CM-2015-782 - 5/15/2015Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
May 7, 2015
Helen Walker
1210 Springridge St.
Round Rock, Texas 78664
Re: Lake Creek Waste Water construction project
Parcel 4TCE
Dear Ms. Walker:
As you are aware, it is necessary for the City of Round Rock ("City") to acquire a
Temporary Construction Easement interest across a portion of your property to assist
with completion of the proposed Lake Creek Waste Water line installation in the existing
permanent easement which goes across your property. Please allow this letter to set out
my understanding regarding our agreement for the City's purchase of a Temporary
Construction Easement ("TCE") as we have discussed in our previous correspondence
and meetings.
In return for granting a TCE in and to that certain portion of your property
containing a total 5,934 SF (+-0.136 ac.), the City will pay the sum of $1,000.00. The
form of the easement will be as shown in Exhibit "A" attached hereto. As additional
compensation for the acquisition of the easement, and as an obligation which shall
survive the completion of this transaction, on or before the completion of the proposed
wastewater installation project described herein the City agrees that it shall construct a
fence upon its adjacent property in the location and according to the specifications as
shown in Exhibit `B" attached hereto.
If this meets with your understanding then please sign where indicated below, and
we will have this executed by the City Manager and processed for payment as quickly as
possible. The City will assume all costs for recording the easement document or other
related acquisition expenses.
00334466.DOC
GM- 2P1,S--7S'2-
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
AGREED:
Helen Walker Date
CITY OF ROUND ROCK, TEXAS
Its: Y
Date:
Very truly yours,
Don Childs
Sheets & Crossfield, P.C.
2
EXHIBIT "A" TO LETTER AGREEMENT
TEMPORARY CONSTRUCTION EASEMENT
Lake Creels 2 Wastewater Line Upgrade
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That HELEN W. WALKER, an unmarried person, whose current address is 1210
Springridge St., Round Rock, and her successors and assigns (hereinafter referred to as
"Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a Texas home -
rule municipal corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of
which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a
Temporary Construction Easement, in, upon, over, under, above and across the following
described property of Grantor, to -wit:
An approximately 5,934 square foot tract of land situated in the P.A. Holder Survey,
Abstract No.297, in Williamson County, Texas; said approximately 5,934 square foot
tract of land being further described by metes and bounds in Exhibit "A" attached hereto
and made a part hereof (Parcel 4).
Such temporary construction easement shall be for the purpose of allowing Grantee, or its
agents, to construct, install, maintain, inspect, reconstruct, rebuild, repair, abandon in place, and
remove wastewater line and associated facilities and appurtenances on adjacent property within
permanent easement areas held by Grantee ("Project"). This conveyance is made and accepted
subject to any and all conditions and restrictions, if any, relating to the hereinabove described
property, to the extent, and only to the extent, that the same may still be in force and effect,
shown of record in the office of the County Clerk of Williamson County, Texas.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of construction, maintenance, abandonment and/or removal of
wastewater line and related improvements in the adjacent permanent easement areas, and for
making connections therewith; all upon the condition that upon completion of construction and
installation of the improvements, Grantee shall repair, restore, and revegetate the surface of said
premises as nearly as is reasonably possible to meet or exceed the condition which the same was
in before the work, was undertaken, including specifically the replacement of any existing survey
markers or rock rip rap placed by Grantor on the Property and which are required to be disturbed
to carry out the purposes of this easement.
This Temporary Construction Easement shall be for a term of twelve (12) months which
shall commence on the date the Grantee, its agents or assigns first take possession of the property
for the purposes identified herein.
00333181.DOC/djc
Grantee hereby covenants and agrees:
(a) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
(b) Grantor also retains, reserves, and shall continue to enjoy the surface of such
Temporary Construction Easement for any and all purposes which do not interfere
with and prevent the use by Grantee of the Temporary Construction Easement.
