CM-2023-096 - 5/24/2023 ELECTRONICALLY RECORDED 2023042011
Williamson County,Texas Total Pages:23
CONSERVATION EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This Conservation Easement Agreement(this"Agreement")is executed as of
(the "Effective Date"),by and between City of Round Rock, a Municipality ("Grantor""), and Hili gation
Futures Coriscrvancy,a Texas Nonprofit Corporation("Q itee").
Recitals:
A. Grantor is the record owner of fee simple title to certain parcels of real property
consisting of 2,889 acres located and situated in Williamson County, Texas and more particularly
described in Exhibit "A" (the "Property") attached hereto and made a pail hereof The Property is also
referenced in Project No. SWF-2020-00330 and Conceptual Mitigation Plan dated February 9,2023.
B. Grantee is qualified to hold a conservation casement,and is either:
(a) a governinental body empowered to hold an interest in real property under the laws of
this State or the United States;or
(b) a charitable, not-far-profit or educational corporation, association, or trust, the purposes
or powers of which include one or more or the Purposes described in Recital D below.
C. The preservation of the Property is a condition of the Department of the Army Section
404 Permit Number 43 (USACE Project No. SNVr--2020-00330, dated March 28, 2023) or a revision
thereof(the Vcrmi '), and attached hereto as Exhibit "B". The Permit requires certain restrictions to be
placed on the Property in order to provide compensation for unavoidable adverse impacts to waters of the
United States. It is the intent of this Agreement and the Conservation Easement granted herein to assure
that the Property will be retained and maintained forever in the vegetative and hydrologic condition
described in the success criteria of the Mitigation Plan (attached hereto as Exhibit "C"). Any activities
not included in the Permit that may he conducted on the Property and that will affect the vegetative and
hydrologic conditions outlined in the success criteria of the Mitigation Plan, must be approved by the
United States Anny Corps of Engineers(the"USACE"),Fort Worth District,Regulatory Branch,prior to
initiation. The Conservation Easement granted by this Agreement is created pursuant to the Texas
Uniform Conservation Easement Act of 1983 contained in Chapter 183 of the Texas Natural Resources
Code.
D. WHEREAS, the purpose of the Conservation Easement includes but is not limited to one
or more of the following(the""Purposes""):
(a) retaining or protecting natural,scenic,or open-space aspects of the Property;
(c) protecting natural resources;
(d) maintaining or enhancing air and water quality;
(c) preserving the historical,architectural,archaeological,or cultural aspects of the Property.
E. The preservation of the Property is a condition of the Permit, required to mitigate for
unavoidable adverse impacts to waters of the United States. Grantor and Grantee agree that third-party
rights of enforcement shall be held by the USACE, Fort Worth District,and any successor agencies, and
that such rights are in addition to,and do not limit,the rights of enforcement under the Permit.
2023042011 Page 2 of 23
Aereement
NOW THEREFORE, for good and valuable consideration paid by Grantee, the receipt and legal
sufficiency of which are hereby acknowledged by Grantor, and in consideration of the covenants,mutual
agreements and conditions herein contained, Grantor has TRANSFERRED,BARGAINED, GRANTED,
SOLD, CONVEYED, ASSIGNED, SET OVER and DELIVERED, and by these presents does
TRANSFER,BARGAIN,GRANT, SELL, CONVEY,ASSIGN, SET OVER and DELIVER,to Grantee
a*conservation easement on, over, under, across, along and through the Property on the terms set forth
herein,together with all other rights reasonably necessary or desirable to accomplish the objectives of the
Mitigation Plan and the rights granted under this Agreement(the "Conservation-Eaggine '), subject to
the following terms,reservations,covenants,limitations and exceptions:
1. Duration of Easement. The Conservation Easement shalt be perpetual. The
Conservation Easement is an easement in gross,runs with the land,and is enforceable by Grantee against
Grantor,and Grantor's successors,assigns,lessees,agents,and licensees,
2. Property—Daerl . In addition to the metes and bounds legal description of the
Property set forth in Exhibit "A" and incorporated herein by reference for all purposes are metes and
bounds surveys of the Property by a Texas Registered Professional Land Surveyor.In connection with the
application for the Permit, Grantor has previously provided to the USAGE a copy of a wetland survey
map, which delineates all waters of the United States, including wetlands, within the Property. In
addition to the wetland survey,Grantor has also provided photographs of the Property.
3. Present Condition of the Property, The wetlands, scenic,resource,environmental,and
other natural characteristics of the Property,and its current use and state of improvement,are described in
Section 3.0 of the Mitigation Plan dated February 8,2023,prepared by Grantor and acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have
copies of this report. It will be used by the parties to assure that any future changes in the use of the
Property will be consistent with the terms-of this Conservation Easement. Howevor, this report is not
intended to.preclude the use of other evidence to establish the present condition of the Property if there is
a controversy over its use.
3. Prohibited Activities. Any activity on, or use o& the Property inconsistent with the
purpose of the Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and,kstricted from any development that would impair or interfere with the conservation values
of the Property—Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited,restricted,or reserved as indicated hereunder:
(a) Vegetation: There shall be no removing, destroying, cutting, trimming, mowing,
burning,harming, or altering of any vegetation, or disturbing or changing in any way the natural habitat
existing on the Property after the implementation of the Mitigation Plan. There shall be no use of
pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides
on the Property, except as expressly allowed in the Mitigation Plan. Limited mowing/trimming may be
conducted along fence lines to allow access for maintenance.
(b) Kg%: No commercial, agricultural, residential or industrial activity shalt he conducted
upon the Property.'11are shall be no storing or dumping of Roil,trash,ashes,garbage,waste,abandoned
vehicles, appliances,machinery,or hazardous substances,or toxic or hazardous waste,or any placement
of underground or aboveground storage tanks or other materials on the Property that may negatively
impact or be detrimental to the Properly or to the surface or subsurface waters of the Property. Livestock
animals shall not be allowed on the Property. Any right of passage for any activity or use set forth in this
paragraph is also prohibited
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(c) Topq There shall be no change in the topography of the Property except as noted
in the Mitigation Plan. There shall be no filling, excavating, grading, dredging,mining or drilling upon
the Property, and there shall be no removing of topsoil, peat, sand, gravel, rock, minerals or other
materials from the Property except to restore natural topography or drainage patterns.
(d) Soil or Water Degradation: There shall be no use of,or the conducting of any activity on,
the Property that causes or is likely to cause soil degradation, crosion., depletion or pollution of, or
siltation on, any Waco or subsurface waters of the Property, and there shall be no change to the surface
or subsurface hydrology of the Property in any manner except as noted in the Mitigation Plan. There
shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related
activities,or altering or tampering with water control structures or devices,or disruption or alteration of
the restored,enhanced,or created drainage patterns A=the implementation of the Mitigation Plan.
In addition, except as noted in the Mitigation Plan, diverting or causing or permitting the diversion of
surface or underground water into, within or out of the Property by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited. It is understood that with respect to the prohibited activities set forth in this Section 3(d
Grantor may not and will not engage in any such prohibited activities on the Property or on any other real
property owned by Grantor
(e) Construction There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement,billboard or other advertising display,antenna,utility pole,tower,conduit,
line,pier,landing,dock,or any other temporary or permanent structure or facility or any other man-made
structures on the Property except in connection with the repair, maintenance, or replacement (but not
cxpansion) of any structures and other improvements located on the Property as of the Effective Date of
this Agreement.
(f) Roads: There shall be no construction of new roads,trails,or walkways on the Property;
nor any enlargement,widening,improvement or modification to any existing roads,trails,or walkways or
any other rights of way on the Property.
(g) Waters: There shall be no polluting, altering, manipulating, depleting or extracting of
surface or subsurface water(including, but not limited to, ponds, creeks or other water courses) or any
other water bodies on the Property except as noted in the Mitigation Plan, and there shall be no
conducting or(to the extent in Grantor's control) allowing any entity or person to conduct activities on
the Property that would be detrimental to water purity or that alter the natural water level or flow in or
over the Property (including, but not limited to, damming,dredging or construction in any free flowing
water body,nor any manipulation or alteration of natural water courses,fresh water lake and pond shores,
marshes or other water bodies). It is understood that with respect to the prohibited activities set forth in
this Section 3W,Grantor may not and will not engage in any such prohibited activities on the Property.
(h) Vehicles: There shall be no operating or allowing the operation of any motorized
vehicles on the Property except to-fulfill the terms of the Mitigation Plan and this Agreement.
(i) Easements: There shall be no granting or conveying of any now casements on, over,
under, across, along or through the Property, including, but not limited to, access casements and utility
easements; provided, however, that pursuant to the Conservation Easement and in order to access the
Property to take such actions which are consistent with the Conservation Easement and the Permit,
Grantee and the USAGE have the right of pedestrian ingress and egress to and from,the Property.
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Sigaagg No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for use of the Property andJor signs identifying the Grantor as owner of
the property.
(k) Development Rights. No development rights that have been encumbered or extinguished
by this Agreement or the Conservation Easement granted herein shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or otherwise.
Other Prohibitions, Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of the Conservation EdgeuicnL granted herein, the preservation of the
Property in its natural condition,or the protection of its environmental systems,is prohibited.
4. Rights Reserved to Grantor. The'Grantor expressly reserves for itself, its successors
and assigns, the right of access to and the right of continued use of the Property for all purposes not
inconsistent with this Agreement and the Conservation Easement granted herein, including, but not
limited to,the right to quiet enjoyment of the Property,the rights of ingress and egress with respect to the
Property, the right to fence the Property and to prohibit public access thereto, and the right to the right to
sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale,transfer,or
gift conveyance is subject to the terms of, and shall specifically reference, the Conservation Easement.
Except as may be expressly provided otherwise in this Agreement, neither this Agreement nor the
Conservation Easement granted herein in any way limits,restricts or in any way affects any property of
Grantor other than the Property, including without limitation, any property adjacent to, surrounding or
near the Property.The rights conveyed by this Agreement and the Conservation FAsement granted herein
do not constitute a conveyance of a fee interest in the Property,nor of any of the mineral rights therein
and thereunder. The rights retained by Grantor as sot forth in this Section 4 are referred to hereinafter as
the"Reserved Rights".
S. Riakb of Grantee Grantee or its authorized representatives, successors, and assigns,
and the USACE, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting the Property to determine if the Grantor or any of its successors and assigns is complying with
the terms, conditions, restrictions, and Purposes of the Co'nservation Easement. The easement rights
granted herein do not include any public access rights. Grantee shall indemnify, defend and hold
harmless Grantor and its affiliates, partners, members, directors, officers, employees, agents and
contractors and the heirs, personal represontatives, successors and assigns of each of them from and
against any and all liability,loss,cost or damage arising out of or in connection with Grantee's exercise of
its rights under the Conservation Easement.
Nothing construed herein shall constitute an agreement by USACE to indemnify,defend or hold harmless
either Party,or any of the above-listed parties,from and against any liability,loss,cost or damage.
6. Liens and Taxes. Grantor shall keep the Property free of any and all liens, including,
without limitation, liens arising out of any work performed for, materials furnished to, or obligations
incurred by Grantor. Grantor shall pay before delinquency all taxes, assessments,fees, and charges of
whatever description levied on or assessed against the Property by competent authority, and shall upon
written request by Grantee furnish Grantee with satisfactory evidence of payment.
7. Enforcement In the event of a breach of this Agreement by Grantor,the Grantee,any
third party or any third party working for or under the direction of Grantor or the Grantee,the Parties and
the USACE shall be notified iminediately. If USACE becomes aware of a breach of this Agreement,
USACE will notify the Grantee and Grantor of the breach.
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20230420II Page 5 of 23
Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are reasonably
calculated to correct the conditions constituting the breach. If the conditions constituting the breach are
corrected in a timely and reasonable manner, no further action shall be warranted or authorized. If the
conditions constituting the breach are such that more than thirty(30)days are required to cure the breach,
Grantor shall not be in default hereunder if Grantor undertakes the cure of such breach during the thirty
(30)day period following notice of the breach and diligently pursues the cure of the breach to completion.
If Grantor fails to initiate such corrective action within thirty(30) days or fails to complete the necessary
corrective action,the Grantee may enforce the Conservation Easement by appropriate legal proceedings,
including an action for damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee
reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive relief or
other appropriate relief if the breach of any provision of the Conservation Easement is materially
impairing or would irreversibly or otherwise materially impair the benefits to be derived from the
Conservation Easement. Grantor and the Grantee acknowledge that under such circumstances,damage to
the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the
Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies
available to Grantee in connection with the Conservation Easement. The costs of a breach of this
Agreement and the costs of any correction or restoration, including the Grantee's expenses, court costs
and attorney's fees,shall be paid by Grantor. The USACE shall have the same right to enforce the terms
and conditions of the Conservation Easement as the Grantee.
Any forbearance or failure on the part of the Grantee or the USACE to exercise its rights in the event of a
violation shall not be deemed or construed to be a waiver of either Grantee's or the USACIVs rights
hereunder. Nor shall forbearance or failure to enforce any covenant or provision hereof ;hall discharge or
invalidate such covenant or provision or any other covenant,condition,or provision hereof or affect the
right to the Grantee and the USACE to enforce the same in the event of a subsequent breach or default.
Nothing contained in this Agreement or the Conservation Easement granted herein shall be construed to
entitle the Grantee to bring any action against Grantor for any injury to or change in the Property,or for
any violation of any covenant or provision of this Agreement,resulting from any prudent action taken in
good faith by Grantor under emergency conditions to prevent, abate,or mitigate significant injury to life,
damage to property or harm to the Property resulting from any of such causes. Further, upon release of
monitoring, nothing herein shall be construed to authorize the Grantee or USACE to institute any
proceedings against Grantor for any changes to the Protected Property caused by acts of God or
circumstances beyond the Grantor's control such as earthquake,fire,flood,storm,war,civil disturbance,,
the unauthorized acts of third persons,or similar causes.
8. Duration.The burdens of this Agreement and the Conservation Easement"I run with
the Property and shall be enforceable against Grantor and all future interests in and to the Property in
perpetuity.Grantor agrees that the future transfer or conveyance of any interest in or to the Property shall
at all times be subject and subordinate to the terms, conditions, restrictions and purposes of the
Conservation Easement and a reference to this Agreement shall be included in each instrument of transfer
or conveyance of any interest in or to the Property from and after the Effective Date;provided,however,
that nothing in this Agreement shall be construed to in any way limit Grantees ability to freely sell,
convoy,assign,or otherwise transfer the property interest and rights,or any portions thereof, granted by
this Agreement to any other person or entity.
9. General PM*ioul
(a) Notices Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses(or such address as may be hereafter specified by notice pursuant to this paragraph):
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2023042011 Page 6 of 23
To Grantor:
City of Round Rock
221 East Main Street
Round Rock,Texas 78664
With copicq to:
Stephanie G.Sandre,City Attorney
309 East Main Street
Round Rock,Texas 78664
To Grantee:
Mitigation Futures Conservancy
Attn: 'M9. Rae Lynn Schneider Reinecke
301 W Eldorado Parkway Ste 101
McKinney,Texas 75069
To the USACE:
Regulatory Branch
Fort Worth District
U.S.Army Corps of Engineers
(b) Severability, In the event any provision of this Agreement is determined by the
appropriate court to be void and unenforceable,all remaining terms shall remain valid and binding.
(c) Agreement Binding. The tenns, covenants, and conditions of this Agreement shall be
binding upon and shall inure to the benefit of Grantor, Grantee and their respective executors,
administrators, heirs, legal representatives, successors and assigns. Notwithstanding the, foregoing,
Grantee not may assign(i)this Agreement, or(ii) any rights or ititerests,in this Agreement, without the
prior written approval of Grantor and the USACE.
(f) Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of the Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to the Conservation Easement.
Grantor further warrants that Grantee shall have the use of and shall enjoy all the benefits derived from
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2023042011 Page 7 of 23
and arising out of the Conservation Easement, and that Grantor will warrant and defend title to the
Property against all persons claiming by,through or under Grantor,but not otherwise.
(g) Subsequent Transfers Grantor agrees to incorporate the terms of this Agreement and the
Conservation Basement in any deed or other legal instrument that transfers any interest in all or any
portion of the Property. Grantor agrees to provide written notice of such transfer at least thirty(30)days
prior to the date of the transfer. Grantor and Grantee agree that the terms of the Conservation Easement
shall survive any merger of the fee and casement interests in the Property or any portion thereof and shall
not be amended,modified'or terminated without the prior written consent and approval of the USACE.
(h) Assignment or 'Transfer. The parties recognize and agree that the benefits of the
Conservation Easement are in gross and assignable by the Grantee; provided,however,that the Grantee
hereby covenants and agrees that in the event it transfers or assigns the Conservation Easement, the
organization receiving the interest will be a qualified holder under applicable state and federal law. The
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the
transferee or assignee will be required to continue in perpetuity the conservation purposes described in
this Agreement.
(i) Obligations of Ownership. Grantee shall not be responsible for any costs or liability of
any kind related to the ownership,operation,insurance,upkeep,or maintenance of the Property,except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with any
federal,state,or local laws,regulations and permits that may apply to the Property in connection with the
exercise by Grantor of the Reserved Rights.
6) Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes as contemplated by this Agreement, the Conservation
Easement may only be extinguished,in whole or in part,by judicial proceeding in any court of competent
jurisdiction.
(k) 'Eminent Domain Whenever all or any part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the restrictions imposed by this Agreement and the
Conservation Easement,Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the fall value of the taking,and all incidental and direct damages due to the taking.
Proceeds. The Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of the Property is sold,exchanged,or involuntarily
converted following an extinguishment of all or any portion of the Conservation Easement, or following
the exercise of eminent domain, Grantee shall be entitled to the fair market value of the Conservation
Basement. The parties stipulate that the fair market value of the Conservation Easement shall be
determined by multiplying the fair market value of the Property unencumbered by the Conservation
Easement(minus any increase in value after the Effective attributable to improvements)by the ratio of the
value of the Conservation Basement as of the Effective Date to the value of the Property (without
deduction for the value of the Conservation Easement) at the time of this grant. The values as of the
'in this Section 90)shall be e values used,or which would have been
Effective Date and as referenced th al us ha e
used,to calculate a deduction for federal income tax purposes,pursuant to Section 170(h) of the Internal
Revenue Code of 1986, as amended(whether eligible or ineligible for such a deduction). Grantee shall
use its share of any proceeds in a manner consistent with the purposes of the Conservation Easement.
Nothing herein shall constitute a grant of real property or proceeds to the USACR.
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(m) Failure of Grantee. If at any time Grantee is unable or fails to enforce the Conservation
Easement,or if Grantee ceases to be a qualified grantee,and if within a reasonable period of tune after the
occurrence of any of such events, Grantee fails to make an assign inent of its interest pursuant to tile
Conservation Easement, then Grantee's interest shall become vested in another qualified grantee in
accordance with and as provided by an appropriate and final, non-appealable proceeding in a court of
competent jurisdiction.
(n) Amendment, This Agreement and the Conservation Easement granted herein may be
amended, but only in a writing signed by the Partica hereto; provided, however,that such amendment
does not affect the qualification of the Conservation Easement or the status of the Urantee under any
applicable laws, is consistent with the conservation purposes of this Agreement and the Conservation
Easement granted herein, and does not conflict with the Permit Number Nationwide Permit 43 (USACE
Project No. SWF-2020-00330, dated March 28, 2023) or its related Mitigation Plan. Notice.of such
amendment shall be provided to the USAGE.
TO HAVE AND TO HOLD the Conservation Easement for the purposes herein described,
subject,however, to the matters herein set forth and to all matters of record with respect to the Property,
unto Grantee, its successors and assigns, forever,and Grantor does hereby bind itself,its successors and
assigns to wan-ant and defend the Conservation Easement and the rights granted herein, unto Grantee,its
successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any
part thereof by,through or under Grantor,but not otherwise.
[SIGNATURE PAGE FOLLOWS]
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2023042011 Page 9 of 23
EXECUTE-D and DELIVERED to be effective as of the EtTwive Date.
GRANTOR:
CITY(.)F ROLJNI) ROCK,
WILLIAMSON COUNTY,TEXAS
By:
Any: 6x,At
'ride
GRANTEE:
M ITICATTON FUTURES CONSERVANCY
By:
Name:
'title:
wmmvw
[ACKNOWLEDGMENTS FOLLOW)
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2023042011 Page 10 of 23
STATE OF TEXAS §
COUNTY OF brl% §
This instrument was acknowledged before me C)axi-St%,jj►v 4,,an
behalf of City of Round Rock,a Municipality.
ri rr t �'�
- ---------
I. 1 11",,
IName:
WNIQUEADAMS
Notary Public, 'tate of Texas
My Maury ID#1202679I3
mh 22,2026
EVies Ma
My commission expires: 2_Ce;
STATE OF TEXAS §
COUNTY OF &IIl n § 3/1%j; 7;L3
This instrument was acknowledged before me on finsea tlaie3 by Rae Lynn Scluicider Reinecke,
Director and Chairman,on behalf of Mitigation Futures Conservancy.
WDEUSIHATHRELKELD Name:
Notary Public Notary Public,State of Texas
STATE OFTEXAS My commission expires-a[M[20a-7
commisslon Explrb$02JI M021
Nota ID#13165997-2
After recording return to:
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2023042011 Page 11 of 23
I
E,,Mbit A
Le
Conservation Easement Ap ejnent
Metes and Bounds Legal Description of the
Property
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2023042011 Page 12 of 23
CP&yj Partners for a Better Quality of Life
2.889 ACRE TRACT
Owner:City of Round Rock
Page 1 of 3
METES & BOUNDS OF A 2.889 ACRE TRACT
BEING A 2.889 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY
SURVEY, ABSTRACT NO. 524, IN THE CITY OF ROUND ROCK, WILLIAMSON
COUNTY,TEXAS; SAID 2.889 ACRE TRACT BEING COMPRISED OF A PORTION
OF LOT 5, BLOCK D, LAKESIDE SUBDIVISION SECTION THREE,AS RE=CORDED
IN CABINET V, SLIDES 22-24, PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS AND A PORTION OF A CALLED 43.524 ACRE TRACT OF LAND AS
DESCRIBED IN A GIFT DEED TO THE CITY OF ROUND ROCK, TEXAS, AS
RECORDED IN DOCUMENT NO, 9730900 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 2.889 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING at a 112-inch iron rod found at the common southeast corner of Lot 17, Block D,
Meadow Lake Section One-13 Revised, as recorded in Cabinet P, Slides 217-219 of the Plat
Records of Williamson County, Texas and an angle point on the west line of said 43.524 acre
tract;
THENCE through the interior of said 43.524 acre tract, (1-1) North 4810 13' 15" East, a distance of
20.95 feet to a 518-inch iron rod with yellow cap stamped"CP&Y" set having Texas Central Zone
Coordinate System grid values of Northing=10,174,271,8, Easting=3,137,560.0, for the northwest
corner and POINT OF BEGINNING hereof;
THENCE continuing in part through the interior of said 43.524 acre tract and in part through the
interior of said Lot 5, the following eight(8) courses and distances:
1) North 66°48' 08" East, a distance of 184.44 feet to a 5/8-inch iron rod with yellow cap
stamped"CP&Y" set for the northeast corner hereof;
2) (L2)South 23° 32' 21" East, a distance of 174.38 feet to a 5/8-inch iron rod with yellow cap
stamped "CP&Y"set for an angle point hereof;
3) South 12°01' 12" f=ast, a distance of 435.65 feet to a 518-Inch iron rod with yellow cap
stamped "CP&Y"set for the southeast corner hereof, from which a 1/2-inch iron rod found for
the southwest corner of said Lot 5 bears, (1-3) North 03° 15' 04" West, a distance of
122.28 feet;
1 Chlshakm Tray,Sulto 130
Round Rock,Texas 78981
79PE A F-1741
MPLG 0101%/1 is
(py 512,24$.00W(0 612.240.0359 'j
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2D23042011 Page 13 of 23
Page 2 of 3
4) South 68" 38'2311 West, a distance of 241.13 feet to a 518-inch iron rod with yellow cap
stamped"CP&Y" set for the southwest corner hereof;
5) North 06*21114"West, a distance of 429.28 feet to a 5/8-inch iron rod with yellow cap
stamped"CP&Y" set for an angle point hereof,
6) (1-4) North 24' 37' 01" East, a distance of 31.44 feet to a 518-inch iron rod with yellow cap
stamped"CP&Y"set for an angle point hereof',
7) (1-5) North 320 42' 1111 West, a distance of 84.38 feet to a 518-inch iron rod with yellow cap
stamped"CP&Y" set for an angle point hereof;
8) (1-6) North 18'401 63"West, a distance of 79.08 feet to the POINT OF BEGINNING and
containing 2,889 acres of land, more or less, based an the survey performed by CP&Y, Inc.,
Round Rock,Texas.
This metes and bounds description is accompanied by exhibit drawing A-5351.
Bearings are based on the Texas Coordinate System (Central Zone, NAD83), which is based on
Ti&imble's Central Texas GPS Cooperative CORS RTK Network.
That 1, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the
above description and exhibit drawing A-5351 attached hereto 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.
OF
..............
INK M..FUR.E.F.R.-Y.-
TDa—niel M Flaherty, R.P.L.S. No, 6004 .............................
CP&Y, an STV Company Cr 9 .,P 5004 A- ot�"0
/f jOne Chisholm Trail, Suite 130 O
su
Round Rock, Texas 78681
Ph. (512)248-0065
TBPELS Firm No. 10194126
Project No, 1600833-Phase 17 05-04-2023
Date
Partners for a Better Quality of Life C Wy
J
2023042011 Page 14 of 23
14 EXHIBIT A'
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
2.889 ACRE TRACT LOCAT&D IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 824, WILLLIMSON
COUNTY, TEXAS AND BEING COMPRISED OF A PORTION OF ,LOT 6, BLOCK D, LAAWSIDN SUBDIVISION
SECTION THREE, RECORDED IN CABINET V, SLIDES 22 TO 24 OF THE PLAT .RECORDS OF
WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 43.624 ACRD" TRACT OF LAND
DESCRIBED IN A GIFT DRED TO THE CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO.
8730900 OF THE OPFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
'4 \ THOMAS TOBY SURVEY
C', ABSTRACT NO. 624
�+ �' �,� WILLIAMSON COUNTY, TEXAS
a rr
SITE Q ,th
LOT I
BLOCK O
� 4'rfa•�,
SL S eLw. LAKESDE SUBDIVISION
Mfi to ► CA .SECTION THREE24
P.R.W.C.r
C LOT 8
VICINITY MAP 'b t t1 *� r•;1�-? ?'�'. BLOCK D
NOT TO SCALE e,0 L9..t•4,�.,...
CITY OF ROUND ROCK
DOC. NO 2OD5044403
a-.. .,
tEr1GTH
FIELD NOTE 'S SCALE. Y` ZOO'
LINE TABLE ; ..1;:Y d,;. � -.
LINE i :_
NE E `
PRINT v a?kljak
P Lt N 4a'13'15` E 2D.89'
L2 S 2322'01• E 174.38' FIRLD NOTE 1;~� w 8 OCKgD
/ i'1 POINT OF �'�.J ;h� .>• ;�. Y
L3 N 03"15`04" W 12229' BEGINNING ?.�r+.",:^•:}.�•.p.+L.;,�,.'0.4 `L4 N 24370T` E 31, GRID N:10,174LB
•^'
/
/p� C @L yt
1 GR1O Fra 137 S60.V
L5 N 32'42"11' 1H a4.38
L9 N 1940'93' W 79,00" 2889 ACRE TRACT OF LAND
u, �& Stu; rt�,�',+�? (125,951 a 91)
•w,, r•..ei0 i,;,r�:�•:,5,;r�'�1 yeti
4' REMAINDER PORTION
,r�".;.r, ,+ ,.;.f•- OF CALLED 885.060 ACRES
AVERY CENTRE DEVCO, INC,
„•.,..: DOC NO. 20086722,0
CALLED 43.s24 ACRES .."� `�" O.P.R.W.C.T.
CITY OF ROUND ROCK, TEXAS
Dee. NO. 9730900 5
O"R•W,C,T
GENERAL NMS'
LEGEND 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS,
•a 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
0= 5/9" IRON RDD WITH YELLOW CAP STAMPED -CP&Y- SET CONDITIONS THAT MAY BE APPLICABLE.
A- CALCULATED POINT 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
01 P.R.W.Mt- PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS 4,) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
?1 D.R.W.C.T.= DEED RECORDS OF iMULIAMSON COUNTY, TEXAS 5.) BEAPJNGS ARE BASED ON THE TEXAS COORDINATE SYSTEM (CENTRAL
�3 O.R.W.C.T.� OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS ZONE, NAD83) WHICH IS BASED ON TRIMBLE'S CENTRAL TEXAS CPS
a O.P.R.W.C.T. Q OFFICIAL PUBLIC RECORDS OF WTLLIAMSON COUNTY, TEXAS COOPERATIVE CORS RTK NETWORK.
c
1 Chisholm Trail, Suite 130 OF
Round Rock,Texas 78681 512.248,0065Q�ops"'T,
TEXAS REGISTERED ENGINEERING FIRM F-1741X4'0
......1111..............«..1
TBPELS 1 0194125 QAiAlIEL M.fIANERTY
1.11 11......1.14.1........1......
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT 000 5004 v-/
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND ��jiXI.. 8�o„`'�
SURVEYS IN THE STATE OF TEXAS. THIS 4111 DAY OF / 2023. SUR`I�'
SURVEYED:
OCTOBER 2021 & MAY 2023 ANIEL�M. IRTY RPkS NO. SO 3 DF 3
12 0 200 400 PLAT No. A-5361 DRAFT DWTE 05-04_-2 DRAWN BY IAB
a SCALE WORK ORDER NO. 1600833 FIELDBOOKS 484, 550 TAB � .... E5MT
G 0 2023 ALL RIGHTS RESERVED DIGITAL FILE 11300$338-17 ES T F/N 01
20230420111 Page 15 of 23
Exhibit E
tD
Conservation basement Agreement
The Permit
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2023042011 Page IS of 23
DEPARTMENT OF THE ARMY
U.S.ARMY CORPS OF ENGINEERS,FORT WORTH DISTRICT
P.O.BOX 17300
FORT WORTH,TEXAS 76102-0300
2
February 25, 2023
Regulatory Division
SUBJECT: Project Number SWIF-2020-00330, Dam 101
Ms.Alysha Girard
Upper Brushy Greek Water Control& Improvement District
406 Texas Avenue
Round Rock, Texas 78664
aIysha.airard@ubcdams.or_a
Dear Ms. Girard:
This letter is in regard to information received July 29,2021, and multiple subsequent
submittals received through February 9, 2023, concerning a proposal by Upper Brushy Creek
Water Control& Improvement District to construct Flood Prevention Dam 101 within Lake Creek
Watershed located in the City of Round Rock,Williamson County, Texas.This project has been
assigned Project Number SWF-2020-00330. Please include this number in all future
correspondence concerning this project.
Under Section 404 of the Clean Water Act, the U,S.Army Corps of Engineers (USACE)
regulates the discharge of dredged and fill material into waters of the United States, including
wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to
regulate any work in, or affecting, navigable waters of the United States. Based on the
description of the proposed work, and other information available to us,we have determined this
project will involve activities subject to the requirements of Section 404.
We have reviewed this project under the pre-construction notification procedures of
Nationwide Permit General Condition 32 (Federal Register, Vol. 86, No. 8, Wednesday, January
13, 2021).We have determined the discharge of dredged or fill materials into waters of the
United States associated with this project is authorized by Nationwide Permit 43 for StOFmwater
Management Facilities. To use this permit, the permittee must ensure the work is in compliance
with the specifications and conditions for the permit listed above, found at
htti)s://www.swf.usace.army.mil/Missions/Regulatory/Permittin-q/Nationwide-General-Permits/.
and the special conditions listed below. Additionally, all activities must comply with the water
quality certification conditions of the Texas Commission on Environmental Quality(TCEQ)
located at
h!tps:/IvAvw.swf.usace.army-.mil/Portals/47/docs/regulatory/Permitting/General�/a2OPermitti iTX
,
401 c_ert.pdf?ver--rie8wttu6MRCA2s6()4gQMg%3d%3d.
2023042011 Page 17 of 23
2
The special conditions are as follows:
1) The permittee shall Implement and abide by the mitigation plan titled"Off-Site,
Permittee Responsible Mitigation Plan, Dam 101 Flood Mitigation Project, Williamson
County,Texas.'prepared by AECOM,Received February 9, 2023. The permittee shall
implement the mitigation plan concurrently with the construction of the project and
complete the initial construction and plantings associated with the mitigation work prior
to completion of construction of the Dam 101 project. Completion of all elements of this
mitigation plan is a requirement of this permit.
2) Provide the USACE Fort Worth Regulatory Division Office with a fully executed and
recorded conservation easement as proposed in the above referenced mitigation plan
within 30 days of the date of this letter.
3) This USACE permit does not authorize you to take an endangered species, in particular
the Bons Cave harvestman(Texella reyesb,Tooth Cave spider(Tayshanets myopics),
and Jollyville Plateau salamander(Eurycea tonkswae). In order to legally take a listed
species, you must have separate authorization under the Endangered Species Act
(ESA) (e.g., a permit under section 10 of the ESA, or a biological opinion (130) under
Section 7 of the ESA,with an incidental take provisions with which you must comply).
The enclosed U.S. Fish and Wildlife(FWS) 60 for consultation number 2022-0040601
dated February 2,2023, contains mandatory terms and conditions to implement the
reasonable and prudent measures that are associated with an Incidental take that Is
also specified in the 130. Your authorization under this USACE permit is conditional
upon you Implementing and abiding by all project elements identified in the enclosed
FWS BO and your compliance with all of the mandatory terms and conditions
associated with and identified In the enclosed BO. The terms and conditions of the BO
are incorporated by reference In this permit. Failure to comply VM the terms and
conditions associated with incidental take,where a take of the listed species occurs,
would constitute an unauthorized take, and it would also constitute non-compliance with
your USACE permit However,the FWS Is the appropriate authority to determine
compliance with the terms and conditions of Its BO, and with the ESA. For further
clarification on this point, you should contact the FWS. Should the FWS;determine that
the conditions of the BO have been violated,the FWS will enforce the violation of the
ESA, or refer the matter to the Department of Justice.
Please note that the USFWS biological opinion Includes a section of conservation
recommendations that if implemented,would further minimize the potential Impacts of
the project on federally listed threatened and endangered species. While these
recommendations are not conditions of this authorization,we encourage you to include
each of these recommendations in this and future projects that may affect the species in
question.
4) Please note: If long term monitoring of the project site indicates sedimentation beyond
that anticipated in the material submitted, additional compensatory mitigation may
become required.
2023042011 Page IS of 23
3
5) Prior to initiation of work, the applicant shall conduct a pre-construction meetings with
project contractors to ensure all elements of this permit action, including mitigation work
is understood and followed. Within 15 days of these meetings, a written summary
including the names and roles of all parties present shall be sent to the USACE.
Failure to comply with these specifications and conditions invalidates the authorization and may
result in a violation of the Clean Water Act.
Our verification for the construction of this activity under this nationwide permit is valid until
March 14, 2026, unless prior to that date the nationwide permit is suspended, revoked, or
modified such that the activity would no longer comply with the terms and conditions of the
nationwide permit on a regional or national basis. The USACE will issue a public notice
announcing the changes when they occur. Furthermore, activities that have commenced,or are
under contract to commence, in reliance on a nationwide permit will remain authorized provided
the activity is completed within 12 months of the date of the nationwide permit's expiration,
modification, or revocation, unless discretionary authority has been exercised on a case-by-
case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e)
and 33 CFR 330.5(c)or(d). Continued confirmation that an activity complies with the
specifications and conditions, and any changes to the nationwide permit, is the responsibility of
the permittee.
The permittee must sign and submit to us the enclosed certification that the work, including
any proposed mitigation,was completed in compliance with the nationwide permit. The
permittee should submit the certification within 30 days of the completion of work.
