R-02-08-08-11G11 - 10/2/2002RELEASE
14
This Release is made and entered into on this the / day of S , 2002,
by and among The City of Round Rock ( "City ") and Carrie Ann Barton Toungate Smith; Charles
Grady Barton; Hilda Rose Barton; Merry Carol Williams Rodriguez, Individually and as custodian
for Dalton Wade Williams Rodriguez; Terri Leanne Williams Wisian, Individually and as custodian
for Savannah Liann Wisian ( "Barton ") hereinafter collectively referred to as "Parties ".
RECITALS
WHEREAS The City of Round Rock has, pursuant to the terms and conditions identified as (d),
(e), (f) and (g) as listed on the back side of the first page in that certain deed dated
March 21, 1972 and filed for record as document number 7293 in the Official
Records of Williamson County, Texas as well as paragraphs 10 and 11 of that certain
agreement between Barton and City dated March 20, 1972, (hereinafter referred to
collectively as "Conditions ") supplied Barton with a connection to City water system
and has provided Barton with free water service for more than thirty years. Said deed
and agreement are collectively attached hereto as Exhibit "A" and are incorporated
herein by reference for all purposes as if copied herein verbatim;
WHEREAS The City of Round Rock, wishes to abandon the water system connection and
terminate the free water service to Barton;
II.
RELEASE
In consideration of the mutual covenants and promises contained herein and in the Settlement
Agreement executed by the Parties of even date herewith and for other good and valuable
consideration, receipt of which is hereby acknowledged Barton agrees to the following:
1. Barton has ACQUITED, RELEASED, and FOREVER DISCHARGED and by these
presents does hereby ACQUIT, RELEASE, and FOREVER DISCHARGE City of
any and all claims, demands or causes of action, at law or in equity, either in contract
or in tort, as well as any other character or kind of action now held, owned or
possessed by Barton, in whole or in part, which it may now or hereafter claim to hold
or possess, on account of, growing out of, or related to or concerning, either directly
or indirectly the Conditions.
2. It is understood and agreed that this a FULL AND FINAL RELEASE AND
DISCHARGE of the Parties, for any matter or thing dealt with herein, and that the
same may be pleaded as an absolute and final bar to any and all suits pending, or
which may hereafter be pending or prosecuted by either Party.
,o,0w,u :mwoox CORRINLIASTIenm ,unan>u- omexnce 1103,r,wco :ue
,PEA -cs- of -pp/
Attest:
III.
REPRESENTATIONS AND WARRANTIES
Both Parties agree, represent, and warrant to the other that:
1. The Parties each stipulate and agree that they have relied upon their own judgment,
belief and knowledge of the existence, nature and extent of this Release, and that they
have not be influenced to any extent in entering into this Release by any
representations or statement made by any other party, except for the agreements,
stipulations, representations and warranties expressly made herein or in the
Settlement Agreement between the Parties of even date herewith. The Parties further
acknowledge that none owes the others any fiduciary duty and that none has relied
upon any other in a confidential or trust relationship in entering into this Release.
Furthermore, the Parties acknowledge and agree that this Release is the product of
arms- length negotiations.
2. This writing contains the entire agreement of the Parties relating to the matters
addressed herein and supercedes all other agreements, whether they be oral or in
writing. Any changes to this Release must be in writing and attached hereto and
must be signed by both parties.
3. This Release shall be binding upon and shall inure to the benefit of all the Parties and
their respective heirs, executor, administrator, personal representatives, successors
and assigns.
4. The Parties agree that Williamson County, Texas is the place of performance of the
duties of the Parties and that Williamson County, Texas is the proper venue for any
disputes arising out of this Release.
AGREED TO AND ACCEPTED AS TO FORM AND CONTENT THIS DAY OF
JGTOI�E� , 2002, BY:
By:
Christine Martinez
City Secretary
The City of Round Rock
,2'
Carrie Ann Barton Toungate Smi{h
Charles Grady Barton
Hilda Rose Barton
Merry of Williams Rodriguez,
Individually and as custodian for
Dalton Wade Williams Rodriguez
Terri Leanne Williams Wisian,
Individually and as custodian for
Savannah Liann Wisian
NOTICE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON.
Prepared by the State Bat of Texas for use by Lawyers only. 8 -71 —ISM
To select the proper form, fill in blank spaces, strike fame provisions or insert
speclal teens constitutes the practice of law, No - standard form" can meet all
requirements.
WARRANTY DEED
(LONG FORM)
That WE, C. A. BARTON and wife, OLLIE- BARTON
of the County of Williamson and State of Texas for and in
consideration of the sum of Five thousand and N0 /100 ($5,000.00) DOLLARS
and other valuable consideration to the undeasigned paid by the gantee herein named, the receipt of
which ishereby acknowledged, and the 'further consideration of $12,500.00 cash
which is paid as liquidated damages for damage sustained by the remain-
ing acreage out of which'the, hereinafter described 0.696 and .230
tracts are a part;
7293
KNOW ALL MEN BY THESE PRESENTS:
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
The City of Round Rock, Texas, .
of the County of Williamson - and State of Texas , all of
the following described real property in Williamson County, Texas, to-wit:
FIRST TRACT: All that certain 0.696 acre tract or parcel of land lying
and being situated in. Williamson County, Texas, out of the James S.
Patterson (Robbins) Survey, Abstract. No. 502 and being part of and out
of a 186 acre tract of land conveyed to C. A. Barton by deed dated
November 24, 1943, and recorded in Vol. 319, Page 524, Deed Records,
Williamson County, Texas, and being more fully described as follows:
BEGINNING at an iron pin found at the Southwest corner of said C.A.
Barton tract, the Southwest oorner of said J. S. Patterson (Robbins)
Survey for the Southwest corner of this tract;
THENCE with C. A. Barton South fence line, North 71a East, 100 fet to a
point for oorner; E Li{'�4/. —
THENCE North 19° and 08' West, 300 feet to a point for corner
THENCE South 71° West, 100 feet to a point in said C. A. Barton
West fence line for the Northwest corner of this tract;
THENCE with said C. A. Barton West fence, South 17° 54' East, 92.48
feet to an iron pin found.
THENCE with said fence line, South 19° and 43' East, 207.58 feet to the
PLACE OF BEGINNING and being 0.696 acres of land.
SECOND TRACT: All that certain 0:230 acre tract or parcel of land lying
and being situated in Williamson County, Texas, out of the Francis A.
Hudson Survey, Abstract No. 295 and being part of and out of a 186
acre tract of land conveyed to C. A. Barton by deed dated November 24,
1943, recorded in Vol. 319, Page 524, Deed Records, Williamson County,
Texas, and being more fully described as follows:
BEGINNING at the Northeast corner of the herein described tract, said
point being located South 19° East, 433.02 feet and South 71° West,
281.60 feet from the Northeast corner of said C. A. Barton tract;
THENCE parallel to said C. A. Barton, East line, South 19° East, 100
feet to a point for corner;
THENCE South 71° West, 100 feet, a point for corner;
THENCE North 19° West, 100 feet, a point for corner;
THENCE parallel to said C. A. Barton, North line, North 71° East, 100
feeteto the Place of Beginning and containing 0.230 acres of land, more
This Deed is made and executed subject to the following terms and
conditions:
The City of Round Rock, Texas, shall not paint or write any
s on the storage tanks placed on the property herein described;
The City of Round Rock, Texas, shall install all necessary
fences and gates at its own expense;
Grantors herein will provide all easements incidental to the
the property described herein and which are within the limits
ty owned by them;
The City of Round Rock agrees to place a fire hydrant no
r than 300 feet from present residence of Grantors;
The City of Round Rock shall connect water line to Grantors
t water supply to his residence and Grantors are to receive
water for their household needs;
pr The City of Round Rock shall install adequate water pump and
water re thr ank on well now owned by Grantors for pressure to pump
water tank site. Grantors to.furnish any and all pipi
(g) ar to garden site.
The
essure
City of Round Rock.shall place a water tap close to the
s e. the Baptist Church on Grantors' property, so they may connect
to ater supply at their expense.
(h) Notwithstanding anything to the contrary herein, the provisions
of the two agreement's dated March 20, 1972, shall be complied with
fully.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the said grantee , its ac rd euxa�id s
assigns forever;
and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said grantee , its successors
arks and assigns, against every person whomsoever lawfully tiaiming'or to claiun the same or any part thereof.
EXECUTED this a•f
THE STATE OF TEXAS
COUNTY OF Williamson.
(Acknowledgment)
Before me, the undetalgaed authority, on this day personally appeared
C. A. Barton and wife, 011ie Barton
known to mp (¢A r14,...whose name .& -.On abscribed to the foregoing instrument, and acknowledged to pre
that , :_; elitiOntie for the proposes and consideration therein expressed
Given 4dgmy ndipd !e91 of office_on this the 1.242 d of March A. 0.19 72. '
•
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Given under my hand and seal of office on this the
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF -
Before me, the undersigned authority, on this day personalty appeared
(Corporate acknowledgment)
day of , A, D. 19 ,
_.._- _..._
Notary Public in c and !or or -
known to me to be the person whose name______ subscribed to the foregoing Instrument, and acknowledged to me
that_ he _,_executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the day of , A. D. 19 .
Notary Public in end for ..- . ... County, Tense.
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
of
a 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.
THE STATE OF TEXAS,
COUNTY OF WILLIAMSON.
This Agreement is made this,.,( / 44f day of March, 1972,
between C. A. Barton and wife, 011ie Barton and The City of
Round Rock, Texas, and provides as follows:
° -,�
WHEREAS, on the /OI of March, 1972, C. A. Barton
and wife, 011ie Barton, executed a certain Warranty Deed to
the property described on Exhibit "A ", attached hereto and made
a part hereof, for all purposes; and
WHEREAS, the City of Round Rock, Texas, has paid the
said C. A. Barton and wife, 011ie Barton, the sum of $17,500.00
for the execution of said Deed and for damages done to the re-
maining property; and
WHEREAS, The City of Round Rock has designated said
property to be used as a site for a water well; and
WHEREAS, the parties agree that 'the site described
above may not produce a sufficient water well;
THEREFORE, the parties covenant and agree as follows:
(a) That if after testing the site described above,
it is determined that a suitable water well cannot be secured
then the City of Round Rock, Texas, will reconvey the property
described above to the said C. A. Barton and /change therefor
the said C. A. Barton will convey a similar .696 and .230 acre
tract of land out of the 166 acre tract, which he presently owns,
which will lie as near the original site as possible to be selected by
both parties
(b) The City of Round Rock, Texas, further agrees that
if it becomes necessary for a new site to be used, it will re-
turn the original site to as near the same condition as it was
prior to the tests performed thereon; however, if C. A. Barton desires
to use such well or wells, said City shall not plug same.
(c) The City of Round Rock, Texas, further agrees that
all of the expense of carrying out the above agreements will
be borne by it.
t51-4
e ne 9
: KNOW ALL MEN BY THESE PRESENTS:
1972.
EXECUTED IN TRIPLICATE this 0 /..2.7 — day of March,
Fx161 "4
a
THE CITY OF ROUND ROCK,TEXAS
By:
OLLIE BARTON `
DALE.
