R-2023-366 - 11/2/2023 RESOLUTION NO.R-2023-366
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock ("City") wishes to enter into an Interlocal Agreement
with the City of Georgetown ("Georgetown") regarding the relocation of a portion of the City's raw
water line which conflicts with Georgetown's improvement project for D.B. Wood Road, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement with the City of Georgetown, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 2nd day of November, 2023.
1A Al'
C RG , Mayor
City of Round ock,Texas
ATTEST:
4�lz ,— %�IrIff
MEAGAN S KS, ty Clerk
0112.20232;4875-494-6826
EXHIBIT
„A►,
INTERLOCAL AGREEMENT BY AND
BETWEEN ROUND ROCK AND GEORGETOWN
This Interlocal Agreement by and between Round Rock and Georgetown ("Agreement")
is entered into between the City of Round Rock, Texas, a home rule municipality ("Round
Rock"), and the City of Georgetown, Texas, a home rule municipality ("Georgetown"). In this
Agreement, Round Rock and Georgetown are sometimes individually referred to as "a Party"
and collectively as "the Parties".
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal
Corporation Act provides that any one or more public agencies may contract with each other for
the performance of governmental functions or services for the prevention and protection of the
health and safety of the inhabitants of this State and the mutual benefit of the Parties; and
WHEREAS, Georgetown has plans to widen D.B. Wood Road north of State Highway
29, (the "Project"); and
WHEREAS, Round Rock has an existing 30-inch raw water transmission main along
D.B. Wood Road which conflicts with the Project; and
WHEREAS, Georgetown and Round Rock wish to cooperate regarding the mutual
responsibilities, obligations, and duties as stated herein for the relocation of a portion of Round
Rock's raw water line, and the construction of the Project;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements contained in this Agreement, the Parties agree as follows:
I.
Purpose
The general purpose of this Agreement is to provide for the cooperation of Georgetown
and Round Rock in the relocation of a portion of Round Rock's 30-inch raw water transmission
and the widening of D.B. Wood Road.
H.
Description of Project and Raw Water Line Conflicts
2.01 At two locations shown on Exhibit "A," Georgetown intends to install
stormwater infrastructure facilities over Round Rock's raw water line.
2.02 Along D.B. Wood Road, north of La Mesa Lane, Georgetown intends to extend the
earthen embankment over the location of Round Rock's water line.
III.
Georgetown's Responsibilities
3.01 In conjunction with the aforesaid construction of the two stormwater infrastructure
facilities, Georgetown agrees to install split-steel encasement around the water line.
3.02 In conjunction with the aforesaid construction of the extension of the earthen
embankment over the present location of Round Rock's raw water line, Georgetown agrees
to grant to Round Rock an exclusive easement within and adjacent to the edge of the D.B.
Wood Road right of way for the relocation of Round Rock's raw water line. A copy of the
easement is attached hereto as Exhibit "B."
IV.
Round Rock's Responsibilities
4.01 Round Rock agrees to reimburse Georgetown for the actual cost of the two
stormwater infrastructure facilities described in 2.01 above.
4.02 Round Rock agrees to relocate, at its cost, the raw water line at the location
described in 2.02 above.
V.
Default
5.01 Material Breach: Notice and Opportunity to Cure.
(a) In the event that either Party believes that another Party has materially breached one
of the provisions of this Agreement, the non-defaulting Party will make written demand to cure
and give the defaulting Party thirty(30)days to cure such material breach or,if the curative action
cannot reasonably be completed within thirty (30) days, the defaulting Party will commence the
curative action within thirty (30) days and thereafter diligently pursue the curative action to
completion. Notwithstanding the foregoing, any matters specified in the default notice which may
be cured solely by the payment of money must be cured within ten (10) days after receipt of the
notice. This applicable time period must pass before the non-defaulting Party may initiate any
remedies available to the non-defaulting party due to such breach.
(b) Any non-defaulting Party will mitigate direct or consequential damage arising from
any breach or default to the extent reasonably possible under the circumstances.
5.02 Agreement's Remedies Not Exclusive. The provisions of this Agreement
providing remedies in the event of a Party's breach are not intended to be exclusive remedies. The
Parties retain, except to the extent released or waived by the express terms of this Agreement, all
rights at law and in equity to enforce the terms of this Agreement.
2
VI.
General Provisions
6.01 Authority. This Agreement is made in part under the authority conferred in
Chapter 791, Texas Government Code.
6.02 Term. This Agreement shall commence upon execution of this Agreement and
shall end upon the completion of the Project by Georgetown.
6.03 Severability. The provisions of this Agreement are severable and, if any provision
of this Agreement is held to be invalid for any reason by a court or agency of competent
jurisdiction, the remainder of this Agreement will not be affected, and this Agreement will be
construed as if the invalid portion had never been contained herein.
6.04 Payments from Current Revenues.Any payments required to be made by a Party
under this Agreement will be paid from current revenues or other funds lawfully available to the
Party for such purpose.
6.05 Cooperation.The Parties agree to cooperate at all times in good faith to effectuate
the purposes and intent of this Agreement.
