CM-2021-328 - 12/10/2021AGREEMENT FOR GIFT OF REAL PROPERTY
Sam Bass Waterline Easement
THIS AGREEMENT FOR GIFT OF REAL PROPERTY ("Agreement") is entered into as of
the date set forth below by and between WALSH RANCH OWNER'S ASSOCIATION, INC.,
hereinafter referred to as "Donor," and the CITY OF ROUND ROCK, TEXAS, hereinafter
referred to as "City". Donor desires to donate to City, and City desires to accept from Donor, the
easement interest in the property which is more thoroughly described by metes and bounds in
Exhibit "A" attached hereto (the "Parcel").
IN CONSIDERATION of the mutual covenants set forth herein, Donor and City hereby agree
as follows:
Section 1. Transfer & Acceptance.
a. The Donor dedicates the Parcel to the City. Donor shall convey and grant
a marketable waterline easement interest in and to the Parcel, free and
clear of any monetary liens, to City by grant in the form as shown in
Exhibit "B" attached hereto. The easement shall be fully executed,
notarized, and delivered to City by Donor within ten (10) days following
final approval and execution of this Agreement by City.
b. The City accepts the public dedication of the Parcel from the Donor.
Section 2. Consideration.
As a condition of Donor's gift and assignment of its interests in the Parcel to City, the
City agrees to the following:
a. Property Valuation. The Parcel is valued at FIVE THOUSAND and
00/100 Dollars ($5,000.00), for purposes of this Agreement, and using
value estimation provided by Donor.
Section 3. Representations and Warranties. The City hereby represents and warrants
that:
a. City accepts the Parcel AS IS, IN ITS PRESENT CONDITION.
Section 4. Donor's Duties, Representations and Warranties.
a. Donor is responsible for all property taxes associated with the Parcel.
b. Donor may realize any proper tax benefit to which it is entitled through
this gift of real property, and City shall provide any reasonable assistance
requested by Donor to complete any required documentation for same.
Sam Bass WL
Page I of 3
4875-8739-7891, v. 2
c. Donor understands and acknowledges that Donor has been informed of
the entitlement to receive fair market value payment for the Parcel, as set
out in Title III of the Uniform Relocation. Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601-46551, and the legal
right to an appraisal, and is waivingthose ose rights.
Section 5. Assigns; Beneficiaries. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
This Agreement is for the sole benefit of Donor and City.
Section 6. Entire Agreement. This Agreement is the entire agreement between Donor
and City concerning the gift of interest in the Parcel, and no modification
hereof or subsequent agreement relative to the subject matter hereof shall be
binding on either party unless reduced to writing, and signed by the party to
be bound.
Section 7. Choice of Law; Venue; Dispute Resolution. This Agreement will be
construed under the laws of the State of Texas, without regard to choice -of -
law rules of any jurisdiction. Venue for any action brought under or with
regard to this Agreement or the breach of this Agreement is in Williamson
County, Texas, except to the extent otherwise mandated by applicable law.
Time permitting, the parties will submit in good faith to an alternative dispute
resolution process before filing a suit concerning this Agreement or the breach
of same.
EXECUTED BY the City and by Donor as follows:
[signature pages follow]
Sam Bass WL
Page 2 of 3
4875-8739-7891, v. 2 ��
LZiI►C"
WALSH RANCH O ER'S ASSOCIATION, INC.
By:
Name: $It" 5. 14 A IAy
Its: HOAs�nFNT
Date: /!/ Z t f Z.O L. I
CITY:
CITY OF ROUND ROCK, TEXAS
B �.
Laurie Hadley, Ci y anager
Date: 1 2--c�
Sam Bass W L
Page 3 of 3
4875-8139-7891, v. 2
AN W81l:lll111VIVii
County: Williamson Page i of 4
Subterranean Waterline Easement: 5 October 22, 2021
Highway: C.R. 175 (Sam Bass Road)
Limits: From: F.M. 1431
To: 1,000' East of Wyoming Springs DriVe
PROPERTY DESCRIPTION FOR SUBTERRANEAN WATERLINE EASEMENT 5
DESCRIPTION OF A 0.0105 ACRE (457 SQ. FT.) EASEMENT OF LAND LOCATED 1N THE W. KINCAID
SURVEY, ABSTRACT 374, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK J,
LANDSCAPE LOT WALSH RANCH, SECTION ONE, A SUBDIVISION OF RECORDED IN CABINET BB, SLIDE
196, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.TX.), DESCRIBED IN A DEED TO THE
WALSH RANCH OWNER'S ASSOCIATION, INC., RECORDED FEBRUARY 2, 2017 IN DOCUMENT NO.