TER,
ayor
''94'/41
ITTON, City Councilman
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
WHEREAS, City of Round Rock desires to purchase two (2)
tracts of land one being 100' x 100' for a 500,000 gallon
storage tank and one being 100' x 300' for water wells site
and a 15' wide water line easement, all as reflected on the
attached exhibit "A" plat; and,
WHEREAS, Round Rock shall pay C. A. Barton $17,500.00
for the conveyance of the land and easements necessary to
carry out the plans set forth in Paragraphs 1 -4 in said
proposal, a copy of said proposal being attached hereto for
identification; and, therefore, it is agreed bysaid parties
as follows, to -wit:
A. For said sum of $17,500.00 C. A. Barton agrees to
convey fee title to a tract of land 100 feet by 100 feet
in size for use only as a site for 500,000 gallon water
storage tank and a tract 100 feet by 300 feet for use only as
a site for two water wells and C. A. Barton agrees to grant
the 15' wide pipeline easement for the installation and
maintenance of the 14" pipeline. The exact location
of said sites and said easements are to be determined by
mutual agreement of the parties, but are substantially as
shown on said plat.
B. Additional covenants between said parties are as
follows:
(1) Should the City of Round Rockcease to use
said land for such purposes, C. A. Barton and ,011ie Barton
shall have the right to repurchase same for $50.00 cash.
(2) No printing or writing of any character shall
be placed on said storage tank.
17,43H "A
Pe 7a�'i
(3) Both building sites shall be fenced with
metal cyclone fences and all necessary roads, fencing,
gates and the like shall be installed by Round Rock at its
cost and expense and shall be of the type mutually agreed
upon by the parties; however, no cattle guards shall be
installed. Metal gates shall be used and double gates
shall be installed at locations marked "XX" on said plat.
(4) All installations and maintenance of fences,
gates and roads shall be at the expense of Round Rock.
(5) The location of all entrances, roads and the
rights -of -way shall be determined by mutual agreement but
shall be substantially as shown on the exhibited plat.
(6) All surveying expense incident to this trans-
action shall be paid by Round Rock.
(7) Any and all damage to growing crops, present
roads or otherwise caused by Round Rock, its agents, employees,
servants and personel in doing such work shall be paid by
Round Rock to C. A. Barton in connection with the initial
installation of such facilities and also any such damages
that occur in future years. In the event these parties
are ever unable to agree as to the amount of such damages
the matter shall be resolved by arbitration with each party
designating one arbitrator for each and they shall name
a third who shall report their decision in writing. After
the aggrieved party has appointed an arbitrator he shall
notify the other party who shall have five (5) days to appoint
such arbitrator and the said two arbitrators shall appoint
the third within five days and the three shall decide by
majority vote within ten (10). days.
(8) Of the $17,500..00 consideration, $12,500.00
shall be allocated and paid as damage to remaining land
and the $5,000.00 shall constitute payment for the storage
tank, well tract and said easements.
Ex4:4ii"A*
(9) This agreement relates to the initial
installation of said water wells, storage tank and the
14" water line and any future installation of other lines,
or other facilities shall constitute a new project and shall
be negotiated prior to installation.
(10) Round Rock shall also provide a 2" water line
which may be connected to by the Baptist Church located
west of the Barton property at the Baptist Church expense.
(11) The City of Round Rock agrees to place a
fire hydrant that will fit City fire trucks no further than
300 feet from C. A. Barton residence served by 2 -4"
water line and the City of Round Rock agrees to lay, install
and connect a 1 -1/2" water line from said plug to C. A.
Barton's present water supply at his residence and C. A.
Barton is to receive free water from his present water
lines. There shall be no irrigation from this source of
water.
This agreement shall be valid only after being exeeuted
by C. A. Barton and wife, 011ie Barton, and City of Round
Rock. Executed this 2Qth.day of M ch, 1972.
A. BAR
CITY OF ROUND ROCK:
BY:
C.
afie , g,T:0,
OLLIE BARTON
This Settlement Agreement ( "Agreement ") is made and entered into on this the I& day of
to , 2002, by and among The City of Round Rock ( "City ") and Carrie Ann
Bart n Toungate Smith; Charles Grady Barton; Hilda Rose Barton; Merry Carol Williams
Rodriguez, Individually and as custodian for Dalton Wade Williams Rodriguez; Terri Leanne
Williams Wisian, Individually and as custodian for Savannah LianneWisian ( "Barton ") hereinafter
collectively referred to as "Parties ".
SETTLEMENT AGREEMENT
RECITALS
WHEREAS the City has determined that there exists a public necessity for the acquisition of a
permanent waterline easement, a temporary construction easement, and a sanitary
control easement, in, on and through the property of Barton in order to construct and
install the East Transmission Waterline, the "Project;"
WHEREAS The City of Round Rock has, pursuant to the terms and conditions of a deed dated
March 21, 1972, supplied Barton with a connection to City water system and has
provided free water service for more than thirty years;
WHEREAS The City of Round Rock, wishes to abandon the water connection and terminate the
free water service to Barton;
WHEREAS Barton has agreed to grant and convey to the City the easements required to complete
the Project;
WHEREAS the City, in consideration for the granting of the permanent waterline easement and
temporary construction easement, has agreed to tender 532,000.00 to Barton and in
consideration for the granting of the Sanitary Control Easement, the City has agreed
to tender $3,000.00 to Barton;
WHEREAS Barton has agreed to release the City from the requirements of supplying a
connection to the City of Round Rock water service and providing Barton with free
water;
WHEREAS hr exchange for said release, the City of Round Rock agrees to tender 512,750.00 to
Barton for the purposes of securing the release and allowing Barton to drill a
sufficient well to provide water service to the Property and to allow Barton to remain
connected to the City of Round Rock water service for a period of time not to exceed
nine (9) months from the date that the closing of this Agreement occurs, with the
understanding that Barton may make a one time request for an extension as provided
herein.
,, ,O DMA. WOREDOX (>, W OOX CORK UNI. EAS RIRAN•DARTON OTIIERDOC.1132043. WPI) zc
R- 00?- 0Y- 08"- /IgH
THEREFORE, in consideration of the mutual covenants and promises contained herein and
for other good and valuable consideration, receipt of which is hereby acknowledged the City and
Barton do hereby agree as expressed below.
II.
AGREEMENTS
A. For the above stated consideration, Barton agrees to:
1. Grant and convey unto the City of Round Rock, a permanent waterline
easement and a temporary construction easement in, over and through the
property as described on Exhibit "A" attached hereto and incorporated herein
for all purposes and shall grant and convey the Waterline Easement and
Temporary Construction Easement as shown generally on Exhibit "B," the
Sanitary Control Easement, as shown generally on Exhibit "C ", sufficient to
satisfy the mandates of the Texas Water Code;
2. Release the City of Round Rock from the requirements of supplying a
connection to the City of Round Rock water service and providing Barton
with free water and execute those Releases as shown generally on Exhibits
"D and E;"
3. Cause to be drilled, within nine (9) months from the date of the closing of
this Settlement Agreement, a water well sufficient to provide adequate water
service to the property. Barton agrees and acknowledges that at the
expiration of nine (9) months, the City will terminate the existing water
connection. However, should Barton drill a dry well during this nine month
period and otherwise be unable to receive water service, Barton may request
to be connected to the City of Round Rock water system at a point designated
by the Public Works Department for the City of Round Rock, and the City of
Round Rock will not unreasonably withhold its consent. Barton further
agrees to tender to the City of Round Rock the actual costs associated with
connecting Barton to the City of Round Rock water system and upon such
connection being made, Barton agrees to tender monthly payment to the City
of Round Rock for said water service at the current rate charged by the City
for such service as same may be changed from time to time.
4. Pay their own fees and costs accrued and arising out of this Agreement and
easement conveyance.
B. For the above stated consideration, The City of Round Rock agrees to:
1. Tender payment in the amount of $35,000.00 for the conveyance by Barton
of the easements described in the Recitals above and the execution by Barton
of the easement documents;
2.
2. Tender payment to Barton in the amount of $12,750.00 for the release of the
City of Round Rock from the requirements of supplying a connection to the
City of Round Rock water service and providing Barton with free water;
3. Allow Barton to remain connected to the City water service for a period not
to exceed nine (9) months from the date of the closing of this Agreement and
to continue to provide such service at no charge to Barton for that duration;
4. Pay its own fees and costs accrued and arising out of this Agreement and
easement conveyance.
III.
REPRESENTATIONS AND WARRANTIES
Both Parties agree, represent, and warrant to the other that:
The Parties each stipulate and agree that they have relied upon their own judgment,
belief and knowledge of the existence, nature and extent of this Agreement, and that
they have not be influenced to any extent in entering into this Agreement by any
representations or statement made by any other party, except for the agreements,
stipulations, representations and warranties expressly made herein. The Parties
further acknowledge that none owes the others any fiduciary duty and that none has
relied upon any other in a confidential or trust relationship in entering into this
Agreement. Furthermore, the Parties acknowledge and agree that this Agreement is
the product of arms- length negotiations.
2. This writing contains the entire agreement of the Parties and supercedes all other
agreements, whether they be oral or in writing. Any changes to this Agreement must
be in writing and attached hereto and must be signed by both parties.
3. This Agreement shall be binding upon and shall inure to the benefit of all the Parties
and their respective heirs, executor, administrator, personal representatives,
successors and assigns.
4. The Parties agree that Williamson County, Texas is the place of performance of the
duties of the Parties and that Williamson County, Texas is the proper venue for any
disputes arising out of this Agreement.
rl AGREED TO AND ACCEPTED AS TO FORM AND CONTENT THIS I (D DAY OF
)t�6111 , 2002, BY:
By:
The City of Round
3.
ayor
xwell
Attest:
By:
11. Jri IA I
Christine Martinez
City Secretary
Carrie Ann Barton Toung e Smith
gi„c
Charles Grady Barton
Hilda Rose Barton
Merry rV: of Williams Rodriguez,
Individually and as custodian for
Dalton Wade Williams Rodriguez
Terri Leanne Williams Wisian,
Individually and as custodian for
Savannah Liann Wisian
c)a zt ---
4.
2l /ide Waterline Easement
Page 1 of 2
DESCRIPTION
FOR A 2.142 ACRE WATERLINE EASEMENT OUT OF THE J. PATTERSON
SURVEY, ABSTRACT NO. 502, AND THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO. 295, IN WILLIAMSON COUNTY, TEXAS, SAID EASEMENT
BEING A PORTION OF THAT CALLED 185 ACRE TRACT CONVEYED TO C. A.