6.06 Entire Agreement. This Agreement contains the entire agreement of the Parties
regarding the subject matter hereof and supersedes all prior or contemporaneous understandings
or representations, whether oral or written, regarding the subject matter.
6.07 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
6.08 Applicable Law; Venue. This Agreement will be construed in accordance with
Texas law. Venue for any action arising hereunder will be in Williamson County, Texas.
6.09 Notices.Any notices given under this Agreement will be effective if(i) forwarded
to a Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited
with the U.S. Postal Service,postage prepaid,certified,to the address of the Party indicated below:
Georgetown: City of Georgetown
Georgetown, Texas,
Attn: City Manager
Telephone: ( ) -
3
Round Rock: City of Round Rock
221 E. Main St.
Round Rock, TX 78664
Attn: City Manager
Telephone: (__) -
6.10 Counterparts; Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts,each of which will be deemed an original,but all of which
will constitute the same instrument.
6.11 Authority. Each Party represents and warrants that it has the full right,power, and
authority to execute this Agreement.
6.12 Effective Date. This Agreement is executed to be effective on the date the last
Party signs this Agreement.
6.13 No Joint Venture.The Project is a project of Georgetown and is not a joint venture
or other partnership with Round Rock. The relocation of the raw water line is a project of Round
Rock and is not a joint venture or other partnership with Georgetown.
Signature Page Follows.
4
CITY OF GEORGETOWN, TEXAS
By:
Mayor
ATTEST:
By:
City Secretary
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
ATTEST:
By:
Meagan Spinks, City Clerk
5
EXHIBIT "A"
TO
INTERLOCAL AGREEMENT BY AND
BETWEEN ROUND ROCK AND
GEORGETOWN
SPLIT STEEL ENCASEMENT CONSTRUCTION NOTES: IFQFNIT \
I.
CONTRACTOq TO NOTIFY CIS`(OF ROUND ROCK —
INSPECTOR(512-B44-�6621,WF1EN WORK ON --- - �r _ ' PROP WATER LINE
OR NEAR R NO ROCKS 3° WATERLINE TAKES — —__—
PLACE. CONTRACTOR TO PROVIDE A MINIMUM OF PROPOSED RIGHT OF WAY
48-HOUR NOTICE. GEORGET NEE - 1YA7E%JIE_"- / —-— PROPOSED ROADWAY CENTERLINE
WATER
2. THE PROPOSED SPLIT ENCASEMENT IS TO RELOCATION -- /
PROTECT THE EXISTING 30-INCH ROUND ROCK SEE WATERLINE —x— TO BE ABANDONED
RAW WATERLINE FROM THE PROPOSED SHEETS 233-239 PROP EX 30*ROUND
CONSTRUCTION IN THE AREA.CONTRACTOR TO CLA.VERT R PROP GATE VALVE
REMOVAL NF THENEXXIISTING MEADWAMI.LL AND AND 00 119+00MUNE 120+ PROP FIRE HYDRANT
CONTRACTOR TO THE,
THE SPLIT D B WOOD RD �. --- PROP STORM
ul
ENCASEMENT ON THE EXISTING 30-INCH ROUNDEX ROCK WATERLINE WHILE THE LINE T SERVICE GEWI6E10wA PROPOSED STONE PROTECTION RIPRAP
PRIOR TO THE CONSTRUCTION OF THE WA. 1—
PROPOSED HEADWALL -
__ • CITY OF CEORCETOWN WATER
3. CONTRACTOR TO FIELD VERIFY THE LOCATION _- — ---- CITY OF ROUND ROCK WATER
AND DECREE OF DEFLECTION OF THE EXISTING -
VPI ON THE EXISTING 30 ROUND ROCK RAW -13' - _ + -- - -_\ _- - + - PEDERNALES OVERHEAD ELECTRIC
