneys' fees and costs.
X. Limitation of Liability
10.1 Neither party is responsible for any indirect, incidental, special, exemplary, or punitive
damages.
2021056416 Page 5 of 29
XI. Modification
11.1 No change or modification shall be made effective unless in writing and signed by an
authorized representative of each party.
XII. Waiver of Jury Trial
12.1 In the event of any legal proceeding between Licensor and Licensee relating to this
Agreement, neither party may claim the right to a trial by jury, and both parties waive any
right they may have under applicable law or otherwise to a trial by jury.
XIII. Severability
13.1 In the event any provision of this Agreement should be held to be void, voidable or
unenforceable in any respect, the remaining provisions shall remain in full and effect.
XIV. Integration
14.1 This Agreement contains the entire understanding, agreement of compromise and
settlement between the parties with respect to its subject matter, and supersedes all
previous agreements concerning the subject matter.
(Signatures on the following page)
2021056416 Page 6 of 29
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
LICENSEE
The City of Georgetown, Texas
Printed Name: A ✓��/"i�r
Title:
LICENSOR
The City of Round Rock, Texas
Bye'.
Laurie Hadley, City Mana
(Acknowledgments on following pages.)
2021056416 Page 7 of 29
STATE OF TEXAS
COUNTY OF WILLIAMSON
s ins in, was ad nowledged before me on this day of , 2021,
by (Name), as City Manager of the City of Georgetow ,whose name is
subscribed to the pre eding instrument and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this lAiy of 2021,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
���►111NIly+l���j ignat re
�r \4UE AD,4Ai
Y F1j'q'*4.. rinted d ......................
Nay
s
. — ,
Notary Public, State of
ORES 3.711.►�\��
2021056416 Page 8 of 29
Exhibit "A"
Special Warranty Deed
2021056416 Page 9 of 29
Ill�lll�f III III II�IIIIIIIIIVI��I<Illlllilll DEED 2013699146
a PG5
SPECIAL WARRANTY DEED
01 4-7- 131vlai ►fit
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL P C"dl, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFO OM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE P IC ORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE N
WHEREAS, the City of Round Rock, Texas is authorized to c and receive land and
such other property rights deemed necessary or convenien for construction, expansion,
enlargement, extension, improvement, or operation of a p he proposed Arterial H
roadway improvements ("Project"); and,
WHEREAS, the acquisition of the hereinafter-descr' hem` es has been deemed necessary
or convenient for the construction, expansion,pfifar
� ent, extension, improvement, or
operation of the Project;
NOW, THEREFORE, KNOW ALL M BY T E PRESENTS:
That Judith L. Davis, an unmarried a ereinafter referred to as Grantor, whether
one or more, for and in considera of the s of Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in d paid by the City of Round Rock, Texas, receipt and
sufficiency of which is hereby o ged, and for which no lien is retained, either
expressed or implied, have this ay nd by these presents do Grant, Bargain, Sell and
Convey unto the City of ligund xas all that certain tract or parcel of land lying and
being situated in the Count I mson, State of Texas, along with any improvements
thereon, being more partic y ibed as follows:
Tract l
A 1.66 cr 5 uare foot), tract of land situated in the John D. Anderson Survey,
Abstract o. 16, ' illiamson County, Texas, being a portion of the remainder of that called
19.085 a r of and, conveyed to Raymond J. and Judith L. Davis, by instrument recorded
in Vo . 0, of the Deed Records of Williamson County, Texas, said 1.666 acre (72,584
squ oot) ct of land being more particularly described by metes and bounds in Exhibit A,
apc4 and incorporated herein for all purposes
1 ct 2: v
0. 10 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey,
stract No. 16, in Williamson County, Texas, being a portion of the remainder of that called
.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded
00282750.aoc
2021056416 Page 16 of 29
in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 cr (17,854
square foot) tract of land being more particularly described by metes and bounds 'bit B,
attached hereto and incorporated herein for all purposes
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND RR TY:
Easements and rights -of -way of record; all presently recorded restricti vations,
covenants, conditions, oil, gas or other mineral leases, mineral sev a a d other
instruments, other than liens and conveyances, that affect the property; . is adjoining
owners in any walls and fences situated on a common boundary; a achments or
overlapping of improvements.
