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R-00-05-11-14C14 - 5/11/2000KA \RPOOCS \RRSOLUTI \R00511C.14/cdc RESOLUTION NO. R- 00- 05- 11 -14C14 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 1.520 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. C Secretary ISI'MJ ar T 4 AS9'( 4 E A / ROB RT A. S LUKA, Mayor City of Round Rock, Texas Metes and Bounds Description Public Utility Easement 1.520 Acres (66,196 Sq. Ft.) Being an easement containing 1.520 acres (66,196 square feet) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas ( O.R.W.C.T.). Said 1.520 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 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'/ -inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725164 of said O.R.W.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 71 °20'27" West, crossing said 92.15 acre tract and a portion of said Westinghouse Road right -of -way, a distance of 690.01 feet to the POINT OF BEGINNING of the herein described easement, being the southwest corner of a called 3.35 acre tract described in deed to Ronald Benderson etal recorded under Document No. 9725163 of said O.R W.C.T., being an interior comer of said 92.15 acre tract; THENCE, continuing along the line common to said northerly right -of -way line and to the southerly lines of said 92.15 acre tract the following two (2) courses: 1. South 69 °44'49" West, a distance of 871.65 feet to an angle point; 2. South 64 °59'55" West, a distance of 258.80 feet to southwest corner of said 92.15 acre tract and being the southeast comer of a called 13.37 acre tract described in deed to Felter Investments, Ltd. recorded under Document No. 9640148 of said O.R.W.C.T.; THENCE, North 20 °20'47" West, along the line common to the easterly line of said 13.37 acre tract and to a westerly line of said 92.15 acre tract, a distance of 70.64 feet to the northwest corner of the herein described easement; THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.40 feet to an angle point; 2. North 64 °59'55" East, a distance of 164.91 feet to an angle point; Page 1 of 2 PARIA.doc 3. North 69 °44'49" East, a distance of 876.10 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18°13'3 1" East, along the westerly line of said 3.35 acre tract, a distance of 58.04 feet to the POINT OF BEGINNING and containing a computed area of 66,196 square feet or 1.520 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 PARIA doc RONALD 8ENDERSON ET. AL CALLED 3.35 ACRES TRACT N0. 4 DOCUMENT N0. 9725163 WESTINGHOUSE RD. (COUNTY RD. N0. 111) (WIDTH VARIES) GEES: UNE TABLE UNE BEARING DISTANCE L3 N 2070'47' W 7064' L4 N 72'48'06 F 91 40 L5 S 1813'11' E 5804' Ll N 15'33'01" W 58 20' L2 9 2012'12' E 5800' RONALD BENDERS() CALLED 92.15 ACRES TRACT N0. 4 DOCUMENT NO. 9725164 CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 848, PG. 817 W.C.D.R. 871.65' THIS 9KE101 OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS OESCBIPOON. BEARINGS ARE IN TERNS OF STATE PLANE COORDINATE SY51EM. TEICAS CENTRAL ZONE IN TERMS OF NA083/93 DANIL EXPRESSED IN U.S, SURVEY FEET. DISTANCE SIIDWN HEREON AMY BE CONVERTED TO GRID BY 98.11PLYMIG BY THE GOWNED FACTOR OF 0999870053. CHARLES J. JOHNSON CALLED 2.00 ACRES CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 848, PG. 817 LEGEND: P.D.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING • 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) 0 INDICATES EASEMENT CORNER NOT SET. O.R.W.C.T. INDICATES OFFICIAL RECORDS WIWAM509 COUNTY, TEXAS W.C.D.R. INDICATES WLUAM50N COUNTY DEED RECORDS W.C.P.R. INDICATES NILUAUSON COUNTY PLAT RECORDS P.U.E. INDICATES PUBUC UTIUTY EASEMENT. D.E. INDICATES DRAINAGE EASEMENT. @ INDICATES PROPERTY UNE RONALD BENDER50N ET. AL CALLED 92.15 ACRES TRACT N0. 4 DOCUMENT NO. 9725164 'TRACT 2- PUBLIC LmL nY EASEIAENT 1.520 ACRES (66,196 SQ. FT,) N 64'5955' E N 69'44'49" E . ) - �• 1 N 69'44'49" E 241,11' S 69'44'49" W 245.63' S 71 20'27'�W , 690.01' TRACT 1 PUBUC Ui1LRY EASEMENT 0.324 ACRES (14,121 SQ. FT,) P.O.B. MARGARET M. NASH CALLED 200 ACRES VOL 802, PG. 355 W.C.D.R. P.O.C. S 74�419L_14 2��09• WESTINGHOUSE RD. (COUNTY RD. N0. 111) (WIDTH VARIES) KETCH PUBUC S UTILITY ° EASEMENT TRACT 1 0.324 ACRES 14121 SQ. FT.) TRACT 2 1.520 ACRES 66,196 SQ. FT. J.S PATTERSON SU A -502 WIUJAMSON COUNTY, TEXAS e SURVCON INC. PROFESSIONAL SURVEYORS 5319 HWY. 290 WEST. SURE 480 AUSTIN. TEXAS 78738 TELEPHONE (512) 899 -8282. FAX (512) 099 -9390 ELM: oua6nOaurveon.com SCAM 1' .• 100' ' JOB /: 417 -731 DATE 24 FEB. 2000 F.B. /: N/A DRAWN BY: NH CHECKED EY: OIA/60 CAD FILE 417731 \DWG \PAR1 -8 Own DATE: May 5, 2000 SUBJECT: City Council Meeting — May 11, 2000 ITEM: 14.C.14. Consider a resolution determining the public necessity for acquiring a permanent easement in 1.520 acres (66,196 square feet) of land situated in the J.S. Patterson Survey, A -502 of Williamson County, Texas, and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in deed recorded under Document No. 9725164 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. 2001027 08 20 Res TEMPORARY ACCESS and CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF WILLIAMSON See Exhibit "A" attached hereto. ' KNOW ALL MEN BY THESE PRESENTS THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their 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, a TEMPORARY access and construction easement and right -of -way ( "Temporary Easement") to access, construct, install, operate, and maintain 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: THEREFORE, it is the intention and desire of Grantor, that Grantee shall have access to and the right to use the surface of the Temporary Easement described above as may be reasonably necessary for Grantee to exercise certain rights conferred to Grantee by Grantor pursuant to that certain Waterline Easement attached hereto as Exhibit `B ". This Temporary Access and Construction Easement shall terminate when the construction and installation of the waterlines contemplated in the aforementioned Waterline Easement are completed. Upon completion of construction and installation of the waterlines, Grantee, at its sole cost and expense, shall replace and restore the entire surface of the Temporary Easement to the condition it was in before commencement of said installation and construction. Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Temporary Easement. Grantor also retains, reserves, and shall continue to enjoy the Temporary Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Temporary Easement, including the right to build, develop, maintain and use the Temporary Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the Temporary Easement to any city or county for use as a public street, road or alley and/or to convey easement rights within all or any part of the Temporary Easement to any utility companies that serve Grantor's property. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 1Q day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to: O Brown McCarroll Sheets & Crossficld, LLP 309 East Main, Round Rock, Texas 78664 r5 a t/{o RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST LLS a David H. Baldauf, Trustee By: BUFFALO - WESTINGHOUSE ASSOCIATES, LLC .. dead./ David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST. Notary Pu c, State of New j, ork NANCY MARIE SCALZI STATE OF NEW YORK NOTARY PUBLIC STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4,21.102 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. kit./ Y OAle Notary Pub , State of New Vork NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg No 01SC60064E9 QUALIFIED IN ERIE COUNTY My Commisson Expoes May , 2Q) EXHIBIT "A" Metes and Bounds Description Access and Construction Easement No. 2 0.870 Acres (37,897 Sq. Ft.) Being an easement containing 0.870' acres (37,897 square feet) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Henderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas (O.R,W.C_T.). Said 0.870 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 'A-inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Henderson et al recorded under Document No. 9725164 of said O.R.W.C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 oldie Williamson County Deed Records also being a point in a northerly right -of -way line of Westinghouse Road (County Road 111); THENCE, South 71 West, crossing. said 92.15 acre tract and a portion of said Westinghouse Road right -of -way, n distance of 690.01 feet to the POINT OF BEGINNING of the herein described easement, being the southwest comer of a called 335 acre tract described in deed to Ronald Henderson et al recorded under Document No. 9725163 of said O.R.W.C.T., being an interior comer of said 92.15 acre tract; THENCE, along the line common to said northerly right -of -way line and to the southerly lines of said 92.15 acre tract the following two (2) courses: 1. South 6994'49" West, a distance of 871.65 feet, to an angle point; 2. South 64 °59'55" West, a distance of 258.80 feet to the southwest corner of said 92.15 acre tract and being the southeast corner of a called 13.37 acre tract described in deed to Fetter Investments, Ltd. recorded under Document No. 9640148 of said O.R.W.C.T.; THENCE, North 20'20'47" West, along the line common to the easterly line of said 13.37 acre tract and to a westerly line of said 92.15 acre tract, a distance of 45.61 feet to the northwest corner of the herein described easement; THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.73 feet to an angle point; Pagel of 2 PA/UA.doc 04%18/2001 MON 18:23 FAX BROWN McCARROLL SHEETS & 2. North 64 °59'55" East, a distance of 165.58 feet to an angle point; 3. North 69 °44'49" East, a distance of 874.18 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18 °13'3I" East, along the westerly line of said 3.35 acre tract, a distance of 33.02 feet to the POINT OF BEGINNING and containing a computed area of 37,897 square feet or 0.870 acres of land more or less. A separate sketch of easement accompanies Ibis 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 oft PARIA.doc tlj 013 / 018 04/1,6/2001 MON 16:22 FAX BROWN McCARROLL SHEETS & • Metes and BotmdsDescription • Access And Construction Easement No.1 0.185 Acre (8,068 Sq. Pc) Being an easement containing 0.185 Acres (8,068 Sq. Ft) of land situated in the J. S. Patterson Sonvey, A-502 of Williamson County, Texas and being a portion of a called 92,15 acre tract described as Tract No.4 to Ronald Benderaon in deed recorded under Doermje i No. 9725164 of t e t Of Official Records Williamson County, Tess (ORW.C.T.). Said 0.185 acre ca intent being particularly dosanbed by metes and bounds as follows with all beatings referenced to the Texas State 1c P1 herein System, Central Zone in terms of NAi)83/93 done , mince • distances 0.999873053: may bo converted to grid by multiplying by the combined factor of COMMEF -LACING for reference at Ye. inch iron rod found masking the southeast coma of Said 92.15 acre tract also being the southwest comer of a called 200 acre tract described la deed to Margaret M. Nash recorded in Volume 802, Page 355 of the also being a point in a northerly right-of-way lino of Westinghouse add Records �8bwse Road (Garrets Road 111); THENCE, South 74'14'19^ West; crossing said 92.15 acre tract n distance of 245.09 feet to the POINT OF BEGINNING of tho herein described eitsemeat and being a point in a northerly right-Of-way line of Westinghouse Road; THENCE, 5°1111169°44'49" Wert, along the line common to said northerly right -of -way line and to the southerly lino of said 92.15 acre tract, n distanca of 245.83 fact to the southeast corner of a called 3.35 acre tract conveyed to Ronald Benda-son by deed recorded under Document No. 9725163 of said ORW.C.T. and being an interior coma of said 92.15 acre tract; THENCE, North 15 West, along the line common to the easterly line of said 335 ace • tract and to an interior than of said 92.15 ne m tractor dismuco of 33.11 foot to the northwest corner of tho herein described easement; THENCE, crossing said 92.15 sue tract the following two (2) courser 1. North 69'44'49" East, a distance of 243,15 Act to rho northeast comer of the herein described easement; 2. South 2012'12" East, a distance of 33.00 feet to the POINT OF BEGINNING and containing a computed area of 8,068 square feet or 0.185 aces of land mom or less A separate sketch of easement accompanies thii metes and bounds description Prepared By: SURVCON INC. 5316 Hwy. 29Q West, Suite 480 Austin, Texas 78735 Job No. 417 -731 June, 2000 \I ‘1445co Pagel e/1 PAR1 dm IJ 012/018 O4/16/200f MON 18:22 FAX BROWN McCARROLL SHEETS & Prepared By: SURVCON INC. 5316 Hwy. 290 West, Suilc 480 Austin, Texas 78735 • Job No. 417-731 MAY, 2000 Metes and Bounds Datcription Access and Constnsction Base next 0.152 Acres (6,611 Sq.Ft.) Being as easement oonreining 0.152 acres (6,611 square feet) of herd situated in J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 3.35 acre tract described in deed to Ronald Henderson dal recorded under Document No. 9725163 of the Official Records Williamson County, Texas (O.RW,C.T.). Said 0.152 acre easement being more particularly described