2017010586, OFFICAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.); SAID 0.0105
ACRE (457 SQ. FT.) EASEMENT, AS SHOWN ON A PLAT PREPARED BY SAM, LLC, BEING MORE
PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "Cunningham Allen Inc" found 1,094.08 feet left
of Sam Bass Waterline Easement Engineer's Centerline Station (E.C.S.) 105+46.01 on the existing west right-of-
way line of Walsh Ranch Boulevard (BLVD.), a 65 foot wide right-of-way, per plat recorded in Document No.
2006013292, O.P.R.W.C.TX.;
THENCE S 22940'34" W, with the existing west right-of-way line of said Walsh Ranch BLVD., a distance of
1,090.86 feet to a calculated point, for an interior ell corner of a called 40.41 acre tract, described in a deed to
Round Rock Independent School District, recorded in Document No. 2004092517, O.P.R.W.C.TX., same being
the northeast corner of said Lot 2;
THENCE departing the existing west right-of-way line of said Walsh Ranch BLVD., with a common line of said Lot
2 and said 40.41 acre tract, the following courses and distances:
N 67'19'23" W, a distance of 50.01 feet to a calculated point, and
S 22'40'37" W, a distance of 31.83 feet to a calculated point (Surface Coordinates: N=10,168,127.69,
E=3,115,187.61) 5.00 feet left of Sam Bass Road E.C.S. 100+63.92, for the northwest corner and POINT
OF BEGINNING of the easement described herein;
THENCE departing a common line of said Lot 2 and said 40.41 acre tract, over and across said Lot 2, the
following three (3) courses and distances numbered 1-3:
1) S 77'14'56" E, a distance of 45.69 feet to a calculated point 5.00 feet left of Sam Bass Waterline
Easement E.C.S. 101+09.61, for the northeast corner of the easement described herein,
2) S 22'40'50" W, a distance of 10.15 feet to a calculated point 5.00 feet right of Sam Bass Waterline
Easement E.C.S. 101+07.86, for the southeast corner of the easement described herein, and
3) N 77'14'56" W, a distance of 45.69 feet to a calculated point 5.00 feet right of Sam Bass Waterline
Easement E.C.S. 100+63.92 on the west common line of said Lot 2 and said 40.41 acre tract, for the
southwest corner of the easement described herein;
FN 49033 SAM Job No. 38216A
V
EXHIBIT "A"
County: Williamson Page 2 of 4
Subterranean Waterline Easement: 5 October 22, 2021
Highway: C.R. 175 (Sam Bass Road)
Limits: From: F.M. 1431
To: 1,000' East of Wyoming Springs Drive
4) THENCE N 22-40-37" E, with the west common line of said Lot 2 and said 40.41 acre tract, a distance of 10.15
feet to THE POINT OF BEGINNING, and containing 0.0105 acres (457 sq. ft.) of land, more or less.
This property description is accompanied by a separate plat of even date.
Bearing Basis:
All bearings shown are based on the Texas Coordinate System, Central Zone, NAD 83/2011. All distances shown
are surface and may be converted to grid by dividing by a Surface Adjustment Factor of 1.00012. Units: U.S.
Survey Feet.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Scott C. Brashear, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowledge and belief and that the property described herein was determined
by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, on the date shown below.