This permit should not be considered as an approval of the design features of any activity
authorized or an implication that such construction is considered adequate for any purpose
intended. It does not authorize any damages to private property, invasion of private rights, or
any infringement of federal, state, or local laws or regulations.
Thank you for your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please refer to our website at
http:l/www.swf.usace.army.mil/Migsions/Re-gulatory.or contact Mr. Frederick J. Land at the
address above, by telephone(817)886-1729, or by email FredJ,LandQ.Usace.armv,mil, and
refer to your assigned project number,
2023042011 Page 19 of 23
Please help the regulatory program improve its service by completing the survey on the
following website: https://regulato!y.ol2s,usace.army.mil/customer-service-survev/.
Sincerely,
For: Brandon W. Mobley
Chief, Regulatory Division
Enclosures
Biological Opinion 2022-OD40601
Permit Compliance Certification
Copy Furnished:
Ms. Donelle Robinson
donelle robinsonCcD-fWs.-qov
Ms. Jennifer Oakley
ennifer.p.oakley0aecom.com
2023042011 Page 20 of 23
PERMIT COMPLIANCE CERTIFICATION
U.S, Army Corps of Engineers Project Number: SWF-2020-00330
Type of Nationwide: NW1P 43
Name of Permittee: Upper Brushy Creek Water Control& Improvement District
406 Texas Avenue
Round Rock,Texas, 78664
Date of Issuance: February 27,2023
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following email address'.
CiE-aWF--C-Qmt)liance@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification,or revocation.
I hereby certify that the work authorized by the above referenced permit was completed
in accordance with the terms and conditions of the said permit, and required mitigation
was completed in accordance with the permit conditions.
Signature of Permittee Date
2023042011 Page 21 of 23
-DEPARTMENT OF-T-HE-ARMY
U.S.ARMY CORPS OF ENGINEERS,FORT WORTH DISTRICT
P.O.BOX 17300
FORT WORTH,TEXAS 76102-0300
March 28,2023
Regulatory Division
SUBJECT. Project Number SWF-2020-00330, Dam 101
Ms. Alysha Girard
Upper Brushy Creek Water Control & Improvement District
406 Texas Avenue
Round Rock, Texas 78664
aIysha.girard(&-ubcdams.or-q
Dear Ms. Girard:
This letter is in regard to an email received Match 9, 2023, requesting a modification to a
Department of the Army permit special condition related to the Flood Prevention Dam 101 within
Lake Creek Watershed located in the City of Round Rock,Williamson County, Texas. This
project has been assigned Project Number SWF-2020-00330. Please include this number in all
future correspondence concerning this project.
We have reviewed and hereby approve your request. The permit verification for Permit
Number SWF-2020-00330 is modified as follows:
Revise special condition number 2 to read as follows:
"Provide the USACE Fort Worth Regulatory Division Office with a fully executed and
recorded conservation easement as proposed in the above referenced mitigation plan prior
to ground disturbing activities within waters of the U.S."
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect.
We appreciate your interest in our nation's water resources, and your cooperation in
complying with our regulatory program. If you have questions in the future, please refer to our
website at hftr)://www.swf.usace.army.mil/Missions/Regulatory or contact Mr. Frederick J. Land
at the address above, by telephone(8 17) 886-1729, or by email Fred.J.Landow sace,army.mil
Sincerely,
For: Brandon W. Mobley
Chief, Regulatory Division
2023042011 Page 22 of 23
-2-
Copies Furnished:
Ms.Jennifer Oakley
iennifer.[D.oakIevft_aecom.com
2023042011 Page 23 of 23
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023042011
Pages* 23 Fee: $110.00
05/24/2023 09:34 AM
OSALINAS
Nancy E. Rister, County Clerk
Williamson County,Texas
/,WIN /Olb\
City of Round Rock
ROUND
ROUNDROCK
_OU
-PTEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Conservation Easement Agreement with Mitigation Futures
Conservancy regarding 2.889 acres of City-owned land for the Dam 101 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/12/2023
Dept Director: Michael Thane,Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: LAF-Conservation Easement Agreement-Dam 101 Mitigation,Conservation
Easement Mitigation Futures Conservancy Dam 101,Location Map(1)
Department: Utilities&Environmental Services
Text of Legislative File CM-2023-096
The City,as part of a previous Dam 101 agreement between the City and Upper Brushy Creek WCID,
agreed to grant a conservation easement to the Army Corps of Engineers(USACE)for the construction of
the mitigation plan required for the disturbance of jurisdictional waters from the construction of Dam
101.This agreement is for dedicating a conservation easement to Futures Conservancy,a Texas Nonprofit
Corporation.The easement is a 2.889 acres site granted by the city located along Chandler Branch
Tributary 3A to Meadow Lake.
USACE is requesting signatures for the Easement Agreement prior to issuing the final permit for Dam 101.
The grantor(City)must sign the agreement first and then mail the agreement to Futures Conservancy for
their signature and recordation.
After recordation,the district WCID will use this site to construct the mitigation plan.The City has agreed
to commit to the long-time stewardship of the mitigation plan as required by USACE, including preserving
the Stormwater Mitigation Plan (SWMP)site in Its newly reestablished state in perpetuity.
WyofRound Rack Page 1 of I