WATERLINE RELATIVE TO THE PROPOSED
HEADWALL EXTENT. EXIST FIRE HYDRANT
4. CONTRACTOR TO ENSURE THAT THE SPLIT / - ---���` ers s - — .O' EXIST GATE VALVE
ENCASEMENT EXTENDS 5 FEET FROM THE EDGE EXIST RIGHT OF WAY
OF THE HEADWALL ON BOTH SIDES. % - -- o o aME ONE �aNE
CONTRACTOR TO INSTALL SPLIT ENCASEMENT \ y' --- EXIST EASEMENT
PER CITY OF ROUND ROCK DETAIL WF-16(SEE -
SHEET 246) _...... _.----�'c-"- "'": — •— EXIST PROPERTY UNE
EXISTING FLUSH VALVE TO
5. CONTRACTOR TO SUBMIT THE DESIGN THE REMAIN STD: -- - EXIST CONTOURS
SPACERS FOR THE SPOT STEEL ENCASEMENT TO END 54.4'SPU SPLIT STEEL PROP CONTOURS
ACCOMMODATE FOR THE DEFLECTION IN THE HORIZONTAL ENCASEMENT
EXISTING WATERLINE IF THE DEFLECTION ISWILL
STA. T STEEL
SEE SPLIT STEEL ENCASEMENT EXIST WATER METER
WITHIN
NCASIEEMENT.THE AREA THAT MALL BEAN AL SPLIT STEEL CONSTRUCTION NOTES
HORIZONTAL ENCASEMENT N:1020E735.IS0 \
NOES
6. CONTRACTOR TO FIELD VERIFY 7H FLOW-LINE SEE SPLIT STEEL ENCASEMENT Gat 21401.118 \ \
CONSTRUCTION NOTES \ 1. THE LOCATION UT THE EXISTING
OF THE EXISTING ROUND ROCK T WATERLINE 21 LF 54'HORIZONTAL \ \ UNDERGROUND UTILITIES ARE SHOWN IN AN
AS WELL AS THE FLOW-UNE OF THE EXISTING N:1020E111.37 SPLIT STEEL ENCASEMENT \ ` APPROXIMATE WAY ONLY. THE CONTRACTOR
CULVERT TO ENSURE THAT THERE WILL BE A Gat 21411.37 EXIST \ SHALL DETERMINE THE EXACT LOCATION OF
MINIMUM OE 1FT SEPARATION BETWEEN THE TOP ROW ALL EXISTING UTILITIES BEFORE COMMENCING
OF THE 54 ENCASEMENT AND THE BOTTOM OF - WORK AND AGREES TO BE FULLY
THE PROPOSED HEADWALL TOE. THE
RESPONSIBLE FOR ANY AND ALL DAMAGES
CONTRACTOR TO INFORM CITY OF ROUND ROCK,
CITY OF GEORGETOWN AND KIMLEY-HORN OF E E40 THAT MIGHT BE OCCASIONED BY THE
THE EXISTING CONDITIONS.IF SPLIT STEEL ANYUANDTALLXUNDERGROUND UTTIILLITIxES SERVE
ENCASEMENT DESIGN CANNOT BE
ACCOMMODATED CONTRACTOR TO COORDINATE
WITH CITY OF ROUND ROCK AND KIMLEY-HORN 2. ANY DISCREPANCIES FROM WHAT IS SHOWN
FOR AN ALTERNATE DESIGN. PR HEADWALL ATTESHANTION I OF ETiE ENGINEER. TO THE
CONTRACTOR SMALL INSTALL JOINT
RESTRAINT AT EACH JOINT 21 LF 54' HORIZAONTA 3. ALL FITTINGS SHALL BE IN ACCORDANCE
UNCOVERED DURING NSTALLATION SP T STEEL W11H AWWA C153 FOR PIPE SMALLER THAN
Y OF SPLIT CASING.NO SEPARATE EEL ENCASEMENT, 12 AND AWWA C110 FOR PIPE LARGER
PAY. MIP X2'THICKNESS O 0.00 THAN 12•.
EXISTING RUSH VALVE TO REMAIN GROUND Pam.. %
3 SUBSIDIARY TO COST ' AMA/
tit&5
P OP GROUND E
Ill
2/2/23
am
_ —— - — — Kimley>>)Horn gy
S EXISTING 30' OUNO ROCK
1Y RAW WATERL JN
�
°'° _ ` °'°IGEORGETO"
nNz & w " TEXAS
W z o y more dwn welcome
0
€ N aw��.+z Y a m H'wdR•I „ o.D. wood RD
n:3<N�m
+� a�' +` hJ' �+ YaJ' PROPOSED 30—IN
'ZNay�j m K e N . •'NNN ROUND ROCK WL
3 i 1 o -w o—>o o i� o r ENCASEMENT (1 OF 2)
vl c.t�an mwxi7iUn
d
t+00 1+50 2+00
SME IN
EX 12' LEGEND
GEORGETONN STA. 1+89.48
WATERLINE--- _ CONTRACTOR TO YE36FV � i / PROP WATER LINE
_ _ 33 LF 54�STEEI. HPI
ENCASEMENT - 6H-9'LT ---- PROPOSED RIGHT OF WAY
PROP 1T' N:10208521.37 /
\ GEORGETOWN _ E:3120493.14 --- PROPOSED ROADWAY CENTERLINE