SURVEYING AND MAPPING, LLC
4801 Southwest Pkwy
Building Two, Suite 100
Austin, Texas 78735
TX. Firm No. 1006430
Preliminary
10l22/2021 7:59:17 AM
Scott C. Brashear Date
Registered Professional Land Surveyor
No. 6660 - State of Texas
FN 49033 SAM Job No. 38216A
1;��
W i V M In
M
n;D �y 4 0rn 1� z
J LLi
gL
�Ci 't zuwF-
w o IL In fL
U z
x x Ia
mo,o �. ,n wMa Z
z
N O -1, O YW11'F--r-
s m fi 1 ,' p (n IL a J
N \! r tL C0 ZdJ0Q
1a.1 1. T'C z . t7 � t7 � to i U
La Q
z to -. W z Q
an In! w aWc .�./ --1 a x N a Lr,
�r ODt aC < UJ O 1- Z O
L Z U2 _
O(
.. coQII all Q w V w Q O
Al 4 Z a
ZOp� YOo N� 1 QQ ul # �tY(D
��� • ouJY In I Q,^ Q to Ow
ti a
JON .Sm3 !
r.0z1-Um , Q O x W In
vl ,n z ¢ x
Gaza a- f V) 3 w Q
zn O 0M2� o
O O
Ywo JV,a t In J >` Op NQ
o %u t a i p b_.M M
In O dal i� In -
'M'0'2i 9NIlSIX3 iLi in a w 0n -Lo`v
i i0 w d OC O
(XI 3'M'8'd'0 tcS'�u�
MU 10900Z 'ON ' 000 W I r - a _ v LQ
Q M08 30IM 99) ', ii-� co
QAI9 HONVli HSIVM a i J, < do W,n
�p 99 '060' 1 M„ b£ ,Ob .ZZS vo tnU3 LC)
a
_-• 1.5L'160t M..L£.Op.2Z51 ', U o Lr)
W rtJ� i i- i t Q a 0
a /
_ ; i io N O
Lf) a
V 4 G(JOJ
da. 0 � i 1 Q C tD
�z ?0 1 1
L) .4 Z 0 Z I -91 0 VI
U1 N
fA \ crtn
J. X
t=jSNO F ,y o�rnj 1 0 !L 41
ZO ^ X e no \ rr1
11 Q--r}�F Q�,Z��C G'Noo t Q� ZO
N COt
x% Jdap Er tnkn M on ► oo#
3 N�olr Np_j C� Z`" lza
a Za �Z<W -a i Jz� '�`
2V1W O pJNUJ Z w t --•moo
~• 0o J �A- \ #�
1�+1 C) a � a \ o
Z u u in \
LA OIY LLI NV \ d Q
ao C\ x
co W
V1 j
J j H
fn I Z IL) W O
i wz N War
F Q
In.. U �� ~
z
J wir
a�4F O D i Z Q 0
o vI C o �i rn l '-I w =" Z
Zo�0: � i �v TWO
�J win �aV)
U
�za L'iN i ao: CDU�
Ux 1 $ w Q
ou4 O '_' ifl' 1 W
z'^Uu x ��i V1Z J
tt lV Q Q J
10 m Z U') 1--i
tiMI w
Ln
L° a
i
w
�
aoo
V1
--i
O
�
Q
In
o
�
M
aom
�
M
�+
011(!Q1'
to--u�
1!1
V'
O
�
CI'
O
�
�
w��w
�M`''iti:''icoioi-
ZN
N
M
�u'fentflM
p=C�mOovOv4
¢�-vo�v�v
W
e
j
a
N
a
s
e
a
!n
I�
.n
N
cv
Iti
N
ti
N
tD
NNN(�N
Z
y
Vl
`•t/}VTZZ
O
Z
N
fvMQlflW
W
J
J
J
J
J
J
J
J
Z
J
Q M LO
M r
p rn LL z
•lil
Q�r
Lid l- Vl
C7 Z Lj Q Q
Q Q X 2 -LJ
a o � z O w d
z Ln wOff Q—z
YWOf� ti
a+ J °�°, LLLI O r a = V1 W v
ou Z a J
w aNQ
0 00
�uj O w ' O �--� w Z Q
bl 'aAJ La v, N W z Q
--------------- 4 u
q-
d .5 ' JN # Q Lil0r Lill
,� 4o Ln LU = wz
w 0zao
or c
LL)to
O
F-
O x
x Q
` ' w
> g_,n O
p 0. a t-
oo ejN
po W pM
W ��HQeI)
m O
a a vad'r'
e�
U '-
m Na
e� W
T 'o
w
X a a
e/ii O
a
/
cz
Z
.-�
to r
/ N
— G .
