CM-2022-002 - 1/3/2022Hutto Switch — Round Rock 138kV (U0118)
E-14373
2020-1612WG
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in
Williamson County, Texas, which is recorded in Volume 233, Page 469, and Addendum to
Easement Document Number 9814583 of the Deed Records of Williamson County, Texas
("Easement"); and
WHEREAS, Meritage Homes of Texas, LLC and Tri Pointe Homes Texas, Inc (hereinafter
collectively referred to as "Owner") and the City of Round Rock, Texas ("City"), a municipal
home -rule corporation, desires permission to access, maintain, and repair a natural, unimproved
drainage and storm drain area ("Encroaching Area") within the area or boundaries of the
Easement ("Easement Area"). Owner and City agrees that no improvements or infrastructure will
be installed within the Encroaching Area without the prior written consent of Oncor via a new
Encroachment on Easement Agreement. In the future, if additional drainage improvements are
necessary on the Easement Area, Oncor will not be responsible for any costs associated with
designing, constructing, and paying for such drainage improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oncor and
Owner and City do hereby agree as follows:
1. Location of Encroaching Area. Owner and City may locate the Encroaching Area in the
Easement Area, but only as described and shown on the attached drawing marked Exhibit "A" and
incorporated herein. Owner and City may not relocate the Encroaching Area within the Easement
Area without the consent and approval of Oncor, which consent and approval shall be at Oncor's
sole discretion. Owner and City acknowledges and agrees that Oncor holds easement rights on the
Easement Area; therefore, Owner and City shall obtain whatever rights and permission, other than
Oncor's, that are necessary.
2. Restrictions on Use of Easement Area. Owner and City shall use only so much of the
Easement Area as may be necessary to maintain and repair the Encroaching Area. Owner and City
shall, at its own cost and expense, comply with all applicable laws, including but not limited to
existing zoning ordinances, governmental rules and regulations enacted or promulgated by any
governmental authority and shall promptly execute and fulfill all orders and requirements imposed by
such governmental authorities for the correction, prevention and abatement of nuisances in or upon
or connected with said Encroaching Area. Owner shall at all times remove all debris and other
materials from the Easement Area and will maintain the Encroaching Area in the same condition
approved under this Encroachment on Easement.
Owner and City shall not place trash dumpsters, toxic substances or flammable material in the
Easement Area. Further, if the Easement Area has transmission or distribution facilities located
thereon, Owner and City shall not place upon the Easement Area any improvements, including but
not limited to, buildings, light standards, fences, shrubs, trees or signs unless approved in advance
in writing by Oncor. Additional general construction limitations on encroachments are described and
listed in Exhibit "B", attached hereto and by reference made a part hereof.
Encroachment on Easement
2020-1612WG / E-14373
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3. Maintenance of Encroaching Area. Owner, at Owner's sole expense, shall maintain and
operate the Encroaching Area. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of Owner and City's Encroaching Area,
4. Risk and Liability. Owner assumes all risks and liability resulting or arising from or relating
to Owner's use, the existing condition or location, or existing state of maintenance, repair or
operation of the Easement Area. It is further agreed that Oncor shall not be liable for any damage to
the Encroaching Area as a result of Oncor's use or enjoyment of its Easement. Any Oncor property
damaged or destroyed by Owner or its agents, employees, invitees, contractors or subcontractors
shall be repaired or replaced by Oncor at Owner's expense and payment is due upon Owner's
receipt of an invoice from Oncor.
5. Indemnification. Owner and City agrees to defend, indemnify and hold harmless Oncor, its
officers, agents and employees from and against any and all claims, demands, causes of action,
loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and
every kind or character, known or unknown, fixed or contingent, for personal injury (including death),
property damage or other harm for which recovery of damages is sought or suffered by any person
or persons, including claims based on strict liability, arising out of or in connection with Owner and
City's actions or omissions or the actions or omissions of its officers, agents, associates, employees,
contractors or subcontractors or the actions or omissions of any other person entering onto the
Easement Area or the Encroaching Area when such actions or omissions relate to Owner and City's
use of the Easement Area.