(c) Grantee agrees that it shall work with Grantor in the field to determine if any
modifications to the existing Lake Creels channel or material contained therein
can be realigned, modified or relocated as requested by Grantor as part of the
Project. Grantee agrees to cause the requested work to be completed only if it can
be determined by Grantee's engineers that any such modifications will not
adversely affect off site flows or have adverse impact on either upstream or
downstream adjacent properties which is otherwise prohibited by law.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Temporary Construction Easement and rights and interests unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming, or to claim same, or any part
thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed thisL
day of , 2015.
[signature page follows]
GRANTOR:
Helen W. Walker
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the 1f— day of
/ , 2015 by Helen W. Walker, in the capacity and for the purposes and
conside tion recited therein.
LISA DWORACZYK
L-
-
-_ Notary Public, state of Texas _WC Public, State of Texas
y= My Commission Expires
September 29, 2018
AGREED:
CITY OF ROUND ROCK, TEXAS
Its
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowle aged before me on this the JSI"day of
�(
2015 by uri C (," , in the capacity and for the
purpos s and consideration recited therein.
Pte: MONIQUE ADAMS
MY COMMISSION EXPIRES
•:t*^ September 18, 2015
After recording please return to:
otary Pub1i(&J State of Texas
M
1-1
'EXHIBIT "A" TO T'CE
5,934 SQUARE FEET FN. NO. 14-363(MJJ)
CITY OF ROUND ROCK SEPTEMBER 19, 2014
30' WIDE TEMPORARY EASEMENT BURY NO. R0100795-80001
DESCRIPTION
OF A 5,934 SQUARE FOOT TRACT OF LAND OUT OF THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF ROUND ROCK,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 5.290
ACRE TRACT OF LAND CONVEYED TO HELEN W. WALKER BY DEED OF RECORD
IN VOLUME 680, PAGE 182 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 5,934 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod with "Chaparral" cap found in
the easterly line of that certain 9.976 acre tract of land conveyed
to the City of Round Rock by deed of record in Document No. 9903347
of the Official Records of Williamson County, Texas, being the
southwesterly corner of that certain 0.971 acre tract of land
conveyed to the City of Round Rock by deed of record in Document
No. 2008076751 of the Official Public Records of Williamson County,
Texas and the northwesterly corner of that certain 11.223 acre
tract of land conveyed to the City of Round Rock by deed of record
in Document No. 2007071984 of said Official Public Records;
THENCE, S09008130"E, along the common line of said 9.976 acre tract
and said 11.223 acre tract, a distance of 424.24 feet to a 1/2 inch
iron rod found;
THENCE, N86051128"E, leaving the easterly line of said 9.976 acre
tract, over and across said 11.223 acre tract, a distance of 583.11
feet to a point in the common line of said 5.290 acre tract and
said 11.223 acre tract, being a point at or near the meanders of
Lake Creek, for the POINT OF BEGINNING, and northwesterly corner
hereof;
THENCE, N83°55'24"E, leaving the meanders of Lake Creek, being the
common line of said 11.223 acre tract and said 5.290 acre tract,
for the northerly line hereof, a distance of 1.96.45 feet to a point
in the westerly line of that certain 7.066 acre tract of land
conveyed to the City of Round Rock by deed of record in Document
No. 2006040154 of said Official Public Records, for the
northeasterly corner hereof;
THENCE, S02022134"E, along the westerly line of said 7.066 acre
tract, being the easterly line of said 5.290 acre tract, for the
easterly line hereof, a distance of 30.06 feet to the southeasterly
corner hereof, from which a 1/2 inch iron rod found at the common
northerly corner of Lots 6 and 7, Block N, Greenslopes at Lake
Creek Section Five -A, of record in Cabinet D, Slide 259 of the Plat
Records of Williamson County, Texas, bears 902022134"E, a distance
of 532.80 feet and S67010'15"W, a distance of 124.93 feet;
FN. NO. 14-363 (MJJ)
SEPTEMBER 19, 2014
PAGE 2 OF 2
THENCE, S83055124"W, leaving the westerly line of said 7.066 acre
tract, over and across said 5.290 acre tract, for the southerly
line hereof, a distance of 201.29 feet to a point in the common
line of said 11.223 acre tract and said 5.290 acre tract, being a
point at or near the meanders of Lake Creek, for the southeasterly
corner hereof;
THENCE, along the common line of said 11.223 acre tract and said
5.290, being a line at or near the meanders of Lake Creek, for the
westerly line hereof, the following two (2) courses and distances:
1) N13°12'16"E, a distance of 18.46 feet to an angle point;
2) NO2056157"W, a distance of 12.59 feet to the POINT OF
BEGINNING, containing an area of 5,934 square feet of land,
more or less, within these metes and bounds.