by metes and bounds as follows with all bearings referenced to the Texas Stitt Plane Coordinate System, Central Zone In terms of NAD83193 datum, surface distances recited herein may bo converted to grid by multiplying by the combined factor of 0.999870053: COMMENCIN d for reference a 9-inch iron rod found marling the southeast coasa of a called 92.15 acs tram described in dad to Ronald Henderson et al ncorded under Doeunem No. 9725164 of said OILW.C.T„ also being t southwest comet of a called 200 acs tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right-of -way line of Westinghouse Road (County Road T NCE, South 71 ° 59'21" West, easing said 92.15 ear tract and a portion of said Westinghouse Road rig ( leas, a distm of 490.54 feet to the POINT OF BEGINNING of the back dorribed easement, being the southeast coma of said 3.35 acre tract sod an interior comer of said 92.15 acre tract: THENCE, South 6 9 • 44'49" Wall &distance of 199.57 feet along the line common to said 3.35 sae tact and to said Wrstingheaso Road right -of - -way line,, to the soutbngt comer of tall 3.35 sea tract and being an intcriorpoint of said 92.15 acre tract; THENCE, having the right-of-way line of said Westinghouse Read and following the westerly proprasy lino of said 335 acre tract, North 18•13'31° West, a distance of 33.02 fret to the northwest corner of the herein described rasemema; THENCE, across acid 3.35 acre tract North 69 East, a distance of 201.12 fat to a point easterly lino of said 3.35 ant tract; • THENCE, following the easterly property line of said 3.35 ace tract; South 15°33'01" East, • distax of 33.11 fat to the POIN r OF BEGINNENG and containing a computed area of 6,611 square feet or 0.152 acres of hod mom orleu. A separate sketch (gammon accompanies this metes and botmds description. Page I oft PAR2doc Q1011/018 4 .7 . .7 NE 10 6459'0 909A00 BENDERSOH CT. Al— CALLED 92.15 ACRES TRACT 90. 4 DOCUMENT N0. 9725164 0.0.16,0.7. 25' WATERLINE No2 . 0.650 ACRES (29 S0. FT,) • 164.91' nNal= R0. (Down' XD. N0. 110 iN YAA ACCESS AND 0 00NSTRUCTION (377 SQ. , Not 0114RE.E5 J. JOHNSON CAL3EO 60.0 ACRES TRACT NO. 1 VOL 840, PC. et7 16.C.OA2. N 69'44'49• E 87410' • TATOruer 0 Azotiow 2O 17 $0•M6rt mass /80 moth DTSOC7I1oo 47677' 01 70747 Of STMT PW[ 40010M7t SY 1104. 7000 41006(7 TONG / K K ACATED T 0 cow 67 i 07 700 o 4607 7Ma 74' w0�16700 75. CHARLES J, JOHNSON CUED 60,0 ACRES MET N0. 1 701. 616 PO, 917 W.0.0.R. ..6(z LEGEND P.0J. PC747 0f 050107 N0 PAC. PORT Of C0Y401COt0 • I/2 N01 ROI R00 MAC 9611405 No= 07NOM15E) 0 WDCAl7S £.4 OT COROT NOT SET. 09.W.C.% * MATTA 4710A1. RECORDS 16W404504 =NM MESAS 6.CDJL O,SIIG755 NtUAN504 tmaY OEEO RECORDS [ NOICATt3 P600047 7 toe • 90)410 8010ER50N ET. AL CALLED 92.15 ACRES TRACT N0. 4 000UUOoi' 130. 9725164 • N 69109' C. 241.11' ACCWAND CONSTR=oti EASEMENT • RECORDERS MEMORANDUM All or pare of the tot on this page was not dearly legiblo for Satirbctory recordation. D ' 1'J4 ACRES m � r (8,06)3 SO. FT,) P.0.8. WATERUNE EASEMENT 7 ^419• =M X599' sax: r • loo' 24710 , I1NC 2000 MARGARET CL L 200 ,, 6A.55 VO. 602, P0.' 155 16.0.0.6, • �7y 9 M'� N d? r3 ICRS 3 ,05] 0. 141.3 ACCESS ANO R TASEM T NoI 0 55 T(61J (M7 S0. E T. 25' WATER FA, 00. 7 . 0.650 A 20.299 S0. f7, ACCESS AHO CON I, CnON . 77, H T Not 0.870 AC RES ]7,897 S0. TT.) JS PMT SURVEY, A -502 VOLUWSON COUNTT, MOO SURVCON INC. 06 0 • (5510444,. SUfi'0YORS 3316 Non, 210 STST, start 460 TELDIp11E (317�A TOGS 70754 0,444 N2,448 (942) 669 -6500 JC0 r: 417 -731 J. t N/4 • P.O.C. A 4A 50 zz 0 0 00 L o 25' W 0 Ei 5EL/ENT ACCESS AND CONSTRUCTION�EAS FT.) 0.152 J. S.PTTER I (B SU f v � . A-5 0 2 PRLLTMLSCN COUNTY T & S R C o 1 C. `► PROFESSIONAL SURVEYORS 6716 NWT. 210 Y1tr1, SORE 410 TL1LP1ro1F !I Y1• T1302 11,31 ( ) -11217, FM (512) 131.1370 • e.01w00unleec LEGEND: P.O.R. POMr OF BEG SANG PAC. POINT OF 00210)GN0 R 1/2 1N04 WON ROO F01NO OARLESS NO1ED 0T131■ISL) o INDICATES EASOADIT COMER NOT SET. O.R.W.C.1. R1o1CATES OT110A2 RECORDS WU /WPM OCUNTY. TERMS wC.DR. m4G103 wul40404 COUNTY DOM RECORDS WCP.R. INDICATES wWAUSCN COUNTY PEAT RECORDS P.UL W01011ES PUPUC UTILITY EASEMENT. D.E. INDICATES DRAINAGE EASEMENT =MATES PROPERTY 0111E w ,= 10.00' NI. 4' 12.11 10015 000 N0 17212112 0 R.71'.C.1. N IE'13'St" W 25.02' N 101 33.02• 1w 1E TID 0 CR 4 ONO R. 6At01AY 18.2 4 1 N. a.1! AtM) DOC N.. !WIN • DAxaT. P.0.8, 25' K'ATERUNE 515330) E • EASEVENT /55.0a 6 110105 1. MIS 95101 or 0AS01M 6 ADOOIIPAKED M A lwwoo RCM N10 1 110.41100 1020 02 1136 Of OM 00400 .POOR. 1010 N 71205 w N401u/U 041121. 1Aga.7t211 t FRid 10402 WT u 0! 70 92'10 00 0 4.%1 TIN0 11 11[ i 1 OF 11 7253 KOH RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation P.0.C. CAD ?Rl: 117731 \019 \040].0!0 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their 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, a non - exclusive easement and right -of -way (the "Easement ") to construct, install, backfill, 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. Grantor further grants to Grantee: EXHIBIT `B" WATER LINE EASEMENT ' KNOW ALL MEN BY THESE PRESENTS: 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. (a) the reasonable right, at Grantee's sole cost and expense, to grade the Easement, if required, 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, at Grantee's sole cost and expense, to support, if necessary, the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the reasonable 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, provided that (d) the right of ingress and egress from time to time, as required, 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 to Grantor 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 at its sole cost and expense. The rights conferred to Grantee pursuant to this paragraph are conditioned upon Grantee securing all municipal permits, approvals and authorizations that are necessary to exercise any of said rights; (e) Grantee shall (i) cooperate with Grantor to minimize the damage, inconvenience, interference and congestion on and to Grantor's roads and lanes and (ii) at its sole cost and expense, repair, replace and restore said roads and lanes to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor, said route or routes to be restored, at Grantee's sole cost and expense, to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; 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 reasonable right of the Grantee, at its sole cost and expense, 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, at its sole cost and expense, 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; 