Grantor reserves all of the oil, gas and other minerals in and under the " Q herelr�tonveyed but waives
all rights of ingress and egress to the surface thereof for the purpose , developing, mining or
drilling or pumping the same; provided, however, that operations f r exp io or recovery of any such
minerals shall be permissible so long as all surface operations in ect therewith are located at a
point outside the acquired parcel and upon the condition that of perations shall be conducted
so near the surface of said Iand as to interfere with the intend use t reof or in any way interfere with,
jeopardize, or endanger the facilities of Grantee, its suc ssigns, or create a hazard to the
public users thereof; it being intended, however, that n n ' t s reservation shall affect the title and
the rights of Grantee to take and use without addition ompe lion any, stone, earth, gravel, caliche,
iron ore, gravel or any other road building ma under said land for the construction and
maintenance of the Project, but shall not be or ex reed from the Property for any other purpose.
TO HAVE AND TO HOLD the premises i� scribed and herein conveyed together with
all and singular the rights and ap tenances reto in any wise belonging unto the City of
Round Rock, Texas and its assigns ver; and Grantor does hereby bind herself, her heirs,
executors, administrators, succesAM assigns to Warrant and Forever Defend all and
singular the said premises herei o nto the City of Round Rock, Texas and its assigns
against every person whom sgev fu claiming or to claim the same or any part thereof by,
through, or under Grantor, but ise.
This deed is being dlive d in 1 e of condemnation.
IN WITNESS W41 instrument is executed on this the 0 day of
2013. ''
2021056416 Page 11 of 29
ACKNOWLEDGMENT
STATE OF _: %d__
COUNTY OF�69
This instrument was acknowledged before me on
2013 by _j-t(d 4- �-: ;,s , in the ca
consideration recited therein. _
PREPARED IN THE OFFICE O
AFTER RECORDI G
T
After recording, 0
Gracy Title
8045 North Shoal
Austin, TX 78757
a
k�.
I
J
_
9
day ofQzjohp,- ,
for the purposes and
My commhoon
2021056416 Page 12 of 29
DAVIS TRACT POPOSED R.O.W. Pop 1 of 3
COUNTY. W+LI AMSON
EXHIBITA
PROPERTY DESCRIPTION
DESCRIPTION OF A 4,660 ACRE (72,584 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D.
ANDERSON SURVEY, ABSTRACT NO. 10. IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TFIE, .
REMAINDER OF THAT CALLED'19,085 ACRE TRACT OF LAND. CONVEYED TO RAYMOND J. AND JUDITH L. - ,'' •:
DAMS, BY INSTRUMENT RECORDED IN VOL. M, PG. 010. OF THE DEED RECORDS OF WILW1MSON ; ..
COUNTY, TEXAS. SAID 1.686 ACRE (72.584 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICx1UMV
DESCRIBED BY MEnS AND BOUNDS AS FOLLOWS: -
BEGINNING FOR REFERENCE at a SW Von and found, In the northerly boundary the of go camas radar of that caged 36.96 arty Wiseman, ract tt)) of land
conveyed to Sue McCann seman, Gladys Galloway. S Joe Edgar McCann by the probate will of Bemlye Borho McCann, and by nshimerd
recorded In volume 737, Pg. 151, of the Dead Records of WAtlamson County, Texas. being the southeast comer of Lot subdMsion of
record, recorded In Cab. C. Slide 251, of the Flat Records of Williamson County, Texas, being the swt vmat comer of re of aid 19.085 acre
tract also being In the proposed rcrthedy 09M-of way Wee of ArlarW'H' (100' right-of4my wtdlhr
THENCE, with the common boundary lino of Ihri remainder of said 36.98 acre tract and no remainder of. sold 19. being said proposed
northerly dghtaMnray Ilse. N N'41'16' E fora distance of 68.40 faetto a iW k m rod with aluminum sap stamped H SOL for the most westerly
comer and the POINT Of BEGINNING of•the herein described tract;
THENCE, departing said common boundary line, with said proposed northerly dghtof-way Me. and through In remainder of said 1g.085 acre
Irea the following hues (3) courses:
1) Along a awe to One tefL haft a radius of 4950.00 feet a central angle of 06.10711", with I f 446.85 feet a chord Which bears.
