Loading...
Contract - City of Georgetown - 11/2/2023 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: 1. 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. `R•2023.3GCp 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: _ A M � Craig M gan, M y or ATTEST: B Meagan Spink , ity rk 5 EXHIBIT "A" TO INTERLOCAL AGREEMENT BY AND BETWEEN ROUND ROCK AND GEORGETOWN a -7 — -- - - — - " w SPLIT STEEL ENCASEMENT CONSTRUCTION NOTES: LEGEND 1. COIN RAC Tp�TO NOTIFY CIj1'OF ROUND ROCK - INSPECTOR (512-84hz662)•WF1EN WORK ON _ - - _ --�` �J/�__ - IX 1Z. PROP WATER LINE OR NEAR ROUND ROCKS R WATERLINE TAKES PROP 12• - - - ��1� ---- PROPOSED RIGHT OF WAY PUCE. CONTRACTOR TO PROVIDE A MINIMUM OF 46-HOUR NOTICE. GEORGETOWN _ WA7ERLINE— WATERLINE --- PROPOSED ROADWAY CENTERLINE 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 p}LyER7 w pQ PROP GATE VALVE EXERCISE CAUTION DURING THE DEMOUT10N AND }3+00 119+00 120+ PROP FIRE HYDRANT REMOVAL OF THE EXISTING HEADWALL AND --o CONTRACTOR TO INSTALL THE SPUT D B WOOD RD ENCASEMENT ON THE EXISTING 30-INCH ROUND EL 24• ---- PROP STORM ROCK WATERLINE WHILE THE LINE IN SERVICE - - - PRIOR TO THE CONSTRUCTION OF THE - - GETS GEORGETOWN PROPOSED HEADWALL PROPOSED STONE PROTECTION RIPRAP - - _ -.- CITY OF GEORGETOWN WATER 3. CONTRACTOR TO FIELD VERIFY THE LOCATION - -_ _ - --_ - -- CITY OF ROUND ROCK WATER AND DEGREE OF DEFLECTION OF THE EXISTING -- 1 VPI ON THE EXISTING 30 ROUND ROCK RAW .�63 - - 13'- - - - -2+ PEDERNALES OVERHEAD ELECTRIC WATERLINE RELATIVE TO THE PROPOSED 8 a - _ _ a31 �- EXIST FIRE HYDRANT HEADWALL EXTENT. w2v--�vZ}=.��. �" Z - �e at 4. CONTRACTOR TO ENSURE THAT THE SPLIT �'- - - � = _ .cf EXIST GATE VALVE 00 ENCASEMENT EXTENDS 5 FEET FROM THE EDGE - W7 L—wtl$�= wl — .- 'wt - - vn - --— - wt--� -- tY ---= EXIST RIGHT OF WAY OF THE HEADWALL ON BOTH SIDES. — — — -- — CONTRACTOR TO INSTALL SPLIT ENCASEMENT ONE ova -- - o EXIST EASEMENT PER CITY OF ROUND ROCK DETAIL WT-16(SEE SHEET 248) ...................\.._._..........�..� -...- EXIST PROPERTY LINE 5. CONTRACTOR TO SUBMIT THE DESIGN EXISTING FLUSH VALVE TO THE REMAIN S7A: 1+60.76 - -- -- EXIST CONTOURS SPACERS FOR THE SPLIT STEEL ENCASE MENT TO END 54'SPLIT STEEL ACCOMMODATE FOR THE DEFLECTION IN THE HORIZONTAL ENCASEMENT —^�D— PROP CONTOURS EXISTING WATERLINE IF THE DEFLECTION IS S7A: t+6o.24 SEE SPLIT STEEL ENCASEMENT EXIST WATER METER WITHIN THE LIMITS OF THE AREA THAT WILL BEGIN 54'SPUT STEEL CONSTRUCTION NOTES REQUIRE ENCASEMENT. HORIZONTAL ENCASEMENT N:102-135.110 \ 6. CONTRACTOR TO FIELD VERIFY TH FLOW-UNE SEE SPLIT STEEL ENCASEMENT E.3121404.66 NOTES CONSTRUCTION NOTES 1. THE LOCATION OF THE EXISTING OF THE EXISTING ROUND ROCK 30 WATERLINE 21 LF 54'HORIZONTAL UNDERGROUND UTILITIES ARE SHOWN IN AN AS WELL AS THE FLOW-UNE OF THE EXISTING N:10206116.20 SPLIT siEF1 ENCASEMENT CULVERT TO ENSURE THAT THERE WILL BE A E:3t21411.37 ` APPROXIMATE WAY ONLY. THE CONTRACTOR OF MINIMUM DE 1FT SEPARATION BETWEEN