BARTON, ET. AL., BY DEED RECORDED VOLUME 319 ON PAGE 524 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE an iron rod found for the most northerly southeast
corner of that called 82.8658 Acre tract of land conveyed to William D. Kelley Charitable
Trust by Deed recorded as Document No. 9873761 of the Official Records of said
county, same being the northeast comer of that called 0.50 Acre tract of land conveyed to
Capitol City Oil Company by deed recorded in Volume 1939, Page 37 of the Official
Records of said county, and said point being on the west line of said 185 Acre tract;
THENCE with the west line of said 185 Acre tract, and the east line of said 82.8658 Acre
tract, N 20°45'46" W for a distance of 345.36 feet to the most northerly southwest comer
and POINT OF BEGINNING hereof
THENCE continuing with the west line of said 185 Acre tract, and the east line of said
82.8658 Acre tract, N 20 °45'46" W a distance of 20.00 feet to the northwest corner
hereof;
THENCE departing said line, through the interior of said 185 Acre tract, the following
eleven (11) courses and distances:
1) N 67 °57'36" E a distance of 35.01 feet to an angle point hereof,
2) S 20 °45'46" E a distance of 253.66 feet to an angle point hereof
3) N 69°00'52" E a distance of 87.96 feet to an angle point hereof,
4) S 21'07'08" E a distance of 259.85 feet to an angle point hereof,
5) N 68°34'41" E a distance of 828.00 feet to an angle point hereof,
6) N 21°25'19" W a distance of 10.00 feet to an angle point hereof,
7) N 68°34'41" E a distance of 148.00 feet to an angle point hereof,
8) S 21°25'19" E a distance of 10.00 feet to an angle point hereof
9) N 68°34'41" E a distance of 1557.68 feet to an angle point hereof
10) N 23 °48'00" E a distance of 62.92 feet to an angle point hereof and
11) N 68 °48'00" E a distance of 51.70 feet to a point on the east line of said 185
Acre tract, same being the west line of County Road 116, for the northeast
corner hereof
THENCE with the east line of said 185 Acre tract, and the west line of said County
Road 116, S 21 °17'31" E a distance of 25.00 feet to a point for the most northerly
southeast corner hereof;
THENCE departing said line, through the interior of said 185 Acre tract, the following
seven (7) courses and distances:
1) S 68°48'00" W a distance of 41.38 feet to an angle point hereof,
2) S 23 °48' EXHIBIT an angle point hereof,
2G ide Waterline Easement
Page 2 of 2
3) S 68 °34'41" W a distance of 2559.10 feet to a point on east line of that called
0.696 Acre tract of land conveyed to the City of Round Rock by deed recorded in
Volume 547, Page 122 of the Deed records of said county for an angle point
hereof;
4) with the east line of said 0.696 Acre tract, N 21 °07'08" W a distance of 270.00
feet to a point for the northeast corner of said 0.696 Acre tract, and an angle point
hereof;
5) with the north line of said 0.696 Acre tract, S 69 °00'52" W a distance of 88.09
feet to a point for an angle point hereof,
6) departing the north line of said 0.696 Acre tract, N 20 °45'46" W a distance of
253.29 feet to an angle point hereof, and
7) S 67 °57'36" W a distance of 15.00 feet to the POINT OF BEGINNING and
containing 2.142 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, 2001.
BAKER- AICKLBN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, TX 78664
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SUBJECT TRACT
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C. A. BARTON, ET. AL. •�
VOLUME 319, PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
L
TEMPORARY WORK SPACE —� �
50' EASEMENT (WIDTH VARIES) N arsa' H � m B.0•
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B iCN N'0 40401 ' �......--TEMPORARY WORK SPACE EASEMENT EXHIBIT 'A'
—
PAGE 1 OF 3
CR HI WESTINGHOUSE RD.
MAY 1. 2002 - REVISED PROPOSED WATERLINE BY: C,C.W./TJR
28
EASEMENT AND TEMPORARY WORK SPACE JOB No.t S - 715 -
EASEMENT BOUNOARIES. PLOT DATE: MAY 1, 2002
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SUMCTTRACT
WATERLINE MOW WM AG
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C. A. BARTON, ET. AL.
VOLUME 319 PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
•
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69•341r£ rwsrse•
50' I TEMPORARY WORK SPACE EASEMENT (WIDTH VARIES)]
a
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CR III WESTINGHOUSE WESTINGHOUSE RD.
EXHIBIT 'A"
PAGE 2 OF 3
a
1
MA I. 2002 - REVISED PROPOSED WATERLINE BY C.C.W./TJR
EASEMENT AND TEMPORARY WORN SPACE JOB No.: 285- 716 -20
EASEMENT BOUNDARIES. PLOT DATE: MAY 1, 2002
r].
I^L\
S�
Baker- Alcklen
& Associates, Inc.
Enpinr"n/Surnyors
File: Wj PROJECTS \HDR> WESIIN`HOUSE\EASEMENTS \DWG \ESMT- BARTON.
LEGEND
• = 1/2" IRON ROD FOUND
p = CAPPED 1/2" IRON ROD SET
J. PATFERSON A-502
C. A, BARTON, ET. AL.
VOLUME 319, PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
TEMPORARY WORK SPACE EASEMENT (WIDTH VARIES)]
.... ,..--TEMPORARY WORK SPACE EASEMENT
SKETCH TO ACCOMPANY DESCRIPTION
SCALE 1%000'
3U5JECT TRACT
WATERLINE EASEMENT
ew6 AC
50'
S Rr544r W 255910
MAY 1, 2005 - REVISED PROPOSED WATERLINE
EASEMENT AND TEMPORARY WORK SPACE
EASEMENT BOUNDARIES.
Le
m
1
CR lU WESTINGHOUSE RD.
NUMBER
LI
L2
LS
L1
Le
L9
L7
Le
L1
LN
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REARMS
N 2743546 W
N 17.57'35' E
N 202519' W
B 21 E
N 23i4000' E
N SrNeb0' E
3
21 E
5 97.311'00' W
91r49'90• 0
a 9900',32 W
9 17.57'57. W
DISTANCE
2007'
55,01'
:moo'
10.00'
6091'
5470'
2300'
451'
99.99'
99.01'
N.00'
BY: C.C.W. JR
JOB No.: 285-716-20
PLOT DATE: MAY 1. 2002
Pgip
Oq ✓Or O N f
. K , C '. 787
LOT 2
WEST!NHOUSE RD.
JOINT VENTURES LTD.
!772/876
0.P.R.W.C. T.
EXHIBIT WAIN
PAGE 3 OF 3
Baker- Alcklen
& Associates. Inc.
Engineers/Surveyors
a
S0
File: W:VRO,IECTS \HD5 \WESTINGHOUSE \ EASEMENTS \ DWG \ESMT BARTON.OWG
L+.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
§
KNOW ALL BY THESE PRESENTS:
That Carrie Ann Barton Toungate Smith; Charles Grady Barton;
Hilda Rose Barton; Merry Carol Williams Rodriguez, Individually and
as custodian for Dalton Wade Williams Rodriguez; Terri Leanne
Williams Zaleski, Individually and as custodian for Savannah Liann
Wisian, and their successors and assigns, hereinafter referred to
as "Grantor" (whether one or more), for and in consideration of the
payment of TEN and NO /100 ($10.00) DOLLARS and other good and
valuable consideration in hand paid to GRANTOR by the CITY OF ROUND
ROCK, TEXAS, a home rule municipal corporation situated in the
County of Williamson, State of Texas, ( "GRANTEE "), the receipt of
which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by
these presents does GRANT, SELL, and CONVEY unto Grantee certain
rights and interests in the nature of a perpetual waterline
easement and a temporary construction easement to construct,
install, operate, maintain, inspect, enlarge, reconstruct, rebuild,
relocate and remove an underground water distribution system and
underground waterlines, together with all necessary lines, pipes,
conduits, valves, vaults, manholes, ventilators, and other
equipment, improvements and appurtenances thereto, which includes
all necessary above ground appurtenances, in, upon, over, under,
above and across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise
pertaining, showing a 2.142 acre waterline easement out
of the Ephriam Evans Survey, Abstract No. 212, and the
John Powell Survey, Abstract No. 491, in Williamson
County, Texas, said easement being a portion of that
called 148.45 acre tract conveyed to C. A. Barton, et al
by deed recorded in Volume 319 on Page 524 of the Deed
Records of Williamson County, Texas, and being more
particularly described by metes and bounds as indicated;
and
See "Sketch to Accompany Description" attached hereto and
made a part hereof for all intents and purposes hereunto
and in any wise pertaining, showing a variable width
temporary construction easement.
@:OUMANVORLWX/O W 03.01,WBNIFASTIRANBARTON/EAS
EXHIBIT
5
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 and shown of record in the
office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges
herein granted shall be perpetual, provided however, that said
easement, rights, and privileges shall cease and revert to Grantor
in the event the waterline and related systems are abandoned, or
shall cease to be used, for a period of two (2) consecutive years.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that s /he will not convey any
other easement or conflicting rights within the area covered by
this grant, without the express written consent of Grantee, which
consent shall not be unreasonably withheld. Grantee shall have the
right to review any proposed easement or conflicting use of the
easement to determine the effect, if any, on the waterline
contemplated herein. Prior to granting its consent for other
easements, Grantee may require reasonable safeguards to protect the
integrity of the waterline thereon.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width
thereof and to extend the cuts and fills for such grading
into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary
after both the original construction and installation of
the waterline or following any repair or maintenance
performed on the line;
(b) the right of ingress to and egress from the easements
over and across the strip of Grantor's property between
the roadway and the permanent easement by means of roads
and lanes thereon, if such exist; otherwise by such route
or routes as shall occasion the least practicable damage
and inconvenience to Grantor; the foregoing right of
ingress and egress includes the right of the Grantee to
disassemble, remove, take down, and clear away any fence,
barricade, or other structure which obstructs, prevents,
or hinders Grantee's ingress to and egress from the
Grantor's property, and should Grantee deem it necessary
to so disassemble, remove, take down, or clear away any
such fence, barricade, or other structure, Grantee shall,
as soon as is reasonably feasible, replace or restore
Grantor's property to as similar a condition as
2.
reasonably practicable as existed immediately prior to
Grantee's actions pursuant to this provision, unless said
fence, barricade, or other structure is inconsistent with
the rights conveyed to Grantee herein; the foregoing
right of ingress and egress applies during the period of
construction as well as for maintaining and repairing the
waterline;
(c) the right from time to time to trim and to cut down and
clear away any and all trees and brush now or hereafter
on the permanent and temporary construction easements
except for those trees listed on attached Exhibit "B"
which now or hereafter in the opinion of Grantee may be
a hazard to any the pipeline, valves, appliances or
fittings, by reason of the danger of falling thereon or
root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights
hereunder, provided, however, that all trees which
Grantee is hereby authorized to cut and remove, if
valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse
wood shall be burned or removed by Grantee;
(d) the right to mark the location of the 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 easement;
(e) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
easement and to keep such gates locked with locks
provided by the City of Round Rock; and
(f) provide a temporary fence during the period of
construction sufficient to keep Grantors' livestock
confined to Grantors' property.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on
the easement and repair any damage it shall do to
Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the
3.
rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and
facilities placed upon said property shall remain the property of
Grantee, provided that Grantee will promptly remove all trash,
vehicles, machinery, and equipment which is not an integral part of
the waterline system from the easement areas following the
completion of any work on it.
In addition to the foregoing, and for the consideration set
forth above, Grantor has this day granted and conveyed, and by
these presents does grant and convey, unto Grantee, a temporary
construction easement in, under, over, above and across the
following described property, to -wit:
See "Sketch to Accompany Description" attached hereto and made
a part hereof for all intents and purposes hereunto and in any
wise pertaining, showing a variable width temporary
construction easement.
Said temporary construction is being granted to facilitate
Grantee's construction and installation of the waterline on /or
adjacent to the above - referenced land, and is for the express
purpose of con_ cruction and all related work, and of construction
and /or reconstruction of a waterline. Grantor grants such temporary
construction easement to Grantee, its agents and employees, with
necessary equipment, to enter upon and have access to the real
property owned by Grantor.
This temporary construction easement shall exist from the date
construction begins and shall continue until and after completion
of the project, as follows: after final completion of the project,
that being defined as thirty (30) days after issuance of the
Certificate of Completion, this temporary construction easement
shall terminate. The expiration of the temporary construction
easement shall not otherwise affect any of Grantee's easement
rights.
TO HAVE AND TO HOLD the rights and interests described unto
Grantee and its successors and assigns, forever, and Grantor does
hereby bind her /himself, her /his successors and assigns, and legal
representatives, to warrant and forever defend, all and singular,
the above - described easement and rights and interests unto Grantee,
its successors and assigns, against every person whomsoever
lawfully claiming, or to claim, the same or any part thereof.
4.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed on this the day of , 2002.
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
5.
THE STATE OF TEXAS
COUNTY OF
THE STATE OF TEXAS
COUNTY OF
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENTS
§
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
6.