N 5V56'42" E, a distance of 446.70 feet to a 1W Iron rod with aluminum cap stamped'_ TER It a point of reverse curvakire;
2) Along a curve to the right heft a radius of 1050.00 feat a central angle of 12'20' ngth of 220.24 feet, a chord winch bears,
N 69'30 W iL a distance of 226.I11 feet to a Wr Vert rod With aluminum trap slam TE . set for a point of tangency;
3) N 6110414W E for a distance of 968.13 feat to a Wr Iron rod with aluminum cap roped RIAL W sat, being in the westerly rtghl-okay
Ina of Co" Road 178 (rlo"-way width varies), same being In the eastol d the remainder of said 19.06S acre tract for the
northmsl toner of the herein described;
THENCE, vAlh said existing Westerly dghl4way one, same being sold easterly ry line, following two (2) courses:
4) 9 4845118" E for a distance of 0.31 feet to a 112' Ban rod 'found;
6) 8 SM'03" E fora distance of 102.82 feet to a 112' Iro with plsalle tamped'20M found. being the northeast corner of the remainder of
said 38.98 acre tract, same being the southeast comer cinder q a 10.085 acre Iran for the soulheast comer of the herein described
Vail and from which a 1R' Iron rod found with plastic sap 'B- Ins In the wasimly right-oWeray line of sold County Road 175 same
being the northeast comer of the remainder OF Ihai called 3A d land conveyed to Sus McCann Wiseman. by 1n*ument recorded In
Volume 638, page i)53, of One Deed Records d mson County. , bears S W 23'1 Z' E.at a diataru;e of 30.04 That
tl) THENCE, departing Said dgtg-of-way line, wlpt the boundary line of the remainder of 8810 36.98 sore tract, and the remainder of said
19.065 acre tract S 69'41.16" W for a dlstan ) t to to POINT OF BEGINNING, containing 1.665 scree (7$SM square lest) d
rand, more or lose.
All bearings racked herein are based on the TWIA4101-pww.qSystem. Central Zone No. 4203, NAD $3.
This properly description la socomparted by nj� ' _
That I, Lawrence It Russo, a R feted
knowledge and ballet and that Itfe y
W!T 8 MY Hf+riDAND 1
Lsi_Wrtatce M. Russo t ""/
Regtatem Pro S No.
Inland 0 . L.P.
Firm Rep. No. t
isholm
RoundCrit64.-�\
Round Rack._
d Surveyor, do hereby certify that the above descdplbri Is We and correct to the best of my
was determined by a survey made on the ground under my diteelion and sWervislon.
County, Texas.
2021056416 Page 13 of 29
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2021056416 Page 15 of 29
PARCEL 10 DAVIS TRACT
COUNTY. WILLIAMSON
EXHIBITB
Page 1 of 2
REVISED 04.10 2013
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE'-
JOHN D. ANOERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THE REMAINDER OF THAT CALLED 19.005 ACRE TRACT OF LAND, CONVE
TO RAYMOND J. AND JUDITH L. DAVIS. BY INSTRUMENT RECORDED INVOL. 858, PG. 870
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQ
FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOU
AS FOLLOWS: �1
BEGINNING FOR REFERENCE at a 318' Iron rod Wand, in the northerly boundary Me of the remainder Ca
38.98 acre tract
(Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, 8 Joe Edger McCann a of Bemice 9arho
McCann, and described by Instrument recorded In Volume 737, Pg. 151. of the teed Records of y, Texas, being the
southeast corner of Lot 10, Stonehurst, a subdivision of record, recorded In Cab. C, Slide 251, of �Iat s of Williamson County,
Texas, being the southwest comer of the remainder of said 19.085 acre tract, also being In th d no edy right -way line of
Arterial'H' (IW dght-of-my width),
THENCE, wlth the common boundary line of the remainder of said 36.96 acre tract a Inder of said 19.085 acre tract,
some being said proposed northerly right-o#-way line, N 6>'41'18" E for a distance of B8. to /2' Iron nod with Aluminum cap
stamped'ARTERIAL W set;
THENCE, departing the northerly boundary line of the remainder of sold 36.96 acne an / Ing with sold proposed northerly right-
oFway line, through the Interior of the remainder of saki 1g.085 acre tract, alono 0 a left, having a radius of 4950.00 [set, a
