R-00-05-11-14C13 - 5/11/2000K \WPOOCS \RESOLUTI\ROOS11C.11 /cdc
RESOLUTION NO. R- 00- 05- 11 -14C13
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ROUND
ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY; GIVING NOTICE OF
OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE
COUNTY ROAD 116 WATERLINE PROJECT AND ASSOCIATED
PUBLIC PURPOSES; ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, upon consideration of the matter,
has determined that there is a public necessity for the welfare of
the City and the public -at -large to build, install, construct and
maintain a waterline along County Road 116 and to perform
associated public purposes ( "Project "); and
WHEREAS, in accordance with the above, the City Council,
hereby finds that it is a necessity and in the public interest to
acquire a permanent easement in approximately .829 acres of land,
in Williamson County, Texas more particularly described in Exhibit
"A ", attached hereto and incorporated herein by reference
( "Property "); for the above stated public purposes; and
WHEREAS, it is necessary to establish procedures for
determining and approving just compensation for the Property to be
acquired for this Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
Section 1. The City Council hereby finds and determines that
it is necessary for the welfare of the City and its citizens and is
in the public interest to construct, install, and maintain a
waterline along County Road 116 and to acquire a permanent easement
in the above described lands, in order to allow the City to
complete said Project.
Section 2. The City Attorney or its designated agent, is
hereby authorized on behalf of the City to attempt to contract, on
behalf of the City, professional surveyors and appraisers, as
needed, to perform professional services in connection with the
County Road 116 Waterline Project and associated public purposes,
to negotiate, settle and agree on damages and compensation to be
paid to owners of the Property, and to make official, written, bona
fide offers to the owners for the appraised value of said Property.
If it is determined that an agreement as to the value of said
Property, damages and /or compensation to be paid cannot be reached,
then the City Attorney is hereby authorized to file or cause to be
filed, against the owners and interested parties of the Property,
proceedings in eminent domain to acquire a permanent easement in
the above described lands, in order to allow the City complete said
Project, and to perform and undertake all other proceedings
2
necessary to complete the acquisition of the Property.
Section 3. It is the intent of the City Council that this
resolution authorizes the condemnation of all property required to
complete the County Road 116 Waterline Project and associated
public purposes. If it is later determined that there are any
errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the City Attorney is
authorized to have such errors corrected or revisions made without
the necessity of obtaining a new resolution of the City Council
authorizing the condemnation of the corrected or revised Property.
Section 4. The findings of fact, recitations of provisions set
in the preamble of this Resolution are adopted and made a part of
the body of this resolution, as fully as if the same were set forth
herein.
Section 5. This Resolution shall become effective immediately
from and after its approval.
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, and the Act.
3
ATTEST:
RESOLVED this the 11th day of May, 2000.
Cit Secretar
Cf gt liz.N la, 4ssr.
4
City of Round Rock, Texas
Metes and Bounds Description
Public Utility Easement
0.829 Acres (36,130 Sq. Ft.)
Being an easement containing 0.829 acres (36,130 square feet) of land situated in the J. S.
Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 13.37 acre
tract conveyed to Felter Investments, Ltd. by deed recorded under Document No. 9640148 of the
Official Records Williamson County, Texas (O.RW.C.T.). Said 0.829 acre easement being more
particularly described by metes and bounds as follows with all bearings referenced to Texas State
Plane Coordinate System, Central Zone in terms df NAD83/93 datum, surface distances recited
herein may be converted to grid by multiplying by the combined factor of 0.999870053:
COMMENCING for reference at Y2 -inch iron rod found marking the northwest corner said
13.37 acre tract and being the southwest corner of a Lot 5, Block A of Park Central One, Section
II recorded in Cabinet 0, Slides 246 -248 of the Williamson County Plat Records (W.C.P.R.);
THENCE, South 42°11'18" East, crossing said 13.37 acre tract, a distance of 1,101.29 feet to the
POINT OF BEGINNING of the herein described easement, being a point in the line common to
the easterly line of said 13.37 acre tract and a westerly line of a called 92.15 acre tract conveyed
to Ronald Benderson etal by deed recorded under Document No. 9725164 of said O.R. W.C.T.;
THENCE, South 20 °20'47" East, along the line common to said 13.37 acre tract and to said
92.15 acre tract, a distance of 70.04 feet to most southeast corner of said 13.37 acre tract, being
the southwest corner of said 92.15 acre tract and being a point in a northerly right -of -way line of
Westinghouse Road (County Road 111);
THENCE, South 67 °41'30" West, along the line common to said right -of -way line and to said
13.37 acre tract, a distance of 504.33 feet to the southwest corner of said 13.37 acre tract and
being the southeast corner of a 35 -foot wide Road Widening Dedication as shown on the plat of
Park Central One, Section I, a subdivision of record in Cabinet J, Slides 181 -182 of said
W.C.P.R;
THENCE, North 22 °18'30" West, along the easterly line of said Roadway Dedication and a
westerly line of said 13.37 acre tract, a distance of 35.00 feet the beginning of a non - tangent
curve to the right and being a point in the easterly right -of -way line of ACM Way (70 feet wide)
as shown on said plat of Park Central One, Section I;
THENCE, along the lines common to said ACM Way right -of -way and to said 13.37 acre tract,
the following two (2) courses:
1. 39.28 feet along the arc of said curve to the right having a Delta Angle 90 °00'54 ", a
Radius of 25.00 feet and a Chord Bearing and Distance of North 67 °18'30" West, 35.36
feet to the end of said curve;
Page I of 2
PAR3.doc
2. North 22 °18'30" West, a distance of 10.00 feet to the northwest corner of the herein
described easement;
THENCE, North 67 °41'30" East, crossing said 13.37 acre tract, a distance of 531.73 feet to the
POINT OF BEGINNING and containing a computed area of 36,130 square feet or 0.829 acres
of land more or less
A separate sketch of easement accompanies this metes and bounds description.
Prepared By:
SURVCON INC.
5316 Hwy. 290 West, Suite 480
Austin, Texas 78735
Job No. 417 -731
24 February, 2000
Page 2 of 2
PAR3.doc
FRANCIS HUDSON SURVEY, A -295
— APPROXIMATE SURVEY UNE LOCATION • • —
J.S. PATTERSON SURVEY, A -502
CURVE TABLE
DELTA ANGLE
6000 54
RADIUS
25 00'
CHORD BEARING
N 5718'30' W
CHORD DISTANCE
35.36'
NOTES:
PARK CENTRAL ONE
SECTION I
CAB. J. SL. 181 -182
W.C.P.R.
P.O.C.
LEGEND:
P.O.B.
P.O.C.
•
O
O R.WC..
C.D.R.
WC.P.R.
P.0 E
06
531.73'
(SEE NOTE 4.)
PONT OF BEGINNING
POINT OF COMMENCING
1/2 INCH IRON ROO FIND (UNLESS NOTED ORIERNISE)
INDICATES EASEMENT CORNER NOT SET.
INDICATES OFFICIAL RECORDS 97W09100N COUNTY, 1EXAS
INDICATES WIWAM509 COUNTY DEED RECORDS
INDICATES YAW/JASON COUNTY PUT REC00D5
INDICATES PUBUC UTILITY EASEMENT.
INDICATES DRAINAGE EASEMENT.
NDCA1E5 PROPERTY UNE
FELTER INVESTMENT LTD.
CALLED 13.37 ACMES
DOCUMENT N0. 9640148
O.R.W.C.T.
S 67'41'30" W
504.33'
1^
1. 1105 SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION.
2. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE SYSTEM. TEXAS CENTRAL ZONE
IN TERMS OF NAD83/03 DATUM, 0080000 D IN U.S. SURVEY FEET. DISTANCE SHOWN HEREON
ANY BE CONVERTED TO GRID BY MULTIPLYING BY DE COMBINED FACTOR OF 0.999870053.
3. UNLESS OINERWISE SHOWN HEREON ALL P.U.E. 0 E AND ROADWAY DEDICATION OR PER THE
RECORDED PUT OF PARK CENTRAL ONE SECTION II AS RECORDED IN CABINET 0.
SOLES 246 -248 MC P.R.
4. LOT 5, BLOCK A OF PARK CENTRAL ONE SEC0ON 11 RECORDED IN
CABINET 0, SLIDES 246 -248 W.CA.0.
WESTINGHOUSE ROAD (COUNTY ROAD NO. 111)
(WIDTH VARIES)
SKETCH OF
PUBLIC UTILITY EASEMENT
0.829 ACRES (36,130 SQ. FT.)
J.S. PATTERSON SURVEY__,_ A -502
WILLIAMSON COUNTY, (A S
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST, SUITE 480
AUSTIN. TEXAS 78736
TELEPHONE (512) 699 -8282. FAX (512) 899 -9390
EMAIU amlinOaurvcon.com
SCALE: 1' - 80'
DATE 24 FEB. 2000
DRAWN BY: NH
CHECKED BY: DJA/MH
JOB at 417 -731
F.B. 1: N/A
CO FILE:
417731 \0WG \PAR3.BWG
DATE: May 5, 2000
SUBJECT: City Council Meeting — May 11, 2000
ITEM: 14.C.13. Consider a resolution determining the public necessity for
acquiring a permanent easement in 0.829 acres (36,130 square
feet) of land situated in the J.S. Patterson Survey, A -502 of
Williamson County, Texas, and being a portion of a called 13.37
acre tract conveyed to Fetter Investments, Ltd., by deed recorded
under Document No. 9640148 of the Official Records
Williamson County, Texas; for the purpose of constructing and
maintaining a waterline along County Road 116 and
authorizing the City Attorney to initiate eminent domain
proceedings to acquire the needed property concerning the
County Road 116 Waterline Easement Project. The City of
Round Rock needs to acquire a permanent easement for the
construction and maintenance of a waterline along County Road
116. The passage of this resolution is necessary in order to allow
the City Attorney to begin negotiations with the landowner for
payment of the fair market value of the property described above,
and if said negotiations become futile, to initiate eminent domain
proceedings to acquire the above described property for the
permanent easement. Staff recommends approval. Staff Resource
Person: Jim Nuse, Public Works Director.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATER LINE EASEMENT
2000079336 8 pgs
KNOW ALL MEN BY THESE PRESENTS:
THAT FELTER INVESTMENTS, LTD., and its successors and assigns
( "Grantor "), for and in consideration of the sum of TEN and
no /100th DOLLARS ($10.00) and for other good and valuable
consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal
corporation ( "Grantee "), receipt and sufficiency of which is hereby
acknowledged, does hereby Grant, Sell, and Convey, unto Grantee,
subject to the provisions and conditions hereinafter set forth, an
easement and right -of -way to construct, install, operate, maintain,
inspect, reconstruct, rebuild, repair, and remove two waterlines
for a water distribution system, together with all necessary lines,
pipes, conduits, valves, vaults, manholes, ventilators, and other
equipment, improvements and appurtenances thereto, in, upon, over,
under, and across the following described property of Grantor, to-
wit:
See Exhibit "A" attached hereto and incorporated herein by
reference for all purposes.
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.
Except as otherwise noted, the Easement, rights and privileges
herein granted shall be perpetual, provided however, that said
Easement, rights, and privileges shall cease and revert to Grantor
in the event both waterlines are abandoned, or shall cease to be
used, for a period of five (5) consecutive years.
The Easement, rights, and privileges granted herein are
exclusive.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width
thereof and to extend the cuts and fills for such grading
into and on the land along and outside the Easement to no
more than twenty (20) feet;
(b) the right to support the pipelines across ravines and
watercourses with such structures as Grantee shall deem
C \ Text \RoundRock\ Condemnation \CR116 \Pelter \HTLNEAS PRM /cdc
necessary;
(c) the right of ingress to and egress from the Easement over
and across Grantor's property by means of roads and lanes
thereon, if such exist, otherwise by such route or routes
as shall occasion the least practicable damage and
inconvenience to Grantor; provided that such right of
ingress and egress shall not extend to any portion of
Grantor's property which is isolated from the Easement by
any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress and
egress includes the right of the Grantee to disassemble,
remove, take down, and clear away any fence, barricade,
or other structure which obstructs, prevents, or hinders
Grantee's ingress to and egress from the Grantor's
property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such
fence, barricade, or other structure, Grantee shall, as
soon as is reasonably feasible, replace or restore
Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to
Grantee's actions pursuant to this provision, the
foregoing right of ingress and egress applies during all
periods of construction, installation, operation,
maintenance, reconstruction, rebuildings, repairs, and
removal as well as other purposes necessary for the
proper use of this Easement;
(d) the right of ingress and egress from time to time, and at
Grantee's sole cost and expense, to trim and to cut down
and clear away any and all trees and brush now or
hereafter on the Easement and to trim and to cut down and
clear away any trees on either side of the Easement which
now or hereafter in the opinion of Grantee may be a
hazard to the pipelines, valves, appliances or fittings,
by reason of the danger of falling thereon, or which may
interfere with the exercise of Grantee's rights
hereunder, provided, however, that all trees which
Grantee is hereby authorized to cut and remove, if
valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse
wood shall be removed by Grantee;
(e) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
Easement;
(f) the right to mark the location of the Easement by
suitable markers set in or upon the ground; provided that
such markers shall be placed on fences or other locations
which will not interfere with any reasonable use Grantor
shall make of the Easement.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement;
(b) Grantee shall promptly backfill any trench made by it on
the Easement and repair any damage it shall do to
Grantor's private roads or lanes on the lands;
(c) 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;
(d) Grantee shall, after any construction or maintenance of
the waterlines contemplated herein, shall restore the
surface of the easement as near as possible to the
condition said surface was in prior to said construction
and maintenance.
Grantor also retains, reserves, and shall continue to enjoy
the surface of such Easement for any and all purposes which do not
interfere with and prevent the use by Grantee of the Easement,
including the right to build and use the surface of the Easement
for drainage ditches and private streets, roads, driveways, alleys,
walks, gardens, lawns, parking areas and other like uses and /or to
dedicate all or any part of the surface of the property affected by
this Easement to any city or county for use as a public street,
road or alley; provided Grantor shall not erect or construct on the
Easement any building or other structure such as a patio, swimming
pool, sport court, storage shed, accessory building, barbeque pit
or similar structure, or drill or operate any well, or construct
any reservoir or other obstruction on the Easement.
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 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 this lie " day of Nosic. ,caeq, , 2000.
STATE OF TEXAS
COUNTY OF WILLIAMSON
FELTER INVESTTMMENTS, LTD.
BY: 2QFAt,A\ \ec;TO
BRENDA HORTON
Title:
Its General Partner /A,dce
This instrument was acknowledged before me on this the
day of 2000, by Brenda Horton, in /her capacity
as, General Partner /Trustee of FELTER INVESTMENTS, LTD. on behalf
of same for the purposes and considerat:in there'n e pressed.
11411110, �IALt "21. � //
Nol ii
blic, State i Texas
Prin ame:
KATHRYN ELISABETH KEEP
MY COMMISSION E %PIPES
October 13,2003
After recording
please return to:
§
§
My Commission Expires:
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
Metes and Bounds Description
25 -Foot Waterline Easement
0.304 Acres (13,259 Sq. Ft.)
Being an easement containing 0.304 acres (13,259 square feet) of land situated in the J. S.
Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 13.37 acre
tract conveyed to Felter Investments, Ltd. by deed recorded under Document No. 9640148 of the
Official Records Williamson County, Texas ( O.R.W.C.T.). Said 0.304 acre easement being
more particularly described by metes and bounds as follows with all bearings referenced to the
Texas State Plane Coordinate System, Central Zone in terms of NAD83/93 datum, surface
distances recited herein may be converted to grid by multiplying by the combined factor of
0.999870053:
COMMENCING for reference at %z -inch iron rod found marking the northwest comer said
13.37 acre tract and being the southwest comer of a Lot 5, Block A of Park Central One, Section
II recorded in Cabinet 0, Slides 246 -248 of the Williamson County Plat Records (W.C.P.R.);
THENCE, South 42 °11'18" East, crossing said 13.37 acre tract, a distance of 1,101.29 feet to the
POINT OF BEGINNING of the herein described easement, being a point in the line common to
the easterly line of said 13.37 acre tract and a westerly line of a called 92.15 acre tract conveyed
to Ronald Benderson et al by deed recorded under Document No. 9725164 of said O.R.W.C.T.;
THENCE, South 20 °20'47" East, along the line common to said 13.37 acre tract and to said
92.15 acre tract, a distance of 25.01 feet to the southeast comer of the herein described easement;
THENCE, South 67 °41'30" West, across said13.37 acre tract, a distance of 525.87 feet to a point
on the westerly line of said 13.37 acre tract also being a point on the east right -of -way line of
ACM Way (70 feet wide) as shown on the plat of Park Central One, Section I a subdivision of
record in Cabinet J, Slides 181 -182 W.C.P.R.;
THENCE, along the lines common to said ACM Way right -of -way and to said 13.37 acre tract,
the following two (2) courses:
1. 16.09 feet along the arc of a curve to the right having a Delta Angle 36 °52'39 ", a Radius
of 25.00 feet and a Chord Bearing and Distance of North 40 °44'22" West, 15.81 feet to
the end of said curve;
2. North 22 °18'30" West, a distance of 10.00 feet to the northwest comer of the herein
described easement;
rx/tt6;
Page 1 of 2
PAR3AI.doc
THENCE, leaving the right -of -way line of said ACM WAY and across said 13.37 acre tract,
North 67 °41'30" East, a distance of 531.73 feet to POINT OF BEGINNING and containing a
computed area of 13,259 square feet or 0.304 acres of land more or less.
A separate sketch of easement accompanies this metes and bounds description.
Prepared By:
SURVCON INC.
5316 Hwy. 290 West, Suite 480
Austin, Texas 78735
Job No. 417 -731
May , 2000
/4s -rte
6(Z(ZCt%&
Page 2 of 2
PAR3AI.doc
LINE TABLE
LINE
BEARING
LENGTH
L1
N 2718'30" W
10.00'
L2
S 20'20'47" E
25.01'
L3
S 20'20'47" E
45.03'
L4
N 2718'30" W
35.00'
PARK CENTRAL ONE
SECTION I
CAB. J, SL. 181 -182
W.C.P.R.
30
Q
P.O.C.
LOT 5, BLOCK A OF.PARK CENTRAL ON
' CABINET; 0.',SLIDES 246 -248 W.C.P.R
LEGEND: A . uE ,
P.O.B. POINT OF BEGINNING
U .., IL•IJQ ' P.O.C. ! .POINT JOF COMMENCING
,j •? - ,� , 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE)
7 y;i 0 ' EASEMENT, CORNER NOT SET.
-,� 5 O.R.W,C.T. INDICATES OFFICIAL RECORDS VALLIAMSON COUNTY, TEXAS
W.C.D.R. '" INDICATES' WILLIAMSON COUNTY DEED RECORDS
W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
P.0 E. INDICATES PUBLIC UTILITY EASEMENT.
0.E INDICATES DRAINAGE EASEMENT.
IE INDICATES PROPERTY LINE
FRANCIS HUDSON SURVEY, A -295
APPROXIMATE SURVEY LINE LOCATION —
J.S. PATTERSON SURVEY, A - 502
N67'41'30 "E
525.87'
� 6(z (zCX0
FELTER INVESTMENT, LTD.
CALLED 13.37 ACRES
DOCUMENT NO. 9640148
O.R.W.C.T.
CURVE TABLE
NUMBER
ARC LENGTH I DELTA ANGLE RADIUS
16.09' 36'52'39" 25.00'
23.19• 530819" 2500'
C1
C2
C HORD BEARING CHORD DISTANCE
N 40'44'22' W
1581'
N 85'44'49 W
22 36'
N 6741'30" E
531.73'
S 67'41'30" W
504.33'
ESTINGHOUSE ROAD (COUNTY ROAD
(WIDTH VARIES)
F
NOTES:
1. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION
2. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE SYSTEM. TEXAS CENTRAL ZONE
IN TERMS OF NAD83/93 DATUM, EXPRESSED IN U.S. SURVEY FEET. DISTANCE SHOWN HEREON
MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053.
3. UNLESS OTHERWISE SHOWN HEREON AU. P.U.E., D.E. AND ROADWAY DEDICATION OR PER THE
RECORDED PLAT OF PARK CENTRAL ONE SECTION II AS RECORDED IN CABINET 0,
SLIDES 246 -248 W.C.P.R.
TION II RECORDED IN
P.O•B
WATERL NE
EASEMEMT
25' WATERLINE EASEMENT
0.304, ACRES (13,259 SO. FT.
ACCESS AND CONSTRUCTION EASEMENT
0.525 ACRES (22,869 S0. FT.)
DATE: 2 JUNE 2000
DRAWN BY: Al-
CHECKED BY: WA
F.B. #: N/A
-.v
1
N P
ACCE AND
CONSTRUCTION
S
NO. 111) SKETCH OF
25' WATERLINE EASEMENT
0.304 ACRES (13,259 SO. FT.)
ACCESS AND CONSTRUCTION EASEMENT
0.525 ACRES (22,869 SO. FT.)
J.S. PATTERSON SURVEY A -502
WILLIAMSON COUNTY, TEXAS
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST, SURE 480
AUSTIN, TEXAS 78736
• TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: auslin®survcon.com
SCALE: 1" a 80' JOB 1: 417 -731
CAD FILE:
417731 \ DWG \PAR3.DWG
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
11- 30 -200d` 10:41 AM 2000079336
ANDERSON $23.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11/21/2000 TUE 10:47 FAX BROWS McCARROLL SHEETS & U002/000
.
TEMPORARY ACCESS and CONSTRUCTION EASEMENT
N STATE OF TEXAS
§ KNOW ALL MEN EY THESE PRESENTS
O. COUNTY OF WILLIAMSON
THAT FELTER SNVESTMENTS, LTD., and its successors and assigns
03 ( "Grantor "), for and in consideration of the sum of TEN and no /100th
DOLLARS ($10,00) and for other good and valuable consideration paid by
the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantee "),
• receipt and sufficiency of which ie hereby acknowledged, does hereby
Grant, Sell, and Convey, unto Grantee, subject to the provisions and
O conditions hereinafter set forth, a TEMPORARY access and construction
Q easement and right -of -way to access, construct, install, operate, and
maintain two waterlines for a water distribution system, together with
O all necessary lines,. pipes, = conduits, 'valves, vaults, manholes,
O ventilators, and other equipment, improvements, and appurtenances
(� thereto; in, upon, over, under, and across the,following described
property of Grantor, to - wit:
See Exhibit "A" attached hereto.
THEREFORE, it is the intention and desire of Grantor, that in
addition to the waterline easement described above, Grantee shall have
access to and the right to use the surface of the Property described
above as may be reasonably necessary for Grantee to access, construct
and install the facilitiee contemplated in the Waterline Drainage
Easement. This Temporary Access and Construction Easement shall
terminate when the construction of the improvements and restoration of
the surface, as contemplated herein are completed.
On completion of construction and installation, Grantee shall
replace and restore the entire surface covered by this Temporary
Access and Construction Easement as well as the Waterline Easement to
the condition it was in before the construction period.
The consideration recited herein shall constitute payment in full
for all damages sustained by Grantor by reason of the installation of
the structures referred to herein or in the Waterline Easement
described above.
IN WITNESS WHEREOF the said Grantor has executed this instrument
this WY- day of 1404GM FPl , 2000.
S
`aA weow A.P b �
Brenda Horton
General Partner /Trustee for
Felter Investments, Ltd.
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11/21/2000 TtE 10:47 FAX BROWN McCARROLL SHEETS &
STATE OF TEXAS
COUNTY OF WILL_IAMSON
ow Pt* BONNE J. KISER
& NOTARY PUBLIC
State of Texas
ac e Comm Exp. 03-19-2003
0
This instrument was acknowledged before me on this the o2 / - day
of /1 „+6ir, 2000, by Brenda Horton as General Partner /Trustee for
Felter Investments, Ltd..
2.
Notary Pub c, State of Texaa
Printed Name: a/N %E .T ka'g .
My Commission Expires: 3 - 12Ge4
Q003/005
Metes and Bounds Description
Access and Construction Easement
0.525 Acres (22,869 Sq. Ft.)
Being an easement containing 0.525 acres (22,869 square feet) of land situated in the J. S.
Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 13.37 acre
tract conveyed to Felter Investments, Ltd. by deed recorded under Document No. 9640148 of the
Official Records Williamson County, Texas ( O.R.W.C.T.). Said 0.525 acre easement being
more particularly described by metes and bounds as follows with all bearings referenced to the
Texas State Plane Coordinate System, Central Zone in terms of NAD83/93 datum, surface
distances recited herein may be converted to grid by multiplying by the combined factor of
0.999870053:
COMMENCING for reference at V2 -inch iron rod found marking the northwest comer said
13.37 acre tract and being the southwest comer of a Lot 5, Block A of Park Central One, Section
II a subdivision of record in Cabinet 0, Slides 246 -248 of the Williamson County Plat Records
(W.C.P.R.);
THENCE, South 42 °11'18" East, crossing said 13.37 acre tract, a distance of 1,101.29 feet to a
point in the line common to the easterly line of said 13.37 acre tract and a westerly line of a
called 92.15 acre tract conveyed to Ronald Benderson et al by deed recorded under Document
No. 9725164 of said O.R.W.C.T.;
THENCE, South 20 °20'47" East, a distance of 25.01 feet to the POINT OF BEGINNING of
the herein described easement also being a point on the line common to said 13.37 acre tract and
said 92.15 acre tract;
THENCE, South 20 °20'47" East, a distance of 45.03 feet to the southeast corner of the said
13.37 acre tract also being a point on the north right -of -way line of Westinghouse Road (County
Road 111);
THENCE, South 67 °41'30" West, along the line common to said right -of -way line and to said
13.37 acre tract, a distance of 504.33 feet to the southwest comer of said 13.37 acre tract and
being the southeast corner of a 35 -foot wide Road Widening Dedication as shown on the plat of
Park Central One, Section I, a subdivision of record in Cabinet J, Slides 181 -182 of said
W.C.P.R.;
THENCE, North 22 °18'30" West, along the easterly line of said Roadway Dedication and a
westerly line of said 13.37 acre tract, a distance of 35.00 feet the beginning of a non - tangent
curve to the right and being a point in the easterly right -of -way line of ACM Way (70 feet wide)
as shown on said plat of Park Central One, Section I;
Ex6; f „4
Page 1 of 2
PAR3A2.doc
THENCE, 23.19 feet along the are of said curve to the right having a Delta Angle 53 °08'19 ", a
Radius of 25.00 feet and a Chord Bearing and Distance of North 85 °44'49" West, 22.36 feet to a
point;
THENCE, North 67 °41'30" East, crossing said 13.37 acre tract, a distance of 525.87 feet to the
POINT OF BEGINNING and containing a computed area of 22,869 square feet or 0.525 acres
of land more or less.