WATERLINE STA 1+97.87
RELOCATION x TO BE ABANDONED
SEE WATERLINE END 54'SPLIT STEEL
SHEETS 233-- - 144+00 145+ HORIZONTAL ENCASEMENT 146+00 PROP GATE VALVE
'— PROP SEE SPLIT STEEL C.ENT
CULVERT CONSTRUCTION NOTES PROP FIRE HYDRANT
D B WOOD RD HEADPROP E.3120489.564 ----
E 3120489.6E PROP STORM
- 93 r___j PROPOSED STONE PROTECTION RIPRAP
CITY OF GEORGETOWN WATER
g - t - _ --- CITY OF ROUND ROCK WATER
l
PEDERNALES OVERHEAD ELECTRIC
EXIST FIRE HYDRANT
O.E, — .. c«c_ _ q(� —/�91L EXIST GATE VALVE
- EXIST RIGHT OF WAY
Ex 24' - — r — - — — — ---— EXIST EASEMENT
GEORGETOWN _ _
EXIST PROPERTY LINE
WATERLINE --, --
EXIST CONTOURS
EX 30"ROUND . --°0D—
SPLIT STEEL ENCASEMENT CONSTRUCTION NOTES: ROCK RAW STA: 1+8153
PROP CONTOURS
WATERLINE BEGIN 54,SPLIT STEEL EXIST WATER METER
HORIZONTAL ENCASEMENT
1. CONTRACTOLTO NOTIFY C�OF ROUNO ROCK SEE SPLIT STEEL ENCASEMENT NOTES
INSPECTOR 512—B44—�682,WF1EN WORK ON CONSTRUCTION NOTES
OR NEAR R ND ROCKS WATERLINE TAKES N:10208497.48 1. THE LOCATION OF TH EXISTING
PLACE. CONTRACTOR TO PROVIDE A MINIMUM OF E:312DS00.34 SST UNDERGROUND UTIUTI S ARE SHOWN IN AN
48-HOUR NOTICE. ROW APPROXIMATE WAY ONLY. THE CONTRACTOR
SHALL DETERMINE THE EXACT LOCATION OF
2. THE PROPOSED SPLIT ENCASEMENT IS TO ALL EXISTING UTIUTIES BEFORE COMMENCING
PROTECT THE EXISTING 30-INCH ROUND ROCK WORK AND AGREES i0 BE FULLY
RAW WATERLINE FROM THE PROPOSED RESPONSIBLE FOR ANY AND ALL DAMAGES
CONSTRUCTION IN THE AREA. CONTRACTOR TO THAT MIGHT BE OCCASIONED BY THE
REMOVAL OF THEN EXISTING EADWAMLLOU D AND 800 E00 FAIANY AND UTILITIES.
CONTRACTORCONTRACTOR TO INSTALL THE SPLIT
ENCASEMENT ON THE EXISTING 30-INCH ROUND PROP HEADI ALL 2. ANY DISCREPANCIES FROM WHAT IS SHOWN
ROCK WATERLINE WHILE THE LINE IN SERVICE SHALL BE IMMEDIATELY BROUGHT TO THE
PRIOR TO THE CONSTRUCTION OF THE EXISTING FLUB/VALVE TO[ CONTRACTOR SHALL INSTALL JOINT RE5IRNNT AT EACH ATTENTION OF THE ENGINEER.
PROPOSED HEADWALL REMAIN SUBSIDIARY TO COSTr JOINT UNCOVERED DURING INSTALLATION OF SPOT
C CASING.NO SEPARATE PAY. 3. ALL FITTINGS SHALL BE IN ACCORDANCE
3. CONTRACTOR TO FIELD VERIFY THE LOCATION M21H AWWA C153 FOR PIPE SMALLER THAN
AND DECREE OF DEFLEC➢ON OF THE EXISTING 33t LF 4"HORIZAONTAL 12 AND AWWA C110 FOR PIPE LARGER
d VPI ON THE EXISTING 30 ROUND ROCK RAW SPLIT STE L ENCASEMENT, THAN 12*. �qV1
WATERLINE
TO THE PROPOSED MIN 4'hl NESS O-O.00IF HEADWALL T S OF 111,
4. CONTRACTOR TO ENSURE THAT THE SPUT PROP !7�A
ENCASEMENT EXTENDS 5 FEET FROM THE EDGE i••• '•�L
OF THE HEADWALL ON BOTH SIDES. i•••..i''x'�•R.•R"•°qcr••�
CONTRACTOR i0 INSTALL SPLIT ENCASEMENT i il.,
BsA PER CITY QF ROUND ROCK DETAIL WT-16(SEE ROCK RAW/ATOUND °�.SHEET 246) EX(FIN l'4;'
5. CONTRACTOR TO SUBMIT THE DESIGN OF THE ��
3 SPACERS FOR THE SPLIT STEEL ENCASEMENT TO
ACCOMMODATE FOR THE DEFLECTION IN THE
EXISTING WATERLINE IF THE DEFLECTION IS .� ;3h �Y w_2/2/23
WITHIN THE UMITS OF THE AREA THAT WILL °
REWIRE ENCASEMENT.
W 6, CONTRACTOR TO FIELD VERIFY TH780
�FLOW-UNE780 K�CYI�ey>>�HOt'11
OF THE EXISTING ROUND ROCK 30 WATERLINE Kim,1, Horn,-,,.