6. High Voltage Restrictions. Use of draglines or other boom -type equipment in connection
with any work to be performed on the Easement Area by Owner and City, its employees, agents,
invitees, contractors or subcontractors must comply with Chapter 752, Texas Health and Safety
Code, the National Electric Safety Code and any other applicable safety or clearance requirements.
Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen
(15) feet of the Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor
345,000 volt power lines situated on the aforesaid property. Owner and City must notify the Region
Transmission Office at 903-439-6910 48 hours prior to the beginning of any work on the Easement
Area.
7. Removal by Oncor. If at any time in the future, the Encroaching Area, in the sole judgment
of Oncor, interferes with Oncor's use or enjoyment of its easement rights and if the City's regulatory
floodplain ceases to be defined in the Encroaching Area, Oncor shall have the right to remove said
Encroaching Area. Oncor shall notify Owner and City in writing that within 90 days the Encroaching
Area must be removed at Owner and City's sole cost. If at the end of the 90 day period the
Encroaching Area has not been removed, Oncor may remove it, at Owner and City's expense.
Oncor will not be responsible nor will compensation be paid for damages incurred by such removal,
including, but not limited to, damages for loss of use of the Encroaching Area or business
interruption. However, in an emergency, Oncor shall have the right to immediately remove the
Encroaching Area. If the Encroaching Area is removed, Oncor will not unreasonably withhold
consent for Owner and City to relocate the Encroaching Area within the Easement Area.
8. Default and Termination. It is understood and agreed that, in case of default by Owner and
City or its agents in any of the terms and conditions herein stated and such default continues for a
period of ten (10) days after Oncor notifies Owner and City of such default in writing, Oncor may at
its election forthwith terminate this agreement and upon such termination all of Owner and City's
rights hereunder shall cease and come to an end. This agreement shall also terminate upon the
abandonment of the Encroaching Area.
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2020-1612WG / E-14373
9. Assictnment. If Owner intends to have another party assume any obligations under this
Encroachment on Easement, Owner shall contact Oncor to get its written approval to assign this
Encroachment on Easement to that third party. Any such assignment of this Encroachment on
Easement shall leave Owner and the assignee jointly and severally liable for all obligations under
this Encroachment on Easement.
This agreement shall extend to and be binding upon Owner and City and their successors and
assigns, and is not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Executed this _ day of , 2021.
Oncor Electric Delivery Company LLC
By:
STATE OF TEXAS §
COUNTY OF TARRANT §
Wilson Peppard, P.E.
Attorney -In -Fact
BEFORE ME, the undersigned authority, on this day personally appeared Wilson Peppard,
as the Attorney -In -Fact of Oncor Electric Delivery Company LLC, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, in the capacity therein stated and
he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A. D. 2021.
Notary Public in and for the State of Texas
[Signature and Notary pages continuel
day of
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2020-1612WG I E-14373
Meritage Homes of Texas, LLC
By: Wes`
Name: ELLIOT aft3cs
Title: v_tfiteNy~« amaa
STATE OF TEXAS §
COUNTY OF 9 , §
BEFORE ME, the undersigned authority, on this day personally appeared
CLLtoT Sblaes , as the Iyts160.1 AACC- Pat-sme-OT of
Meritage Homes of Texas, LLC, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c2day of
, A. D. 2021.
I
No ary Public in and for the State of Texas
1'�y ►� ANNME HERAMS" ON
i Notary to X133033420
.y M My Commission Expires
1 a April 13, 2425
[Intentionally blank: Signature and Notary pages continue]
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2020-1612WG I E-14373
Tri Pointe Homes T xas, Inc
By.--
NargOeO.F John Stanley
Title: Director of Land Acquisition and Development
STATE OF TEXAS §
COUNTY OF 41i §
BEFORE ME, the undersigned authority, on this day personally appeared
as the tip-hrb�l�rti�r.lkcrf
Tri Pointe Homes Texas, Inc, known to me to be the person whose na a is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same forthe purposes and
consideration therein expressed, in the capacity therein stated and he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ - day of
Pp r , A. D. 2021.