BEARING BASIS: TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE
4203, UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING
REFERENCE STATION (CORS) NETWORK AND REFERENCED TO THE CITY OF
ROUND ROCK GPS CONTROL MONUMENTION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON
THE GROUND UNDER MY DIRECTION AND SUPERVISION.
( 7/1V I
BURY -AUS, INC. JO. BILNOSKI
221 WEST SIXTH STREET R.P.L. . NO. 4998
SUITE 600 ST TE OF TEXAS
AUSTIN, TEXAS 78701 TBPLS ## F-10107500
D^a^elreo^er o��.. -..>cr Dn ect. loo l,'k
ONI
i
LINE TABLE
NO.
BEARING
DISTANCE
L1
N83'55'24"E
196.45'
L2
S2'22'34"E
30.06'
L3
S83'55'24"W
201.29'
L4
N13'12'16"E
18.46'
L5
N2'56'47"W
LOT 2, BLOCK A
LEGEND
0 1/2" IRON ROD FOUND (UNLESS NOTED)
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
47"W 12.59' G ��`�-XAQ
VRA ` 0 100 200 300 400
0\9S® 1"=200'
LOT 1, BLOCK A
CITY OF ROUND ROCK
0.971 ACRES
LOT 1, BLOCK A
CHAPARRAL DOC. NO. 2008076751
COLONIAL GRAND
CAP
AT ASHTON OAKS
CAB. DD, SL. 363
Ln 20' WASTEWATER EASEMENT
0
CR AND RIGHT-OF-WAY
o DOC. NO. 2001063998
A (HATCHED AREA)
LOT 2, BLOCK A
cz
CITY OR ROUND ROCK
11.223 ACRES
1�
DOC. NO, 2007071984
\
P.O.B.
MEANDERS OF
LAKE CREEK
(DEED LINE)
,.,---L2
N86'S1'28"E 583.11 _ _
— — — _ 1-4-1-5�
L3
CITY OR ROUND ROCK
CITY OF ROUND ROCK
7.066 ACRES
9.976 ACRES
DOC. NO. 9903347
30' TEMPORARY
cn
N DOC. NO. 2006040154
EASEMENT
(5,934 SQ. Ff,)
Do
HELEN W. WALKER
5.290 ACRES
41 1, .�� �,�,�"
P'l
MEANDERS OF
LAKE CREE/f
VOL. 680, PG. 182
o�r�etir„�
(DEED L/NE)
S67'10'15"W
67
GEORGE W AND124.93'
1 0 �
z
JEANNE G VANCE
3 r m
5,00 ACRES
a
5
DOC. N0, 1996037349
6
GR EN 5 S AT LAKE
7
C SECT) —A ® 7 -
BLOCK
BLOCK N
CAB SL, 2 9
SKETCH TO ACCOMPANY DESCRIPTION
OF 5,934 SQUARE FEET OF LAND OUT OF THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF
CITY
�'� ®�
221 West Six111 SUeel, Suite 800
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION
Austin, Texas 78701
OF THAT CERTAIN 5.290 ACRE TRACT OF
LAND CONVEYED TO®�Itl®
ROCK //�v�(
let. J512) 328.0011 Fox (512) 32&0325
HELEN W. WALKER BY DEED OF RECORD IN VOLUME 680,
I''1®dJ r!
7BPE#F-1048 TSPLSUF•10107500
PAGE 182 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
Copy,ighl® 201.1
TEXAS.
DATE: 9/18/2014 DRAWN BY: M.J.J.
FN: 14.363(MJJ) FILE: HAl0079510011100795001EX10.DWG
PROJECT No. R010079580001
H:\100795\001\100795001EX10.dwg Dec 3, 14 2:49 PM by. mjezisek
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