central angle of 01'12'11 i with an arc length of 103.95 feel, a chord whlch'be 61'54 E. a distance of 10325 Net to a 12' Iron
rod with plastic cap stamped 'INLAND-505(' set for the sculhwesterly corn I T OF BEGINNING of the herein described
tract;
THENCE, departing said proposed nodherly right-of-way line, and continu a throuoli a interior of the remaindei of seld 19.085 acre tract,
the following three (3) oourees: _ �%
1) N 30So'Z3" W For a distance of 84.98 feet to a iQytrbn rod v*hkol c cap stamped *INLAND-5050' set for the northwest comer
of the herein described tract;
2) N SSIW370 E for a distance of 190.00 feet to a 1W Iron ,'nd' th ilestic cap stamped INLAND-505W set for the northeast comer
of the herein described tract;
3) S 34`50'23" E for a distance of 101.74 feet to a rod wllh plastic rap stamped INLAND-5050' set, being In said proposed
northerly right-of-way tine, for "south r erMn described tract;
4) THENCE, with sold proposed riot -of- a curve to the right, having a radius of 4950.00 feet, a central angle of
02.1212911, w1th an arc length oNW5 e t, a which bears, S 80.12'28" W. a distance of 100.74 feet to the POINT OF
BEOINNINO, containing 0A10'acre . , 5 feet) of land, more or less.
Ali bearings recited hereln ere cr# ke T9990 Mate Plane Coordinate System, Central Zone No. 4203. NAD 83.
This property description is bsarate plat.
That I, Lawrence M. Ru fessTonal Land Surveyor, do hereby certify that the above description to true and correct to the
best of my knowledge fief t the property described herein was determined by a survey made on the ground under my
direction and supervision.
WI SS MY HANi AND S& at , WI01amson County, Texas.
Land SurOw Nb. 5050
alt Road Suite 103
78681
2021056416
Page 16 of 29
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2021056416 Page 17 of 29
FILED AND RECORDED
WIM MIC RECORDS 2013699146
18/17/2013 03:35 PM
OPERE2 $49.90
NANCY E. RISTER, COUNTY CLERK
UILLIANSON COUNTY, TEXAS
�i
2021056416 Page 18 of 29
Exhibit "B"
Waterline Easement
2021056416 Page 19 of 29
ESMT 20130 148
7 PGS
CITY OF ROUND ROCK
WATERLINE EASEMENT
0'9
1
, 13�� 1 / `m fi
THE STATE OF TEXAS §
§ KNOW ALL BY THESE P
COUNTY OF 1i'ILUTAMSON §
That Judith L. Davis, an unmarried woman, and her successors and assigns, { ed to
as "Grantor"), for and inconsideration of the sum of TEN and NO/100 DOLLARS ($ .0 n [her good
and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, In i ' orporation
(hereinafter referred to as "Grantee'), whose mailing address is 221 East Main t, o Rock, Texas
78664, the receipt and sufficiency of which is hereby acknowledged, doe by T, SELL and
CONVEY unto Grantee a perpetual easement and right-of-way to cons t, ' 1, operate, maintain,
inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wa nsm on and distribution
system and waterlines, together with all necessary lines, pipes, its, ves, vaults, manholes,
ventilators, and other equipment, improvements and appurtenances there pon, over, under, above
and across the following described property of Grantor, to -wit: 1
Being a 0.095 acre (4,146 square foot), tract of
Survey, Abstract No. 16, in Williamson County, T
that called 19.085 acre tract of land, conveyed`
instrument recorded in Vol. 685, Pg. 870, of qtl
Texas, said 0.095 acre (4,146 square fo ct
as Part 1, containing 0.071 acre (3,0
square feet) in Exhibit "A" attached/h9feto and ike
This conveyance is made and
relating to the hereinabove described
be in force and effect and shown of rec
Except as otherwise
provided, however, that said
the said waterline is abandon
Grantor c
covered by this
unreasonably wi
the easement t
consent for ei
waterline. As c
in the followin i
Rock City
Enterpris ve,
shall have, (:
00273191.doc
uat n the John D. Anderson
2 g rtion of the remainder of
. and Judith L. Davis, by
tecords of Williamson County,
.mg more particularly described
2, containing 0.024 acre (1,048
d herein for all purposes.