Notary Public, State of Texas
§
§
This instrument was acknowledged before me on the __ _ day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
7.
§
§
Notary Public, State of Texas
§
§
§
Notary Public, State of Texas
2t, /ide Waterline Easement
Page 1 of 2
DESCRIPTION
FOR A 2.142 ACRE WATERLINE EASEMENT OUT OF THE J. PATTERSON
SURVEY, ABSTRACT NO. 502, AND THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO. 295, IN WILLIAMSON COUNTY, TEXAS, SAID EASEMENT
BEING A PORTION OF THAT CALLED 185 ACRE TRACT CONVEYED TO C. A.
BARTON, ET. AL, BY DEED RECORDED VOLUME 319 ON PAGE 524 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE an iron rod found for the most northerly southeast
corner of that called 82.8658 Acre tract of land conveyed to William D. Kelley Charitable
Trust by Deed recorded as Document No. 9873761 of the Official Records of said
county, same being the northeast corner of that called 0.50 Acre tract of land conveyed to
Capitol City Oil Company by deed recorded in Volume 1939, Page 37 of the Official
Records of said county, and said point being on the west line of said 185 Acre tract;
THENCE with the west line of said 185 Acre tract, and the east line of said 82.8658 Acre
tract, N 20°45'46" W for a distance of 345.36 feet to the most northerly southwest comer
and POINT OF BEGINNING hereof;
THENCE continuing with the west line of said 185 Acre tract; and the east line of said
82.8658 Acre tract, N 20M5'46" W a distance of 20.00 feet to the northwest comer
hereof;
THENCE departing said line, through the interior of said 185 Acre tract, the following
eleven (11) courses and distances:
1) N 67°57'36" E a distance of 35.01 feet to an angle point hereof,
2) S 20 °45'46" E a distance of 253.66 feet to an angle point hereof,
3) N 69°00'52" E a distance of 8796 feet to an angle point hereof
4) S 21 °07'08" E a distance of 259.85 feet to an angle point hereof,
5) N 68°34'41" E a distance of 828.00 feet to an angle point hereof,
6) N 21°25'19" W a distance of 10.00 feet to an angle point hereof,
7) N 68°34'41" E a distance of 148.00 feet to an angle point hereof,
8) S 21°25'19" E a distance of 10.00 feet to an angle point hereof,
9) N 68 °34'41" E a distance of 1557.68 feet to an angle point hereof
10) N 23 °48'00" E a distance of 62.92 feet to an angle point hereof, and
11) N 68°48'00" E a distance of 51.70 feet to a point on the east line of said 185
Acre track same being the west line of County Road 116, for the northeast
comer hereof
THENCE with the east line of said 185 Acre tract, and the west line of said County
Road 116, S 21 °17'31" E a distance of 25.00 feet to a point for the most northerly
southeast comer hereof;
THENCE departing said line, through the interior of said 185 Acre tract, the following
seven (7) courses and distances:
1) S 68 °48'00" W a distance of 4198 feet to an angle point hereof,
2) S 23 °48'00" W a distance of 69.96 feet to an angle point hereof
FX h;blf t`Iii
Page l o& 5
2(; ide Waterline Easement
Page 2 of 2
3) S 68°34'41" W a distance of 2559.10 feet to a point on east line of that called
0.696 Acre tract of land conveyed to the City of Round Rock by deed recorded in
Volume 547, Page 122 of the Deed records of said county for an angle point
hereof;
4) with the east line of said 0.696 Acre tract, N 21 °07'08" W a distance of 270.00
feet to a point for the northeast corner of said 0.696 Acre tract, and an angle point
hereof;
5) with the north line of said 0.696 Acre tract, S 69 ° 00'52" W a distance of 88.09
feet to a point for an angle point hereof,
6) departing the north line of said 0.696 Acre pact, N 20 °45'46" W a distance of
253.29 feet to an angle point bereof and
7) S 67°57'36" W a distance of 15.00 feet to the POINT OF BEGINNING and
containing 2.142 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, 2001.
BAKER - AICKLEN & ASSOCIATES, INC.
20313. Main Street, Suite 201 t -- Lawrence A. Hunt -7 /o_
Round Rock, TX 78664 RP.L.S. #4328 ,c.o¢v•s
W:WROJECISHmR \WES7WGHOtSEVASE enoS1DOCSARTOWES T.da°
285 -716-20
F,c6sb'� "
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f /AAiU�bPq�lltY
o m
N
m
BEGINNING
FOR
REFERENCE
d
0
50 SKETCH TO ACCOMPANY DESCRIPTION
60'
"";??,1r
B1 B6'
uO
FRANCIS A. HUDSON A -295
_uraaairAT7ranw ar uilnsv l.w —
L_
0'
J. PA11 FERSON A -5O2
50'
SUBJECT TRACT
WATERLINEEA$EMENT
248 AC
t .•34W M !SSW
C. A. BARTON. ET. AL.
VOLUME 319, PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
MAY 1, 000E - REVISED PROPOSED WATERLINE
EASEMENT AND TEMPORARY WORK SPACE
EASEMENT BOUNDARIES.
SCALE: 1
TEMPORARY WORK SPACE l
EASEMENT (WIDTH VARIES)
CR 1I1 WESTINGHOUSE RD.
TEMPORARY WORK SPACE EASEMENT EXHIBIT 'A
BY: C.C.W./TJR
JOB No.: 285- 716 -20
PLOT DATE: MAY 1, 2002
s 1/2" IRON ROD FOUND
O s CAPPED 1/2" IRON ROD SET
HUMBER
LI
8
L3
LI
LB
Li
LT
LB
La
L10
41
BEARING
w 2046446' 8
N Br37'38 E
w tr16Y9 w
a tr2849' E
w 06•8'00' E
N 6B48t0'
e ami3r
a aa4eb0' w
8 23'18'00' w
8 69'0098• W
a ara7'as' w
ONITI000
1100'
3101'
10.00'
10.00'
save
017
1100'
Ilan'
EBBW
9
UAW
File: W:\ PROJECT 3 \HDR \WESTINGHO \DWG \ESMT– BARTON.DWG
LEGEND
44P E Me.00'
PACE 1 OF 3
Baker- Aloklen
#
Associates, Inc:
Enpin.wn /Surv•yo's
SKETCH TO ACCOMPANY DESCRIPTION Ma_ND
• • 1/2" IRON ROD FOUND
0 S: CAPPED 1/2" IRON ROD SET
SCALE: 1' 1oo'
SUBJECT MGT
W ATERLINE EASEMENT
ME AC
J. PATTERS ON A-502
C. A. BARTON, ET. AL.
VOLUME 519• PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
•
m /
N 68 4f E 1337.88•
F.
.
50' I TEMPORARY WORK SPACE EASEMENT (WIDTH VARIES)]
s 69•efV1•wzeel » TEMPORARY WORK SPACE EASEMENT
`
CR 111 WESTINGHOUSE RD.
2
Z
EXHIBIT 'A'
- PAGE 2 OF 3
MAY 1, 2002 - REVISED PROPOSED WATERLINE BY: C.C.W./
EASEMENT AND TEMPORARY WORK SPACE JOB No.: 285 - 718 -20
EASEMENT BOUNDARIES. PLOT DATE MAY 1. 2002
Baker- Alcklen
& Associates, Inc.
EngMairs /Surv•yon
File: Wy\ PROJECTS \HDR \WES11N`K0 SE\EASEMEM'S \DWG \ESMT— BA RTON.
LEGEND
• = 1/2" IRON ROD FOUND
O = CAPPED 1/2" IRON ROD SET
J. PA r ERSO1\J A -502
C. A. BARTON, ET. AL.
VOLUME 319. PAGE 524
W.C.D.R.
CALLED 185 AC
FIRST TRACT
TEMPORARY WORK SPACE EASEMENT (WIDTH VARIES)]
r— TEMPORARY WORK SPACE EASEMENT
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1=100'
INAIRECT TRACT
WATERLINE C SEMENT
2.142 AC
I 50'
NaCa VYE MST.
8 SIN WI' 9659.10
MAY 1, 2002 - REVISED PROPOSED WATERLINE
EASEMENT AND TEMPORARY WORK SPACE
EASEMENT BOUNDARIES.
L3
CR III WESTINGHOUSE RD.
NUMBER
u
LY
L3
11
LT
LID
Lu
BEAMS
N 30•43'/0'
x 6)•0)'36 E
3 tx3519 W
a 9x3019• E
N13
N1318t0'E
3 ANISRI E
a pwb0 w
a t8.' /0'00• W
$ $•00 3t W
3 BT•ST'a6 w
DISTANCE
LO.
33.0)
moo'
D.00'
88.9t'
Salo'
2=00'
ua9'
$9.86'
08.09'
5.03'
0Y: C.C.W./TJR
JOB No.: 205- 716 -20
PLOT DATE: MAY 1, 2002
P ARq-
p Ap SO,y p 4,4"
h, CT A8 7
L O T 2
WESTINHOUSE RD.
JOINT VENTURES LTD.
1772/876
O.P.R.W.C.T.
EXHIBIT 'A'
PACE 3 OF 3
Baker- Alcklen
& A•noclste•, Inc.
Enyln..n /Survsyora
File: W: PRO, JECTS\ HDR\ WESTINGHOIISAEASEMENTS \DWC \ESMT— BARTON.DWG
Tree Tag
Number
Trunk$ize(s)
Tree Type
Action
11147
12"
Live Oak
Protect
11148
9"
Live Oak
Protect
11149
12'
Live Oak
Protect
11150
6"
Cedar Elm
Protect
11161
8"
Nackberry
Remove
11152
8"
Cedar Elm
Protect
11153
11•, )"
Live Oak
Protect
11154
11'
Live Oak
Protect
11155
14"
Cedar Fin
"rotect
11159
21"
Live Oak
Protect
11167
22"
Live Oak
Protect
11164
12"
Pecan
Protect
11165
IT
Pecan
Protect
11165
13"
Pecan
Protect
11169
8", 5'
Pecan
Protect
11169
13'
Pecan
Protect
11169
3%13",
13 ",
14",
17" WQow Protect
City of Round Rocks
Fast Transmission Line Phase 1
'free List for Barton Property
"B
DATE: , 2002
GRANTORS: Carrie Ann Barton Toungate Smith; Charles Grady Barton; Hilda Rose
Barton; Merry Carol Williams Rodriguez, Individually and as custodian for Dalton Wade
Williams Rodriguez; Terri Leanne Williams Zaleski, Individually and as custodian for
Savannah Liann Wisian
GRANTOR'S ADDRESS:
SANITARY CONTROL EASEMENT
GRANTEE: City of Round Rock
GRANTEE'S ADDRESS: 221 East Main Street, Round Rock, Texas
SANITARY CONTROL EASEMENT:
Purpose, Restrictions, and Uses of Easement:
1. The purpose of this easement is to protect the water supply of the well
described and located below by means of sanitary control.
2. The construction and operation of underground petroleum and chemical
storage tanks and liquid transmission pipelines, stock pens, feedlots, dump
grounds, privies, cesspools, septic tank or sewage treatment drainfields,
improperly constructed water wells of any depth, and all other construction
or operation that could create an insanitary condition within, upon, or across
the property subject to this easement are prohibited within this easement. For
the purpose of the easement, improperly constructed water wells are those
wells which do not meet the surface and subsurface construction standards
for a public water supply well.
3. The construction of tile or concrete sanitary sewers, sewer appurtenances,
septic tanks, storm sewers, and cemeteries is specifically prohibited within
a 50 -foot radius of the water well described and located below.
