R-02-06-13-14G7 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14G7
WHEREAS, the City of Round Rock ( "City ") desires to enter into
an Easement for Ingress and Egress to Texas Crushed Stone, 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 an Ingress and Egress Easement to Texas Crushed
Stone, 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
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, 2002.
CHRISTINE R. MARTINEZ, City Secret
ODMA \WORLDOX \0: \W00% \RESOLOTI \R 20613 G 7 . WPD /sc
Ej WELL, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
s
5
S
EASEMENT
• EXHIBIT
"
KNOW ALL MEN BY THESE PRESENT
THAT the City of Round Rock, a Texas Municipal Corporation,
hereinafter called Grantor, for a good and valuable consideration,
does hereby GRANT, SELL, and CONVEY unto Texas Crushed Stone
Company, a Texas Corporation, hereinafter call Grantee, an easement
and right -of -way providing for powerlines, ingress and egress and
for the free and uninterrupted use of passing in and along a
certain passageway or road described as follows:
All that certain tract, piece or parcel of land, lying
and being situated in Williamson County, Texas, described
in EXHIBIT A, attached hereto and made a part hereof for
all purposes, to which reference is here made for more
particular description of said property.
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.
Grantor hereby binds itself, its successors, assigns, and
legal representatives to warrant and forever defend the above
described easement and rights unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
This easement may be used in common by Grantor, its guests,
agents, servants, employees, invitees, successors, and assigns.
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 1
-#7
This conveyance of easement is made subject to the following
conditions:
1. That there is a gross vehicle weight limit for
vehicles crossing the easement in the amount of
80,000 pounds.
2. That Grantee may operate vehicles across the
easement property with weights up to 40,000 pounds
at any time.
3. That both Grantor and Grantee recognize the need to
protect waterlines which lie across the easement
property.
4. That the Grantor will protect the waterlines to the
level of its satisfaction for those waterlines
crossing the easement area from East to West.
5. That the Grantee will:
(a) Stay off of the waterlines running North
and South; or
(b) In the event that Grantee begins crossing
North to South waterlines which are
crossing the easement, then Grantee will
put in the same level of protection for
the waterlines running North and South
that Grantor has put in place for the
waterlines currently existing which run
East to West across the easement
property.
6. That both Grantor and Grantee agree to and accept
these conditions set out in this document by the
recording and use of this easement.
This instrument shall be binding upon the successors and
assigns of the parties hereto.
By accepting and using this easement, Grantee agrees to
indemnify Grantor and hold it harmless from any suit, claims, cost,
loss or damage which may accrue to Grantor, Grantee or third
parties from the use of the easement herein granted, arising out
EASEMENT-CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 2
employees or agents. The loss or damage for which Grantee shall
indemnify Grantor shall specifically include, but not be limited
to, the following: (a) damage to or destruction of any property
owned by Grantor (b) personal injury to or damage to property
owned, leased or operated by (i) Grantor's employees or agents,
(ii) Grantee's employees, agents, or contractors, or (iii) any
third parties. Such indemnification shall include all actual
monetary cost to Grantor including expenses and attorney's fees.
IN WITNESS WHEREOF, this instrument is executed this day
of , 2002
ATTEST:
City Secretary
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
S
s
BY:
CITY OF ROUND ROCK, TEXAS
Mayor
BEFORE ME, the undersigned authority, on this day personally
appeared , Mayor of Round Rock, a Texas
municipal 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 purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said corporation.
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 3
Given under my hand and seal of office on this the day
of , 2002.