to =thent,
any and all conditions and restrictions, if any,
y and only to the extent, that the same may still
the office of the County Clerk of Williamson County, Texas.
Lam, rights and privileges herein granted shall be perpetual;
And privileges shall cease and revert to Grantor in the event
to be used, for a period of five (5) consecutive years.
;Hants it itl�hot convey any other easement or conflicting rights within the area
t 't out t express written consent of Grantee, which consent shall not be
1 have the right to review any proposed easement or conflicting use of
k
e ect, if any, on the waterline contemplated herein. Prior to granting its
rantee may require reasonable safeguards to protect the integrity of the
is paragraph, express written consent of Grantee shall be obtained by Grantor
r: 'advance written notice must be given by certified mail to the (1) City of Round
21 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
and Rock, Texas 78664. Following receipt of such notice, the City of Round Rock
days in which to respond in writing granting consent, conditioning consent upon
5, or denying consent.
2021056416 Page 26 of 29
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's pr y
means of roads and lanes thereon, if such exist, otherwise by such route or r shaU
occasion the least practicable damage and inconvenience to Grantor; pro ' ed th ch
right of ingress and egress shall not extend to any portion of Grantor's pro whit is
isolated from the easement by any public highway or road now c o reafter
crossing the property; the foregoing right of ingress and egress in
e t of the
Grantee to disassemble, remove, take down, and clear away an c or other
structure which obstructs, prevents, or hinders Grantee's in o n ss from the
Grantor's property, and should Grantee deem it necessary to isass e, remove, take
down, or clear away any such barricade or other structur , e shall, as soon as is
reasonably feasible, replace or restore Grantor's prope o as ' ilar a condition as
reasonably practicable as existed immediately prior to n actions pursuant to this
provision, unless said barricade or other structure isinco ' e�nt ith the rights conveyed
to Grantee herein;
(b) the right of construction, maintaining and usi such as on and across the property as
Grantee may deem necessary in the exercise o n ingress and egress;
(c) the right to mark the location of the eme'&, y suitable markers, provided that such
markers shall be placed in locations t- h woo not interfere with any reasonable use
Grantor shall make of the ease3 ,
(d) the right to grade the easem r the fu liwidth thereof and to extend the cuts and fills for
such grading into and on the laid, n A outside the easement to such extent as Grantee
may find reasonably Accessary;
(e) the right from, time to time f ,trim and to cut down and clear away any and all trees and
brush now or here lrsement and to trim and to cut down and clear away any
trees on either sid f s ent which now or hereafter in the opinion of Grantee may
be a hazard p 1 ne alves, appliances or fittings, by reason of the danger of falling
thereon or root ' therein, or which may otherwise interfere with the exercise of
Grantee's h der, provided, however, that all trees which Grantee is hereby
aut ri o cut remove, if valuable for timber or firewood, shall continue to be the
p o n but all tops, lops, brush and refuse wood shall be burned or removed
M rig install, maintain and use gates in all fences which now cross or shall hereafter
he a ement; and
(gj t tight to support the pipelines across ravines and watercourses with such structures as
Gr #tee shall deem necessary.