4. This easement permits the construction of homes or buildings upon the
Grantor's property as long as all items in Restrictions Nos. 2 and 3 are
recognized and followed.
5. This easement permits normal farming and ranching operations, except that
livestock shall not be allowed within 50 feet of the water well.
The Grantor's property subject to this Easement is described in the documents
recorded at:
Volume 319, Page 524 of the Real Property Records of Williamson County, Texas.
Property Subject to Easement:
1. All of that area within a 150 foot radius of the water well located 96 feet at
a radial of 39 degrees from the Southwest comer of the 0.69 acre tract,
recorded in Volume 547, Page 122 of the County Plat Records, Williamson
County, Texas.
@,ODMA/WORLDOX /O:/W DOX /CORR/IINUEA
EXHIBIT
C
509,W51
2. All of that area within a 150 foot radius of the water well located 368 feet at
a radial of 78 degrees from the Southwest comer of the 0.69 acre tract,
recorded in Volume 547, Page 122 of the County Plat Records, Williamson
County, Texas.
TERM: This easement shall run with the land and shall be binding on all parties and persons
claiming under the Grantor(s) until the use of the subject water well as a source of water for
public water systems ceases.
ENFORCEMENT: Enforcement of this easement shall be proceedings at law or in equity
against any person or persons violating or attempting to violate the restrictions in this
easement, either to restrain the violation or to recover damages.
INVALIDATION: Invalidation of any one of these restrictions or uses (covenants) by a
judgement or court order shall not affect any of the other provisions of this easement, which
shall remain in full force and effect.
FOR AND IN CONSIDERATION, of the sum of One Dollar ($1.00) and for other good and
valuable consideration paid by the Grantee to the Grantor(s), the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey to Grantee and to its successors
and assigns the sanitary control easement described in this easement.
GRANTORS:
Came ..nn Barton Toungate
Charles Grady Barton
Hilda Rose Barton
Merry Carol Williams Rodriguez,
Individually and as Custodian for
Dalton Wade Williams Rodriguez
Terri Leanne Williams Zaleski,
Individually and as Custodian for
Savannah Liann Wisian
2.
STATE OF TEXAS
COUNTY OF
STATE OF TEXAS
COUNTY OF
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on the day of
2002, personally appeared CARRIE ANN BARTON TOUNGATE SMITH, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that she executed the same for the purposes and consideration therein expressed.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on the day of
2002, personally appeared CHARLES GRADY BARTON, known to me to be the person
whose name is subscribed to the foregoing instrumer, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on the day of
2002, personally appeared HILDA ROSE BARTON, known tome to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
3.
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
§
§
BEFORE ME, the undersigned authority, on the day of
2002, personally appeared MERRY CAROL WILLIAMS RODRIGUEZ, Indivudally and
as custodian for Dalton Wade Williams Rodriguez, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed.
STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
Printed Name:
My Commission Expires:
ACKNOWLEDGMENT
§
§
BEFORE ME, the undersigned authority, on the day of
2002, personally appeared TERRI LEANNE WILLIAMS I, Individually and as
custodian for Savannah Liann Wisian, known to me toerson whose name is
subscribed to the foregoing instrument and acknowledged to me that she executed the same
for the purposes and consideration therein expressed.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
4.
@::ODMA/ W ORLDOX /OI W DOX/CORRNN VEA ST IRAN: BART
RELEASE
Carrie Ann Barton Toungate Smith; Charles Grady Barton;
Hilda Rose Barton; Merry Carol Williams Rodriguez, Individually
and as custodian for Dalton Wade Williams Rodriguez; Terri Leanne
Williams Zaleski, Individually and as custodian for Savannah
Liann Wisian, and their successors and assigns, hereinafter
referred to as "Barton" (whether one or more), for and in
consideration of the payment of TEN and NO /100 ($10.00) DOLLARS
and other good and valuable consideration in hand paid to Barton
by the CITY OF ROUND ROCK, TEXAS, a home rule municipal
corporation situated in the County of Williamson, State of Texas,
( "City "), the receipt of which is hereby acknowledged hereby
releases City from all claims, demands, causes of action, duties
and /or obligations arising from of directly related to those
terms and conditions identified as (d), (e), (f) and (g) as
listed on the back side of the first page in that certain deed
dated March 21, 1972 and filed for record as document number 7293
in the Official Records of Williamson County, Texas as well as
paragraphs 10 and 11 that certain agreement between Barton and
City dated March 20, 1972. Said deed and agreement are
collectively attached hereto as Exhibit "A" and are incorporated
herein by reference for all purposes as if copied herein verbatim
EXHIBIT
WE HAVE CAREFULLY READ THIS FINAL RELEASE OF ALL CLAIMS AND
FULLY UNDERSTAND IT. WITNESS OUR HAND this day of
, 2002.
THE STATE OF TEXAS
COUNTY OF
By:
Printed Name:
Title:
By:
Printed Name:
Title:
By:
Printed Name:
Title:
By:
Printed Name:
Title:
By:
Printed Name:
Title:
ACRNOWLEDCITS
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
§
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF
THE STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
§
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
Notary Public, State of Texas
NOTICE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON.
Prepared by the State Bar of Texas for use by Lawyers only. 8- 71 -15M
To select the proper form, f11 in blank spaces, strike out form provisions or insert
special tams arms 8rta the practice of law, No "standard form" can meet all
requirements.
WARRANTY DEED
(LONG FORM)
That WE, C. A. BARTON and wife, OLLIE BARTON
7293
KNOW ALL MEN El' THESE PRESENTS:
.}
of the County of Williamson and State of Texas for and in
consideration of the sum of Five thousand and N0 /100 ($5,000.00) DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged, and - the further consideration of $12, 500.00 cash
which is paid as liquidated damages for damage sustained by the- remain—
ing acreage out of which the hereinafter described 0.696 and .230
tracts are a part;
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
The City of Round Rock, Texas,
of the County of Williamson - and State of Texas -
all of
the following described real property in . Williamson
County, Texas, to-wit:
FIRST TRACT: All that certain 0.696 acre tract' or parcel of land lying
and being situated in Williamson County, Texas, out of the James S.
Patterson (Robbins) Survey, Abstract No. 502 and being part of and out
of a 186 acre tract of land conveyed to C. A. Barton by deed dated
November 24, 1943, and recorded in Vol. 319, Page 524, Deed Records,
Williamson County, Texas, and being more fully described as follows:
BEGINNING at an iron pin found at the Southwest corner of said C.A.
Barton traot, the Southwest oorner of said J. S. Patterson (Robbins)
Survey for the Southwest corner of this tract;
THENCE with C. A. Barton South fence line, North 71° East, 100 at to a
point for corner; f,ArY' ��
THENCE North 19° and 08' West, 300 feet to a point for corner
THENCE South 71° West, 100 feet to a point in said C. A. Barton
West fence line for the Northwest corner of this tract;
THENCE with said C. A. Barton West fence, South 17° 54' East, 92.48
feet to an iron pin found.
THENCE with said fence line, South 19° and 43' East, 207.58 feet to the
PLACE OF BEGINNING and being 0.696 acres of land.
SECOND TRACT: All that certain 0:230 acre tract or parcel of land lying
and being situated in Williamson County, Texas, out of the Francis A.
Hudson Survey, Abstract No. 295 and being part of and out of a 186
acre tract of land conveyed to C. A. Barton by deed dated November 24,
1943, recorded in Vol. 319, Page 524, Deed Records, Williamson County,
Texas, and being more fully described as follows:
BEGINNING at the Northeast corner . of the herein described tract, said
point being located South 19 East, 433.02 feet and South 71° West,
281.60 feet from the Northeast corner of said C. A. Barton tract;
THENCE parallel to said C. A. Barton, East line, South 19° East, 100
feet to a point for corner;
THENCE South 71° West, 100 feet, a point for corner;
THENCE North 19 West, 100 feet, a point for corner;
THENCE parallel to said C. A. Berton, North line, North 71° East, 100
feet to the Place of Beginning and containing 0.230 acres of land, more
or less.
This Deed is made and executed subject to the following terms and
conditions:
The City of Round Rock, Texas, shall not paint or write any
s on the storage tanks placed on the property herein described;
The City of Round Rock, Texas, shall install all necessary
rods, fences and gates at its own expense;
Grantors herein will provide all easements incidental to the
use Of the property described herein and which are within the limits
o ty owned by them;
The City of Round Rock agrees to place a fire hydrant no
r than 300 feet from present residence of Grantors;
City of
supply to hiscressidence line to
to receive
f water for their household needs;
The City of Round Rock shall install adequate water pump and
preafiure tank on well now owned by Grantors for pressure to pump
water to their garden site. Grantors to furnish any and all piping
a'essure tank to garden site.
(g) The City of Round Rock.shail place a water tap close to the
s e the Baptist Church on Grantors' property, so they may connect
to water supply at their expense;
(h) Notwithstanding anything to the contrary herein, the provisions
of the two agreements dated March 20, 1972, shall be complied with
fully.
FAli I' :q
A,. 2 J"7
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
cesors
appurtenances thereto in anywise belonging, unto the said grantee suc
its sheex assigns forever;
and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said grantee , its successors
4tetewand assigns, against every person whomsoever lawfully claiming or to clahn" the same or any part thereof.
EXECUTED this a•1 day of
March
on
,A.D.19 72.
OTfie Bow
(Acknowledgment)
THE STATE OF TEXAS - )
COUNTY 09 Williamson. )) - Before me, the undersigned authority, on this day personally appeared
C. A. Barton and wife, 011ie Barton
known to iso \a be tt}y g65East;....whose nam aa
..Lem ab
ba ed to the foregoing instrument, and acknowledged to rye
that...._.. �{ fl a for the purposes and consideration thereto expressed.
Given iriermy'hindand lds}nf -office on this the ,2%0, d of March
A. D. 19 72.
Notary pu4 a fn an [or y�t31=1 County, Texas.
iZ.. -1 eq ac;g jjis'..
•
a..
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( ll- ._. ToA uI - vmo3 PM.W eProonli � x vit -
+
spry f (./J
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saws nn ur prom sop 9.11
THE STATE OF TEXAS
CO1INTY OF
(Acknowledgment)
Before me, the undendgned authority, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me
that___ he _,_executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the day of , A. D. 19 .
5
O
F
THE STATE OF TEXAS
COUNTY OF
Given under my hand and seal of office on this the
Not Pub lic in and for __......_._�.._..__ -m County, Texas.
aTi' County, Texas.
(Corporate acknowledgment)
Notary Public In and for
t z
� U
1, C
a Oa
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� C d
C d
Before me, the undersigned authority, on this day personally appeared
of
a corporation, known to me to be the person whose name is subscribed, to the foregoing instrument, and acknowledged to me that
he executed the some for the purposes and consideration therein expressed, In the capacity therein stated and as the act and deed of
said corporation,
day of A. D.19 .
eg
THE STATE OF TEXAS,
COUNTY OF WILLIAMSON.
g,„ r 9
: KNOW ALL MEN BY THESE PRESENTS:
This Agreement is made this 441 day of March, 1972,
between C. A. Barton and wife, 011ie Barton and The City of
Round Rock, Texas, and provides as follows:
WHEREAS, on the ay of March, 1972, C. A. Barton
and wife, 011ie Barton, executed a certain Warranty Deed to
the property described on Exhibit "A ", attached hereto and made
a part hereof, for all purposes; and
WHEREAS, the City of Round Rock, Texas, has paid the
said C. A. Barton and wife, 011ie Barton, the sum of *17,500.00
for the execution of said Deed and for damages done to the re-
maining property; and
WHEREAS, The City of Round Rock has designated said
property to be used as a site for a water well; and
WHEREAS, the parties agree that the site described
above may not produce a sufficient water wall;
THEREFORE, the parties covenant and agree as follows:
(a) That if after testing the site described above,
it is determined that a suitable water well cannot be secured
then the City of Round - Rock, Texas, will reconvey the property
described above to the said C. A. Barton and /change therefor
the said C. A. Barton will convey a similar .696 and .230 acre
tract of land out of the 186 acre tract, which he presently owns,
which will lie as near the original site as possible. to be selected by
both parties
,(b) The City of Round Rock, Texas, further agrees that
if it becomes necessary for a new site to be used, it will re-
turn the original site to as near the same condition as it was
prior to the tests performed thereon; however, if C. A. Barton desires
to use such well or wells, said City shall not plug same.