W x
aw -� w
U x4 O w
a 4 r
Z W e- W Y
o w� rx a+ a u
¢ uN Kr 0 ¢W
8 LLz N
U ix -I.- WO w z
N ,Onw4 a0 J W OU W
X a4LL JO ow tt ZZ 4
W W r U W a O 7 4 O
~ m 4 h-K �4 Z mw
4 co o x 4 j LLI 4 OIx
U P e.W r
o s x a x
W LL,zQ:. r z-i 1-�
z o Zai�Y � In �z7Zy�� u z //Q�
F y ol
40 0 0zoo —(] W6 om O W.J �+
aZZ W N N N N NSm�ppx PV Je4n Y -9 N
x W W W ox W W 0N002W TaC
_ ON^u�W F Wm W NS
# 0 rQQ L" ~ ,�~ Wr u O Z4VJoLL rN Zo O irLL
QZ Z .�^ CLL
Z l9 E W Z J > J a^ J W w ►- W w
Q 'A � O� U Y Y K} N X ZQ04}W OW W-> a Y6— `
W W H U Z �-' en e- r e- r• m> S r W .- W x J �+
Z N LL } z r z z LLI er 0z cc:) UZ O LA cc
0 w L.J V) a z u a m
W �� S z - p0, z 0 la W NV uu mU r � vtw o-N #� WW } pP X r
'r ] W W J O W O N r00. U# m U NZo N z
0 r o J 4 m U K 4 cr �Z (L 2' mJWO-x UN WW IAU O J N44 Q %
w z y N W z lµ� U 00 O O W
0 4 r O O O N wi 4vk 4tA U z a7 O rS W Z ' N
_ W Z r� Wf- IYr
J W J 1L O O �� —4 —4 Z J 4 .O JO Wa X 4 hS�V 1 J4
4 W 7 W a r r r I.- V— U'-' 4 4WUO ujZ W� a N ND z'w
Z U U a O X Z Z PJ z+J —J r o Z OW— %g ZW f-•-W /♦� V' ZW
ea WJ l4J Ll;:! 4X UO UU � � or
W 4 Z W 0 0 0 O W-. 4- 4^ .N-� W Owa VI Z0 U rW0 NtL
VI 4 U a 0. a 0. a z 0# O# 03 0 0 TN,-- w u o aZ
r 1a
MO
O
N44uZ QX W mf
N�m40Nw ow N � WeaW
r LiUr 3 aN N a SOr
z0 W OW 0s N0.4
,W-n aX aaLA
rwzwx x u4zmm >- C,iC VYw a p W
iwvkw a z
QOO*®WU4U Ow 4 OuM20 CL wo
0a6J O OO U m�mm�w00,n WF-W w
%mm�ao -� MO w MUM N
t ozsa 4za ww 4ra N 4 a
Z en eL r 6 r#W UWO
d o o I Z n; ri 'W —o� Naz
Sam Bass 42" WL
STATE OF TEXAS
EXHIBIT "B"
SUBSURFACE WATER LINE EASEMENT
COUNTY OF TRAVIS
DATE: , 2021
GRANTOR: THE WALSH RANCH OWNER'S ASSOCIATION, INC.
GRANTOR'S MAILING ADDRESS: 3425 Citrine Place
Round Rock, Texas 78681
GRANTEE: CITY OF ROUND ROCK, TEXAS
GRANTEE'S MAILING ADDRESS: 221 E. Main St.
Round Rock, TX 78664
Williamson County
CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Easement Property: that certain tract of land consisting of 0.0105 acre (467 SF), more or less,
out of the W. Kincaid Survey, Abstract No. 374 in Williamson County, Texas, more particularly
described by metes and bounds and sketch in Exhibit "A" (Parcel 5E), attached hereto and
incorporated herein for all purposes (the "Easement Property").