1,
2 AS WELL AS THE FLOW-LINE OF THE EXISTING / r-sze
8MINIMUM T OF SEP THAT ARATION BETWEEN BE
TOP \
S OF THE 54S ENCASEMENT AND THE BOTTOM OF
Hi THE PROPOSED HEADWALL TOE. THE
CONTRACTOR TO INFORM CITY LE ROUND ROCK,
CITY XI TING C TOWN AND F SPLIT HORN OF
THE EXISTING CONDITIONS.O SPLIT STEEL F
ENCASEMENT DESIGN CANNOT BE GEORGETOWN
ACCOMMODATED CONTRACTOR TO COORDINATE b
MATH CITY OF ROUND ROCK AND KIMLEY-HORN rr�
FOR AN ALTERNATE DESIGN. 1 Zrn770
T E X A S
more dean tiVClC0I/N'
D.B. WOOD RD
PROPOSED 30—IN
m +:�a JJ' a ROUND RO K WL
15
3 a = Zm NNNN �m m ENCASEMENT(2 OF 2)
Al
m2NUO> Y�I N WSN0 N�
1+00 0+50 1+50 2+00 2+50 3+00 3+50 232
EXHIBIT "B"
TO
INTERLOCAL AGREEMENT BY AND
BETWEEN ROUND ROCK AND
GEORGETOWN
WATER LINE EASEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Water Line Easement Agreement (this "Agreement") is made on the day of
, 20_, at Georgetown, Texas, by and between the City of Georgetown, Texas, a
Texas home-rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas
78627, ATTN: Georgetown City Secretary (hereinafter referred to as "Grantor"), and the City of
Round Rock, Texas, a Texas home-rule municipal corporation, whose address is
(herein referred to as"Grantee").
1. For the good and valuable consideration described in Paragraph 2 below, Grantor
hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an
Exclusive easement and right-of-way(the"Easement")for the placement,construction,
operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or
removal of a water line and related facilities (collectively, the "Facilities") on, over,
under, and across the following described property of the Grantor,to wit:
Being all that certain tract, piece or parcel of land lying and being
situated in the County of Williamson, State of Texas, being more
particularly described by metes and bounds in Exhibit A and by
diagram in Exhibit B attached hereto and made a part hereof for all
purposes (the"Easement Area").
2. The Easement and the rights and privileges herein conveyed, are granted for and in
consideration of the sum of One and No/100 Dollars ($1.00) and other good and
valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency
of which is hereby acknowledged and confessed.
3. The Easement, with its rights and privileges, shall be used only for the purpose of
placing, constructing, operating, repairing, maintaining, rebuilding, replacing,
upgrading, and/or removing the Facilities. The Easement additionally includes the
following rights: (1) the right to change the size of the Facilities; and (2) the right to
relocate the Facilities within the Easement Area.
4. The duration of the Easement is perpetual; provided, however, that Grantor shall have
the right at any and all times upon 365 days written notice to Grantee to terminate the
Easement in the event that Grantee determines that the termination of the Easement is
reasonably desired or necessary in order to further a public purpose. In the event that
Grantor terminates the Easement as provided for in this Paragraph 4, Grantor shall
either:
(i) grant and convey a replacement easement to Grantee containing terms
substantially similar to the terms contained herein, on, over, under, and across
WATER LINE EASEMENT Page 1 of 4
property owned by Grantor in order to allow Grantee to relocate its Facilities, or
construct replacement Facilities, in the new easement area. The location of such
new easement area shall be at a location determined by Grantor in Grantor's
reasonable discretion. The easement area for the new easement shall be comparable
in size to the Easement Area for this Easement. Grantor shall be solely responsible
for all reasonable and necessary costs incurred by Grantor and/or Grantee in
connection with Grantor granting and conveying the replacement easement to
Grantee, as well as all reasonable and necessary costs incurred by Grantor and/or
Grantee in connection with Grantee relocating its Facilities, or constructing
replacement Facilities, in the new easement area; or
(ii)cooperate with Grantee in Grantee's efforts to acquire a replacement easement
on,over,under,and across property not owned by Grantor in order to allow Grantee
to relocate its Facilities, or construct replacement Facilities, in the new easement
area. The location of such new easement area shall be at a location determined by
Grantee in Grantee's reasonable discretion. The easement area for the new
easement shall be comparable in size to the Easement Area for this Easement.
Grantor shall be solely responsible for all reasonable and necessary costs incurred
by Grantor and/or Grantee in connection with Grantee acquiring the replacement
easement, as well as all reasonable and necessary costs incurred by Grantor and/or
Grantee in connection with Grantee relocating its Facilities, or constructing
replacement Facilities, in the new easement area.
5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and
shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights
conveyed in this Agreement to Grantee and Grantee's successors and assigns, against
every person lawfully claiming or to claim all or any part thereof.
6. The Easement, and the rights and privileges granted by this Agreement, are exclusive
to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor
shall not convey any other easement, license, or conflicting right to use in any manner,
the area(or any portion thereof) covered by this grant. Notwithstanding the foregoing,
Grantor reserves for itself and its successors and assigns the right to construct, place,
maintain, inspect, operate, repair, alter, replace and remove driveways, roadways,
curbing, gutters, sidewalks, landscaping, and irrigation (collectively the "Grantor
Improvements"), as well as utilities including water, wastewater, gas,
telecommunications, and electrical lines and related facilities (collectively, "Grantor
Utilities"), across the Easement Area, and Grantee expressly consents to the use of the
Easement Area for such purposes. Grantor's rights reserved in this paragraph are subject
to the following requirements:
a) The construction, placement, maintenance, inspection, operation, repair,
alteration, replacement, and/or removal of the Grantor Improvements and the
Grantor Utilities shall not materially interfere with the rights granted to Grantee
herein;
b) Any Grantor Utilities shall cross the Facilities at an angle no less than 45
degrees, at a depth to provide sufficient separation from the Facilities (as
WATER LINE EASEMENT Page 2 of 4
determined by Grantee in its reasonable discretion), and may not run parallel
with the Facilities; and
c) Grantor shall provide Grantee at least 72 hours' written notice prior to
commencing any work within the Easement Area.