(o) The City of Round Rock, Texas, further agrees that
all of the expense of carrying out the above agreements will
be borne by it.
1972.
EXECUTED IN TRIPLICATE this day of March,
rrk4# "4
U fa_
OLLIE BARTON
THE CITY OF ROUND ROCK,TEXAS
ALE
8
ERR
Mayor
p -41Z1
J
TTON, City Councilman
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
WHEREAS, City of Round Rock desires to purchase two (2)
tracts of land one being 100' x 100' for a 500,000 gallon
storage tank and one being 100' x 300' for water wells site
and a 15' wide water line easement, all as reflected on the
attached exhibit "A" plat; and,
WHEREAS, Round Rock shall pay C. A. Barton $17,500.00
for the conveyance of the land and easements necessary to
carry out the plans set forth in Paragraphs 1 -4 in said
proposal, a copy of said proposal being attached hereto for
identification; and, therefore, it is agreed bysaid parties
as follows, to -wit:
A. For said sum of $17,500.00 C. A. Barton agrees to
convey fee title to a tract of land 100 feet by 100 feet
in size for use only as a site for 500,000 gallon water
storage tank and a tract 100 feet by 300 feet for use only as
a site for two water wells and C. A. Barton agrees to grant
the 15' wide pipeline easement for the installation and
maintenance of the 14" pipeline. The exact location
of said sites and said easements are to be determined by
mutual agreement of the parties, but are substantially as
shown on said plat.
B. Additional covenants between said parties are as
follows:
(1) Should the City of Round Rockcease to use
said land for such purposes, C. A. Barton and 011ie Barton
shall have the right to repurchase same for $50.00 cash.
(2) No printing or writing of any character shall
be placed on said storage tank.
(3) Both building sites shall be fenced with
metal cyclone fences and all necessary roads, fencing,
gates and the like shall be installed by Round Rock at its
cost and expense and shall be of the type mutually agreed
upon by the parties; however, no cattle guards shall be
installed. Metal gates shall be used and double gates
shall be installed at locations marked "XX" on said plat.
(4) All installations and maintenance of fences,
gates and roads shall be at the expense of Round Rock.
(5) The location of all entrances, roads and the
rights -of -way shall be determined by mutual agreement but
shall be substantially as shown on the exhibited plat.
(6) All surveying expense incident to this trans-
action shall be paid by Round Rock.
(7) Any and all damage to crops, present
roads or otherwise caused by Round Rock, its agents, employees,
servants and personel in doing such work shall be paid by
Round Rock to C. A. Barton in connection with the initial
installation of such facilities and also any such damages
that occur in future years. In the event these parties
are ever unable to agree as to the amount of such damages
the matter shall be resolved by arbitration with each party
designating one arbitrator for each and they shall name
a third who shall report their decision in writing. After
the aggrieved party has appointed an arbitrator he shall
notify the other party who shall have five (5) days to appoint
such arbitrator and the said two arbitrators shall appoint
the third within five days and the three shall decide by
majority vote within ten (10) days.
(8) Of the $17,500.00 consideration, $12,500.00
shall be allocated and paid as damage to remaining land
and the $5,000.00 shall constitute payment for the storage
tank, well tract and said easements.
61.4 Afi
(9) This agreement relates to the initial
installation of said water wells, storage tank and the
14" water line and any future installation of other lines,
or other facilities shall constitute a new project and shall
be negotiated prior to installation.
(10) Round Rock shall also provide a 2" water line
which may be connected to by the Baptist Church located
west of the Barton property at the Baptist Church expense.
(11) The City of Round Rock agrees to place a
fire hydrant that will fit City fire trucks no further than
300 feet from C. A. Barton residence served by 2 -4"
water line and the City of Round Rock agrees to lay, install
and connect a 1 -1/2" water line from said plug to C. A.
Barton's present water supply at his residence and C. A.
Barton is to receive free water from his present water
lines. There shall be no irrigation from this source of
water.
This agreement shall be valid only after being exeeuted
by C. A. Barton and wife, 011ie Barton, and City of Round
Rock. Executed this 20th day of Maych, 1972.
CITY OF ROUND ROCK:
BY:
L. A. BART
N
RELEASE
This Release is made and entered into on this the _ day of , 2002,
by and among The City of Round Rock ( "City ") and Carrie Aim Barton Toungate Smith; Charles
Grady Barton; Hilda Rose Barton; Merry Carol Williams Rodriguez, Individually and as custodian
for Dalton Wade Williams Rodriguez; Terri Leanne Williams Zaleski, Individually and as custodian
for Savannah Liann Wisian ( "Barton ") hereinafter collectively referred to as "Parties ".
I.
RECITALS
WHEREAS The City of Round Rock has, pursuant to the terms and conditions identified as (d),
(e), (1) and (g) as listed on the back side of the first page in that certain deed dated
March 21, 1972 and filed for record as document number 7293 in the Official
Records of Williamson County, Texas as well as paragraphs 10 and 11 of that certain
agreement between Barton and City dated March 20, 1972, (hereinafter referred to
collectively as "Conditions ") supplied Barton with a connection to City water system
and has provided Barton with free water service for more than thirty years. Said deed
and agreement are collectively attached hereto as Exhibit "A" and are incorporated
herein by reference for all purposes as if copied herein verbatim;
WHEREAS The City of Round Rock, wishes to abandon the water system connection and
terminate the free water service to Barton;
In consideration of the mutual covenants and promises contained herein and in the Settlement
Agreement executed by the Parties of even date herewith and for other good and valuable
consideration, receipt of which is hereby acknowledged Barton agrees to the following:
EXHIBIT
II.
RELEASE
1. Barton has ACQUITED, RELEASED, and FOREVER DISCHARGED and by these
presents does hereby ACQUIT, RELEASE, and FOREVER DISCHARGE City of
any and all claims, demands or causes of action, at law or in equity, either in contract
or in tort, as well as any other character or kind of action now held, owned or
possessed by Barton, in whole or in part, which it may now or hereafter claim to hold
or possess, on account of, growing out of, or related to or concerning, either directly
or indirectly the Conditions.
2. It is understood and agreed that this a FULL AND FINAL RELEASE AND
DISCHARGE of the Parties, for any matter or thing dealt with herein, and that the
same may be pleaded as an absolute and final bar to any and all suits pending, or
which may hereafter be pending or prosecuted by either Party.
X ICORBNNI /EASTTMWBAHTOMOTHERDOC/000J3I2S WPD/ek
Attest:
Both Parties agree, represent, and warrant to the other that:
The Parties each stipulate and agree that they have relied upon their own judgment,
belief and knowledge of the existence, nature and extent of this Release, and that they
have not be influenced to any extent in entering into this Release by any
representations or statement made by any other party, except for the agreements,
stipulations, representations and warranties expressly made herein or in the
Settlement Agreement between the Parties of even date herewith. The Parties further
acknowledge that none owes the others any fiduciary duty and that none has relied
upon any other in a confidential or trust relationship in entering into this Release.
Furthermore, the Parties acknowledge and agree that this Release is the product of
arms- length negotiations.
2, This writing contains the entire agreement of the Parties relating to the matters
addressed herein and supersedes all other agreements, whether they be oral or in
writing. Any changes to this Release must be in writing and attached hereto and
must be signed by both parties.
3. This Release shall be binding upon and shall inure to the benefit of all the Parties and
their respective heirs, executor, administrator, personal representatives, successors
and assigns.
4. The Parties agree that Williamson County, Texas is the place of performance of the
duties of the Parties and that Williamson County, Texas is the proper venue for any
disputes arising out of this Release.
AGREED TO AND ACCEPTED AS TO FORM AND CONTENT THIS DAY OF
, 2002, BY:
By:
Christine Martinez
City Secretary
III.
REPRESENTATIONS AND WARRANTIES
The City of Round Rock
By:
Nyle Maxwell
Mayor
Carrie Ann Barton Toungate Smith
Charles Grady Barton
Hilda Rose Barton
Merry Carol Williams Rodriguez,
Individually and as custodian for
Dalton Wade Williams Rodriguez
Terri Leanne Williams Zaleski,
Individually and as custodian for
Savannah Liann Wisian
NOTICE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON.
Prepared by the State Bar of Texas for use by Lawyers only. 8- 71 -15M
To select the proper form, fill in blank spores, strikeout f provjst� or insert
m
special ta s ronrdlutes the practice f w. la No - standard form" t all
requirements
WARRANTY DEED
(LONG FORM)
That WE, C. A. BARTON and wife, OLLIE BARTON
7293
of the County of Williamson. and State of Texas
for and in
consideration of the sum of Five thousand and N0 /100 ($5,000,00)------- DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
whirl`>sbereby acknowledged. and the' further consideration of $12,500.00 cash
which is paid as liquidated damages for damage sustained by the -remain-
ing acreage out of which : the hereinafter described 0.696 and .230
tracts are a part;
KNOW ALL MEN BY THESE PRESENTS:
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
The City of Round Rock, Texas, .
of the County of Williamson - and State of Texas
- - t .all
the following described real property in . ;Williamson
County. Texas,.to-wif:
FIRST TRACT: All that certain 0.696 acre tractor parcel, of land lying
and being situated in .Williamson County, Texas, out of the James S.
Patterson (Robbins) Survey, Abstract. No. 502 and being part of and out
of a 186 acre tract of land conveyed to C: A. Barton by deed dated
November 24, 1943, and recorded in Vol. 319, Page 524, Deed Records,
Williamson County, Texas, and being more fully describe_d'as follow$:
BEGINNING at an iron pin found at the Southwest corner of said C.A.
Barton tract, the Southwest oorner of said J. S. Patterson (Robbins)
Survey for the Southwest corner of this tract;
THENCE with C. A. Barton South fence line, North 71° East, 100 to a
point for corner; r ,, 4 -
THENCE North 19° and 08' West, 300 feet to a point for corner
THENCE South 71° West, 100 feet to a point in said C. A. Barton
West fence line for the Northwest corner of this tract;
THENCE with said C. A. Barton West fence, South 17° 54' East, 92.48
feet to an iron pin found.
THENCE with said fence line, South 19° and 43' East, 207.58 feet to the
PLACE OF BEGINNING and being 0.,696 acres of land.
SECOND TRACT: All that certain. 0:230 acre tract or parcel of land lying
and being situated in Williamson County, Texas,, out of the Francis A.
Hudson Survey, Abstract No. 295 and being part of and out of a 186
acre tract of land conveyed to C. A. Barton by deed dated November 24,
1943, recorded in Vol. 319, Page 524, Deed Records, Williamson County,
Texas, and being more fully described as follows:
BEGINNING at the Northeast corner . of the herein described tract, said
point being located South 19° East, 433.02 feet and South 71° West,
281.60 feet from the Northeast corner of said C. A. Barton tract;
THENCE parallel to said b. A. Barton, East line, South 19° East, 100
feet to a point for corner;
THENCE South 71° West, 100 feet, a point for oorner;
THENCE North 19° West, 100 feet, a point for corner;
THENCE parallel to said C. A. Barton, North line, North 71° East, 100
feet to the Place of Beginning and containing 0.230 acres of land, more
or less.