THE TOP ROW \ \ ALL EXISTILL NG BEFOREL COOMMENC 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, THAT MIGHT BE OCCASIONED BY THE CITY OF GEORGETOWN AND KIMLEY-HORN OF E40 THE EXISTING CONDITIONS. IF SPLIT STEEL FAILURE TO EXACTLY LOCATE AND PRESERVE ENCASEMENT DESIGN CANNOT BE ANY AND ALL UNDERGROUND UTILITIES. ACCOMMODATED CONTRACTOR TO COORDINATE WITH CITY OF RfX1ND ROCK AND KIMLEY-HORN 2. ANY DISCREPANCIES FROM WHAT IS SHOWN FOR AN ALTERNATE DESIGN. SHALL BE IMMEDIATELY BROUGHT TO THE CONTRACTOR SHALL INSTALL JOINT HEADWALL ATTENTION OF THE ENGINEER. RESTRAINT AT EACH JOINT 21 LF 54' HORIZAONTA 3. ALL FITTINGS SHALL BE IN ACCORDANCE UNCOVERED DURING INSTALLATION SP T STEEL ENCASEMENT, NAWWA D.A C753 FOR PIPE SMALLER THAN OF SPUT CASING.NO SEPARATE IF AO AWWA C110 FOR PIPE LARGER PAv. M R'THICKNESS O 0.00 THAN 12•. OF EXISTING FLUSH VALVE TO REMAIN GROUND ' 1jEIAM0 — SUBSIDIARY TO COST J -.AL X:: pq " \_ �.TIAA4F RW 0�5 �Pt _ ollefF OP GROUND 1 2/2/23 no _ — - Kimley r>>Horn y p g EXISTINGROCK Zjp'$1 RAWWAZZ WATERUN' 3 W W 810 810 GEORGETOWN LJ w a T E X A S H tX more than welcome $! ?UWZ N NU 2� N aWNZ ^ j 10]WMZ,6 O.B. WOOD RD V O FE F O F m +� �� m "� < n E e �+ » ' PROPOSED 30—IN �D ROUND ROCK WL �i F zSW� s < ss3 4 26 1JJo. ENCASEMENT (1 OF 2) � SCR N W S W U 1+00 1+50 2+00 231 oRAPNIC rxc w FELt r _ 1,0 M jj LEGEND _ QDRQIOWN / _ STA 1+89.46 .- - �� E-- 33 lF 54'S1EE1 -..- HONTRAC70R TOERI VFY _-- PROP WATER LINE 1C - ENCASEMENT 6+-9'LT ---- PROPOSED RIGHT OF WAY PROP 12' _ N:10208521.37 / GEORGETOWN _ E3120a911a PROPOSED ROADWAY CENTERLINE WATERLINE STA: 1+97.67 RELOCATION -z- TO BE ABANDONED SEE WATERUNE // END 54'SPLIT STEEL SHEETS 233-238 144+00 145+ HORIZONTAL ENCASEMENT 146+00 PROP GATE VALVE PROP SEE SPLIT STEEL ENCASE1/EN7 CULVERT CONSTRUCTION NOTES PROP FIRE HYDRANT D B WOOD RD PROP N:10209528.74 - F-312D489.56_-_- - ---- PROP STORM -=1 \\ PROPOSED STONE PROTECTION RIPRAP _793 \ _ CITY OF GEORGETOWN WATER CITY OF ROUND ROCK WATER 9J769 - W _ r / •� �--•-- -- y`__ - - PEDERNALES OVERHEAD ELECTRIC WI EXIST FIRE HYDRANT AMP - _JIuE. .-•-��' - _ate .OMf� - ACNE_ - - Ff EXIST GATE VALVE r_-f EXIST RIGHT OF WAY EX 24� -�'- ------ EXIST EASEMENT GEORCETOWM EXIST PROPERTY LINE WATERLINE EXIST CONTOURS IX 30'ROUND FA: 1+84.53 I PROP CONTOURS SPLIT STEEL ENCASEMENT CONSTRUCTION NOTES: ROCK RAW BEGIN sa'SPLIT STEEL WATERLINE HORIZONTAL ENCASEMENT I EXIST WATER METER 1. CONTRACTOL TO NOTIFY CITY OF ROUND ROCK SEE SPLIT STEEL ECASEMENr INSPECTOR (512-844-�6821,AMEN WORK ON CONSTRUCTION NOTES NOTES OR NEAR RWND ROCKS 30 WATERLINE TAKES N:10205497.48 r 1. THE LOCATION OF THE EXISTING PLACE. CONTRACTOR TO PROVIDE A MINIMUM OF E:3120500.34 UNDERGROUND UTILITIES ARE SHOWN IN AN 48-HOUR NOTICE. ROM APPROXIMATE WAY ONLY. THE CONTRACTOR OF 2. THE PROPOSED SPLIT ENCASEMENT IS TO ALL EXISTING UTILITIES BEMINE THE FORE COMMENCING PROTECT THE EXISTING 30-INCH ROUND ROCK I WORK AND AGREES TO 