7. This Agreement contains the entire agreement between the parties relating to its subject
matter. Any oral representations or modifications concerning this Agreement shall be
of no force and effect. Any subsequent amendment or modification must be in writing
and agreed to by all parties.
8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs,
personal representatives, successors, and assigns; shall bind and inure to the benefit of
the Grantee and any successors or assigns of Grantee; and shall be deemed to be a
covenant running with the land.
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be
executed on the dates set forth herein.
GRANTOR:
City of Georgetown, Texas,
a Texas home-rule municipal corporation
By:
Name:
Title:
GRANTEE:
City of Round Rock, Texas,
a Texas home-rule municipal corporation
By:
Name:
Title:
WATER LINE EASEMENT Page 3 of 4
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the_day of ,
20 , by , as the of the City of
Georgetown, Texas, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of ,
20 , by , as the of the City of
Round Rock, Texas, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
WATER LINE EASEMENT Page 4 of 4
County: Williamson June 29, 2023
Parcel: 3 Easement, Ronald Kenneth Joseph Page 1 of 5
and Wendy Sue Fassett Joseph
Project: D. B. Wood Road Proj. No. KHRN-001
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.2183 ACRE (9,507 SQUARE FOOT) PARCEL OF
LAND SITUATED IN THE ISAAC DONAGAN SURVEY, ABSTRACT NO.
178, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 7-A
OF AMENDED PLAT OF LOTS 6 & 7, AMENDED WOOD RANCH
SECTION ONE, A SUBDIVISION RECORDED IN CABINET N, SLIDE 392,
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO RONALD
KENNETH JOSEPH AND WENDY SUE FASSETT JOSEPH, RECORDED
IN DOCUMENT NO. 9619062, OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.2183 ACRE (9,507 SQUARE
FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod with plastic cap stamped "INLAND
GEODETICS" found (Grid Coordinates determined as: N=10,205,824.37,
E=3,120,625.08), on the existing easterly right-of-way (R.O.W.) line of D.B. Wood
Road (120' R.O.W. width), as described in Document No. 2005080399, of the
Official Public Records of Williamson County, Texas, same point being in the
proposed easterly R.O.W. line of D.B. Wood Road, same point also being in the
westerly boundary line of said Lot 7-A, for the southwesterly corner and POINT OF
BEGINNING of the herein described parcel, and from which point a 1/2 inch iron
rod found for the southwest corner of Lot 6-A, said AMENDED PLAT OF LOTS 6
& 7, AMENDED WOOD RANCH SECTION ONE, A SUBDIVISION, bears
South 20°56'10" East, with said easterly R.O.W. line of D.B. Wood Road, a
distance of 160.19 feet;
1) THENCE, North 20°56'10" West, departing said proposed easterly R.O.W.
line of D.B. Wood Road, with said existing easterly R.O.W. line of D.B. Wood
Road, same line being the westerly boundary line of said Lot 7-A, a distance
of 20.59 feet to a calculated point;
THENCE, departing said existing easterly R.O.W. line of D.B. Wood Road, through
the interior of said Lot 7-A, the following five (5) courses:
2) North 55021'00" East, a distance of 11.79 feet to a calculated point;
3) North 14°14'25" East, a distance of 162.38 feet to a calculated point;
County: Williamson June 29, 2023
Parcel: 3 Easement, Ronald Kenneth Joseph Page 2 of 5
and Wendy Sue Fassett Joseph
Project: D. B. Wood Road Proj. No. KHRN-001
4) North 20056'10" West, a distance of 139.59 feet to a calculated point;
5) North 72003'59" West, a distance of 89.65 feet to a calculated point;
6) North 85°26'27" West, a distance of 39.00 feet to a calculated point in
said existing easterly R.O.W. line of D.B. Wood Road, same line being
the westerly boundary line of said Lot 7-A;
7) THENCE, North 20°56'10" West, with said existing easterly R.O.W. line of
D.B. Wood Road, same line being the westerly boundary line of said Lot 7-
A, a distance of 22.15 feet to a calculated point, and from which point a 1/2
inch iron rod with plastic cap stamped "INLAND GEODETICS" found being
in said proposed easterly R.O.W. line of D.B. Wood Road, bears
North 20°56'10" West, with said easterly R.O.W. line of D.B. Wood Road, a
distance of 15.12 feet, for the northwesterly corner of the herein described
parcel;
8) THENCE, South 85026'27" East, departing said existing easterly R.O.W.
line of D.B. Wood Road, through the interior of said Lot 7-A, a distance of
50.89 feet to a calculated point in said proposed easterly R.O.W. line of D.B.