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 Grantor's property; (c) Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Easement; (d) Grantee shall, at its own cost and expense, install sleeves that will cross beneath the waterlines contemplated herein and enable Grantor to access the sleeves. The sleeves shall be constructed and located in the area and as depicted on (i) that certain Off Phase Sanitary Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit `B" and made a part hereof, (ii) that certain Offsite Utilities Gravity Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "C" and made a part hereof and (iii) that certain Utility Plan Phase I dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "D" and made a part hereof. Grantee shall mark the location of such sleeves and shall provide survey maps that identify the location of said sleeves and certify compliance with the specifications detailed on Exhibits "B ", "C" and "D"; (e) (f) Grantee shall, at its own cost and expense and pursuant to the specifications detailed on Exhibits "B ", "C" and "D ", encase the waterlines contemplated herein in concrete where said waterlines cross under the access drives now existing or to exist on Grantor's property; Grantee shall, at its sole cost and expense and after any construction or maintenance of the waterlines contemplated herein, 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 Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Easement, including the right to build, develop, maintain and use the Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the Easement to any city or county for use as a public street, road or alley and/or to convey easement rights within all or any part of the Easement to any utility companies that serve Grantor's property; 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 )g day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE After recording please return to: Brown McCarroll Sheets & Crossfield, LLP 309 East Main, Round Rock, Texas 78664 RONALD BENDERSON, RANDALL BENDERSON AND DAVID II. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By: i4N;.ti fbLej" David H. Baldauf, Trustee BUFFALO- WESTINGHOUSE ASSOCIATES, LLC By: David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST.. 4h 11 Notary P rc, Sta of Nei York STATE NANCY MARIE SCALZI TATE OF NEW YORK NOTARY PUBLIC. STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 2 OM This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. Ah .t 1i Notary Pt c Stateof r k N NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Rog No 01SC6006469 QUALIFIED IN ERIE COUNTY My Commisson Exo ;res May '.2 cb2 Being an easommt containing 0.116 saes (5,043 square feet) of land situated in J. S. Patterson Survey, A -502 of "Williaatson County, Team and 'being a portion of a called 335 acre tract desedbed is decd to Ronald Henderson Gal recorded wade Document No. 9725163 of the OfScial Records Williamson County, Teas (O.RW.C.T.). Said 0.116 eee Waterline casement being mom particularly described by metes and bounds m follows with all bearings referenced to the Texas State Plane Coordinate Systeaq, Central Zone in tams of NAD83/93 damn, surface 'distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Y inch iron rod found marking the sombetst coma of a called 92.15 acre tract deunibed in decd to Ronald Henderson et al recorded under Document 140. 9725164 of said ORW.C.T., also being the southwest comer of a called 200 acre tract described in deed to Margaret M Nash recorded is Volume 801 Page 355 of the Williamson County Decd Records also being a point in a northerly right -of - -way lint of Westinghouse Road (County Road 111); THENCE, South 71°59'21" West, crossing said 92.15 acre tract and a portion of said Westinghouse Rood rigbt-o {'way, a distance of 490.54 fat to the southeast coma of said 335 acre tram THENCE, North 15 ° 33'01" Wt, along the easterly line of said 335 sae pact, a distamec of 33.11 feet to the POINT OF BEGINNING of the herein &scabed casement; THENCE, South 69'44'49" West, across said 3.35 acre tract, a distance of 201.12 feet lo a point in rho westerly line of said 335 aere'tract and being an interior line of said 92.15 acre tract; THENCE, North 18°13'31" West, along the line common to Ito westerly fine of said 335 sae tract and to as interior line of said 92.15 eau tract, a distmco of 25.02 feet to the northwest coma of the heroin described eme ten THENCE. North 69 °44'49" East, crossing said 335 acs tract. a distance of 20129 font to the northeast corner of the herein described casement and being a point in the easterly line of said 3.35 acre traq THENCE, South 15 ° 33'01" ELM, along the easterly line of said 3.35 see Cad, a distance of 25.08 feet to the POTNT OF BEGINNING and containing a computed area of 5,043 square fed or 0.I16 ueat5 of land more or less A separate sketch of easement accompanies this metes and bounds description. Prepared By SIJRVCON INC. 5316 Hwy. 290 West, Suite 480 • Austin, Texas 78735 Job No. 417 -731 24 February, 2000 EXHIBIT "A" Metes end Bounds Dcsaiption 25 -Foot Waterline Easement 0.116 Acres (5,043 Sq, Ft.) Page 1 of PAR2.doe 04/1,8/2001 HON 18:22 FAX BROWN McCARROLL SHEETS & Metes and Bounds Description Waterline Easement No.1 0.139 Acres (6,053 Sq. Ft.) • Being an easement contsimntg 0.139 antes (6,053 squaw feet) of lad situated in the J. S. Patterson Survey. A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Henderson in dead recorded under 9725164 of the Official Records Williamson _ Said 0.1 cte easement being more particularly descrnbed by metes and bounds ass follows with all 0.139 • referenced to Texas State Plane Coordinate Systems, Cadre] lone in tams of NAD83/93 datum, am11m distances mated herein may be converted to grid by multiplying by the combined factor 0( 0.999670053: COMZN NC1NG for reference at 14 -inch iron rod found marling the southeast comer of said 92.15 ape tract also being the southwest comes of a called 200 acre tract described in deed tat Margaret M Nash recorded in Volume 802, Page 355 of tbo Williamson County Deed Records idso being a point in a northerly right-of- -way line of Westinghouse Road (County Road 111); THENCE, South 7494' 19" West, crossing said 92.15 opt tract, a distance 0(245.09 feet to a point In a southerly line of said 92.15 say bar; THENCE, North 2092'12" West, a distance of 33.00 feet to the POINT OF BEGINNING of the herein described easement) THENCE, South 69 °44'49" West, possutg said 92.15 ape tzaet, a distance of 243.I5 feet to a point in the easterly property line of a called 3.35 sere tract conveyed to Ronald Headasora by deed recorded under Document No. 9725163 of said O.R.W.C.T.; THENCE, North 15'33'01" Weal, along the line common to Ma easterly line of said 335 sae tract and to an interior lino of said 92 15 ape tract, a distance of 25.08 fact to the northwest comer of the herein described easemenh, THENCE, crossing said 92.15 sae tract the following two (2) courses: 1. North 69'44'49" East, a distance of 241.11 fern to the northeast corner of the herein described casement; 2. South 20'12'12" Fast, a distance of 25.00 Sect to the POINT OF BEGINNING and containing a computed area of 6,053 square feet or 0.139 acres of land more or less. • A separate sketch of easetnent accompanies this melts and bounds description Prepared By SURVCON INC. 5316 Hwy. 290 West, State 480i' Austin, Texas 78735 Job No. 417 -731 APRIL, 2000 Jug. . 