This Deed is made and executed subject to the following terms and
conditions:
The City of Round Reck,.Texas, shall not paint or write any
on the storage tanks placed on the property herein described;
The City of Round Rock, Texas, shall install all necessary
r ds, fences and gates at its own expense;
Grantors herein will provide all easements incidental to the
use Of the property described herein and which are within the limits
o ty owned by them;
The City of Round Rock agrees to place a fire hydrant no
r than 300 feet from present residence of Grantors;
The City of Round Rock shall connect water line to Grantors
pre = =.t water supply to his residence and Grantors are to receive
f., water for their household needs;
pr The City of Round Rock shall install adequate water pump and
waterure on well now owned by Grantors for pressure to pump
garden site. Grantors to.furnish any and all piping
f in T e „ essure tank to garden site.
a ( e ' C of Round Ron Grantors8Cero Water tap close to the
to water supply at their expense; P p� so they may connect
(h) Notwithstanding anything to the contrary herein, the provisions
of the two agreements dated March 20, 1972, shall be complied with
fully.
L. ,/r
Fxi li+ r
D __ v —Fq
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in an suc
pp ywise belonging, unto the said grantee , its �eitxand assigns forever;
and we do hereby bind ourselves, our -- heirs, executors and administrators to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said grantee , its successors
Xtetacand assigns, against every person whomsoever lawfully claiming br to claim the same or any part thereof.
THE STATE OF TEXAS
couNTY OF Williamson.
EXEcVTED this 2'( day of March
,A. D. 19 72. •
(Acknowledgment)
C. A.
Before me, the uaderdgncd autheattY. on this dal' peaopafy appearad
C. A. Barton and wife, 011ie Barton
known to me be,tllp , q - _.whma Game. &_aL6obscribed to the foregoing instrument, ent, and acknowledged to ins
t hat— ±4;. °"�""" — for the psuyoses and consideration therein expressed.
Girea xnnde any ndiaa Ma [ 9 o@iceoatlds the .2h ?. d of March ,A. D. 19 72.
Notary IYblio in and for 1 1amsOn County, Texas.
(IarT -r
THE STATE OF TEXAS
COUNTY OF . ..
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Before me, the undersigned =theft, on this doy p0000nally apPeazed
known to me to be the person__ whose name subsedbed to the foregoing instrument, and acknowledged to me
that executed the same for the purposes and consideration therein expressed.
Caren under my hand and seal of office on tide the day of
Notary Public in and for Cdarty, TEXAS.
THE STATE OF TEXAS
COUNTY OF
• cc-
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f=1
(Acknowledgment)
(Corporate acknowledgment)
Given under my hand and seat of office on this the day of
_.__.._._.
Notary public in and for
,A. D. 19
C-1
01
Before me, the undersigned authority, on this day persona0y appeared ..
of
a corporation, known to me to he the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
6e executed the same for the purposes and conaidemtion therein expressed, in the capacity therein stated and as the act and deed of
said corporation,
Canty, Texss.
THE STATE OF TEXAS,
COUNTY 0$ WILLIAMSON.
This Agreement is made this,;(/"' day of March, 1972,
between C. A. Barton and wife, 011ie Barton and The City of
Round Rock, Texas, and provides as follows:
WHEREAS, on the /ay of March, 1972, C. A. Barton
and wife, 011ie Barton, executed a certain Warranty Deed to
the property described on Exhibit "A ", attached hereto and made
a part hereof, for all purposes; and
WHEREAS, the City of Round Rock, Texas, has paid the
said C. A. Barton and wife, 011ie Barton, the sum of $17,500.00
for the execution of said Deed and for damages done to the re-
ma;ni g property; and
WHEREAS, The City of Round Rock has designated said
property to be used as a site for a water well; and
WHEREAS, the parties agree that the site described
above may not produce a sufficient water well ; ;
THEREFORE, the parties covenant and agree as follows:
(a) That if after testing the site described above,
it is determined that a suitable water well cannot be secured
then the City of Round Rock, Texas, will reconvey the property
described above to the said C. A. Barton and/ change therefor
the said C. A. Barton will convey a similar .696 and .230 acre
tract of land out of the 186 acre tract, which he presently owns,
which will lie as near the original site as possible -to be selected by
both parties
.(b) The City of Round Rock, Texas, further agrees that
if it becomes necessary for a new site to be used, it will re-
turn the original site to as near the came condition as it was
prior to the performed thereon; however, if C. A. Barton desires
to use such well or wells, said City shall not plug same.
(c) The City of Round Rock, Texas, further agrees that
all of the expense of carrying out the above agreements will
be borne by it.
t
_ r�9
: KNOW ALL MEN BY THESE PRESENTS:
19 72.
EXECUTED IN TRIPLICATE this 1 /1 ,21 " day of March,
trx ;M ,d ry
At. cwi
. OLLIE BARTON '
THE CITY OF ROUND ROCR,TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
WHEREAS, City of Round Rock desires to purchase two (2)
tracts of land one being 100' x 100' for a 500,000 gallon
storage tank and one being 100' x 300' for water wells site
and a 15' wide water line easement, all as reflected on the
attached exhibit "A" plat; and,
WHEREAS, Round Rock shall pay C. A. Barton $17,500.00
for the conveyance of the land and' easements necessary to
carry out the plans set forth in Paragraphs 1 -4 in said
proposal, a copy of said proposal being attached hereto for
identification; and, therefore, it is agreed bysaid parties
as follows, to -wit:
A. For said sum of $17,500.00 C. A. Barton agrees to
convey fee title to a tract of land 100 feet by 100 feet
in size for use only as -a site for 500,000 gallon water
storage tank and a tract 100 feet by 300 feet for use only as
a site for two water wells and C. A. Barton agrees to grant
the 15' wide pipeline easement for the installation and
maintenance of the 14" pipeline. The exact location
of said sites and said easements are to be determined by
mutual agreement of the parties, but are substantially as
shown on said plat.
B. Additional covenants between said parties are as
follows:
(1) Should the City of "Round Rockcease to use
said land for such purposes, C. A. Barton.and:011ie "Barton
shall have the right to repurchase same for $50.00 cash.
(2) No printing or writing of any character shall
be placed on said storage tank.
Et:'b;' "A s
P 7 ad
(3) Both building sites shall be fenced with
metal cyclone fences and all necessary roads, fencing,
gates and the like shall be installed by Round Rock at its
cost and expense and shall be of the type mutually agreed
upon by the parties; however, no cattle guards shall be
installed. Metal gates shall be used and double gates
shall be installed at locations marked "XX" on said plat.
(4) All installations and maintenance of fences,
gates and roads shall be at the expense of Round Rock.
(5) The location of all entrances, roads and the
rights -of -way shall be determined by mutual agreement but
shall be substantially as shown on the exhibited plat.
(6) All surveying expense incident to this trans-
action shall be paid by Round Rock.
(7) Any and all damage to_ growing crops, present
roads or otherwise caused by Round Rock, its agents, employees,
servants and personel in doing such work shall be paid by
Round Rock to C. A. Barton in connection with the initial
installation of such facilities and also any such damages
that occur in future years. In the event these parties
are ever unable to agree as to the amount of such damages
the matter shall be resolved by arbitration with each party
designating one arbitrator for each and they shall name
a third who shall report their decision in writing. After
the aggrieved party has appointed an arbitrator he shall
notify the other party who shall have five (5) days to appoint
such arbitrator and the said two arbitrators shall appoint
the third within five days and the three shall decide by
majority vote within ten (10). days.
(8) Of the $17,500..00 consideration, $12,500.00
shall be allocated and paid as damage to remaining land
and the $5,000.00 shall constitute payment for the storage
tank, well tract and said easements.
:4 ",4 0
(9) This agreement relates to the initial
installation of said water wells, storage tank and the
14" water line and any future installation of other lines,
or other facilities shall constitute a new project and shall
be negotiated prior to installation.
(10) Round Rock shall also provide a 2" water line
which may be connected to by the Baptist Church located
west of the Barton property at the Baptist Church expense.
(11) The City of Round Rock agrees to place a
fire hydrant that will fit City fire trucks no further than
300 feet from C. A. Barton residence served by 2 -4"
water line and the City of Round Rock agrees to lay, install
and connect a 1 -1/2" water line from said plug to C. A.
Barton's present water supply at his residence and C. A.
Barton is to receive free water from his present water
lines. There shall be no irrigation from this source of
water.
This agreement shall be valid only after being executed
by C. A. Barton and wife, 011ie Barton, and City of Round
Rock. Executed this 2Qth day of M° ch, 1972.
C. A. BAR 1
°g
OLLIE BARTON
CITY OF ROUND ROCK:
BY:
MAY
X I :4 7/t- / l Zdj
Exi,1
D__ Ca
r
RESOLUTION NO. R-02-08-08-11G11
WHEREAS, the City of Round Rock has determined there there exists
a public necessity for the acquisition of easements in order to
construct and install the East Transmission Waterline, and
WHEREAS, a proposal has been made with the owners of the
property over which the easements are needed to grant the easements to
the City, and
WHEREAS, the City Council wishes to authorize the Mayor to
execute Settlement Agreement with the owners, 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 Settlement Agreement, a copy of said Settlement
Agreement being attached hereto as Exhibit "A" and incorporated herein.
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 8th day of August, 2002.
AT EST:
CHRISTINE R. MARTINEZ, City Secretar
2
w 4110
Al WELL, Mayor
City of Round Rock, Texas
SETTLEMENT AGREEMENT
This Settlement Agreement ( "Agreement ") is made and entered into on this the day of
, 2002, by and among The City of Round Rock ( "City ") and Carrie Ann
Barton Toungate Smith; Charles Grady Barton; Hilda Rose Barton; Merry Carol Williams
Rodriguez, Individually and as custodian for Dalton Wade Williams Rodriguez; Terri Leanne
Williams Zaleski, Individually and as custodian for Savannah Liann Wisian ( "Barton ") hereinafter
collectively referred to as "Parties ".
I.
RECITALS
WHEREAS the City has determined that there exists a public necessity for the acquisition of a
permanent waterline easement, a temporary construction easement, and a sanitary
control easement, in, on and through the property of Barton in order to construct and
install the East Transmission Waterline, the "Project;"
WHEREAS The City of Round Rock has, pursuant to the terms and conditions of a deed dated
March 21, 1972, supplied Barton with a connection to City water system and has
provided free water service for more than thirty years;
WHEREAS The City of Round Rock, wishes to abandon the water connection and terminate the
free water service to Barton;
WHEREAS Barton has agreed to grant and convey to the City the easements required to complete
the Project;
WHEREAS the City, in consideration for the granting of the permanent waterline easement and
temporary construction easement, has agreed to tender $32,00.00 to Barton and in
consideration for the granting of the Sanitary Control Easement, the City has agreed
to tender $3,000.00 to Barton;
WHEREAS Barton has agreed to release the City from the requirements of supplying a
connection to the City of Round Rock water service and providing Barton with free
water;
WHEREAS In exchange for said release, the City of Round Rock agrees to tender $12,750.00 to
Barton for the purposes of securing the release and allowing Barton to drill a
sufficient well to provide water service to the Property and to allow Barton to remain
connected to the City of Round Rock water service for a period of time not to exceed
nine (9) months from the date that the closing of this Agreement occurs.