Wood Road, for the northernmost northeasterly corner of the herein
described parcel;
THENCE, continuing through the interior of said Lot 7-A, with said proposed
easterly R.O.W. line of D.B. Wood Road, the following four (4) courses:
9) South 72°03'59" East, a distance of 101.55 feet to a 1/2 inch iron rod
with plastic cap stamped "INLAND GEODETICS" found, for the
easternmost northeasterly corner of the herein described parcel;
10)South 20°56'10" East, a distance of 155.50 feet to a 1/2 inch iron rod
with plastic cap stamped "INLAND GEODETICS" found, for the
easternmost southeasterly corner of the herein described parcel;
11)South 14°14'25" West, a distance of 176.22 feet to a 1/2 inch iron rod
with plastic cap stamped "INLAND GEODETICS" found, for the
southernmost southeasterly corner of the herein described parcel;
County: Williamson June 29, 2023
Parcel: 3 Easement, Ronald Kenneth Joseph Page 3 of 5
and Wendy Sue Fassett Joseph
Project: D. B. Wood Road Proj. No. KHRN-001
12)South 55°21'00" West, a distance of 24.17 feet to the POINT OF
BEGINNING, containing 0.2183 acres (9,507 square feet) of land, more
or less.
Notes:
1. Bearings are based on the Texas Coordinate System of 1983, Central Zone
4203, NAD83 (2011). All distances shown hereon are surface values
represented in U.S. Survey Feet based on a grid-to-surface combined
adjustment factor of 1 .00013.
2. Reference is herein made to the sketch of this tract accompanying this metes
and bounds description.
3. 1 certify that this description was prepared from a survey made on the ground
between January 2021 and November 2022 under my supervision.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
09/25/2023
Miguel A. Escobar
Registered Professional Land Surveyor No. 5630
Licensed State Land Surveyor
Inland Geodetics �� OF T
�P'••'�sr'••
Firm Registration No: 100591-00 �.��GRFo.;s
1504 Chisholm Trail Road, Suite 103
AR
Round Rock, TX 78681 MIG ... .. .EL
.. .... ..
•,A� 5630 P:
�• �'ESS ��•�
qN�•S URN
SAKIMLEY HORN\DB WOODS OCT20\CARLSON\PARCELS\PARCEL 3 ESMT 2-JOSEPH\KHRN-001-DBWOOD PH1-P3-
ESMT2.docx
EXHIBIT --I—
PLAT TO ACCOMPANY DESCRIPTION
CEDAR
DRI RIDGE �1 I 3
(60' R.o.w. WIDTH WOOD RANCH 40' B.L.--i i �---
I �c� SECTION FIVE
0 LSO%cT�C.f s
CAB. K, SL. 269POT W P.R.W.C.T.
_2 -----------------
�pI J------- Es S j--NE- /---/--
IU00 ZT
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pla.o
ozo
Lgw
I 1 -1-colvC.
Iw 0
1a
lO LOT 7-A
-0 13H
iIIIIIII
iIIIIII
/
I I
I I
0
I I I I
0 10 AMENDED PLAT OF
O 1 g LOTS 6 & 7
a �� 9 AMENDED WOOD RANCH II
Ia SECTION ONE
CAB. N, SL. 392 I
L� a P.R.W.C.T.
------ - - _ --
o ---Li--1
i 1 I m 50' DRAINAGE ESMT I
I VERTICAL 6" CL CREEK I I
—I I O STUB OUT OLD PROPERTY LI_NE
I I N O NOW EASEMENT CENTERLINE I
6" STUB OUT a J I
i O ----50' DRAINAGE ESMT- I
o F--------- -- �+--
30' P.U.E. —�
- i o o 0.2183 AC.-510' P.U.E.
cV EASE�MENT .41
z l l 9,507 RONALD KENNETH JOSEPH
SO. FT. AND WENDY SUE
FASSETT JOSEPH
'7 DOC. NO. 9619062
r
v ^ O.R.W.C.T.
T / CRESS/ J
J10' P-U.E_8c B,
O p OS-S.FS-75
�I
I p O
O O 91
I ' LOT 6-A
3 O W: P.O.B. L12 a
I a GRID COORDINATES:aQ'
c of
N=10,205,824.37
CON NI E=3,120,625.08
I
NT
o it �� WOOD RANCH 50 0 50 100
SECTION FIVE
----- �J e� LOT 5 CAB. K, SL. 269 SCALE 1" = 100'
P.R.W.C.T.
PROJECT NO.: KHRN-001 06-29-2023
jw PARCEL PLAT SHOWING PROPERTY OF
I N L A N D PARCEL 3
GEODETICS RONALD KENNETH JOSEPH AND EASEMENT
PROFESSIONAL LAND SURVEYOR W E N DY SUE FAS S ETT JOSEPH AC
,PROFESSIONAL
CHISHOLM TRAIL RD.STE.103 0.2183 .
ROUND ROCK,TX.78681 9,507 SQ. FT.