6 PN 1 07 PARIArn 0010/018 94/1.0/7001 MON 16:23 FAX BROWN McCARROLL SHEETS & Metes and Bounds Description 25 -Foot Waterline Easement 0.650 Acres (28,299 Sq. Ft) Being an easement containing 0.650 acres (28,299 square feet) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in deed recorded under Document No. . 9725164 of the Official Records Williamson County, Texas (O.R.W.C.T.). Said 0.650 acre casement 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 NAD83193 datum, surface distances recited herein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Va-inch iron rod found marking the southeast corner of a called 92.15 acre tract described in deed to Ronald Benderson et al recorded under Document No... 9725164 of said O.R W.C.T., also being the southwest comer of a called 200 acre tract described m deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed Records also being a point in a northerly right-of-way line of Westinghouse Road (County Road 111); . THENCE, South 71 °20'27" West, crossing said 92.15 acre • tract and a portion of said Westinghouse Road right-of-way, a distance of 690.01 feet to the southwest corner of a called 3.35 acre tract described in deed to Ronald Benderson et al recorded under Document No. 9725163 of said O.R.W.C.T., being an interior comer of said 92.15 acre tract; . THENCE, North 18 ° 13'31" West, along the line coaunon to the westerly line of said 3.35 acre tract and an interior line of said 92.15 acre tract, a distance of 33.02 feet to the POINT OF BEGINNING of the herein described easement; THENCE, crossing said 92.15 acre tract the following three (3) courses: I. South 69 ° 44'49" West, a distance of 874.18 feet to an angle point; 2. South 64 °59'55" West, a distance of 165.58 feet to an angle point; 3. South 72 ° 48'06" West, a distance of 91.73 feet to a point in a westerly line of said 92.15 acre tract and being in an easterly line of a called 13.37 acre tract described in deed to Felter Investments, Ltd. recorded under Document No_ 9640148 of said O.R.W.C.T.; THENCE, North 20°20'47" West, along the line common to the easterly line of said 1337 acre tract and to a westerly line of said 92.15 acre tract, a distance of 25.04 feet to the northwest comer of the herein described easement; Page 1 oft PARIA.doc Z016/018 94/10/7001 MON 16:23 FAX BROWN McCARROLL SHEETS & THENCE, crossing said 9215 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.40 feet to an angle point; 2. North 64 °59'55" East, a distance of 164.91 feet to an angle point; 3. North 69°44'49" East, a distance of 87610 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18 °13'31" East, along the westerly line of said 3.35 acre tract, a distance of 25.02 feet to the POINT OF BEGINNING and containing a computed area of 28,299 square feet or 0.650 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 June, 2000 Page 2 oft PARJA.doc Z015/018 r J I J 1, 1 , ; i 1 , I • ` ,, ` i , , 4 .r. 4...: / , : ; 1 ' INIONSF rt , .1r. 0. . 3M r DU:i� I ^ MIS 16u r. sr.na _ P rxix 4 .w 1 \ IWAi IN tNEr san wit .35 I sva i - • •�u�f�a^r+ •—•. ■ • el ASE: ! a� ,, a-� \ � _ __ y r.r t � ' r ` ° . • a glg - J-- NO wzi Oa IF TEY OF RE= ,,,,...- ra STEN. •TION CASING WREN WOIER Z 1 ill :11 1,,OOK II 1aa 164 •.11C. OA I Oil 1.1.• 111 P, I �.. - MO • .... a.E «.. Sag* • 4.3 r... ,... „« gr.• .k muss R WIMPY SEWER PROFILE �. 31 SOLE: .......• _ — "1171'SWE' TS. Maill£17 IOC SANITARY SEWER PEAK MA rW Of/911.3 SON ME AR SnOM WOO 11/0.11. .NV[ IBCYu H N t OE COW PIIDIK O MOO O.PA0¢P.11let an OF ROUND PACK WATER TRANSIMSAON MARTS RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT 'B' Nitlabta =ram- arc OF GECHGEYOWN WINDMILL HILL OFF PHASE SANITARY SEWER PLAN & PROFILE TEXAS fa, .65orda l• r_as rare ICSINAILSE SOLE Or �fi.0 Or f9i' ..10 manna MAE. EXHIBIT 'C' CRY OF 6EORGFTOW11 lEUS WINDMILL HRL OFFSITE UTILITIES GRAWTY SEWER PLAN l& PROFILE ssaf.. 4,11711 flu CS w.rmr off.% PI _. EIENEF/111 Si kiii al \ MEM R w l• r_as rare ICSINAILSE SOLE Or �fi.0 Or f9i' ..10 manna MAE. EXHIBIT 'C' CRY OF 6EORGFTOW11 lEUS WINDMILL HRL OFFSITE UTILITIES GRAWTY SEWER PLAN l& PROFILE ssaf.. 4,11711 flu CS w.rmr off.% lr eR w..Too-1, Dx.felel 1324.15' WESTINGHOUSE ROAD II 1.4.10,21 W OW Of WI DDT 9 F NM 14 DO Ma TOLIPOICIPO 169.37' N70'29' WE xm DM DODO UM DID M RWI SOM. MIYfMIIOE ME 1FRM NXIiin Nm STICIIY6 ENKO fME1611118N Of AT El'lI WOG =rt. GOMM SOM. E PC .011461 NIMIME PDE 61ODSSO' ac mYar OTEDISIGIC MISTY osoort n a wrmnn ni6/LL 1ulW.E I. MiYLLitl ■Ceetel M C IMtOa K CM 6 fOMODO MM4 M R RMf OF COMMIT YE MAILLIIIO KWIC Oa. AiOI azWlbl SAM O NN 1E fO IIR own » EYNC ...nom � f 41fR MY L Ma1v ,,,,,,m, ,,,,,E, DOIDIVOFF 90. Tare. GUY . v GAM 0 J CHY OF RGUNO ROCY WATER 7MNSWISSION MANS • S mama* Gam mer le4 Y lasrli MM Minn fMK OMN61 TO 1E O1O100 W WOO EXHIBIT 'D • VOITTT a7Y Of GEORGETOWN WINDMILL HILL UTILITY PLAN PHASE 1 TOOLS cIDD co* 2/2417 Gcto RSV C5 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85 -1 Trust and Buffalo - Westinghouse Associates, LLC, and their 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, amunicipal 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, a non - exclusive easement and right -of -way (the "Easement ") to construct, install, backfill, 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. Grantor further grants to Grantee: WATER LINE EASEMENT 2001027705 14 pgs ' KNOW ALL MEN BY THESE PRESENTS: (a) the reasonable right, at Grantee's sole cost and expense, to grade the Easement, if required, 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, at Grantee's sole cost and expense, to support, if necessary, the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the reasonable 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, provided that (d) the right of ingress and egress from time to time, as required, 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 to Grantor 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 at its sole cost and expense. The rights conferred to Grantee pursuant to this paragraph are conditioned upon Grantee securing all municipal permits, approvals and authorizations that are necessary to exercise any of said rights; Grantee shall (i) cooperate with Grantor to minimize the damage, inconvenience, interference and congestion on and to Grantor's roads and lanes and (ii) at its sole cost and expense, repair, replace and restore said roads and lanes to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; otherwise by such route or routes as shall occasion the Least practicable damage and inconvenience to Grantor, said route or routes to be restored, at Grantee's sole cost and expense, to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision; 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 reasonable right of the Grantee, at its sole cost and expense, 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, at its sole cost and expense, 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; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement; 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 Grantor's property; (c) Grantee shall indemnify and hold Grantor harmless from and against any losses, liabilities, damages, costs and expenses which shall be caused by the exercise by Grantee, its employees, agents, contractors, subcontractors or assigns of any of the rights conferred to Grantee by this Easement; (d) Grantee shall, at its own cost and expense, install sleeves that will cross beneath the waterlines contemplated herein and enable Grantor to access the sleeves. The sleeves shall be constructed and located in the area and as depicted on (i) that certain Off Phase Sanitary Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit `B" and made a part hereof, (ii) that certain Offsite Utilities Gravity Sewer Plan & Profile dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "C" and made apart hereof and (iii) that certain Utility Plan Phase I dated February 26, 1997, prepared by C &S Engineers, Inc. and attached hereto as Exhibit "D" and made a part hereof. Grantee shall mark the location of such sleeves and shall provide survey maps that identify the location of said sleeves and certify compliance with the specifications detailed on Exhibits `B ", "C" and "D"; (e) Grantee shall, at its own cost and expense and pursuant to the specifications detailed on Exhibits "B ", "C" and "D ", encase the waterlines contemplated herein in concrete where said waterlines cross under the access drives now existing or to exist on Grantor's property; ( Grantee shall, at its sole cost and expense and after any construction or maintenance of the waterlines contemplated herein, 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 Easement for any and all purposes which do not interfere with and prevent the reasonable use by Grantee of the Easement, including the right to build, develop, maintain and use the Easement for drainage ditches and private streets, utilities, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and/or to dedicate all or any part of the Easement to any city or county for use as a public street, road or alley and /or to convey easement rights within all or any part of the Easement to any utility companies that serve Grantor's property; 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 ism day of April, 2001. STATE OF NEW YORK COUNTY OF ERIE STATE OF NEW YORK After recording please return to: n Brown McCarron Sheets & Crossfield, LLP l� 309 East Main, Round Rock, Texas 78664 y b RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85 -1 TRUST By Lj Tt J ® David H. Baldauf, Trustee BUFFALO - WESTINGHOUSE ASSOCIATES, LLC By: David H. Baldauf, Manager This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, TRUSTEE for BENDERSON 85 -1 TRUST. .I, i./ II Notary Pu ./ ic, State of Nei 1 York NANCY MARIE SCALZI NOTARY PUBLIC STATE OF NEW YORK Reg No 01SC6006469 COUNTY OF ERIE QUALIFIED IN ERIE COUNTY My Commission Expires May 4, 20192 This instrument was acknowledged before me on this the 18th day of April, 2001, by DAVID H. BALDAUF, MANAGER for BUFFALO - WESTINGHOUSE ASSOCIATES, LLC. AbLei ate& Notary Pu c, State of New 1 NANCY MARIE SCALZI NOTAR" PUBLIC STATE OF NEW YORK Rea II 01SC6006469 QLIAUF.ED;I. EPIE COUNTv Yy Ccrr. E'ores A ^ay 2aD2 Prepared By: SURVCON INC• 5316 Hwy. 290 West, Suite 480 • Austin, Texas 78735 Job No. 417 -731 24 February, 2000 EXHIBIT "A" Metes end Bounds Description 25 -Foot Waterline Easement 0.116 Aria (5,043 Sq. Ft.) Being on caaamot containing 0.116 acre (5.043 square feet) of lead situated in I. S. Patterson Survey, A -502 of Williamson County, Taxers and being a portion of a called 335 acre tract described in decd to Ronald Bmdesaon et al recorded under Document No. 9725163 of the Official Records Williamson County, Texas (0S-W.C.T.). Soid 0.116 acre Waterline easement bang more paniai1at1y described by metes and bounds as follows with all bearings referenced to the Tears Stare Plane Coordinate System, Central Zone in sons of NA083/93 datum. surface 'distances recited lamein may be converted to grid by multiplying by the combined factor of 0.999870053: COMMENCING for reference at Y itch iron rod found marling the southeast coma of a called 92.15 acre tract described in deed to Ronald Bendcraw et al reeotded trod= Document No. 9725164 of said O.BW.C.T., also being the southwest comer of a called 200 ace tract dealbod in decd to Margaret M Nash rocmdoi in Volume 802. Page 355 of the Williamson County Decd Records also being a point in a northerly right -of- -way lint of Wmvogbosac Road (Cotmty Road 111); • THENCE, South 71'59'Zl" West, coning said 92.15 arse tract and a portion of said Westinghouse Rood tight- ot;<-woyy, a distance of 490.54 feet to the southeast corner of said 3,35 acre tract; THENCE, North 15°33 West, along the easterly line of said 335 acre tram, a diisttaoe of 33.11 foot to the POINT OF BEGINNING old= herein described eoserecaC THENCE, South 69'44'49" West, across said 335 acct tract, a dlsvuce of 201.12 feet to a point in the watcrly lino of said 335 acre'taet and being an interior tine of said 92.15 ono tract; THENCE, North 18°13'31" West, tdoost the line common to the westerly line of sold 335 sae tract and to ao interior lint of said 92.15 ace tract, a distance of 25.02 foot to the northwest comer of the hawk; dtsodbcd caumw THENCE, North 69 °44'49" East, crossing said 335 acre tract, a distance of 20229 feet to the northeast corner of the herein described easement and hang a paint in the easterly line of said 335 sae ueog THENCE, South 15 '33'01" East along the easterly line of said 3.35 acre Cad, a distnrim of 25.08 feet to the POINT OF BEGINNING and containing a computed area of 5,043 aquore fad or 0.116 acres of land more or len A separate sketch of easement accompanies this mars and bounds daaiptioo. Page f of 1 • P.(1t2dac 04/18/2001 MON 16:2; FAX BROWN McCARROLL SHEETS & Maas and Boimd3 Description Waterline Easement No.1 0.139 Aoro (6,053 Sq. PO Being an easement containing 0.139 aces (6,053 square feet) of lad situated in the J. S. Patterson Survey. A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Beaderson in decd recorded under 9725164 of the Official Accords Williamson County, Tens (O.R.W,C.T.). Said �0.13 acm easement being more particularly deseribed by metes and bounds as follows with all bcariega • refermccd 10 Taus Sorts Play Courdi"a... & .m, Camas Zone in terms of NAD83/93 datum, surface distaaas recited herein may be converted to grid by multiplying by the combined factor 0(0.999870053: COMMENCING for reference al 11 -inch iron rod found marking the southeast corner of said 92.15 aerc tract also being the southwest comer of a called 200 acre tract daaibed in deed tq Margaret M Nash recorded in Volume 902, Page 355 of the Williamson County Deed Records also being a point in a nonhcdy right-of-way line of Westinghouse Road (County Road 111); THENCE, South 7494' 19" West, crossing said 9115 acre tract, a distance of 245.09 feet to a point in a southerly line of acid 92.15 any tract • THENCE, North 20 "12'12" West, a distance of 33.00 fat n the POINT OF BEGINNING of the hernia de enbcd easementl THENCE, South 69 "44'49" West, crossing said 92.15 acre tract, a distance 0(243.15 feet to a • point in the easterly property line of a called 3,35 acre tact conveyed to Ronald Baoderson by deed recorded under Document No. 9725163 of said O.R W.C.T.; TJIENCE, North 15 West, along the line comn0n to the easterly line of said 335 acne tract and to an interior line of said 92.15 ware tract, a distance of 25.08 feet to the northwest corner of the herein described casement; THENCE, crossing said 92.15 acre out the following two (2) courses: 1. North 65.44'49" East, a distance of 241.11 feet to the northeast comer of the herein easement 2. South 20'I2'12" East, a distance of 25.00 fact to the POINT OF BEGINNING and containing a computed area of 6,053 square feet or 0.139 aeries of land more or less. A separate sketch of easement accompanies this metes and bounds description. Prepared By, SIJRVCON INC. 5316 Hwy. 290 West, Suite 480 Austin, Texas 78735 Job No. 417 -731 APRIL, 2000 641 11;0 Page 1 oft PARJ,Cos lJ010/018 04%10/2001 HON 16:23 FAX BROWN McCARROLL SHEET'S & Metes and Bounds Description 25 -Foot Waterline Easement 0,650 Acres (28,299 Sq. Ft.) Being an easement containing 0.650 acres (28,299 square feet) of land situated in the J. S. Patterson Survey, A -502 of Williamson County, Texas and being a portion of a called 92.15 acre tract described as Tract No. 4 to Ronald Benderson in deed recorded under Document No. 9725164 of the Official Records Williamson County, Texas (O.RW.C.T.). Said 0.650 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 %, -inch iron rod found marling the southeast corner of a called 92.15 acre tract described in decd to Ronald Benderson et al recorded under Document No. 9725164 of said O.RW_C.T., also being the southwest corner of a called 200 acre tract described in deed to Margaret M. Nash recorded in Volume 802, Page 355 of the Williamson County Deed . Records also being a point in a northerly right - of-way line of Westinghouse Road (County Road 111); . THENCE, South 71°20'27" West, crossing said 92J5 acre tract and a portion of said Westinghouse Road right -of -way, a distance of 690.01 feet to the southwest corner of a called 3.35 acre tract described in deed to Ronald Benderson et al recorded under Document No. 9725163 of said O.R.W.C.T., being an interior corner of said 92.15 acre tract; THENCE, North 18 °13'31" Wcst, along the line conunon to the westerly line of said 3.35 acre tract and an interior line of said 92.15 acre tract, a distance of 33.02 feet to the POINT OF BEGINNING of the herein descr easement; THENCE, crossing said 92.15 acre tract the following three (3) courscs: 1. South 69 ° 44'49" West, a distance of 874.18 feet to an angle point; 2. South 64 °59'55" West, a distance of 165.58 feet to an angle point; 3. South 72 °48'06" West, a distance of 91.73 feet to a point in a westerly line of said 92.15 acre tract and being in an easterly line of a called 1337 acre tract described in decd to Felter Investments, Ltd. recorded under Document No. 9640148 of said O_RW.C.T.; THENCE, North 20 °20'47" Wcst, along the line common to the easterly line of said 13.37 acre tract and to a westerly line of said 92.15 acre tract, a distance of 25.04 feet to the northwest comer of the herein described easement; Page/ of2 PARIA.doc 0018 /018 04/16/2001 MON 16:23 FAX BROWN McCARROLL SHEETS & THENCE, crossing said 92.15 acre tract the following three (3) courses: 1. North 72 °48'06" East, a distance of 91.40 feet to an angle point; 2. North 64 °59'55" East, a distance of 164.91 feet to an angle point; 3. North 69°44'49" East, a distance of 876.10 feet to the northeast corner of the herein described easement and being a point in the westerly line of said 3.35 acre tract; THENCE, South 18 °13'31" East, along the westerly line of said 3.35 acre tract, a distance of 25.02 feet to the POINT 01? BEGINNING and containing a computed area of 28,299 square feet or 0.650 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 June, 2000 6Izi Page 2 oft PARIA.doc 1 015/018 ntamt40t R0. (CC0880Y R0. N0. 111) 1H vAA 140 2 .4 3 7 a 10 R0NAL0 00820 SON ET. AL CAEIED 92.15 ACRES TRACT' N0, 4 DOCUMENT 550. 9725164 0.RW.GT. 25' IMMUNE EASEMENT Not . 0.650 ACRES (211299 S0. Fr,) 5459'5 C 164.91' N 69'44'49' E 576.10' ACCESS AND C O `p�7 EASEMENT (462 0.870 CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT N0. 1 VOL 845, PC. 817 w.c.0Jt. = won 0 AOCG. 0 Yf 09'00410 K16 480 0048401 DC3CAF1fOR MO 41 1 901% Of STAR MAK ODCH8u7t smut, 70140 0008K 200E l 9C aM91180 70 Au 44 0 90 4 00 ME 00401(0 TKIM Of' 9000 053. wn•T4nu 6 9'44'49' C CHARLES J, JOHNSON CALLED 80.0 ACRES 0•07 N0. I VOL. 848, PO. 817 W.C.D.R 80HAL0 BEHOERSON ET. AL. C &1.EO 92,13 ACRES TRACT N0, 4 OOCUMCHT N0. 