0
2021056416 Page 21 of 29
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, d rep ,,any
damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and damage which 11 sed by the
exercise of the rights of ingress and egress or by any wrongful or neg a r omission
of Grantee's agents or employees in the course of their emploM6
Grantor also retains, reserves, and shall continue to enjoy the surfa easement for any and
all purposes which do not interfere with and prevent the use by Grantee of a se , including the right
to build and use the surface of the easement for private streets, roads, 'vie alleys, walks, gardens,
lawns, parking areas and other like uses; provided Grantor shall not erect ns ct on the easement any
building or other structure such as a patio, swimming pool, sport stor shed, accessory building,
barbeque pit or similar structure, or drill or operate any well, or ervoir or other obstruction
on the easement, or diminish or substantially add to the groan tert e pipelines. Grantee shall not
be responsible or liable for the removal, repair or damage to a opF!V, structure, building, or other use
inconsistent with the rights conveyed to Grantee by the ded, however, before constructing
any improvements, at least ten (10) days' written notice 11 b vided to Grantee of the general plans of
the improvement to be constructed on the easement and antor st first obtain the consent and approval
from Grantee of the construction and location oC any unbr s within the easement.
It is understood and agreed that an all equi ent and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the ent as a pu lic utility waterline easement for the purposes stated
herein.
TO HAVE AND '1
assigns forever, and Gr,
representatives, to warrant
and interests unto Grantee,
or to claim same, or,#ny pi
M
f
YY h and interests described unto Grantee and its successors and
;r bind itself, and its successors and assigns and legal
end, all and singular, the above -described easement and rights
and assigns, against every person whomsoever lawfully claiming,
Grantor has caused this instrument to be executed this -5—K— day of
(Signatures on the following page)
2
2021056416 Page 22 of 29
GRANTOR:
/ I
, 1 i. %iL II � �L� •
ACKNOWLEDGMENT
THE STATE OF /Ly
COUNTY OF
_ ]30M Q
This instrument was acknowledged before
2013, by Judith L. Davis, known
the foregoing instrument, and acknowledged to me
consideration therein expressed.
After recording please
309
After reco Ing,
Gravy TI le
80?S
& Co
STAT�
OF
IOW" to:
Creek Blvd, Suite #11,S
. ......... .
m day of the month of
b e t e person whose name is subscribed to
t E sh3 uteri the some f% the purposes and
Public, State of
CWME,,6 /
El
2021056416 Page 23 of 29
PARCEL 10 DAVIS
COUNTY: WILLIAMSON
EXHIBIT "A"
PROPERTY DESCRIPTION
Page 1 of 3
REVISED 04-10-2013
DESCRIPTION OF A 0.095 ACRE (4,146 SQUARE FOOT), TRACT OF LAND
SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16. IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF }
THAT CALLED 19.086 ACRE TRACT OF LAND. CONVEYED TO RAYMOND J
AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL 658, PG. 87K
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 9m95.."•.,
ACRE (4,146 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICU R1r-y
DESCRIBED AS PART 1, CONTAINING 0.071 ACRE (3,098 SQUARE ),
AND PART 2, CONTAINING 0.024 ACRE (1,048 SQUARE FEEM. I IG
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
PART 1 (0.071 ACRE, 3,098 SQUARE FOOT) .+
BEGINNING FOR REFERENCE at a 31W Iron rod found, in the northeketnan,
11 of the remainder of that
called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann dys Galloway, S Joe Edgar
McCann by the probate will of Bernice Borho McCann. and described bm recorded in Volume 737, Pg.
161, of the Deed Records of Williamson County, Texas, being th rner of Lot 16, Stonehurst. a
subdivision of record, recorded In Cab. C, Slide 251, of the Plat Re rds o illiamson County, Texas, being the
southwest comer of the remainder of said 19.085 acre tract, also bel the oposed northerly right-of-way line of
Arterial "W (100' right-of-way width); ^�
THENCE, with the common boundary line of the remainder Wsaid .96 acre tract and the remainder of said
19.086 acre tract, and being said proposed northerly 69041'16' E for a distance of 22.28 feet to
a calculated point for the most westerly corner and POIN BEGINNING of the herein described tract;
THENCE, departing said common boundary line, th the or of the remainder of said 19.085 acre tract, the
following two (2) courses:
1) Along a curve to the right, havint
of 2090.OD feet, a central angle of 04004'02", with an arc length
of 148.37 feet, a chord which be '52" E, a distance of 148.34 feet to a calculated point, being
the westerly boundary line of app� 10 acre tract, for the most northerly comer of the herein
described tract; //
2) THENCE, with the westerly bbc� :Lof said proposed tract, S W50'2TI E for a distance Of 35.50 feet
to a %* iron rod with pla PS,
'Inland 5050' set, being in said proposed northerly right-of-way
line. being the soutl e t come aid proposed 0.410 acre tract, for the southeast comer of the herein
described tract;
3) THENCE, d terly boundary line of said proposed tract, with said proposed northerly right-of-
way line, a to right, having a radius of 4950.00 feet, a central angle of 01°12'11", wivn an
are length a .95 a chord which bears, S 61664'46" W. a distance of 103.9S feet to a %0 iron rod
with aluminu tam ed "ARTERIAL H" set, being in the common boundary line of the remainder of
said 36.9 d the remainder of said 19.085 acre tract;
4) THENC , th common boundary line of the remainder of said 36.96 acre tract and the remainder of
$al t. and said northerly proposed right -of way fine, S 59°41'16" W for a distance of 4B.12
f_e� it OINT OF BEGINNING, oontaining 0.071 acres (3,098 square feet) of land, more or less.