THEREFORE, in consideration of the mutual covenants and promises contained herein and
for other good and valuable consideration, receipt of which is hereby acknowledged the City and
Barton do hereby agree as expressed below.
1,,CIDMA/WORLDO%0:WDOX.VORRTRlL EASTTRAN- BARTONOTHERDOC /0003208 WPD
EXHIBIT
nAn
II.
AGREEMENTS
A. For the above stated consideration, Barton agrees to:
1. Grant and convey unto the City of Round Rock, a permanent waterline
easement and a temporary construction easement in, over and through the
property as described on Exhibit "A" attached hereto and incorporated herein
for all purposes and shall grant and convey a sanitary control easement, as
shown generally on Exhibit "B ", sufficient to satisfy the mandates of the
Texas Water Code and shall execute all easements documents required to
effectuate such conveyance to the City;
2. Release the City of Round Rock from the requirements of supplying a
connection to the City of Round Rock water service and providing Barton
with free water;
3. Cause to be drilled, within nine (9) months from the date of the closing of
this Settlement Agreement, a water well sufficient to provide adequate water
service to the property. Barton agrees and acknowledges that at the
expiration of nine (9) months, City will terminate the existing water
connection.
4. Pay their own fees and costs accrued and arising out of this Agreement and
easement conveyance.
B. For the above stated consideration, The City of Round Rock agrees to:
I. Tender payment in the amount of $35,000.00 for the conveyance by Barton
of the easements described in the Recitals above and the execution by Barton
of the easement documents;
2. Tender payment to Barton in the amount of $12,750.00 for the release of the
City of Round Rock from the requirements of supplying a connection to the
City of Round Rock water service and providing Barton with free water;
3. Allow Barton to remain connected to the City water service for a period not
to exceed nine (9) months from the date of the closing of this Agreement and
to continue to provide such service at no charge to Barton for that duration;
4. Pay its own fees and costs accrued and arising out of this Agreement and
easement conveyance.
2.
Attest:
III.
REPRESENTATIONS AND WARRANTIES
Both Parties agree, represent, and warrant to the other that:
1. The Parties each stipulate and agree that they have relied upon their own judgment,
belief and knowledge of the existence, nature and extent of this Agreement, and that
they have not be influenced to any extent in entering into this Agreement by any
representations or statement made by any other party, except for the agreements,
stipulations, representations and warranties expressly made herein. The Parties
further acknowledge that none owes the others any fiduciary duty and that none has
relied upon any other in a confidential or trust relationship in entering into this
Agreement. Furthermore, the Parties acknowledge and agree that this Agreement is
the product of arms - length negotiations.
2. This writing contains the entire agreement of the Parties and supercedes all other
agreements, whether they be oral or in writing. Any changes to this Agreement must
be in writing and attached hereto and must be signed by both parties.
3. This Agreement shall be binding upon and shall inure to the benefit of all the Parties
and their respective heirs, executor, administrator, personal representatives,
successors and assigns.
4. The Parties agree that Williamson County, Texas is the place of performance of the
duties of the Parties and that Williamson County, Texas is the proper venue for any
disputes arising out of this Agreement.
AGREED TO AND ACCEPTED AS TO FORM AND CONTENT THIS DAY OF
, 2002, BY:
By:
Christine Martinez
City Secretary
The City of Round Rock
By:
Nyle Maxwell
Mayor
3.
Carrie Ann Barton Toungate Smith
Charles Grady Barton
Hilda Rose Barton
Merry Carol Williams Rodriguez,
Individually and as custodian for
Dalton Wade Williams Rodriguez
Terri Leanne Williams Zaleski,
Individually and as custodian for
Savannah Liann Wisian
4.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
§
§
(' WORIDOX'O: WDOX/ CORWUNUEASfIRANIBARTON /EASEMENT.012105.WPD!rx
KNOW ALL BY THESE PRESENTS:
That Carrie Ann Barton Toungate Smith; Charles Grady Barton;
Hilda Rose Barton; Merry Carol Williams Rodriguez, Individually and
as custodian for Dalton Wade Williams Rodriguez; Terri Leanne
Williams Zaleski, Individually and as custodian for Savannah Liann
Wisian, and their successors and assigns, hereinafter referred to
as "Grantor" (whether one or more), for and in consideration of the
payment of TEN and NO /100 ($10.00) DOLLARS and other good and
valuable consideration in hand paid to GRANTOR by the CITY OF ROUND
ROCK, TEXAS, a home rule municipal corporation situated in the
County of Williamson, State of Texas, ( "GRANTEE "), the receipt of
which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by
these presents does GRANT, SELL, and CONVEY unto Grantee certain
rights and interests in the nature of a perpetual waterline
easement and a temporary construction easement to construct,
install, operate, maintain, inspect, enlarge, reconstruct, rebuild,
relocate and remove a water distribution system and waterlines,
together with all necessary lines, pipes, conduits, valves, vaults,
manholes, ventilators, and other equipment, improvements and
appurtenances thereto, in, upon, over, under, above and across the
following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise
pertaining, showing a 2.142 acre waterline easement out
of the Ephriam Evans Survey, Abstract No. 212, and the
John Powell Survey, Abstract No. 491, in Williamson
County, Texas, said easement being a portion of that
called 148.45 acre tract conveyed to C. A. Barton, et al
by deed recorded in Volume 319 on Page 524 of the Deed
Records of Williamson County, Texas, and being more
particularly described by metes and bounds as indicated;
and
See "Sketch to Accompany Description" attached hereto and
made a part hereof for all intents and purposes hereunto
and in any wise pertaining, showing a variable width
temporary construction easement.
This conveyance is made and accepted subject to any and all
conditions and restrictions, if any, relating to the hereinabove
EXHIBIT
"An
described property to the extent, and only to the extent, that the
same may still be in force and effect and shown of record in the
office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges
herein granted shall be perpetual, provided however, that said
easement, rights, and privileges shall cease and revert to Grantor
in the event the waterline and related systems are abandoned, or
shall cease to be used, for a period of two (2) consecutive years.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that s /he will not convey any
other easement or conflicting rights within the area covered by
this grant, without the express written consent of Grantee, which
consent shall not be unreasonably withheld. Grantee shall have the
right to review any proposed easement or conflicting use of the
easement to determine the effect, if any, on the waterline
contemplated herein. Prior to granting its consent for other
easements, Grantee may require reasonable safeguards to protect the
integrity of the waterline thereon.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width
thereof and to extend the cuts and fills for such grading
into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary
after both the original construction and installation of
the waterline or following any repair or maintenance
performed on the line;
(b) the right of ingress to and egress from the easements
over and across the strip of Grantor's property between
the roadway and the permanent easement by means of roads
and lanes thereon, if such exist; otherwise by such route
or routes as shall occasion the least practicable damage
and inconvenience to Grantor; the foregoing right of
ingress and egress includes the right of the Grantee to
disassemble, remove, take down, and clear away any fence,
barricade, or other structure which obstructs, prevents,
or hinders Grantee's ingress to and egress from the
Grantor's property, and should Grantee deem it necessary
to so disassemble, remove, take down, or clear away any
such fence, barricade, or other structure, Grantee shall,
as soon as is reasonably feasible, replace or restore
Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to
Grantee's actions pursuant to this provision, unless said
2.
(c)
fence, barricade, or other structure is inconsistent with
the rights conveyed to Grantee herein; the foregoing
right of ingress and egress applies during the period of
construction as well as for maintaining and repairing the
waterline;
the right from time to time to trim and to cut down and
clear away any and all trees and brush now or hereafter
on the easement and to trim and to cut down and clear
away any trees or brush on either side of the easement
except for those trees listed on attached Exhibit "B"
which now or hereafter in the opinion of Grantee may be
a hazard to any the pipeline, valves, appliances or
fittings, by reason of the danger of falling thereon or
root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights
hereunder, provided, however, that all trees which
Grantee is hereby authorized to cut and remove, if
valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse
wood shall be burned or removed by Grantee;
(d) the right to mark the location of the 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 easement;
(e) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
easement and to keep such gates locked with locks
provided by the City of Round Rock; and
provide a temporary fence during the period of
construction sufficient to keep Grantors' livestock
confined to Grantors' property.
(f)
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on
the easement and repair any damage it shall do to
Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the
rights of ingress and egress or by any wrongful or
3.
negligent act or omission of Grantee's agents or
employees in the course of their employment.
It is understood and agreed that any and all equipment and
facilities placed upon said property shall remain the property of
Grantee.
In addition to the foregoing, and for the consideration set
forth above, Grantor has this day granted and conveyed, and by
these presents does grant and convey, unto Grantee, a temporary
construction easement in, under, over, above and across the
following described property, to -wit:
See "Sketch to Accompany Description" attached hereto and made
a part hereof for all intents and purposes hereunto and in any
wise pertaining, showing a variable width temporary
construction easement.
Said temporary construction is being granted to facilitate
Grantee's construction and installation of the waterline on /or
adjacent to the above - referenced land, and is for the express
purpose of construction and all related work, and of construction
and /or reconstruction of a waterline. Grantor grants such temporary
construction easement to Grantee, its agents and employees, with
necessary equipment, to enter upon and have access to the real
property owned by Grantor.
This temporary construction easement shall exist from the date
construction begins and shall continue until and after completion
of the project, as follows: after final completion of the project,
that being defined as thirty (30) days after issuance of the
Certificate of Completion, this temporary construction easement
shall terminate. The expiration of the temporary construction
easement shall not otherwise affect any of Grantee's easement
rights.
TO HAVE AND TO HOLD the rights and interests described unto
Grantee and its successors and assigns, forever, and Grantor does
hereby bind her /himself, her /his successors and assigns, and legal
representatives, to warrant and forever defend, all and singular,
the above - described easement and rights and interests unto Grantee,
its successors and assigns, against every person whomsoever
lawfully claiming, or to claim, the same or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed on this the day of , 2002.
4.
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
GRANTOR:
By:
Printed Name:
Title:
5.
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENTS
6.
§
§
Notary Public, State of Texas
§
§
§
Notary Public, State of Texas
§
§
§
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
, 2002, by , in the
capacity and for the purposes and consideration therein expressed.
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
7.
§
§
Notary Public, State of Texas
§
§
§
Notary Public, State of Texas
Permanent Easement
Sanitary Control Easement
Water Service
Contract Termination
$32,000
Self - Financed Utility
Construction Funds
$3,000
Utility Operating Funds
$12,750
Self- Financed Utility
Construction Funds
DATE: August 2, 2002
SUBJECT: City Council Meeting — August 8, 2002
ITEM: 11.G.11. Consider a resolution authorizing the Mayor to execute a Settlement
Agreement with Charles Grady Barton, et al for the conveyance of
certain utility easements and the termination of a water supply
agreement.
Resource: Jim Nuse, Chief of Operations /Assistant City Manager
Steve Sheets, City Attomey
History: If approved by the Council, this Settlement Agreement will resolve three separate
but related issues:
Outside Resources: N/A
Impact:
1) The Bartons will convey to the City a permanent easement and a
temporary construction easement needed for the East Water
Transmission Line ($32,000.00);
2) The Bartons will convey to the City a sanitary control easement needed
for two existing water wells ($3,000.00); and
3) The existing agreement with the Bartons regarding free water service
will be terminated ($12,750.00).
The terms of the Settlement Agreement and property acquisition will be discussed
in Executive Session.
Funding: Cost and Source of funds
N/A
Benefit: Allows acquisition of needed utility easements and terminates free water service
agreement.
Public Comment: N/A
Sponsor: N/A