A separate sketch of easement accompanies this metes and bounds description.
Prepared By:
SURVCON INC.
5316 Hwy. 290 West, Suite 480
Austin, Texas 78735
Job No. 417 -731
MAY, 2000
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
11 -30 -2000 10:41 AM 2000079338
ANDERSON $15.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
ix. \Ne -1. a 4
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Page 2 of 2
PAR3A2.doc
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PARK CENTRAL ONE
SECTION I
CAB. J, SL. 181 - 182
W.C.P.R.
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P.O.C.
FRANCIS HUDSON SURVEY, A -295
APPROXIMATE SURVEY LINE LOCATION
J.S. PATTERSON SURVEY, A -502
LINE TABLE
UNE 1 BEARING 1 DISTANCE
531.73'
(SEE NOTE 4.)
CURVE TABLE
NUMBER
CI
ARC LENGTH
39.28'
DELTA ANGLE
90'00'54"
RADIUS
25.00'
CHORD BEARING
N 8718'30" W
CHORD DISTANCE
35.36'
0.829 ACRES (38,130 SQ. FT.)
PUBLIC OWN EASEMENT
N 67'41'30" E
S 67'41'30" W
504.33'
FELTER INVESTMENT, LTD.
DOCUMENT 9640148
O.R.W.C.T.
An
a.
LP.
WESTINGHOUSE ROAD (COUNTY ROAD NO. 111)
(WIDTH VARIES)
LEGEND:
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
• 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE)
O INDICATES EASEMENT CORNER NOT SET.
O.R.W.C.T. INDICATES OFFICIAL RECORDS IMWAMSON COUNTY, TEXAS
W.C.D.R. INDICATES WIWAMSON COUNTY DEED RECORDS
W.C.P.R. INDICATES WIWAMSON COUNTY PLAT RECORDS
P.U.E. INDICATES PUBLIC UTIUTY EASEMENT.
D.E. INDICATES DRAINAGE EASEMENT.
C INDICATES PROPERTY UNE
P.0.8.
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SKETCH OF
PUBUC UTILITY EASEMENT
0.829 ACRES (36.130 SQ. FT.)
J.S. PATTERSON SURVEY A -502
WIUJAMSON COUNTY, Tb(AS
NOTES:
1. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION.
2. BEARINGS ARE IN TERMS OF STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE
IN TERMS OF NAD83 /93 DATUM, EXPRESSED IN U.S. SURVEY FEET. DISTANCE SHOWN HEREON
MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053.
3. UNLESS OTHERWISE SHOWN HEREON ALL P.U.E., D.E. AND ROADWAY DEDICATION OR PER THE
RECORDED PLAT OF PARK CENTRAL ONE SECTION II AS RECORDED IN CABINET 0,
SUDES 246 -248 W.C.P.R.
4. LOT 5, BLOCK A OF PARK CENTRAL ONE SECTION II RECORDED IN
CABINET 0, SUDES 246 -248 W.C.P.R.
e SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST, SUITE 480
AUSTIN, TEXAS 78736
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: oustinOsurvcon.com
SCALE: 1 - 80'
DATE: 24 FEB. 2000
DRAWN BY: NH
CHECKED BY: DJA /NH
JOB #: 417 - 731
F.B. #: N/A
CAD FILE:
417731 \ DWG \PAR3.DWG