E�ill"- va)-
Nota ublic in and the State of Texas
=��RYp�ey KA�HYAHRENS
^ Notary ID #5445280
y'�or'F" My Commission Expires
November 16, 2024
[Intentionally blank: Signature and Notary pages continue]
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2020-1612WG I E-14373
City of Round Rock, Texas
By: -
Name: ��4,
Title: Z 2
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
the u rsigned authority, this da p rso a ly ap eared
+��R , >�- , as the of
City of Round Rock, Texas, known to me to be the person whose name is subscr6beh to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and he/she is authorized to do so.
GIVE UNDER Y HAND AND SEAL OF OFFICE this __.._ _.
_ .... day of
' l . }_ , A. D. 2021
t-. - aA
Notary Public in and or.the State of Texas
After Recording, Return To:
Oncor Electric Delivery Company LLC
Right of Way Services
Attn: Laura DeLaPaz
777 Main St, Suite 1311
Ft_ Worth, Texas 76102
Encroachment on Easement
2020-1612WG I E-14373
Page 6 of 11
LANDESIGN
SERVICES, INC.
10090 W Highway 29 1 Liberty Hill, Texas 78642
TBPELS Firm No. 10001800 1 512-238-7901 office
EXHIBIT,, A,,
METES AND BOUNDS DESCRIPTION
BEING 1.345 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES,
INC., SITUATED IN THE WILLIS DONAHO JR. SURVEY, ABSTRACT NO.
173 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A
CALLED 50.92 ACRE TRACT OF LAND DESCRIBED AS TRACT l IN A
SPECIAL WARRANTY DEED TO MERITAGE HOMES OF TEXAS, LLC.,
AND TRI POINTE HOMES TEXAS, INC., RECORDED IN DOCUMENT NO.
2021008302, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch rebar with cap stamped "LSI SURVEY" found for the Northwest
corner of said 50.92 acre tract, and a common corner of the remainder of a called 134.62 acre tract
of land described as Tract 3, in a Warranty Deed to Cressman Enterprises, L.P., recorded in
Document No. 2003063811, of said O.P.R.W.C.T.;
THENCE North 80108'57" East with the North line of said 50.92 acre tract and a common line
of the remainder of said 134.62 acre tract, a distance of 254.40 feet to a Calculated Point;
THENCE over and across said 50.92 acre tract, the following seven (7) courses and distances:
1. South 09°51'03" East a distance of 100.00 feet to a Calculated Point;
2. South 67032'59" West a distance of 67.63 feet to a Calculated Point;
3. South 66*1315111 West a distance of 126.78 feet to a Calculated Point;
4, South 58046'54" West a distance of 91.90 feet to a Calculated Point;
5. South 23*11122" West a distance of 175.40 feet to a Calculated Point;
6. South 23048'27" West a distance of 40.52 feet to a Calculated Point; and
7. North 49156' 17" West a distance of 87.13 feet to a Calculated Point in the West line of
said 50.92 acre tract and in the common line of the remainder of said 134.62 acre tract;
Encroachment on Easement
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LS1
K:-.2(H)3 3 - K I CS ('rr.Mman-- Oescripiion.s I lomestcad Ph 3 Drng I-..ml Rc%.dow
Page 7 of 11
~heel I of 4
THENCE North 23043'57" East with the West line of said 50.92 acre tract and the common line
of the remainder of said 134.62 acre tract, a distance of 351.52 feet to the POINT OF
BEGINNING and containing 1.345 acres of land, more or less.
This project is referenced for all bearing and coordinate basis to the Texas State Plane Coordinate
System, North American Datum of 1983 (NAD83 — 2011 Adjustment), Central Zone (4203).
Distances and areas shown hereon are grid values represented in U.S. Survey Feet.
This property description was prepared from an on -the -ground survey performed under my
supervision and is accompanied by a separate plat of even date.
OF
C % FrF��v
�T
aT�1— t
Travis S. Tabor �TRAVIS S.�TABOR" .... �................
Registered Professional Land Surveyor °: 9 6428 r '
State of Texas No. 6428 o?�
Ss s !..•� Q
URV��O
Job Humber: 20-033
Attachments: UV0033 - KTCS CressmanTAMWGANomestead Ph 3 Dmg Esmt.dwg
Encroachment on Easement
2WG ! E-14373
Er 1.:-20033 - K 1 CS lotnestend 11h 3 Drng Iismt Re%.docx
Page 8 of 11
Sheet 2 ul 3
GRAPHIC SCALE
POINT OF
BI`GINNING77
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TEXAS POWER AND LIGHT COMPANY n�
VOL. 233, PG. 469
D.R.W.C.T. h�
ONCOR ELECTRIC DELIVERY COMPANY LLC.
DOC. NO. 2009085396
O.P.R.W.C.T. ='L�
(NO WIDTH SPECIFIED)
ADDENDUM TO EASEMENT
1 DEFINED AS 100' WIDE
CRESSMAN ENTERPRISES, L.P.
TRACT 3 (134.62 ACRES)
DOC. NO. 2003063811
O.P.R.W.C.T.
N80008'57"E 254.40'
DRAINAGE EASEMENT
AREA OF ENCROACHMENT '
25
VOL. 492 PG. 140 & VOL.493 PG.188
D.R.W.C.T y p0 Q
CRESSMAN ENTERPRISES, L.P.
TRACT 3 (REMAINDER 134.62 ACRES) 2I?
DOC. NO. 2003063811
O.P.R.W.C.T. �j`r6
/ •.ram:
O O
D� 32 A,
EXHIBIT "A"
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MERITAGE HOMES OF TEXAS, LLC.
TRI POINTE HOMES TEXAS, INC.
TRACT 1 (50.92 ACRES)
DOC. NO. 2021008302
O.P.R.W.C.T.
33 �°� P•(F .QF
S�S'�, � 5�•we;�sr�gF9s
34 TRAVIS S. TABOR
.90 6428 ?r,
,,O \ URy
36 "'
LEGEND 0 Z9 2? 1
Line Table
Line
Direction
Length
L1
S67' 32' 59"W
67,63'
1-2
S66' 13' 51"W
126.78'
L3
S58' 46' 54'W
91.90'
L4
S23' 48' 27"W
40.52'
1/2" REBAR WITH CAP STAMPED
/ "LSI SURVEY" FOUND GENERAL NOTES:
L1 CALCULATED POINT NOT SET THIS PROJECT IS REFERENCED FOR ALL
/ OFFICIAL PUBLIC RECORDS OF BEARING AND COORDINATE BASIS TO THE
O.P.R.W.C.T. WILLIAMSON COUNTY, TEXAS TEXAS COORDINATE SYSTEM, NORTH AMERICAN
OFFICIAL RECORDS OF DATUM OF 1983 (NAD83 — 2011 ADJUSTMENT),
/ O.R.W.C.T. WILLIAMSON COUNTY. TEXAS CENTRAL ZONE (4203).
I[ D.R.W.C.T. DEED RECORDS OF DISTANCES SHOWN HEREON ARE GRID VALUES
I WILLIAMSON COUNTY, TEXAS REPRESENTED IN U.S. SURVEY FEET.
vo 114vmOr-�, 4U—u.» 1DATE:
ROJECT NAME: KTCS CRESSMAN
RAWING NAME: HOMESTEAD PH 3 DRNG ESMT
RAWING FILE PATH:
:\20033 - KTCS CRESSMAN\CAD\DWGS
IETES AND BOUNDS FILE PATH:
:\20033 - KTCS CRESSMAN\DESCRIPTIONS
IS, LANDESIGN*.
SERVICES, INC.
10090 W HIGHWAY 29, LIBERTY HILL, TEXAS 78642
ichment on EasemIVELS FIRM NO, 10001800
612WO I E-14373 512-238-7901 Page 9 of 11
LIMITATIONS ON
ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY The Right -of -Way)
EXHIBIT "B"
1. You are notified, and should advise your employees, representatives, agents, and contractors,
who enter the property that they will be working in the vicinity of high voltage electrical facilities
and should take proper precautions, included but not limited to the following stipulations and in
compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code.
2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after January 1, 2003
shall comply with the requirements of Public Utility Commission Substantive Rules §25.101, as
amended from time to time.
4. No crossing less than 45 degrees to the centerline of the right-of-way.
5. Only permitted grading will be done in order to leave the right-of-way as near as possible to
present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on
right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required
and such that the slopes can be mechanically maintained.
6. Equipment and materials will not be stored on the right-of-way during construction or anytime.
7. Street or road crossings are to be based on drawings submitted. Any change in alignment or
elevation will be resubmitted for approval.
8. No signs, lights or guard lights will be permitted on the right-of-way.
9. Power line safety equipment operations: hazard assessment and precautions inside the work
zone area must be performed and in compliance with OSHA Standard §1926.1408 at all times.
Equipment shall not be placed within fifteen (15) feet of the Oncor 138,000 volt or less power
lines or within twenty (20) feet of the Oncor 345,000 volt power lines.
10. No fences or other obstruction will be erected on the Encroachment Area.
11. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
12. Draglines will not be used under the line or on Oncor right-of-way.
13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge
of any Oncor transmission structure (tower, pole, guy wire, etc...).
14. Right-of-way will be protected from washing and erosion by Oncor approved method before any
permits are granted. No discharging of water will be allowed within any portion of the right of
way. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way.
15. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor
structures or prevent mechanical maintenance.
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16. Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, 903-439-6910.
17. No hazardous materials will be stored on the right of way.
18. For purposes of this document, "Hazardous Materials" means and includes those substances,
including, without limitation, asbestos -containing material containing more than one percent
(1 %) asbestos by weight, or the group of organic compounds known as polychlorinated
biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or
reproductive toxicity and includes any items included in the definition of hazardous or toxic
waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws"
collectively means and includes any present and future local, state and federal law relating to the
environment and environmental conditions including, without limitation, the Resource
Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C.
§§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the Federal
Water Pollution Control Act, 33 U.S.C. §1251, et seg., the Clean Air Act, 42 U.S.C. §741 et seq.,
the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C.
§§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations,
orders, and decrees now or hereafter promulgated thereunder.
19. Brush and cut timber is not to be plied or stacked on Oncor right-of-way nor is it allowed to be
burned upon or in close proximity to the conductors or towers.
20. No structures or obstructions, such as buildings, garages, barns, sheds, swimming pools,
playground equipment, guard houses, etc., will be permitted on the right-of-way.
21. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in
writing. No lighting or sprinkler systems are allowed on the right-of-way.
22. No park or park designation will be permitted on the right-of-way.
23. Gas Pipeline Protective Barrier; Owner, at Owner's sole expense, shall provide one of the
following protective barriers; 1) a concrete protective barrier between the surface and the pipe
that is a minimum of one (1) foot thick by one (1) foot wide, if pipe is wider than one (1) foot, then
width of pipe, with the top of the concrete barrier to be at least one (1) foot below the surface or
final grade, 2) construct the gas pipeline inside of a proper protective steel casing, 3) where
electric facilities are located above ground, install the pipeline a minimum of ten (10) feet below
the ground surface, or 4) where electric facilities are located below ground, install the pipeline at
a depth that provides for a minimum of a ten (10) foot clearance between the pipeline and the
underground electric facilities.
24. No fire hydrants or manholes will be permitted within the right-of-way.
25. Any drainage feature, except as approved by this Encroachment on Easement, that allows water
to pond, causes erosion, directs stormwater toward the right-of-way or limits access to or around
Oncor's facilities is prohibited. Drainage facilitation will not be allowed to discharge into/onto
Oncor right-of-way.
26. No boring pits or other type of pits will be permitted within the right-of-way.
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City of Round Rock
I1EROUND
ROCK
xAs Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment on Easement Agreement with Oncor Electric
Delivery Company, Meritage Homes of Texas, LLC, and TriPointe Homes of Texas,
Inc. for encroachment into a portion of an Oncor Utility Easement recorded in
Document No. 9814583 of the Deed Records of Williamson County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/31/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Encroachment on Easement Agreement with Oncor (Do not record
Department: Planning & Development Services
Text of Legislative File CM-2022-002
This is a 3-way agreement between the City, Oncor, and the private land owner to clarify responsibilities
and restrictions where a floodplain and the code -required CoRR storm and drainage easement are on
private property and within the Oncor transmission easement. This agreement ensures that maintenance
responsibilities lie with the owner of the land and not with the City, but also ensures the City access
whenever required, e.g. a buildup of debris where the owner defaults on maintenance responsibilities and
which causes flooding issues or other hazards to residences, etc.
Cityof Round Rock Page 2 of 1