SUBSURFACE EASEMENT GRANT:
Grantor, for the consideration paid to Grantor by Grantee, hereby grants, sells, and conveys
to Grantee a permanent and exclusive subsurface easement under the Easement Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
to Grantee and Grantee's successors and assigns forever. The subsurface easement, rights, and
privileges herein granted shall be used for the purposes of boring, constructing, placing, operating,
maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting,
cleaning, changing, modifying, or repairing subsurface raw water intake facilities, including but
not limited to bored tunnels, liners, pipelines, and any other necessary or desirable appurtenances
thereto; provided, however, that Grantee's rights in the Easement Property shall be limited solely
to that part of the subsurface lyingat or below 803' nisi, and lying at or above 792' msl, other than
as follows: NIA.
i. 44864-3354-4449, v. 2
Sam Bass 42" WL
RIGHTS AND RESERVATIONS OF GRANTOR:
Grantor shall retain all existing rights to use the surface of the Easement Property, and the
subsurface of the Easement Property above 803' msl and below 792' msl, for any and all purposes
which do not endanger or unreasonably interfere with the rights of Grantee, including without
limitation the right to place buildings or other permanent structures on the surface of the Permanent
Easement. Construction or installation of subsurface well facilities of any kind within the
Easement Property is specifically prohibited.
Grantor expressly reserves all water, oil, gas, and other minerals owned by Grantor, in, on,
and under the Easement Property, provided that Grantor shall not be permitted to drill or excavate
for water, oil, gas and minerals from the surface of the Easement Property, but Grantor may extract
water, oil, gas, or other minerals from and under the Easement Property by directional drilling
originated outside of the Easement Property, or other means which do not unreasonably interfere
with or disturb the rights granted to Grantee herein.
EXCLUSIVITY:
Grantee's easement rights within the subsurface of the Easement Property (at or below
803' msl and at or above 792' msl for the Easement Property) shall be exclusive.
SUCCESSORS AND ASSIGNS; TERMINATION:
This instrument, and the terms and conditions contained herein, shall inure to the benefit
of and be binding upon Grantee and Grantor, and their heirs, successors, and assigns.
1:'II S 1171►
Subject to existing matters of record affecting the Easement Property, Grantor warrants
and shall forever defend this Subsurface Easement to Grantee against anyone lawfully claiming or
to claim the Permanent Easement or any part thereof when the claim is by, through or under
Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the plural. When
appropriate, the terms "Grantee" and "Grantor" include their respective employees, agents,
subsidiaries, officers, servants, contractors, successors and assigns.
[signaliu•e page.follows]
2.
4864-3354-4449, v. 2
Sam Bass 42" WL
GRANTOR:
THE WALSH RANCH OWNER'S ASSOCIATION, INC.
By:
Name: I�R&0 5- ZAPALAC-
fts; NnA Pis (DT—NT
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF 0-s W , ,,
This instrument was acknowledged before me on this 2`1 day of
l ]� , 2021, by - ,, in the capacity and
for the purposes and consideration recite herein.
ublic, State Texas
JOEL D2022
MY COMMI
JULYNOTARY f
After recording return to:
3.
4864-3354-4449. v. 2
Ai
X I
1� 1
IA
ONJI6
r At )I -. I , , , .0
yx�
co
QAIU HZ)NYtl HSIVAk
- - - - - - - - - - - - - -
® � - - e � \ \ }�� ~ '
` /( � & `\ \ � � �
% %
:5 % % %
w
a
z
C)
0
LLI
to
D
OA
z
LLI
CC CL
ICity of Round Rock
T
OUND
ROCK
XA5 Agenda Item Summary
Agenda Number:
Title: Consider execution of an Agreement for Gift of Real Property with Walsh Ranch
Owner's Association, Inc., for acquisition of a 0.0105 acre subsurface waterline
easement required for the Sam Bass Road 42" water transmission line project
(Parcel 5).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/10/2021
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: WALSH(5E)--Agreement for Gift of WL easement --Sam Bass, WALSHHOA(5E)-
-proposed wtm 0.0105 ac easement location exhibit
Department: Utilities & Environmental Services
Text of Legislative File CM-2021-328
As part of the ongoing Sam Bass 42-inch water transmission main project that is being jointly bid with
Williamson County's Sam Bass Road (Corridor H) roadway widening project, Walsh Ranch Owner's
Association has agreed to donate a 0.0105 acre subsurface waterline easement.
This easement is required to complete the original Sam Bass II project that was identified in the City's
Water Master Plan. The County's roadway widening project, the City's planning and design of Wyoming
Springs Drive, and the continued development in the area contributing to lower system pressure are all
factors that have caused the need to expedite this project.
City of Round Rock Page 1 of 1