TCSC.EAS -502
Notary Public in and for
Williamson County, Texas
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 4
Exhibit "A"
DESCRIPTION OF A 100 FOOT WIDE ACCESS EASEMENT
DESCRIPTION OF A 105,703 SQUARE FOOT (2.427 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; BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod, being the northeast corner of a tract of land conveyed to the City of Round
Rock in Volume 853, Page 56 of the Official Records of Williamson County, Texas, said iron rod 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 the POINT OF BEGINNING of the herein described 2.427
acre tract;
THENCE, along the west line of said Georgetown Railroad Company right -of -way, NO6D46'46"E, 231.06 feet to
1/2" iron rod for the northeast corner of the herein described 2.427 acre tract;
THENCE, leaving the west line of said right -of -way, S72D15'51 "W, 109.87 feet to a point for the northwest
corner hereof;
THENCE, along a line being one hundred (100) feet West of and parallel to said Railroad right -of -way,
S06D46'46 "W, 1057.40 feet to a point for the southwest comer hereof;
THENCE, leaving said parallel line, N72D15'51"E, 109.87 feet to an iron rod for the southeast corner hereof
said iron rod being located in the west line of said Georgetown Railroad Company right-of-way.
THENCE, along the west line of said Georgetown Railroad Company right -of -way, N06D46'46 "E, 826.34 feet to
the POINT OF BEGINNING, containing 105,703.30 Square Feet (2.427 Acres) of land area, more or Tess within
these metes and bonds.
TEXAS CRUSHED STONE
427/419
(600.00AC)
City Of Round Rock
10.813 Ac
CITY OF ROUND ROCK
853/56
13.00 AC
TEXAS CRUSHED STONE
880/638
1300.133 AC 74.42 AC
vo r
T.C.S.
(11.60 AC)
1.00 AC
>-
z
MEW Ilr
EIEMPG
TEXAS CRUSHED STONE
880/638
(35.23 AC)
14.70 AC
WESTINGHOUSE ELECTRIC CORP.
537/93
116.049 AC
DATE: June 7, 2002
SUBJECT: City Council Meeting — June 13, 2002
ITEM: 14.G.7. Consider a resolution authorizing the Mayor to execute an Easement
for Ingress and Egress to Texas Crushed Stone
Resource: Jim Nuse, Public Works Director
History: Texas Crushed Stone desires an easement across City of Round Rock property to
provide access to portions of TCS land. The City of Round Rock is agreeable with
this easement providing sufficient protection of buried water lines is provided.
The easement attached is a draft and new language regarding line protection will
be provided at the meeting.
Funding: City of Round Rock will provide this easement as a part of the Industrial District
Agreement.
Cost:
Source of funds:
Outside Resources: Texas Crushed Stone, Georgetown Railroad Company
Sponsor: N/A
STATE OF TEXAS $
S
COUNTY OF WILLIAMSON S
EASEMENT
KNOW ALL MEN BY THESE PRESENT
THAT the City of Round Rock, a Texas Municipal Corporation,
hereinafter called Grantor, for a good and valuable consideration,
does hereby GRANT, SELL, and CONVEY unto Texas Crushed Stone
Company, a Texas Corporation, hereinafter call Grantee, an easement
and right -of -way providing for powerlines, ingress and egress and
for the free and uninterrupted use of passing in and along a
certain passageway or road described as follows:
All that certain tract, piece or parcel of land, lying
and being situated in Williamson County, Texas, described
in EXHIBIT A, attached hereto and made a part hereof for
all purposes, to which reference is here made for more
particular description of said property.
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.
Grantor hereby binds itself, its successors, assigns, and
legal representatives to warrant and forever defend the above
described easement and rights unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
This easement may be used in common by Grantor, its guests,
agents, servants, employees, invitees, successors, and assigns.
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 1
#+7
This conveyance of easement is made subject to the following
conditions:
1. That there is a gross vehicle weight limit for
vehicles crossing the easement in the amount of
80,000 pounds.
2. That Grantee may operate vehicles across the
easement property with weights up to 40,000 pounds
at any time.
3. That both Grantor and Grantee recognize the need to
protect waterlines which lie across the easement
property.
4. That the Grantor will protect the waterlines to the
level of its satisfaction for those waterlines
crossing the easement area from East to West.