PH.(512)238-1200,FAX(512)238-1251 SCALE PROJECT
FIRM REGISTRATION NO.100591-00 1^ = 100' WILLIAMSON COUNTY D.B. WOOD RD. PAGE 4 OF 5
S:\KIMLEY HORN\DB WOODS OCT20\CARLSON\PARCELS\PARCEL 3 ESMT 2-JOSEPH\KHRN-001-DBWOOD PHI-P3-ESMT2.DWG
EXHIBIT _B_
LEGEND PLAT TO ACCOMPANY DESCRIPTION
OO TXDOT TYPE II MON FOUND
QQ 1/2" IRON ROD WITH CAP STAMPED
"INLAND GEODETICS" FOUND NO. DIRECTION DISTANCE
1/2" IRON ROD FOUND L1 N20'56'1O"W 20.59'
Qo 1/2" IROD ROD WITH PLASTIC CAP L2 N55'21'00"E 11.79'
STAMPED "INLAND GEODETICS" SET L3 N14*14'25"E 162.38'
CALCULATED POINT L4 N20'56'1O"W 139.59'
L5 N72'03'59"W 89.65'
I� PROPERTY LINE L6 N85'26'27"W 39.00'
P.R.W.C.T. PLAT RECORDS L7 N20'56'10"W 22.15'
WILLIAMSON COUNTY, TEXAS L8 S85'26'27"E 50.89'
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS L9 S72'03'59"E 101.55'
WILLIAMSON COUNTY, TEXAS L10 S20'56'10"E 155.50'
O.R.W.C.T. OFFICIAL RECORDS L11 I S14'14'25"W 176.22'
WILLIAMSON COUNTY, TEXAS L12 S55'21'00"W 24.17'
P.O.B. POINT OF BEGINNING L13 N20'56'10"W 15.12'
P.O.C. POINT OF COMMENCING
( ) RECORD INFORMATION
BREAKLINE
NOTES:
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, NAD83 (2011). COORDINATES
SHOWN HEREON ARE GRID VALUES REPRESENTED IN U.S. SURVEY FEET. ALL DISTANCES SHOWN HEREON ARE SURFACE
VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID—TO—SURFACE COMBINED ADJUSTMENT FACTOR OF
1.00013.
2. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD
THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
3. THE SYMBOLS REFLECTED IN THE LEGEND AND ON THIS SURVEY MAY HAVE BEEN ENLARGED FOR CLARITY. THE SYMBOLS
HAVE BEEN PLOTTED AT THE CENTER OF THE FIELD LOCATION AND MAY NOT REPRESENT THE ACTUAL SIZE OR SHAPE
OF THE FEATURE.
4. UTILITY INFORMATION SHOWN HEREON CONSTITUTES FIELD RECOVERY OF OBSERVED EVIDENCE OF UTILITIES TOGETHER
WITH EVIDENCE FROM MARKINGS BY UTILITY COMPANIES CONTACTED THROUGH THE 'DIG TESS'UTILITY LOCATING SERVICE.
LOCATIONS OF UNDERGROUND UTILITIES/STRUCTURES MAY VARY FROM LOCATIONS SHOWN HEREON. ADDITIONAL BURIED
UTILITIES/STRUCTURES, SUCH AS ELECTRICAL, TELEPHONE, CABLE TV AND PIPELINES, MAY BE ENCOUNTERED. NO
EXCAVATIONS WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIED UTILITIES/STRUCTURES. FOR
INFORMATION REGARDING BURIED UTILITIES/STRUCTURES OR BEFORE ANY EXCAVATION IS BEGUN, CONTACT THE
APPROPRIATE AGENCIES FOR VERIFICATION OF UTILITY TYPE AND FOR FIELD LOCATION.
5. THE FOREGOING MAP AND SURVEY ON WHICH IT IS BASED IS ACCOMPANIED BY AND A PART OF SEPARATE METES AND
BOUND DESCRIPTION OF THE SUBJECT TRACT.
I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION BETWEEN JANUARY 2021 AND NOVEMBER 2022.
OFE Tc,
�•��G�RFa.s
%2 09/25/2023 ••�•••••••••••••••�••
MIGUEL ANGEL ESCOBAR
MIGUELA. ESCOBAR •••••••••••••••••••••
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5630 •• q 5630
LICENSED STATE LAND SURVEYOR PEss�0..
INLAND GEODETICS q��•SUR��y�
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
PROJECT NO.: KHRN-001 06-29-2023
PARCEL PLAT SHOWING PROPERTY OF
I N LA N D
GEODETICS RONALD KENNETH JOSEPH AND PARCEL 3
EASEMENT
PROFESSIONAL LAND RD.SURVEYSTEO W E N DY SUE FAS S ETT J O S E P H
1 504 CHISHOLM TRAIL RD.STE.103 0.2183 AC.
ROUND ROCK,TX.78681 9,507 SQ. FT.
PH.(512)238-1200,FAX(512)238-1251 SCALE PROJECT
FIRM REGISTRATION NO.100591-00 1 1. = 100' WILLIAMSON COUNTY D.B. WOOD RD. PAGE 5 OF 5
S:\KIMLEY HORN\DB WOODS OCT20\CARLSON\PARCELS\PARCEL 3 ESMT 2-JOSEPH\KHRN-001-DBWOOD PHI-P3-ESMT2.DWG
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Existing 54" - ,{ ,,•F
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Active
1
——- Abandoned .
Date Lbt:1WZ3jM33AP VII
,,- INTERLOCAL AGREEMENT
WITH THE CITY OF GEORGETOWN