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 EXERCISE CAUTION DURING THE DEMOLITION AND 800 800 FAILURE TO EXACTLY LOCATE AND PRESERVE REMOVAL OF THE EXISTING HEADWALL AND ANY AND ALL UNDERGROUND UTIUTIES. CONTRACTOR TO INSTALL THE SPUT 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 IMME OF DIATELY ENgNEWGHT TO THE PRIOR 70 THE CONSTRUCTION OF THE EXISTING FLUSH VALVE TO CONIRACIOR$HALL INSTALL JOINT RESTRAINT AT EACH PROPOSED HEADWALL REMAIN SUBSIDIARY 1O COST JOINT UNCOVERED DURING INSTALLATION OF SPLIT 3. ALL FITTINGS WWASHALL BE IN ACCORDANCE KI CASING.NO SEPARATE PAY. WI AWWA C153 FOR PIPE SMALLER THAN 3. CONTRACTOR 70 FIELD VERIFY THE LOCATION 333 LF 4' HORIZAONTAL 12�AND AWWA C110 FOR PIPE LARGER AND DEGREE OF DEFLECTON OF THE EXISTING THAN 12'. 1 VPI ON THE EXISTING 30 ROUND ROCK RAW SPLIT STE L ENCASEMENT, WATERLINE RELATIVE TO THE PROPOSED MIN X"THI NESS O-0.00% �ZF. 17E 15 HEADWALL EXTENT. = r;���,,, 4. CONTRACTOR TO ENSURE THAT THE SPLIT PROP790 ENCASEMENT EXTENDS 5 FEET FROM THE EDGE '••••TTMR.JACM,. � C OF THE HEADWALL ON BOTH SIDES. CONTRACTOR TO INSTALL SPLIT ENCASEMENT �l i �• t4165t A PER CITY QF ROUND ROCK DETAIL WT-15(SEE EXISTING 30'ROUND SHEET 248) EX GROUND ROCK RAW WATERLINE -•t..41H` _ 4 5. CONTRACTOR TO SUBMIT THE DESIGN OF THE SPACERS FOR THE SPLIT STEEL ENCASEMENT TO ACCOMMODATE FOR THE DEFLECTION IN THE r" _ 7E EXISTING WATERLINE IF THE DEFLECTION IS .0 _'S:> 2/2/23 € WITHIN THE LIMITS OF THE AREA THAT WILL , REOUIRE ENCASEMENT. W 6. CONTRACTOR TO RFIELD VERIFY THE FLOW-LINE Ki m l ey >)H o r n. AS WELL AS THE FLOWOLINE 0 30 THE EXISTING / 9ze CULVERT TO ENSURE THAT THERE WALL BE A / LM MINIMUM OF IFT SEPARATION BETWEEN THE TOP $ OF THE 54 ENCASEMENT AND THE BOTTOM OF >)i THE PROPOSED HEADWALL TOE. THE CONTRACTOR TO INFORM CITY OF ROUND ROCK, CITY OFXI TING CONDITIONS.TOWN AND KISPUT HORN OF ENCASEMENT DN OT BEUT STEEL �3 ACCOMMODATED CONTRACTOR TO COORDINATE b b$ ORA � A7EDEGN AND KIMLEY-HORN _ GEORGETOWN F NALRNDSI .„ T E X A S } _ d _w more dwn wlekome 0 R.' '''0 $„ I-O W= 0 m _z cd Lq D.B. WOOD RD G-vi ,jwk+� i 06 o o ���� PROPOSED 30—IN T+=� N + q m ±��N �q q ROUND RO K WL cAi wi cij w°6w� uA n "e oaa->b uA ci z�y"y'''o' " ENCASEMENT�2 OF 2) WA m=NV N U>G h N WSNU 1% 0+50 1+00 1+50 2+00 2+50 3+DO 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`Basement 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 20056'10" East, with said easterly R.O.W. line of D.B. Wood Road, a distance of 160.19 feet; 1) THENCE, North 20056'10" 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 14014'25" 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 20°56'10" 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 20056'10" 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 14014'25" 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 Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 ..................... Round Rock, TX 78681 ...... ANG ...... .. ................ •:� 5630 P; •PPE SS �a•Q qN� SUR�EyO SAKIMLEY HORN\DB WOODS OCT20\CARLSON\PARCELS\PARCEL 3 ESMT 2-JOSEPH\KHRN-001-DBWOOD PH1-P3- ESMT2.docx EXHIBIT _B_ PLAT TO ACCOMPANY DESCRIPTION CEDAR RIDGE i 1 i i I DRIVE " 3 I I I (60' R.O.W. WIDTH) < WOOD RANCH 40' B.L.----� c� I SECTION FIVE I I -------� POTHOLE 3 N ;i0o1 CAB. K, SL. 269 LOT 8 — — I O x '-1-1 P.R.W.C.T. w I z� I ��10'RAQ_E_& B_L_ f-------� --- I tior+-------------- ---------------T-T- I I II00V z 5 TJI / I I/ I Oo; II II� WNa, g i Iozo z o, ol offi a. Lq I I 0 Q. 0 L13 I / LOT 7-A I I /r. I I I O I II I O I� AMENDED PLAT OF I O I 10 a LOTS 6 & 7 �g AMENDED WOOD RANCH 1 1 is g �s SECTION ONE CAB. N, SL. 392 a I 0I m 50' DRAINAGE ESMT — I I A _M` I W N O II I `VERTICAL 6"_ Ir CL CREEK _ J I 1 STUB OUT -i V) — NOW E PROPERTY LINE -iI (ll I v) NOW EASEMENT CENTERLINE I I Q 1 6I„ STUB OUT d -1 i I DI ----50' DRAINAGE ESMT�I- F- ------- ° -- -�H-- /�'/ 30' P.U.E. �I 10.2183 AC. p O 10' P.U.E. Lv EASEMENT z 9, 07 RONALD KENNETH JOSEPH �I SO. FT. AND WENDY SUE I FASSETT JOSEPH A) DOC. NO. 9619062 i I O.R.W.C.T. i 4 2 - \ P�U.E�� C l O p LOT 6-A a! W J 2j I 3 P.O.B. L12 c I I N GRID COORDINATES: 4A a0. l 0° I ton I N=10,205,824.37 0� C, J �0 N I I E=3,120,625.08��r �40 =1 I I PLANTER �J I j I. i ONCRETE I p o I �D WOOD RANCH 50 0 50 100 D dj(� ei SECTION FIVE e� LOT 5 CAB. K, SL. 269 J I P.R.W.C.T. SCALE 1" = 100' PROJECT NO.: KHRN-001 06-29-2023 id PARCEL PLAT SHOWING PROPERTY OF INLAND GEODETICS RONALD KENNETH JOSEPH AND PARCEL 3 EASEMENT PROFESSIONAL LAND SURVEYOR W E N DY SUE FAS S ETT JOSEPH 1 504 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 N0.100591-00 I„ - 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 TXDOT TYPE II MON FOUND �. 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' oQ 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' L4 N20'56'1O"W 139.59' CALCULATED POINT L5 N72'03'59"W 89.65' I� PROPERTY LINE L6 I N85'26'27"W 39.00' P.R.W.C.T. PLAT RECORDS L7 N20'56'1O"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 S14*14'25"W 176.22' WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING L12 S55'21'00 W 24.17' P.O.C. POINT OF COMMENCING Ll 3-1 N20'56'10"W 15.12' ( ) 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. 4�P�E OF E F�s e o . 09/25/2023 ..................... MIGUEL ANGEL ESCOBAR MIGUEL A. ESCOBAR • •••••••••••• ••REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5630 •' 0 5630 • LICENSED STATE LAND SURVEYOR INLAND GEODETICS q��•SURN�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 N L A N D PARCEL 3 GEODETICS RONALD KENNETH JOSEPH AND EASEMENT PROFESSIONAL LAND STE. W E N DY SUE FAS S ETT J O S E P H 1 504 CHISHOLM TRAIL RD. 103 0.2183 AC. RD.STE. ROUND ROCK,TX.78681 9,507 SQ. FT. PH.(512)238-1200,FAX(512)238-1251 SCALE PROJECT FIRM REGISTRATION N0.100591-00 1" = 100' WILLIAMSON COUNTY D.B. WOOD RD. PAGE 5 OF 5 S:\KIMLEY HORN\DB WOODS OCT20\CARLSON\PARCELS\PARCEL 3 ESWT 2-JOSEPH\KHRN-001-DBWOOD PHI-P3-ESMT2.DWG