1,048 SQUARE FOOT)
i FOR REFERENCE at a 318" iron rod found, in the northerly boundary line of the remainder of said
ract, being the southeast corner of said Lot 16, being the southwest corner of the remainder of said
tract, also being in said proposed northerly right-of-way line of Arterial H;
2021056416 Page 24 of 29
PARCEL 10 DAVIS Page 2 of 3
COUNTY; WILLlAMSON REVISED 04-10-2013
THENCE, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said
19.085 acre tract, and said proposed northerly right-of-way line, N 89°41'18' E for a distance of 68.4Qfeqt to a'h'
iron rod with aluminum cap stamped 'ARTERIAL H" set;
THENCE, departing said common boundary line, with said proposed northerly right-of-way fine, th e r
of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 f angle
of 03"24'40'„ with an arc length of 294.71 feet, a chord which bears, N e0048'37 E, a distance 4.66 to a
YS' iron rod with plastic cap stamped *Inland 505(" set being the southeasterly comer of said .410 acre
tract, for the southwesterly comer and the POINT OF BEGINNING of the herein described , n
THENCE, departing said proposed northerly right -of way line, through the Interior of the r aimed said 19.085
acre track, the following two (2) courses:
0��
1) With the easterly boundary line of said proposed 0A10 we tract, N 34' for distance of 44.25
feet to a calculated point for the most northerly corner of the herein desa'
2) Departing the easterly boundary line of said proposed tract S 7W5012 " to istance of 66.87 feet to a
calculated point, being In said proposed northerly right-of-way line,:fT the easterly comer of the herein
described tract;
3) THENCE, with said proposed northerly right-of-way tine, a¢o g a e to the right, having a radius of
4950.00 feet, a central angle of 00'32'W, with an arc th 417.38 feet, a chord which bears.
S 58'49'45" W, a distance of 47.38 feet to the POIrf.T' 1 ING, containing 0.024 acres (1,048
square feet) of land, more or less.
All bearings recited herein are based on the Texas PUte Pl ri . Coordinate System, Central Zone No. 4203, NAD
83.
This property description is accompanied by a separate p4
That t, Lawrence M. Russo, a Registered Pr onal Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowle a lief and that the property described herein was determined by
a survey made on the ground under my d' Bain ervision:
v
MY HAND AND SEAL at'I illiamson County, Texas.
No. 5050
Inland Geodetics, L.P
Firm Reg. No. 10059 -0
1504 Chisholm T 103
Round Rode, 8681
512-238-1200
2021056416 Page 25 of 29
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2021056416 Page 26 of 29
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2013099148
10/17/2013 03:35 PM
DPEREZ $45.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
I
I�
2021056416 Page 27 of 29
Exhibit "C"
Sketch
W191 fIr%AAl A Pnrip 9A of 94
RECORDERS MEMORANDUM
�Ilor parts of the t—ton this "q, — not
cl-1,1 legihl, tot soti;toctc,j re. cotdotion
2021056416 Page 29 of 29
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021056416
Pages-29 Fee: $133.00
04/16/2021 02.31 PM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas