CM-2022-145 - 6/24/2022ELECTRONICALLY RECORDED 2022078033
Williamson County, Texas Total Pages: 9
601"1 U11 916
THE STATE OF TEXAS §
§ KNOW ALL BV THESE PRESENTS:
COUNTV OF WILLIAON §
That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties
• 10
W*41MILIJ
IN WITNESEREOF, the City of Round Rock, Texas has caused this instrument to be
executed on this day of the month of 2022.
11 Ta N W. VTO "a,
CITY OF ROUND ROCK, TEXAS
Bj
6Zf4V 7"Aley, City Manager
4859-7088-1829
EVAC2204-0001
2022078033 Page 2 of 9
i
This instrument was acknowledged before me on this the ;4�P4--
day of the month of
2022, b)__ ey, ity Manager for the City of Round Rock, Texas in the capacity
and' r the purpp afid consideration the in expr ssed.
Notary Texas 1262 7913
,2026
Bagdad301 W. 1
Round Rock, TX 78664
2022078033 Page 3 of 9
Exhibit "A"
ELECTRONICALLY RECORDED 2022030981
Williamson County, Texas Total Pages: 7
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
WASTEWATER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That KB HOMIR LONE STAR INC., a Texas corporation, whose address is 10800 Pecan Park
Boulevard, Suite 200, Austin, Texas 78750, and its successors and assigns (hereinafter referred to as
"Grantor"), for and in consideration of the sum of TEN and N0/100 DOLLARS ($10.00) and other good
and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a Texas municipal
corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round
Rock, Williamson County, 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:
Being all of that certain 0.511 acre (22,257 square feet) tract of land situated in the Henry
Millard Survey, Abstract Number 452, Williamson County, Texas, being more
particularly described as being a portion of a called 29.882 acre tract of land conveyed to
KB Home Lone Star Inc., in Document No. 2021089806, Official Public Records of
Williamson County, Texas (O.P.R.W.C.TX.), being also a portion of a called 15.042 acre
tract of land conveyed to KB Home Lone Star Inc., in Document No. 2020097471,
O.P.R.W.C.TX.; said 0.511 acre tract being more particularly described by metes and
bounds and by sketch as set forth in Exhibit "A," attached hereto and incorporated herein
by reference for all purposes.
This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to
the hereinabove 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 area
covered by this grant without the express written consent of Grantee, which consent shall not be
unreasonably withheld, conditioned or delayed. Grantee shall have the right to review any proposed
easement or conflicting use of the easement to determine the effect, if any, on the wastewater lines
contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable
4691.213 t-2275 as2
EDZ202.0003
2022078033 Page 4 of 9
Exhibit "A" 2022030991 Page 2 of 7
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 3400 Sunrise Road, Round Rock, Texas 78665. Following receipt
of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting
consent, conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement 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 and 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 and at its sole
cost and expense, 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 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;
(d) the right to grade the easement for the full width thereof and to extend the cuts and tills
for such grading into and on the land in the easement 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 and to trim and to cut down and clear away any
trees on either side of the easement which now or hereafter in the reasonable opinion of
Grantee may be a hazard to the wastewater lines, valves, appliances, fittings, or other
improvements 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 shall not trim and/or cut down and clear away any trees and/or brush
outside of the Easement Area without the prior written consent of Grantor, and shall be
removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
2
2022078033 Page 5 of 9
Exhibit "A" 2022030981 Page 3 of 7
(g) the right to support the wastewater lines across ravines and watercourses with such
structures as Grantee shall deem necessary.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement; and
(b) Grantee shall promptly backfiil any trench made by it on the easement and repair any
damage it shall do to Grantor's private roads or lanes on the lands.
Notwithstanding anything in this instrument to the contrary, 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, 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 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, 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 the easement. Provided however, before constructing any non -interfering
improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee
of the general plans of the improvement to be constnxted on the easement, and Grantor must first obtain
the consent and approval from Grantee of the construction and location of any improvements within the
easement, which consent and approval shall not be unreasonably withheld, conditioned or delayed.
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 for the
purposes stated herein.
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 some, or any part thereof.
[Signatures and acknowledgement on the following page]
9
2022078033 Page 6 of 9
Exhibit "A" 2022030981 Page 4 of 7
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this ?� day of
2022.
GRANTOR:
KB HOME LANE STAR INC.,
a Texas corporation
Name:.10,01 Z- yll m e_U e r
Title: Uk 1 eS Q,,r1 k
THE STATE OF §
COUNTY OF 111 §
This instrument was acknowled ed before me on this the � day of the month
of, , 2022, by (Name), 1('�P '1� ,f lILL%o (Title). of
KB HOME LONE STAR INC., a Texas corporation, 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.
/LAJ
:* NOTARY PUBLIC
Lp
.,.'Sli ed�e� S aLe!
rN
W. ,1�`` COW. M.0443-2022 <UOL Z a'( v`G
Printed Name
Aker executing, please return to:
Planning and Development Services
301 West Bagdad Avenue, Suite 210
Round Rock, TX 78664
4
Notary Public, State of RMT
2022078033
Page 7of9
I� r ofE 0.511 ACRES (22,257 SO, FT.)
HENRY MILLARD SURVEY
ABSTRACT NUMBER 452
WILLIAMSON COUNTY TEXAS
METES & BOUNDS
BEING ALL OF THAT CERTAIN 0511 ACRE 122,ZS7 SQUARE FEET) TRACT OF LAND SITUATED IN THE HENRY MILLARD
SURVEY, ABSTRACT NUMBER 4S2, WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS BEING A
PORTION OF A CALLED 29.882 ACRE TRACT OF LAND CONVEYED TO KB HOME LONE STAR INC., IN DOCUMENT
NUMBER 2021089806, OFFICIAL PUBLIC RECORDS OF WILIAMSON COUNTY, TEXAS, (O.P.R.W.C.TX.), BEING ALSO A
PORTION OF A CALLED 15.042 ACRE TRACT OF LAND CONVEYED TO KB HOME LONE STAR INC., IN DOCUMENT
NUMBER 2020097471, O.P.R.W.C.TX., SAID O.S11 ACRE (22,ZS7 SQUARE FEET) TRACT OF LAND, BEING MORE FULLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2" Iron rod found, being in the east right-of-way line of County Road 110 (R.O.W, varies), also
being the southernmost corner of lot 81, Block A, Salerno, Phase 1 Subdivision, recorded in Document Number
2021082486, O.P.R.W.C.TX., also being the westernmost corner of lot 4, said Siena Section 30, fort he POINT OF
COMMENCEMENT of the herein described tract,
THENCE, over and across said Salerno, Phase 1 and said 15.042 acre tract of land, N50'2416"E, a distance of 527.61 feet
to a calculated point, being In the southeast line of a 20' wastewater easement recorded In Document Number
202105864, O.P.R.W.C.TX., for the POINT OF BEGINNING of the herein described tract,
THENCE, over and across said 15.042 acre tract and with the east line of said 0.265 acre wastewater easement, the
following two 12) courses and distances, numbered 1 and 2,
1. N39'30'33"E, a distance of 20.66 feet to a calculated point, for corner, and
2. N21000'53"W, a distance of 21.83 feet to a calculated point, for corner
THENCE, over and across said 15.042 acre tract and said 29.882 acre tract, the following five (S) courses and distances,
numbered 1 through 5,
1. 1468059'071, a distance of 636.82 feet to a calculated point, for corner
2. N62642'54"E, a distance of S3.80 feet to a calculated point, forcorner, at a point of curvature to the right,
3. with said curve to the right, having a radius of 50.00 feet, an are length of 32.72 feet, and whose chord bears
S21059'42"E a distance of 32.14 feet, to a calculated point, for corner, from which a 1/2" capped Iron rod found
bears N76'07'44"E, a distance of 1273.23 feet, being the southernmost corner of Lot 103, Block UU, Siena
Section 14 Subdivision, recorded In Document Number 2020023552, O.P.R.W.C.TX., being also In the northwest
line of tot 105, Block UU of said Siena Section 14 Subdivision, same being the southeast corner of said 29.882
acre tract,
4. S62'42'54"W, a distance of 52,59 feet to a calculated point, for corner, and
S. S68059'07"W, a distance of 656.SS feet to the POINT OF BEGINNING and containing O.S11 acres (22,257 Square
Feet) of land.
r
Surveyed by.10
:---_C.7
AARON V. THOMASON, RPLS NO.6214
Carhop, &!ponce and D"Mg, Inc.
REG. N 10024900
SS01 West William Cannon
Austin, TX 78749
Ph: 522-280-S160
aaron#pcbdenR.com
BEARING BASIS: TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE (4203)
N
0
ti
J:\ACSD\5280\Survey\FIELDNOTES\FN-O.SILAC WW ESMT.dot
2022078033 Page 8 of 9
i�
.1
1�1�1 At
., UW
t•ro�a ��`
I "ROD
IIM c"
I � �
. j"
I dog
I~INI�I� � •�
0
(SOYA OW)
orr 6YON AJMOO
lull
a7,�,p
rs
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2022078033 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022078033
Pages- 9 Fee: $58.00
06/28/2022 02.50 PM
KCURRIE
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas