R-02-06-13-14G5 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14G5
WHEREAS, Texas Crushed Stone ( "TCS ")and Georgetown Railroad
( "GRR ") have previously entered an agreement whereby certain property
owned by TCS and GRR would be designated an Industrial District, and
WHEREAS, in consideration for the extension of the term of the
Industrial District to December 31, 2004, TCS and GRR, have agreed to
(1) convey three tracts of land containing a total of 5.080 acres for
the expansion of the water treatment plant, (2) enter into a Water Line
Easement for a potable water line across TCS land, (3) enter into a
license agreement for the installation of the potable waterline across
the GRR right -of -way, and (4) enter into an easement for roadway access
to the water treatment plant property line from IH 35, and
WHEREAS, the Council wishes to approve the extension of the
Industrial District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Fourth Agreement Extending Industrial District, a
copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
LOODMA\ WORLDOX\ 0 : \WDOX \RESOLOTI \R20613G5.WPD /SC
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of June, 20
CHRISTINE R. MARTINEZ, City Secretar
2
NY E0WELL, Mayor
City of Round Rock, Texas
FOURTH AGREEMENT EXTENDING
INDUSTRIAL DISTRICT
This Fourth Agreement Extending Industrial District (" this
Agreement ") is made and dated effective this 31st day of May, 2002
by and among the City of Round Rock, Texas ( "City "), Texas Crushed
Stone ( "TCS ") and Georgetown Railroad Company, Inc. ( "GRR "), and is
as follows:
RECITALS
WHEREAS, heretofore, the City entered into an agreement with
the Westinghouse Electric Corporation, ( "Westinghouse Agreement ")
such agreement having been executed on the llth and 14th days of
December 1978 and recorded in Volume 744, Page 1, Deed Records,
Williamson County, Texas, and
Whereas, the Westinghouse Agreement provided, among other
things, that certain property owned by Westinghouse would be
included in the extraterritorial jurisdiction of the City, that
said property would be designated as an Industrial District
pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local
Government Code) and that the property would not be annexed by the
City prior to December 21, 1985, and
WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of
the Westinghouse property, said portion of land being described in
Exhibit A, attached hereto and made a part hereof, hereinafter
referred to as "the property" and
WHEREAS, TCS, GRR AND THE City extended the aforesaid
Westinghouse Agreement by and through that one certain Contract and
Agreement Extending Industrial District ( "1985 Contract "), dated
February 14, 1985 and recorded in Volume 1162, Page 406 of the
Official Records of Williamson County, Texas, and corrected by a
Memorandum of Correction dated May 23, 1985 and recorded in Vol.
1190, Page 622 of the official Records of Williamson County, Texas,
and
WHEREAS, TCS, GRR and the City again extended the aforesaid
Westinghouse Agreement by and through that on certain Second
Contract and Agreement Extending Industrial District ( "1988
Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289
of the Official Records of Williamson County, Texas, and
WHEREAS, TCS, GRR and the City again extended the aforesaid
Westinghouse Agreement by and through that one certain Contract and
Agreement Extending Industrial District ( "1995 Contract "), dated
May 25, 1995, and recorded as Document No. 9542043 of the Official
Records of Williamson County, Texas, and
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 1
WHEREAS TCS, GRR and the City now wish to further extend the
Industrial District status previously granted, Now Therefore,
IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS:
I .
The City is in need of:
1) Five and eight one - hundredths (5.080), acres, more
or less, of land for a water treatment plant
expansion, (with provision that there shall be a
100 foot wide road way easement on the east side of
the water treatment plant property adjacent to the
GRR right of way to TCS) and
2) An easement including a temporary construction
easement for a potable water line across TCS land,
3) A license agreement for the installation of the
potable water line across the GRR right of way, and
4) An easement for roadway access to the water
treatment plant property from Interstate Highway 35
(including an agreement to widen and improve the
sight distance at the crossing of the railroad
tracks).
TCS and GRR hereby agree to convey the needed five and eight one -
hundredths (5.080), acres (more or less), the potable water
easement, the access road way easement to the City Water Treatment
Plant property and to enter into a license agreement for a potable
water line crossing the Railroad right of way.
II.
For and in consideration of the conveyance of the five and
eight one - hundredths (5.080), acres (more or less), the conveyance
of the potable water line easement, the conveyance of the new
roadway access easement to the water treatment plant, the granting
of a license agreement for the potable water line, the City hereby
grants an extension from May 31, 2002 to December 31, 2004 of the
Industrial District status previously granted Westinghouse and
extended pursuant to the 1985 Contract, the 1988 Contract and the
1995 Contract. The Industrial District status shall apply to the
property described in Exhibit A which is attached hereto and made
a part hereof as if set out in full herein. The City will further,
for the above described consideration, grant and convey the 100
foot wide road way easement next to the railroad right of way
across the Water Treatment Plant property.
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2
Except as otherwise stated herein, TCS and GRR agree that upon
the expiration of this Agreement and when requested by the City,
they will file with the City a written petition and request for
annexation of the property described hereinabove not previously
annexed.
IV.
TCS and GRR further agree that should they develop or sell for
development all or any part of the Property, such portion developed
or sold for development shall be subject to immediate annexation
and the owner of the property shall petition the City for immediate
annexation. So long as the property is a part of the Industrial
District and being used as herein below defined, there shall be no
taxes due to the City.
It is further agreed that the owner of any portions of the
Industrial District sold for development or developed shall pay to
the City, on or before January 31 of the year following the sale or
the beginning of development, an amount which would equal the City
taxes, including but not limited to agricultural roll -back taxes
had that portion of the property been annexed into the City on the
date of the sale of the property to be developed or the date that
development was begun.
As used herein, the term "develop" shall mean putting the
property to any use except agricultural, limestone mining, railroad
transportation use and related activities.
V.
As an additional assurance to the City that the property shall
be annexed- when sold for development, developed or at the
expiration of this extension, in addition to the petition
referenced above, TCS and GRR herein request annexation by the City
in this contractual agreement, with the condition precedent to such
request that it is not to be acted upon prior to the property or
portion thereof being sold for development, or developed or prior
to December 31, 2004.
In the event, for any reason, the City determines that
additional or substitute petitions or other documents are required
to complete the contemplated annexation(s) TCS and GRR agree to
duly and promptly execute and file such petition or documents at
the request of the City, provided that such petition or documents
have terms and conditions of the same substance as this agreement.
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3
VI.
VII.
The obligations and undertakings of each of the parties to
this agreement shall be governed by and resolved in accordance with
the laws of the State of Texas, and shall be performable in
Williamson County, Texas.
The terms and conditions contained herein shall be deemed to
be covenants running with the land and shall be binding on the
respective legal representatives, successors and assigns of the
parties hereto, expressly including subsequent transferees of any
portion or portions of the property.
The terms and conditions contained herein shall also be
binding on the successors of the present Round Rock City Council
and shall also include any substitute or different governmental
entity that may succeed to the duties and responsibilities of the
existing City Council and under which appropriate jurisdiction is
had for the matters contained herein.
VIII.
If any word, phrase, clause, paragraph, sentence, part,
portion or provision of this contract or the application thereof to
any person, corporation, entity or government or circumstances
shall be held to be invalid or unconstitutional, the remainder of
the contract shall nevertheless be valid and TCS, GRR and City
hereby declare that this contract would have been entered into and
enacted with such invalid or unconstitutional word, phrase, clause,
paragraph, sentence, part, portion or provisions not included.
EXECUTED in multiple originals on the dates indicated below.
Date:
ATTEST: CITY OF ROUND ROCK
By: By:
CHRISTINE R. MARTINEZ, NYLE MAXWELL, Mayor
City Secretary
FOURTH AGREEMENT EXTENDING INDUSTRIAL. DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4
Date:
Date:
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
STATE OF TEXAS S
s
COUNTY OF WILLIAMSON S
ATTEST: TEXAS CRUSHED STONE COMPANY
By: By:
C.W. Fraser, Secretary W.B. Snead, President
ATTEST: GEORGETOWN RAILROAD COMPANY, INC.
By: By:
C.W. Fraser, Secretary W.B. Snead,
Chairman of the Board
This instrument was acknowledged before me this day of
, 2002, by Nyle Maxwell, Mayor of the City of Round
Rock, Williamson County, Texas.
Notary Public, State of Texas
Printed name:
My Commission Expires:
This instrument was acknowledged before me this day of
, 2002, by W.B. Snead, President of Texas Crushed
Stone Company, a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed name:
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCS, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE5
STATE OF TEXAS S
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this day of
_, 2002, by W.B. Snead, Chairman of the Board of
Georgetown Railroad Company, Inc., a Texas railroad corporation, on
behalf of said corporation.
mmsrEmo mmm o am.) D, .6II I mm
Notary Public, State of Texas
Printed name:
My Commission Expires:
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 6
Description of two tracts of
land, being Tract IA consisting
of 875.68 acres and Tract IIA
consisting of 260.39 acres.
E; H/BIT "A'
Page 1 of 11
EvansFieldunotess''describing and 68e of land in the Ephraim
County, Texas; said tract being a portion of Survey in Williamson
tract that was conveyed by deed dated Jul the 710fr from
acre
Lamoc Corporation to Westinghouse Electric Co , 1971 Ero
recorded in the Williamson County Deed Records pint Vl u and
page 80, and all of the 526.60 acre tract that wasco
by deed dated October 18, 1971 from Leon E. Behrens and wife
Onie D. Behrens to Westinghouse Electric Corporation and
recorded in the Williamson County Deed Records in Volume 540,
page 767 and being more particularly described as follows
BECINNINC at an iron pin set for the southeast corner of
the tract herein described, said southeast corner also being
the southeast corner of the above said 526.60 acre tract
conveyed to Westinghouse Electric Corporation, and in the
west right -of -way line of the Georgetown Railroad;
THENCE along the average line of a fence for the south
line of the tract herein described the following courses;
(1) South 85' 54' 42" West a distance of 835.47 feet to
an iron pin found;
(2) South 69' 28' 14" West a distance of 884.18 feet to
a cedar post found
(3) South 75' 10' 48" West a distance of 88.43 feet to
a cedar post found
( South 68' 59' 10" West a distance of 2,355.65 feet to
a creosote post found
(5) South 70' 38' 31" We a distance of 119.60 feet
to a creosote post found;
(6) South 68' 46' 58" West a distance of 1,697.08
feet to an iron pin found
(7) South 77' 49' 02" West a distance of 78.40 feet to
an iron pin found;
( South 68' 02' 17" West a distance of 1,596.96 feet
to an iron pin found
(9) South 69' 01' 04" West a distance of 1,080.90 feet
to an iron pin set for the southwest corner of the
tract herein described;
THENCE along the average line of a fence fr of the tract herein described the following courses. west line
(1) North 20' 58' 25" West a distance of 2,698.73 feet
to an iron pin set
(2) North 67 45' 45" East a distance of 173.70 feet to
an iron pin set;
EXH:37T "\'
TRACT IA
.(3) North 21 00' 01" West a distance of 1,919.02 feet
to a 30d nail found and replaced with an iron pin:
for the northwest corner of the tract herein described;
THENCE along the north line of the tract herein described
the following courses;
(1) North 70 15' 54" East a distance of 492.06 feet to
a 30d nail found and replaced with an iron pin
(2) 652.77 feet along a curve to the right having a
chord of 652.44 feet bearing North 73' 32' 09" East
and a radius of 5,829.58 feet to a nail in rock
found;
(3) North 76 44' 56" East a distance of 7,502.43 feet to
a 30d nail found and replaced with an iron pin;
(4) 613.26 feet along a curve to the right having a chord
of 612.99 feet bearing North 79' 41' 43" East and a
radius of 5,829.58 feet to a 30d nail found and
replaced with an iron pin;
(5) North 76' 48' 34" East a distance of 310.48 feet
to a 30d nail found and replaced with an iron pin;
(6) 224.69 feet along a curve to the right having a
chord of 224.68 feet bearing North 86' 46' 27" East
and a radius of 5.867.58 feet to a 30d nail found
and replaced with an iron pin
North 87' 57' 18" East a distance of 124.22 feet
to a 30d nail found and replaced with an iron pin
for the northeast corner of the tract herein described,
said northeast corner also being in the west right -of-
way of the Georgetown Railroad
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of the
Georgetown Railroad, the following courses;
(1) South 0' 43'47 " East a distance of 907.61 feet to
a 30d nail in a railroad tie found;
(2) South 0' 52' 37" East a distance of 2,847.16 feet
to the Point of Beginning and containing 875.68
acres, more or less.
(7)
t, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes represent the results of an on-
the- ground survey made under my direction on the 29th day of
June, 1982.
•
OF
JERRY BROTCS N41 '4 r is e
/ s)erry tr eks Ha le
q' 2151 q /1egi ;( rod Public Surveyor No. 2154
/C• S�R
£X1317
A
Pacil 3 of 11
Field notes describing 260,39 acres of land in the
Ephraim Evans League (Abstract 212) and the D. Curr
in Williamson County, Texas: Said tract being the 153.014 acre tract conveyed by n Survey
1971 from Raymond ades Dated portion
Westinghouse Electric wife, Gladys to
Williamson County Deed Records in Volume i^ the
and a portion of the 1,036.15 acre tract thaot v page 9
by deed dated July 23, 1971 from Lamoc Corpr io conveyed
Electric Corporation and recorded in the WilliamsoncCounty
538, Deed Records in Volume Westinghouse
acre tract that was convey ed ry tpbye 80, and
ant at dll of the 82.23
1971 from Robert L. Bowers, e d September 2e,
and Carl W. Burnette Individually e to Westinghot L. Bowers n
Corporation and recorded in the Williamson County Deed
Records in Volume 540,' page 68, and all of the 27.65 acre
Marvin H. Parker and tract that was conveyed by deed dated August 3, 1971 from
Electric Corporation and e recorded inatheriWo amsongCoune
Deed Records in Volume 449, llio th County p
acre tract that was conveyedbyedeed dated a0ctoberh18193
1971 from Leon E. Behrens and wife, Onie D, Behrens to
Westinghouse Electric Corporation and recorded in the
Williamson County Deed Records in Volume 540, page 767,
and being more particularly described as follows:
BEGINNING at an iron pin found for the southeast corner
of the tract herein described, said corner also being corner of the above -said 88.23 acre tract conveyed
to Westinghouse Electric Cor t r ie
of -way line of Interstate Highwayi 355; ; 3 and in the west right_
y
THENCE along the south line of the tract herein described
the following courses;
( South 80' 46' 40" West a distance of 112.73 feet
along a fence to an iron pin sec;
(2) North 20' 14' 48" West a distance of 400.71 feet
along a fence to an iron pin set;
(3) South 85' 53' 09" West a of 1,650.58
feet to an iron pin set for the southwest corner
of the tract heroin described, said southwest
corner also being in the east right -of -way line of
the Georgetown Railroad;
THENCE along the west line of the tract herein described,
said west line also being the east right -of -way line of the
Georgetown Railroad, North 0' 51' 14" West, a distance of
6,445.92 feet to an iron pin found for the northwest corner of
the tract herein described;
No.- THENCE along the north line of the tract herein described
16" East, a distanc of 1,543.58 feet to an iron
pin found for the northeast co, -ne,-
corner also being the west °i the tract heroin ayslineeo
said northeast .
lntersta_e H.gh'.ay 35: s in right-of-way line o
ri^ F 7 f
TRACT IIA
THENCE
said the
right- of -wayr escribed.
Interstate Highway 35, the following courses;
(1) 24.31 feet along a curve to the left having a chord
of 24.30 feet bearing South 2' 04' East and a
radius of 2,914.8 feet to a Texas Highway Department
monument found;
(2) South 2' 09' 30" East a distance of 855.64 feet to
a Texas Highway Department monument found
'(3) 597.76 feet along a curve to the left having a chord
of 596.70 feet bearing South 8' 01' 07" East a radius
of 2,914.8 ,feet to a Texas highway Department monument
found
(4) 381.42 feet along a curve to the right having a chord
of 380.75 feet bearing South 8' 00' East and a radius
of 1,859.9 feet to a Texas Highway Department monument
found
(5) South 2' 12' 52" East a distance of 187.22 feet to a
Texas Highway Department - monument found;
(6) 331.69 feet along a curve to the right having a chord
of 326.16 feet bearing South 15' 59' 02" west and a
radius of 523.0 feet to a Texas Highway Department
monument found
(7) 968.37 feet along a curve to the left having a chord
905.19
us of 766.26feetntoSau
radius Texas Highway Department
monument found;
(3) 331.15 feet along a curve to the right having a chord
of 325.65 feet bearing South 20' 13' 10" East and a
radius of 523.0 feet to a Texas Highway Department
.monument found
(9) South 2' 05' 37" East a distance of 1,086.87 feet
to a Texas Highway Department monument found;
(10) South 2' 04' 08" East a distance of 2,069.59 feet to
the Point of Beginning and containing 260.39 acres of
land, more or less.
1, Jerry Brooks Hale a REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes represent the results o f _
9round survey made under my direction on the 29th day an
June n
1982.
rooks Hale
eyed Public Surveyor Ho. 2154
Description of two tracts of land, being
Tract I consisting of 2,023.28 acres
and Tract II consisting of 35.23 acres.
EXHIBIT "A'
Pa3e 5 c. .
TRACT 1
Field notes describing 2,02).28 acres of land in the
Ephraim Evans League (Abstract 212) and the John Powell
being gall (Abstract Williamson County,
of the 1 ,474,684acrtractconeyedXby deed d dated
t
June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson
to Westinghouse Ele Corporation and recorded in the
Williamson County Deed Records in Volume 537, page 93, and a
portion of the 1,036.15 acre tract that was conveyed by
deed dated July 23, 1971 from Lamoc Corporation to Westinghouse
Electric Corporation and recorded in the Williamson County
Deed Records in Volume 538, page 80. and being more particularly
described as follows:
BEGINNING at an iron pin found for the most easterly'
northeast corner of the tract of land herein described, said
corner.alsgbeing the most easterly northeast corner of the
above said 1,474.684 acre tract conveyed to Westinghouse
Electric Corporation, in the south line of the John Powell
League (Abstract 491), in the north line of the Ephraim
Evans League (Abstract 212), and in the west right -of -way
line of the Georgetown Railroad
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of the
Georgetown Railroad South 7° 00' 06" West a distance of 422.97
feet to an iron pin found, said iron pin also being the
northeast corner of that 13.00 acre tract of land conveyed
to the City of Round Rock and recorded in the Williamson
County Deed Records in Volume 853, page 56;
THENCE along the north line of the above said City
of Round Rock tract South 72' 14' 37" West a distance of
1,016.96 feet to an iron pin found for che northwest corner
of the above said City of Round Rock tract;
THENCE along the west line of the above said City of
RuunJ Ruck tract Suuth 17" 47' 23" Bast u distance of 652.19 feet
to an iron pin found for the southwest corner of the above
said City of Round Rock tract;
THENCE along the south line of the above City of Round
.Rock tract Horth 72' 14' 24" East a distance of 719.90 feet
to an iron pin found for. the southeast corner of the above
said City of Round Rock tract, said southeast corner also
being in the west right -of -way line of the Georgetown Railroad;
THENCE along the east line of the tract herein described,
said east line also being che west right -of -way line of the
Georgetown Railroad, the following courses;
(1) South 4' 18' 56" West a distance of 65.18 feet to
an iron pin found
(2) North 67' 51' 47" East a distance of 11.14 feet to
an iron pin found
(3) South 6' 23' 45" West a distance of 955.07 feet
to an iron pin found;
(4) 1,504.16 feet along a curve to the left having a
chord of 1,503.15 ices bearing South 3' 09' 5S" West
and a radius of 11,489.59 feet to an iron pin set;
Page 7 of 11
.(5) South 0' 51' 01" East a distance of 407.61 feet to an
iron pin found;
(6) South 0' 51' 14" East a distance of 2 ,695.35 feet
to a 30d nail found and replaced with an iron pin
dorcth southeast corner of the tract herein
THENCE along,the south line of the tract herein described
the following courses;
(1) South 87' 57' 18" -West a distance of 124.22 feet
to a 30d nail found and replaced with an iron pin;
(2) 224.69 feet along a curve to the left having a
chord of 224.68 feet bearing South 86' 46' 27"
West and a radius of 5,869.58 feet, to a 30d nail
found and replaced with an iron pin;
(3) South 76' 48' 34" West a distance of 310.48 feet
to a 30d nail found and replaced with an iron pin;
(4) 613.26 feet along a curve to the left having a chord
of 612.99 feet bearing South 79' 41' 43" West and a
radius of 5,829.58 feet, to a 30d nail found and
replaced with an iron pin;
(5) South 76' 44' 56" West a distance of 7,502.43 feet
to an 30d nail in rock found;
(6) 652.77 feet along a curve to the left having a chord
of 652.44 feet bearing South 73' 32' 09" West and a
radius of 5,829.58 feet, to a 30d nail found and
replaced with an iron pin;
(7) South 70' 15' 54" West a distance of 492.06 feet to
a 30d nail found and replaced with an iron pin for
the southwest corner of the tract herein described
THENCE along the average line of a fence for the west line
of thu tract heroin described the following courses;
(1) North 21' 02' 58" West a distance of 3 ,679.56 feet
-to an iron pin set;
(2) North 69' 49'.35" East a distance of 1,000.42 feet
to a cedar post in concrete found
(3) North 20' 28' 58" West a distance of 1.211.02 feet
to an iron pin found;
(4) North 20' 42' 10" West a distance of 4,877.31 feet
to an iron pin found for the h
r of
the tract herein described; Wort west co me
THENCE along the average line of a fence for the north line
of the tract herein described the following courses;
North 69° 17' 01 "East a distance of 2,187.71 feet
co a cedar post found
(1)
(2)
North 69° 04' 40" East a distances of 1 ,959:87 feat
to a cedar pose found
Page 8 � _f
(3) North 69' 02' 20" East a distance of 2,021.65 feet
to an iron pin set for the most northerly northeast
corner of the tract herein described;
THENCE along the average line of a fence for the east line
of the tract herein described the following courses;
(1) South 5' 27' 36" East a distance of 1,
to a dead 36 inch Pecan tree; 552.71 feet
(2) South 18' 09' 07" East a distance of 110.14 feet to
a 2 inch drill stem found;
( South 87' 44' 21" East a distance of 44.64 feet to an
iron pin found;
(4) South 12' 11' 05" East a distance of 200.03 feet to an
iron pin found;
(5) North 79' 31' 55" East a distance of 50.27 feet to
an iron pin found;
(6) South 23' 22' 39" East a distance of 3.040.24 feet to
an iron pin set;
THENCE along the average line of a fence for the north
line of the tract herein described the following courses;
(1) North 68' 59' 48" East a distance of 1,079.76 feet
to a cedar post found
(2) North 51' 30' 13" East a distance of 43.49 feet to
a cedar post found;
(3) North 69' 15' 35" East a distance of 2,235.63 feet
to an iron pin found;
(4) North 80' 08' 33" East a distance of 47.20 feet
to an iron pin found;
(5) North 69' 29' 12" East a distance of 341.55 feet
to an iron post found
(6) North 69' 17' 27" East
to a cedar post found;
a distance of 1 ,033.48 feet
(7) North 68' 38' 13" East a distance of 741.68 feet
to the Point of Beginning and containing 2,023.28
acres, more or less.
1 , Jerry Brooks Hale, a REGISTEPED PUBLIC SUPVETOP., do hereby
certify that these field notes represent the results of an on-
the- ground survey made under my direction on the 29th day of
June, 1982.
•
•
F:%nIriIT 'p'
?n;e 'r of ,.
erry,$fdpr55 f a l e
.•� neniStered Public T urveyor Ila. 2194
•
TRACT II
Field notes describing 35.23 acres of land in the Ephraim
Evans League (Abstract 212) and the John Powell League (Abstract
491) in Williamson County, Texas: said tract being a portion of
the 153.014 acre tract conveyed by deed dated June 24, 1971 from
Raymond Pearson and wife, Gladys D. Pearson to Westinghouse
Electric Corporation and recorded in Williamson County Deed
Records in Volume 537, page 93, and being more particularly
described as follows:
BEGINNING at an iron pin found for the northwest. corner
of trace herein described, said corner also being the northwest
corner of the above said 153.014 acre tract conveyed to
Westinghouse Electric Corporation, the southwest corner of that
tract of land conveyed to Georgetown Railroad Company as recorded
in Volume 475, page 41, in the Williamson County Deed Records,
and also being in the east right -of -way line of the Georgetown
Railroad;
THENCE along the north line of the tract herein described
North 87' 21' 23" East, a distance of 965.37 feet to a one inch
pipe in concrete found for the northeast corner of the tract
herein described;
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of Interstate
Highway 35, the following courses;
(1) 56.85 feet along a curve to the right having a
chord of 56.84 feet bearing South 34' 18' 25" West
and a radius of 1,095.9 feet to a Texas Highway
Department monument found;
(2) 1,023.42 feet along a curve to the left having a
chord of 949.02 feet bearing South 2' 04' 58" East
and a radius of 766.2 feet to a Texas Highway
Department monument found;
(3) 365.13 feet along a curve to the right having a
chord of 363.44 feet bearing South 30' 49' 05" East
and a radius of 1,095.9 feet to an iron pin in concrete
found for the southeast corner of the tract herein
described;
THENCE along the south line of the tract herein described
South 72' 11' 19" West, a distance of 1,424.52 feet to a concrete
monument set for the southwest corner of the tract. herein described,"
said corner also being in the east right -of -way line of the
Ceorgc towm .Railroad;
THENCE along the west line of the tract herein described.
said west line also being the east right -of-way line of the
Georgetown Railroad, North 6° 37' 05" East, a distance of 1,144.23
feet to the Point of Beginning and containing 35.23 acres of land,
more or less.
EX :D:- 'A'
Page 10 of li
I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR,
do hereby certify that these field notes represent
the results of an on the ground survey made under
my direction on the 29th day of June, 1982.
i
G erry' roe s late -
Re f tered Public Surveyor
N . 2159
STAIE 1ny�OW
t>kr
Ti 1 /d'
• - I• Lcu,:+sox cam; TzuS
EXHIBIT "A"
Page 11 of 11
Doc# 9542043
A Pages: 16
Date : 09 -20 -1995
Time : 0 3:01:13 P.M.
Filed S Recorded in
Official
ofI LIAMSON r Count
ELAINE BIZZELL Ye TX.
COUNTY CLERK
Rec. $ 39.00
an r
do
ROUND R❑CK
INDUSTRIAL DISTRICT
R
1
V - 2000'
I \
Sponsor: N/A
DATE: June 7, 2002
SUBJECT: City Council Meeting — June 13, 2002
ITEM: 14.G.5. Consider a resolution authorizing the Mayor to execute the Fourth
Agreement Extending Industrial District with Texas Crushed Stone
and Georgetown Railroad Company.
Resource: Jim Nuse, Public Works Director
History: This Industrial District outlines terms and conditions whereby Texas Crushed
Stone & Georgetown Railroad Company may continue to operate outside Round
Rock City limits. The District was first created in 1978 and has been extended
three other times.
In exchange for the agreement of the City not to annex this property during the
term of the Agreement, Texas Crushed Stone and Georgetown Railroad Company
will convey property and grant easements and other considerations needed by the
City
Funding: The City agrees to forgo tax payments but does not pay for property and
easements.
Cost: N/A
Source of Funds: N/A
Outside Resources: Texas Crushed Stone, Georgetown Railroad Company
Nancy Rister
Williamson County Clerk
P.O. Box 18
Georgetown, TX 78627
Re: Texas Crushed Stone and City of Round Rock
Dear Ms. Rister:
Enclosed please find the following original documents:
RMC
Enclosures
1. Deed. The original executed Deed from Texas Crushed Stone Company to the City
of Round Rock;
2. Water Line Easement. The original executed Water Line Easement from Texas
Crushed Stone Company to the City of Round Rock;
3. Pipeline License Agreement. The original executed Pipeline License Agreement
from Georgetown Railroad Company to the City of Round Rock; and
4, Agreement. An original executed Ancillary Agreement between the City of Round
Rock, Texas Crushed Stone Company and Georgetown Railroad.
Please record the above - described original documents and retum in the enclosed envelope.
Also enclosed is a check in the amount of $104.00 for the filing fee.
Thank you for your assistance in this matter. If you have any questions or need additional
information, please feel free to call.
0; \vdox\ COMA \gn1 \txcruaha\a0029677.WP0 /k9
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Sneer • Round Rook, TX 78664 -5246
phone 512- 255 -8877 • fax 512- 255 -8986
June 27, 2002
Sincerely,
Qo- A. vW.w\, QQ-1 -.
Rose A. McMillin
THIS IS AN ANCILLARY AGREEMENT TO A
WATER TREATMENT CONSTRUCTION PROJECT AND
THE FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT
IN THE YEAR 2002
STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
2002048912 11 pgs
This agreement is made and entered into effective the date last
executed hereinbelow by and between the City of Round Rock,
hereinafter called "City" and the Georgetown Railroad Company,
Inc., hereinafter called "GRR" and the Texas Crushed Stone Company,
hereinafter called "TCS ".
RECITALS
Whereas, the City is planning the expansion of its water treatment
plant which will require additional property, easements and
improved access to the plant and
Whereas, the City, GRR, and TCS desire to improve roadway
conditions, plant site security, and traffic safety on the access
road and
Whereas, the City plans to construct a new water line under the
main access road to the water plant and to the TCS plant and
Whereas, the City needs a construction gate in addition to the main
water treatment plant gate and
Whereas, TCS, GRR and the City want to keep the right -of -way clear
for a possible future over or underpass of the GRR railroad tracks
that would connect the paved road located on the North side of the
water treatment plant property with the Westinghouse Road overpass
on IH -35 and
Whereas, TCS presently operates a raw water line that crosses the
property to be conveyed to the City and it will be necessary for
TCS to relocate the line sometime in the future, NOW THEREFORE IT
IS AGREED THAT:
I.
The present access road running north -south should be widened to 30
feet in width. The hump in this road should be reconstructed so
that site distances along this road are increased. This road
AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY,
INC. Page 1
should have an asphalt surface. TCS will furnish (free of charge)
embankment fill and limestone base for this road improvement
project. The City shall design, and construct this project at city
expense. GRR shall approve the plans for the project.
II.
The City, TCS, and GRR agree that the speed limit on the access
road should be 25 miles per hour. TCS, GRR, and City agree that
traffic signs should be placed along the access road as shown in
Exhibit A. The City shall install and maintain the traffic signs
as shown in Exhibit A.
TCS and City agree to enter into an agreement (exhibit B) regarding
construction access during periods of major construction at the
water plant.
IV.
The City, TCS, and GRR agree to each designate an individual to
coordinate security in the vicinity of the water plant.
V .
TCS and the City agree to coordinate the placement of the new
waterline under the access road on a weekend. Work to start after
17:30 hours on a Friday afternoon. The workto be complete and the
road ready for traffic by 04:00 hours the following Monday morning.
If this cannot be done the City agrees to bore under the road.
VI.
City understands that GRR and TCS are considering the option of
constructing a grade separation at the GRR railroad tracks
northeast of the water treatment plant. The City acknowledges that
such contemplated grade separation would probably be in its own
best interests in that it would provide improved access to the
water treatment plant. Therefore, the City, GRR and TCS will
endeavor to develop general concept plans and meet by May 01, 2003
to discuss appropriate measures to complete this project, if
feasible.
VII.
It is agreed that the City of Round Rock and its Contractor for
construction of the addition water treatment plant facilities may
use an approximate area of 2.2 acres to the West of the current
City of Round Rock water treatment plant land (270 feet by 360 feet
AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY,
INC. Page 2
approximately) as a temporary contract lay down area with the
provision that the City of Round Rock will clean up and take such
other steps''necessary to return the land to its condition it was in
before the Contractor lay down use begins.
VI II.
It is agreed that Georgetown Railroad Company and Texas
Crushed Stone Company will work with the City of Round Rock to
achieve improvement at the intersection of the Union Pacific
Railroad Company track and RM 620. All parties agree to push for
the early completion of State Highway 45 and connection of it to RM
620. All parties agree to use their best efforts to improve
conditions at the above mentioned intersections.
IX.
A. This contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williathson County, Texas.
B. Should any litigation be commenced between the parties hereto
concerning this Agreement, the party prevailing in such litigation
shall be entitled in addition to such other relief as may be
granted, to a reasonable sum as and for attorney's fees and costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto of the subject matters which it addresses and
supersedes any prior understandings or written or oral agreements
between the parties hereto and supersedes any prior understandings
or written or oral agreements between the parties respecting the
within subject matter.
AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY,
INC. Page 3
Date:
ATTEST:
ATTEST:
Date: 1w, Y / 7, Zoo v
Date: ,ten c / 7 Z GD —
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
/2- O - / 3 - i y Gio
ATTEST: CITY OF .d D 'O
/✓ �I
do T -- 1 Mayor
B e• L/' n
Christine R. Martinez,
City Secretary
TEXAS CRUSHED STONE ANY
By: ✓ 1 ' -V
Y: G 1
C. W. Fraser, Secretary W. B. Snead, President
By: -% // �
C. W. Fraser, Secretary
STATE OF TEXAS §
s
COUNTY OF WILLIAMSON §
GEORGETOWN RRAILROAD C• i'ANY Of
By: �� /�■∎
W. B. Snead, Chairman of
the Board
T r� instrument was acknowledged before me this / day of
Q / , 2002, by NYLE MAXWELL, Mayor of the City of
Rock, Williamson County, Texas.
�
Notary Public, St to of xa s
Printed Name: (9- /ri,5r� it :rna ;; /A z)
My Commission Expires: 8 -Pe-05
AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY,
INC. Page
STATE OF TEXAS §
COUNTY OF WILLIAMSON $
This strument was acknowledged before me this 1 day of
, 2002, by W. B. SNEAD, President of Texas
Crus Stone Company, a Texas corporation, on behalf of said
corpo tion.
STATE OF TEXAS
COUNTY OF WILLIAMSON
s instrument was acknowledged before me this r day of
, 2002, by W. B. SNEAD, President of
rgetown Railroad Company, Inc., a Texas corporation, on behalf
said corporation.
TCSC -RR. AGI - 701(02-034)
KYHA 0. GIDDENS
Notary Public, 51010 of Texas
My Commission Expres
MARCH 24. 2003
KYRA 0. GIDDENS
. Nolary Pubic. Stale of Texas
My Commission Swims
MARCH 2 4 f 2003j
S
S
5
.d I l - - -'L/ .9.ai
Not ;Public, Sfte of Texas
Pri t-. Name:
My Commission Expires:
Note Public, Sta
Printed Name:
My Commission Expires:
AGREEMENT -CITY OF ROUND ROCK, TEXAS CRUSHED STONE COMPANY AND GEORGETOWN RAILROAD COMPANY,
INC. Page 5
INDEMNITY AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That the City of Round Rock, a Texas Municipal Corporation,
located in Williamson County, Texas, ( "indemnitor ") in
consideration of Texas Crushed Stone Company, a Texas Corporation
and Georgetown Railroad Company, a Texas Railroad Corporation, both
being located on Interstate Highway 35 in Williamson County, Texas,
( "indemnitee ") permitting the City of Round Rock and the entities
with which the City of Round Rock is contracting for the purpose of
construction and improvement work upon the water treatment plant
and the connecting water lines located within and upon the property
owned by Texas Crushed Stone Company and Georgetown Railroad
Company, and any subcontractors, suppliers, agents of the City of
Round Rock or other parties having anything to do with the above
described construction and /or improvements to the water treatment
plant and connecting waterlines crossing Texas Crushed Stone
Company and /or Georgetown Railroad Company property in order to
have access to the water treatment plant and the connecting water
lines, agrees to indemnify the Texas Crushed Stone Company,
Georgetown Railroad Company, and any of their sister corporations,
invitees, agents suppliers, or employees ( "indemnitee ") from and
against any and all liability or claims that indemnitee may sustain
as a result of claims, demands, costs, or judgments arising from
indemnitor, or any of the above enumerated parties working with
INDEMNITY AGREEMENT PAGE 1
CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY
indemnitor, being upon indemnitees' land or crossing indemnitees'
property, this indemnity agreement to last so long as the
construction and /or improvement activities, and follow -up work are
occurring.
r2lb
Made and executed this ',I of , 2002.
CITY OF ROUND ROCK, TEXAS
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the I2 day of
, 2002, by Nyle Maxwell, Mayor of the City of
Ro Rock, a Texas municipal corporation, on behalf of said
municipal corporation..
CHRISTINE R. MARTINQ
MY COMMISSION EXPIRES
August28,2005
TCSC- ORR.IND WPBC /117 02-034
R- oa- o(- i3 -J4' /o
*
*
INDEMNITY AGREEMENT
CITY OF ROUND ROCK TO TEXAS CRUSHED STONE COMPANY
Notary Public, State of Texas
CNRIsr/NE R. infide T /AJ62
(Printed or typed name of notary)
My commission expires: g - ,JR - 5
PAGE 2
CITY OF ROUNDROCK
WATER TREATMENT
PLANT
S
ISPEED)
LIMIT
JJ
25
WESTINGHOUSE
ROAD
OVERPASS
EXHIBIT 'A'
TRAFFIC SIGNS
WATER PLANT
ACCESS ROAD
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TOO RAILROAD
O M P A N Y
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COMPANY
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LONE STAR INDUSTRIES
u0Nr..lw OOy Maim
0.1. T11. Pp. s1♦ 100:( 2
s
CITY OF ROUND ROC(
Deg. 40532045
10.813 Sam,
SKETCH TO ACCOMPANY DESCRIPTION
OF A PROPOSED 1.499 ACRE ACCES5 EASEMENT
OUT OF A P0011014 OF NAT 2023.28 ACRE TRACT CONVEYED
TO TEXAS CRUSHED STONE COMPANY
VOLUME ORO. PAGE 638, 1RACT 1, WSLAMSON COUNTY. 1EKA5.
Na
11
0131
SO6'46'46'W 58.07
L4
51128•38'W
L5 589.5514,-18
Ls S70Y1432'W
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40.00
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L3 51955 40.46'
1,7 N1955'28'W 40.00'
LB 517'44'09"E 9.58'
1.9 87215"L1'W 40.00
110 N17"44 09 20.00
111 N11•28'36'E 150.01'
CITY
OF
ROUND ROCK
FN No.: 740R1 I ALE: 11830EK2R.dwg I DRAM BY: LM.R J PROJECT No.: 116 -30.06
fm OF ROUND ROC(
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VOL. 4 27. PG.
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DATE: 06/13/02
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06/13/2002 THU 14:33 (TX /RI NO 80431 QJ004
Jun 13 02 02:37p
1.499 ACRES
CITY OF ROUND ROCK
ACCESS EASEMENT
Interstate Surveying
DESCRIPTION
512 329 8576 p. 2
FN NO 740R1
JUNE 13, 2002
JOB NO. 118 -30.06
OF A 40 FOOT WIDE STRIP OF LAND, BEING A 65,284 SQ. FT. (1.499 ACRE) TRACT OR
PARCEL OF LAND OUT OF AND PART OF 2023.28 ACRE TRACT CONVEYED TO TEXAS
CRUSHED STONE COMPANY IN VOLUME 880, PAGE 638, TRACT 1, OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAID 1.499 ACRES INTENDED TO BE
UTILIZED AS AN ACCESS EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a found bent h" iron rod for the northeast comer of said 2023.28 acre tract, being the
southeast corner of an 11.23 acre tract owned by said Texas Crushed Stone Company and recorded in
Volume 512, Page 292, and located in the west line of the Georgetown Railroad Right - of-Way as recorded in
Volume 429, Page 129, and also being the northeast corner of a 100 foot wide Right-of -Way and Easement
conveyed to the City of Round Rock, Texas in Volume 853, Page 64, all of which are recorded in the said
Official Records of Williamson County, Texas, said bent 'A" iron rod found being further located
N06 °46'46"E, 420.56 feet from a found capped W' iron rod being the northeast corner of a 13.00 Acre tract
conveyed to the said City of Round Rock, Texas and recorded in Volume 853, Page 56 of the said Official
Records of Williamson County, Texas;
THENCE, 569°07'53 "W, 112.89 feet along the north line of said 2023.28 acre tract to a calculated point,
said calculated point being the northwest corner of the said 100 foot wide Right-of-Way and Easement
conveyed to the said City of Round Rock, Texas;
THENCE, leaving said north line 2023.28 acre tract, and proceeding over, across and through said 2023.28
acre tract and along the west line of the said 100 foot wide Right - of-Way and Easement, S06 °46'46"W,
58.07 feet to a calculated comer and the POINT OF BEGINNING;
THENCE, continuing over, across, and through said 2023.28 acre tract and along the said west line of the
100 foot Right-of-Way and Easement S06 °46'46 "W, 44.78 feet to a calculated point;
THENCE, leaving the said west lime of the 100 foot Right - of-Way and Easement and continuing over,
across, and through said 2023.28 acre tract the following eleven (11) courses and distances:
1) S70°04'32"W, 1342.00 feet to a calculated point for an angle point hereof;
2) S19 °55'28"E, 40.16 feet to a calculated point for an angle point hereof;
3) 511°28'36"W, 150.83 feet to a calculated point for an angle point hereof;
4) S17°44'09"E, 9.58 feet to a calculated point, 50.00 feet north of the north line of a 10.813 acre
tract, conveyed to the City of Round Rock in Document No. 9542045, of record in the Official
Records of Williamson County, Texas, for an angle point hereof;
5) 572°15'51 "W, 40.00 feet to a calculated point, 50.00 feet north of north line of said 10.813 acre
tract, for an angle point hereof;
00/13/2002 THU 14:39 1TE /RE NO 80431 e002
Jun 1,3 02 37 P
e
FN NO 740R1
1.499 ACRES
PAGE TWO
STATE OF TEXAS
COUNTY OF WILLIAMSON §
MILLER, RP.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING COMPANY
13740 N. HWY 183, BLDG. L
Austin, Texas 78750
(feldmrm\PN 703 - 75015- 740RI.d°e)
OSd �l,�
Interstate Surveying
6) NI 7°44'09"W, 20.00 feet to a calculated point for an angle point hereof;
7) N11°28'36"E, 150.01 feet to a calculated point for an angle point hereof
8) NI9°55'28"W, 29.22 feet to a calculated point for an angle point hereof;
9) S70°04'32"W, 40.00 feet to a calculated point for an angle point hereof;
10) N19°55'28 "W, 40.00 feet to a calculated point for an angle point hereof; and
512 329 8576 p.3
II) N70°04'32"E, 1442.12 feet to the POINT OF BEGINNING, containing 1.499 acres of land,
more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate
Surveying, Inc., drawing file "11830ex2R.dwg ".
KNOW ALL BY THESE PRESENTS §
THAT I, BLAINE J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 13th DAY OF
JUNE, 2002 A.D.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e
06- 28- 2002`09 :12 AM 2002048912
ANDERSON $29.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
00/13/2002 THU 14:33 (TX/RX NO 8043] a003
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
DEED
2002048909 9 P 1
KNOW ALL MEN BY THESE PRESENTS:
THAT, TEXAS CRUSHED STONE COMPANY, a Texas corporation
( "Grantor "), for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration to Grantor paid by the
Grantee herein named, the receipt of which is hereby acknowledged,
has granted, sold and conveyed, AND BY THESE PRESENTS DOES grant,
sell and convey unto the CITY OF ROUND ROCK, a home rule city of
the State of Texas ( "Grantee "), all of the following described real
property in Williamson County, Texas, to -wit:
Five and eighty one - hundredths (5.08), acres, more or
less, consisting of a 1.892 acre tract, a 1.4999 acre
tract and a 1.689 acre tract, all of said tracts being
out of the EPHRIAM EVANS LEAGUE, Abstract No. 212, in
Williamson County, Texas, and being more fully described
by metes and bounds in Exhibit "A" attached hereto and
made a part hereof.
Grantor reserves in this conveyance a right of way easement
across the Eastern most One Hundred (100) feet of the tracts
being conveyed in this deed. This right of way easement has
a weight limitation restricting vehicles to no more than
80,000 pounds gross weight.
This conveyance is made and accepted subject to the following
matters, to the extent same are in effect at +this time: any and all
restrictions, covenants, conditions and easements, if any, relating
to the hereinabove described property, but only to the extent they
are still in effect, shown of record in Williamson County, Texas,
and all zoning laws regulations and ordinances of municipal and /or
other governmental authorities, if any but only to the extent that
they are still in effect, relating to the hereinabove described
property.
TO HAVE AND HOLD the above described premises, together with
all and singular the rights and appurtenances thereto in anywise
belonging, unto the said Grantee, its successors and assigns,
forever; and Grantor does hereby bind itself and its successors to
WARRANT AND FOREVER DEFEND all and singular the said premises unto
the said Grantee, its successors and assigns, subject as aforesaid,
against every person whomsoever lawfully claiming or to claim the
same or any part thereof, by through and under Grantor and not
otherwise.
SPECIAL WARRANTY DEED FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 1
EXECUTED this 1 - 7 day of U n-) F , 2002.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the J7 16 day of
R , , 2002 by W.B. SNEAD, President of TEXAS
USHED STONE COMPANY, a Texas corporation, on behalf of said
orporation.
GRANTEES ADDRESS:
CITY OF ROUND ROCK
309 EAST MAIN
ROUND ROCK, TEXAS 78664
PREPARED IN THE LAW OFFICE OF:
W.H. Connor
624 South Austin Ave.
Georgetown, Texas 78628
After recording return to:
Christine R. Martinez
City Secretary
City of Round Rock
221 E. Main Street
Round Rock, Texas 78644
TXCRUSHED.WDE WPBC#I 17 (02034) 6172002-DRAFT
TEXAS CRUSHED STONE COMPANY
By:
W.B.SNEAD, PRESIDENT
SPECIAL WARRANTY DEED FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 2
99■ T1
8 131,01- ♦S
CITY Of ROUND ROCK
100' RAT -0F -WAY R PxSOCTt
VAL Oft, 7 . W
y
z
NOTES:
1) 0115 SURVEY TM IRVI45 81114u1 TIE PEACE IT OF A TITLE
COY1114NT 2100 IS 11AJECT TO TK STATE OF FACTS TKAT of WT
COMIC 10 AMITIOWL SESEMICTI 077tH TWA AS 91001 • IUS
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TEXAS C R U S H E D STONE C O M P A N Y
VOL. 4 2 7 PG. 4 1
EXHIBIT # A
PAGE # 3
INTERSTATE SURVEYING. INC.
Pretsssio.1 Surveying 9
4 Mspplog S*r.ioes
33740 s
zny MM m41 r.-4 (03) 078"3(26
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RI417-0r -VAT TAIDCIT
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LC.RA.
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V01. ink Pg. VI
LEGEND
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91005 CCM ••••••
M. DA PCN
NM
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VOL Me PC ax 1464 1
VOL WA 071
CITY OF ROUND ROCK
Vd. 659 Pq. 56
13.00 Acres
0
O.
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SKETCH TO ACCOMPANY DESCRIPTION
OF A PROPOSED 1.692 ACRE TRACT (PARCEL 'A7
OUT OF A PORTION OF 1NAT 2023.26 ACRE TRACT CONVEYED
TO TEXAS CRUSHED STONE COMPANY
VOLUME 660. PACE 634 TRACT 1, MMIIAMSON COUNTY. TEXAS.
RI kb. • 711 FCC F. 11RS11CVI. A...n 1 TIR•WM RV.
9
LEGEND
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ICE IDICE
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o `
. . RECORDERS
MEMOR/A
All or parts of the text on this page Was not
r clearly legible for satisfactory recordation. F
00
—
CRY Or ROUND ROCK
Dos. 99542045
10.619 Aar•
Distant
50.00'
9*arin
N17 44'09'W
4.1
Lt
L2
S06'46'46'W
54.95
TEXAS C R U S H E D
STONE C O M P A N Y
V OL.160. P0.1*s, TRACT
0 0 2/. 2 1 Aar ..
CITY
OF
ROUND ROCK
1 11 R_ 1 WTYIFCT Nn .• 118 -30.16
• PARCELS "A" & "B"
PARCEL "A"
DESCRIPTION
FN NO 761
MAY 6, 2002
JOB NO. 118 -30.06
OF TWO TRACTS OR PARCELS OF LAND OUT OF AND PART OF THE EPHRIAM EVANS LEAGUE,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF
THAT 2023.28 ACRE TRACT IDENTIFIED AS TRACT I, CONVEYED TO TEXAS CRUSHED STONE
COMPANY BY DEED RECORDED AS VOLUME 880, PAGE 638, OF RECORD IN THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS; THE SAID PARCELS "A" & "B" BEING ADJACENT TO
TWO TRACTS OR PARCELS OF LAND CONVEYED TO THE CITY OF ROUND ROCK (13.00 ACRE
TRACT BY VOLUME 853, PAGE 56 AND 10.813 ACRE TRACT BY DOCUMENT #9542045) OF RECORD
IN THE SAID OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ''A inch iron rod with a plastic surveyor's cap found for the northeast comer of a tract of land conveyed
to the City of Round Rock in said Volume 853, Page 56 of the Official Records of Williamson County, Texas, said found
iron rod being also in the west line/right -of -way of lands of Georgetown Railroad Company as conveyed in Volume 429,
Page 179 in the said Official Records of Williamson County, Texas;
THENCE, along the north line of said lands of the City of Round Rock S72°15'51 "W, and continuing along the north line
of another tract conveyed to the said City of Round Rock in said Document #9542045 of the said Official Records of
Williamson County, Texas, for a total distance of 1637.21 feet to a cotton spindle found for the northwest comer of said
second tract conveyed to the City of Round Rock (Document !19542045);
THENCE, leaving the north line of said lands of the City of Round Rock and proceeding, across said 2023.28 acre tract
the following three (3) courses and distances:
1) N17 °44'09 "W, 50.00 feet to a 14" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
northwest corner of the herein described Parcel "A ";
2) 1772 °15'51 "E, 1660.01 feet to a 'h" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
northeast corner of the herein described Parcel "A ", said'' 'A" iron rod set being in the said west line/right-of-way of
lands of Georgetown Railroad Company, said ;" iron rod set also being located S06 °44'46 "W, 365.61 feet along
said west line/right-of-way of lands of Georgetown Railroad Company from a bent ' '1," iron rod found for the
northeast comer of the said 2023.28 Acre tract;
3) S06 °46'46 "W, 54.95 feet to the POINT OF BEGINNING, containing 82,430 Square Feet (1.892 Ac,) of land
area, more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying,
Inc., drawing file "11830EX3.dwg ".
PARCEL "B"
BEGINNING at a 'A inch iron rod set with a plastic surveyor's cap set (Interstate Surveying, Inc.) for the southeast corner
of a tract of land conveyed to the City of Round Rock in said Document #9542045 of the Official Records of Williamson
County, Texas, said 14" iron rod set being also in the west line/right-of- -way of lands of Georgetown Railroad Company as
conveyed in Volume 429, Page 179 in the said Official Records of Williamson County, Texas and being located
S06 °44' 15 "W 54.94 feet along the east line of said lands of the City of Round Rock and the said west line/right-of-way of
lands of Georgetown Railroad Company from a capped'' 14" iron rod found at the southeast corner of the first tract conveyed
to the said City of Round Rock (Volume 853, Page 56);
THENCE, S06 °44' 15 "W 12.24 feet along the east Tine of said lands of Texas Crushed Stone Company (Volume 880,
Page 638) and the said west line/right-of-way of lands of Georgetown Railroad Company, to a calculated angle point in the
said common line between lands of Texas Crushed Stone Company and lands of Georgetown Railroad Company, said
calculated angle point being located S70°34'52 "E, 11.40 feet from a' '4" iron rod found in concrete for another angle point
in said common line of same;
EXHIBIT # A
PAGE # .
PARCELS "A" & "B"
PAGE TWO
FN NO 761
MAY 6,2002
JOB NO. 118 -30.06
THENCE, leaving the said common line of said lands of Georgetown Railroad Company and lands of Texas Crushed
Stone Company and proceeding, across said 2023.28 acre tract the following three (3) courses and distances:
1) S06 °44'15 "W, 42.70 feet to a ''A" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
southeast corner of the herein described Parcel "B";
2) S72 °15'03 "W, 1294.96 feet to a Va" iron rod set with a plastic surveyors cap (interstate Surveying, Inc.) for the
southwest corner of the herein described Parcel "B ";
3) N17 °44'09 "W, 50.00 feet to a capped W' iron rod found for the southwest corner of the second tract of land
conveyed to the said City of Round Rock (Document #9542045), and being the northwest comer of the herein
described Parcel "B ";
THENCE, N72 ° 15'03 "E, 1317.72 feet along the south line of said lands of the City of Round Rock and a north line of
said lands of Texas Crushed Stone Company to the POINT OF BEGINNING, containing 65,312 Square Feet (1.499
Ac,) of land area, more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate
Surveying, Inc., drawing file "11830EX4.dwg ".
STATE OF TEXAS
COUNTY OF WILLIAMSON §
THAT I, BLAINE J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY
THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON
THE GROUND UNDER MY DIRECTION AND SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 6th DAY OF MAY, 2002
A.D.
BLAINE J.'fv1II LER R.P.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas 78750
(FN 731- OO\FN - 76t)
KNOW ALL BY THESE PRESENTS
EXHIBIT# ,.. .,.u
PAGE # .
1.689 ACRE TRACT
DESCRIPTION
FN NO 765
JUNE 4, 2002
JOB NO. 118 -30.06
OF A 73,575 SQ. FT. (1.689 ACRE) TRACT OR PARCEL OF LAND OUT OF AND PART OF THE
EPHRIAM EVANS LEAGUE, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF THAT 2023.28 ACRE TRACT IDENTIFIED AS TRACT 1, CONVEYED TO TEXAS
CRUSHED STONE COMPANY BY DEED RECORDED AS VOLUME 880, PAGE 638, OF RECORD IN THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THE HEREIN DESCRIBED 1.689 ACRE
TRACT BEING ADJACENT TO A TRACT OF 1.892 ACRES OF LAND INTENDED TO BE CONVEYED TO
THE CITY OF ROUND ROCK (PARCEL "A", FIELDNOTE No 761, INTERSTATE SURVEYING, INC.) BY
SAID TEXAS CRUSHED STONE COMPANY AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a ' inch iron rod with a plastic surveyor's cap found for the northeast corner of a tract of land
conveyed to the City of Round Rock in said Volume 853, Page 56 of the Official Records of Williamson County, Texas,
said found iron rod being also in the west line/right -of -way of lands of Georgetown Railroad Company as conveyed in
Volume 429, Page 179 in the said Official Records of Williamson County, Texas;
THENCE, along the east line of the said 1.892 Acre tract (Parcel "A ") intended to be conveyed to the City of Round
Rock, N06 °46'46 "E, 54.95 feet by said Texas Crushed Stone Company and in the said west line/right -of -way of lands of
Georgetown Railroad Company to a'A" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
northeast comer of the said 1.892 Acre tract (Parcel "A ") and the POINT OF BEGINNING of the herein described
1.689 acre tract;
THENCE, along the north line of said 1.892 Acre tract (Parcel "A ") S72 °15'51 "W, 490.30 feet to a 'A" iron rod set with
a plastic surveyors cap (Interstate Surveying, Inc.) for the southwest corner of the herein described 1.689 Acre tract;
THENCE, leaving the north line of said 1.892 Acre tract (Parcel "A ") and proceeding, across said Texas Crushed Stone
Company 2023.28 acre tract the following three (3) courses and distances:
1) N06 °46'46"E, 153.74 feet to a ,4" iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
northwest corner of the herein described 1.689 Acre tract;
2) N69°55'51 "E, 500.00 feet to a 'W' iron rod set with a plastic surveyors cap (Interstate Surveying, Inc.) for the
northeast comer of the herein described 1.689 Acre tract, said Y" iron rod set being in the said west line/right -of-
way of lands of Georgetown Railroad Company, said ''A" iron rod set also being located S06°44 '46"W, 189.50 feet
along said west line/right -of-way of lands of Georgetown Railroad Company from a bent ''A" iron rod found for the
northeast corner of the said 2023.28 Acre tract;
3) S06 °46'46 "W, 176.11 feet to the POINT OF BEGINNING, containing 73,575 Square Feet (1.689 Ac.) of land
area, more or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying,
Inc., drawing file "I 1830EX5.dwg ".
STATE OF TEXAS
COUNTY OF WILLIAMSON §
. d44
BLAINE E J. MILLER,
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas 78750
KNOW ALL BY THESE PRESENTS
THAT I, BLAINE J. MILLER A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY
THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON
THE GROUND UNDER MY DIRECTION AND SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 4th DAY OF JUNE, 2002
A.D.
(FN 751- 8001FN -765)
EXHIBIT #
PAGE # 5 ,
ITS:,
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SKETCH TO ACCOMPANY DESCRIPTION
OF A PROPOSED 1.490 ACRE TRACT (TRACT b')
OUT OF A PORTION OF THAT 2023.28 ACRE TRACT CONVEYED
TO TEXAS (BUSIED STOW COMPANY
VOLUTE 66q PAGE 638, TRACT 1, MRIJAMSON COUNTY, TEXAS.
CITY
OF
ROUND ROCK
DATE: 05/03/021 DIR: F:/ISI/11830 FN No.: 761 I FILE: 11830EX4.dwg I DRAWN BY: LM.R. I PROJECT No.: 118 -30.06
CITY OP ROUND ROCK
l oo . RIONT O - R0,T k EASEMENT
Vol. 636 Pg. 64
NOTES:
R)
- — — -EXHIBI
PAGE # b
THIS SURVEY DAS PREMED RI501T THE sac, IT GF A TITLE
COYITIF.NT AND IS SOJECT TO TE STATE CF FACTS THAT Nay MY
CONTAIN ID ADDITIONS RESEARCH OTTER THAN AS SHIM , WAS
PERFDRYm BY INTERSTATE 0RKT1140. INC.
125 6EMIN6 OASIS FOR DE SUDSY IKO6WTI01 SWAN KREON
IS BASED ON IDS SURVEY IMEDITS 51200 ON-SITE. (NM 61 8 IFP (2)
a meta. 201TAL CU
AND VORTICAL DAIW ME AS PINVIDED 6Y P, DRESSER,
INTERSTATE SURVEYING. INC.
PTofaacoo.i Surveying
•
& Mapping Service.
43740 tin 0.7 1611 sm, L -4 (NMF) 219 -5566
INEtm Tsaa 70750 FIX 215
DATE: 06 /03/02 I DIR: F: /ISI/11830
FN No.: 765
r
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C U 8
2 Oap2 5 a e r4N
4 R
r
0 50 100 150 200
1" =100
SKETCH TO ACCOMPANY DESCRIPTION
OF A PROPOSED 1.689 ACRE TRACT
OUT OF A PORTION OF THAT 2023.28 ACRE TRACT CONVEYED
ED TEXAS CRUSHED STONE COMPANY
VOLUME 880. PAGE 638. TRACT I, MIWAMSON COUNTY. TEXAS.
RO
FILE: 11830EX5.dwg I DRAWN BY: L.M.R. 1
9eoAnq
506'46 46'W
Nn
L1
L2
L3
N06'46'46 t
506'46'46 "W
Distance
176.11'
153.74'
54.95'
oamm
(Ix00
LEGEND
0030 RECORD INFCRMATICN
VOL 651 PG 56
MOM 0FD1ed5O1
ea_ 657. P0. a4
(07X) RECORD 6VFCRMATION
DOC 0567018
p0Sq RECORD REFORMATION
Wt. 665 PG 636 Traci.
RECORD 01FORMATICN
VOL. 576 PG 571
CITY O r ROUND ROCK
■ A T E R T R E A T M E N T r A C I L I T
CITY OF ROUND ROCK
Vd. 653 P. 56
13.00 Aare.
• 1/2' RCN ROD KUNO
.7 1/2 IRON ROD SET
Q CAPPED IRON ROO FOUND
• 605 NAIL FOUND
D COTTON SPINDLE FOUND
• D195 N CONCRETE (CONTROL MO
D CALCULATED POINT
(UNLESS 010IERMISE NOTED)
056-PR. WWAMSON COUNTY REAL
PROPERTY RECORDS
W.CP TMWIL501 COUNTY PLAT RECOt:
P.50. PUBLIC UTUTY EASEMENT
D.E. DRAINAGE EASEMENT
B.L BULDINC SETBACK UNE
Qc METAL q.EC um. TDMER
0.8 STREET UCNT
pj POMER POLE
I, DONN OUT
-Al— EDGE CF PAVEMENT
TA7CO FENCE
CRAN LNK FENCE
—M-6- MIRE FENCE
-au- OVER READ U71UIY UNE
CITY
OF
UND ROCK
PROJECT No.: 118 -30.06
30 q � �r1cz
VLo Igo &q
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
etiRGiQK
O6 -2B- 20009:12 AM 2002040909
ANDERSON $25.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
WATER LINE EASEMENT
- 200204890 8 Pes
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON S
That Texas Crushed Stone Company, a Texas corporation, herein
called Grantor, for a good and valuable consideration paid by the
City of Round Rock, a home rule city of the State of Texas, herein
called Grantee, receipt of which is hereby acknowledged, does
hereby Grant, Sell and Convey unto Grantee as easement and right -
of -way in and under the following described property in Williamson
County, Texas, to -wit:
See Exhibit "A" which is attached hereto and made a part
hereof for all intents and 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, and to
rights of third persons under documents of record in the office of
the County Clerk of Williamson County, Texas, to the extent , and
only to the extent, that the same may still be in force and effect.
Grantor hereby binds itself and its successors to warrant and
forever defend the above described right -of -way easement unto
Grantee, its successors and assigns, subject as aforesaid, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof, by through and under it but not otherwise.
The right -of way easement, rights, and privileges hereby
granted shall be used solely for the purpose of placing,
constructing operating, repairing, maintaining, rebuilding,
replacing, relocating, and removing one (1) potable water
transmission pipeline with all necessary conduits, casing, valves,
manholes, ventilators and appurtenances. Except as otherwise
stated, the right -of -way easement and other rights and privileges
hereby granted shall be perpetual; provided, however, the right of
way easement and all other privileges hereby granted shall
automatically cease, terminate and revert to Grantor, its
successors and assigns, in the event said pipeline is abandoned or
shall cease to be used for a period of five (5) consecutive years.
Grantor covenants that it will not convey any other easement
or conflicting rights in and under the hereinabove described strip
of land consisting of the herein described easement to any third
party without the express written consent of Grantee, which consent
shall not be unreasonably withheld. In this regard, Grantee shall
have the right to review any proposed easement or conflicting use
of right -of -way easement to determine the effect, if any, on the
water line contemplated herein. Prior to granting its consent for
WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 1
the other easements, Grantee may require reasonable safeguards to
protect the integrity of the water line.
In connection with and for the duration of the right -of -way
easement hereby granted, Grantee shall also have and enjoy the
following rights:
(a) the right to grade the above described strip of land for
the full width thereof;
(b) The right of ingress to and egress from said easement by
means of existing or future roads on Grantor's property
as shall occasion the least practicable damage and
inconvenience to Grantor; the foregoing right of ingress
and egress applies during the period of construction as
well as otherwise, but shall be limited to the above
state purposes of this easement.
(c) the right from time to time to trim and to cut down and
clear away any and all trees immediately adjacent to
either side of the strip which now or hereafter in the
reasonable opinion of Grantee may be a hazard to the
pipeline and appurtenances by reason of the danger of
falling thereon, or which may interfere with the exercise
of Grantee's rights hereunder; provided that Grantee
shall properly remove and dispose of such brush and trees
at Grantee's expense;
(d) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
strip; provided that Grantee shall provide and use locks
on such gates and shall furnish Grantor a key to each
lock;
(e) the right to mark the location of the right -of -way
easement by suitable markers set in the ground; provided
that such markers shall be placed in fences or other
locations which will not interfere with any reasonable
use Grantor shall make of the strip.
Grantee hereby covenants and agrees as follows:
(a) Grantee shall not fence the strip;
(b) Grantee shall promptly backfill any trench made by it on
the strip, clean up and remove boulders and properly
dispose of any debris upon completion of operations for
construction, repair, or replacement, and repair any
damage it shall do to Grantor's roads or lanes;
(c) Grantee shall defend, indemnify and hold harmless Grantor
from and against all claims, losses, judgments and
WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 2
liabilities for or on account of property damages,
personal injuries or death arising out of or in
connection with the exercise of the rights and privileges
hereby granted;
(d) Grantee's rights of use of the above described strip and
rights of ingress and egress are strictly limited to the
purposes herein provided and shall not include any right
to enter upon, or to conduct surveys, investigations or
inspections of or on, any property of Grantor; and
Grantee convents and agrees that it will not permit or
allow any officer or employee of Grantee, or any third
person, access to the above described strip or to conduct
any activity thereon, except only for the use and
purposes stated herein and as expressly authorized
herein.
Grantor hereby retains and reserves the right to construct
road, parking lot, railroad track and spur crossings over the above
described strip; and in the event Grantee requires any casings or
supports to be installed or constructed for the protection of its
water line, Grantee agrees to pay all costs of protecting the water
line for the first three (3) such crossings, and for each crossing
constructed after the first three (3) Grantor shall bear the costs
of any required protection (provided that Grantor shall not be
required to provide greater protection that provided of the first
three (3) crossings. For purposes of the preceding sentence, a
crossing consists of one road, parking lot, track or spur at an
angle of no less that ten (10) degrees. Grantor also retains and
reserves, and shall continue to enjoy, the surface of such strip of
land for any and all purposes which do not interfere with and
prevent the use by Grantee of the above described right -of -way
easement (including, without limitation, the right to build and use
the surface of said strip of land for drainage ditches and
driveways, alleys, walks, gardens, lawns, and other similar uses
and or to dedicate all or any portion of the strip to any city or
county for use as a public street, road or alley) , provided Grantor
shall not erect or construct any building or other structure, or
drill or operate any well, or construct any reservoir or other
obstruction on the strip, or substantially diminish or add to the
ground cover over the pipeline. Before constructing any crossing
or improvements on the strip, Grantee shall give Grantor at least
ten (10) days advance notice of the general plans of the crossing
or improvement to be constructed on the strip.
In connection with the construction of the contemplated water
pipeline hereunder, Grantee shall have the right to use as a
temporary work area up to a fifty foot (50') wide strip of land
immediately adjoining the southerly and easterly boundary of the
strip of land described in Exhibit A hereto; provided, however, all
rights of grantee to use said temporary work area shall terminate
automatically upon completion of the construction of said raw water
WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE 3
pipeline.
EXECUTED this
CHRISTINE R. MMRTINEZ
MY COMMISSION EXPIRES
- s;f
August 28,2005
WATERLIN.EAS WPBCJII7 (02W4)
2 -O - Dlo -l3 -1149
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
KYRA 0. GIODENS
JI, Notary Public, State of Texas
M CommadonEXOires
Z o,. MARCH 24, 2003
day of
TEXAS CRUSHED STONE COMPANY
By:
CITY OF ROUND ROCK
, 2002.
W.B. Snead, President
This instrument was acknowledged before me this /J day of
, 2002, by Kyle Maxwell, Mayor of the City of Round
R k, Williamson County, Texas, on behalf of said city.
Notary Public, §tate of T xas
Printed name: 2l5rWu6 K. MRETMA Z
My Commission Expires: 8- a8-n-
This instrument was acknowledged before me this I,_' day of
, 2002, by W.B. Snead, President of Texas Crushed
tone Company, a Texas corporation, on behalf of said corporation.
Noa ,Public, St. of Texas
Printe• name:
WATER LINE EASEMENT FROM TEXAS CRUSHED STONE COMPANY TO THE CITY OF ROUND ROCK PAGE
TCS Waterline
Page 1 of 2
DESCRIPTION
FOR A 1.444 AC WATERLINE EASEMENT OUT OF THE JOHN
POWELL SURVEY, ABSTRACT NO. 491, AND THE EPHRIAM
EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY,
TEXAS, SAID EASEMENT BEING A PORTION OF THAT CALLED
35.23 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED
STONE BY DEED RECORDED IN VOLUME 880, PAGE. 640 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING FOR REFERENCE at a concrete monument found on the east line of
said 35.23 Acre tract, same being the west right -of -way line of 111-35, said point being
located along a curve to the left, having a radius of 1095.90 feet, a central angle of
02 °56'34 ", an arc distance of 56.29 feet, and a chord which bears S 34 °45'27" W for a
distance of 56.28, from the northeast corner of said 35.23 Acre tract ;
THENCE with the east line of said 35.23 Acre tract, and said west right -of -way line,
along the arc of a curve to the left, having a radius of 766.20 feet, a central angle of
04 °02'01" an arc distance of 53.94 feet, and a chord which bears S 34 ° 11'32" W for a
distance of 53.93 feet to the northeast corner and POINT OF BEGINNING hereof;
THENCE continuing with said line., along the arc of a curve to the left, having a radius
of 766.20 feet, a central angle of 02 °41'34 ", an arc distance of 36.01 feet, and a chord
which bears S 30 °49'44" W for a distance of 36.01 feet to an angle point hereof;
THENCE departing said line, through the interior of said 35.23 Acre tract, the following
four (4) courses and distances:
1) S 87 °15'25" W a distance of 778.14 feet to an angle point hereof,
2) S 09 °48'25" W a distance of 511.75 feet to an angle point hereof,
3) S 54 °48'25" W a distance of 39.44 feet to an angle point hereof, and
4) S 07 °33'21" E a distance of 1048.65 feet to a point on the south line of said 35.23
Acre tract, same being the north line of that called 7.97 Acre tract of land
conveyed to Teco Westinghouse Motor Co., by deed recorded in Volume 537,
Page 93 of the Deed Records of said County, for the most southeasterly comer
hereof;
THENCE with the south line hereof, same being the south line of said 35.23 Acre tract,
and the north line of said 7.97 Acre tract, S 72 °13'32" W a distance of 55.25 feet to a
point for the southwest corner of said 35.23 Acre tract and the northwest comer of said
7.97 Acre tract, said point also being on the east line of the Georgetown Railroad, as
EXHIBIT #
PAGEr # 1 ,
TCS Waterline
Page 2 of 2
point for the southwest corner of said 35.23 Acre tract and the northwest corner of said
7.97 Acre tract, said point also being on the east line of the Georgetown Railroad, as
described by deed recorded in Volume 475, Page 41 of the deed records of said county,
and the most southwesterly corner hereof;
THENCE with the west line of said 35.23 Acre tract, same being the east line of the
Georgetown Railroad, N 06 °39'18" E a distance of 43.65 feet to an angle point hereof ;
THENCE departing said line, through the interior of said 35.23 Acre tract, the following
five (5) courses and distances:
1) S 82 °53'30" E a distance of 30.62 feet to an angle point hereof,
2) N 07 °33'21" E a distance of 1050.78 feet to an angle point hereof,
3) N 54 °48'25" E a distance of 26.52 feet to an angle point hereof,
4) N 09 °48'25" E a distance of 523.38 feet to an angle point hereof, and
5) N 87 °15'25" E a distance of 822.11 feet to the POINT OF BEGINNING and
containing 1.444 Acres of land more or less.
All bearings are grid bearings based on the Texas State Plane Coordinate System, Central
Zone, NAD83, per GPS Survey Performed in July, 201 1
BAKER - AICKLEN & ASSOCIATES, INC
203 E. Main Street, Suite 201
Round Rock, TX 78664
W:\PROJECTS\HDR \Water Improv\Doc \TCS- ESMT.doc
285 -71620
awrence A. Hunt
R.P.L.S. #J}328
/1 06
o/
EXHIBIT* Q ,
PAGE # 2
76UM660
DELTA
CHORD BEARING
040165
ARC LENGTH
CHORD LENGTH
CI
02'56'34'
5 54•45'27' W
1095.90
56.29
56.20
22
04.02'07
5 34.1152' W
766.20
53.94
55.93
C3
02.41'34'
S 30'49'44' W
76620
36.01
36.01
C4
69•5211'
6 05 E
766.20
934.35
877.52
25
38'13'54'
4 21.13'07' E
1095.
731.90
718.37
TECO WESTINHOUSE
MOTOR CO.
537/93
7.97 AC
D.R.W.C.T.
0
GEORGETOWN RAILROAD
475/41
•' =TEMPORARY •DMI DACE E S Nix v
Lawrence 4. Hunt, R.P.L5. 04328
203 E. Main, Suite 201
Round Rock, T% 78664
SKETCH TO ACCOMPANY DESCRIPTION
TEXAS CRUSHED STONE
880/640
35.23 AC
D.R.W.C.T.
to
Ow/
IH -35
\
\
BEGINNING FOR REFERENCE
BY: C.C.W.
JOB No.; 285- 716 -20
LEGEND
( ) • RECORD INFORMATION
• • 1/2 IRON ROD FOUND
■ = CONCRETE MONUMENT FOUND
NUMBER
11
L2
L3
L•
L5
BEARING
$ 54 W
3 72 W
N 06•39'18' E
9 92 E
N 54.40'25' E
DISTANCE
39.44'
55.25'
4 3.65'
30.62'
26.52'
TEXAS CRUSHED STONE
427/615
93.65 AC
EXHIBIT 'A'
� B■ker- Alckl■n
8 Assoclstes, Mo.
Enyln•en /Surveyors
File; W: \ PROJECTS\ 9 09 \WESTINGHOUSE\ DWG \TCS- ESMTAWC
�Y�c e�s �! 1�19da��L2C
FILED AO RECORDED
OFFICIAL PUBLIC RECORDS
06 -28 -2002` 09:12 AN 2002048910
ANDERSON $23.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
PIPELINE LICENSE AGREEMENT
This Pipeline License Agreement (the "License ") is made
and entered into effective the date last executed herein be-
low, by and between Georgetown Railroad Company, a Texas cor-
poration ( "GRR "), as licensor, and the City of Round Rock,
Texas ( "Round Rock "), as licensee.
W I T N E S S E T H:
WHEREAS, the City of Round Rock desires to construct a
forty -eight (48) inch pipeline, with a sixty (60) inch steel
incasement, for the transportation of water (the "Pipeline "),
which Pipeline will cross under the tracks of GRR; and
WHEREAS, GRR wishes to grant to the City of Round Rock
a license to construct and maintain the Pipeline;
NOW THEREFORE, the parties hereby agree as follows:
Article I
License Granted; Term; Consideration
2002048911 9 1=. e5
For and in consideration of the mutual covenants and
contracts herein contained, GRR hereby grants to Round Rock
l3 /yG
a license to construct and maintain the Pipeline to cross under
GRR's main line track and side track, 1581 feet north of
Mile Post 5 and 1,094 feet south of the former common boundary
line between Texas Crushed Stone Company and Westinghouse
Electric Corporation, Williamson County, Texas and further
described in Exhibit "A" attached hereto and incorporated
herein for all pertinent purposes, on the terms and conditions
described herein below. This License shall be effective
from and after the date fully executed, and shall terminate
at such time as the Pipeline is no longer used by the
City of Round Rock for the use provided hereinabove.
Article II
Pipeline Location
The Pipeline shall be located as described in Article
I hereof. The Pipeline, when installed by Licensee, shall
be installed so that the upper surface of the Pipe is at
least five and one -half (5k) feet below the bottom of the
rail thereover, or at such lower depth which may be necessary
to provide adequate support for the rail. Installation shall
be made in conformity with the engineering profile contained
in Exhibit "A" hereto.
-2-
Article III
Responsibilities of Round Rock.
3.1. Installation and Maintenance ;'Removal of Pipe
Round Rock shall install or cause to be installed the
Pipeline at the location provided•in Article T hereinabove.
The Pipeline shall be installed safely and in a good workman-
like.manner,_and during the construction, Round Rock or its
contractor involved'in the construction shall secure a policy:
of Owner's and Contractor's Protective Liability Insurance
with limits of-liability of at least $2,000,000.00, naming
GRR as the named insured and loss payee. Round Rock agrees
to provide satisfactory evidence of such insurance coverage
prior to beginning construction of the Pipeline. During the
term of the License, Round Rock agrees that it will properly
maintain the Pipeline and will take any and all.actions and
expend any and all funds which may be required to maintain
the Pipeline. Round Rock .further agrees that the construction,
maintenance, and operation of the Pipeline will comply with
all applicable State,•Federal and local laws, rules or regula-
tions, and upon any notification by any person that the Pipeline
is not incompliance with such laws, rules and regulations,
Round Rock agrees to take prompt action to bring the Pipeline
into such compliance.. In the event that Round Rock fails to
properly maintain the Pipeline or to take any action required
-3-
to bring the Pipeline into conformance with all applicable
laws, rules or regulations, the GRA; after 10 days notice
to Round Rock, may take any such action as may be reasonably
necessary to render the Pipeline safe for railroad operations
or in compliance with applicable laws, rules and regulations,
and Round Rock agrees that in the event-GRR takes such action,'
Round Rock shall, with twenty (20) days, reimburse GRR for
. the actual cost of labor performed by or on behalf of'GRR,
including wages of foremen, plus 10% to cover supervision and
accounting, plus vacation allowances, paid holidays and health
and welfare benefit payments applicable to such labor, GRR's
cost price of all materials f.o.b. GRR's rails plus 10% to
.cover handling and accounting, plus freight - at 'tariff to point
.of use, and excise taxes applicable to said labor and materials
Upon termination of this License, Round.Rock shall take prompt
action, to remove the 'pipe and all associated materials and re-
, pair any damage to GRR's property which may be caused by such
removal. Such removal shall be undertaken by Round.Rock with-
out any demand from GRR,. but shall in any event commence.within
thirty.(30) days after. termination of this License and written
demand for removal made by GRR.
3.2. Indemnification and Hold Harmless
During the term of this License,' Round Rock agrees'to
-4-
indemnify GRR and hold it harmless from any suits, claims,
costs, loss or damage which may accrue to GRR, Round Rock or
third parties, from the operation of the Pipeline arising out
of, or occasioned by, the negligent acts of Round Rock or its
employees or agents. The loss or damage for which Round Rock
shall indemnify GRR and hold it harmless shall specifically
include, but not be limited to, the following: (a) damage to or
destruction of railroad track and track bed, railroad cars and
engines, or to the Pipeline; (b) personal injury to or damage to
property, owned, leased or operated by (i) GRR employees or
agents, (ii) Round Rock employees, agents or contractors, or
(iii) any third parties; and (c) economic loss to any party
caused by damage to or destruction of the Pipeline or the inter-
ruption of Pipeline service, caused by negligence of Round Rock,
its employees or agents. Such indemnification shall include all
actual monetary cost to GRR, including expenses and attorney's
fees.
Article IV
Representations and Warranties of Round Rock
Round Rock hereby represents and warrants,to GRR that the
construction, operation and maintenance of the Pipeline have
been properly approved by the City of Round Rock, and that
- 5 -
Round Rock has been authorized byy resolution, or if required
by its Charter, by ordinance, to enter into this Pipeline
License Agreement, that the, resolution or ordinance has not
been repealed and -is'in effect at date of execution hereof,
and that this License Agreement is enforceable against Round
Rock in accordance with its terms. Round Rock ,further warrants
and represents that the city officer executing:this License
has been duly - authorized to execute the same on behalf.of,.and
as the act and deed of-, "the City of Round Rock.
Article V
Assignment
The License hereby granted by GRR to Round' Rock is personal
to_ the grantee hereof; and Round Rock shall have no right to
assign this.License without the express prior written consent
of GRR. GRR's rights hereunder shall be freely assignable.
-6-
:
Article VI
Notice
Any notice required or permitted hereunder shall be per-
sonally delivered or sent by registered or certified mail, re-
turn receipt requested to the addressee at the address listed
below, and such notice shall be effective on the date of de-
livery, or date of mailing.
Round Rock City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Georgetown Railroad Company
EXECUTED on the date indicated below:
R- o.2- ac- /3 - /4G' Q �
ATTEST: (�n-•CJrI /flItBY:
c�Ty s E i ev
/31
ATTEST: .
- l7 2-GO7
-7-
(Title)
Georgetown Railroad Company
P.O. Box 529
Georgetown, Texas 78627
City of Round Rock
(Title) NyL.E MAXWELL
Georgetown Railroad Company IIIIP
BY: / . 4"
Chairman of the Board
STEEL CASING WALL
THICKNESS CHART
MINIEw
THICKNESS
DIAMETER OF
CASINO PIPE
.2500'
I/4'
W
J• :l.�^jy
L'OOObOO
1
.3125'
5/16'
.3750•
3/1'
.4375
7116
.5000•
I IV
.5025
9/16'
.6250'
5/8'
OVER 48 se/ST BE
APPROVED
B7 R. R. CO.
NOTE:
THIS CHART 15 051'1
FOR 5130TH STEEL CASING
PIPES WITH 0101111 YIELD
STRENGTH OF 35.000 P51.
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
t� a %
At
,Fab, 714 e
NO SCALE
FT.
- -- - .FT
1 s1X 4075 1 1 S1
FT
10800 7x11 011001101 T 1.110 IN ILL, DISTANCE
AT LC CATIONS LOT 151118 1[571015. 015TAIKE
RIPS M TO • LEGAL WISP LINE IS 5tOUINE01
YHL 01111
4S. N011 01.
•
__a FT
1CASING LONGTN MEN 11ASLME0 ALONG PI /(LINE )
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES•�NO;
B1 IF YES, NAME OF STREET
C) DISTRIBUTION LINE OR TRANSMISSION LINE X
01 CARRIER PIPE :
COLIA001 TY TO BE CONVEY 0 TREATED LJA ( 012
WALL TH1CKNE55V� T ;DIAMETER 78 /N MATERIAL rI
E) CASING PIPE :
WALL THICKNESSA/S /N • DIAMETERGD/w ;MATERIAL S77CEj •
NOTE: CASING MUST HAVE 2 CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE ANO INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMEN510N5, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
F) METHOD OF INSTALLING CASING PIPE UNDER TRACKIS):
X DRY BORE AND JACK IWET BORE NOT PERMITTED);
_ TUNNEL ; OTHER
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? J( YES;_N0;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING Ay0
JACKING PITS WHEN MEASURED AT RIGHT ANGLES tp TRACK tO M(N
1) APPLICANT HAS CONTACTED GEOR( 7 OAJnJ I3a' MINI
AND HAS OETERMINEO FIBER
OPTIC CABLE .= DOES ;...{DOES NOT ; EXIST IN VICINITY OF
WORK TO BE PERFORMED.
RECORDERS MEM RAND DUM i
All or parts of the text on this page was not
clearly Legible for satisfactory recordation.
APPLICATION FOR ENCASED
e� / NON- FLAMMABLE PIPELINE CROSSING
718 fT• - FT 9 4 l7 36 FT
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO EXPEDITE THIS APPLICATION.
FT
= FT -�
0
ISEE NOTE S S SI" •
!13!850 o0EEOSSINCI
I NEAREST R. 11. Law A. i
4 ? ` SUITCy P.23/A2T
I KKR ISE 011E0 OSJECTI
111E NOTE 11
Net ALONG TRACE MON SECTION LINE CR0591007
1 f CANNIER PIPE
I0(1CRIOE 010E0 OBJECT!
1 SEE NOTE SI
i11141A0E
OIOIAO
SEWAGE
36 FT
40 FT. I
FT.
FORM OR- 0404 -8
REV. 05 -01 -90
• I � FT.
` ▪ P KERR,TR
y 1110.0(1.7 IL It 70N11 I
RIPS AIR
FORMULA TO FIGURE r2 CASING
LENGTH •1TH ANGLE OF
CROSSING OTHER THAN 90
NOTES :
11 ALL HORIZONTAL DISTANCES TO 0E MEASURED AT RIGHT ANGLES 11100 C OF TRACK, EXCEPT AS NOTED.
21 CASING TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT.,
AND BEYOND LIMIT OF RAILROAD RIGHT -OF -RAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
31 MINIIEAI OF 50• FROM THE END OF ANT RAILROAD BRIDGE. f OF ANY CULVERT, OR FROM ANY SWITCHING AREA.
41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKIALL5 OF BRIDGESrc OF ROAD CROSSINGS II OYERNEAD VIADUCTS (GIVE ROAD RANE1, OR 4 OF CULVERTS.
EXHIBIT "A"
uT• MIX. Na Ra. -r Mr wl11 l a.
115.0)IT.
11421L 21
C GE72J Gs.
Ra1V1AI..
M. P. .530 E 5 239 +32 Icc
ENCASED WATER LINE CROSSING AT
FELD, L.DILLIA/y5oki CO., - a-xAS
I KARL.. NIU"1 laANn SLIT.
5M -1 -5
FoR CITY OF.Rouuo ROCK
RR FILE NO as DATEOv APR 2Jroz
■ A R N) N G
IN ALL OCCASIONS. 4. P. CEARAMICA110NNS OVARTLENT 10E1 SC
CONTACTED IN ADVAIG8 0, A11 IOTA TO 0CT(1NIIC (0117118( Ab
LOC11101 01 T15ER OPTIC CAILL PHONE : 1 -100- 114-1113
ax
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
06- 28- 200709:12 AM 2002048911
ANDERSON $25.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ATTEST:
Secretary
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KYRA 0. GIDDENS
Notary Public, Stele of Texas
My Co omircloo Eopieto
��• 3 MARCH 24, 2003
RELEASE OF EASEMENT
Note
2002046118 3 pgs
KNOW ALL BY THESE PRESENTS;
That the Texas Crushed Stone Company, a Texas Corporation, the grantee of that certain
easement and right -of -way providing for ingress and egress and use a certain passageway
or road easement dated November 23,1982, executed by the City of Round Rock, a Texas
municipal corporation, and recorded in Vol. 902, Page 524 Deed Records of Williamson
County, Texas said easement being the following described property, to wit:
All that certain tract, piece or parcel of land, lying and being situated
in Williamson County Texas, described in EXHIBT A, attached hereto
and made a part hereof for all purposes, to which reference is here
made for more particular description of said property.
for and in consideration of the grant of substitute access and roadway easement, receipt of
which is hereby acknowledged, has abandoned, released and discharged, and by these
presents hereby abandons, releases, and discharges the above described property from any
and all easements held by the undersigned.
EXECUTED this / - day of ` ~ L 2002.
Texas Crushed Stone�Com
l�v • �I�
By:
William B. Snead President
BEFORE ME, the undersigned authority, on this day personally appeared
William B. Snead, President of Texas Crushed Stone Company, a Texas corporation, known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purpose and consideration therein
expressed, in the capacity therein stated and as the act and deed o said corporation.
Given under my hand and seal of office on his the i. , 1 _. 002.
- Ail e 0
is in and for W
mson County, Texas
ar here / 7o ACCOMPANY F/ELD � v 7E$
OF 4 /40 Wipe EA$EMEN7 •
/ v51 `m
I 1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
Haynie & KaHman. Inc.
ri"rfe
CIVIL ENOMEEnemi r
• .1J,u aao
LANo smarm
Round Rock, Texas
ExmiOi A' Jto,a -d!
Ast, P oof t
VOL 9i. M3E 5n
6 a v 5 :, ,
A :k s/bylew1 - TX 73
EXHIBIT "A"
Page 1 of 2
FIELD NOTES OF A 100 -FOOT WIDE ACCESS EASEMENT
FIELD NOTES describing a 1.6448 acre tract or parcel of land out of the
Ephriam Evans Survey, Abstract No. 212, situated in Williamson County,
Texas, being a strip of land one hundred (100) feet in width along the East
line of that certain 13.00 acre tract of land conveyed to the City of Round
Rock, Texas, by deed recorded in Volume 853, Page 56 of the Deed Records of
Williamson County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at an iron pin found in the West right -of -way line of the George-
town Railroad at the Northeast corner of said 13.00 acres, al being the
Southeast corner of that certain 0.957 acre 100 -foot wide easement granted
to the City of Round Rock by instrument recorded in Volume 853, Page 64 of
said Deed Records, for the Northeast corner and POINT OF BEGINNING of the
hereinafter described 1.6448 acre,easement;
THENCE along said West railroad right -of -way line, being the East line of
said 13.00 acres, for the East line hereof, S06'46'20 "W, 716.46 feet to an
iron pin found at'the Southeast corner.of said 13.00 acre tract, for the
Southeast corner hereof;
THENCE departing said West railroad right -of -way line, along the South line
of said 13.00 acre tract, for the South line hereof, S72'17 "W, 109.87
feet to a point for the Southwest corner hereof;
THENCE along a line being one hundred (100) feet West of and parallel to the
East line herein described, for the West line hereof, N06'46'2O "E, 716.46
feet to a point in the North line of said 13.00 acre tract, for the North-
west corner hereof;
THENCE along the North line of said 13.00 acre tract, for the North line
hereof, N72 18'E, 109.87 feet to the POINT OF BEGINNING of the herein
described easement, containing 1.6447 acres or 71,645 square feet of land
more or less.
C I 1 R
OFFICIAL PUBLIC RECORDS
06- 18- 20010:41 AM 2002046118
MILLER $13.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
(i)._
FOURTH AGREEMENT EXTENDING
INDUSTRIAL DISTRICT
RECITALS
This Fourth Agreement Extending Industrial District (" this
Agreement ") is made and dated effective this 31st day of May, 2002
by and among the City of Round Rock, Texas ( "City "), Texas Crushed
Stone ( "TCS ") and Georgetown Railroad Company, Inc. ( "GRR "), and is
as follows:
WHEREAS, heretofore, the City entered into an agreement with
the Westinghouse Electric Corporation, ( "Westinghouse Agreement ")
such agreement having been executed on the llth and 14th days of
December 1978 and recorded in Volume 744, Page 1, Deed Records,
Williamson County, Texas, and
Whereas, the Westinghouse Agreement provided, among other
things, that certain property owned by Westinghouse would be
included in the extraterritorial jurisdiction of the City, that
said property would be designated as an Industrial District
pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local
Government Code) and that the property would not be annexed by the
City prior to December 21, 1985, and
WHEREAS, TCS and GRR purchased on June 30, 1982, a portion of
the Westinghouse property, said portion of land being described in
Exhibit A, attached hereto and made a part hereof, hereinafter
referred to as "the property" and
WHEREAS, TCS, GRR AND THE City extended the aforesaid
Westinghouse Agreement by and through that one certain Contract and
Agreement Extending Industrial District ( "1985 Contract "), dated
February 14, 1985 and recorded in Volume 1162, Page 406 of the
Official Records of Williamson County, Texas, and corrected by a
Memorandum of Correction dated May 23, 1985 and recorded in Vol.
1190, Page 622 of the official Records of Williamson County, Texas,
and
WHEREAS, TCS, GRR and the City again extended the aforesaid
Westinghouse Agreement by and through that on certain Second
Contract and Agreement Extending Industrial District ( "1988
Contract "), dated May 31, 1988 and recorded in Vol. 1720, Page 289
of the Official Records of Williamson County, Texas, and
WHEREAS, TCS, GRR and the City again extended the aforesaid
Westinghouse Agreement by and through that one certain Contract and
Agreement Extending Industrial District ( "1995 Contract "), dated
May 25, 1995, and recorded as Document No. 9542043 of the Official
Records of Williamson County, Texas, and
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 1
WHEREAS TCS, GRR and the City now wish to further extend the
Industrial District status previously granted, Now Therefore,
IT IS AGREED BETWEEN THE UNDERSIGNED AS FOLLOWS:
I.
The City is in need of:
1) Five and eight one - hundredths (5.080), acres, more
or less, of land for a water treatment plant
expansion, (with provision that there shall be a
100 foot wide road way easement on the east side of
the water treatment plant property adjacent to the
GRR right of way to TCS) and
2) An easement including a temporary construction
easement for a potable water line across TCS land,
3) A license agreement for the installation of the
potable water line across the GRR right of way, and
4) An easement for roadway access to the water
treatment plant property from Interstate Highway 35
(including an agreement to widen and improve the
sight distance at the crossing of the railroad
tracks).
TCS and GRR hereby agree to convey the needed five and eight one -
hundredths (5.080), acres (more or less), the potable water
easement, the access road way easement to the City Water Treatment
Plant property and to enter into a license agreement for a potable
water line crossing the Railroad right of way.
II.
For and in consideration of the conveyance of the five and
eight one - hundredths (5.080), acres (more or less), the conveyance
of the potable water line easement, the conveyance of the new
roadway access easement to the water treatment plant, the granting
of a license agreement for the potable water line, the City hereby
grants an extension from May 31, 2002 to December 31, 2004 of the
Industrial District status previously granted Westinghouse and
extended pursuant to the 1985 Contract, the 1988 Contract and the
1995 Contract. The Industrial District status shall apply to the
property described in Exhibit A which is attached hereto and made
a part hereof as if set out in full herein. The City will further,
for the above described consideration, grant and convey the 100
foot wide road way easement next to the railroad right of way
across the Water Treatment Plant property.
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 2
Except as otherwise stated herein, TCS and GRR agree that upon
the expiration of this Agreement and when requested by the City,
they will file with the City a written petition and request for
annexation of the property described hereinabove not previously
annexed.
IV.
TCS and GRR further agree that should they develop or sell for
development all or any part of the Property, such portion developed
or sold for development shall be subject to immediate annexation
and the owner of the property shall petition the City for immediate
annexation. So long as the property is a part of the Industrial
District and being used as herein below defined, there shall be no
taxes due to the City.
It is further agreed that the owner of any portions of the
Industrial District sold for development or developed shall pay to
the City, on or before January 31 of the year following the sale or
the beginning of development, an amount which would equal the City
taxes, including but not limited to agricultural roll -back taxes
had that portion of the property been annexed into the City on the
date of the sale of the property to be developed or the date that
development was begun.
As used herein, the term "develop" shall mean putting the
property to any use except agricultural, limestone mining, railroad
transportation use and related activities.
V.
As an additional assurance to the City that the property shall
be annexed- when sold for development, developed or at the
expiration of this extension, in addition to the petition
referenced above, TCS and GRR herein request annexation by the City
in this contractual agreement, with the condition precedent to such
request that it is not to be acted upon prior to the property or
portion thereof being sold for development, or developed or prior
to December 31, 2004.
In the event, for any reason, the City determines that
additional or substitute petitions or other documents are required
to complete the contemplated annexation(s) TCS and GRR agree to
duly and promptly execute and file such petition or documents at
the request of the City, provided that such petition or documents
have terms and conditions of the same substance as this agreement.
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 3
The terms and conditions contained herein shall be deemed to
be covenants running with the land and shall be binding on the
respective legal representatives, successors and assigns of the
parties hereto, expressly including subsequent transferees of any
portion or portions of the property.
The terms and conditions contained herein shall also be
binding on the successors of the present Round Rock City Council
and shall also include any substitute or different governmental
entity that may succeed to the duties and responsibilities of the
existing City Council and under which appropriate jurisdiction is
had for the matters contained herein.
The obligations and undertakings of each of the parties to
this agreement shall be governed by and resolved in accordance with
the laws of the State of Texas, and shall be performable in
Williamson County, Texas.
If any word, phrase, clause, paragraph, sentence, part,
portion or provision of this contract or the application thereof to
any person, corporation, entity or government or circumstances
shall be held to be invalid or unconstitutional, the remainder of
the contract shall nevertheless be valid and TCS, GRR and City
hereby declare that this contract would have been entered into and
enacted with such invalid or unconstitutional word, phrase, clause,
paragraph, sentence, part, portion or provisions not included.
By:
EXECUTED in multiple originals on the dates indicated below.
Date: VU L3 / (WO
ATTEST: CITY OF ROUND ROCK
CHRISTINE R. MARTINEZ,
City Secretary
1e-0,2-0(o-13-P05
VI.
VII.
V
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 4
Date:
ATTEST: TEXAS CRUSHED STONE COMPANY
By: By:
C.W. Fraser, Secretary W.B. Snead, President
Date:
ATTEST: GEORGETOWN RAILROAD COMPANY, INC.
By: By:
C.W. Fraser, Secretary W.B. Snead,
Chairman of the Board
STATE OF TEXAS 5
5
COUNTY OF WILLIAMSON 5
This instrument was acknowledged before me this 1,3 day of
CANG , 2002, by Nyle Maxwell, Mayor of the City of Round
Rock, Williamson County, Texas.
1
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
Augusta, 2005
STATE OF TEXAS 5
5
COUNTY OF WILLIAMSON 5
d
Notary Public, State of T xas
Printed name: (j arbti,,€ inderad6z,
My Commission Expires: 8-18-OS
This instrument was acknowledged before me this day of
, 2002, by W.B. Snead, President of Texas Crushed
Stone Company, a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed name:
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PAGE 5
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this day of
, 2002, by W.B. Snead, Chairman of the Board of
Georgetown Railroad Company, Inc., a Texas railroad corporation, on
behalf of said corporation.
D+DUSraoixs wrsrnn P21034) D,.n -'u non
Notary Public, State of Texas
Printed name:
My Commission Expires:
FOURTH AGREEMENT EXTENDING INDUSTRIAL DISTRICT, BETWEEN CITY OF ROUND ROCK, TEXAS CRUSHED STONE
COMPANY AND GEORGETOWN RAILROAD COMPANY PACE 6
Description of two tracts of
land, being Tract IA consisting
of 875.68 acres and Tract IIA
consisting of 260.39 acres.
EXHIBIT "a'
Page 1 of 11
TRACT IA
Evans
pLeagueo(Abs'tracti212) and theaD. lSand ineWillias
County, Texas; said tract being a portion of the 1,036.15acre
Lamoc Corporation ntoyWesti a
nghouseElectric Corporation from
page 80, the
wasVcohve ed
deed dated BehrensctobWestinghouse Behrens and wife
Electric Corporation and recorded in the Williamson County Deed Records in Volume 540,
page 767 and being more particularly described as follows:
BEGINNING at an iron pin set for the southeast corner of
the tract herein described, said southeast corner also being
the southeast corner of the above said 526.60 acre tract
conveyed to Westinghouse Electric Corporation, and in the
west right -of -way line of the Georgetown Railroad;
THENCE along the average line of a fence for the south
line of the tract herein described the following courses;
(1) South 85' 54' 42" West a distance of 835.47 feet to
an iron pin found;
(2) South 69' 28' 14" West a distance of 884.18 feet to
a cedar post found
(3) South 75' 10' 48" West a distance of 88.43 feet to
a cedar post found
( South 68' 59' 10" West a distance of 2,355.65 feet to
a creosote post found;
(5) South 70' 38' 31" West a distance of 119.60 feet
to a creosote post found;
(6) South 68' 46' 58" West a distance of 1.697.08
feet to an iron pin found;
(7) South 77' 49' 02" West a distance of 78.40 feet to
an iron pin found;
(8) South 68' 02' 17" West a distance of 1,596.96 feet
to an iron pin found
(9) South 69' 01' 04" West a distance of 1,080.90 feet
to an iron pin set for the southwest corner of the
tract herein described;
THENCE along the average line of a fence
for the west line
of the tract herein described the following courses;
(1) North 20' 58' 25" Wes: a distance of 2,698.71 feet
to an in pin sec
( North 67' 45' 45" Ease a distance of 1 73.70 feet to
an iron pin sec;
•(3) North 21' 00' 01" Nest a distance of 1,919.02 feet
to a 30d nail found and replaced with an iron pin;
for the northwest corner of the tract herein described;
THENCE along the north line of the tract herein described
the following courses,
(1) North 70' 15' 54" East a distance of 492.06 feet to
a 30d nail found and replaced with an iron pin;
(2) 652.77 feet along a curve to the right having a
chord of 652.44 feet bearing North 73° 32' 09" East
and a radius of 5,829.58 feet to a nail in rock
found;
(3) North 76' 44' 56" East a distance of 7,502.43 feet to
a 30d nail found and replaced with an iron pin;
"(4) 613.26 feet along a curve to the right having a chord
of 612.99 feet bearing North 79' 41' 43" East and a
radius of 5,829.58 feet to a 30d nail found and
replaced with an iron pin;
North 76' 48' 34" East a distance of 310.48 feet
to a 30d nail found and replaced with an iron pin;
(6) 224.69 feet along a curve to the right having a
chord of 224.68 feet bearing North 86' 46' 27" East
and a radius of 5,867.58 feet to a 30d nail found
and replaced with an iron pin;
North 87' 57' 18" East a distance of 124.22 feet
to a 30d nail found and replaced with an iron pin
for the northeast corner of the tract herein described,
said northeast corner also being in the west right -of-
way of the Georgetown Railroad;
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of the
Georgetown Railroad, the following courses;
(1) South 0' 43'47 " East a distance of 907.61 feet to
a 30d nail in a railroad tie found;
(2) South 0' 52' 37" East a distance of 2,847.16 feet
to the Point of Beginning and containing 875.68
acres, more or less.
(5)
( 7 )
!. Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes represent the results of an on-
the- ground survey made under my direction on the 29th day of
June, 1982.
EXIII3? T A
Page 3 of 11
A er ry tr,000ts Ha e
�PC9 'red Public Surveyor No. 2154
TRACT IIA
Field notes describing 260.19 acres of land in the
Ephraim Evans League (Abstract 212) and the D. Curry Williamson County, Texas: Said tract bein
of the 153.014 acre tract conveyed by Y Survey
1971 from Raymond Pearson wife, Y Gladys Dated portion
of
W= scinghouseyElectric i nr h e to
Williamson County Deed Records in Volume 537. g the
a:;d a portion of the 1,036.15 acre tract that wa $ e conveyed c E by eed
i
oJt11aiso to unstinghouse
Deed Records in Volume 538, page 80, and lllmthe Y
acre tract that was conveyed all of the Count
1971 from Robert L. Bowers, teed dated September 8ow
and Carl W. Burn ers, Trustee, and Robert L. Boyers
Corporation and recordediindthelWll am Coun De
Records in Volume 540; pg ee age nal of County eacric
tract that was conveyed by and all of the 27.65 from 1971 Marvin H. Parker and wife, Ruth W Pa kerutt r Westing wife, song aCouse
from
Electric Corporation and recorded inthei Williamson Deed Records in Volume 449, page 391, lliasth County
acre tract that was conveyed by decd dated h 18,
1971 from Leon E. Behrens 17'93
Westinghouse Electric in ens
Williamson County Deed Records in Volume 540, page 767,
and being more particularly described as follows;
E
of the tract Nherein ndescribed ,fsaid cornerealsotbeint corner sou
southeast corner of the above said 88.23 acre tractnc
to Westinghouse Electric Corporation, and t the
of-way line of Interstate Highway 35;
in the wescorighca
THENCE along the south line of the tract herein described
the following courses;
(1) South 80' 46' 40" West a distance of 112.73 feet
along a fence to an iron pin set
(2) North 20' 14' 48" West a distance of 400.71 feet
along a fence to an iron pin set;
(3) South 85' 53' 09" West a of 1,650.58
feet to an iron pin set for the southwest corner
of the tract herein described, said southwest
corner also being in the east right -of -way line of
the Georgetown Railroad;
THENCE along the west line of the tract herein described,
said west line also being the east right -of -way line of the
,K "town Railroad, North 0' 51' 14" West, a distance of
6 , 44, 5.92 feet to an iron pin found for the northwest corner of
he trace he rein described;
''' E`7CE along the north line of the tract herein described
69, 02' 16" East, a distanc of 1.643.58 feet to an iron
''','' to the northeast corner of the
: :c e east corner also being i,. tract heroin ay described,
the west right-of-way line of.
Highway 35
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of
Interstate Highway 35, the following courses;
(1) 24.31 feet along a curve to the left having a chord
of 24.30 feet bearing South 2 04' East and a
radius of 2,914.8 feet to a Texas Highway Department
monument found;
(2) South 2' 09' 30" East a distance of 855.64 feet to
a Texas Highway Department monument found
•(3) 597.76 feet along a curve to the left having a chord
of 596.70 feet bearing South 8' 01' 07" East a radius
of 2,914.8 ,feet to a Texas Highway Department monument
found;
(4) 381.42 feet along a curve to the right having a chord
of 380.75 feet bearing South 8' 00' East and a radius
of 1 ,859.9 feet to 'a Texas High;.'ay Department monument
found;
(5) South 2' 12' 52" East a distance of 187.22 feet to a
Texas Highway Department•monument found;
(6) 331.69 feet along a curve to the right having a chord
of 326.16 feet bearing South 15' 59' 02" West and a
radius of 523.0 feet to a Texas Highway Department
monument found
(7) 968.37 feet along a curve to the left having a chord
bearing
radius of 766.2feettoSauTexas Highway Department
monument found
(0) 331.15 the right ' 1 10" East a chord and
radius of 523.0 feet to a Texas Highway Departmenta
,monument found;
(9) South 2' 05' 37" East a distance of 1,086.87 feet
to a Texas Highway Department monument found;
(10) South 2' 04' 08" East a distance of 2,069.59 feet to
the Point of Beginning and containing 260.39 acres of
land, more or less.
1, Jerry Brooks Hale a REGISTEREDrPUBLIC SURVEYOR. do hereby
certify that these field n
the -ground survey made under m p ect the thts of an on
June. 1982.
Y direction on the eul 2 9th day of
uF 7 f
•
JERRY G ROOXgjqLE , per rooks Hale
�Aeyfg Bred Public Surveyor MO. 215.1
1154 ; � / llJ / .. .
,.
,� SU RD - '
Pa- 5
Description of two tracts of land, being
Tract I consisting of 2,023.28 acres
and Tract II consisting of 35.23 acres.