9725164 O.R.W.C,J. 100910, 9.0.0. MIT OF 0E7:0801C P.O.O PINT OF COLMD4Ctt0 • I/O NCH RCN R00 mum (UIU'S0 HO1C0 0711017150) O 4401G,100 EA56471T COMER NOT SET, O,RW.C,T. 71■CAIL5 047100. OCCORa7 71WAHSO1 COJHrt, TEXAS 8.C,p/E 4/0404/789 7Ar)AR5C4 comet OECD OECCROS NOICAhS 9(4099481' UHE • csrRUCnon EASEMENT • RECORDERS MEMORANDUM All or ports of the at on this page WU not dearly legible For 5atisfufary recordation. 25' NATERU94E EASEMEM 1401 0,139 ACRES (5.053 SO, FT,) —9 P.O.B. WATERUNZ EASEMENT �7y �T�SRETCH 0[F 1.40 ACL�7'tNESSHNtL{r(U6r0 $EOX.rFV.31 ACC9 I16 ( 068000. RIFT 4651 25' MTTEE (C8,�55 0,650 ACRES 28,29859. 9 ACCESS ANO OON 110n014 USDA 8142 0.870 ACRES 37,697 50. ET. JS PA7T S UR7LY. A - 302 61LLUHSON COUNTY, TEXAS SURVCON INC, R SURVEYORS RBIs M. 270 74.I7, MIT 440 7C1AUR (94 -07 STN 175 899 -4,000 54488 wWW4uMOn..." 5C4LL 1' . 400' 0040 J1AIt 7000 OR01.4 4411 MEOW 90 DLL 0µD90 �0 R AC V . 602, P0," 335 W.GD.R. • P.O.C. 800 (: 417-731 FJa, t. 140 • CAD 740: ("1.89 4 0 0 0 OP DOIA0IAS .1. ANDERSON f SAYS' I' JOS AI 07 -731 CATS: I00Y. 2000 F.D. N/A 11 ' 5 15'35 E 54 A CCESS I CON . S CTION EASEMENT 5 11 2 NI/ADAM Y /OW 1uJ.N1 eai ACRES vJOE 333 15' WATERUN O E EASEMENT yy ACCESS AND C 57 RUCTIONElSEMENT J. S.tSPATTER�SON(6SU( Y A -502 WILLLWSON COUNTY 'PLE 50 & S R C i IC. PROCESS/ORAL SURVEYORS 3311 Ne. 290 MST, WIC 410 TEW (117)7) U1 -17/1, N (312) 010 -1330 30 & /0 • LEGEND: P.O.B. Kali OF 00511110 PAC. PONT OP COO/CHON0 / 1/2 INO1 WON 1100 r01N0 (UNLESS NOTED D1NU11A5E) S 0.R 11 WC.T. 0100ATES 01 CAl REC OID S NWAYmN =NM TEXAS 11C.D R INMATES NILLIA140N CLILWI1 DEED RLCO WS WCP.R. INOCAIES N33020 / COUNTY PLAT 11000)55 P.U.& WOGTOS P10)L15 UTILITY EASET,LDET. D.E. INDICATES OR0NAOC EASELIENE ! MUTES PROPERTY tint 3322112'0 CAN S Iuo E e1 LNi / �_ � ° TRACT N1. A' 22.13 ACRD DOC N. 1713114 0 R51'.C.7, k 101371 • W 25.02' N 10'13'71" W 33,02' FANNY. DE S 00*11 00 C Ne 1713153 OAFC.T. 0000)0 RAC DOIDERSO K N 17410 N. 13M,00t Over hp. A 22.10 AVR3 DOC R. 17201St OAW.C.T. 25' WATERLINE • EASEUEIT 1. MIS MON Or CATOQr7 1s AOC7VA1AD By A 50MAE 1tTO 3. /kUlIOS JAC k 1rM Cr MATE KEY( i0o(N0P15 SR)y, 7845 WY 111 r 003 01 so t0 D 0 250 37 US. WIWI MT. 09140 *074. * LRD11 0110 k 514700340 14 100 C01400 00010 01 0.2•900O37. ;.ECORDERLS MEMORANDUM ?.j or pan of the text on this page was not :early legible for satisfactory rec ^- MEDICO 40) 00 P,O,C, CAD 7RL• 417731 \OrarA L1NC MO WO 58.8' I ` � � T . ! \ , wth, GH0j§E R0A0`{Cp(AVISF•R! a Em g g?' �x, ' • / n .... YP Cry OF ., ., RC_ ' ": WAT3I 000 UPE SEVER WST. I no i AIIIMINEM ns no Milli IM liAl .. • • i FN FN S•W Nro EMO FN M ' N00 NO3 OMO F SWIM I COT : 'A g q 3 d @ ._ « SANITARY SEWER PROFILE s - z SEU[, YOO. p5 . „ w`�' om i a ' vs IA Le PrEiE " tt • r..-T _ _ _— ■ ■IEI. = a Euo - yr ' '-T r =� �Lv i :,. _e _■ • M ri �s 6� j pul " \ `. Mel P7■11710,1 SANITARY SEWER PLAN SUIE- 9001 SKIM SIDLECO4 YAWL P4TW N E COMO Pi.. EXHIBIT • • MY OF ROUND ROCK WATER TRANSMISS/OH MAWS aiv OF GEORGETOWN WINDMILL HLL OFF PHASE SANITARY SEWER PLAN & PROFILE LEGS C15 M 911 590553 anon 5993499- •�� 0990 C175 0090979 s909 uuuc .y ,`s um i I41=== — C= --i—E : -d ui = u s:� 'J Aria- ICIDOWL uI•I•.a riammennowsli sommiumme--- Pmmarlinumni ! SUM 9303,5040 MY row IAtl1tl1T — e - MM. ./aAt A/7MT COY OF GFOROLTOYOI IW.S WINDMILL HILL OFFSITE UTILITIES GRAVRY SEWER PLAN & PROFILE c..w• sm9 OS MOM em ma. 40539909 Kr 10 VT PM. 9Hi E6 ztm 1324.5' RECORDERS MEMORANDUM All or parts of the text on this page was not clearly le5.lhle An. 9ariof n7.v wpehrAgdnn WESTINGHOUSE ROAD i xvoutlai 11101.1110 .030 to771 011.0001.0 now IV. 570rt Lou 1000150110/0 OD SWIM 9717m 91AIWlE C-C CITY OF DGWID socx WATER TAWNSIMSS ON MANS MM. 1117 100010105 016 1361/11.1319l1011005 10 C 41111111E0 aE an 10®0¢1070 row a M 01W a 0066Yn4Em 0011. DEBI 0111112 DEFT nMir a �m (a not 1E 041E .0.0 --.._,_. Mag. IWO Wv W - ME 1Fa W1y0 970 — S now. now son On (0161 YDI EXHIBIT "D EVE NOM. umw1.0117w re SIYY SOP I11.1Ey111OE EMU/ 1011 1 MIL at CUM 0111,6 105 MN. WPCs BM:1101.1041.1III CORM 1ENt1 ME a YUMMY a7 00VOWED .7071. 100106 SOP S 11 M AMAIN 010170[0006 VD16U0! In•01100100! Sall OMIT DS11 115004 10 MVO= D 1111 an a CEO... pr so •700. sown Eno 1 • rxxlma Mown 10480 TO E [IMMO n 07[7 • Inv 0,5 010610010(1000770 TEAS WINDMILL HILL UTILITY PLAN PHASE I 1011. Preit97 Cub r.SIP sm. Ma cs S 64'59' 164.91' 876.10' RONALD BENDERSON ET. AL CALLED 3.35 ACRES TRACT NO. 4 DOCUMENT NO. 9725163 O.R.W.C.T. P.O.B. S 69'44'49" W S 69'44'49" W 245.83' WESTINGHOUSE (1RDD..( �TY) 000N RD. NO. 111) OTES: v Nn w a ^ w °F M1 mU w " 3 > z a - o 0 W U � UNE TABLE UNE BEARING DISTANCE L3 N 2020'47' W L4 N 72'48'06" E S 1813'31" F 70.64' 91.40' L1 N 15'33'01" W 58.20' L2 S 20'12'12 E 58.00' L5 58.04' RONALD BENDERSO L. CALLED 92.15 ACRES TRACT NO. 4 DOCUMENT NO. 9725164 O.R.W.C.T. TRACT 2- PUBUC UTILITY EASEMENT 1.520 ACRES (66,195 SQ. FT.) \ L4 N 64'59'55" E N 6 9'44'49" E CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT NO. 1 VOL. 848, PG. 817 W.C.D.R. 871.65' • THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. BEARINGS ARE IN TERMS OF STA1E PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE IN TERMS OF NAD83/93 DATUM, EXPRESSED IN U.S. SURVEY FEET. DISTANCE SHOWN HEREON MAY DE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053. CHARLES J. JOHNSON CALLED 2.00 ACRES LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING • 1/2 INCH IRON ROD FOUND (UNLESS NOTED OTHERWISE) 0 INDICATES EASEMENT CORNER NOT SET. O.R.W.C.T. INDICATES OFFICIAL RECORDS LMWAMSON COUNTY, TEXAS W.C.D.R. INDICATES WLLIAMSON COUNTY DEED RECORDS W.C.P.R. INDICATES WIWAMSON COUNTY PLAT RECORDS P.U.E. INDICATES PUBLIC UTIUTY EASEMEN D.E. INDICATES DRAINAGE EASEMENT. It INDICATES PROPERTY UNE RONALD BENDERSON ET. AL. CALLED 92.15 ACRES TRACT NO. 4 DOCUMENT N0. 9725164 O.R.W.C.T. N 69'44'49" E 241.11' S 717 0'27" W . 690.01' CHARLES J. JOHNSON CALLED 60.0 ACRES TRACT NO. 1 VOL. 848, PG. 817 W.C.D.R. T. SCALE: 1" — 100' DATE: 24 FEB. 2000 DRAWN BY: NH CHECKED BY: DJA /NH MARGARET M. NASH CALLED 200 ACRES VOL. 802, PG. 355 W.C.D.R. P.O.C. 2 2_5.09' WESTINGHOUSE RD. (COUNTY RD. N0. 111) (WIDTH VARIES) SKETCH OF PUBLIC UTILITY EASEMENT TRACT 1 0.324 ACRES (14,121 SQ. FT.) ' CT 2 1.520 ACRES (66,196 SQ. FT.) J.S PATTERSON SURVEY, A -502 WILLIAMSON COUNTY, TEXAS e 1 SURVCON INC. PROFESSIONAL SURVEYORS 5316 HWY. 290 WEST, SUITE 480 AUSTIN, TEXAS 78736 TELEPHONE (512) 899 -8282, FAX (512) 899 -9390 EMAIL: austinOsurveon.com JOB d: 417 -731 F.B. #: N/A CAD FILE: 417731 \ DWG \ PART —ADWG TRACT 1 PUBUC UTILITY EASEMENT 0.324 ACRES (14,121 SQ. FT.) S 74 P.O.B.