5. That the Grantee will:
(a) Stay off of the waterlines running North
and South; or
(b) In the event that Grantee begins crossing
North to South waterlines which are
crossing the easement, then Grantee will
put in the same level of protection for
the waterlines running North and South
that Grantor has put in place for the
waterlines currently existing which run
East to West across the easement
property.
6. That both Grantor and Grantee agree to and accept
these conditions set out in this document by the
recording and use of this easement.
This instrument shall be binding upon the successors and
assigns of the parties hereto.
By accepting and using this easement, Grantee agrees to
indemnify Grantor and hold it harmless from any suit, claims, cost,
loss or damage which may accrue to Grantor, Grantee or third
parties from the use of the easement herein granted, arising out
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 2
employees or agents. The loss or damage for which Grantee shall
indemnify Grantor shall specifically include, but not be limited
to, the following: (a) damage to or destruction of any property
owned by Grantor (b) personal injury to or damage to property
owned, leased or operated by (i) Grantor's employees or agents,
(ii) Grantee's employees, agents, or contractors, or (iii) any
third parties. Such indemnification shall include all actual
monetary cost to Grantor including expenses and attorney's fees.
IN WITNESS WHEREOF, this instrument is executed this ! 3 day
of EU /Y1 , 2002
ATTEST:
City Secretary
THE STATE OF TEXAS S
S
COUNTY OF WILLIAMSON S
BEFORE ME the undersigned authority, on this day personally
y
appeared i L6 TY1/-}K416L[..- , Mayor of Round Rock, a Texas
municipal 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 purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said corporation.
1e- Oa- 0&,- 13 -Igf
BY:
CITY OF ROUND ROCK, TEXAS
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 3
G ven under my hand and seal of office on this the
of , 2002.
TCSC.EAS -502
J day
Notary Public in and for
Williamson County, Texas
EASEMENT -CITY OF ROUND ROCK, TEXAS/TEXAS CRUSHED STONE COMPANY Page 4
Exhibit "A"
DESCRIPTION OF A 100 FOOT WIDE ACCESS EASEMENT
DESCRIPTION OF A 105,703 SQUARE FOOT (2.427 ACRE) TRACT OR PARCEL OF LAND OUT OF
AND PART OF THE EPRRIAM 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; BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod, being the northeast comer of a tract of land conveyed to the City of Round
Rock in Volume 853, Page 56 of the Official Records of Williamson County, Texas, said iron rod 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 the POINT OF BEGINNING of the herein described 2.427
acre tract;
THENCE, along the west line of said Georgetown Railroad Company right -of -way, N06D46'46"E, 231.06 feet to
1/2" iron rod for the northeast comer of the herein described 2.427 acre tract;
THENCE, leaving the west line of said right -of -way, S72D15'51 "W, 109,87 feet to a point for the northwest
comer hereof;
THENCE, along a line being one hundred (100) feet West of and parallel to said Railroad right -of -way,
S06D46'46 "W, 1057.40 feet to a point for the southwest corner hereof;
THENCE, leaving said parallel line, N72D15'5 "E, 109.87 feet to an iron rod for the southeast corner hereof;
said iron rod being located in the west line of said Georgetown Railroad Company right -of -way.
THENCE, along the west line of said Georgetown Railroad Company right -of -way, N06D46'46 "E, 826.34 feet to
the POINT OF BEGINNING, containing 105,703.30 Square Feet (2.427 Acres) of land area, more or less within
these metes and bounds.
City Of Round Rock
10.813 Ac
TEXAS CRUSHED STONE
427/419
(600.00AC)
TEXAS CRUSHED STONE
880/638
1300.133 AC 74.42 AC
T.C.S.
(11.60 AC)
Por c,ek.
1.00 AC
z
RIM v
TEXAS CRUSHED STONE
880/638
(35.23 AC)
14.70 AC
WESTINGHOUSE ELECTRIC CORP.
537/93
116.049 AC