E?(HIBIT "A'
TRACT 1
Field notes describing 2,023.28 acres of land in the
Ephraim Evans League (Abstract 212) and the John Powell
League (Abstract 491) in Williamson County, Texas said tract
being all of the 1,474.684 acre tract conveyed by deed dated
June 24, 1971 from Raymond Pearson and wife, Gladys D. Pearson
to Westinghouse Ele Corporation and recorded in the
Williamson County Deed Records in Volume 537, page 93, and a
portion of the 1,036.15 acre tract that was conveyed by
deed dated July 23, 1971 from Lamoc Corporation to Westinghouse
Electric Corporation and recorded in the Williamson County
Deed Records in Volume 538, page 80, and being more particularly
described as follows:
BEGINNING at an iron pin found for the most easterly
northeast corner of the tract of land herein described, said
corner.alsglbeing the most easterly northeast corner of the
above said 1,474.684 acre tract conveyed to Westinghouse
Electric Corporation, in the south line of the John Powell
League (Abstract 491), in the north line of the Ephraim
Evans League (Abstract 212), and in the west right -of -way
line of the Georgetown Railroad;
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of the
Georgetown Railroad South 7' 00' 06" West a distance of 422.97
feet to an iron pin found, said iron pin also being the
northeast corner of that 13.00 acre tract of land conveyed
to the City of Round Rock and recorded in the Williamson
Councy Deed Records in Volume 853, page 56:
THENCE along the north line of the above said City
of Round Rock tract South 72' 14' 37" West a distance of
1,016.96 feet to an iron pin found for the northwest corner
of the above said City of Round Rock tract;
THENCE along the west line of the above said City of
Round Ruck tract South 17' 47' 23" East a distance of 652.19 feet
to an iron pin found for the southwest corner of the above
said City of Round Rock tract;
THENCE along the south line of the above City of Round
.Rock tract North 72 14' 24" East a distance of 719,90 feet
to an iron pin found for. the southeast corner of the above
said City of Round Rock tract, said southeast corner also
being in the west right -of -way line of the Georgetown Railroad;
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of the
Georgetown Railroad, the following courses;
(1) South 4 18' 56" West a distance of 65.18 feet to
an iron pin found;
(2) North 67' 51' 47" East a distance of 11.14 feet to
an iron pin found;
(3) South 6' 23' 45" West a distance of 955.07 feet
to an iron pin found;
(4) 1.504.16 feet along a curve co the left having a
chord of 1,503.15 feet bearing South 3' 09' 58" West
an' a radius of 11,489.59 feet to an iron pin sec;
page 7 of ._
.(5) South 0' 51' 01" East a distance of 407.61 feet to an
iron pin found;
(6) South 0' 51' 14" Easc a distance of 2,695.35 feet
- to a 30d nail found and replaced with an iron pin
for the southeast corner of the tract herein
described
THENCE along,the south line of the tract herein described
the following courses;
(1) South 87' 57' 18 ".West a distance of 124.22 feet
to a 30d nail found and replaced with an iron pin;
(2) 224.69 feet along a curve to the left having a
chord of 224.68 feet bearing South 86' 46' 27"
West and a radius of 5,869.58 feet, to a 30d nail
found and replaced with an iron pin;
(3) South 76' 48' 34" West a distance of 310.48 feet
to a 30d nail found and replaced with an iron pin;
(4) 613.26 feet along a curve to the left having a chord
of 612.99 feet bearing South 79' 41' 43" West and a
radius of 5,829.58 feet, to a 30d nail found and
replaced with an iron pin;
(5) South 76' 44' 56" West a distance of 7,502.43 feet
to an 30d nail in rock found;
(6) 652.77 feet along a curve to the left having a chord
of 652.44 feet bearing South 73 32' 09" West and a
radius of 5,829.58 feet, to a 30d nail found and
replaced with an iron pin;
(7) South 70' 15' 54" West a distance of 492,06 feet to
a 30d nail found and replaced with an iron pin for
the southwest corner of the tract herein described;
THENCE along the average line of a fence for the west line
of thu tract herein described the following courses
(1) North 21' 02' 58" West a distance of 3,679.56 feet
to an iron pin set;
(2) North 69' 49'.35" East a distance of 1,000.42 feet
to a cedar post in concrete found
(3) Norch 20' 28' 58" West a distance of 1,211.02 feet
to an iron pin found;
(4) North 20' 42' 10" West a distance of 4 877.31 feet
to an iron pin found for the northwest corner of
the tract herein described;
THENCE along the average line of a fence for the north line
of th.; tract herein described the following courses
(1) Norch 69' 17' 01 "East a distance of 2,187.71 feet
co a cedar post found
(2)
North 69' 04' 40" East a distance of 1,959,437 feet
to a cedar post found
tX -A
?age 8 :_ II
(3) North 69' 02' 20" East a distance of 2,021.65 feet
to an iron pin set for the most northerly northeast
•
corner of the tract herein described;
THENCE along the average line of a fence for the east line
of the tract herein described the following courses;
(1) South
5' 23 36" East a distance of 1,552.71 feet
to a dead 36 6 inch Pecan tree;
(2) South 18' 09' 07" East a distance of 110.14 feet to
a 2 inch drill stem found,
(3) South -87. 44' 21" East a distance of 44.64 feet to an
iron'pin found; !
(4) South 12 11' 05" East a distance of 200.03 feet to an
iron pin found;
(5) North 79' 31' 55" East a distance of 50.27 feet to
an iron pin found;
(6) South 23 22' 39" East a distance of 3,040.24 feet to
an iron pin set;
THENCE along the average line of a fence for the north
line of the tract herein described the following courses;
(1) North 68' 59' 48" East a distance of 1 ,079.76 feet
to a cedar post found
'(2) North 51' 30' 13" East a distance of 43.49 feet to
a cedar post found;
(3) North 69 15' 35" East a distance of 2,235.63 feet
to an iron pin found;
North 80' 08' 33" East a distance of 47.20 feet
to an iron pin found; •
(4)
(5)
North 69. 29' 12" East a distance of 341.55 feet
to an iron post found
(6) North 69. 17' 27 ".East a distance of 1 ,033,48 feet
to a cedar post found;
(7) North 68 38' 13" East a distance of 741.68 feet
to the Point of Beginning and containing 2,023.28
acres, more or less.
1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR. do hereby
certify that these field notes represent the results of an on-
the- ground survey made under my direction on the 29th day of
June, 1902.
tXHlOIT 'A'
- >r erry,Broo s tale
: ;? • Oenistered Public !:urveyor 110. 2154
'/ /7
TRACT II
Field notes describing 35.23 acres of land in the Ephraim
- League (Abstract 212) and the John Powell League (Abstract
l; in Williamson County, Texas: said tract being a portion of
153.014 acre tract conveyed by deed dated June 24, 1971 from
Ramond Pearson and wife, Gladys D. Pearson to Westinghouse
Electric Corporation and recorded in Williamson County Deed
records in Volume 537, page 93, and being more particularly
described as follows:
BEGINNING at an iron pin found for the northwest corner
of tract herein described, said corner also being the northwest
.crner of the above said 153.014 acre tract conveyed to
Westinghouse Electric Corporation, the southwest corner of that
tract of land conveyed to Georgetown Railroad Company as recorded
in Volume 475, page 41, in the Williamson County Deed Records,
and also being in the east right -of -way line of the Georgetown
Railroad;
THENCE along the north line of the tract herein described
North 87' 21' 23" East, a distance of 965.37 feet to a one inch
pipe in concrete found for the northeast corner of the tract
herein described;
THENCE along the east line of the tract herein described,
said east line also being the west right -of -way line of Interstate
Highway 35. the following courses;
(1) 56.85 feet along "a curve to the right having a
chord of 56.84 feet bearing South 34' 18' 25" West
and a radius of 1,095.9 feet to a Texas Highway
Department monument found;
(2) 1,023.42 feet along a curve to the left having a
chord of 949.02 feet bearing South 2' 04' 58" East
and a radius of 766.2 feet to a Texas Highway
Department monument found;
(3) 365.13 feet along a curve to the right having a
chord of 363.44 feet bearing South 30 49' 05" East
and a radius of 1,095.9 feet to an iron pin in concrete
found for the southeast corner of the tract herein
described; -
THENCE along the south line of the tract herein described
Suuch 72' 11' 19" West, a distance of 1,424.52 feet to a concrete
,,n,ment sat for the southwest corner of the tract herein described. corner also being in the east right -of -way line of the
c ;curgetos.'n .Railroad;
THENCE along the west line of the tract herein described,
west line also being the east right -of -way line of the
acown Railroad, North 6' 37' 05" East, a distance of 1,144.23
co the Point of Beginning and containing 35.23 acres of land,
or less.
EXHIBIT "A'
Page 1G of li
1, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR,
do hereby certify that these field notes represent
the results of an on the ground survey made under
my direction on the 29th day of June, 1982.
COWRY OWAu
of VI
nrcnnnal a maraca, C" oapn ox� Ada gftwailltEpabi
wJrry
rikuk+ sox courny, TExts
EXHIBIT 'A"
page 11 of 11
DOCK 954E043
H Pages: 16
Date : 09- 20_1995
Time : 03 :01:13 P.M.
Filed & Recorded in
Official Records
ELAINELBIZZELLCounty, TX.
Re c. $ CLERK 00
r
ROUND R❑CK
INDUSTRIAL DISTRICT
E
E
1r
1
V - 2000'
Mayor Nyle Maxwell
City of Round Rock
Via Hand Delivery
Tuesday, June 11, 2002
Dear Mayor Maxwell,
GEORGETOWN RAILROAD COMPANY
5300 SOUTH IH -35
POST OFFICE BOX 529
GEORGETOWN, TEXAS 78627 -0529
51 2 -863 -2538
FAX 512- 869 -2649
I appreciated the opportunity to visit with you regarding the concerns that
some citizens of Round Rock have regarding the impact of loaded and empty
trains have on Round Rock's traffic. The area where RR 620, US 79, and
Sam Bass road intersect IH 35 serves not only as a traffic thoroughfare to
North -South and East -West traffic, but is also a commercial and retail center
in Round Rock. 1 understand that citizens are concerned about anything that
delays traffic in this busy area.
I personally drive in this area on an almost daily basis. The streets and
roads in this area are not adequate for current traffic levels even if no trains
are present. Any disruption, such as a traffic accident or malfunctioning
traffic light, causes serious traffic congestion. Many of the roads do not meet
current Texas Department of Transportation (TDOT) standards.
Over the years, the Georgetown Railroad (GRR) has studied the concept of
relocating this track to other locations. Frankly, this option has been less and
Tess feasible as the population in all areas of Williamson County has
increased. I am attaching a letter (Exhibit A) that clearly outlines our position
on relocation.
When the Georgetown Railroad was created as a short line railroad in 1958,
the Union Pacific (UP) held on to the first two miles of track to serve
industries then located in Round Rock. Exhibit "B' is a map showing the
ownership of the railroad tracks between the Union Pacific's main line and
the Texas Crushed Stone Quarry.
In areas where GRR owned the track GRR has worked with the TDOT to
achieve grade separations( 1431 and 3406).
The UP is a giant railroad and as such operates trains through thousands of
crossings all over the Western United States. UP operates through cities
such as Los Angles, Houston, Dallas, Chicago, and San Francisco. Many of
these tracks have many more trains than operate on the branch line
proceeding north from Round Rock. In other words the crossing at Sam
Bass and 620 are a low priority to the UP for grade seprations when
compared to other crossing on their system.
This means that if we are going to get the situation improved in Round Rock
it is going to be because the City of Round Rock, Texas Crushed Stone, and
the Georgetown Railroad worked with the TDOT to get the grade
separations. The good news is that TDOT is working on this project. Exhibit
`C' is a letter that discusses the GRR's support and position on grade
separations for the 620 and Sam Bass Road rail crossings.
my opinion, a grade separation of the railroad coupled with a new road
segment connecting US79 with RR620 would improve Round Rock's traffic
situation.
While we are working to encourage TDOT to make the necessary
improvements, The following steps might help in the short term:
(1) Encourage the Union Pacific to improve the condition of the railroad
tracks. This might speed up the trains and reduce the likely hood of
derailments.
(2) Encourage TDOT to expedite the connection of the new highway 45 with
RR 620.
(3) Work to complete bridges across Bushy Creek in west Round Rock.
Many residents in West Round Rock must cross the railroad twice to reach
the high school or hospital.
(4) Continue the program already under way to encourage the Union Pacific
and Burlington Northern Santa Fe to operate trains through Round Rock
during non rush hours.
Please do not hesitate to contact me if you have any further questions or
suggestions.
William B. Snead
Chairman of the Board
WM. KENT SNEAD
cxECUnVE COMMITTEEMAN
Sincerely,
Mr. Tom Word, P.E.
Traffic Engineer
City of Round Rock
2008 Enterprise
Round Rock, Texas 78664
Dear Sir:
We have carefully considered your proposal to relocate the existing Union Pacific and Georgetown
Railroad trackage in order to relieve traffic congestion in the vicinity of FM 620. The present rail corridor
serves area companies handling crushed stone, grain, lumber, and fertilizer.
For better or worse, we are surrounded by development. The relocation plan as presented would probably
be met with strong opposition by affected landowners and neighbors.
By long range planning and investment, Georgetown Railroad has successfully prevented traffic
congestion from developing along the portion of the corridor we own. Working with the Texas
Department of Transportation, grade separation has been accomplished at both 3406 and 1431. In
addition, Georgetown Railroad and Texas Crushed Stone have acquired buffer zones along each side of the
corridor.
During the recent mergers of the major rail carriers, the Surface Transportation Board determined that the
present corridor was the preferred route for Georgetown Railroad to be served by both the Union Pacific
and the Burlington Northern Railroads. Capitol Metro and Texas Department of Transportation have both
indicated that the existing corridor is a candidate for future passenger service. Collectively, all of these
actions indicate that the present corridor is the preferred route by federal, state, regional, and private
transportation organizations.
The Capital Area Metropolitan Planning Organization and Texas Department of Transportation have
recognized the FM 620 crossing as a priority for grade separation. We agree with their position and feel
strongly that the best remedy is to proceed with this project.
Wm. Kent Snead
Executive Committeeman
GEORGETOWN RAILROAD COMPANY
5300 SOUTH IH -35
GEORGETOWN, TExAs 78627 - 0529
512-863-2538
FAx 5 1 2-869-2549
W. B. Snead
Chairman
6 January 2000
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29 April, 2002
Michael R. Walker
District Environmental Coordinator
Texas Department of Public Transportation
P.O. Drawer 15426
Austin, TX 78761 -5426
Dear Sir:
GEORGETOWN RAILROAD COMPANY
5300 SOUTH IH -35
POST OFFICE BOX 529
GEORGETOWN. TEXAS 78627 -0529
512 -863 -2538
FAX 512 -869 -2649
The intersections of IH 35, FM 620, US 79, Sam Bass Road and the
Union Pacific Railroad were engineered and constructed when
Round Rock was a much smaller community. When one studies the
area today it appears that it was laid out with the idea of
saving a bridge across Brushy Creek. Even without trains in the
equation, the area is overwhelmed with traffic.
Improvements in the area of FM 620, Sam Bass Road, IH -35, and US
79 should be considered as a package. Tunnels as well as
elevated sections should be considered.
A related problem is that there are no crossings of Brushy Creek
in west Round Rock. Many cars travel from northwest Round Rock
to the Interstate to get to points on the south side of Brushy
Creek. For example, to travel from a neighborhood in northwest
Round Rock to the hospital or high school, a car must cross the
railroad twice.
At the 18 April 2002 public hearing, three residents suggested
railroad relocation. We have studied the idea of relocating the
railroad extensively and feel that rail relocation would be met
with strong opposition by affected landowners and neighbors.
By long range planning and investment, Georgetown Railroad has
successfully prevented traffic congestion from developing along
the portion of the corridor we own. Working with the Texas
Department of Transportation, grade separation has been
accomplished at both 3406 and 1431. In addition, Georgetown
Railroad and Texas Crushed Stone have acquired buffer zones
along each side of the corridor.
During the recent mergers of the major rail carriers, the
Surface Transportation Board determined that the present
corridor was the preferred route for Georgetown Railroad to be
served by both the Union Pacific and the Burlington Northern
railroads. Capitol Metro and Texas Department of Transportation
have both indicated that the existing corridor is a candidate
for future passenger service. Collectively, all of these actions
indicate that the present corridor is the preferred route by
federal, state, regional, and private transportation
organizations.
The Capital Area Metropolitan Planning Organization and Texas
Department of Transportation have recognized the FM 620 crossing
as a priority for grade separation. We agree with their position
and feel that the best remedy is to proceed with this project on
an expanded basis.
Sincerely,
William B. Snead
Chairman of the Board
Georgetown Railroad